[Ord. No. 878 § 625.020, 12-19-2011]
A.
To the extent permitted by the 2007 Video Services Providers Act,[1] the Board of Aldermen of the City of Bel-Nor hereby ratifies
all existing agreements, franchises, and ordinances regulating cable
television operators and other video service providers, including
the imposition of a franchise fee of five percent (5%) imposed on
the gross revenues of all such providers, and further declares that
such agreements, franchises, and ordinances shall continue in full
force and effect until expiration as provided therein, or until preempted
by the issuance of video service authorizations by the Missouri Public
Service Commission or otherwise by law, but only to the extent of
said preemption.
[1]
Editor's Note: See Section 67.2675 et seq., RSMo.
[Ord. No. 878 § 625.030, 12-19-2011]
A.
FRANCHISE AREA
GROSS REVENUES
1.
(1)
(2)
(3)
(4)
(5)
(6)
2.
(1)
(2)
(3)
(4)
(5)
(6)
3.
HOUSEHOLD
INCUMBENT CABLE OPERATOR
LOW-INCOME HOUSEHOLD
PERSON
SUBSCRIBER
VIDEO SERVICE
VIDEO SERVICE AUTHORIZATION
VIDEO SERVICE NETWORK
VIDEO SERVICE PROVIDER FEE
VIDEO SERVICE PROVIDER or PROVIDER
Definitions. The following terms
shall have the following meanings unless otherwise defined by context:
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier, or affiliate thereof.
The total amounts billed to subscribers or received from advertisers
for the provision of video services within the City, including:
Recurring charges for video service;
Event-based charges for video service, including but not limited
to pay-per-view and video-on-demand charges;
Rental of set top boxes and other video service equipment;
Service charges related to the provision of video service, including
but not limited to activation, installation, repair, and maintenance
charges;
Administrative charges related to the provision of video service,
including but not limited to service order and service termination
charges; and
A pro rata portion of all revenue derived, less refunds, rebates,
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising.
Gross revenues do not include:
Discounts, refunds, and other price adjustments that reduce
the amount of compensation received by a video service provider;
Uncollectibles;
Late payment fees;
Amounts billed to subscribers to recover taxes, fees, or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein;
Fees or other contributions for PEG or I-Net support; or
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means.
Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
An apartment, a house, a mobile home, or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
The video service providers serving video subscribers within
the City of Bel-Nor, Missouri, prior to the effective date of this
Chapter.
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
An individual, partnership, association, organization, corporation,
trust, or government entity.
Any person who receives video services in the franchise area.
The provision of video programming provided through wire
line facilities, without regard to delivery technology, including
Internet protocol technology, whether provided as part of a tier,
on demand, or a per channel basis, including cable service as defined
by 47 U.S.C. § 522(6), but excluding video programming provided
by a commercial mobile service provider defined in 47 U.S.C. § 332(d),
or any video programming provided solely as part of and via a service
that enables users to access content, information, electronic mail,
or other services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wire line facilities, or any component thereof, that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.
The fee imposed under Section 630.020(C)(1) hereof.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
B.
General Regulations.
1.
A video service provider shall provide written notice to the
City at least ten (10) days before commencing video service within
the City. Such notice shall also include:
a.
The name, address and legal status of the provider;
b.
The name, title, address, telephone number, e-mail address,
and fax number of individual(s) authorized to serve as the point of
contact between the City and the provider so as to make contact possible
at any time [i.e., twenty four (24) hours per day, seven (7) days
per week]; and
c.
A copy of the provider's video service authorization issued
by the Missouri Public Service Commission.
2.
A video service provider shall also notify the City, in writing,
within thirty (30) days of any changes in the information set forth
in or accompanying its notice of commencement of video service, or
any transfer of ownership or control of the provider's business
assets.
3.
A video service provider shall not deny access to service to
any group of potential residential subscribers because of the race
or income of the residents in the area in which the group resides.
