Village of Scotia, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 8-13-1969 as Ch. 4, Art. II, of the 1969 Code of Ordinances. Amendments noted where applicable.]
This ordinance shall be known and cited as the "Community Antenna Television and Audio Communications Services Ordinance."
[Amended 8-21-1974]
A. 
In consideration for the faithful performance and observance of the conditions and reservations hereinafter set forth, there is hereby granted to General Electric Cablevision Corporation, its successors, assigns or designees the right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above, across and from the streets, avenues, highways, sidewalks, bridges and other public ways, easements, rights-of-way and lands, as now existing and all extensions thereof and additions thereto, in the Village of Scotia all equipment, facilities, appurtenances and apparatus of any nature for the purpose of receiving, amplifying, transmitting and distributing, by studios, cameras, projectors, recorders, antennas, transmitters, microwaves, wires, cables, coaxial cables, wave guides and cables, of television, radio, electrical and electronic energy, pictures, sounds, signals, impulses and communications, unidirectional and multidirectional, of every nature and description, audio and video, embracing any and all of the frequencies of the electromagnetic spectrum and to otherwise engage in the business, services and activities generally known as and practiced now and in the future by community antenna television and audio communications services, in accordance with the laws of the United States of America, the State of New York and the Village of Scotia.
B. 
The village reserves the right to adopt, in addition to the provisions contained in this ordinance and any permit granted pursuant thereto, such additional regulations as it shall find necessary in the exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted in the permit.
[Amended 8-21-1974; 8-13-1980]
This permit shall be effective on August 24, 1980, and shall continue in full force and effect until the expiration of a period of five (5) years from such date and shall be automatically renewed for a period of five (5) years unless written notice of termination is given by the municipality or the permittee not less than six (6) months prior to the termination date of this permit. The permittee shall not abandon any service or any portion thereof without the written consent of the municipality. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the village reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this permit.
A. 
In consideration of the terms of this permit, the permittee shall pay to the Village of Scotia, on or before March 31 of each year, a permit fee of three percent (3%) based on gross subscriber revenues received for cable television operations in the village for the preceding calendar year. No other fee, charge or consideration shall be imposed, except that the Village Board of Trustees may impose a fee in excess of three percent (3%) but not more than five percent (5%) of gross subscriber revenues received from cable television operations in the village, provided that the Federal Communications Commission (FCC) certifies, after appropriate showing made by the permittee, that a permit fee in excess of three percent (3%) but no greater than five percent (5%) will not interfere with the effectuation of federal regulatory goals in the field of cable television and, after appropriate showings made by the Village Board of Trustees, that the permit fee in excess of three percent (3%) but no greater than five percent (5%) is appropriate in light of the village's planned regulatory program for cable television.
(1) 
Such payment shall be deemed compensation for services rendered, supervision and inspection of equipment and facilities and for other expenses relating to the installation and operation of the system on the part of the village as provided in this ordinance.
(2) 
The permittee shall keep complete records of accounts showing dates and payments received. The duly authorized agent of this municipality shall have the right, powers and authority to inspect the gross monthly service charge records of the permittee.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
B. 
In addition thereto, the permittee shall file with the Village Clerk-Treasurer and shall keep in its local office, to be available for inspection by the village, a copy of the rules, regulations, terms and conditions adopted by the permittee and in effect with its subscribers. The permittee shall also keep available at its local office, to be available for inspection by the village, and shall file with the Village Clerk-Treasurer an annual summary report showing the gross monthly service charge revenues received by the permittee from its operations within the village during the preceding annual periods as above described.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
C. 
The permittee shall submit to the village, prior to offering Community Antenna Television (CATV) service, the form of its subscriber's agreement and shall submit to the village any subsequent changes in that agreement.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
D. 
The charges for residential CATV service shall be as follows:
[Amended 12-8-1971; 10-11-1972; 8-21-1974; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
Type of Service
Rate
Residential
Installation charge
First receiver outlet
Aerial service
$19.95
Underground service
39.90
Each extra outlet
9.95
Basic monthly charge
First outlet
Aerial service
8.50
Underground service
14.00
Each extra outlet
2.75
Service calls
Free
Disconnection charge
Free
Reconnection charge
9.95
Relocate an outlet
9.95
Convertor charge -- remote control
Monthly rental
2.00
(includes free service and repair on rental only)
Collection charge
5.00
(If past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices.)
