[HISTORY: Adopted by the Town Board of the Town of Rotterdam 10-16-1985
by L.L. No. 15-1985. Amendments noted where applicable.]
This local law shall be known and cited as the "Cable Television System
and Audio Communications Services Franchise."
A.
In consideration of the faithful performance and observance
of the conditions and reservations hereinafter set forth, there is hereby
granted to Schenectady Cablevision, Inc., its successors, assigns or designees
the right to erect, install, construct, reconstruct, replace, remove, repair,
maintain and operate in or upon, under, above, across and from the streets,
avenues, highways, sidewalks, bridges and other public ways, easements, rights-of-way
and lands, as now existing and all extensions thereof and additions thereto,
in the Town of Rotterdam, all equipment, facilities, appurtenances and apparatus
of any nature, for the purpose of receiving, amplifying, transmitting and
distributing by studios, cameras, projectors, recorders, antennas, transmitters,
microwaves, wires, cables, coaxial cables, wave guides and cables of television,
radio, electrical and electronic energy, pictures, sounds, signals, impulses
and communications, unidirectional and multidirectional of every nature and
description, audio and video, embracing any and all of the frequencies of
the electromagnetic spectrum, and to otherwise engage in the business, services
and activities generally known as and practiced now and in the future by cable
television system and audio communications services, in accordance with the
laws of the United States of America, the State of New York and the Town of
Rotterdam.
B.
The Town of Rotterdam expressly reserves the right to
adopt, in addition to the provisions contained in this franchise and existing
applicable ordinances, such additional regulations as it shall find necessary
in the exercise of its police power; provided, however, that such regulations
are reasonable and not materially in conflict with the privileges granted
in this franchise.
C.
The Supervisor or a duly appointed designee shall be
responsible for the continuing administration of the franchise.
D.
The terms of this franchise are subject to the approval
of the New York State Commission on Cable Television.
[Amended 6-24-1992 by L.L.
No. 11-1992]
This franchise shall be effective on the effective date of this franchise
agreement renewal and shall continue in full force and effect until June 25,
2003, the last five years of which are conditioned upon the commencing and
completion of an upgrading of the system and facilities using fiberoptics
technology. The right to use and occupy said streets, alleys, public ways
and places for the purposes herein set forth shall not be exclusive, and the
Town reserves the right to grant a similar use of said streets, alleys, public
ways and places to any person, firm or corporation at any time during the
period of this franchise. The continued electronic upgrade to at least 35
channels is a further condition of the extension of the last five years of
this term.
A.
In consideration of the terms of the franchise, Schenectady
Cablevision, Inc., shall pay to the Town of Rotterdam an annual sum of money
computed upon the gross monthly service charges received by Schenectady Cablevision,
Inc., from subscribers for all services of every nature whatsoever, either
for CATV or for so-called "extra services" within the limits of the Town of
Rotterdam; the franchise fee shall be the maximum designated in guidelines
established as part of the requirements for certification by the Federal Communications
Commission and in no event shall exceed 5%.
B.
Such payment shall be deemed compensation for services
rendered, supervision and inspection of equipment and facilities and for other
expenses relating to the installation and operation of the system on the part
of the Town as provided in the franchise agreement, Schenectady Cablevision,
Inc., having given assurances to the Town that this rate will not interfere
in the effectuation of federal regulatory goals in the field of cable television.
C.
Such annual sum shall be payable thereof at the end of
the annual period. The annual anniversary shall be the 31st day of December
of each year, and each annual payment shall be paid within 60 days thereafter.
The franchise shall keep complete records of accounts showing dates and payments
received. The duly authorized agent of this municipality shall have the right,
power and authority to inspect the gross monthly service charge records of
the franchisee, upon reasonable notice during normal business hours.
D.
In addition thereto, the franchisee shall file with the
Town Clerk and shall keep in its local office, to be available for inspection
by the town, a copy of the rules, regulations, terms and conditions adopted
by the franchisee and in effect with its subscribers. The franchisee shall
also keep available at its local office, to be available for inspection by
the town, and shall file with the Town Clerk an annual summary report showing
the gross monthly service charge revenues received by the franchisee from
its operations within the Town during the preceeding annual period as above
described.
E.
The franchisee shall submit to the Town the form of its
subscriber agreement and shall submit to the Town any subsequent changes in
that agreement.
