[Adopted 3-7-1994 by Ord.
No. 383 (Ch. 11, Art. IV, of the 1990 Code)]
A.
It is the purpose of this Part 4 to authorize the municipal officers of the City of Augusta to control and administer the franchising and regulation of cable television systems using public ways in the City of Augusta and to enter into agreements on behalf of the City of Augusta in order to assure that the needs and interests of the local citizens are adequately met; and to determine, according to the judgment of the municipal officers, the type and degree of regulations deemed to be in the best interests of the citizens of the City. The authority for this Part 4 is contained in 30-A M.R.S.A. § 3008, as amended. Cable television systems which are located in accordance with this Part 4 and the regulations of the franchise are not considered defects in public ways.
B.
Further, it is the intent of this Part 4 and subsequent amendments
to provide the widest possible diversity of information sources and
services to cable subscribers.
C.
For these purposes, the following goals underlie the regulations
contained herein:
(1)
Where economically reasonable, residential cable television services
should be offered to the maximum number of City residents.
(2)
The cable television system and the cable television operator should
be capable of accommodating both the present and reasonably foreseeable
cable television needs of cable subscribers.
(3)
The cable television system should be improved and upgraded during
the franchise term when deemed necessary to meet the needs of cable
subscribers.
(4)
The cable television system and the cable television operator authorized
by this Part 4 shall be responsive to the needs and interests of the
cable television subscribers.
[Amended 5-16-1994 by Ord. No. 493; 3-15-1999 by Ord. No. 47]
As used in this Part 4, the following words and terms have the
following meanings:
Each cable operator of a cable system shall provide its subscribers
a separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic service
tier shall, at a minimum, consist of the following: all signals carried
in fulfillment of the requirements of §§ 614 and 615
of the Communications Act of 1934, as amended. Each such tier shall
also include any community, educational and governmental access programming
required by the franchise of the cable system to be provided to subscribers;
and any signal of any television broadcast station that is provided
by the cable operator to any subscribers, except a signal which is
secondarily transmitted by a satellite carrier beyond the local service
area of such station.
Any person, group of persons, firm or corporation:
Any facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and equipment that
is designed to provide cable service which includes video programming
and is provided to multiple subscribers within the City. Such terms
shall not include a facility that serves only subscribers in one or
more multiple-unit dwellings under common ownership, control or management,
unless such facility uses any public right-of-way. The term also shall
not include any facilities of any electric utility used solely for
operating its electric utility systems.
The City of Augusta, Maine, organized and existing under
the laws of the State of Maine, and the area within its territorial
limits.
The City Council of the City of Augusta, Maine.
That federal agency as presently constituted by the Communications
Act of 1934, as amended, or any successor agency.
The definitions contained in this Part 4 rely on those contained in the Communications Act of 1934 (47 U.S.C. § 521 et seq.), as it is from time to time amended and interpreted. Any ambiguity shall be resolved by reference to the federal statutes, regulations and the decisions interpreting the same.
The nonexclusive rights, whether an initial authorization
or a renewal thereof, to construct and operate a cable system along
the public ways in the City or within specified areas in the City.
It is not intended to include or supersede or otherwise affect any
license or permit required for the privilege of transacting and carrying
on a business within the City as may be required by other ordinances
and/or laws of the City.
A natural person, partnership, domestic and/or foreign corporation
or entity, association, joint venture or organization of any kind
granted a franchise by the City Council under this Part 4 and its
lawful successor, transferee or assignee.
All amounts which are charged and/or received, directly or indirectly,
by a grantee from or in connection with the operation of the system,
including, without limitation:
Any revenue received from subscribers, including but not limited
to revenue for basic service, tier service, additional outlets, FM
service, commercial service, premium service, pay-per-view service
and related per-event services, or for the distribution of any service
over the system or the provision of any service-related activity in
connection with the operation of the system, including cable modem
services from the use of the cable distribution system and non-cable
communications services;
Revenue received from subscribers for installation, change in
service and reconnection charges and similar fees;
Revenue received from subscribers for converters, remote controls
or other equipment leased or rented to subscribers in connection with
the delivery of cable services to such subscribers;
Revenue received from subscribers for service charges and late
fees attributable to delinquent accounts;
Revenue received from third parties, including advertising revenue,
home shopping commissions on the sale of products or services advertised
or promoted on the system, guide commissions, leased access payments,
and studio and other facilities or equipment rentals;
Revenue shall include any payment or consideration (including
copyright fees, but excluding any franchise fees, utility users tax
or new sales tax imposed by the City or the state or federal government)
collected for direct payment to a third party. Franchise fees paid
to the City are not deemed to be taxes; and
Gross revenue shall also include the gross revenue of any other
person which is derived directly or indirectly from or in connection
with the operation of a system to the extent that said revenue is
derived through a means which has the effect of avoiding the payment
of franchise fees to the City that would otherwise be paid herein.
There shall be deducted from gross revenue:
In computing gross revenue from sources other than a grantee's
subscribers, including without limitation revenue derived from the
sale of advertising, home shopping services, guide sales, satellite
dishes, the lease of channel capacity over its cable system, or any
other gross revenues attributable or allocated to a grantee in accordance
with generally accepted accounting principles but received by another
entity affiliated with the grantee, the aggregate revenue received
by the grantee from such other sources during the period in question
shall be multiplied by a fraction, the numerator of which shall be
the number of grantee's subscribers in the City as of the last day
of such period and the denominator of which shall be the number of
subscribers within all areas served by the grantee as of the last
day of such period. If these additional revenue sources can be verified
as being totally derived from within the City, the above allocation
formula is not to be used.
The Mayor and City Councilors of the City of Augusta, Maine.
A cable system with production facilities, technical performance,
capacity, equipment, components and service equal to that which has
been developed and demonstrated to be more modern than generally accepted
and used in the cable television industry for comparable markets.
Any person who contracts to purchase, orally or in writing,
the regular subscriber service and/or any one or more other services
as may be provided by a grantee's cable system.
The number of subscribers determined as follows: In the event
a single fee is paid for service to a multiple-dwelling unit, the
number of equivalent subscribers shall be determined by dividing such
fee by the then-prevailing regular subscriber service rate and rounding
the resulting quotient to the nearest whole number. To this number
shall be added the number of all other subscribers.
A.
Franchise required. A nonexclusive franchise to construct, operate
and maintain a cable system within all or any portion of the City
is required of anyone desiring to provide cable television service
in the City. A franchise may be granted by the City Council to any
person, firm, corporation, association, joint venture or organization,
whether operating under an existing franchise or not, who or which
offers to furnish and provide such cable system under and pursuant
to the terms and provisions of this Part 4 and a franchise agreement
acceptable to the Council. Insofar as it is not inconsistent with
or otherwise preempted by federal or state regulations, a franchise
shall also grant the right and privilege to the grantee to provide
non-cable communications services. The City Council shall retain all
authority to regulate non-cable communications services to the extent
necessary to protect the public health, safety and welfare and to
ensure compliance with all provisions of this Part 4.
B.
Rights reserved to City. The City hereby expressly reserves the following
rights:
(1)
To exercise its governmental powers, now or hereafter, to the full
extent that such powers may be vested in or granted to the City.
(2)
To adopt and promulgate ordinances as it shall find reasonably necessary
in the exercise of its lawful police power. Such power shall include
the absolute right of the City to maintain control over its streets
and public ways, and to adopt such reasonable regulations relating
to streets and public ways as the City and/or its departments shall
hereinafter provide.
(3)
The powers of the City may be exercised through amendment of this
Part 4 as well as through enactment of separate ordinances and regulations.
C.
Unlawful acts; penalties.
(1)
It shall be unlawful for any person, firm or corporation to establish,
operate or carry on the business of distributing to any persons in
the City any television signals or radio signals by means of a cable
system unless a franchise therefor has first been obtained pursuant
to the provisions of this Part 4 and unless such franchise is in full
force and effect.
(2)
It shall be unlawful for any person, firm or corporation to make
any unauthorized connection, whether physically, electrically, acoustically,
inductively, or otherwise, with any part of a franchised cable system
within the City for the purpose of enabling himself/herself or others
to receive any television signal, radio signal, picture, program or
sound, without payment to the owner of the cable system.
(3)
It shall be unlawful for any person, firm or corporation, without
the consent of a grantee, to willfully tamper with, remove or injure
any cables, wires or equipment used for distribution of television
signals, radio signals, pictures, programs or sound.
(4)
Any person, firm or corporation violating any subsection of this
section shall be punished by a fine or by imprisonment or by both
fine and imprisonment in accordance with federal, state or local law.
D.
Failure of City to enforce compliance. A grantee shall not be excused
from complying with any of the terms and conditions of this Part 4
or a franchise by any failure of the City, upon any one or more occasions,
to insist upon the grantee's performance or to seek the grantee's
compliance with any one or more of such terms or conditions.
[Amended 5-16-1994 by Ord. No. 493; 3-15-1999 by Ord. No. 47]
A.
Application; nonrefundable fee. An application for an initial cable
television franchise shall be submitted to the Council, or its designee,
on a written application form furnished by the City, and in accordance
with the procedures and schedule to be established and published by
the Council. The application will request facts and information the
Council deems appropriate. Applications shall be accompanied by a
nonrefundable application fee of $1,000 to the order of the "City
of Augusta," which amount shall be used by the City to offset direct
expenses incurred in the franchising and evaluation procedures, including,
but not limited to, staff time and consulting assistance.
B.
