[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
A.
Unless otherwise provided in its franchise agreement,
throughout the term of this franchise, the grantee shall maintain books and
records in accordance with normal and accepted bookkeeping and accounting
practices for the cable communications industry, and allow for inspection
and copying of the same at reasonable times. The books and records to be maintained
by grantee shall include the following:
(1)
A record of all requests for service.
(2)
A record of all subscriber or other complaints, and the
action taken.
(3)
A file of all subscriber contracts; provided, however,
that the grantee will not have to disclose subscriber records which would
tend to invade subscriber privacy.
(4)
The grantee policies, procedures and company rules.
(5)
Financial records, pursuant to the terms and conditions
of the franchise agreement.
B.
The City shall give the grantee at least 24 hours' notice
before making inspections of any books or records of the grantee.
C.
The grantee shall file with the City, at the time of
its payment(s) of the franchise fee, the following, unless otherwise provided
in its franchise agreement:
(1)
A monthly financial statement, certified by the grantee
as correct, showing in such detail as may be required by the City the gross
operating revenues of grantee for the period to which the fee relates, together
with all other financial information customarily contained in such statements
and such other financial information as may be required by the City.
(2)
An annual certified financial statement prepared by an
independent certified public accountant showing, in such detail as may be
required by the City, the gross operating revenues of the grantee for the
period to which the annual fee relates, together with all other financial
information customarily contained in such statements and such other financial
information as may be required by the City.
(3)
Current list of names and addresses of each officer and
director and other managerial and supervisory personnel, as well as each shareholder,
having legal or beneficial ownership of 1% or more of the grantee's stock
if changed from a prior filing.
(4)
A copy of each document filed with all federal, state
and local agencies during the preceding fiscal year and not previously filed
with the City (each of which filings are to be provided at the time the filing
is made).
(5)
A statement of its current billing practices if changed
from a prior filing.
(6)
A copy of its current rules if changed from a prior filing.
(7)
A copy of its current subscriber service contract if
changed from a prior filing.
D.
Unless otherwise provided in its franchise agreement,
the City, its agents and representatives, shall have authority to arrange
for and conduct an audit of and copy the books and records of the grantee;
provided, however, that all books and records so audited shall remain the
sole and exclusive property of the grantee. The grantee shall first be given
five days' notice of the audit request, the description of and purpose for
the audit, and the description, to the best of the City's ability, of the
books, records and documents it wishes to review.
[Amended 6-16-1997 by Ord. No. 97-7]
Unless otherwise provided in its franchise agreement:
A.
The grantee shall receive approval from the City of the
form and content of the service contract to be used by the grantee prior to
entering into any such service contracts with subscribers, and the grantee
shall make no changes in the approved service contract without prior approval
of the City. The service contract shall include, at a minimum, a schedule
of all rates and charges, a description of services, instructions on the use
of the system, and billing and collection practices.
B.
The grantee shall have authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as
shall be reasonably necessary to enable the grantee to exercise its rights
and perform its obligations under this franchise and to assure an uninterrupted
service to each and all of its subscribers; provided such rules, regulations,
terms and conditions shall not be in conflict with the provisions of the franchise,
ordinances of the City, and laws of the State of Michigan or the United States.
C.
Each subscriber shall be provided with instructions on
filing complaints or otherwise obtaining information or assistance from the
grantee.
D.
All items described in this section shall be provided
to each new subscriber at the time a contract is entered or service begun
and to all existing subscribers forthwith upon any changes therein.
A.
There shall be no charge for disconnection of any installation
or outlet. If any subscriber fails to pay a properly due monthly subscriber
fee or any other proper fee or charge when due, grantee may discontinue service
to such subscriber; provided, however, grantee may not remove any of its equipment
until after the later of: (i) 30 days after the due date of said delinquent
fee or charge; or (ii) 10 days after delivery to subscriber of written
notice of the intent to disconnect. If a subscriber pays before expiration
of the later of (i) or (ii), grantee shall not disconnect. After disconnection,
upon payment in full of the delinquent fee or charge and the payment of a
reconnection charge, grantee shall promptly reinstate the subscriber's cable
service.
B.
Refunds to subscribers shall be made or determined in
the following manner:
(1)
If grantee fails, upon request by a subscriber, to provide
any service then being offered, grantee shall promptly refund all deposits
or advance charges paid for the service in question by said subscriber. This
provision does not alter grantee's responsibility to subscribers under any
separate contractual agreement or relieve grantee of any other liability.
(2)
If any subscriber terminates any monthly service because
of failure of grantee to render the service in accordance with the franchise,
grantee shall refund to such subscriber the proportionate share of the charges
paid by the subscriber for the services not received. This provision does
not relieve grantee of liability established in other provisions of the franchise.
C.
