This division shall be known and may be cited as the city cable television franchise ordinance.
(Ordinance adopted 3/19/02, sec. 1)
For the purpose of this division, the following terms, phrases, words and their derivations shall have the meaning given herein:
Each person who falls into one or more of the following categories: (i) each person having, directly or indirectly, a controlling interest in a grantee; (ii) each person in which the grantee has, directly or indirectly, a controlling interest; (iii) each person, directly or indirectly, controlling, controlled by, or under common control with a grantee; provided that “affiliate” shall in no event mean any creditor of a grantee solely by virtue of its status as a creditor and which is not otherwise an affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with a grantee.
The lowest priced cable service tier generally offered to the public by the grantee that includes the retransmission of local television broadcast stations, and public, educational and governmental access channels.
Title VI of the Communications Act of 1934, as amended.
A system of antennas, cables, wires, lines, towers, wave guides, or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video, and other forms of electronic, electrical or optical signals, which includes cable service and which is located in the city. The definition shall not include any such facility that serves or will serve only subscribers in multiple-unit dwellings, and which does not use city streets.
A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a video programming service.
Actual working control of a cable system in whatever manner exercised. Control or controlling interest as used herein may be held simultaneously by more than one person.
An electronic device that 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 signals delivered by the cable system at designated converter dial locations.
The Federal Communications Commission and any legally appointed, designated or elected governmental successor.
The initial authorization or renewal thereof, issued by the city, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, to construct and operate a cable system.
All of the present geographic area within the city, and shall include any additions thereto by annexation or other legal means.
A person to whom or which a franchise under this division is granted by the city, along with the lawful successors or assigns of such person.
Any and all revenue received by a grantee from the operation of the cable system to provide cable service to subscribers in the franchise area, including franchise fees collected from subscribers. For purposes of paying franchise fees, gross revenue does not include bad debt, returned check charges, retail sales, and unrecovered equipment replacement charges. Gross revenue includes an allocated portion of all revenue derived by a grantee from advertising, home shopping, or other similar cable services delivered over the cable system in the franchise area.
The connection of a cable system from feeder cable to subscribers’ terminals.
Is permissive.
As applied to a grantee, shall mean those hours during which similar businesses in the city are open to serve subscribers. In all cases, normal business hours shall include some evening hours at least one night per week and/or some weekend hours.
Those service conditions that are within the control of a grantee. Those conditions that are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of a 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.
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
The loss of either picture or sound or both for a single or multiple subscriber(s).
Is mandatory.
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 a 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 system.
Any person lawfully receiving cable service from the grantee.
A person utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
(Ordinance adopted 3/19/02, sec. 2)
Any franchise granted by the city shall grant to the grantee the right and privilege to erect, construct, operate and maintain in, upon, and along, across, above, over and under the streets in the franchise area now in existence, and as may be created or established during its terms, any poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation of a cable system.
(Ordinance adopted 3/19/02, sec. 3)
(a)
Upon adoption of any franchise and execution thereof by the grantee, the grantee agrees to be bound by all the terms and conditions contained herein, except as noted in the franchise.
(b)
Any grantee also agrees to provide all services specifically set forth in its application, if any, and by its acceptance of the franchise, the grantee specifically grants and agrees that its application is thereby incorporated by reference and made a part of the franchise. In the event of a conflict between such application and the provisions of this division, that provision which provides the greatest benefit to the city, in the opinion of the city, shall prevail.
(Ordinance adopted 3/19/02, sec. 4)
All franchises granted under this division will include both the right and the obligation to provide cable service within the present territorial limits of the city and for any area henceforth added thereto during the term of the franchise by annexation or other legal means, subject to the density restrictions set forth in this division.
(Ordinance adopted 3/19/02, sec. 5)
The franchise and the rights, privileges and authority granted shall take effect and be in force as set forth in the franchise and shall continue in force and effect for a term of no longer than twelve (12) years, provided that within sixty (60) days after the date of final passage of the franchise the grantee shall file with the city its acceptance of the franchise subject to applicable law and promise to comply with and abide by all its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed and sworn to by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths. Such franchise shall be non-exclusive and revocable according to the terms and provisions in this division.
(Ordinance adopted 3/19/02, sec. 6)
The city and all grantees shall conduct any proceedings that relate to the renewal of the grantee’s franchise in accordance with the provisions of section 626 of the Cable Act, unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision under federal or state law.
(Ordinance adopted 3/19/02, sec. 7)
(a)
Any franchise granted hereunder is subject to the lawful police power of the city to adopt and enforce ordinances of general applicability that are necessary to the safety and welfare of the public, and all grantees shall agree to comply with all applicable general laws and ordinances enacted by the city pursuant to such power.
(b)
In the event of a conflict between a franchise and this division or any other enabling ordinance, law or regulation in effect at the time of this division or adopted thereafter, the terms and conditions of the franchise shall be controlling. If the franchise is silent, this ordinance and/or any applicable federal and state statutes shall govern. The city may from time to time amend this division pursuant to its lawful police powers; provided, however, such amendments shall not serve to impair the contractual rights or increase the obligations of the grantee pursuant to the franchise.
(Ordinance adopted 3/19/02, sec. 8)
(a)
No cable system shall be allowed to occupy or use the streets of the city for cable system installation and maintenance purposes, or be allowed to operate, without a franchise granted pursuant to this division.
