[HISTORY: Adopted by the Township Board of the Charter Township of Huron 12-4-1985 by Ord. No. 85-9 (Part 24 of the 1995 Compilation of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Cable television rates — See Ch. 186.
This chapter shall be known as the "Charter Township of Huron Cable Communications Ordinance" and may be cited as such, and will be referred to herein as "this cable communications ordinance."
The purpose of this cable communications ordinance is to provide fair regulation of cable communications service in the Charter Township of Huron in the interest of the public; to promote and encourage adequate, economical and efficient cable communications service to the residents of the Township; to promote and to encourage harmony between cable communications companies and their subscribers and to provide for the furnishing of cable communications service to the residents of the Township without unjust discrimination, undue preferences or advantages.
The following words, when used in this cable communications ordinance, shall have the following meanings, unless otherwise clearly apparent from the context:
BOARD
The Township Board of the Township of Huron or its designee.
CABLE COMMUNICATIONS COMPANY
A. 
Any person who owns, controls, operates or manages a cable communications system for the purpose of providing cable communications service to members of the public located in the Township; except that such definition shall not include:
(1) 
A telephone, telegraph, or electric utility in a case where it merely leases or rents to a cable communications company utility pole contact space for the placing thereon of wire or cable facilities used in the distribution of television or other signals to the subscribers of such cable communications company; or
(2) 
A telephone or telegraph utility regulated by the Michigan Public Service Commission or Federal Communications Commission in a case where it merely provides communication channel service under published tariffs to a cable communications company for the distribution of television signals to the subscribers of such company.
B. 
When and in the event that the grantee of any franchise granted hereunder uses in his cable television system distribution channels furnished to the grantee by a telephone company pursuant to tariff or contract on file with a regulatory body having jurisdiction and said grantee makes no use of the streets independent of such telephone company-furnished facilities, said grantee shall be required to comply with all of the provisions hereof as a "licensee," and in such event, whenever the term "grantee" is used herein, it shall be deemed to mean and include "licensee."
CABLE COMMUNICATIONS SERVICE
The business, in whole or in part, of receiving directly or indirectly over the air, and amplifying or otherwise modifying signals transmitting programs broadcast by one or more signals, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals off the air and redistributing such signals by wire, cable or other means to members of the public located in the Township who pay for such services.
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, CABLE TELEVISION SYSTEM, CATV, or SYSTEM
A system of coaxial cables or other conductors, antennae, transmitters, fixtures, converters, distribution network, studios and other equipment used or to be used to originate or receive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals off the air.
PERSON
Includes one or more individuals, firms, corporations, associations, partnerships or organizations of any kind, and any combination thereof.
A. 
No person shall construct, install, maintain or operate a cable communications system in the Township nor shall any person provide a cable communications company in the Township without such person having first obtained a franchise therefor from the Township in the form of a franchise agreement between the Township and the franchisee, which franchise agreement shall include, at a minimum, compliance with the specifications of this chapter.
B. 
No person shall use, occupy or traverse the streets, alleys, lanes, avenues, boulevards, sidewalks, bridges, viaducts, rights-of-way or any other public place or public way in the Township or any extensions thereof or additions thereto, whether on, above, or under the surface of the ground, for the purposes of installing, constructing, maintaining or operating a cable communications system or facility therefor or for the purpose of furnishing a cable communications service without such person having first obtained a franchise therefor from the Township in the form of a franchise agreement between the Township and the franchisee, which franchise agreement shall include, at a minimum, compliance with all specifications of this chapter.
C. 
The specifications required by this chapter are minimum requirements of a franchise agreement. Additional requirements including, but not limited to, rates, charges, deposits, specifications regarding required interconnections, studios or other signal originations facilities, number of channels by the Township, schools, and other educational institutions, quality of community access, availability of equipment to users, required establishment and expansion of service area, other use of channels and other specifications or requirements of a cable communications franchise or system may be established in the franchise agreement.
A. 
