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Town of Arbor Vitae, WI
Vilas County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae 11-10-1982 by Ord. No. 1-1982. Amendments noted where applicable.]
A. 
Substantive legal base. This chapter is adopted pursuant to authority granted by the Constitution of the State of Wisconsin.
B. 
Solicitation of proposals for franchise. Any solicitation of proposals for granting of a franchise hereunder, undertaken by the Town of Arbor Vitae, will refer to and incorporate this chapter by reference.
C. 
Franchise non-exclusive. Any franchise granted hereunder by the Town of Arbor Vitae, Wisconsin, shall not be exclusive and the Town reserves the right to grant a similar franchise to any person, company or corporation at any time.
D. 
Vote. A majority vote of all members of the Town Board of Supervisors of the Town of Arbor Vitae, Wisconsin, shall be required to effect the grant of any franchise hereunder.
For the purpose of this chapter the following terms, phrases and words and their derivations shall have the meaning specified herein:
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a special charge is made based on program or service content or time of usage.
ARBOR VITAE CABLE COMMISSION
A commission established and maintained by the Town Board of Supervisors with powers and duties to be established by the Town Board.
BASIC SERVICE
All subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers.
BOARD
The Town Board of Supervisors of the Town of Arbor Vitae and any legally appointed or elected successor or agency.
BROADBAND TELECOMMUNICATIONS NETWORK
Any network of cables and other electrical and electronic equipment, including cable television systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital, for sale or use by the inhabitants of the Town.
COMMENCE OPERATION
Operation will be considered commencing when sufficient distribution facilities have been placed in use to offer full network service to at least 25% of persons residing within the Town limits.
DATA GRADE
Coded transmissions primarily digital in nature.
dB
A unit of measure corresponding to a root mean square voltage of one millivolt across 75 ohms.
FCC
The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE FEE
Includes any charge imposed for a franchise whether the object be regulation or revenue.
FULL NETWORK SERVICE
All "basic and additional services" offered by the grantee.
GRANTEE
Any person, firm, company, corporation or association to whom a franchise is granted by the Town Board of Supervisors of the Town of Arbor Vitae hereunder and the lawful successor or assignee of such person, firm, company, corporation or association.
GROSS SUBSCRIBER REVENUES
Includes gross receipts from basic service, installation, advertising, and all other revenue sources, including, but not limited to, pay television service, leased channels, and discreet services.
HEAD END
The land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a broadband telecommunications network.
INITIAL SERVICE AREA
That geographical area within the incorporated limits of the Town which has been delineated in the maps attached hereto[1] dated and entitled "initial service area."
MAY
Is permissive.
OFFICE
The use of the title of any officer, employee or office shall mean such officer, employee or office of the Town of Arbor Vitae unless otherwise specifically designated.
PHYSICAL MILE OF PLANT
Messenger strand as measured from pole to pole without taking into consideration sag or downguys, and, for buried plant, actual trench feet.
SALE
Includes any sale, exchange, barter or offer for sale.
SHALL and MUST
Each is mandatory.
STATE
The State of Wisconsin.
STREET
Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks or other public ways in the Town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
SUBSCRIBER
Any person, firm, company, corporation or association receiving reception service from the grantee.
SUBSTANTIALLY COMPLETED
Operation will be considered substantially completed when sufficient distribution facilities have been placed in use to offer full network service to at least 90% of the inhabitants in the "initial service area."
TOWN
The Town of Arbor Vitae or the area within the territorial Town limits of the Town and such territory outside of this Town over which the Town has jurisdiction or control by virtue of any constitutional or charter provisions or any law.
VIDEO GRADE
Transmission primarily analog in nature, including the picture phase of a television broadcast.
VOTE
Whenever the word refers to the members of the Board, the vote required shall be in relation to the total membership rather than to those present at the meeting.
[1]
Editor's Note: Said maps are on file in the Town offices.
A. 