A.
The franchising authority may not regulate the rates
for the provision of cable service and other service, including, but not limited
to, ancillary charges relating thereto, except to the extent expressly provided
herein. The franchising authority may not regulate any other charges, fees
or compensation of whatever nature received or charged by the franchisee.
The franchising authority shall have such regulatory authority to set rates
as allowed by federal law.
B.
The initial rates and charges for the first outlet of
basic service shall be those listed on Schedule 1 which is attached hereto
and incorporated herein by this reference.[1] For the purpose of this section, the parties agree that the rates
and charges for the provision of basic service are not considered to be fixed.
Notwithstanding anything to the contrary set forth herein, rates and charges
for second outlets for basic service shall be deregulated as presently authorized
by the Federal Communications Commission.
C.
In addition to any basic service rate increase which
may be subject to approval of the franchising authority, the franchisee may,
at its discretion and without consent of the franchising authority, increase
rates relating to the provision of basic service by an amount not to exceed
5% per year, plus cost-related increases as defined in the Cable Communication
Policy Act and by the Federal Communications Commission.
D.
Notice of rate changes shall be given at least 30 days
in advance in newspapers of general circulation and by electronic message
on a company television channel and at least 10 days in advance in writing
to each individual subscriber.
E.
Notwithstanding any provisions to the contrary herein,
the parties agree that the franchisor shall have the right to regulate such
fees, charges and any other payments during the term of this franchise which
may be granted to municipalities and the franchisor by federal law.
A.
There is hereby granted the further right, privilege
and authority to the franchisee to lease, rent or in any other manner obtain
the use of towers, poles, lines, cables and other equipment and facilities
from any and all holders of public licenses and franchises within the corporate
limits of the Town of Rotterdam, including the New York Telephone Company,
and to use such towers, poles, lines, cables and other equipment and facilities,
subject to all existing and future ordinances and regulations of the Town
of Rotterdam. The poles used for the franchisee's distribution system shall
be those erected and maintained by the New York Telephone Company and/or Niagara
Mohawk Power Corporation, when and where practicable, provided that mutually
satisfactory rental agreements can be entered into with said companies. The
franchisee shall have the right to erect, install and maintain its own towers,
poles, guys, anchors and ducts as may be necessary for the proper construction
and maintenance of the antenna site, head-end and distribution system, provided
that poles placed on municipal properties shall first have their location
approved by the Town Engineer. Such permission shall not be unreasonably withheld.
B.
All transmission and distribution structures, lines and
equipment erected by the franchisee within the Town shall be so located as
to cause minimum interference with the proper use of streets, alleys and other
public ways and places and to cause minimum interference with the rights or
reasonable convenience of property owners who adjoin any of said streets,
alleys or other public ways and places.
C.
In case of any disturbance of pavement, sidewalk, driveway
or other surfacing, the franchisee shall promptly, at its own cost and expense
and in a manner approved by the Town Engineer, replace and restore all paving,
sidewalk, driveway or surface of any street or alley disturbed, in as good
condition as before said work was commenced. In the event that at any time
during the period of this franchise the Town shall lawfully elect to alter
or change the grade of any street, alley or public way, the franchisee, upon
reasonable notice by the town, shall remove, relay and relocate its poles,
wires, cables, underground conduits, manholes and other fixtures at its own
expense.
D.
The franchisee shall not place poles or other fixtures
when same will interfere with any gas, electric or telephone fixture, water
hydrant or main, and all such poles or other fixtures placed in any street
shall be placed at the outer edge of the sidewalk and inside the curbline,
and those placed in alleys shall be placed close to the line of the lot abutting
on said alley, and then in such a manner as not to interfere with the usual
travel on said streets, alleys and public ways.
E.
The franchisee, shall, on the request of any person holding
a building moving permit issued by the town, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting the same
and the franchisee shall have the authority to require such payment in advance.
The franchisee shall be given not less than 10 days' advance notice to arrange
for such temporary wire changes.
F.
The franchisee shall have the authority to trim trees
upon and overhanging streets, alleys, sidewalks and public places of the Town
so as to prevent the branches of such trees from coming in contact with the
wires and cables of the franchisee, all trimming to be done under the supervision
and direction of the Town and at the expense of the franchisee.
A.
