[History: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 62 of the Code of Ordinances. Amendments noted where applicable.]
For the purpose of this ordinance, the following terms phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, work used in the present tense shall include the future and words in the plural number include the plural number. The word "shall" is always mandatory not merely directory.
- The Township Board of the Township of Northville.
- CABLE TELEVISION SYSTEM or CATV SYSTEM
- A system or antennas, cable, wires, lines, towers, wave guides or any other conductors, converters, equipment or facilities by which the signals of one or more television or radio stations are received directly or indirectly over the air and are amplified or otherwise modified and distributed primarily by wire or cable to subscribing numbers of the public who pay for such services.
- OMNICOM of Michigan, the grantee of rights under this ordinance.
- the Federal Communications Commission, Washington, DC 20554.
- Refers to OMNICOM of Michigan or anyone who succeeds said company in accordance with the provisions of this franchise.
- GROSS SUBSCRIBER REVENUES
- Those revenues derived by the company from regular subscriber services, namely carriage of broadcast signals and required nonbroadcast services.
- The Charter Township of Northville, Wayne County, Michigan.
Having conducted on open public proceeding concerning the company's application for the franchise herein granted covering the legal character, financial, technical and other qualifications of the company and the adequacy and feasibility of its arrangements for the construction of a cable television system in the Township, the Board hereby finds that construction arrangements are adequate and feasible. Pursuant to such findings, the Board hereby grants the company a nonexclusive franchise, right and privilege to construct, erect, operate, modify and maintain in, upon along, across, above over and under highways, streets, alleys, sidewalks, public ways and places now laid out or dedicated and all extensions thereof and additions thereto in the Township all poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation of a cable television system for the purpose of distributing to the public television and radio signals, other electronic impulses in order to furnish television and radio programs and various communications and other electronic services.
The grantee shall at all times during the life of this franchise be subject to the lawful exercise of the police power of the Township and to such regulations as the Board shall hereinafter provide and shall comply with all applicable state and federal regulations including, without limitation, the provisions of Section 14 of Public Act 368 or 1925, as amended (MCL 247.184) concerning obtaining and necessary consents from the Board of County Road Commissioners and/or the State Highway Commissioners. Said regulations shall expressly include a rule prohibiting the use of Township streets or alleys for the installation of additional utility poles, or where the utilities are presently underground, prohibit the use of additional conduit to be used solely by the CATV company. Also, in the event that the utilities go underground in the future, the CATV system shall be reinstalled underground. In the event the CATV system has not been installed, it shall be installed underground.
Subject to the provisions herein, the rights and privileges of the grantee shall continue for a period of 15 years from the date of adoption of this ordinance, which shall be deemed to constitute a contract between the Township and said grantee. Further, said grantee shall have the right of first refusal in negations.
No renewal hereof shall be granted unless authorized by the Township following appropriate public proceedings involving public notice and an opportunity for the interested parties to participate, during which proceedings the company's past performance, the adequacy of the franchise's provisions and the consistency of those provisions with applicable FCC rules shall be considered.
The franchise extends throughout the present territorial limits of the Township and to any other area henceforth annexed to or otherwise added to said Township during the terms of this franchise and service rendered by the grantee shall be made available to all inhabitants of the Township that may desire service where a density of not less than 70 homes per mile exists continuous of existing plant.
The poles used by the grantee's transmission and distribution system, wires and appurtenances shall be located, erected and maintained on existing utility facilities where possible and the grantee shall go underground when all utilities do but not necessarily in the utility facilities.
The grantee, by its acceptance of this franchise, shall exonerate, indemnify, defend and hold the Township harmless from and against any and all liability or expense, including, but not limited to, interest, court costs and actual consul fees resulting during the term of this franchise and specifically agrees that it will pay all damages and penalties which the Township may legally be required to pay as a result of granting this franchise. Such damages and penalties shall include, but not be limited to, damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not any acts or omission complained of is authorized, allowed or prohibited by this franchise.
The grantee shall at all times maintain a comprehensive general liability insurance policy with a single occurrence limit amount of $1,000,000 covering liability arising out of its construction and operation of the cable television system. The Township shall be named as an additional insured under said policy. All of said insurance coverage shall provide a thirty-day notice of cancellation.
The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant preference or advantages to any person or subject any person to any prejudices or disadvantage; provided, however, that nothing in this ordinance shall be deemed to prohibit the establishment of service without charge to public or private educational institutions and such public buildings or facilities as shall from time to time be designated by the Township. This provision shall not be deemed to prohibit promotional campaigns to stimulate individuals to connect to the CATV service.
Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the company shall do so at such time as will cause the least amount of inconvenience to its customers. Unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to all customers affected thereby.
The company shall share or maintain a local business office or agent for receiving via a nontoll telephone call inquiries or complaints regarding the quality of service, equipment malfunctions, billing disputes and similar matters. All complaints and inquiries will be investigated, responded to or acted upon as promptly as is practical and, unless circumstances otherwise require, within three business days of their receipt.
