The following words, terms and phrases, when used in this Part 1, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act of 1992, P.L. 102-385, and
as may be amended from time to time.[1]
Those channels engineered at the head end of the cable system
for the provision of services generally available to residential subscribers
of the cable system, regardless of whether such services actually
are provided, including any channel designated for public, educational,
or governmental use.
When used in relation to any person, means another person
who owns or controls, is owned or controlled by, or is under common
ownership or control with such person.
All equipment and services subject to regulation pursuant to 47 CFR 76.923, being § 32-23.
Basic service. The basic service tier shall, at a minimum,
include all signals of domestic television broadcast stations provided
to any subscriber (except a signal secondarily transmitted by satellite
carrier beyond the local service area of such station, regardless
of how such signal is ultimately received by the cable system), any
public, educational, and governmental programming required by the
franchise to be carried on the basic tier, and any additional video
programming signals a service added to the basic tier by the cable
operator.
A portion of the electromagnetic frequency spectrum used
in a cable system and capable of delivering a television channel.
Any person or group of persons who provides cable service
over a cable system and directly or through one or more affiliates
owns a significant interest in such cable system, or who otherwise
controls or is responsible for, through any arrangement, the management
and operation of such a cable system.
Any video programming provided over a cable system, regardless
of service tier, including installation or rental of equipment used
for the receipt of such video programming, other than:
The one-way transmission to subscribers of video programming,
or other programming service and subscriber interaction, if any, required
for the selection of such video programming or other programming service.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service, which includes video programming
and which is provided to multiple subscribers within a community;
but such term does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility or facilities uses any public right-of-way;
A facility of a common carrier subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as
amended,[2] except that such facility shall be considered a cable
system to the extent such facility is used in the transmission of
video programming directly to subscribers; or
Any facility of any electric utility used solely for operating
its electric utility systems.
With respect to any requirement applicable to a cable operator,
means that it is commercially impracticable for the cable operator
to comply with such requirement as a result of a change in conditions
that is beyond the control of the cable operator and the nonoccurrence
of which was a basic assumption on which the requirement was based.
The provision of video programming, whether or not for profit.
Any agency of the United States, including the Federal Communications
Commission, Washington, D.C.
An initial authorization or renewal issued by a franchising
authority, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of a cable system.
The date of the expiration of the term of the franchise as
provided under the franchise agreement.
The fee to be paid by a cable operator pursuant to § 32-20 and includes any tax, fee or assessment of any kind imposed by the Township on a cable operator or cable subscriber, or both, solely because of their status as such. The term does not include:
Any tax, fee or assessment of general applicability (including
any such tax, fee or assessment imposed on both utilities and cable
operators or their services but not including a tax, fee or assessment
that is unduly discriminatory against cable operators or cable subscribers);
Capital costs required by the franchise to be incurred by the
cable operator for public, educational or governmental access facilities;
Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties or liquidated damages;
Any fee imposed under U.S.C. Title 17.
Any governmental entity empowered by federal, state or local
law to grant a franchise.
Unless otherwise provided by federal or state law, means
the total revenues received by the cable operator from all cable services
in the Township being subject to this Part 1 and includes all forms
of consideration such as initial lump sum payments or connection charges,
advertising and security services.
An increase in rates or a decrease in programming or customer
services.
A communication network constructed or operated by the cable
operator and generally available only to subscribers who are not residential
subscribers.
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, normal business hours must
include some evening hours at least one night per week and/or some
weekend hours.
Those service conditions within the control of the cable
operator. Those conditions that are not within the control of the
cable operator include but are not limited to natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions that are ordinarily
within the control of the cable operator include but are not limited
to special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
Information that a cable operator makes available to all
subscribers generally.
Channel capacity designated for public, educational or governmental
use and facilities and equipment for the use of such capacity.
The loss of picture or sound on one or more cable channels.
A category of cable service or other services provided by
a cable operator and for which a separate rate is charged by the cable
operator.
A cable television system that serves fewer than 1,000 subscribers.
The service area of a small system shall be determined by the number
of subscribers that are served by a system's principal head end,
including any other head ends or microwave receiving sites that are
technically integrated to the system's principal head end.
The State of Michigan or political subdivision or agency
of the state.
