HomeMy Public PortalAboutORD 86/04ORDINANCE NO. 86 -4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, ESTABLISHING TERMS AND CONDITIONS
FOR THE GRANTING OF A CABLE TELEVISION SYSTEM
WITHIN THE TOWN.
CABLE TELEVISION ORDINANCE
Sec. 10 -1. Short title.
This chapter shall be known and may be cited as the "Gulf
Stream CATV Ordinance ".
Sec. 10 -2. Definitions.
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
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 always mandatory
and not merely directory.
(a) "Cable Television System ", hereinafter also referred to
as "CATV System" or "System ", means a system of coaxial cables or
other electrical conductors and equipment used or to be used
primarily to receive television or radio signals directly or
indirectly off - the -air and distribute them to subscribers for a
fee and such other services as specified by the Federal
Communications Commission.
(b) "Cable Act" means the Cable Communications Policy Act
of 1984 identified as Public Law 98 -549 enacted on October 30,
1984.
(c) "Town" is the Town of Gulf Stream, Florida.
(d) "Town Commission" is the Town Commission of Gulf
Stream, Florida.
(e) "Dwelling unit" as used herein shall be an individual
residential unit for which a separate basic charge may
potentially be collected. The number of dwelling units shall not
include the number of units in a multifamily residence or complex
if the Grantee from which service has been requested is
prohibited from serving the complex or building. The number of
dwelling units shall include any commercial unit which has
specifically requested cable service or which now has cable
service provided by any Grantee.
(f) "Dwelling units per linear mile" as used herein shall
be a measurement made from the dwelling unit requesting service
to closest point at which the Grantee with the request for
service has live cable wire. Whenever the distance measured
results in a measurement which is less than a mile or includes a
fraction of a mile, the number of dwelling units required to-be
passed to entitle the customer to receive service shall be
adjusted accordingly. (For example, if the distance from live
cable to the customer requesting service is one -third of a mile
and no other units along that line request service, service must
be provided if there are at least four (4) dwelling units between
the live cable and the dwelling unit of the customer requesting
service.)
(g) "Grantee" as used herein is a general term which,
unless otherwise stated, refers to each and every grantee of a
franchise hereunder.
(h) "Public Facilities" shall mean the streets, alleys,
easements, swale areas, public ways, public places and all other
easements dedicated to compatible use (within the meaning of
Section 621(a)(2) of the Cable Act) now laid out or dedicated and
all extensions thereof and additions thereto in the Town.
(i) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
Sec. 10 -3. Grant of nonexclusive authority.
(a) There is hereby granted by the Town to the Grantee the
right and privilege to construct, erect, operate and maintain in,
upon, along, across, above, over and under Public Facilities,
poles, wires, cables, underground conduits, manholes and other
television conductors and fixtures necessary for the maintenance
and operation in the Town of a Cable Television System.
(b) The right to use and occupy Public Facilities for the
purposes herein set forth shall not be exclusive, and the Town
reserves the right to grant a similar use of Grantee to any
person at any time during the period of this franchise.
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(c) Grantee shall have the right to enter into arrangements
for the attachment onto and use of facilities owned and operated
by public utilities operating within the Town. Grantee shall
strictly comply with the terms, provisions and restrictions of
said agreements, and copies of all agreements made with other
public utilities operating within the Town shall be provided to
the Town upon request for the same.
Sec. 10 -4. Compliance with applicable laws and ordinances.
(a) Grantee shall, at all times during the lite of this
franchise, be subject to all lawtul exercise of the police power
by the Town and to such regulation as the Town shall hereatter
provide, and Grantee shall tully comply with all applicable laws,
rules and regulations now in ettect or hereinafter adopted by the
Federal Communications Commission, the Town, the State of Florida
and the United States.
(b) Copies of all petitions, applications and
communications 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 attesting Grantee's Cable
Television System authorized pursuant to this tranchise shall be
provided to the Town upon request for the same.
Sec. 10 -5. Territorial area involved and construction
requirements.
(a) A tranchise granted hereunder shall be for all areas
within the present corporate limits of the Town and to any area
henceforth .added thereto during the term of a franchise granted
hereunder.
