[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as Title 9, Ch. 3 of the 1992 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited as
the "Cable Television Ordinance."
B.
Purpose. The purpose of this chapter is to allow cable
television companies to use Village roads, streets, and property in order
to offer their services to the residents of the Village while ensuring a minimum
level of service at a reasonable fee without undue interference with the rights
of residents to use Village roads, streets, and property and to otherwise
regulate the cable television industry in the Village.
C.
Applicability. This chapter shall apply to all cable
television companies offering services in the Village.
A.
A nonexclusive franchise may be awarded to the successful
applicant to install, maintain and operate a cable system for the distribution
of television signals, frequency modulated radio signals and closed circuit
television programs for a term not exceeding 15 years, providing conditions,
limitations and requirements; stipulating protective and indemnity provisions;
providing for certain payments to the Village of Orfordville; providing for
charges and rates; providing for acceptance by the grantee or applicant; imposing
duties on the grantee or applicant at the expiration of this franchise; prohibiting
assignments, subleases and encumbrances; and providing for the extension of
the franchise to newly annexed territories. The successful applicant for a
franchise shall secure special use permits when required.
B.
In accepting a franchise, the applicant or grantee acknowledges
that its rights are subject to the police power of the Village of Orfordville
to adopt and enforce general and specific ordinances necessary to the health,
safety and welfare of the public, and it agrees to comply with all applicable
general and specific laws enacted by the Village of Orfordville pursuant to
such power.
A franchise shall be granted by the Village Board only when the benefits
of granting such franchise outweigh the disadvantages or risks considering
the following:
A.
The cable services offered.
B.
The charges for such services.
C.
The financial status of the applicant.
D.
The experience of the applicant.
E.
The equipment to be utilized by the applicant in relation
to that used by the industry in general in similar markets.
F.
The operating record of the applicant in the Village
and other locations.
G.
The interruption of public use of roads, streets and
other Village property.
H.
The effect of network use on Village roads, streets and
property.
I.
Any erosion or runoff which may be created by network
use of Village roads, streets, or property.
J.
Such other and further factors as are relevant to the
determination that the benefits to be received are significantly greater than
the costs, financial or otherwise, to the Village and its residents.
Upon filing by the grantee of the property acceptance, the performance
bond and the required insurance, the permit shall take effect and shall be
for a term of 15 years, unless a lesser period is specified in the permit.
A.
The Village Board may review any franchise as necessary,
but where the grantee has filed application for renewal of the franchise,
the Village Board shall review the franchise at least six months prior to
the expiration of the franchise.
B.
A public hearing shall be held and the grantee given
an opportunity to be heard.
C.
In addition to the matters set forth in § 127-3, the Village Board shall consider the grantee's performance, services, plans, and rates, the level and variety of services being generally offered in the industry in comparable markets and other matters relevant to the grantee's operation in the Village.
D.
Following such review, the Village shall determine whether
to renew or terminate the franchise and the terms and conditions upon which
it will be renewed or continued.
Any permit granted hereunder by the Village shall not be exclusive,
and the Village may grant similar permits whenever it determines that it is
beneficial to the Village or its residents to do so.
Any use permit granted hereunder shall give the grantee the right to construct, erect, operate and maintain in, upon, along, above, over and under Village roads, streets and property towers, antennas, poles, cables, electronics equipment and other network appurtenances necessary for the operation of a cable television network, subject to the further restrictions of § 127-23.
Any permit granted hereunder shall be a privilege to be held for the benefit of the public by the grantee. Said permit shall not be sold, transferred, leased, assigned or disposed of in whole or in part, either by forced or voluntary sale, merger, consolidation, trust, receivership or any other means, without the prior consent of the Village expressed by a Village Board resolution and then only under such conditions as the Village Board may establish. Each potential transferee shall be considered according to the criteria of § 127-3.
A transfer shall be considered to have occurred where ownership or control
of more than 20% of the voting stock of the grantee is to be acquired by a
person or group of persons acting in concert, none of whom already owns or
controls 20% or more of such right of control, singularly or collectively.