A video service provider shall be governed in this respect by Section
67.2707, RSMo. The City may file a complaint in a court of competent
jurisdiction alleging a germane violation of this Subsection, which
complaint shall be acted upon in accordance with Section 67.2711,
RSMo.
4.
A video service provider shall comply with all Federal Communications
Commission requirements involving the distribution and notification
of emergency messages over the emergency alert system applicable to
cable operators.
5.
A video service provider shall, at its sole cost and expense,
indemnify, hold harmless, and defend the City, its officials, boards,
board members, commissions, commissioners, agents, and employees,
against any and all claims, suits, causes of action, proceedings,
and judgments ("claims") for damages or equitable relief arising out
of the construction, maintenance, repair or operation of its video
services network; copyright infringements; and failure to secure consents
from the owners, authorized distributors, or licenses or programs
to be delivered by the video service network. Such indemnification
shall include, but is not limited to, the City's reasonable attorney's
fees incurred in defending against any such claim prior to the video
service provider assuming such defense. The City shall notify the
provider of a claim within seven (7) business days of its actual knowledge
of the existence of such claim. Once the provider assumes the defense
of the claim, the City may at its option continue to participate in
the defense at its own expense. This indemnification obligation shall
not apply to any claim related to the provision of public, educational,
or governmental channels or programming or to emergency interrupt
service announcements.
C.
Video Service Provider Fee.
1.
Each video service provider shall pay to the City, for the use
of the City's right-of-way and other facilities, a video service
provider fee in the amount of five percent (5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The City may adjust the video service
provider fee as permitted in Section 67.2689, RSMo.
2.
A video service provider may identify and pass through on a
proportionate basis the video service provider fee as a separate line
item on subscribers' bills.
3.
The City, not more than once per calendar year and at its own
cost, may audit the gross revenues of any video service provider as
provided in Section 67.2691, RSMo. A video service provider shall
make available for inspection all records pertaining to gross revenues
at the location where such records are kept in the normal course of
business.
D.
Customer Service Regulations.
1.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
For purposes of this Subsection, the following terms shall mean:
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term "normal business
hours" must include some evening hours at least one (1) night per
week or some weekend hours;
Those service conditions which are within the control of
the video service provider. Those conditions which are not within the control of the video service
provider include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the video service provider 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 video system.
The loss of picture or sound on one (1) or more video channels.
2.
All video service providers shall adopt and abide by the following
minimum customer service requirements:
a.
Video service providers shall maintain a local, toll-free or
collect call telephone access line which may be available to subscribers
twenty-four (24) hours a day, seven (7) days a week.
b.
Video service providers shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours. 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
shall be responded to by a trained company representative on the next
business day.
c.
Under normal operating conditions, telephone answer time by
a customer representative, including wait time, shall not exceed thirty
(30) seconds when the connection is made. If the call needs to be
transferred, transfer time shall not exceed thirty (30) seconds. These
standards shall be met no less than ninety percent (90%) of the time
under normal operating conditions, measured on a quarterly basis.
d.
Under normal operating conditions, the customer will receive
a busy signal less than three percent (3%) of the time.
e.
Customer service centers and bill payment locations shall be
open at least during normal business hours and shall be conveniently
located.
f.
Under normal operating conditions, each of the following standards
shall be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
(1)
Standard installations shall be performed within
seven (7) business days after an order has been placed. "Standard"
installations are those that are located up to one hundred and twenty-five
(125) feet from the existing distribution system.
(2)
Excluding conditions beyond the control of the
video service provider, the video service provider shall begin working
on "service interruptions" promptly, and in no event later than twenty-four
(24) hours after the interruption becomes known. The video service
provider must begin actions to correct other service problems the
next business day after notification of the service problem.
(3)
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.
(4)
A video service provider shall not cancel an appointment
with a customer after the close of business on the business day prior
to the scheduled appointment.
(5)
If a video service provider's representative
is running late for an appointment with a customer and will not be
able to keep the appointment as scheduled, the customer must be contacted.
The appointment shall be rescheduled, as necessary, at a time convenient
for the customer.
g.
