[Adopted 5-23-1979 (Ch.
31 of the 1978 General Ordinances)]
[Amended 10-11-1989]
This article shall be known as the "City of Lapeer Community
Antenna Television Franchise Ordinance to C-TEC Cable Systems of Michigan,
Inc."
The purpose of this article is to provide for the issuance of a nonexclusive franchise for the regulation and control of Community Antenna Television (CATV) Systems in the City of Lapeer, pursuant to Chapter 14 of the Charter of the City of Lapeer, as revised.
As used in this article, the following terms shall have the
meanings indicated:
The simultaneous delivery by the Company to television receivers
of subscribers of all signals of over-the-air television broadcasters
required by the FCC to be carried by a Community Antenna Television
System; the Company channels; City channels; public channels; and
at least five additional channels at the option of the Company, or
as directed by the City.
[Amended 11-16-1983]
A band of frequencies in the electromagnetic spectrum that
is capable of carrying either one audio-video television signal and
a number of non-video signals, or several thousand non-video signals.
The City of Lapeer, a Michigan municipal corporation.
A channel on the system which is reserved by this article
for use by the City or reserved for City use by the allocation or
reallocation of channels.
Any facility that, in whole or in part, receives directly
or indirectly, over the air, or otherwise, and amplifies or otherwise
modifies the signals transmitting programs broadcast by one or more
television or radio stations as well as signals transmitting any information
of any kind whatsoever and distributes such signals by wire or cable,
or otherwise to the public.
C-TEC Cable Systems of Michigan, Inc. or any other person,
firm, or corporation being holder of a franchise to operate CATV system
in the City of Lapeer.
[Amended 10-11-1989]
A channel on the system which is reserved by this article
for the carriage of program material originated by the Company or
by another person in accordance with the FCC's cablecasting rules
and regulations.
The simultaneous delivery of at least four additional (or
at least nine total) channels by the Company in addition to services
provided by cable TV service.
[Amended 11-16-1983]
The Federal Communications Commission.
The grant of authority to the Company to operate a CATV system
in the City of Lapeer.
The total revenues received by the system from subscribers
to its services who are located in the City of Lapeer and includes
all forms of consideration, such as initial lump sum payments or connection
charges.
The simultaneous delivery by the Company to television receivers
of 12 over-the-air TV channels as required by the FCC to be carried
by a community antenna television system.
[Amended 11-16-1983]
An arrangement under which a charge is made to a television
receiver for receiving a particular television program.
Person, firm, corporation, or association, and any other
legally recognized entity.
The delivery by the Company to television receivers of subscribers
certain individual channels not included in and in addition to the
cable TV services.
[Amended 11-16-1983]
A channel on the system which is reserved for carriage of
program material provided by persons who lease channel time from the
Company for the presentation of programs in accordance with this article.
A purchaser of any service delivered over the system to an
individual dwelling unit, where the service is not to be utilized
in connection with a business, trade, or profession.
Streets, avenues, highways, boulevards, concourses, driveways,
bridges, tunnels, parks, parkways, waterways, alleys, all other public
rights-of-way, and public grounds or waters within or belonging to
the City.
A.
The transfer of franchise
from Centel Cable Television Company of Michigan is approved, and
there is hereby awarded to C-TEC Cable Systems of Michigan, Inc.,
a nonexclusive franchise for the occupation or use of the streets
within the City for the construction, operation and maintenance of
a CATV system.
[Amended 10-11-1989]
B.
This franchise shall become effective on the date ratified by the Company in writing after having been awarded by the Commission in accordance with applicable law. It shall remain effective until December 31, 1996, unless sooner terminated as herein provided in § 26-34.
[Amended 8-14-1996]
C.
Nothing in this article shall affect the right of the City to grant
to any other person a franchise to occupy and use the streets or any
part thereof for the construction, operation, and maintenance of a
CATV or similar facility within the City, and the Company shall not
take a legal position contesting the Commission's right to authorize
such use of the streets or any part thereof; provided, however, that
the City shall give the Company no less than two weeks' notice
of the hearing date of any application for any additional franchise,
to another, and nothing contained in this article shall prohibit the
Company from appearing before the Commission and being heard on any
application for any additional franchise to another.