(b)
The city shall not authorize or permit any person to enter into the city’s streets for the purpose of constructing or operating a cable system or providing cable service to any part of the franchise area on terms or conditions more favorable or less burdensome to such person than those applied to other grantees operating pursuant to this division, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
(Ordinance adopted 3/19/02, sec. 9)
Subject to any applicable state or federal regulation or tariffs, the city shall have the right, during the life of the franchise, to install and maintain upon the poles of the grantee located in the public way, provided that:
(1)
Such use of any wire or pole fixtures by the city does not unreasonably interfere with a current or future use of the grantee;
(2)
The city shall indemnify and hold harmless the grantee from any and all claims, demands, costs, or liabilities of every kind and nature that might arise due to or as a result of the city’s use;
(3)
Such use by the city is restricted to municipal purposes;
(4)
The city does not use the poles for any purpose that is in competition with the grantee’s use; and
(5)
At the grantee’s sole discretion, the city may be required either to pay a reasonable rental fee or otherwise reasonably compensate the grantee for the use of such poles; provided, however, that the grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the franchise area.
(Ordinance adopted 3/19/02, sec. 10)
Costs to be borne by the grantee shall include any requirements or charges incidental to the awarding or enforcing of the initial franchise, including, but shall not be limited to, all costs of publications of notices prior to any public meeting provided for pursuant to this division, and any costs not covered by application fees incurred by the city in its study, preparation of proposal documents, evaluation of all applications, and examinations of the applicant’s qualifications. These costs do not apply to any grantee who already holds a franchise with the city.
(Ordinance adopted 3/19/02, sec. 11)
All notices from a grantee to the city pursuant to this division shall be to the city administrator’s office. Each grantee shall maintain with the city, throughout the term of its franchise, an address for service of notices by mail. Each grantee shall maintain a central office to address any issues relating to operating under this division.
(Ordinance adopted 3/19/02, sec. 12)
(a)
Unless otherwise set forth in the franchise, within thirty (30) days after the award of an initial franchise, the grantee shall deposit with the city either an irrevocable letter of credit from a financial institution or a security deposit in the amount of fifty thousand dollars ($50,000.00). The form and content of such letter of credit or security deposit shall be approved by the city attorney, such approval not to be unreasonably withheld. These instruments shall be used to insure the faithful performance of the grantee of all provisions of its franchise, and compliance with all orders, permits and directions of any agency, commission, board, department, division, or office of the city having jurisdiction over its acts or defaults under the franchise, and the payment by the grantee of any claims, liens, and taxes due the city which arise by reason of the construction, operation or maintenance of the cable system.
(b)
The letter of credit or security deposit shall be maintained at the amount established by the city for the entire term of the franchise, and shall be replenished within thirty (30) days if amounts have to be withdrawn.
(c)
If the grantee fails to pay to the city any compensation within the time fixed herein, or fails after fifteen (15) days’ written notice to pay to the city any taxes due and unpaid, or fails to repay the city within fifteen (15) days any damages, costs or expenses which the city is compelled to pay by reason of any act or default of the grantee in connection with the franchise, or fails, after thirty (30) days’ written notice of such failure by the city, to comply with any provision of the franchise which the city reasonably determines can be remedied by demand on the letter of credit or security deposit, the city may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit or security deposit. The grantee has the right to appeal such demand by the city to the city council, who shall hear the matter in a public meeting and allow the grantee to be heard and present evidence of compliance.
(d)
The rights reserved to the city with respect to the letter of credit are in addition to all other rights of the city, whether reserved by this division or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the city may have.
(e)
The letter of credit or security deposit shall be non-cancelable, except upon thirty (30) days’ prior written notice to the city.
(f)
If an existing letter of credit or security deposit is to be canceled, the grantee shall provide evidence of a replacement letter of credit or security deposit to the city fifteen (15) days prior to the cancellation date. Failure to provide evidence of replacement surety shall be construed as a default granting the city the right to call on the bank for the initial security deposit or letter of credit.
(g)
The city at any time during the term of this division may waive the grantee’s requirement to maintain a letter of credit or security deposit. The invitation to waive the requirement can be initiated by the city or the grantee.
(Ordinance adopted 3/19/02, sec. 13)
(a)
Unless otherwise set forth in the franchise, within thirty (30) days after the award of an initial franchise, the grantee shall file with the city a performance bond in the amount of not less than fifty (50) percent of costs to install the system contained in the new application in favor of the city. This bond shall be maintained throughout the construction period and until such time as determined by the city.
(b)
If the grantee fails to comply with any law, ordinance or resolution governing the franchise, or fails to well and truly observe, fulfill and perform each term and condition of the franchise as it relates to the conditions relative to the construction of the cable system, there shall be recoverable jointly and severally, from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee, plus a reasonable allowance for attorney’s fees, including the city’s legal staff and costs, up to the full amount of the bond. This section shall be an additional remedy to those outlined in section 4.07.043.
(c)
The city may, upon completion of construction of the cable system, waive or reduce the requirement of the grantee to maintain the bond. However, the city may require a performance bond to be posted by the grantee for any construction subsequent to the completion of the initial cable system, in a reasonable amount and upon such terms as determined by the city.
(d)
The bond shall be non-cancelable, except, upon thirty (30) days’ prior written notice to the city if an existing bond is to be canceled, the grantee shall provide evidence of a replacement bond to the city fifteen (15) days prior to the cancellation date. Failure to provide evidence of a replacement bond shall be construed as default granting the city the right to call in the bond.
(e)
The city at any time during the term of the franchise may waive a grantee’s requirement to maintain a performance bond. The invitation to waive the requirement can be initiated by the city or the grantee.
