[HISTORY: Adopted by the Harford County Council
by Bill No. 75-76;[1] amended in its entirety 8-5-2008 by Ord. No.
08-38. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Discriminatory employment practices — See Ch. 95.
[1]
Editor's Note: This legislation was included
as Ch. 6, Art. VII, of the 1978 Code.
The County Council is hereby authorized and
empowered to issue a franchise for the construction and operation
of a cable system as defined by this chapter and to regulate such
system consistent with the terms of this chapter and any other applicable
laws or regulations.
To the full extent permitted by federal law,
the County Council shall ensure that the same terms, conditions and
requirements are included under all franchises issued under this chapter
for the construction, maintenance, and operation of a cable system.
Except where, by the context, it is clear that
a different meaning is intended, the following words and expressions
shall have the following meanings:
Any video channel, which franchisee shall make available
to the granting authority without charge for noncommercial public,
educational, or governmental use for the transmission of video programming
as directed by the granting authority.
Any communications service other than the basic service that
the company provides or that persons not related to the company provide
over its system, including but not limited to data transmissions,
facsimile reproduction, meter reading, fire and burglar alarm services
and the like.
The person who files an application for the cable system
franchise to serve the County.
All written materials that are filed by or on
behalf of any applicant with the granting authority.
All oral representations that are made at any
public or private hearings that are conducted by the granting authority
or its duly authorized personnel.
Both the letter and intent of all such written
and oral presentations from the applicant.
The simultaneous delivery by the company to the television
receivers or any other suitable type of audio-video communications
receivers of all residential subscribers and to public or quasi-public
facilities or buildings, without charge to the County, of all signals
that are received from broadcast stations and carried consistent with
the Cable System Rules and Regulations of the FCC, the channels on
which the company originates the programming and the channels on which
the County, school system or members of the public originate programming.
The combination of voice, data, and video services offered
together as one, "bundled."
Shall mean the Cable Communications Policy Act of 1984, 47
U.S.C. §§ 521 et seq., as may be amended from time
to time.
Shall be defined herein as it is defined under Section 602
of the Communications Act, 47 U.S.C § 522(4), as may be
amended from time to time. "Channels" shall be classified as follows:
COMPANY CHANNELSThose channels that are reserved or are available for the carriage of programming that is originated by the company in accordance with the FCC's Rules.
COUNTY CHANNELSThose channels on the system which are used or are reserved for use by the County as it shall, in its discretion, determine.
EDUCATIONAL CHANNELSThose channels that are used or are reserved for use by the school system, public or private, in the County, including but not limited to colleges, universities and libraries.
PUBLIC CHANNELSThose channels that are used or are reserved for use by the public, either at no charge or upon the effectuation of a lease arrangement with the company.
ADDITIONAL CHANNELSThose channels not included in the above definitions.
The one-way video transmission of video or other programming
service to subscribers and any subscriber interaction provided in
connection with that service.
Shall be defined herein as it is defined under Section 602
of the Communications Act, 47 U.S.C. § 522(7), as may be
amended from time to time.
Means the legal or practical ability to exert actual working,
de facto or de jure control over the day-to-day policies, operations,
management or corporate affairs of the franchisee or applicant either
directly or indirectly, whether by contractual agreement, majority
ownership of an interest, any lesser ownership interest, or in any
other manner.
The County Executive.
The Federal Communications Commission as presently constituted
by the United States Congress, or any successor agency.
The grant of a nonexclusive right to construct, maintain
and operate a cable system, in the County.
Shall mean the agreement entered into in accordance with
the provisions of the Harford County Code between the granting authority
and a franchisee that sets forth the terms and conditions under which
the franchise will be exercised.
The person who is awarded a franchise by the Council to construct
and operate a cable system in accordance with the provisions of applicable
law within the County.
The County Council.
Only those revenues derived from the monthly service charge
fees paid by subscribers for regular cable television, including the
transmission of broadcast signals and access and origination channels,
if any, and premium or pay-television channels. As specified by the
Federal Communications Commission (FCC), "gross subscriber revenues"
shall not include any revenues derived from the provision of telephone
services or telephone-related services (including personal computing
and other online services) unless inclusion is expressly allowed or
required by federal law; reimbursement of expenses in the operation
of any access channels, advertising, leasing of cable channels, programs
for which per-channel or per-program charges are made; furnishing
other communications and nonbroadcast services, either directly or
as a carrier for another party; or any other income derived from the
system.
Observing a one-way communication signal or the absence of
a signal, where the observer is neither the subscriber nor the programmer,
when the signal is observed by visual or electronic means for any
purpose.
Means a cable system constructed to serve any subscribers
served by an existing cable system, including those parts of an existing
system scheduled by the incumbent cable operator to be constructed
and activated pursuant to a staging map already on file with the County.
Means any individual, corporation, partnership, association,
joint venture, or organization of any kind and the lawful trustee,
successor, assignee, transferee, or personal representative thereof.
The methods by which the granting authority will analyze,
evaluate, and otherwise premise its ultimate decision to grant or
deny any cable franchise application.
The surface, the air space above the surface, and the area
below the surface of any public street, road, highway, lane, court,
way, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park,
parkway, public waterway, public utility easement, public land, or
similar property used as public rights-of-way, as the same now or
may thereafter exist, which are under the jurisdiction, control, or
within the County, which, consistent with the purposes for which it
was dedicated, may be used for the purpose of installing and maintaining
the cable system. No reference herein to a "public right-of-way" shall
be deemed to be a representation or guarantee by the granting authority
that its interest or other right to control the use of such property
is sufficient to permit its use for such purposes and only those rights
to use as are properly in Harford County and as the granting authority
may have the right and power to give. Public rights-of way do not
include the airwaves above a right-of-way with regard to cellular
or other non-wire communications or broadcast services.
A purchaser of any service that the company delivers to an
individual dwelling unit, provided that such service is not utilized
in connection with a business, trade or profession.
Franchisee's investigation of a service interruption after
receiving a subscriber call and opening a trouble ticket, if required.
The action taken by the franchisee to correct a service interruption
the effect of which is limited to an individual subscriber.
The loss of picture or sound on one or more cable channels
or channel equivalents.
A significant outage of the cable service shall mean any
service interruption lasting at least 4 continuous hours that affects
at least 10 subscribers in the service area.
Installations where the subscriber is within 300 feet of
trunk or feeder lines.
A person who lawfully receives cable service of the cable
system, including, without limitation, a residential subscriber.
The specific cable system, as referred to above, that is
proposed to be or is ultimately constructed, operated and maintained
by the franchisee in the County.
An equipment or facility failure or service interruption
that results in the loss of satisfactory service on one or more channels.
A malfunction is a major malfunction if it affects 10 or more subscribers.
Observing two-way communication signal exchange, where the
observer is neither of the communicating parties, whether the communication
signal exchange is observed by visual or electronic means, for any
purpose whatsoever.
Any transaction in which:
Control of the franchise is transferred, whether
by a transfer, or a grant of ownership or other interest in franchisee,
directly or indirectly, from one person or group of persons to another
person or group of persons; or
The rights held by franchisee under this franchise
agreement are transferred or assigned to another person or group of
persons. Notwithstanding the above, a transfer shall not include:
transfer of an ownership or other interest in franchisee to the parent
of franchisee or to another affiliate of franchisee; transfer of an
interest in franchisee or the rights held by franchisee under this
agreement to the parent of franchisee or to another affiliate of franchisee;
or any action which is the result of a merger of the parent of franchisee
or another affiliate of franchisee (unless and to the extent such
merger would result in a combination of two wireline cable services
competitors in the service area.)
