The purpose of this chapter is to:
A. 
Establish a local policy concerning cable systems, open video systems, and private communication systems that use the public rights-of-way in the City;
B. 
Promote the availability of diverse, multimedia information resources to the community; enhance educational opportunities throughout the community and build a stronger community;
C. 
Encourage the provision of advanced and competitive cable or open video system services on the widest possible basis to the businesses, institutions and residents of the City;
D. 
Encourage economic development while preserving aesthetic and other community values and prevent proliferation of aboveground facilities; and
E. 
Encourage universal access to video programming services for all residents and businesses.
As used in this chapter:
A. 
The masculine includes the feminine, the singular includes the plural and the present tense includes the future tense.
B. 
The word "person" includes an individual, firm or corporation.
C. 
The word "shall" is always mandatory.
D. 
Words not defined in this chapter shall have the same meaning as in Title VI of Title 47 of the United States Code and, if not defined therein, their common and ordinary meaning.
E. 
References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision.
F. 
References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
Unless the context of the chapter otherwise requires, the following definitions of words and phrases shall be used in the interpretation and construction of this chapter.
ACCESS, PEG ACCESS or PEG USE
The availability of a cable system or open video system for public, educational or governmental use (including institutional network use) by various agencies, institutions, organizations, groups, and individuals, including the City and its designated access providers, to acquire, create, and distribute programming not under a franchisee's editorial control, including, but not limited to:
A. 
PUBLIC ACCESS or PUBLIC USEAccess where organizations, groups, or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers or users;
B. 
EDUCATIONAL ACCESS or EDUCATIONAL USEAccess where school districts and not-for-profit educational institutions chartered by the New York State Education Department of Regents are the primary or designated programmers or users; and
C. 
GOVERNMENTAL ACCESS or GOVERNMENTAL USEAccess where municipal, county or state government, or agencies thereof, are the primary or designated programmers or users having editorial control over their programming.
AFFILIATE
A person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
BASIC SERVICE
Any service tier regularly provided to all subscribers which includes the retransmission of local television broadcast signals and PEG access channels.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time.
CABLE COMMUNICATIONS SYSTEM
An open video system (OVS) or cable system, except for:
A. 
A system that serves fewer than 50 subscribers; or
B. 
A master antenna television system as defined in New York State Public Service Law § 212.
CABLE SERVICE
The one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, including programming delivered in Internet protocol format, but such term does not include:
A. 
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. 
A facility that serves subscribers without using, or connecting to a facility that uses, any public rights-of-way within the City;
C. 
A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
D. 
Any facilities of any electric utility used solely for operating its electric utility systems;
E. 
An OVS that is certified by the FCC; or
F. 
A video service provided over the public Internet using Internet protocol, or any successor protocol that is not offered by, or not offered as part of a package of video services offered by, a video service provider or its affiliate.
CHANNEL
A portion of the electromagnetic frequency spectrum which is used in a cable system or OVS and which is capable of delivering a television signal whether in an analog or digital format. The definition does not restrict the use of any channel to the transmission of analog television signals or one-way transmission.
CITY
City of Saratoga Springs and all departments, divisions, and agencies thereof.
CONSTRUCTION, OPERATION, MAINTENANCE or REPAIR
The named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, and excavation.
DOWNSTREAM CHANNEL
A channel designed and activated to carry a transmission from the headend to other points on a cable communications system, including interconnections.
FCC
The Federal Communications Commission.
FRANCHISE
An authorization granted by the City to the operator of a cable communications system giving the operator the nonexclusive right to occupy the space, or use facilities upon, across, beneath, or over public rights-of-way in the City, to provide specified services within a franchise area.
FRANCHISE AREA
The area of the City that a franchisee is authorized to serve by the terms of its franchise or by operation of law.
FRANCHISEE
A person holding a cable communications system franchise granted by the City.