The franchisee shall, during the existence of this franchise,
furnish reasonable, adequate and efficient community antenna reception service
to the residents of the Town (wherever practicable), and the franchisee agrees
to maintain its system in reasonable repair and working order and to provide
adequate facilities for such maintenance. These requirements may be temporarily
suspended by disaster or emergency conditions or other circumstances beyond
the reasonable control of the franchisee.
B.
The franchisee shall provide to its subscribers all existing
VHF and UHF Federal Communications Commission allocated television channels
having studio facilities within a radius of 25 miles of the City of Schenectady.
C.
Schenectady Cablevision, Inc., shall carry in addition
to the local signals, the following:
(1)
Services which have contracts to carry sports events
from the Boston and New York City markets, including but not limited to the
baseball games of the Yankees, Mets and Red Sox, subject to modification if
carriage becomes commercially impracticable as defined in the Cable Communications
Policy Act of 1984.
(2)
News.
(3)
Financial reports.
(4)
Time.
(5)
Weather.
(6)
Community activities.
(7)
Horse racing results.
A.
To the extent required by any applicable state and federal
laws and regulations and this franchise, Schenectady Cablevision will provide
reasonable public access to its cable television system.
B.
Pursuant to this requirement, Schenectady Cablevision
will:
(1)
Continue to provide a separate cable television production
and programming studio, at a site which will optimize the use of such studio
by members of the public and which will be administered by the company or
its designee, subject to the approval of the town.
(2)
Provide the separate equipment necessary for such studio
and all necessary repairs, replacement and upgrade of such equipment.
(3)
Establish ongoing training programs for members of the
public to familiarize them with the equipment and procedures.
(4)
Make available to the public a minimum of one full-time
equal quality channel for public access purposes and to the extent possible
provide additional channel space upon an upgrade to 35 channels, and a showing
of need. Upon completion of system upgrade, one channel shall also be made
available for carriage of the New York State Government Access Channel when
such channel becomes available, provided that there is available channel space
and is not required to be set aside as a full-time channel unless such is
required by New York State Commission on Cable Television Rules and Regulations.
(5)
Provide the financial resources necessary to support
the operations of the cable television production and programming studio at
a level at least commensurate with its current operations.
C.
Notwithstanding the provisions of this section, the Town
and Schenectady Cablevision, in fulfilling their responsibility to provide
public access to the cable television system specifically affirm that they
will comply with all present and future rules and requirements of the Cable
Commission relating to public, educational and governmental access, and further
that the provisions of this franchise are subject to the rules of the Cable
Commission relating to public access and that any such rules which are required
to be incorporated by amendment or reference in a franchise are specifically
incorporated herein.
The franchisee shall not as to rates, charges, service facilities, rules,
regulations or in any other respect make or grant any preference or advantage
to any person nor subject any person to any prejudice or disadvantage; provided,
however, that this shall not be deemed to prohibit the establishment of a
graduated scale of charges. The franchisee shall 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.
No privilege or exemption is granted or to be inferred from this franchise
except those specifically prescribed herein. Any privilege claimed under this
franchise in any street shall be subordinate to any prior lawful occupancy
of the street. Schenectady Cablevision should hold priority of occupancy subordinate
only to power and telephone.
This franchise shall be held in trust by Schenectady Cablevision, Inc.,
or its successor in interest; provided, however, that it may assign its right,
title and interest hereunder to another corporation or lawful business entity
through the sale of stocks or assets or otherwise, provided that prior approval
of such assignment shall be obtained from the Council of the Town of Rotterdam
which said approval shall not be unreasonably withheld, provided that such
other corporation or lawful business entity is duly authorized to receive
such assignment, and agrees to undertake and assume all the obligations of
the original corporation hereunder subject to all of the terms and conditions
of this franchise. In the event that such assignment takes place with such
consent, then, immediately upon the delivery to the Council of the Town of
Rotterdam of the aforesaid assumption agreement duly executed by the assignee,
all of the rights, obligations and privileges herein granted to the franchisee
shall forthwith devolve upon the assignee who shall in all respects stand
in the place and stead of the original corporation hereunder. No such consent
shall be required, however, for a transfer to an affiliate or a transfer in
trust, by mortgage, by other hypothecation or by assignment of any rights,
title or interest of franchisee in the franchise or cable system in order
to secure indebtedness.