(Ordinance adopted 3/19/02, sec. 14)
(a)
A grantee shall maintain and by its acceptance of a franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance insuring the city (as additional insured) and the grantee in the minimum amount of:
(1)
One million dollars ($1,000,000.00) for property damage to any one person;
(2)
One million dollars ($1,000,000.00) for property damage in any one accident;
(3)
One million dollars ($1,000,000.00) for personal injury to any one person; and
(4)
One million dollars ($1,000,000.00) for personal injury in any one accident.
(b)
A certificate of insurance obtained by the grantee in compliance with this section shall be filed and maintained with the city during the term of the franchise.
(c)
Neither the provisions of this section nor any damages recovered by the city thereunder shall be construed to limit the liability of the grantee under any franchise issued hereunder or for damages.
(d)
Such coverage shall be non-cancelable, except upon thirty (30) days’ prior written notice to the city.
(Ordinance adopted 3/19/02, sec. 15)
(a)
Disclaimer of liability.
The city shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition or dismantling of a grantee’s cable system, except in circumstances where the injury or damage was caused by the negligence and/or willful misconduct of the city, or the negligence and/or willful misconduct of the city in conjunction with another person.
(b)
Indemnification required.
The grantee shall, at its sole cost and expense, indemnify and hold harmless the city, all associated, affiliated, allied and subsidiary entities of the city, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as “indemnities”), from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnities by reason of any act or omission of the grantee, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, which may arise out of the grantee’s construction, installation, operation, maintenance or condition of its cable system, its subcontractors or agents, or the grantee’s failure to comply with any federal, state or local statute, ordinance or regulation.
(c)
Assumption of risk.
The grantee undertakes and assumes for its officers, agents, contractors and employees, while in the course of performing cable system operations, all risk of dangerous conditions, if any, on or about any city owned or controlled property, including city streets and alleys.
(d)
Defense of indemnities.
In the event any action or proceeding shall be brought against the indemnities by reason of any matter for which the indemnities are indemnified hereunder, the grantee shall not admit liability in any such matter on behalf of the indemnities without the written consent of the city. The city must afford the grantee the opportunity to participate in and fully control any compromise, settlement, resolution or disposition of any claim or proceeding for which the grantee is providing indemnification. The city will also fully cooperate in the defense of any such claim and make available to the grantee all such information under its control relating thereto.
(e)
Notice cooperation and expenses.
The city shall give the grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. No recovery by the city of any sum under the letter of credit or security fund shall be a limitation upon the liability of the grantee to the city under the terms of this section, except that any sum so received by the city from the letter of credit or security fund shall be deducted from any recovery which the city might have against the grantee under the terms of this section.
(f)
Non-waiver of statutory limits.
Nothing in this division is intended to express or imply a waiver of the statutory provisions, of any kind or nature, as set forth in state statutes, including the limits of liability of the city as exists presently or may be increased from time to time by the legislature.
(Ordinance adopted 3/19/02, sec. 16)
(a)
A grantee shall not deny service, deny access, or otherwise discriminate against subscribers, users, or general citizens on the basis of race, color, religion, national origin, income or sex. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations and all executive and administrative orders relating to nondiscrimination.
(b)
The grantee shall strictly adhere to the equal employment opportunity requirements of the Federal Communications Commission, and applicable state and local regulations.
(c)
The grantee shall, at all times, comply with the privacy requirements of state and federal law.
(Ordinance adopted 3/19/02, sec. 17)
Minimum public notice of any public meeting relating to this division shall be made as prescribed by applicable state and local law.
(Ordinance adopted 3/19/02, sec. 18)
(a)
New construction timetable.
The requirements of this subsection (a) do not apply to any grantee who already holds a franchise with the city and has completed construction of its cable system.
(1)
Within two (2) years from the date of the award of the initial franchise, the grantee must make cable service available to every dwelling unit within the franchise area, subject to the density requirements of subsection (b)(1)(B) of this section.
(A)
The grantee must make cable service available to at least twenty (20) percent of the dwelling units within the franchise area within six (6) months from the date of the award of the franchise.
(B)
The grantee must make cable service available to at least fifty (50) percent of the dwelling units within the franchise area within one (1) year from the date of the award of the franchise.
(2)
The grantee, in its application, if any, may propose a timetable of construction which will make cable service available in the franchise area sooner than the above minimum requirements, in which case said schedule will be made part of the franchise, and will be binding upon the grantee.
(3)
Any delay beyond the terms of this timetable, unless specifically approved by the city, will be considered a violation of the franchise for which the provisions of section 4.07.065 shall apply, as determined by the city.
(4)
In special circumstances the city can waive one hundred (100) percent completion within the two (2) year time frame provided substantial completion is accomplished within the allotted time frame, substantial completion construed to be not less than ninety-five (95) percent, and justification for less than one hundred (100) percent must be submitted subject to the satisfaction of the city.
(b)
Line extensions.
(1)
Generally.
A grantee shall only be required to construct and extend its cable system pursuant to the following requirements:
(A)
No subscriber shall be refused service arbitrarily. To expedite the process of extending the cable system into a new subdivision, the city will forward to the grantee an approved engineering plan of each project. Subject to the density requirements set forth below, the grantee shall commence the design and construction process upon receipt of the final engineering plan. Upon notification from the city that the first home in the project has been approved for building permit, the grantee shall have a maximum of three (3) months to complete the construction/activation process within the project phase.
(B)
The grantee must extend and make cable service available to all areas having at least ten (10) dwelling units per 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, as measured from the existing cable system.
(C)
The grantee must extend and make cable television service available to any residence in the franchise area requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard one hundred twenty-five (125) foot drop line. For connections greater than one hundred twenty-five (125) feet, the grantee may charge the potential subscriber the appropriate published non-standard installation fee.
