[Ord. No. 2012-11-13-06 § 1, 11-13-2012]
A. To the extent permitted by the 2007 Video Services Providers Act,
the Board of Aldermen of the City of Greenwood, Missouri, hereby ratifies
all existing agreements, franchises, Code provisions and ordinances
regulating cable television operators and other video service providers,
and imposes a franchise fee of five percent (5%) on the gross revenues
of all such providers and further declares that such agreements, franchises
and ordinances shall continue in full force and effect until expiration
as provided therein or until pre-empted by the issuance of video service
authorizations by the Missouri Public Service Commission or otherwise
by law, but only to the extent of said pre-emption.
B. It shall be unlawful for any person to provide video services, as defined in Section
610.020, within the City without an agreement, franchise or ordinance approved by the City or a video service authorization issued by the Missouri Public Service Commission.
[Ord. No. 2012-11-13-06 § 1, 11-13-2012]
A.
Definitions. As used
in this Chapter, the following terms shall have the following meanings
unless otherwise defined by context:
FRANCHISE AREA
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier or affiliate thereof.
GROSS REVENUES
The total amounts billed to subscribers or received by an
entity holding a video service authorization from advertisers for
the provision of video services within the City, including:
1.
Recurring charges for video service;
2.
Event-based charges for video service, including, but not limited
to, pay-per-view and video-on-demand charges;
3.
Rental of set-top boxes and other video service equipment;
4.
Service charges related to the provision of video service, including,
but not limited to, activation, installation, repair and maintenance
charges;
5.
Administrative charges related to the provision of video service,
including, but not limited to, service order and service termination
charges; and
6.
A pro rata portion of all revenue derived, less refunds, rebates
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising; but gross revenues do
not include:
a.
Discounts, refunds and other price adjustments that reduce the
amount of compensation received by an entity holding a video service
authorization;
d.
Amounts billed to subscribers to recover taxes, fees or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein;
e.
Fees or other contributions for PEG or I-net support; or
f.
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means.
Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
|
PERSON
An individual, partnership, association, organization, corporation,
trust or government entity.
SUBSCRIBER
Any person who receives video services in the franchise area.
VIDEO SERVICE
The provision of video programming provided through wire
line facilities, without regard to delivery technology, including
Internet protocol technology, whether provided as part of a tier,
on demand or a per-channel basis, including cable service as defined
by 47 U.S.C. Section 522(6), but excluding video programming provided
by a commercial mobile service provider defined in 47 U.S.C. Section
332(d) or any video programming provided solely as part of and via
a service that enables users to access content, information, electronic
mail or other services offered over the public Internet.
VIDEO SERVICE AUTHORIZATION
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
VIDEO SERVICE NETWORK
Wire line facilities, or any component thereof, that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.
B. General Regulations.
1.
A video service provider shall provide written notice to the
City at least ten (10) days before commencing video service within
the City. Such notice shall also include:
a.
The name, address and legal status of the provider;
b.
The name, title, address, telephone number, e-mail address and
fax number of individual(s) authorized to serve as the point of contact
between the City and the provider so as to make contact possible at
any time (i.e., twenty-four (24) hours per day, seven (7) days per
week); and
c.
A copy of the provider's video service authorization issued
by the Missouri Public Service Commission.
2.
A video service provider shall also notify the City, in writing,
within thirty (30) days of:
a.
Any changes in the information set forth in or accompanying
its notice of commencement of video service; or
b.
Any transfer of ownership or control of the provider's business
assets.
3.
A video service provider shall not deny access to service to
any group of potential residential subscribers because of the race
or income of the residents in the area in which the group resides.
A video service provider shall be governed in this respect by Section
67.2707, RSMo. The City may file a complaint in a court of competent
jurisdiction alleging a germane violation of this Subsection, which
complaint shall be acted upon in accordance with Section 67.2711,
RSMo.
4.
A video service provider shall comply with all Federal Communications
Commission requirements involving the distribution and notification
of emergency messages over the emergency alert system applicable to
cable operators.
5.
