[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:
A subscriber service provided by the grantee for which a
special charge is made based on program or service content or time
of usage.
A commission established and maintained by the Town Board
of Supervisors with powers and duties to be established by the Town
Board.
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.
The Town Board of Supervisors of the Town of Arbor Vitae
and any legally appointed or elected successor or agency.
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.
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.
Coded transmissions primarily digital in nature.
A unit of measure corresponding to a root mean square voltage
of one millivolt across 75 ohms.
The Federal Communications Commission and any legally appointed
or elected successor.
Includes any charge imposed for a franchise whether the object
be regulation or revenue.
All "basic and additional services" offered by the 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.
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.
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.
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."
Is permissive.
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.
Messenger strand as measured from pole to pole without taking
into consideration sag or downguys, and, for buried plant, actual
trench feet.
Includes any sale, exchange, barter or offer for sale.
Each is mandatory.
The State of Wisconsin.
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.
Any person, firm, company, corporation or association receiving
reception service from the grantee.
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."
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.
Transmission primarily analog in nature, including the picture
phase of a television broadcast.
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:
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.
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.
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.
(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.
