Any person who owns, leases, operates, controls, constructs
or maintains a video service or cable television service shall comply
at all times with the provisions herein when constructing, operating,
or maintaining a video service or cable television service in the
City. The provisions of §§ 66.0420, 66.0421, 66.0422
and 100.209, Wis. Stats., and the rules promulgated by the Wisconsin
Department of Agriculture, Trade and Consumer Protection under Ch.
ATCP 123, Wis. Adm. Code, and the Wisconsin Department of Financial
Institutions under § DFI-CCS 20, Wis. Adm. Code are hereby
incorporated as though fully set forth herein. The additional provisions
of this chapter supplement those provisions of the state statutes
and rules and constitute an expression of the City's home rule
authority.
Video service providers and cable operators are subject to the
police power of the City to adopt and enforce general ordinances necessary
to the safety, health, and welfare of the public. The grant of a statewide
video or cable franchise does not render or to any extent lose, waive,
impair or lessen the lawful powers and rights, now or hereafter vested
in the City under the Constitution and statutes of the State of Wisconsin
to regulate the use of streets and public ways or to regulate any
matter affecting the safety, health and welfare of the public. The
City shall make the video service provider's and cable operator's
history of compliance with such codes and ordinances available to
the Department of Financial Institutions so that the Department may
determine the provider's or operator's legal, financial,
and technical qualifications to provide video services.
For the purpose of this chapter, terms, phrases, words and their
derivations shall have the meaning given herein or the same meaning
as those terms are defined in § 66.0420(2), Wis. Stats.,
which is incorporated by reference as though fully set forth herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is mandatory and the word "may" is permissive. Words
not defined shall be given their common and ordinary meaning.
CITY
The City of Waterloo, State of Wisconsin, in its present
incorporated form or in any later recognized, consolidated, enlarged
or reincorporated form.
COMMON COUNCIL
The present governing body of the City or any future body
constituting the legislative body of the City.
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 City 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 City which shall, within their
proper use and meaning, entitle the video service provider or cable
operator to the use thereof for the purposes of installing, repairing
or maintaining poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments and other property
as may be ordinarily necessary and pertinent to a cable television
system or video service infrastructure.
Video service providers and cable operators shall comply with
all applicable City codes and ordinances, including any zoning ordinance
regarding height and use restrictions and shall pay any compensation
required by the City under § 66.0425, Wis. Stats., or, except
as provided in a regulation under § 182.017(1r), Wis. Stats.,
any permit fee, encroachment fee, degradation fee or any other fee,
for the occupation of or work within public rights-of-way. The City
may make the history of compliance with such codes and ordinances
available to the Department of Financial Institutions so that the
Department may determine the video service provider's or cable
operator's legal, financial, and technical qualifications to
provide video services.
The video service provider or cable operator shall construct,
install, operate, and maintain its system in a manner consistent with
all laws, ordinances, construction standards, governmental requirements,
and FCC technical standards and specifically as follows:
A. Permit required for work. The video service provider or cable operator
shall secure a permit from the City Engineer for any improvements
constructed in the public right-of-way in accordance with the City
Code. All construction must conform to all City policies and permit
requirements. Pursuant to state law, permit applications to use any
municipal right-of-way shall be deemed granted within 60 days if no
action is taken by the City, and the City shall provide the reason
for any denial to the video service provider or cable operator in
writing.
B. Construction and maintenance practices. Construction, installation,
and maintenance of the cable television system shall be performed
in an orderly and workmanlike manner. All working facilities and conditions
used during construction, installation and maintenance of the cable
television system shall comply with the standards of the Occupational
Safety and Health Administration.
C. Construction standards. All cables and wires shall be installed,
where possible, parallel with electric and telephone lines. Multiple
cable configurations shall be arranged in parallel, and bundled with
due respect for engineering considerations.
D. Road cuts. The video service provider or cable operator shall not use road cuts, trenchless or subsurface methods for laying of cables or wires without the prior written approval of the City. Said written approval shall be in the form of a permit issued by the City Engineer as referenced in Subsection
A above.
E. Compliance with applicable codes. The video service provider or cable
operator shall at all times comply with the applicable:
(1) National Electrical Safety Code (National Bureau of Standards);
(2) National Electrical Code (National Bureau of Underwriters);
(3) Applicable FCC or other federal, state, and local regulations.
F. Antennas. Any antenna structure used in the cable television system
or video service infrastructure shall comply with construction, marking,
and lighting of antenna structures, required by the United States
Department of Transportation.
G. Restoration to prior condition. In case of any disturbance of pavement,
sidewalk, landscaping, driveway or other surfacing, the video service
provider or cable operator shall, at its own cost and expense and
in a manner approved by the City Engineer, replace and restore all
paving, sidewalk, driveway, landscaping, and streets or alleys, including
any subbase which was disturbed, in as good condition as before the
work was commenced and in accordance with standards for such work
set by the City Engineer. The video service provider or cable operator
must provide erosion control, backfilling and compaction, and restoration
to meet City specifications. After 30 days, if restoration measures
are not performed to the reasonable satisfaction of the City Engineer,
the City may undertake remedial restoration activities, such activities
to be performed at the video service provider's or cable operator's
cost.
The provider shall not be relieved of any obligation by reason
of any failure of the City to enforce prompt compliance with any provision
of this chapter, the Wisconsin statutes, federal law, or any rules
or regulations.
Should any word, phrase, clause, sentence, paragraph or portion
of this chapter be declared to be invalid by a court of competent
jurisdiction, such adjudication shall not affect the validity of this
chapter as a whole, but shall only affect the portion thereof declared
to be invalid, and the Common Council hereby expressly states and
declares that it would nonetheless have passed this chapter and granted
the franchise had it known that any such word, phrase, clause, sentence,
paragraph or portion of said chapter or franchise was invalid.
The right is hereby reserved by the City to adopt, in addition
to the provisions contained in this chapter and existing applicable
ordinances, such additional regulations as it shall find necessary
in the exercise of its police powers. Such regulations, by ordinance
or otherwise, shall be reasonable and not be in conflict with the
rights granted in this chapter and not be in conflict with the laws
of the state.
Except as otherwise provided herein, any person violating or
failing to comply with any of the provisions of this chapter shall
be subject to a forfeiture, for each day of violation or failure to
comply, of not less than $300 nor more than $2,000.