A change of control from a subsidiary to a parent corporation or vice versa
shall not be considered as a transfer. A transfer shall also be considered
to have occurred for all changes in ownership or control by a person or group
of persons acting in concert who already own or control more than 20% of the
voting stock, singularly or collectively. These same provisions shall apply
to a partnership.
In the event any valid law, rule or regulation of any governing authority
or agency having jurisdiction, including but not limited to the Federal Communications
Commission, contravenes the provisions of this chapter subsequent to its adoption,
then the provisions hereof shall be superseded by any such valid law, rule
or regulation to the extent that the provisions hereof are in conflict with
and contrary to any such law, rule or regulation.
If the Federal Communications Commission or state denies permission
to operate any system for which a permit is granted under this chapter, the
permit shall be null and void. Applications for a permit shall be reopened.
The applicant whose request for permission to operate has been denied may
reapply for a permit.
The granting of any permits pursuant to this chapter shall not prevent
the Village Board from amending the chapter as it deems necessary. All cable
television companies holding permits shall be given written notice of hearings
concerning amendments of this chapter.
The Village may inspect and supervise all construction or installation
work performed subject to the provisions of any permit.
In consideration of the granting of cable television permits to the
grantee, the grantee shall pay to the Village during the life of the franchise
a percentage of its gross annual receipts of whatever nature derived, either
directly or indirectly, from such cable television operation, except initial
installation charges and such other exemptions as may be granted by the Village
Board. This fee shall be paid by the grantee to the Village in January of
each year, and an independent auditor shall certify the amount of the grantee's
revenues from all cable services in order to verify the fee paid pursuant
hereto. Sales taxes or other taxes levied directly on a per-subscription basis
and collected by the grantee shall be deducted from the local annual gross
revenues before computation of sums due the Village is made. The percentages
designated in this section may be amended no more than once a year by the
Village Board consistent with increased costs for municipal facilities and
supervision and applicable rules of other regulatory agencies. Acceptance
of payments by the Village shall not be construed as a release or satisfaction
of any claims the Village may have for further or additional sums payable
hereunder or for any other performance or obligation required of the grantee.
Application for a permit shall be filed with the Village Clerk-Treasurer
in accordance with any filing instructions promulgated by the Village Board
and shall contain the following written information:
A.
B.
Name and address. The name and address of the applicant,
date of application and signature of applicant or appropriate corporate officer(s).
C.
Operation. A general description of the applicant's proposed
operation, including but not limited to business hours, operating staff and
maintenance procedures beyond those required in this chapter.
D.
Use of Village property. A description of what Village
property would be used and how the property would be used, including a description
of all excavations and construction anticipated.
E.
Service provided. A statement of the television and radio services to be provided, including both off-the-air and locally originated signals. The statement shall also specify the initial area to be served under the permit which is subject to the requirements of § 127-19 (time for performance) and a statement describing the grantee's plan, if any, for extension of the service area beyond the initial service area.
F.
Special services. A statement setting forth a description
of the automated services proposed as well as a description of production
facilities, if any, to be made available by the grantee for the public, municipal
and educational channels.
G.
Programming assistance. A statement establishing any
additional funding facilities or equipment beyond those required elsewhere
to be designated for programming the public, educational and governmental
access channels, if any.
H.
Schedule of charges. The applicant's proposed schedule of charges as required by the provision of § 127-20.
I.
Corporation organization. A statement detailing the corporate
or partnership organization of the applicant, if any, including the names
and addresses of its officers and directors or partners and the number of
shares held by each officer and director of partnership shares.
J.
Stockholders. A statement identifying the number of authorized
and outstanding shares of applicant corporation's stock, including a current
list of the names and current addresses of its shareholders holding 5% or
more thereof.
K.
Intracompany relationships. A statement describing all
intracompany relationships of the applicant corporation, including parent,
subsidiary or affiliated companies.
L.
Agreements and understandings. A statement setting forth
all agreements and understandings, whether written or oral, existing between
the applicant and any other person, firm, group or corporation with respect
to any permit awarded hereunder and the conduct of the operation thereof existing
at the time of proposal submittal.
