This chapter shall be known and may be cited as the "Cable Television
Franchise Enabling Ordinance."
For the purpose of this chapter, the following terms, phrases and words
and their derivations shall have the meanings specified herein:
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or spectrum space
usage.
AFFILIATE
Any carrier or entity which owns or controls another carrier or utility
or is in direct or indirect common ownership or control with or is owned or
controlled by another carrier or entity.
AGC (AUTOMATIC GAIN CONTROL)
An electronic circuit which automatically increases or decreases,
within its design range, the gain of one or more amplifiers in order to maintain
a predetermined output level. It is one method of attaining ALC.
ALC (AUTOMATIC LEVEL CONTROL)
An electronic circuit which automatically increases or decreases
signal to maintain a predetermined value. AGC is one method of achieving ALC.
ANNUAL GROSS SUBSCRIBER REVENUES
All revenues received by the grantee in connection with the operation
of the cable television network in the city, and shall include revenues from
all sources. That portion of revenues, including copyright fees and program
and information acquisition charges, for which the grantee, its affiliates
or subsidiaries act only as collection and forwarding agents shall not be
subject to the franchise fee.
ASC (AUTOMATIC SLOPE CONTROL)
An electronic circuit that compensates for differing characteristics
in the cable and in amplifiers as they pass a wide range of channel frequencies
under a variety of outdoor temperature conditions.
BASIC SERVICE
That group of signals which offers the subscriber the lowest level
of participation, sometimes known as "first tier service."
BOARD
The Joint City of Hudson - Village of North Hudson Cable Television
Board.
BTN (BROADBAND TELECOMMUNICATIONS NETWORK)
Any network of cables, microwave and lightwave transmission equipment
and electrical or electronic apparatus, including cable televisions systems,
used for the purpose of transmission of impulses of television, radio, data
and other intelligences, either analog or digital, for sale or use by the
inhabitants of the city. For the purposes of this chapter, "cable television,"
"cable television network," "cable television service" and "cable television
system" shall be understood to have the same meaning as "broadband telecommunications
network" unless the context requires otherwise.
BTN CHANNEL CAPACITY
The greatest total number of standard television channels on which
separate programming may be delivered downstream simultaneously to every subscriber
in the network. The network may have additional capacity for either, or both,
downstream and upstream specialized or discreet purposes, provided that the
technical performance specified shall not be materially degraded thereby.
CABLE TELEVISION
A method of confining the transmission path of multiple television
channels and other broadband telecommunications network services by way of
a coaxial or fiber optic cable for delivery to subscriber terminals.
[Amended by Ord. No. 22-83]
CABLE TELEVISION CHANNEL
A frequency band six megahertz in width within which a standard television
broadcast signal is delivered to a subscriber terminal (except that Class
III and Class IV cable channels as defined by the Federal Communications Commission
may be either wider or narrower than this standard).
CHANNEL FREQUENCY RESPONSE
The relationship, within a cable television channel, as measured
at a subscriber terminal, between amplitude and frequency of a constant amplitude
signal that is concurrently being introduced at the head end at all specified
frequencies within each channel.
CITY
The City of Hudson, Wisconsin.
CLASS I CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to relay to
subscriber terminals television broadcast programs that are received off the
air or are obtained by lightwave, microwave or satellite or by direct connection
to a television station.
CLASS II CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to deliver
to subscriber terminals television signals that are intended for reception
by a television receiver without the use of any decoding device and which
signals are not involved in a broadcast transmission path.
CLASS III CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to deliver
to subscriber terminals signals that are intended for reception by equipment
other than a television broadcast receiver or by a television broadcast receiver
only when used with decoding equipment.
CLASS IV CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another point in the cable
television system.
COMMENCE OPERATION
Operation will be considered to have commenced when sufficient distribution
facilities have been installed and the grantee has offered full network services
to at least 25% of the dwelling units.