Streets, avenues, highways, boulevards, concourses, driveways,
bridges, tunnels, parks, parkways, waterways, alleys, all other public
rights-of-way, and public grounds or waters within or belonging to
the Township being subject to this Part 1.
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
A.
Township's authority. The Township Board of Trustees may establish requirements in a franchise agreement with respect to the designation or use of channel capacity for public, educational or governmental use to the extent provided in this section. The Township Board of Trustees may request as part of the cable operator's initial proposal for a franchise and may require as part of a cable operator's proposal for a franchise renewal, subject to § 32-16, that channel capacity be designated for public, educational or governmental use and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this subsection.
B.
Enforcement. The Township may enforce any requirement in this Part 1, or franchise granted pursuant to this Part 1, regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise agreement for services, facilities or equipment proposed by the cable operator that relate to public, educational or governmental use of channel capacity, whether or not required by the Township pursuant to Subsection A of this section.
C.
Rules and procedures. In the case of any franchise agreement under which channel capacity is designated under Subsection A, the Township shall prescribe rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and rules and procedures under which such permitted use shall cease.
D.
Editorial control. Subject to § 32-4, a cable operator shall not exercise any editorial control over any public, educational or governmental use of channel capacity provided pursuant to this section.
E.
Public service installations. The cable operator shall without charge
for installation, maintenance or service make single installations
of its standard community antenna service facilities at each fire
and police station, the Township hall, public school and public library,
provided it is not more than 200 feet from the service facilities
of the cable system.
A.
Township's authority to regulate. The Township may not regulate the services, facilities and equipment provided by a cable operator except to the extent consistent with federal and state law. To the extent related to the establishment or operation of a cable system in the cable operator's proposal for a franchise, the Township may establish requirements for facilities and equipment, but may not establish requirements for video programming or other information services; and, subject to § 32-18, may enforce any requirements contained within the franchise for facilities and equipment, and for broad categories of video programming or other services.
B.
Diversity of information services. The Township Board of Trustees,
to the extent provided by federal and state law, shall assure that
cable communications provide and are encouraged to provide the widest
possible diversity of information sources and services to the public
in a manner consistent with the growth and development of cable systems.
C.
Cable channels for commercial use. A cable operator shall designate
channel capacity for commercial use by persons unaffiliated with the
operator in accordance with the following requirements:
(1)
For 36 — 54 channels. An operator of any cable system with
36 or more (but not more than 54) activated channels shall designate
10% of such channels that are not otherwise required for use (or the
use of which is not prohibited) by federal law or regulation.
(2)
For 55 — 100 channels. An operator of any cable system with
55 or more (but not more than 100) activated channels shall designate
15% of such channels that are not otherwise required for use (or the
use of which is not prohibited) by federal law or regulation.
(3)
For 101 or more channels. An operator of any cable system with more
than 100 activated channels shall designate 15% of all such channels.
(4)
For 35 or fewer channels. An operator of any cable system with fewer
than 36 activated channels shall not be required to designate channel
capacity for commercial use by persons unaffiliated with the operator.
(6)
Channel capacity; designation. The cable operator may not be required to designate channel capacity for any use (other than commercial use by unaffiliated persons under this section) except as provided in § 32-2; but a cable operator may offer in a franchise agreement or proposal for renewal to provide, consistent with applicable law, such capacity for other than commercial use by such persons.
(7)
Unused channel capacity. A cable operator may use any unused channel
capacity designated pursuant to this section until the use of such
channel capacity is obtained, pursuant to a written agreement, by
a person unaffiliated with the operator.
(8)
Public, educational, governmental channel designation. Any channel
capacity that has been designated for public, educational or governmental
use may not be considered as designated under this section for commercial
use for purposes of this section.
D.
Obscene or indecent programming.
(1)
Regulation authorized. Nothing in this Part 1 shall be construed
as prohibiting the Township Board of Trustees and a cable operator
from specifying, in a franchise agreement or renewal, that certain
cable service shall not be provided or shall be provided subject to
conditions if such cable service is obscene or is in conflict with
community standards in that it is lewd, lascivious, filthy or indecent
or is otherwise unprotected by the Constitution of the United States.
(2)
Device; to prohibit viewing. In order to restrict the viewing of
programming that is obscene or indecent, upon the request of a subscriber
a cable operator shall provide (by sale or lease) a device by which
the subscriber can prohibit viewing of a particular cable service
during periods selected by that subscriber.