The application for such franchise to install, construct, maintain or operate a cable communications system in the Township or to furnish a cable communications service therein shall be made in writing to the Board in such form as may be prescribed; shall include a description and map of the territory within the Township in which the cable communications system is to be installed, constructed, maintained or operated or cable communications service is to be provided; shall be accompanied by a showing of the applicant's legal, financial, technical and other qualifications to be a franchisee hereunder; shall contain:
(1) 
In establishing legal qualifications, if other than a single individual, a certified copy of the partnership agreement, articles of association, or Articles of Incorporation, as the case may be, and also, if a foreign corporation, a certified copy of its authorization to do business in the State of Michigan;
(2) 
In establishing financial qualifications, a copy of applicant's current balance sheet as of a date not more than 60 days prior to the date of the application shall be furnished; if a loan or other credit arrangement is to be consummated to finance the establishment and operation of the proposed facilities, full particulars relative thereto shall be disclosed, including the identity of the creditor;
(3) 
In establishing technical qualifications, a statement of the arrangements to ensure the rendition of good service, including the type and kind of facilities to be employed, the technical standards to be followed, the maintenance and repair facilities to be used, the number of copies of any contracts, agreements or arrangements relating to any of the above;
(4) 
A statement as to the location of any places of business in the Township;
(5) 
A statement as to any affiliated corporations or business organizations engaged in providing cable communications service, or interlocking directorships or ownerships held by any owners, officers or directors of applicant with any other business engaged in providing cable communications service;
(6) 
A detailed statement as to the arrangements and timetable by which applicant proposed to construct its cable communications facilities and system including detailed description of portions of the Township to be served by the system within one year, 18 months, two years, 30 months and three years of the granting of a certificate of compliance by the Federal Communications Commission;
(7) 
The applicant shall furnish information as to the programming services and public services which it proposes to provide:
(a) 
The off-air signals to be carried initially;
(b) 
The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interests;
(c) 
Projected development of customer and community services, indicating priorities in development, and estimated time schedules therefor.
(8) 
Cost estimates of development, installation and maintenance of system, which items shall be deemed to include, but not limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested;
(9) 
Revenue forecasts for the next five years of service;
(10) 
A proposed schedule of rates for installation charges, monthly service fees and relocation charges;
(11) 
Such other information as the Township may request.
(12) 
The application shall be accompanied by a fee of $1,000, which fee shall be refunded if applicant is not granted a franchise.
B. 
Upon the filing of such an application and the payment of the fee as prescribed, the Board shall consider the application and may request such additional information as it may deem necessary to establish the legal, financial, technical and other qualifications of the applicant to provide a cable communications service in the Township.
C. 
If the Board determines that the applicant possesses the necessary qualifications, legal, financial, technical and otherwise, to reasonably assure applicant's ability to satisfactorily install, construct, maintain or operate a cable communications system or to furnish a cable communications service to the public in the Township, the Board may issue applicant a nonexclusive franchise therefor, provided that no franchise shall be issued:
(1) 
Until the franchise application has been on file and available for public inspection in the office of the Township Clerk for at least 30 days; and
(2) 
Until the Board has, thereafter, held a public hearing on such application after due notice of the time and place of such hearing has been given the public.
D. 
In determining whether such a franchise shall be issued, the Board shall take into consideration, among other things, the technical qualifications of the applicant; the financial responsibility of the applicant; the ability of applicant to perform efficiently the service for which the franchise is requested, including the prior experience, if any, of the applicant in providing cable communications systems or furnishing cable communications service; the proposed rate schedule; the nature and scope of the applicant's proposed system; and the timetables for development of applicant's proposed system.
E. 
No franchise granted hereunder may be sold, transferred or assigned unless such transaction is first approved by the Board after receipt of a written application therefor containing the same information as to transferee as would be required of an original applicant. Prior approval of the Board shall be required where ownership or control of more than 25% of the right of control of franchisee is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of such right of control, singularly or collectively. No franchise granted hereunder may be sold, transferred or assigned nor may more than 25% of the right of control of franchisee be transferred to a person or group of persons acting in concert, none of whom already own or control 25% or more of such right of control, singularly or collectively, until such sale, transfer or assignment of franchise or transfer of right of control shall first have been offered to the Township or to a person approved by the Township Board. Such offer shall be made at a price not greater than, and on terms equivalent to, that made to the offeror by a bona fide bidder for such franchise or right of control. The Township or the person approved by the Township Board shall accept or reject the offer within 90 days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee.