GROSS REVENUES
All cash, credits, property, or other consideration of any kind or nature received directly or indirectly by a franchisee or its affiliates from any source whatsoever arising from, attributable to, or in any way derived from a franchisee's operation of a cable system to provide cable service within the franchise area. "Gross revenues" includes, but is not limited to, fees charged to subscribers for basic service; fees charged to subscribers for any optional premium per-channel, per-program, or video-on-demand service; monthly fees charged to subscribers for any tier of service other than basic service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; fees, payments, or other payment received as consideration from programmers for carriage of programming on the cable system; converter rentals or sales; advertising revenues, including a per capita share of advertising revenues for advertising carried on more than one cable system; revenues from home shopping channels; sales of programming guides; and such other revenue sources as may now exist or hereafter develop. The definition shall be interpreted in a manner which permits the City to collect the maximum franchise fee permitted by law, irrespective of the source of revenue. "Gross revenues," however, shall not include any bad debt (defined as unpaid subscriber or advertiser accounts) or any taxes on services imposed directly upon any subscriber (but not on a franchisee) or user by the state, City, or other governmental unit and collected by a franchisee on behalf of said governmental unit. The amount paid as a franchise fee shall not be deducted from gross revenues unless required to be deducted under federal law.
MAYOR
The Mayor of the City or the Mayor's designee.
OPERATOR
A person:
A. 
Who directly or through one or more affiliates provides service over a cable communications system and directly or through one or more affiliates owns a significant interest in such facility; or
B. 
Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility.
OVS
An open video system. A reference to an OVS includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS or installed in conjunction with the OVS.
PERSON
Any individual, corporation, partnership, association, joint-stock company, trust, or any other legal entity, but not the City.
PUBLIC PROPERTY
Any property that is owned or under the control of the City that is not a public right-of-way, including, for purposes of this chapter, but not limited to, buildings, parks, poles, structures in the public rights-of-way such as utility poles and light poles, or similar facilities or property owned by or leased to the City.
PUBLIC RIGHTS-OF-WAY
The surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the City, which may be properly used for the purpose of installing, maintaining, and operating a cable communications system, and any other property that a franchisee is entitled by state or federal law to use by virtue of the grant of a franchise.
SUBSCRIBER
The City or any person who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system, whether or not a fee is paid for such service.
UPSTREAM CHANNEL
A channel designed and activated to carry transmissions from a point on the cable system, other than the headend, to the headend or another point on the cable system.
No person may construct or operate a cable communications system in the City without first obtaining a City franchise therefor.
Any franchise shall be issued in the form of a contract and must be executed by both the City and the franchisee to become effective.
A. 
Scope. A franchise granted pursuant to this Code shall authorize and permit a franchisee to construct, operate and repair a cable system or an OVS (as applicable) to provide cable service in the City and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such cable system in, on, over, under, upon, across, and along those public rights-of-way that the City may authorize a franchisee to use.
B. 
Nothing passes by implication. A franchise shall not convey rights other than as specified in this chapter or in a franchise agreement; no rights shall pass by implication.
C. 
Franchise not in lieu of other authorizations. A franchise shall not include, or be a substitute for:
(1) 
Complying with requirements for the privilege of transacting and carrying on a business within the City, including but not limited to complying with the conditions the City may establish before constructing facilities for, or providing, noncable services;
(2) 
Any permit, agreement or authorization required in connection with operations on or in public rights-of-way or public property, including, by way of example and not limitation, street cut permits; or
(3) 
Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the franchise.
D. 
Franchisee must comply with other laws. A franchise does not relieve a franchisee of its duty to comply with all City ordinances and regulations, and every franchisee must comply with the same. Likewise, the rights granted under a franchise are subject to the exercise of police and other powers the City now has or may later obtain, including but not limited to the power of eminent domain. Every franchise shall be deemed to incorporate all the requirements of the City Code.
E. 
Franchise not a grant of property rights. A franchise does not convey title, equitable or legal, in the public rights-of-way. Rights granted may not be subdivided or subleased.
F. 