The Town Board of Supervisors may grant a franchise for the operation of a community antenna television and audio communication system under the provisions of this chapter to any grantee after a review of the legal, character, financial, technical, and other qualifications as determined by said Board and the Cable Television Commission, and the adequacy and feasibility of the grantee's construction arrangements. The Board, after reviewing the recommendations of the Cable Television Commission, after public hearing before the Board, and after considering the extent to which any applicant fulfills the requirements and qualifications set by the Board and Commission, may award a non-exclusive revocable franchise to any grantee.
B. 
Any person seeking a franchise hereunder shall first submit a proposal to the Town Clerk which provides full, complete and detailed responses to any information required by the Town which will aid the Board and the Cable Television Commission in reviewing the qualifications set forth in Subsection A above. The Town Clerk shall provide forms, as approved by the Board or the Commission, to any applicant. Such forms, and the information required therein, may be amended from time to time to provide for more adequate and complete disclosure of information necessary for action of the Board hereunder.
C. 
Any public hearing required hereunder shall be held before the Board at a regular or special meeting thereof and notice thereof shall be published in the Town's official newspaper as a Class 1 notice.
D. 
The grantee of any franchise hereunder shall, within 30 days of the granting of such franchise, acknowledge, in writing, that:
(1) 
Grantee accepts the award of the franchise.
(2) 
Grantee acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the Town concerning any term of condition of this franchise that is not included in this chapter.
(3) 
Grantee acknowledges by the acceptance of this chapter and the franchise awarded hereunder that it has carefully read its terms and conditions and that it is willing and does accept all the obligations of such terms and conditions and further agrees that it will not set up as, against the Town, the claim that any provision of this as originally adopted, and any franchise granted hereunder is unreasonable, arbitrary, invalid or void.
(4) 
That grantee has secured the necessary policies of insurance required by this chapter and files therewith a copy of said policy, together with the performance bond, in the amount of $50,000.
A. 
Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify, and maintain in, upon, along, across, above, over and under streets (as defined in § 133-2 herein), which have been or may hereafter be dedicated and open to public use in the Town, towers, antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of a broadband telecommunications network in the Town.
B. 
The franchise agreement finally negotiated and accepted by the Board and grantee shall constitute and form a part of this chapter except in the event of conflicting provisions, in which case the provisions of this chapter shall prevail.
C. 
Any franchise granted hereunder shall give to the grantee the authority to trim trees upon and overhanging the streets so as to prevent damage to the telecommunications network and interruption of service. Such tree trimming as may be required will be done under the supervision and direction of the Town and at the sole expense of the grantee.
D. 
The franchise and rights therein granted by the Town shall take effect in accordance with the provisions of § 133-7 herein and continue in full force and effect for a term of 15 years, during which a review of the franchise will be made every three years.
E. 
Any franchise granted hereunder may be renewed by the Town Board of Supervisors for an additional term of five years. At least one year prior to the expirations of the initial franchise term, the grantee shall notify the Town Board of Supervisors, in writing, of its intent to seek renewal of said franchise. Upon receipt of such notice, the Town Board or a committee thereof shall schedule a public hearing or meetings with the grantees to review franchise performance, plans, prospects and any need for amendments to any rules or regulations imposed upon the grantee. This provision is not intended, and should not be construed, to prohibit or in any way limit the ability of the Board to amend the provisions of this chapter prior to the renewal of a franchise hereunder, and the Board explicitly reserves its right to amend this chapter at any time as may be required in the public interest. The Board shall, after such a meeting or meetings, order a public hearing as required in the granting of an initial franchise and, thereafter may renew any franchise upon the same or different terms, conditions, regulations and prohibitions as are determined by the Board to be in the public interest.
F. 
The Town reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated therewith in the event of:
(1) 
Noncompliance by the grantee with any provision of this chapter or of any supplemental written agreement entered into by and between the Town and the grantee.
(2) 
The grantee becomes insolvent, enters into receivership or liquidation, files an application for bankruptcy or for composition of creditors, is unable or unwilling to pay his debts as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the network.