(b) The requirement of Grantee to extend cable service to a
dwelling unit within Grantee's franchise area shall be governed
by the following standards:
(1) Grantee will be required to extend cable service
to a dwelling unit when:
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(i) There is a request by the resident of that
dwelling unit to provide such service; and
(ii) There is an average of fifteen (15) dwelling
units per linear mile or more than five (5) dwelling units per
linear mile requesting such service and each such dwelling unit
may be reached with a standard service drop or the resident of
the dwelling unit has agreed to pay the additional cost of a
non - standard drop.
(2) When a dwelling unit requesting cable service is
determined to be outside the service criteria, service shall be
provided to that dwelling unit for a reasonable additional hook-
up charge which shall represent the actual additional cost to the
cable company in providing service to that dwelling unit over its
cost per mile where there are five (5) customers requesting
service per linear mile. Grantee shall establish a system of
rebating these additional charges on a pro rata basis as new
customers are added to the line.
(c) Specific additional construction requirements may be
imposed in the franchise accepted by Grantee.
Sec. 10 -6. Liability and indemnification.
(a) Grantee shall indemnify and hold harmless the Town, its
officers, agents and employees from all claims, debts,
liabilities, demands, interest, court costs and attorneys' fees,
to itself, or to any third person, whether for bodily injury,
death, property damage or otherwise, in any way arising out of
the operations of Grantee under this ordinance or Grantee's
franchise issued hereunder.
(b) Grantee shall pay and, by its acceptance of its
franchise, specifically agrees that it will pay, all expenses
incurred by the Town in defending itself with regard to all
damages and penalties, including, but not limited to, all out -
of- pocket expenses, such as attorneys' fees, and the reasonable
value of any services rendered by the Town Attorney or his
assistant or any employees of the Town.
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(c) Grantee shall maintain and, by its acceptance of its
franchise, specifically agrees that it will maintain throughout
the term of its franchise liability insurance insuring Grantee,
and naming the Town as an additional insured thereunder, against
loss or damage arising out of the operations or responsibility of
Grantee under its franchise with primary and umbrella insurance
in a total limit of five million dollars ($5,000,000.00). Copies
of policies are to be furnished the Town.
(d) Grantee shall provide the Town with security of
faithful performance of all terms and conditions of its franchise
and this ordinance by providing either a payment and performance
bond running to the Town with good and sufficient surety
acceptable to the Town in the penal sum of five thousand dollars
($5,000.00), or an irrevocable letter of credit issued by a bank
in Palm Beach County, Florida, in the amount of five thousand
dollars ($5,000.00). In the event that the Town in accordance
with the terms of this agreement recovers from the security,
Grantee shall, within fifteen (15) days after notice from the
Town, reinstate the security to the amount of five thousand
dollars ($5,000.00).
(e) The insurance required by subsection (c) and the bond
or letter of credit required by subsection (d) shall be subject
to the approval of the Town Commission, and the insurance policy
or policies and the bond or letter of credit, along with the
written evidence of payment of the required premiums, if
applicable, shall be tiled and maintained with the Town Clerk of
the Town during the term of Grantee's franchise.
(f) The insurance policy or policies and bonds or letter of
credit which Grantee is required to furnish under the
requirements of this ordinance shall be first submitted to the
Town Attorney for his acceptance and approval on behalt of the
Town and, it so accepted and approved, shall be tiled in the
office of the Town Clerk together with written evidence of
payment of the required premiums due thereunder.
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Sec. 10 -7. Pertormance Standards.
Grantee shall at all times:
(a) Use at least four hundred (400) megahertz of bandwidth
(the equivalent of fifty four (54) television broadcast channels)
available for immediate or potential use within all parts of
Grantee's franchise area within forty -eight (48) months after
award o its franchise hereunder.
(b) Maintain equipment that passes standard color
television signals without degradation and with a phase shift
measured within its own System not to exceed plus or minus seven
(7) degrees. Said phase shift measured witin its own System
shall mean the difference between the phase shift measured in the
signal received by the Grantee at its tower and the measure of
phase shift at the subscriber's receiver.