E.
Number of channels. The cable system shall be capable of being upgraded
to two-way service by installing equipment allowing the transmission
of at least 30 channels.
A.
Color, stereo TV signals. The facilities used by the cable operator
shall be capable of distributing color and stereo TV signals. All
signals received by the cable operator in color and/or stereo shall
be transmitted to the subscribers in color and/or stereo.
B.
Quality of reception. The cable operator shall produce a picture,
whether in black and white or in color, that is undistorted, free
from ghost images, and accompanied with proper sound on typical standard
production television sets in good repair and as good as the state
of the art allows, and shall transmit signals of adequate strength
to produce good pictures with good sound at all outlets without causing
cross-modulation in the cables or interfering with other electrical
or electronic systems. For purposes of this section, the standards
to be applied in determining whether or not the cable operator is
producing a good picture or transmitting signals of adequate strength
to produce same are those acceptable standards as set forth in the
rules and regulations of the FCC relative to community antenna television
systems.
C.
Subscription demonstrations. The cable operator shall demonstrate
by instruments and otherwise to subscribers, upon request, that a
signal of adequate strength and quality is being delivered. Such demonstration
shall be made by taking a standard production television set with
a screen of sufficient area as to clearly demonstrate the relative
merit of the received signal.
D.
FCC requirements. The cable operator shall comply with all rules
and regulations of the FCC with respect to the receptions, carriage
and distribution of signals.
Use of the public rights-of-way within the Township by any telecommunication provider shall comply with Article III, Public Rights-of-Way, of Chapter 28 of the Pittsfield Charter Township Code.
A.
Construction and installation of system. Subject to the provisions
and restrictions of the franchise, this Part 1, and federal and state
law, the cable operator shall have the right to construct, erect,
operate and maintain in, upon, along, across, above, over and under
the streets, alleys, public ways and public places now laid out or
dedicated, and all their extensions and additions in the Township,
poles, wires, cables, underground conduits, manholes, and other conductors
and fixtures necessary for the maintenance and operation of a CATV
system in the Township; and to lease, rent or in any other lawful
manner obtain the use of towers, poles, lines, cables, and other equipment
and facilities from any and all holders of public licenses and franchises
within the limits of the Township, including but not limited to Detroit
Edison Company and Michigan Bell Telephone Company, and to use such
facilities on such terms as agreed upon subject to all existing and
future ordinances of the Township. The poles used for the cable operator's
distribution system shall be those erected and maintained by Detroit
Edison Company and/or Michigan Bell Telephone Company when and where
applicable, providing mutually satisfactory rental arrangements can
be entered into with those companies.
B.
Erection, removal and common use of poles. No poles or other wire-holding
structures shall be erected by the cable operator without prior approval
of the Township with regard to location, height, type and other pertinent
aspect. However, no location of any pole or wire-holding structure
of the cable operator shall be a vested interest, and such pole and
structure shall be removed or modified by the cable operator at its
expense whenever the Township determines that the public convenience
would be enhanced thereby. Where poles or other wire-holding structures
already in existence for the use in serving the Township are available
for use by the cable operator but it does not make arrangements for
such use, the Township may require the cable operator to use such
poles and structures if the Township determines that the public convenience
would be enhanced thereby and the terms of the use available to the
operator are just and reasonable. Where the Township or a public utility
serving the Township desires to make use of the poles or other wire-holding
structures of the cable operator but agreement with the cable operator
cannot be reached, the Township may require the cable operator to
permit such use for such consideration and upon such terms as the
Township Board of Trustees shall determine to be just and reasonable
if the Township Board of Trustees determines that the use would enhance
the public convenience and would not unduly interfere with the cable
operator's operation.
C.
Underground locations. In those areas of the Township where transmission
or distribution facilities of both the current public utility providing
telephone service and the utility providing electric service are underground,
the cable operator shall likewise construct, operate and maintain
all of its transmission and distribution facilities underground to
the maximum extent that then existing technology permits, and in conformance
with the then existing National Electrical Safety Code, the Bureau
of Standards Handbook and Telephone Systems Practices governing joint
attachments and practices, as well as in conformance with all applicable
state and local ordinances and codes. If and when necessary, amplifiers
and/or transformers in the cable operator's transmission and
distribution lines may be located in housings upon the surface of
the ground. The housings and the location and construction of all
work required by or pursuant to this Part 1 shall be approved in advance
by the Township.