The sale or transfer, directly or indirectly, of an existing
or newly created equity interest in franchisee that does not result
in a transfer of control of the franchisee.
A.
The granting authority shall grant the company a nonexclusive
franchise to construct, erect, operate and maintain a cable system
in, upon, along, across, over and under the County-owned streets and
all extensions thereof and additions thereto and other places defined
and limited by this chapter.
B.
The franchise shall become effective on the date on
which the granting authority notifies the company that the franchise
has been awarded pursuant to this chapter and in conformance with
this Code. The franchise shall remain in effect for a period not to
exceed 15 years, unless sooner terminated as hereinafter provided.
The franchise shall be subject to renewal for a period not to exceed
15 years duration on the same terms or conditions as contained in
this chapter or on such different or additional terms and conditions
as may be lawfully specified by the granting authority and as are
consistent with the requirements of the Federal Communications Commission.
No renewal of such franchise shall be granted unless authorized by
the Council following an appropriate public proceeding involving public
notice and an opportunity for interested parties to participate, during
which proceeding the corporation's past performance, the adequacy
of the provisions of the expiring franchise and the consistency of
such provisions with applicable standards of the Federal Communications
Commission have been considered.
[Amended by Bill Nos. 13-46; 19-007]
C.
Nothing in this chapter or a grant of a franchise
shall be construed as a waiver of the County's right to require any
person, other than the company utilizing the system, to secure the
granting authority's consent prior to such utilization.
It shall be unlawful to operate a cable system
in the County without a franchise that has been awarded pursuant to
the terms and provisions of this chapter.
A.
Procedures in brief. The procedures for processing
all cable franchise applications, in brief, are as follows:
(1)
All applicants must file and deliver to the County
Council formal written applications, consistent with the County's
form for the same.
(2)
All applicants must attend any hearings or meetings
noticed by the granting authority and must respond to any questions
posed by the granting authority. Failure to attend such meetings can
result in the dismissal of any application.
(3)
The granting authority will render a final decision
on such cable franchise applications by legislative act within 90
days from the date the application is properly submitted by those
applicants already authorized to occupy rights-of-way within the franchise
area, or within 180 days from the date the application is properly
submitted by those applicants not authorized to occupy rights-of-way
within the franchise area, or under time frames which may be required
from time to time by the Federal Communications Commission Rules and
Regulations. No franchise agreement shall be considered granted until
the bill becomes law pursuant to Section 218 of the Charter.
(a)
Commencement of the time period. Calculation
of the start date for purposes of determining the time limits within
which the granting authority must reach a final decision shall be
determined from the date the applicant first files the written competitive
franchise application and all accompanying filing fees with the granting
authority. Should any dispute arise between the parties as to the
actual filing date, the burden shall remain with the applicant to
produce evidence that the application was properly filed.
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At their discretion, applicants may choose to
engage in either formal or informal franchise negotiations with the
granting authority before filing an application. These negotiations,
however, shall not trigger the commencement of the time period from
which to calculate the "final decision date" deadline. Only the date
when the written application and accompanying fees are filed with
and received by the granting authority shall be considered the determined
start date for calculating the requisite deadlines.
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(b)
Extension or tolling of the running of the time
limit. In the submission or presentation of written or oral materials
by the applicants for franchises pursuant to this chapter, time shall
be considered to be of the essence. The granting authority and applicant
may agree, in writing to extend the time period for purposes of further
negotiations or for minor amendments. The time period may also be
tolled unilaterally by the granting authority if the granting authority
has requested information relevant to the application process from
the applicant, either orally or in writing, and not received said
information within 15 days from the date the information was sought
following adequate notice of the request to the applicant. To prevent
applicants from delaying the granting authority's consideration, analysis
and action on applications, applicants will not be permitted to make
major amendments, that is, amendments to materially alter corporate
structure, the technical proposal or the program proposal of the application.
Any major amendment made to the original application shall constitute
a deficiency and result in the dismissal of the application thereby
requiring the applicant to complete and submit for consideration a
new application with the granting authority, with all attending filing
fees and exhibits.
A.
Generally. Provision is hereby made for the granting
authority to evaluate all applications for grant, renewal, modifications
or transfer of a franchise and to accept only qualified applicants
for the franchise. All applicants shall be advised that the County
expects the highest quality proposals. The application procedure shall
permit the applicants freedom and flexibility to propose a system
of outstanding quality. Applicants are required to make use of the
application form supplied by the County Council and must respond to
each of the questions appearing thereon. However, applicants shall
be permitted and urged to provide any additional materials not specifically
requested in the application form that the applicants deem pertinent
to the granting authority's consideration. The requirements of the
franchise are governed by the Federal Cable Act, as amended, the Rules
of the Federal Communications Commission, (i.e., 47 C.F.R. § 76.41),
applicable Maryland law, as well as requirements of the Harford County
Code. Subject to applicable federal, state and local laws, the granting
authority reserves the right to grant or deny a franchise based upon,
but not limited to:
(1)
Basic qualifications. The basic qualifications required
of each applicant are that it be legally, technically and financially
qualified to construct and operate a high-quality cable system in
the County. If the granting authority determines that any applicant
does not possess any or all of the basic qualifications, it reserves
the right to dismiss the application without consideration of its
programming and other attributes. In such event, the assumption is
that if an applicant is not legally, technically and financially qualified,
it is incapable of providing the programming and services that it
proposes. Definitions of the basic qualifications follow:
(a)
Legal qualifications. To be legally qualified,
an applicant must be a recognized legal entity. Its members, partners,
stockholders, officers, directors, associates, subsidiaries and parents
may not be felons or possess any business interests that are in violation
of the Communications Act of 1934, as amended, the FCC Rules and Regulations,
the laws of the state, this Code or any other applicable law.
(b)
Technical qualifications. Each applicant must
possess sufficient cable expertise, in the granting authority's judgment,
to enable the applicant to successfully fulfill its proposal, and
each applicant must set forth a technical proposal that, in the granting
authority's judgment, will function effectively.
(c)
Financial qualifications. All applicants must
demonstrate to the granting authority's satisfaction that they have
the capability of acquiring sufficient funds to construct and operate
the cable system on an economically viable basis. The granting authority
requires that each applicant have sufficient funds to effectuate its
proposals.
(d)
Capacity and commitment to meet local needs.
Each applicant must demonstrate, in detail, its capacity and commitment
to meet the present and future changing cable related community needs
and interests of Harford County, including assistance for the public
utilization of the cable system's capacity. The cable system is expected
to make a major contribution to the communications, educational and
entertainment needs of County residents; therefore, the basic value
of any cable application is the degree to which it demonstrates an
ability to meet those needs for the present and in the future. Each
applicant will describe the technical design of the system, including
such detail as may permit a proper evaluation of the proposal. The
description shall include but not be limited to two-way and switching
capability, terminal facilities, converters and present and future
channel capacity. Other elements which will be considered are the
applicant's proposals for expanding basic services, providing additional
services and establishing a two-way and broad-band communication network.