(3) 
Violation by the grantee of any FCC order or ruling or the order or ruling of any other governmental body having jurisdiction over the grantee except while the grantee is lawfully contesting the legality of applicability of such order.
(4) 
Failure to timely pay the franchise fee.
G. 
In the event that the Town shall decide to revoke for cause a franchise granted hereunder, it shall give the grantee 90 days' written notice of its intention to terminate and stipulate the cause. If during the ninety-day period the cause shall be cured to the satisfaction of the Town, the Town may, at its discretion, declare the notice to be null and void. In any event, before a franchise may be revoked, the grantee must be provided with an opportunity to be heard before the Board.
H. 
Should the grantee's franchise be revoked or expire, the grantee shall promptly remove all property owned by him and place on a public right-of-way unless permitted by the Town to abandon said property in place or to transfer said property to a purchaser previously approved by the Town. In the event of any such removal, the grantee shall restore the public right-of-way to a condition satisfactory to the Town. Upon abandonment, which shall only be done as the Town directs, the grantee shall transfer ownership of all such abandoned property to the Town and submit to the Town an instrument in writing, subject to the approval of the Town Attorney, effecting said transfer.
The grantee of any franchise hereunder shall provide service initially to all areas within the Town limits as indicated on the maps attached hereto[1] and made a part of this chapter, entitled "initial service area."
[1]
Editor's Note: Said maps are on file in the Town offices.
A. 
The grantee of any franchise hereunder shall at his expense extend his broadband telecommunications network so as to provide "full network service" to all residents of:
(1) 
Newly annexed areas of the Town not then served by a broadband telecommunications network; and
(2) 
New housing areas developed within the initial service area; and
(3) 
Any resident dwelling within 1,000 feet of existing network.
B. 
The grantee shall file with the Town Clerk his extension policy for potential subscribers dwelling beyond 1,000 feet from the nearest point of the existing network but within the Town limits. Such policy must be approved by the Town and the grantee shall not make or refuse to make any extension except as permitted by this approved policy.
A. 
Within 30 days of the effective date of a franchise granted hereunder, the grantee shall file with the appropriate authorities and utilities all papers and applications necessary to comply with the terms of this chapter and shall thereafter diligently pursue all such applications.
B. 
Within 120 days of the effective date a franchise granted hereunder, the grantee shall initiate construction and installation of the broadband telecommunications network. Such construction and installation shall be pursued with reasonable diligence.
C. 
Within 12 months of the effective date of a franchise granted hereunder, the grantee shall "commence operation" within the meaning set forth in § 133-2 of this chapter.
D. 
Within 18 months of the effective date of a franchise hereunder, the grantee shall have "substantially completed" construction within the meaning set forth in § 133-2 of this chapter of the "initial service area."
E. 
Failure to do any of the foregoing provisions of this section within the time specified shall be grounds for the revocation of the franchise.
F. 
The Town may in its discretion extend the time for grantee, acting in good faith, to perform any act required hereunder.
A. 
No transfer of effective ownership or control of the cable system may take place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the Board. The notice shall include full identifying particulars of the proposed transaction. A subject transfer of ownership or control shall not include the disposition of facilities or equipment no longer required in the conduct of the business or a pledge or mortgage or similar instrument transferring conditional ownership of all or part of the system's assets to a lender or creditor in the ordinary course of business so long as the lender or creditor does not thereby acquire the right to control the system's operations.
B. 
Prior approval of the Town Board shall be required where ownership or control of more than 30% of the right of control of grantee is acquired by a person or group of persons acting in concert, none of whom already owns control of 30% or more of such right of control, singly or collectively.
A. 
The grantee shall have no recourse whatsoever against the Town of any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its regulation.
B. 
Time shall be of the essence of any franchise granted hereunder. The grantee shall not be relieved of his obligations to comply promptly with any provision of this chapter by the failure of the Town to enforce prompt compliance.
C. 
