For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning herein, unless
the context clearly indicates that another meaning is intended. 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.
AGENCY
The Hyattsville Cable Television Commission.
[Amended 10-19-1981 by
HB No. 22-81]
AUXILIARY SERVICES
Any communications service in addition to regular subscriber
services, including but not limited to pay television, burglar alarm
service, data transmission, facsimile service, home shopping service,
etc.
CABLE TELEVISION SYSTEM or CATV SERVICE
Any facility that, in whole or part, receives, directly or
indirectly, over the air and amplifies or otherwise modifies the signals
transmitting programs broadcast by one or more television or radio
stations and distributes such signals by wire or cable to subscribing
members of the public who pay for such service.
CHANNEL
A band of frequencies six megahertz wide in the electromagnetic
spectrum capable of carrying either one audio-visual television signal
or a few nonvideo signals or a large number of nonvideo signals.
FRANCHISE
An authorization granted by the City which permits the construction,
operation and maintenance of a cable television system within the
franchise area under terms not inconsistent with this ordinance.
FRANCHISE AREA
That portion of the franchise entity for which a franchise
is granted under the authority of this ordinance. The "Franchise Area"
may or may not be coterminous with the franchise entity.
FRANCHISE ENTITY
The City of Hyattsville, Maryland, as presently constituted,
and including any area henceforth added thereto during the terms of
any franchise granted hereunder.
GRANTEE
Any entity, its successors, heirs or assigns who shall be
awarded a franchise in accordance with the provisions of this ordinance.
GROSS REVENUES
Revenues derived, directly or indirectly, by a grantee from
both regular subscriber service and auxiliary service.
GROSS SUBSCRIBER REVENUES
Those revenues derived, directly or indirectly, by a grantee
from the supplying of regular subscriber service, which are the installation
fees, disconnect and reconnect fees and fees for regular cable benefits,
including the transmission of broadcast signals and access and origination
channels if utilized. It does not include revenues derived from auxiliary
services or from any taxes, whether or not passed on to users, per-program
or per-channel charges, leased-channel revenues, advertising revenues
or any other income derived from the system.
MAJOR STOCKHOLDER
A beneficial owner, directly or indirectly, of 10% or more
of the issued and outstanding voting stock of any corporation.
PERSONS
Any people, firms, corporations, associations or other legally
recognized entities.
PUBLIC WAY
The surface of and the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement and any other public ground or water subject
to the jurisdiction and control of the franchise entity.
REGULAR SUBSCRIBER SERVICE
That service regularly provided to all subscribers. It includes
all broadcast signal carriage and FCC-required access channel carriage,
including origination programming. It does not include specialized
programming for which a per-channel charge is made.
SUBSCRIBER
Any person receiving regular subscriber service.
Any CATV system to be constructed by a grantee shall be installed,
maintained and operated at all times in full compliance with the technical
and channel capacity standards of the Federal Communications Commission.
The results of annual performance tests conducted in accordance with
Sec. 76.601(c), FCC rules, or such other section of the rules as shall
incorporate its substance, shall be retained for at least five years
and available for inspection by the City.
The grantee shall at all times:
A. Install and maintain its wires, cables, fixtures and other equipment
in accordance with the requirements of the City and County Building,
Electrical, Fire, Health and Plumbing Codes and in such manner that
they will not interfere with any installations of the City.
B. Keep and maintain in a safe, suitable, substantial condition and
in good order and repair all structures, lines, equipment and public
ways or places of the City wherever situated or located.
Throughout the life of its franchise, a grantee shall:
A. Maintain all parts of its system in good condition and in accordance
with standards generally observed by the cable television industry.
Sufficient employees shall be retained to provide safe, adequate and
prompt service for all of its facilities.
B. Maintain a conveniently located business office and service center
to which subscribers may telephone without incurring added message
units or toll changes. This office shall be open during all usual
business hours and shall be so operated that compliance complaints
and requests for repairs or adjustments may be received by telephone
at any time when any television signals are being broadcast.
C. Dispatch personnel to investigate all service complaints and equipment
malfunctions within 24 hours and strive to resolve such complaints
as promptly as possible. Planned interruption of service shall be
only for good cause. Insofar as possible, planned service interruptions
shall be preceded by notice, shall be of brief duration and shall
occur during minimum viewing hours.
D. Maintain a complete list of all complaints received and the measures
taken to resolve them in a form to be approved by the agency. This
list shall be available to the agency upon request.
E. Permit the agency to inspect and test the system's technical
equipment and facilities upon reasonable notice (12 to 24 hours).
Concurrently with the acceptance of its franchise, a grantee
shall file with the City a bond with an acceptance surety in an amount
designated by the City to indemnify the City against any losses it
may suffer in the event that the grantee fails to comply with one
or more of the provisions of its franchise. Said bond shall be obtained
at the sole expense of the grantee and remain in effect for the full
term of the franchise or any renewal thereof, plus an additional six
months thereafter.
The City shall be entitled to collect a franchise fee in such
amount as may be, from time to time, established by the Council for
each franchise granted.
The City shall be empowered to include as part of any franchise
such terms and conditions as it deems beneficial to the subscribers
in the franchise area, including the regulation of rates charged to
such subscribers.
[Amended 9-19-1994 by
HB No. 9-94]
The Council shall establish the duration of each franchise granted
under this ordinance and the terms and conditions for any renewal
thereof. Upon the written request of a franchisee and the furnishing
of information in support of the granting of such request as being
in the best interest of subscribers, the Council shall have the power
to extend an existing franchise for a period of time less than that
of the franchise as originally granted.
It shall be unlawful for any person to make or use any unauthorized
connection, whether physically, electrically, acoustically, inductively
or otherwise, with any part of a franchised cable television system
within the City for the purpose of enabling himself or others to receive
any television signal, radio signal, picture, program or sound without
authorization of the grantee or owner of said system.
This ordinance shall not prohibit the erection or continued
use of individual television antennas nor require any person to receive
cable television service or connect with a cable television system.
The Council shall have the right to delegate any right, benefit,
duty, obligation or power under this ordinance to the agency or any
employee, officer or department of the City.
The Council shall have the authority to promulgate such rules
and regulations as are necessary to implement, administer and enforce
this ordinance and any franchise granted hereunder.
In addition to the rights and powers pertaining to the City
contained in any franchise, the City shall have the right to terminate
and cancel a franchise if the grantee refuses to obey any duly promulgated
In addition rule, order or promulgation of the Council or agency made
pursuant to a franchise; becomes involvement, unable or unwilling
to pay its debts or is adjudged bankrupt; or attempts to evade any
of the provisions of a franchise or practices any fraud or deceit
upon the City; provided, however, that, before any franchise may be
terminated.