Converter deposit (refunded upon return of converter)
30.00
Commercial
Installation charge
Aerial service: Labor at seven dollars and fifty cents ($7.50) per hour plus material at cost plus fifteen percent (15%) overhead on sum of labor and material
Underground service: Labor at seven dollars and fifty cents ($7.50) per hour plus equipment and material at cost plus fifteen percent (15%) overhead on sum of labor and material
Monthly service
First outlet
Aerial service
$ 8.50
Underground service
14.00
Additional outlets
2.75
Remote control converters
Monthly rental
2.00
Collection charge
5.00
(If past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices.)
Converter deposit (refunded upon return of converter)
30.00
E. 
If any of the above-stated charges is higher than the lower rate set forth for like service in the City of Schenectady, Town of Rotterdam or Town of Niskayuna, the aforesaid higher rate or rates shall be automatically lowered to the lowest rate.
[Amended 12-8-1971; 10-11-1972; 8-21-1974; 11-9-1977 by L.L. No. 7-1977; 11-9-1977 by L.L. No. 8-1977; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
(1) 
In the event that cable television service is interrupted for a period in excess of seventy-two (72) hours to a subscriber and such interruption is not by reason of acts of God, of the public enemy, fires, floods, explosions, strikes or governmental restrictions, the permittee agrees to refund to the customer service charges attributable to the interrupted service period and in accordance with a daily pro rata formula.
(2) 
In the event that any converter belonging to Schenectady Cablevision, Inc., is lost or stolen while said converter is rented by the subscriber from Schenectady Cablevision, Inc., the subscriber shall be subject to the payment of a purchase fee of one hundred dollars ($100.) for said converter.
F. 
The permittee is authorized to automatically increase its rates in the event that copyright liability is impressed on the CATV system by an amount equal to the percentage charged by copyright holders.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
G. 
No change in rates shall be made until a copy of proposed new rates is filed with the Board of Trustees of the Village of Scotia, which shall convene a public hearing on such rates within forty-five (45) days after the date such new rates are filed. No change in rates shall take effect until thirty (30) days after the date of such public hearing and then only after approval of these rates by the Board of Trustees of the Village of Scotia.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
H. 
The municipality shall have the right to inspect all pertinent books, records, maps, plans, financial statements and other like materials of the permittee, upon reasonable notice and during normal business hours.
[Amended 8-21-1974; 8-13-1980]
A. 
There is hereby granted the further right, privilege and authority to the permittee to lease, rent or in any other manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the Village of Scotia, including the New York Telephone Company, and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the Village of Scotia. The poles used for the permittee's distribution system shall be those erected and maintained by the New York Telephone Company and/or Niagara Mohawk Power Corporation, when and where practicable, provided that mutual satisfactory rental agreements can be entered into with said companies. The permittee shall have the right to erect, install and maintain its own towers, poles, guys, anchors and ducts as may be necessary for the proper construction and maintenance of the antenna site, head end and distribution system, provided that poles placed on municipal properties shall first have their location approved by the Village Engineer. Such permission shall not be unreasonably withheld.
B. 
All transmission and distribution structures, lines and equipment erected by the permittee within the village shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places.
C. 
In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the permittee shall, at his own cost and expense and in a manner approved by the Village Engineer, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said work was commenced.
D. 
In the event that at any time during the period of this permit the village shall lawfully elect to alter or change the grade of any street, alley or public way, the permittee, upon reasonable notice by the village, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at his own expense.
E. 
The permittee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.
F. 
The permittee shall, on the request of any person holding a building moving permit issued by the village, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the permittee shall have the authority to require such payment in advance. The permittee shall be given not less than five (5) days' advance notice to arrange for such temporary wire changes.
G. 
The permittee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and 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 permittee, all trimming to be done under the supervision and direction of the village and at the expense of the permittee.
H. 
The permittee shall remove its plant and equipment located in the streets, highways and public places of the village within ninety (90) days of its termination of use of said facilities and without any cost or expense to the village; provided, however, that this provision shall not apply to the permittee in the event of an assignment of its rights as herein provided.
[Amended 10-11-1972; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
A. 
The permittee shall, during the existence of this permit, furnish reasonable, adequate and efficient community antenna reception service to the residents of the village wherever practicable, and the permittee agrees to maintain its system in reasonable repair and working order and to provide adequate facilities for such maintenance. These requirements may be temporarily suspended by disaster or emergency conditions or other circumstances beyond the reasonable control of the permittee.