(2)
Early extension.
In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of a potential subscriber desiring cable service, an estimate of the costs required to extend cable service to the subscriber. The grantee shall then extend cable service upon request of the potential subscriber. The grantee may require advance payment or assurance of payment satisfactory to the grantee. The amount paid by subscribers for early extensions shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.
(c)
Nothing herein shall be construed to require a grantee to extend its cable system into an area annexed into the franchise area that is currently served by another grantee.
(d)
The grantee, in its application, may propose a line extension policy that will result in serving more residents of the city than as required above, in which case the grantee’s policy will be incorporated into the franchise, and will be binding on the grantee.
(Ordinance adopted 3/19/02, sec. 19)
(a)
Compliance with construction and technical standards.
The grantee shall construct, install, operate and maintain its cable system in a manner consistent with all FCC technical standards. In addition, the grantee shall provide the city, upon written request, with a written report of the results of the grantee’s most recently conducted semiannual proof of performance tests conducted pursuant to FCC standards and requirements.
(b)
Additional specifications.
(1)
Construction, installation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. 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.
(2)
A grantee shall at all times comply with:
(3)
In any event, the cable system shall not endanger or interfere with the safety of persons or property in the franchise area.
(4)
Any antenna structure used in the cable system shall comply with construction, marking, and lighting of antenna structures required by the United States Department of Transportation.
(5)
All working facilities and conditions used during construction, installation and maintenance of the cable system shall comply with the standards of the Occupational Safety and Health Administration.
(6)
In all areas of the city where the cables, wires, and other like facilities of all public utilities are placed underground, the grantee shall place its cables, wires, or other like facilities underground.
(7)
Upon receiving reasonable advance notice from the city, the grantee shall remove any abandoned portion of the cable system that poses a safety or health hazard in the opinion of the city.
(Ordinance adopted 3/19/02, sec. 20)
(a)
Interference with persons and improvements.
The grantee’s cable system shall be located, erected and maintained so that none of its facilities shall endanger or unreasonably interfere with the lives of persons or unreasonably interfere with the rights or reasonable convenience of property owners who adjoin any of the streets, or interfere with any improvements the city may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets or public property.
(b)
Restoration to prior condition.
In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing by the grantee, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street disturbed, in as good condition as immediately before the work was commenced and in accordance with any generally applicable ordinances of the city. Approval by the city shall not be unreasonably withheld.
(c)
Erection, removal and common use of poles.
(1)
No poles or other wire-holding structures shall be erected by the grantee without prior approval of the city with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
(2)
Where poles or other wire-holding structures already existing for use in serving the city are available for use by the grantee, but it does not make arrangements for such use, the city may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable. For purposes of this section, the city shall consider the terms of use to be just and reasonable only if they are comparable to established state and/or federal standards.
(3)
In the absence of any governing federal or state statute, where the city or a public utility serving the city desires to make use of the poles or other wire-holding structures of the grantee, but agreement thereof with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations. For purposes of this section, just and reasonable terms of use shall be those comparable to established state and/or federal standards.
(d)
Relocation of facilities.
If at any time during the period of this franchise the city shall lawfully elect to alter or change the grade of any street, the grantee, upon reasonable written notice by the city, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense unless the utilities are compensated, in which case the grantee shall be similarly compensated.
(e)
Cooperation with building movers.
The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than five (5) business days’ advance written notice to arrange for such temporary wire changes.
(f)
Tree trimming.
The grantee shall comply with any generally applicable ordinances of the city related to the trimming of trees and other shrubbery in or overhanging the streets or public property.
(Ordinance adopted 3/19/02, sec. 21)
(a)
The grantee shall put, keep and maintain all parts of the cable system in good condition throughout the entire franchise period.
(b)
Upon the reasonable request for cable service by any person located within the franchise area, the grantee shall, within thirty (30) days, furnish the requested service to such person subject to the line extension policy set forth in section 4.07.049(b)(1)(B) of this division, and payment of any reasonable deposits and advance fees required by the grantee.
(c)
The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use.
(d)
The grantee shall not allow its cable or other operations to interfere with television reception of subscribers or persons not served by the grantee, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents within the confines of the city nor shall other utilities interfere with the grantee’s system.
(e)
The grantee shall maintain a local, toll-free, or collect call telephone access line that will be available to subscribers 24 hours per day and seven days per week. Trained representatives of the grantee will be available to respond to subscriber telephone inquiries during normal business hours, as defined herein. After normal business hours, an access line will be available to be answered by an answering service or automated response system, including a phone answering system. Inquiries received after normal business hours must be responded to by a trained representative of the grantee on the next business day.
(f)
Under normal operating conditions, telephone answer time, including wait time, shall not exceed 30 seconds from when the connection is made. If the call needs to be transferred, transfer time will not exceed 30 seconds. These standards shall be met no less than 90% of the time under normal operating conditions, as measured on a quarterly basis.
(g)
Under normal operating conditions, the subscriber will receive a busy signal less than 3% of the time. This standard shall be met no less than 90% of the time as measured on a quarterly basis.
(h)
Standard installations will be performed within seven business days after an order has been placed. A standard installation is one that is within 125 feet of the existing distribution system. Underground drops shall be buried at the time of installation if possible. Under no circumstances shall underground drops remain unburied for more than fifteen (15) business days, unless there are circumstances beyond the grantee’s control.