A.
The franchise granted hereunder shall be subject to the right of
the City by resolution of a majority of its governing body to revoke
the franchise at will.
B.
Any franchise granted hereunder shall be subject to all applicable
provisions of City ordinances, and the City Charter, and any amendments
thereto, whether made prior to or after the inception of the franchise.
C.
Any franchise granted hereunder shall be subject to all applicable
state and federal laws, including rules and regulations promulgated
by the FCC.
A franchise granted pursuant to this article applies only to
the operation of a CATV system as provided for herein, and does not
take the place of any other franchise, license, or permit which might
be required by federal, state, or local law.
A.
Each franchise granted pursuant to this article is nontransferable
by the holder of the franchise to any other person, except with the
express approval of the Lapeer City Commission and meeting all terms,
conditions, and requirements of the Code of the City of Lapeer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
A franchise issued pursuant to this article shall automatically terminate where ownership or control of more than 25% of the right of control of the holder of the franchise is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of such right of control, singularly or collectively, and an application for a new franchise shall be made or said franchise transferred pursuant to § 26-36A.
A.
Subject to the provisions and restrictions of this article and the
Code of the City of Lapeer, the Company shall have the right to construct,
erect, operate and maintain, in, upon, along, across, above, over
and under the streets, alleys, public ways and public places now laid
out or dedicated, and all extensions thereof, and additions thereto,
in the City of Lapeer, poles, wires, cables, underground conduits,
manholes and other conductors and fixtures necessary for the maintenance
and operation in the City of Lapeer a CATV system.
B.
To lease, rent, or in any other lawful manner, obtain the use of
towers, poles, lines, cables, and other equipment and facilities from
any and all holders of public licenses and franchises within the corporate
limits of the City of Lapeer, including, but not limited to, Consumers
Power Company, Detroit Edison Company and Michigan Bell Telephone
Company, and to use same on such terms as agreed upon subject to all
existing and future ordinances of the City. The poles used for the
Company's distribution system shall be those erected and maintained
by Consumers Power Company, Detroit Edison Company and/or Michigan
Bell Telephone Company when and where applicable, providing mutually
satisfactory rental arrangements can be entered into with said companies.
A.
All transmission and distribution structures, lines and equipment
erected by the Company within the City shall be so located as to cause
minimum interference with the proper use of streets, alleys and other
public ways and public places and to cause minimum interference with
the rights and reasonable convenience of property owners who adjoin
any of the said streets, alleys or public ways and public places.
B.
In case of disturbance of any street, sidewalk, alley, public way
or paved area, the Company shall, at its own cost and expense and
in a manner approved by the Lapeer City Manager or the Manager's
representative, replace and restore such street, sidewalk, alley,
public ways or paved area in as good a condition as it was in before
the work involving such disturbance was done.
C.
If, at any time during the period of a franchise granted pursuant
to this article, the City shall lawfully elect to alter or change
the grade of any street, sidewalk, alley or other public way, the
Company, upon reasonable notice by the City, shall remove, relay,
and relocate its poles, wires, cables, underground conduits, manholes
and other fixtures at its own expense.
D.
Any poles or other fixtures placed in any public way by the Company
shall be placed in such a manner as not to interfere with the usual
travel on such public way.
E.
The Company shall, on the request of any person holding a building-moving
permit issued by the City, temporarily raise or lower its wires to
permit the moving of buildings. The expense of such temporary removal
or raising or lowering of wires shall be paid by the person requesting
the same, and the Company shall have the authority to require such
payment in advance. The Company shall be given not less that 48 hours'
advance notice to arrange for such temporary wire changes.
F.
The Company shall, after giving notice to and obtaining the approval
of the Lapeer City Manager or the Manager's representative, have
the authority to trim trees upon and hanging over streets, alleys,
sidewalks, and public ways and places of the City so as to prevent
the branches of such trees from coming in contact with the wires and
cables of the CATV System, except that at the option of the Lapeer
City Manager, such trimming may be done by the City or under the supervision
and direction of the City at the expense of the Company.
