This chapter shall be known and may be cited as the "Osceola Cable Television
Franchise Ordinance," hereinafter "franchise" or "ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
BASIC SERVICE
All subscriber services provided by the grantee in one or more service
tiers, which includes the delivery of local broadcast stations, and public,
educational and government access channels. Basic service does not include
optional program and satellite service tiers, a la carte services, per channel,
per program, or auxiliary services for which a separate charge is made. However,
grantee may include other satellite signals on the basic service tier.
CABLE SERVICE
A.
The transmission to subscribers of video programming or other programming
services; and
B.
Subscriber interaction, if any, that is required for the selection or
use of such video programming or other programming services.
CABLE SYSTEM or SYSTEM or CABLE TELEVISION SYSTEM
A facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed
to provide cable service which includes video programming and which is provided
to multiple subscribers within a community, but such term does not include:
A.
A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
B.
A facility that serves subscribers without using any public right-of-way;
C.
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of this Act, except that such facility shall
be considered a cable system [other than for purposes of Section 621(c)] to
the extent such facility is used in transmission of video programming directly
to subscribers; or
D.
Any facilities of any electric utility used solely for operating its
electric utility system.
CLASS IV CHANNEL
A signaling path provided by a cable communications system to transmit
signals of any type from a subscriber terminal to another point in the cable
communications system.
CONTROL or CONTROLLING INTEREST
Actual working control or ownership of a system in whatever manner
exercised. A rebuttable presumption of the existence of control or a controlling
interest shall arise from the ownership, directly or indirectly, by any person
or legal entity (except underwriters during the period in which they are offering
securities to the public) of 40% or more of a cable system or the franchise
under which the system is operated. A change in the control or controlling
interest of a legal entity which has control or a controlling interest in
a grantee shall constitute a change in the control or controlling interest
of the system under the same criteria. control or controlling interest as
used herein may be held simultaneously by more than one person or legal entity.
CONVERTER
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber, and by an
appropriate channel selector also permits a subscriber to view more than 12
channels delivered by the system at designated converter dial locations.
DWELLING UNIT
Any building or part of a building that is used as a home or residence.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
FRANCHISE
An initial authorization, or renewal thereof, issued by the Village,
as the franchising authority, to a grantee to construct or operate a cable
system.
FRANCHISE AGREEMENT
A contractual agreement entered into between the Village and any
grantee hereunder that is enforceable by the Village and by the grantee and
which sets forth the rights and obligations between the Village and the grantee
in connection with the franchise.
GRANTEE
A person or legal entity to whom or to which a franchise under this
chapter is granted by the Village, along with the lawful successors or assigns
of such person or entity.
GROSS REVENUES
All revenue collected by the grantee arising from or attributable
to the provision of cable service by the grantee within the Village, including,
but not limited to: periodic fees charged subscribers for any basic, optional,
premium, per-channel or per-program service; franchise fees; installation
and reconnection fees; leased channel fees; converter rentals and/or sales;
program guide revenues; late or administrative fees; upgrade, downgrade or
other change-in-service fees; local advertising revenues; revenues from home
shopping; revenues from the sale, exchange, use or cable cast of any programming
developed on the system for community or institutional use; provided, however,
that this shall not include any taxes on services furnished by the grantee
herein imposed directly upon any subscriber or user by the state, local or
other governmental unit and collected by the grantee on behalf of the governmental
unit.
INITIAL SERVICE AREA
All areas in the Village having a density of at least 40 dwelling
units per street mile.
INSTALLATION
The connection of the system from feeder cable to a subscriber's
terminal.
LOCAL ADVERTISING REVENUES
Local and regional advertising revenues derived from the sale of
locally and regionally inserted advertising, except such advertising sold
by or through grantee's national representative firm.
MONITORING
Observing a communications signal, or the absence of a signal, where
the observer is neither the subscriber nor the programmer, whether the signal
is observed by visual or electronic means, for any purpose whatsoever, provided
monitoring shall not include system-wide, nonindividually addressed sweeps
of the system for purposes of verifying system integrity, controlling return
paths transmissions, or verification of billing for premium or other services.
NORMAL BUSINESS HOURS
As applied to the grantee, those hours during which similar businesses
in the Village are open to serve customers. In all cases, Normal Business
Hours must include some evening hours at least one night per week and/or some
weekend hours.
