It is hereby determined that the business of establishing and/or
operating a CATV system for the purpose of supplying any persons in
the city with television signals or radio signals by means of such
CATV system, or the establishing or carrying on of any business within
the city which is designed to or does furnish any CATV services to
the inhabitants of the city, is in the nature of a public utility
and, as such, should be regulated by the city. Also, the use of any
public street or public property, or of any area proposed to be a
public street, for any of the above purposes is of great concern to
the city and should be regulated by the city. It is the purpose of
this division to provide such regulation.
(1990 Code, sec. 6-26)
For the purposes of this division, the following terms, phrases,
words, definitions, and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include
the plural number.
A community antenna television system as hereinafter defined.
A system of antennas, coaxial cables, wires, wave guides,
or other conductors, equipment or facilities designed, constructed
or used for the purposes of the distribution of television, radio
and satellite signals and other forms of communication via cable or
through its facilities.
Any authorization granted hereunder in terms of a franchise,
privilege, permit, license or otherwise to construct, operate and
maintain a CATV system in the city.
The person, firm or corporation to whom or which a franchise,
as hereinabove defined, is granted by the city council under this
division, and the lawful successor, transferee or assignee of said
person, firm or corporation.
Any and all compensation and other consideration in any form
whatever and any contributing grant or subsidy received directly or
indirectly by a grantee from subscribers or users in payment for television,
FM radio signals or service received within the city. Gross annual
receipts shall not include charges made for installation, payments
made to program suppliers, income from advertising and any taxes on
services furnished by the grantee imposed directly on any subscriber
or user by any city, state or other governmental unit and collected
by the grantee for such governmental unit.
All property owned, installed or used by a grantee in the
conduct of a CATV business in the city under the authority of a franchise
granted pursuant to this division.
Any person or entity receiving for any purpose the CATV service
of a grantee.
(1990 Code, sec. 6-27)
(a)
Uses permitted.
Any franchise granted pursuant to the
provisions of this division shall authorize and permit the grantee
to engage in the business of operating and providing a CATV system
in the city, and for that purpose to erect, install, construct, repair,
replace, reconstruct, maintain and retain in, on, over, under, upon,
across and along any public street 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 franchised or permitted to do business in the city.
(b)
Grant of franchise; duration.
(1)
There is hereby granted Charter Communications and its successors,
hereinafter called the “grantee,” the right and privilege
for a period of seven (7) years from the effective date of this division
to construct, maintain and operate in the present and future streets,
alleys and public places of the city towers, poles, lines, cables,
necessary wiring, and other apparatus for the purpose of receiving,
amplifying and distributing television signals, including pay television
and background music, to the city and inhabitants thereof, except
its central receiving station.
(2)
This franchise agreement may be renewed and extended for an additional
term of three (3) years, subject to the satisfactory completion of
a performance review which will be conducted by the city between January
and March of 2008 to confirm Charter Communications’ compliance
with all performance standards contained herein. Such performance
review may include a public hearing, provided notice of such hearing
is furnished to Charter Communications no less than thirty (30) days
prior to such hearing date.
(c)
Annual franchise fee.
(1)
Amount of fee.
Any grantee granted a franchise pursuant
to the provisions of this division shall pay to the city, during the
life of such franchise, and at the times herein specified, a sum of
money equal to three (3) percent of the total gross receipts collected
or received by the grantee, in any calendar year or portion thereof,
from the operations and business to which he has been granted a franchise
under the provisions of this division.
(2)
When payable.
Franchise fee payments shall be made semi-annually.
Within sixty (60) days from and after the end of every six (6) months
of each calendar year, the grantee shall pay to the city the franchise
fee for the immediately preceding six-month period.
(3)
Inspection of records.
Upon request of the city, the
grantee shall provide a copy of the business records of the grantee,
including complete information on the gross annual receipts upon which
the annual franchise fee is based. The city shall also be entitled
to inspect the business records of the grantee to determine to the
city’s satisfaction that it is receiving the full franchise
fee to which it is entitled.
