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.
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.
[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.
[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.
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.
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.