(i)
Excluding those situations outside of normal operating conditions, the grantee will respond to any service interruption promptly and in no event later than 24 hours from the time the interruption becomes known to the grantee. All other regular service requests will be responded to within 48 hours during the normal business hours for the cable system under normal operating conditions. The appointment window alternatives for installations, service calls and other installation activities will not exceed a four-hour “window” during normal business hours for the cable system, or at a time that is mutually acceptable. The grantee may schedule supplemental hours during which appointments can be scheduled based on the needs of the community. If at any time an installer or technician is running late, an attempt to contact the subscriber will be made and the appointment rescheduled as necessary at a time that is convenient to the subscriber.
(j)
Customer service centers and bill payment requirements, if any, may be outlined in the franchise agreement.
(k)
For service interruptions and/or outages of over two (2) hours, the grantee shall provide, at the subscriber’s request, a prorated credit of the affected cable service.
(m)
Bills will be clear, concise and understandable, with all cable services itemized.
(n)
Credits will be issued promptly, but no later than the subscriber’s next billing cycle following the resolution of the request and the return of the equipment supplied by the grantee if cable service has been terminated.
(o)
Subscribers will be notified a minimum of thirty (30) days in advance of any rate or programming channel change, provided that the change is within the control of the grantee.
(p)
The grantee shall maintain and operate its cable system in accordance with the rules and regulations as are incorporated herein or may be lawfully promulgated by the Federal Communications Commission, the United States Congress, or the state.
(q)
The grantee shall keep a monthly service log which will indicate the nature of each subscriber contact made in the last twelve (12) months which results in a service call, the date and time it was received, the disposition of said service call, and the time and date thereof. This log shall be made available for periodic inspection by the city, pursuant to section 4.07.058 of this division and subscriber privacy rights under section 631 of the Cable Act.
(r)
All personnel of the grantee contacting subscribers or potential subscribers outside the office of the grantee must be clearly identified as associated with the grantee.
(s)
The grantee shall not terminate cable service for nonpayment of a delinquent account unless the grantee provides initial notice of the delinquency and impending termination at least ten (10) days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the subscriber to whom the service is billed. This notice shall not be sent until the twenty-eighth (28th) day after the initial bill for service was mailed to the subscriber. The notice of delinquency and impending termination may be part of a billing statement. This section does not apply to subscribers disconnected due to NSF checks.
(t)
Refund checks shall be issued within thirty (30) days following the subscriber’s request or thirty (30) days following the return of the grantee’s equipment by the subscriber, whichever is later.
(Ordinance adopted 3/19/02, sec. 22)
(a)
It shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to the grantee are honored. This does not require the grantee to provide service to subscribers who are abusive to the employee of the grantee. If the grantee elects to overbuild, rebuild, modify or sell the cable system, or the city gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted cable service regardless of the circumstances. For purposes of this section, “continuous and uninterrupted” does not include service interruptions and outages of cable service experienced by subscribers during the regular course of business.
(b)
If there is a change of franchise, or if a new operator acquires the cable system, the grantee shall cooperate with the city, new franchisee or operator in maintaining continuity of cable service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the cable system, and shall be entitled to reasonable costs for its services until it no longer operates the cable system.
(c)
If the grantee fails to operate the cable system for thirty (30) consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the cable system or designate an operator until such time as the grantee restores service under conditions acceptable to the city or a permanent operator is selected. If the city is required to fulfill this obligation for the grantee, the grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the cable system received by the city that are the result of the grantee’s failure to perform.
(Ordinance adopted 3/19/02, sec. 23)
(a)
The city administrator is designated as having primary responsibility for the continuing administration of the franchises and implementation of procedures for handling subscriber complaints against the grantee received by the city.
(b)
During the term of any franchise, and any renewal thereof, the grantee shall maintain a central office for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. The office must be reachable by a local, toll-free telephone call. The grantee will use its good faith efforts to arrange for one or more payment locations in a central location where subscribers can pay bills or conduct other business activities.
(c)
At the time of installation, the grantee shall furnish information to subscribers concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the grantee to whom such inquiries or complaints are to be addressed.
(d)
(1)
When there have been similar complaints made, or where there exists other evidence,which, in the judgment of the city, casts doubt on the reliability or quality of cable service, the city shall have the right and authority to require the grantee to test,analyze and report on the performance of the cable system. The grantee shall fully cooperate with the city in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice. Such report shall include the following information:
(A)
The nature of the complaint or problem that precipitated the special tests;
(B)
What cable system component(s) were tested;
(C)
The equipment used and procedures employed in testing;
(D)
The method, if any, in which such complaint or problem was resolved;
(E)
Any other information pertinent to the tests and analysis that may be required.
(2)
The city may require that tests be supervised, by an independent person of the city’s choice. This person should sign all records of special tests and forward to the city such records with a report interpreting the results of the tests and recommending actions to be taken. The city shall bear the cost associated with such tests provided the results show that the grantee is in substantial compliance with the FCC’s technical standards. Otherwise, the grantee shall bear the reasonable cost of the test.
(3)
The city’s right under this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on complaints or other evidence when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence requires that tests be performed to protect the public against substandard cable service.
(Ordinance adopted 3/19/02, sec. 24)
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 cable service to each and all of its subscribers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the lawfully enforceable provisions hereof or applicable state and federal laws, rules and regulations. For purposes of this section, “uninterrupted” does not include service interruptions and outages experienced during the regular course of business.
(Ordinance adopted 3/19/02, sec. 25)
(a)
For the reason that the streets of the city to be used by the grantee in the operation of its cable system within the boundaries of the city are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and that the grant to the grantee to use the streets is a valuable property right without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions, the grantee shall pay to the city an amount up to five (5) percent of the grantee’s gross annual revenue received by the grantee from the operations of its cable system to provide cable services within the franchise area.
