This franchise is not exclusive and shall not be construed as a limitation on the City in:
(1) 
Granting rights, privileges, and authority to other persons similar to those granted by this chapter.
(2) 
Constructing, installing, maintaining, or operating any City-owned public utility.
(3) 
In the event the City enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than franchisee to enter into the City’s streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, insofar as this is not in conflict with rules of government, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
(Ord. 5815 § 1, 2013)
Franchisee’s facilities shall maintain current channel capacity as is available at time of franchise renewal. Franchisee maintains the right to change said channel capacity and will notify customers and the City as stipulated in the Cable Act.
(Ord. 5815 § 1, 2013)
(1) 
As compensation for the franchise granted by this chapter, unless changed by the Council as provided herein, the franchisee shall pay to the City an amount equal to five percent of the gross revenue, as defined in AMC § 3.26.020(14), collected by the franchisee from its customers for cable services within the City.
(2) 
The compensation required by this section shall be due on or before the forty-fifth day of each and every quarter for the quarter preceding. Within 60 days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last calendar year for which compensation has been paid.
(3) 
The franchisee shall furnish to the City with each payment of compensation required by this section a statement, executed by an officer of the franchisee, showing the amount of gross revenue of the franchisee within the City for the period covered by the payment computed on the basis set out in subsection (1) of this section. If the franchisee fails to pay the entire amount of compensation due the City through error or otherwise within the times allotted for payment in subsection (2) of this section, the amount of the fee due for that quarter and not timely paid shall be subject to a late penalty of an additional 10 percent plus interest of one percent per month on the amount of fee due and unpaid from the date due until it is paid together with the late penalty.
(4) 
Nothing contained in this franchise shall give the franchisee any credit against any ad valorem property tax now or hereafter levied against real or personal property within the City, or against any local improvement assessment or any business tax imposed on franchisee, or against any charges imposed upon the franchisee, or against any charges imposed upon the franchisee as provided in AMC § 3.26.420, or reimbursement or indemnity paid to the City.
(Ord. 5815 § 1, 2013)
Nothing in this chapter shall be construed to limit the right of the City to require the franchisee to pay the standard fees charged by the City for any of the activities covered by this chapter as now in effect or hereafter amended.
(Ord. 5815 § 1, 2013)
(1) 
Upon request by the City, one channel shall be provided for the City’s use. It may, at the City’s discretion, be maintained by the City or a City-designated educational institution in the Albany area.
(2) 
Franchisee and City jointly shall establish rules for the administration of the specially designated access channel. Notwithstanding anything to the contrary, however, franchisee shall not exercise any editorial control over any access channel. Franchisee may use any unused time on the access channels for its own purposes. Notice will be given by franchisee except during emergencies.
(3) 
The City shall prescribe rules and procedures under which franchisee is permitted to use the designated access channels for the provision of other services if the designated channels are not being used for the purposes designated and rules and procedures under which such permitted use shall cease.
(Ord. 5815 § 1, 2013)
Franchisee’s cable system shall comply with all technical standards specified by rules and regulations of the Federal Communications Commission. Franchisee shall:
(1) 
Supply to the City upon request a copy of each report of technical compliance it prepares in conformance with orders of the Federal Communications Commission. Upon request by City, franchisee shall supply a qualified electronic technician who is satisfactory to the City to test the performance of franchisee’s technical facility. If the electronic technician selected is not an employee of franchisee, then the franchisee and City shall share equally in the costs incurred.
(2) 
Limit system failure to minimum time duration by locating and correcting malfunctions promptly, but in no event longer than 24 hours after occurrence, irrespective of holidays or other nonbusiness hours, excepting those occurrences excepted in AMC § 3.26.090.
(3) 
When there have been similar 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. Such test or tests shall be made, and the reports of such test or tests shall be delivered to the City within 14 days after the City has requested the same. Such report(s) shall include the following information: the nature of the complaint(s) that precipitated the special tests; and the method(s) in which such complaints were resolved. Any other information pertinent to the special test(s) shall be recorded and reported. Testing shall be conducted with reasonable notice to franchisee and in a manner that does not unreasonably interfere with the normal business operations of the franchisee or the cable system.
