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City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 13.03 and 13.10 of the 1981 Code. Amendments noted where applicable.]
[Amended 7-1-2008 by Ord. No. 1259; 9-4-2012 by Ord. No. 1324]
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any individual, partnership, corporation or association who or which shall have filed a written application for a franchise under this chapter as herein provided.
CABLE COMMUNICATION SYSTEM
Any system whose function is to receive and amplify the broadcast signals of one or more television and radio stations or to provide signals for additional closed circuit programming and to redistribute such signals to members of the public who subscribe to such service or to whom redistribution of such signals is required by this chapter by means of wires, cables, conduit, microwaves, satellites, or other means.
CITY
The City of St. Francis.
COMMON COUNCIL or COUNCIL
The governing body of the City or any successors to the legislative powers of said body. It shall include any person or persons designated by the Council to act on its behalf.
GRANTEE
Any applicant receiving the grant of any franchise hereunder and shall include any lawful successor to the interest of a grantee when consent to such succession has been granted by the Council.
GROSS REVENUES
All compensation received by the grantee, its affiliates or subsidiaries from and in connection with the operation of the cable communication system in the City, as that term is defined by the FCC or a court of competent jurisdiction, and shall include compensation in whatever form, exchange or otherwise, from all sources, including, without limitation, revenues from advertising, channel leasing, data transmission and per-program charges, in addition to the subscribers' regular monthly payments.
REASONABLE NOTICE
The provision of notice of contemplated action delivered at least 48 hours prior to such action.
SUBSCRIBER
A recipient of cable communication system service.
No individual, partnership, corporation or association shall install, maintain or operate a cable communication system, or solicit subscriptions for the same, without first having applied for and obtained a franchise from the City in accordance with this chapter, and any failure to secure such a franchise prior to the commencement of operations or the soliciting of any subscription from any subscriber for such service shall be deemed a violation of this chapter and shall subject the violator to a forfeiture of $50 to $100 for the first subscriber obtained or potential subscriber solicited and $100 to $200 for each subsequent subscription or solicitation. This chapter in no way limits the City as to other remedies available through state or federal courts or administrative agencies.
No individual, partnership, corporation or association shall use the streets for or in connection with a cable communication system except as may be specifically permitted by the Council. No cable or other equipment or device installed in, over or under the streets under a franchise granted under this chapter shall be used for any purpose except for a cable communication system as herein defined or other services described in the application of the grantee or approved by the Council.
The application for a franchise shall be submitted to the Council in writing and shall contain the following:
A. 
Individuals, partnerships and corporations.
(1) 
For individuals. The applicant's name, address, occupation and principal place of business.
(2) 
For partnerships. The applicant partnership's name, business, and principal place of business, along with names, addresses, occupations, and principal place of business of each of the partners.
(3) 
For corporations (or associations). The applicant corporation's name, principal business and principal place of business; the state of incorporation; the names and addresses of the officers and directors; the name and address of its registered agent; the number of shareholders, including names and residences of shareholders holding, controlling or having a beneficial interest in more than 10% of the outstanding shares, identifying their interests, along with a statement indicating any intention on change of said interests during the term of the franchise. If the corporation is a foreign corporation, a certificate of authority to transact business in this state shall accompany the application.
B. 
A statement as to any other cable communication systems owned or operated by or in which the applicant has any interest. Such statement shall list by name and address each and every municipality in the United States in which the applicant operates a cable communication system or has been granted a franchise so to do, the date of granting of the franchise and length of operation, if any.
C. 
A detailed explanation of the nature, extent and scope of operation of the proposed system (including any present legal, financial, technical or other qualifying matter which may in any way relate to the ability of the applicant to perform the proposed system).
D. 
A complete, sworn financial statement of the applicant.
E. 
The estimated cost of installing the system.
F. 
The method of financing the system.
G. 
A listing of channels which the applicant will provide and the type of program or service to be provided on each channel.
H. 
A schedule of the applicant's rates for installation, monthly service charges and any other charges to subscribers, together with a proposed rental or service agreement with subscribers which details the rights and obligations of subscribers to the system. The schedule of proposed rates shall also indicate that there shall be no charge made to a subscriber for the removal of service.
I. 
A list of equipment to be used in the total system together with specifications therefor. The applicant will agree that the Council may require review of adequacy of equipment by a third-party qualified consultant whose fee shall be paid by the applicant.
J. 