Grantee to pay costs of granting franchise. An applicant to whom the Council grants an initial nonexclusive franchise, in addition to the nonrefundable fee specified herein above, shall pay to the City, within 30 days of receipt of notice of the amount, an amount set by the Council, or its designee, which shall represent the remaining out-of-pocket costs incurred by the City in granting the franchise and not defrayed by fees forthcoming from the provisions of Subsection A of this section.
C.
Initial application requirements. Ten copies of the application shall
be filed with the City Clerk and shall contain such information as
the City may require, including, but not limited to:
(1)
A general description of the applicant's proposed operation;
(2)
A statement detailing its business or corporate organization; including
but not limited to the identification of any person, persons, or entity
holding an interest of 10% or greater in the applicant's business
and a statement disclosing interests of 10% or greater that the applicant
has in any other business, corporation or partnership and a statement
describing all intracompany relationships of the applicant, including
parent, subsidiary or affiliated companies;
(3)
A written commitment to timely service and restoration of property;
(4)
A schedule of proposed charges;
(5)
A statement setting forth the channels to be allocated for community,
municipal, education, and leased access; a description of the production
facilities and equipment to be made available by the applicant for
access; and a statement establishing any additional revenues to be
designated for programming or programming assistance for the access
channels;
(6)
If applicant is a corporation, audited financial statements for the
five previous fiscal years. If applicant is a partnership, copies
of the U.S. Partnership Return of Income (IRS Form 1065) for the five
previous fiscal years. If applicant is a sole proprietorship, copies
of personal financial statements for the five previous fiscal years;
(7)
An estimated five-year operations pro forma which shall include the
initial and continuing plant investment, annual profit and loss statements
detailing income and expenses, annual balance sheets, and annual levels
of subscriber penetration. The pro forma shall also state the average
return on investment anticipated by the applicant for the five-year
operations period and shall state the method of computation thereof.
Costs anticipated for voluntary services or contributions shall, if
presented, be incorporated in the pro forma as required in this Part
4, but shall be separately identified in the pro forma;
(8)
A listing of existing franchises held by the applicant, indicating
when the franchises were issued and when the networks were constructed
in each respective governmental unit, together with the name and address
and phone number of a responsible governmental official knowledgeable
of the applicant;
(9)
A statement detailing the applicant's prior operational experience
in cable television systems and/or microwave service, including that
of its officers, management and any staff to be associated with the
proposed operation;
(10)
A general statement of the applicant's ability and intent to
incorporate technological improvements and advancements in the cable
television system as such improvements or advancements are generally
available in the industry; and
(11)
Any other reasonable and applicable information which the City
Council may request.
D.
Request for proposals; public comment periods; evaluating applications;
public hearing.
(1)
Upon filing, any initial franchise application and related documents
are public records open to inspection by the public during reasonable
hours, including specifically the regular business hours of the City
Clerk.
(2)
Before issuance of a request for proposals, the City shall maintain
the proposed request for proposals on the agenda of at least two City
Council meetings for the purpose of determining any special local
needs or interest. Any citizen of the City shall have the right to
comment in writing, filed in advance, or orally at any meeting at
which the proposed request for proposals is to be considered.
(3)
Following reasonable notice to the public, any initial franchise
application shall be available for inspection for a period of at least
20 days prior to the municipal officers taking action on the same.
Any citizen of the City shall have the right to comment in writing,
filed in advance, or orally at any meeting at which the franchise
applications are to be considered.
(4)
Before authorizing the issuance of any such initial franchise contract,
the municipal officers shall review the applicant's legal, character,
financial and technical qualifications and the adequacy and feasibility
of the applicant's qualifications to operate a cable television system
within the City based upon information provided to the municipal officers
by the applicant and by other sources in writing or at any public
hearing or meeting of the municipal officers, and shall conduct a
public hearing thereon with at least seven days' advertised notice
prior to said public hearing.
E.
Awarding an initial franchise.
(1)
After examining all applications submitted pursuant to procedures
to be established by the City Council designed to assure the legal,
financial, technical and character qualifications of an applicant
to provide cable service, the Council is authorized, after a full
hearing affording due process, to grant a nonexclusive franchise conveying
the right to construct and operate a cable system within the public
ways of the City. A franchise may be awarded to the applicant which
in the Council's judgment will best serve the public interest and
whose construction and financial plans and arrangements are both feasible
and adequate to fulfill the conditions set forth in this Part 4 and
incorporated into any franchise granted.
(2)
No provisions in this Part 4 shall be deemed or construed to require
the Council to grant a franchise following receipt of any franchise
application.
F.
Franchise term. The term of a franchise shall be not more than 15
years from the date the franchise is accepted by the grantee by written
agreement with the City, unless terminated earlier in accordance with
this Part 4.
G.
State-of-the-art modifications. The Council shall have the authority
to order a public hearing on the provision of additional channel capacity
by a grantee or on the inclusion in a grantee's cable system of "state-of-the-art"
technology or upgraded facilities. Notice of such hearing shall be
provided to the grantee and the public not later than 30 days prior
to such hearing. If, after such hearing, the Council determines that
(1) there exists a reasonable need and demand for additional channel
capacity and/or "state-of-the-art" technology or upgraded facilities,
and (2) provisions have been made or will be made for adequate rates
which will not preclude a grantee from achieving a positive net present
value on its investment in the City over the term of the franchise
and will allow a grantee a fair rate of return on its total investment
(including the investment required to provide the additional channels
and/or the "state-of-the-art" technology or upgraded facilities),
and (3) the additional channel capacity and/or "state-of-the-art"
technology or upgraded facilities will not result in economic waste
for the grantee, the Council may order the grantee to provide a specified
number of additional channels and/or specified "state-of-the-art"
technology or upgraded facilities. In considering the economic feasibility
of required cable system improvements, the City may consider whether
to extend the term of the franchise to permit the recovery of the
costs of the improvements as set forth in (2) above. Any proposed
extension of franchise shall be treated procedurally in accordance
with the procedure for franchise renewal.
H.
Franchise fees.
(1)
Grantee to pay City 5% of gross revenue as a franchise fee. For the reason that the streets and other public rights-of-way which are used by the grantee in the operation of its cable system within the boundaries of the City are valuable public properties acquired and maintained by the City at great expense to its taxpayers, and that the grant to the grantee to the use of said streets is a valuable property right without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions, and because the City will incur costs in regulating and administering the franchise, the grantee shall pay to the City an amount equal to 5% of the grantee's gross revenue (as defined in definition § 190-41).
(2)
Franchise fee to be paid annually with statement verifying all collected
gross revenues. The franchise fee assessed shall be payable annually
to the City. The grantee shall file a complete, accurate, and verified
statement of all collected gross revenue within the City during the
period for which said annual payment is made, and said payment shall
be made to the City Treasurer not later than 60 days after the expiration
of the date for which payment is due.
(3)
The City may examine all grantee records to determine accuracy of
amounts payable to City. The City shall have right to audit and to
recompute any amounts determined to be payable under this Part 4;
provided, however, that such audit shall take place within 36 months
following the close of each of the grantee's fiscal years. Any additional
amount due to the City as a result of the audit shall be paid within
30 days following written notice to the grantee by the City; said
notice shall include a copy of the audit report.
(4)
Late payment of franchise fee to be charged interest at prime rate
plus 2%. In the event that any franchise payment or recomputed amount
is not made on or before the applicable dates heretofore specified,
and following notice by the City to a grantee, interest shall be charged
daily from such date at the annual rate equivalent to the then-existing
prime rate of Augusta banking institutions plus 2%.
A.
Upon award of a franchise pursuant to this Part 4, a grantee shall
agree to be bound by all the terms and conditions contained herein.
A grantee shall also agree to provide the cable system and all of
the cable services specifically set forth in a franchise agreement.
B.
In the event of a conflict between the franchise agreement and the provisions of this Part 4, the provisions of this Part 4 shall prevail. Failure to provide services as promised in the grantee's franchise may be deemed a breach of this Part 4 to which the provisions of §§ 190-69 and 190-70 of this Part 4 shall apply.
A.
"Transfer of a franchise" means any transaction in which an ownership
or other interest in a grantee or its cable system is transferred
from one person or group of persons to another person or group of
persons so that control of the grantee is transferred, or the rights
and/or obligations held by the grantee under a franchise agreement
are transferred or assigned to another person or group of persons.
(1)
A rebuttable presumption that transfer of control has occurred shall arise upon the acquisition or accumulation by any person, or group of persons, of 35% of the voting interest of the grantee or of the person exercising management authority over the grantee. Any purchases or acquisitions of the grantee's stock made by a person other than an officer or director of the grantee over a stock exchange or in the over-the-counter market of which the grantee or any affiliate of the grantee has no control, shall not be subject to the requirements of Subsection C below.
(2)
A transfer is pro forma when it involves no substantial change in
the ultimate ownership or control of the franchise.
B.
No transfer of a franchise shall occur without prior approval of
the City, and such approval shall not be unreasonably withheld. The
City Council shall act upon a transfer request no later than 120 days
after receiving the information required herein in accordance with
the Federal Cable Act of 1992.
C.
Grantee shall promptly notify the City Clerk in writing of a proposed
transfer and shall file with the City Clerk an application for transfer
of a franchise. The transfer application shall provide complete information
on the proposed transaction, including a copy of the bona fide offer,
details on the legal, financial, technical and other qualifications
of the proposed transferee, and on the potential impact of the transfer
on subscriber rates and service.
D.
An application for approval of a pro-forma transfer of a franchise
shall be considered granted on the 31st calendar day following the
filing of such application with the City Clerk unless, prior to that
date, the City notifies the grantee to the contrary. An application
for approval of a pro-forma transfer of a franchise shall clearly
identify the application as such.
