This chapter shall be known and may be cited as the "Maple Bluff Cable
Television Franchise Ordinance," hereinafter "this chapter."
For the purpose of this chapter the following terms, phrases, words
and their derivations shall have the meaning given herein. "May" is permissive;
"shall" is mandatory.
BASIC SERVICE
All subscriber services provided by the grantee in one or more service
tiers, which includes the delivery of local broadcast stations and public,
educational and government access channels. Basic service does not include
optional program and satellite service tiers, a la carte services, or per-channel,
per-program or auxiliary services for which a separate charge is made. However,
the grantee may include other satellite signals on the basic service tier.
CABLE SERVICE
The one-way transmission to subscribers of video programming or other
programming services and subscriber interaction, if any, that is required
for the selection or use of such video programming or other programming services.
CABLE SYSTEM or SYSTEM or CABLE TELEVISION 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, 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 any public right-of-way;
C.
A facility of a common carrier which is subject, in whole or in part,
to the provisions of 47 U.S.C. §§ 201 to 222, except that the
facility is a cable television system to the extent that the facility is used
in transmission of video programming directly to subscribers; or
D.
Any facilities of any electric utility used solely for operating its
electric utility system.
CLASS IV CHANNEL
A signaling path provided by a cable communications system to transmit
signals of any type from a subscriber terminal to another point in the cable
communications system.
CONTROL or CONTROLLING INTEREST
Actual working control or ownership of a system in whatever manner
exercised. A rebuttable presumption of the existence of control or a controlling
interest shall arise from the ownership, directly or indirectly, by any person
or legal entity (except underwriters during the period in which they are offering
securities to the public) of 25% or more of a cable system or the franchise
under which the system is operated. A change in the control or controlling
interest of a legal entity which has control or a controlling interest in
a grantee shall constitute a change in the control or controlling interest
of the system under the same criteria. "Control" or "controlling interest"
as used herein may be held simultaneously by more than one person or legal
entity.
CONVERTER
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber and by an appropriate
channel selector also permits a subscriber to view more than 12 channels delivered
by the system at designated converter dial locations.
DWELLING UNIT
Any building or part of a building that is used as a home or residence.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
FRANCHISE
An initial authorization, or renewal thereof, issued by the Village
as the franchising authority to a grantee to construct or operate a cable
system.
FRANCHISE AGREEMENT
A contractual agreement entered into between the Village and any
grantee hereunder that is enforceable by the Village and by the grantee and
which sets forth the rights and obligations between the Village and the grantee
in connection with the franchise.
GRANTEE
A person or legal entity to whom or to which a franchise under this
chapter is granted by the Village, along with the lawful successors or assigns
of such person or entity.
GROSS REVENUES
All revenue collected by the grantee arising from or attributable
to the provision of cable service by the grantee within the Village, including
but not limited to periodic fees charged subscribers for any basic, optional,
premium, per-channel or per-program service; franchise fees; installation
and reconnection fees; leased channel fees; converter rentals and/or sales;
program guide revenues; late or administrative fees; upgrade, downgrade or
other change in service fees; local advertising revenues; revenues from home
shopping and bank-at-home channels; and revenues from the sale, exchange,
use or cable cast of any programming developed on the system for community
or institutional use; provided, however, that this shall not include any taxes
on services furnished by the grantee herein imposed directly upon any subscriber
or user by the state, local or other governmental unit and collected by the
grantee on behalf of the governmental unit.
INITIAL SERVICE AREA
All areas in the Village having a density of at least 40 dwelling
units per street mile.
INSTALLATION
The connection of the system from feeder cable to a subscriber's
terminal.
LOCAL ADVERTISING REVENUES
Local and regional advertising revenues derived from the sale of
locally and regionally inserted advertising, except such advertising sold
by or through the grantee's national representative firm.
MONITORING
Observing a communications signal, or the absence of a signal, where
the observer is neither the subscriber nor the programmer, whether the signal
is observed by visual or electronic means, for any purpose whatsoever, provided
that "monitoring" shall not include system-wide, non-individually-addressed
sweeps of the system for purposes of verifying system integrity, controlling
return path transmissions, or billing for pay services.