The estimated construction schedule.
K. 
A statement that the applicant will abide by and conform to all of the provisions of this chapter and amendments thereto and that the applicant will pay at the time required any franchise fees herein prescribed.
L. 
Such additional detailed information which the Council may require.
M. 
A proposal fee as provided by the current fee schedule on file with the City Clerk shall accompany the proposal. Said application fee shall be nonrefundable. Said fee shall become part of the general fund of the City.
A. 
The Council, after a public hearing or hearings, may grant a nonexclusive franchise to an applicant, thereafter referred to as "grantee," for a period of 15 years from the date the franchise is awarded for the right and privilege to install, operate and maintain a system in the City under the restrictions and conditions of this chapter. No property right in this franchise shall vest in the grantee, and such franchise shall not be construed to create any right beyond that set forth in this chapter.
B. 
A franchise approval fee as provided by the current fee schedule on file with the City Clerk shall be paid by the grantee to the City within 10 days after the granting of the franchise to the grantee to offset the reasonable costs of Municipal Attorney or legal consulting fees plus any administrative costs incurred by the City.
C. 
No transfer of control of the cable communication system shall take place, whether by forced or voluntary sale, lease, assignment, or any other form of disposition, without prior notice to and approval by the Council after submission of an application by the transferee.
D. 
None of the rights and privileges or the delegations, duties or liabilities created by this franchise may be transferred or assigned, either voluntarily or involuntarily, by the grantee without prior approval by the Council after submission of an application by the proposed transferee or assignee.
E. 
The grantee shall not assign, mortgage, pledge, hypothecate or otherwise encumber the franchise or all or any part of the cable, wires or other equipment located within the City, nor permit the same to occur, nor permit a prior assignment, mortgage, pledge, hypothecation or encumbrance to continue, without prior notice to and approval by the Council.
F. 
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 immediately notify the City 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 section governing the consent of the Council to such change in control of the grantee shall apply.
G. 
The grantee shall, at all times during the operation of this franchise, be subject to all lawful exercise of the police power as may be hereafter provided by the City or the Council.
H. 
Cable communication system service shall be made available to the entire City in accordance with the construction timetable.
I. 
To the extent not prohibited by law, any transfer of any kind under Subsection C, D, E or F without prior notice to and approval by the Council after submission of application shall be absolutely void.
J. 
Where there is a physical impracticality for the franchisee to connect to a building in the City of St. Francis, the City may grant an additional franchise to another cable television operator, by ordinance, permitting installation and, if desired, waving certain conditions of this Code.
A. 
This franchise may be renewed by the Council upon application of the grantee pursuant to the procedure established in this section and in accordance with the then applicable law.
B. 
At least 18 months prior to the expiration of the franchise, the grantee shall inform the Council in writing of its intent to seek renewal of the franchise.
C. 
After giving public notice, the Council shall proceed to determine whether the grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance the City shall consider technical developments and performance of the system, programming, other services offered, cost of services, and any other matters relevant to the operation and performance by the grantee. The Council shall consider the grantee's annual reports made to the City and the FCC and industry performance on a national basis. Provision shall be made for public comment.
D. 
A four-month period shall be provided to determine the grantee's eligibility for renewal.
E. 
The Council shall then prepare within two months of the expiration of that period any amendments to this chapter that it believes necessary.
F. 
If the Council finds the grantee's performance satisfactory a new franchise may be granted pursuant to this chapter as amended for a period of 10 years.
G. 
In the event that the grantee is determined by the Council to have performed unsatisfactorily, new applicants shall be sought and evaluated and a franchise award shall be made by the Council according to franchising procedures adopted by the Council.
A grantee shall be subject to the following restrictions and conditions with regard to the operation of the system, which conditions and restrictions shall be in addition to any other sections of this chapter or other sections of this Code:
A. 
Cable, wires, and other equipment in connection with such system shall only be installed and operated on or under the streets upon the poles or in underground conduit and equipment of the existing utilities within the City where conduits exist and where space in installed conduits is available. Installation of any additional poles, conduit or other equipment for the installation of cable, wires and other overhead equipment and underground equipment in streets in connection with said system shall not be authorized and is expressly forbidden except as such additional authorization may be secured by the special permission of the Council; provided, however, that in no event may installation of poles be authorized along a public street. In reaching a decision as to such additional poles or equipment, the suggestions, if any, of the public utility company or companies servicing or planning to serve such area may be considered. Installation over or on private property shall be subject to prior utility easement and prior notification by mail or personal service to the appropriate utility company and property owners. The grantee shall obtain, at its own expense, any additional necessary easements or rights-of-way which shall become part of the franchise and shall vest no property rights or things of value in such grantee whatsoever but shall inure to the benefit of the City.