Any franchise issued pursuant to this cable communications ordinance shall be a nonexclusive franchise for a term of years, not to exceed 15 years, as the Board may approve, and shall be issued in such form as shall be determined by the Board.
[Amended 8-14-1991 by Ord. No. 91-4]
A. 
During the term of any franchise granted pursuant to this cable communications ordinance, the person granted such franchise shall pay to the Township, for the use of its streets, public places, and other facilities, as well as the maintenance, improvements, and supervision thereof, and for the regulation activities required by virtue of the franchise, an annual franchise fee in an amount equal to 5% of the annual local gross subscriber revenues. Local gross subscriber revenues are those gross revenues of the franchisee from subscribers within the Township. To the extent that franchisee's books of account do not reflect the source of any gross subscriber revenue, that portion of gross subscriber revenue allocable to the Township shall be based on the ratio of the number of subscribers in the Township to the number of subscribers outside the Township. Sales tax or other taxes levied directly on a per-subscription basis and collected by franchisee shall be deducted from the local gross revenues before computation of the fee due the Township. The Township shall be furnished a statement with each payment, certified as correct by the franchisee, and an annual statement for the entire year, prepared by a certified public accountant. All statements shall reflect the total amount of local gross subscriber revenues and the above charges, deductions and computations for the period covered by the statement. In addition to other required fees payable to the Township by the franchisee, the Township may require, within the franchise agreement, the payment by franchisee of certain fees or grant funds to the Township for the purpose of encouraging the full development and use of Township-dedicated PEG access channels and access programming. Such other funds, as may be required by the Township, shall be utilized for purposes consistent with local, state, and federal law and shall not be considered as franchise fees.
B. 
Such franchise fee shall be paid annually during the existence of the franchise on or before a date 30 days subsequent to each anniversary date of said franchise at the office of the Treasurer of the Township during regular business hours. If the Township Treasurer's office is closed on said 30th day, then payment may be made during regular business hours on the next following day on which the office is open for business.
C. 
The Township shall have the right to inspect at all reasonable times the customer records of any person granted a franchise hereunder from which its franchise fee payments are computed and shall have the right of audit and recomputation of any and all franchise fees paid. No acceptance of any payment shall be construed as a release or as satisfaction of any claim the Township may have for further or additional sums payable as a franchise fee under this cable communications ordinance or for the performance of any other obligation hereunder.
A. 
A franchise granted pursuant to this cable communications ordinance shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above and across the streets, avenues, highways, sidewalks, bridges and other public ways, easements, and rights-of-way, as existing as of the date of the grant of said franchise and all subsequent extensions thereof and additions thereto, in and belonging to the Township, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes, and other television and/or radio conductors, equipment and fixtures for the installation, construction, maintenance and operation of a cable communications system (including audio, video and radio signals) or the furnishing of a cable communications service.
B. 
The poles used by grantee's transmission and distribution system, wires and appurtenances shall be located, erected and maintained on existing utility facilities where possible.
C. 
Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes, or fixtures for use in connection with the installation, construction, maintenance or operation of a cable communications system under a franchise granted pursuant to this cable communications ordinance, the grantee of a franchise hereunder desiring to erect or install such facilities for use in connection with its cable communications system shall first submit to the Township Engineer for his review and approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of such facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole, or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the Township Engineer; provided, further, that such approval shall not be unreasonably withheld.
D. 
Any person accepting a franchise pursuant to this cable communications ordinance and erecting or installing towers or poles shall, upon written request by the Township, grant the Township reasonable attachment space or spaces upon such towers or poles without a rental charge for the attachment of wire or cable owned and used by the Township; provided, however, that the Township shall pay any costs incurred by such person in providing attachment space or spaces to said Township, including all necessary costs or rearrangement of such person's wires, cables or equipment and tower or pole replacement cost for a larger tower or pole, if required.