G.
In all sections of the City where the cable, wires or other like
facilities are placed underground, the Company shall place its cables,
wires or other like facilities underground to the maximum extent that
existing technology reasonably permits the Company to do so.
A.
The company shall at all times employ ordinary care and shall install
and maintain in use commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
B.
The Company shall install and maintain its wires, cables, fixtures
and other equipment in accordance with all applicable federal, state
and local laws and rules and regulations, and in such manner that
they will not interfere with any installations of the City or of a
public utility serving the City.
C.
All structures and all lines, equipment, and connections in, over,
under and upon the streets, sidewalks, alleys and public ways or places
of the City, wherever situated or located, shall at all times be kept
and maintained in a safe, suitable, substantial condition, and in
good order and repair.
A.
No poles or other wire holding structures shall be erected by the
Company without prior approval of the Lapeer City Manager with regard
to location, height, type and any other pertinent aspect. However,
no location of any pole or wire-holding structure of the Company shall
be a vested interest and such pole and structure shall be removed
or modified by the Company at its own expense whenever the Lapeer
City Manager determines that the public convenience would be enhanced
thereby.
B.
Where poles or other wire-holding structures already in existence
for the use in serving the City are available for use by the Company,
but it does not make arrangements for such use, the Lapeer City Manager
may require the Company to use such poles and structures if said Manager
determines that the public convenience would be enhanced thereby and
terms of the use available to the Company are just and reasonable.
C.
Where the City or a public utility serving the City desires to make
use of the poles or other wire holding structures of the Company,
but agreement therefor with the Company cannot be reached, the City
may require the Company to permit such use for such consideration
and upon such terms as the City, through its governing body, shall
determine to be just and reasonable, if said governing body determines
that the use would enhance the public convenience and would not unduly
interfere with the Company's operation.
A.
The City shall have the right to install and maintain free of charge
upon the poles and cables of the Company any wire and pole fixtures
necessary for a police or fire alarm system, on the condition that
such wire or pole fixtures do not interfere with the cable communications
operations of the Company and that such installations shall be installed
in a safe manner in conformance with state and City regulations.
B.
The City shall have the right to supervise all construction or installation
work performed subject to the provisions of this article and make
such inspections as it shall find necessary to insure compliance with
the terms of the article and all other pertinent provisions of law.
At the expiration of this franchise or upon its termination or cancellation,
as provided for herein, the City shall have the right to require the
Company to remove at its own expense all portions of the cable communications
systems from all public streets, alleys, ways, and areas within the
City.
The Company shall, on or before the first day of April of each
year, file with the City Clerk true and accurate maps or plats, showing
the location of all existing and proposed installations, which shall
include all receiving and transmitting stations, all trunklines, whether
leased or owned outright, feeder lines, whether leased or owned outright,
and attached to such maps or plats shall be a list by address of current
subscribers.
The Company shall comply with all rules and regulations, both
present and future, of the United States Federal Communications Commission
with respect to the reception, carriage and distribution of signals.
A.
The facilities used by the Company shall be capable of distributing
color TV signals, and when the signals the Company distributes are
received in color by the Company, they shall be distributed in color
by the Company.
B.
The Company shall produce a picture, whether in black and white or
in color, that is undistorted, free from ghost images, and accompanied
with proper sound on typical standard production television sets in
good repair and as good as the state of the art allows, and shall
transmit signals of adequate strength to produce good pictures with
good sound at all outlets without causing cross-modulation in the
cables or interfering with other electrical or electronic systems.
For purposes of the section, the standards to be applied in determining
whether or not the Company is producing a good picture or transmitting
signals of adequate strength to produce same are those acceptable
standards as set forth in the rules and regulations of the Federal
Communications Commission relative to community antenna television
systems as amended or as shall be amended hereafter.
C.