(d)
Schedule to rebuild system.
(1)
Within one hundred eighty (180) days after acceptance of any franchise,
the grantee shall proceed with due diligence to obtain all necessary
permits and authorizations which are required in the conduct of its
business and the rebuild of its system, including, but not limited
to, any utility joint use attachment agreements, microwave carrier
licenses, and any other permits, licenses and authorizations to be
granted by duly constituted regulatory agencies having jurisdiction
over the operation of CATV systems.
(2)
Within sixty (60) days after obtaining all necessary permits, licenses
and authorizations, the grantee shall commence construction and installation
of a new CATV system. Copies of all permits, licenses and authorizations
shall be provided to the city.
(3)
Within one hundred eighty (180) days after the commencement of construction
and installation of a new system, the grantee shall proceed to render
service to subscribers, and the completion of the construction and
installation shall be pursued with reasonable diligence thereafter,
so that service to all areas shall be provided within one (1) year
from the date that service was first provided.
(4)
Failure on the part of the grantee to commence and diligently pursue
each of the foregoing requirements and to complete each of the matters
set forth herein shall be grounds for termination of such franchise;
however, the council in its discretion may extend the time for the
commencement and completion of construction and installation for additional
periods in the event the grantee, acting in good faith, experiences
delays by reason of circumstances beyond the grantee’s control.
(5)
Escrow account.
An escrow account shall be established
by the grantee in the depository of the city for the purpose of guaranteeing
the faithful performance of the rebuilding of the existing CATV system
by Charter Communications, the terms of which are set out in a certain
letter agreement dated September 4, 2001.
(e)
Operational standards.
(1)
Any CATV system installed by the grantee pursuant to any franchise
shall be installed in accordance with the highest and best accepted
standards of the industry so that subscribers shall receive the highest
possible quality service.
(2)
The grantee shall furnish and maintain such adequate, efficient,
just and reasonable service, instrumentalities, equipment, and facilities
as are necessary to promote the safety, health, comfort and convenience
of its subscribers, employees and the public.
(3)
The city council shall have the right and power to establish such
minimum standards as it may deem advisable for the above purposes,
and the grantee shall comply with them.
(f)
Continuity of service.
If the grantee, after having
commenced its business of receiving, amplifying and distributing television
signals, pay television and background music, in accordance with this
permit, shall thereafter cease to furnish such service to the city
and its inhabitants for a period of twelve (12) consecutive months,
then this permit shall ipso facto terminate, and the rights herein
granted shall cease, terminate and be voided.
(g)
Street occupancy.
In addition to other requirements
of this division, and other general requirements of the city, the
grantee shall do all things required of him by the following provisions
and otherwise comply with the following provisions:
(1)
Use.
All distribution and other structures, lines, equipment
and property erected or placed by the grantee within the city shall
be so located as to cause no interference with proper use of streets,
alleys and other public ways and property, and to cause no interference
with the rights or reasonable convenience of property owners who adjoin
any of said streets, alleys or other public ways or property.
(2)
Restoration.
If the grantee disturbs any pavement, sidewalk,
driveway or other surfacing or other improvements within any streets,
alleys or other public ways or other public property, the grantee
shall, at its own cost and expense, replace and restore all paving,
sidewalk or other surfacing or other improvements disturbed, in as
good condition as before said work was commenced.
(3)
Relocation of facilities.
If at any time during the
term of such franchise the city shall elect to alter, change the grade
of, or construct any street, alley or other public way, or any public
property, the grantee, upon reasonable notice by the city, shall remove
and relocate its structures, lines and equipment, at the grantee’s
own cost and expense, to the extent the city deems such to be reasonably
necessary for the above purpose.
(4)
Temporary removal of wires.
The grantee shall, at the
request of any person who holds a building moving permit issued by
the city or issued by the state department of transportation, temporarily
remove, raise or lower its wires to permit the moving of buildings.