E. 
Upon the expiration, termination or revocation of any franchise granted pursuant to this cable communications ordinance, or should any person wish otherwise to dispose of any tower or pole erected or installed for use in connection with the cable communications system or any portion of said system, the Township retains the first right and option to purchase in place such towers or poles as it may require or such portion of the system for the fair market value thereof. The Township shall be under no obligation to purchase all or any part of the system upon expiration, termination or revocation for cause of any franchise granted pursuant to this cable communications ordinance. Further, upon the expiration, termination or revocation for cause of any franchise granted pursuant to this cable communications ordinance, should the Township determine that it does not desire to purchase the system or any part thereof, the franchisee shall have a period of six months from the date of expiration, termination or revocation to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places. Provided, however, that franchisee shall not disturb any underground conduits, manholes or other facilities constructed underground. At the expiration of such six-month period, any property not removed by franchisee shall become the property of the Township to do with as it may choose. Any cost to the Township in removing said property from the streets, alleys, public rights-of-way or public places shall be claimed against franchisee under the performance bond required under § 182-12A of this chapter.
F. 
In areas or portions of the Township where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this cable communications ordinance shall likewise install, construct, maintain and operate its transmission and distribution facilities in like manner underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the Township Engineer as hereinbefore provided in Subsection C of this section.
G. 
All construction, installation, maintenance and operation of any cable communications system or of any facilities employed in connection therewith shall be in compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, and applicable regulations of public utilities operating in the Township of Huron. Every cable communications system installed, constructed, maintained or operated in the Township shall be so designed, constructed, installed, maintained and operated as not to endanger or interfere with the safety of persons or property in the Township.
H. 
Any person owning or maintaining a cable communications system or facilities therefor in or on the streets, alleys, public rights-of-way or public places in the Township shall, at its expense and without reimbursement from the Township, upon request of the Township, protect, support, temporarily disconnect, relocate or remove from the street, alley, public right-of-way or public place any property of such person when required by reason of street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, the construction or change of the transmission or distribution facilities of any telephone or electric public utility or other public improvements. Any such person shall also, at the request of any private party holding an appropriate permit issued by the Township, temporarily raise or lower its cable communications transmission or distribution wires or cables to permit the moving of any building or other structure, provided that the actual expense of such temporary raising or lowering shall be paid in full by the party requesting the same. The Township, or any other nonprofit organization, including historical societies, shall be exempt from any charges.
I. 
Any cable communications company granted a franchise pursuant to this cable communications ordinance shall, after giving notice to the Township, have the authority to trim trees upon and hanging over public ways and places in the Township, so as to prevent the branches of such trees from coming in contact with the wires and cables of said system.
J. 
If any person shall fail to commence, pursue or complete any work required by law or by the provisions of the cable communications ordinance as hereinbefore set forth to be done in any street, alley, public right-of-way or public place as designated by the Township Engineer, the Township Engineer may cause such work to be done and such person shall pay to the Township the cost thereof within 30 days of the receipt of an itemized statement of such costs.
[Amended 8-14-1991 by Ord. No. 91-4]
A. 
Any cable communications company granted a franchise pursuant to this cable communications ordinance shall install, construct, maintain and operate its cable communications system in accordance with the accepted standards of the industry, in conformity with the state of the art and any standards of operation or maintenance for a cable communications system which may be established or issued by the Federal Communications Commission. Further, it is the intention of the Board that any person granted a franchise to furnish a cable communications service to the public within the Township shall possess the financial and technical qualifications necessary to provide a cable communications system which will assure its subscribers high quality technical and public service.
B. 
Every cable communications systems that is granted a new or renewal franchise under the cable communications ordinance after July 10, 1991, shall have at least 450 MHz of bandwidth (the equivalent of 60 television broadcast channels) available for potential use for the totality of cable services to be offered. The system shall possess the capability for the reception and distribution of worldwide radio signals.
C. 
