In this chapter, unless the context otherwise provide:
"CATV"
means a community antenna television system.
"Community antenna television system"
means the system of antennas, coaxial cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities. "CATV" does not include the transmission of a special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known as "pay television."
"Franchise"
means the authorization granted in this chapter to construct, operate and maintain a CATV system in the Town. It does not mean a license or permit required for the privilege of transacting and carrying on a business within the Town under Chapter 5.04 of this code.
"Grantee"
means the person to whom a franchise is granted.
"Gross annual receipts"
means and includes all compensation and 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 or FM radio signals or service received within the Town. "Gross annual receipts" does not include taxes on services furnished by the grantee imposed directly on a subscriber or user by any city, state or other governmental, unit and collected by the grantee for such governmental unit.
"Property of grantee"
means all property owned, installed or used by a grantee in the conduct of a CATV business in the Town.
"Street"
means and includes the space above and below every public street, road, way, path, court, sidewalk or place now or hereafter existing.
(Ord. 49, 1968; Ord. 269-99)
When the grantee constructs and operates a CATV system exclusively through telephone company facilities, operated pursuant to a state-granted telephone franchise and offers proof that during the life of the franchise the grantee may not make use of the streets independently of the telephone company facilities, the grantee shall comply with this chapter as a "licensee" and whenever the term "grantee" is used it means "licensee."
(Ord. 49, 1968; Ord. 269-99)
The Town may grant a nonexclusive franchise to construct, operate and maintain a CATV system within the Town under the terms of this chapter.
(Ord. 49, 1968; Ord. 269-99)
A. 
The franchise granted by the Council may not exceed 20 years.
B. 
The Council may terminate the franchise if the Council finds, after 30 days' notice of a proposed termination and public hearing, that:
1. 
The grantee has failed to comply with this chapter or has, by act or omission, violated any term or condition of the franchise; or
2. 
A provision of this chapter is invalid or unenforceable and the Council finds that such provision constitutes a consideration material to the grant of the franchise; or
3. 
The Town acquires the CATV system property of the grantee.
(Ord. 49, 1968; Ord. 269-99)
A. 
The grantee shall pay to the Town, during the life of the franchise, a sum equal to two percent of the gross annual receipts of the grantee. Payment by the grantee shall be made to the Town annually, or as otherwise provided by resolution, to the Town Clerk.
B. 
Within 30 days after the expiration of each calendar year during which the franchise is in force, the grantee shall file a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts of the grantee during the preceding calendar year. The grantee shall pay the franchise fee within 15 days after the time for filing the statements.
C. 
In the year following the first full year service is provided and during which payments under this section amount to less than $1,200.00 per year, the grantee shall pay to the Town as a minimum an amount equal to $1,200.00 a year.
D. 
The Town may inspect the grantee's records from which its franchise payments are computed and may audit and recompute amounts paid under this chapter. The acceptance of a payment is not a release or an accord and satisfaction of any claim the Town may have for further sums payable or for the performance of any other obligation.
E. 
If the grantee holds over after expiration or termination of the franchise without the consent of the Town, the grantee shall pay to the Town reasonable compensation and damages of 100% of its total gross profits during such hold over.
(Ord. 49, 1968; Ord. 269-99)
A. 
The franchise is nonexclusive.
B. 
No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except as specifically prescribed in this chapter.
C. 
A privilege claimed under the franchise by the grantee in public property is subordinate to prior lawful occupancy of the street or other public property.
D. 
The franchise is a privilege held in personal trust by the original grantee. It cannot be transferred, assigned or disposed of by force or involuntarily without the consent of the Council. A transfer shall be in writing, executed copy filed with the Town within 30 days after transfer or assignment. The Town's consent may not be arbitrarily refused. However, the proposed assignee must show financial responsibility and must agree to comply with this chapter. The Town's consent is not required for a transfer in trust, mortgage or hypothecation to secure an indebtedness.
E. 
Time is of the essence of any obligation of the franchise. The grantee is not be relieved of the obligation to comply promptly with this chapter or by any failure of the Town to enforce prompt compliance.
F. 
The grantee has no recourse against the Town for loss, cost, expense or damage arising out of this chapter or of the franchise.
G. 
The grantee is subject to all Town ordinances, rules, regulations and specifications.
H. 
The franchise does not relieve the grantee of the obligation in obtaining pole space from the Town, utility company, or another maintaining poles in streets.
I. 
The franchise is in place of every other right, privilege, power, immunity, and authority exercisable by the grantee, pertaining to the construction, operation or maintenance of the CATV system. The acceptance of the franchise is an abandonment of such other right, privilege, power, immunity and authority and the maintenance by the grantee of the CATV system under and the franchise, and not under any other right, privilege, power, immunity or authority whatsoever.
(Ord. 49, 1968; Ord. 269-99)
A. 
The franchise authorizes the grantee to engage in the business of operating and providing a CATV system in the Town. For that purpose, the grantee may install, construct, repair, replace, reconstruct and maintain on, over, under, upon and across a public street, poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property necessary and appurtenant to the CATV system.