The Company shall demonstrate by instruments and otherwise to subscribers,
upon request, that a signal of adequate strength and quality is being
delivered. Such demonstration shall be made by taking a standard production
television set with a screen of sufficient area as to clearly demonstrate
the relative merit of the receiving signal.
A.
The Company shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as is possible, shall be preceded
by notice and shall occur during periods of minimum use of the System.
B.
The Company shall maintain an office in the City, or in a location
acceptable to the City, which shall be open during all usual business
hours, have a listed telephone, and be so operated that complaints
and requests for repairs or adjustments may be received at any time,
24 hours each day.
C.
The Company shall limit failures to a minimum by locating and correcting
malfunctions promptly, but in no event longer than 24 hours after
receiving notice of same; should it be impossible or impractical to
correct any such malfunctions within 24 hours or less, then each subscriber
whose television reception is so disrupted shall receive a rebate
from the Company in the amount of $0.25 for every additional twenty-four-hour
period, or any portion thereof, that said subscriber's television
reception is so disrupted, unless the Company can show to the satisfaction
of the Lapeer City Manager that said disruption in service was entirely
beyond its control. Provided, however, that the rebate to any subscriber
under this section, in any month, shall not exceed said subscriber's
normal monthly fee paid to the Company. In the event a disruption
of service, for any reason, extends beyond three days from the time
the Company is notified of such disruption, affected subscribers shall
receive a rebate as herein provided above.
D.
The Lapeer City Manager shall be the official of the City having
primary responsibility for the continuing administration of the franchise
and implementation of any reasonable complaint procedures.
E.
Any complaint procedures implemented by the Lapeer City Manager,
in addition to any procedures outlined in this article, shall be given
to each subscriber by the Company at the time of initial subscription
to the CATV System.
A.
The rates and charges for television and radio signals distributed
hereunder shall be fair and reasonable and no higher than necessary
to meet all costs of service within the City (assuming efficient and
economical management), including a fair return on the original cost
within the City, less depreciation, of the properties devoted to such
service within the City.
B.
The following maximum rates and charges are hereby authorized and
shall not be increased by the Company without prior approval of the
Lapeer City Commission following a public hearing. The Company shall
have the right to discount these rates and charges.
[Amended 11-11-1983]
(1)
One-time charges:
[Amended 11-30-1983]
(a)
Initial service connection: $20.
(b)
Upgrading, downgrading, or switching converters requiring a
company technicians' visit to the subscriber's premises:
$10.
(c)
Installation of additional services, not covered above, ordered
after the initial connection of any of the above services, including
multiple outlets, FM or stereo connections, relocation of outlets,
or the addition of remote control switches: $10.
(d)
Reconnection services: $10.
C.
The community shall receive no consideration whatsoever for, or in
connection with, its service to its subscribers other than in accordance
with this section.
D.
If, in the future, the State of Michigan regulates the rates of the
Company for the services provided under this article, this section
shall be of no effect during such state regulation to the extent of
any conflict therewith.
E.
The Company shall bill subscribers no more than one month in advance
of the services being provided.
[Amended 11-16-1983]
F.
The Company shall keep the Lapeer City Commission advised of channels
delivered for the above services and regular discounts offered.
[Amended 11-16-1983]
A.
The Company shall extend the installation of cables, amplifiers and
related equipment throughout the City as rapidly as is practicable.
Within three years from the effective date of this franchise, the
Company's trunkline installations of cables, amplifiers, and
related equipment shall be capable of providing basic service to every
City dwelling unit. Thereafter, the Lapeer City Commission may impose
such further construction obligations as are necessary to bring basic
service to any building within the City.
B.
The Company shall apply the FCC certification within 30 days from
the effective date of this article.
C.
Within one year from the date of certification from the FCC, the
Company shall be providing basic service on a regular basis to at
least 300 residential subscribers.
D.
As soon as possible, but in no event later than two years from the
effective date of this franchise, the Company shall transmit over
the system the signals of all channels, both VHF and UHF, as may be
required by the FCC.
E.
Initial channels.