E.
In making a determination on whether to grant an application for
transfer of a franchise, the City Council shall consider the legal,
financial, technical and other qualifications of the proposed transferee
to operate the system; whether the incumbent cable operator is in
compliance with its franchise agreement and this Part 4 and, if not,
the proposed transferee's commitment and plan to cure such noncompliance;
and whether operation by the proposed transferee would adversely affect
cable services to subscribers, or otherwise be contrary to the public
interest.
F.
No application for a transfer of a franchise shall be granted unless
the transferee agrees in writing that it will abide by and accept
all terms of this Part 4 and the franchise agreement, and that it
will assume the obligations and liabilities of the previous grantee
under this Part 4 and the franchise agreement, and with other conditions
as may be prescribed by the City Council.
G.
Approval by the City of a transfer of a franchise does not constitute
a waiver or release of any of the rights of the City under this Part
4 or the franchise agreement, whether arising before or after the
date of the transfer.
H.
In the absence of extraordinary circumstances, the City Council will
not approve any transfer or assignment of a franchise within 36 months
after initial construction or acquisition of the system.
I.
The City may impose a processing fee to cover its costs of considering
and evaluating an application for transfer of a franchise.
A.
Indemnification of City in franchise operation. It shall be expressly
understood and agreed by and between the City and any cable television
operator hereafter that the cable television operator shall save the
City and its agents and employees harmless from and against all claims,
damages, losses, and expenses, including attorney's fees sustained
by the City on account of any suit, judgment, execution, claim or
demand whatsoever arising out of but not limited to copyright infringements
and all other damages arising out of the installation, operation,
maintenance, or reconstruction of the cable television system authorized
herein.
B.
Reimbursement of costs. The cable television operator shall pay and by its acceptance of any franchise agrees that it will pay all expenses incurred by the City defending itself with regard to all damages and penalties mentioned in Subsection A above.
C.
Public liability insurance. The cable television operator shall maintain
and by its acceptance of any franchise agrees that it will maintain
throughout the term of the franchise or any renewal or extension thereof
a general comprehensive liability insurance policy naming as the additional
insured the City, its officers, boards, commissions, agents and employees,
in a form satisfactory to the Corporation Counsel, protecting the
City and all persons against liability for loss or damage for personal
injury, death or property damage occasioned by the operations of the
cable television operator under any franchise granted hereinafter,
in the amounts of:
(1)
For
bodily injury or death to any one person, within the limit, however,
of $1,000,000 for bodily injury or death resulting from any one accident:
$500,000;
(2)
For
property damage resulting from any one accident: $250,000; and
(3)
Workers
compensation insurance in compliance with all workers compensation
insurance and safety laws of the State of Maine, and amendments thereto.
D.
Notice of cancellation or reduction of coverage. The insurance policies
mentioned above shall state that the policies are extended to cover
the liability assumed by the cable television operator under the terms
of any franchise agreement and shall contain the following endorsement:
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"It is hereby understood and agreed that this policy may not
be cancelled nor the amount of coverage thereof reduced until 30 days
after receipt by the City Clerk, by registered mail, of written notice
of such intent to cancel or reduce the coverage."
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E.
Evidence of insurance filed with the City. All policies of insurance
or certified copies thereof and written evidence of payment of required
premiums shall be filed and maintained with the City Clerk during
the term of this franchise or any renewal thereof.
F.
No waiver of performance bond or letter of credit. Neither the provisions
of this Part 4 nor any insurance accepted by the City pursuant hereto,
nor any damages recovered by the City thereafter, shall be construed
to excuse faithful performance by the cable television operator or
limit the liability of the cable television operator under this Part
4 or any franchise granted pursuant hereto, or for damages, either
to the full amount of the bond, letter of credit, or otherwise.
G.
Performance bond.
(1)
Grantee may be required to obtain a performance bond in an amount
established in the franchise agreement.
(a)
Within 30 days after the award or renewal of a franchise, a
grantee may be required to obtain and maintain throughout the period
of system construction or reconstruction, at its cost and expense,
and file with the City Clerk, a corporate surety bond in a company
authorized to do business in the State of Maine and found acceptable
by the Corporation Counsel an amount established in a franchise agreement
to guarantee the timely construction and/or reconstruction and full
activation of the cable system and the safeguarding of damage to private
property and restoration of damages incurred with utilities.
(b)
The bond shall provide, but not be limited to, the following
condition: There shall be recoverable by the City, jointly and severally
from the principal and surety, any and all damages, loss or costs
suffered by the City resulting from the failure of a grantee to satisfactorily
complete and fully activate and the cable system throughout the franchise
area pursuant to the terms and conditions of this Part 4 and the franchise
agreement.
(2)
Extension of construction time limit must receive authorization of
City Council. Any extension to the prescribed construction or reconstruction
time limit must be authorized by the City Council. Such extension
shall be authorized only when the City finds that such extension is
necessary and appropriate due to causes beyond the control of a grantee.
The performance bond shall be available throughout any such extension
period.
(3)
Bond to be terminated only after City Council finds grantee has satisfactorily
completed all work. The performance bond shall be terminated only
after the City Council finds that a grantee has satisfactorily completed
initial construction and activation or reconstruction of the cable
system pursuant to the terms and conditions of this Part 4 and the
franchise agreement.
(4)
Rights with respect to performance bond in addition to all other
rights of City. The rights reserved to the City with respect to the
performance bond are in addition to all other rights of the City,
whether reserved by this Part 4 or authorized by law, and no action,
proceeding or exercise of a right with respect to such performance
bond shall affect any other rights the City may have.
(5)
Endorsement required. The performance bond shall contain the following
endorsement:
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"It is hereby understood and agreed that this bond may not be
cancelled by the surety nor the intention not to renew be stated by
the surety until 60 days after receipt by the City, by registered
mail, of written notice of such intent to cancel or not to renew."
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A.
Map and detailed plan to be provided. A grantee shall submit a construction
or reconstruction plan not less than 90 days prior to the date the
grantee intends to commence construction or reconstruction, and that
plan shall be incorporated by reference and made a part of a franchise
agreement. The plan shall include cable system design details, equipment
specifications, and design performance criteria. The plan shall also
include a map of the entire franchise area and shall clearly delineate
the following:
(1)
Areas within the franchise area where the cable system will be available
to subscribers, including a time schedule of construction or reconstruction
for each year that construction or reconstruction is proposed; and
(2)
Areas within the franchise area where extension of the cable system
cannot reasonably be done due to lack of present or planned development
or other similar reasons, with the areas and the reasons for not serving
them clearly identified on the map.
B.
Delay in system construction or reconstruction requires consent by City Council. Any delay in the cable system construction or reconstruction beyond the times specified in the plan timetable shall require application to and consent by the City Council. Any delay beyond the terms of the construction timetable, unless approved by the City Council, will be considered a violation of the franchise for which the provisions of §§ 190-61G and 190-70 shall apply. However, nothing in this section shall prevent a grantee from constructing or reconstructing the cable system earlier than planned.
C.
Failure to proceed with construction and/or reconstruction expeditiously
is grounds for revocation and/or liquidated damages. Construction
or reconstruction in accordance with the plan submitted by a grantee
shall occur according to the time schedule and shall commence as soon
after the effective date of the franchise as is reasonably possible.
Failure to proceed expeditiously shall be grounds for liquidated damages
and/or revocation of the franchise.
D.
Line extension policy. Extension of a cable system into any area
not specifically treated in the plan shall nonetheless be required
to be accomplished within 90 days if the terms of any of the following
conditions are met and unless circumstances beyond the grantee's control
require extension of the City Council of the ninety-day provision:
(1)
Mandatory extension rule. The grantee shall be required to extend
energized cable from any existing activated lines of the cable system
to any area immediately adjacent thereto within the grantee's service
area, including residential, commercial, and industrial property having
a density of at least 15 potential subscriber units per mile as measured
in linear trench or aerial strand footage from the nearest technically
feasible point on the system. The extension shall be paid for by the
grantee and not charged to subscribers.
(2)
Early extension. In areas not meeting the requirements for mandatory
extension of cable service, a grantee shall provide, upon the request
of one or more potential subscribers desiring cable service, an estimate
of the costs for time and materials required to extend cable service
to said subscribers. A grantee shall then extend cable service upon
request of said potential subscribes upon payment of cost for time
and materials. A grantee may require advance payment or assurance
of payment satisfactory to the grantee. The amount paid by subscribers
for early extension shall be nonrefundable, and in the event the area
subsequently reaches the density required for mandatory extension,
such payment shall be treated as consideration for early extension.
(3)
Nothing in this section shall be construed to prevent a grantee from
serving areas not covered under this section upon agreement with developers,
property owners or residents.
E.
Service drops.
(1)
Grantee shall make service available to any subscriber within the
City upon a request and at the standard connection charge if the connection
requires no more than a three-hundred-foot aerial or underground drop
measured from the nearest point of a subscriber's home or place of
business to the nearest active tap on the cable system, whether or
not street cutting or boring is required and shall include one outlet,
and standard materials, and shall not involve a wall fish installation.
(2)
If making service available requires more than a standard drop (such
as a wall fish installation), a grantee may charge the subscriber:
(3)
Absent a showing by the grantee to the City Manager of unusual circumstances
(such as but not limited to street crossings), any standard drop shall
be accomplished within seven working days of subscriber's request;
a nonstandard drop shall be accomplished within 15 working days of
a subscriber's request.
F.