Every cable communications system franchised under this cable communications ordinance shall maintain bidirectional signal capability for digital, audio and video signal transmission on all elements of the system. The extent to which the reverse capability is available to subscriber use shall be specified in the franchise agreement.
D. 
Every cable communications system franchised under this cable communications ordinance shall maintain and make available without charge at least one specifically designated, noncommercial, educational and government access channel on request from any educational or governmental agency. In addition, the company will provide, upon request, free installation and service to each governmental agency, police station, fire station, and school in the service area.
E. 
Every cable communications system franchised under this cable communications ordinance shall maintain such capacity, capability and technical standards as will enable it to interconnect with any other cable communications system located in any adjacent community. It is the intention of the Board to require that all access channels in the Detroit metropolitan area be interconnected to the cable communications franchised under this cable communications ordinance.
A. 
No cable communications company shall make any unjust or unreasonable discrimination in rates, charges, classifications, promotions, practices, regulations, facilities or services for or in connection with like services, nor subject any person to any prejudice or disadvantage in any respect whatsoever; provided, however, that this shall not be deemed to prohibit the establishment of a graded scale of charges and classification of rates to which any subscriber coming within such classification shall be entitled.
B. 
No rate or charge for installation of basic cable communications service provided in the Township shall be effective, nor shall any cable communications company advertise, collect, or receive any rate or charge for its services, until it shall have filed a complete schedule of rates and charges with the Clerk of the Township and until such rates and charges shall have been approved by the Township Board. The charges made for services of the franchisee hereunder shall be fair and reasonable and no higher than necessary to meet all costs of the service (assuming efficient and economical management) and provide a fair return to the franchisee. The franchisee shall receive no consideration whatsoever for its service, other than in accordance with this section of the franchise agreement, without approval of the Board. The applicant for a franchise shall include in its application its proposed rates, charges and deposits.
C. 
Unless otherwise permitted by Federal Communications Commission rule or regulation, no cable communications company may increase any rate or charge for cable communication service, or alter any classification, contract, rule, regulation, or practice as to result in any increase in its schedule of rates or charges for such service without the prior approval of such increased rate or charge or alteration in its classification, contract, rule, regulation or practice by the Township Board after public hearing thereon. Such public hearing shall be noticed at least 10 days in advance in a newspaper of general circulation in the Township. At said public hearing, the cable communications company shall set forth in detail the basis for its requested increase in rates or charges for service or alteration in its classification, contract, rule, regulation or practice, including the reasonableness and lawfulness thereof. In the determination of just, reasonable and lawful rates and charges, the Board shall consider and give due weight to all lawful elements properly to be considered, including expenses, a reasonable return on the cost of the property used in the service, depreciation, obsolescence, taxes, risks of the business and value of service to the customer. The Board shall render its decision within 90 days of the date of such request, unless franchisee shall stipulate in writing to an extension of the ninety-day period.
A. 
Every cable communications company furnishing service within the Township shall, without charge for installation or service, provide one installation of its cable communications service to each department of the Township and each fire and police station in the Township and shall, without charge, provide cable communications service to each primary school, secondary and public library within the franchisee's current service area; provided, that such services provided without charge shall not be included in determining the number of subscribers in service for computation of the franchise fee as hereinbefore provided.
B. 
Every cable communications company providing service within the Township shall make its cable system available, without charge, to the Township, the County of Wayne, the State of Michigan, the United States of America and/or emergency operations agencies for the prompt and simultaneous communications to subscribers and the public within the Township of any information resulting from or required by war, threat of war, natural catastrophe, riot or insurrection necessary to save or protect life or property.
[Amended 8-14-1991 by Ord. No. 91-4]
A. 