B. 
Such wires, cables and other underground or overhead equipment shall be located as may be required of telephone companies or power lines by the Public Service Commission of Wisconsin. All equipment shall be grounded in the same manner as required by Chapter 237, Electrical Standards, of this Code for electrical services.
C. 
In case it becomes necessary for the grantee to open or otherwise disturb any streets, the grantee shall first secure a permit from the City Engineer. The charge for restoring the premises to its original condition shall be determined by the fee schedule of the City or as reasonably established by the City Engineer. The grantee shall pay the charge therefor to the City in advance of the work. The work of restoring the street shall be performed by the City. As an alternative regarding restoration, the City may allow the grantee to restore the street, provided that prior approval is granted by the City and inspection and approval of the restoration are given by the City. In the event that such advance payment is insufficient to cover the cost plus reasonable administrative expenses, the grantee shall pay such additional amount; if too much, it shall be refunded.
D. 
The grantee shall, at its own expense, protect, support, temporarily or permanently disconnect, relocate in the same street, or remove from any street any property owned or used by the grantee when required by the City Engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, or installation of sewers, drains, water pipes, power lines and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity or any other structures or public improvements.
E. 
The grantee shall, upon the request of any person having a building moving permit issued by the City, temporarily raise or lower its lines or disconnect or take them down to permit the moving of buildings. The expense of such removal, raising, or lowering of wires shall be paid by the person requesting the same, and the grantee shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes. The City shall not be responsible for any changes incurred by reason of moving such buildings.
F. 
All installations by the grantee of cables and incidental equipment shall comply in all respects with all laws, ordinances, rules and regulations of the Federal Communications Commission, the State of Wisconsin, or any agency or department thereof, and of the City or any agency or department thereof, now or hereafter in effect.
G. 
The grantee shall provide and maintain its equipment in such condition and of such quality so that none of its service will adversely affect radio and television reception.
H. 
Installation and maintenance of equipment shall be such that standard color signals shall be transmitted with high-quality fidelity to any subscriber consistent with FCC standards or any higher utility standards possible in the industry, at the City's option. For this purpose, the grantee shall make available to the City such monitoring devices and test panels, at a location determined by the City, so shall enable the City to assure high-quality fidelity transmission to the subscriber.
I. 
The grantee shall not either directly or indirectly engage in the servicing or repair of television receivers in the City nor directly or indirectly require of any subscriber the patronage of any designated person or company engaged in such service or repair business. The foregoing shall not apply to the repair or adjustment of equipment which is part of the system of the grantee.
J. 
The grantee shall submit to inspections by duly authorized personnel of the City and shall make available to such inspectors or duly authorized personnel its facilities and equipment. The City reserves the right to enact reasonable regulations regarding the installation and maintenance of the facilities of the grantee.
K. 
The City shall have the right, during the life of this franchise, free of charge, where serial construction exists, to maintain upon the poles of the grantee within the City limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be constructed and maintained to the satisfaction of the grantee and in accordance with its specifications.
L. 
The City in its use and maintenance of such wires and fixtures shall at all times comply with the rules and regulations of the grantee so that there may be a minimum danger of contact or conflict between the wires and fixtures of the grantee and the wires and fixtures used by the City.
M. 
The grantee, subject to prior approval of the City Engineer, shall have the authority to trim trees upon and overhanging streets of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that, at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the grantee. As to trees on private property, subscriber written permission must be obtained.
N. 
In all areas of the City where the cables, wires, or other like facilities of public utilities are not placed underground, the grantee shall place its cables, wires or other like facilities underground. In all areas of the City where cables, wires, or other like facilities of public utilities are in the future placed underground, the grantee shall at such time place its cables, wires, or other facilities underground. Unless otherwise determined by the Council upon termination of its franchise by revocation, nonrenewal or any other event the grantee shall remove or cause to be removed its plant, structures and equipment.
O. 