Franchise nonexclusive. No franchise shall be exclusive, prevent the City from issuing other franchises or authorizations, or prevent the City from itself constructing, operating, or repairing its own cable communications system, with or without a franchise.
G. 
Franchise term. Every franchise shall be for a term of years, which term shall be eight years, unless a franchise specifies otherwise.
H. 
Costs borne by franchisee. Unless otherwise specifically stated in a franchise or required by law, all acts which a franchisee is required to perform under the franchise or applicable law must be performed at the franchisee's expense.
I. 
Failures to perform. If a cable communications system operator fails to perform work that it is required to perform within the time provided for performance, the City may perform the work and bill the operator therefor. The operator shall pay the amounts billed within 30 days.
A. 
Adoption of regulations. The City may, from time-to-time, adopt regulations to implement the provisions of this chapter. This chapter, and any regulations adopted pursuant to this chapter, are not contracts with any franchisee and may be amended at any time.
B. 
Delegation. The Mayor or his/her designee (hereafter referred to as the "Cable Administrator") is hereby authorized to administer the provisions of this chapter and any franchise issued pursuant thereto and to provide any notices (including noncompliance notices) and to take any action on the City's behalf that may be required hereunder or under applicable law.
C. 
No waiver. The failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under a franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.
D. 
Administration of public, educational and government access. The City may designate one or more entities, including itself, to control and manage the use of public, educational and governmental access channels, facilities and equipment.
A. 
Prior approval required. Every franchise shall be deemed to be held in trust and to be personal to the franchisee. Any transfer that is made without the prior approval of the City shall be deemed to impair that trust. A transfer is any transaction pursuant to which:
(1) 
A cable communications system or the rights and/or obligations held by the franchisee under the franchise are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another person (except the term does not include sale of portions of the cable system that are removed); or
(2) 
There is any change, acquisition, or transfer of control of the franchisee or its direct or indirect parents, whether by merger, consolidation, sale of assets or ownership interests, or any other means. A transfer occurs whenever there is a change in actual working control, in whatever manner exercised, over the affairs of a franchisee or its direct or indirect parents. Without limiting the above, any change in the general partners of a franchisee will be presumed a change in control.
B. 
Exception for mortgages. Notwithstanding any other provision of this chapter, pledges in trust or mortgages of the assets of a cable communications system to secure the construction, operation, or repair of the cable system may be made without application and without the City's prior consent. However, no such arrangement may be made if it would in any respect under any condition 1) prevent the cable communications system operator or any successor from complying with the franchise or applicable law or 2) permit a third party to succeed to the interest of the franchisee, or to own or control the system, without the prior consent of the City. Any mortgage, pledge or lease shall be subject to and subordinate to the rights of the City under any franchise, this chapter, or other applicable law.
A. 
Franchisee must follow local rules. The construction, operation, and repair of cable communications systems shall be performed in compliance with all laws, ordinances, departmental rules, regulations, and practices affecting such cable communications system. By way of example, and not limitation, this includes zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by system construction, and directives governing the time, place and manner in which facilities may be installed in the rights-of-way. Persons engaged in the construction, operation, or repair of communications facilities shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
B. 
No permit without franchise. A franchise is required before a permit may be issued for work associated with the construction of a cable communications system. Any permit issued for such work to a person that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon the City's demand.
C. 
Permits must be obtained. Construction, operation, or repair of a cable communications system shall not commence until all required permits have been obtained from the proper City official and all required fees have been paid. All work performed will be performed in strict accordance with the conditions of the permit. Upon order of the City, any work and/or construction undertaken that is not completed in compliance with the City's requirements, or which is installed without obtaining necessary permits and approvals, shall be removed.
D. 
No interference. Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized. The City may require a person using the public rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the rights-of-way.
E. 
Existing poles to be used. To the extent possible, operators of cable communications systems shall use existing poles and conduits. Additional poles may not be installed in the public rights-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the City.
F. 
Undergrounding.
(1) 
Whenever all existing utilities are located underground in an area in the City, every cable communications system operator in the same area must locate its cable communications system underground.