Aerial and underground drops in excess of 300 feet are not to exceed
actual installation costs. With respect to requests for connection
requiring an aerial or underground drop line in excess of 300 feet,
a grantee must extend and make available cable service to such subscribers
at a connection fee not to exceed the actual installation costs incurred
by the grantee for the distance exceeding 300 feet.
G.
System construction and operation to be consistent with City requirements;
City to observe annual proof-of-performance tests; City may conduct
independent tests at cost of the grantee. A grantee shall construct,
install, operate and maintain its system in a manner such that it
operates at all times consistent with all laws, ordinances, and construction
standards of the City; NCTA Recommended Practices for Measurements
on Cable Television Systems, Second Edition, November 1989, as amended
from time to time; the rules and regulations of the Federal Communications
Commission; and detailed standards submitted by the grantee as part
of its application, which standards shall be incorporated by reference
in the franchise agreement. In addition, a grantee shall provide the
City, upon request, with the opportunity to observe the conduct of,
and receive a written report of the results of, the grantee's annual
proof-of-performance tests. The City may at any time conduct independent
measurements of the system. A grantee shall pay the costs incurred
by the City for any technical assistance deemed reasonably necessary
by the City for obtaining independent verification of technical compliance
with all standards, when independent test results indicate noncompliance
with any technical standards.
H.
Additional specifications for standby power, national, state and
local code requirements. A grantee shall construct, install and maintain
the cable system in an orderly and professional manner, using due
diligence and materials of good and durable quality. All cables and
wires shall be installed, where possible, parallel with and in the
same manner as electric and telephone lines. Multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
considerations. Underground installations shall be in conformance
with all applicable codes.
(1)
A grantee shall maintain equipment capable of providing standby power
to be engaged automatically in the event of a power failure for 24
hours at all headend, tower, and HVAC systems and for a minimum of
two hours at all trunk and distribution amplifiers, or fiber optic
node.
(2)
A grantee shall at all times comply with applicable sections of the
following, all as from time to time amended and revised, and all other
applicable rules and regulations now in effect or hereinafter adopted
by the City:
(a)
National Electrical Safety Code (ANSI), most recently adopted;
(b)
National Electrical Code (National Bureau of Fire Underwriters);
(c)
NCTA Recommended Practices for Measurements on Cable Television
Systems, Second Edition, November 1989, as amended; and
(d)
The rules and regulations of the Federal Communications Commission.
(3)
In any event, the grantee shall not endanger or interfere with the
safety of persons or property in the franchise area or other areas
where a grantee may have equipment located.
I.
Access to grantee's trenches by other utilities. During cable system
construction or rebuilding, the grantee shall allow other entities,
as determined by the municipal officers, to put other compatible facilities
in their trenches while they are open.
J.
If the City determines any part of the facilities are harmful to
the health and safety of any person, the grantee shall promptly correct
all such conditions. If, at any time, it is determined by the City
or any other agency or authority of competent jurisdiction that any
part of the system facilities is endangering the public, including
without limitation missing vault or pedestal covers, temporary drop
cables that cross walkways, driveways or other areas, and low cables,
riser problems and other violations of local or state codes and laws
that are harmful to the health or safety of any person, then a grantee
shall correct all such conditions, at its own costs and expense, immediately
within 24 hours of receipt of notice from the City or any other agency
or authority of competent jurisdiction. Until such conditions are
corrected, the grantee shall post suitable warnings to ensure that
the health and safety of persons possibly affected is ensured.
K.
Grantee to maintain system in conformance with FCC radiation rules.
A grantee shall construct, operate and maintain the system in conformance
with FCC signal leakage requirements, 47 CFR 76, Subpart K, to prevent
interference with the transmission or reception of over-the-air broadcast
signals by television receivers. A grantee shall not interfere with
the ability of any subscriber to utilize his/her television receiver
for any lawful purpose. The connection of any cable input selector
device or any converter to a subscriber's terminal shall not be considered
as interference with the subscriber's ability to utilize his/her television
receiver.
L.
Grantee to take all necessary steps to prevent accidents. A grantee
shall, at its own cost and expense, take all necessary efforts to
prevent accidents at its work sites, including the placing and maintenance
of proper guards, fences, barricades, and security personnel and,
at night, suitable and sufficient lighting.
M.
Notice of cable construction/repair to subscribers. A grantee shall
notify residents on affected streets of pending construction or major
repairs, including any which require street or sidewalk trenching,
at least 48 hours prior to commencement of such work. Notification
shall be by leaving an appropriate notice at the residence (i.e.,
door hanger notice) and by mail. In the event of a system extension
or rebuild, possibly affecting general system reception, a grantee
shall notify all of its subscribers by mail, stating the scope and
duration of the proposed extension or rebuild and its impacts at least
14 days prior to commencement of such work, with a follow-up door
hanger notice also being placed at subscribers' residences no later
than 48 hours prior to commencement of the extension or rebuild work.
A.
All grantee's facilities to be installed only at locations approved
by the Director of City Services. Any poles, wires, cable lines, conduits
or other properties of a grantee to be constructed or installed in
streets shall be so constructed or installed only at such locations
and in such manner as shall be approved in writing by the City of
Augusta Director of City Services in the exercise of his/her reasonable
discretion.
B.
During construction, reconstruction or maintenance of the system,
a grantee shall not obstruct public ways without prior consent of
authorities. In connection with the construction, reconstruction,
operation, maintenance, repair, or removal of the system, a grantee
shall give due regard to the aesthetics of the franchise areas and
shall not obstruct the public ways, streets, railways, passenger travel,
or other traffic to, from or within the City, without prior consent
of the appropriate authorities. In addition:
(1)
All transmission and distribution structures, lines, and equipment
erected by a grantee within the City shall be so located as to cause
minimum interference with the rights and reasonable convenience of
property owners who adjoin any streets or public ways.
(2)
In case of any disturbance to any public way, street, easement, paved
area or other property, a grantee, at its own cost and expense and
in a manner and time period approved by the City, shall replace and
restore such public way, street, easement, paved area or other property
in as good a condition as before the work involving such disturbance
was done.
C.
Permits required to be obtained prior to any physical work being
performed in City's streets. A grantee or its authorized contractors
must obtain permits from the Director of City Services, or designee,
prior to any physical work being performed in the City's streets or
on City-owned property. Permits will be issued to a grantee or its
contractors only on approved plans by approved contractors, which
plans must be submitted on or before the request for the construction
permit. All work will be done in accordance with the City's specifications
and must comply with all applicable City construction codes and procedures.
D.
Grantee to prepare detailed maps of entire system prior to issuance
of permit for construction or reconstruction; maps to be filed with
affected utility companies. A grantee shall cause detailed maps of
the entire cable system, showing materials of construction, amplifier,
and power supply locations, to be filed in the office of the Director
of City Services prior to the issuance of a permit for construction
or reconstruction. Prior to requesting the issuance of a permit for
the installation of any facility or apparatus in accordance with the
provisions of this section, a grantee shall file such maps with all
utility companies and public agencies whose facilities are affected
by such installation.
E.
Upon undergrounding of utility lines, a grantee shall concurrently
place lines underground in conduits at depth approved by Director
of City Services. All facilities of a grantee in any public street
or in any public or private easement, and cable service lines to subscribers
off the main lines, shall be located underground at such depths and
locations as shall be approved by the Director of City Services, except,
with respect to such cable service lines, where the grantee uses existing
poles with permission from their owner, and where and so long as electric
and telephone lines to the subscribers are overhead. Upon the undergrounding
of the utility lines of the owner using said poles, a grantee shall
concurrently (or earlier) place its facilities underground at depths
and locations approved by the Director of City Services. A grantee
shall comply with City ordinances regarding street openings and shall
comply with Underground Protection of Facilities Act (23 M.R.S.A.
§ 3360-A).
F.
Grantee may be required to move its facilities to accommodate changes
in public improvements. A grantee shall from time to time protect,
support, temporarily dislocate, or temporarily or permanently, as
may be required, remove or relocate, without expense to the City or
any other governmental entity, any facilities installed, used, or
maintained under a franchise, if and when made necessary by any lawful
change of grade, alignment, or width of any public street by the City
or any other governmental entity, or made necessary by any other public
improvement or alteration in, under, on, upon or about any public
street or other public property, whether such public improvement or
alteration is at the instance of the City or another governmental
entity, and whether such improvement or alteration is for a governmental
or proprietary function, or made necessary by traffic conditions,
public safety, street vacation or any other public project or purpose
of the City or any other governmental entity. The decision of the
Director of City Services under this section, absent review by the
City Council, shall be final and binding on a grantee.
G.
Grantee shall obtain prior approval before altering any municipal
facility; alterations to be at cost of the grantee. In connection
with the construction, operation, maintenance, repair, or removal
of the system, a grantee shall, at its own cost and expense, protect
any and all existing structures belonging to the City. A grantee shall
obtain the prior approval of the City, the Augusta Water District
and the Augusta Sanitary District before altering any water main,
sewage or drainage system, or any other municipal structure in any
public way or street, because of the presence of the system in the
public ways or streets. Any such alteration shall be made by a grantee,
at its sole cost and expense, and in a manner reasonably prescribed
by the City, the Augusta Water District and the Augusta Sanitary District.
A grantee shall also be liable, at its own cost and expense, to replace
or repair and restore to as close to its prior condition as is reasonably
possible and in a manner reasonably specified by the City, any public
way, street or any municipal structure involved in the construction
of the system that may become disturbed or damaged as a result of
any work thereon by or on behalf of the grantee pursuant to a franchise
agreement.