D.
Construction; Township approval. Prior to the commencement of construction,
the cable operator shall obtain the Township's approval, which
shall not be unreasonably withheld. The cable operator where practicable
shall utilize existing poles in the Township. It is the stated intention
of the Township that all holders of public franchises and rights within
the corporate limits of the Township will cooperate with the cable
operator's usage of their poles and pole line facilities whenever
possible so that the number of new or additional pole line facilities
installed within the Township may be minimized.
A.
Effective, prompt service. The cable operator shall render effective
service, make repairs promptly and interrupt service only for good
cause and for the shortest time possible. Such interruptions, insofar
as is possible, shall be preceded by notice and shall occur during
periods of minimum use of the system.
B.
Business office, telephone. The cable operator shall maintain an
office in the county, which shall be open all usual business hours,
have a listed local phone or toll-free number and be so operated that
complaints and requests for repair or adjustments may be received
at any time, 24 hours each day.
C.
Repairs. The cable operator shall possess and maintain personnel
and equipment necessary to respond in an effective and timely manner
to repairs and maintenance caused by naturally occurring phenomena.
A.
Minimum standards. Nothing in this section shall be construed to prevent or prohibit the Township and a cable operator from agreeing to customer service requirements that exceed the standards set forth in § 32-6. To the extent that preexisting customer service requirements in a franchise in effect on the effective date of this section are not addressed or exceed the standards set forth in § 32-6, those standards set forth in the franchise shall remain in full force and effect until the end of the franchise term.
B.
Notification requirement; effective date of standards. The Township Clerk shall, upon adoption of this section, provide affected cable operators written notice by registered mail, return receipt requested, that the Township intends to enforce the standards set forth in § 32-6, of this Code, 90 days after delivery of the notice to the cable operator.
C.
Standards. A cable operator shall be subject to the following customer
service standards:
(1)
Cable system office hours and telephone availability.
(a)
The cable operator will maintain a local, toll-free or collect
call telephone access line, which will be available to its subscribers
24 hours a day, seven days a week.
[1]
Trained company representatives will be available to respond
to customer telephone inquiries during normal business hours.
[2]
After normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be responded
to by a trained company representative on the next business day.
(b)
Under normal operating conditions, telephone answer time by
a customer representative, including wait time, shall not exceed 30
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed 30 seconds. These standards shall be
met no less than 90% of the time under normal operating conditions
measured on a quarterly basis.
(c)
The operator will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards
above unless an historical record of complaints indicates a clear
failure to comply.
(d)
Under normal operating conditions, the customer will receive
a busy signal less than 3% of the time.
(e)
Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently located.
(2)
Installations, outages and service calls. Under normal operating
conditions, each of the following standards will be met no less than
95% of the time measured on a quarterly basis:
(a)
Standard installations will be performed within seven business
days after an order has been placed. "Standard" installations are
those that are located up to 125 feet from the existing distribution
system.
(b)
Excluding conditions beyond the control of the operator, the
cable operator will begin working on service interruptions promptly
and in no event later than 24 hours after the interruption becomes
known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem.
(c)
The appointment window alternatives for installations, service
calls and other installation activities will be either a specific
time or, at maximum, a four-hour time block during normal business
hours. (The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.)
(d)
An operator may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled appointment.
(e)
If a cable operator representative is going to be late for an
appointment with a customer and will not be able to keep the appointment
as scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time convenient for the customer.
(3)
Communications between cable operators and cable subscribers.
(a)
Notifications to subscribers.
[1]
The cable operator shall provide written information on each
of the following areas at the time of installation of service, at
least annually, to all subscribers and at any time upon request:
[a]
Products and services offered;
[b]
Prices and options for programming services and conditions of
subscription to programming and other services;
[c]
Installation and service maintenance policies;
[d]
Instructions on how to use the cable service;
[e]
Channel positions for programming carried on the system; and
[f]
Billing and complaint procedures including the address and telephone
number of the local franchise authority's cable office.
[2]
Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers 30 days in advance of any significant changes in the other information required by Subsection C(3)(a)[1].
(b)
Billing.