The grantee or any of his affiliated, subsidiary, parent organizations, shareholder, officers or directors shall not, within the corporate limits of the Town of within 10 miles in any directions, engage in the sale, renting, leasing or repairing of radio or television receivers or any appurtenances thereof which are not directly related to the providing of full network service.
D. 
Any franchise granted hereunder shall not relieve the grantee of any obligation involved in obtaining pole-or-conduit-use agreements from the utility companies or others maintaining poles or conduits in the streets of the Town, whenever the grantee finds it necessary to make use of said poles or conduits.
E. 
Any poles, cable electronic equipment or other appurtenances of the grantee to be installed in, under, over, along, across or upon the street shall be so located so as to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets. All excavations shall be properly guarded and protected and shall be replaced and the surface restored promptly after completion of the work. All such installations shall be subject to the prior approval of the Town.
F. 
In the event of disturbances of any street by the grantee, he shall, at his own expense and in a manner approved by the Town, replace and restore such street to as good a condition as before the work causing such disturbance was done.
G. 
The grantee shall, upon reasonable notice from any person holding a building moving permit issued by the Town, temporarily alter his facilities to permit the moving of such building. The actual cost of said altering shall be borne by the person requesting the altering and the grantee shall have the right to require payment in advance. For the purposes of the chapter, "reasonable notice" shall be construed to mean at least 48 hours prior to the move.
A. 
Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by including all current ordinances and those adopted during the term or any extensions of the franchise, applying to the public generally and to other grantees.
B. 
The franchisee and all other persons using or making use of the cable communications system shall comply in all respects with all federal, state and local laws regarding obscenity.
C. 
Violation of this paragraph by the franchisee shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all penalties and remedies provided therein, as well as all other remedies both legal and equitable, available to the Town.
A. 
Grantee may charge and collect monthly service and installation charges as established from time to time. The charges made to the subscriber shall be fair, reasonable, nondiscriminatory, and no higher than necessary to meet all costs of service (assuming sufficient and economical management), and provide fair return on grantee's investment devoted to such service.
B. 
The initial rates established by any grantee shall be in accordance with those rates set forth in the franchise agreement required in § 133-3, and such rates shall remain fixed and unchanged during any period which may be described in said franchise agreement.
A. 
The grantee shall notify the Town of Arbor Vitae at least 90 days in advance of any rate increase, of the date of adoption of the proposed increase and the amount of the increase.
B. 
The Town of Arbor Vitae may, upon notification of a proposed increase request, and the grantee shall provide information, in writing, concerning the current and projected operating income and expenses, and a written justification of the proposed increase; such information shall be provided within 30 days of the request.
C. 
Should the Town receive a petition from at least 5% of the subscribers of cable television (as determined from the annual report furnished by the cable company to the Town of Arbor Vitae for a review of any rate increase, then in that event the Town shall hold a hearing and determine whether or not the increase in rates is justifiable. Such rate increase shall not be effective until such time as the hearing is held and the Board approves the rate increase.
A. 
For the use of the streets, and other facilities of the incorporated area of the Town for the operation of the cable communications system and for the supervision thereof by the franchising authority, which fee is to be utilized by the Town to offset its regulatory and administrative costs hereunder, the grantee shall pay to the franchising authority an amount equal to 3% of the grantee's gross subscriber revenues from the operations of the cable communications systems in the Town during each year. Such payment to be made by the first day of the fourth month after the close of the grantee's fiscal year, based on the gross subscriber revenues for the preceding fiscal year. Each payment shall be accompanied by a report of all revenues received for the proceeding year and shall be independently verified or attested by a certified public accountant.
B. 
The rate provided for herein may be changed by the Town after reasonable notice to the grantee and after a public hearing, notice of which hearing shall be published three times in the official newspaper of the Town, the last of which publication shall be at least 10 days prior to such hearing.
A. 
All construction practices shall be in accordance with standard utilities practices as detailed in the "Edison Electrical Institute Publications E3" governing joint-use agreement and in the United States Department of Commerce, National Bureau of Standards, Handbook Number 18, "Safety Rules for the Installation and Maintenance of Electrical Supply and Communications Lines" and all state and local codes where applicable.