The expense of such temporary removal, raising or lowering of wires
shall be paid by the person requesting the same.
(5)
Tree trimming.
The grantee may trim trees upon and overhanging
the streets and alleys to the extent reasonably necessary to prevent
the branches from coming in contact with wires or cables of the grantee.
(h)
Faithful performance bond and indemnity.
(1)
The grantee shall, concurrently with the filing of and acceptance
of award of any franchise granted under this division, file with the
city secretary and at all times thereafter maintain in full force
and effect, for the term of such franchise or any renewal thereof,
at the grantee’s sole expense, a corporate surety bond in a
company and in a form approved by the city attorney, in the amount
of fifty thousand dollars ($50,000.00), renewable annually, and conditioned
upon the faithful performance of the grantee, and upon the further
condition that, in the event the grantee shall fail to comply with
any one or more of the provisions of this division or of any franchise
issued to the grantee hereunder, there shall be recoverable jointly
and severally from the principal and surety of such bond any damages
or loss suffered by the city as a result thereof, including the full
amount of any compensation, indemnification, or cost of removal or
abandonment of any property of the grantee as prescribed hereby which
may be in default, plus a reasonable allowance for attorney’s
fees and costs, up to the full amount of the bond, said condition
to be a continuing obligation for the duration of such franchise and
any renewal thereof and thereafter until the grantee has liquidated
all of its obligations with the city that may have arisen from the
acceptance of said franchise or renewal by the grantee or from its
exercise of any privilege therein granted. The bond shall provide
that thirty (30) days’ prior written notice of intention not
to renew, cancellation or material change be given to the city.
(2)
Neither the provisions of this section, nor any bond accepted by
the city pursuant hereto, nor any damages recovered by the city thereunder,
shall be construed to excuse faithful performance by the grantee or
limit the liability of the grantee under any franchise issued hereunder
or for damages, either to the full amount of the bond or otherwise.
The grantee shall defend, indemnify and hold harmless the city, its
officers, agents and employees from and against all liability claims,
suits or demands for injuries to any person and/or property arising
or out of the activity and operation of the grantee or its successors
or assigns pursuant to this division.
(i)
Insurance; indemnification of city.
(1)
The grantee shall, concurrently with the filing of an acceptance
of award of any franchise granted under this division, furnish to
the city and file with the city secretary, and at all times during
the existence of any franchise granted hereunder maintain in full
force and effect, at its own cost and expense, a general comprehensive
liability insurance policy, in protection of the city, its officers,
boards, commissions, agents and employees, in a company approved by
the city and a form satisfactory to the city attorney, protecting
the city and all persons against liability for loss or damage for
personal injury, death and property damage occasioned by the operations
of the grantee under such franchise, with minimum liability limits
of one hundred thousand dollars ($100,000.00) for personal injury
or death of any one (1) person, and three hundred thousand dollars
($300,000.00) for personal injury or death of two (2) or more persons
in any one (1) occurrence, and fifty thousand dollars ($50,000.00)
for damage to property resulting from any one (1) occurrence.
(2)
The policies mentioned in the foregoing subsection shall name the
city and its officers, boards, commissions, agents and employees as
additional insureds and shall contain a provision that a written notice
of cancellation or reduction in coverage of said policy shall be delivered
to the city ten (10) days in advance of the effective date thereof.
If such insurance is provided by a policy which also covers the grantee
or any other entity or person other than those above named, then such
policy shall contain the standard cross-liability subscribers.
(j)
Toll-free telephone number.
The grantee shall maintain
a toll-free telephone number at a location which subscribers may call
without incurring added charges so that CATV maintenance service shall
be available to subscribers.
(k)
Availability of service.
No person, firm or corporation
in the existing service area of the grantee shall be arbitrarily refused
service; provided, however, that the grantee shall not be required
to provide service to any subscriber who does not pay the applicable
connection fee or monthly service charges.
(l)
Emergency alert capability.