(2) 
Whenever the owner of a pole locates or relocates underground within an area of the City, every cable communications system operator in the same area shall concurrently relocate its facilities underground.
(3) 
The City may, for good cause shown, exempt a particular system or facility or group of facilities from the obligation to locate or relocate facilities underground, where relocation is impractical or where the interest in protecting against visual blight can be protected in another manner. Nothing in this section prevents the City from ordering communications facilities to be located or relocated underground under other provisions of the general City law.
G. 
Prompt repairs. Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation or repair of a cable communications system shall be promptly repaired by the operator. Public property and public rights-of-way must be restored to the satisfaction of the City or to a condition as good as or better than before the disturbance or damage occurred.
H. 
Movement of facilities for government.
(1) 
A cable communications system operator shall, by a time specified by the City, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the City by reason of traffic conditions; public safety; public rights-of-way construction and repair (including regrading, resurfacing or widening); public rights-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the cable communications system. Collectively, such matters are referred to below as the "public work."
(2) 
The City shall provide written notice describing where the public work is to be performed at least one week prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. In an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without prior notice and charge the cable communications system operator for costs incurred.
I. 
Movement for others.
(1) 
To accommodate the construction, operation, or repair of the facilities of another person authorized to use the streets or public property, a franchisee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The franchisee must be given written notice describing where the construction, operation or repair is to be performed at least 15 days prior to the time by which its work must be completed. The City may resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among entities authorized to install facilities in the streets or on public property if such entities are unable to do so themselves.
(2) 
A cable communications system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than seven days' advance notice to arrange for such temporary wire changes. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same.
J. 
Abandonment in place.
(1) 
A cable communications system operator may abandon any property in place in the public rights-of-way upon written notice to the City. However, if, within 90 days of the receipt of written notice of abandonment, the City determines that the safety, appearance, functioning or use of the public right-of-way and facilities in the public rights-of-way will be adversely affected, the property must be removed by a date specified by the City.
(2) 
A cable communications system operator that abandons its property must, upon request from the City Council, transfer ownership of the properties to the City at no cost and execute necessary quitclaim deeds and indemnify the City against future costs associated with mitigating or eliminating any environmental hazard associated with the abandoned property.
K. 
System subject to inspection. Every cable communications system facility shall be subject to inspection and testing by the City. Each operator must respond to requests for information regarding its system and plans for the system as the City may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated, or repaired.
L. 
Underground services alert. Each operator of a cable communications system that places facilities underground shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark the locations of its underground communications facilities upon request. The operator shall locate its facilities for the City at no charge.
M. 
Plan for construction. Each cable communications system operator shall provide the City a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of the project and the areas of the City that will be affected.
N. 
Use of facilities by City. The City shall have the right to install and maintain, free of charge upon any poles or in any conduit owned by a franchisee, any wire and pole fixtures that do not unreasonably interfere with the cable service operations of the franchisee.
A. 
Indemnity required. No franchise shall be valid or effective until and unless the City obtains an adequate indemnity from the franchisee and such indemnity is maintained in effect. The indemnity must:
(1) 
Release the City from and against any and all loss, damage, expense, cost (including, without limitation, the cost of litigation), liability and responsibility in or arising out of the construction, operation or maintenance of the cable communications system or the City's grant of a franchise to franchisee, or franchisee's enjoyment of the franchise. Each cable communications system operator must further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters.
(2) 
Indemnify and hold harmless the City, its elected and appointed officers, agents, and employees from and against any and all claims, demands, or causes of action of any kind or nature and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable communications system operator, or its agents, independent contractors or employees, related to or in any way arising out of the construction, operation, maintenance or repair of the system.
(3) 
Provide that the covenants and representations relating to the release, indemnification, and hold harmless provision shall survive the term of the franchise or other authorization and continue in full force and effect as to the franchisee's responsibility to indemnify.
B. 
