[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969 as Part VI of the Appendix of the 1969 Code. Amendments noted where applicable.]
The Antenna Systems Corporation (hereinafter called the "Corporation") is hereby given and granted the right and privilege to erect and maintain in any and all existing or future streets, avenues, lanes, highways and public alleys in said village, for the purpose of transmission and distribution of television impulses, energy and signals, a community antenna television system and a closed circuit television system.
At all times after the placing of said poles and installation of said wires the Corporation shall be permitted to examine the same and to keep the same in proper condition and repair and do all necessary work to properly maintain the construction and operation thereof.
The Corporation shall at all times make and keep full and complete plans, maps and records, showing the exact location of all equipment installed and used by the corporation in the village, and the same shall be open for inspection by the Village Engineer at all times.
The location of all poles and wires on said highways shall be subject to the direction and approval of the Board of Trustees or their duly authorized agent; and all such poles and wires shall be in and along the sides of said highways, except that wires may be strung across highways wherever necessary.
The Corporation, before beginning any new work in said village under this franchise, save and except lateral services, shall file with the Village Engineer a plan showing the highways in which it proposes to install said poles and wires, and the particular parts thereof it proposes to occupy.
Wherever the word "highway" is used in this franchise it shall mean common and public highways and shall include any street or bridge, under the jurisdiction of the village, forming part of a highway.
The Corporation shall indemnify, save harmless and defend the village, its boards, commissions, officers, agents and employees against any claim for injury to or death of any person or any injury to any property caused by the Corporation in the construction or operation of its property or arising out of the exercise of any right under this franchise; and in the event of any determination of liability of the village, shall save harmless and indemnify its boards, commissions, officers, agents and employees from any and all liabilities growing out of or as a result of the violation or failure on the part of the Corporation, its successors and assigns to observe its proper duty, or because of negligence in whole or in part arising out of the construction, repair, extension, maintenance or operation of its services or equipment of any kind or character used in connection with this franchise.
The Corporation shall procure and furnish and file with the Village Clerk before proceeding with any work of installation or otherwise, personal liability insurance with limits of not less than $100,000 to any one person and $300,000 for any one accident, and a policy of property damage insurance with a limit of not less than $50,000. In addition, said Corporation shall comply with the Workmen's Compensation requirements of the State of New York.
All installation of equipment, including wires and cables, shall be placed, erected and maintained in a proper workmanlike manner and in accord with good engineering practices, and of sufficient height to comply with all existing village regulations and ordinances and state laws so as not to interfere in any manner with the rights of the public or individual property owners; and shall not interfere with the travel and use of public places; and during the construction, repair or removal thereof shall not reasonably obstruct or impede traffic. In the event of any urban renewal or other public improvement program, said Corporation agrees to remove and relocate its equipment, poles, wires and apparatus at no expense to the village.
Except for a mortgage to secure a loan or loans to construct and operate said system, and except for such transactions as may be required for liquidation, reorganization and/or recapitalization of the Antenna Systems Corporation, Antenna Systems Corporation shall not sell, transfer, assign or sublet its system and the privileges granted herein without first securing the approval of the Village Board of the Village of Massena for such sale, transfer, assignment or sublease. Such approval will not be unreasonably withheld. The exceptions herein noted are made by reason of the understanding of the parties hereto that in the rebuilding and reconstruction of the system to be provided by Antenna Systems Corporation, that some changes as indicated may be required, and in making this agreement the Village of Massena, through its Village Board, acknowledges that it has knowledge and understanding of such possibility.
The Corporation agrees to provide the services of the Community Antenna Television System and Closed Circuit Television System, together with all services provided in this franchise, where economically feasible, to any and all residents of the village on all village streets, with such service to use existing poles where space thereon permits and if not, on Corporation poles, on approval thereof by the Board of Trustees of said village.
Said Corporation shall continue to provide its subscribers the five channels and F.M. radio signal as heretofore, and in addition it shall rebuild the systems in the village so as to provide two New York City independent stations and a Syracuse ABC affiliate, by microwave. The Corporation shall also provide a channel for the broadcast of continuous time and weather information, 24 hours per day, seven days per week, with F.M. background music, which channel can be converted to local origination program, and any other special off-the-air signals, or off-the-air educational channels as they may become available, the monthly service charge therefor to be subject to negotiation by the parties.
If the rebuilding of said system for microwave, as provided in § A309-12 hereof, is not completed by May 31, 1968, the Board of Trustees shall have the right to terminate this agreement in accordance with provisions contained herein; provided that the failure to complete said rebuilding is within the control of the Corporation.
The Corporation shall provide an acceptable standard of picture and service throughout the village to all its subscribers. Any degradation of picture quality resulting from the Corporations operations will be repaired or corrected within a reasonable time.