NORMAL OPERATING CONDITIONS
Those service conditions that are within the control of the grantee.
Those conditions that are not within the control of the grantee include, but
are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the grantee include,
but are not limited to, special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
PERSON
Any natural person or any association, firm, partnership, joint-stock
company, limited liability company, joint venture, corporation, or other legally
recognized entity, private or public, whether for profit or not for profit.
SERVICE INTERRUPTION
The loss of either picture or sound or both for a single or multiple
subscriber(s).
STREET
The surface of and all rights-of-way and the space above and below
any public street, road, highway, freeway, lane, path, public way or place,
sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter
held by the Village for the purpose of public travel and shall include other
easements or rights-of-way as shall be now held or hereafter held by the Village
which shall, within their proper use and meaning, entitle the grantee to the
use thereof for the purposes of installing poles, wires, cable, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and pertinent to a cable television
system.
SUBSCRIBER
Any person(s), firm, grantee, corporation or other legal entity,
or association lawfully receiving any service provided by a grantee pursuant
to this chapter.
USER
A party utilizing a cable television system channel for purposes
of production or transmission of material to subscribers, as contrasted with
receipt thereof in a subscriber capacity.
VILLAGE
The Village of Osceola, Wisconsin.
Any franchise granted by the Village pursuant to W.S.A. s. 66.082 shall
grant to the grantee the right and privilege to erect, construct, operate
and maintain in, upon, along, across, above, over and under the streets now
in existence and as may be created or established during the term of the franchise
any poles, wires, cable, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation of a cable
system.
Any franchise is for the legally incorporated territorial limits of
the Village and for any area henceforth added thereto during the term of the
franchise.
Any franchise and the rights, privileges and authority granted under
this chapter shall take effect and be in force from and after final Village
approval thereof, as provided by law, and shall continue in force and effect
for a term of no longer than 15 years, provided that, within 45 days after
the date of final Village approval of the franchise, the grantee shall file
with the Village its unconditional acceptance of the franchise and promise
to comply with and abide by all its provisions, terms and conditions. Such
acceptance and promise shall be in writing duly executed. Such franchise shall
be nonexclusive and revocable.
No cable television system shall be allowed to operate or to occupy
or use the streets for system installation and maintenance purposes without
a franchise.
The Village shall have the right to install and maintain upon the poles
of the grantee at a charge equal to grantee's costs any wire or pole fixtures
that do not unreasonably interfere with the cable television system operations,
including future plans, of the grantee. The Village shall indemnify and hold
harmless the grantee from any claim that might arise due to or as a result
of the Village's use.
Costs to be borne by a grantee shall include any requirements or charges
incidental to the awarding or enforcing of its initial franchise but shall
not be limited to all costs of publications of notices prior to any public
meeting provided for pursuant to this chapter and any costs not covered by
application fees incurred by the Village in its study, preparation of proposal
documents, evaluation of all applications, and examinations of the applicant's
qualifications.
All notices from the grantee to the Village pursuant to any franchise
shall be to the Village Clerk. The grantee shall maintain with the Village,
throughout the term of the franchise, an address for service of notices by
mail. The grantee shall maintain a central office to address any issues relating
to operating under this cable television ordinance.
Minimum public notice of any public meeting relating to the franchise
shall be governed by the provisions of the State Open Meetings Law, and shall
be on at least one channel of the grantee's system between the hours of 7:00
p.m. and 9:00 p.m. for five consecutive days prior to the meeting.
The grantee shall provide cable television service throughout the entire
franchise area pursuant to the provisions of the franchise and shall keep
a record for at least three years of all requests for service received by
the grantee. This record shall be available for public inspection at the local
office of the grantee during regular office hours.
The grantee shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable the grantee to exercise its rights and perform its obligations
under the franchise and to assure uninterrupted service to each and all of
its customers; provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with the provisions hereof or applicable
state and federal laws, rules and regulations.
Copies of all petitions, applications, communications and reports submitted
by the grantee to the Federal Communications Commission, to the Securities
and Exchange Commission, or to any other federal or state regulatory commission
or agency having jurisdiction in respect to any matters affecting cable television
operations authorized pursuant to the franchise or received from such agencies
shall be provided to the Village upon request.