Insurance required. A franchisee (and/or those acting on its behalf) shall not commence construction or operation of the cable system without obtaining insurance in amounts and of a type satisfactory to the City. The required insurance must be obtained and maintained for the entire period the franchisee has facilities in the public rights-of-way. If the franchisee, its contractors, or subcontractors do not maintain the required insurance, the City may order such entities to cease operations until such time as the insurance is obtained and approved by the City.
C. 
Proof. Certificates of insurance, reflecting evidence of the required insurance and naming the City as an additional insured, and other proofs as the City may find necessary, shall be filed with the City. For persons issued franchises after the effective date of this chapter, certificates and other required proofs shall be filed 30 days prior to the issuance of a franchise, once a year thereafter, and whenever there is any change in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within 60 days of the effective date of this chapter, annually thereafter, and whenever there is any change in coverage, unless a preexisting franchise provides for the filing of certificates in a different manner.
D. 
Certificate contents. Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of New York. Financial ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide," published by A.M. Best Guide.
E. 
Insurance amounts. A cable communications system operator and those acting on its behalf to construct or operate the cable system shall each maintain the following minimum insurance. The City shall be named as an additional insured on all such policies by endorsement on the general liability and excess policies; those insurance policies shall be primary and contain a cross-liability clause.
(1) 
Comprehensive general liability insurance to cover liability, bodily injury and property damage.
(a) 
Exposures to be covered are premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:
Coverage
Limits
Bodily injury
Each occurrence
$1,000,000
Annual aggregate
$2,000,000
Property damage
Each occurrence
$1,000,000
Annual aggregate
$2,000,000
Personal injury
Annual aggregate
$3,000,000
(b) 
Completed operations and products liability shall be maintained after the termination of the franchise or license (in the case of the cable communications system owner or operator) or completion of the work for the cable communications system owner or operator (in the case of a contractor or subcontractor) for the duration of the applicable statute of limitations.
(c) 
Property damage liability insurance shall include coverage for the following hazards: X - explosion, C - Collapse, U - underground.
(2) 
Workers' compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, each cable communications system operator shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each cable communications system operator. Each cable communications system operator and its contractors and subcontractors shall maintain during the life of this policy employers' liability insurance. Workers' compensation insurance shall include a waiver of subrogation clause in favor of the City. The following minimum limits must be maintained:
(a) 
Workers' compensation: statutory.
(b) 
Employers' liability: $500,000 per occurrence.
(3) 
Comprehensive auto liability. Coverage shall include owned, hired, and nonowned vehicles.
Coverage
Limits
Bodily injury
Each occurrence
$1,000,000
Annual aggregate
$3,000,000
Property damage
Each occurrence
$1,000,000
Annual aggregate
$3,000,000
(4) 
Excess insurance. Annual aggregate: $5,000,000.
F. 
Performance bond. Every operator of a cable communications system shall obtain and maintain a performance bond to ensure the faithful performance of its responsibilities under this chapter and any franchise. The amount of the performance and payment bonds shall be set by the City Council and may be set in a franchise contract in light of the nature of the work to be performed but shall not be less than 10% of the estimated cost of constructing or (in the case of existing systems) upgrading the cable system. The bond is not in lieu of any additional bonds that may be required through the permitting process. The bond shall be in a form acceptable to the City Attorney. Bonds must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise specifically provides otherwise.
G. 
Security fund. Every cable communications system operator shall establish and maintain a cash security fund or provide the City an irrevocable letter of credit in the amount of $100,000 to secure the payment of fees owed, to secure any other performance promised in a franchise, and to pay any taxes, fees or liens owed to the City. The letter of credit shall be in a form and with an institution acceptable to the City Director of Finance and in a form acceptable to the City Attorney. Should the City draw upon the cash security fund or letter of credit, the cable communications system operator shall, within 14 days, restore the fund or the letter of credit to the full required amount. This security fund/letter of credit may be waived or reduced by the City for a franchisee where the City determines in its discretion that a particular franchisee's operations are sufficiently limited that a security fund/letter of credit is not necessary to secure the required performance. The City may from time to time require a franchisee to change the amount of the required security fund/letter of credit to reflect changed risks to the City and to the public, including delinquencies in taxes or other payments to the City. The cash security fund or letter of credit must be obtained prior to the effective date of any franchise, transfer, or franchise renewal, unless a franchise specifically provides otherwise.
