This ordinance shall be known and may be cited
as the "El Reno Broadband Telecommunications Network Ordinance."
For the purposes of this ordinance, the following
terms, phrases, words, and their derivations shall have the meaning
given herein, unless otherwise defined by federal or state law. The
words "shall" and "will" are mandatory, and "may" is permissive. Words
not defined herein shall be given the meaning set forth in the Communications
Act of 1934, as amended, including the Cable Communications Policy
Act of 1984, as amended by the Cable Television Consumer Protection
and Competition Act of 1992, and the Telecommunications Act of 1996,
and as may hereinafter be further amended, and if not defined therein,
such words shall have their common and ordinary meaning.
Any channel on a cable system which, by the terms of this
ordinance or otherwise, is required to be kept available without charge
by grantee for partial or total dedication to educational and/or local
government use and over which grantee exercises no editorial control.
The City Attorney of the City of El Reno, Oklahoma.
All of the component, physical, operational and programming
elements of any network of cable, optical, electrical or electronic
equipment, designed, constructed, wired or used for the purpose of
producing, receiving, amplifying and transmitting by coaxial cable,
fiber optics, microwave or other means audio and/or audio/visual electrical
impulses of television, radio and other intelligences, either analog
or digital, including cable television for sale or by use by the inhabitants
and businesses of the City, including, without limitation, antenna,
cable, fiber, wires, lines, towers, amplifiers, conductors, converters,
equipment, and facilities.
The Cable Communications Policy Act of 1984, as amended,
and the Cable Television Consumer Protection and Competition Act of
1992, as amended, and the Telecommunications Act of 1996.
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.
The City of El Reno, Oklahoma.
The City Manager or his/her designated representative of
the City of El Reno, Oklahoma.
The City Engineer of the City of El Reno, Oklahoma.
The City Clerk of the City of El Reno, Oklahoma.
A device used to convert non-VHF television signals into
standard VHF channels.
The City Council of the City of El Reno, Oklahoma.
The Federal Communications Commission, or its successor agency.
The person selected by the City Council to hold a nonexclusive
franchise pursuant to the terms and conditions of this ordinance,
together with any person who may succeed "grantee" pursuant to the
provisions of this ordinance.
All cash, credits, property or other consideration of any
kind or nature received directly or indirectly by the grantee, its
subsidiaries and affiliates who are cable operators arising from,
attributable to, or in any way derived from the operation of the system
to provide cable service within the City. Gross revenues shall include,
but not be limited to: monthly fees charged subscribers for basic
service; any optional, pay-per-view, premium, per-channel or per-program
service or charges for any other type of service; installation, disconnection,
and change in service fees; leased channel fees; fees, payments or
other consideration received from programmers for carriage of cable
service programming; converter and equipment fees, rentals or sales;
advertising revenues; revenues from home shopping channels; fees from
access channels, revenues from studio rental, production fees and
equipment charges when applicable. Gross revenues shall not include
any sales, excise or other taxes or fees which are imposed directly
on any cable service subscriber by any governmental unit or agency
and which are collected by the grantee on behalf of such governmental
unit or agency. Exchange or other nonmonetary compensation shall be
includable in gross revenues at the retail value of the compensation
received by the grantee.
Any pavement which, when installed, meets the then-existing
pavement standards of the City of El Reno. In cases of conflict as
to what constitutes permanent pavement, the Street Superintendent's
opinion shall prevail.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The surface, air space above the surface and the area below
the surface of any public street, sidewalk, alley, other public right-of-way
or public places, and public or private utility easements dedicated
for compatible use.
The Street Superintendent of the City of El Reno, Oklahoma.
Any person whose premises or business is physically wired
to receive any transmission from the BTN and who pays a fee to receive
a service via the BTN.
The broadband telecommunications network.
The selection of a grantee shall be determined
by the Council in accordance with the following criteria:
A.
Installation plan. The Council shall find that grantee's
installation and/or rebuild plans provide flexibility needed to adjust
to new developments, maintenance practices, and services that would
be available to subscribers and to the City immediately and in the
future.