The grantee shall file annually with the Village no later than 120 days
after the end of the grantee's fiscal year a copy of a gross revenues statement
certified by an officer of the grantee.
At the expiration of the term for which the franchise is granted or
when any renewal is denied, or upon its termination as provided herein, the
grantee shall forthwith, upon written notice by the Village, remove at its
own expense all aerial portions of the cable television system from all streets
and public property within the Village within six months. If the grantee fails
to do so within six months, the Village may perform the work at the grantee's
expense. Upon such notice of removal, a bond shall be furnished by the grantee
in an amount sufficient to cover this expense.
Pursuant to the cable television Consumer Protection and Competition
Act of 1992, if the Village is currently certified to regulate the basic service
rates charged by grantee, it may, under these rules, require the grantee to
obtain approval from the Village for a rate increase for any change to the
rates for basic service. Should federal or state law permit further rate regulation
beyond basic service, the Village may, if certified, assume such rate regulation
and adopt appropriate procedures for such regulation.
Upon the foreclosure or other judicial sale of all or a substantial
part of the system, or upon the termination of any lease covering all or a
substantial part of the system, the grantee shall notify the Village of such
fact, and such notification shall be treated as a notification that a change
in control of the grantee has taken place, and the provisions of the franchise
governing the consent of the Village to such change in control of the grantee
shall apply.
Federal regulations as per 47 U.S.C. § 537 shall apply to
approval of transfer issues and the right of acquisition by the Village.
The Village shall have the right to cancel a franchise 120 days after
the appointment of a receiver or trustee to take over and conduct the business
of the grantee, unless such receivership or trusteeship shall have been vacated
prior to the expiration of 120 days, or unless:
A. Within 120 days after his/her election or appointment,
such receiver or trustee shall have fully complied with all the provisions
of this chapter and remedied all defaults thereunder; and
B. Such receiver or trustee, within the 120 days, shall
have executed an agreement, duly approved by the court having jurisdiction
in the premises, whereby such receiver or trustee assumes and agrees to be
bound by each and every provision of this chapter and the franchise granted
to the grantee.
For the violation of any of the following provisions of this chapter, damages shall be chargeable to the bond in §
98-13, letter of credit or corporate guarantee in lieu of bond, whichever applies, as follows, and the Village may determine the amount of the forfeiture for other violations that are not specified in a sum not to exceed $250 for each violation, with each day constituting a separate violation:
A. Failure to furnish, maintain or offer all cable services to any potential subscriber within the Village pursuant to §
98-20 herein upon order of the Village: $250 per day, per violation, for each day that such failure occurs or continues up to a maximum of $1,000;
B. Failure to obtain or file evidence of required insurance,
construction bond, performance bond, or other required financial security:
$250 per day, per violation, for each day such failure occurs or continues
up to a maximum of $1,000;
C. Failure to provide access to data, documents, records, or reports to the Village as required by §§
98-19,
98-29,
98-30,
98-31 and
98-37: $250 per day, per violation, for each day such failure occurs or continues up to a maximum of $1,000;
D. Failure to comply with applicable construction, operation,
or maintenance standards: $250 per day, per violation up to a maximum of $1,000;
E. Failure to comply with a rate decision or refund order:
$500 per day, per violation, for each day such a violation occurs or continues
up to a maximum of $1,000.
F. Any violations for noncompliance with the customer service standards of §§
98-23 through
98-25, the grantee shall pay $250 per day for each day, or part thereof, that such noncompliance continues up to a maximum of $1,000;
G. Any other violations of a franchise agreement to be determined
by the Grantor in a public hearing but not specifically noted in this section
shall not exceed $250 per day, per violation, up to a maximum of $1,000.
The grantee shall not be held in default under, or in noncompliance
with, the provisions of the franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, including termination, cancellation
or revocation of the franchise, where such noncompliance or alleged defaults
occurred or were caused by strike, riot, war, earthquake, flood, tidal wave,
severe weather conditions or other catastrophic act of nature, labor disputes,
inability to obtain necessary contract labor or materials, governmental, administrative
or judicial order or regulation or other event that is reasonably beyond the
grantee's ability to anticipate and control and that makes performance impossible.