HomeMy Public PortalAboutORD10833 BILL NO. 87-7
SPONSORED BY COUNCILMAN Veile, Gordon, Davis, Halsey
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY , OF JEFFERSON,
MISSOURI, BY REPEALING CHAPTER 8 PROVIDING FOR THE GRANTING OF
FRANCHISES AND FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF
CABLE COMMUNICATIONS SYSTEMS WITHIN THE CITY OF JEFFERSON,
MISSOURI, AND FOR THE CONTINUING REGULATION AND ADMINISTRATION OF
THE FRANCHISES, AND ENACTING IN LIEU THEREOF A NEW CHAPTER 8
RELATING TO THE SAME SUBJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Code of the City of Jefferson, Missouri, is
hereby amended by repealing Chapter 8 and a new Chapter 8 enacted
in lieu thereof to read as follows:
ARTICLE 1
STATEMENT OF INTENT AND PURPOSE, FRANCHISE APPLICATIONS,
AGREEMENTS.
8-1.01 Statement of Intent and Purpose:
The City intends by the adoption of this Ordinance, to bring
about the continued development and operation of cable
communications services for the City. Such a development can
contribute significantly to the communication needs and desires
of citizens of the City. Further, by the continued development
and operation of a System, City may help achieve better
utilization and improvement of public services.
8-1.02 Franchise Processing Cost:
Any applicant for a franchise to own, operate, and maintain a
system within the City shall be required to reimburse City for
all costs incurred, including attorneys' fees in soliciting and
evaluating the application, and processing the franchise award,
and any other ongoing expenses connected with the franchise
award.
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8-1.03 Franchise Agreement:
City, by and through its Mayor and City Clerk, and Grantee are
hereby authorized, at the time of acceptance, to enter into an
Agreement, consistent with this Ordinance, governing the
relationship between City and Grantee; providing for regulation
and use of system; and prescribing liquidated damages for the
violation of its provisions.
ARTICLE 2
SHORT TITLE.
This Ordinance shall be known and cited as the "City of
Jefferson, Missouri, Cable Communications Ordinance, " hereinafter
in this document referred to as "Ordinance. "
ARTICLE 3
DEFINITIONS.
For purposes of this Chapter the following terms, phrases,
words and their derivations shall have the meaning given in this
section. 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 words "shall" and "will" are
mandatory and "may" is permissive. Words not defined shall be
given their common and ordinary meaning.
8-3.01 "Basic Service": Any service tier or level which includes
the retransmission of local television broadcast signals or such
other definition as may be adopted by federal law.
8-3.02 "Channel": A six Megahertz (MHz) frequency band, which is
capable of carrying either one standard video signal, a number of
audio, digital or other non-video signals, or some combination of
such signals.
8-3.03 "Class IV Cable Communications Channel": A signaling path
provided by System to transmit signals of any type from a
subscriber terminal to another point in the System.
8-3.04 "City" : The City of Jefferson and all of the territory
within its present and future boundaries.
8-3.05 "City Council": The elected governing body of the City of
Jefferson, Missouri.
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B-3.06 "Commission": The Cable Quality Commission.
8-3.07 "Company": The entity, its lawful successors, transferees
or assignees, to which a franchise has been granted.
8-3.08 "Connection" : The attachment of the drop to the first
radio, television set, VCR or computer terminal of the
subscriber.
8-3.09 "Converter": An electronic device which converts signals
to a frequency not susceptible to interference within the
television receiver of a subscriber, and by an appropriate
channel selector also permits a subscriber to view all
appropriate subscriber signals included in the service delivered
at designated converter dial locations.
8-3.10 "Days": Unless otherwise specified, all references to a
number of days in this agreement shall mean calendar days.
8-3.11 "Density Per Cable Mile": Shall be computed by dividing
the number of residences and platted lots in the area by the
length, in miles or fraction thereof, of the cable required to
serve the residences and platted lots excluding drops.
8-3.12 "Drop": The cable, in some cases including converter,
that connects the computer terminal, or the antenna terminal on
the subscriber's radio, television set or VCR to the nearest
feeder cable of the system.
8-3. 13 "FCC" : The Federal Communications Commission or a
designated representative.
8-3.14 "Franchise": The rights and obligations extended by City
to Grantee to own, operate and maintain a System within the City
of Jefferson, Missouri, and manifested by the following:
A. This Ordinance; and
H. The Ordinance authorizing the grant of a Franchise to
any person, firm or corporation authorized to do business in
the State of Missouri; and
C. A Franchise Agreement entered into between City and
Grantee based on the authority and grant of a cable
communications franchise pursuant to this Chapter.
8-3.15 "Franchise Administrator": The City Administrator of the
City of Jefferson, Missouri, or his designee.
8-3.16 "Franchise Agreement" : An agreement entitled "Franchise
Agreement" entered into between City and Grantee which is
enforceable by City and Grantee and which sets forth rights and
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III! I 111 R 1:11 1111111
obligations between City and Grantees arising out of the
Franchise.
8-3.17 "Grantee": The holder of any franchise to operate and
maintain a system, its agents, employees, lawful successors,
transferees or assignees.
8-3.18 "Gross Revenues" : Any revenue derived directly or
indirectly by Company, its affiliates, subsidiaries, parent and
any person in which Company, as Grantee of this Franchise, has a
financial interest of twenty-five percent (25%) or more from or
in connection with the operation of the System in the City of
Jefferson'. Missouri, including but not limited to, basic
subscriber service monthly fees, pay cable fees, installation and
reconnection fees, leased channel fees, converter rentals,
converter sales and advertising revenues. This term does not
include any taxes on services furnished by Company and imposed
directly upon any subscriber or user by the state, city or other
governmental unit and collected by Company on behalf of said
governmental unit.
8-3.19 "Initial Service Area" : The area served by the Company on
the date a Franchise Agreement is executed.
8-3.20 "Ordinance": This Ordinance of the City of Jefferson,
Missouri, and all amendments thereto.
8-3.21 "Person": Any corporation, partnership, proprietorship,
individual or organization authorized to do business in the State
of Missouri, or any natural person.
8-3.22 "Public Property": Any real property owned by City or any
other governmental unit, other than a street.
8-3.23 "Resident" : Any person residing in the City as otherwise
defined by applicable law.
8-3.24 "Street": The surface of and the space above and below
any public street, road, cartway, highway, freeway, lane, path,
public way, alley, court, sidewalk, boulevard, parkway, drive or
any easement or right-of-way now or hereafter held by City which
shall, within its proper use and meaning in the sole opinion of
City, entitle Grantee to the use thereof for the purpose of
installing or transmitting over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances,
attachments and other property as may be ordinarily necessary and
pertinent to System.
8-3.25 "Subscriber": Any person or entity who subscribes to a
service provided by Company by means of or in connection with the
System and pays a fee unless such fee is lawfully waived.
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8-3.26 "System" : A facility, consisting of a set of closed
transmission paths and associated signal generation, reception,
and control equipment that is designed to provide cable service
which includes video programming and which is provided to
multiple subscribers within the City, but the term System does
not include ( 1) a facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(2 ) a facility that serves only subscribers in one or more
multiple unit dwellings under common ownership, control, or
management, unless such facility or facilities uses any public
right-of-way; (3) a facility of a common carrier which is subject
in whole or in part to the provisions of Title II of the Cable
Communications Policy Act of 1984, except that such facility
shall be considered a System to the extent such facility is used
in the transmission of video programming directly to subscribers;
or (4) any facilities of any electric utility used solely for
operating its electric utilities system.
