The purpose of this chapter is to authorize
the City of Lodi to grant a nonexclusive franchise to one or more
grantees to install, maintain, and operate within the City a cable
television system for the distribution of television signals, frequency-modulated
radio signals and any other electronic signals capable of being transmitted
on a coaxial or fiber optic network, including data transmission and
closed circuit television programs, provided that the grantee conforms
to the conditions, limitations, and requirements of this chapter.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the single number, and words in the singular number include the plural
number.
BASIC SERVICE
Any service tier which includes, at a minimum, all signals
of domestic television broadcast stations provided to any subscriber
(except a signal secondarily transmitted by satellite carrier beyond
the local service area of such station), any public, educational,
and governmental programming required by the franchise, and any additional
video programming signals or service added to the tier by the grantee.
CABLE ACT
Title VI of the Communications Act of 1934, as amended, 47
U.S.C. § 151 et seq., and all other provisions of the Cable
Communications Policy Act of 1984, Pub. L. No. 98-549, the Cable Television
Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385,
and the Telecommunications Act of 1996, Pub. L. No. 104-104.
CABLE OPERATOR
Any person or group of persons who or which provides cable
service over a cable system and directly or through one or more affiliates
owns a significant interest in such a cable system or who or which
otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system.
CABLE SERVICE
The one-way transmission to subscribers of video programming,
or other programming service, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service.
CABLE TELEVISION SYSTEM, CABLE SYSTEM or SYSTEM
Any facility owned by a cable operator consisting of a set
of closed transmission paths and associated signal generation, reception,
and control equipment that is designed to provide cable service which
includes video programming and which is provided to multiple subscribers
within a community, but such term does not include:
A.
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
B.
A facility that serves subscribers without using
any public right-of-way;
C.
A facility of a common carrier which is subject,
in whole or in part, to the provisions of Title II of the Communications
Act of 1934, as amended, except that such facility shall be considered
a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
D.
An open video system that complies with Section
653 of the Cable Act, including any amendments thereto; or
E.
Any facilities of any electric utility used
solely for operating its electric utility systems.
CHANNEL
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel (as "television channel" is defined in FCC regulations).
CITY
The City of Lodi, Wisconsin, or any duly appointed designee
thereof, including but not limited to the Common Council and all the
area within the territorial limits of the City and its future corporate
boundaries.
COMMON COUNCIL
The present governing body of the City or any successors
to the legislative power of said body or any duly appointed designee
thereof.
CONTROL
The power or authority to direct or cause the direction of
the management and policies of the grantee.
CONVERTER
An electronic device that will shift any television channel(s)
from one to another within the UHF or VHF frequency spectrum.
DWELLING UNIT
A building or that part of a building used as a home or residence.
EXTENDED BASIC SERVICE
Any video programming provided over a cable system, regardless
of service tier, including installation or rental of equipment used
for the receipt of such video programming, other than:
A.
Video programming carried on the basic service
tier;
B.
Video programming offered on a pay-per-channel
or pay-per-program basis; or
C.
A combination of multiple channels, pay-per-channel
or pay-per-program video programming offered on a multiplexed or time-shifted
basis so long as the combined service consists of commonly identified
video programming and is not bundled with any regulated tier of service.
FCC
The Federal Communications Commission, its designee, or any
successor thereto.
FRANCHISE
An initial authorization or renewal thereof issued by the
City, as franchising authority, to a grantee to construct or operate
a cable system.
FRANCHISE AGREEMENT
A contractual agreement entered into between the City and
any grantee hereunder which is enforceable by the City and said grantee
and which sets forth the rights and obligations between the City and
said grantee in connection with the franchise.
FRANCHISE FEE
Any tax, fee, or assessment the City imposes on the grantee
solely because of the grantee's status as such. The term "franchise
fee" does not include:
A.
Any tax, fee, or assessment of general applicability
(including any such tax for or assessment imposed on both utilities
and cable operators or their services, but not including a tax, fee
or assessment which is unduly discriminatory against the grantee);
B.
Capital costs which are required by the franchise
to be incurred by the grantee for educational or governmental access
facilities;
C.
Requirements or charges incidental to the awarding
or enforcing of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated damages; or
D.
Any fee imposed under Title 17, United States
Code.
GRANTEE
A person to whom a franchise under this chapter is granted
and the lawful successors or assigns of such person.