In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances, without affecting the electric or telephone cables, wires or attachments. Such obligations shall be met by the grantee within 12 months of the date of revocation, termination or other future date fixed by the Council. Any property not so removed shall be deemed abandoned and the City may dispose of such property as it sees fit. Any cost for such removal or disposal incurred by the City shall be reimbursed by the grantee. The Council shall inspect and approve the condition of the public ways and public places and wires, cables, attachments and poles after removal. Liability insurance and indemnity required to be provided under § 205-13 shall continue in full force and effect during the period of removal. The period of removal shall end only after inspection of the removal results and upon issuance of an approval of the grantee's removal results by the Council. The grantee shall provide a performance bond in an amount to be set by the Council to insure payment for such removal. The Council may require grantee to continue operating for a period of 12 months from the date of any determination to revoke or not review.
P. 
In the event of a failure by the grantee to complete any work required above or any work required by City law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done, and the grantee shall reimburse the City the costs thereof within 30 days after receipt of an itemized list of such costs.
Q. 
It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system or the Council gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances.
R. 
The grantee may be required to interconnect its system with any other compatible broadband communication facility. Such interconnection shall be made within the time limit established by the Council. The interconnection shall, at the Council's discretion, be accomplished according to the method and technical standards determined by the Council, in a manner consistent with applicable FCC standards.
S. 
The grantee shall provide a full color local origination/access production facility within the City limits at such locations approved by the Council. The grantee shall submit its plan for this studio to the Council for approval. This production facility shall be made available to persons and organizations using the public access educational government channels on the grantee's cable system, subject to reasonable rules and regulations to be established by the Council. The grantee shall provide reasonable technical programming assistance to persons and organizations using the production facility.
[Amended 9-4-2012 by Ord. No. 1324]
T. 
If the Council determines not to reissue the franchise for reasons other than a material breach of the franchise or reasons unrelated to the performance of the franchise holder or upon receipt of an application for assignment of the franchise or upon change of de facto control, the grantee shall first offer the system for sale to the City at a fair and just market value, which value shall include the fair market value of the system as a going concern, including the franchise itself and the rights and privileges granted by the City.
(1) 
When the franchise is revoked or expires and is not renewed because of a material breach of the franchise, the grantee shall first offer the system for sale to the City at a fair and just market value, which value shall not include any value for the franchise itself or for any of the rights or privileges granted by the City.
(2) 
In the event that the determination of fair market value cannot be negotiated or determined, said value shall be determined by an impartial arbitration procedure pursuant to Ch. 788, Wis. Stats., wherein the grantee and the City shall each choose an arbitrator and the arbitrators chosen shall choose the third, and the valuation determined by said arbitrators shall be considered the fair market value at which the system will be offered to the City. The determination of the value of the system shall be decreased by the amount of any damages sustained by the City in connection with revocation or expiration, including, without limitation, payment made by the City to another person or entity to operate the system for a temporary period after revocation. The cost of the arbitration procedure shall be shared equally by the City and the grantee.
(3) 
The City shall have 90 days to exercise the right of first refusal to purchase the system, said 90 days commencing on the day the fair market value of the system is determined either through negotiation or the arbitration procedure. If the City does not exercise its option to purchase and the system is not sold to another operator who has obtained a franchise from the City in a reasonable period of time, the grantee, upon request by the City, shall promptly remove all its plant, structures and equipment; provided, however, that in the event the City determines not to exercise its right of first refusal it shall not unreasonably refuse to renew or grant a cable television franchise during a reasonable interim period. While transfer of the system and franchise is being negotiated, arranged or ordered, the grantee may be required to continue service to the public unless for reasons beyond the control of the grantee said operation will be economically unfeasible to the grantee.
A. 
The maximum rates which may be charged by the grantee to subscribers shall be those rates as set forth in the grantee's application. Said rates shall remain the maximum rates for the first two years of operation of the system. For the purpose of determining the two-year time period under this subsection, the operation shall be deemed to have commenced one year after the date of award of the franchise or at such time as construction necessary to make cable system service available to 50% of the homes in the City has been completed, whichever shall first occur. Completion of construction shall include not only the required installation of equipment but shall be interpreted to require the satisfactory receipt of all signals by subscribers.
B. 
Thereafter, no increase in rates shall be allowed unless 90 days' written notice shall first be given by the grantee to the City Clerk and the Council. The Council shall hold a mandatory public hearing or hearings to consider said proposed rate increase and the grantee shall receive written notification thereof. In the event that the Council takes no action to either grant or deny the proposed rate increase within the ninety-day period, the proposed increase shall be deemed approved and the grantee may increase the rates effective at the end of the ninety-day period unless by the agreement of the Council and the grantee that period is extended.