The applicant shall also state how many channels, what facilities
and what services shall be provided free of charge to the County,
the school systems and the public and which facilities and services
shall be at cost. Examples of the types of elements to be considered
in this criterion are the applicant's plans and proposals for the
construction and operation of an adequately equipped station, studio
or other suitable place for local program origination, public service
programming, staffing, commitments for assistance to educational and
community groups and other similar elements.
(e)
Operational planning. Each applicant must demonstrate
its managerial and organizational capacity to implement all of the
technical, program and other proposals that are embodied in its application.
Examples of elements to be considered are the proposed numbers and
classifications of technical, professional, management, office and
maintenance personnel, the technical and professional qualifications
of the applicant's management staff, the general corporate plan for
decisionmaking personnel, lines of authority, the relationship of
proposed staffing to the projected evolution of programming and system
procedures designed to assure attention and responsiveness to County
residents.
(f)
Configuration of the cable system. Each applicant
must demonstrate, in detail, the proposed configuration, design, capacity
and planned operation of the cable system. Said detail shall include,
but shall not be limited to the nature and physical configuration
of the system, services, and equipment; whether the franchisee will
provide services exclusively through their own facility or make arrangements
with other utilities or carriers; whether the franchisee must overbuild
any portion of the franchise area; the construction schedule and area
served; channel capacity; performance characteristics; headend and
access facilities; the quality of the technology of the system and
the technical standards of the system.
(g)
Rights-of-way. Each applicant must detail whether
or not rights-of-way can accommodate the cable system without disruption
or interference to public or private use and facilities; the effect
on current authorized users of the rights-of-way; and the applicant's
recent performance record of using public rights-of-way in providing
telecommunications services in other communities.
(h)
PEG services and institutional networks. Each
applicant must provide a statement detailing the method by which the
applicant intends to provide public, educational and governmental
(PEG) access channel(s) in conjunction with the cable service. The
description shall include, but shall not be limited to the number
of channels and services to be made available for PEG access and local
origination cable broadcasting; the schedule of charges for facilities
and staff assistance for PEG access cable broadcasting; the terms
and conditions under which particular service is to be provided to
governmental and educational entities; a schedule of rates in relation
to the services to be provided; and a description of any policy regarding
unusual services to be provided or unusual or difficult connection
of services.
(i)
Service standards. Each applicant must provide
a description of the services to be provided initially, including
all broadcast and non-broadcast signals to be carried and all non-television
services; and, if services will be offered by tiers, identification
of the signals and services to be included on each tier; and the proposed
rate structure, including charges for each service tier, installation,
converters and other equipment or services.
(j)
Construction standards and licensing. Each applicant
must provide a description of the construction standards; an estimate
of above-ground and below-ground mileage and its location; the proposed
construction schedule; a description, where appropriate, of how services
will be converted from existing facilities to new facilities; information
on the availability of space on poles and conduits, including, where
appropriate, an estimate of the cost of rearrangement of facilities
to accommodate such use; and sufficient evidence that applicant has
either obtained, or is in the process of obtaining, all appropriate
permitting, licenses and insurance for operating and maintaining a
cable service franchise in Harford County.
On the application due date, each applicant
for a franchise under this chapter shall be required to file a fee
of $5,000 payable to the County.
A.
Upon commencement of the operation of the cable system,
it shall be capable of transmitting those number of channels required
under the Federal Communications Commission Rules and Regulations
for delivery to its residential subscribers. Such services are to
be rendered to public or quasi-public facilities or buildings without
charge.
B.
The company shall construct and extend the installation of its system throughout the County or in the specified areas of the County for which a franchise is granted, in the manner and in accordance with the timetable set forth in the franchise. It shall commence construction no later than 1 year from the effective date of the franchise or within 1 year after final, legal resolution of any approvals or actions that may be required by the Federal Communications Commission or any other federal, state or local agency, whichever is later, and shall have completed or substantially completed construction within 5 years from the date on which construction is commenced. The franchisee shall accomplish significant construction within 1 year, as aforesaid, and shall equitably and reasonably extend energized trunk cable in accordance with the expansion schedule filed under § 235-16B each year thereafter in order to provide service to potential subscribers throughout the franchise area.
C.
The County shall have the right to inspect all construction
or installation work performed by the company in the streets and make
such inspections as the County deems necessary to ensure compliance
with the terms of its franchise and other pertinent provisions of
law.
D.
Within 60 days from the date of request by the County,
the company shall supply maps delineating the location of all of its
then-installed cables.
E.
No poles, underground conduits or other wire-holding
structures shall be erected by the company without prior approval
of the County or its duly authorized personnel or abutting property
owners where the County does not own the area in which such are to
be erected. To the extent possible, the company shall negotiate agreements
with the appropriate parties to permit it to utilize the existing
poles and underground conduits throughout the County. The company
shall be required to provide underground service in new areas where
service is not provided by an existing aerial plant and where other
utilities are required to provide underground service. Any poles,
underground conduits or other fixtures that the company is authorized
by the County to install must be placed in a manner to provide minimum
interference with the usual travel on the public streets and any existing
utility services.
F.
The company shall, on the request of any person holding
an appropriate building permit, temporarily raise or lower its wires
to permit such authorized construction. The expense of such temporary
removal or raising or lowering of cables shall be borne by the person
requesting the same, and the company shall have the authority to require
such payment in advance. The company shall be given not less than
72 hours advance notice to arrange for such temporary cable changes.
G.
In the event that the relocation, construction, reconstruction,
maintenance or repair by the County or public utility of its sewers,
water mains, storm drains or other public facilities requires the
company to remove, lower or raise its cables and related equipment,
the company shall do so at its own cost and expense.
H.
If the company shall fail, refuse or neglect to comply
promptly, upon 72 hours notice, the County may make such changes in
the company's cables at the company's cost, and the County shall not
be liable to the company for damages resulting from such removal,
alteration or relocation. All costs in connection therewith shall
be paid by the company within 30 days from the date of the invoice
therefor.
I.
All of the company's construction shall be conducted
in a manner that will cause minimum interference with the rights and
reasonable convenience of the property owners directly affected thereby.
The company shall maintain all structures, cables and related cable
equipment that are located in, over, under and upon the streets in
a safe, suitable, substantial condition and in good order and repair
at all times.
J.
All construction and installation by the company shall
be effectuated in a manner that is consistent with the Federal Communications
Commission Rules and Regulations, as to technical standards and otherwise.
K.
The company shall have the right to remove, trim,
cut and keep clear of its poles, cables, underground conduits and
related equipment the trees in and along the County-owned streets,
but in the exercise of such rights, the company shall not cut or otherwise
damage such trees to any greater extent than is reasonably necessary
for the erection, installation, maintenance and use of such cable
equipment. The company shall not trim, cut or remove such trees from
any County-owned street without providing written notice of its intention
to do so to the County or its authorized personnel.
B.
Within 60 days of receipt of a reasonable request
for service by any person who is located within the County areas then
serviced by the company, the company shall furnish cable service to
such person, provided that such extension of service is economically
and technically feasible and compensatory to the company.
C.
The initial base service of the company shall include
the following:
(1)
All television signals that are required by the Federal
Communications Commission.
(2)
Additional television signals as are authorized by
Federal Communications Commission Rules and Regulations and are compatible
with the channel capacity of the company's cable plant, as permitted
by the Federal Communications Commission upon request of the company
made pursuant to requests by the granting authority.
(3)
No less than 1 channel that is reserved for use by
the granting authority.
