Every cable communications system for which a franchise is required by this chapter shall be constructed, operated, and maintained in accordance with the regulations now or hereafter adopted by or pursuant to this chapter, as well as the provisions of any city law or regulation of general application now or hereafter in effect, including, but not limited to, any such city law or regulation requiring the issuance of a permit and payment of a permit fee incident to the performance of work within a public street or right-of-way; provided, that in the event of a conflict between a regulation adopted by or pursuant to this chapter and the provisions of any city law or regulation of general application, the regulations adopted by or pursuant to this chapter shall prevail. However, the provisions of this section shall not be construed to accord to the city any right to adopt any law or regulation which results in the unconstitutional impairment of any right of a grantee under a franchise granted pursuant to this chapter.
(Prior code § 19-14; Ord. 619-88, 11-8-1988)
The regulations adopted by or pursuant to this chapter shall be interpreted and applied so as to be consistent with any applicable federal or state law or regulation now or hereafter in effect to the extent such federal or state law or regulation is preemptive of local laws and regulations; provided, that in the event of any conflict between this chapter or any regulations adopted by or pursuant to this chapter and any such federal or state law or regulation, the federal or state law or regulation shall prevail.
(Prior code § 19-15; Ord. 619-88, 11-8-1988)
If the area served by the grantee's cable communications system also serves other contiguous or neighboring communities, the city may, at its sole option, participate in a joint regulatory agency with the delegated responsibility in the area of cable and related communications. The city, acting jointly with other grantors, may exercise or delegate the following regulatory responsibility:
(1) 
Administration. Administering and enforcing the provisions of this chapter and the cable communications system franchise(s).
(2) 
Coordination. Coordination of the operation of community access channels and public programming services.
(3) 
Support. Providing technical, programming, and operational support to public agency users, such as governmental agencies, schools, and health care institutions.
(4) 
Interconnection. Analyzing the possibility of integrating cable communications systems with other national, state, or local telecommunications networks.
(5) 
Policy. Formulating and recommending long-range telecommunications policy.
(Prior code § 19-16; Ord. 619-88, 11-8-1988)
The grantee shall establish initial rates that must be applied fairly and uniformly to all subscribers similarly situated in its service area.
(Prior code § 19-17; Ord. 619-88, 11-8-1988)
The procedures set forth in this section shall apply only to the extent the city is permitted, consistent with applicable federal and state law, to regulate or control the rates, charges, and rate structures established by the grantee for the services provided over its cable communications system.
(1) 
Application. A grantee seeking a rate change shall file an application for such rate change with the city council. Such application shall be in the form and contain the information required by the city manager and shall be accompanied by such records, financial data, and other information as the city manger may request, including, but not limited to, financial statements of the grantee with respect to the operation of its cable communications system within the city.
(2) 
Public Hearing. When filed, the application shall be available for public inspection at places designated by the city manager. No later than 90 days after filing the application, a public hearing or hearings shall be held by the city council on the application.
(3) 
Notice. The grantee shall notify its subscribers of its application for a rate change by including notice of the application in a regular billing statement mailed by the grantee to its subscribers not less than 20 nor more than 75 days immediately preceding the date of the initial public hearing on the proposed rate change. Such notice shall set forth the proposed rate change and the time and place of the initial public hearing on the proposed rate change.
(4) 
Decision. Within 90 days after said hearing or hearings, the city council shall render a decision on the grantee's application, either approving, rejecting, modifying, or deferring the same and reciting the basis for its decision. The city council may consider whatever factors or employ whatever methods it shall consider necessary or appropriate for the purpose of evaluating the grantee's application for rate change. The city council shall have the right to audit the records, financial data, and other information submitted by the grantee in support of its application to verify the accuracy thereof. If the results of any such audit reveal an understatement of gross revenues or an overstatement of expenses in excess of five percent, the grantee shall bear the reasonable cost of such audit.
(5) 
Rates Deemed Approved. If the city council fails to render a decision either approving, rejecting, modifying, or deferring the grantee's application within 180 days of the filing of the grantee's application and receipt of requested records, financial data, and other financial information pursuant to this section, the grantee shall thereafter be entitled to put its proposed new rates into effect as contained in such application.
(6) 
Submission of Rate Increase Requests. The grantee shall not submit an application for rate increases earlier than 12 months after approval of a prior request for the same level of service.
(Prior code § 19-18; Ord. 619-88, 11-8-1988)
(1) 
Schedule of Rates. The grantee shall maintain and file with the city, upon request of the city or within 30 days after any change therein, a complete schedule of subscriber rates, including, but not limited to, rates for basic cable service, pay cable services, ancillary services, installation, converter rental, and related charges.
(2) 
No Consideration beyond Schedule. If, subject to rate regulation by the city in accordance with the provisions of this chapter, the grantee shall receive no consideration whatsoever for or in connection with its provision of cable service to its subscribers over or by means of its cable communications system other than as set forth in the schedule of subscriber rates approved by the city council for those rates which the city may regulate or as set forth in WMC § 5.15.180.