C. 
The Council, however, retains the right to act upon such request for an increase in rates. In such event, a public hearing shall be mandatory. In addition, the Council shall request the grantee to present a petition for rate increase. Said petition for rate increase shall include a list of other municipalities being served by the grantee and the rates in effect in each one and the following reports, which shall reflect the operation of the City system only:
(1) 
Balance sheet.
(2) 
Income statement.
(3) 
Cash flow statement.
(4) 
Statement of sources and application of funds.
(5) 
Detailed supporting schedules of expenses, income, assets, and other items as may be required.
(6) 
Statement of current and projected subscribers and penetration.
(7) 
Other information requested by the Council which may relate to the necessity for the rate increase.
D. 
The grantee's accounting records applicable to the City system shall be available for inspection by the City at all reasonable times. The City shall have access to records of financial transactions for the purpose of verifying burden rates or other indirect costs prorated to the City operation. The documents listed above shall include sufficient detail and/or footnotes as may be necessary to provide the City with the information needed to make accurate determinations as to the financial condition of the system. All financial statements shall be certified as accurate by an officer of the grantee. The City may do all things necessary to ensure completeness and accuracy. All City costs of inspection and verification shall be promptly reimbursed to the City upon demand.
E. 
After consideration of the information supplied and after public hearing, the Council, in its sole discretion, may approve the rate increase, deny the rate increase, or, if more than one type of rate is requested to be increased, approve the increase in part and deny the increase in part. The criteria for the Council's decision in such matter shall be the establishment of rates which are fair and reasonable to both the grantee and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable costs of service, including fair return on all invested capital, assuming efficient and economical management. Fair return on invested capital, as used herein, shall be the equivalent of fair return on invested capital as calculated by the Public Service Commission of Wisconsin for privately owned electric and telephone utility companies in the Milwaukee County area.
A. 
For the purpose of and for the expenses incurred by the City for the regulation of the cable communications system by the City, the grantee shall pay to the City an amount equal to the maximum percentage permitted by law of the grantee's gross revenues from the operations of the cable communications system in the incorporated area of the City during the calendar year. Such fund shall be retained in a separate account to be designated as the "Cable Regulatory Fund." Said maximum is currently 5%. In the event that there is no such maximum permitted by law or the present maximum is abandoned, the parties shall agree upon a rate. If no agreement is reached within 120 days of elimination of the maximum, the subject shall be resolved by arbitration procedures set forth in Ch. 788, Wis. Stats., or its successor. The annual sum shall be payable 1/2 thereof at the end of each semiannual period. The semiannual anniversary shall be the last day of June and the last day of December of each year, and each semiannual payment shall be paid within 60 days thereafter.
B. 
The grantee shall also file within 120 days following the conclusion of each fiscal year of the grantee an annual report prepared and audited by an independent certified public accountant showing the yearly total gross revenues and payments to the City and any further relevant financial information in regard to the grantee as may be required by the Council.
[Amended 9-4-2012 by Ord. No. 1324]
C. 
The City shall have the right to inspect the grantee's income records and the right to audit and to recompute any amounts determined to be payable under this chapter; provided, however, that such audit shall take place within 12 months following the close of each of the grantee's fiscal years. Any additional amount due to the City as result of the audit shall be paid within the 30 days following written notice to the grantee by the City, which notice shall include a copy of the audit report.
D. 
In the event that any franchise payment, recomputed amount or other payment is not made on or before the applicable dates heretofore specified, interest shall be charged from such date at the rate of 2% above the local prime rate.
E. 
Payments of compensation made by the grantee to the City pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by any law of the United States, the State of Wisconsin, the County of Milwaukee or the City.
A. 
The cable communications system permitted to be installed and operated hereunder shall be operated in conformance with the FCC's technical standards, 47 CFR 76.601 et seq.
(1) 
The system shall be capable of delivering all National Television Systems Committee color and monochrome standard signals, developed and presented to the Federal Communication Commission on July 21, 1953, to standard Electronic Industries Association approved television receivers without noticeable degradation.
(2) 
The system shall meet all performance criteria over the ambient temperature range prevailing in the franchise area from the normal daily minimum temperature in February to the normal daily maximum temperature in August.