M.
Financial statement. If applicant is a corporation, audited
financial statement for two previous years. If applicant is a partnership,
copies of the United States Partnership Return of Income (IRS Form 1065) for
the two previous fiscal years. If applicant is a sole proprietorship, copies
of the United States Individual Income Tax Return (IRS Form 1040) for the
two previous fiscal years.
N.
Financial projection. A five-year operations proforma
which shall include the initial and continuing plant investment, annual profit
and loss statements detailing income and expenses, annual balance sheets and
annual levels of subscriber penetration. Costs and revenues anticipated for
voluntary services shall, if presented, be incorporated in the proforma as
required in this chapter but shall be separately identified in the proforma.
O.
Financing. Suitable written evidence from a recognized
financing institution, addressed both to the applicant and to the Village,
advising that the applicant's financial ability and planned operation have
been analyzed by the institution and that the financing institution is prepared
to make the required funds available to the applicant if it is awarded a permit.
If the planned operation is to be internally financed, a Board resolution
shall be submitted authorizing the expenditure of all funds which may be required
to construct, install and operate a cable television network authorized by
the permit, if granted.
P.
Technical description. A technical description of the
type of system proposed by the applicant, including but not limited to system
configuration (e.g., hub, dual cable), system capacity and two-way capability.
Q.
Convictions. A statement as to whether the applicant
or any of its officers or directors or holders of 5% or more of its voting
stock has in the past 10 years been convicted of or has charges pending for
any crimes other than a routine traffic offense and the disposition of each
such case. If a partnership, the above applies to all partners.
R.
Operating experience. A statement detailing the CATV
prior experience of the applicant, including that of the applicant's officer,
management and staff to be associated with the proposed operation.
S.
Permit renewal information. If an application is for renewal of a permit, the proposal must include, in addition to the information required in Subsections A through R above:
(1)
A summary of the technical, financial and programming
history of the network since the granting of the original permit.
(2)
A statement and timetable that outlines all proposed
changes, expansion or improvements in the system as to services, programming
or technical specifications during the coming five years.
U.
Supplement to applications. The Village may require such
additional information it deems reasonably necessary for its determinations.
A.
Indemnification. All grantees shall defend and save the
Village and its agents and employees harmless from all claims, damages, losses
and expenses, including attorney fees, sustained by the Village on account
of any suit, judgment, execution, claim or demand whatsoever arising out of:
(1)
The enactment of this chapter and the award of a permit
thereunder, except as may arise from the process or action of selection of
a grantee for award of a permit as provided herein.
(2)
The installation, operation, or maintenance of the cable
television network, except for acts of the Village, its agents or employees.
B.
Liability insurance. All grantees shall maintain, throughout
the term of the permit, a general comprehensive liability insurance policy
naming as the additional insured the Village, its officers, boards, commissions,
agents and employees, in a company approved by the Village Board and in a
form satisfactory to the Village Attorney, protecting the Village and its
agencies and employees against liability for loss or damage for personal injury,
death or property damage occasioned by the operations of the grantee under
any franchise granted hereunder, in the amounts of $500,000 for bodily injury
or death to any one person, within the limit, however, of $1,000,000 for bodily
injury or death resulting from any one accident, and $500,000 for property
damage resulting from any one accident.
C.
Notice of cancellation or reduction of coverage. The
insurance policies mentioned above shall contain an endorsement stating that
the policies are extended to cover the liability assumed by the grantee under
the terms of this chapter and shall contain the following endorsement: "It
is hereby understood and agreed that this policy may not be canceled nor the
amount of coverage reduced until 30 days after receipt by the Village Clerk-Treasurer
by registered mail of two copies of a written notice of such intent to cancel
or reduce the coverage."
D.
Evidence of insurance. All policies of insurance or certified
copies thereof and written evidence of payment of required premiums shall
be filed and maintained with the Village Clerk-Treasurer during the term of
any permit granted hereunder or any renewal thereof.
A.