Every cable communications company shall, within 30 days of the grant of a franchise to it pursuant to this cable communications ordinance, file with the Township Clerk, and at all times thereafter maintain in full force and effect for the term of the franchise, at its expense, a corporate surety bond, an unconditional, irrevocable letter of credit, or such other surety arrangement as the Board may approve, in the amount of $10,000, conditioned upon the faithful performance by such cable communications company of its obligations under its franchise as herein set forth, and upon the further condition that if such cable communications company shall fail to comply with any provision of this cable communications ordinance, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the Township as a result thereof, including the full amount of any compensation, indemnification, or cost of removal of any property of such cable communications company as provided in this cable communications ordinance plus attorney's fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of any franchise granted under this cable communications ordinance and any renewal thereof and thereafter until such cable communications company has liquidated all of its obligations with the Township which may have arisen under the franchise or from the exercise of any privilege or right granted thereby. Any bond provided under this section shall provide that at least 30 days' prior notice of any intention not to renew, to cancel or to make a material change therein and shall be filed with the Township Clerk. Nothing herein shall be construed to excuse faithful performance by any cable communications company or in any way to limit its liability or damages or otherwise.
B. 
Any cable communications company within 30 days of the grant of a franchise pursuant to this cable communications ordinance shall file with the Township Clerk, in addition to the bond as hereinbefore set forth:
(1) 
An indemnity agreement to indemnify, defend and save the Township harmless from and against any or all claims, suits, actions or liability for damages which may arise in any way from the grant of a franchise to such cable communications company, or its operation thereunder in the Township, including all expenses incurred by the Township in defending itself against any claim, action or suit;
(2) 
Proof of a general comprehensive liability insurance policy and an automobile liability insurance policy issued by companies licensed to do business in Michigan, protecting the Township, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage occasioned by the installation, construction, maintenance or operation of a cable communications system in the Township with minimum liability limits of $500,000 for personal injury or death of any one person and $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $500,000 for damages to property resulting from any one occurrence and said policy shall contain a provision that a written notice of cancellation or material change or reduction in coverage shall be given the Township Clerk at least 30 days in advance of the effective date thereof; and
(3) 
Proof of adequate insurance as required by the Michigan Workmen's Compensation law applicable to it.
C. 
No franchise hereunder shall be effective until the provision of Subsections A and B of this section have been fully complied with and failure to file with the Township Clerk within 30 days after grant of a franchise, the bond, indemnity agreement, proof of general comprehensive liability insurance policy, proof of automobile liability insurance policy and proof of adequate workmen's compensation insurance, or any of them as required by Subsections A and B of this section shall render the franchise null and void without notice or further proceedings.
D. 
If the cable communications company that is granted a new or renewal franchise after July 10, 1991, should commit a breach of this chapter or of its franchise agreement and not remedy such breach within 60 days after having received written notice from the Township to do so, then the Township, at its discretion, may declare a portion of the bond equivalent to the amount of damages sustained by the Township directly attributable to such breach forfeited, and the company shall thereupon be required:
(1) 
To remedy the breach with reasonable dispatch; and
(2) 
Within 60 days of such forfeiture, replace the forfeited portion of the bond.
A. 
Any franchise granted pursuant to this cable communications ordinance shall expire without further proceedings one year after its effective date in the event the person granted such franchise has not commenced construction of a cable communications system within such period.
B. 
If any person granted a franchise pursuant to this cable communications ordinance shall fail to provide cable communications service within and throughout the franchise areas as required under the terms of its franchise agreement, said franchise shall, on the anniversary of the effective date of such franchise next following the twelve-month period during which cable communications service has not been extended as required under the terms of the franchise agreement, be deemed revoked without the necessity of Board action, unless prior to said date, such person shall have applied to the Board and the Board shall have, for good cause shown, granted an extension of the construction or service periods set forth in the franchise agreement.
C. 
Any franchise granted pursuant to this cable communications ordinance shall be terminated and cancelled without further proceedings 120 days after the appointment of a receiver or trustee to take over and conduct the business of a cable communications company, whether in receivership, reorganization, bankruptcy or other action or proceedings unless such receivership or trusteeship shall have been vacated prior to the expiration of such period; provided, however, that such receiver or trustee may apply for a transfer or assignment of such franchise, as hereinbefore provided in § 182-5E hereof, within 60 days of the appointment of such receiver or trustee, if duly approved by the court having jurisdiction in the premises; and provided further, in case of a foreclosure or other judicial sale of the plant, property or facilities of a cable communications company with or without the appointment of a receiver or trustee, including or excluding the franchise granted under this cable communications ordinance, such franchise as granted will be terminated and cancelled without further proceedings upon 30 days' written notice of termination served upon the cable communications company and the purchaser shall apply to the Township for a transfer or assignment to it of the same as hereinbefore provided in § 182-5E hereof.