B. 
All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable portions of the current edition of the National Electric Code or its successors.
C. 
Antenna-supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency, the State Aeronautics Board governing the erection and operations of supporting structures of TV towers and other applicable local or state codes and regulations.
D. 
Antenna-supporting structures (towers) shall be designed for loading zone B outlined in Electronic Industry Associations R.S.-222 specifications.
E. 
All construction and installation of all grantee's network facilities shall be subject to the prior approval of the Town and to inspection and supervision of such construction and installation as set forth in § 133-14F below.
F. 
The Town reserves the right during the life of any franchise granted hereunder to inspect and supervise all construction or installation work performed subject to the provisions of this chapter to ensure compliance with the terms of the chapter.
G. 
The grantee shall maintain and operate its broadband telecommunications network in accordance with the rules and regulations of the FCC, the State of Wisconsin, and the Town, as are incorporated herein or may be promulgated.
A. 
So far as practical, the poles used for the grantee's distributions system shall be existing utility poles or other maintaining poles or conduits throughout the Town, whenever the grantee finds it necessary to make use of such poles or conduits subject to the reaching of mutually satisfactory rental agreements with the owners thereof, it being the intent of this provision to minimize the number of new or additional poles erected within said Town. In the event that the grantee is unable to reach what it feels is a mutually satisfactory rental agreement to use existing utility poles or other maintaining poles or conduits throughout the Town, whenever the grantee finds it necessary to make use of such poles or conduits, the grantee may apply to the Town for permission to install poles of its own.
B. 
It is hereby ordained that utility easements granted by the Town and the respective utilities are presumed to include the facilities of the cable television service. Hereinafter all annexations to the Town providing for utility easements are to specify cable television in such easements.
C. 
If, at any time during the period of the franchise, the Town shall lawfully elect to alter or change the grade of any street, the grantee, upon reasonable notice by the Town, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at the grantee's expense.
D. 
The Town reserves the right, upon reasonable notice, to require the grantee to protect, support, temporarily disconnect, relocate or remove from the Town's streets any property of the grantee by reason of traffic conditions, public safety, street construction or vacation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communications lines, tracks or any other structure or public improvement. Reasonable notice for the purpose of this chapter shall be construed to mean at least 30 days except in the case of emergencies where no specific notice period shall be required. The grantee shall have an opportunity to present alternative routes, contest the expense and necessity of the change in its facilities required by this section, and negotiate the shared cost. In no event shall the Town require removal, disconnecting, or relocating of the grantee's facilities without cause and the Town shall consider the grantee's facilities in making its determination.
E. 
In all sections of the Town where cables, wires, or other like facilities of public utilities are placed underground, the grantee shall place its cables, wires or other facilities underground. In areas where existing utility cables are above ground, underground cable will be required only if all other utility cables are to be buried.
F. 
The grantee shall be responsible for obtaining its own pole or conduit use agreements from any utility companies or others maintaining poles or conduits through the Town, whenever the grantee finds it necessary to make use of such poles or conduits. The Town shall grant to the grantee authority to use public rights-of-way for the installation of its system wherever practicable but it shall be the responsibility of the grantee to obtain its own easements from all other property owners in the Town wherever it seems necessary to do so. The easements referred to herein shall be those wherein the grantee wishes to cross private property and no utility easement or other public way is available.
G. 
The grantee, prior to the commencement of any construction or installation of any facilities within the public streets, easements, or other public property, shall submit to the Board and the public utilities a complete set of plans and specifications, in a form to be approved by the Board or their designates and the public utilities detailing the proposed construction and installation. No such construction or installation may commence until the Board has granted written approval of said plans and specifications.
H. 
The Town shall have the right to inspect and supervise all construction or installation work performed in, under, upon, over, or through any street, easement or public property.
A. 
