The Grantee shall be subject to the following restrictions and
conditions with regard to the operation of the System, which conditions
and restrictions shall be in addition to any other subsections of
this Section or other Sections of the Municipal Code.
(A)
Cables, wires and other equipment in connection with such System
shall only be installed and operated on or under the public rights
of way upon the poles, or in underground conduit and equipment of
the existing utilities within the Town and their successors, or assigns,
where conduits exist and where space in installed conduits is available.
Installation of any additional poles, conduit or other equipment for
the installation of cables, wires, or other overhead equipment and
underground equipment in public rights-of-way in connection with the
said System shall be subject to the authorization of the Town Board
or its designated representative. In reaching a decision as to such
additional poles or equipment, the suggestions, if any, of the utility
companies servicing or planning to serve such area may be considered.
Underground installation shall always be preferred, provided however
the Grantee may construct its plant aerial so long as there is one
utility aerial.
(B)
Such wires, cables and other underground or overhead equipment
shall be located as may be required of telephone companies or power
lines by the Public Service Commission of Wisconsin. All equipment
shall be grounded in the same manner as required by the State of Wisconsin
Electrical Code for electrical services existing on the date of installation
of any equipment.
(C)
The Grantee shall pay all costs incurred by the Town in the
event of the necessity of restoration of the public rights-of-way
as a result of the Grantee's construction of its System or its
operation. The grantee and the Town shall coordinate the restoration
of the public rights-of-way if it becomes necessary for the Grantee
to open or otherwise disturb said public rights-of-way. The grantee
will also pay all costs incurred by the Town in regards to the regulation
of the cable television system, if any.
(D)
The Grantee shall, at its own expense, protect, support, temporarily
or permanently disconnect, relocate in the same public right-of-way,
or remove from a public right-of-way, any property owned or used by
the Grantee if required by the Town for reasons of traffic conditions,
public safety, street vacation, freeway and street construction, change
or establishment of street grade, installation of sewers, drains,
water pipes, power lines and tracts or any other type of structures
or improvements by governmental agencies when acting in a governmental
capacity. The Town shall provide the Grantee notice of its intention
to make changes which might otherwise cause Grantee expense pursuant
to this paragraph and the Grantee shall have an opportunity to comment.
(E)
The Grantee shall, upon the request of any person holding a
building moving permit issued by the Town, temporarily raise or lower
its lines or disconnect or take them down to permit the moving of
buildings. The expense of such removal, raising or lowering of wires
shall be paid by the person requesting the same, and the Grantee shall
be given not less than three working days' advance notice to
arrange for such temporary wire changes.
(F)
All installations by the Grantee of cables and incidental equipment
shall comply in all respects with all laws, ordinances, rules and
regulations of the Federal Communications Commission, the State of
Wisconsin or any agency or department thereof, and of the Town or
any agency or department thereof, now or hereafter in effect.
(G)
The Grantee shall provide and maintain its equipment in such
condition and of such quality so that none of its service will adversely
affect radio and television reception.
(H)
Installation and maintenance of equipment shall be such that
standard color signals shall be transmitted with reasonable and acceptable
fidelity to all subscribers.
(I)
The Grantee shall not directly or indirectly require or solicit
of any subscriber the patronage of any designated person or company
engaged in the servicing, sale or repair of television receivers.
The foregoing shall not apply to the repair or adjustment of equipment
which is part of the System of the Grantee. Nothing in this paragraph
shall preclude Grantee from advertising or selling any merchandise
or services.
(J)
The Grantee shall submit to inspections by duly authorized personnel
of the Town and shall make available to such inspectors or duly authorized
personnel its facilities and equipment wherever situated. The Town
reserves the right to enact reasonable regulations regarding the installation
and maintenance of the facilities of the Grantee.
(K)
The Grantee shall have the authority to trim trees upon and
overhanging public rights-of-way of the Town so as to prevent the
branches of such trees from coming in contact with the wires and cables
of the Grantee, except that at the option of the Town, such trimming
may be done by it or under its supervision and direction.