(3) 
Disconnections. There shall be no charge for disconnection from the cable communications system. However, if a subscriber has failed to pay properly due monthly fees or if a subscriber disconnects for seasonal periods, the grantee may require, in addition to full payment of any delinquent fees, a reasonable fee for reconnection.
(Prior code § 19-19; Ord. 619-88, 11-8-1988)
To evaluate technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, and to promote a continuing, advanced modern system, the city and the grantee shall comply with the system and services review provisions set forth in the following sections.
(Prior code § 19-20; Ord. 619-88, 11-8-1988)
(1) 
Review. At the city council's sole option, the city council and the grantee shall hold a system and services review session on or about the third anniversary of the effective date of the franchise. Subsequent review sessions may be scheduled by the city each three years thereafter. The grantee shall, at its expense, notify its subscribers of each such review reasonably in advance thereof so as to afford such subscribers the opportunity to comment with respect to any proceedings held in connection with such review. Such notice may be given by electronic means across one or more channels of the grantee's cable communications system.
(2) 
Issues. Topics for discussion and review at the system and services review sessions shall include, but shall not be limited to, services provided, application of new technologies and the economic impact with respect thereto, system performance, programming, subscriber complaints, user complaints, rights of privacy, undergrounding processes, developments in the law, and regulatory constraints.
(3) 
Additional Topics. Either the city council or the grantee may select additional topics for discussion at any such review session.
(4) 
Services Not Offered. Prior to the date scheduled for any such review, the grantee shall furnish the city council with a report of those cable services, if any, being provided on a full-time operational basis (excluding test and demonstrations) by similarly situated local cable communications systems which services are not then offered by the grantee.
(5) 
Findings. Not later than 60 days after the conclusion of each system and services review session, the city council may issue findings.
(Prior code § 19-21; Ord. 619-88, 11-8-1988)
(1) 
Review. At the city council's sole option, within 90 days after any anniversary of the effective date of the grantee's franchise, the city council and the grantee shall meet to review the grantee's performance and quality of service with respect to operation of the cable communications system. The reports required of the grantee under this chapter regarding subscriber complaints and the records of performance tests shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. The grantee shall, at its expense, notify its subscribers of any such review reasonably in advance thereof, which notice may be given by electronic means across one or more channels of the grantee's cable communications system.
(2) 
Findings. Within 30 days after the conclusion of such meetings, the city council may issue findings with respect to the adequacy of system performance and quality of service. If any event of default (as defined in this chapter) by the grantee is found to exist, the city may direct the grantee by written notice to correct such default within such period of time as is specified therefor in accordance with the provisions of this chapter.
(Prior code § 19-22; Ord. 619-88, 11-8-1988)
The grantee shall be deemed to be in default with respect to the performance of its obligations under its franchise upon the occurrence of any of the following events (any such occurrence, an "event of default"):
(1) 
The grantee is in violation of the provisions of its franchise, this chapter or any federal or state law or regulation applicable to the operation of the grantee's cable communications system in the city and such violation is not corrected within 30 days following receipt of written notice thereof from the city manager specifying such violation or, if more than 30 days are reasonably required to correct such violation, within such additional time as the city manager shall consider reasonably necessary to effect such correction;
(2) 
The grantee has engaged in repeated violations of any of its material obligations under its franchise or this chapter or any material federal or state law or regulation applicable to the operation of the grantee's cable communications system in the city which, for purposes of this chapter, shall be deemed to exist if the same or similar violation occurs three or more times within any 12-month period. In any such case, the grantee shall not be entitled to notice or a period to correct the third such violation; or
(3) 
If the grantee ceases to operate the cable communications system in all or substantially all of its service area for a period of seven consecutive days without the prior approval of the city or for any reason within the control of the grantee.
(Prior code § 19-23; Ord. 619-88, 11-8-1988)
(1) 
Upon the occurrence of any event of default by the grantee, the city council may:
(a) 
Assess against the grantee monetary penalties as specified in any franchise for each such event of default or series of related events of default and/or require the grantee to cure each such event of default within such time, in such manner, and upon such terms and conditions as the city council shall designate; or
(b) 
Revoke and terminate the grantee's franchise.
