This chapter shall be known, and may be cited as the "City of
Lake Mills Cable Franchise Ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
APPLICANT
Any individual, partnership, corporation or association which
shall have filed a written application for a franchise under this
chapter as provided herein.
BASIC SERVICE
The simultaneous delivery by the grantee to television receivers
of those broadcast and nonbroadcast television channels which are
required to be provided by this chapter.
CABLE COMMUNICATION SYSTEM
Any system whose function is to receive and amplify the broadcast
signals of one or more television and radio stations or to provide
signals for additional closed circuit programming and to redistribute
such signals to members of the public who subscribe to such service
or to whom redistribution of such signals is required by this chapter
by means of wires, cables, conduit, microwaves, satellites or other
means.
CHANNELS
A group of frequencies in the electromagnetic spectrum capable
of carrying an audio-data or an audio-visual television signal. Each
channel is a block of frequencies containing 6 MHz bandwidth.
CITY
The City of Lake Mills, Jefferson County, Wisconsin.
CITY COUNCIL
The present or future governing body of the City.
CONVERTER
An electronic device which converts signals to a frequency
not susceptible to interference with the television receiver of a
subscriber, and by an appropriate channel selector also permits a
subscriber to view all signals delivered at designated dial locations.
DWELLING UNIT
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place of one
person or by two or more persons maintaining a common household, to
the exclusion of all others. Where the term "dwelling unit" is used
in this chapter incident to the computation of any formula, a dwelling
unit which is occupied for less than six months each year shall be
considered as 1/2 dwelling unit, and a dwelling unit which is occupied
for six months or more shall be considered as a whole dwelling unit.
FCC
The Federal Communications Commission.
GRANTEE
Any applicant receiving the grant of any franchise hereunder
and shall include any lawful successor to the interest of the grantee,
when consent to such succession has been granted by the Board.
GROSS REVENUES
Any and all compensation, in whatever form, exchange or otherwise,
derived from the provision of all cable communication system services
in the City. ("Gross revenues" shall mean all revenues derived by
the grantee, its affiliates or subsidiaries from and in connection
with the operation of the cable television system in the City, as
that term is defined by the FCC or a court of competent jurisdiction,
and shall include revenues from all sources including without limitation
revenues from advertising, channel leasing, data transmission and
per-program charges, in addition to the subscribers' regular
monthly payments; provided, however, that installation and construction
fees charged subscribers for services directly related to initial
installation of the receiving equipment shall not be deemed a gross
revenue as that term is used in this chapter.)
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC ACCESS CHANNEL
The channel or channels which the grantee is required to
provide pursuant to the terms of this chapter.
REASONABLE NOTICE
The provision of notice of contemplated action delivered
at least 48 hours prior to such action.
STREETS
Includes all streets, roadways, highways, avenues, lanes,
alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way
or other public ways in the City which have been or may hereafter
be dedicated and open to public use, or such other public property
so designated by law.
SUBSCRIBER
Any person or entity receiving for any purpose the cable
service of the grantee.
TOWN
Any township, or a portion thereof, located in the Lake Mills
Power and Light District, provided that such township has adopted
an ordinance in substantially the same form as this chapter.
UTILITY
The Lake Mills Light and Water Utility, or where appropriate
any utility providing electrical, water, sewer or gas services to
the residents of the Lake Mills Light and Water Utility District.
No person shall install, maintain or operate a cable communication
system, or solicit subscriptions for the same, without first having
applied for and obtained a franchise from the City in accordance with
this section, and any failure to secure such a franchise prior to
the commencement of operations or the soliciting of any subscription
from any subscriber for such service shall be deemed a violation of
this section and shall subject the violator to the penalties prescribed
herein.
No person shall use the streets for or in connection with a
cable communication system except as may be specifically permitted
by the Council or its designee. No cable or other equipment or device
installed in, over or under the streets under a franchise granted
under this chapter shall be used for any purpose except for a cable
communication system as herein defined.
The application for a franchise shall be submitted to the Council
in writing, and shall contain the following:
A. Name and address.
(1) For individuals. The applicant's name, address, occupation and
principal place of business.