[1]
Bills will be clear, concise and understandable. Bills must
be fully itemized, with itemizations including but not limited to
basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
[2]
In case of a billing dispute, the cable operator must respond
to a written complaint from a subscriber within 30 days.
(d)
Credits. Credits for service will be issued no later than the
customer's next billing cycle following the determination that
a credit is warranted.
(4)
Resolution of complaints. Subscribers of the CATV system prior to
referring their complaint to the FCC about the quality of the television
signal delivered must first refer the complaint to the Township and
the cable system operator. Cable system operators shall establish
a process for resolving complaints from subscribers about the quality
of the television signal delivered. These records shall be maintained
for at least a one-year period. Aggregate data based upon these complaints
shall be made available for inspection by the FCC and franchising
authorities, upon request. Subscribers shall be advised, at least
once each calendar year, of the procedures for resolution of complaints
by the cable system.
The Township, in accordance with federal and state law, may
establish or enforce any requirement respecting equal employment opportunity,
including any requirement that affords equal employment opportunity
protection for employees, and may establish, enforce or encourage
any cable operator to conduct business with enterprises owned or controlled
by members of minority groups or have their principal operators located
in the Township.
A.
Insurance. The cable operator shall, at all times during the term
of a franchise granted pursuant to this Part 1, carry and require
their contractors to carry:
(1)
Insurance. Insurance in such forms and with such companies as shall
be approved by the Township, such approval not to be unreasonably
withheld, to protect the Township and cable operator from and against
any and all claims of injury or damage to persons or property, both
real and personal, caused by the construction, erection, operation
or maintenance of any structure, equipment, or appliance. The amount
of such insurance shall not be less than $500,000 for any one person
and $1,000,000 for any one accident for injury or death to persons
and $250,000 for damages to property.
(2)
Workers' compensation insurance. Coverage by workers' compensation
insurance as required by the laws of the state.
(3)
Automobile insurance. Automobile insurance with limits of not less
than $500,000/$1,000,000 of public liability coverage and automobile
property damage insurance with a limit of not less than $350,000 covering
all automotive equipment.
(4)
Notice of policy cancellation. All insurance policies shall provide
a thirty-day notice to the Township Clerk in the event of material
alteration or cancellation of any coverage afforded in the policies
prior to the date the material alteration or cancellation shall become
effective.
(5)
Filing of policy copies with Township Clerk. Copies of all policies
required under this section shall be furnished to and filed by the
Township Clerk prior to the commencement of the franchise agreement
or the expiration of prior policies, as the case may be.
B.
Indemnification. The cable operator shall indemnify, defend and hold
the Township absolutely harmless from any and all liability arising
out of a franchise granted, renewed or transferred in accordance with
this Part 1. Such indemnification shall include but not be limited
to any damages, penalties or other claims resulting from the acts
or omissions the cable operator, its assigns, employees, agents, invitees
or other persons and shall include but not be limited to damages to
person or property arising out of the construction, maintenance or
operation of the cable system, libel or slander, infringement of civil
rights, patents, trademarks, trade names or copyrights. The cable
operator shall reimburse the Township for its actual expenses incurred
to defend against any such action, to include but not be limited to
attorney's fees, expert witness fees, discovery expenses, court
fees, damages, penalties and interest, and expense incurred on appeal.
C.
Review/modification of coverage. The Township Board of Trustees shall annually review the insurance provided for in this section; and if in the reasonable determination of the Board the insurance coverage is inadequate or in any manner insufficient to cover the cable operator's or the Township's liability, the Board shall so notify the cable operator and the cable operator shall provide such additional or further coverage within 30 days of the date the notice is mailed. The failure or neglect of the cable operator to provide such further or additional coverage shall be cause to revoke the franchise in accordance with § 32-19.
D.
Construction bond.
(1)
Unless otherwise provided in the franchise agreement, subject to
the terms of a franchise agreement granted pursuant to this Part 1,
the cable operator shall, concurrently with its acceptance of the
franchise, file with the Township Clerk and at all times thereafter
maintain in full force and effect until terminated, at the cable operator's
sole expense, a corporate surety bond or, at the option of the Township,
an irrevocable bank letter of credit in the amount of $175,000 conditioned
upon the cable operator finally completing the construction and activation
of the cable television system pursuant to the franchise and particularly
in conformance with a provision in the franchise respecting construction
schedule. If the cable operator shall fail to so complete the construction
and activation, the surety shall have the right and opportunity of
diligently completing such construction and activation, and failing
to do so the Township at its option shall have the right to complete
such construction, or any portion of the construction, and the surety
shall be liable to the Township, not to exceed the amount of the bond,
for the reasonable cost incurred.