B. 
The permittee shall provide to its subscribers all existing VHF and UHF FCC-allocated television channels having studio facilities within a radius of twenty-five (25) miles of the Village of Scotia.
C. 
Schenectady Cablevision, Inc., shall make available, in addition to the local signals, the following:
(1) 
At least two (2) nonnetwork commercial television stations from New York City.
(2) 
At least one (1) nonnetwork commercial television station from Boston.
(3) 
One (1) local origination channel.
(4) 
One (1) special events channel.
(5) 
One (1) news and stock channel.
(6) 
One (1) time - weather channel.
(7) 
Four (4) instruction television channels to be reserved for programming by local public elementary and secondary school systems but available for other uses by Schenectady Cablevision until required for such instructional programming.
(8) 
One (1) public access channel.
(9) 
Satellite signals as follows:
(a) 
USA Network (MSG).
(b) 
ESPN.
(c) 
Nickelodeon.
(d) 
Calliope.
(e) 
C-SPAN.
(f) 
SPN or MSN.
(g) 
BET.
D. 
All of the above shall be subject to rules and regulations of the FCC.
E. 
The permittee shall provide at least thirty-channel capacity in the CATV distribution system and shall provide two-way communication provisions as specified in FCC rules.
The permittee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage; provided, however, that this shall not be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification shall be entitled.
No privilege or exemption is granted or to be inferred by this permit except those specially prescribed herein. Any privilege claimed under this permit in any street shall be subordinate to any prior lawful occupancy of the street.
This permit shall be held in trust by General Electric Cablevision Corporation or its successor in interest; provided, however, that it may assign its right, title and interest hereunder to another corporation or lawful business entity through the sale of stocks or assets or otherwise, provided that prior approval of such assignment shall be obtained from the Board of Trustees of the Village of Scotia,[1] which said approval shall not be unreasonably withheld, provided that such other corporation or lawful business entity is duly authorized to receive such assignment and agrees to undertake and assume all the obligations of the original corporation hereunder subject to all of the terms and conditions of this permit. In the event that such assignment takes place with such consent, then immediately upon the delivery to the Board of Trustees of the Village of Scotia of the aforesaid assumption agreement, duly executed by the assignee, all of the rights, obligations and privileges herein granted to the permittee shall forthwith devolve upon the assignee, who shall in all respects stand in the place and stead of the original corporation hereunder.
[1]
Editor's Note: The Board of Trustees, by resolution adopted 12-8-1971, conditionally consented to the assignment of the franchise to Schenectady Cablevision, Inc.
[Amended 10-11-1972]
A. 
The community antenna television and audio communications system will be so designed, engineered and maintained by the permittee as not to interfere with the television reception of residents of the village who are not subscribers to its services.
B. 
The permittee's plant and equipment, including the antenna site, head end and distribution system towers, structures, poles, wires and appurtenances, shall be installed in accordance with good engineering practices and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated so as not to endanger or interfere with the lives of persons or to interfere with improvements the village may deem proper to make or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on public ways, places and structures. Erection, installation, construction, replacement, removal, repair, maintenance and operation of the system shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction and such applicable laws of the State of New York and applicable ordinances of this village which may now be in effect or enacted in the future. All installations shall be of a permanent nature, durable and maintained in a safe, suitable and substantial condition, in good order and repair.
C. 
Any opening or obstruction in the streets or other public ways made by the permittee in the course of the construction, operation or removal of installations shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by warning lights.
A. 
During the term of this franchise and any renewal thereof, the grantee shall maintain within Schenectady County a business office. This office shall be open to receive inquiries or complaints from subscribers during the normal business hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. Any complaints from subscribers shall be acted upon as soon as practicable but within no more than three (3) business days of their receipt.
[Amended 10-11-1972]
B. 
The permittee shall provide notice to each subscriber, at intervals of not more than one (1) year, of the procedure for reporting and resolving subscriber complaints. Such notice may be written or be by such other means as the New York Commission on Cable Television may from time to time approve upon application by the permittee.
[Amended 8-21-1974]
[Amended 10-11-1972; 8-13-1980]
The permittee shall not engage in the business of repairing television or radio receivers in connection with its operations of community antenna television and audio communication services. Nothing herein shall be construed as prohibiting the permittee from offering converters and from repairing these devices.
[Amended 8-24-1971; 8-13-1980]
A. 