CONVERTER
An electronic device which changes the frequencies or channel numbers
of designated input signals and outputs them at a new frequency or channel
number.
COUNCIL
The Common Council of the City of Hudson.
DATA GRADE
Encoded transmissions primarily digital in nature.
DECIBEL (DB)
The standard unit for expressing the relative level of a signal in
the network above or below a power corresponding to a root mean square (RMS)
voltage of one millivolt (0.001 volt) across 75 ohms; also the relative level
of coherent and noncoherent interference signals within a channel compared
to the level of the desired signal in that same channel.
DECODER
An electronic device which restores information on one or more signals
to standard conditions for use by conventional subscriber receivers.
DISCRETE CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to transmit
signals of any type to specified subscriber terminals within the cable television
system.
DOWNSTREAM
The direction of transmission over the BTN from the head end or hub
or a local distribution center to subscriber terminals.
DUAL CABLE SYSTEM
A broadband telecommunications network design that includes duplication
of all trunk lines, distribution cables and associated electronic equipment
required to deliver cable television channels to subscriber terminals.
FRANCHISE PAYMENT
All charges imposed for a franchise, including one-time reimbursement
of costs incurred by the city in the award of the franchise.
FULL NETWORK SERVICE
All basic service, tiers of services and additional services offered
by the grantee.
GRANTEE
Coaxial Associates of St. Croix Limited Partnership and all persons
having any rights, duties or obligations under the franchise.
[Amended by Ord. No. 3-87]
HEAD END
The land, electronic processing equipment, antennas, tower, building
and other appurtenances located at the starting point of a broadband telecommunications
network.
HUB CONFIGURATION
A BTN design wherein all downstream transmission paths originate
from a single location and all upstream transmission paths return to this
same location.
INFORMATION SERVICE
Offering the capability of generating, acquiring, storing, transforming,
retrieving or utilizing information which may be conveyed via telecommunications.
LIGHTWAVE COMMUNICATIONS
The use of electromagnetic radiation wavelengths shorter than radio
waves, usually in the infrared or visible region but shall include ultraviolet
wavelengths, for the purpose of transmitting information such as audio, data
and television.
LIMITED SERVICE
A subscriber option allowing the subscriber to subscribe to less
than full network service.
LOCAL DISTRIBUTION CENTER
A facility remote from but connected to the hub which distributes
signals from the hub to a specified area in the BTN.
MICROWAVE
Those frequencies in the portion of the UHF (ultra high frequency)
band above one billion cycles per second (one gigahertz) and all of the SHF
(super high frequency) band which range from three to 30 gigahertz, in addition
to the EHF (extremely high frequency) band from 30 to 300 gigahertz.
MULTIHUB CONFIGURATION
A BTN design wherein multiple hubs are used to distribute BTN signals
to subscribers and where the hubs are all connected to one or more head ends
by coaxial cable, lightwave or microwave communication paths.
NETWORK NOISE
That combination of undesired and fluctuating disturbances which
degrade the reproduction of the desired signals and which are due to modulation
processes, nonlinear functions and thermal and other noise-producing effects.
Network noise is specified in terms of its RMS voltage or its mean power level
relative to each standard cable television channel.
OFFERING
The document entitled "Cable Communications Franchise Proposal" submitted
by the grantee in connection with the application for an award of a cable
television franchise provided for herein and that certain document dated August
29, 1986, entitled "Request For Information" and related written information
and documentation in response to the request for information signed by the
grantee, which documents are on file with the City Clerk of the City of Hudson.
[Amended by Ord. No. 3-87]
PERSON
An individual, partnership, association, joint-stock company, trust
or corporation.
PHYSICAL MILE OF PLANT
Messenger strand as measured from pole to pole without taking into
consideration sag or downguys and, for buried plant, actual trench feet.
RESALE
The reoffering, with or without adding value, by any person for a
profit of any telecommunications service obtained from a carrier.