(4)
No less than 1 channel, called the "public channel,"
that is reserved for the use, on a nondiscriminatory and uncensored
basis, of any person residing within the County.
(5)
No less than 1 channel that is reserved for use by
the school system (the educational channel).
(6)
No less than 1 channel that is reserved for local
program originations of local, state and regional news, events and
public affairs.
(7)
Such other programming and services that the company
believes are in the public interest and in compliance with applicable
law.
D.
Based upon the granting authority's findings of public
need, which findings shall be predicated upon usage of the County,
public or educational channel for a period of 80% of the weekdays
for 80% of any consecutive 3-hour period for 6 consecutive weeks,
the company shall, within a period not to exceed 6 months, make an
additional channel available for use, for which the public need has
been demonstrated. No charge shall be made for any County, public,
educational or additional access channel as herein set forth.
E.
In the course of its operations, the company shall
undertake any new and additional construction or installations as
may be necessary to keep pace with the latest developments in the
state of the cable art.
F.
On the County and educational channels, the company
shall carry or cablecast such programming as is designated by the
County or its designated representative and the school system or its
designated representative, respectively.
G.
The company shall, without charge for installation,
maintenance or service, make installations of its cable television
facilities to all public or quasi-public buildings or facilities,
including but not limited to hospitals, public libraries, fire stations,
police stations, public or independent school buildings, colleges,
universities and similar institutions within the County within 300
feet, except the Harford Community College, which shall be within
1000 feet, of the service lines of its cable system. The company shall
make such installations to such institution not within 300 feet, except
the Harford Community College, which shall be within 1000 feet, of
its service lines upon request of such institution therefor at its
certified cost and shall continue service and maintenance thereafter
at no charge.
H.
During those daily time segments in which no signals
or programming are transmitted on any channel that is reserved by
the Federal Communications Commission Rules, this chapter or other
applicable law, the company may utilize such channels for any purpose
otherwise consistent with the provisions of this chapter.
I.
In the event of a public emergency, the company shall
comply with the emergency alert system ("EAS") requirements of the
FCC in order that emergency messages may be distributed over the system.
J.
In the operation of its system, the company shall
not interfere in any way with the right of any County resident to
utilize an individual antenna for the purpose of receiving television
and other signals off the air.
K.
At all times during its operation, the company shall
furnish to its subscribers the best possible signals that the state
of the art is capable of providing.
This section sets forth customer service standards
that a franchise must satisfy. In addition, the franchise shall at
all times satisfy any additional or stricter requirements established
by the Federal Communications Commission Regulations, or other federal,
state, or local law or regulation, as the same may be amended from
time to time. Nothing in this section may be construed to prevent
or prohibit the County from waiving, for good cause, requirements
established in this section.
A.
Telephone availability. A franchisee must maintain
in its franchise area a business office open during normal business
hours with a listed local telephone number and a sufficient number
of telephone lines to allow reasonable access by subscribers and members
of the public. When the business office is closed, the franchisee
shall maintain a toll-free number to receive all calls, complaints,
and inquiries from subscribers or residents in the franchise area
regarding cable service. The franchisee must hire sufficient franchisee
representatives trained and qualified to answer questions related
to cable service in the service area and who must be available to
receive reports of service interruptions 24 hours a day, 7 days a
week, and other inquiries at least 45 hours per week. Franchisee representatives
shall identify themselves by name when answering this number.
B.
Installations and service appointments. All installations
will be in accordance with FCC Rules, including but not limited to
appropriate grounding, connection of equipment to ensure reception
of cable service, and the provision of required consumer information
and literature to adequately inform the subscriber in the utilization
of franchisee-supplied equipment and cable service. A franchise agreement
must include procedures for the proper performance of service installations,
service appointments, scheduling of the same, and completion of service.
C.
Service interruptions and outages.
(1)
Notice of significant outage or interruption of repairs.
The franchisee shall notify the granting authority of any significant
outage of the cable service. Whenever it is necessary to shut off
or interrupt service for the purpose of making repairs, adjustments
or installations, the franchisee shall attempt to do so at such times
as shall cause the least amount of inconveniences to its customers,
and unless such interruption is unforeseen and immediately necessary,
it shall attempt to give reasonable notice thereof to its customers
and exercise the most commercially reasonable efforts to limit any
significant outage for the purpose of maintaining, repairing, or constructing
the cable system. Excepting emergency or other situations necessitating
a more expedited or alternative notification procedure, the franchisee
may schedule a significant outage for a period of more than 4 hours
during any 24 hour period only after the granting authority and each
affected subscriber in the service area have been given 15 days prior
notice of the proposed significant outage. Notwithstanding the forgoing,
the franchisee may perform modifications, repairs and upgrades to
the system between 12:01 a.m. and 6:00 a.m. which may interrupt service,
and this section's notice obligations respecting such possible interruptions
will be satisfied by notice provided to subscribers upon installation
and in the annual subscriber notice.
(2)
Personnel and equipment for system malfunctions. A
franchisee must have personnel and equipment available at all times
to locate and correct major system malfunctions. Major system malfunctions
must be corrected without delay. Corrective action must be completed
as promptly as possible.
(3)
A franchise agreement must include procedures to investigate
and resolve all complaints and inquiries regarding cable service,
including those regarding the quality of service, equipment malfunction,
response times, and credits to be issued subscribers in the event
of interruption or outage.
D.
Customer complaints. Franchisee, franchisee's agents
or employees must respond to and investigate subscriber complaints
relating to cable services referred from its subscribers or from the
granting authority and resolve said complaints in an efficient and
timely manner if at all technically or reasonably possible. The granting
authority may require reasonable documentation to be provided from
the franchisee to substantiate a request for additional time for the
franchisee to resolve the problem. Resolve shall mean that the franchisee
shall perform those actions, which, in the normal course of business,
are necessary to investigate the customer's complaint and advise the
customer of the results of that investigation.
(1)
A franchisee must maintain a complete record of service
complaints received and action taken. These records must be open to
the granting authority for inspection during the normal business hours.
A quarterly summary of such records must be submitted to the granting
authority by all franchisees or upon request by the granting authority.
Complaint records must be retained for 3 years.
E.
Rates, fees and charges. Franchisee shall not, except
to the extent permitted by law, impose any fee or charge for service
calls to a subscriber's premises to perform any repair or maintenance
work related to franchisee equipment necessary to receive cable service,
except where such problem is caused by a negligent or wrongful act
of the subscriber or by the failure of the subscriber to take reasonable
precautions to protect franchisee's equipment.
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A franchisee must also provide each subscriber,
at the time cable service is installed, written instructions for placing
a service call, filing a complaint, or requesting an adjustment. These
instructions must include the name, address, and telephone numbers
of the franchisee office designated to handle subscriber complaints.
Each subscriber must also be provided with a schedule of the subscriber's
rates and charges, a copy of the service contract, delinquent subscriber
disconnect and reconnect procedures, and a description of any other
relevant franchisee subscriber policies such as reasonable notice
to subscribers of the possible assessment of a late fee on bills.
The franchisee must provide to the granting authority a copy of all
forms describing customer service policies and procedures when they
are distributed to subscribers, and if possible, should provide these
forms to the granting authority before they are distributed. All forms
must be conspicuously posted in the franchisee's local business office.
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F.
Disconnection and denial of service.