(c) Provide a minimum level of one thousand (1,000)
microvolts at the input terminals of each television receiver on
the line.
(d) Provide that the System and all equipment be designed
and rated for twenty -four- hours - per -day continuous operation.
(e) Provide a signal -to -noise ratio of not less than forty
(40) decibels measured at the subscriber's receiver.
(f) Provide a television signal with a hum modulation less
than five percent (5%) measured at the subscriber's receiver.
(g) Provide a television signal free of interaction between
any channels which may cause excessive cross - modulation
distortion. The system cross- modulation distortion level shall
meet a minimum standard of forty (40) decibels below the level of
the television signals distributed to any subscriber connected to
the system measured at the subscriber's receiver.
(h) Operate the system in compliance with Subpart K of Part
76 of the Federal Communications Commission Rules and Regulations
relating to incidental radiation.
(i) Provide an intermodulation distortion not to exceed
minus forty -six (46) decibels measured at the subscriber's
receiver.
( j ) Provide that the plot of gain versus frequency across
any six - megahertz channel is to be flat, plus or minus two (2)
decibels, measured at the subscriber's receiver.
(k) Provide and keep accurate, calibrated test equipment
for the testing of all service and operation standards outlined
in this chapter, and conduct tests as requested by the Town under
the supervision of a Town representative in order to establish
the level of performance of the system. The Grantee shall
provide responsible service and investigation in response to all
subscriber complaints. Should any subscriber be unable to obtain
acceptable service from the Grantee, said subscriber may make
application to the Town to require such tests by the Grantee.
The subscriber, upon presenting his request, shall deposit with
the Town through the office of the Town Manager, the sum of two
hundred dollars ($200.00) as a deposit towards the cost of such
tests. Should the test indicate that the Grantee has failed to
provide service to said subscriber in accordance with the
operational standards outlined in this chapter, then the Grantee
shall bear the cost of said test, and the deposit herein required
shall be returned to the subscriber. Should the test indicate
that the Grantee is conforming with the operational standards set
forth in this chapter, then the cost of said tests shall be borne
by the subscriber requesting such test. So much of said deposit
as is necessary to reimburse the Grantee for the actual cost of
its tests shall be paid over to the Grantee, and the remainder of
the deposit, if any, shall be returned to the subscriber.
Sec. 10 -8. Operation and maintenance of system
(a) 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 use of the system. Grantee shall operate the system so
that there will be no interference with television reception,
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radio reception, telephone communications or other installations
which are or may hereafter be installed and in use by the Town or
any persons in the Town.
(b) Grantee shall maintain an office within five (5) miles
of the Town of Gulf Stream which shall be open during all usual
business hours, have a listed telephone, and be so operated that
complaints and requests for repairs or adjustments may be
received at any time.
Sec. 10 -9. Service to schools and public buildings.
Grantee shall install and provide basic service through one
basic standard service drop to each public school, fire station,
police station and Town administration building within the Town
for educational or governmental purposes upon request by the Town
and at no cost to the Town or to the public school system. Any
internal distribution system within the building to which the
tree service is provided shall be at the expense of the party
receiving the service and will be installed by Grantee at cost
upon request. Grantee may, at its election, provide similar
services without cost to private schools, including parochial or
other religious schools.
Sec. 10 -10. Emergency use of facilities.
In the case of any emergency or disaster, Grantee shall,
upon request of the Mayor or Town Manager, make available its
facilities to the Town for emergency communications use during
the emergency or disaster period in cooperation with other local
governments. Grantee will provide a radio or character - generated
signal override capability which will facilitate audio or video
communications with all subscribers of Grantee during such
emergency.
Sec. 10 -11. Other business activities.
(a) A franchise hereunder authorizes only the operation of
a CATV system as provided for herein, and does not take the place
of any other franchise, license or permit which might be required
by the Town.
(b) Neither Grantee nor_ any of its officers, agents or
employees shall indicate or recommend, in any manner, a specific
sale or service establishment or individual be used for the sale
or service of any television set. This shall not prohibit
Grantee from carrying paid advertisements by any company engaged
in the sale or service of television sets or other video or audio
equipment.