RMS (ROOT MEAN SQUARE)
The effective value of an alternating current or voltage waveform
which would be numerically equal in energy to a constant direct current or
voltage.
SERVICE AREA
The geographical area within the corporate limits of the city, including
areas which the city may annex.
STREET
All streets, highways, alleys, sidewalks, easements or other public
ways in the city which have been or may hereafter be dedicated and open to
public use.
STUDIO
The land, electronic processing equipment, towers, building, cameras,
lights and other appurtenances normally associated with and located at the
grantee's local origination and/or public access points of a broadband
telecommunications network, excluding the head end.
SUBSCRIBER
Any person receiving basic service, limited service or additional
service from the grantee under the schedule of charges filed with and approved
by the city.
SUBSCRIBER TERMINAL
The broadband telecommunications network's 75 ohm cable terminal
to which the subscriber's equipment is connected.
SUBSTANTIALLY COMPLETED
The system will be considered substantially completed when sufficient
distribution facilities have been installed so as to permit the offering of
full network service to at least 90% of the dwelling units in the service
area to which access is legally and reasonably available.
TELECOMMUNICATIONS
The transfer of information by means of electromagnetic or optical
transmission in either the downstream or the upstream direction through any
portion of the BTN.
TERMINAL ISOLATION
The attenuation, at any subscriber terminal, between that terminal
and the nearest system source of signals to any other subscriber.
TIER
A group of signals, such as television channel and/or FM band signals,
for which a specific monthly charge is made. "Basic service" and "first tier
service" are sometimes used interchangeably. An additional tier of channels
will usually require the use of a converter connected between the subscriber
terminal and the television set or a coaxial switch to select signals from
one of a total of two or more cables.
UPSTREAM
The direction of transmission over the BTN from a subscriber terminal
toward the network's head end, hub or local distribution center.
VIDEO GRADE
Transmission primarily analog in nature, including the picture components
of a television broadcast.
VILLAGE
The Village of North Hudson.
VISUAL SIGNAL LEVEL
The RMS voltage produced by the visual signal during the transmission
of synchronizing pulses.
Applications for a franchise to serve the village and the city shall
be filed with the City Clerk's office and shall contain the following
written information and provisions:
A. Form fee. Each applicant shall pay a nonrefundable form
fee to the Board of $300, which shall be payable when the applicant requests
the necessary application forms.
B. Name and address of applicant. The name and business
address of the applicant, telephone number, date of application and signature
of the applicant or appropriate corporate officer(s).
C. Description of proposed operation. A general description
of the applicant's proposed operation, including but not limited to business
hours, operating staff, maintenance beyond that required in this chapter,
management and marketing staff complement and procedures and rules of operation
for public access.
D. Signal carriage. A statement of the television and radio
services to be provided, including off-the-air, interconnect, microwave relay,
satellite relay pay television programming and locally originated signals;
the proposed division of these channels into limited service, basic service
and additional services; and which will be contained in each of the tiers
or groups of services to be provided.
E. Special services. A statement setting forth a description
of the automated and/or microprocessor services proposed, as well as a description
of two-way or upstream services proposed and a description of production facilities
to be made available by the grantee for the public and educational access
channels required to be made available by provisions of this chapter and/or
the Federal Communications Commission.
F. Programming assistance. A statement establishing any
voluntary additional funding, facilities, equipment or personnel beyond those
required elsewhere to be designated to effect and promote local programming
development. It is understood that the foregoing will be made available to
all on a fair and nondiscriminatory basis and may be used by the grantee as
well. Such funding and services will be contingent upon a special showing,
where required, that the proposed uses are consistent with the cable television
regulatory program of the Federal Communications Commission.
G. Schedule of charges. A statement of the applicant's proposed schedule of charges as set forth by §
114-17 hereunder.
H. Corporate organization. A statement detailing the corporate
organization of the applicant, if any, including the names, addresses and
telephone numbers of its officers and directors and the number of shares held
by each officer and director.
