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HomeMy Public PortalAbout2001 Miami-Dade Cable-Communications OrdinanceMIAMI-DADE COUNTY CONSUMER SERVICES DEPARTMENT CONSUMER PROTECTION DIVISION CABLE AND COMMUNICATIONS SERVICES PROVIDERS ORDINANCE CHAPTER 8AA ARTICLES I, II, AND III PLUS ASSOCIATED CODE ENFORCEMENT FINES FROM CHAPTER 8CC- I 0 CABLE/TELECOMMUNICATIONS LICENSING 140 WEST FLAGLER STREET, SUITE 902 MIAMI, FL 33130-1564 (305) 375-4193 Revised - Effective June 19, 2001 CHAPTER 8AA ARTICLE I CABLE TELEVISION REGULATIONS TABLE OF CONTENTS SECTION I PAGE Sec. 8AA-1. Intent and purpose 1071 Sec. 8AA-1.1 Name and scope 1071 Sec. 8AA-2. Definitions 1071 LICENSING PROVISIONS Sec. 8AA-3. Licensing provisions; license required 1073 Sec. 8AA-4. License application procedure: information required 1073 Sec. 8AA-5. Application fee 1075 Sec. 8AA-6. Notice and comment period for licenses 1075 Sec. 8AA-7. Public hearing for initial and expansion licenses 1076 Sec. 8AA-8. Term of license 1076 Sec. 8AA-9. Acceptance of license 1077 Sec. 8AA-10. License is nonexclusive and restricted 1077 Sec. 8AA-11. Changes to license terms and conditions 1077 Sec. 8AA-12. Expansion of license area 1077 Sec. 8AA-13 Renewal 1078 Sec. 8AA-14. Transfers 1078 ADMINISTRATION; FEES; RIGHTS Sec. 8AA-15. Authority of the Director 1078 Sec. 8AA-16. Communications Services Tax 1079 Sec. 8AA-17 Reserved 1079 Sec. 8AA-18. Rights reserved to the County 1079 LIABILITY; INDEMNIFICATION Sec. 8AA-19. Reserved 1080 Sec. 8AA-20. Indemnification 1080 Sec. 8AA-21. Insurance; policy limits 1080 Sec. 8AA-22. Insurance policy provisions............ 1080 Sec. 8AA-23. Reserved 1081 Sec. 8AA-24 Permanent performance and payment bond 1081 Sec 8AA-25 FCC petition and license.. . . . . . .. . .. .. .. .. ... ..... .... . . 1081 Sec. 8AA-26. Compliance with applicable laws and ordinances . . 1081 ii CONSTRUCTION Sec. 8AA-27. Cable system construction 1082 Sec. 8AA-28. Reserved 1082 Sec. 8AA-28.1 Unlawful to interfere with licensee's access to easements 1082 Sec. 8AA-29. Reserved 1083 Sec. 8AA-30. Reserved 1083 Sec. 8AA-31. Construction map and schedule 1083 Sec. 8AA-32. Prior approval by County 1084 Sec. 8AA-33. County's right to inspect 1084 Sec. 8AA-34. Reserved 1084 Sec. 8AA-35. Reserved 1084 Sec. 8AA-36. Reserved 1084 Sec. 8AA-37. Reserved 1084 GENERAL STANDARDS Sec. 8AA-38. General standards; signal standards 1084 Sec. 8AA-38.1 Internet Services 1084 Sec. 8AA-39. Technical standards 1085 Sec. 8AA-40. Inspection and performance tests 1085 Sec. 8AA-41. Service requirements, equipment for the hearing impaired 1085 Sec. 8AA-42. Standby power 1086 Sec. 8AA-43. Broad categories of programming 1086 Sec. 8AA-44. Lock -out devices 1086 Sec. 8AA-45. A/B switch 1086 Sec. 8AA-46. Leased access channels 1086 Sec. 8AA-47. Emergency override facilities 1086 Sec 8AA-48. Service to public buildings 1086 Sec 8AA-49. County communications facilities 1087 Sec 8AA-50. Public, educational and government access channels 1087 Sec 8AA-51. Interconnection of cable systems 1088 RECORDS AND REPORTING REQUIREMENTS Sec 8AA-52. Records and reporting requirements, access to records . 1089 Sec 8AA-53. Quarterly reports .... ....1089 Sec 8AA-54 Annual reports . .. . . . 1089 Sec 8AA-55 Audit. .. . ...1090 Sec 8AA-56 Additional reports . . . . . 1090 iii CONSUMER PROTECTION PROCEDURES Sec. 8AA-57. Consumer protection provisions; office and telephone availability 1090 Sec. 8AA-58. Installations, outages and service calls 1092 Sec. 8AA-59. Communications, bills and refunds 1093 Sec. 8AA-60. Privacy/use of data 1095 Sec. 8AA-61. Rates 1095 Sec. 8AA-61.01. Rate regulation 1095 Sec. 8AA-62. Discontinuing or denying service 1095 Sec. 8AA-63. Discriminatory practices prohibited 1096 Sec. 8AA-64. Theft, vandalism, tampering; violation 1096 Sec.. 8AA-65. Prima facie evidence 1097 Sec. 8AA-66. Confiscation 1097 Sec. 8AA-67 Punishment; civil damages; remedies nonexclusive 1097 Sec. 8AA-68. Performance evaluation 1097 ENFORCEMENT Sec. 8AA-69. Enforcement; settlement authority, notice and cure provisions 1098 Sec. 8AA-70. Uniform rights -of -way ordinance 1098 TERMINATION; REMOVAL; RESTORATION Sec. 8AA-71. Termination; right of termination 1099 Sec. 8AA-72. Procedures for termination 1099 Sec. 8AA-73. Reserved 1100 Sec. 8AA-74. Reserved 1100 MISCELLANEOUS PRIVISIONS Sec. 8AA-75. Continuity of service 1100 Sec. 8AA-76. Appeal 1100 Sec. 8AA-77. Force majeure 1101 Sec. 8AA-78. County's right of intervention 1101 Sec. 8AA-79 Reserved 1101 -8AA-99. ** CIVIL PENALTIES PURSUANT TO SECTION 8AA-69. CAN BE FOUND IN SECTION 8CC-10 OF THE METROPOLITAN DADE COUNTY CODE. PLEASE SEE CHAPTER 8CC OF THE CODE FOR FURTHER INFORMATION. CODE ENFORCEMENT Sec. 8CC-10. Schedule of Civil Penalties .. .. ... Appendix A iv CHAPTER 8AA ARTICLE II COMMUNICATIONS SERVICES REGULATIONS TABLE OF CONTENTS SECTION II Sec. 8AA-100. Sec. 8AA-101. Sec. 8AA-102. Sec. 8AA-103. Sec. 8AA-104. Sec. 8AA-104.1 Sec. 8AA-105. Sec. 8AA-105.1 Sec. 8AA-106 Sec. 8AA-107. Sec. 8AA-108. Sec. 8AA-109. Sec. 8AA-110. Sec. 8AA-111 -8AA-122. Sec. 8AA-123. Sec. 8AA-124. Sec. 8AA-125. Sec. 8AA-126. Sec. 8AA-127. Sec. 8AA-128. Sec. 8AA-129. Sec. 8AA-130. Sec 8AA-131. Sec. 8AA-132. Sec. 8AA-133. Sec 8AA-134 Sec 8AA-135. Sec 8AA-136 Sec 8AA-137 -8AA-149 PAGE Definitions 1101 Registration required 1102 Rights granted by Registration 1103 Term and renewal 1103 Communications Services Tax 1104 Communications Services Providers not providing communications services directly to the public 1103 Audits; inspection of records 1104 Audits of amounts due prior to October 1, 2000 1104 Reserved 1104 Registration application procedure; information required 1104 Reserved 1105 Issuance of registration 1105 Notice of Transfers, Sales or Assignments of Assets in Public Rights -of -Way 1105 Reserved 1106 Service to the county 1106 Insurance 1106 Faithful performance and payment bond 1106 Reserved 1107 Termination of Registration 1107 Continuing police powers 1107 Consumer protection 1107 Failure to enforce Registration ... ... ..... . ... . . 1108 Future rules by the director 1108 Authority of the director . .. 1108 Director's settlement authority 1108 Appeals of actions, decisions or determinations of the director, judicial review .. . 1108 Civil penalties... ... . . . 1109 Enforcement procedure, remedies, attorney's fees; costs.. . . . . . 1109 Reserved . . . .1110 CODE ENFORCEMENT Sec 8CC-10 Schedule of Civil Penalties . Appendix A v CHAPTER 8AA ARTICLE III PUBLIC RIGHTS -OF -WAY REGULATIONS FOR COMMUNICATIONS SERVICES PROVIDERS TABLE OF CONTENTS SECTION III PAGE Sec. 8AA-150. Definitions 1110 Sec. 8AA-151. Intent and purpose 1110 Sec. 8AA-152. Use of County Public Rights -of -Way; Construction Requirements; Alteration of the System; Access by County 1111 Sec. 8AA-152.1. Protection of underground utilities 1111 Sec. 8AA-153. Compliance with applicable laws and ordinances 1111 Sec. 8AA-154. Right to use Easement and Streets Not Warranted 1111 Sec. 8AA-155. Other Agreements, Permits and Easements Requirements 1111 Sec. 8AA-156. No Property Rights Conveyed 1111 Sec. 8AA-156.1. Reservation of rights 1112 Sec. 8AA-157. County's Right to Inspect 1112 Sec. 8AA-158. Joint or common use of poles 1112 Sec. 8AA-159. Location/Relocation of Facilities 1112 Sec. 8AA-160. Work in the right-of-way 1113 Sec. 8AA-161. Safety 1114 Sec. 8AA-162. Technical Standards 1114 Sec. 8AA-163. Unauthorized Work 1114 Sec. 8AA-164. Protection of County Property 1114 Sec. 8AA-165. Emergency, liability, indemnification; liability in case of emergency 1115 Sec. 8AA-166. Abandonment of Facilities 1115 Sec. 8AA-167. Removal and restoration; removal required... 1115 Sec. 8AA-168. Restoration Required 1115 CODE ENFORCEMENT Sec. 8CC-10 Schedule of Civil Penalties Appendix A vi CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-2 ARTICLE I. CABLE TELEVISION REGULATIONS Sec. 8AA 1. Intent and purpose. It is the intent of the County to promote the public health, safety, and general welfare by pro- viding for the control of cable systems in incorpo- rated and unincorporated Miami -Dade County; to provide for the payment of fees and other valuable consideration by a licensee to the County for the privilege of wing public rights -of -way for con- structing and operating a cable system; to pro- mote widespread availability of cable service to County residents; to encourage the provision of diverse information to the community over cable; and to establish minimum standards for the reg- ulation and performance of cable systems in Miami- Dade County for all cable television licenses granted or renewed after the effective date of this chapter [Ordinance No. 90-104]. (Ord. No. 90-104, 9-25-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA 1.1. Name and scope. This chapter shall be known as the "Miami - Dade County 1990 Cable Ordinance." It shall be applicable to all licenses issued on or after the date this chapter is passed. Nothing in this chap- ter shall be construed to interfere with the rights, if any, vested in a licensed cable operator pursu- ant to a Miami -Dade County cable license that has not expired or pursuant to federal law. How- ever, all provisions except sections 8AA-3, 8AA-4, 8AA-7, 8AA-8, 8AA-9, 8AA-10, 8AA-11, 8AA-12, 8AA-13, 8AA-14, 8AA-16, 8AA-17, 8AA-18, 8AA- 19, 8AA-20, 8AA-21, 8AA-22, 8AA-24, 8AA-25, 8AA-26, 8AA-27, 8AA-28, 8AA-28.1, 8AA-29, 8AA- 30, 8AA-48, 8AA-49, 8AA-50, 8AA-52, 8AA-53, 8AA-54, 8AA-55, 8AA-56, 8AA-68, 8AA-69, 8AA- 70, 8AA-71, 8AA-72, 8AA-73, 8AA-74, 8AA-77, 8AA-78 are considered quasi -regulatory in nature rather than quasi -contractual and therefore shall apply to all licenses whether issued before or after the date this Chapter is passed. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-2. Definitions. Any word or term defined in the Communica- tions Act but not defined below shall have the meaning set forth in the Communications Act. (a) Communications Act shall mean the fed- eral Communications Act of 1934, 47 U.S.C. para. 151 et seq. as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecom- munications Act of 1996, and as those Acts may be hereinafter be amended (col- lectively the "Communications Act"). (b) Cable service shall mean the one-way trans- mission to subscribers of video program- ming or other programming services, and the subscriber interaction, if any, which is required for the selection or use of such video programming or other program- ming service. (c) Cable system shall mean a facility consist- ing of a set of closed transmission paths and associated signal generation, recep- tion, and control equipment that is de- signed to provide cable service which in- cludes video programming and which is provided to multiple subscribers within a community, but such term does not in- clude: A facility that serves only to retrans- mit the television signal of one (1) or more television broadcast stations; A facility that serves subscribers with- out using any public right-of-way; A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Commu- nications Act, except that such facil- ity shall be considered a cable sys- tem (other than for purposes of Section 621(c) of the Communica- tions Act) to the extent such facility is used in the transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on demand services; Supp. No 33 1071 § 8AA-2 (4) (5) MIAMI-DADE COUNTY CODE Any facilities of any electric utility used solely for operating its electric utility systems; or An open video system that complies with Section 653 of the Telecommu- nications Act, as amended. (d) Channel or cable channel shall mean those channels engineered at the headend of a cable system for the provision of cable services generally available to subscrib- ers of the cable system, regardless of whether such services are actually pro- vided, including any channels designated for public, educational, or governmental use. Commission shall mean the Board of County Commissioners of Miami -Dade County, or its representative. Reserved. County shall mean Miami -Dade County, Florida. County Manager shall mean the Miami - Dade County Manager, as appointed by the Board of County Commissioners of Miami -Dade County. Director shall mean the Consumer Ser- vices Department Director or the Director's designee. Distribution system shall include all means of transmission of all signals. Drop shall mean the individual connec- tion or cable from the distribution system to each individual household or connec- tion. (k) Easement dedicated for compatible use means all easements that a cable operator is authorized by State, federal, or local law to use in operating its cable system. (1) Federal Communications Commission (FCC) shall mean that agency as pres- ently constituted by the United States Congress, or any successor agency. (m) Reserved. (n) Interconnect shall mean the electronic con- nection of two (2) or more different cable systems licensed by Miami -Dade County for the purpose of sharing public, educa- tional, and/or governmental (PEG) pro- grams or other PEG signals. (o) License shall mean the license granted to the applicant for permission to install, maintain and operate cable systems in Miami -Dade County. (p) Reserved. (q) Licensee shall be the corporation, partner- ship, individual, or other entity granted a license for the installation, maintenance and operation of a cable system(s) by the Board of County Commissioners. (r) Person shall mean any individual, part- nership, corporation, or other legally rec- ognized entity, whether for-profit or not - for -profit. (s) Reserved. (t) Property owner means any individual, as- sociation, or business entity that owns or controls an apartment building, condomin- ium, mobile home, duplex, single-family home, or other property. (u) Satellite master antenna television system or SMATV shall mean a facility or combi- nation of facilities that serves only sub- scribers in one or more multiple unit dwellings unless such facility or facilities use any public right-of-way, public prop- erty, public easement, or other easement whose use is regulated by government. (v) Shall and will are mandatory, not merely directive. (w) Subscriber shall mean any person law- fully receiving for any purpose any service provided by the cable operator. (x) System facilities shall mean the physical plant and equipment constructed, oper- ated and maintained by the licensee for the purpose of producing, receiving, am- plifying and distributing radio, television and electronic signals to and from sub- scribers in connection with a cable system located within Miami -Dade County. Supp No 33 1072 CABLE AND COMMUNICATIONS SERVICES PROVIDERS (y) Sunshine State One Call of Florida, Inc. shall mean a bona fide underground noti- fication program recognized by Miami - Dade County. (z) Weighted pro rata share of all Miami - Dade County subscribers shall mean the percentage of the individual licensee's sub- scribers relative to all subscribers in Miami - Dade County. Where a system offers bulk rates to multiple -outlet subscribers, such as apartment house or motel operators, each bulk -rate contract is viewed as a number of subscriptions to be calculated by dividing the total annual charge for the bulk -rate contract by the system's basic annual subscription rate for an individual household. For example, if a cable televi- sion system charges an apartment house operator one thousand dollars ($1,000.00) a year for a bulk -rate contract and charges individual households a basic rate of fifty dollars ($50.00) per year, the bulk -rate contract is counted as twenty (20) sub- scriptions (i.e., 1,000 _ 50 = 20). (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 2, 9-15-92; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 01-109, § 2, 6-19-01) Sec. MA -3. Licensing provisions; license re- quired. (a) Any person desiring to install and/or oper- ate any cable television system in the unincorpo- rated and incorporated areas of Miami -Dade County shall apply to the Commission for a li- cense pursuant to this chapter. Any license granted by the County shall authorize and permit the licensee to engage in the business of installing, operating and maintaining a cable system(s) and providing cable services in the license area. For that purpose, subject to the approval of the Public Works Department and all existing permitting processes, the licensee is authorized to install, construct, maintain and operate in, along, under, over, through, across and upon any public right- of-way or street, such poles, wires, cables, conduc- tors, ducts, conduits, vaults, manholes, amplifi- ers, appliances, attachments, and other property as may be necessary to the cable system. To the § 8AA-4 extent provided by State and federal law, the licensee shall be entitled to use easements dedi- cated for compatible uses. (b) It shall be a violation of this chapter to commence or engage in the construction, opera- tion or maintenance of a cable system in Miami - Dade County without first having obtained a cable license awarded by the Board of County Commissioners. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-4. License application procedure; information required. (A) All applications to construct, operate, or maintain any cable system in the unincorporated or incorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere, .shall be filed with the Director. An application for the grant of an initial license may be filed pursuant to a request for proposals issued by the County or on an unsolic- ited basis. To be acceptable for filing, an original and two (2) copies of the application must be submitted and be accompanied by the application filing fee where required. (B) Each application for an initial license shall set forth the following: (1) (2) The name, address and telephone number of the applicant. A detailed statement of the corporate or other business organization of the appli- cant, including but not limited to the following: (a) The names, business addresses, and state of residence of all general part- ners and corporate officers of the applicant. (b) The names, business addresses, and state of residence of all persons own- ing or controlling five (5) percent or more of the stock, partnership shares, or assets of the applicant and the respective ownership share of each such person. (c) The names and addresses of any parent corporation, parent entity, or Supp. No 33 1073 § 8AA-4 MIAMI-DADE COUNTY CODE holding company that owns or, by ownership of other entities, controls the applicant. (d) The names and addresses of any business entities owned or controlled by the applicant, including, but not limited to, SMATV or cable opera- tions. (e) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five (5) fiscal years immediately preceding the date of the applica- tion, or a letter or other acceptable evidence in writing from a responsi- ble lending institution or funding source, addressed to both the appli- cant and the County, setting forth a clear statement of its intent to pro- vide the capital required to construct and operate the proposed system. If the corporate or business entity or- ganization of the applicant has not been in existence for a full five (5) years, applicant shall submit a cer- tified financial statement for the pe- riod of its existence. (f) A detailed description of all previous experience of the applicant in provid- ing cable services or related or sim- ilar services which includes a state- ment identifying, by place and date, all other cable television licenses or franchises awarded to the applicant, its parent or subsidiary; the status of the licenses or franchises with respect to completion; the total cost of completion of such systems; and the amount of applicant's and its parent's or subsidiary's resources committed to such systems. (g) An indication of whether the appli- cant, or any person controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a cable li- cense or franchise revoked, or been found guilty by any court or admin- istrative agency of a violation of a security or antitrust law, felony, or any crime involving moral turpi- tude; and, if so, identification of any such person and a full explanation'of the circumstances. (3) A detailed financial plan describing for the first five (5) years of the license, projected number of subscribers, rates, all revenues, operating expenses, capital ex- penditures, depreciation schedules, in- come statements, and statement of sources and uses of funds and schedule of all capital additions. (4) A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following: (a) A detailed map indicating all areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served, a description of the construction of the proposed sys- tem including an estimate of the above and below ground mileage and the projected total cost for construc- tion of the system. (b) For informational purposes, a state- ment or schedule setting forth all proposed initial classifications of rates and charges to be made against sub- scribers and all rates and charges for each classification, including instal- lation charges, service charges, or other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail. (c) A detailed statement describing the physical facility proposed, including channel capacity, technical design, the actual equipment, and the oper- ational and technical standards pro- posed by the applicant. Supp No 33 1074 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-6 (d) A description of the services to be provided initially, including the broad categories of programming and all broadcast and non -broadcast signals to be carried and all non -television services to be delivered over the ca- ble system, and if services will be offered by tiers, identification of the signals and/or services to be in- cluded on each tier. (e) A description of how the proposed system will reasonably meet the fu- ture cable -related needs and inter- ests of the community, -including how the proposed system will meet the needs described in any recent com- munity needs assessment conducted by or for the County. (f) Any other information as requested in order for the County to comply with State or federal law. (5) A copy of the form of any agreement, understanding, or other instrument pro- posed to be entered into between the applicant and any subscriber. (6) A copy of any agreement covering the license area, if existing, between the ap- plicant and any public utility providing for the use of any facilities of the public utility, including but not limited to poles, lines or conduits. (7) Copies of all reports filed with the FCC within the last twelve (12) months by the applicant or its parent relating to cable operations, including but not limited to the last and most current FCC Form 325. (8) Any other reasonable information which could materially affect the granting of the license and which is requested by the County. (c) The County at its discretion may decide to accept less than the documentation above if it can establish through other sources that the appli- cant can meet the technical, financial, legal, and character to establish that the applicant is com- petent to operate a cable system. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-5. Application fee. (a) Each application submitted for a license under the provisions of this chapter shall be accompanied by the required nonrefundable ap- plication fee to offset the reasonable cost of pro- cessing and evaluating the application. (b) Application fees shall be the following amounts: For an initial license $10,000.00 For renewal of a license 5,000.00 For transfer of a license 5,000.00 For modification of a license 1,000.00 For expansion of a license 1,000.00 Where the applicant has already received a mu- nicipal license, and seeks only to service areas within the municipality, the application fee shall be one-half of the amount listed in the above schedule. (c) Where the County's out-of-pocket costs in considering the application exceed the amount of the application filing fee, such costs shall be paid by the applicant. Within thirty (30) calendar days of the date of the resolution approving the appli- cation, the Director must notify the approved applicant of the amount of any such processing fee and its method of calculation. If the processing fee is not paid within sixty (60) calendar days of the date of the Commission resolution approving the application, any license approved by the res- olution will be null and void. Payment under protest of the processing fee shall be a prerequi- site to contesting the amount of the fee pursuant to Section 8AA-76. To the extent any such costs are applicable to more than one licensed operator, the cost shall be allocated on a weighted pro rata share of all Miami -Dade County subscribers. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-6. Notice and comment period for initial licenses. (a) If the Director finds that an application is incomplete, the application and the fee shall be returned to the applicant with a letter describing any and all insufficiencies found in the applica- Supp No. 33 1075 § 8AA-6 MIAMI-DADE COUNTY CODE tion. The applicant may then reapply for a license upon correcting the deficiencies noted by the Director. Upon receipt of a complete application, the Director shall publish notice within a ninety - day period requesting written comments from the public or any interested person. The notice shall name the applicant, describe the proposed license area, name any existing licensee authorized to serve the area, establish a closing date for receiv- ing comments and provide the address where the comments should be sent. All such written com- ments shall be submitted at least thirty (30) days before the public hearing required by Section 8AA-7. (b) Upon the receipt of an application for a municipal area, the Director shall contact the municipality involved and request access to all pertinent documentation regarding the applica- tion. The Directorshall determine whether the information submitted to the municipality meets, at a minimum, the requirements of this chapter, and shall determine whether a public hearing was held by a municipality regarding the appli- cation. The Director shall determine whether the municipal license or franchise contains any terms or conditions inconsistent with this chapter. If so, the County Manager shall identify those inconsis- tencies in his/her report to the Commission. Ap- plications from applicants which have been is- sued a municipal license, franchise or permit may be processed at the discretion of the Director without the notice and comment requirements in Section 8AA-6(a) provided that: (1) The application does not seek to provide service in areas located in the unincorpo- rated areas of the County; and (2) The municipal license was granted after an investigation and public hearing pro- cess conducted by the municipality and similar to the process established by this chapter; and (3) The application otherwise meets the re- quirements of this section. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-7. Public hearing for initial and expansion licenses. (a) The County Manager shall prepare a re- port to the Commission regarding the award of a license to the applicant, which report shall con- sider and respond to any comments received and shall contain the County Manager's recommenda- tions concerning the application. The County Man- ager shall schedule a public hearing before the Board of County Commissioners to consider the application and the County Manager's report. Notification of any cable license hearing must be published in a paper of general circulation in the County. The notice shall name the applicant, describe the proposed license area, and set a time and date certain, The public hearing may be continued from time to time and from place to place as determined to be necessary by the Com- mission. The County shall make a final determi- nation on the application within eight (8) months of the date a completed application was received unless it is determined that the applicant has caused the delay. (b) The Commission shall consider all factors required by State or federal law, including, among other factors the applicant's character, technical, legal, and financial qualifications to construct and operate the facilities proposed; the nature of the proposed system; the economic impact on private property within the proposed license area; the capability of the public rights -of -way to ac- commodate the proposed system; the present and future use of the rights -of -way to be used; the potential disruption to existing users of the right- of-way; whether the proposal will meet reason- ably anticipated community needs and serve the public interest; and all other factors as the County may determine to be relevant. The Commission shall approve, disapprove or take any other action it fords to be in the public interest. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-8. Term of license. No license, including a renewal license, shall be issued for a term longer than ten (10) years. A licensee holding a current license under any pre- vious ordinance may file for a renewal of its license pursuant to the terms of this chapter which shall require adequate notice to the public and opportunity to comment and may have its license renewed for additional periods of no longer than ten (10) years duration. New and renewal Supp. No 33 1076 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-12 licenses will receive terms that will coordinate with the terms of existing licenses so that in the future all licenses will expire and be subject to renewal simultaneously. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. SAA-9. Acceptance of license. Within thirty (30) calendar days after the res- olution awarding the license, the licensee shall file with the County Manager its written accep- tance of the license, together with the insurance policies and bonding documents required by Sec- tions 8AA-21 through 8AA-24, and its agreement to be bound by and to comply with all require- ments pursuant to the provisions of this chapter and the license. All material statements and declarations contained in the application shall be incorporated as conditions of the license. Such acceptance and agreement shall inform and con- tent be satisfactory to and approved by the County Attorney. (Ord. No. 90-73, § 1, 7-24-90) Sec. MA -10. License is nonexclusive and re- stricted. (a) Any license granted under this chapter shall be nonexclusive, and issuance will not ex- pressly or implicitly preclude the issuance of other licenses to operate cable systems within the County or affect the County's right to authorize use of public rights -of -way to other persons as it determines appropriate. (b) The licenses granted pursuant to this chap- ter shall confer only such privileges or exemptions specifically provided in this chapter or mandated by federal or State law. (c) Any privilege claimed under the license in any street or other public property shall be sub- ordinate to any prior lawful occupancy of the streets or other public property. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-11. Changes to license terms and conditions. Each application for modification of a license shall set forth the following information. To be acceptable for filing, the application must be submitted and be accompanied by the required application fee. (a) The specific modification requested; (b) The justification for the requested modi- fication, including the impact of the re- quested modification on subscribers and others, and the impact on the applicant if the modification is not approved; (c) A statement whether the modification is sought pursuant to federal or State law, and, if so, a demonstration that the re- quested modification meets the legal stan- dards of that law; and (d) Any other information necessary for the County to make a determination. No application fee shall be required where the modification is requested by the County or where the modification is required to bring the license into conformity with the law of a superior sover- eign. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA 12. Expansion of a license area. Except for pass -through facilities to connect noncontiguous portions of a licensee's license area, no facilities or equipment may be installed out- side of the licensee's area, and the licensee shall not offer or provide service to persons outside of the license area. Licensees may apply for an expansion of their license area by filing an appli- cation accompanied by the required application fee. Only applicants that have an existing cable license approved by the Board of County Commis- sioners will be considered. (a) The Director shall investigate all applica- tions for installation of cable distribution systems to determine whether the appli- cation meets the following standards: (1) The requested installation is within the applicant's license area; (2) The licensee has adequate financial and managerial resources to com- plete the requested installation in a logical, orderly and prompt fashion; Supp No 33 1077 § 8AA-12 (3) MIAMI-DADE COUNTY CODE The licensee is in full compliance with all provisions of this chapter and any approved rules and regula- tions; (4) The expansion will meet reasonably anticipated community needs and serve the public interest; and all other factors as the County may de- termine to be relevant. (b) Should the Director determine that the requested installation is within the li- censed areas, the Director shall, within ten (10) days after receipt of the applica- tion, provide notice of the application to the cable licensee or licensees operating within the County. Such affected licensee may, within twenty (20) days after the date shown on the face of the notice pro- vide written comments regarding the re- quested installation. The Director shall consider and respond to any such com- ments received in a timely manner. Applications for installation of cable dis- tribution systems shall be approved or disapproved by the Director, whether in whole or in part, in writing not later than ninety (90) days after receipt of an appli- cation. Applications for which decisions are not rendered within ninety (90) days shall be considered approved in their en- tirety. The Director shall notify the lic- ensee, the Public Works Department, the utility companies, and each licensee in the affected area of his decision. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 97-32, § 1, 4-15-97; Ord. No. 01-44, § 1, 3-20-01) (c) Sec. 8AA-13. Renewal. The County shall grant or deny renewals pur- suant to the procedures mandated by any control- ling federal or State law in effect at the time of the renewal. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-14. Transfers. (a) No transfer of a license shall occur without prior approval of the County, which approval shall not be unreasonably withheld. (b) Any transfer of a license shall be subject to the application requirements of Section 8AA- 4(BX1), (2), (3), and (8). Final action on the request shall be taken by the Commission within a reasonable amount of time of receipt of a com- pleted application. (c) Transfer of a license shall mean (1) assign- ment, sale or transfer of more than thirty (30) percent of the stock, partnership shares or assets of the licensee to a person other than the licensee; (2) assignment, sale or transfer of more than forty (40) percent of the ownership of any parent cor- poration, parent entity or holding company that owns, or by ownership of other entities, controls the licensee; or (3) the transfer of any interest that results in the change of effective control of the licensee. (d) This section does :not apply.to any restruc- ture, recapitalization or refinancing which .does not change the effective control of the licensee; in such transfer, the licensee shall give prior notice to the Director within thirty (30) days prior to such transfer. (e) In making a determination on whether to grant an application to transfer a license, the Commission will consider the legal, financial, technical and character qualifications of the trans- feree to operate the system. (f) Approval by the County of a transfer of a license does not constitute a waiver or release of any of the rights of the County under this chapter. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-15. Authority of the Director. (a) The Director shall have the responsibility for overseeing the day-to-day administration of this chapter and licenses granted hereunder. The Director, or any member of the Director's staff so designated by the Director, may administer oaths, certify to official acts, issue subpoenas, and com- pel the attendance of witnesses and the produc- tion of papers, account books, contracts, docu- ments and other records, data or information, when necessary, convenient, or appropriate in the discharge of the duties of his office. The Director shall be empowered to take all administrative Supp No. 33 1078 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-18 actions on behalf of the County, including adopt- ing forms for application and reporting and other administrative procedures as are necessary, ex- cept for those actions specified in this chapter which are reserved to the Board of County Com- missioners. (b) The Director shall exercise jurisdiction and have the power and authority to regulate and supervise each license as defined herein in re- spect to service and license areas within Miami - Dade County, in accordance with the standards set by the provisions of this chapter. This juris- diction shall be exclusive and superior to that of all other boards, agencies, commissions, political subdivisions, and municipalities in Miami -Dade County, Florida, 'and in case of conflict all lawful acts, orders, rules and regulations of the Director shall in each instance prevail, subject to the Constitution ,.and general laws of the State of Florida. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 0144, § 1, 3-20-01) • Sec. 8AA 16. Communications Services Tax. (a) Each Licensee shall collect and remit to the Florida Department of Revenue the Communica- tions Services Tax pursuant to chapter 202, Flor- ida Statutes and Chapter 29 Article IV -A of the Code of Miami -Dade County Collection and re- mittance of the Communications Services Tax do not include the following: (1) In the case of any license granted after December 30, 1984, capital costs which are required by the license to be incurred by the cable operator for public, educa- tional or governmental access facilities; (2) Requirements or charges incidental to the awarding or enforcing of the license, in- cluding payments for bonds, security funds, letters of credit, insurance, indemnifica- tion, penalties, or liquidated damages; or (3) Any fee imposed under title 17, United States Code. (b) In the event that state law is amended to allow collection of license fees from Cable Services Providers, or in the event that state law preempt- ing the collection of such license fee is declare void by a court of competent jurisdiction, the license fee provisions contained in this section shall au- tomatically revert to those provisions contained in this section in effect on the date of adoption of this chapter to the extent those provisions are not inconsistent with state law. (c) All municipal ordinances, franchises and licenses in conflict with this section are hereby superseded to the extent of such conflict. (d) Nothing in this section shall limit the licensee's liability to pay other local taxes, fees, charges, or assessments to the County and other taxing and governmental authorities. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 90-104, § 1, 9-25-90; Ord. No. 92-97, § 3, 9-15-92; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA-17. Reserved. Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed section 8AA-17 in its entirety. Former sections 8AA-17 pertained to selling of signal and derived from Ord. No. 90-73, § 1, adopted July 24, 1990; and Ord. No. 0144, § 1, adopted March 20, 2001. Sec. 8AA-18. Rights reserved to the County. (a) The right is hereby reserved to the Com- mission to adopt, in addition to the provisions contained herein and in existing applicable agree- ments, such additional rules and regulations as it shall find necessary in the exercise of the police power, for the proper administration and enforce- ment of the provisions of this chapter; provided that such regulations shall be reasonable and shall conform with the terms and conditions of the licenses and the rights herein granted and shall not be in conflict with federal or State law. Rules and regulations promulgated by the County shall insure fair and equitable treatment for all municipalities affected by cable service. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been filed with the Clerk of the Commission. (b) The County shall have the right to install, maintain, and operate antennae, amplifiers, co- axial cable, wire, fiber optic cable fixtures and appurtenances necessary for a County communi- Supp. No 33 1079 § 8AA-18 MIAMI-DADE COUNTY CODE cations system upon or within the communica- tions facilities of the licensee on the condition that such installations do not interfere with the prop- erty or operations of the licensee and at no cost to the County except to reimburse the licensee for any additional costs incurred as a result of any such construction by County. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-19. Reserved. Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed section 8AA-17 in its entirety. Former section SAA-19 pertained to liability, indemnification; liability in case of emergency and derived from Ord. No. 90-73, § 1, adopted July 24, 1990. Sec. SAA-20. Indemnification. The licensee shall indemnify, defend and hold the County, its officers, agents and employees harmless from any liability, claims, damages, judgments, costs or expenses, including reason- able attorney's fees caused by any conduct under- taken by the licensee, its officers, agents or em- ployees, pursuant to or by reason of the license or caused by any policy or practice by Miami -Dade County on behalf of the licensee arising pursuant to Sections 8AA-28.1; 8AA-64; and 8AA-66. The licensee shall at its sole cost and expense, upon demand of the County, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted author- ities, against or affecting the County, its officers, agents or employees, and arising out of or pertain- ing to any conduct, policy, or practice which is within the scope of this indemnity. (Ord. No. 90-73, § 1, 7-24-90) Sec. MA -21. Insurance; policy limits. (a) Within thirty (30) days after the effective date of the license, and prior to any operations under the license, the licensee shall provide proof of the required insurance. The licensee shall main- tain said insurance throughout the term of the license and said insurance shall include, at a minimum, the following types of insurance cover- age in amounts not less than shown: (1) Worker's compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable State and federal laws. The policy must include em- ployers' liability with a limit of five hun- dred thousand dollars ($500,000.00) each accident. (2) Comprehensive general liability: Shall have minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. This shall in- clude premises and/or operations, indepen- dent contractors, and subcontractors and/or completed operations, broad form prop- erty damage, XCU coverage, and a con- tractual liability endorsement. (3) Business auto policy: Shall have mini- mum limits of one million dollars ($1,000,000.00)•per occurrence; combined single limit for bodily injury liability and property damage liability. This shall in- clude owned vehicles, hired and non - owned vehicles. (b) The insurance coverage obtained by the licensee in compliance with this section shall be approved by the Risk Management Division of the General Services Administration and the County Attorney, and such insurance policies, along with written evidence of payment of required premi- ums, shall be filed and maintained with the County Manager or his designee during the term of the license. (c) Upon thirty (30) days notice, the insurance coverage and policy requirements may be changed and increased from time to time at the discretion of the Board of County Commissioners to reflect changing liability exposure and limits. (d) Nothing herein is intended as a limitation to the extent of any legal liability of the licensee. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-22. Insurance policy provisions. (a) Resident company and agent: All insurance policies, letters of credit and bonds as are re- quired of a licensee in this chapter shall be written by a company or companies authorized Supp. No. 33 1080 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-26 and qualified to do business in the State of Florida, and have a minimum rating of "A X" in Best's Rating Guide. (b) Certificates and renewals: Certificates and renewals of all coverage required shall be promptly filed by the licensee with the County Manager or his designee. Each policy shall require notice and the licensee shall notify the County within thirty (30) days of any cancellation or modification of any insurance coverage required by this chapter, which notice shall be sent by registered mail to the County Manager or his designee. Renewal certificates shall be filed with the County no less than thirty (30) days prior to the policy expiration date. (c) Additional insured: Miami -Dade County shall be included as an additional insured on the comprehensive general liability. (d) Premium payment: Companies issuing the insurance policies shall have no recourse against the County for payment of any premiums or assessments, and same shall be the sole respon- sibility of the licensee. (e) Neither the provisions of this section, nor the acceptance of any bonds by the County pur- suant to this chapter, nor any damages received by the County thereunder, shall be construed to excuse performance by a licensee or limit the liability of a licensee for damages to the full amount of the bonds or otherwise. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 4, 9-15-92) Sec. 8AA-23. Reserved. Editor's note Ordinance No. 97-32, § 2, adopted April 15, 1997, reserved § 8AA-23. Formerly, such section pertained to bonding requirements; construction bond and derived from Ord. No. 90-73, § 1, 7-24-90. Sec. SAA-24. Permanent performance and payment bond. The licensee shall within thirty (30) days of the effective date of an initial license granted under this chapter or within thirty (30) days of the granting of a renewal or the transfer of a license existing prior to this chapter, furnish to the County a performance bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in the amount of one hundred thousand dollars ($100,000.00). The per- formance bond or letter of credit shall be used to guarantee the compliance with performance re- quirements and payment of all sums which may become due to the County under this chapter. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the license and for one (1) year after the license expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this chapter. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-25. FCC petition and license: The licensee shall, except for existing licenses, within =sixty (60) , days after the issuance of a license -under this chapter, apply to the FCC for all certifications, registrations or licenses as may be required for the operation of the cable system. Failure of the licensee to obtain the necessary permits and licenses within one (1) year of the issnanre of a license under this chapter shall cause the license to become null and void, unless the licensee petitions the Commission for an extension of time upon good cause shown. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-26. Compliance with applicable laws and ordinances. (a) The licensee shall at all times during the life of this chapter be subject to all lawful exercise of the police power by the County and to such reasonable regulation by the County as the County shall hereafter provide. The licensee shall comply with all laws, statutes, codes, ordinances, rules, or regulations applicable to its business. The Licensee shall at all times comply with the re- quirements of Article III of this Chapter. Specific and exact compliance to all zoning and building regulations shall be adhered to by the licensee. (b) Except as may be specifically provided for in this chapter, the failure of the County or a licensee, upon more than one (1) occasion, to exercise a right or to require compliance or per- Supp No 33 1081 § 8AA-26 MIAMI-DADE COUNTY CODE formance under this chapter shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance in the future. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA-27. Cable system construction. (1) In areas where cable service is not avail- able, the licensee shall, at the request of the County, extend its cable television service to areas that have a minimum density of thirty (30) dwell- ings per strand mile of cable within one hundred (100) feet of its energized coaxial cable. The licensee may at its option extend service to areas not meeting the above criteria. (2) At the end of the second year of the license and continuing every two (2) years thereafter, the cable operator will.file a_report and,, if requested by the County Manager, appear before the Board of County Commissioners at a public hearing. In the report and at the public hearing, the cable operator shall demonstrate that the cable opera- tor -has refrained from redlining based on income. Failure to file such report will constitute a viola- tion of this section, and may result in penalties, including, but not limited to, termination of the license pursuant to Sections 8AA-71 and 8AA-72. (3) In eliminating the requirements concern- ing construction of the entire license area and the contiguous build -out and other requirements of Section 8AA-27 of the Code of Miami -Dade County (1990), Miami -Dade County reserves the right to enact future ordinances and regulations applica- ble to initial grants of future licenses and the renewal of existing licenses to accomplish the following: (a) Establish criteria, burdens of proof, and causes of action regarding discriminatory practices, including "bright lines" statisti- cal tests for discrimination that would prohibit disparate impact on protected individuals, groups or neighborhoods iden- tified in Section 8AA-63 of the Code of Miami -Dade County; (b) Establish a formal method to allocate between operators in overlapping license areas the public buildings that must be served; (c) Establish regulations providing for a "ca- ble provider of last resort" by any lawful method, including requiring cable opera- tors to provide such service or contribute to an industry fund to subsidize such service, provided the burden is distrib- uted fairly among affected licensees; and (d) Reestablish the requirements concerning construction of the entire priority service area and the contiguous build -out and other requirements of Section 8AA-27 of the Code of Miami -Dade County (1990) or other build -out requirements intended to insure universal service. Such regulations must be reasonable in light of industry standards for build -out, shall allow a rea- sonable amount of time to accomplish the build -out, and shall make reasonable ac- commodation for existing systems that are not built contiguously. (e) Reinstate the construction bond require- ments of Section 8AA-27 of the Code of Miami -Dade County (1990). (4) The 1997 amendments to Chapter 8AA shall not be interpreted to preempt or prevent any authority of municipalities to regulate cable tele- vision that the municipalities possessed prior to the 1997 amendments. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 97-32, § 3, 4-15-97; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-28. Reserved Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed section 8AA-28 in its entirety. Former section 8AA-28 pertained to rights to use easements and streets not warranted and derived from Ord. No. 90-73, § 1, adopted July 24, 1990. Sec. 8AA-28.1. Unlawful to interfere with licensee's access to easements. (a) Conduct prohibited. (1) No property owner shall deny any owner, occupant, tenant, or lessee their right to have cable service provided by a licensee. (2) No property owner shall forbid, prevent, or interfere with the licensee when the licensee is attempting to enter onto prop- erty at reasonable times and in reason- Supp No 33 1082 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-31 able circumstances for the purpose of the construction, installation, maintenance, or operation of a cable system or facilities on easements dedicated for compatible use. (3) Except as provided for in subsection (b) of this provision, no property owner shall demand or accept payment in any form as a condition of permitting access to any easements dedicated for compatible use or as a condition of allowing the licensee to construct, install, maintain, or operate its cable system on an easement dedi- cated for compatible use. (4) No property owner shall discriminate in rental charges or otherwise discriminate against any owner, occupant, tenant, or lessee on account of the purchase of cable services from a licensee by that owner, occupant, tenant, or lessee. (b) In installing, maintaining, operating, or removing its facilities in, upon, on or from any easements dedicated for compatible uses, the lic- ensee shall ensure: (1) That the safety, functioning, and appear- ance of the premises and the convenience and safety of other persons not be ad- versely affected by the installation, con- struction, or removal of facilities neces- sary for a cable system; (2) That the cost of the installation, construc- tion, operation, or removal of such facili- ties be borne by the licensee or subscriber, or a combination of both; and (3) That the owner be justly compensated by the licensee for any damages caused by the installation, construction, operation, or removal of such facilities by the lic- ensee. (c) Nothing herein shall be construed to pro- hibit or prevent any property owner from con- structing, installing, or continuing to maintain and operate an independent television receiving system subject to the other provisions of this chapter; provided, however, that the construction, installation, maintenance, and operation of such receiving system shall not prevent the licensee from constructing, installing, maintaining, and operating its cable service through its cable sys- tem. (d) This chapter is not intendecr'to, and noth- ing herein shall be construed to, preclude appro- priate payments, arrangements, or agreements for the use by cable operators of other utilities' facilities and equipment, including pole attach- ment agreements. (e) Any person who willfully violates this sec- tion shall be subject to a five hundred dollar ($500.00) fine and thirty (30) days in jail for each violation. (f) The licensee shall have a private right of action for damages and injunctive relief in any court of competent jurisdiction to enforce its rights pursuant to this section. (Ord. No. 90-73; § 1, 7 -24 -90; -Ord. No. 01-44, § 1, 3-20-01) Sec. SAA 29. Reserved. Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed section 8AA-29 in its entirety. Former section 8AA-29 pertained to other agreements, permit and easement requirements and derived from Ord. No. 90-73, § 1, adopted July 24, 1990. Sec. 8AA-30. Reserved. Editor's note Ord. No. 01-109, § 1, adopted June 19, 2001, repealed section 8AA-30 in its entirety. Former section 8AA-30 pertained to no property rights conveyed and derived from Ord. No. 90-73, § 1, adopted July 24, 1990. Sec. 8AA-31. Construction map and sched- ule. The licensee shall submit a plan and schedule for all major construction or reconstruction projects. In the case of all voluntary construction or recon- struction, the plan and schedule shall be submit- ted for informational purposes. The plan shall make reference to the licensee's cable system design details, equipment specifications, and de- sign performance criteria (collectively referred to as licensee's proprietary data) which shall be maintained by the company at its business office. The county shall have the right to inspect but not copy licensee's proprietary data. Construction or Supp. No. 33 1083 § 8AA-31 MIAMI-DADE COUNTY CODE reconstruction plans and maps shall be submitted to the County at least sixty (60) days prior to the start of construction or reconstruction. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 5, 9-15-92; Ord. No. 97-32, § 4, 4-15-97) Sec. 8AA-32. Prior approval by County. The licensee must comply at all times with all policies, procedures and directives of the Public Works Department. Except for individual service drops, the licensee shall not erect any pole, run any line, nor shall any construction on public property and related to the delivery of cable services be commenced without the prior ap- proval of the Public Works Department. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-33. County's right to inspect. The County shall have and maintain the right to inspect the installation, construction, operation and maintenance of the system by the licensee to insure the proper performance of the terms of this chapter. (Ord. No. 90-73, § 1, 7-24-90) Secs. SAA-34-8AA-37. Reserved. Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed sections 8AA-34-8AA-37 in their entirety. Former sections 8AA-34-8AA-37 pertained to joint or com- mon use of poles; location/relocation of facilities; work in the right-of-way; and safety, respectively, and derived from Ord. No. 90-73, § 1, adopted July 24, 1990; and Ord. No. 01-44, § 1, adopted March 20, 2001. Sec. 8AA-38. General standards; signal stan- dards. (a) The cable systems shall pass standard color television and FM signals without abnormal deg- radation. The system must be capable of deliver- ing all National Television Systems Committee (NTSC) color and monochrome standard signals and designed to provide picture quality of TASO grade 2 or better and superior reliability. (b) Any cable system that commences construc- tion, including, but not limited to, initial construc- tion, rebuild, upgrade, or reconstruction after the effective date of this ordinance shall have a min- imum capacity of at least seventy-eight (78) ana- log and/or digital programming services providing no less than seventy-eight (78) channels available for immediate use. (c) All television signals transmitted on a cable system must include any closed circuit captioning information for the hearing impaired that is avail- able to the licensee. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-38.1 Internet services. To the extent consistent with applicable law: (a) Any Licensee that provides or makes avail- able cable Internet services to Subscribers will make such services available to all Subscribers within thirty-six (36) months of first offering the service. (b) Where technically feasible and within the control of the Licensee, any Licensee offering cable Internet service by an Internet Service Provider affiliated with the Licensee to Subscrib- ers must permit unrestricted customer access to all content on the Internet and to allow high speed Internet customers to access unaffiliated Internet Service Providers (ISP's) without view- ing the content of the Licensee's affiliated ISP. (c) In the event Licensee offers cable Internet services over its Cable System in Miami -Dade County, Licensee shall provide open access on a "Most Favored Nations" basis. This means (1) any access through its cable modem platform which Licensee makes universally available to all unaf- filiated third party providers of Internet access and online services in any other community shall be made available by Licensee to all such provid- ers in Miami -Dade County on comparable terms and conditions, or (2) any access through its cable modem platform which Licensee provides to un- affiliated third party providers of Internet access and on-line services providers due to agreements negotiated by Licensee with government entities or the lawful nondiscriminatory regulations of government entities shall be made available by Licensee to all such similar providers in Miami - Dade County on comparable terms and condi- tions. This requirement shall be subject to tech- nical feasibility. Licensee shall comply with all Supp No. 33 1084 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-41 lawful requirements with respect to access to Licensee's cable modem platform for providers of Internet access and online services. (d) The County reserves the right to impose regulations that require Cable System Licensees that offer high-speed access to the Internet to provide, nondiscriminatory equal access to all re- questing unaffiliated service providers. (e) Cable Internet services provided by a lic- ensee over the cable system shall be deemed a "cable service under this ordinance. (f) The County reserves the right to regulate Internet service, including requiring open access, to the full extent consistent with applicable law. (Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-39. Technical standards. (a) Cable systems shall be installed and main- tained in accordance with FCC technical specifi- cations, and all State and local regulations. (b) Any antenna structure used in the cable system shall comply with all construction, mark- ing and lighting requirements of federal, State or local laws and accepted industry standards. (c) All construction, installation, grounding, and maintenance shall comply with the current versions of the National Electrical Safety Code, the National Electrical Code, and the Bell System Code of Pole Line Construction. (d) Systems shall be maintained in such a manner as to prevent signal leakage from the facilities in excess of the limits specified in appli- cable rules and regulations of the FCC. The licensee may disconnect any person who, in the licensee's judgment, is contributing to a signal leakage problem. Upon written request from the County, licensee shall provide a copy of the Cu- mulative leakage Index (CLI) report to the licensee's service area to the County. (e) Underground construction in streets shall be of such quality as to assure continuity of service without the necessity of frequent street or pavement cutting and shall contain a self-sealing device to insure all such cables against leakage. (f) All cables and wires shall be installed, where possible, parallel with electric and tele- phone lines. (g) If the federal law preempting County reg- ulation of technical standards is repealed, any technical standards imposed by the County shall be no stricter than the repealed federal standards= or generally accepted standards in the cable tele- vision industry, whichever are greater. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 6, 9-15-92; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-40. Inspection and performance tests. (a) The County shall have the right to make such inspections as it shall find necessary to insure compliance with terms of this license and other.. pertinent= provisions: of law. ;The County shall have the - right to require the licensee to provide and keep accurate calibrated test equip- ment immediately available for use in the County for the testing of all service and operational standards in this chapter and the licensee shall conduct such tests as requested by the County in order to establish the level of performance of the system. (b) The licensee shall advise the County ten (10) days prior to the date its annual FCC proof of performance test is scheduled so that the County may have an observer present. The licensee shall maintain test points as required by federal law and shall allow the County to have access to those test points upon reasonable notice and at inter- vals not more frequently than required by federal law, except for good and substantial cause shown. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-41. Service requirements; equip- ment for the hearing impaired. A licensee shall make available to its subscrib- ers equipment capable of decoding closed circuit captioning information for the hearing impaired. An additional reasonable charge for any such equipment may be imposed. (Ord. No. 90-73, § 1, 7-24-90) Supp. No 33 1085 § 8AA-42 Sec. 8AA-42. Standby power. MIAMI-DADE COUNTY CODE Within thirty six (36) months of the award, transfer or renewal of the license, the licensee shall maintain equipment capable of providing standby power for headend, transmission and trunk amplifiers for a minimum of two (2) hours. After forty-eight (48) hours written notice, the County shall have the authority to inspect the licensee's power supply equipment to determine compliance with this section. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-43. Broad categories of program- ming. Licensee shall provide broad categories of pro- grimming addressing • the unique needs of the diverse communities of Miami -Dade County. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-44. Lock -out devices. The licensee shall make available, to any resi- dential subscriber so requesting, a "parental guid- ance" or "lock -out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual aspects from any channel recep- tion. An additional reasonable charge for any such device may be imposed. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-45. MB switch. The licensee shall make available, to any resi- dential subscriber so requesting, an input selector or A/B switch permitting conversion from cable to antenna reception. An additional reasonable charge for any such device may be imposed. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-46. Leased access channels. A licensee must provide commercial or leased access channels to the extent required by State or federal laws. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-47. Emergency override facilities. Licensee shall install and maintain emergency override facilities in accordance with FCC regu- lations. In the case of any emergency or disaster, as determined by the County, licensees shall, upon request of the County; make the override capacity available to the County without charge for use during emergency or disaster periods. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 7, 9-15-92; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-48. Service to public buildings. (a) Within a reasonable amount of time, but at least within ninety (90) days following the re- quest, a licensee shall be required to provide cable service, with converter or other necessary equip- ment, without installation or monthly charge to •buildings within the County; provided,:that:such buildings are passed by and within five hundred (500) feet of the licensee's existing 'distribution system and are owned by the County or occupied by a governmental entity for predominantly edu- cational or governmental use, including libraries, public schools and other local tax supported ele- mentary, secondary and college level institutions. The licensee may charge for service to that por- tion of the building used primarily for residential purposes. Such basic service shall be provided by means of a single drop extending to the facility. Such single drop may be internally extended by the governmental entity without cost to, or re- sponsibility of the licensee, subject to the condi- tion that all such internal distribution shall meet all FCC requirements relative to signal leakage. At the request of the County, the licensee shall install the additional service outlets in such facil- ities and shall charge only its time and material costs for such installations. At the request of the County, the licensee shall extend its distribution system to serve such buildings located more than five hundred (500) feet from the licensee's exist- ing distribution system. In such circumstances, the government entity owning or occupying the building shall reimburse the licensee for the time and material costs incurred in extending the distribution system to within five hundred (500) feet of the building. The licensee shall remain responsible for all costs for the five hundred (500) feet adjacent to the building. The County shall Supp No. 33 1086 CABLE AND COMMUNICATIONS SERVICES PROVIDERS not require permit fees for such installations. As used in this section 8AA-48, the term "cable service" shall include all channels except pre- mium channels sold on a per -channel or pay -per - view basis. The intent of this section is for the licensee to continue providing a comparable level of programming services as provided by licensees on the effective date of this ordinance. (b) Licensee shall provide one (1) standard Internet service connection to the buildings in Section 8AA-48(a) at a mutually agreed discount if requested by the County. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 8, 9-15-92; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-49. County communications facili- ties. With regard to underground construction, the licensee shall provide and install, in a common trench with its facilities, County services conduit as specified by the County. Prior to installation of any -fiber optic cable, the licensee shall notify the County of its intention and, at the County's re- quest, the licensee shall provide and install such additional fiber optic strands or cable as the County specifies for its use. The additional cost to the licensee will be borne by the County. The licensee will not be required to maintain the County equipment and facilities. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-50. Public, educational and govern- ment access channels. (a) The licensee shall provide and maintain at least one (1) specially designated and noncommer- cial public access channel available on a first - come, nondiscriminatory basis. (b) The licensee shall provide and maintain, without charge, at least three (3) specially desig- nated educational access channels for use and programming by local tax supported educational authorities in the elementary, secondary and col- lege level fields, as well as instructional television for adults. Two (2) such channels shall be made immediately available from the licensee. The other channels shall be made available upon a determi- nation by the Director that the need for additional educational channels exists using the criteria § 8AA-50 established in subsection (g). The licensee shall provide such required channels within ninety (90) days of notification of the Director's determina- tion. (c) The licensee shall provide and maintain, without charge, at least two (2) specially desig- nated government access channel for Miami -Dade County government use and programming. One (1) such channel shall be made immediately avail- able from the licensee. The other channel shall be made available upon a determination by the Di- rector that the need for an additional government channels exists using the criteria established in subsection (g). The licensee shall provide such required channels within ninety (90) days of no- tification of the Director's determination. Miami - Dade County may redesignate any government channel to educational. (d) At those time segments during which no signals are transmitted over public, educational or government access channels, the licensee may utilize such channels for any purpose consistent with the provisions of this chapter. (e) The licensee shall endeavor to provide that the signal of each channel required in this section be received at a designated place on the subscriber's channel selector as prescribed by the Director, which shall be uniform for every cable system in the County insofar as technology and governing law permits. The channels shall be viewable on a tier that is as convenient to access as that of the most easily accessible tier of service. (f) (i) Through September 30, 2003, the lic- ensee shall contribute matching funds to the capital costs for the educational and government access channels provided for in this section. The total contribution of all licensed operators shall be no more than one-half of the total capital cost expended by the County and shall not exceed fifty cents ($0.50) per subscriber per year. The licensee contribution shall be the percentage of capital costs equal to the licensees' weighted pro rata share of all Miami -Dade County cable subscribers. Capital costs means the cost of purchas- Supp. No 33 1087 § 8AA-50 MIAMI-DADE COUNTY CODE ing and replacing equipment and facili- ties of such channels as reflected in their official government budgets. (ii) Effective October 1, 2003, the licensee shall contribute funds to the capital costs for the educational and government ac- cess channels provided for in this section. The licensee's contribution shall not ex- ceed one dollar ($1.00) per subscriber per year. The licensee contribution shall be the percentage of capital costs equal to the licensee's weighted pro rata share of all Miami -Dade County cable subscribers. (iii) The above two subsections are subject to the following: (1) On October 15th of each year, the Director shall notify the licensee of its capital -cost contribution and the method of calculation. The licensee's share shall be determined based upon the reports required to be filed with the County on July 25th of that year. The government budget utilized shall be that budget in operation at the time of the notice. (2) The capital cost contribution shall be due within ninety (90) days fol- lowing the notification. (3) Payment of capital costs cannot be taken as a credit against the Com- munications Services Tax collection and remittance requirements of Chap- ter 29, Article IV -A of the Code of Miami -Dade County. (4) Payment under protest of the capital cost contribution shall be a prereq- uisite to contesting the amount of the capital costs contribution pursu- ant to this chapter. (g) If, during the course of the license, the Director determines that additional access chan- nel capacity is needed, the Director may request additional channels upon the same terms as pro- vided in this section and such request shall not be unreasonably denied based upon such factors as (1) channel capacity; (2) community need; (3) number of access channels available in compara- ble communities; (4) technological feasibility; (5) the then usage of existing access channels; and all other relevant factors. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 9-15-92; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA-51. Interconnection of cable sys- tems. (a) A licensee shall interconnect the access channels of the cable system with any or all other cable systems in contiguous adjacent areas, upon the directive of the Director. Interconnection of cable systems maybe done by direct cable connec- tion, microwave link, satellite, or other appropri- ate method. The County shall not direct intercon- nection except under circumstances where it can be reasonably accomplished without undue bur- den or excessive cost. (b) Upon receiving the directive of the Director to interconnect, a licensee shall immediately ini- tiate negotiations with the other affected cable system or systems in order that all costs may be shared equally among cable systems for both construction and operation of the interconnection link. (c) A licensee may be granted reasonable ex- tensions of time to interconnect or the County may rescind its order to interconnect upon peti- tion by the licensee to the County. The County shall grant said request if it finds that a licensee has negotiated in good faith and has failed to obtain an agreement from the cable system or systems of the proposed interconnection or that the cost of the interconnection would cause an unreasonable or unacceptable increase in sub- scriber rates. (d) A licensee shall cooperate with any inter- connection corporation, regional interconnection authority or other County, State and federal reg- ulatory agency which may be hereafter estab- lished for the purpose of regulating, financing, otherwise providing for the interconnection of cable systems beyond the boundaries of the County. (e) In the event it becomes necessary, the lic- ensee shall make reasonable efforts to ensure any interconnect needed for the simultaneous redis- Supp No 33 1088 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-54 tribution of the access channels provided for in this license. Any common costs associated with this interconnection shall be shared among all licensed operators based on their respective pro rata share of all Miami Dade County subscribers. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA 52. Records and reporting require- ments; access to records. The County shall have access, at all reasonable hours, to books, records, maps, plans, contracts, engineering, accounting, financial, statistical, sub- scriber and service records relating to the prop- erty and operation of the licensee's Miami -Dade County system and to such other records as may be required by the County to perform its regula- tory responsibilities under this chapter and the calculation of gross revenues used to compute license fees. Such records shall be made available upon reasonable notice at the licensee's local Miami -Dade County office. If the licensee shall fail to obtain books or records not kept in the local office, and if the County shall determine that an examination of such records is necessary or ap- propriate to the performance of any of the County's duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the licensee. The County shall have the right to inspect and audit such records as it deems appropriate for the proper adminis- tration of this chapter. The County may photo- copy records only to the extent that it can protect proprietary information from disclosure under the public records law. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-53. Quarterly reports. (a) The licensee shall submit reports to the County quarterly on forms provided by the County. The quarterly reports shall be submitted accord- ing to the following schedule: January -March reports due April 25; April -June reports due July 25; July -September reports due October 25, and October -December reports due January 25 of each year. (b) The report shall include, but not be limited to: (1) Number of homes passed and number of cable plant miles; (2) Telephone reports indicating the number of calls received, number of calls aban- doned, number of calls receiving a busy signal, where technologically possible, av- erage duration of each call handled by a customer service representative, average length of time each caller waits before speaking directly to a customer service representative and number of customer service representatives staffed to handle telephone calls; (3) The number of total standard installa- tions performed; the number of standard installations performed within seven (7) days; number of service interruptions re- ported; number of service interruptions responded to within twenty-four (24) hours; number of other service problems re- ported; number of other service problems responded to within thirty-six (36) hours; and all other information necessary to monitor the licensee's compliance with the consumer standards of this chapter; (4) The number of subscribers for each type of cable service offered. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA-54. Annual reports. (a) In addition to the above, the licensee shall file the following information with the quarterly report due January 25th of each year: (1) A summary of the previous year's activi- ties in the development of the system, including, but not limited to, services be- gun or dropped, the previous year's con- struction activities and a summary of any policy changes taking effect during the year. (2) A current copy of the subscriber service agreement, a current list of all rates, charges and available services, a current channel list, a copy of all the licensee's Supp No. 33 1089 § 8AA-54 MIAMI-DADE COUNTY CODE published rules and regulations applica- ble to subscribers and users of the cable system, and a summary of the licensee's hours of operation. (3) A summary of subscriber or consumer complaints, identifying complaints by num- ber and category, and their disposition. Where complaints involve recurrent sys- tem problems, the nature of each problem and what steps have been taken to correct it shall be identified. (4) A copy of updated maps depicting the location of all trunks, separately identify- ing those areas where there was construc- tion in the year of the report. (5) For information purposes only, a listing of licensee's closings or holidays for the year. (b) Within four (4) months of the close of its fiscal year, the licensee shall file an annual report to the County that includes the following infor- mation: (1) A list of all persons owning or controlling five (5) percent or more of the stock, partnership shares or assets of the lic- ensee; and a list of any parent corpora- tion, parent entity or holding company that owns, or by ownership of other enti- ties controls, the licensee. (2) If the licensee is a corporation, a list of officers and members of the board and officers and board members of any parent corporation; and where a parent corporation's stock is publicly traded, two (2) copies of its annual report. (3) Two (2) copies of each of the licensee's balance sheet applicable to its operations in Miami -Dade County. All reports shall be certified by an independent certified public accountant and prepared in accor- dance with Generally Accepted Auditing Standards (GAAS) as promulgated by the American Institute of Certified Public Ac- countants. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA-55. Audit. The County shall have the right and authority to inspect the licensee's books and records, and the right of audit and recomputation of any and all amounts due to the County prior to October 1, 2001. All costs associated with any such audit shall be borne by the licensee when said audit results in increasing, by more than five (5) per- cent, the licensee's annual payment to the County. Upon reasonable notice, such records necessary to perform said audit and recomputation shall be made available to the County at the licensee's Miami -Dade County office. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-109, § 2, 6-19-01) Sec. 8AA 56. Additional reports. (a) Alicensee shall notify the County upon any purchase of a SMATV or Open Video System located within the licensee's license area. (b) Copies of all petitions, applications and communications submitted by the licensee to the Federal Communications Commission or any other federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting cable operations authorized pursuant to a license granted under this ordinance shall also be submitted simultaneously to the Director. (c) The licensee shall prepare and furnish to the County, at times and in the form prescribed by the County, such additional reports with respect to its operation, in the discretion of the Director, which are reasonably necessary for the adminis- tration of this chapter. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. MA -57. Consumer protection provi- sions; office and telephone availability. (a) The licensee shall maintain (1) at least one conveniently located business office and full ser- vice center in the County and (2) payment and equipment return centers no farther than a fif- teen (15) mile radius from the address at which the subscriber receives cable service. As an alter- native to providing such equipment return cen- Supp. No. 33 1090 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-57 ters, licensee may provide subscribers the ability to return equipment by using a postage -prepaid delivery service at no cost to the subscriber. The business office shall be open at a minimum from 9:00 a.m. to 6:00 p.m. Monday through Friday, including some weekend and evening hours. The office shall make available for its customers park- ing within reasonable proximity of the office. (b) Each licensee shall maintain a telephone system with a publicly listed toll free telephone number under the business name familiar to subscribers and employ a sufficient number of telephone lines and answering equipment or ser- vice to allow reasonable access by subscribers and members of the public to contact the licensee on a full time basis at any time twenty-four (24) hours a day, each day of the year. (c) Knowledgeable, qualified _ company repre- sentatives will be available to answer customer telephone inquiries twenty-four (24) hours per day, seven (7) days per week including holidays. A company supervisor will be available to a cus- tomer upon request. If a supervisor isnotavail- able, the supervisor will call back the customer no later than the first three (3) hours of the next normal business day. (d) Under normal operating conditions, tele- phone answer time by a customer service repre- sentative, including wait time, and the time re- quired to transfer the call, shall not exceed thirty (30) seconds. Licensees that utilize automated answering and distributing equipment will limit the number of routine rings to five (5) or fewer. Licensees not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems. Percent of abandoned telephone calls out of total calls re- ceived shall not exceed ten (10) percent, average. These standards shall be met no less than ninety (90) percent of the time measured on a quarterly basis. "Normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather condi- tions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (e) Under normal operating conditions, in a given quarter no more than three (3) percent of customer calls shall receive a busy signal. (f) If the County determines that the licensee fails to conform to the required telephone stan- dards in this Section for two (2) consecutive quarters: (1) The Director may require the licensee to provide the County with a communication traffic study within sixty (60) days of notice. The study will be conducted_ on all customer service trunk lines and must indude information on the efficiency of the communication system measured from the telephone company's central office, as well as other performance information available from the licensee's communica- tion equipment. The study must provide information that confirms that the licensee's communications system is prop- erly trunked and staffed to meet the re- quirements of this chapter using gener- ally accepted telephonic engineering standards. (2) Based upon the findings of the traffic study that additional personnel are needed and other relevant considerations, the Di- rector may require the licensee to staff a minimum specified number of customer service representatives to handle tele- phone calls. The minimum number shall be one (1) such customer service represen- tative for each one hundred (100) calls received daily. For purposes of this calcu- lation, the number of calls shall be the median number of calls received on a daily basis for the two (2) consecutive quarters during which the standards were not met. If, following a County order for minimum staffing requirements, the licensee's performance meets the required telephone standards for any two (2) con- secutive quarters, the County will rescind Supp No 33 1091 § 8AA-57 MIAMI-DADE COUNTY CODE its minimum staffing order provided the licensee continues to conform to the re- quired telephone standards. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. SAA-58. Installations, outages and ser- vice calls. (a) Under normal operating conditions, each of the following four (4) standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis. (1) Standard installations will be performed within seven (7) business days after an order has been placed; provided the lic- ensee has been able to obtain any neces- sary easements or other consents neces- sary to :complete ,, the installations. "Standard" installations are up to one hundred twenty-five (125) feet from the existing distribution system. T2) Excluding those situations beyond the con- trol of the licensee, the licensee will re- spond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to within twenty-four (24) hours during the normal work week. (3) The appointment window alternatives made available for installations, service calls, and other installation activities will be either a specific time, or a four (4) hour time block or shorter. If a licensee is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the licensee will contact the customer by telephone and reschedule as necessary at a time that is convenient for the customer. In such circumstances the licensee will use its best efforts to inform the customer of the delay before the scheduled time of the appointment. Additionally, based on com- munity needs, licensees will schedule sup- plemental hours during which appoint- ments can be set. (4) If at any time an installer or technician is running late, an attempt to contact the customer will be made and the appoint- ment rescheduled as necessary at a tithe which is convenient for the customer. (b) Subscribers who have experienced two (2) missed installation or service appointments due to the fault of the licensee shall receive installa- tion free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit on their bill of not less than twenty dollars ($20.00). (c) New developments contiguous to the licensee's distribution system shall be wired for cable service within a reasonable amount of time, but at least within one hundred twenty (120) days after the development has reached seventy-five (75) percent occupancy, so long as the construc- tion meets the density requirements of this chap- ter and provided the licensee has been able to obtain any necessary easements or other consents necessary to complete the installation. This sec- tion shall not apply to developments that are already served by another 'pay television service provider. (d) Each licensee shall intentionally interrupt service only for good cause for the shortest time possible. Licensee shall use its best efforts to ensure that such interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m. A written log shall be maintained for all service interruptions that includes a description of the equipment failure, location of the failed equip- ment, and the geographic area and number of subscribers affected by the service interruption. Upon written request, the licensee shall provide to the County a copy of the log. (e) In the event of a service interruption to any subscriber for twenty-four (24) or more hours which interruption is within the control of the licensee, the licensee shall provide a credit or rebate to affected subscribers, upon the subscriber's written or verbal request, equal to twenty (20) percent of the monthly fees for each twenty -four- hour period during which the subscriber's service is interrupted. In the event of a service interrup- tion to any subscriber for three (3) or more hours, Supp No 33 1092 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-59 the licensee shall provide a credit or rebate to affected subscribers, upon the subscriber's writ- ten or verbal request, equal to one -thirtieth of the monthly bill. For purposes of computing the time of interrupted service, the time shall begin when a complaint for interrupted service is received by the licensee or when the licensee has actual or constructive notice of the interruption, whichever occurs first. Nothing in this subsection limits the licensee from applying a rebate policy more lib- eral than the requirements. As used in this Sec- tion, service interruption shall mean the loss of picture or sound on one or more cable channels. (f) In all situations where cable service is dis- rupted to five hundred (500) or more subscribers for a time period greater than four (4) hours, the licensee shall notify the Director or his designee immediately. (g)„ All ,field .employees must carry a picture identification indicating their employment with the licensee. This identification must be clearly visible to the public. (h)_ A licensee shall disconnect any subscriber who so requests from the cable system of the licensee. No period of notice prior to voluntary termination of service may be required of subscrib- ers by any license. No charge may be imposed by any licensee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request. A subscriber may be asked to disconnect the equipment of the licensee and return it to the business office or make it avail- able for the licensee to recover. Upon termination of service to any subscriber, the licensee shall promptly remove all portions of its system, facil- ities and equipment from the subscriber's pre- mises upon request. Where removal is impracti- cal, such as with buried cable or internal wiring, facilities and equipment may be disconnected rather than removed. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-59. Communications, bills and re- funds. (a) The licensee will provide written informa- tion in each of the following areas at the time of installation and at any future time upon request: (1) The products and services offered; (2) Prices and service options; (3) How to use the cable service; (4) Installation and service policies; (5) The licensee's procedures for the receipt and resolution of customer complaints, the licensee's address and telephone num- ber to which complaints may be reported, and the hours of operation; (6) The telephone number and address of the County's office designated to handle cable service complaints and inquiries in a man- ner that identifies the County's telephone number so that it is not confused by subscribers with that of the licensee and a written summary in a manner approved by the Director of the consumer protection provisions provided for in 8AA-58 and 8AA 59; The availability of the "lock -out" device required by this chapter; The availability of an input selector, or MB switch, and identification of those local broadcast stations not carried on their system; The licensee's information collection and disclosure policies for the protection of a subscriber's privacy. In addition, the licensee shall provide written notice on its monthly billing, at the written request of the County, of any announcements regarding requests or ap- plications by the licensee for renewal. The County shall make such a request no less than sixty (60) days prior to the mailing of any billing by the licensee. Said notices shall be at the expense of the licensee and said expense shall not be considered part of the license fee assessed pursuant to this Chapter. Licensee shall air such an- nouncement over its cable system on such channels, times, and with adequate fre- quency to reach a majority of its subscrib- ers. The information in subsections (5)—(9) above will be provided to each subscriber annually. The Supp. No. 33 1093 § 8AA-59 MIAMI-DADE COUNTY CODE licensee will provide prompt notification to the County and to each affected customer of any material change in any of the above. (b) Bills will be clear, concise and understand- able. (1) The first billing statement of the licensee after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit. (2) The billing statement of the licensee must be fully itemized, with itemizations includ- ing, but not limited to, cable service and equipment charges. Invoices will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (3) The billing statement of the licensee must state when the bill is due. Any balance not received within thirty (30) days after the due date may be assessed an administra- tive/late fee charge. The administrative/ late fee charge must appear on the next available billing statement and must not exceed five dollars ($5.00). In a bulk fee contract the administrative/late fee charge shall not exceed five dollars ($5.00) per individual unit receiving service. (4) Subscribers shall not be charged an ad- ministrative fee, a late fee or otherwise penalized for any failure by the licensee, its employees, or contractors, including failure to properly credit the subscriber for a payment timely made. (5) The licensee will provide notice to the subscriber of the following at the time of installation of service, at least annually to all subscribers, as a notice enclosed with a bill that includes a past due amount, and at any time upon request of a subscriber; that payment can be remitted in person at an office of the licensee and of the ad- dresses where payment can be made. (6) A licensee may not alter the service within its control being provided to a subscriber (including by retiering, restructuring a tier or otherwise) unless it complies with this subsection and/or applicable federal law. (a) If a licensee wishes to alter the ser- vice within its control to a sub- scriber, then the licensee must pro- vide the subscriber with thirty (30) days advance written notice of such retiering or rate increase, and for thirty days after such notice of retier- ing or rate increase, a subscriber may obtain changes in service tiers at no additional charge. (b) Except as provided herein, or under applicable federal or state law, no charge may be made for any service or equipment that the subscriber has not affirmatively requested by name. A subscriber's failure to refuse a cable operator's proposal to provide such service or equipment is not an affirmative request for service or equipment. A subscriber's affirma- tive request for service or equipment may be made orally or in writing. This section shall not apply to the adjustment of rates to reflect infla- tion, cost of living and other external costs, the addition or deletion of a specific program from a service offer- ing, the addition or deletion of spe- cific channels from an existing tier of service, the restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition, deletion or substitution of channels pursuant to FCC rules, pro- vided that such changes do not con- stitute a fundamental change in the nature of an existing service or tier of service and are otherwise consis- tent with applicable regulations. (c) Refund checks or credits will be issued promptly, but no later than the earlier of forty- five (45) days or the customer's next billing cycle following the resolution of the request, and the return of the equipment supplied by the licensee if service is terminated. Supp. No. 33 1094 CABLE AND COMMUNICATIONS SERVICES PROVIDERS (d) All customers and the County will receive written notification a minimum of thirty (30) days in advance of any rate or channel change, pro- vided the change is within the control of the licensee. (e) The licensee shall, within seven (7) days after receiving written request from the County, send a written report to the County with respect to any particular consumer complaint. The report to the County shall provide a full explanation of the investigation, findings and corrective steps taken by the licensee. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-60. Privacy/use of data. The licensee shall comply with all federal and State laws regarding collecting, storing and dis- seminating of individual subscriber information, and shall operate the system in a manner that protects against invasions of any person's privacy and protects the privacy of data services and data signals distributed over the system. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-61. Rates. The licensee must give thirty (30) days prior written notice to the Director and all affected subscribers of any pricing changes or additional charges, excluding temporary marketing and sales discounts or offers. Such notice shall include the name and address of the county's office desig- nated to review the rate increase. The licensee may reduce the price at any time. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 93-120, § 2, 11-3-93; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-61.01. Rate regulation. [(1) Jurisdiction.] (a) Dade County has jurisdiction to regulate rates in (1) the unincorporated areas of Miami -Dade County, and (2) the incorpo- rated areas of Miami -Dade County, pro- vided that Miami -Dade County shall have no jurisdiction to regulate rates in any municipality while that municipality is certified by the FCC to regulate rates, § 8AA-62 except where Miami -Dade County and the municipality have been certified by the FCC to regulate rates jointly. At any particular time a cable operator in a sin- gle FCC community unit shall be subject to rate regulation only by either (1) the County, (2) the municipality, or (3) the County and municipality jointly regulat- ing rates. (b) This section shall not be construed to create a private cause of action. (2) Compliance with F.C.C. regulations. In reg- ulating any rates as allowed by Federal law, Miami -Dade County shall be governed by and shall comply with all controlling F.C.C. regula- tions and Federal Statutes. (3) Reserved. (4) Reserved. {5) Reserved. (6) Delegation to County Manager. Subject to appeals to the County Commission, the County Manager is delegated the authority to conduct all proceedings, and issue any final or interim orders provided for in this section. (7) Appeals. Any decision of the County Man- ager may be appealed to the County Commission pursuant to the provisions of Section 8AA-76, Miami -Dade County Code. The filing of an appeal of any interim, non -final determination shall not stay the information -gathering proceedings or form a basis for the licensee to refuse to disclose information. (8) Further regulations. Nothing herein shall be construed to limit the right of Miami -Dade County to modify, amend, or add to these regula- tions in order to comply with applicable law or to protect the interests of licensees or subscribers. (Ord. No. 93-120, § 1, 11-3-93; Ord. No. 95-212, § 1, 12-5-95; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-62. Discontinuing or denying ser- vice. (a) If a subscriber fails to pay a monthly sub- scriber or other fee or charge, the licensee may disconnect the service of the subscriber; however, such disconnection shall not be effected until Supp No. 33 1095 § 8AA-62 MIAMI-DADE COUNTY CODE thirty-five (35) days after the due date of the monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within thirty-five (35) days of the due date and after notice of disconnection has been given, the licensee shall not disconnect. After disconnection, upon payment by the sub- scriber in full of all proper fees or charges, includ- ing the payment of the reconnection charge, if any, the licensee shall promptly reinstate service, but no later than the next availability or seven (7) days, whichever is shorter, after a service rein- statement request from a subscriber. (b) Licensee may deny service to any sub- scriber where such subscriber has previously been a subscriber of the licensee and the licensee repeatedly terminated the subscriber's service due to nonpayment. Furthermore, a licensee may deny cable service to any subscriber who fails to pay an outstanding balance, who fails to return equipment, or who takes any action threatening physical harm against the licensee its agents or employees. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-63. Discriminatory practices pro- hibited. (a) A licensee shall not deny, delay or other- wise burden service or discriminate against sub- scribers or users on the basis of age, race, creed, religion, color, sex, disability, national origin, mar- ital status, or political affiliation, and shall not deny cable service to any potential subscribers because of the income of the residents of the area in which the subscribers reside. A licensee may provide for discounts for senior citizens, the eco- nomically disadvantaged or disabled that are ap- plied in a uniform and consistent manner. A licensee may also offer bulk discounts to multiple dwelling buildings to the extent such discounts are permissible by law. (b) A licensee shall not refuse to employ, nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, religion, color, sex, handicap, national origin, marital status, or political affili- ation. ti (c) A licensee shall comply at all times with the Equal Employment Opportunity provisions and reporting requirements contained in federal law. Upon written request, a copy of the licensee's annual report required by the FCC shall be sub- mitted simultaneously to the Director. (d) No licensee shall require a minimum num- ber of subscribers as a precondition to providing service to any multiple dwelling unit that is located in an area that meets the minimum den- sity requirements of Section 8AA 27. This subsec- tion shall not be applicable to hotels, motels and other multi -dwelling units in which more than a majority of the occupants have been residing there less than four (4) months or where a major- ity of the occupants have leases with terms for less than four (4) months. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 10, 9-15-92; Ord. No. 97-32, § 5, 4-15-97; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-64. Theft, vandalism, tampering; vi- olation. It is unlawful and a violation of this chapter to: (a) Willfully obtain or attempt to obtain cable services or cable related services from another by means of artifice, trick, decep- tion, or device without payment to the operator for such services of all lawful compensation due for each type of ser- vices unlawfully obtained. (b) Willfully assist any other person in obtain- ing or attempting to obtain any cable service or cable related services without payment to the cable operator of such services of all lawful compensation due for each type of services unlawfully ob- tained. (c) Willfully tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical, or other, any cable, wires, or other devices used for Supp No 33 1096 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-68 the distribution of cable services or cable related services without actual authority from the operator of such services. (d) Willfully sell, rent, or lend, or promote or advertise for sale, rental or use, any de- vice or any plan to any person with the knowledge that the person intends to use such device or plan to commit any of the acts set forth in paragraphs (a), (b), and (c), whether or not such device or plan actually has the ability to facilitate the commission of any acts set forth in para- graphs (a), (b), and (c). (e) Willfully sell, rent, or lend, or promote or advertise for sale, rental, or use, without authority from the operator of such cable services or cable related services, any device which is electronically capable of decoding cable system signals which have been encoded by a cable operator or any person under contract with such operator. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-65. Prima facie evidence. The presence on property, in the actual posses- sion of a person, of any device or alteration which effects the diversion or use of cable services or cable related services without such services being reported for payment to, and specifically autho- rized by, the cable operator shall be prima facie evidence of a violation of this article; however, this presumption shall not apply unless: (a) The presence of such a device or alter- ation can be attributed only to a deliber- ate act in furtherance of an intent to avoid payment for such service; and (b) The person charged has received the di- rect benefit of the reduction of the cost of such services; and (c) The recipient of such services has re- ceived the benefit of such services for at least one full billing cycle. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. SAA-66. Confiscation. Any law enforcement agency having jurisdic- tion shall have the authority to confiscate any and all such instruments, apparatus, equipment, de- vices, instructions, and plans described in Section 8AA-64, including any materials, tools, machin- ery, or equipment used to manufacture or produce such instruments, apparatus, equipment devices, instructions, and plans, and, upon conviction for violation of the provisions of this section, such instruments, apparatus, equipment, devices, in- structions, and plans, together with all such ma- terials, tools, machinery, and equipment used to manufacture or produce same, shall be destroyed or otherwise disposed of by order of court. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-67. Punishment; civil damages; remedies nonexclusive. (a) Any person who willfully violates Section 8AA-64 shall be subject to a five hundred dollar ($500.00) fine and thirty (30) days in jail for each violation. (b) Whoever is found in a civil action to have violated the provisions of Sections 8AA-64 through 8AA-67 shall be liable in actual and punitive damages to the licensee involved or may be sub- ject to injunction, or both, and, upon judgment in favor of the licensee, such licensee shall also be entitled to recover all costs of such action, includ- ing all appellate proceedings, together with rea- sonable attorney's fees. (c) The provisions set forth herein are in addi- tion to any remedies or sanctions of any other local, State, or federal law. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-68. Performance evaluation. (a) The Director may conduct periodic perfor- mance evaluations of a licensee. A licensee shall cooperate with these evaluations. If the Director implements a survey of cable subscribers in con- nection with a performance evaluation, the Direc- tor may require a licensee to distribute the County's questionnaire to its subscribers at the County's Supp. No. 33 1097 § 8AA-68 MIAMI-DADE COUNTY CODE expense. Upon request and upon reimbursement of County copying charges, the licensee may re- ceive copies of all responses. (b) At the conclusion of the evaluation, the Director shall issue a report of the results of any performance evaluation together with, if neces- sary, any recommendations for methods to im- prove a licensee's performance under the license or this chapter. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. MA -69. Enforcement; settlement au- thority, notice and cure provi- sions. (a) Provisions of this chapter listed in Chapter 8CC of the Code of Miami -Dade County will be enforced pursuant to that chapter. The County Manager or his designee is hereby authorized to resolve by settlement any notice of violation of this chapter issued pursuant to Chapter 8CC. In deciding to settle a dispute over an alleged viola- tion, the County shall consider: (1) the probability of success in proving the violation; (2) the nature and seriousness of the violation; (3) the licensee's past history concerning similar violations; (4) mitigating factors; and (5) the licensee's success in resolving this dispute with affected subscrib- ers. (b) Prior to issuing a notice of violation pursu- ant to Chapter 8CC, the County will provide the licensee with notice and opportunity to cure. The notice shall state the Code section alleged to be violated, factual basis of the violation, the amount of the civil penalty, and the time period allowed to cure the violation without incurring a civil pen- alty. These notice and cure provisions will apply only to the subsections (1), (2) and (3) listed below. (1) Licensee shall have a notice and opportu- nity to cure time period of no less than forty-eight (48) hours for violations of the following provisions: Section 8AA-35(g) Burying drop cable Section 8AA-39 Improper grounding (2) Licensee shall have a notice and opportu- nity to cure time period of no less than thirty (30) days from violations of the following provisions: Sections 8AA-21; 8AA-22 Sections 8AA-23; 8AA-24 Section 8AA-27 Section 8AA- 36(d) Section 8AA-41 Section 8AA-45 Section 8AA-48 Section 8AA-50 Section 8AA-50(f) Sections 8AA-52; 8AA-53; 8AA-54 - Section 8AA- 57(a) Section 8AA- 57(b) Section 8AA- 57(c) Maintaining insurance ti Maintaining performance bond Submission of construction plan Membership in Sunshine State One -Call of Florida, Inc. Equipment for the hearing im- paired Providing AM switch Service to public buildings Providing educational and Gov- ernmental access channels Capital support for PEG Recording and reporting Maintaining an office Maintaining 24 -hour telephone system Maintaining office hours (3) Licensee shall have a notice and opportu- nity to cure time period of no less than sixty (60) days for violations of the follow- ing provisions: Section 8AA-27 Construction and time limita- tions Section 8AA-42 Standby power Section 8AA- Extending service to new develop - 58(c) ments (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 11, 9-15-92; Ord. No. 01-44, § 1, 3-20-01) Sec. 8AA-70. Uniform rights -of -way ordi- nance. (a) A uniform ordinance governing rights -of - way usage by telecommunications companies and cable companies enacted pursuant to the require- ments of state law requiring such ordinance shall preempt and supersede the provisions of Chapter 8AA to the extent there exists a conflict between chapter 8AA and such ordinance only to the extent state law mandates the uniform treatment of telecommunications companies and cable com- panies regarding use of the rights -of -way. (b) In addition to or instead of any other rem- edy, the County may seek legal or equitable relief from any court of competent jurisdiction. Supp. No. 33 1098 CABLE AND COMMUNICATIONS SERVICES PROVIDERS (c) Failure of the County to enforce any require- ments of a license or this chapter shall not con- stitute a waiver of the County's right to enforce subsequent violations of the same type or to seek appropriate enforcement remedies. (Ord. No. 90-73, § 1, 7-24-90; OH. No. 01-44, § 1, 3-20-01) Sec. 8AA 71. Termination; right of termina- tion. The County reserves the right to suspend, terminate and cancel a license and all rights and privileges of a licensee after the process pursuant to this section for just and reasonable cause or in the event that any one of the following occurs: (a) The licensee, after sixty (60) days' notice of a violation sent by certified mail by the County, continues to violate any material -provision of this chapter or any rule pur- suant to this chapter, except if such viola- tion by licensee is without fault or through excusable negligence. (b) The licensee becomes insolvent; unable or unwilling to pay its debts, or is adjudged bankrupt. (c) The licensee practices any fraud or deceit upon the County in connection with its responsibilities under its license. (d) The licensee fails to commence any re- quired construction within one (1) year from the effective date of its license. (e) The licensee fails to substantially com- plete construction pursuant to the require- ments of this chapter within the time required by its license. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-72. Procedures for termination. The license may be terminated in accordance with the following procedures: (a) The County Manager shall notify the lic- ensee in writing of the exact nature of the alleged violation constituting a ground for termination and give the licensee sixty (60) days, or such other greater amount of time as the County Manager may specify, § 8AA-72 to correct such violation or to present facts and argument in refutation of the alleged violation. (b) If within the designated tims the licensee does not remedy and/or put an end to the alleged violation, or if corrective action is not being actively and expeditiously pur- sued, the Commission, after a public hear- ing, may direct the termination of the license if it determines that such action is warranted. (c) Prior to the public hearing, the Commis- sion may order an administrative hear- ing. The County Manager shall initiate an administrative proceeding by issuing a hearing order which establishes the is- sues to be addressed in the hearing and the procedures to be followed, and the Manager shall appoint a presiding officer for the hearing. 