8-3.27 "Without Service" : A material and substantial degradation
throughout the basic service tier or in one ( 1) or more premium
services.
ARTICLE 4
GRANT OF AUTHORITY AND GENERAL, PROVISIONS.
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8-4.01 Grant of Franchise.
Franchises shall be granted only pursuant to the terms and
conditions contained in this Chapter and shall be subordinate to
all applicable provisions of local, state and federal laws, rules
and regulations.
8-4.02 Authority for Use of Streets.
A. For the purposes of operating and maintaining a System in
City, the Franchise shall provide Grantee may erect, install,
construct, repair, replace, reconstruct and retain in, on, over,
under, across and along the streets within City such lines,
cables, conductors, ducts, conduits, vaults, manholes, ampli-
fiers, appliances, pedestals, attachments and other property and
equipment as are necessary and appurtenant to the operation of a
System, provided that all applicable permits are applied for and
granted, all fees paid and all other City codes and ordinances
are otherwise complied with.
B. Prior to construction or alteration, Grantee shall in each
case file plans with all appropriate City agencies and utility
companies and receive written approval of such plans from all
affected agencies & companies. Grantee shall provide a monthly
progress report to Commission through the completion of con-
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struction or alteration. For purposes of this Section,
construction or alteration shall refer to major improvements or
changes to Grantee's system which involve one or more of the
following:
1) Interruption of service to more than one subscriber;
2) Work over, under or upon any street;
3) Work requiring digging, -trenching or other disturbance of
the streets, public rights of way or easements; or
4) Changes or additions to System components including, but not
limited to, antennae, towers, earth stations, satellite
receivers, microwave receivers, broadcasters and repeaters,
and related fixtures and appurtenances serving the City.
C. Grantee shall construct and maintain the System so as not to
interfere with other uses of streets. Grantee shall make use of
existing poles and other facilities available to Grantee.
Grantee shall individually notify in writing all residents
affected by proposed construction prior to the commencement of
that work.
D. Notwithstanding the above grant to use streets, no street
shall be used by Grantee if City, in its solo: discretion,
determines that such use is inconsistent with the terms,
conditions or provisions by which such street was created or
dedicated or is presently used.
8-4.03 Franchise Term.
A Franchise shall commence upon the effective date of its
adoption by the City Council and shall expire seven (7) years
thereafter, unless .renewed or terminated sooner as provided by
this Chapter.
8-4.04 Franchise Non-Exclusive.
A. Any Franchise granted in accordance with this Chapter is non-
exclusive. City specifically reserves the right to grant, at any
time, additional franchises for a System as it deems appropriate.
City also reserves the right to grant one ( 1) or more franchises
for the provision of specifically defined services, including but
not limited to, institutional communications services and
interactive residential services.
B. Grantees of franchises granted in accordance with this
Chapter may be required to make available at least one ( 1 )
channel for public, educational and governmental access. When.
not in use such channel may be used by Grantee for other purposes
or programming.
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C. Within six ( 6) months after the grant of an additional
franchise, the City and the holders of franchises granted under
this Chapter shall meet and begin work on a plan for effecting an
interconnection of the facilities of all Grantees for the
purposes of cablecasting a common signal for the purposes of
government access and use. Within two (2) years of the initial
meeting of the City and all Grantees , the plan for
interconnection shall be submitted to the City Council for
approval and adoption. The plan for interconnection shall
include, but need not be limited to, a technical description of
the proposed interconnection, a timetable for :implementation,
guidelines for use of the interconnection, and allowance for
interconnection with future Grantees. The costs of the
construction and operation of the interconnection shall be shared
equitably by all Grantees.
D. Grantee shall provide one ( 1) cable drop to any government or
school building which the City requests for the purpose of
providing basic service. No installation or monthly charge shall
be made for this service. If more than one ( 1 ) drop is
requested, it shall be provided at the cost of materials and at
no monthly charge. The System shall be capable of providing live
broadcasts from any city building, as designated by Grantor_, at
the time public, educational, governmental access programming, if
established, becomes operative.
8-4.05 Cable Communications Franchise Required.
No System shall be allowed to occupy the public right of way or
use the streets . or other public property of City or be allowed to
operate within the City without a cable communications franchise.
8-4.06 Police Powers.
Grantee's rights hereunder are subject to the police power of
City to adopt and enforce general ordinances necessary to the
safety and welfare of the public. Grantee shall comply with all
applicable general laws and ordinances enacted by City pursuant
to that power. Any conflict between the provisions of this Fran-
chise and any other present or future lawful exercise of City's
police powers shall be resolved in favor of the provisions which
provide the greatest benefit to City.
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ARTICLE 5
CONSTRUCTION PROVISIONS.
8-5.01 Permits.
A. Grantee shall obtain a permit from the Department of Public
Works before commencing construction or alteration of System,
including the opening or disturbance of any street, sidewalk,
driveway or public place. Any and all streets which are
disturbed or damaged during the construction, alteration,
operation, maintenance or reconstruction of System shall be
promptly repaired by Grantee, at its expense, and to the
satisfaction of City.
B. Failure of Grantee to obtain a permit or failure of the
Grantee to meet the conditions of any applicable city permit with
respect to disturbance of a street shall be both a violation of
this Chapter and the appropriate permit ordinance.
8°5.02 Construction Codes.
All wires, conduits, cable and other property and facilities of
Grantee shall be located, constructed, installed and maintained
in compliance with applicable codes. Grantee shall keep and
maintain all of its property so as not to unnecessarily interfere
with the usual and customary trade, traffic or travel upon the
streets and public places of the City or endanger the lives or
property of any person. In the event of such interference, City
may require -the removal of Grantee ' s lines, cables and
appurtenances from the street or property in question. All costs
and expenses of the removal shall be borne by the Grantee. City
shall have the right to inspect all construction or installation
work performed subject to the provisions of the Franchise and to
make such tests as it shall find necessary to ensure compliance
with the terms of the Franchise and pertinent provisions of law
and ordinances that are applicable.
8-5.03 Reservation of Street Rights.
A. Nothing in the Franchise shall be construed to prevent City
from constructing sewers, grading, paving, repairing or altering
any street, or laying down, repairing or removing water mains, or
constructing or establishing any other public work. All such
work shall be done, insofar as practicable, in such manner as not
to obstruct, injure or prevent the free use and operation of the
poles, wires, conduits, conductors, pipes or appurtenances of
Grantee.
B. Except in an emergency, if any such property of Grantee shall
interfere with the construction or repair of any street or
improvement, thirty (30) days ' written notice shall be given to
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Grantee by City and all such poles, wires, conduits or other
appliances and facilities shall be removed or replaced by Grantee
in such manner as shall be directed by City so that the same
shall not interfere with the said public work of City, and such
removal or replacement shall be at the expense of Grantee. In
case of emergency, Grantee shall respond immediately to a request
to remove or replace such facilities, and shall. do so at its own
expense.
