This chapter shall be known and may be cited
as the "Belgium Cable Television Franchise Ordinance," hereinafter
"franchise," or "chapter."
For the purpose of this chapter the following
terms, phrases, words and their derivations shall have the meaning
given herein:
BASIC SERVICE
Any subscriber tier provided by the grantee which includes
the delivery of local broadcast stations, and public, educational
and governmental access channels. The Basic service does not include
optional program and satellite service tiers, a la carte services,
per channel, per program, or auxiliary services for which a separate
charge is made. However, the grantee may include other satellite signals
on the basic tier.
CABLE SYSTEM or SYSTEM or CABLE TELEVISION SYSTEM
A system of antennas, cables, wires, lines, towers, wave
guides, or other conductors, converters, equipment or facilities,
designed and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing, audio, video, and other
forms of electronic, electrical or optical signals, which includes
cable television service and which is located in the Village. This
definition shall not include any such facility that serves or will
serve only subscribers in one or more multiple-unit dwellings under
common ownership, control or management, and which does not use Village
rights-of-way.
CLASS IV CHANNEL
A signaling path provided by a cable communications system
to transmit signals of any type from a subscriber terminal to another
point in the cable communications system.
CONTROL and/or CONTROLLING INTEREST
Actual working control or ownership of a system in whatever
manner exercised. A rebuttable presumption of the existence of control
or a controlling interest shall arise from the beneficial ownership,
directly or indirectly, by any person or entity (except underwriters
during the period in which they are offering securities to the public)
of 10% or more of a cable system or the franchise under which the
system is operated. A change in the control or controlling interest
of an entity which has control or a controlling interest in a grantee
shall constitute a change in the control or controlling interest of
the system under the same criteria. Control or controlling interest,
as used herein, may be held simultaneously by more than one person
or entity.
CONVERTER
An electronic device which converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber, and by an appropriate channel selector also permits
a subscriber to view more than 12 channels delivered by the system
at designated converter dial locations.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
GRANTEE
A person or entity to whom or which a franchise under this
chapter is granted by the Village, along with the lawful successors
or assigns of such person or entity.
GROSS REVENUES
All service fees, installation charges, and all other fees
or charges collected from the provision of cable services to subscribers
of the system. Gross revenues shall not include excise taxes, or sales
taxes, or any other taxes or fees, including the franchise fee, which
are imposed on the grantee or any subscriber by any governmental unit
and collected by the grantee for such governmental unit.
INITIAL SERVICE
All areas in the Village having at least 20 dwelling units
per street mile.
INSTALLATION
The connection of the system from feeder cable to subscribers'
terminals.
MONITORING
Observing a communications signal, or the absence of a signal,
where the observer is neither the subscriber nor the programmer, whether
the signal is observed by visual or electronic means, for any purpose
whatsoever, provided monitoring shall not include system-wide, non-individually-addressed
sweeps of the system for purposes of verifying system integrity, controlling
return paths transmissions, or billing for pay services.
NORMAL BUSINESS HOURS
As applied to the grantee, those hours during which similar
businesses in the Village are open to serve customers. In all cases,
normal business hours shall include some evening hours at least one
night per week, and/or some weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the grantee. Those conditions which are not within the control of
the grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the grantee include, but are not limited to,
special promotions, pay-per-view events, rate increases, regular peak
or seasonal demand periods, and maintenance or upgrade of the cable
system.
STREET
The surface of and all rights-of-way and the space above
and below any public street, road, highway, freeway, lane, path, public
way or place, sidewalk, alley, court, boulevard, parkway, drive or
easement now or hereafter held by the Village for the purpose of public
travel and shall include other easements or rights-of-way as shall
be now held or hereafter held by the Village which shall, within their
proper use and meaning, entitle the grantee to the use thereof for
the purposes of installing poles, wires, cable, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and pertinent to a telecommunications
system.
SUBSCRIBER
Any person, firm, grantee, corporation, or association lawfully
receiving basic and/or any additional service from grantee.
USER
A party utilizing a cable television system channel for purposes
of production or transmission of material to subscribers, as contrasted
with receipt thereof in a subscriber capacity.
VILLAGE
The Village of Belgium, Wisconsin.
Any franchise granted by the Village pursuant
to § 66.0419, Wis. Stats., shall grant to the grantee the
right and privilege to erect, construct, operate and maintain in,
upon, along, across, above, over and under the streets, now in existence
and as may be created or established during its terms, any poles,
wires, cable, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
of a cable system.
Any franchise is for the present territorial
limits of the Village and for any area henceforth added thereto during
the term of the franchise.
The franchise and the rights, privileges and
authority granted shall take effect and be in force as set forth in
the franchise agreement and shall continue in force and effect for
a term of no longer than 15 years, provided that within 15 days after
the date of final passage of the franchise the grantee shall file
with the Village its unconditional acceptance of the franchise and
promise to comply with and abide by all its provisions, terms and
conditions. Such acceptance and promise shall be in writing duly executed
and sworn to, by, or on behalf of the grantee before a notary public
or other officer authorized by law to administer oaths. Such franchise
shall be nonexclusive and revocable.