Sec. 10 -12. Safety requirements.
(a) Grantee shall at all times employ due care in the
construction, operation, maintenance, removal and use of the
Cable Television System using commonly accepted industry
practices and equipment to avoid failures and accidents which are
likely to cause damage, injuries or nuisances to the public.
(b) Grantee shall install, operate and maintain its wires,
cables, fixtures and other equipment in accordance with the
requirements of the National Electric Safety Code promulgated by
the National Bureau of Standards and the National Electrical Code
of the American Insurance Association, and in such manner that
they will not interfere with any installations of the Town or of
a public utility serving the Town.
(c) All structures and all lines, equipment and connections
in, over, under and upon the streets, easements and swales,
sidewalks and public ways and places of the Town, wherever
situated or located, shall at all times be kept and maintained in
a safe, suitable, substantial condition and in good order and
repair.
(d) Grantee shall maintain a force of employees sufficient
to provide sate, adequate and prompt service for its facilities
in accordance with industry standards.
Sec. 10 -13. Conditions of street occupancy.
(a) All transmissions and distribution structures, lines
and equipment erected by Grantee within the Town shall be first
approved by the Town upon application by the Grantee and shall be
so located as to cause minimum interference with the proper use
of streets, easements and swales, sidewalks, alleys and other
public ways and places and to cause minimum interference with the
rights and reasonable convenience of property owners who join any
of the said streets, easements and swales, sidewalks, alleys or
other public ways and places.
(b) In cases of disturbance of any street, easement and
Swale, sidewalk, alley, public way or paved area, Grantee shall,
at its own cost and expense and in a reasonable manner approved
by the Town Engineer, replace and restore such street, sidewalk,
easement and swale, alley, public way or paved area in as good a
condition as before the work involving such disturbance was done,
and shall maintain such repairs for one year after the completion
of same.
(c) If at any time during the period of a franchise granted
hereunder the Town shall lawfully elect to alter or change the
grade of any street, easement and Swale, sidewalk, alley or other
public way, or to relocate or install additional paving or
utilities, Grantee, upon reasonable notice by the Town, shall
remove, relay and relocate its poles, wires, cables, underground
conduits, manholes and other fixtures at its own expense.
(d) Any poles or other fixtures placed in any public way by
Grantee shall be placed in such manner as not to interfere with
usual travel or any utilities located in or on such public way.
(e) Grantee shall, on the request of any person holding a
building moving permit issued by the Town, temporarily raise or
lower its wires to permit the moving of buildings. The expense
of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same, and Grantee shall have
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the authority to require such payment in advance. Grantee shall
be given not less than seventy -two (72) hours' advance notice to
arrange for such temporary wire changes.
(f) Grantee shall have the authority to trim trees upon and
overhanging streets, easements and swales, alleys, sidewalks and
public ways and places of the Town, so as to prevent the branches
of such trees from coming in contact with the wires and cables of
Grantee; except that, at the option of the Town, upon request of
Grantee, such trimming may be done by Town or under Town's
supervision and direction at the expense of Grantee.
(g) In all sections of the Town where the cables, wires or
other like facilities of public utilities are presently placed
underground or are required to be so placed underground at any
time in the future, Grantee shall place its cables, wires or
other like facilities underground to the maximum extent that
existing technology reasonably permits the Grantee to do so.
(h) The Town shall not be required to assume any
responsibility for the securing of any rights -of -way or
easements, nor shall the Town be responsible for securing any
permits or agreements with other persons or utilities.
Sec. 10 -14. Employment practices.
(a) Equal opportunity in employment shall be afforded all
qualified persons by Grantee and no person shall be discriminated
against because of race, color, religion, national origin or sex.
(b) Grantee shall establish and adhere to the procedures,
policies and reporting requirements established by Section 633 of
the Cable Act and the regulations adopted thereunder.
Sec. 10 -15. Removal of facilities upon requests.