H.
Grantee shall temporarily move its wires to permit moving of buildings.
A grantee shall, at the request of any person holding a moving permit
issued by the City, temporarily raise or lower its wires to permit
the moving of buildings. The expense of such temporary removal or
raising or lowering of wires shall be paid to the grantee by the person
requesting the same, and the grantee shall have the authority to require
such payment in advance. A grantee shall be given not less than 48
hours' notice to arrange for such temporary wire changes.
I.
Grantee shall repair and restore damage to City facilities and shall
maintain restoration. In the event that a grantee, during construction,
installation, inspection or repair of its facilities, causes damage
to pavement, sidewalks, driveways, landscaping or other property,
the grantee or the authorized agent shall, at its own expense and
in a manner approved by the City, replace and restore such places
to the same condition which existed before said work was commenced.
The grantee shall further continue to maintain all such restoration
in the condition approved by the City.
J.
Failure by grantee to complete required work in any street can result
in City causing work to be done at expense of grantee. Upon failure
of the grantee to complete any work required by law, or by the provisions
of a franchise, to be done in any street or other public place, within
10 days following due notice and to the satisfaction of the Director
of City Services, the City may, at its option, cause such work to
be done, and a grantee shall pay to the City the cost thereof in the
itemized amounts reported by the Director of City Services to the
grantee within 10 days after receipt of such itemized report; or,
at the City's option, the City may demand of the grantee the estimated
cost of such work as estimated by the Director of City Services, and
such shall be paid by the grantee to the City within 10 days of such
demand; upon award of any contract or contracts for such work, the
grantee shall pay to the City, within 10 days of demand, any additional
amount necessary to provide for the cost of such work. Upon completion
of such work, the grantee shall pay to the City or the City shall
refund to the grantee such sums so that the total received and retained
by City shall equal the cost of such work. "Cost," as used herein,
shall include 15% of other costs for the City's overhead.
K.
City may remove grantee's facilities as may be required during emergencies.
The City reserves the right to remove any portion of a grantee's equipment
and facilities as may be required in any emergency as determined by
the City without liability for interruption of cable service, and
the City shall not be obligated to restore cable service or to pay
the costs of expenses of restoring cable service.
L.
Grantee shall remove system from any public street following termination
or expiration of franchise. In the event that the use of a part of
the cable system is discontinued for any reason for a continuous period
of 12 months, or in the event such cable system or property has been
installed in any street or public place without complying with the
requirements of the franchise, or the franchise has been terminated,
canceled or has expired without renewal, a grantee shall promptly,
at its own expense, and upon being given 10 days' notice from the
Director of City Services, remove from the streets or public places
all such property and poles of such cable system other than any which
the Director of City Services may permit to be abandoned in place.
In the event of such removal, a grantee shall promptly restore the
street or other area from which such property has been removed to
a condition satisfactory to the Director of City Services.
M.
Grantee's property may be considered abandoned 30 days after termination
or expiration of franchise. Any property of a grantee remaining in
place 30 days after the termination or expiration of a franchise shall
be, at the option of the City Council, considered permanently abandoned.
The Director of City Services may extend such time not to exceed an
additional 30 days.
N.
Abandonment in place shall be done at the direction of the Director
of City Services; ownership of property shall be transferred to City.
Any property of a grantee permitted to be abandoned in place shall
be abandoned in such a manner as the Director of City Services shall
prescribe. Upon permanent abandonment of the property of a grantee
in place, the grantee shall submit to the City an instrument in writing,
to be approved by the Corporation Counsel, transferring to the City
the ownership of such property. If such an instrument is not received
within 30 days of the abandonment, the property shall automatically
become that of the City.
A.
Type and scope of system. A grantee shall install and maintain the
system as proposed and agreed upon in the franchise agreement.
B.
Access channels.
(1)
A grantee shall provide and maintain the number and type of access
channels as are set forth in the franchise agreement.
(2)
Formula that triggers additional access channels. If any access channel
is being utilized more than 10 hours per day, five days a week, between
the hours of 6:00 a.m. and 11:00 p.m. for 12 consecutive weeks, a
grantee shall, upon receipt of written notice from City, make an additional
new channel available for the same purpose(s) within 120 days; provided,
however, that nothing in this subsection shall require a grantee to
construct additional channel capacity to the cable system for the
sole purpose of providing additional access channel capacity, nor
shall the grantee be required to make such new channel available if
such utilization of an existing government, education or community
channel consists of more than 10% character-generated programming
during any such consecutive twelve-week period. Such requirement(s)
may be met by making available, on a part-time basis, one or more
other underutilized channels, or on a full- or part-time basis one
or more other unused access channels until such time as such underutilized
or unused access channels are needed for the uses to which they have
been dedicated.
(3)
Underutilized access channels to be used by others under rules established
by City. Whenever any access channel is utilized fewer than four hours
per day for six days per week for a continuous period of not less
than 12 consecutive weeks, the City may permit different or additional
"interim" uses for said channel. The grantee, among others, may be
permitted to utilize unused access channel capacity under rules and
procedures established by the City; however, no access capacity shall
be utilized by the grantee until all other channel capacity on the
cable system has been programmed.
(4)
Restoration of access channels if demand increases. Access channels permitted by the City for "interim" use by a grantee are to be restored to government, education or community use whenever the criteria in Subsection B(2) of this section are exceeded for any one of the existing access channel uses or whenever there is significant, unsatisfied and documented demand for use of access channel capacity.
C.
Supervision and regulation of franchises. The City Manager may do
all things necessary and proper to supervise, inspect, and regulate
the construction and operation of cable television systems franchised
under this Part 4 and implement complaint procedures.
D.
Grantee to maintain an office or service center in City limits. A
grantee shall maintain a business office or service center within
the City limits, which shall be open during the business hours stated
in a franchise agreement, and shall maintain a publicly listed telephone
number with a toll-free number and sufficient lines which shall be
so operated and staffed to respond to customers in at least the following
ways: to accept payments and resolve billing difficulties; to give
out and exchange or accept return converters; to schedule and conduct
service or technician calls; to answer subscriber inquiries; and to
resolve complaints. Subscribers shall be promptly notified of any
change of address of such office or of telephone number(s). The grantee
shall also prepare a promotional notice to familiarize residents with
the location of said office, the services available, and complaint
procedures. This notice is to be given to each new subscriber upon
installation of service and is to be distributed at least once per
year to all subscribers.
E.
Repair and maintenance crew to be maintained that is capable of responding to subscriber complaints. The grantee shall maintain sufficient repair and maintenance crews capable of responding to subscriber complaints or requests for service in accordance with subscriber service standards described in § 190-65.
F.
Outage log to be maintained showing details of service failures.
(1)
A grantee shall maintain an outage log showing the date, approximate
time, location, duration, number of subscribers affected, type and
probable cause of all headend, trunk, or distribution line service
failures due to causes other than routine testing or maintenance at
reasonable times. A copy of such log showing the "availability criteria"
(below) shall be filed with the City Manager on a quarterly basis
and shall be retained by a grantee for a period of three years.
(2)
The grantee will design, procure, install and maintain its equipment
with the objective of meeting a monthly system availability criteria
of 99.5% measured as follows, excluding outages resulting from circumstances
outside the grantee's control such as severe weather, earthquakes,
fires, or downed lines resulting from an accident, etc.:
|
100-0.5
|
Power On - Outage Time
| |
|---|---|---|
|
100
|
Power On
|
G.
Planned service interruption. The need for periodic system service
interruption by the grantee to perform preventive maintenance, system
expansion, and system design upgrading is hereby acknowledged. All
such interruptions shall be planned during station break or minimum
viewing hours. The grantee shall be sensitive to newsworthy events
of general public interest and modify such outage plans to allow maximum
customer reception of the news of these events. In the event of lengthy
service interruption, the grantee shall provide 10 days' prior notice
broadcast over the system and by mail.
H.
City can require testing of system and report on system performance.
When there have been repeated complaints made or when there exists
other evidence which, in the judgment of the City Manager, casts doubt
on the reliability or quality of cable service, the City Council shall
have the right and authority to compel a grantee to test, analyze,
and report on the performance of the cable system. Such report shall
be delivered to the City Manager no later than 14 days after the City
Manager formally notifies the grantee and shall include the following
information:
I.
Required tests may be done by independent professional engineer at
cost of grantee. The City Council may require that tests and analyses
shall be supervised by a qualified engineer selected by the City who
is not on the permanent staff of a grantee. If the tests indicate
nonconformance with any technical standards, said tests shall be paid
for by the grantee within 20 days after the City submits the engineer's
invoice. The aforesaid engineer shall sign all records of the special
tests and forward to the City Manager such records with a report interpreting
the results of the tests and recommending actions to be taken by the
grantee and the City.
J.
Performance evaluation sessions to be held every three years. The
City and each grantee shall hold scheduled performance evaluation
sessions every three years from the effective date of a franchise
and as may be required by federal and state law.
K.