(1)
Notice prior to termination. Franchisee shall not
terminate cable service for nonpayment of a delinquent account unless
franchisee mails a notice of the delinquency and impending termination
prior to the proposed final termination. The notice shall be mailed
to the subscriber to whom the cable service is billed. The notice
of delinquency and impending termination may be part of a billing
statement.
(2)
Service terminated in error. Cable service terminated
in error must be restored without charge within 24 hours of notice.
If a subscriber was billed for the period during which cable service
was terminated in error, a credit shall be issued to the subscriber
if the service interruption was reported by the subscriber.
(3)
Nothing in these standards shall limit the right of
franchisee to deny cable service for non-payment of previously provided
cable services, refusal to pay any required deposit, theft of cable
service, damage to franchisee's equipment, abusive or threatening
behavior toward franchisee's employees or representatives, or refusal
to provide credit history information or refusal to allow franchisee
to validate the identity, credit history and credit worthiness via
an external credit agency.
G.
Communications with subscribers. All franchisee personnel,
contractors and subcontractors contacting subscribers or potential
subscribers outside the office of franchisee shall wear a clearly
visible identification card bearing their name. Franchisee representatives
shall wear appropriate clothing while working at a subscriber's premises.
Every service vehicle of franchisee and its contractors or subcontractors
shall be clearly identified as such to the public. Specifically, franchisee
vehicles shall have franchisee's logo plainly visible. The vehicles
of those contractors and subcontractors working for franchisee shall
have the contractor's/subcontractor's name plus markings indicating
they are under contract to franchisee. All contact with a subscriber
or potential subscriber by a person representing the franchisee shall
be conducted in a courteous manner.
H.
Customer service center. So long as it continues to
operate the system, or any portion thereof in Harford County, franchisee
shall establish, maintain and hereby designate a conveniently located
office or customer service center in Harford County that shall be
open during normal business hours for the purpose of, but not limited
to receiving complaints, for receiving and responding to all service
calls and correct malfunctions as promptly as possible, as the place
where all franchisee subscribers in the franchise area are provided
convenient alternative means for bill payment, for persons to request
new service, and to provide for the pick up or drop off of equipment
by any one or more of (i) having a franchisee representative going
to the subscriber's premises, (ii) using a mailer, or (iii) establishing
a location(s) for the pick up and drop off of equipment.
The County Council shall establish by resolution
procedures for regulation of cable rates that are consistent with
those promulgated by the Federal Communications Commission for review
of basic cable rate and associated equipment rates.
A.
The company shall pay the County a franchise fee amount
as specified in the franchise agreement, or such other franchise fee
amount as may be determined from time to time by the Federal Communications
Commission. Should a like-kind fee payment be required by any state
agency charged with the regulation of cable television, the fee provided
for herein and the fee payable to such state agency, when added together,
shall not exceed the maximum amount permitted by applicable federal
law, rules or regulations. Such annual compensation shall be paid
on or before March 15 at the time of filing the annual financial report
for the preceding calendar year.
B.
No payments of the annual fee or other justifiable
charges that are made by the company to the County pursuant hereto
shall be considered in any manner as in the nature of a tax, but such
payment shall be made in addition to any taxes which are required
generally of commercial enterprises in the County.
C.
The annual fee schedules shall become operative upon
the effective date hereof and shall remain in effect during the terms
thereof, unless superseded by actions of federal, state or other regulatory
agencies.
D.
Late payments. Such payments shall be made no later than 30 days from March 15. Failure to pay a franchise fee payment that is due and payable within 60 days after receipt of notice from the granting authority shall subject the annual payment to interest charges from the due date at the annual interest then charged for unpaid federal income taxes. In addition, the franchisee will pay a late charge of 5% of the amount of the payment. Interest and late charges will not be imposed for any payment necessary as a result of the yearly adjustment provided for in Subsection E below, if the payment to correct the shortfall does not exceed 10% of the total payments made during the year. In the event such payment exceeds 10% of the total payments made during the year, the franchisee will be liable for interest and late charges for the entire amount due. The granting authority has discretion to waive the late payment penalty based on franchisee's good faith payment efforts or circumstances beyond franchisee's control.
E.
Corrections to payments omitted or submitted. Franchisee
shall be allowed to submit or correct any payments that were incorrectly
omitted, and shall receive a credit from the granting authority for
any payments that were incorrectly submitted, in connection with the
annual franchise fee remittances within 90 days following the close
of the payments in question.
F.
Supporting information. Each franchise fee payment
shall be accompanied by a verified report prepared by a representative
of franchisee showing the basis for the computation, including, but
not limited to, the gross revenue received by franchisee during the
period in question and the number of subscribers served by franchisee
in the franchise service area. Subject to any confidentiality requirements
of the franchisee, franchisee shall be responsible for making available
to the granting authority for inspection, copying and audit, all records
necessary to confirm the accurate payment of franchise fees, whether
the records are held by franchisee, an affiliate or any other entity
that collects or receives funds related to franchisee's operation
in Harford County subject to the payment of franchise fees under the
Code. Franchisee shall maintain such records for at least 3 years,
provided that, if the granting authority commences an audit within
that 3-year period, franchisee shall continue to maintain such records
for the duration of any audit in progress at the end of that 3-year
period.
G.
Periodic review and auditing. The granting authority
reserves the right to conduct a periodic review and audit during the
life of the franchise to ensure the proper calculation of franchise
fees and any payments made thereof, particularly when the franchise
has been transferred. Said review or audit shall be conducted at the
discretion of the granting authority, but never more frequently than
once annually. The granting authority shall conduct all audits expeditiously
and neither the granting authority nor the franchisee shall unreasonably
delay the completion of an audit.
(1)
Who bears the expense of an audit. The granting authority's audit expenses shall be borne by the granting authority unless the audit determines the payment to the granting authority should be increased by 5% or more in the audited period, in which case the reasonable and customary costs of the audit, together with any additional amounts due the granting authority as a result of such audit, shall be paid by the franchisee to the granting authority with its next franchise fee payment in accordance with Subsection A above, due after written notice to franchisee's by the granting authority of the underpayment, which notice shall include a copy of the audit report. If recomputation results in additional franchise fees to be paid to the granting authority, such amount shall be subject to interest charges computed from the due date, at an annual rate equal to the commercial prime interest rate of the granting authority's primary depository bank during the period such unpaid amount is owed. If the audit determines that there has been an overpayment by the franchisee, franchisee may credit any overpayment against its next payment under Subsection A above. No auditor employed by the granting authority shall be compensated on a success based formula, meaning, payment for services rendered by the auditor or any additional payments for services rendered by the auditor based upon a percentage of the finding by the auditor of an underpayment, if any.
H.
Limitation on franchise fee action. The period of
limitation for recovery of any franchise fee payable hereunder shall
be 3 years from the end of the fiscal year during which the franchise
fee payment was made.
I.
Bundled services. If franchisee bundles cable service
with non-cable service, the franchisee agrees that it will allocate
the discount associated with such bundle consistent with the portion
allocated in the franchisee's books and records kept in the regular
course of franchisee's business. If franchisee bundles cable services
with non-cable services, franchisee must not intentionally or unlawfully
allocate such revenue for the purpose of evading franchisee's franchise
fee payments under the franchise. Any tariffed telecommunication services
that cannot be discounted by state or federal law or regulation are
to be excluded from the bundled discounted allocation basis. If cable
services subject to the franchise fee required under this section
are provided to subscribers in conjunction with non-cable services,
to the extent it is practicable to do so, any discount resulting from
purchasing the services as a bundle shall be the value attributable
to cable services for purposes of franchise fee calculations.