Upon termination of service to any subscriber, Grantee shall
promptly remove all its facilities and equipment from the
premises of such subscriber upon his request, except those
facilities and equipment located in Public Facilities.
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Sec. 10 -16. Transfer of franchise.
Grantee shall not transfer its franchise to another person
or corporation without prior _approval of the Town Commission by
resolution. It shall be considered a transfer of its franchise
and prior approval of the Town Commission shall be required where
ownership or control of more than twenty percent (20 %) of the
right of control of Grantee is acquired by a person or group of
persons acting in concert, none of whom already own or control
Grantee singularly or collectively. By its acceptance of its
franchise, Grantee specifically agrees that any such acquisition
occurring without prior approval of the Town Commission shall
constitute a violation of its franchise. Neither the transfer of
twenty percent (200) or less of the ownership of the right to
control of Grantee nor transfer by Grantee to a parent or
subsidiary of a franchise issued hereunder shall be deemed a
violation of Grantee's franchise or this ordinance; provided that
the Grantee shall give notice to the Town of such transfer and,
after notice, the transferee shall act as Grantee.
Sec. 10 -17. Town rights in franchise.
(a) The right is hereby reserved to the Town or the Town
Commission to adopt, in addition to the provisions contained
herein and in existing applicable ordinances, such additional
regulations as it shall find necessary in the exercise of the
police power; provided that such regulations, by ordinance or
otherwise, shall not conflict with the rights granted as in
Grantee's franchise issued hereunder.
(b) The Town shall have the right to inspect during
Grantee's normal business hours the books, records, maps, plans
and other like materials of Grantee, as such books, records,
maps, plans and other materials relate to or affect Grantee's
financial obligations to the Town set forth in this chapter.
(c) The Town shall have the right, during the life of a
franchise issued hereunder, to install and maintain free of
charge upon the poles of the Grantee any wire and pole fixtures
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necessary for a police alarm system, on the condition that such
wire and pole fixtures do not interfere with the operations of
Grantee's System.
(d) The Town shall have the right to supervise all
construction or installation work performed by Grantee under this
ordinance or its franchise and make such inspections as it shall
find necessary to insure compliance with the terms of this
ordinance and other pertinent provisions of law.
(e) The Town's rights with respect to the renewal and
purchase of the Grantee's franchise are set forth in Sections 626
and 627 of the Cable Act.
Sec. 10 -18. Maps, plats and reports.
(a) Upon request, Grantee shall file with the Town Engineer
accurate maps of its System, showing construction and
distribution networks, and Grantee shall maintain same current.
(b) Grantee shall file annually with the Town Finance
Director, within ninety (90) days after the end of Grantee's
fiscal year, a certified public accountant's statement of the
gross receipts derived from Grantee's subscribers within the area
designated by its franchise for said year.
Sec. 10 -19. Payments to the Town.
(a) Grantee shall pay the Town three percent (3 %) of the
gross subscription revenue received by the company for cable
television service provided to subscribers within the corporate
limits of the Town as now or hereafter constituted. Said
payments shall be made on a quarterly basis.
(b) Gross subscription revenue shall mean all revenue
received by Grantee for providing basic, expanded basic, premium,
pay and other video and audio services to subscribers.
Sec. 10 -20. Forfeiture of franchise and liquidated damages
(a) In addition to all other rights and powers pertaining
to the Town by virtue of this ordinance or otherwise, the Town
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reserves the right to revoke, terminate and cancel Grantee's
franchise and all rights and privileges of the Grantee hereunder
in the event that Grantee:
(1) Violates any provision of this ordinance or its
franchise or any lawful rule, order or determination of the Town
or Town Commission made pursuant to this ordinance.
(2) Becomes insolvent, is unable or unwilling to pay
its debts, or is adjudged bankrupt.
(3) Attempts to dispose of any of the facilities or
property of the System with intent to prevent the Town from
purchasing same.
(4) Attempts to evade any of the provisions of this
ordinance or practices any fraud or deceit upon the Town.
(5) Fails to submit applications for all necessary
licenses and permits within thirty (30) days after grant of its
franchise, copies of which applications shall be filed with the
Town Clerk, and /or fails to commence construction within sixty
(60) days after Grantee's receipt of all required licenses and
permits.