Proposal bond. Each applicant for a use permit hereunder shall submit, with the filing fee required under § 127-16 hereunder, a proposal bond in a form acceptable to the Village Clerk-Treasurer or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the Village, in the amount specified under § 127-16A.
B.
Forfeit of proposal bond. Should the applicant fail or
refuse to accept a permit as set forth herein within 30 days of the award
of a permit by the Village, said applicant will be considered to have abandoned
its proposal bond, or to retain the proceeds of the certified check.
C.
Return of proposal bond. A proposal bond or certified
check received in lieu thereof from applicants whose proposals are not accepted
by the Village shall be returned to the applicant within five days after the
application is rejected by the Village. Proposal bonds shall also be returned
to the applicant upon completion of the CATV system.
D.
Performance bond. Each use permit grantee shall file
a performance bond with the Village in an amount specified by the Village.
The amount specified shall be sufficient to ensure the restoration of Village
streets and property to their original state upon failure of the grantee to
do so.
E.
No waiver of performance. Neither the provisions of this
chapter nor any insurance accepted by the Village pursuant hereto, nor any
damage recovered by the Village thereunder, shall be construed to excuse faithful
performance by the grantee under permit issued hereunder or for damage either
to the full amount of the bond or otherwise.
A.
Permit application. Within 90 days of the effective date
of a use permit granted hereunder, the grantee shall file with the appropriate
regulatory authorities and utilities all initial agreements and applications
necessary to comply with the terms of the chapter.
B.
Construction. Within 60 days of the effective date of
FCC registration, the use permit grantee shall initiate construction and installation
of the CATV system. Such construction and installation shall be pursued with
reasonable diligence and shall be substantially completed within 240 days
of FCC registration.
C.
Operation. Within 180 days of the effective date of FCC registration, the use permit grantee shall commence operation within the meaning set forth in § 127-29 and, within 270 days of registration, shall offer basic service to 100% of the dwelling units in the service area specified in the application to which access is reasonably available.
A.
Office and telephone. All cable companies operating in
the Village shall maintain an office, have a local listed telephone number
and be so operated that complaints and requests for repairs or adjustments
may be received at least 40 hours per week.
B.
Subscribers' antennas. Cable companies shall not require
the removal, or offer to remove or provide any inducements for removal, of
any potential or existing subscriber's antenna as a condition of provision
of service.
C.
Antenna switch. Cable companies, upon request from any
subscriber, shall install, at a reasonable one-time charge therefor, a switching
device so as to permit a subscriber to continue to utilize his own television
antenna as he chooses.
D.
Charges for service. All grantee charges for service
shall be subject to Village Board approval. The charges shall be for the following
services:
(1)
The grantee may make a charge to subscribers, private or commercial, for installation, connection and reconnection to its CATV system and a fixed monthly charge for basic service as defined in § 127-29.
(2)
In the event that a subscriber with one or more aboveground
utility drops requests a buried service drop to his residence, the grantee
shall bury such drop upon the payment of a reasonable fee for such service.
E.
Other charges. The grantee may establish charges for services not specified in Subsection D above subject to the approval of the FCC. However, all such charges, including but not limited to additional service, leased channel, discrete channel, production and advertising rates, shall be published at least 30 days before the effective date in a newspaper of general circulation in the Village, and the schedule of charges as originally established and thereafter modified shall be filed with the Village Clerk-Treasurer.
F.
Subscriber refunds. If any subscriber of the grantee
of less than 30 days terminates service because of the grantee's failure to
render service to such subscriber of a type and quality provided for herein,
or if service to the subscriber is terminated by the grantee without good
cause, or if the grantee ceases to operate the cable television network authorized
herein for any reason, the grantee shall refund to such subscriber an amount
equal to the installation and connection charge paid by such subscriber in
accordance with the then existing schedule of charges.
G.
Schools and public buildings. All permit grantees shall
provide, free of charge within the Village, at least one connection and monthly
basic service to each public school facility used for instructional purposes
and to such other public buildings in the Village of Orfordville as designated
by the Village Board.
H.
Extension of network.