D. 
Any franchise granted pursuant to this cable communications ordinance is revocable at will by the Board prior to its expiration; provided, however, that the franchise may be submitted to the electors of the Township pursuant to 1909 PA 266.[1] In the event that the franchise is confirmed by said electors, the franchise shall not be revocable at will by the Township Board prior to its expiration, but said franchise shall be terminable for cause as provided hereinafter. In the event that the electors shall not confirm the franchise, the franchise shall be deemed to be void as of the date granted. Any franchise granted pursuant to this cable communications ordinance is revocable for cause by the Board prior to its expiration where the cable communications company has failed substantially to comply with any provision or requirement of this cable communications ordinance or the provisions of its franchise agreement. The Board may give a written notice containing full particulars as to the provision or requirement with which compliance is claimed deficient and allow such cable communications company 60 days to comply. At the expiration of such 60 days, such franchise shall be deemed terminated and revoked without further Board action unless such cable communications company shall request a hearing before the Board upon its alleged failure to substantially comply with any provision or requirement of this cable communications ordinance or its franchise agreement. Said hearing shall be public with the cable communications company being permitted to fully participate therein including the right to introduce testimony and exhibits and to examine and cross-examine witnesses. The hearing shall be recorded and at the conclusion thereof the Board, if it finds that the cable communications company has not substantially complied with any provision or requirement of this cable communications ordinance or its franchise agreement, may terminate and revoke the franchise.
[1]
Editor's Note: See MCLA § 460.601 et seq.
E. 
Any person granted a franchise pursuant to this cable communications ordinance may surrender it by written notice of intent to surrender its franchise filed with the Township Clerk not less than 60 days prior to the surrender date. On the surrender date specified in such notice, all rights, privileges and authority under said franchise shall terminate; provided, however, that said person shall have a period of six months thereafter to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places, subject to the rights of the Township as set forth in § 182-8D above. At the expiration of such six-month period, any property not removed by such person shall become the property of the Township and the costs incurred in removing said property from the streets, alleys, public rights-of-way or public places shall be claimed against such person under the performance bond required under § 182-12A of this chapter.
A. 
Any person granted a franchise pursuant to this cable communications ordinance shall commence construction or installation of its cable communications system within 120 days after issuance of a certificate of compliance by the Federal Communications Commission.
B. 
Any person granted a franchise pursuant to this cable communications ordinance shall, within such period as designated in the franchise agreement after the effective date of the issuance of a certificate of compliance, complete construction in the area designated in the franchise agreement. Any person granted a franchise pursuant to this cable communications ordinance who is unable to construct according to the provisions of this section for "good cause" shall notify the Township Board in writing within 30 days of the occurrence of any delay or interruption of construction of more than 15 working days' duration which interruption or delay would affect its ability to construct according to schedule.
A. 
The Board, or any person or department designated by it, shall, upon its own motion or upon complaint of any person or subscriber of a cable communications company, have authority to hear and determine all complaints concerning the rates, charges, rules, regulations, practices, quality of service rendered or refused to be rendered, equipment furnished or refused to be furnished, or any other matter relating to the service or operation of the cable communications system or any person franchised under the terms of this chapter.
B. 
Upon the filing of any complaint against any person pursuant to the Subsection A above, the Board shall give such person at least 20 days' notice of the time and place of a hearing to be given such person upon the matters alleged in the complaint. The Board shall have the power to order such changes in the rates, charges, rules, regulations, services, equipment or other matters relating to the service or operation of the cable communications company as in its judgment, based upon the record of the hearing and findings of fact made thereon, appear to be just, reasonable and lawful.
C. 