The permittee will supply one (1) free drop to public and parochial primary and secondary schools, fire stations, police stations, the Village Hall and other Village of Scotia municipal buildings, Town of Glenville municipal buildings and County of Schenectady municipal buildings which are passed by a cable belonging to the permittee, and there shall be no monthly service charge for said service. It is understood and agreed that all of the above buildings are located in the Village of Scotia.
B. 
The permittee shall also provide for the public and parochial primary and secondary schools located in and belonging to the Village of Scotia free maintenance of the drop, its installation equipment and cable. A converter will be supplied for each outlet. In addition, Schenectady Cablevision, Inc., will make its video equipment available for the above-mentioned schools at 830 McClellan Street as long as such action does not interfere with normal operating procedures at Schenectady Cablevision, Inc. When scheduling and the operation of the franchisee permit, the permittee shall offer initial technical assistance in the use of cablevision equipment to teachers and/or students of said schools so that said schools can develop their own trained staff, provided that any such individuals to be assisted shall first be designated for such training by a special committee of qualified personnel from said schools. The franchisee will provide the public primary schools located in the Village of Scotia access to the two-way capability of the cable at such time as the franchisee has the equipment to effectuate the reverse capability from the schools back to the head end or other agreed-upon signal insertion point and the schools are prepared to use such a capability, which date shall be no later than sixty (60) days after the franchisee and the village schools are prepared. Such access shall be available on one (1) of the educational channels of the franchisee and shall be dedicated to the exclusive use of the village schools and other public agencies within the municipality, such usage to be coordinated by the school system or its designee.
[Amended 10-11-1972; 8-21-1974]
A. 
The permittee shall at all times defend, indemnify, protect and save harmless the Village of Scotia from and against any and all liability, losses and physical damage to property and bodily injury or death to persons, including payments made under workers' compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance and operations of the permittee's community antenna television and audio communications service and resulting from or by any negligence, fault or misconduct on the part of the permittee, its agents, officers, servants and employees. Any municipal property damaged or destroyed in connection with the construction or operation of the cable system shall be promptly repaired or replaced by the permittee and restored to serviceable condition.
B. 
The permittee shall also carry New York State Workers' Compensation Coverage on its employees who are engaged in any manner in the erection, construction, replacement, repair, maintenance and operations of the permittee's plant and equipment.
C. 
The permittee shall carry a general comprehensive liability insurance policy naming the Village of Scotia as an additional insured with the following:
(1) 
Bodily injury or death: three hundred thousand dollars ($300,000.) for one (1) person or one million dollars ($1,000,000.) for any one (1) incident involving four (4) or more persons.
(2) 
Property damage: one million dollars ($1,000,000.).
(3) 
Contractual liability: one million dollars ($1,000,000.).
D. 
Bond.
(1) 
The permittee shall post a bond in the amount of ten thousand dollars ($10,000.) within thirty (30) days after receipt by the permittee of final operating authority to guarantee the timely construction of the cable television system and the faithful performance by the permittee of the obligations imposed by the permit and this ordinance.
(2) 
Forfeiture of any or all of the performance bond shall take place only in the following manner: there shall be no forfeiture of the performance bond upon default in performance by the permittee if such default, deficiency or failure of performance of any nature whatsoever under the terms of this franchise is without the exclusive control and/or supervision of the permittee. In the event that there is a default in performance by the permittee which remains uncorrected sixty (60) days after receipt by the permittee of a written notice of default, the permittee shall forfeit fifty percent (50%) of said bond to the municipality except as otherwise provided herein. If after one hundred twenty (120) days from the date of receipt of such written notice the default still remains uncorrected, the permittee shall forfeit the remainder of said bond to the municipality unless otherwise provided herein. The municipality may waive any such forfeiture or any time limits related to any uncorrected defaults under this subsection.
(3) 
Said performance bond in the amount of ten thousand dollars ($10,000.) shall remain in effect for five (5) years after the date of this franchise amendment, at which time the bond shall be reduced to the amount of five thousand dollars ($5,000.) for the next five (5) years, and thereafter no bond shall be required.
(4) 
In the event that forfeiture of the performance bond takes place, in whole or in part, such portion thus forfeited shall be reinstated by the franchisee to protect the franchisor against future default, deficiency or failure of performance, except that such reinstatement shall take place only in the amount and for the term for which the bond was to remain in effect as determined if there had been no forfeiture.