(2) For partnerships. The applicant partnerships name, business and principal
place of business; along with the names, addresses, occupations and
principal place of business of each of the partners.
(3) For corporations (or associations). The applicant corporation's
name, principal business and principal place of business; the state
of incorporation; the names and addresses of the officers and directors;
the names and addresses of its registered agents; the number of shareholders,
including the names and residences of shareholders holding, controlling
or having a beneficial interest in more than 10% of the outstanding
shares, identifying their interests, along with a statement indicating
any intention of change of said interests during the term of the franchise.
If the corporation is a foreign corporation, a certificate of security
to transact business in this state shall accompany the application.
B. A statement as to any other cable administration systems owned or
operated by or in which the applicant has any interest. Such statement
shall list by name and address each and every municipality in the
United States in which the applicant operates a cable communication
system or has been granted a franchise so to do.
C. A detailed explanation of the nature, extent and scope of operation
of the proposed system (including any present legal, financial, technical
or other qualifying matter which may relate to the inability of the
applicant to perform the proposed system).
D. A complete, sworn financial statement of the applicant.
E. The estimated cost of installing the system.
F. The method of financing the system.
G. A listing of channels which the applicant will provide and the type
of program or service to be provided on each channel.
H. A schedule of the applicant's rates for installation, monthly
service charges and any other charges to subscribers, together with
a proposed rental or service agreement with subscribers which details
the rights and obligations of subscribers to the system. The schedule
of proposed rates shall also indicate whether or not a charge will
be made to a subscriber for the removal of service.
I. A list of equipment to be used in the total system together with
specifications therefor. The applicant will agree that the City may
require review of adequacy of equipment by a third party qualified
as a consultant whose fee shall be paid by the applicant within 30
days from the date of billing by the City Council.
J. The estimated construction schedule.
K. A statement that the applicant will abide by and conform to all of
the provisions of this section and amendments thereto, and that the
applicant will pay at the time required any franchise fees herein
prescribed.
L. An application fee of $1,000 shall accompany the application. Said
application fee shall be nonrefundable.
M. Such additional detailed information which the City Council may require.
The franchise awarded pursuant to the terms of this chapter
shall require the grantee to provide CATV service to the entire City
during the term of the franchise. The following shall constitute minimum
residential and commercial CATV service requirements to be provided
under the terms of this chapter:
A. The grantee shall, at its own expense, extend CATV service to all
the annexed areas of the City within six months of annexation.
B. The grantee shall, at its own expense, extend CATV service to new
housing units developed within the City within six months of occupancy.
In the event the grantee shall fail to complete the construction
and installation of the cable television system as herein provided,
and as provided in the grant of franchise, the grantee shall pay to
the City the sum of $500 for each and every day the time consumed
in such installation and construction exceeds the time specified.
The grantee shall provide, without charge, one outlet to the
City office building, the public library and all public and parochial
schools in the City that are passed by its cable. If more than one
outlet is required at any of said locations, the grantee shall install
same at the cost of time and materials only and in no event will there
be a monthly service charge at such location.
The grantee shall comply with all conditions imposed by the
Federal Communications Commission and by the State of Wisconsin. Failure
to obtain any required licenses or to comply with all such conditions
shall be grounds to revoke the franchise without liability assigned
to the City. Copies of all documents filed with other government bodies,
including but not limited to the FCC and the State of Wisconsin, shall
be furnished to the City concurrently.
The grantee shall not deny service, deny access, or otherwise
discriminate against subscribers, programmers, or general citizens
on the basis of race, color, religion, national origin, creed, or
sex. Nothing in this provision shall be construed to prohibit the
reduction or waiving of charges in conjunction with promotional campaigns
for the purpose of attracting subscribers, nor shall this provision
be interpreted to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any subscriber or
programmer included within a particular classification shall be entitled.
The grantee shall not reveal to any third party any information
or data concerning any specific subscriber. Any information or date
revealed to third parties shall be limited to gross data relating
to all subscribers, without identification as to individual subscribers.