(6) Fails to construct the system or to extend service
in accordance with the provisions of Section 10 -5 of this
chapter. The Town Manager may, rather than seeking a declaration
of forfeiture, require the payment of liquidated damages of up to
fifty dollars ($50.00) per day for failure to comply with the
requirements of Section 10 -5 within sixty (60) days after notice
by the Town to comply. The Town Manager shall be the sole and
final arbiter of all disputes and conflicts regarding provision
of service under Section 10 -5 and compliance with all
requirements set forth therein, and his decision shall be final
and binding. The imposition of liquidated damages shall not
constitute a waiver of the Town's right to halt the running of
liquidated damages and /or seek a forfieture of the franchise.
(b) Such revocation, termination and cancellation shall be
as follows:
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(1) Notice shall be sent from the Town by the Town
Manager to Grantee, by registered or certified mail or hand
delivery.
(2) Said notice shall specify in a general way, so as
to be reasonably understood, the particular terms, conditions or
provisions of the franchise or ordinance which have been or are
being violated, and shall name a reasonable time not less than
twenty (20) days thereafter, within which to strictly comply with
such terms, conditions or provisions.
(3) If Grantee shall, after service of such notice,
fail to comply or undertake and maintain diligent efforts to
comply with any of such terms, conditions or provisions within
the time therein prescribed (not less than twenty (20) days),
then the Town shall initiate a proceeding before the Town
Commission for the forfeiture of Grantee's said franchise,
grants, privileges, rights, licenses and immunities.
(4) Upon failure of Grantee to comply with any such
terms, conditions or provisions of said notice within the
reasonable time specified therein, the Town may remove from any
streets, alleys, or easements all property of Grantee, as if no
franchise, grant, privilege, right, license or immunity had ever
been given.
Sec. 10 -21. Town's right of intervention
Grantee agrees not to oppose intervention by the Town in any
suit or proceeding to which Grantee is a party.
Sec. 10 -22. Further agreement and waiver by Grantee
The Grantee agrees to abide by all provisions of this
ordinance and its franchise, and further agrees that it will not
at any future time set up as against the Town or the Town
Commission the claim that the provisions of this ordinance or its
franchise are unreasonable, arbitrary or void.
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Sec. 10 -23. Application for new franchise; duration and renewal
of franchise; application and renewal fees.
(a) Any application for a new franchise or for an expansion
of an existing franchise shall be submitted to the Town Manager
in triplicate and shall include, at a minimum, the following
information:
(1) The name, address and telephone number of the
applicant and the name and address of the person or persons who
are authorized to act on applicant's behalf.
(2) If applicant is a corporation, partnership or any
entity other than an individual, the name, address and telephone
number of each person owning or controlling more than five
percent (5%) of the voting rights or control of such entity.
(3) Any agreements or arrangements whether or not in
writing, with any individual(s), corporation(s), partnership(s)
or other entity(ies) for the purchase, sale or other transfer of
any ownershp interest in the System or any entity owning an
interest in the System.
(4) The details of any criminal proceeding against the
applicant, any of the individuals or entities described in
subparagraphs (2) and (3) above, any director or officer or
manager of the applicant or any affiliated company.
(5) The details of any civil proceeding in which the
applicant, any officer, manager, or director of applicant, any of
the individuals or entities described in subparagraphs (2) and
(3) above or any affiliated company was found to be liable for or
agreed to a settlement of an unfair, deceptive or anticompetitive
business practice including any violation of state or federal
antitrust laws.
(6) The details of any penalty assessed or proceeding
conducted against applicant, any of the individuals or entities
described in subparagraphs (2) and (3) above, any director,
officer or manager of applicant or any affiliated company arising
from a violation or alleged violation of any franchise for cable
television or similar services.
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(7) The details of each cable television system owned,
or managed by applicant, any of the persons named in
subparagraphs (2) and (3) above, any director, officer or manager
of the applicant or any attidated company including:
(i) the location of the System,
(ii) the number of subscribers,
(iii) the number of years of ownership,.