I. Stockholders. A statement identifying the number of authorized
and outstanding shares of the applicant's stock, including a current
list of the names, current addresses and phone numbers of each of its shareholders
holding 5% or more of the applicant's outstanding stock.
J. Intracompany relationships. A statement describing all
intracompany relationships of the applicant, including parent, subsidiary
or affiliated companies.
K. Agreements and understandings. A statement setting forth
all agreements and understandings, whether written or oral, existing between
the applicant and any other person, firm, group or corporation with respect
to any franchise awarded hereunder and the conduct of the operation thereof
existing at the time of the proposal submittal.
L. Financial statement. If the applicant is an operating
business or recently formed subsidiary of an operating business, audited financial
statements for the two previous fiscal years of the business or parent organization,
as applicable. If the applicant is a business with less than two years'
operation, it shall submit a Dunn and Bradstreet Report. If the applicant
is a sole proprietorship, is shall submit copies of the United States individual
income tax return (IRS Form 1040) for the two previous fiscal years, along
with a notarized statement detailing assets, liabilities and net worth of
the applicant.
M. Financial projection. A ten-year operations pro forma
which shall include the initial and continuing plant investment, annual profit
and loss statements detailing income and expenses, annual balance sheets and
annual levels of subscriber penetration. Costs and revenues anticipated, if
any, for voluntary services shall, if presented, be incorporated in the pro
forma as required in this chapter but shall be separately identified in the
pro forma.
N. Financial support. Suitable written evidence from a recognized
financing institution, addressed both to the applicant and to the city, advising
that the applicant's financial ability and planned operation have been
analyzed by the institution and that the financing institution is prepared
to make the required funds available to the applicant if it is awarded a franchise.
If the planned operation is to be internally financed, a Board resolution
shall be supplied authorizing the obtainment and expenditure of such funds
as are required to construct, install and operate the cable television/broadband
telecommunications network contemplated hereunder.
O. Technical description. A technical description of the
type of system proposed by the applicant, including but not limited to system
configuration (i.e., hub, dual cable, shadow cable and trunk amplifier spacing),
system channel capacity and two-way capability.
P. Technical statement. A statement from the applicant's
senior technical staff member or consultant advising that the applicant's
planned network and operations meet the requirements of this chapter and the
technical standards and requirements of the Federal Communications Commission.
Q. Existing franchises. A statement of existing franchises
held by the applicant, indicating when the franchises were issued and when
the systems were constructed and the present state and the system in each
governmental unit, together with the name and address and phone number of
a responsible governmental official knowledgeable of the applicant and of
the system performance in each such case.
R. Convictions. A statement as to whether the applicant
or any of its officers or holders of 5% or more of its voting stock has in
the past 10 years been convicted of or has charges pending for any crime,
other than a routine traffic offense, and the disposition of each such case.
S. Operating experience. A statement detailing the prior
cable television experience of the applicant, including that of the applicant's
officers, management and staff to be associated with the proposed operation
in Hudson.
T. Extension policy. A statement detailing the applicant's
proposed policy relating to the extension of subscriber services to areas
not initially served and to areas subsequently annexed by the city.
U. Franchise renewal information. When an application is for renewal of a franchise, the proposal must include, in addition to the information required in Subsections
A through
T above:
(1) A summary of the technical, financial and programming
history of the network since the granting of the original franchise.
(2) A statement of timetable that outlines all proposed changes,
expansion or improvements in the system as to services, programming or technical
specifications during the forthcoming five-year period.
V. Additional requirements. The application for a franchise shall respond specifically, and in sequence, to Subsections
A through
T of this section, and the above responses shall be bound separately from any additional information preferred by the applicant. Twenty-five copies of the application shall be supplied to the city. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application but must be separately bound and submitted in the above number of copies. The city may, at its discretion, consider such additional information as part of the application.