(3) 
The grantee shall continue, throughout the term of the franchise, to maintain the technical standards and quality of service set forth in this chapter. Should the Council reasonably find that the grantee has failed to maintain these technical standards and quality of service, and should it specifically enumerate improvements to be made, the grantee shall make such improvements.
B. 
The system shall be capable of initially delivering to subscribers a minimum of 20 channels.
C. 
The grantee shall carry but not be limited to:
(1) 
Milwaukee metropolitan area Channels 4, 6, 10, 12, 18, 24, and 36.
(2) 
A minimum of two independent non-area channels.
(3) 
The signals of other TV stations pursuant to the present and future regulations and requirements of the FCC.
(4) 
One grantee-controlled and -provided additional fee channel for special programs and events.
(5) 
One access channel for a use to be determined by the Council with a right reserved to the City to obtain a second access channel when traffic so dictates. Access channel shall be provided by the grantee or by the municipal users based upon the provisions as set forth herein and in the grantee's application.
(6) 
Such additional channels, programs and production equipment as the grantee has included in his application.
D. 
The grantee shall:
(1) 
Furnish and install a cable service drop or connection to each school physically located in the City (public, private and parochial), the Municipal Building, library, and Police and Fire Departments, at no charge or monthly service fee.
(2) 
Provide two-way capability and furnish the necessary line amplifiers and return modules.
(3) 
Provide for program interruption to allow the City to advise its residents of emergency situations.
A. 
Grantee shall maintain a business office and telephone listing in Milwaukee County for the purpose of receiving inquires and complains from its customers and the general public. Investigation and repair personnel shall live within a fifteen-mile radius of the St. Francis Municipal Building. The grantee shall investigate all complaints within 48 hours after notice. The grantee shall maintain records of complaints, including action taken thereon, and shall keep such records in the local business office. The grantee shall make the records available to the Council upon request. In no event shall the grantee remove or destroy such records without prior approval of the Council.
B. 
In the event of the failure by the grantee to resolve complaints, the Council may review complaints other than those relating to program content. Failure of the grantee to resolve complaints may also be cause for revocation of franchise.
C. 
In all brochures and other written material, the grantee shall state the fact that a complaint procedure has been established and state the mailing address and telephone number of the office handling inquires and complaints.
D. 
When there have been similar complaints made or where there exists other evidence which, in the judgment of the Council, casts doubt on the reliability or quality of cable service, the Council shall have the right and authority to compel the grantee to test, analyze and report on the performance of the system, at the expense of the grantee. Such test or tests shall be made, and the results of such test or tests shall be delivered to the City no later than 14 days after the Council formally notifies the grantee. Such report shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and the method in which such complaints were resolved. Any other information pertinent to the special test shall be recorded.
[Amended 9-4-2012 by Ord. No. 1324]
(1) 
Said tests and analyses shall be supervised by a professional engineer not on the permanent staff of the grantee. The aforesaid engineer should sign all records of special tests and forward to the City such records with a report interpreting the result of the tests and recommending actions to be taken by the City.
(2) 
The City's right under this provision shall be limited to requiring of tests, analyses, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence requires that tests be performed to protect the public against substandard cable service.
A. 
The grantee shall, within 60 days of the date of the award of the franchise, perform and submit all required registrations and applications with the appropriate governmental agencies regulating cable systems.
B. 
The grantee shall, within 90 days of the date of the award of the franchise, furnish to the Council complete plans and specifications for the construction of its plant and distribution system for approval by the Council.
C. 
The grantee shall, within one year of the approval of the plans and specifications by the Council, complete the construction necessary to make cable system service available to at least 50% of the homes in the City.
D. 
The grantee shall, within 18 months of the approval of the plans and specifications by the Council, complete all of the construction of its plant and distribution system throughout the City.
E. 
Completion of construction under Subsections C and D shall include not only the required installation of equipment but shall be interpreted to also require the satisfactory receipt of all signals by subscribers.
F. 
Failure to comply with any of the time limits set forth in Subsections A, B, C and D above (unless said time limits are extended by the Council) shall be grounds for revocation of franchise.
G. 
At the end of two years (as established under Subsection D) the grantee shall make cable system service available to all residences or commercial establishments within the City within 60 days after the filing of written applications by said potential subscribers for such service and payment of the connection fee.
H. 