If any subscriber terminates any monthly service prior
to the end of a prepaid period, a proportionate portion of any prepaid subscriber
service fee, using the number of days as a basis, shall be refunded to the
subscriber by grantee.
A.
Rates and charges.
(1)
Limitations on rates. The charges made for services of
the grantee shall be fair and reasonable and no higher than necessary to meet
all costs of the service (assuming efficient and economical management), and
to provide a fair return to the grantee. The grantee shall receive no consideration
whatsoever from its subscribers for or in connection with its service to its
subscribers other than in accordance with this section, without approval of
the City Commission.
(2)
Adjustments to rates. The City Commission shall have the power, authority and right to cause the grantee's rates and charges to conform to the provisions of Subsection A(1) hereof, and for this purpose it may deny or institute changes in such rates and charges when it determines that, in the absence of such action on its part, the grantee's rates and charges or proposed rates and charges will not conform to such subsection.
B.
Rate schedule. Grantee's proposal shall include a detailed
schedule of all rates and charges applicable to the system as required by
the RFP. There shall be no charge for disconnection of any installation or
connection and no charge for maintenance or repair service unless such service
is required as a result of damage caused by the subscriber. The rates and
charges set forth in grantee's proposal shall not be exceeded during 3 1/2
years from the date of the franchise agreement or two years after completion
of construction of the system, whichever first occurs.
C.
Rate changes. The criteria and standards relating to
the establishment of rate changes, whether initiated by the City or by grantee,
shall include the following:
(1)
The ability of grantee to render system services and
to derive a reasonable profit therefrom under the existing rate schedule and
proposed rate schedule;
(2)
The revenues and profits derived from system services;
(3)
The efficiency of grantee;
(4)
The quality of the service offered by grantee;
(5)
The original cost of the system, less depreciation;
(6)
A fair rate of return with respect to investments having
similar risks to that of providing cable communications services;
(7)
The extent to which grantee has adhered to the terms
of the franchise;
(8)
Fairness to residents and subscribers;
(9)
Capital expenditures by grantee in providing updated
technology and service to subscriber;
(10)
Such other factors as the City may deem relevant.
D.
Procedure for rate changes. The procedure for reviewing
and establishing a proposed rate change, whether initiated by the City or
by grantee, shall comply with the following requirements:
(1)
No rate change shall be established except after a public
hearing of which the grantee and the grantee's subscribers in the City have
received notice as provided herein.
(2)
If the proposed change is initiated by the grantee, it shall be initiated by written application of grantee submitted to the City which application shall describe the proposed change and the proposed effective date of such change. Within a reasonable time after receipt of the application, the City Commission shall schedule the public hearing thereon required by Subsection D(1) and cause written notice thereof to be sent to grantee by registered or certified mail. The City shall cause notice of the public hearing to be furnished to grantee's subscribers by publishing notice thereof in a newspaper of general circulation in the City not more than 10 nor less than five days prior to the hearing. In addition, grantee shall notify its subscribers in the City of the hearing by announcing the time, date, and place thereof, one week immediately prior to the hearing, each day between 7:00 p.m. and 9:00 p.m. on two channels. The public hearing shall be scheduled within a reasonable time after receipt of grantee's application, but nothing herein shall be deemed to prevent the City Commission from referring such application to a committee or organization referred to in Article VIII of this chapter prior to such public hearing.
(3)
If the proposed change is initiated by the City, the City Commission shall cause written notice thereof to be sent to grantee by registered or certified mail. The notice shall describe the proposed change, and the proposed effective date thereof, and shall further set forth the time, date and place of the hearing. The City and the grantee shall cause notice of the proposed change to be sent to grantee's subscribers in the City as provided in Subsection D(2).
(4)
The grantee's application shall be accompanied by the
following (and such supplemental information as the City may request): grantee's
most current year end and interim financial statements; a list of current
rates and charges of grantee in other areas franchised to grantee; a list
of current rates and charges applicable to systems owned or operated by grantee's
parent, or other subsidiaries or affiliates of grantee's parent corporation
or of grantee; a list of current rates and charges for other systems in Wayne,
Oakland and Macomb Counties.
(5)
In reviewing an application of grantee, the City may
utilize a rate consultant selected by it. All costs for review of the application,
including, without limitation, reasonable fees of the consultant, reasonable
attorney fees, and the reasonable value of the services rendered by other
agents, employees, and representatives of the City, shall be paid by grantee.
(6)
The City Commission shall make its determination regarding
any rate change, whether initiated by it or by grantee, within a reasonable
time after the closing of the public hearing thereon. Any change shall become
effective upon the date determined by the City Commission.
E.
No change required. Nothing herein shall be deemed to
require any proposed rate change initiated by grantee.
Grantee is expressly prohibited from transmitting any form of subliminal
advertising at any time.