8-5.04 Repair of Streets and Property.
In Constructing, operating, maintaining and testing System,
Grantee shall refill and compact, at its own expense, any
excavation that shall be made and shall leave all streets and
property, whether it be public or private, in as good a. condition
as that prevailing prior to said work, and without affecting,
altering or disturbing, in any way, electric, telephone or
utility cables, wires or attachments. The City shall have the
right to inspect and approve -the condition of all streets and
property after said work.
8-5.05 Undergrounding of Cable.
The placement of cables underground is encouraged. In any event,
cables passing under any street shall be installed in underground
conduit. Previously installed aerial cable shall be placed
underground in concert with all other utilities, when all other
utilities may convert from aerial to underground construction.
Grantee shall place cable underground in newly platted areas
where all other utilities are underground as soon as practicable.
When cable is undergrounded, it shall be buried to a depth of at
least twenty-four (24) inches on City right-of-way and to a depth
of at least twelve (12) inches on private property and shall be
adequately convered and compacted upon completion and shall be
subject to inspection and approval by the City. City shall
notify Grantee of all pending changes from aerial to underground
utility installations.
8-5.06 Trimming of Trees.
Grantee shall have the authority to trim trees upon and
overhanging streets, berms, alleys, sidewalks and public places
of City so as to prevent the branches of such trees from coming
in contact with the wires and cables of Grantee. Grantee shall
give a minimum of forty-eight (48 ) hours advance notice to
affected residents and City. Upon request of City, all trimming
shall be done with the approval and under the supervision and
direction of City and shall be in accordance with generally
accepted pruning practice.
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B-5.07 Street Vacation or Abandonment.
In the event any street or portion thereof used by Grantee shall
be vacated by City or the use thereof discontinued by Grantee
during the term of the Franchise, Grantee shall forthwith remove
its facilities therefrom unless specifically permitted to
continue the same, and on the removal thereof restore, repair or
reconstruct the street area where such removal has occurred, and
place the street area where such removal has occurred in such
condition as may be required by City.
8-5.08 Movement of Facilities.
In the event it is necessary temporarily to move or remove any of
Grantee ' s wires, cables, poles, or other facilities placed
pursuant to the Franchise, in order lawfully to move a large
object, building or other structure over the streets of City,
Grantee, upon notice of not less than ten ( 10) days, shall move,
at the expense of the person requesting the temporary removal,
such facilities as may be required -to facilitate such movements.
Grantee reserves the right to require payment in advance for such
moving services. Additionally, any service disruption sections
of the Franchise Agreement shall not apply in the Event that the
removal of Grantee's wires, cables, poles or other facilities
results in temporary service disruptions. However, if the removal
will result in a temporary service interruption of more than (2)
hours, Grantee shall give notice to subscribers by publishing an
announcement for five ( 5 ) consecutive days in a newspaper
published in the City and qualified to publish legal notice that
there will be a service interruption.
8-5.09 Erection of Poles Prohibited.
Grantee shall not erect, for any reason, any pole on or along any
street in an existing aerial utility system. if additional poles
in an existing aerial route are required, Grantee shall arrange
with the applicable utility for the installation of the needed
poles. Any such additional poles shall require the advance
written approval of the Commission.
8-5.10 Non-compliance with Construction Provisions.
In the event of failure, neglect or refusal of Grantee to comply
with the provisions of this Article, after an inspection and ten
(10) days notice by City directing compliance, the City may do or
cause to be done any work required to restore or repair any
street or property, to alleviate interference with the use of any
street or property or other public work, to underground cable, to
move or remove facilities of the Grantee or to perform any other
work deemed necessary by City due to the failure, neglect or
refusal of the Grantee. All costs and expenses of the work
performed by City shall be paid by Grantee. Costs and expenses
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charged against the Grantee pursuant to this section shall be in
addition to any penalties imposed by City or any other remedies
available to City under the provisions of this Chapter or the
Franchise Agreement.
ARTICLE 6
GENERAL ADMINISTRATION.
8-6.01 Franchise Fee and Annual Reports.
City shall have the authority to collect a franchise fee and to
audit Grantee's accounting and financial records upon reasonable
notice as set forth in the Franchise Agreement. Grantee shall
file with City a certified audited report of gross revenue and
other information as set forth in the Franchise Agreement on at
least an annual basis.
6-6.02 Maintenance and Complaints.
A. A toll-free or collect telephone number for the reception of
complaints shall be provided to subscribers, and Grantee shall
maintain a repair service capable of responding to subscriber
complaints or requests for repairs, maintenance, adjustments or
installations within twenty-four (24) hours after receipt of the
complaint or request. Grantee shall investigate and resolve all
complaints regarding quality of service, equipment malfunction,
billing disputes and other matters pursuant to the procedure set
forth in the Franchise Agreement. If the Grantee is unable to
repair the service or resolve the complaint within twenty-four
( 24 ) hours, Grantee shall notify in writing subscriber and
Coi7imission the reason or reasons for the delay and when service
will be restored or when the complaint will be resolved.
H. Grantee shall bear the costs included in resolving the
complaint or making such repairs, maintenance, adjustments or
installations unless such repairs are necessary due to neglect or
abuse of the subscriber. All costs for repairs necessary due to
neglect or abuse of subscriber shall be borne by the subscriber.
Grantee may charge according to its actual cost for time and
material.
C. City may cause the telephone company serving Grantee to test
the capacity of telephone lines based on volume of calls that may
be received by the Grantee ' s business office in order to
determine the availability of adequate telephone lines and
personnel -to serve incoming calls. The test shall include a
reading of the percentage of busy signals received by persons
calling the business office and of the answering time of
Grantee's office personnel. In the event the test results show
that three percent (3%) or more of all callers receive a busy
signal or that office personnel are not able to answer a
telephone call within twenty (20) seconds, City may require, at
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Grantee's cost, the installation of additional telephone lines or
the hiring of additional office personnel on a permanent or
temporary basis.
D. The Grantee shall submit to the Franchise Administrator on or
before the tenth day of each month the sex-vice complaint log for
the preceding month. The service log shall contain the name and
address of the subscriber, the nature of the complaint or
request, the date on which the complaint or request was received,
the date on which the complaint or request was .resolved and the
date on which confirmation that the complaint or request was
resolved was made. In order that subscriber complaint or request
information may be provided to City, the Grantee shall include in
the monthly statements to present subscribers and shall obtain
from new subscribers at the time cable service is requested a
signed statement that in the event that the subscriber makes a
service call to the Grantee, the Grantee has permission to
release the service call information to City.
8-6.03 hates and Other Charges.
A. Rates and charges charged by Grantee for monthly service and
installation and all other charges hereunder shall be uniform,
except that Grantee may offer both its initial and additional
installation services to subscribers at uniformly applied
reduced rates.
Aft B. Grantee shall file all rates and charges with the Commission
before the Franchise is granted. Prior to implementing any rate
increase for any service not subject to local rate regulation,
other than pay cable services, Grantee shall give the following
notice:
1. At least sixty ( 60) days advance written notice to
Commission;
2. At least thirty (30) days advance written notice to
subscribers of that service; and
3. Publication in a newspaper published in the City
and qualified to publish legal notice of the rate
increase and the effective date of the new rate at
least once per week for two ( 2) consecutive weeks.