This franchise may be transferred, assigned or sold only with
the written consent of the Town Board and approved only if the transferee,
assignee or purchaser agrees in writing to be subject to all the terms
and conditions of this Ordinance. The franchisee shall notify the
Town Board at least 30 days before a proposed transfer, assignment
or sale is to take effect. Such a notice must be in the form of a
written request to the Town Clerk, stating the reasons why such an
assignment is necessary and/or advisable and detailing the expected
changes in the operation of the System. Information as to the legal,
character, financial capability, technical and other qualifications
of the party or parties to whom the franchise is to be transferred,
assigned or sold, or by whom the same is to be operated, shall also
be provided. This section shall apply to any transfer, assignment,
or sale of greater than 25% of the ownership, operation or management
of the franchise. The Town Bard shall not withhold approval or consent
regarding the transfer, assignment or sale, without cause and unless
it is shown that the operation or management of the System will be
affected to the detriment of the public by approving said transfer,
assignment or sale. The provision shall not apply to either the mortgage
or hypothecation of the System in respect to any mortgages or the
remedies therein.
Should the Grantee's franchise be terminated or expire
and there is no judicial or administrative review of the termination
or expiration taking place, the Grantee shall begin removal within
90 days of termination or expiration all property owned by him and
placed on a public right-of-way unless permitted by the Town to abandon
said property in place or transfer said property to a purchaser.
The maximum initial rates which may be charged by the Grantee
to subscribers shall be those rates as set forth in the Grantee's
application. In the event of a rate increase of the basic service,
the Grantee shall provide the subscribers a thirty-day notice of such
increase. Said notice shall be forwarded to the Town Clerk of the
Town with supporting data for said increase.
Grantee shall investigate all complaints within 24 hours of
their receipt and shall in good faith attempt to resolve them within
48 hours after notice. Grantee shall maintain a record of each complaint
and shall maintain said record for a period of two years. After said
two-year period, said records shall be made available to the Town
which may thereafter retain said records.
The technical standards including measurements of the construction
and Systems to be operated by the Town shall meet or exceed the minimum
standards established by the Federal Communications Commission so
as to provide all subscribers with a signal free of audible or visible
noise and distortion.
The Grantee shall comply with all conditions imposed by the Federal Communications Commission and by the State of Wisconsin. Failure to obtain any required licenses or to comply with all such conditions shall be grounds to revoke the franchise under the procedure of §
19.09 without liability assigned to the Town.
In addition to the procedures specified in §
19.20, the following shall be in effect:
(A)
After notice and hearing the Town may fine the Grantee if Grantee
fails to provide the service specified in this Chapter, or any applicable
government regulation. Grantee is not responsible for failure to provide
adequate service which is caused by acts of God, strikes, governmental
or military action, or other conditions beyond its control.
(B)
Upon interruption of service, except for acts of God, strikes,
governmental or military action, or with express prior permission
of the Town, any subscriber whose service is interrupted for more
than 48 consecutive hours shall be entitled to a rebate of the subscriber's
monthly bill prorated on a daily basis for each 24 hour period of
continuously interrupted service.
(C)
If Grantee violates any provision of this Chapter, it shall
forfeit, together with the costs of prosecution, a sum of not less
than $50 nor more than $500 for each violation.
The Grantee shall provide free one-time connection to any governmental
building or facilities passed by the cable.
Grantee shall provide free one-time connection to any public,
private or parochial school or university passed by the cable. Grantee
shall provide connection to one central point, and the school at its
expense may distribute the signal within said facility. The distribution
network must be approved by Grantee to assure signal quality and prevent
signal radiation.
The Town shall have the right to intervene and the Grantee specifically
agrees by his acceptance of a franchise hereunder not to oppose such
intervention by the Town in any suit or proceeding to which the Grantee
is a party.
Grantee shall not, as to rates, charges, service, service facilities,
rules, regulations, employment, or in any other respect, make or grant
any undue preference or advantage to any party, nor subject any party
to any unlawful prejudice or disadvantage.
If any subsection, sentence, clause or phrase of this Ordinance
is held unconstitutional or otherwise invalid, such infirmity shall
not affect the validity of this Ordinance as a whole, and any portions
in conflict are hereby repealed, provided however, that in the event
the Federal Communications Commission declares any subsection invalid,
then such subsection or subsections shall be renegotiated by the Town
and the Grantee.