For the purpose of this chapter, the following terms, phrases and words
and their derivations shall have the meaning specified herein. When not inconsistent
with the context, words used in the present tense include the future, and
words in the singular number include words in the plural number.
BASIC SERVICE
All subscribed services provided by the grantee, including the delivery
of broadcast signals and programming originated over the cable system, covered
by the regular monthly charge paid by all subscribers.
BOARD
The Village Board of the Village of Westfield and any legally appointed
or elected successor or agency.
COMMENCEMENT AND COMPLETION OF CONSTRUCTION
Within 30 days of the date of the award of this franchise, the grantee
must undertake the necessary steps to secure authorization to operate from
the appropriate governmental agencies regulating cable service. If authorization
to operate is not received within 12 months of the date of franchise, the
franchise may be cancelled at the option of the Village. The grantee shall
begin construction immediately upon receiving said authorization and shall
provide cable service to at least 100% of the franchise area within 18 months.
COMMUNITY ANTENNA TELEVISION AND AUDIO COMMUNICATIONS SYSTEM
Any network of cables and optical, electrical or electronic equipment,
including cable television systems, used for the purpose of transmission of
electrical impulses of television, radio and other intelligences, either analog
or digital, for sale or use by the inhabitants of the Village of Westfield.
GRANTEE
The party or parties to which a franchise under this chapter is granted
by the Board and its or their lawful successors and assigns.
GROSS REVENUES
Any and all compensation, in whatever form, exchange or otherwise,
derived from the provision of all cable services in the Village.
SUBSCRIBER
A recipient of cable television service.
VILLAGE
The Village of Westfield, its officers and employees, unless otherwise
specifically designated, the area within the territorial Village limits of
the Village and such territory presently outside the Village limits over which
the Village may assume jurisdiction or control by virtue of annexation.
Applications for a franchise hereunder shall be filed with the Village
Clerk-Treasurer or his appointee, in accordance with the filing instructions
promulgated by the Village, and shall contain the following written information
and provisions:
A. Filing fee. The sum as set by the Village Board shall
be paid at the time of an applicant's request for application information;
thereafter costs related to the application investigation to a maximum of
$225 shall be due and payable upon receipt of a statement rendered by the
Village.
B. Name and address of applicant. The name and business
address of the applicant, 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;
operating staff; maintenance and procedures beyond those required in the ordinance;
management and marketing staff complement and procedures; and, if available,
the rules of operation for public access.
D. Signal carriage. A statement of the television and radio
services to be provided, including both off-the-air and locally originated
signals.
E. Special services. A statement setting forth a description
of the automated services proposed as well as a description of the production
facilities to be made available by the grantee for the public, municipal and
educational channels required to be made available by the provisions of this
section and the FCC.
F. Programming assistance. A statement establishing any
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 available without charge 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 regulatory program
of the FCC.
G. Schedule of charges. A statement of the applicant's proposed rates and charges as set forth in §
231-14 hereunder.
H. Corporate organization. A statement detailing the corporate
organization of the applicant, if any, including the names and addresses 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 applicant stock, including a current list of the
names and current addresses of its shareholders holding 5% or more of the
applicant's outstanding stock.
J. Intra-company relationships. A statement describing all
intra-company 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 proposal submittal.
L. Financial statement. If the applicant is a going business
concern, an audited financial statement for the two previous fiscal years
shall be submitted. If the applicant is a new business entity, it shall submit
a Dunn and Bradstreet report.
M. Financial support. Suitable written evidence from a recognized
financial institution, addressed both to the applicant and the Village, 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 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 community antenna television and audio
communications system contemplated hereunder.
N. Technical description. A technical description of the
type of system proposed by the applicant, including but not limited to system
configuration (i.e., hub and dual cable), system capacity, and two-way capability.
O. Technical statement. A statement from the applicant's
senior technical staff member or consultant advising that he has reviewed
the network description, the network technical requirements, performance measurements,
channels to be provided, service standards, construction standards and conditions
of street occupancy as set forth in or required by this chapter and that the
applicant's planned network and operations thereof will meet all the requirements
set forth therein.
P. 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(s) of the system(s) in
each respective governmental unit, together with the name and address and
phone number of a responsible governmental official knowledgeable of the applicant.
Q. 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.
R. Franchise renewal information. If an application is for renewal of a franchise, the proposal must include, in addition to the information required in Subsections
A through
Q above:
(1) A summary of the technical, financial and programming
history of the network since the granting of the original franchise.
(2) A statement and timetable that outlines all proposed
changes, expansion or improvements in the system as to services, programming
or technical specifications during the forthcoming five-year review period.
S. Additional requirements. The application for franchise shall respond specifically, and in sequence, to Subsections
A through
R of this section and shall be bound separately from any additional information proffered by the applicant. 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 Village may, at its discretion, consider such additional information as part of the application.
T. Supplementation to application. The Village reserves
the right to require such supplementary, additional or other information that
the Village deems reasonably necessary for its determinations. Such modifications,
deletions, additions or amendments to the application shall be considered
only if specifically requested by the Village.
Bond evidence shall be filed with Village. Two copies of all bonds or
certified copies thereof and written evidence of payment of required premium
shall be filed and maintained with the Village President during the term of
any franchise granted hereunder, or any renewal thereof.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held illegal, invalid or unconstitutional or not to comply
with the standards and requirements of the FCC or violates its restrictions,
as determined by the decision of any court of competent jurisdiction or the
FCC, such decision shall not affect the validity of the remaining portions
thereof. The Village Board hereby declares that it would have passed this
chapter in each section, subsection, sentence, clause and phrase hereof irrespective
of the fact that any one or more sections, subsections, sentences, clauses
or phrases are declared illegal, invalid or unconstitutional or not to comply
with the requirements of the FCC or to be in violation of its restrictions.
The invalidity for violation of FCC restrictions or failure to comply with
its requirements of any portion of this chapter shall not abate, reduce or
otherwise affect any consideration or other obligation required of the grantee
of any franchise granted hereunder, and any such portion shall be subject
to renegotiation by the grantee and Village Board.