A.
The franchisee's plant and equipment, including the antenna
site, head-end and distribution system towers, structures, poles, wires and
appurtenances, shall be installed in accordance with good engineering practices
and shall be located, erected, constructed, reconstructed, replaced, removed,
repaired, maintained and operated so as not to endanger or interfere with
the lives of persons nor to interfere with improvements the municipality may
deem proper to make nor to unnecessarily hinder or obstruct pedestrian or
vehicular traffic on public ways, places and structures. Erection, installation,
construction, replacement, removal, repair, maintenance and operation of the
system shall be in accordance with the provisions of the National Electrical
Safety Code prepared by the National Bureau of Standards, the National Electrical
Code of the National Board of Fire Underwriters and such applicable laws of
the State of New York and applicable ordinances of this municipality which
may now be in effect or enacted in the future. All installations shall be
of a permanent nature, durable and maintained in a safe, suitable and substantial
condition, in good order and repair.
B.
Any opening or obstruction in the streets or other public
ways made by the franchisee in the course of the construction, operation or
removal of installations shall be guarded and protected at all times by the
placement of adequate barriers, fences or boardings, the bounds of which during
periods of dusk and darkness shall be clearly designated by warning lights.
During the term of this franchise, and any renewal thereof, the franchisee
shall maintain within the City of Schenectady its main business office. This
office shall be open to receive inquiries or complaints from subscribers during
the normal business hours of 9:00 a.m. to 4:00 p.m. Monday through Friday.
Any complaints from subscribers shall be acted upon as soon as practicable
but within no more than three business days of their receipt.
The franchisee shall not engage in the business of repairing television
or radio receivers in connection with its operations of cable television system
and audio communication services. Nothing herein shall be construed as prohibiting
the franchisee from offering converters and from repairing these devices.
The cable television system and audio communications system will be
so designed, engineered and maintained by the franchisee so as not to interfere
with the television reception of residents of the Town who are not subscribed
to its services.
The franchisee will supply one free drop to public and parochial, primary
and secondary schools, fire stations, police stations and the John F. Kirvin
Government Center located within the Town which are passed by a cable belonging
to the franchisee. There shall be no monthly service charge for said service;
however, a converter deposit may be charged.
A.
The franchisee shall at all times defend, indemnify,
protect and save harmless the Town of Rotterdam from and against any and all
liability, losses and physical damage to property and bodily injury or death
to persons, including payments made under workers' compensation laws, which
may arise out of or be caused by the erection, construction, replacement,
removal, maintenance and operations of the franchisee's cable television system
and audio communications service and resulting from or by any negligence,
fault or misconduct on the part of the franchisee, its agents, officers, servants
and employees.
B.
The franchisee shall also carry New York State workers'
compensation coverage on its employees who are engaged in any manner in the
erection, construction, replacement, repair, maintenance and operation of
the franchisee's plant and equipment.
C.
The franchisee shall carry a general comprehensive liability
insurance policy holding the Town of Rotterdam as an additional insured with
the following minimum limits:
D.
The franchising authority acknowledges that the legal,
financial and technical qualifications of the franchisee are sufficient to
afford compliance with the term of the franchise and the enforcement thereof.
The franchisee shall provide notice to each subscriber, at intervals
of not more than one year, of the procedure for reporting and resolving subscriber
complaints.
If the franchisee shall fail to comply with any of the material provisions
of this local law or default in any of its material obligations hereunder,
except for causes beyond the reasonable control of the franchisee, and shall
fail within 30 days after written notice from the municipality to commence
and, within a reasonable time, complete the correction of such default or
noncompliance, the Council of the Town of Rotterdam shall have the right to
revoke this franchise and all rights of the franchisee hereunder. In the event
that the franchisee shall be adjudged bankrupt or placed in receivership,
this municipality may declare the special rights herein granted forfeited
and terminated.
A.
If any section, subsection, sentence, clause, phrase
or portion of this local law is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions hereof.
B.
Consistent with the requirements of Rule 1(A)(6) of the
Federal Communications Commission, any modification of Rule 76.31 resulting
from an amendment thereto by the Federal Communications Commission shall,
to the extent applicable, be considered as a part of this franchise as of
the effective date of the amendment made by the Federal Communications Commission
and will be incorporated in such franchise by specific amendments thereto
by the lawful action of the Council of the Town of Rotterdam within one year
from the effective date of the Federal Communications Commission's amendment
or the time of renewal of this franchise, whichever occurs first.
