This chapter shall be known and may be cited as the "City of
Bridgman Cable Television Ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number, include the plural number.
The word "shall" is always mandatory and not merely directory.
BASIC SERVICE
The simultaneous delivery by the grantee to the television,
radio or other appropriate communications receiver of a subscriber
of all signals of over-the-air broadcasters required by the Federal
Communications Commission or this chapter to be carried by the cable
television system of the grantee, together with such additional public,
educational, governmental, leased, or other access channels or signals
as may be likewise required by law, but not including pay or subscription
television as defined by the Federal Communications Commission.
CITY
The City of Bridgman, a political subdivision in Berrien
County, Michigan.
COMMITTEE
Shall consist of two Council members and two citizens, appointed
by the Mayor, which shall be directly responsible for overseeing and
controlling the granting of a franchise pursuant to this chapter,
and for overseeing any franchise which may be granted.
COMMUNITY ANTENNA TELEVISION SYSTEM or CATV or CABLE TELEVISION
SYSTEM
A system employing antenna, microwave, wires, wave guides,
coaxial cables or other conductors, equipment or facilities designed,
constructed or used for the purpose of:
A.
Collecting and amplifying local or distant broadcast television
or radio signals and distributing and transmitting same;
B.
Transmitting original cablecast programming not received through
television broadcast signals;
C.
Transmitting television pictures, film and video tape programs
not received through broadcast television signals, whether or not
encoded or processed to permit reception by only selected receivers;
provided, however, that any of the services permitted hereunder to
be performed as described above shall be those performed by the grantee
for subscribers, as herein defined in the operation of a cable television
or CATV system franchised by the City and not otherwise, and provided
further that such term shall not include any such facility or system
that serves only the residents of one or more apartment dwelling or
commercial establishments under common ownership, control or management.
FRANCHISE
Includes any authorization granted hereunder in terms of
a franchise, privilege, permit, license or otherwise to construct,
operate and maintain a cable television within the City of Bridgman.
FRANCHISE AREA
All the territory within the geographical boundaries of the
City of Bridgman throughout which the grantee shall be authorized
hereunder to construct, maintain and operate its system.
GRANTEE
Any person, firm or corporation receiving the grant of any
franchise hereunder and shall include any lawful successor to the
interest of such person, firm or corporation.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
SUBSCRIBER
A person or organization whose premises are physically wired
to receive any transmission from the system.
USER
A person or organization utilizing a system channel as a
producer, for purposes of production and/or transmission of material,
or as a subscriber, for purposes of receipt of material.
A nonexclusive franchise to install, construct, operate and
maintain a cable television system on streets and public ways within
the City of Bridgman, pursuant to the terms of this chapter and any
amendments hereto, is hereby granted to Michiana Cablevision Corporation,
for the following purposes:
A. Erect, install, construct, repair, replace, reconstruct, maintain
and retain, in, on, over, under, across and along any public street,
alley, way or place now laid out and dedicated and all extensions
thereof such poles, wires, cable, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments and other property as
may be necessary and appurtenant to the CATV system and, in addition,
so to use, operate, and provide similar facilities or properties rented
or leased from other persons, firms, or corporations, including, but
not limited to, any public utility or other grantee of any franchise
of this City.
B. Maintain and operate facilities and properties for the collection,
transmission, conduction, amplification, conversion and distribution
of programs and other services by use of electricity, radiation or
other energy source.
C. Solicit, sell, distribute and make charge to subscribers within the
City for connection to the CATV system of grantee.
In addition to any other franchise limitations hereunder or
as herein provided, the following limitations shall apply to any franchise
granted or renewed by the City Council under this chapter.
A. Nature of franchise. The franchise shall be nonexclusive, and neither
the granting thereof nor any of the provisions contained herein shall
limit, abridge, diminish, alter, or affect the right, privilege, power,
or authority of the City Council, and the City Council herein reserves
and preserves the right to grant any identical or similar or different
franchise to any person, firm or corporation other than grantee, either
within or without or partly within or partly without the franchise
area of any grantee. No privilege or exemption shall be granted or
conferred by any franchise except these specifically prescribed in
this chapter.