W. Supplementation to application. The city reserves the
right to require such supplementary, additional or other information that
the city deems reasonably necessary for its determinations. Such modifications,
deletions, additions or amendments to the application shall be considered
only if specifically requested by the city.
The grantee shall provide, upon request, within the city one connection
and monthly service for basic service to such public, parochial and nonprofit
private schools, city buildings and agency locations as the city may hereafter
designate. The rates for this installation and monthly service shall be designated
by each applicant in its proposal. The city reserves the right, at its expense,
to extend service to as many areas within such schools, buildings and agencies
as it deems desirable without payment of any additional fee to the grantee.
All such extensions, however, shall be accomplished in such a way so as not
to interfere with the operation of the cable television broadband telecommunications
network.
The grantee shall assume the cost of publication of the franchise ordinance
as such publication is required by law. A bill for the publication costs shall
be presented to the grantee by the city upon the grantee's filing of
acceptance and shall be paid at that time.
Should any ordinance or part thereof be in conflict with the provisions
of this chapter, this chapter shall prevail insofar as it applies to each
cable television broadband telecommunications network.
[Amended by Ord. No. 22-83]
A. Security fund.
(1) Within 30 days after the effective date of this chapter,
the grantee shall deposit with the Finance Officer of the city and maintain
on deposit through the terms of the franchise the sum of $5,000 in cash.
(2) If the grantee fails to pay the city any compensation
within the time fixed herein or fails, after 20 days' notice, to pay
to the city any taxes due or unpaid or fails to repay to the city, within
20 days, any damages, costs or expenses which the city shall be compelled
to pay by reason of any act or default of the grantee in connection with this
chapter which the city reasonably determines can be remedied by an expenditure
of the security, the Finance Officer of the city may immediately withdraw
the amount thereof from the security fund. Upon such withdrawal, the Finance
Officer shall notify the grantee of the amount and date thereof, and the grantee
shall have 30 days in which to replace the amount withdrawn.
(3) The cash deposit furnished by the grantee pursuant hereto
shall become the property of the city if the franchise is revoked by reason
of a default of the grantee. The cash deposit shall be retained by the city
and returned to the grantee at the expiration of the franchise, provided that
there is no outstanding obligation on the part of the grantee to the city.
Any interest which accumulates on the cash deposit shall become the property
of the grantee as it accrues, and the grantee shall have the option of withdrawing
the interest or leaving it on deposit as the grantee deems necessary. The
City Clerk is to set up the account with the city and deposit the interest
in the grantee's account.
B. Penalties from security fund. In addition to recovery
of any moneys owed by the grantee to the city or damages or any other remedies
as a result of any acts or omissions by the grantee pursuant to this chapter,
the city may charge to and collect from the security fund the following penalties
for failure to:
(1) Comply with the terms of §
114-20 of this chapter. The penalty shall be $100 for each day such failure occurs or continues.
(2) Provide data, documents, reports or information in accordance with §
114-13 of this chapter. The penalty shall be $25 for each day such failure occurs or continues.
(3) Comply with any of the provisions of this chapter for
which a penalty is not otherwise specifically provided pursuant to the section.
The penalty shall be $25 for each day that such failure occurs or continues.
(4) Meet conditions set forth in city permits. The penalty
shall be $25 for each day such failure continues.
(5) Comply with construction, operation or maintenance standards
set forth in this chapter. The penalty shall be $100 for each day that such
failure occurs or continues.
(6) Provide the service the grantee has proposed, including
but not limited to the implementation and the utilization of the access channels
and the making available for use of the equipment and other facilities to
the public. The penalty shall be $100 for each day that such failure occurs
or continues.
This chapter is effective upon adoption of a similar ordinance by the
Village of North Hudson. To authorize, issue and regulate the joint cable
television franchise with the Village of North Hudson, the city may enter
into necessary agreements with the Village of North Hudson, under the authority
of W.S.A. s. 66.30.