B.
Financial soundness and capability: the evidence of
grantee's financial ability to complete the entire system within a
minimum of two years of the date the franchise agreement is executed.
C.
Demonstrated experience in operating a BTN system
under City franchise: evidence of grantee's experience in operating
a BTN and ability of the grantee to furnish sufficient and dependable
service to public and private users shall be determined.
D.
Character, legal, technical, and other qualifications:
the evidence of character, legal, technical and other qualifications
of grantee required by state and local law to construct a BTN in the
City and to extend the same as the state of the art progresses shall
be determined.
E.
Renewals. Renewals for any existing grantee shall
be governed by applicable federal law.
In order for the nonexclusive franchise authorized
by this ordinance to become effective, an election must be held and
a majority of those voting must vote in favor of the granting of such
franchise. In the event a special election is needed, the entire cost
of the election, together with all printing and publishing costs relating
thereto, shall be paid for by applicant, regardless of whether or
not the applicant is granted a franchise at said election. If the
election is held at a scheduled general election, the applicant shall
pay any additional costs which may be incurred by reason of the addition
of the franchise question to the ballot. Such costs shall be paid
regardless of whether or not the applicant is granted a nonexclusive
franchise at said election.
The nonexclusive franchise and the rights, privileges
and authority thereby granted shall take effect and be in full force
from and after final passage thereof by the qualified electors at
a special or general election thereof and shall continue in force
and effect for a term of 15 years from said election or, in the case
of a franchise renewal, from the end of the existing term. Any such
franchise may be subject to formal review at the end of the fifth
and 10th years of the franchise. Should grantee be found upon review
to be in noncompliance with the material provisions of the franchise,
grantee will be given a period of six months to correct those areas
of noncompliance.
Within 30 days after the date of passage by
the qualified electors of the ordinance granting a nonexclusive franchise
pursuant to the terms of this ordinance, the grantee shall execute
a franchise agreement whereby the grantee shall agree to comply with
and abide by the provisions, terms and conditions of this ordinance.
A.
There is hereby granted by the City to the grantee
the right and privilege to construct, erect, operate and maintain,
in, upon, along, across, above, over and under the streets, alleys,
easements, public ways and public places now laid out or dedicated,
and all extensions thereof, and additions thereto, in the City, poles,
wires, fiber, cables and underground conduits, manholes, and other
conductors and fixtures necessary for the maintenance and operation
in the City of a BTN.
B.
The right to use and occupy said streets, alleys,
easements, public ways, and places for the purposes herein set forth
shall not be exclusive, and the City reserves the right to grant a
similar use of said streets, alleys, easements, public ways and places,
to any person at any time, on the same terms and conditions, during
the term of this nonexclusive franchise.
C.
Grantee will provide service to all residents within
the City limits with the exception of where residents reside in a
remote or relatively inaccessible area or in annexed areas already
served by another BTN. The grantee will build to these remote and
inaccessible areas and extend service inside the City limits on the
following schedule. For every 1/4 mile of cable plant required to
serve a particular section of the City, 10 or more customers must
have placed orders for service.
This nonexclusive franchise relates to the present
territorial limits of and within the City and to any area henceforth
added thereto during the terms of this nonexclusive franchise.
A.
The nonexclusive franchise granted hereunder shall
be subject to all applicable provisions of the laws of the United
States, and the State of Oklahoma and City ordinances, and any amendments
thereto. In the event of any conflict or inconsistency between the
terms of this franchise or any state or local law and federal law,
federal law shall govern.
B.
The grantee shall, at all times during the life of
this nonexclusive franchise, be subject to all lawful powers of the
State of Oklahoma and the City and to such reasonable regulation of
general applicability as the state and City shall hereafter provide.
C.
The grantee shall conform to all zoning and platting
requirements of the City prior to the commencement of any and all
construction work.
D.