J.
Termination of the franchise. When a franchise terminates
for any reason, the franchisee must file with the granting authority
within 90 days of the date of the franchise operations stop, an audited
financial statement showing the gross revenues received by the franchisee
since the end of the previous fiscal year. Adjustments made at that
time for franchise fees due to the date that the franchisee's operations
ceased.
A.
Any cable system constructed in Harford County must
meet or exceed the technical standards under applicable law. All television
signals transmitted on a cable system must include any closed captioning
information for the hearing impaired. Antennas, supporting structures,
and outside plant used in the cable system must comply with the recommendations
of the Electronics Industries Association and applicable federal and
local regulations on tower structures and outside plant.
B.
All construction, installation and maintenance must
comply with the National Electrical Safety Code, the National Electric
Code, the generally accepted pole line construction standards, all
state and local regulations, and accepted industry practices.
C.
The franchisee must perform at its expense proof of
performance tests designed to demonstrate compliance with the requirements
or applicable law at the stages of construction specified in the franchise
agreement. The franchisee must provide proof of performance test results
promptly to the granting authority.
D.
The granting authority may require proof of performance
tests to be performed at the expense of the franchisee after the completion
of construction. The franchisee must provide the test results promptly
to the granting authority.
E.
The franchisee must advise the granting authority
when a proof of performance test is scheduled so that the granting
authority may have an observer present.
A.
The company shall construct, operate and maintain
the system subject to the inspection of all of the authorities of
the County who may have or obtain jurisdiction in such matters and
in strict compliance with all laws, ordinances, departmental rules
and regulations affecting the system.
B.
The system and all parts thereof shall be subject
to the right of periodic inspection by the County's duly authorized
personnel.
C.
No construction, reconstruction or major change of
the system within the streets will be commenced until the company
has presented its written plans to the proper County officials and
the latter have approved the same. The County officials may impose
such conditions and regulations as are reasonably necessary for the
protection of the public and for the continuity of pedestrian and
vehicular traffic. The County shall promptly review the company's
plans, and, unless disapproved or altered for valid cause shown, within
90 days from the date of submission to the County, it shall be deemed
that approval has been granted.
D.
The granting authority may require that any portion
or all of the system should be reasonably improved or upgraded, including
but not limited to increasing channel capacity, providing improved
equipment and offering new services, and may order such improvement
or upgrading to be effected by the company within a reasonable time
thereafter, provided that the method of improving or upgrading is
readily available within the cable industry and can be financed under
the existing rate schedule.
A.
If the grades or lines of the streets which the County
has authority to use and occupy are changed at any time during the
terms hereof, the company shall, if necessary, relocate or change
the system to conform to such new grades or lines and will do so at
its own cost and expense.
B.
If the modification of water mains, sewerage or drainage
systems or other public utilities in the streets is required to permit
the company to construct, modify, maintain or operate its cable system,
such modifications shall be at the sole cost and expense of the company
and in conformance with County law, and all work performed by the
company pursuant hereto shall be done in the manner prescribed by
the County's duly authorized personnel.
A.
Annual financial reports shall be submitted to the
granting authority on the financial data forms required to be filed
with the Federal Communications Commission and are due on the same
date as required by the Federal Communications Commission.
B.
The company shall submit, at the same time as its
financial reports, an expansion schedule for the next 12 months, showing
its plans for extending service in its franchise area.
C.
The company shall also submit at this time a projection
of possible areas of expansion for the 12-month period subsequent
to the period covered by the expansion schedule.
D.
Within 10 days after the company and its affiliates
and subsidiaries have filed a report, petition or communication with
any governmental body pertaining directly and materially to any aspect
of the company's operations in the County, it shall file copy of such
document with the County.
E.
The company shall keep on file with the granting authority
a current list of all officers, directors and stockholders owning
5% or more of the company and its parents, subsidiaries or affiliates.
F.
With reasonable expedition, upon request of the granting
authority, the company shall submit any further information with regard
to the business of the company as the granting authority may reasonably
request.
A.
So long as it continues to operate the system or any
portion thereof in the County, the company shall maintain its principal
office in the County and hereby designates such office as the place
where all legal notices, directions, orders and requests may be served
or delivered on it pursuant to the terms of this chapter. The granting
authority shall be immediately notified of the location of such office
or any change thereof.
B.
The company shall keep complete and accurate books
of accounts and records of its business and operations in the County
and shall maintain those records at the company's office in the County.
C.
The granting authority and the County or its duly
authorized representatives shall have access to all of the records
described above. The company shall provide such access between the
hours of 9:00 a.m. and 5:00 p.m., upon receipt of 48 hours prior notice.
D.
Any false entry in the aforesaid records of the company
pertaining to a material and substantial fact that has been knowingly
made by the company shall constitute a violation of a material provision
of this chapter.
A.
The company shall at all times indemnify, protect
and save harmless the County and granting authority from all penalties,
damages or charges arising out of claims, suits or causes of action
or award of damages, whether compensatory or punitive, or expenses
arising therefrom, either at law or in equity, which might be claimed,
including any payments required by the Workmen's Compensation Law,
which may arise out of or be caused by the erection, location, maintenance,
repair, installation, replacement or removal of such cable television
system within the County or by any act of the company or its agents
or employees.
B.
Insurance.
(1)
The company shall, at its sole cost and expense, carry
insurance with an insurance company having an A.M. best financial
strength rating of A- or better and a financial size category of VII
or better, and in such form as approved by the County Attorney, of
not less than:
(2)
Such insurance shall protect the County or granting
authority from and against all claims, demands, actions, judgments
and liabilities which may arise or result, directly or indirectly,
from or by reason of such loss, injury or damages. All insurance required
hereby shall include the County or granting authority as an insured
party and remain in full force and effect for the entire period covered
by the franchise. A copy of such policy shall be delivered to the
granting authority at such time as the franchise takes effect and
each year thereafter during the continuance of the franchise. The
company shall also carry insurance to protect it from all claims that
may be applicable to it under the Workmen's Compensation Law in effect.
C.
Except for any liability which may accrue to the County,
granting authority or school system with regard to their programming
on any channel, the company shall indemnify and hold the County, granting
authority and school system harmless from all liability, damages,
cost or expenses, including reasonable attorney's fees, arising from
claims for injury to persons, including but not limited to slander
or libel action or damage to property caused by the negligent or willful
act of the company or its agents, servants or employees.
D.
At least 30 days prior to commencement of construction,
the company shall file with the granting authority and maintain on
file throughout the term of the franchise insurance policies providing
coverages specified above, issued by a company duly authorized to
do business in the state.
A.
Within 90 days after the granting of the franchise,
the franchisee shall deposit with the granting authority and maintain
on deposit throughout the term of its franchise the sum of $10,000
in cash as security for the faithful performance by it of all the
provisions of the law, the franchise agreement, and compliance with
all orders, permits and directions of the County, and the payment
by the company of any claims, liens and taxes due the County which
arise by reason of the construction, operation or maintenance of the
system. This sum shall be deposited by the granting authority in an
interest-bearing account. All such amounts of interest shall be paid
or credited to this account and shall be credited to and become the
property of the franchisee, but all accounts shall remain and become
a part of the total security fund for the term of the franchise.
