[Ord. No. 1334, 11-6-2023]
A.
To
the extent permitted by the 2007 Video Services Providers Act, the
City Council of the City of Scott City, Missouri, hereby ratifies
all existing agreements, franchises, Code provisions and ordinances
regulating cable television operators and other video service providers,
including the imposition of a franchise fee imposed by such agreement
on the gross revenues of all such providers and further declares that
such agreements, franchises and ordinances shall continue in full
force and effect until expiration as provided therein or until preempted
by the issuance of video service authorizations by the Missouri Public
Service Commission or otherwise by law, but only to the extent of
said preemption.
[Ord. No. 1334, 11-6-2023]
As used in this Article, the following terms shall have the
following meanings unless otherwise defined by context:
The total amounts billed to subscribers or received from advertisers
for the provision of video services within the City, including:
Recurring charges for video service;
Event-based charges for video service, including, but not limited
to, pay-per-view and video-on-demand charges;
Rental of set top boxes and other video service equipment;
Service charges related to the provision of video service, including,
but not limited to, activation, installation, repair and maintenance
charges;
Administrative charges related to the provision of video service,
including, but not limited to, service order and service termination
charges; and
A pro rata portion of all revenue derived, less refunds, rebates
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising.
But gross revenues do not include:
Discounts, refunds and other price adjustments that reduce the
amount of compensation received by a video service provider;
Uncollectibles;
Late payment fees;
Amounts billed to subscribers to recover taxes, fees or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein;
Fees or other contributions for PEG or I-Net support; or
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means.
Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
An individual, partnership, association, organization, corporation,
trust or government entity.
Any person who receives video services in the franchise area.
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand
or a per channel basis, including cable service as defined by 47 U.S.C.
§ 522(6), but excluding video programming provided by a commercial
mobile service provider defined in 47 U.S.C. § 332(d) or any
video programming provided solely as part of and via a service that
enables users to access content, information, electronic mail or other
services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wireline facilities or any component thereof that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology.
The term "video service network" shall include cable television
systems.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
The fee imposed under Section 600.230 hereof.
[Ord. No. 1334, 11-6-2023]
A.
A video
service provider shall provide written notice to the City at least
ten (10) days before commencing video service within the City. Such
notice shall also include:
1.
The name, address and legal status of the provider;
2.
The name, title, address, telephone number, e-mail address and fax
number of individual(s) authorized to serve as the point of contact
between the City and the provider so as to make contact possible at
any time [i.e., twenty-four (24) hours per day, seven (7) days per
week]; and
3.
A copy of the provider's video service authorization issued by the
Missouri Public Service Commission.
C.
A video
service provider shall not deny access to service to any group of
potential residential subscribers because of the race or income of
the residents in the area in which the group resides. A video service
provider shall be governed in this respect by Section 67.2707, RSMo.
The City may file a complaint in a court of competent jurisdiction
alleging a germane violation of this Subsection, which complaint shall
be acted upon in accordance with Section 67.2711, RSMo.
D.
A video
service provider shall comply with all Federal Communications Commission
requirements involving the distribution and notification of emergency
messages over the emergency alert system applicable to cable operators.
E.
A video
service provider shall, at its sole cost and expense, indemnify, hold
harmless and defend the City, its officials, boards, board members,
commissions, commissioners, agents and employees against any and all
claims, suits, causes of action, proceedings and judgments (claims)
for damages or equitable relief arising out of:
1.
The construction, maintenance, repair or operation of its video services
network;
2.
Copyright infringements; and
3.
Failure to secure consents from the owners, authorized distributors
or licenses or programs to be delivered by the video service network.
Such indemnification, shall include, but is not limited to, the City's
reasonable attorneys' fees incurred in defending against any such
claim prior to the video service provider assuming such defense. The
City shall notify the provider of a claim within seven (7) business
days of its actual knowledge of the existence of such claim. Once
the provider assumes the defense of the claim, the City may at its
option continue to participate in the defense at its own expense.
This indemnification obligation shall not apply to any claim related
to the provision of public, educational or governmental channels or
programming or to emergency interrupt service announcements.
[Ord. No. 1334, 11-6-2023]
A.
Each
video service provider shall pay to the City a video service provider
fee in the amount of four and one-half percent (4.5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. Effective August 28, 2024, the service
provider fee amount shall be four percent (4.0%) of such gross revenues.
Effective August 28, 2025, the service provider fee amount shall be
three and one-half percent (3.5%) of such gross revenues. Effective
August 28, 2026, the service provider fee amount shall be three percent
(3.0%) of such gross revenues. Effective August 28, 2027, the service
provider fee amount shall be two and one-half (2.5%) percent of such
gross revenues. The City may adjust the video service provider fee
as permitted in Section 67.2689, RSMo.