(b)
This payment shall be in addition to any other generally applicable tax or payment owed to the city by the grantee.
(c)
The franchise fee shall be payable quarterly to the city within sixty (60) days after the end of each calendar quarter, and shall be accompanied by a complete and accurate certified statement of all of the grantee’s gross revenues for the period.
(d)
The city shall have, upon reasonable notice, the right to inspect the grantee’s income records and the right to audit and to recompute any amounts determined to be payable under this division. Any additional amount due to the city as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the city, which notice shall include a copy of the audit report.
(e)
The period of limitation for recovery of any franchise fee payable hereunder shall be four (4) years from the date on which payment by the grantee is due.
(f)
The grantee shall pay interest on any net franchise fee underpayment for the calendar year at the annual prime rate, or the maximum rate allowed by law, whichever is less, from sixty (60) days after the end of the calendar year until the date the payment is received by the city.
(Ordinance adopted 3/19/02, sec. 26)
(a)
Except as may otherwise be provided in a franchise, the franchise shall not be assigned or transferred, other than to a person controlling, controlled by, or under common control with the grantee, without the prior written consent of the city. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the grantee in the franchise or cable system in order to secure indebtedness. The proposed assignee must show financial responsibility as determined by the city and must agree to comply with all provisions of the franchise. The city shall have one hundred and twenty (120) days to act upon any request for approval of such a sale or transfer submitted in writing that contains or is accompanied by such information as is required in accordance with FCC regulations. The city shall be deemed to have consented to a proposed transfer or assignment if its refusal to consent is not communicated in writing to the grantee within one hundred and twenty (120) days unless the requesting party and the city agree to an extension of time. The city shall not unreasonably withhold such consent to the proposed transfer.
(b)
Except as may otherwise be provided in a franchise, the grantee shall promptly notify the city of any actual or proposed change in, or transfer of, or acquisition by any other person of, control of the grantee. Every change, transfer or acquisition of control of the grantee shall make the franchise subject to cancellation unless and until the city shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the city may inquire into the legal, technical and financial qualifications of the prospective controlling party, and the grantee shall assist the city in such inquiry.
(c)
The consent or approval of the city to any transfer of the grantee shall not constitute a waiver or release of the rights of the city in and to the streets, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of the franchise.
(d)
In the absence of extraordinary circumstances, the city will not approve any transfer or assignment of an initial franchise prior to substantial completion of construction of the proposed cable system.
(e)
In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory to the franchise.
(Ordinance adopted 3/19/02, sec. 27)
(a)
The grantee shall fully cooperate in making available at reasonable times, and the city shall have the right to inspect where reasonably necessary to the enforcement of the franchise, books, records, maps, plans and other like materials of the grantee applicable to the cable system, at any time during normal business hours; provided, where volume and convenience necessitate, the grantee may require inspection to take place on the grantee premises. The city agrees to treat any information disclosed by the grantee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions of the franchise. The grantee shall not be required to provide subscriber information in violation of section 631 of the Cable Act.
(b)
The grantee shall prepare and furnish, upon receipt of a written request from the city, such reports with respect to its operations, affairs, transactions or property as are reasonably necessary or appropriate to the performance of the city’s rights, functions or duties under the franchise. The city shall consult with the grantee as to the form, detail, and due dates of the reports requested, and accept copies of reports generated by the grantee in the normal course of business whenever possible.
(Ordinance adopted 3/19/02, sec. 28)
Copies of all petitions, applications, communications and reports either submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or 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 city upon request.
(Ordinance adopted 3/19/02, sec. 29)
Upon request, the grantee shall provide a copy of a gross revenues statement certified by an officer or CPA of the grantee.
(Ordinance adopted 3/19/02, sec. 30)
(a)
Conformance with franchise.
Each cable system shall be designed according to the needs of the city as set forth in the franchise agreement.
(b)
Two-way communications capacity.
Such cable system shall have the technical capacity for “two-way” communications; provided, however, that the return does not need to be activated, and the offering of two-way services is not required, until the grantee believes that such services are technically and economically feasible, and the grantee has obtained such additional regulatory consent as may be required by state or federal law to provide two-way services.
(c)
Public, educational and government access channels.
At the city’s request, unless otherwise designated in the franchise, the grantee shall maintain the following:
(1)
At least one (1) specially designated noncommercial public access channel available on a first-come, nondiscriminatory basis;
(2)
At least one (1) specially designated noncommercial channel for use by local educational authorities;
(3)
At least one (1) specially designated noncommercial channel for local governmental uses.
These uses may be combined on one or more channels until such time as dedicated channels become necessary. Capital support for the purchase and/or replacement of equipment for public, educational and government access shall be separately incorporated into the franchise. |
(d)
Emergency broadcast capacity.
The grantee shall incorporate into its cable system the capacity that will permit the city, in times of emergency, to override, by remote control, the audio of all channels simultaneously that the grantee may lawfully override. The grantee shall provide emergency broadcast capacity pursuant to FCC rules. The grantee shall cooperate with the city in the use and operation of the emergency alert override system. The city shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the grantee’s cable system in any manner that results in the inappropriate use thereof, or any loss or damage to the cable system. Except to the extent expressly prohibited by law, the city shall hold the grantee, its employees, officers and assigns harmless from any claims arising out of the emergency use of its facilities by the city, including, but not limited to, reasonable attorneys’ fees and costs.
(e)
Interconnection.
(1)
Generally.