B.
If a franchisee fails to pay the County any fees or taxes due, liquidated damages, damages, or costs or expenses incurred by the County be reason of any act or default of the franchisee, or if the franchisee fails to comply with any provision of the franchise agreement that the County reasonably determines can be remedied by an expenditure of the security fund, the County may, after 10 calendar days' notice to the franchisee, withdraw that amount with any interest or penalties from the security fund. Upon such withdrawal, the Cable Administrator shall notify the franchisee of the amount and date of the withdrawal. Within 30 days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to Subsection A or B of this section, the franchisee shall pay to or deposit with the granting authority a sum of money sufficient to restore such security fund to the original amount of $10,000.
C.
If the franchisee fails to restore the security fund
to the original amount within 30 calendar days, the entire security
fund remaining may be forfeited; and such failure may be considered
a material breach of this chapter and may be used as grounds for revocation
of the franchise.
D.
The cash deposit posted pursuant to Subsection A of this section shall become the property of the County in the event that the franchise is cancelled, terminated or revoked by the County. The cash deposit shall be retained by the County and returned to the franchisee at the expiration of the franchise or any renewal thereof, provided that there is then no outstanding default or unpaid amounts owed to the County by the franchisee.
E.
The rights reserved to the County with respect to
the security fund are in addition to all other rights of the County,
whether reserved by this chapter or authorized by any other law; and
no action, proceeding or exercise of a right with respect to such
security shall affect any other right the County may have.
A.
If a franchisee violates any provision of the law
or its franchise agreement, the granting authority may take one or
more of the following actions:
(1)
Impose liquidated damages in the amount, whether
per day, incident, or other measure of violation, as provided in the
franchise agreement. Payment of liquidated damages by the franchisee
will not relieve the franchisee of its obligation to meet the franchise
requirements;
(2)
Require the franchisee to pay its subscribers
or classes of subscribers in an amount and on a basis the granting
authority determines is necessary to cure the breach or default, or
equitable compensate for the violation; or revoke the franchise under
this chapter.
B.
In determining which remedy or remedies are appropriate under Subsection A, the granting authority must consider the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and any other matters the granting authority determines are appropriate.
C.
In addition to or instead of these remedies, the granting
authority may seek legal or equitable relief from any court of competent
jurisdiction.
D.
Before initiating a remedy under this section other
than revocation of the franchise, the granting authority must give
the franchisee written notice of the violations claimed and at least
30 working days to correct the violations.
A.
The company shall recognize the right of its employees
to bargain collectively through representatives of their own choosing
and at all times shall recognize and deal with the representatives
duly designated or selected by the majority of its employees for the
purpose of collective bargaining in respect to rates of pay, wages,
hours of employment or other conditions of employment and shall not
dominate, interfere with or participate in the management or control
of or give financial support to any union or association of its employees.
B.
The company shall 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.
A.
The company shall not deny service or access or otherwise
discriminate against subscribers, programmers or citizens of the County
on the basis of race, color, religion, nationality or sex. The company
shall comply at all times with all applicable federal, state and County
laws and all executive and administrative orders relating to nondiscrimination.
Nothing in this provision shall be construed to prohibit a reduction
or waiving of charges in conjunction with promotional campaigning
for the purpose of attracting subscribers, nor shall this provision
be interpreted to prohibit the establishing of a graduated scale of
charges and classified rate schedules to which any subscriber or programmer
included herein as particularly classified shall be entitled.
B.
Neither the company nor any other person shall tap
or arrange for the tapping of any cable, signal input device or subscriber
outlet or receiver for any purpose whatsoever.
C.
Neither the company nor any other person shall monitor
or arrange for the tapping of any cable, line, signal input device
or subscriber outlet or receiver for any purpose whatsoever without
the specific authorization of the granting authority expressed by
a resolution at a public hearing affording due process.
D.
The company and the County shall maintain constant
vigilance with regard to possible observances of the right of privacy
or other human rights of any subscriber, programmer or citizen of
the County, resulting from any device associated with the cable television
system. The possibility of such observances shall be discussed at
regular intervals, to be determined by the County, and at all rate-increase
hearings. Devices, such as electronic locks, scramblers, warning lights
and others, shall be provided by the company if such problems arise,
the technology becomes generally available and reasonable financial
arrangements can be negotiated by the company.
A.
As used in this section, "cable system," in addition
to its definition as provided in this chapter, shall include the provisions
of any other impulse or signal by a cable television company or other
service lawfully provided utilizing the facilities of the system as
well as the company and any other person or entity lawfully providing
any services whatsoever utilizing the facilities of the system.
B.
Any person who willfully or maliciously damages or
causes to be damaged any wire, cable, conduit, apparatus or equipment
of a cable television company operating a community antenna television
cable system or commits any act with intent to cause such damage or
who taps, tampers with or connects any wire or device to any wire,
cable, conduit, apparatus or equipment of a cable television company
with intent to obtain cable service without authorization or compensation
or to otherwise defraud shall be guilty of a misdemeanor.
C.
The existence of any of the conditions with preference to wires, cables, conduits, apparatus or equipment described in Subsection B is presumptive evidence that the person to whom a cable service is at the time being furnished has, with intent to obtain cable service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.
D.
The penalty for any person convicted under this section
shall be a fine of up to $500 or a jail term of up to 90 days, or
both.
Upon the threat of foreclosure or judicial sale
of all or a substantial part of the system or upon notification of
the termination of any lease covering all or a substantial part of
the system, the company shall immediately notify the granting authority
of such fact, and such notification shall be treated as a notification
that a change in control of the company may take place, and the provision
of this chapter governing the consent of the County to such change
in control of the company shall apply upon the happening of such event.
The granting authority shall have the right
to cancel the franchise 120 days after the appointment of a receiver
or trustee to take over and conduct the business of the company, whether
in receivership, reorganization, bankruptcy or other action or proceeding,
unless such receivership or trusteeship shall have been vacated prior
to the expiration of such 120 days or unless:
A.
Within 120 days after his election or appointment,
such receiver or trustee shall have fully complied with all the provisions
of this chapter and remedied all defaults thereunder; or
B.
Such receiver or trustee, within such 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 provision of this chapter.
A.
The franchise granted by the granting authority shall
be a privilege to be held for the benefit of the public. Franchisee's
right, title and interest in the franchise shall not be sold, assigned,
transferred, or otherwise encumbered, other than to an entity controlling,
controlled by, or under common control with the franchisee, either
by act of the franchisee or by operation of law, without the consent
of the granting authority, such consent to be determined by the County
Council to be in the best interest of the public. The granting, giving
or waiving of any 1 or more of such consents shall not render unnecessary
any subsequent consent.
B.
The company shall promptly notify the granting authority
of any actual or proposed change in, transfer of or acquisition by
any other party of control of the company. The word "control," as
used herein, includes actual working control in whatever manner exercised.
Every change, transfer or acquisition of control of the company shall
make the franchise subject to cancellation, unless and until the granting
authority shall have consented thereto. For the purpose of determining
whether it shall consent to such change, transfer or acquisition of
control, the granting authority may inquire into the qualifications
of the prospective controlling party, and the company shall assist
the granting authority in any such inquiry. If the granting authority
does not schedule a hearing on the matter within 60 days after notice
of the change or proposed change and the filing of a petition requesting
its consent, it shall be deemed to have consented. If the transferee
or assignee meets the basic qualifications described herein and agrees
to be bound by all the provisions hereof, such consent shall not be
unreasonably withheld. In the event that the granting authority adopts
a resolution denying its consent and such change, transfer or acquisition
of control has been effected, the granting authority may cancel the
franchise unless control of the company is restored to its status
prior to the change or to a status acceptable to the granting authority.