It shall be expressly understood and agreed by and between the Town and the grantee hereunder that the grantee shall indemnify and save the Town and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney fees sustained by the Town on account of any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation, maintenance or removal of the cable system authorized herein, whether or not any act or omission claimed is authorized, allowed or prohibited by this chapter or any franchise granted hereunder.
B. 
This grantee shall maintain and by his acceptance of any franchise granted hereunder agrees that he will maintain throughout the term of the franchise a general comprehensive liability insurance policy naming as a co-insured the Town, its officers, boards, commissions, agents and employees, in company approved by the Town Attorney and in a form satisfactory to the Town Attorney, protecting the Town and all persons against liability for loss or damage for personal injury, death, or property damage, occasioned by the operations of grantee under any franchise granted hereunder, in the amount of (a) at least $500,000 for bodily injury or death to any one person with the limit, however, of at least $1,000,000 for bodily injury or death resulting from any one accident, and (b) at least $500,000 for property damage resulting from any one accident. A copy of the current in-force policy shall be deposited with the Town Clerk.
C. 
The insurance policies mentioned in § 133-16B above shall be obtained from the same company and shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement:
(1) 
It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until 30 days after receipt by the Town Clerk by registered mail of a written notice of such intent to cancel or reduce the coverage.
D. 
The grantee shall maintain, and by his acceptance of any franchise granted hereunder agrees that he will maintain throughout the term of the franchise, a faithful performance bond running to the Town, with at least two good and sufficient sureties approved by the Town Attorney, in the penal sum of $50,000 conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of this chapter and any franchise granted hereunder and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the Town as liquidated damages. The bond shall contain the following endorsement:
(1) 
It is hereby understood and agreed that this bond may not be cancelled nor fail to be renewed until 30 days after receipt by the Town Clerk by registered mail of a written notice of such intent to cancel or not renew.
E. 
All bonds, policies of insurance or certified copies thereof and written evidence of payment of required premiums shall be filed and maintained with the Town Clerk during the term of any franchise granted hereunder.
A. 
The grantee shall maintain and operate its broadband telecommunications network in accordance with the rules and regulations as are incorporated herein or may be promulgated by the Town.
B. 
The grantee shall provide a network having the following:
(1) 
Minimum immediate capacity of 36 channels and two-way capability. At least one origination point must be established in a public or municipal facility at such time that the two-way capability is in place and upon the offer to the Town of the required space and its maintenance by a local public or municipal entity.
(2) 
Full band AM and FM radio package of FCC-licensed stations.
C. 
The grantee shall, in addition to § 133-17B above, provide one noncommercial public access channel, associated production equipment, and necessary staff assistance for the public or nonprofit institutions at no charge and on a nondiscriminatory basis. The Town of Arbor Vitae retains the right to use this access channel for community programming at no cost to the users for the duration of this franchise. The grantee shall regularly make information available to the public on the availability of the access channel.
D. 
Public access.
(1) 
Grantee shall furnish installation and monthly service without charge to each school located in the Town of Arbor Vitae and to the following locations:
(a) 
Town offices.
(b) 
Town Library if such exists.
(c) 
Police and Fire Departments.
(d) 
Other municipal and publicly owned facilities.
(2) 
Grantee shall not charge for either installation or for monthly service but internal wiring shall be the responsibility of the organization receiving service where more than one normal "tap" is being installed in each building.
A. 
The grantee shall maintain an office and program production facilities within the Town limits which shall be open during all usual business hours, have a listed telephone number and be so operated that complaints and requests for repairs or adjustments may be required at any time.
B. 
The grantee shall provide service seven days a week for all complaints and requests for repairs or adjustments. All repairs and adjustments shall be responded to in such a manner as to provide as nearly as practicable "same-day" service and in no event shall a response time exceed 24 hours. The grantee shall at all times keep and maintain at its office a log of all complaints and interruptions or degradation of service received or experienced for a period of three years. Such records shall also include complaint response time and service restoral period and shall be continuously open to inspection, examination or audit by the Town or its authorized representative.
C. 