(1)
Across system boundaries. Before any potential subscriber
located outside the limits of the Village is allowed to connect to the CATV
system, the grantee shall be capable of furnishing service to a substantially
completed system for Village residents within the area specified in the permit.
A waiver of this section may be granted by the Village Board. A written waiver
request may be made 30 days before connections across Village boundaries.
Such waiver request shall consider the operations and finances of the grantee,
the costs of such an extension and who is to bear such costs.
(2)
Interconnection. Nothing in this chapter shall be construed
so as to prohibit the grantee from interconnecting its network with other
similar contiguous networks either in the Village or in other municipalities,
counties or states except as otherwise provided in this section.
A.
General requirements. All operation of cable television
networks in the Village shall conform to standards set by the federal government
or the Village of Orfordville in force from time to time.
B.
Modifications. Notwithstanding the fact that the network
may be in compliance with all the standards set forth herein, the Village
may, after a hearing, require a higher level of performance in any area to
resolve signal quality or interference problems.
D.
Report of measurements. Copies of reports of measurements
required by the FCC or other regulatory agencies shall be filed with the Village.
E.
Shielding. All cable television companies operating in
the Village shall, at all times, keep their cable and other equipment shielded
in such manner that there will be no interference with signals received by
private receivers.
A.
Service response and rebate. All cable television networks
shall provide reasonable service response five days a week for all complaints
and requests for repairs or adjustments. The grantee shall credit 1/30 of
the monthly charges for basic service to each subscriber for each 24 hours
following report of loss of service to the grantee beginning 48 hours after
the report of loss. The rebate provision of this section shall be waived by
the Village Board where the loss of service is caused by an act of God or
other good cause not due to the negligence of the grantee and the Village
Board finds that the grantee cannot reasonably restore service within the
times specified.
B.
Service interruptions and notification. Whenever it is
necessary to interrupt service over a cable television for purpose of network
maintenance, alteration or repair, the cable television network shall do so
at such time as will cause the least amount of inconvenience to the subscribers
and, unless such interruption is unforeseen and immediately necessary, it
shall give reasonable notice thereof to the affected subscribers. Upon failing
to resume service within 36 hours, cable television networks shall credit
1/30 of the monthly charge for basic service to each subscriber for each 24
hours following the interruption of service.
C.
Upgrading the facilities, equipment and service. All
use permit grantees shall reasonably upgrade their facilities, equipment and
service so that their networks are equal to those in the cable television
industry in general in similar markets
A.
Approval of proposed construction. A use permit grantee
shall obtain the approval of the Village prior to commencing construction
or excavation on the roads, streets, alleys, public grounds or places of the
Village. The grantee shall make application for approval on a form provided
by the Village at least 30 days prior to construction.
B.
Changes required by public improvements. A use permit
grantee shall, at its expense, protect, support, temporarily disconnect, or
relocate in the same road, street or other public place or remove from the
street or other public place any property of the grantee when required by
the Village by reason of traffic conditions, public safety, street vacation,
street construction, change or establishment of street grade, installation
of sewers, drains, water pipes, or Village-owned power or signal lines and
any other type of public improvement.
C.
Use of existing poles or conduits. Nothing in this chapter
or any permit granted hereunder shall authorize a grantee to erect new poles
where existing poles are servicing the area. All poles or other fixtures placed
in a street shall be placed as specified by the Village.
D.
Facilities not to be hazardous or interfere. No wires,
conduits, cable and other property facilities of any grantee shall be so located,
constructed, installed and maintained as to endanger or unnecessarily interfere
with the usual and customary trade, traffic and travel upon the roads, streets
and public places of the Village. The grantee shall keep and maintain all
its property in good condition, order and repair. All grantees shall keep
accurate maps and records as are requested by the Village. No grantee shall
place equipment where it will interfere with the rights of reasonable convenience
of adjoining property owners or with any gas, electric or telephone fixtures
or with any water hydrants or mains.
E.
Method of installation.