C. In the event that provisions of the Cable Communications
Policy Act of 1984, Pub. L. No. 98-549, 98 5tat. 2779 ( 1984 ), or
any other law or amendment regulating cable communications is
invalidated, any increase in rates or other charges shall be
subject to the approval of the City.
D. In the event that City obtains waivers from the FCC relating
to the existence of a natural cable television monopoly within
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Kam
TABLE OF CONTENTS
CABLE TELEVISSION ORDINANCE
ARTICLE 1 . . . . . . . . . . . . . . 1
STATEMENT OF INTENT AND PURPOSE , FRANCHISE
APPLICATIONS, AGREEMENTS. . . . . . . . . . . . . 1
8-1.01 Statement of Intent and Purpose: . . . . . 1
8-1.02 Franchise Processing Cost: . . . . . . . . 1.
8-1.03 Franchise Agreement: . . . . . . . . . . . 2
ARTICLE 2 . . . . . . . . . . . . . . . . . . . . .
. . L
SHORTTITLE. . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE3 . . . . . . . . . . . . . . . . . . . . . . . 2
DEFINITIONS. . . . . . . 2
8-3.01 "Basic Service" : , . 2
8-3.02 "Channel" : . . . . . 2
8-3.03 "Class IV Cable Communications Channel" : 2
8-3.04 "City": . . . . . . . . . 2
8-3.05 "City Council" . . . . . . . . . . . 3
8-3.06 "Commission" : . . . . . . . . . . . . . . . 3
8-3.07 "Company" : . . . . . . . . . . . . . . . 3
8-3.08 "Connection" : . . . . . . . . . . . . . . . 3
8-3.09 "Converter" : . . . . . . . . . . . . . . . 3
8-3.10 "Days" : . . . . . . . . . . . . 3
8-3.11 "Density Per Cable Mile" : . . . . . . . . . 3
8-3.12 "Drop" : . . . . . . . . . . . . . . . . . . 3
8-3.13 "FCC" : . . . . . . . . . . . . . . . . 3
8-3.14 "Franchise" : . . . . . . . . . . . . . . . 3
8-3.15 "Franchise Administrator" : . . . . . . . . . . . . . 4
8-3.16 "Franchise Agreement" : . . . . . . . . . . 4
8-3. 17 "Grantee" : . . . . . . . . . . . . . . 4
8-3.18 "Gross Revenues" : . . . . . . . . . . 4
8-3. 19 "Initial Service Area" : . . . . . . . . . . 4
8-3.20 "Ordinance" : . . . . . . . . . . . . . . . 4
8-3.21 "Person" : . . . . . . . . . . . . . . . 4
8-3.22 "Public Property" : . . . . . . . . . . . . 4
8-3.23 "Resident" : . . . . . . . . . . . . . . . . 4
8-3.24 "Street" : . . . . . . . . . . . . . . . 4
8-3.25 "Subscriber" : . . . . . . . . . . . . . . . 5
8-3.26 "System" : . . . . . . . . . . . . . . . 5
8-3.27 "Without Service" : . . . . . . . 5
ARTICLE 4 . . . . . . . 5
GRANT OF AUTHORITY AND GENERAL PROVISIONS. . . . . . . 5
8-4.01 Grant of Franchise. . . . . . . . . . . 5
8-4.02 Authority for Use of Streets. . . . . . . 5
8-4.03 Franchise Term. . . . . . . . . . . . . . 6
8-4.04 Franchise Non-Exclusive. . . . . . . . . . 7
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8-4.05 Cable Communications Franchise Required. 7
8-4.06 Police Powers. . . . . . . « . . . . 8
ARTICLE5 . . . . . . . . . . . . . . . . . . . . . . 8
CONSTRUCTION PROVISIONS. . . . . . . . . . . . . . . . 8
8-5.01 Permits. . . . . . . . . 8
8-5.02 Construction Codes. . 8
8-5.03 Reservation of Street Rights. . . . . . . 9
8-5.04 Repair of Streets and Property. . . . . . . 9
8-5.05 Undergrounding of Cable. . . . . « 9
8-5.06 Trimming of Trees. . . . . . . . 10
8-5.07 Street Vacation or Abandonment. . . . . . . 10
8-5.08 Movement of Facilities. . . . . . . . . . . 10
8-5.09 Erection of Poles Prohibited. . . . . . . . 10
8 - 5 . 10 Non- compliance with Construction
Provisions. . . . . . . . . . . . . . . . . . 11
ARTICLE 6 . . . . . . . . . 11
GENERAL ADMINISTRATION. . . . . . . . . . . . . . . . . 11
8-6.01 Franchise Fee and Annual Reports. . . . . . 11
8-6.02 Maintenance and Complaints. . . . . . . . . 11
8-6.03 Rates and Other Charges. . . . . . . . . . 12
ARTICLE7 . . . . . . . . . . . . . . . . . . . . . . . . . 14
GENERAL FINANCIAL AND INSURANCE PROVISIONS. . . . . . . 14
8-7.01 Letter of Credit. . . . . . 14
8-7.02 Liability Insurance and Indemnification. 14
8-7.03 Duty to Grantee. . . . . . . . . . . 14
ow
ARTICLE 8 . . . . . . . . . . . . . . . . . . . . . . . . . 15
REVOCATION, ABANDONMENT, PURCHASE AND REMOVAL OF THE
SYSTEM. . . . . . . . . ` . . 15
8-8.01 Cit, : . Right to Revoke. . . . . . . . . . . 15
8-8.02 Procedures. . . . . . . . . . . . . . . . 15
8-8.03 Removal of System. . . . . . . . . . . . . 16
8-8.04 Purchase. . . . . . . . . . . . . . . . . 16
8-8.05 Abandonment. . . . . . . . . . . . . . . . 16
ARTICLE9 . . . . . . . . . . . . . . . . . . . . . . . . . 17
RIGHTS OF INDIVIDUALS PROTECTED. . . . . . . . . . . . 17
8-9.01 Monitoring Subscriber Viewing. . . . . . . 17
8-9.02 Sale of Subscriber Lists Prohibited. . . . 17
8-9.03 Protection of System Integrity. . . . . . . 17
8-9.04 Discrimination Prohibited. . . . . . . . . 18
8-9.05 Program Selection. o . 18
ARTICLE 10 . . . . . . . . . . . 18
FORECLOSURE AND RECEIVERSHIP. . . . . . . . . . . . . . 18
8-10.01 Foreclosure. . . . . . . . . . . . . . . . 18
8-10.02 Receivership. . . . . . . . . . . . . . . 19
ii
ARTICLE11 . . . . . . . . . . . . . . . . . . . . . . . . . 20
MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . . 20
8-11.01 Compliance with saws. . . . . . . . . 20
8-11.02 Sale or Transfer of Franchise. . . . . . . 20
8-11.03 Franchise Renewal. . . . . . . 20
8-11.04 Administration of, the Franchise. . 20
8-11.06 Prohibited Acts. . . . . . . . . . . . . . 21
8-11.07 Continuity of Service. . . . . . . . . . . 22
8-11.08 Work Performed by Others. . . . . . . . . 22
8-11.09 No Recourse Against the City. . . . . . . 22
8-11.10 Separability - Non-Material Provisions. 22
8-11.11 Separability - Material Provisions. . . . 23
ARTICLE 12 . . . . . . . . . . . . . . . . . . . . . . . . . 23
FRANCHISE PROCEDURE. . . . . . . . . . . . . . . . . . 23
8-12.01 Request for Franchise. . . . . . . . . . 23
8-12.02 Grant of Franchise. . . . . . . . . . . 24
ARTICLE13 . . . . . . . . . . . . . . . . . . . . . . . . . 26
CABLE QUALITY COMMISSION. . . . . . . . . . . . . . . . 26
8-13.01 Commission created. . . 26
8-13.02 Members, Qualifications, Terms. 26
8-13.03 Meetings, Quorum, Attendance. . . . . . . 27
8-13.04 Action of the Commission. . . . . . . . . 27
8-13.05 Duties of the Commission. . . . . 28
8-13.06 Public, Educational and Governmental
Access Channel. . . . . . . . . . . . . . . . 29
8-13.07 Public Opinion Survey. . . . . . . . . . . 29
ARTICLE14 . . . . . . . . . . . . . . . . . . . . . . . . . 30
CERTIFICATION OF ORDINANCE . . . . . . . . . . . 30
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iii
17 1
the City of Jefferson, Missouri, any increase in rates or other
charges shall be subject to the approval of the City.