GROSS REVENUES
Any and all revenues derived directly or indirectly by a
grantee, its affiliates, subsidiaries, parents, or any person in which
the grantee has a financial interest from or in connection with the
operation of the cable system pursuant to this chapter. Further, "annual
gross revenues" includes compensation in whatever form derived from
all cable services, cable operations, and cable-related activities
within the franchise area, including but not limited to:
A.
Revenues from subscriber rates, pay television,
premium channels, service tiers, service clusters, institutional networks,
on-air advertising, installations, reconnections, or similar fees;
B.
Rebates or commissions received from travel,
home shopping or similar services, or commercial access; and
C.
Any and all compensation from all ancillary
cable services, cable operations, and cable-related activities within
the franchise area.
NORMAL BUSINESS HOURS
Those hours during which similar businesses in the City are
open to service customers. In all cases, normal business hours must
include some evening hours at least one night per week and some weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operator include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily
within the control of the cable operator include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
PERSON
Any natural person or any association, firm, partnership,
joint-stock company, limited liability company, joint venture, corporation,
or other legally recognized entity, private or public, whether for
profit or not for profit.
SERVICE TIER
A category of cable service or other services provided by
a cable operator and for which a separate rate is charged by the cable
operator.
STREET
The surface of and space above and below any public street,
road, highway, freeway, lane, alley, court, sidewalk, parkway or drive,
or any public right-of-way, now or hereafter existing as such within
the City.
SUBSCRIBER
Any person legally receiving any service provided by a grantee
pursuant to this chapter.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to, programming provided by a television broadcast station.
A grantee's franchise area shall be the territorial
limits of the City of Lodi as they may exist now and in the future.
Upon the grant of a new franchise, the grantee
shall reimburse the City for all reasonable costs, including but not
limited to attorney and consultant fees, incurred by the City relating
to the grant of the new franchise.
Upon reasonable notice by the City, the grantee
shall demonstrate compliance with any or all of the standards and
requirements imposed by this chapter. The grantee shall provide sufficiently
detailed information to permit the City to readily verify the extent
of compliance.
The overall quality of service provided by a
grantee to subscribers may be subject to evaluation by the City, at
least annually. In addition, the City may evaluate the quality of
service at any time, based on subscriber complaints received by the
grantee and the City and the grantee's response to those complaints.
Upon determining that service quality is inadequate, the City may
order the grantee to cure the inadequacies. The grantee shall commence
corrective action within 30 days after receipt of written notice of
such order. Failure to do so shall be deemed to be a material breach
of the franchise and subject to the remedies prescribed in this chapter.
The City may use the performance bond and/or security fund provided
for in this chapter to remedy any such franchise breach.
The City shall have the right to inspect, upon
24 hours' written notice, at any time during normal business hours
at the grantee's regional office all books, records, maps, plans,
financial statements, all logs required under this chapter, performance
test results, records of requests for service and other like materials
of the grantee relating to the operation of the franchise. If any
such books or records are not kept in the regional office, and if
the City shall determine that an examination of such records is necessary
or appropriate to the performance of any of the City's duties, then
the grantee shall make such records available locally on 10 business
days' notice. When requested by the grantee and to the extent allowed
by law, the City shall treat as confidential proprietary information
or trade secrets obtained by the City during such inspection. The
City shall make such information available only to those persons who
must have access to the information to perform their duties on behalf
of the City.
The grantee shall give prior notice to the City
specifying the names and addresses of any entity, other than the grantee,
that, within one calendar year, will perform services valued at $10,000
or more relating to the franchise; provided, however, that all provisions
of the franchise remain the responsibility of the grantee. All provisions
of any franchise shall apply to any subcontractor or others performing
any work or services pursuant to the provisions of the franchise.
Nothing in this section shall be construed as allowing the transfer
of any rights or responsibilities of the grantee without written approval
of the City.
During the term of a franchise and upon request
by the City, the grantee shall provide free basic and extended basic
service to any and all City buildings used for municipal purposes
and to all public and parochial schools within the franchise area
and within 150 feet of existing cable plant. The grantee may charge
for usual installation costs. The City may extend service within each
building so served as long as such extensions are in compliance with
applicable FCC rules and regulations.
A grantee shall at all times keep its cables
and other appurtenances used for transmitting signals shielded in
such a manner that there will be no interference with signals received
by radios or televisions not connected to the grantee's service.
A grantee may promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall
be reasonably necessary to enable the grantee to exercise its rights
and perform its obligations under the franchise and to assure uninterrupted
service to all its subscribers. However, such rules, regulations,
terms and conditions shall not be in conflict with the provisions
of this chapter, the franchise agreement, or state or federal law.