(2)
Any extension of the time limits must be authorized by the Township
Board of Trustees and only when the Township Board of Trustees determines
such extension is necessary and appropriate due to causes beyond the
control of the cable operator.
(3)
The construction bond shall be terminated only after the Township
Board of Trustees finds that the cable operator has finally completed
the construction and activation of the cable television system.
(4)
The rights reserved to the Township with respect to the construction
bond are in addition to all other rights of the Township that have
been reserved by this Part 1, or authorized by law; and no action,
proceeding or exercise of right with respect to such construction
bond shall affect any other right the Township may have.
(5)
The bond shall be in such form and with such sureties as are acceptable
to the Township Clerk.
E.
Removal of CATV systems; bond. At the expiration of the term of a
franchise granted pursuant to this Part 1 or upon the termination
and cancellation as provided in this Part 1, the Township shall have
the right to require the cable operator to remove at its own expense
any and all visible portions of the CATV system from the public ways
within the Township. Upon acceptance of the franchise, the cable operator
shall furnish bond or, at the option of the Township, other satisfactory
evidence of security in the amount of $10,000 to guarantee the payment
of charges for work performed in the removal of the cable system upon
termination of the franchise by any provision of this Part 1.
A.
Inspection of records. The Township or its authorized designee shall
have full and complete access to the cable operator's records
and books relating to the cable system and such other cable systems
which transmit from the head ends that transmit to the Township, or
such cable systems that have access to the public, educational or
governmental channels utilized by the Township. Such records shall
include the cable operator's plans, contracts, engineering, accounting,
financial, statistical, customer and service records, reports to stockholders,
affiliates, partners and owners of the cable systems, agreements and
franchises with other franchising authorities having access to the
public, educational or governmental channels utilized by the Township
or transmitting from the head ends that transmits to the Township.
Such inspections shall be conducted at the business office of the
cable operator during business hours or at such other place and time
as is mutually agreed to by the Township and cable operator. The Township
shall have the right to audit any and all amounts paid pursuant to
this Part 1 or a franchise granted pursuant to this Part 1.
B.
Periodic reports. Within 30 days from the end of the preceding month,
the cable operator shall submit a weekly subscriber report, together
with either:
(1)
A balance sheet of the cable system current as of the end of the
preceding thirty-day period, a statement of the cable system's
profits and losses for such period, a statement of sources of revenue
and expenses for such period; or
(2)
A revenue summary by type with the franchise fee calculations.
C.
Annual financial reports. The cable operator shall file annually
with the Township Clerk not later than 90 days after the end of the
cable operator's fiscal year a copy of any reports to its stockholders
or partners, a copy of its state annual report, an income statement
applicable to the operations during the preceding twelve-month period,
a balance sheet, and a statement of its properties devoted to CATV
operations, by categories, giving its investment in such properties
on the basis of original cost less applicable depreciation. These
reports shall be prepared or approved by a certified public accountant,
and there shall be submitted along with them such other reasonable
information as the Township shall request with respect to the cable
operator's properties and expenses related to its CATV operations
within the Township.
D.
Filing and communications with regulatory agencies. Upon request
of the Township, the grantee shall provide, in whole or in part as
requested by the Township, copies of all petitions, applications and
communications submitted to the FCC, Security and Exchange Commission,
any other federal, state or local regulatory commission or agency
having jurisdiction in respect to any matter affecting CATV operations
authorized pursuant to this Part 1, or franchising authority having
access to the public, educational or governmental access channels
being utilized by the Township.
E.
Fixtures, subscribers. The cable operator shall, on or before April
1 of each year, file with the Township Clerk true and accurate maps
or plats, showing the location of all existing and proposed installations,
which shall include all receiving and transmitting stations, all trunk
lines, whether leased or owned outright, and feed lines, whether leased
or owned outright.
F.