8-6.04 Other Business Activities of Grantee
During the period of the franchise, neither the Grantee nor any
of its affiliates, subsidiaries, parent organizations, officers,
directors or stockholders holding two percent ( 2%) or more of
outstanding stock of the Grantee shall, within the corporate
limits of the City or within ten ( 10) miles in any direction,
directly or indirectly engage in the retail sale, renting or
repairing of radio or television receivers, nor require any
subscriber to purchase, rent or lease radios or televisions at
any specific business renting, leasing or selling radios or
televisions or to utilize the services of any specific television
or radio service business for the repair or maintenance of the
subscriber's receivers, either radio or television, wheresoever
located. This provision does not prohibit the sale or servicing
of converters or addressable devices used to provide cable
service by Grantee.
8-6.05 Information to subscribers
The Grantee shall furnish each subscriber at the time service is
requested, written instructions that clearly set forth
information and procedures for making inquiries or complaints.
The information shall include, but not be limited to, the name,
address and local telephone number of the employee or employees
or agent to whom such inquiries or complaints are to be
addressed.
8-6.06 Formal Complaint Procedure
City shall ensure that all subscribers and members of the general
public have recourse to a public hearing before the Commission
regarding any complaints that have not been resolved to the
satisfaction of the person initiating the complaint. Grantee, a
subscriber or member of the general public may file an
application with the Commission requesting a hearing at the next
regular meeting of the Commission provided that ten (10) days
notice is given to all parties in interest. The Commission shall
resolve the complaint after all interested parties have presented
their positions. Any aggrieved person may appeal to the City
Council who shall determine the issue by majority vote.
ARTICLE 7
GENERAL FINANCIAL AND INSURANCE PROVISIONS.
8-7.01 Letter of Credit.
13
At the time the Franchise is granted and at all times thereafter
until Grantee has completed all of its obligations with City,
Grantee shall furnish a letter of credit or cash security fund
approved by City in such amount as City deems to be adequate
compensation for damages resulting from Grantee's nonperformance.
City may, from year to year, in its sole discretion, reduce the
amount of the letter of credit or security fund. The amount of
the letter of credit or security, fund shall be as set forth in
the Franchise Agreement.
8-7.02 Liability Insurance and Indemnification.
Grantee shall indemnify, defend and hold harmless City at all
times during the term of the Franchise, and maintain throughout
the term of the Franchise, liability insurance in such amount as
City may require insuring both City and Grantee with regard to
all damages and penalties which they may legally be required to
pay as a result of the exercise of the Franchise. Grantee shall
initially maintain insurance in such reasonable amounts as set
forth in the Franchise Agreement.
8-7.03 Duty to Grantee.
Nothing contained in the Franchise shall relieve any person from
liability arising out of the failure to exercise reasonable care
to avoid injuring Grantee's facilities while performing any work
connected with grading or changing the line of any street or
public place or with the construction or reconstruction of any
sewer or water system.
ARTICLE 8
REVOCATION, ABANDONMENT, PURCHASE AND REMOVAL OF THE SYSTEM.
8-8.01 City's Right to Revoke.
City reserves the right, in its sole discretion, to terminate and
cancel the Franchise and all rights and privileges of the
Franchise in the event of the occurrence of any of the following;
A. Grantee substantially violates any provision of this Chapter,
Franchise, or Franchise Agreement;
B. Grantee practices any fraud or deceit upon City;
C. Grantee threatens subscribers, city officials or employees or
any other person in regard to the provision or disconnection of
cable service;
14
BMWAMM
D. Grantee becomes insolvent, unable or unwilling to pay its
debts or any fees, charges or any sum of money owed to City or
any other person;
E. Grantee is adjudged bankrupt;
F. Grantee materially misrepresents a fact in the application
for, negotiation of or administration of the Franchise or
Franchise Agreement, or
G. Upon the conviction of any director, officer, employee or
agent of Grantee of the offense of bribery, fraud or extortion in
connection with or resulting from the awarding of the Franchise
or Franchise Agreement.
Nothing in the Franchise shall preclude termination of the
Franchise at any time by mutual agreement of both City and
Grantee.
8-8.02 Procedures.
A. City shall provide Grantee with a written notice of the cause
for termination and its intention to terminate the Franchise and
shall allow the Grantee a minimum of thirty (30) days after
service of the notice in which to correct the violation.
B. Grantee shall be provided with an opportunity to be heard at
a public hearing before Commission prior to the termination of
the Franchise. Commission shall hear any persons interested
therein, and shall determine, in its discretion, whether there
was a failure, refusal or neglect by the Grantee and whether it
was without just cause.
C. If such failure, refusal, or neglect by Grantee to comply
within such time was with just cause, City shall direct Grantee
to comply within such time and manner and upon. such terms and
conditions as are reasonable.
D. If City shall determine such failure, refusal, or neglect by
Grantee was without just cause, then City may, by Resolution,
declare that the Franchise of Grantee shall be terminated.
8-8.03 Removal of System.
Upon termination, forfeiture or expiration of the Franchise, if
not renewed, Grantee shall remove its cables, wires and
appliances from the streets and other public and private property
within City if City so requests, and City shall follow procedures
set forth in the Franchise Agreement in the event Grantee fails
to remove its cable, wires, and appliances from the streets and
other public and private property within City.
15
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8-8.04 Purchase.
Adbk
When System or the Franchise is offered fo:: sale or at the
termination of the Franchise, City shall have the right of first
refusal of any bona fide offer to purchase System in the manner
set forth in the Franchise Agreement. Grantee shall notify City
of its intent to accept a bona fide offer, and City shall have
thirty (30) business days to exercise its right on the same terms
and conditions as the bona fide offer.
8-8.05 Abandonment.
Grantee may not abandon any cable communications service or any
portion thereof without having given six ( 6) months prior_ written
notice to City. Further, Grantee may not abandon any cable
communications service or any portion thereof without
compensating City for damages resulting from the abandonment.