The grantee shall provide
the system capability and equipment to transmit an emergency alert
signal to all participating subscribers. The grantee shall provide
an emergency audio override capability to permit the grantor to interrupt
and cablecast an audio message on all channels simultaneously in the
event of disaster or public emergency.
(m)
Reasonable rates.
The grantee shall charge reasonable
rates for its services as allowed by federal law and regulating authorities.
The city may, by ordinance of the city council, regulate the rates
charged by the grantee if and when allowed to do so by federal law.
The grantee shall not increase the rates for any cable service as
defined by federal law without first submitting such proposed rates
to the city council for review and approval after public hearing in
accordance with title 47 of the United States Code of Federal Regulations,
sections 76.5 and 76.33, as then currently amended. The grantee, when
requesting a rate increase for any cable service, shall provide to
the city council in writing all the necessary information for the
city council to approve rates which would provide a fair return on
investment, taking into account appropriate costs, including, but
not necessarily limited to, capital costs, basic cable programming,
customer service, labor, and ancillary costs attributable to obtaining
and transmitting signals carried on the basic tier, increases in such
costs, and the cost of any franchise-imposed requirements not directly
related to the provision of cable service, as well as a reasonable
profit. The city council may also review the rates for any cable service
at its own initiative to determine if such rates are reasonable, considering
the factors as set out in federal law.
(n)
Educational channel.
The grantee shall provide at least
one (1) operating educational channel in the basic tier of service.
(o)
Basic tier of service.
The grantee shall provide specific
details of what constitutes the basic tier of service and shall consistently
inform the city as to any and all changes in this basic tier of service.
(1990 Code, sec. 6-28)
(a)
It
shall be unlawful for any person to establish, operate or to carry
on the business of distributing to any persons in this city any television
signals or radio signals by means of a community antenna television
system unless a franchise therefor has first been obtained pursuant
to the provisions of a franchise ordinance adopted by the city council,
and unless such franchise is in full force and effect.
(b)
It
shall also be unlawful for any person to construct, install or maintain
within any public street in the city, or within any other public property
of the city, or within any privately owned area within the city which
has not yet become a public street, but is designated or delineated
as a proposed public street on any tentative subdivision map approved
by the city, any equipment or facilities for distributing any television
signals or radio signals through a community antenna television system,
unless a franchise authorizing such use of such street or franchise
authorizing such use of such street or property or area has first
been obtained pursuant to the provisions of a franchise ordinance
adopted by the city council, and unless such franchise is in full
force and effect.
(1990 Code, sec. 6-29(a))
The grantee shall not lease, assign or otherwise alienate this
franchise without prior approval of the city, which approval shall
not be unreasonably withheld; provided that the grantee may, on notice
to the city, assign its rights and obligations hereunder to an affiliated
entity, including parent or subsidiary corporations or partnerships
or joint ventures in which the grantee has a controlling management
interest; and further provided that the grantee may, upon notice to
the city, assign or mortgage interests hereunder for security purposes
only to obtain funds necessary for the purchase, improvement or operation
of its cable television business in the city.
(1990 Code, sec. 6-29(e))
It shall be unlawful for any person, firm or corporation to
make any unauthorized connection in physical contact with any part
of a franchised CATV system within this city for the purpose of taking
or receiving television signals, radio signals, pictures, programs,
or sound.
(1990 Code, sec. 6-29(b))
It shall be unlawful for any person, firm or corporation to
make any unauthorized connection in physical contact with any part
of a franchised CATV system within this city for the purpose of enabling
himself or others to receive any television signal, radio signal,
picture, program or sound, without payment to the owner of said system.
(1990 Code, sec. 6-29(c))
It shall be unlawful for any person, without the consent of
the grantee, to willfully tamper with, remove or injure any cables,
wires or equipment used for distribution of television signals, radio
signals, pictures, programs or sound.
(1990 Code, sec. 6-29(d))
Any cable television company operating pursuant to a franchise
granted by the city, hereinafter referred to as the “franchisee,”
shall operate within the city under the following minimum standards:
(1)
Signal quality requirements.