A. 
Revocation and termination. The City Council may revoke a franchise or reduce the term of a franchise if it finds, after public notice and opportunity for a hearing, that a cable communications system operator has violated this chapter or its franchise; has defrauded or attempted to defraud the City or subscribers; or has attempted to evade the requirements of this chapter or its franchise. The franchise may be revoked only if the franchisee was given notice of the default and 60 days to cure the default and failed to cure the default or to propose a schedule for curing the default acceptable to the City where it is impossible to cure the default in 60 days.
B. 
Effect of termination or forfeiture. Upon termination or forfeiture of a franchise, whether by action of the City, as provided above, or by passage of time, the franchisee must stop using the cable communications system for the purposes authorized by the franchise. The City may take possession of some or all of franchisee's facilities or require the franchisee or its bonding company to remove some or all of the franchisee's facilities from the City and restore affected property to its same, or better, condition. This provision does not permit the City to remove facilities that are used to provide another service for which the franchisee holds a valid franchise issued by the City or is otherwise authorized to use the public rights-of-way to provide another service.
C. 
Remedies cumulative. Remedies provided for under this chapter or under a franchise shall be cumulative. Recovery by the City of any amounts under insurance, the performance bond, the security fund or the letter of credit does not limit a franchisee's duty to indemnify the City or relieve a franchisee of its franchise obligations or limit the amounts owed to the City.
A. 
Generally. Each cable communications system operator shall provide the City access to books and records related in whole or in part to the construction, operation, or repair of the cable system, or a group of systems of which the cable system is a part, so that the City may inspect and copy these books and records. The records include, but are not limited to, revenue records and other records related to compliance with any provision of this chapter or a franchise. A franchisee is responsible for obtaining or maintaining the necessary possession or control of all such books and records, so that it can produce the documents upon request. Books and records must be maintained for a period of six years, except that a franchise may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase "books and records" shall be read expansively to include information in whatever format stored.
B. 
Production. Books and records requested shall be produced to the City by a time and at a location in the City designated by the City. However, if the requested books and records are too voluminous or for security reasons cannot be copied and moved, then the franchisee may request that the inspection take place at some other location mutually agreed to by the City and the franchisee, provided that:
(1) 
The franchisee must make necessary arrangements for copying documents selected by the City after its review; and
(2) 
The franchisee must pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents been produced in the City) in inspecting those documents or having those documents inspected by its designee.
A. 
Obligation to submit. The City may from time-to-time direct a franchisee to prepare reports and to submit those reports by a date certain, in a format prescribed by the City, in addition to those required by this chapter for the purpose of ensuring compliance with the provisions of this chapter and the franchise.
B. 
Quarterly reports. Within 45 days of the end of each calendar quarter, a franchisee shall submit a report to the Commissioner of Finance for presentation to the City Council containing the following information:
(1) 
The number of service calls (calls requiring a truck roll) received during the prior quarter and the percentage of service calls compared to the subscriber base; and
(2) 
The total estimated hours of known outages as a percentage of total hours of operation. An "outage" is a loss of sound or video on any signal or a significant deterioration of any signal affecting two or more subscribers.
C. 
Annual reports. No later than 90 days after the end of its fiscal year, a franchisee shall submit to the Commissioner of Finance for presentation to the City Council the following information:
(1) 
An audited or certified revenue report from the previous calendar year for the cable communications system and a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing:
(a) 
Gross revenues by category (e.g., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); and
(b) 
What, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction.
(2) 
A report showing, for each applicable customer service standard, the franchisee's performance with respect to that standard for each quarter of the preceding year. In each case where the franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance. In addition, the report should identify the number and nature of the customer service complaints received and an explanation of their dispositions.