The Corporation shall not engage in the business of television repair service or the sale of television sets.
In the event of the lapse or termination of said franchise all equipment of said Corporation shall be removed at no cost to the village.
This franchise may be cancelled upon substantial failure of the Antenna Systems Corporation to comply with the terms and conditions hereof, except as to those failures to comply which are caused by acts of God, labor disputes, injunctions, judgments, fire, flood, public disaster or other occurrences beyond the control of the Antenna Systems Corporation after due notice and a hearing is had. In the event that such notice is given, such hearing shall be had before either a Supreme Court Justice of the State of New York sitting in St. Lawrence County, or before the County Judge of St. Lawrence County, who shall have the power to hear and determine the issues raised by the notice given to Antenna Systems Corporation. So far as applicable, the provisions of Article 75 of the Civil Practice Law and Rules of the State of New York shall govern such a proceeding. In the event of a cancellation or other termination by reason of this provision of this franchise or for any other reason, the Antenna Systems Corporation shall at its own expense forthwith remove all of its construction and equipment from the streets, alleys and public places in the Village of Massena and restore such to as good condition as before, subject to ordinary wear and tear and damage by the elements, to the reasonable satisfaction of the Village Board of the Village of Massena.
No increases in rate charges to subscribers shall be made except as authorized by the Village Board after a hearing affording due process to the public.
[Amended 9-4-1973; 11-17-1976]
NewChannels' rates for services rendered to residential customers, persons living in homes, apartments, condominiums, mobile homes or other residential units, shall not exceed the following schedule:
NewChannels' rates for services rendered to commercial customers (i.e., nonresidential) shall not exceed the following schedule:
NewChannels' rates for multiunit commercial establishments, such as hotels, motels, hospitals and nursing homes, shall not exceed the following schedule:
NewChannels' rates for home box office (i.e., pay television) shall not exceed the following schedule:
The franchise hereby granted shall be for the term of 12 years from and after the effective date of the ordinance or local law granting said franchise, provided that if at any time within two years of the expiration date of any renewal hereof, the Corporation shall notify the Village Board of Trustees, in writing, that it desires a renewal thereof for a further period, the said Board may but shall not be obligated to renew by ordinance or local law this agreement, from time to time, for further periods not exceeding 10 years, at any one time.
The Corporation shall pay the costs, charges and expenses of the village and its attorney, incidental to the preparation and passing of such ordinance or local law and this agreement.
As a part of the consideration for this franchise, Antenna Systems Corporation shall pay to the Village of Massena as additional consideration for the granting of this franchise, for the period hereinbefore specified, a sum computed at 2% of the gross billings derived from monthly service charges only for the sale of its services in the Village of Massena under this new franchise, such new franchise to permit the Antenna Systems Corporation to commence its monthly service charge to customers as of the beginning of the month following the completion of the installation of the service provided for in this franchise, and such two-percent additional consideration to apply to such monthly service charge billings as such installations are completed, it being understood in amplification of this statement that the Corporation shall commence charging with the commencement of the providing of the new service designed to be provided by this franchise, and shall be obligated to pay on its gross billings as the result thereof to the village the percentage indicated coincident with the commencement of making of such charge for such new service. No two-percent payment shall be required for continuation of existing service. The computations for the purpose of making the payments required hereunder shall be made at least quarterly, based upon the preceding calendar year. Concurrently with such payment, the Antenna Systems Corporation shall provide the Village of Massena with a certified public accountant's statement of the full true and complete record of its gross billings for monthly service charges only during the period for which payment is being made and with respect only to the monthly service charges which have been billed for the new service being provided under this franchise. Such payment shall be in lieu of any other tax or increased rate of tax or other imposition, assessment or charge except real property taxes. The taxes referred to herein are intended to mean taxes imposed or otherwise assessed by the Village of Massena.
Antenna Systems Corporation shall make its books, vouchers, contracts and records, with respect to the monthly service billings made by it which are by this franchise subjected to the two-percent payment hereinabove required, available to the auditors of the Village of Massena at all reasonable times for the purpose of ascertaining the gross monthly service billings in the Village of Massena upon which said Antenna Systems Corporation is obligated to the Village of Massena for the payments hereinabove prescribed.
Editor's Note: This amendment also approved the proposed merger of the Antenna System Corporation into its parent, New Channels Corporation.
It is understood that the privileges granted hereunder shall not include the right or privilege of stringing wire or cables from house to house or upon trees along the streets not within the highway, nor shall the Corporation erect or construct its lines through backyards, from housetop to housetop, or from or through adjacent rear properties.