(1)
All wires, cables, amplifiers and other property shall
be constructed and installed in an orderly and workmanlike manner. All cables
and wires shall be installed parallel with existing telephone and electric
wires whenever possible. Multiple cable configurations shall be arranged in
parallel and bundles, with due respect for engineering and safety considerations.
All installations shall be underground in the areas of the Village where public
utilities providing both telephone and electric service are underground at
the time of installation.
(2)
In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install service above ground. However, when those facilities are placed underground, the use permit grantee shall likewise place its services underground. Any other grantee must apply at that time for a use permit. Use permits shall be granted under the same circumstances and procedures set forth in § 127-4.
(3)
When aerial utility distribution lines with cable television
network attachments are prematurely retired and the premature retirement is
at the request of the owners who pay for such premature retirement, the grantee
shall be entitled to its fair share of cost reimbursements for premature retirement
costs and it shall be the responsibility of those property owners requesting
such premature retirement.
F.
Protection of facilities. Nothing contained in this section
shall relieve any person, company or corporation from liability arising out
of the failure to exercise reasonable care to avoid injuring the grantee's
facilities while performing any work connected with grading, regrading or
changing the line of any street or public place or in the construction or
reconstruction of any sewer or water system.
G.
Notice of Village improvements. The Village shall give
the use permit grantee reasonable notice of plans for street improvements
where paving or resurfacing of a permanent nature is involved. The notice
shall give the grantee sufficient time to make any additions, alterations
or repairs to its facilities as it deems necessary in advance of the actual
commencement of the work, so as to permit the grantee to maintain continuity
of service.
H.
Authority to trim trees. The use permit grantee shall
have the authority to trim trees upon and overhanging streets, alleys, sidewalks
and other public places of the Village so as to prevent the branches of such
trees from coming in contact with the wires and cables of the company. All
trimming is to be done under the supervision and direction of the Village
after explicit prior written notification to the Village and the property
owner and written approval from the Village. The grantee may contract for
such services. However, any firm or individual so retained shall receive Village
approval prior to commencing such activity.
I.
Restoration or reimbursement. In the event of disturbance
of any road, street or Village property by a grantee, it shall, at its own
expense and in a manner approved by the Village, replace and restore such
road, street or Village property. In the event the grantee fails to perform
such replacement or restoration, the Village shall have the right to do so
at the expense of the grantee. Payment by the grantee to the Village or the
owner for such replacement or restoration shall be immediate upon demand by
the grantee. All requests for replacement or restoring of such streets or
private property as may have been disturbed must be in writing to the grantee.
J.
Office and records. All grantees shall furnish the Village
a current map or set of maps and sepia tracings, drawn to scale, showing all
CATV system equipment installed and in place in roads, streets and other public
places in the Village.
K.
Alternate routing of plant. In the event continued use
of a street is denied to the use permit grantee by the Village for any reason,
the grantee will make every reasonable effort to provide service over alternate
routes.
A.
Unauthorized connections prohibited. It shall be unlawful
for any firm, person, group, company, corporation or governmental body or
agency, without the expressed consent of the grantee, to make or possess any
connection, extension or division, whether physically, acoustically, inductively,
electronically or otherwise, with or to any segment of a CATV system for any
purpose whatsoever. However, this section shall not be construed to apply
to any signal receptions by unmodified television sets.
B.
Removal or destruction prohibited. It shall be unlawful
for any firm, person, group, company, corporation or government body or agency
to willfully interfere, tamper, remove, obstruct or damage any part, segment
or content of a CATV system for any purpose whatsoever.
A.
Use of data from subscriber. No cable television network
shall initiate or use any form, procedure or device for procuring information
or data from cable subscribers' premises, by use of the cable system, without
prior written valid authorization from each subscriber. Such authorization
shall be for a specified period of time not to exceed one year and shall not
have been obtained from the subscriber as a condition of service. Further,
it shall be unlawful for a cable television network, without such authorization,
to activate or utilize any cable television channel in any manner from the
subscribers' premises. In any case, the subscriber shall have the right and
opportunity to deactivate the return path from his premises.
B.