(2) 
Public Hearing. Prior to imposing any such remedy or remedies upon the grantee upon the occurrence of any such event of default, the city shall do the following:
(a) 
The city shall provide the grantee with at least 30 days prior written notice of the time and place of a public hearing to be held before the city council for purposes of determining whether such event of default has occurred and, if it has occurred, whether such event of default was for just cause. Notice as to the time and place of such hearing shall be published at least once 10 days before such hearing in a newspaper of general circulation within the grantee's service area;
(b) 
The grantee shall be afforded full due process in connection with such hearing, including, but not limited to, adequate notice of the hearing and fair opportunity to introduce evidence, to require the production of evidence, and to introduce and/or question persons connected with or having knowledge of the alleged default. A transcript may be made of the hearing at the grantee's expense;
(c) 
The city council shall hear any persons interested therein and, based upon the evidence presented at such hearing, shall determine whether or not an event of default by the grantee has occurred;
(d) 
If the city council shall determine that there occurred an event of default by the grantee and such default was with just cause, the city council shall direct the grantee to correct or remedy the same within such additional time, in such manner, and upon such terms and conditions as the council determines to be necessary; or
(e) 
If the city council shall determine that there occurred an event of default by the grantee and such default was without just cause, then the city council may, by resolution, impose any one or more of the remedies set forth in subsection (1) of this section.
(3) 
Remedies Cumulative. The city council may, in its sole judgment and discretion, impose any one or more of the foregoing remedies against the grantee, which administrative remedies shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law.
(Prior code § 19-24; Ord. 619-88, 11-8-1988)
(1) 
Disposition of Facilities. In the event the franchise expires, is revoked, or is otherwise terminated, the city council may order the removal of the cable communications system facilities from the franchise area or require the original grantee to maintain and operate its cable communications system until a subsequent grantee is selected and a subsequent or modified cable system becomes operational, but in no event shall the original grantee be required to continue maintenance and operation of its cable system for more than six months after such expiration, revocation, or termination. If the city council orders removal of the system facilities of the grantee upon any such expiration, revocation, or termination, such removal shall be diligently pursued and shall be completed by the grantee within 12 months after the grantee's receipt of notice of termination or forfeiture of its franchise; provided, that the city council or the city manager may extend the time for removal for such reasonable additional period as shall be required to complete the same in the event the grantee, acting in good faith, cannot reasonably remove its cable system within such 12-month period or by reason of any circumstance beyond the grantee's control. The grantee may, at its option, abandon all or any part of the system such that when it is abandoned it does not unreasonably interfere with the use of the public streets or rights-of-way. Upon abandonment of any such property, the grantee shall cause to be executed, acknowledged, and delivered to the city such instruments as the city council shall prescribe and approve transferring and conveying the ownership of such property to the city.
(2) 
Restoration of Property. In removing its facilities, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all streets affected by such removal in as good condition as that prevailing prior to the grantee's removal of its facilities without unreasonably affecting the electrical or telephone cable, wires, or attachments. The city shall inspect and approve the condition of such streets after removal. Any liability insurance and performance bond required of the grantee under its franchise shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this section.
(3) 
Restoration by City – Reimbursement of Costs. In the event of a failure by the grantee to complete any work required of it under this section within the period allowed therefor to the satisfaction of the city, the city may upon five days' notice to grantee cause such work to be done and the grantee shall reimburse the city the cost thereof within 30 days after receipt of an itemized list of such costs or the city may recover such costs through the security fund or bonds provided by the grantee in accordance with the terms of its franchise.
(4) 
Extended Operation. In the event the city council requires the grantee to continue to operate the cable communications system subsequent to the expiration, revocation, or termination of its franchise, the grantee shall, as trustee for its successor in interest, continue to operate the cable system under the terms and conditions of this chapter and its franchise and to provide the cable services that may be provided at that time. The grantee shall be entitled to collect and retain all revenues derived from the operation of the cable communications system during this period, subject to the obligation to pay the franchise fee with respect thereto in accordance with the provisions of this chapter.
(5) 
City's Rights Not Affected. The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provision of law.
(Prior code § 19-25; Ord. 619-88, 11-8-1988; Amended during 2009 recodification)
(1) 
Receivership. Any franchise granted shall, at the option of the city, cease and terminate 120 days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the grantee whether in a receivership, reorganization, bankruptcy, or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days or unless:
(a) 
Such receivers or trustees shall have, within 120 days after their election or appointment, fully complied with all the terms and provisions of this chapter and the franchise granted pursuant hereto, and the receivers or trustees within said 120 days shall have remedied all material defaults under the franchise; and
(b) 
Such receivers or trustees shall, within said 120 days, execute an agreement duly approved by the court having jurisdiction in the premises whereby such receivers or trustees assume and agree to be bound by each and every term, provision, and limitation of the franchise.
(2) 
Foreclosure. Subject to the provisions of this chapter permitting a lender to operate a cable communications system upon the default of the grantee in its obligations to such lender, in the case of a foreclosure or other judicial sale of the plant, property, and equipment of the grantee, or any part thereof, the city may serve notice of termination upon the grantee and the successful bidder at such sale, in which event the franchise and all rights and privileges of the grantee hereunder shall cease and terminate 30 days after the services of such notice, unless:
(a) 
The city council shall have approved the transfer of the franchise in the manner provided by this chapter; and
(b) 
Such successful bidder shall have covenanted and agreed with the city to assume and be bound by all the terms and conditions of the franchise.
(Prior code § 19-26; Ord. 619-88, 11-8-1988)