(A)
The cable television franchisee shall produce a picture, whether
in black and white or in color, that is undistorted, free from ghost
images, and accompanied with proper sound on typical standard production
TV sets in good repair, and as good as the state of the art allows.
(B)
The cable television franchisee shall transmit signals of adequate
strength to produce good pictures with good sound at all outlets without
causing cross-modulation in the cables or interfering with other electrical
or electronic systems.
(2)
Operation and maintenance of system.
(A)
The franchisee shall render efficient service and make repairs properly
and promptly with normal service calls made within twenty-four (24)
hours of customer call. In no event will service calls be delayed
beyond the next business day following the twenty-four (24) hour period.
After normal business hours, service calls will be handled by dispatch
service via telephone or a two-way radio to “standby”
technicians. Experienced engineering staff will be available to work
with standby technicians in helping solve more difficult problems.
Interruption of service will be only for good cause and for the shortest
time possible. Such interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use of the system.
(B)
All correspondence to and from subscribers, including customer complaints,
will be time and date stamped and retained by the franchisee for at
least three (3) years. A complaint form will be completed for each
complaint containing details about the complaint and the action taken.
Such forms will be time and date stamped and kept by the franchisee
for at least three (3) years. A report will be made out for each service
call to a subscriber’s residence containing a complete record
of the service call. Details of the time taken, time dispatched and
time completed will be stamped on the form. Such forms will be submitted
to the city and retained by city for at least three (3) years. Postcards
for customer comments will be given to each subscriber who has had
a service call, for an evaluation of how the franchisee has responded
to the complaint. The subscriber will be asked to mail the card to
the city for recordkeeping purposes. Such cards will be retained by
the city for at least three (3) years. When there has been a pattern
of complaints made, or where there exists other evidence which, in
the judgment of the city, casts doubt on the reliability or quality
of cable service, the city shall have the right and authority to require
the franchisee to test, analyze, and report on the performance of
the system. The franchisee shall fully cooperate with the city in
performing such testing and shall prepare results and a report, if
requested, within thirty (30) days after notice. Such report shall
include the following information:
(i)
The nature of the complaint or problem which precipitated the special
tests.
(ii)
What system component was tested.
(iii)
The equipment used and procedures taken in testing.
(iv)
The methods, if any, in which such complaint or problem was
resolved.
(v)
Any other information pertinent to such tests and analysis which
may be required.
(C)
The city may require that tests be supervised by a professional engineer
not on the permanent staff of the franchisee. The engineer should
sign all records of special tests and forward to the city such records
with a report interpreting the results of the tests and recommending
actions to be taken. The city’s rights under this subsection
shall be limited to requiring tests, analyses, and reports covering
specific subjects and characteristics based on the complaints or other
evidence when and under such circumstances as the city has reasonable
grounds to believe that the complaints or other evidence require that
tests be performed to protect the public against substandard cable
service. The city shall provide the franchisee in writing its grounds
for requesting such tests.
(D)
The franchisee shall continue, through the term of its franchise,
to maintain quality of service and meet operational and technical
standards. Should the city find that the franchisee has failed to
maintain adequate quality of service and meet operational and technical
standards, it shall specifically enumerate such improvements to be
made and so notify the franchisee in writing. Failure to make such
improvements within one (1) month of the date of notification shall
be deemed a violation of this division.
(1990 Code, sec. 6-41)
Any cable television franchisee operating within the city that
fails to comply with any of the minimum operating standards adopted
pursuant to this division, after having been given thirty (30) days’
written notice by the city of the specific violation of the minimum
operating standard, shall be punished upon conviction thereof by a
fine not to exceed two thousand dollars ($2,000.00) if such violation
pertains to fire safety, zoning, public health or sanitation, and
otherwise by a fine not to exceed five hundred dollars ($500.00).
A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
(1990 Code, sec. 6-42)