Identifying subscribers. Neither the Village nor a cable television network shall, without prior written valid authorization from each subscriber so affected, provide any data identifying subscribers' names or addresses to the Village or any other party. The right of the Village to examine records of a cable television network, as provided in § 127-27, shall not include the subscriber lists.
C.
Procurement of information. It shall be unlawful for
any firm, person, group, company, corporation, government body or agency to
procure information or data from cable subscribers' premises by use of the
cable system without prior written authorization from each subscriber so affected.
Valid authorization shall mean written approval from a subscriber for a period
of time not to exceed one year and shall not have been obtained as a condition
of any other binding agreement.
D.
Specific authorization. No authorization for procurement
or dissemination of subscriber identifiable information or data shall be valid
unless it specifies the types of information or data covered and the parties
authorized to collect, receive, store, record, transmit or otherwise convey
this information or data. Further, all authorization shall specify the maximum
period of time that any subscriber identifiable information or data shall
be preserved in any manner or form.
E.
Subscriber copy required. A written copy of all subscriber
identifiable information or data which is retained or disclosed and the disposition
of this information or data, together with any explanation necessary to make
it understandable to the subscriber, shall be provided to the affected subscriber
within 30 days of request by the subscriber.
A.
Grounds for termination. The Village may revoke any permit
and rescind all rights and privileges associated with the permit in the following
circumstances:
(1)
If the grantee should violate the terms of its permit
or this chapter and fails to cure any violation within 30 days after receipt
of written notice of the violation from the Village. However, it shall not
be a violation where the grantee's failure to perform is due to the unavailability
of vital equipment, where the grantee can show that maintaining spare equipment
of the type needed would be unreasonably burdensome based on the cost of the
item, its normal failure rate, and the effect of failure on the system. Where
the grantee has satisfied the Village Board of the unavailability of the equipment,
the grantee shall have 20 days following the receipt of the equipment to perform
its obligations.
(2)
Multiple violations of the terms of the permit or this
chapter are also grounds for termination of any permit.
(4)
If a petition is filed by or against the grantee under
the Bankruptcy Act or any other insolvency or creditors' rights law, state
or federal, and the grantee shall fail to have it dismissed within 90 days
of the date of filing.
(5)
If a receiver, trustee or liquidator of the grantee is
applied for or appointed for all or part of its assets.
(6)
If the grantee transfers the permit without the required
approval of the Village Board.
(7)
If any court of competent jurisdiction, the FCC, or any
state regulatory body by rule, decision or other action determines that any
material provision of the permit or this chapter affecting the quality of
subscriber service is invalid.
(8)
Loss of FCC permission to operate shall also be grounds
for revocation of this permit.
B.
Procedure prior to termination. Upon the occurrences of any of the events enumerated in Subsection A of this section, the Village Board shall hold a public hearing and provide the grantee an opportunity to be heard. Following such hearing and a finding by the Village Board that grounds for termination exist, the Village Board may terminate the permit or impose lesser sanctions.
C.
Disposition of facilities. When a permit expires and has not been renewed or when a permit is terminated pursuant to this section and the network is not sold to another operator who has obtained a permit from the Village within a reasonable period of time as determined by the Village, the grantee, upon request of the Village, shall promptly remove all its plant structures and equipment. In determining whether to grant a permit to an applicant wishing to use the existing network or to any other applicant, the Village shall use the criteria set forth in § 127-5C.
D.
Restoration of property. In removing its plant, structures and equipment, the grantee shall refill, at is own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition as that prevailing prior to the company's removal of its equipment and appliances, without affecting adversely electric or telephone cables, wires or attachments. The Village shall inspect and approve the condition of all private and public ways and private and public places, cables, wires, attachments and poles after removal. Liability insurance and indemnity provided in § 127-17 and the performance bond in § 127-18 shall continue in full force and effect during the period of removal.
E.
Restoration by Village. In the event of a failure by the grantee to complete any work required by Subsection D above or any work required by Village ordinance within the time established and to the satisfaction of the Village, the Village may cause such work to be done and the grantee shall reimburse the Village the costs thereof within 30 days after receipt of an itemized list of such costs, or the Village may recover such costs as provided in § 127-23.