If any section, sentence, clause, phrase or paragraph of the local law or ordinance for any reason be held illegal, invalid or unconstitutional, such invalidity shall not affect the validity of any other section, sentence, clause, phrase or paragraph of said ordinance, local law or agreement. If said agreement becomes substantially unworkable because of any such invalidity or illegality then this franchise shall be subject to revision or amendment.
This franchise shall extend to, benefit and bind the parties hereto, their successors and assigns.
The Mayor of the Village of Massena is authorized to execute an agreement with the Corporation in accordance with the terms contained herein.
All ordinances or parts of ordinances of the Village of Massena, New York, inconsistent with the provisions of this chapter are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this chapter shall be in addition to the other ordinances regulating and governing the subject matter covered by this chapter.
In the construction, installation, maintenance and repair of its cable system, NewChannels will use material of good and durable quality. In the operation of its system, NewChannels will employ personnel with training, skill and experience in electronics and communications. In the event of war or other similar national emergency when such materials and/or personnel are not available, NewChannels is hereby authorized to use whatever materials or personnel as may be available as a substitute. All work involved in construction, installation, maintenance and repair of the system will be performed in a safe, thorough and reliable manner.
NewChannels shall execute, deliver and file security in the amount of $5,000 in the form of a bond deposited with the Village Clerk within 30 days of the approval of the amendment of the franchise to guarantee the faithful performance by NewChannels of the obligations of the franchise.
NewChannels shall not abandon the franchise or any portion of it or any service provided without the written consent of the Village Board.
If NewChannels curtails or abandons service to any portion of the franchise area, other than for nonpayment of fees, without the written consent of the Village Board, NewChannels shall forfeit the sum of $5,000 to the village until such time as service to the area is restored.
If the bond or any portion of it should be forfeited to the village, NewChannels shall post additional security to cover the amount so forfeited, so that at all times during the term of the franchise security posted by NewChannels will remain at $5,000.
Upon the termination of the franchise, any moneys deposited with the village by NewChannels and not forfeited to the village, in accordance with this amendment, shall be returned to NewChannels.
Local office. During the term of this franchise, and any renewal thereof, NewChannels shall maintain a local business office or agent for the purpose of resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than from 9:00 a.m. to 4:00 p.m., Monday through Friday. Any complaints from subscribers shall be acted upon as soon as possible, but in no case later than the following scheduled business day after receipt. This provision shall be complied with if NewChannels maintains a local business office outside the village in a place easily accessible to village residents.
Complaints. Any complaints received at the local office regarding quality of service, equipment malfunction, billing disputes and other matters which cannot be resolved to the satisfaction of the subscriber within three business days of their receipt may be forwarded to NewChannels' main office by the subscriber. The right to register a complaint with either NewChannels' local office or main office exists independently of this section and nothing contained in this section is intended to limit this right.
Within five business days after receipt of such complaints at the main office, NewChannels shall contact the subscriber, investigate the complaint and take whatever reasonable steps as may be necessary to resolve the complaint. NewChannels shall advise the subscriber in writing of any and all steps taken to resolve the complaint and preclude any recurrence of the matter complained of.
NewChannels shall post a notice of the procedure outlined in this section, together with the address and telephone number of NewChannels' main office, in a conspicuous place in the local office. NewChannels shall also provide notice to each subscriber annually of the procedure for reporting and resolving complaints. Notice of the procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the cable system.
Any municipal property damaged or destroyed by NewChannels shall be promptly repaired or replaced by NewChannels and restored to serviceable condition.
NewChannels will not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex.
The right is hereby reserved to the village to adopt, in addition to the provisions herein contained and existing, applicable ordinances and such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the laws of the State of New York. However, any substantive change in any of the rights or obligations of NewChannels shall not be effective until NewChannels has had an opportunity to be heard thereon and afforded due process of law with respect to any additional, amended or changed regulations.
The village shall have access, upon reasonable notice and during normal business hours, to all books, records, maps, plans, financial statements and other like materials of NewChannels relating to the property and operation by NewChannels of the franchise and to all other records required to be kept hereunder.
The Mayor of the village shall be responsible for the continuing administration of the franchise and for the implementation of the complaint procedures.
The terms of this franchise are subject to the approval of the New York State Commission on Cable Television.
NewChannels shall file requests for all necessary operating authorizations with the New York State Commission on Cable Television and the Federal Communications Commission within 60 days from the date the franchise is awarded or extended.
NewChannels will conform to all federal and state laws and regulations; and any modification of federal or state franchise standards, rules or regulations will, to the extent applicable, be considered as part of the franchise as of the effective date of the amendment and shall be incorporated into the franchise by specific amendments thereto by action of the Village Board within one year from the effective date of the amendment or at the time of renewal of the franchise, whichever occurs first.
This chapter shall take effect immediately.