Written report required of grantee; details outlined. Ninety days
prior to each performance evaluation session, the grantee shall submit
to the City Council, or such other entity as may be formed by the
City, a written report, in reasonable detail, covering the significant
events related to the grantee's performance or nonperformance of the
terms and conditions of its franchise agreement during the period
from the submission of the last such report. Such reports shall, if
applicable, cover significant events, including but not limited to
those events related to the following topics:
(1)
Compliance with, and any modification necessary with respect to,
the financial commitments required under the franchise agreement;
(2)
Compliance with requirements regarding system characteristics and
technical performance and testing requirements;
(3)
Compliance with construction terms, standards, and schedules;
(4)
A description of the changes made or contemplated to the mix, level
and quality of programming in the Board categories of video programming
or other services on the system; nothing in this subsection, however,
shall imply any City regulatory authority or power of censorship over
the content of programming on the grantee's channels, the community
and educational access channels or the leased channels;
(5)
The status of the state-of-the-art communications facility technology;
(6)
Compliance with and any modification necessary with respect to the
grantee's privacy protection policies;
(7)
A summary of all significant service interruptions;
(8)
A summary of all significant and representative subscriber and user
complaints and the action taken by the grantee in response thereto;
(9)
A summary of relevant developments in the law and regulatory constraints;
and
(10)
Other events which the grantor or grantee may find significant.
L.
City may request additional information and clarification to determine franchise compliance. Within 60 days after receipt of the grantee's report, the City may request additional reasonable and appropriate information on specified topics, which the grantee shall supply within 60 days of such request. The City may review the grantee's performance to determine whether the grantee has complied with the terms and conditions of the franchise agreement and shall, following completion of any such review, keep the grantee's report on file. Nothing in this section shall affect the City's remedies provided elsewhere in this Part 4.
M.
Special evaluation session possible at any time. Special evaluation
sessions may be held at any time during the term of a franchise at
the request of the City or the grantee for specific issues.
N.
Public notification of sessions. All evaluation sessions shall be
open to the public and announced in a newspaper of general circulation
in accordance with legal notice at least 10 days preceding each session.
A grantee shall notify its subscribers of all evaluation sessions
by:
O.
Discussion topics listed. Topics which may be discussed at any scheduled
or special evaluation session may include, but not be limited to,
service rate structures; franchise fees; liquidated damages; free
or discounted services; application of new technologies; system performance;
services provided; access; programming offered; subscriber complaints;
privacy; judicial and FCC rulings; line extension policies; and grantee
or City rules.
P.
City may issue report on adequacy of system performance and require
improvements where necessary. Within 60 days after the conclusion
of any evaluation session (including the clarification period described),
the City may prepare a report with respect to the adequacy of system
performance and quality of service. If inadequacies are found which
result in a violation of any of the material provisions of this Part
4 or a franchise agreement, the grantee shall have a minimum of 30
days to respond and propose a plan for implementing any improvement
or correction.
Customer service standards shall be detailed in the franchise
agreement and shall conform to the standards established by the Federal
Communications Commission that resulted from the Cable Television
Consumer Protection and Competition Act of 1992 adopted by Congress.
A.
Annual financial reports required.
(1)
At the request of the municipal officers or their designee, the cable
television operator shall file annually with the City the following,
not later than three months after the end of its fiscal year during
which a franchise was accepted and within three months after the end
of each subsequent fiscal year; two copies of such reports shall be
kept confidential to the extent they contain proprietary information:
(a)
An audited financial statement applicable to the cable system
serving the City, including a detailed income and expense statement
applicable to its operation during the preceding twelve-month period,
a balance sheet and a statement of its properties devoted to the cable
system operation, by categories, giving its investment in such properties
on the basis of original cost, less applicable depreciation; and
(b)
An operational report including the following information, specific
to the City: number of homes passed, number of cable plant miles,
number of subscribers for each type of cable service offered, penetration
rates, and the gross revenue from each revenue source attributable
to the operations of the grantee from within the City.
(2)
These reports shall be certified as being correct by a responsible
officer of the company, and there shall be submitted along with them
such other reasonable information as the City shall request.
B.
Quarterly reports on system performance required. At the request
of the municipal officers or their designee, a grantee shall submit
to the City, on a quarterly basis, within 30 days following March
31, June 30, September 30, and December 31 of each year, throughout
the term of an agreement, a reasonable, statistical summary of the
operations of the system. Such information shall include, but not
be limited to: the number of dwelling units passed; the number of
basic service subscribers; penetration rates for basic and enhanced
service; the number of cable plant miles in construction or completed;
a summary of subscriber complaints by type of complaint, showing compliance
data, a summary of system outages and "down time," telephone call
response time, and delayed and abandoned calls; and a service call
summary in compliance with service standards.
C.
Grantee shall annually file, prior to March 31, current maps showing
location of equipment installed. The grantee shall file with the Director
of City Services, on or before the last day in March of each year,
updated as-built current maps or sets of maps drawn to scale, showing
all cable system equipment installed and in place in streets, public
rights-of-way and other public places of the City.
D.
Reports required of compliance and enforcement of customer service
standards. A grantee shall report to the City on a quarterly basis
regarding its compliance with customer service standards. A report
form shall be developed in consultation between the City Manager and
a grantee that will provide the detail necessary to monitor grantee's
compliance with these standards. Upon breach of a grantee's service
standards and failure of a grantee to remedy such breach upon 10 days'
prior written notice from the City, the City may invoke the liquidated
damages provision of the franchise agreement without prejudice to
any other remedy otherwise available to the City. A grantee shall
comply with all procedures established by the City and the grantee
regarding the handling of all complaints received directly by the
City from City residents regarding cable television services.
E.
Ownership reports required. The cable television operator shall file
with the City, not later than three months after the end of each subsequent
fiscal year during which a franchise was accepted and within three
months after the end of each subsequent fiscal year, two copies of
the following supplemental information:
(1)
If a nonprofit corporation, a list of all current directors or trustees
of record. If a public corporation, a list of all shareholders who
individually or as a concerted group hold 10% or more of the voting
stock of the corporation;
(2)
A current list of all the cable television operator's officers and
directors, including addresses;
(3)
Copies of all pertinent agreement or contracts, including pole-use
agreements, entered into by the cable television operator during the
fiscal year in the conduct of its business under a franchise granted;
(4)
The names and both business and residential addresses and phone numbers
of the cable television system resident manager and engineer; and
(5)
If the cable television operator is a subsidiary, a copy of the annual
report of the parent firm.
F.
Public availability of reports. Such reports as required under this
Part 4 must be available to the public in the office of the City Clerk
during normal business hours.
G.
Correspondence. The cable television operator shall simultaneously
file with the City Clerk a copy of each petition, application, report
and communication transmitted by the cable television operator to,
or received by the cable television operator from, any federal, state
or other regulatory commissions, agencies or courts having competent
jurisdiction to regulate and pertaining to the operations of any cable
television system authorized hereafter.
H.
City's access to records. The City shall have access during all normal
business hours, and upon the giving of reasonable notice, to all records
required to maintained according to the franchise. Records of subscriber
lists and statistical data shall be made available to the City, if
not prohibited by federal law, but only upon a showing to the cable
television operator by the City that such records are material to
the City's regulatory program.
[Amended 5-16-1994 by Ord. No. 493]
A.
City reserves right to regulate rates. To the extent provided by
federal, state and court-adopted law, the City reserves the right
to regulate and may regulate a grantee's rates for cable service to
the fullest extent permitted by law.
B.
Current rate schedule to be filed with City; 30 days' notice required
prior to rate change. A grantee, for information purposes, and for
the City to ensure nondiscrimination, shall provide the City with
a complete schedule of all current basic service and enhanced service
rates and charges, including pay TV and pay-per-view rates and charges,
and shall give 30 days' prior notice from the date of mailing to the
City and to all affected subscribers of any pricing changes or additional
charges, excluding temporary marketing and sales discounts or offers.
Forty-five days before any price changes or additional charges are
to take effect, a grantee shall provide the City with a copy of the
proposed notification for subscribers so that the City may review
the notice's text for accuracy.
C.
No charges to be made to subscriber for repair of equipment or service
disconnection. A grantee shall not, except to the extent expressly
permitted by law, impose any fee or charge on any subscriber for:
(1)
Any
service call to said subscriber's premises to perform any repair or
maintenance work related to grantee-owned equipment necessary to receive
service, except any such work which was necessitated by a negligent
or wrongful act of said subscriber; or
(2)
The
disconnection of any services to a subscriber, provided that a grantee
may impose appropriate charges if, at the time of disconnection, some
or all of the grantee's equipment is not returned to the grantee or
the subscriber has not paid all outstanding fees and charges due to
the grantee.
D.
Grantee to furnish service to each person in franchise area making
request for service. A grantee shall furnish and maintain services
to each person within the franchise area who makes a bona fide request
to receive any service that is based upon the requirements of this
Part 4. Nothing in a franchise agreement shall limit the right of
the grantee to deny service to any household or individual which has
a negative credit or service history with the grantee, which may include
nonpayment of bills or theft or damage to the grantee's equipment,
or who has threatened or assaulted employees of the grantee in the
course of their employment. When service is denied, the grantee will
give written notice to the subscriber of his/her right to appeal to
the City the grantee's decision to deny service, and of the City's
right to reverse the grantee's decision in instances where the grantee
has acted unreasonably.
E.
Basic service charges must be applied on nondiscriminatory basis.
All charges for basic service must be applied on a nondiscriminatory
basis. A grantee may, however, conduct promotional campaigns in which
rates are discounted or waived, and may offer bulk rate discounts
for multiple-unit dwellings, hotels, motels, and similar institutions.
The franchise renewal process of the City of Augusta shall be
in accordance with § 626 (47 U.S.C. § 546) of
the Communications Act of 1934, as amended, and with all other applicable
state and federal laws.
A.
Grantee required to file an irrevocable letter of credit. Within
30 days after the effective date of a franchise, a grantee shall deposit
with the City an irrevocable letter of credit in the amount set forth
in the franchise agreement and issued by a local federally insured
commercial lending institution that has been approved by the City.