(1)
Initial channel capacity of the system (utilizing no less than 20
channels) shall be as follows:
(2)
The initial channel use authorized in this subsection shall be subject
to allocation or reallocation subject to representations to the Lapeer
City Commission as to the proper allocations to be made in light of
the developments in the state of the art, the use of CATV as communications,
educational, and entertainment media, and subject to the regulations
of the FCC.
F.
The Company shall transmit and deliver over City channels the signals
designated therefor by the Lapeer City Commission.
G.
The Company shall provide basic service to one outlet on each floor
of all existing or future police and fire stations, the Lapeer City
Hall, and all public and private schools located in the City, without
any charge therefor.
H.
In the event of an emergency situation, the City may interrupt signals
otherwise being distributed by the Company for the delivery of signals
necessitated by such emergency.
I.
In the operation of its system, the Company shall not interfere in
any way with the signals of any electrical system located in buildings
which house any part of the system, and shall not deprive an inhabitant
of any building, by contract or otherwise, of any existing right to
use an individual or master antenna for the purpose of receiving television
signals.
A.
The Company shall maintain throughout the term of its franchise,
liability insurance insuring the City and the Company with regard
to all damages for which the City and/or the Company may be liable,
including, but not limited to, damages arising out of copyright infringement
and all other damages arising out of the installation, operation,
maintenance or removal of the cable communications system that is
the subject of this franchise, whether or not any act or omission
complained of is authorized, allowed or prohibited by this article.
B.
The liability insurance referred to in Subsection A of this section shall be in the following minimum amounts:
(1)
Five hundred thousand dollars for bodily injury or death to any one
person, within limits, however, of $1,000,000 for bodily injury or
death resulting from any one accident;
(2)
Five hundred thousand dollars for property damage resulting from
any one accident;
(3)
Five hundred thousand dollars for infringement of copyright;
(4)
Five hundred thousand dollars for all other types of liability.
C.
The Company shall pay, and by its acceptance of this franchise, the
Company agrees that it will pay as a result of granting this franchise,
and the Company shall save the City harmless from any and all liability
arising out of this franchise, the granting of the same or the operation
of the system hereunder. The Company shall pay for expenses incurred
by the City in defending itself with regard to all damages and penalties
which the City may be required to pay as a result of granting this
franchise, including, but not limited to, all reasonable investigation,
witness, and attorney fees.
D.
The Company shall maintain throughout the term of its franchise,
a faithful performance bond running to the City and to the subscribers
of a CATV system, with at least two good and sufficient sureties approved
by the City, in the penal sum of $75,000, conditioned that the Company
shall well and truly observe, fulfill and perform each term and condition
of the bond, and all damages proximately resulting from the failure
of the Company to well and faithfully observe any provisions of this
article shall be recoverable by the City from the principal and sureties.
E.
The insurance policies and bond obtained by the Company in compliance
with this section must be approved by the Lapeer City Commission and
such insurance policy and bond, along with written evidence of payment
of required premiums, shall be filed with the Lapeer City Clerk.
F.
The City shall annually review the above insurance and bond provision;
and, if it is determined that the insurance coverage and performance
bond is inadequate, additional insurance and/or bond may be required
as reasonable determined by the Lapeer City Commission and shall be
provided by the Company.
[Amended 10-11-1989]
Commencing one year from the effective date of this article,
and each year thereafter, the Company shall pay to the Lapeer City
Clerk a franchise fee equal to 5% of the Company's gross subscriber
revenues or $1,000, whichever is greater.
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional,
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
Any person, persons, firm, association, or corporation violating
any of the foregoing provisions of this article shall, upon conviction
thereof, be sentenced to pay a fine of not exceeding $500 or by imprisonment
for not more than 90 days in the Lapeer County Jail, or by both such
fine and imprisonment, in the discretion of the court.
[Amended 11-16-1983]
The Company shall provide within 60 days following the conclusion
of each franchise year an annual report showing the yearly total gross
subscriber revenues and payments to the City. This report shall be
submitted with such other reasonable information as will clearly reveal
the extent of the applicant's CATV operations, including investment
in CATV facilities, revenues and expenses of operations within the
City of Lapeer.