A video service provider shall, at its sole cost and expense,
indemnify, hold harmless and defend the City, its officials, boards,
board members, commissions, commissioners, agents and employees against
any and all claims, suits, causes of action, proceedings and judgments
("claims") for damages or equitable relief arising out of:
a.
The construction, maintenance, repair or operation of its video
services network;
b.
Copyright infringements; and
c.
Failure to secure consents from the owners, authorized distributors
or licensees or programs to be delivered by the video service network.
Such indemnification shall include, but is not limited to, the City's
reasonable attorneys' fees incurred in defending against any such
claim prior to the video service provider assuming such defense. The
City shall notify the provider of a claim within seven (7) business
days of its actual knowledge of the existence of such claim. Once
the provider assumes the defense of the claim, the City may at its
option continue to participate in the defense at its own expense.
This indemnification obligation shall not apply to any claim related
to the provision of public, educational or governmental channels or
programming or to emergency interrupt service announcements.
C. Video Service Provider Fee.
1.
Each video service provider shall pay to the City a video service
provider fee in the amount of five percent (5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The City may adjust the video service
provider fee as permitted in Section 67.2689, RSMo.
2.
A video service provider may identify and pass through on a
proportionate basis the video service provider fee as a separate line
item on subscribers' bills.
3.
The City, not more than once per calendar year and at its own
cost, may audit the gross revenues of any video service provider as
provided in Section 67.2691, RSMo. A video service provider shall
make available for inspection all records pertaining to gross revenues
at the location where such records are kept in the normal course of
business.
D. Customer Service Regulations.
1.
For purposes of this Section, the following terms shall mean:
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term "normal business
hours" must include some evening hours at least one (1) night per
week or some weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the video service provider. Those conditions which are not within
the control of the video service provider include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the video service provider
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods and
maintenance or upgrade of the video system.
2.
All video service providers shall adopt and abide by the following
minimum customer service requirements.
a.
Video service providers shall maintain a local, toll-free or
collect call telephone access line which may be available to subscribers
twenty-four (24) hours a day, seven (7) days a week.
b.
Video service providers shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an
answering machine. Inquiries received after normal business hours
shall be responded to, by a trained company representative, on the
next business day.
c.
Under normal operating conditions, telephone answer time by
a customer representative, including wait time, shall not exceed thirty
(30) seconds when the connection is made. If the call needs to be
transferred, transfer time shall not exceed thirty (30) seconds. These
standards shall be met no less than ninety percent (90%) of the time
under normal operating conditions, measured on a quarterly basis.
d.
Under normal operating conditions, the customer will receive
a busy signal less than three percent (3%) of the time.
e.
Customer service centers and bill payment locations shall be
open at least during normal business hours and shall be conveniently
located.
f.
Under normal operating conditions, each of the following standards
shall be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
(1) Standard installations shall be performed within
seven (7) business days after an order has been placed. "Standard"
installations are those that are located up to one hundred twenty-five
(125) feet from the existing distribution system.
(2) Excluding conditions beyond the control of the
operator, the video service provider shall begin working on "service
interruptions" promptly and in no event later than twenty-four (24)
hours after the interruption becomes known. The video service provider
must begin actions to correct other service problems the next business
day after notification of the service problem.
(3) The "appointment window" alternatives for installations,
service calls and other installation activities will be either a specific
time or, at maximum, a four-hour time block during normal business
hours. The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.
(4) A video service provider shall not cancel an appointment
with a customer after the close of business on the business day prior
to the scheduled appointment.
(5) If a video service provider's representative is
running late for an appointment with a customer and will not be able
to keep the appointment as scheduled, the customer must be contacted.
The appointment shall be rescheduled, as necessary, at a time convenient
for the customer.
g.
Refund checks shall be issued promptly, but no later than either
(a) the customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or (b) the return
of the equipment supplied by the video service provider if the service
is terminated.
h.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
i.
Video service providers shall not disclose the name or address
of a subscriber for commercial gain to be used in mailing lists or
for other commercial purposes not reasonably related to the conduct
of the businesses of the video service provider or its affiliates
as required under 47 U.S.C. Section 551, including all notice requirements.
Video service providers shall provide an address and telephone number
for a local subscriber to use without toll charge to prevent disclosure
of the subscriber's name or address.