The form and substance of said letter of credit shall be subject to
the approval of the Corporation Counsel. The letter of credit shall
be used to assure: the faithful performance by the grantee of all
provisions of the franchise agreement and the cable ordinance; compliance
with all orders, permits and directions of any agency, commission,
board, department, division or office of the City having jurisdiction
over the grantee's acts or defaults under a cable television franchise
and the cable ordinance; and the payment by the grantee of any penalties,
liquidated damages, claims, liens, franchise fees, taxes or other
fees due to the City which arise by reason of the construction, operation
or maintenance of the cable system, including cost of removal or abandonment
of any property of the grantee.
B.
Letter of credit may be drawn upon by City Manager after following
specified procedure that assures due process to grantee. The letter
of credit may be drawn upon by the City by presentation of a draft
to the lending institution, accompanied by a written certificate signed
by the City Manager certifying that the grantee has failed to comply
with the franchise agreement and/or this cable ordinance, stating
the nature of the noncompliance, and stating the amount being drawn.
(1)
Examples of the nature of the noncompliance for drawing upon the
letter of credit include, but are not limited to, the following:
(a)
Failure of the grantee to pay to the City any franchise fees,
taxes, liens or other fees after 10 days' written notice of delinquency.
(b)
Failure of the grantee to pay to the City, after 10 days' written notice, any amounts due and owing the City by reason of the indemnity provisions of § 190-61.
(c)
Failure of the grantee to pay to the City any liquidated damages
due and owing to the City pursuant to a franchise agreement.
(d)
Failure to make any payment required by an agreement within
the time fixed therein.
(e)
Failure to pay to the City, within 10 working days after receipt
of written notice from the City, any damages, claims, costs or expenses
which the City has been compelled to pay or incur by the reason of
any material act or default by the grantee.
(f)
Failure to comply, within 10 working days after receipt of written
notice from the City, with any material provisions of an agreement
or cable ordinance which the City reasonably determines can be remedied
by an expenditure of an amount from the letter or other instrument.
(2)
In the event of such noncompliance, the City may order the withdrawal
of the amount thereof from the letter or other instrument for payment
to the City, provided that, prior to each such withdrawal:
(a)
The grantee shall be afforded an opportunity to cure any of said
failures within 30 days after written notice from the City that the
withdrawal is to be made; or
(b)
If such cure cannot be reasonably accomplished within such 30 days,
then the grantee shall have a reasonable time to cure, provided that
the grantee commences such cure within such 30 days and diligently
pursues such cure to completion.
C.
Letter of credit shall be replenished to original amount following
any drawdown. A grantee shall structure the letter of credit in such
a manner that if the City at any time draws upon the letter of credit,
the amount of available credit shall automatically increase to the
extent necessary to replenish that portion of the available credit
exhausted by the honoring of the City's draft. The intent of this
subsection is to make available to the City at all times a letter
of credit in the amount specified in the franchise agreement.
D.
City's rights with respect to letter of credit are in addition to
other rights. The rights reserved to the City with respect to the
letter of credit are in addition to all other rights of the City,
whether reserved by a franchise agreement or authorized by law, and
no action or proceeding against a letter of credit shall affect any
other right the City may have.
A.
Parties shall agree to specific liquidated damages to be paid by
grantee for certain delays or nonperformance. Upon preparation and
acceptance of a franchise agreement, a grantee shall indicate it understands
and agrees with the City that failure to comply with any time and
performance requirements as stipulated in the agreement will result
in damage to the City, and that it is and will be impracticable to
determine the actual amount of such damage in the event of delay or
nonperformance; therefore, the parties shall negotiate the type and
amount of liquidated damages to be specified in a franchise, but without
prejudice to any other remedies available to the parties thereto.
B.
Procedures established to assure grantee of due process and opportunity to cure problem before damages assessed. If the City Manager, following prior reasonable notice to a grantee to cure any problem that might result in liquidated damages, concludes that a grantee is in fact liable for liquidated damages pursuant to this section, he/she shall issue to the grantee by registered mail a notice of intention to assess liquidated damages. The notice shall set forth the basis of the assessment, and shall inform the grantee that liquidated damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the City Council and the City Council rules: (a) that the violation has been corrected, or (b) that an extension of the time or other relief should be granted. If the grantee desires a hearing before the City Council, it shall send a written notice of appeal by certified mail to the City Manager within 10 days of the date on which the City sent the notice of intention to assess liquidated damages. After the hearing, if the City Council sustains in whole or in part the City Manager's assessment of liquidated damages, the City Manager may at any time thereafter draw upon the letter of credit required by § 190-69. Unless the City Council indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the City sent the notice of intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the City Manager.
A.
Franchise may be terminated for material breach of terms and conditions;
examples given. In addition to all other rights and powers retained
by the City, the City reserves the right to terminate a franchise
and all rights and privileges of the grantee in the event of a material
breach of its terms and conditions. Material provisions shall include
all labeled as such and all others which, under all the facts and
circumstances indicated, are a significant provision of the franchise
agreement or this cable ordinance. A material breach by a grantee
shall include, but shall not be limited to, the following:
(1)
Violation of any material provision of the cable ordinance or franchise
agreement or any material rule, order, regulation or determination
of the City made pursuant to a franchise.
(2)
Attempt to evade any material provision of the cable ordinance or
a franchise or practice any fraud or deceit upon the City or its subscriber
or subscribers.
(3)
Failure to begin or complete cable system construction, reconstruction
or cable system extension as provided under a franchise agreement.
(4)
Failure to provide the broad categories of programming and cable
services enumerated in the franchise agreement.
(5)
Failure to maintain insurance, bonds and letters of credit required
by City.
(6)
Failure to restore cable service after 48 consecutive hours of interrupted
cable service, except when there is just cause and when approval of
such interruption is obtained from the City.
(7)
Material misrepresentation of any fact in the application for or
negotiation of a franchise.
(8)
Substantial failure to provide the financial information required
by the cable ordinance and/or agreement.
(9)
Substantial failure to satisfy the requirements regarding system
characteristics or repeated failure to meet the technical performance
standards specified in an agreement.
(10)
Abandonment of the system, in whole or in material part, without
the prior written consent of the City.
(11)
Substantial and repeated failure to comply with the leased access
requirements of § 612 (47 U.S.C. § 532), Title
VI, of the Communications Act of 1934.
(12)
Substantial failure to supply the access channels and other
support and any related services, equipment and facilities as required
in an agreement.
(13)
Repeated imposition of any fee, charge, deposit, or associated
term or condition for any service which is not consistent with the
provisions of an agreement, or of which there has repeatedly and unjustifiably
been no notification to the City.
(14)
Substantial and repeated failure to comply with the consumer
service standards and requirements set forth in the cable ordinance
and agreement.
(15)
The taking of any material action which requires the approval
or consent of the City without having first obtained said approval
or consent, as provided in the agreement.
(16)
Any material written misrepresentation, intentionally made by
or on behalf of a grantee in its proposal to obtain a franchise, or
in connection with the negotiation or renegotiation of, or any amendment
or other modification to, a franchise agreement, to the extent that
any such misrepresentation was relied upon by the City.
(17)
The grantee's becoming insolvent, unable or unwilling to pay
its debts, or upon listing of an order for relief in favor of the
grantee in a bankruptcy proceeding.
B.
Violations that occur which are not the fault of grantee shall not
constitute a material breach. The foregoing shall not constitute a
material breach if the violation occurs but is without fault of a
grantee or occurs as result of circumstance beyond its control. A
grantee shall not be excused by mere economic hardship nor any misfeasance
or malfeasance of its shareholders, partners, directors, officers,
or employees.
C.
Procedures outlined leading to possible termination of franchise.
The City may make a written demand that a grantee comply with any
provision, rule, order or determination under or pursuant to the cable
ordinance or a franchise agreement. If the violation, breach, failure,
refusal or neglect by a grantee continues for a period of 30 days
following such written demand without written proof that the corrective
action has been taken or is being actively and expeditiously pursued,
the City may place the issue of termination of a franchise before
the City Council. The City shall cause to be serviced upon the grantee,
at least 20 days prior to the day of such City Council meeting, a
written notice of intent to request such termination and the time
and place of the meeting. Public notice shall be given of the meeting
and the issue which the City Council is to consider.
D.
City Council shall hear and consider issues and determine if a violation
has occurred. The City Council shall hear and consider the issue and
shall hear any person interested therein, and shall determine, at
its discretion, whether or not any violation by a grantee has occurred.
E.
City Council may declare franchise terminated if compliance does
not occur within specified period. If the City Council shall determine
the violation by a grantee was the fault of the grantee and within
its control, the City Council may, by resolution, declare that the
franchise of the grantee be terminated, unless there is compliance
within such period as the City Council may fix.
A.
Any franchise granted shall, at the option of City, cease and terminate
120 days after the appointment of a receiver or receivers or trustee
or trustees to take over and conduct the business of the grantee whether
in a receivership, reorganization, bankruptcy, or other action or
proceeding unless such receivership or trusteeship shall have been
vacated prior to the expiration of said 120 days, or unless:
(1)
Such receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and provisions
of this Part 4 and a franchise granted pursuant hereto, and the receivers
or trustees, within said 120 days, shall have remedied all defaults
under the franchise; and
(2)
Such receivers or trustees shall have, within 120 days, executed
an agreement duly approved by the court having jurisdiction on the
premises, whereby such receivers or trustees assume and agree to be
bound by each and every term, provision, and limitation of the franchise
agreement.
B.