B.
A video
service provider may identify and pass through on a proportionate
basis the video service provider fee as a separate line item on subscribers'
bills.
C.
The
City, not more than once per calendar year and at its own cost, may
audit the gross revenues of any video service provider as provided
in Section 67.2691, RSMo. A video service provider shall make available
for inspection all records pertaining to gross revenues at the location
where such records are kept in the normal course of business.
[Ord. No. 1334, 11-6-2023]
A.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
For
purposes of this Section, the following terms shall have the following
meanings:
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term normal business
hours must include some evening hours at least one (1) night per week
or some weekend hours.
Those service conditions which are within the control of
the video service provider. Those conditions which are not within
the control of the video service provider, include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the video service provider,
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods and
maintenance or upgrade of the video system.
The loss of picture or sound on one (1) or more video channels.
B.
All
video service providers shall adopt and abide by the following minimum
customer service requirements.
1.
Video service providers shall maintain a local, toll-free or collect
call telephone access line which may be available to subscribers twenty-four
(24) hours a day, seven (7) days a week.
2.
Video service providers shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an
answering machine. Inquiries received after normal business hours
shall be responded to, by a trained company representative, on the
next business day.
3.
Under normal operating conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards
shall be met no less than ninety percent (90%) of the time under normal
operating conditions, measured on a quarterly basis.
4.
Under normal operating conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
5.
Customer service centers and bill payment locations shall be open
at least during normal business hours and shall be conveniently located.
6.
Under normal operating conditions, each of the following standards
shall be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
a.
Standard installations shall be performed within seven (7) business
days after an order has been placed. "Standard" installations are
those that are located up to one hundred twenty-five (125) feet from
the existing distribution system.
b.
Excluding conditions beyond the control of the operator, the video
service provider shall begin working on "service interruptions" promptly
and in no event later than twenty-four (24) hours after the interruption
becomes known. The video service provider must begin actions to correct
other service problems the next business day after notification of
the service problem.
c.
The "appointment window" alternatives for installations, service
calls and other installation activities will be either a specific
time or, at maximum, a four-hour time block during normal business
hours. The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.
d.
A video service provider shall not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
e.
If a video service provider's representative is running late for
an appointment with a customer and will not be able to keep the appointment
as scheduled, the customer must be contacted. The appointment shall
be rescheduled, as necessary, at a time convenient for the customer.
8.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
9.
Video service providers shall not disclose the name or address of
a subscriber for commercial gain to be used in mailing lists or for
other commercial purposes not reasonably related to the conduct of
the businesses of the video service provider or its affiliates, as
required under 47 U.S.C. § 551, including all notice requirements.
Video service providers shall provide an address and telephone number
for a local subscriber to use without toll charge to prevent disclosure
of the subscriber's name or address.
C.
As required by Section 67.2692, RSMo., this Section 600.240 shall be enforced only as follows:
1.
Each video service provider shall implement an informal process for
handling inquiries from the City and customers concerning billing
issues, service issues and other complaints. If an issue is not resolved
through this informal process, the City may request a confidential
non-binding mediation with the video service provider, with the costs
of such mediation to be shared equally between the City and the video
service provider.
2.
In the case of repeated, willful and material violations of the provisions
of this Section by a video service provider, the City may file a complaint
on behalf of a resident harmed by such violations with Missouri's
Administrative Hearing Commission seeking an order revoking the video
service provider's Public Service Commission authorization. The City
or a video service provider may appeal any determination made by the
Administrative Hearing Commission under this Section to a court of
competent jurisdiction which shall have the power to review the decision
de novo. The City shall not file a complaint seeking revocation unless
the video service provider has been given sixty (60) days' notice
to cure alleged breaches but has failed to do so.
[Ord. No. 1334, 11-6-2023]
Each video service provider shall designate a number of channels
for public, educational and governmental programming consistent with Section
67.2703, RSMo., provided that any greater number of channels, as may
be required in the incumbent cable franchise or franchise chapter,
shall be required pursuant to Section 67.2703.2, RSMo. The City shall
bear no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the City in writing
and approved by the City Council. Incumbent cable operators and other
video service providers shall provide support for such public, educational
and governmental channels consistent with Section 67.2703.8, RSMo.
[Ord. No. 1334, 11-6-2023]
All video service providers shall comply with all other applicable
laws and regulations.
[Ord. No. 1334, 11-6-2023]
A copy of this Article shall be delivered to each video service
provider operating in the City after notice to the City that such
provider is authorized to provide service within the City, provided
that the provisions of this Article shall, to the extent permitted
by law, not be affected by any claimed or actual failure of a service
provider to have received delivery of a copy of this Article.