B. 
The franchise does not authorize the grantee to transmit a special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known as "pay television," and the grantee may not install, maintain or operate a coin box or any other device or means for collection of money for individual programs on a television set.
C. 
The grantee may charge a subscriber for installation or connection to its CATV system and a fixed monthly charge as filed and approved as provided in their ordinance.
(Ord. 49, 1968; Ord. 269-99)
A. 
This chapter does not affect, to any extent, the right of the Town to acquire the property of the grantee, by purchase or the right of eminent domain.
B. 
The grantee by accepting the franchise, agrees to comply with any action or requirement of the Town.
C. 
The granting of the franchise does not prevent the Town from granting a franchise to any other person.
D. 
The Town reserves the power to amend any part of this chapter to require additional or greater standards of construction, operation, maintenance or to impose additional standards on the grantee.
E. 
The Council may take any action necessary or convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise. The Council may settle or compromise any controversy arising from the operations of the grantee in the best interest of the public.
(Ord. 49, 1968; Ord. 269-99)
A. 
Within 30 days after the grant of the franchise the grantee shall proceed with due diligence to obtain necessary permits and authorizations required in the conduct of its business, including, but not limited to, utility joint use attachment agreements, microwave carrier licenses, and other permits, licenses and authorizations.
B. 
Within 60 days after obtaining necessary permits, licenses and authorizations, the grantee shall commence construction and installation of the CATV system.
C. 
Within 90 days after beginning construction and installation of the system, the grantee shall provide service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated shall be provided within one year from the date that service was first provided.
D. 
The grantee's failure to begin and diligently pursue each of the foregoing requirements and to complete each of the matters set forth in this section, is ground for termination of the franchise. However, the Council may extend the time for the commencement and completion of construction and installation for additional periods, if the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(Ord. 49, 1968; Ord. 269-99)
A. 
Poles, wires, cable lines, conduits or other property of the grantee shall be so installed only at such locations and in such manner as approved by the Town.
B. 
The grantee shall not install facilities on public property or within private property except upon public utility facilities now existing, without obtaining the prior written approval of the Town.
C. 
In an area where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or may be placed underground, the grantee shall construct, operate and maintain all its transmission and distribution facilities underground. For the purposes of this subsection, "underground" includes a partial underground system, e.g. streamlining. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Town.
(Ord. 49, 1968; Ord. 269-99)
A. 
If the CATV system is discontinued for any reason for a continuous period of 12 months, or if the system has been installed in any street or public place without complying with the requirements of the grantee's franchise or this chapter, or the franchise is terminated, cancelled or has expired, the grantee shall promptly, upon being given 10 days' notice, remove from the streets or public places all property and poles of the system other than any which the Town permits to be abandoned in place. The grantee shall promptly restore the street or other area from which such property is removed to a condition satisfactory to the Town.
B. 
Property of the grantee remaining in place 30 days after termination or expiration of the franchise is considered permanently abandoned. The Council may extend such time not to exceed an additional 30 days.
C. 
Property of the grantee which is abandoned becomes that of the Town, and the grantee shall submit to the Council an instrument in writing, approved by the Town Attorney, transferring ownership to the Town.
(Ord. 49, 1968; Ord. 269-99)
At its own expense, the grantee shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the grantee when required by the Council by reason 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, signal lines, and tracks or any other structure or improvement by a public agency. However, the grantee may abandon property in place, as provided in Section 5.20.110.
(Ord. 49, 1968; Ord. 269-99)
If the grantee fails to complete any work required to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Town, the Town may cause such work to be done and the grantee shall pay to the Town the cost within 30 days after receipt of an itemized report.
(Ord. 49, 1968; Ord. 269-99)
The grantee shall file with the Town and keep in force a corporate surety bond in a company and in a form approved by the Town Attorney, in the amount of $10,000.00, conditioned upon the faithful performance of the grantee, and upon the further condition that in the event that if the grantee fails to comply with this chapter, and each regulation imposed upon it, there shall be recoverable jointly and severally from the principal and surety damages and loss suffered by the Town plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. The condition of the bond is a continuing obligation for the duration of the franchise. The bond shall provide that 30 days' prior written notice of intention not to renew, cancellation or material change, be given to the Town.
(Ord. 49, 1968; Ord. 269-99)
A. 
The grantee shall indemnify and hold harmless the Town, its officers and employees from all claims, demands, actions, suits and proceedings by others, against all liability to others, including, but not limited to, any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against loss, cost, expenses and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise.
B. 
The grantee shall furnish to the Town and file with the Town Clerk, and maintain in effect, at its own cost, a general comprehensive liability insurance policy, in protection of the Town, its officers, boards, commissions, agents and employees, in a company approved by the county and in a form satisfactory to the Town Attorney, protecting the Town 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 $300,000.00 for personal injury or death of any one person and $500,000.00 for personal injury or death of two or more persons in any one occurrence, and $50,000.00 for damage to property resulting from any one occurrence.