(iv) the number of years the System has existed,
and
(v) the name and address of a public in the city
or county in which the System is located who
has knowledge of the performance of the
owners of the Systems.
(8) The name and address and experience of the
manager, chief technician and billing supervisior of the System.
(9) The financial plan for the first three years of
operation of the System in sufficient detail to show with
particularity the sources of all funds to be used in the
acquisition and operation of the System and the expenses to be
incurred including all capital and operational expenses.
(10) A detailed description of the System to be
constructed including at a minimum:
(i) the type and location of any antennas and
satellite earth stations to be used,
(ii) the headend design including a detail of all
equipment to be used,
(iii) the distribution system, including the cable
plant, active and passive electronics power
supplies, standby power supplies, and
(iv) the type and model of converters to be used,
(11) The channel capacity of the System.
(12) The steps taken to insure that the System can be
connected with other systems for area -wide broadcasts which may
be locally orginated.
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(13) A description of the System policies regarding
restoration of interrupted service, System maintenance, receiving
and acting on subscriber complaints, keeping records of
complaints and the criteria for addition of employees for
maintenance, repair and complaint response.
(14) A detailed description of the area to be served
and the timetable for construction of the System.
(b) Within thirty (30) days of receipt of an application
submitted pursuant to paragraph (a) above, the Town Manager shall
notify the applicant of any apparent deficiencies in the
information required. When all required information has been
submitted, the Town Manager shall notify all holders of existing
franchises and the applicant that the application is ready for
initial review by the Town Commission which review shall occur no
sooner than thirty (30) days after such notice. Such review
shall be conducted at a public hearing after proper public
notice.
(c) In considering the application for the award or
expansion of a franchise the Town Commission shall make an
affirmative finding that (1) the level of service currently
provided by existing Grantees is inadequate to and does not meet
the demonstrated needs of the community, (2) that the existence
of an additional franchise will not endanger service to the
subscribers of any existing Grantee and (3) that the applicant
has the demonstrated experience, financial ability, and character
to construct the proposed System and make available a high
quality Cable Television System to all of the residents of Gulf
Stream.
(d) All applications for a franchise or the expansion of an
existing franchise shall be in the form required by the Town and
shall be accompanied by a five thousand dollar ($5,000.00)
nonrefundable application fee which shall be used by the Town to
process the application and set up the terms of any new franchise
agreements.
Sec. 10 -24. Duration and acceptance of franchise
(a) The rights and privileges granted hereunder shall
commence on the date specitiAd in the franchise issued to Grantee
and continue for a period of fifteen (15) years unless sooner
terminated as herein provided or as provided in the franchise.
(b) Within thirty (30) days after award of its franchise,
Grantee shall file with the Town Clerk its unconditional
acceptance of its franchise and agreement to comply with and
abide by all of its provisions, terms, conditions, and
requirements of the franchise and this ordinance.
Sec. 10 -25. Renewal of franchise.
(a) At the termination of the initial franchise period, the
rights and privileges granted hereunder may be renewed for the
existing Grantee pursuant to the provisions of Section 626 of the
Cable Act.
(b) All applications for a renewal of a franchise shall be
in the form required by the Town and shall be accompanied by a
five thousand dollar ($5,000.00) nonrefundable application tee
which shall be used by the Town to process the application and
set up the terms of any new franchise agreements.
Sec. 10 -26. Erection, removal and common user of poles.
(a) No underground facilities, poles or other wire - holding
structures shall be erected by Grantee without prior approval of
the Town Engineer with regard to location, height, type and any
other pertinent aspect. However, the approval of the location of
any underground facility, pole or wire - holding structure of
Grantee shall not create a vested right in Grantee for the use of
that location, and such poles or structures shall be removed or
modified by Grantee at its own expense whenever the Town Manager
reasonably determines that the public convenience would be
enhanced thereby.
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(b) Where poles or other wire- holding structures are
already existing for use in serving the Town and are available
for use by Grantee, but Grantee does not make arrangements for
such use, the Town Commission may require Grantee to use such
poles and structures it it determines that the public convenience
would be enhanced thereby and the terms of the use available to
the Grantee are just and reasonable.