B. Subordination of franchise privileges. The grant of any privilege
by any franchise hereunder shall be subordinate to any prior lawful
occupancy of any street or public property or to the grant of any
privilege under my other franchise of prior date, insofar as there
shall be my conflict.
C. Transfer of franchise.
(1) Any franchise granted hereunder shall be a privilege to be held in
personal trust by the original grantee. It cannot in any event be
sold, transferred, leased, assigned, or disposed of in whole or in
part, either by forced or involuntary sale, or by voluntary sale,
merger, consolidation, or otherwise without prior written consent
of the City Council and then only under such conditions as may therein
be prescribed. Notice and request for approval of any proposed sale
or transfer of this franchise must be given to the City Council not
later than 90 days before the proposed sale or transfer. Any such
transfer or assignment shall be made only by an instrument in writing,
such as a bill of sale or similar document, a duly executed copy of
which shall be filed in the office of the City Council within 30 days
after any such transfer or assignment. The proposed assignee must
show financial responsibility as determined by the City Council and
must agree to comply with all the provisions of the franchise and
of this chapter; and provided, further, that no such consent shall
be required for a transfer in trust, mortgage or otherwise, in whole
or in part, to secure an indebtedness, except that when such transfer
shall exceed 50% of the market value of the property used by the grantee
in the conduct of the cable television system, prior consent of the
City Council shall be required for such a transfer. Such a consent
shall not be withheld unreasonably.
(2) Prior approval of the City Council, expressed by resolution, shall
be required where there is an actual change in control or where ownership
of more than 30% of the voting stock of grantee is acquired by a person
or group of persons acting in concert, none of whom already own 30%
or more of the voting stock, singly or collectively.
D. Term of franchise. The franchise granted by the City Council under
this chapter shall be for a term of three years from and after January
1, 1999, unless terminated prior to expiration as herein provided.
Any further franchise renewals shall be subject to the prior approval
of the City Council pursuant to the terms of this chapter.
[Amended 1-11-1999 by Ord. No. 137]
E. Review of franchise. Every five years after the effective date of
the franchise, the Council and the grantee shall jointly review the
performance of the grantee's operation and specifically the City
Council will inquire whether the grantee is supplying a level and
variety of services equivalent to those being generally offered in
the industry in comparable market situations. In the event that grantee
desires to change or modify its obligations under its franchise, it
may negotiate with the City Council to do so at that time. Within
60 days of the conclusion of the review, the City Council and grantee
shall report in public preceding the result of their review and their
conclusions. The City Council may then order unilateral changes in
the franchise rights and obligations of the grantee where said changes
cause no economic impact. Any changes that cause substantial adverse
economic impact shall be the subject of negotiations with grantee.
Any disputes hereunder shall be resolved by arbitrators, one selected
by each party and the third selected by the other two, whose decision
shall be final. The arbitrators are to base their decision what is
fair and equitable to all concerned.
F. Recourse against City. The grantee shall have no recourse or remedy
whatsoever against the City for any loss, cost, expense, or damage
arising out of or with respect to any franchise hereunder, or this
chapter, or the enforcement thereof.
G. Rules and regulations. The grantee shall be subject to all ordinances,
rules, regulations, and specifications of the heretofore or hereafter
established, including, but not limited to, those pertaining to works
and activities in, on, over, under and about streets.
H. Prohibited activities of grantee. The grantee shall be prohibited
from directly or indirectly doing any of the following:
(1) Engaging in the business of selling at retail, leasing, renting,
repairing or servicing of television sets or radios;
(2) Soliciting, referring, or causing or permitting the solicitation
or referral of any subscriber to persons engaged in any business herein
prohibited to be engaged in by the grantee;
(3) Providing information concerning the viewing patterns of identifiable
individual subscribers to any person, group or organization for any
purpose, without the consent of the owner;
(4) Entering or encroaching upon or interfering with or obstructing any
private property without the express consent of the owner;
(5) Providing any repair service to its subscribers for a fee, which
repair extends beyond the connection of its service or the determination
by the grantee of the quality of its signals to the recipients thereof;
(6) Permitting its cable or other operations to interfere with television
reception of persons not served by the grantee, nor shall the system
interfere with, obstruct or hinder in any manner the operation of
other utilities serving the residents of the City.