F.
Lesser sanctions. The Village may impose lesser sanctions
or censures than termination for violations of provisions of this chapter,
including the shortening of the permit period for substantial and repeated
violations.
The Village may require at any time that a cable television network
file any of the following records with the Village Clerk-Treasurer:
A.
Report to stockholders. The report to stockholders, if
any.
B.
Income statement. Any income statement revealing all
revenues and expenses applicable to its operations.
C.
Asset statement. An asset statement revealing all assets
and liabilities devoted to network operations, together with an itemization
of its investment in each such asset on the basis of original cost, less depreciation.
These reports shall include existing financing arrangements and such other
reasonable information as the Village may request and shall be signed by a
certified public accountant.
D.
Facilities report. A facilities report setting forth
the total physical miles of plant operation and a map showing the location
of the same.
E.
Service report. A service record report detailing all
complaints received and network downtime experienced during the previous 12
months and shall include all complaints, their disposition and response time.
F.
Operations report. An operations report listing:
(1)
A current list of all officers and directors with their
addresses.
(2)
Copies of all pertinent agreements or contracts, including
pole use agreements, entered into by the grantee during the fiscal year in
the conduct of its business under the permit granted hereunder.
(3)
The names and business and residential addresses and
phone numbers of the cable television network resident manager and engineer.
G.
Engineering plans. Engineering plans for the network.
A.
Twenty-four-hour period. Every twenty-four-hour period
during which a violation which could be discontinued continues shall be considered
a separate violation following notification to or discovery by the violator.
For the purpose of this chapter, the following terms, phrases and words
and their derivations shall have the meaning specified herein. When not inconsistent
with the context, words used in the present tense include the future, and
words in the singular number include words in the plural number.
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or separate space
usage.
All subscriber services provided by the grantee, including the delivery
of broadcast signals and programming originated over the cable system. Covered
by the regular monthly charge paid by all subscribers.
Any network of cables, optical, electrical or electronic equipment,
including cable television systems, used for the purpose of transmission of
electrical impulses of television, radio and other intelligences, either analog
or digital, for sale or use by the inhabitants of the Village. CATV is the
abbreviation for cable television network.
Operation will be considered to have commenced when sufficient distribution
facilities have been installed so as to permit the offering of full network
services to at least 50% of the dwelling units located within the initial
service area of the Village.
The Federal Communications Commission and any legally appointed or
elected successor.
All basic services and additional services offered by the grantee.
All persons and organizations, including but not limited to subsidiaries,
parents or affiliate companies, associations or organizations, having any
rights, power, privileges, duties, liabilities or obligations under this chapter,
and also includes all persons having or claiming any title to or interest
in the system, by interest in the subsidiary, parent or affiliate company,
association or organization or by any subcontract, transfer, assignment, management
agreement or operating agreement otherwise arising or created.
The provision of notice of contemplated action delivered at least
48 hours prior to such action.
Includes any sale, exchange or barter.
That geographical area within the limits of the Village specified
in the permit.
Includes all streets, roadways, highways, avenues, lanes, alleys,
courts, places, squares, curbs, sidewalks, public parking areas, easements,
rights-of-way or other public ways in the Village which have been or may hereafter
be dedicated and open to public use, or such other public property so designated
by law.
Any person, firm, company, corporation, or association receiving
either basic service or additional service from the grantee under the schedule
of charges filed with and approved by the Village.
The cable television network's cable terminal to which the subscriber's
equipment is connected. Separate terminals may be provided for delivery of
cable television signals, FM broadcast or other signals of differing classifications.
Operations will be considered substantially completed when sufficient
distribution facilities have been installed so as to permit the offering of
full network service to at least 90% of the dwelling units in the service
area to which access is legally and reasonably possible.
The Village of Orfordville, its officers and employees unless otherwise
specifically designated, as well as the area within the corporate limits of
the Village as from time to time existing.
The Village Board of the Village of Orfordville and any legally appointed
or elected successor.