NORMAL BUSINESS HOURS
As applied to the grantee, those hours during which similar businesses
in the Village are open to serve customers. In all cases, normal business
hours must include some evening hours at least one night per week and/or some
weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions that are within the control of the grantee.
Those conditions that are not within the control of the grantee 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 grantee 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 cable system.
PERSON
Any natural person or any association, firm, partnership, joint-stock
company, limited liability company, joint venture, corporation, or other legally
recognized entity, private or public, whether for-profit or not-for-profit.
SERVICE INTERRUPTION
The loss of either picture or sound or both for a single or multiple
subscribers.
STREET
The surface of and all rights-of-way and the space above and below
any public street, road, highway, freeway, lane, path, public way or place,
sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter
held by the Village for the purpose of public travel and shall include other
easements or rights-of-way as shall be now held or hereafter held by the Village
which shall, within their proper use and meaning, entitle the grantee to the
use thereof for the purposes of installing poles, wires, cable, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and pertinent to a cable television
system.
SUBSCRIBER
Any person(s), firm, grantee, corporation or other legal entity or
association lawfully receiving any service provided by a grantee pursuant
to this chapter.
USER
A party utilizing a cable television system channel for purposes
of production or transmission of material to subscribers, as contrasted with
receipt thereof in a subscriber capacity.
VILLAGE
The Village of Maple Bluff, Wisconsin.
Any franchise granted by the Village pursuant to § 66.0419,
Wis. Stats., shall grant to the grantee the right and privilege to erect,
construct, operate and maintain in, upon, along, across, above, over and under
the streets now in existence and as may be created or established during the
term of the franchise any poles, wires, cable, underground conduits, manholes,
and other television conductors and fixtures necessary for the maintenance
and operation of a cable system.
Any franchise is for the legally incorporated territorial limits of
the Village and/or any area henceforth added thereto during the term of the
franchise.
Any franchise and the rights, privileges and authority granted under
this chapter shall take effect and be in force from and after final Village
approval thereof, as provided by law, and shall continue in force and effect
for a term of no longer than 15 years, provided that within 45 days after
the date of final Village approval of the franchise the grantee shall file
with the Village its unconditional acceptance of the franchise and promise
to comply with and abide by all its provisions, terms and conditions. Such
acceptance and promise shall be in writing duly executed and sworn to by or
on behalf of the grantee before a notary public or other officer authorized
by law to administer oaths. Such franchise shall be nonexclusive and revocable.
No cable television system shall be allowed to operate or to occupy
or use the streets for system installation and maintenance purposes without
a franchise.
The Village shall have the right to install and maintain upon the poles
of the grantee at a charge equal to the grantee's costs any wire or pole fixtures
that do not unreasonably interfere with the cable television system operations,
including future plans, of the grantee. The Village shall indemnify and hold
harmless the grantee from any claim that might arise due to or as a result
of the Village's use.
Costs to be borne by a grantee shall include any requirements or charges
incidental to the awarding or enforcing of its initial franchise but shall
not be limited to all costs of publications of notices prior to any public
meeting provided for pursuant to this chapter and any costs not covered by
application fees incurred by the Village in its study, preparation of proposal
documents, evaluation of all applications, and examinations of the applicant's
qualifications.
All notices from the grantee to the Village pursuant to any franchise
shall be to the Village Clerk-Treasurer. The grantee shall maintain with the
Village, throughout the term of the franchise, an address for service of notices
by mail. The grantee shall maintain a central office to address any issues
relating to operating under this chapter.
Minimum public notice of any public meeting relating to the franchise
shall be governed by the provisions of the State Open Meetings Law and shall be on at least one channel of the grantee's system between
the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days prior to the
meeting.
The grantee shall provide cable television service throughout the entire
franchise area pursuant to the provisions of the franchise and shall keep
a record for at least three years of all requests for service received by
the grantee. This record shall be available for public inspection at the local
office of the grantee during regular office hours.