No cable television system shall be allowed
to occupy or use the streets, i.e., rights-of-way, of the Village
for system installation and maintenance purposes, or be allowed to
operate without a franchise.
The Village shall have the right, during the
life of this franchise, to install and maintain, free of charge, upon
the poles of the grantee, any wire or pole fixtures that do not unreasonably
interfere with the cable television system operations of the grantee.
The Village shall indemnify and hold harmless the grantee from any
claim that might arise due to or as a result of the Village's use.
Costs to be borne by the grantee shall include
any requirements or charges incidental to the awarding or enforcing
of the initial franchise but shall not be limited to all costs of
publications of notices prior to any public meeting provided for pursuant
to this franchise, and any costs not covered by application fees,
incurred by the Village in its study, preparation of proposal documents,
evaluation of all applications, and examinations of the applicants'
qualifications.
[Amended 3-8-2010 by Ord. No. 2-10]
All notices from the grantee to the Village
pursuant to this chapter shall be to the Village Clerk's office. The
grantee shall maintain with the Village, throughout the term of this
franchise, an address for service of notices by mail. The grantee
shall maintain a central office to address any issues relating to
operating under this chapter.
Minimum public notice of any public meeting
relating to this franchise shall be by publication at least once in
a local newspaper of general circulation at least 10 days prior to
the meeting, and by posting at the Village Hall.
The grantee shall provide cable communications
service throughout the entire franchise area pursuant to the provisions
of this franchise and shall keep a record for at least three years
of all requests for service received by the grantee. This record shall
be available for public inspection at the local office of the grantee
during regular office hours.
The grantee shall have the 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 customers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or applicable
state and federal laws, rules and regulations.
Copies of all petitions, applications, communications
and reports either submitted by the grantee to the Federal Communications
Commission, Securities and Exchange Commission, or any other federal
or state regulatory commission or agency having jurisdiction in respect
to any matters affecting cable television operations authorized pursuant
to the franchise or received from such agencies shall be provided
to the Village upon request.
The grantee shall file annually with the Village,
no later than 120 days after the end of the grantee's fiscal year,
a copy of a gross revenues statement certified by an officer of the
grantee.
At the expiration of the terms for which this
franchise is granted and any renewal denied, or upon its termination
as provided herein, the grantee shall forthwith, upon notice by the
Village, remove at its own expense all designated portions of the
cable television system from all streets and public property within
the Village. If the grantee fails to do so, the Village may perform
the work at the grantee's expense. Upon such notice of removal, a
bond shall be furnished by the grantee in an amount sufficient to
cover this expense.
Upon the foreclosure or other judicial sale
of all or a substantial part of the system, or upon the termination
of any lease covering all or a substantial part of the system, the
grantee shall notify the Village of such fact, and such notification
shall be treated as a notification that a change in control of the
grantee has taken place, and the provisions of this franchise governing
the consent of the Village to such change in control of the grantee
shall apply.
The Village shall have the right to cancel this
franchise 120 days after the appointment of a receiver, or trustee,
to take over and conduct the business of the grantee, whether in receivership,
reorganization, bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration
of 120 days, or unless:
A. Within 120 days after his/her election or appointment,
such receiver or trustee shall have fully complied with all the provisions
of this chapter and remedied all defaults thereunder; and
B. Such receiver or trustee, within the 120 days, shall
have executed an agreement, duly approved by the court having jurisdiction
in the premises, whereby such receiver or trustee assumes and agrees
to be bound by each and every provision of this chapter and the franchise
granted to the grantee.
For the violation of any of the following provisions
of this franchise, penalties shall be chargeable to the letter of
credit or performance bond, as applicable, as follows, and the Village
may determine the amount of the fine for other violations which are
not specified in a sum not to exceed $500 for each violation, with
each day constituting as separate violation.
A. Failure to furnish, maintain, or offer all cable services
to any potential subscriber within the Village upon order of the Village:
$200 per day, per violation, for each day that such failure occurs
or continues;
B. Failure to obtain or file evidence of required insurance,
construction bond, performance bond, or other required financial security:
$200 per day, per violation, for each day such failure occurs or continues;
C. Failure to provide access to data, documents, records, or reports to the Village as required by §§
113-19,
113-29,
113-30,
113-31 and
113-36: $200 per day, per violation, for each day such failure occurs or continues;
D. Failure to comply with applicable construction, operation,
or maintenance standards: $300 per day, per violation.
E. Failure to comply with a rate decision or refund order:
$500 per day, per violation, for each day such a violation occurs
or continues. The grantor may impose any or all of the above-enumerated
measures against the grantee, which shall be in addition to any and
all other legal or equitable remedies it has under the franchise or
under any applicable law.
F. For any violations for noncompliance with the customer service standards of §§
113-23 through
113-25 the grantee shall pay $200 per day for each day, or part thereof, that such noncompliance continues.
G. Any other violations of this franchise agreement to
be determined by the grantor in a public hearing but not specifically
noted in this section shall not exceed $500 per day, per violation.