(4) 
Render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible; such interruptions insofar as possible shall be preceded by notice given to subscribers 24 hours in advance and shall occur during periods of minimum use of the system.
(5) 
Maintain test equipment for routine and performance tests. In addition to testing under subsection (3) of this section, the City may at any time employ at its own expense a registered qualified engineer to test, analyze, and report on the performance of the system. Franchisee agrees to make all of its testing equipment available for joint testing with the franchisee’s engineer selected by the City to perform these tests.
(Ord. 5815 § 1, 2013)
(1) 
City Supervision and Inspection. The City shall have the right to supervise all construction or installation of franchisee facilities subject to the provisions of this chapter and to make such inspections as it shall find necessary to ensure compliance with governing laws, rules, and regulations. No construction shall be commenced prior to approval by the City.
(2) 
Termination or Abandonment of Franchise. Upon any termination of this franchise, whether before the expiration of the franchise or upon expiration, or by any abandonment of the franchise by franchisee, all equipment installed or used by franchisee shall be removed by the franchisee at franchisee’s expense except underground buried cable that may be left in place and the property upon which said equipment was used reasonably restored by franchisee to the condition it was in before installation or use by franchisee.
(3) 
City’s Right to Purchase System. Subject to applicable laws, in the event that the franchise is terminated, the City shall have the right to purchase the cable television system within the City for a fair market value on a going-concern basis and to lease those technical facilities immediately outside the City that are necessary for operation and utilization of the system in the City which are used to receive microwave or other signals. The terms of said lease shall be agreed upon prior to the effective purchase date. Both parties agree to negotiate in good faith regarding the terms of the lease.
(Ord. 5815 § 1, 2013)
(1) 
Franchisee shall comply with the customer service standards set forth in Section 76.309 of the FCC’s rules and regulations, as such may be amended from time to time.
(2) 
The franchisee shall make reasonable efforts to maintain a local cable store, office, or make similar arrangements to the extent currently provided by franchisee, where its customers may pay their bills for cable service or pick up or drop off equipment during normal business hours.
(3) 
Should grantee choose to no longer maintain a physical customer service center and bill payment office in the franchise area at locations that are convenient to subscribers and the public, the City and grantee agree that “convenient” shall be interpreted to require grantee, at a minimum, to:
(a) 
Provide for the pick-up or drop-off of equipment at a subscriber’s residence;
(b) 
Provide subscribers with a prepaid mailer for pick-ups and returns; and
(c) 
Provide the ability for subscribers to make bill payments online and over the phone free of charge, with the subscribers having the option of utilizing an automated operator or through a live, qualified grantee customer service representative.
(4) 
Franchisee’s telephone number shall be listed in directories of the telephone company serving the franchise territory, and be so operated that complaints and requests for repairs or adjustments may be received at any time, day or night, seven days a week. The phone number and address of this office shall be furnished to each subscriber by the franchisee. Upon complaint regarding the quality of service, equipment malfunctions, and similar matters, franchisee shall investigate and resolve them promptly. Excluding those situations beyond its control, franchisee shall respond to service interruptions promptly and in no event later than 24 hours. Franchisee will attempt to respond to customer requests for maintenance or repairs, Monday through Friday, within the same day. Other service problems will be responded to within 36 hours during the normal work week.
(5) 
Original records, including service records pertaining to complaints received by the franchisee and office procedures followed to satisfy those complaints, shall be maintained by the franchisee for a period of not less than three years in Washington County, Oregon, and made available for inspection by the City on reasonable notice to the franchisee. This record shall be considered by the City in evaluating the system. Franchisee shall keep a log of all complaints received that will include the following information: (a) what the complaint was, (b) when the complaint was received, (c) when the complaint was responded to, and (d) disposition of complaint.
(6) 
Franchisee shall render efficient service, make repairs promptly, and interrupt service 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. A written log available for inspection by the City shall be available upon request for all service interruptions, except for those interruptions related to routine repair and maintenance activities.