The grantee of a franchise to construct, operate or maintain
any CATV system in the City of Bridgman shall file with the City Clerk,
not later than the date of its acceptance of the franchise, the following:
A. The name, address and telephone number of the grantee.
B. A detailed statement of the corporate or other business entity organization
of the applicant, including, but not limited to, the following:
(1) The names, residence addresses and business addresses of all officers,
directors and partners or business associates of the grantee.
(2) The names, residence addresses and business addresses of all persons
and entities having an ownership interest in the grantee and the respective
ownership share of each such person or entity.
(3) The names and addresses of any parent or subsidiary of the grantee
and of any other business entity owning or controlling in whole or
in part or owned or controlled in whole or in part by the grantee,
and a statement describing the nature of any such parent or subsidiary
business entity, including, but not limited to, all CATV or similar
systems owned or controlled by the grantee, its parent or subsidiary
and the area served thereby.
(4) A detailed and complete financial statement of the grantee prepared
by certified public accountant, for the fiscal year next preceding
the date of the franchise hereunder, or a letter or other acceptable
evidence, in writing, from a responsible lending institution or funding
source, addressed to both the grantee and the City Council, containing
a clear statement of its intent as a lending institution or funding
source to provide whatever capital shall be required by the grantee
to construct and operate the proposed system in the City, or a statement
from a certified public accountant, certifying that the grantee has
available sufficient free, net and uncommitted cash resources to construct
and operate the proposed system in this City.
C. A detailed description of the plan of operation of the grantee, which
shall include, but not be limited to, the following:
(1) A detailed map indicating all areas proposed to be served, routes
to be taken, a diagram of the equipment which will be exposed and
a time schedule for the installation of all equipment necessary to
become operational throughout the entire area to be served.
(2) A detailed statement describing the actual equipment and operational
standards to be used by the grantee.
D. A copy of the form of any agreement, undertaking or other instrument
to be entered into between the grantee and any subscriber.
E. Any other information pertinent to the grant of the franchise and
requested by the City Council.
It shall be the policy of the City to liberally amend this franchise,
upon application of the grantee, when necessary to enable the grantee
to take advantage of any developments in the field of transmission
of data communication television and radio signals which will afford
it an opportunity to more effectively, efficiently or economically
serve its subscribers. This section shall not, however, be construed
to require the City to make any amendment nor to prohibit it from
unilaterally changing its policy stated herein. The grantee shall
use its best efforts to upgrade its facilities, equipment and services
so that its system is as advanced as the current state of technology
will allow.
This franchise is granted by the Bridgman City Council to the
grantee purely for the purpose of using easements, streets and highways
of the City to erect and construct the grantee's system and is
not intended to convey any copyright or patent privileges whatsoever.
Failure, refusal, or neglect by the grantee to comply with any
of the requirements herein, or any term or condition of a franchise
issued hereunder shall be sufficient cause for termination of any
franchise by the City as follows: The City shall notify the grantee
of its intention to terminate the franchise and give the reasons therefor.
Said notice shall provide that the grantee may cure its default within
30 days and advise the grantee that failure to do so will be cause
for revocation of the franchise granted hereunder.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be 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.
If the grantee accepts the franchise herein granted, then the
grantee shall assume the cost of publication of this chapter, as such
publication is required by law. Upon the grantee's acceptance
of the franchise as provided herein, the City Clerk shall present
the bill for publication to the grantee, which the grantee shall pay
at the time. In addition, grantee shall pay the cost of publication
of any notice which is required to be published pursuant to this chapter.
This chapter was adopted at a regular meeting of the Bridgman
City Council on the 17th day of January 1983, and shall become effective
in 20 days and is ordered to be given publication in the manner prescribed
by the City Charter. Effective: February 6, 1983.