In the case of a foreclosure or other involuntary sale of the plant,
property, and equipment of a grantee, or any part thereof, the City
may serve notice of termination upon the grantee and to the purchaser
at such sale, in which event the franchise and rights and privileges
of the grantee shall cease and terminate 30 days after service of
such notice unless:
A.
Any provision of this Part 4 may be waived, at the sole discretion
of the City, by resolution of the City Council.
B.
A grantee may submit a written request for a waiver to the City Council
at any time during the franchise term. Such request for waiver, at
the sole discretion of the City Council, may be set for a public hearing,
and a decision shall be made within 120 days following the submission.
Procedures for the modification of franchise obligations shall be
in compliance with § 625 (47 U.S.C. § 545), Title
VI, of the Communication Act of 1934.
C.
The City Council may authorize the economic, technical, or legal
evaluation of such waiver request, and the grantee shall be required
to reimburse the City for any expenditure incurred by the City in
connection with such evaluation.
D.
This section is enacted solely for the convenience and benefit of
the grantor and shall not be construed in such a manner as to create
any right or entitlement for the grantee.
Whenever a franchise or contract shall set forth any time for
an act to be performed by or on behalf of the grantee, such time shall
be deemed to be of the essence, and any failure of the grantee to
perform within the time allotted shall always be sufficient grounds
for the City to invoke liquidated damages or initiate procedures leading
toward the revocation of a franchise.
A.
Every direction, notice or order by the City to be served upon a
grantee shall be delivered or sent by registered mail to the office
responsible for the local cable system. Every notice served upon the
City shall be delivered or sent by registered mail to the City Clerk,
City of Augusta, Maine.
B.
All provisions of this Part 4 shall apply to a grantee, its successors,
and assignees, as may be approved by City Council in accordance with
this Part 4.
C.
The rights granted by this Part 4 are subject to all franchises and
permits heretofore or hereafter granted by the Council to use the
streets of the City by other public utility or public service corporations.
It is not intended by the grant of a franchise to abridge the exercise
of the police power heretofore or hereafter granted to the City by
the state. The grant of a franchise is subject to all ordinances and
resolutions of, or agreements adopted by, the City Council as the
same now exist or may be hereafter amended, revised or codified, in
the lawful exercise of any other power granted to the City.
D.
Specific mention of the materiality of any of the provisions herein
is not intended to be exclusive of any others for the purpose of determining
whether any failure of compliance hereunder is material and substantial.
E.
If any particular section of this Part 4, or the particular application thereof, shall be held invalid, the remaining provisions, and their application, shall not be affected thereby.
F.
A grantee, upon its acceptance of a franchise, shall be bound by
the provisions of this Part 4, all responses, statements, and all
matters agreed upon in a franchise agreement.
G.
A grantee shall assume the cost of any publications required by law
and such is payable upon a grantee's filing of acceptance of a franchise.
H.
In the event that any provision of the Cable Act of 1984 or 1992
or other statute, law or regulation, which is relied on herein or
in any agreement for any definition or requirement, is repealed, then
the language of such provision at the time of such repeal shall nevertheless
continue to apply for purposes of this Part 4 or any agreement, regardless
of such repeal, except as otherwise provided herein or in any agreement
or as prohibited by such subsequent repeal or amendment.
I.
The rights and remedies of the parties pursuant to an agreement are
cumulative, except as otherwise provided in an agreement, and shall
be in addition to and not in derogation of any other rights or remedies
which the parties may have with respect to the subject matter of an
agreement. A waiver of any right or remedy by a party at one time
shall not affect the exercise of said right or remedy or any other
right or other remedy by such party at any other time. The failure
of the City to take any action in the event of a material breach by
the grantee shall not be construed or otherwise be deemed to constitute
a waiver of the right of the City to take such action at any other
time in the event that said material breach has not been cured, or
with respect to any other material breach by the grantee.
J.
In the event that, after the effective date of any agreement, any
court, agency, commission, legislative body, or other authority of
competent jurisdiction: (i) declares an agreement invalid, in whole
or in part, or (ii) requires the grantee either to: (a) perform any
act which is inconsistent with any provision of an agreement or (b)
cease performing any act required by any provision of an agreement,
the City shall reasonably determine whether said declaration or requirement
has a material and adverse effect on the agreement. When the grantee
intends to exercise its rights pursuant to such declaration, the grantee
shall so notify the City of said declaration or requirement. If the
City determines that said declaration or requirement does have a material
and adverse effect on an agreement, the grantee shall then enter into
good-faith negotiations with the City to amend the agreement to eliminate
any inconsistency or conflict between said declaration or requirement
and the provisions of the agreement and to meet the original intent
of the parties as the circumstances warrant and unless prohibited
by law.
K.
The headings contained in this Part 4 and any agreement are to facilitate
reference only, do not form a part of this Part 4 or an agreement,
and shall not in any way affect the construction or interpretation
hereof.
This Part 4 shall become effective 30 days from and after its
passage (March 7, 1994).
[Added 2-5-1996 by Ord.
No. 342; amended 2-20-2007 by Ord. No. 031; 3-19-2007 by Ord. No. 051; 11-15-2012 by Ord. No. 12-172]
A.
Established. There is hereby established a Strategic Communications
Committee, which shall be responsible to the Mayor and Council for
overseeing the performance of the City's cable television franchise
under the franchise currently in effect, and for the establishment
and operation of the education and government channels provided for
under that franchise. The Committee shall also advise the Mayor and
Council with respect to such other telecommunications issues as wireless
and broadband internet access, cable, traditional and cellular telephones,
satellite communications, and the various social media such as Facebook
and Twitter, as requested of it by the City Council.
B.
Number and qualifications. The Committee shall consist of seven members,
who shall be appointed by the Mayor with the advice and consent of
the Council, and one of whom shall be a member of the Augusta School
Board and one a member of the Council. All members of the Committee
shall be residents of the City of Augusta. The Director of Community
Services, or designee, and the Augusta Public Schools Business Manager,
or designee, shall be ex officio members, without vote. All Committee
members shall serve without compensation.
C.
Terms. Members shall be appointed for three-year terms, with two
members appointed each year; and during one year three members shall
be appointed to retain the seven-person Committee. Members may serve
multiple terms.
D.
Officers and their terms. The Mayor shall appoint a member to serve
as the Committee Chair, with the advice and consent of the Council.
The Chair shall preside at all Committee meetings. The term of the
Chair shall be coterminous with the term of the Chair as a member.
The Chair may resign as Chair without resigning as a member, in which
case the Mayor shall promptly nominate another member to serve as
Chair. The Committee may establish other offices, prescribe the duties
and establish the terms of those offices, and choose from among its
members those who shall serve as those other officers. Officers need
not be sworn as such. In the absence of any officer, a member may
be chosen to serve pro tempore.
E.
Meetings. The Committee shall meet not fewer than four times in any
twelve-month period and may at any meeting establish the date of its
next meeting. The Chair, at the Chair's discretion, may call a meeting
of the Committee, and not less than 1/3 of the members, acting together,
may call special meetings; in either case, notice by mail or telephone
shall be given to all Committee members. At any meeting, a quorum
of the Committee shall consist of a minimum of four members.
F.
Bylaws. The Committee may by majority vote of those present at any
meeting adopt and amend bylaws governing the conduct of its meetings
and establishing additional offices. The Committee may provide by
bylaw for forfeiture of membership and of any office held, for cause
defined in those bylaws, and may establish such subcommittees and
advisory committees as it may desire.
G.
Policies and procedures. The Committee shall, after notice and public
hearing, and after an opportunity for the public to submit written
comments, adopt policies and procedures governing the education and
government channels authorized under the current cable TV franchise
agreement. The policies and procedures shall become effective upon
approval by the Council.
H.
Duties and powers. The Committee shall have all powers necessary
to the implementation of its duties.
I.
Franchisee's funding of education and government channels. Franchise
funds paid to the City of Augusta by its cable television franchisee
to further the development and operation of the education and government
channels, to the extent appropriated by the City Council, shall be
disbursed in accordance with established municipal procedures.
J.
Reports required. The Committee, through its Chair, shall submit
to the Mayor and Council, with a copy to the City Manager, a written
report of its activity, together with any recommendations it believes
appropriate, not less than once in every six months after its establishment.
Minority reports may be submitted together with the Committee's reports.
K.
Separate fund established. The Committee shall have the authority
to receive monies from the operation of the City's education and government
channels and from grants and contributions. The Committee shall determine
a schedule for any fees to be charged in the use of these channels.
The revenues from all sources of income related to operation of these
channels shall be deposited with the City Treasurer in a separate
fund, to be designated the "Cable TV Fund."
L.
Budget; expenditures. The Committee shall prepare annually a budget
to meet the financial needs for operation of the City's cable TV channels,
to be submitted to the Council for approval. Revenues, to include
funds from the Cable TV Fund as recommended by the Committee, will
be expended for general operation, improvement and maintenance of
equipment and facilities, and the development and delivery of cable
TV programming on the City's education and government channels. Unexpended
funds in the Cable TV Fund shall not lapse at fiscal year end, but
shall be carried forward from year to year.
M.
Cooperation. All municipal departments and agencies shall cooperate
and assist the Committee, subject to operational and other priorities
and the availability of funds, in the performance of its duties. The
City Manager or the Manager's designee may coordinate any cooperative
overtures or efforts. Specifically, the Director of Community Services,
or designee, shall assist the Committee in the preparation of the
Committee's budget, the reporting of its financial and other activity
to the City Council, the general oversight of the receipt and expenditure
of Committee funds, and the discharge of the Committee's responsibilities.