The amount of damages resulting from abandonment shall be
determined by City.
ARTICLE 9
RIGHTS OF INDIVIDUALS PROTECTED.
8-9.01 Monitoring Subscriber Viewing.
No signals of a Class IV Cable Communications Channel may be
transmitted from a subscriber terminal for purposes of monitoring
individual viewing patterns or practices without the express
written permission of the subscriber. Request for such per-
mission shall be contained in a separate document with a
prominent statement that the subscriber is authorizing the
permission with full knowledge of its provisions. Such written
permission shall be for a limited period of time not to exceed
one (1) year which may be renewed only at the option of the
subscriber. No penalty shall be invoked for the subscriber' s
failure to provide or renew such authorization. The
authorization shall be revocable at any time by the subscriber
upon written notice to Grantee without penalty of any kind
whatsoever. Such permission shall be required for each type or
classification of Class IV cable communications activity planned
for this purpose.
8-9.02 Sale of Subscriber Lists Prohibited.
No information or data obtained by monitoring transmission of a
signal from a subscriber terminal, or by any other means,
including but not limited to, lists of the names and addresses of
such subscribers or any lists that identify the viewing habits of
subscribers shall be sold or otherwise made available to any
party other than to Grantee and its employees for internal
16
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business use, or agents only in connection with Grantee ' s
business, and also to the subscriber who is a subject of that
information, unless Grantee has received specific written
authorization from subscriber to make such data available.
Request for such permission shall be contained in a separate
document with a prominent statement that the subscriber is
authorizing the permission with full knowledge of its provision.
The sale of any subscriber list, however generated, other than as
provided in this Chapter is also prohibited.
8-9.03 Protection of System Integrity.
Written permission from the subscriber shall not be required for
the conducting of system-wide or individually addressed
electronic sweeps for the purpose of verifying system integrity
or monitoring for the purpose of billings. Confidentiality of
such information shall be subject to the provision set forth
above in section 9.02.
8-9.04 Discrimination Prohibited.
A. Grantee shall not deny service, deny access, or otherwise
discriminate against subscribers, channel users, or general
citizens on the basis of .race, color, religion, national origin,
age or sex. 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
which are hereby incorporated and made part of this Chapter by
reference.
B. Grantee shall strictly adhere to the equal employment
opportunity requirements of the FCC and any other federal., state
and local laws and regulations, as amended from -time to time.
8-9.05 Program Selection.
A. All programs of broadcasting stations carried by the Grantee
shall be carried in their entirety as received, with
announcements and advertisements, and without additions. Grantee
shall provide to its subscribers the stereo broadcast signals of
broadcasting stations and channels offering stereo broadcasts.
B. Upon the request of a subscriber, a cable operator shall
provide, by sale or lease, a device by which the subscriber can
prohibit viewing of a particular cable service during periods
selected by that subscriber.
C. In the event that provisions of the Cable Communications
Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) , or
any other law or amendment regulating cable communications is
invalidated, requirements for specific programming services shall
be established by the City.
17
AMIN D. In the event that City obtains waivers from the FCC relating
to the existence of a natural cable television monopoly within
the City of Jefferson, Missouri, requirements for specific
programming services shall be established by the City.
ARTICLE 10
FORECLOSURE AND RECEIVERSHIP.
8-10.01 Foreclosure.
Upon the foreclosure or other judicial sale of all or a part of
System, or upon the termination of any lease covering all or part
of System, Grantee shall notify City of such fact and such
notification shall be treated as a notification that a change in
control of Grantee has taken place, and the provisions of the
Franchise governing the consent to transfer or change in
ownership shall apply without regard to how such transfer or
change in ownership occurred.
8-10.02 Receivership.
A. City shall have the right to cancel this Franchise one
hundred twenty ( 120) days after the appointment of a receiver or
trustee to take over and conduct the business of Grantee, whether
AML MR
in receivership, reorganization, bankruptcy or other action or
VW proceeding, unless such receivership or trusteeship shall have
been vacated prior to the expiration of said one hundred twenty
(120) days, or unless:
1 . Within one hundred twenty (120) days after his
election or appointment, such receiver or trustee
shall have fully complied with all the provisions
of the Franchise and remedied all defaults
thereunder; and
2. Such receiver or trustee, within said 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 the Franchise.
B. In the case of a foreclosure or other judicial sale of the
plant, property and equipment of the Grantee, or any part
thereof, City may serve notice of termination upon the Grantee
and the successful bidder at such sale, in which event the
Franchise granted and all rights and privileges of the Grantee
hereunder shall cease and terminate thirty ( 30) days after
service of such notice, unless:
18
1. City shall have approved the transfer of this
Franchise; and
2. Such successful bidder shall have covenanted
and agreed with City to assume and be bound by all
the terms and conditions of this Franchise.
ARTICLE 11
MISCELLANEOUS PROVISIONS.
8-11.01 Compliance with Laws.
Grantee shall conform with all the state laws and rules regarding
cable communications pursuant to the effective date of such laws
and rules. Grantee shall conform with all federal laws and
regulations regarding cable communications as they become
effective. Grantee shall also conform with all City ordinances,
resolutions, rules and regulations heretofore or hereafter
adopted or established during the entire term of the Franchise.
8-11.02 Sale or Transfer of Franchise.
The sale or transfer of the Franchise or sale or transfer of
stock so as to create a new controlling interest is prohibited,
except with the approval of City, which approval shall not be un-
reasonably withheld, and such sale or transfer is completed as
set forth in the Franchise Agreement.
8-11.08 Franchise Renewal.
Any Franchise granted in accordance with this Chapter may be
renewed by City upon application of Grantee and in accordance
with the Then applicable City, State and Federal law.
8-11.04 Administration of the Franchise.
A. The City Administrator of the City, or his designee, shall be
responsible for the continued administration of the Franchise.
B. City shall have continuing regulatory jurisdiction and
supervision over System and Grantee ' s operation under the
Franchise. City may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of System
as are consistent with the provisions of the Franchise.
C. Grantee shall construct, operate and maintain the System
subject to the supervision of the City and in strict compliance
with all laws, ordinances, departmental rules and regulations
affecting System.
19
D. System and all parts thereof shall be subject -to the right of
periodic inspection by City.
5-11.05 Grantee Operating Procedures.
Grantee shall establish such rules, regulations, operating
procedures, terms and conditions governing the conduct of its
business as shall be reasonably necessary 'to enable the Grantee
to exercise its rights and perform its obligations under the
Franchise and to assure uninterrupted service to all subscribers.
Such rules, regulations, operating procedures, terms and
conditions shall not be in conflict with the provisions of this
Chapter or applicable local, state and federal laws, rules and
regulations. All rules, regulations, operating procedures, terms
conditions shall be submitted to the Commission for its review
and approval.
8-11.O6 Prohibited Acts.
Exclusive of contractual damages or other rights in law or
equity, a violation of any provision of this Chapter is
enforceable by City, and punishable as provided in Section 1-13
of the Code of the City of Jefferson, Missouri, unless a
different penalty is provided by this Chapter.