The grantee shall make no material change in the operation of the system from that approved by the Council in granting the franchise except upon prior approval by the City. At least two weeks prior to making a request for a material change in operations, the grantee shall cause to be published in the official City newspaper prominent notice of the request, including a description of the nature of the changes and a concise statement of the reasons therefor.
I. 
The grantee shall be required to provide a performance bond in the amount of $50,000 within 10 days after the date of award of the franchise. This bond shall serve as an assurance to the City of St. Francis that the construction of the system shall be completed within the period as designated in Subsection D above.
A. 
The grantee shall indemnify and save the City, its agents and employees harmless from and against all loss, liability, damage and expenses, including attorney fees, sustained by the City, its agents and employees on account of any suit, judgment, execution, claim or demand arising out of the installation, operation or maintenance of the cable communications system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder, including but not limiting said indemnity to claims for personal injuries, libel, slander, death or property damages, expenses of investigation and litigation of claims and suits arising hereunder, and claims based on copyright violation or infringements or violation of proprietary rights.
B. 
The grantee shall carry and at all times maintain on file with the City Clerk and at all times keep in force a public liability policy of insurance insuring such grantee and the City against any and all liability arising from such installation and/or operation, with limits of liability of not less than $500,000 for property damage and $1,000,000 for any one person for personal injury, death, or other damages attributable to the installation and/or operation of the cable communication system. Such policies of insurance or certificate thereof by a company licensed to do business in the State of Wisconsin shall be filed with the City Clerk prior to the commencement of installation. Such policy or certificate shall provide that the City shall be notified 30 days in advance of the cancellation or termination of the policy. The Council reserves the right to approve the policy and to periodically increase minimum limits of liability based upon inflationary factors and based upon experience.
C. 
The grantee, upon receipt of due notice in writing from the City, shall defend at its own expense any action or proceeding against the City in which it is claimed that injury or damage arose from the grantee's activities or failure to act in the installation, maintenance or operation of its cable communication system.
The grantee shall comply with all conditions imposed by the Federal Communications Commission and by the State of Wisconsin. Failure to obtain any required licenses or to comply with all such conditions shall be grounds to revoke the franchise without liability assigned to the City. Copies of all documents pertaining to the City filed with other government bodies, including but not limited to the FCC and the State of Wisconsin, shall be furnished to the City concurrently.
A. 
Notice.
[Amended 9-4-2012 by Ord. No. 1324]
(1) 
The Council shall have the right to rescind or revoke the franchise granted upon violation by the grantee of any material obligation or requirement contained herein, or upon the refusal to comply with any reasonable request made by the Council concerning compliance with this chapter, after written notice to the grantee and continuation of such violation or refusal to comply by the grantee. An accumulation of violations which if taken alone would not constitute a violation of a material obligation or requirement may be deemed a violation of a material obligation or requirement.
(2) 
Such written notice to the grantee shall specify precisely the manner in which the grantee is in violation, but in no event shall the time period be more than 30 days from the date of receipt of the notice to the grantee.
B. 
The Council may declare this franchise herein granted to be forfeited and terminated upon the happening or discovery of any of the following events:
(1) 
Grantee adjudicated a bankrupt.
(2) 
Grantee becomes insolvent.
(3) 
Grantee is placed in receivership.
(4) 
Grantee violates the right to privacy of subscribers.
(5) 
Grantee fails to meet the construction timetable without good cause for such failure.
(6) 
Grantee practices fraud or deceit upon the City, its agents, and employees or upon the subscribers.
(7) 
Grantee makes material misrepresentations in its application.
(8) 
Grantee fails to comply with material requirements of its application or the municipal ordinances.
(9) 
Grantee fails to provide uninterrupted service to more than 10% of its subscribers for 10 consecutive days or for 30 days in any one calendar year.
C. 
The Council may establish or adopt rules and regulations which provide for fines to be levied against the grantee when, in the judgment of the hearing body, the grantee has failed to satisfactorily perform according to the terms of this chapter.
The grantee shall not, as to rates, charges, service, services facilities, rules, regulations, employment, or in any other respect, make or grant any undue preference or advantage to any party nor subject any party to any prejudice or disadvantage because of race, creed, religion, sex, age, marital status or national origin. So far as allowed by law, special consideration as to all items mentioned herein shall be granted to the City, all schools, and to residents over 60 years of age.
The grantee's application shall be deemed incorporated by reference and made a part of this chapter. In the event of a conflict between proposed services listed in said application and the provisions of this chapter, that provision which provides the greatest benefit to the City, in the opinion of the Council, shall prevail.