(3) 
An ownership report, indicating all persons who, at the time of filing, control or own an interest in the franchisee of 10% or more.
D. 
Contemporaneous reports. Within 10 days of their receipt or (in the case of documents created by the operator or its affiliate) filing, a franchisee shall provide the Commissioner of Finance for presentation to the City Council:
(1) 
Notices of deficiency or forfeiture related to the operation of the cable system; and
(2) 
Any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly.
Each franchisee shall maintain accurate maps and improvement plans which show the location, size, and a general description of all facilities installed in the public rights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon postconstruction inspection to verify location. Each franchisee shall provide a map to the City showing the location of its facilities, in such detail and scale as may be directed by the City Engineer, and update the map at least annually and whenever the facility expands or is relocated. Copies of maps shall be provided on disk, in a commercially available electronic format specified by the City Commissioner of Public Works.
Unless the City waives the requirement, a franchisee shall at all times maintain:
A. 
Complaint records. Records of all complaints received, their nature and resolution. The term "complaints" refers to complaints about any aspect of the franchisee's operations.
B. 
Outage records. Records of outages known to the franchisee and their cause and duration.
C. 
Complaint response. Records of service calls for repair and maintenance indicating the date and time service was requested, the date of acknowledgment and the date and time service was scheduled (if it was scheduled), and the date and time service was provided and (if different) the date and time the problem was solved.
D. 
Installation records. Records of installation/reconnection and requests for service extension, indicating the date of request, the date of acknowledgment, and the date and time service was extended.
E. 
Customer service. Records sufficient to show whether the franchisee has complied with each customer service standard that applies to it.
The City may, in its discretion and for an interim period that it deems fit, extend the date for a franchisee to comply with the requirements of §§ 94-12 through 94-15. Notwithstanding the foregoing, any such extension of the obligations under §§ 94-12 through 94-15 shall not exempt that franchisee from complying with all relevant and applicable New York State requirements and rules or extend any New York State required compliance requirement dates.
A franchisee shall take all reasonable steps required so that it is able to provide reports, books and records to the City, including by providing appropriate subscriber privacy notices. Each franchisee shall be responsible for redacting data that applicable law prevents it from providing to the City. Nothing in this section shall be read to require a franchisee to violate New York State or federal subscriber privacy laws.
A. 
Fees paid quarterly. The franchise fee paid pursuant to Article II, or the fee in lieu of the franchise fee paid pursuant to Article III, shall be paid quarterly unless otherwise specified in a franchise. Payment for each quarter shall be made to the City not later than 45 days after the end of each calendar quarter.
B. 
Quarterly statement. Unless a franchise provides otherwise, a franchisee or other entity subject to a fee under Article II or III shall file with the City within 45 days of the end of each calendar quarter a statement showing gross revenues during the preceding quarter and the number of subscribers served.
C. 
Acceptance of payment not a release. No acceptance by the City of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the City may have for additional sums payable.
D. 
Fee not in lieu of taxes. Neither the franchise fee under Article II nor the fee paid in lieu of the franchise fee under Article III is a payment in lieu of any tax, fee or other assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers).
E. 
Failure to pay franchise fee. In the event that a fee payment is not received by the City on or before the due date set forth in this section or in a franchise, or the fee owed is not fully paid, the person subject to the fee will be charged interest from the due date at an interest rate equal to 3% above the rate for three-month federal treasury bills at the most recent United States Treasury Department sale of such treasury bills occurring prior to the due date of the franchise fee payment.
F. 
Final statement of gross revenues. Within 90 days of the date a franchisee ceases operations under a franchise (whether because of franchise termination, transfer, or bankruptcy or for any other reason), the franchisee shall file a final statement of gross revenues covering the period from the beginning of the calendar year in which the operations ceased to the date operations ceased. The statement shall contain the information and be certified as required by § 94-13C(1).