(c) Where the Town or a public utility serving the Town
desires to make use of the poles or other wire - holding structures
of Grantee, but agreement therefor with Grantee cannot be
reached, the Town Commission may require the Grantee to permit
such use for such consideration and upon such terms as the Town
Commission shall determine to be just and reasonable, if the Town
Commission determines that the use would enhance the public
convenience and would not unduly interfere with the Grantee's
operations.
Sec. 10 -27. Designation of channel capacity for public,
educational or governmental use.
Within one (1) year from the date of the award of a
franchise hereunder but not before December 31, 1990, Grantee
shall designate in writing and activate one channel for use by
the Town, in common with other franchising authorities, for the
broadcast by the Town or such other franchising authority or its
duly established designee of such public, educational or
governmental programming as desired from time to time by the Town
or other franchising authority. The Town shall cooperate with
other franchising authorities in utilizing the said channel.
Sec. 10 -28. Leased Access Channels.
When any Grantee shall have 36 or more (but less than 55)
activated channels, as defined by Section 612 of the Cable Act,
Grantee shall designate and make available to persons
unaffiliated with the Grantee channels equaling ten percent (10 %)
of such activated channels for commercial use upon such terms and
conditions and for such access fees as shall be determined by
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Grantee consistent with Section 612 of the Cable Act and the
regulations thereunder. When Grantee shall have 56 or more such
activated channels, Grantee shall designate and make available
channels equaling fifteen percent (15 %) of such activated
channels for such commercial use on such terms. At any time any
channel(s) designated for commercial use hereunder are not
actually being used by a third party, whether or not subject to a
lease for such use, such channel(s) may be used by Grantee for
any purpose consistent with this ordinance. This section shall
be interpretted and construed to be consistent with the
requirements of Section 612 of the Cable Act and the lawful
regulations adopted thereunder. Pursuant to the authority
granted under Section 612(h) of the Cable Act, the Town may
require the lease of any channel space made available under this
Section or under the Cable Act to prohibit or condition the
exhibition of any programming which is, in the judgment of the
Town, obscene or in conflict with community standards in that
such programming is lewd, lascivious, filthy or indecent or
otherwise unprotected by the Constitution of the United States.
Sec. 10 -29. Rates and charges to subscribers.
(a) The rates and charges for all cable television services
offered by the Grantee, including all installation charges for
such services, shall be set by the Grantee.
(b) Notice of any increase in basic cable service rates
and /or charges by the Grantee shall be given to subscribers in
writing no less than thirty (30) days prior to the effective date
of any such increase.
Sec. 10 -30. Rules and Regulations.
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 Grantee to
exercise its rights and to perform its obligations under
ordinance and its franchise and to assure an uninterrupted
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service to each and all its subscribers; provided, however, that
such rules, regulations, terms and conditions shall not be in
conflict with the provisions hereof and shall be filed with the
Town.
Sec. 10 -31. Publication costs.
Grantee shall assume the cost of publication of its
franchise as such publication is required by law, and such is
payable upon Grantee's filing of acceptance of its franchise.
Sec. 10 -32. Severability.
If any section, subsection, sentence, clause, phrase or
portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction or
becomes invalid under federal or state law or in the event that
the Federal Communications Commission declares any section
invalid, then such section or subsections including those
affected by the decision will be renegotiated by the Town and the
Grantee. All nonatfected sections and subsections shall be
deemed separate, distinct and independent provisions and as such
shall not be affected by the declaration of invalidity.
Sec. 10 -33. Applicability and effective date.
(a) This ordinance shall apply to all persons who apply for
or are required to apply for a franchise, amendment to a
franchise or renewal of a franchise for a Cable Television System
in the Town.
(b) This ordinance shall become effective upon adoption
after second and final reading by the Town Commission.
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PASSED AND ADOPTED on READING this $�
day of �Ub 1986.
MAYOR �.
ATTEST:
TOWN CLERK Q)
bw. _' s.