Upon failing to correct a service deficiency within 24 hours, the grantee shall rebate 1/30 of the monthly charge for "basic service" and "additional service" to each subscriber for each 24 hours or fraction thereof after the first 24 hours following report of loss of service to the grantee, except to the extent that restoration of service is prevented by strike, injunction or other cause beyond the control of the grantee.
D. 
Upgrading facilities, equipment and service. The grantee shall upgrade its facilities, equipment and service as subscribers' demands dictate so that its network is as advanced as the current state of technology with field-proven equipment will allow.
A. 
It shall be unlawful for any firm, person, group, company or corporation, without the expressed consent of the grantee, to make any connection, extension, or division whether physically, acoustically, inductively, electronically or otherwise with or to any segment of a franchised broadband telecommunications network for any purpose whatsoever.
B. 
It shall be unlawful for any firm, person, group, company or corporation to willfully interfere, tamper, remove, obstruct or damage any part, segment or content of a franchised broadband telecommunications network for any purpose whatsoever. This section shall in no way impair or infringe upon rights presently enjoyed by utilities in the Town, namely: Wisconsin Public Service Corporation, Lakeland Sanitory District, and General Telephone Company of Wisconsin.
C. 
Any firm, person, group, company or corporation convicted of a violation of Subsections A through B of this section shall, for each offense and for each twenty-four-hour period an offense continues after notification of discovery, forfeit a sum of not less than $100 nor more than $500 in addition to the cost of prosecution.
By its acceptance of the franchise, the Grantee specifically grants and agrees that its application is hereby incorporated by reference and made a part of this chapter. In the event of a conflict between proposed service listed in said application and the provisions of this chapter, that provision which provides the greatest benefit to the Town, in the opinion of the Town Board, shall prevail. Failure to provide services as promised in the grantee's application, as incorporated herein, shall be deemed a breach of this chapter to which the provisions of § 133-17 of this chapter shall apply.
A. 
The grantee shall not, as to rates, changes, services, service facilities, rules, regulations, employment, or in any other respect, make or grant any undue preference or advantage to any party, nor subject any party to any prejudice or disadvantage, except the service without charge required by § 133-17D of this chapter. Such prohibition shall not apply to situations considered by the Town to be in the public interest nor shall it apply to promotional or advertising campaigns or practices temporarily engaged in by the grantee.
B. 
No monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion. In no event shall monitoring of any kind take place without a clearly visible light signal and clearly audible sound signal. The light shall be visible and the sound audible at a distance of at least 30 feet from the terminal at the time of monitoring.
C. 
If monitoring is to occur, each terminal shall be equipped with a switch by which the user can, upon notification by means of the aforementioned light and sound, prevent the monitoring of that terminal notwithstanding any prior agreement.
D. 
The grantee shall not, except as required by governmental action, provide any data concerning its subscribers or users of their use of its services without first securing written authorization for the provisions of such data from the subscriber involved.
The grantee shall simultaneously file with the Town Clerk and maintain copies of all petitions, applications, and communications transmitted by the grantee to, or received by the grantee, from all federal and state regulatory commissions or agencies having competent jurisdiction to regulate the operations of any broadband telecommunications network authorized hereunder.
A. 
The grantee shall file annually with the Town Clerk not later than three months after the end of his fiscal year, during which he accepted a franchise hereunder, and within three months after the end of each subsequent fiscal year, a copy of his report to his stockholders (if he prepares such a report), an income statement applicable to his operations under said franchise during the fiscal year or fraction thereof and a listing of his properties devoted to network operations, together with an itemization of his investment/in each of such properties on the basis of original cost, less depreciation. These reports, along with other such reasonable information as the Town may request, shall be certified by a public accountant.
B. 
The grantee shall file annually with the Town Clerk, not later than three months after the end of his fiscal year, during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year, a total facilities report, setting forth the total physical miles of plant installed or in operation during the fiscal year.
C. 