[Added 8-16-1982 by Ord. No. 82-7;
amended 6-16-1997 by Ord. No. 97-7]
A.
No person, whether or not a subscriber to the cable system,
may intentionally or knowingly remove or damage or cause to be damaged any
wire, cable, conduit, equipment, or apparatus of the grantee, or to commit
any act with an intent to cause such removal or damage, or tap, tamper with,
or otherwise connect any wire or device to a wire, cable, conduit, equipment
and apparatus, or appurtenances of the licensee with the intent to obtain
a signal or impulse from the cable system without authorization from or compensation
to the grantee, or obtain cable television or other communications, service
or sell, rent, lend, offer or advertise for sale, rental or use any instrument,
apparatus, device or plans, specifications, or instructions for making or
assembling the same to connect to the grantee's cable system with intent to
cheat or defraud the grantee of any lawful charge to which it is entitled.
[Added 8-16-1982 by Ord. No. 82-7;
amended 6-16-1997 by Ord. No. 97-7]
A.
The City hereby declares that this chapter has, as one
of its principal objectives, the lawful public purpose of rapidly developing
and maximizing the educational, community service, cultural and public safety
potential of cable television in order to benefit all of the residents of
the City. The City further finds that the public interest and necessity require
that no owner of any multiple-unit residential dwelling (nor his agent or
representative) be permitted to directly or indirectly prevent any resident
of such dwelling from receiving cable communications service installation,
maintenance, and services from a grantee operating under a valid franchise
issued by the City.
B.
In order to provide the opportunity for the residents
of any multiple-unit residential dwelling to obtain service from a grantee,
such grantee may negotiate an agreement with the owner of that dwelling or,
failing agreement, may request that the City exercise its power of eminent
domain for the necessary public purpose of enabling the grantee to serve residents
of that multiple-unit residential dwelling. Upon request of such grantee,
the City may commence condemnation proceedings in accordance with applicable
law. In the event of such proceeding, in preparing its good faith offer of
just compensation, the City may consider:
(1)
The amount and fair market value of space occupied by
the grantee's cable and related facilities. The fair market value of the space
shall be assessed in light of the prior use, if any, of that space, together
with any evidence of nonspeculative alternative uses;
(2)
The present value of any funds that the owner will reasonably
expend over time in ensuring that the grantee conforms to all laws, regulations
and the reasonable conditions necessary to assure the safety, convenient functioning,
and appearance of the multiple-unit residential dwelling;
(3)
The continued physical availability of other space on
the premises for the installation of alternative modes of television program
reception or delivery;
(5)
Any other reasonable, nonspeculative factors which the
City may find relevant. The requesting grantee shall indemnify the City for
all expenses and costs incurred by the City in the condemnation proceedings
as well as for the full amount of the condemnation award made to the owner
if such condemnation proceedings are completed.
C.
Notwithstanding any other language in this section or
elsewhere in this chapter, the grantee shall not be obligated to provide service
to any multiple-unit residential dwelling so long as the owner of that dwelling
demands compensation from the grantee in an amount that is unreasonable or
imposes financial or other conditions that would, in the grantee's reasonable
business judgment, render provision of service to that dwelling uneconomic.
The grantee shall not be obligated, in such circumstances, to request the
City to institute condemnation proceedings.
(1)
Notwithstanding anything to the contrary set forth in
this chapter or the franchise agreement, a grantee shall be permitted to charge
each resident of a multiple-unit residential dwelling an additional charge,
above and beyond the service rate for a single-family dwelling as specified
in the franchise agreement, solely to defray the exact additional per-resident
cost to the grantee of compensating the owner for access to the multiple-unit
residential dwelling. Any such additional charge shall be subject to the approval
of City. Such additional charge shall not be included in the computation of
the franchise fees due to the City pursuant to this chapter or the franchise
agreement.
D.
Neither the owner of any multiple-unit residential dwelling
nor his agent or representative shall penalize, charge, or surcharge a tenant
or resident or forfeit or threaten to forfeit any right of such tenant or
resident or discriminate in any way against such tenant or resident who requests
or receives cable communications service from a company operating under a
valid and existing cable communication franchise issued by the City. Any person
convicted of violating any provision of this section is subject to a fine
of not more than $300 for each offense.
E.
No person shall resell, without the express written consent
of both the grantee and the City, any cable service, program, or signal transmitted
by a grantee operating under a franchise issued by the City.
F.
Nothing in this section shall prohibit a person from
requiring that cable communications system facilities conform to laws and
regulations and reasonable conditions necessary to protect safety, functioning
and appearance.
G.
Nothing in this article shall prohibit a person from
requiring a grantee from agreeing to indemnify the owner, or his agents or
representatives, for damages or for liability for physical damages caused
by installation, operation maintenance, or removal of cable television facilities.