C.
The franchisee shall file requests for all necessary
operating authorization with the Commission on Cable Television and the Federal
Communications Commission within 60 days from the date this franchise is awarded.
Any inquiry, proceeding, investigation or other action to be taken or
proposed to be taken by the Council of the Town of Rotterdam in regard to
the operations of franchisee's cable television shall be taken only after
30 days' public notice of such action or proposed action is published in a
local daily or weekly newspaper having general circulation in the town; a
copy of such action or proposed action is served directly on franchisee; and,
the franchisee has been given an opportunity to respond in writing and/or
at hearing as may be specified by the Council of the Town of Rotterdam, and
general members of the public have been given an opportunity to respond or
comment in writing on the action or proposed action.
This franchise agreement is for a period of 10 years to commence on
January 26, 1986, the date of expiration of the existing franchise period.
A.
The charges for CATV services shall be as follows:
(1)
Residential charges and rates.
(a)
Residential charges and rates shall be as follows:
|
Service
|
Initial Rates
| |
|---|---|---|
|
Installation charges
| ||
|
First receiver outlet
| ||
|
Aerial service
|
$20.95
| |
|
Underground service
|
$39.90
| |
|
Basic monthly charge
| ||
|
First outlet, aerial service
|
$8.90
| |
(b)
The above rates apply to single-family and multifamily
residences and to individual families living in apartments. If a landlord
purchases bulk service for his tenants, the cost of the service will be the
sum of the costs for all individual families in the apartment less a discount
of 5% as a consideration for single billing.
(2)
Commercial charges and rates.
|
Service
|
Rate
| |
|---|---|---|
|
Installation charge
| ||
|
Aerial service
|
Labor at $7.50 per hour plus material at cost, plus 15% overhead on
sum of labor and material
| |
|
Underground service
|
Labor at $7.50 per hour plus equipment and material at cost, plus 15%
overhead on sum of labor and material
| |
|
Monthly service
| ||
|
First outlet, aerial service
|
$8.90
| |
(3)
Common charges.
|
Service
|
Rate
| |
|---|---|---|
|
Service calls
|
Free
| |
|
Disconnection charge
|
Free
| |
|
Reconnection charge
|
$14.95
| |
|
Converter charge (monthly rental includes free service and repair)
| ||
|
Standard converter (basic)
|
$2.10
| |
|
Collection charge for a past due balance that has to be collected personally
by a Schenectady Cablevision employee or agent at a location other than office
of Schenectady Cablevision, Inc.
|
$5.00
| |
|
Converter deposit
|
$30.00
|
B.
Commercial rates apply to hotels, motels, stores, restaurants,
taverns, social clubs, profit-oriented hospitals, nursing homes, etc.
|
[NOTE: These rates are subject to a five-percent increase in calendar
years 1985 and 1986 pursuant to the Cable Communications Policy Act.]
|
This local law shall take effect upon filing with the Secretary of State
and State Comptroller as required by § 27 of the Municipal Home
Rule Law.
[Added 5-14-1986 by L.L.
No. 6-1986]
No subscriber shall be refused service arbitrarily. However, for unusual
circumstances, such as a subscriber's request to locate his cable drop underground,
existence of more than 150 feet of distance from distribution cable to connection
of service to subscribers or density of less than 35 homes per 5,280 cable-bearing
strand feet of trunk or distribution cable, cable service or other service
may be made available on the basis of a capital contribution in aid of construction,
including cost of material, labor and easements. For the purpose of determining
the amount of capital contribution in aid of construction to be borne by Schenectady
Cablevision and the subscriber in the area in which cable service may be expanded,
Schenectady Cablevision will contribute an amount equal to the construction
and other costs per mile multiplied by a number whose numerator equals the
actual number of potential subscribers per 5,280 cable-bearing strand feet
of its trunk or distribution cable and whose denominator equals 35 homes.
Potential subscribers will bear the remainder of the construction and other
costs on a pro rata basis. Schenectady Cablevision may require that the payment
of the capital contribution in aid of construction borne by such potential
subscribers is paid in advance.