Plans for changes to the system, including overhead
cables, underground cables, and headend tower, shall be in accordance
with the National Electrical Safety Code and the National Electric
Code or any other code required for that particular application. Any
tower constructed for use in the grantee's system shall comply with
the standards contained in Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, EIA Standards RS-222A, as
published by the Engineering Department of the Electronic Industries
Association, 2201 "I" Street NW, Washington, D.C. 20006.
E.
The grantee shall obtain building permits for all
buildings constructed, pay all building permit fees, tap charge fees,
and all other fees as required by the ordinances of the City and at
the rates that are in full force and effect at the time the building
permits are applied for.
F.
Any and all pavement cuts of permanent or nonpermanent
pavement shall be reasonably approved by the Street Superintendent
and shall be shown on the plans submitted to the Street Superintendent
prior to the commencement of construction. All pavement cuts shall
be restored to the reasonable satisfaction of the Street Superintendent.
A.
Grantee shall, at the sole risk and expense of grantee,
upon reasonable notice and demand of the City, made by and through
the City Attorney, without cost to the City, appear in and defend
any and all suits, actions or other legal proceedings, whether judicial,
quasijudicial, administrative, legislative, or otherwise, brought
or instituted by third parties or duly constituted authorities, against
or affecting the City, its officers, boards, commissions, agents,
or employees, and arising out of or pertaining to the exercise or
the enjoyment of the franchise, or the granting thereof by the City
unless claimed to have been caused by the negligence of the grantor,
its agents or employees.
B.
Insurance amounts.
(1)
Grantee shall maintain throughout the term of this
nonexclusive franchise liability insurance insuring the City and the
grantee and their officers, private subcontractors, agents and employees,
whether elected or appointed, against any and all claims, injury or
damage to person or property, both real and personal, caused by the
construction, erection, operation or maintenance of any aspect of
the BTN. The insurance shall provide amounts of coverage not less
than the following.
|
General Liability Insurance
| ||
|
Bodily Injury per Person
|
$1,000,000
| |
|
Bodily Injury per Occurrence
|
$2,000,000
| |
|
Property Damage per Occurrence
|
$500,000
| |
|
Automobile Insurance
| ||
|
Bodily Injury per Person
|
$1,000,000
| |
|
Bodily Injury per Occurrence
|
$2,000,000
| |
|
Property Damage per Occurrence
|
$500,000
| |
(2)
In no event shall the coverage or amounts of such
insurance be less than the amount required by 51 O.S. § 151
et seq., known as the "Governmental Tort Claims Act," and as amended.
The City shall be named as an additional party insured on all additional
policies.
C.
Workmen's compensation insurance shall be provided
by grantee as required by the laws of the State of Oklahoma, as amended.
D.
All said insurance coverage shall provide a ten-day
notice to the City Clerk in the event of material alteration or cancellation
of any coverage afforded in said policies prior to the date said material
alteration or cancellation shall become effective. In the event the
grantee fails to maintain any insurance as required herein, the City
may, at its option, obtain and keep such insurance in full force and
effect and the grantee shall reimburse the City for such insurance
costs.
E.
The grantee shall, concurrently with its execution
of its initial franchise agreement, maintain, for the period hereinafter
prescribed, a faithful performance bond, running to the City, with
good and sufficient surety, approved by the Council, in the penal
sum of $500,000 conditioned that the grantee shall well and truly
observe, fulfill, and perform each term and condition of this nonexclusive
franchise and that, in case of any breach of condition or terms of
this ordinance or the bond, the amount thereof shall be recoverable
from the principal and sureties thereof by the City for all damages
proximately resulting from the failure of the grantee to well and
faithfully observe and perform any provisions of this nonexclusive
franchise. Such faithful performance bond, running to the City, shall
be maintained by the grantee, commencing with the execution of the
franchise agreement by the grantee, and be maintained for a period
of one year, subsequent to the completion of the rebuild.
F.
A certificate of insurance for all policies required
hereunder shall be furnished to and filed with the City Clerk, concurrently
with the acceptance of the franchise grant or the expiration of prior
policies, as the case may be.