C. 
The policies mentioned in subsection B shall name the Town, 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 shall be delivered to the Town 10 days in advance of the effective date. If insurance is provided by a policy which also covers the grantee or any other entity or person other than those named above, then the policy shall contain the standard cross-liability endorsement.
(Ord. 49, 1968; Ord. 60, 1970; Ord. 269-99)
A. 
The grantee shall permit an authorized representative of the Town to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the Town, and to examine and transcribe any and all maps and other records kept by the grantee which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If maps or records are not kept in the Town, or made available in the Town, and if the Council determines that an examination is necessary, all travel and maintenance expense incurred in making an examination shall be paid by the grantee.
B. 
The grantee shall prepare and furnish to the Town at the times and in the form as may be required, reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the Town in connection with the franchise.
C. 
The grantee shall keep in the Town full and complete plans and records showing the exact location of all CATV system equipment installed or in use in the streets and other public places in the Town.
D. 
The grantee shall file with the Town, on or before the last day of March of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the Town.
(Ord. 49, 1968; Ord. 269-99)
The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards the following among others shall be considered:
A. 
That the system be installed using all-band equipment capable of passing the entire VHF and FM spectrum, and that it shall have the further capability of converting UHF for distribution to subscribers on the VHF band.
B. 
That the system, as installed, shall be capable of passing standard color television signals without the introduction of material degradation on color fidelity and intelligence.
C. 
That the system and all equipment shall be designed and rated for 24-hour per day continuous operation.
D. 
That the system provide a nominal signal level of 2,000 microvolts at the input terminals of each television receiver.
E. 
That the system signal-to-noise ratio is not less than 40 decibels.
F. 
That hum modulation of the picture signal is less than five percent.
G. 
That the system use components having a VSWR of 1.4 or less.
(Ord. 49, 1968; Ord. 269-99)
A. 
When not otherwise prescribed in this chapter, all matters required to be filed with the Town shall be filed with the Town Clerk.
B. 
The grantee shall maintain an office within the Town limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.
C. 
No person in the existing service area of the grantee shall be arbitrarily refused service. However, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.
(Ord. 49, 1968; Ord. 269-99)
A. 
A person who desires a franchise shall file an application in writing, setting forth the following information:
1. 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major shareholders and associates, and the names and addresses of parent and subsidiary companies;
2. 
A description of the CATV system proposed by the applicant; the proposed location of such a system and its various components; the manner in which the applicant proposes to install and operate it; and the extent and manner in which existing or future poles or other facilities of other public utilities will be used;
3. 
A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes to install CATV facilities; a detailed description of the facilities proposed to be installed, and the proposed specific location;
4. 
A map specifically showing the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested;
5. 
A statement or schedule of proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers. For unusual circumstances, such as underground cable required or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be imposed, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the Town, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee;
6. 
A copy of the contract, between the applicant and any public utility providing for the use of facilities of the public utility;
7. 
A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person posing as a front or as the representative of another person, and such information is not disclosed in the original application, the franchise is deemed void;
8. 
A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing the applicant's financial status and his financial ability to complete the construction and installation of the CATV system;
9. 
Such additional information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
B. 
Upon consideration of the application, the Council may refuse to grant the franchise or the Council may by ordinance grant a franchise for a CATV system to the applicant in its opinion to be the best qualified to give efficient CATV service to television viewers and subscribers in the Town. The Council's decision in the matter is final. The application becomes a part of the franchise.
C. 
The CATV system franchised shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.
D. 
The Town may impose such other reasonable conditions and restrictions upon the exercise of the franchise as the Council considers necessary.
(Ord. 49, 1968; Ord. 269-99)
The grantee may renew the franchise upon application in the same manner and upon the same terms and conditions as required for obtaining the original franchise.
(Ord. 49, 1968; Ord. 269-99)
A. 
A franchise becomes effective when all things required in this section and Sections 5.20.140 and 5.20.150 are completed.
B. 
Within 25 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council may authorize, the grantee shall file with the Town Clerk his written acceptance, in form satisfactory to the Town Attorney, of the franchise, together with the bond and insurance policies required by Sections 5.20.140 and 5.20.150, and the grantee's agreement to be bound by and to comply with and to do all things required of it by this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall be in form and content approved by the Town Attorney.
(Ord. 49, 1968; Ord. 269-99)
A. 
No person may establish, operate or carry on the business of distributing television signals or radio signals by means of a CATV system without a franchise.
B. 
No person may install or maintain in any public place or within any privately owned area within the Town which is designated as a proposed public street on a tentative subdivision map any equipment or facilities for distributing television or radio signals through a CATV system without a franchise.
C. 
No person may make an unauthorized connection with any part of a franchised CATV system in the Town for the purpose of receiving television signals, radio signals, pictures, programs or sound.
D. 
No person may tamper with, remove or injure cables, wires or equipment used for the distribution of television signals, radio signals, pictures, programs or sound.
(Ord. 49, 1968; Ord. 269-99)