(7) 
Franchisee shall respond within 24 hours, seven days a week, to the outage of one or more channels system-wide. Franchisee shall exercise its best efforts to respond to any such outage within the same day.
(8) 
Maintenance personnel shall, at minimum, be on duty eight hours a day, Monday through Friday. Maintenance personnel shall be on call to respond to system outages, as described in subsection (4) of this section, which may occur outside normal business hours.
(9) 
In the event a subscriber does not obtain a satisfactory response or resolution to their request for service, they may advise the City in writing of their dissatisfaction and, upon receipt of such writing, the City Manager shall immediately notify the franchisee in writing of the subscriber’s complaint. Upon referral of a complaint dealing with service outages in excess of 36 hours, the City may recommend that the franchisee make appropriate adjustments in the service charges to the subscriber as a result of such outages.
(10) 
Franchisee shall provide written information to its customers in each of the following areas at the time of installation and at any future time upon request:
(a) 
Products and services offered;
(b) 
Prices and service options;
(c) 
Installation and service policies;
(d) 
How to use the cable service.
Bills will be clear, concise, and understandable. Refund checks will be issued promptly, but no later than the earlier of 45 days or the customer’s next billing cycle following the resolution of the request, and the return of the equipment supplied by the franchisee if service is terminated. Customers will be notified a minimum of 30 days in advance of any rate or channel change, provided the change is within the control of the franchisee.
(Ord. 5815 § 1, 2013)
(1) 
No person, firm, or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable system within the City, for the purpose of taking or receiving signals, radio signals, pictures, programs, or sound.
(2) 
No person, firm, or corporation shall make any authorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable system within the 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.
(3) 
No person, without consent of the owner, shall willfully tamper with, remove, or injure any cable wires or equipment used for distribution of television signals, radio signals, pictures, programs, or sounds.
(4) 
It shall be a misdemeanor punishable by a fine of not to exceed $500.00 or by imprisonment not to exceed six months, or both, for any person to violate any of the provisions of this section.
(Ord. 5815 § 1, 2013)
If during the terms of this franchise there are changes in Federal law that materially affect the City’s ability to regulate rates, the City would exercise its authority to comply with Federal law by meeting with the franchisee to renegotiate rate regulation. The City shall exercise such authority only after first conducting a public hearing allowing the franchisee and the public an opportunity to comment on the proposed reregulation of rates.
(Ord. 5815 § 1, 2013)
Prevention or delay of any performances under this franchise due to circumstances beyond the control of the franchisee or the City, unforeseen circumstances or acts of God shall not be deemed to be noncompliance with or a violation of this franchise.
(Ord. 5815 § 1, 2013)
Franchisee acknowledges and agrees that the franchise renewal proceedings have been undertaken consistent with the provisions of the Cable Act, including those contained in Section 626. Further, franchisee stipulates that it will not commence, fund, or prosecute any litigation or administrative proceedings before any competent tribunal against the City, its officers, employees, agents, or representatives arising out of any alleged failure to comply with such provisions.
(Ord. 5815 § 1, 2013)
Franchisee shall not be relieved of its obligation to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance.
(Ord. 5815 § 1, 2013)
The paragraph captions and headings in this franchise are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this franchise.
(Ord. 5815 § 1, 2013)
Where the performance or doing of any act, duty, matter, payment, or thing is required hereunder and the period of time or duration for the performance or doing thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation.
(Ord. 5815 § 1, 2013)
All notices, reports or demands required to be given in writing under this franchise shall be deemed to be given when delivered personally to the person designated below, or when five days have elapsed after it is deposited in the United States mail, postage prepaid thereon, or on the next addressed business day if sent by express mail or overnight air courier to the party to which notice is being given, as follows:
If to the City:
City of Albany
Attention: City Manager
333 Broadalbin Street SW
Albany, OR 97321
The notices or responses to the grantee shall be addressed as follows:
Comcast of Oregon II, Inc.
Attention: Government Affairs
9605 SW Nimbus Avenue
Beaverton, OR 97008
Such addresses may be changed by either party upon written notice to the other party given as provided in this section.
(Ord. 5815 § 1, 2013)