If the permittee shall fail to comply with any of the provisions of this ordinance or default in any of its obligations hereunder, except for causes beyond the reasonable control of the permittee, and shall fail within thirty (30) days after written notice from the village to commence and, within a reasonable time, complete the correction of such default or noncompliance, the Board of Trustees of the Village of Scotia shall have the right to revoke this permit and all rights of the permittee hereunder. In the event that the permittee shall be adjudged bankrupt or placed in receivership, this village may declare the special rights herein granted forfeited and terminated.
[Amended 10-11-1972; 8-21-1974]
A. 
The permittee shall start actual placement of stand and/or cable on or before December 8, 1972, and shall complete construction of the CATV system serving the entire Village of Scotia no later than December 8, 1973. If the permittee is unable to achieve these dates due to causes beyond its control, it shall receive an extension in time upon proper application to the Board of Trustees.
B. 
The permittee shall provide a cable television system which will conform to the technical standards specified in the FCC Rules and Regulations, Part 76, Subpart K, Section 76.605, adopted February 2, 1972, and to the applicable rules and regulations promulgated by the New York State Commission on Cable Television. The system will have the capacity of a minimum channel forward operation of twenty-one (21) channels and four-channel reverse operation. In the Village of Scotia, the permittee shall string approximately twenty-three (23) strand miles of cable passing in front of an estimated two thousand five hundred thirty-six (2,536) homes. Within one (1) year of the granting of all operating authorizations for an area, energized cable will be strung in front of seventy-five percent (75%) of the homes within that area. Within five (5) years of such authorizations, energized cable will pass in front of ninety percent (90%) of the homes where operating authorization has been granted. The remaining outlying dispersed areas will be passed within ten (10) years of the granting of all operating authorizations for that area.
[Amended 10-11-1972]
Change in FCC rules consistent with the requirement of FCC Rule 76.31(a) and (b) and any modification of Rule 76.31 resulting from an amendment thereto by the FCC shall, to the extent applicable, be considered as a part of this permit as of the effective date of the amendment made by the FCC and shall be incorporated into this permit by specific amendments hereto by lawful action of the Board of Trustees of the Village of Scotia within one (1) year from the effective date of the FCC's amendment or at the time of renewal of this franchise, whichever occurs first.
[Amended 10-11-1972]
Any inquiry, proceeding, investigation or other action to be taken by the Board of Trustees of the Village of Scotia in regard to the operation of the permittee's cable television, including action in regard to a change in subscription rates, shall be taken only after thirty (30) days' public notice of such action or proposed action is published in a local daily newspaper having general circulation in the Village of Scotia; a copy of such action or proposed action is served directly on the permittee; and the permittee has been given an opportunity to respond in writing and/or at any hearing as may be specified by the Board of Trustees of the Village of Scotia and general members of the public have been given an opportunity to respond or comment, in writing, on the action or proposed action.
[Amended 8-21-1974]
The permittee will not refuse to hire or employ nor bar or discharge from employment nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex.
[Amended 8-21-1974]
Trustees of the Village of Scotia are responsible for the continuing administration of this ordinance and any permits granted pursuant thereto.
[Amended 8-21-1974]
The terms of any permit granted pursuant to this ordinance are subject to the approval of the New York Commission on Cable Television.
[Amended 8-21-1974]
The permittee shall file requests for all necessary operating authorizations with the New York Commission on Cable Television and the Federal Communications Commission within sixty (60) days from the date the permit is awarded.
[Amended 8-21-1974]
The franchisee agrees that access to the public access channel shall be given to interested persons in the order in which they apply for such usage (first come, first served) and shall be given on a nondiscriminating basis in accordance with operating rules. There shall be available for such public access at least one (1) fixed studio facility. The franchisee agrees to cooperate with the franchisor and local groups in the formulation of the ground rules for the use of the public access channel. The franchisee shall provide a public access channel equal in quality to all other channels provided by it, except that it is understood that such is not a representation as to the actual quality of the projected sound and picture on a television set adapted for cable television since such resulting picture is determined by factors without the control of the franchisee. The franchisee shall be held harmless and free from and against any and all liability for program content on the public access channel and, further, that any such liability shall be the sole responsibility of the producer and/or any other individual, group, institution or body responsible for the content of such program.
[Amended 8-21-1974]
If any provision of this ordinance is for any reason held invalid or unconstitutional by any court or regulatory agency of competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holding shall not affect the validity of the remaining provisions hereof.