Every person granted a franchise pursuant to this cable communications ordinance shall have a business office located in the Township suitably staffed for the purpose, among others, of receiving and investigating complaints, dealing with its subscribers, receiving payment for service and otherwise conducting business, unless otherwise provided in the franchise agreement.
Any right or privilege granted to any person under this cable communications ordinance to use or occupy any street, alley, public right-of-way or public place shall be subordinate to any prior lawful occupancy of such property. Nothing in this cable communications ordinance shall be construed as limiting in any way the Township in the lawful exercise of the police power, and the grant of a franchise to any person as provided in this cable communications ordinance shall confer no right, privilege, or exemption not specifically presented herein.
By the application for and acceptance of a franchise pursuant to this cable communications ordinance, a cable communications company agrees that upon subsequent additions of areas to the Township, either by annexation, consolidation or otherwise, any and all franchises and/or licenses held by it to provide a cable communications service or to install, construct, maintain or operate a cable communications system in such areas shall be surrendered and any rights or privileges in streets, alleys, public rights-of-way or public places to install, construct, maintain or operate a cable communications system or to furnish a cable communications service in such areas as may subsequently be added to the Township by annexation, consolidation or otherwise shall thereafter be subject to and authorized by this cable communications ordinance.
Every cable communications company shall file annually with the Township Engineer a current map showing the exact location of the transmission and distribution facilities and equipment of the Township used by it in providing cable communications service and, further, shall prepare and furnish the Township, on written request therefor, at such times and in such form as may be prescribed, such reports as to its operations, finances, facilities and activities as may be reasonably necessary to enable the Township to perform its obligations, functions and duties under this cable communication ordinance.
A. 
The Township Board shall establish a commission to be known as the "Huron Township Cable Communications Commission." The Township Board shall solicit from the public and from the franchisee names of persons interested in serving on the Commission, but is not limited to names thereby submitted.
B. 
The Commission shall consist of five residents of the Township appointed by the Township Board. Each member shall serve a term of three years; provided, however, that appointments to the first Commission shall be for such terms as follows: two members for terms of three years, two members for terms of two years; and one member for a term of one year. Any vacancy in the office shall be filled by the Township Board for the remainder of the term. No employee or person with ownership interest in a cable television franchise granted pursuant to this chapter shall be eligible for membership on the Commission. Members of the Commission may be compensated at a rate to be determined by the Township Board. Such rate of compensation, if any, shall be established and may be revised, from time to time, by resolution of the Township Board.
C. 
The Commission, in addition to the functions and responsibilities that the Board may delegate to it from time to time by resolution, shall have the following functions:
(1) 
Discuss this chapter and franchises thereunder with prospective franchise applicants.
(2) 
Advise the Board on applications for franchises.
(3) 
Advise the Board on matters which might constitute grounds for revocation of a franchise under this chapter.
(4) 
Recommend to the Board, after hearing, resolutions of disputes between franchisees, between franchisee(s) and subscribers, between franchisee(s) and access users, and between access users.
(5) 
Advise the Board on the regulations of rates under this chapter and make recommendations on requested changes in rates, services or classifications.
(6) 
Recommend to the Board general policy relating to access channels with a view to maximizing the diversity of programs and services to subscribers.
(7) 
Encourage the use of access channels by institutions, groups and individuals within the Township.
(8) 
Encourage and supervise interconnection of systems.
(9) 
Review and report to the Board concerning records and reports which the franchisee is required to submit under this chapter.
(10) 
The Commission shall annually prepare a budget and, prior to submitting same to the Township Board, shall conduct a public hearing thereon. The Commission shall also prepare an annual report to the Township Board including an accounting of budgeted fees received and distributed by the Commission and a report of the type and amount of use of access channels.
(11) 
Conduct evaluations of the system at least every three years and make recommendations to the Township Board regarding amendments to this chapter or to the franchise agreement.
Any person granted a franchise pursuant to this cable communications ordinance shall have no recourse whatsoever against the Township, its officers, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of this cable communications ordinance or the enforcement thereof.
The grantee will not monitor subscriber viewing or provide information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose, without the consent of the subscriber.