Additional information. The Township Board of Trustees or the administration official, as provided in § 32-15, may request information from the cable operator respecting any matter relevant to the franchise, to include without limitation information relevant to gross revenue and governmental or subscriber complaints. Within 30 days of mailing such request, the cable operator shall furnish to the Township the information so requested.
A.
Franchise subject to police power. The cable operator shall, at all times during the period of a franchise granted under this Part 1, be subject to all lawful exercise of the police power of the Township and to such reasonable regulations as the Township shall provide. Such regulations may include prohibiting the cable operator's use of the Township streets or alleys for the installation of additional poles or underground cable, and may include regulations requiring, pursuant to § 32-5, the transmission systems to be installed and maintained underground. The police power may be exercised through amendment of this Part 1 as well as through enactment of separate ordinances and regulations. Unless provided for in a franchise granted pursuant to this Part 1, such amendments, enactments and regulations may be adopted without consultation with the cable operator.
B.
Police or fire alarm system. The Township shall have the right to
install and maintain free of charge upon the poles and cables of the
cable operator any wire and pole fixtures necessary for a police or
fire alarm system, on the condition that such wire or pole fixtures
do not interfere with the cable communications operations of the cable
operator and that such installations shall be installed in a safe
manner in conformance with state and Township regulations.
C.
Supervision, inspection. The Township shall have the right to supervise
all construction or installation work performed subject to the provisions
of the franchise and make such inspections as it shall find necessary
to ensure compliance with the terms of the franchise and all other
pertinent provisions of law. At the expiration of the franchise or
upon its termination or cancellation, as provided for in this Part
1, the Township shall have the right to require the cable operator
to remove at its own expense all portions of the cable communications
system from all public streets, alleys, ways and areas within the
Township.
A.
Sale or repair of TV or radio sets; inspection of subscribers' sets. Neither the cable operator nor any shareholder or owner of the cable operator shall engage in the business of selling, repairing or installing privately owned television receivers, radio receivers or accessories for such receivers within the Township during the term of a franchise granted pursuant to this Part 1; and the cable operator shall not allow any of its shareholders or owners to so engage in any such business except upon application to and approval by the Township; however, nothing in this section shall be deemed to prohibit a cable operator, at a subscriber's request and without payment, from examining and adjusting a subscriber's receiver set to determine whether reception difficulties originate in the set or in the cable operator's cable television system.
B.
Time of the essence in franchise. The cable operator shall not be
relieved of its obligation to comply promptly with any of the provisions
of this Part 1 or franchise granted pursuant to this Part 1 by any
failure of the Township to enforce prompt compliance.
C.
Recourse of cable operator against Township. The cable operator shall
have no recourse whatsoever against the Township or its officers,
boards, commissions, agents or employees for any loss, cost, expense
or damage arising out of any provisions or requirement of this Part
1 or because of its enforcement.
D.
Emergency use of facilities. In the case of emergency or disaster,
the cable operator shall, upon request of the Township or its designated
agent, make available its facilities to the Township for emergency
use for the duration of such emergency or disaster. The cable system
will be engineered to provide an audio alert system. This cable system
would allow certain authorized officials to automatically override
the audio signal of all channels and transmit emergency information.
In the event of any such use by the Township, the Township will hold
harmless and indemnify the cable operator from any damages or penalties
resulting from the use of this service.
E.
Township right to intervention. A cable operator who is granted a
franchise pursuant to this Part 1 agrees to not oppose intervention
by the Township in any suit or proceeding to which the cable operator
is a party.
F.
Township enforcement expense. A cable operator who is granted a franchise pursuant to this Part 1 agrees to pay to the Township its actual cost incurred to enforce the provisions of this Part 1, to include without limitation proceedings pursuant to § 32-19, or the terms of a franchise agreement granted pursuant to this Part 1. Such costs shall include but not be limited to: filing fees, discovery expenses, expert witness fees, attorney's fees, and expenses incurred to enforce a judgment or incurred during appeal.
This Part 1 is granted subject to the right of the Township or the cable operator to renegotiate the terms of the franchise at any time after the effective date of the franchise agreement upon 30 days' notice to the cable operator if federal or state regulations alter the fees, service, conditions or standards upon which the CATV system is to operate. Nothing contained in this section shall be construed to prohibit the Township from exercising its right to modify this agreement unilaterally in the absence of notice from the cable operator that renegotiation is desired.
