[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:
CABLE TV SERVICE
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]
CHANNEL
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.
CITY
The City of Lapeer, a Michigan municipal corporation.
CITY CHANNEL
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.
COMMUNITY ANTENNA TELEVISION SYSTEM, CATV or SYSTEM
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.
COMPANY
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]
COMPANY CHANNEL
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.
EXPANDED CABLE TV SERVICE
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]
FCC
The Federal Communications Commission.
FRANCHISE
The grant of authority to the Company to operate a CATV system
in the City of Lapeer.
GROSS SUBSCRIBER REVENUES
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.
MINI-BASIC SERVICE
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]
PAY TELEVISION or PAY TV
An arrangement under which a charge is made to a television
receiver for receiving a particular television program.
PERSON
Person, firm, corporation, or association, and any other
legally recognized entity.
PREMIUM CHANNEL SERVICE
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]
PUBLIC CHANNEL
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.
RESIDENTIAL SUBSCRIBER
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
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 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.
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.
[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.