The city may desire for the grantee to interconnect its cable system with other adjacent cable television systems for the purpose of sharing public, educational, and governmental access programming. Interconnections shall only be implemented upon agreement between the grantee and the contiguous cable operator.
(2)
Interconnection procedure.
Upon receiving the directive of the city to interconnect, the grantee shall immediately initiate good-faith negotiations with the other affected system or systems in order that all costs may be shared equally among cable companies for both construction and operation of the interconnection link.
(3)
Cooperation required.
The grantee shall reasonably cooperate with any interconnection corporation, regional interconnection authority or city, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the city.
(f)
Programming.
The grantee shall include in its cable service a broad range of programming. The grantee shall take into account the programming preferences of its subscribers in making its programming decisions. The grantee is encouraged to produce and carry local programming on its cable system.
(Ordinance adopted 3/19/02, sec. 31)
In addition to the inherent powers of the city to regulate and control its streets, the right and power is hereby reserved by the city to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers and furtherance of the terms and conditions of this division; 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, to include the state laws regarding theft of cable television service.
(Ordinance adopted 3/19/02, sec. 32)
(a)
The city and the grantee may hold scheduled performance evaluation sessions within thirty (30) days of the third and sixth anniversary dates of the grantee’s award or renewal of a franchise and as may be required by federal and state law.
(b)
Special evaluation sessions may be held at any time during the term of the franchise at the request of the city or the grantee.
(c)
All evaluation sessions shall be open to the public and announced in accordance with the city’s required legal notice.
(d)
Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fee, penalties, free or discounted services, application of new technologies, system performance, services provided, programming offered, customer complaints, privacy, amendments to this division, judicial and FCC rulings, line extension policies, and grantee or city rules.
(e)
Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such a petition bears the valid signatures of fifty (50) or more residents of the city, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session.
(Ordinance adopted 3/19/02, sec. 33)
The city may regulate rates for the provision of basic cable and equipment as expressly permitted by federal law. The grantee shall notify the city at least 30 days prior to any changes in rates.
(Ordinance adopted 3/19/02, sec. 34)
(a)
In addition to all other rights and powers retained by the city under this division or otherwise, the city reserves the right to forfeit and terminate the franchise and all rights and privileges of the grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the grantee shall include, but shall not be limited to, the following:
(1)
Violation of any material provision of the franchise or any material rule, order, regulation or determination of the city made pursuant to the franchise;
(2)
Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the city or its subscribers;
(3)
Failure to begin or complete cable system construction or cable system extension as provided under section 4.07.049;
(4)
Failure to provide the cable services promised in the grantee’s application, if any, as incorporated herein by section 4.07.034;
(5)
Failure to restore cable service after ninety-six (96) consecutive hours of interrupted service to the entire cable system, except when approval of such interruption is obtained from the city; or
(6)
Material misrepresentation of fact in the application for or negotiation of the franchise.
(b)
The foregoing shall not constitute a major breach if the violation occurs but is without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees.
(c)
The city may make a written demand that the grantee comply with any such specific provision, rule, order or determination under or pursuant to the franchise. If the violation by the grantee continues for a period of sixty (60) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city may place the issue of the violation of the franchise before the city council. The city shall cause to be served upon the grantee, at least twenty (20) days prior to the date of such meeting, a written notice of the time, place and purpose of the meeting. Public notice shall be given of the meeting and the issue(s) that the city is to consider.
(d)
The city council shall hear and consider the issue(s), provide the grantee with an opportunity to be heard, and hear any other person interested therein, and shall determine in its discretion whether or not any violation by the grantee has occurred.
(e)
If the city council shall determine the violation by the grantee was the fault of the grantee and was within its control to prevent, the council may, by resolution:
(1)
Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages;
(2)
Commence an action at law for monetary damages or seek other equitable relief; or
(3)
In the case of a substantial default of a material provision of the franchise, declare that the franchise of the grantee shall be forfeited and terminated unless there is compliance within such period as the council may fix; such period shall not be less than sixty (60) days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
(f)
The issue of forfeiture and termination shall automatically be placed upon the council agenda at the expiration of the time set by it for compliance. The council then may terminate the franchise forthwith upon finding that the grantee has failed to achieve compliance or may further extend the period, in its discretion.
(g)
The grantee may appeal such determination to terminate the franchise to an appropriate court of competent jurisdiction that shall have the power to review the city’s decision de novo, and to modify or reverse such decision as justice may require. Such appeal to the appropriate court must be taken within sixty (60) days of the issuance of the determination of the city.
(h)
Non-enforcement of any provision of this division by the city shall not constitute a waiver of any provision of this division or the franchise.
(Ordinance adopted 3/19/02, sec. 35)
(a)
Grantees shall not be held in default under, or in noncompliance with, the provisions of the franchise or this division, 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, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee’s ability to anticipate and control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the grantee’s cable and/or equipment is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
(b)
It is not the city’s intention to subject grantees to penalties, fines, forfeitures or revocation of the franchise for violations of the franchise or this division where the violation was a good faith error that resulted in no or minimal negative impact on the subscribers within the franchise area, or where strict performance would result in practical difficulties and hardship to the grantee which outweigh the benefit to be derived by the city and/or subscribers.
(Ordinance adopted 3/19/02, sec. 36)
Upon the foreclosure or other judicial sale of all or a substantial part of the cable system, the grantee shall notify the city 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 city to such change in control of the grantee shall apply.
(Ordinance adopted 3/19/02, sec. 37)
Federal regulations as per section 627 of the Cable Act shall apply to the right of acquisition of the grantee’s cable system by the city.