The grantee shall not reveal to any third party any information or data concerning any specific subscriber except as required by law. Any information or data revealed to third parties shall be limited to gross data relating to all subscribers, without identification of individual subscribers; provided, however, that the grantee may make revelations consistent with activities directly related to the business of operating a cable communication system, i.e., mailing of information and billing statements. Upon request the Council shall be furnished with subscriber information.
A. 
The Council and the grantee shall hold scheduled evaluation sessions within 30 days of the third, fifth, seventh and 10th anniversary dates of the granting of the franchise. All such evaluation sessions shall be open to the public and announced in the official City newspaper of general circulation at least five days before each session.
B. 
Special evaluation sessions. Special evaluation sessions shall be held at any time, at the call of the Council or the grantee, during the term of the franchise, provided that both the Council and the grantee shall mutually agree on the time, the place and the topic to be evaluated. All such evaluation sessions shall be open to the public and announced in a newspaper of general circulation at least five days before each session.
C. 
Topics to be evaluated.
(1) 
The following topics shall be discussed at every scheduled evaluation session:
(a) 
Service rate structures;
(b) 
Free or discounted services;
(c) 
Application of new technologies;
(d) 
System performance;
(e) 
Services provided;
(f) 
Programming offered;
(g) 
Customer complaints;
(h) 
Privacy and human rights;
(i) 
Amendments to this chapter; and
(j) 
Judicial and FCC rulings.
(2) 
Topics in addition to those listed may be added if agreed upon by both parties. Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such petition bears the valid signatures of 50 or more qualified electors of the City, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session.
[1]
Editor’s Note: Former § 205-20, Cable Regulatory Commission, was repealed 9-4-2012 by Ord. No. 1324.
Neither the grantee nor any governmental bureau, department, unit, agency or entity at the federal, state, county or local level nor any other person or entity shall monitor, or arrange for the monitoring of, any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever, except with the permission of the subscriber or homeowner or as may be agreed upon between the grantee and the Council or its designee. This chapter shall not prevent the grantee from undertaking monitoring activities essential to the operation of the system, i.e., billing, nor shall it prevent the introduction or additional services agreed upon, i.e., two-way communications and security systems.
A. 
An owner or operator of an apartment building, condominium, nursing home, or any other rental facility may not interfere with or charge a fee for the installation of cable facilities for the use of a lessee of said property or premises, except that such owner or operator may require:
(1) 
Installation to conform to reasonable conditions necessary to protect the safety, appearance and functioning of the premises.
(2) 
The grantee, occupant, or tenant to pay for the installation, operation or removal of such facilities or the grantee, occupant or tenant to agree to indemnify the owner or operator for any damages caused by the installation, operation or removal of such facilities.
B. 
It shall be unlawful for the grantee to reimburse or offer to reimburse any person, or for any person to demand or receive reimbursement from the grantee, for the placement upon the premises of such person of the grantee's facilities necessary to connect such person's premises to the distribution lines of the grantee to provide cable television service to said premises.
C. 
A landlord may not discriminate in the amount of rent charged to tenants or occupants who receive cable services and to those who do not.
D. 
The grantee may not take actions which would diminish or interfere with the privilege of any tenant or other occupant of any such building to use or avail himself of master or individual antenna equipment.
A. 
A person who willfully or maliciously damages or causes to be damaged any wire, cable, conduit, apparatus or equipment of the grantee or who commits any act with intent to cause damage to any wire, cable, conduit, apparatus or equipment of the grantee or who taps, tampers with, or connects any wire or device to a wire, cable, conduit or equipment of the grantee with intent to obtain a signal or impulse from there without authorization of the grantee shall be subject to a forfeiture as determined by the appropriate court, but this chapter shall not prevent a public utility from removing, disconnecting or otherwise rendering inoperable any of grantee's apparatus or equipment attached or in any way connected to such public utility's facilities, if done for reasonable cause.
B. 
The grantee or its agent shall not, in an action for slander or for publishing a libel, be held liable in damages for or on account of any defamatory matter uttered, telecast, cablecast, or published over the facilities of the grantee by any person whose utterance, telecast, cablecast, or publication is not, under the provisions of any law of the United States or any regulation, ruling or order of the Federal Communications Commission, subject to censorship or control by the grantee.
Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.