The grantee shall file annually with the Town Clerk, not later than three months after the end of his fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year, a list of all trouble complaints and network "down time" received or experienced during the fiscal year. All such submitted data shall also include complaint response time and service restoral period. For the purpose of this provision, a certified copy of a "complaint" logbook, reflecting all such incidents, will suffice.
D. 
The grantee shall file annually, as set forth in § 133-23A, herein, with the Town Clerk not later than three months after the end of the fiscal year during which he accepted a franchise hereunder, and within three months after the end of each subsequent fiscal year, a certificate of compliance to the network technical standards.
E. 
The grantee shall file annually with the Town Clerk not later than three months after the end of the fiscal year during which he accepted a franchise hereunder and within three months after the end of each subsequent fiscal year the following supplemental information:
(1) 
If a nonpublic corporation, a list of all current shareholders and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who individually or as a concerned group hold 5% or more of the voting stock of the corporation.
(2) 
A current list of all grantee's officers and directors, including addresses and telephone numbers.
(3) 
Copies of all pertinent agreements of contracts, including pole-use agreements, entered into by the grantee during the fiscal year in the conduct of his business under a franchise granted hereunder.
(4) 
The names, addresses and both business and residential phone numbers of the Telecommunications Network resident manager and engineer.
(5) 
One copy of all types of subscriber agreements as set forth in § 133-15A and F hereunder.
(6) 
Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of his business.
All performance and technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance and dismantling of the cable communications system provided for herein shall be in accordance with all applicable FCC and other federal, state, and local laws and regulations; provided, however, that the Town may require such standards as it deems necessary unless specifically prevented from doing so by law.
The grantee by his acceptance of any franchise awarded hereunder does agree that said franchise is in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee in or pertaining to the installation and operation of a broadband telecommunications network or similar system in the incorporated limits of the Town and the acceptance of such franchise shall also constitute an abandonment by grantee of any and all such rights, privileges, powers, immunities or authorities within the Town, to the effect that, as between grantee and Town, all construction, operation and maintenance by the grantee of any network in the Town shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
A. 
All applicants for a franchise hereunder, upon being designated a grantee, shall file with the Town Clerk within 30 days of such designation written notice of both the location and addresses for mail and official notifications.
B. 
All reports, filings, notifications, and official mail from any grantee hereunder to the Town shall be forwarded to the attention of the Town Clerk, Town Offices, Arbor Vitae, Wisconsin, 54548.
C. 
Anything contained herein to the contrary notwithstanding, the grantee of any franchise awarded hereunder, shall not be required to take any action hereunder which shall be in violation of any statutes, ordinances, rules, or regulations promulgated by either a federal or state regulatory body having competent jurisdiction and grantee shall not be considered as having violated a provision of this chapter; provided, however, that he notifies the Town of such conflict.
D. 
The scope of any franchise granted hereunder shall be deemed amenable from time to time to allow the grantee to innovate and implement new services and developments; provided, however, that no such service or developments be implemented without the expressed prior approval of the Board.
E. 
The grantee of any franchise awarded hereunder shall at all times in the conduct of his business employ ordinary care and install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisances to the public in general.
F. 
Anything contained herein to the contrary notwithstanding the award of any franchise hereunder shall not impart to the grantee any right of property in or on Town-owned property.
G. 
Anything contained herein to the contrary notwithstanding all provisions of this chapter and any franchise granted hereunder shall be binding upon the grantee, his successors, lessees or assignees.
H. 
All programs of broadcasting stations, carried by the grantee, shall be carried as received by the grantee, with announcement and advertisements unaltered or substituted for and without additions except as permitted or required by the Federal Communications Commission or as otherwise permitted by this chapter.
I. 
If, during the term of any franchise granted hereunder, the grantee receives refunds, or if the cost to the grantee is reduced by order of any regulatory body having competent jurisdiction, the grantee shall pass on to his subscribers, on a prorated basis, any such savings or reduced costs, either in a lump sum payment or in the form of reduced monthly charges.
If any section, subsection, sentence, clause, phrase or work of this chapter is, or any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such section, subsection, sentence, clause phrase, or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.