A. From and after the effective date of this Chapter, it shall
be unlawful for any person to establish, operate or to carry on
am
IWF the business of distributing to any persons in the City any
television signals or radio signals by means of a System unless a
franchise therefor has first been obtained pursuant to the
provisions of this Chapter, and unless such franchise is in full
force and effect.
H. From and after the effective date of this Chapter, it shall
be unlawful for any person to construct, install, establish,
operate or maintain within any public street in City, or within
any other public property of City, or within any privately owned
area within City which has not yet become a public street but is
designated or delineated as a proposed public street on any
tentative subdivision map approved by City, any equipment or
facilities for distributing any television signals or radio
signals through a System, unless a franchise authorizing such use
of such street or property or area has first been obtained and
unless such franchise is in full force and effect.
C. It shall be unlawful for any person, firm or corporation to
make any unauthorized connection, whether physically,
electrically, acoustically, inductively* or otherwise, with any
part of a franchised System within City for the purpose of taking
or receiving or enabling himself or others to take or receive any
® 20
television signal, radio signal, picture, program, sound, or data
transmission, without payment to the owner of said System.
D. It shall be unlawful for any person, without the consent of
the owner, to willfully tamper with, remove or injure any cables,
wires or equipment used for distribution of television signals,
radio signals, pictures, programs, sound, or data transmissions.
8-11.07 Continuity of Service.
Upon either the expiration or revocation of a franchise, City may
require Grantee to continue to operate System for an extended
period of time not to exceed six (6 ) months from the date of such
expiration or revocation unless extended by City resolution.
Grantee shall, as trustee for its successor in interest, continue
to operate System under the terms and conditions of this Chapter
and the Franchise Agreement, to provide the regular subscriber
service and any and all of the services that may be provided at
that time, and to collect all revenues due and pay all fees and
charges due as a result of such operation. In the event Grantee
does not so operate the System, City may take such steps as it,
in its sole discretion, deems necessary to assure continued
service to the subscribers.
8-11.08 Work Performed by others.
A. Grantee shall give notice to City specifying the names and
addresses of any other entity including but not limited to,
subsidiaries, subcontractors, suppliers other than Grantee, which
performs services pursuant to the Franchise, provided, however,
that all provisions of the Franchise remain the responsibility of
Grantee.
B. All provisions of the Franchise shall apply to any entity
performing any work or services pursuant to the provisions of the
Franchise.
8-11.09 No Recourse Against the City.
Grantee shall have no recourse whatsoever against City or its
officials, agents or employees for any loss, costs, expense or
damage arising out of any provision or requirement of the
Franchise or because of -the enforcement of the Franchise.
8-11.10 Separability - Non-Material Provisions.
If any provision of this Chapter is held by any court or by any
federal, state, or county agency of competent jurisdiction to be
invalid as conflicting with any federal, state, or county law,
rule or regulation now or hereafter in effect, or is held by such
court or agency to be modified in any way in order to conform to
the requirements of any such law, rule or regulation, and if said
27.
provision is considered non-material by City, said provision
Ah shall be considered a separate, distinct and independent part of
this Chapter, and such holding shall not affect the validity and
enforceability of all other provisions hereof. In the event that
such law, rule or regulation is subsequently repealed, rescinded,
amended or otherwise changed, so that the provision hereof or
thereof which had been held invalid or modified is no longer in
conflict with the law, rules and regulations then in effect, said
provision shall thereupon return to full ford, and effect and
shall thereafter be binding on Grantee and City hereto, provided
that City shall give Grantee thirty (;30) days written notice of
such change before requiring compliance with said provision.
8-11.11 Separability - Material Provisions.
If any material section of this Chapter, as determined by City,
is held to be invalid or preempted by federal or state regu-
lations or laws, City shall negotiate with Grantee appropriate
modifications to the Chapter to provide reasonable relief from
such invalidity or preemption, including the payment of
liquidated damages. If City and Grantee arts unable to reach
agreement on such modifications, then City may enact
modifications that best serve to meet the needs and interests of
the community while guaranteeing duality service to the
community. If Grantee fails to comply with the modifications,
City may commence revocation proceedings in accordance with
Article 8 of this Chapter.
ARTICLE 12
FRANCHISE PROCEDURE.
8-12.01 Request for Franchise.
A. Any person desiring to establish, operate or renew a System
shall request, in writing, a Franchise for the System from the
City Council. Such request shall include:
1 . Identification of applicant and ownership
information and qualifications and proof of
authorization to do business in Missouri;
2. Financial resources and commitments;
3 . A detailed description of proposed services,
service area, public access, government access,
programming, and rates;
4. A detailed construction schedule for serving the
proposed service area;
22
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5. System design and technical standards, including
performance tests and maintenance procedures;
6. Experience in cable operations;
7. Projections of revenue and expenses by specific
source and use, anticipated capital expenditures, and
depreciation schedule and justification;
8. A description of how the proposed sys+.em will
respond to local needs, how the system will co�atribute
to public and community service institutions, and how
the system will contribute to local economic
development; and
9. Acceptance of the provisions and requirements of
this Chapter.
8-12.02 Grant of Franchise.
A. If the City Council determines the request for a Franchise
meets the following minimum criteria, it shall grant the
Franchise:
1. The request is complete and includes all necessary
and required information;
AIL
2 . The financial resources and commitments are
sufficient to reasonably assure the proposed system
will be constructed and operated;
3. The legal qualifications of the applicant to own,
construct and operate a system within the City is
established.
4. At least one-half of the proposed service area is
scheduled to be served in the first year, three-fourths
by the end of the second year, and the remainder by the
end of the third year.
5. The Franchise will not adversely affect the public
health, safety and welfare taking into account, but not
limited to, any burden, nuisance or other adverse
effect such Franchise will have on the streets and
public property of the City.
6. The needs and interests of the community will be
met by the Grantee, including but not limited to,
present and future needs and interests relating to
public, educational and government access programming;
the provision of other programming as provided in the
23
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Franchise Agreement; and the provision of cable service
to all citizens of the community.
7. The Grantee shall provide adequate equipment,
facilities and customer service personnel to respond to
subscriber or potential subscriber requests in a timely
and efficient manner, including but not limited to the
establishment and publication of standard office
procedures for resolution of complaints relating to the
provision of service or billing; procedures for the
installation and disconnection of cable service; and
access to the business office of Grantee.
B. Grantee shall accept the Franchise, and Franchise Agreement
in form and substance acceptable to City. Upon acceptance of the
Franchise, and Franchise Agreement, Grantee shall be bound by all
its terms and provisions.
C. Grantee shall have continuing responsibility for the
Franchise, and Franchise Agreement, and if Grantee be a
subsidiary or wholly owned corporate entity of a parent
corporation, performance of the Franchise and Franchise Agreement
shall be secured by a guaranty of the parent corporation in form
and substance acceptable to City, which shall be delivered at
time of, and as part of, acceptance of the Franchise.
D. With its acceptance, Grantee shall deliver to City true and
correct copies of documents creating Grantee and evidencing its
power and authority to accept the Franchise. Further, such
documents shall describe officers authorized to execute the
Franchise on behalf of Grantee.