Refund checks shall be issued promptly, but no later than either
the customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier; or the return of
the equipment supplied by the video service provider if the service
is terminated;
h.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
i.
Video service providers shall not disclose the name or address
of a subscriber for commercial gain to be used in mailing lists or
for other commercial purposes not reasonably related to the conduct
of the businesses of the video service provider or its affiliates,
as required under 47 U.S.C. § 551, including all notice
requirements. Video service providers shall provide an address and
telephone number for a local subscriber to use without toll charge
to prevent disclosure of the subscriber's name or address.
3.
As required by Section 67.2692, RSMo., Subsection (D)(2) of Section 630.020 shall be enforced only as follows:
a.
Each video service provider shall implement an informal process
for handling inquiries from the City and customers concerning billing
issues, service issues, and other complaints. If an issue is not resolved
through this informal process, the City may request a confidential
nonbinding mediation with the video service provider, with the costs
of such mediation to be shared equally between the City and the video
service provider.
b.
In the case of repeated, willful, and material violations of
the provisions of this Section by a video service provider, the City
may file a complaint on behalf of a resident harmed by such violations
with Missouri's Administrative Hearing Commission seeking an
order revoking the video service provider's Public Service Commission
authorization. The City or a video service provider may appeal any
determination made by the Administrative Hearing Commission under
this Section to a court of competent jurisdiction, which shall have
the power to review the decision de novo. The City shall not file
a complaint seeking revocation unless the video service provider has
been given sixty (60) days' notice to cure alleged breaches but
has failed to do so.
E.
Public, Educational, And Government Access Programming.
1.
Each video service provider shall designate the same number
of channels for noncommercial public, educational, or governmental
("PEG") used as designated by the incumbent cable operator as of the
effective date of this Chapter.
2.
Any PEG channel that is not substantially utilized by the City
may be reclaimed and programmed by the video service provider at the
provider's discretion. If the City finds and certifies that a
channel that has been reclaimed by a video service provider will be
substantially utilized, the video service provider shall restore the
reclaimed channel within one hundred twenty (120) days. A PEG channel
shall be considered "substantially utilized" when forty (40) hours
per week are locally programmed on that channel for at least three (3)
consecutive months. In determining whether a PEG channel is substantially
utilized, a program may be counted not more than four (4) times during
a calendar week.
3.
The operation of any PEG access channel and the production of
any programming that appears on each such channel shall be the sole
responsibility of the City or its duly appointed agent receiving the
benefit of such channel, and the video service provider shall bear
only the responsibility for the transmission of the programming on
each such channel to subscribers. The City must deliver and submit
to the video service provider all transmissions of PEG content and
programming in a manner or form that is capable of being accepted
and transmitted by such video service provider over its network without
further alteration or change in the content or transmission signal.
Such content and programming must be compatible with the technology
or protocol utilized by the video service provider to deliver its
video services. The video service provider shall cooperate with the
City to allow the City to achieve such compatibility.
4.
The City shall make the programming of any PEG access channel
available to all video service providers in a nondiscriminatory manner.
Each video service provider shall be responsible for providing the
connectivity to the City's or its duly appointed agent's
PEG access channel distribution points existing as of the effective
date of this Chapter. Where technically necessary and feasible, video
service providers shall use reasonable efforts and shall negotiate
in good faith to interconnect their video service networks on mutually
acceptable rates, terms, and conditions for the purpose of transmitting
PEG programming. A video service provider shall have no obligation
to provide such interconnection to a new video service provider at
more than one (1) point per headend, regardless of the number of political
subdivisions served by such headend. The video service provider requesting
interconnection shall be responsible for any costs associated with
such interconnection, including signal transmission from the origination
point to the point of interconnection. Interconnection may be accomplished
by direct cable microwave link, satellite, or other reasonable method
of connection acceptable to the person providing the interconnect.
5.
A video service provider may identify and pass through as a
separate line item on subscribers' bills the value of monetary
and other PEG access support on a proportionate basis.
F.
Compliance With Other Regulations. All video service providers shall
comply with all other applicable laws and regulations.