The grantee shall pay to the Township an annual franchise fee in the amount of 3% percent of the local gross subscriber revenues. Should similar fee payments be required by a state agency now or subsequently charged with the regulations of cable television, the fees provided for herein and the fees payable to said state agency, when added together, shall not exceed the maximum amount permitted by applicable federal law, rules or regulations. Gross subscriber revenues shall not include installation, advertising revenues or pay television revenues.
The company shall keep books and records in accordance with good accounting practices and shall deliver to the Board financial and income statements in such form and at such times as may reasonably be required.
The rate structure for basic residential service for television and radio signals distributed hereunder shall be proposed by the grantee and subject to the review of the Township. The subscriber rate schedule shall be implemented if found to be fair and reasonable and no higher than necessary to meet all costs of service (assuming efficient and economical management), including a fair return on the cost plus depreciation of the properties devoted to such services (with regard to any subsequent sale or transfer price or cost of such properties).
No person shall own or operate a community antenna television system in the Township except by franchise issued by the Township granting such poser to any such grantee. In the event litigation is required to enforce the provisions of said chapter, the grantee shall pay legal expenses incurred by the Township.
Any violation by the grantee of the provisions of this ordinance or the failure to properly perform any of the conditions or terms hereof and not remedy such breach within 60 days after having received written notice from the Township to do so shall be cause for the revocation of this franchise and all rights thereunder. The Township Clerk shall report such known noncompliance in writing to the Township and, upon due notice to the grantee and opportunity to be heard on the charge of noncompliance, the Township may revoke such franchise.
Services performed pursuant to this franchise issued hereunder shall not include the performance of repairing, servicing or selling television sets or television antennas nor shall the grantee recommend service by any other person except for such items as may be directly related to the cable installation and/or connection.
The grantee shall comply fully with the rules and standards for the cable television operations as adopted by the FCC.
In the case of any emergency or disaster, the company shall, upon request of the Township, make available its facilities for emergency use for the duration of such emergency or disaster.
The grantee shall as all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
The cable television system to be installed shall have a thirty-five-channel capability and the technical capacity for return or two-way communications. The company will install and maintain a cable television system in keeping with latest state-of-the-art technology, including the capability for satellite reception. The CATV system will be equipped with a backup for electrical failure with standby power supplies.
Consistent with the requirements of FCC Rule 76.31, any modification or amendment thereof by the FCC shall, to the extent applicable, be considered to be part of this franchise as of the effective date of such amendment and shall be incorporated herein by specific amendment hereto within one year from the effective date of the FCC's amendment or at the time of renewal of this franchise, whichever occurs first.
It shall be the policy of the Township to liberally amend this franchise upon the application of the grantee whenever necessary to enable the grantee to take advantage of any developments in the field of transmission of television or radio signals which will afford it an opportunity to more effectively, efficiently or economically service its customers.
During the life of the franchise, the grantee shall give a bond to the Township satisfactory in form and substance to the Board in the amount of $10,000 to insure the faithful performance of all undertakings of the grantee as represented under this ordinance; provided, however, that the Board of Trustees may waive the bond requirement after the system has been constructed, subject to the following conditions:
Any such waiver would be subject to and without prejudice of the right of the Township to reinstate the bond requirement upon 30 days prior written notice to the grantee;
While such waiver is in effect, the grantee shall pay the franchise fee set forth in § A175-12 of this ordinance on a monthly basis. Such payments shall be made within 30 days from the end of the period to which the franchise fee payment relates;
In the event that any question is raised by the Township regarding whether the grantee is in full compliance with the terms of this ordinance, the grantee and the Township will discuss those matters and attempts to resolve them in mutual good faith. In the event that, following such discussions, there remains a disagreement regarding whether the grantee is in compliance with this ordinance, the Township may, by written notice to the grantee, require the grantee to deposit in escrow the amount up to the amount of the bond set forth in the chapter which is claimed by the Township as damages or which is required to remedy the alleged noncompliance or, at the grantee's option, to obtain a letter of credit in favor of the Township to cover such amount, pending resolution of such dispute. The grantee shall bear the expense of the escrow agent, if any.
The grantee shall promptly and as soon as possible after the granting of the franchise described in this ordinance apply to the FCC for all permission and authority necessary for the lawful operation of a CATV system. The grantee shall exercise all reasonable efforts to complete in a workmanlike manner and in conformity with all applicable state, federal, and Township rules and regulations all construction of a CATV system within the Township within 36 months from the date upon which it receives a certificate of compliance from the FCC. The grantee shall not be responsible for any delays in the progress of work due to labor disputes, fire, acts of God, unusual delay in transportation, unavoidable casualties, failure of other persons to transport, unavoidable casualties, failure of other person to meet properly their respective commitments, including, by way of example and not limitation, suppliers of essential services or goods, or any and all other causes beyond the grantee's control.
The grantee, upon reaching a market saturation of 35% of the homes passed (the number of homes which cable compared with number of homes where cable is available), will maintain and operate a fully equipped studio which will be capable of operation at remote location.
The grantee will provide service to the Township Hall, Fire Department, Police Department and public schools. This service is without charge to a single point of entry. Any additional and /or extensive wiring required, such as in a school building, should be on a cost basis only. In addition, the grantee will provide a community bulletin board, weather information, cable guide listing various services and an alphanumeric display for the benefit of impaired hearing residents.