C.
Nothing in this section shall be deemed to prohibit
a mortgage or pledge of the franchise, system or any part thereof
for financing purposes, nor does it prohibit the same of the company's
stock publicly in compliance with applicable laws.
A.
Contracts with and payments by and between the company
and affiliates will be subject to complete disclosure to the granting
authority. For purposes of regulation, the granting authority reserves
the right to inquire into the actual cost of performing services which
may be purchased or contracted for from any affiliate.
B.
The company's ownership structure shall conform, at
all times, to the FCC's Rules and Regulations.
C.
The company's shall pay dividends only according to
state law.
A.
The granting authority shall have the right to cancel,
terminate or revoke the franchise if the company fails to comply with
any material and substantial provision of this chapter or any reasonable
order, direction or permit issued by any County agency pursuant to
such material and substantial provision or if the company fails to
comply reasonably with any provision of any order, direction or permit
issued by any County agency pursuant to any provision.
B.
A cancellation, termination or revocation of the franchise
shall be by legislation of the granting authority duly approved in
accordance with the following procedures:
(1)
Notice of violations and cure: Violations by the franchisee
shall be governed by this chapter. The granting authority shall notify
franchisee as soon as practicable of the alleged failure of compliance
and give the franchisee a reasonable opportunity to correct such failure
or to present facts and arguments in refutation of the alleged failure.
The granting authority may, by way of example, informally discuss
the matter with the franchisee. If these discussions do not lead to
resolution of the problem in a reasonable time, the granting authority
must notify franchisee in writing of the exact nature of the alleged
noncompliance (for the purpose of this section, the "non-compliance
notice"). The franchisee will have 30 days from receipt of the non-compliance
notice to: (i) respond to the granting authority, if franchisee contests
(in whole or in part) the assertion of noncompliance; (ii) cure such
non-compliance; or (iii) in the event that, by the nature of such
non-compliance, it cannot be cured within the 30-day period, initiate
reasonable steps to remedy such non-compliance and notify the granting
authority of the steps being taken and the projected date that they
will be completed, provided, however, that if such alleged noncompliance
creates a safety hazard placing members of the public in imminent
danger, the franchisee shall commence cure promptly after notice.
In the event that the franchisee fails to respond to the written notice,
or in the event that the alleged default is not remedied within 30
days or the date projected pursuant to Clause (iii) above, and if
the granting authority then concludes that there is a basis for cancellation,
termination, or revocation, it shall notify granting authority thereof
and may pursue any remedies available under applicable law.
(2)
Notice of revocation hearing: Should the granting
authority seek to revoke the franchise for violation of any material
term of the franchise agreement, it shall provide the franchisee with
notice in which the franchisee is given 90 days from the issuance
of the granting authority's notice to respond in writing and to state
its reasons for such objection. The granting authority shall cause
to be served upon the franchisee, at least 30 days prior to a public
hearing, a written notice specifying the time and place of such hearing
and stating its intent to revoke the franchise.
(3)
Rights of the parties during revocation hearing: At
the designated hearing the franchisee shall be provided a fair opportunity
for full participation, including the right to be represented by legal
counsel and to submit information for inclusion in the record. If
the granting authority determines that the franchise shall be revoked,
the granting authority shall promptly provide the franchisee with
written evidence of its decision. To the extent permitted by applicable
law, the franchisee may challenge such determination of the granting
authority to an appropriate court. Franchisee shall be entitled to
such relief as the court finds appropriate. The granting authority
may, at its sole discretion, take any lawful action which it deems
appropriate to enforce the granting authority's rights under the franchise
in lieu of revocation of the franchise, and, except as otherwise provided
in the franchise agreement or the Code, any action, proceeding or
exercise of a right by the granting authority shall not constitute
an election of remedies or a waiver of any other right the granting
authority may have, including the right to seek specific performance
of any provision which reasonably lends itself to such remedy as an
alternative to damages.
A.
All subscribers have the right to receive all available
cable services from the franchisee if their financial and other obligations
to the franchisee are satisfied.
B.
If the franchise is terminated or transferred, the
franchisee must do everything in its power to ensure that all subscribers
receive continuous, uninterrupted cable service. The franchisee must
cooperate with the granting authority to operate the system for a
transition period after termination or transfer as necessary to maintain
continuity of cable service for all subscribers. The transition period
must not exceed 12 months without the franchisee's written consent.
During the transition period, the cable system must be operated under
terms and conditions to which the granting authority and the franchisee
agree, or on such other terms and conditions that will continue, to
the extent possible, the same level of cable service to subscribers
and that will provide reasonable compensation to the cable operator.
C.
If the franchisee discontinues service to its subscribers
without granting authority approval, the franchisee may be terminated
immediately, and if the franchisee does not have other authority to
maintain and operate its facilities in the granting authority's public
rights-of-way, the granting authority may take possession of all facilities
and property, real and personal, related to the cable system for the
purpose of operating the system. The granting authority may undertake
such operation itself or authorize operation by a contractor.
A.
Matters which are in dispute hereunder, such as cancellation,
may be appealed by the injured party to an arbitration panel, which
shall consist of 3 members.
B.
The membership shall be 1 person named by the granting
authority and 1 person named by the company, with the third member
to be named by the company representative and the granting authority
representative acting jointly. If they fail to agree as to the third
member, either or both members shall apply to the American Arbitration
Association, and the latter shall name the third member. Absent majority
agreement to the contrary, the third appointee shall be the presiding
officer.
C.
Each party shall bear the expenses of its own representatives.
The expenses of the arbitration shall be borne as determined by the
arbitration panel in its award or finding, but in no event shall the
granting authority be obligated for more than one-half (1/2) of the
expenses.
D.
The determination of the majority of the 3-member
panel shall be binding on the parties.
The right is hereby reserved to the granting
authority to adopt, in addition to the provisions contained in this
chapter and in existing applicable ordinances, such additional regulations
as it shall find necessary in the exercise of the police power, provided
that such regulations, by ordinances or otherwise, shall be reasonable.
The granting authority may create 1 or more
citizens' advisory groups to assist the granting authority in carrying
out fully and effectually the responsibilities retained by the granting
authority to ensure performance, to regulate rates to the public,
to the maximum extent permitted by law and such other and further
duties and responsibilities as the granting authority may see fit
to grant.
Consistent with the requirements of the Federal
Communications Commission, any modification or amendment to the Rules
and Regulations thereof by the Federal Communications Commission shall,
to the extent applicable, be incorporated herein by specific amendments
within 1 year from the effective date of the Federal Communications
Commission's amendment or at the time of renewal of the franchise,
whichever occurs first.
Every direction, notice or order to be served
upon the company shall be sent to its office located in the County.
Every notice to be served upon the County or granting authority shall
be delivered or sent by certified mail. The delivery or mailing of
any such notice, direction or order shall be equivalent to direct
personal notice, direction or order and shall be deemed to have been
given at the time of delivery.
All the provisions of this chapter shall apply
to the company and its successors and assigns as such may be approved
by the granting authority in accordance with this chapter.