(Ordinance adopted 3/19/02, sec. 38)
In the case of a final determination of a lawful revocation of the franchise, at the grantee’s request, which shall be made in its sole discretion, the grantee shall be given a reasonable opportunity to effectuate a transfer of its cable system to a qualified third party. During such a period of time, the grantee is authorized to continue to operate pursuant to the terms of its prior franchise; however, in no event shall such authorization exceed a period of time greater than six months from the effective date of such revocation. If, at the end of that time, the grantee is unsuccessful in procuring a qualified transferee or assignee of its cable system which is reasonably acceptable to the city, the grantee and the city may avail themselves of any rights they may have pursuant to federal or state law, it being further agreed that the grantee’s continued operation during the six-month period shall not be deemed a waiver, nor an extinguishment of, any rights of either the city or the grantee.
(Ordinance adopted 3/19/02, sec. 39)
The city shall have the right to cancel the franchise one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of one hundred twenty (120) days, or unless:
(1)
Within one hundred twenty (120) days after his/her election or appointment, such receiver or trustee shall have fully complied with all the provisions of this division and the franchise and remedied all defaults thereunder; and
(2)
Such receiver or trustee, within the one hundred twenty (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 division and the franchise granted to the grantee.
(Ordinance adopted 3/19/02, sec. 40)
(a)
Notwithstanding any other provisions of this division to the contrary, the grantee shall at all times comply with all lawful and generally applicable laws and regulations of the state and federal government or any administrative agencies thereof
(b)
If any section, sentence, paragraph, term or provision hereof is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the franchise, or any renewal or renewals thereof.
(Ordinance adopted 3/19/02, sec. 41)
(a)
Interference with cable service prohibited.
Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable service, including, but not limited to, cable installation or maintenance from a cable system regulated by and lawfully operating under a valid and existing franchise issued by the city.
(b)
Gratuities and payments to permit service prohibited.
Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of cable service to the dwelling unit occupied by a tenant or resident requesting cable service.
(c)
Penalties and charges to tenants for service prohibited.
Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident, who requests or receives cable service from a grantee operating under a valid and existing franchise issued by the city.
(d)
Reselling service prohibited.
No person shall resell, without the expressed, written consent of both the grantee and the city, any cable service, program or signal transmitted by a cable system operating under a franchise issued by the city.
(e)
Protection of property permitted.
Nothing in this division shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, and safety of persons or property.
(Ordinance adopted 3/19/02, sec. 42)
(a)
All bids received by the city from the applicants for an initial franchise will become the sole property of the city.
(b)
The city reserves the right to reject any and all bids and waive informalities and/or technicalities where the best interest of the city may be served.
(c)
All questions regarding the meaning or intent of this division or application documents shall be submitted to the city in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the city as having received the application documents. The city reserves the right to make extensions of time for receiving bids, as it deems necessary. Questions received less than fourteen (14) days prior to the date for the opening of bids will not be answered. Only replies to questions by written addenda will be binding. All bids must contain an acknowledgment of receipt of all addenda.
(d)
Bids must be sealed, and submitted at the time and place indicated in the application documents for the public opening. Bids may be modified at any time prior to the opening of the bids, provided that any modifications must be duly executed in the manner that the applicant’s bid must be executed. No bid shall be opened or inspected before the public opening.
(e)
Before submitting a bid, each applicant must:
(1)
Examine this division and the application documents thoroughly;
(2)
Familiarize himself/herself with local conditions that may in any manner affect performance under this division and a franchise;
(3)
Familiarize himself/herself with federal, state and local laws, ordinances, rules and regulations affecting performance under the franchise; and
(4)
Carefully correlate the bid with the requirements of this division and the application documents.
(f)
The city may make such investigations as it deems necessary to determine the ability of the applicant to perform under this division, and the applicant shall furnish to the city all such information and data for this purpose as the city may request. The city reserves the right to reject any bid if the evidence submitted by, or investigation of, such applicant fails to satisfy the city that such applicant is properly qualified to carry out the obligations of this division and a franchise and to complete the work contemplated therein. Conditional bids will not be accepted.
(g)
All bids received shall be placed in a secure depository approved by the city and not opened nor inspected prior to the public opening.
(Ordinance adopted 3/19/02, sec. 43)
(a)
No initial franchise will be granted to any applicant unless all requirements and demands of the city regarding financial, contractual, shareholder and system disclosure have been met.
(b)
Applicants, including all shareholders and parties with any interest in the applicant, shall fully disclose all agreements and undertakings, whether written or oral, or implied, with any person, firm, group, association or corporation with respect to this franchise and the proposed cable system. The grantee of this franchise shall disclose all other contracts to the city as the contracts are made. This section shall include, but not be limited to, any agreements between local applicants and national companies.
(c)
Applicants, including all shareholders and parties with any interest in the applicant, shall submit all requested information as provided by the terms of this division or the application documents, which are incorporated herein by reference. The requested information must be complete and verified as true by the applicant.
(d)
Applicants, including all shareholders and parties with any interest in the applicant, shall disclose the numbers of shares of stock, and the holders thereof, and shall include the amount of consideration for each share of stock and the nature of the consideration.
(e)
Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding other cable systems in which they hold an interest of any nature, including, but not limited to, the following:
(1)
Locations of all other franchises and the dates of award for each location;
(2)
Estimated construction costs and estimated completion dates for each cable system;
(3)
Estimated number of miles of construction and number of miles completed in each cable system as of the date of this application; and
(4)
Date for completion of construction as promised in the application for each cable system.
(f)
Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding pending applications for other cable systems, including but not limited to the following:
(Ordinance adopted 3/19/02, sec. 44)