3.
As required by Section 67.2692, RSMo., Sections
610.010 et seq., shall be enforced only as follows:
a.
Each video service provider shall implement an informal process
for handling inquiries from the City and customers concerning billing
issues, service issues and other complaints. If an issue is not resolved
through this informal process, the City may request a confidential
non-binding mediation with the video service provider, with the costs
of such mediation to be shared equally between the City and the video
service provider.
b.
In the case of repeated, willful and material violations of
the provisions of this Section by a video service provider, the City
may file a complaint on behalf of a resident harmed by such violations
with Missouri's Administrative Hearing Commission seeking an order
revoking the video service provider's Public Service Commission authorization.
The City or a video service provider may appeal any determination
made by the Administrative Hearing Commission under this Section to
a court of competent jurisdiction, which shall have the power to review
the decision de novo. The City shall not file a complaint seeking
revocation unless the video service provider has been given sixty
(60) days' notice to cure alleged breaches but has failed to do so.
E. Public, Educational And Government Access Programming.
1.
Each video service provider shall designate the same number
of channels for non-commercial public, educational or governmental
("PEG") use as designated by the incumbent cable operator.
2.
Any PEG channel that is not substantially utilized by the City
may be reclaimed and programmed by the video service provider at the
provider's discretion. If the City finds and certifies that a channel
that has been reclaimed by a video service provider will be substantially
utilized, the video service provider shall restore the reclaimed channel
within one hundred twenty (120) days. A PEG channel shall be considered
"substantially utilized" when forty (40) hours per week are locally
programmed on that channel for at least three (3) consecutive months.
In determining whether a PEG channel is substantially utilized, a
program may be counted not more than four (4) times during a calendar
week.
3.
The operation of any PEG access channel and the production of
any programming that appears on each such channel shall be the sole
responsibility of the City or its duly appointed agent receiving the
benefit of such channel and the video service provider shall bear
only the responsibility for the transmission of the programming on
each such channel to subscribers. The City must deliver and submit
to the video service provider all transmissions of PEG content and
programming in a manner or form that is capable of being accepted
and transmitted by such video service provider holder over its network
without further alteration or change in the content or transmission
signal. Such content and programming must be compatible with the technology
or protocol utilized by the video service provider to deliver its
video services. The video service provider shall cooperate with the
City to allow the City to achieve such compatibility.
4.
The City shall make the programming of any PEG access channel
available to all video service providers in a non-discriminatory manner,
Each video service provider shall be responsible for providing the
connectivity to the City's or its duly appointed agent's PEG access
channel distribution points existing as of August 27, 2007. Where
technically necessary and feasible, video service providers shall
use reasonable efforts and shall negotiate in good faith to interconnect
their video service networks on mutually acceptable rates, terms and
conditions for the purpose of transmitting PEG programming. A video
service provider shall have no obligation to provide such interconnection
to a new video service provider at more than one (1) point per headend,
regardless of the number of political subdivisions served by such
headend. The video service provider requesting interconnection shall
be responsible for any costs associated with such interconnection,
including signal transmission from the origination point to the point
of interconnection. Interconnection may be accomplished by direct
cable microwave link, satellite or other reasonable method of connection
acceptable to the person providing the interconnect.
5.
The franchise obligation of an incumbent cable operator to provide
monetary and other support for PEG access facilities existing on August
27, 2007, shall continue until the date of franchise expiration (ignoring
any early termination by virtue of issuance of a video service authorization)
or January 1, 2012, whichever is earlier. Any other video service
provider shall have the same obligation to support PEG access facilities
as the incumbent cable operator, but if there is more than one (1)
incumbent, then the incumbent with the most subscribers as of August
27, 2007. Such obligation shall be prorated, depending on the nature
of the obligation, as provided in Section 67.2703.8, RSMo. The City
shall notify each video service provider of the amount of such fee
on an annual basis, beginning one (1) year after issuance of the video
service authorization.
6.
A video service provider may identify and pass through as a
separate line item on subscribers' bills the value of monetary and
other PEG access support on a proportionate basis.
F. Compliance With Other Regulations. All video service providers shall
comply with all other applicable laws and regulations.