E. With its acceptance, Grantee shall also pay all costs and
expenses incurred by City incidental with the renewal or award of
the Franchise. City shall provide an itemized statement to
Grantee. Costs or expenses of City not identified at that time
shall be paid promptly by Grantee upon receipt of an itemized
statement from City. It is the intent of City and Grantee that
City be reimbursed for all costs and expenses incidental with the
granting of the Franchise including any subsequent expenses due
to delays or litigation pertaining to the grant of the Franchise.
F. All letters of credit, insurance contracts, bonds and
guarantees required of Grantee by the Franchise shall be
delivered with the acceptance.
G. Upon the delivery of the above described documents and within
sixty ( 60) days of acceptance of the Franchise, City and Grantee
shall execute the Franchise Agreement.
H. Grantee's specific understandings, agreements, commitments,
offers, promises, representations and inducements to the City
24
shall be embodied in and incorporated into the Franchise
Agreement to be entered into between City and Grantee based upon
the authority granted pursuant to this Chapter. In the event of
conflict or discrepancies between any parts of the Agreement
entered into between City and Grantee or this Chapter, those
provisions which provide the greatest benefit to City, in the
opinion of City, shall prevail. In the event the Agreement is
not entered into and executed by both the City and Grantee or for
any other failure to complete the acceptance as provided for in
this section, the proposed Franchise shall be void, and City
shall have no further obligations to Grantee and Grantee shall
have no claim in law or equity against City.
I. City, from time to time, reserves the right to amend this
Chapter. Grantee, by acceptance of the Franchise consents to and
agrees to be bound by any such amendment upon receipt of
notification of such change.
ARTICLE 13
CABLE QUALITY COMMISSION.
8-13.01 Commission created.
There is hereby created a Cable Quality Commission.
8-13.02 Members, Qualifications, Terms.
A. The Commission shall be comprised of seven (7 ) members, all
of whom shall be registered voters residing in the City of
Jefferson, Missouri. Six ( 6) members shall be appointed by the
Mayor from the citizens at large with the approval of the City
Council. At least one ( 1) member shall be appointed from each
ward. One (1) member shall be a City Council member elected by
the City Council to serve for a one (1) year -term. The initial
terms of the members appointed from -the citizens at large shall
be as follows:
Two (2) members to serve for a one ( 1 ) year term;
Two (2) members to serve for a two (2) year term;
Two (2) members to serve for a three (3) year term;
Thereafter, all commission members shall serve full three-year
terms. Any vacancies on the commission shall be filled by
appointment and approval in 'like manner for the unexpired term.
All members shall continue to serve until their successors shall
have been appointed and qualified.
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B. No employee of the City of Jefferson, Missouri, nor any
person with any ownership .interest in a cable franchise shall be
eligible for appointment to the Commission.
C. The members of the Commission shall elect a Chairperson from
among their membership at the first meeting after all
appointments are made who shall serve for a one ( 1) year term.
The Chairperson thereafter shall be elected for a one (1 ) year
term each year at the First meeting after new appointments to the
Commission have been made. Such other officers that the
Commission deems necessary may be elected.
D. A member of the City staff shall be assigned to assist the
Commission in its duties. A representative from all Grantee's
business offices shall attend each meeting to provide
clarification or information to the Commission.
E. The appointed members of the commission shall receive no
compensation, but shall receive reimbursement for cost incurred
with their service.
8-13.03 Meetings, Quorum, Attendance.
A. Meetings of the Commission shall be held one a regular monthly
basis or at any other time deemed necessary by the Commission, at
a time and place to be determined by the Commission. A notice
and agenda shall be sent to the Franchise Administrator and to
all Grantees.
B. A quorum for the transaction of business shall be four (4) of
the members of the Commission.
8-13.094 Action of the Commission.
Any action of the Commission shall require the affirmative vote
of four (4) members.
13.05 Duties of the Commission.
The Commission shall have the following duties and functions:
A. Act as a board of review for any disputes between a
subscriber or member of the general public and Grantee.
B. Monitor and review all documents that Grantee is required to
file with City to determine compliance with the provisions of
this Chapter, the Franchise Agreement and any other applicable
law, rule or regulation.
C. Monitor and document Grantee ' s performance under the
franchise to determine compliance with the provisions of this
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Chapter, the Franchise Agreement and any other applicable law,
rule or regulation.
D. Assess any penalties imposed on Grantee as a result of the
violation of any provision of this Chapter or the Franchise
Agreement.
E. Investigate complaints from subscribers or members of the
general public regarding Grantee's performance or the provision
of cabla service.
F. Conduct investigations on matters which may constitute
grounds for revocation of the franchise.
G. Report to and make recommendations to the City Council
regarding matters which may constitute grounds for revocation of
-the franchise.
H. Procure and coordinate any necessary consulting services to
assist in the evaluations and tests of the system required by
this Chapter and the Franchise Agreement.
I. Develop and manage the activities of public, educational,
governmental and any other_ local access programming.
J. Coordinate the interconnection of cable systems when
interconnection of systems is appropriate.
K. Make a semi-annual report to the City Council of the
activities of the Commission, including but not limited to a
review of Grantee's compliance with the terms of the franchise,
recommendations for amendments to the franchise and any other
matter relating to the provision of cable service to the
community.
L. Comply with any other duties assigned to it by the City
Council.
3-13.06 Public, Educational and Governmental Access Channel.
A. The Commission shall have the following functions as
management entity for public, educational and governmental access
programming:
1 ) Responsibility for program production for and management of
the Public Access Channel and all other channels as may in
the Franchise Agreement be designated for community-based
programming.
2) To assure the Public Access Channel(s) are made available to
all residents of the City on a non-discriminatory, first-
come, first-served basis.
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3) To assure no censorship or control over program content of
the Public Access Channel(s) exist, except as is necessary
to comply with the prohibition of material that is obscene.
4) To devise, establish and administer all rules, regulations
and procedures pertaining to the use and scheduling of the
Public Access Channel(s) not in conflict with this Chapter.
5) To prepare, in conjunction with the Grantee, such regular or
special reports as may be required or desirable.
6) To hire and supervise staff.
7) To make all purchases of materials and equipment that may be
required.
8) To develop additional sources of funding, such as foundation
or federal or state grants, to further community
programming.
g) To perform such other functions relevant to the Public
Access channel(s) as may be appropriate.
H. The Commission shall complete a set of rules for the use of
the Public Access Channel(s) which shall be promptly forwarded to
the Grantor. The rules shall, at a minimum, provide for:
1 ) Access on a first-come, first-served, non-discriminatory
basis for all residents of the City;
2) Prohibition of advertising for political purposes, as
defined by the FCC;
3) Prohibition of any presentation of obscene or indecent
material;
4) Public inspection of the log of producers, which shall be
retained by the Commission for a period of two (2) years;
5) Procedures by which individuals or groups who violate any
rule may be prevented from further access to the channel;
and
6) Use of such reasonable amounts of channel time, cable-
casting facilities, and technical support.
8-13.07 Public opinion Survey
The Commission may from time to time conduct public opinion
surveys of subscribers and citizens at large relating to all
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aspects of the operation of the cable communications system in
the City and relating to the performance of the Grantee.
ARTICLE 14
CERTIFICATION OF ORDINANCE
This ordinance shall be in full force and effect from and
after the date of its passage and approval.
Passed �� r �� _ Approved
Presidi fiver Mayor
ATTEST:
City Clerk
Alk
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