'Upon completion of the hearing, the presiding officer shall issue a recommended decision. Parties to the hear- ing and the public shall have thirty (30) calendar days to comment on the recom- mended decision after its issuance. Within thirty (30) days afterthe receipt of com- ments, the County Manager may submit recommendations to the Commission on whether to terminate the license. (d) Following the public hearing the Commis- sion shall determine whether or not to revoke the license based on any recom- mended decision, the evidence and argu- ment presented at the hearing, any rec- ommendations of the County Manager, and other evidence of record. The Commission's determination shall be re- flected in a written opinion setting forth the reasons for its decisions. (e) Any license may, at the option of the County following a public hearing before the Commission, be revoked one hundred twenty (120) calendar days after an as- signment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of Supp. No. 33 1099 § 8AA-72 MIAMI-DADE COUNTY CODE creditors, or other action or proceedings, unless within that one -hundred -twenty - day period: (1) Such assignment, receivership or trusteeship has been vacated; or (2) Such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the license hereunder and has exe- cuted an agreement, approved by the court having jurisdiction, assum- ing and agreeing to be bound by the terms, and conditions of the license. (f) In the event of foreclosure or other judi- cial sale of any of the facilities, equipment or property of the licensee, the County may revoke the license, following a public bearing before the Commission, by serv- ing notice upon the licensee and the suc- cessful bidder at the sale, in which event the license and all rights and privileges of the license will be revoked ninety (90) calendar days after serving such notice, unless: (1) The County has approved the trans- fer of the license to the successful bidder; and (2) The successful bidder has covenated and agreed with the County to as- sume and be bound by the terms and conditions of the license. (Ord. No. 90-73, § 1, 7-24-90) Secs. 8AA-73, SAA-74. Reserved. Editor's note —Ord. No. 01-109, § 1, adopted June 19, 2001, repealed sections 8AA-73, 8AA-74 in their entirety. Former sections 8AA-73, 8AA-74 pertained to removal and restoration; removal required; and restoration required, re- spectively, and derived from Ord. No. 90-73, § 1, adopted July 24, 1990; and Ord No. 01-44, § 1, adopted March 20, 2001. Sec. 8AA-75. Continuity of service. (a) It is the right of all subscribers to receive all available services from the licensee as long as their obligations to the licensee are satisfied. It is a violation of this chapter for the licensee to terminate service or fail to provide service to its system for more than forty-eight (48) consecutive hours. This section does not apply to acts of God or acts of war. (b) In the event of a termination or transfer of a license for whatever reason, the licensee must do everything in its power to ensure that all County subscribers receive continuous uninter- rupted service regardless of the circumstance. If necessary, to ensure continuity of service, the licensee must cooperate with the County to oper- ate the system for a temporary period not to exceed six (6) months. Revenues accrued during that period of time shall be received by the operator. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-76. Appeal. (a) All civil penalties enforced pursuant to the provisions of Chapter 8CC, Code of Miami -Dade County, may be appealed as provided in that chapter. (b) All decisions of the Director may be ap- pealed to the County Manager within fifteen (15) days. (c) All decisions of the County Manager may be appealed within thirty (30) days by filing a written notice of appeal with the clerk of the Board of County Commissioners and providing copies to the County Manager, the Director and the County Attorney. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, a brief summary of the relief which is sought and be accompanied by a nonrefundable fee of five hundred dollars ($500.00) to be used solely to defray the cost of processing and hearing the appeal. The County Commission shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the County Manager. The County Manager shall no- tify any party who has filed a written request for such notification of the date when the matter will be presented to the Board of County Commission- ers. Nothing contained herein shall preclude the County Commission from seeking additional in- formation prior to rendering a final decision. The decision of the County Commission shall be in Supp No 33 1100 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-100 writing and a copy of the decision shall be for- warded to the County Manager, the Director and the appealing party. (d) Within the time prescribed by the appro- priate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the County Com- mission may appeal an adverse decision to the Circuit Court in and for Miami -Dade County, Florida. The party making the appeal shall be required to pay to the Clerk of the Board the sum of five hundred dollars ($500.00) to defray the costs of preparing the record on appeal. (Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01) Sec. MA -77. Force majeure. In the event the licensee's performance of any of the : terms and conditions or obligations re- quired by this chapter is prevented by a cause or event not within the licensee's control, such in- ability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall relieve the licensee of its responsi- bility to provide enhanced credits and rebates pursuant to Section 8AA-58(e), but shall not re- lieve a licensee from its general obligations to provide pro rata credits or rebates for interrup- tions in service. For the purpose of this section, causes or events not within the control of the licensee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public ene- mies, and natural disasters such as floods, earth- quakes, landslides, and fires, but shall not in- clude financial inability of the licensee to perform or failure of the licensee to obtain any necessary permits or licenses from other governmental agen- cies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the licensee, or the failure of the licensee to secure supplies, services or equipment necessary for the installation, operation, mainte- nance or repair of the cable communications sys- tem where the licensee has failed to exercise reasonable diligence to secure such supplies, ser- vices or equipment. (Ord. No. 90-73, § 1, 7-24-90) Sec. 8AA-78. County's right of intervention. The County hereby reserves to itself and the licensee acknowledges the County's right to inter- vene in any suit, action or proceeding involving the license granted hereunder or any provision in this chapter. (Ord. No. 90-73, § 1, 7-24-90) Secs. SAA-79-8AA-99. Reserved. ARTICLE II. COMMUNICATIONS SERVICES REGULATIONS* Sec. 8AA-100. Definitions. (a) Communications Facility or Facility or Sys- tem shall mean any permanent or temporary plant, equipment and property, including but not limited to . cables, wires, conduits, ` ducts, ,-.fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains; surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights -of - Way of the County and used or capable of being used to transmit, convey, route, receive, distrib- ute, provide or offer Communications Services. (b) Communications Services shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this chapter "cable service", as de- fined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and ca- ble service providers shall be subject to Article I of this chapter. (c) Communications Service Provider shall mean any Person including a municipality or county providing Communications Services through the *Editor's note —Ord. No. 01-109, § 4, adopted June 19, 2001, changed the name of article II from telecommunications regulations to communications services regulations. Supp No. 33 1101 § 8AA-100 MIAMI-DADE COUNTY CODE placement or maintenance of a Communications Facility in Public Rights -of -Way. "Communica- tions Services Provider" shall also include any Person that places or maintains a Communica- tions Facility in Public Rights -of -Way but does not provide Communications Services. (d) Consumer Services Department means the Consumer Services Department of Miami -Dade County or such other department or officer as- signed by the County to administer registrations issued pursuant to this Article. (e) Director shall be the Director of the Con- sumer Services Department or his or her desig- nee. (0 In Public Rights -of -Way or in the Public Rights -of -Way shall mean in, on, over, under or across the Public Rights -of -Way. (g) Reserved. (h) Person shall include any individual, chil- dren, firm, association, joint venture, partner- ship, estate, trust, business trust, syndicate, fidu- ciary, corporation, organisation or legal entity of any kind, successor, assignee, transferee, per- sonal representative, and all other groups or combinations. (i) Place or Maintain or Placement or Mainte- nance or Placing or Maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relo- cate. A Communications Services Provider that owns or exercises physical control over Commu- nications Facilities in Public Rights -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. (j) Permit shall mean a construction permit issued by the Public Works Department. (k) Public Rights -of -Way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the County is the authority that has jurisdiction and control and may lawfully grant access to and issue per- mits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights -of -Way" shall not include private property. "Public Rights - of -Way" shall not include any real or personal County property except as described above and shall not include County buildings, fixtures, poles, conduits, facilities or other structures or improve- ments, regardless of whether they are situated in the Public Rights -of -Way. (1) Registrant shall mean a Communications Services Provider that has registered with the Director in accordance with the provisions of this article. (m) Registration or Register shall mean the process described in this chapter whereby a Com- munications Services Provider provides the re- quired information to the Director. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. SAA 101. Registration required. (a) A Registration from Miami -Dade County is required to commence or engage in the construc- tion, maintenance of, or occupation of the public right-of-way with, a system designed to deliver Communications Services by utilizing the public rights -of -way. No public rights -of -way construc- tion permits shall be issued to a Communications Service Provider without a registration issued under this Chapter. (b) A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights -of -Way. Registration under this chapter governs only the placement or maintenance of Communications Facilities in Public Rights -of - Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights -of -Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the County's or another Person's facilities. Registra- tion does not excuse a Communications Services Provider from complying with all applicable County ordinances, codes or regulations, including this chapter. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Supp. No. 33 1102 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-104.1 Sec. 8AA-102. Rights granted by Registra- tion. (a) Subject to all existing permitting pro- cesses, the Registrant is authorized to occupy, install, lay, erect, construct, remove, relocate and maintain in, on, over or upon any and all of the public right-of-ways, as they now exist or may be hereafter constructed, opened, laid out or ex- tended within the present limits of the County, or in such territory as may be hereafter added to, consolidated or annexed to unincorporated Miami - Dade County, any and all such conduits, cables, fiber optic lines, poles, wires, supports and other structures and appurtenances as may be reason- ably necessary for the construction, maintenance and operation of a Communications System. Ex- cept as provided above, this Registration does not convey the right to attach cable or conduit to ,poles, or occupy or use real or personal _property owned by Miami -Dade County, including, but not limited to, the Metrorail and Metromover system. (b) Any Registration granted under this article shall be non-exclusive, and the issuance of a Registration will not expressly or implicitly pre- clude the County from issuance of other Registra- tions to Communications Services Providers or affect the County's right to authorize use of public rights -of -way for other lawful purposes to other persons as it determines appropriate. (c) This Registration authorizes the Regis- trant to use the public rights -of -way to provide Communications Services only. Use of the public rights -of -way for any other purpose requires sep- arate authorization. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-103. Term and renewal. A Registrant shall renew its Registration with the Director by April 1 of even numbered years in accordance with the Registration requirements in this chapter, except that a Registrant that ini- tially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to Section 8AA-107 a Regis- trant shall provide updated information to the Director including, on a street map provided by Miami -Dade County, the routes of a Registrant's system built after the effective date "of this chap- ter. If no information in the then -existing Regis- tration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the Director restrict- ing the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this chap- ter. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-104. Communications Services Tax. (a) Each Registrant that provides Communica- tions Services shall collect and remit to the Flor- ida Department of Revenue the Communications Services Tax pursuant to chapter 202, Florida Statutes and Chapter 29 Article IV A of the Code of Miami -Dade County. (b) In the event that state law is amended to allow collection of license fees from Communica- tions Services Providers, or in the event that state law preempting the collection of such license fee is declare void by a court of competent jurisdiction, the provisions contained in this section shall automatically revert to those provisions con- tained in this section in effect on the date of adoption of this chapter to the extent those pro- visions are not inconsistent with state law. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-104.1 Communications Services Providers not providing com- munications services directly to the public. Registrants that place or maintain a Commu- nications Facility in the Public Rights -of -Way but do not provide Communications Services directly to the public shall pay to the County a fee of fifty (50) cents annually per linear foot of metallic cable, fiber optic cable, or other pathway that Supp. No. 33 1103 § 8AA-104.1 MIAMI-DADE COUNTY CODE makes physical use of the Right -of -Way. This fee shall be shall be due annually on February 10th of each year. (Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 105. Audits; inspection of records. All amounts paid under section 8AA-104.1 shall be subject to audit and recomputation by the County. Upon reasonable notice, the Registrant shall make available to the County once per year, during normal business hours and at the Registrant's local office, the books, records and accounts and other documentation of the Regis- trant (hereinafter collectively referred to as the "Reports") that are necessary to determine the accuracy of the calculations upon which the li- cense fee payment is based. The Registrant shall maintain its records in such a manner as to clearly distinguish between linear foot calcula- tions derived from operations in unincorporated Miami -Dade County and such linear foot calcula- tions derived from operations in the municipali- es and other jurisdictions. Miami -Dade County maywaivethis requirement with any particular Registrant if an agreement is reached that other methods will be utilized such as audit sampling techniques which can clearly isolate revenues and/or linear foot calculations to which the County is entitled. In the event the Reports are not made available within Miami -Dade County, the Regis- trant shall reimburse the County for the reason- able travel expense of the County's representative resulting from said representative's travel to the location where the Reports are maintained. The County shall maintain all books, records, ac- counts and other documentation of Registrant in strictest confidence to the extent allowed under the Public Records Act and other applicable Flor- ida laws. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-105.1. Audits of amounts due prior to October 1, 2000. The County shall have the right and authority to inspect a Communications Services Provider's books and records and the right of audit and 3computation of any and all amounts due, under a License agreement, to the County prior to October 1, 2001. Unless otherwise agreed by the County all costs associated with any such audit shall be borne by the licensee when said audit results in increasing, by more than five (5) per- cent, the licensee's annual payment to the County. Upon reasonable notice, such records necessary to perform said audit and recomputation shall be made available to the County at the licensee's Miami -Dade County office. (Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 106. Reserved. Editor's note —Ord. No. 01-109, § 3, adopted June 19, 2001, repealed section 8AA-106 in its entirety Former section 8AA-106 pertained to annual reports and derived from Ord. No. 99-167, § 1, adopted Dec. 16, 1999. Sec. 8AA-107. Registration application pro- cedure; information required. (A) To obtain a Registration under this Article a person shall apply to the Director. To be accept- able for filing, an original and two (2) copies of the application mist be submitted. (B) Each application for registration, renewal registration, and duplicate registration shall be on a form prescribed by the Director. Each appli- cation for an initial Registration shall set forth the following: (1) The name, address and telephone number of the applicant. (2) The name, address and telephone number of the applicant's primary contact person in connection with the Registration, and the person to contact in case of an emer- gency. (3) Identification of the applicant's fiscal year calendar. (4) A description of the general nature and size of the proposed communication system's plant and equipment that Regis- trant intends to have occupy the public rights -of -way, including a list with descrip- tions of the appurtenances such as man- holes, pedestals, handholes, controlled en- vironmental vaults, etc. Supp. No. 33 1104 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-110 (5) A copy of Federal and/or State certifica- tion authorizing the applicant to provide communications services. (6) A copy of any administrative or legal decision in which the applicant was deter- mined to have violated a law or regulation governing the use of the public rights -of - way. (C) Within thirty (30) calendar days after the awarding of the Registration, the Registrant shall file with the Director its written acceptance of the Registration, together with the insurance policy and bonding documents required by this article, and its agreement to be bound by and to comply with all requirements pursuant to the provisions of this article and the Registration. (D) A Registrant may, cancel a Registration upon written notice to the Director stating that it will no longer place or maintain any Communica- tions Facilities in Public Rights -of -Way within the and will no longer need to obtain permits to perform work in Public Rights -of -Way. A Regis- trant shall not cancel a Registration if the Regis- trant continues to place or maintain any Commu- nications Facilities in Public Rights -of -Way. (E) Registration does not in and of itself estab- lish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights -of -Way within the County but shall establish for the Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replace- ment of this chapter and further subject to any additional County ordinances, as well as any State or Federal laws that may be enacted. In accordance with applicable County ordinances, codes or regulations, a permit may be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way. A Registration shall be a condition of obtaining a permit. Notwithstanding a Registration, permitting requirements shall ap- ply. A permit may be obtained by or on behalf of a Registrant having a Registration if all permitting requirements are met. (F) A Communications Services Provider with an existing Communications Facility in the Pub- lic Rights -of -Way of the County has sixty (60) days from the effective date of this chapter to comply with the terms of this chapter, including, but not limited to, Registration, or be in violation thereof. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 108. Reserved. Editor's note —Ord. No. 01-109, § 3, adopted June 19, 2001, repealed section 8AA-108 in its entirety. Former section 8AA-108 pertained to application fee and derived from Ord. No. 99-167, § 1, adopted Dec. 16, 1999. Sec. 8AA 109. Issuance of registration. The Director has the authority to and shall grant a Registration to an applicant who files a completed application and complies with the ap- plication requirements herein; provided however, the Director shall have the authority to deny a Registration if the applicant fails to meet the application requirements or the proposed use of the public rights -of -way presents a danger to the general public and other users of the public rights - of -way. (Ord. No. 99-167, § 1, 12-16-9.9; Ord_ No. 01-109, § 4, 6-19-01) Sec. 8AA-110. Notice of Transfers, Sales or Assignments of Assets in Pub- lic Rights -of -Way. If a Registrant transfers, sells or assigns its assets located in Public Rights -of -Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this chapter. Written notice of any such transfer, sale or assign- ment shall be provided by such Registrant to the Director within twenty (20) days after the effec- tive date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Regis- trant, then the transferee, buyer or assignee is not required to re -Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Reg- ister as provided in Section 8AA-107 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall Supp No. 33 1105 § 8AA-110 MIAMI-DADE COUNTY CODE notify the Public Works Department that the transferee, buyer or assignee is the new appli- cant. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Secs. 8AA-111-8AA 122. Reserved. Editor's note —Ord. No. 01-109, § 3, adopted June 19, 2001, repealed sections 8AA-111--SAA-122 in their entirety Former sections 8AA-111--8AA-122 pertained to use of county public rights -of -way, construction requirements, alteration of the system, access by county; right to use easement and streets not warranted; other agreements, permits and ease- ments requirements; no property rights conveyed; location/ relocation of facilities; work in the public right-of-way and easements; safety; county's right to inspect; unauthorized work; protection of county property; electrical standards; and emergency, respectively, and derived from Ord. No. 99-167, § 1, adopted Dec. 16, 1999. Sec. SAA-123. Service to the county If controlling law changes to require the Reg- istrant, or to authorize Miami -Dade County to require the Registrant, to provide Communica- tions Services or facilities to schools, hospitals, government or other public facilities, Miami -Dade County reserves the right to require such service or facilities. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. MA -124. Insurance. (a) The Registrant shall provide, pay for and maintain, throughout the term of its Registration, and with companies satisfactory to the County, the types of insurance described herein. All insur- ance shall be from responsible companies duly authorized to do business in the State of Florida and having a financial rating in Best's Insurance Guide of A X or better. The insurance coverage obtained by the Registrant shall be approved by the Risk Management Division of the General Services Administration. All liability policies shall provide that the County is an additional insured as to the operations under this Registration and shall provide the severability of interest provi- sion. The required coverages must be evidenced by properly executed Certificates of Insurance. The Certificates must be manually signed by the authorized representative of the insurance Regis- trant. Thirty (30) days advance written notice by registered or certified mail must be given to the County of any cancellation, intent not to renew or reduction in the policy coverages, which notice shall be sent by registered mail to the Consumer Services Department. Companies issuing the in- surance policies shall have no recourse against the County for payment of any premiums or assessments, and same shall be the sole respon- sibility of the Registrant. (b) The limits of coverage of insurance re- quired shall be not less than the following: (1) Worker's Compensation and Employer's Liability Insurance as required by Florida Statutes. (2) Comprehensive General Liability Bodily injury and property damage one million dollars ($1,000,000.00) combined single limit each occurrence. (3) Automobile Liability Bodily injury and property damage one million dollars ($1,000,000.00) combined single limit each accident covering all owned, non -owned, and hired vehicles. (c) Upon thirty (30) days notice, the insurance coverage and policy requirements may be changed and increased from time to time at the discretion of the Board of County Commissioners to reflect changing liability exposure and limits. (d) These insurance requirements may be met by evidence of participation of a bona -fide captive insurance or self insurance program that is estab- lished and regulated by a governmental entity. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. MA -125. Faithful performance and pay- ment bond. The Registrant shall within thirty (30) days of the effective date of a Registration granted under this article, furnish to the Consumer Services Department a performance bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in the amount of one hundred thousand dollars ($100,000.00). Such bond shall be maintained by the Registrant throughout the term of the Registration. The Supp. No 33 1106 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-129 Registrant shall pay all premiums and keep the bond in full effect and force at all times through- out the term of the Registration, including, if necessary, the time required for removal of all the Registrant's system installed in the County's streets, and for one (1) year after the Registration expires or is terminated. The bond shall contain a provision that it shall not be terminated or other- wise allowed to expire without thirty (30) days prior written notice first being given to the Direc- tor and the Risk Manager. The performance bond or letter of credit shall be used to guarantee the compliance with performance requirements and payment of all sums which may become due to the County under this chapter. The Registrant shall maintain a copy of the bond on file with the County along with written evidence of the re- quired premiums. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-126. Reserved. Editor's note —Ord. No. 01-109, § 3, adopted June 19, 2001, repealed section 8AA-126 in its entirety. Former section 8AA-126 pertained to indemnification and derived from Ord. No. 99-167, § 1, adopted Dec. 16, 1999. Sec. 8AA-127. Termination of Registration. The County may declare a forfeiture and ter- mination of, and revoke and cancel all rights granted under this Registration if (a) a federal/ state authority suspends, denies, or revokes a Communications Services Provider's certification to provide Communications Services; (b) the Registrant's use of the public rights -of -way pre- sents a danger to the general public and other users of the public rights -of -way; or, (c) the Reg- istrant has abandoned its Communications Facil- ities in the Public Rights -of -Way and has not complied with Section 8AA-127.1. Prior to such termination by the County, the Registrant shall be served by the County with a written notice setting forth all matters pertinent to the termina- tion action, including which of (a) through (c) above is applicable as the reason therefore, and describing the action of the County with respect thereto. The Registrant shall have sixty (60) days after service of such notice within which to ad- dress or eliminate the reason, or within which to present a plan, satisfactory to the County, to accomplish the same. In the event of such termi- nation, the Registrant shall, within a reasonable time following demand by the County, remove or abandon the Communications Facilities and take such steps as are necessary to render every por- tion of the Communications Facilities remaining within the public rights -of -way of the County safe, and shall thereupon be deemed to have abandoned same in its entirety; and the same shall thereupon become the sole property of the County without payment to the Registrant. If Miami -Dade County agrees to abandonment, the Registrant shall incur, from that time forward, no future obligations with respect to the Communi- cations Facilities. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-128. Continuing police powers. The Registrant shall at all times during the life of the Registration be subject to all lawful exer- cise of the police power of the County and to all lawful nondiscriminatory regulations as the County subsequently enacts based upon its existing pow- ers or additional powers given it in the future. The Registrant shall comply with all laws, stat- utes, codes, ordinances, rules, or regulations ap- plicable to its business. The Registrant shall at all times comply with the requirements of Article III of this Chapter. Specific and exact compliance to all zoning and building regulations shall be ad- here[d] to by the Registrant. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-129. Consumer protection. Miami -Dade County may oversee compliance with all applicable consumer protection laws and regulations, including the enforcement of Chapter 8A, Business Regulations, of the Code of Miami - Dade County and may participate in any federal, state and local proceedings involving or on behalf of consumers in Miami -Dade County. Miami - Dade County reserves the right to enact addi- tional consumer protection provisions to the ex- tent authorized by state and federal law. (Ord. No. 99-167, § 1, 12-16-99) Supp No 33 1107 § 8AA-130 MIAMI-DADE COUNTY CODE Sec. 8AA-130. Failure to enforce Registra- tion. The Registrant shall not be excused from com- plying with any of the terms and conditions of this Article by any failure of the County, upon any one (1) or more occasions, to require the Registrant's performance or compliance with any one (1) or more of such terms or conditions. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 131. Future rules by the director. The Director reserves the right to promulgate rules, regulations, and procedures to implement the intention of this article. (Ord. No. 99-167, § 1, 12-16-99) Sec. 8AA-132. Authority of the director. (a) The Director shall have the responsibility for overseeing the day-to-day administration of this article and authorizations granted hereun- der. The Director, or any member of the Director's staff so designated by the Director, may adminis- ter oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of papers, account books, contracts, documents and other records, data or informa- tion, when necessary, convenient, or appropriate in the discharge of the duties of his office. The Director shall be empowered to take all adminis- trative actions on behalf of the County, including adopting forms for application and reporting and other administrative procedures as are necessary. (b) The Director shall have the authority to initiate legal actions in the name of Miami -Dade County through the County Attorney, seeking declaratory judgment, injunctive, equitable, and legal relief to enforce the provisions of this Arti- cle. (Ord. No. 99-167, § 1, 12-16-99) Sec. 8AA-133. Director's settlement author- ity. The Director is hereby authorized to resolve by settlement any notice of violation or lawsuit ini- tiated by the Director. In deciding to settle a dispute over an alleged violation, the County shall consider: (1) The probability of success in proving the violation; (2) The nature and seriousness of the viola- tion; (3) The Registrant's past history concerning similar violations; (4) Mitigating factors; and (5) The Registrant's success in resolving the dispute with affected customers. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA-134. Appeals of actions, decisions or determinations of the di- rector, judicial review. (a) Any Registrant who is aggrieved by any final action, decision or determination of the Director pursuant to this article may appeal to a hearing officer. Appeal shall be initiated by filing a written notice of appeal with the Director within fifteen (15) days after the date of the action, decision or determination complained of. The writ- ten notice of appeal shall set forth the nature and date of the action, decision or determination to be reviewed and a brief summary of the grounds for the appeal. Upon such filing, an administrative hearing shall be scheduled and heard by a hear- ing officer pursuant to Section 8CC of the Code of Miami -Dade County, Florida. The Hearing Officer shall set the matter for hearing on the earliest practicable regularly scheduled hearing date or as soon as possible, but no sooner than ten (10) days after the request has been filed and shall cause notice of the hearing to be served upon the aggrieved party by first class mail. The notice may include, but not be limited to, the applicable Sections of 8CC-6(b)(2) through (9) of the Code of Miami -Dade County, Florida. The hearing officer shall hear and consider all relevant facts in accor- dance with the procedures set forth in Sections 8CC-6(e), (f), (g), (i), (j), (k), (1), (m)(2), and (n) of the Code of Miami -Dade County (any reference in these sections to Inspector shall mean "Director" and to violator shall mean "the person filing the Supp No 33 1108 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-136 appeal"), and may affirm, modify or reverse the action, decision or determination appealed from. The decision of the Hearing Officer shall consti- tute final administrative review and no rehearing shall be permitted. Nothing herein shall be con- strued to prevent or prohibit the Director from instituting any civil action or proceeding autho- rized by this Article at any time. (b) The Director, the Miami -Dade County Con- sumer Advocate, or any Registrant who is ag- grieved by any decision of the Hearing Officer may appeal a final order of the Hearing Officer by filing a notice of appeal in the Circuit Court in and for Miami -Dade County, Florida, in accor- dance with procedures and within the time pro- vided by the Florida Rules of Appellate Procedure for review of administrative action. The words "action," "decision" and "determination" as used herein shall not include the filing or institution of any action, conference or proceeding by the Direc- tor in any court otherwise. (c) Any regulated person making the appeal shall be required to pay the Director a fee, to be established by administrative order of the County Manager, to defray the costs of preparing the record on appeal. Said fee shall be effective upon approval by the Commission. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 135. Civil penalties. In addition to any other judicial or administra- tive remedies or penalties provided by law, rule, regulation or ordinance, any person who violates any of the provisions of this article, any cease and desist order of the Director, any notice to correct a violation or any assurance of voluntary compli- ance pursuant to Section 8A-82.1 of the Code and this Article with respect to matters regulated under this Article or any other lawful order of the Director shall be subject to the judicial imposition and recovery of a civil penalty in an amount of not more than ten thousand dollars ($10,000.00) per offense. Each day during any portion of which such violation occurs or continues to occur consti- tutes a separate offense. Such monies recovered by the Director shall be deposited in a separate county fund to be used exclusively for enforce- ment of this Article. For purposes of this Article, all references to Chapter 8A in Section 8A-82.1 shall mean this Article. (Ord. No. 99-167, § 1, 12-16-99; Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 136. Enforcement procedure; rem- edies; attorney's fees; costs. - (a) It sball be unlawful for any person to violate any of the provisions of this article. In addition to any other judicial or administrative remedies provided by law, rule, regulation, ordi- nance, or this article, the Director shall have the following judicial remedies available to enforce the provisions of this article: (1) The Director may institute a civil action in a court of competent jurisdiction to seek temporary or permanent declaratory or injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this article. (2) The Director may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than ten thousand dollars ($10,000.00) for each violation of any of the provisions of this article. Each day during any portion of which such violation occurs or continues to occur con- stitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder. (3) The Director may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums and costs expended by the Director for tracing, investigating, preventing, controlling, abating or reme- dying any violation of any of the provi- sions of this article. (b) Upon the rendition of a judgment or decree by any of the courts of this state against any person and in favor of the Director under any of the provisions of this article, the trial court, or, in the event of an appeal in which the Director prevails, the appellate court, shall adjudge or Supp. No. 33 1109 § 8AA-136 MIAMI-DADE COUNTY CODE decree against said person and in favor of the Director a reasonable sum as fees or compensa- tion for the Director's attorney prosecuting the suit in which the recovery is had. Where so awarded, compensation or fees of the attorney shall be included in the judgment or decree ren- dered in the case. This provision shall apply to all civil actions, legal or equitable, filed after the effective date of this article by the Director. (c) All the judicial and administrative reme- dies in this article are independent and cumula- tive. (Ord. No. 99-167, § 1, 12-16-99) Secs. 8AA 137--8AA-149. Reserved. ARTICLE III. PUBLIC RIGHTS -OF -WAY REGULATIONS FOR COMMUNICATIONS SERVICES PROVIDERS Sec. 8AA-150. Definitions. ) (a) Abandonment shall mean the permanent cessation of all uses of a Communications Facil- ity; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights - of -Way. (b) Director shall mean the Director of the Consumer Services Department. (c) Facility for purposes of this article shall mean a "Cable System" as defined by Article I of this chapter or a "Communications Facility" as defined by Article II of this chapter. (d) In Public Rights -of -Way or in the Public Rights -of -Way shall mean in, on, over, under or across the Public Rights -of -Way. (e) Place or Maintain or Placement or Mainte- nance or Placing or Maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relo- ate. A Provider that owns or exercises physical control over Communications Facilities in Public Rights -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. (f) Permit shall mean a construction permit issued by the Public Works Department. (g) Provider for purposes of this article shall mean a provider of "Cable Service" as defined by Article I of this chapter or a "Communications Service Provider" as defined by Article II of this chapter. (h) Public Rights -of -Way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the County is the authority that has jurisdiction and control and may lawfully grant access to and issue per- mits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. 'Public Rights -of -Way" shall not include private property. "Public Rights - of -Way" shall not include any real or personal County property except as described above and shall not include County buildings, fixtures, poles, conduits, facilities or other structures or improve- ments, regardless of whether they are situated in the Public Rights -of -Way. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-151. Intent and purpose. It is the intent of the County to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights - of -Way within the County; adopting and admin- istering reasonable rules and regulations not in- consistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, the County's home -rule author- ity, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights -of -Way by all Com- munications Services Providers; and minimizing disruption to the Public Rights -of -Way. It is the intent of the County to treat all Providers in a nondiscriminatory and competitively neutral man- Supp No. 33 1110 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-156 ner when imposing rules or regulations governing the placement or maintenance of Facilities in the public roads or Public Rights -of -Way. (Ord. No. 01-109, § 5, 6-19-01) Sec. SAA 152. Use of County Public Rights - of -Way; Construction Require- ments; Alteration of the Sys- tem; Access by County. Subject to all applicable provisions of the County, Provider may perform all necessary work to con- struct, occupy and maintain its Facilities. The Provider must comply at all times with all poli- cies, procedures and directives of the Public Works Department, the Planning and Zoning Depart- ment and the Building Department. Prior to the installation, placement or removal of any con- duits, cables or pole lines, facilities, or the start of any other type of construction on the County's public rights -of -way, the Provider shall, pursuant to the requirements of existing or subsequently enacted County ordinances, obtain all permits from, and where applicable pay all fees to, the Public Works Department, the Planning and Zon- ing Department and the Building Department. The issuance of a permit by the County shall not be construed by the Provider as a warranty that the placement by the Provider of its conduits, cables or pole lines, facilities, or the start of construction, is in compliance with any applicable rules, regulations or laws. All construction and maintenance of the Provider's Facilities within County public rights -of -way incident to Provider's provision of service shall, regardless of who per- forms installation and/or construction, be and remain the responsibility of the Provider. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-152.1. Protection of underground utilities In connection with excavation in the Public Rights -of -Way, Providers, where applicable, shall comply with the requirements of Article XIII.5 of Chapter 21 of the Code of Miami -Dade County. (Ord. No. 01-109, § 5, 6-19-01) Sec. SAA-153. Compliance with applicable laws and ordinances. (a) All Providers shall at all times during the life of this chapter be subject to all lawful exercise of the police power by the County and to such reasonable regulation by the County as the County shall hereafter provide. All Providers shall com- ply with all laws, statutes, codes, ordinances, rules, or regulations applicable to its business. Specific and exact compliance to all zoning and building regulations shall be adhered to by Pro- viders. (b) Except as may be specifically provided for in this chapter, the failure of the County or a licensee, upon more than one (1) occasion, to exercise a right or to require compliance or per- formance under this chapter shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance in the future. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-154. Right to use Easement Streets Not Warranted. It is understood that there may be from time to time within the County various Public Rights -of - Way which the County does not have the unqual- ified right to authorize Providers to use; there- fore, in granting a Communications Services Provider Registration or a Cable Service provider License, the County does not warrant or repre- sent as to any particular easement, right-of-way, or portion of a right-of-way or easement, that it has the right to authorize Providers to Place or Maintain portions of its Facilities therein. (Ord. No. 01-109, § 5, 6-19-01) and Sec. 8AA-155. Other Agreements, Permits and Easements Requirements. Nothing in this Article or with respect to the issuance of a Registration or License shall be construed to require the County to assume any responsibility for the securing of any right-of-way, easements, or other rights which may be required by a Provider for the installation of its Facilities, nor shall the County be responsible for securing any permits or agreements with other persons or utilities. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-156. No Property Rights Conveyed. Nothing in this Article or with respect to the issuance of a Registration or License shall grant to Providers any right of property in County- Supp. No 33 1111 § 8AA-156 MIAMI-DADE COUNTY CODE owned property or public rights -of -way, nor shall the County be compelled to maintain any of its property or public rights -of -way any longer than, or in any other fashion than in the County's judgment, its own business or needs may require. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA 156.1 Reservation of rights. (a) The County reserves the right to amend this chapter as it shall find it necessary in the lawful exercise of its police powers. (b) The County reserves the right to amend this chapter as it existed prior to the effective date of this article, to the full extent permitted by state and federal law. (c) This article shall be applicable to all facili- ties Placed or Maintained in the County's Rights - of -Way on or after the effective date of this article, to the full extent permitted by state and federal law. (d) The adoption of this article is not intended to waive any rights or defenses under any existing franchise, license or other agreements with a Provider. (Ord. No. 01-109, § 5, 6-19-01) Sec. SAA-157. County's Right to Inspect. The County shall have the right to inspect a Provider's Facilities located in the Public Rights - of -way and its installation, construction, and main- tenance to insure compliance with the terms of this chapter and any requirements of the Public Works Department or applicable ordinances. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-158. Joint or common use of poles. Providers shall enter into agreements for the joint or common use of poles or other wire holding structures where poles or other wire holding structures already exist for the use in serving the County or serving the public convenience. No location of any pole or wire holding structure of :,he Provider shall be a vested interest, and such pole or structure shall be removed or modified by the licensee at its own expense whenever the County determines it to be necessary in conjunc- tion with a County project. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-159. Location/Relocation of Facili- ties. (a) Unless controlling law provides otherwise, a Provider's system shall be installed under- ground in areas where existing power or tele- phone facilities are underground. If both power and telephone facilities are installed above ground, the Provider shall install its facilities under- ground at the request of a resident or property owner when the resident or property owner agrees to pay the additional cost of such installation. (b) Provider shall not place any fixtures or equipment where the same will interfere with any existing gas, electric, cable system, telephone, sewer, drainage, or water lines, fixtures or equip- ment. The Provider shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual travel on streets; with the installation or operation of gas, electric, Cable System, telephone, water, drainage, or sewer line equipment, or with the rights of owners of property which abuts any Public Right -of -Way. (c) Unless controlling law provides otherwise, Providers shall relocate any above ground portion of their systems underground in any easement or right-of-way area where existing power or tele- phone facilities are hereafter so relocated. Any such relocation shall be at the Provider's expense, and such relocation shall be accomplished concur- rently with relocation of any such power and telephone facilities. (d) Provider shall have the authority to trim trees upon or overhanging streets, alleys, side- walks and public ways and places of the County so as to prevent the branches of such trees from coming in contact with the wires and cables of the Provider, in a manner approved by and acceptable to the County. When the County determines such trimming is necessary to protect the health safety and welfare of the public, such trimming may be done by it or under its supervision and direction Supp. No. 33 1112 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-160 at the expense of the Provider, if prior notification has been given to the Provider and the Provider thereafter failed to respond. (e) A Provider shall promptly and at the Provider's own expense protect, support, tempo- rarily disconnect, remove, modify or relocate any part of their system when required by the County by reason of traffic conditions, public safety, road construction, change of street grade, installation of sewers, drains, water pipes, power lines, signal devices, tracks, any other type of County improve- ment project, or to accommodate the abandon- ment of any street. Such work shall be completed no later than 30 days after receiving notice from the County or such longer period as may be agreed to by the County. In the event such con- tingency occurs, and the Provider fails to remove or modify its system, the County may, upon notice to the Provider, make the necessary removals and charge the Provider for the cost. Nothing in this Section shall be construed to waive any rights the Provider may have under state or federal law to be reimbursed for relocation expenses. (f) Each Provider shall, on the request of any person holding a building moving permit issued by the County, temporarily remove, 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 same, and the Provider shall have the authority to require such payment in advance. The Provider shall be given not less than seven (7) days advance notice to arrange for such tempo- rary wire changes. (g) When placed underground, all service lines, drops, or laterals that connect the end user cus- tomer to the Provider's distribution system shall be buried as follows: (a) on easements and public rights -of -way at the depth as established by the Public Works manual or regulations; and (b) on private property at a sufficient depth so that no portion of the line is exposed. The County may impose a specific depth requirement for such lines on private property. (h) Except for relocation expenses when autho- rized by state or federal law, the Provider shall not be entitled to any compensation for damages from the County as a result of having to remove or relocate its property, lines and cable from such public property or public rights -of -way in the event the County determines that a necessity exists for such removal or relocation. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-160. Work in the right-of-way. (a) The Provider must obtain any required permits before causing any damage or distur- bance to public rights -of -way, easements or thor- oughfares as a result of its construction or oper- ations and must restore to their former condition such property in a manner approved by the County. If such restoration is not satisfactorily performed within a reasonable time, the County, after prior notice to the Provider, may cause the repairs to be made at the expense of the Provider. All addi- tional or reoccurring repairs required as a result of the Provider's work may also be made at the expense of the Provider. (b) Providers granted Permits to Place or Main- tain Facilities in the Public Rights -of -Way shall provide at least seven (7) days' prior written notice to the residents of an area that Provider's construction crews will be working in the area by mail and/or through the placement of notices on the front door knobs of the residents in the area, with such notices providing the licensee's name and telephone number. Such notice will inform customers that construction will take place and contain the anticipated duration, a brief and accurate statement of Provider's property and rights -of -way restoration obligations, name of con- tractor, if any, and list the telephone number of the Consumer Services Department if residents have complaints regarding construction and/or restoration. The Director shall promulgate a model notice form. Use of that form, while not required, will constitute per se compliance with this notice requirement. (c) All vehicles utilized by Providers in the construction of the Provider's system shall be clearly marked, providing the licensee's name and telephone number, and, if applicable, the CC# as required by Section 10-4 of the Miami -Dade County Code. Subcontractors working for multiple Pro- viders may place magnetic signage on their vehi- cle(s) to meet the requirements of this subsection; Supp. No. 33 1113 § 8AA-160 MIAMI-DADE COUNTY CODE provided, however, this provision does not affect the subcontractors Section 10-4 requirements. All personnel employed or subcontracted by Provid- ers in the construction of the Provider's system shall possess identification providing the employee's name and the licensee's name and telephone numbers. (d) Providers shall join and maintain a contin- uous membership in Sunshine State One Call of Florida, Inc. or other bona fide underground no- tification program accepted by Miami -Dade County and use its services prior to construction. Only certified contractors may be utilized for the con- struction. (e) All new pedestals, amplifiers and power supplies installed or worked on by the Provider shall be marked with the name of the Provider. The Provider will make all reasonable efforts to ensure that all existing pedestals, amplifiers and power supplies shall be marked during the nor- mal course of business. (Ord. No: 01-109, § 5, 6-19-01) • Sec. 8AA 161. Safety. (a) Providers' work performance, equipment, and job sites shall be in compliance with all applicable County, State and federal require- ments and shall conform to the provisions of the public works manual. Provider's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices as are required by the Manual on Uniform Traffic Control Devices (FDOT), Road- way and Traffic Design Standards (FDOT) and/or any requirements of the Public Works Depart- ment to protect all members of the public having occasion to use the portion of the streets involved or adjacent property. (b) The Provider shall at all times employ due care and shall install, maintain and use com- monly accepted methods and devices for prevent- ing failures and accidents which are likely to cause damage, injuries or nuisances to the public. All of Provider's structures and all lines, equip- ment and connection in, over, under and upon the public rights -of -way of the County wherever situ- ated or located shall at all times be kept and maintained in a safe, suitable, substantial condi- tion, and in good order and repair. (Ord. No. 01-109, § 4, 6-19-01) Sec. 8AA 162. Technical Standards. (a) All construction, installation, grounding, and maintenance shall comply with the current versions of the National Electrical Safety Code and the National Electrical Code. (b) Underground construction in streets shall be of such quality as to assure continuity of service without the necessity of frequent street or pavement cutting. (c) All cables and wires shall be installed, where possible, parallel with electric and tele- phone lines. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA 163. Unauthorized Work. Any conduits, cables or pole lines installed or placed without first having obtained the Permits herein before provided for shall be removed within ten (10) days following written notice by the County. Failure to comply following written notice may result in the removal of the conduits, cables or poles by order of the Public Works Department and the cost of removal shall be borne and paid by the Provider. When permits are required, all work done without permits will cease until all permits are pulled. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA 164. Protection of County Prop- erty. The Provider shall not in any way displace, damage or destroy any sewer, water main, pipe or any other facilities belonging to the County with- out the consent of the County; and the Provider shall be liable to the County for the cost of any repairs made necessary by any such displace- ment, damage or destruction and shall pay such costs upon demand. (Ord. No. 01-109, § 5, 6-19-01) Supp. No. 33 1114 CABLE AND COMMUNICATIONS SERVICES PROVIDERS § 8AA-168 Sec. 8AA 165. Emergency, liability, indemni- fication; liability in case of emergency. (a) In an emergency that affects the public safety, as determined by the County, when the Provider or its representative is immediately un- available or unable to provide the necessary im- mediate repairs to any portion of the Public Rights -of -Way that is damaged due to any faults or settled or sunken areas that may develop in any area over, around or adjacent to same, the County, when apprised of such an emergency, shall have the right to make the repairs with the total cost of same being charged to 'the Provider. (b) If, at any time in case of fire, police action, disaster, or other emergency, it shall appear nec- essary in the reasonable judgment of the County to cut, move or otherwise interfere with any of the wires, cables, amplifiers, appliances or appurte- nances thereto of the Provider the County shall not be liable for any injury or damage to such property and equipment of the Provider as a result of such cutting, moving or interference. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-166. Abandonment of Facilities. (a) Upon abandonment of a Facility owned by a Provider in the Public Rights -of -Way, the Pro- vider shall notify the Director within ninety (90) days. The Director may direct the Provider by written notice to remove all or any portion of such Abandoned Facility at the Provider's sole expense if the County determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (a) compromises safety at any time for any Public Rights -of -Way user or during construc- tion or maintenance in Public Rights -of -Way; (b) prevents another Person from locating facilities in the area of Public Rights -of -Way where the Abandoned Facility is located when other alter- native locations are not reasonably available; or (c) creates a maintenance condition that is disrup- tive to the Public Rights -of -Way's use. In the event of (b), the County may require the third Person to coordinate with the Provider that owns the existing Facility for joint removal and place- ment, where agreed to by the Registrant. (b) Reserved. (c) In the event that the County does not direct the removal of the Abandoned Facility, the Pro- vider, by its notice of Abandonment to the County, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the County or another Person at such third party's cost. (d) If the Provider fails to remove all or any portion of an Abandoned Facility as directed by the County within a reasonable time period as may be required by the County under the circum- stances, the County may perform such removal and charge the cost of the removal against the Provider. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-167. Removal and restoration; re- moval required. (a) 1b the extent that it is determined to be in the interest of the health, safety, and welfare of the public a Provider shall, upon notice, promptly remove from the public rights -of -way all portions of the system and poles of such system. (b) In the event that a communications facility has been installed in any street without comply- ing with the requirements of this article, the Provider, within thirty (30) days after written notice by the County, shall commence removal from the streets of all such property as the County may require. (Ord. No. 01-109, § 5, 6-19-01) Sec. 8AA-168. Restoration Required. (a) In the event of such removal as referenced herein, the Provider shall promptly and reason- ably restore the street or other area from which such property was removed to the condition exist- ing prior to the disruption of the street or other area. (b) If a Provider fails to properly and promptly restore the area, the County, at its election, may restore the area and cause forfeiture of the per- Supp No 33 1115 § 8AA-168 MIAMI-DADE COUNTY CODE manent performance bond in order to reimburse the County for any costs and expenses it incurs for restoring the area. (Ord. No. 01-109, § 5, 6-19-01) [The next page is 11511 Supp. No. 33 1116 Code Section Description of Violation Civil Penalty 8M-3 Operating a cable system without a Miami -Dade County license 500.00 8M-12 Installing facilities or providing services outside priority service area 500.00 8M-14 Failure to obtain approval to transfer a license 500.00 8AA-21, 8M-22 Failure to maintain insurance 500.00 8AA-23, 8M-24 Failure to maintain bond or letter of credit 500.00 8AA-27 Failure to comply with construction and limitations 500.00 8AA-31 Failure to submit construction plan 500.00 8AA-159(g) Failure to bury drop cable 100.00 8AA-160(c) Failure to properly identify vehicles and field personnel 100,00 8M -160(d) Failure to maintain membership in Sunshine State One Call 100.00 8AA-39 Improper grounding 200.00 8AA-41 Failure to provide equipment for hearing impaired 50.00 8AA-42 Failure to provide standby power 100.00 8AA-45 Failure to provide NB switch 50.00 8AA-47 Failure to provide emergency override facilities 500.00 8AA-48 Failure to service public building 100,00 8AA-50(b), 8AA-50(c) Failure to provide required educational and government access channels 500.00 8AA-50(f) Failure to contribute capital costs 500.00 8AA-52, 8AA-53, 8M-54 Failure to comply with record and reporting requirements 500,00 8AA-57 Failure to maintain consumer protection provisions 500.00 8AA-58(c) Failure to extend service to development 500.00 8AA-101 Failure to obtain a Communications Services Provider Registration 5,000,00 8M-152, 157, 159(a) -(f), 160, 161, 162(a), 163, 164 Failure to comply with construction and safety requirements - 500.00 8AA-124 Failure to maintain insurance 500.00 8AA-125 Failure to maintain faithful performance bond or letter of credit 500.00 All other Chapter 8AA, Article I violations 500.00 Appendix A Approved Mayor Agenda Item No. Veto Override ORDINANCE NO. ORDINANCE AMENDING SECTION 8AA OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGULATING CABLE TELEVISION; PROVIDING APPLICABILITY AND DEFINITIONS, PROVIDING FOR APPLICATION FEES, LICENSING PROCEDURES; LICENSING APPLICATION FEE, AUTHORITY OF THE DIRECTOR, LICENSE RENEWAL AND TRANSFER; REGULATION AND INSPECTION OF CONSTRUCTION AND PERFORMANCE OF CABLE SYSTEMS, CONSUMER PROTECTION PROVISIONS; CAPITAL CONTRIBUTIONS; PROGRAMMING; PROVIDING ENFORCEMENT; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 8AA of the Code of Miami -Dade County, Florida, is hereby amended to read as follows:1 ART. I CABLE TELEVISION REGULATIONS. Sec. 8AA-1. Intent and purpose. It is the intent of the County to promote the public health, safety, and general welfare by providing for the control of cable [[-------- ]]systems in incorporated and unincorporated «Dade County; to provide for the payment of fees and other valuable consideration by a licensee to the County for the privilege of using public rights -of -way for constructing and operating a cable [[---- --]]system; to promote widespread availability of cable service to County residents; to encourage the provision of diverse information to the community over cable; and to establish minimum standards for the regulation and performance of cable [[ ]]systems in » _ «Dade County for all cable television licenses granted or renewed after the effective date of this chapter `Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or »double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Agenda Item No. Page 2 Sec. 8AA-1.1. Name and Scope. This chapter [[ ]] shall be known as the "» «Dade County [[— ]] Cable [[V.]]Ordinance." It shall be applicable to all licenses issued on or after the date this chapter is passed. Nothing in this chapter shall be construed to interfere with the rights, if any, vested in a licensed cable [[ ]] operator pursuant to a » «Dade County [[ —1]» « license that has not expired or pursuant to federal law.» Sec. 8AA-2. Definitions. Any word or term defined in the [[- ]]» «Act but not defined below shall have the meaning set forth in the [[- ]]» _ _____ _ ____________«Act. (a) «[[ ]] Act shall mean the federal » Policy Act of 1984,«l[ ]] » --- -- Cable Communications (b) Cable service shall mean the one way transmission to subscribers of video programming or other programming services, and the subscriber interaction, if any, which is required for the selection » «of such video programming or other programming service. (c) Cable system, [[ ]]»__ «mean 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 a community, but such term does not include: (1) A facility that serves only to retransmit the television signal of one (1) or more television broadcast stations; Agenda Item No. Page 3 (2) A facility that serves [[------]]subscribers » «[[ ]]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 » «[[ ]] Act, except that such facility shall be considered a cable system » «to the extent such facility is used in the transmission of video programming » « to subscribers[[-]]» interactive (4) Any facilities of any electric utility used solely for operating its electric utility systems[[ ]]» - « (d) Channel or cable channel shall mean » »(i) «[[ ]]»Reserved.« Agenda Item No. Page 4 (k) Easement dedicated for compatible use means all easements that a cable [[----]] operator is authorized by State, federal, or local law to use in operating its cable [[-----]] system. (m) Gross revenue shall mean all revenue [[ ]] derived directly or indirectly by the licensee, arising from or in connection with operation of the cable system » « within » «Dade County including, but not limited to: revenues from all charges for entertainment and non -entertainment services provided to subscribers; basic service » « monthly fees; installation, reconnection and [[--------]] » « fees; leased access fees; converter» « rentals or retail sales; studio or other facility or equipment rentals; advertising; revenue derived from the sale of products advertised or promoted on the system,[[ ]]» divided license j« the sale of signal to unlicensed operators; late fees; premium services; enhanced basic services; and all other revenue» «. Gross revenue shall not include uncollected bad debt; revenue derived from the sale or rent of real property, except studios; interest; taxes imposed by law on subscribers which the [[ ]]» « is obligated to collect and which the company passes on, in full, to the applicable tax authority or authorities; charges for repair to equipment; resale of equipment on a wholesale basis; sublicensing fees to other licensed operators that pay license fees to the County; collection fees; returned check charges; or unreturned equipment charges. Agenda Item No. Page 5 (n) Interconnect shall mean the electronic connection of two (2) or more different cable systems »I « for the purpose of sharing » « programs or other » « signals. (o) License shall mean the license granted to the applicant for permission to install» « and operate [[ ]]» « systems in Dade County. (q) (s) Licensee shall be the corporation, partnership, individual, or other entity granted a license for [[ ]]» maintenance « by the Board of County Commissioners. [ ----.]]»Reserved.« (u) Satellite master antenna television system or SMATV shall mean a facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings [[ ]] unless such facility or facilities use any public right-of-way, public property, public easement, or other easement whose use is regulated by government (y) «[[ Utility Notification Center Liaison for Excavators. ]] Sec. 8AA-3. Licensing provisions; license required. (a) Any person desiring to install and/or operate any cable television system in the unincorporated and incorporated areas of Dade County shall apply to the Commission for a license pursuant to this chapter. Any license granted by the County shall authorize and permit the licensee to engage in the business of » «operating » and providing« [[-- ]]» «in the license [[-- ]]area[[ ]] For that purpose, Agenda Item No. Page 6 subject to the approval of the Public Works Department and all existing permitting processes, the licensee is authorized to install, construct, maintain and operate in, along, under, over, through, across and upon any public right-of-way or street, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary to the [[---]]» « system. To the extent provided by State and federal law, the licensee shall be entitled to use easements dedicated for compatible uses. Sec. 8AA-4. License application procedure; information required. (a) All applications to construct, operate, or maintain any [[ ]]» « system in the unincorporated or incorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere, shall be filed with the » _ «[[ ]] An application for the grant of an initial license may be filed pursuant to a request for proposals issued by the County or on an unsolicited basis. To be acceptable for filing, an original and two (2) copies of the application must be submitted and be accompanied by the application filing fee where required. (b) Each application for an initial license shall set forth the following: (2) A detailed statement of the corporate or other business organization of the applicant, including but not limited to the following: (d) The names and addresses of any business entities owned or controlled by the applicant, including, but not limited to, SMATV or [[ ]]» _ « operations. (f) A detailed description of all previous experience of the applicant in providing « services or related or similar services which includes a statement identifying, by place and date, all other cable television licenses or Agenda Item No. Page 7 franchises awarded to the applicant, its parent or subsidiary; the status of the licenses or franchises with respect to completion; the total cost of completion of such systems; and the amount of applicant's and its parent's or subsidiary's resources committed to such systems (7) Copies of all reports filed with the FCC within the last twelve (12) months by the applicant or its parent relating to [[ ]]» « operations, including but not limited to the last and most current FCC Form 325. Sec. 8AA-5. Application fee. (b) Application fees shall be the following amounts: For an initial license [[ For renewal of a license [[ For transfer of a license [[ For modification of a license For expansion of a license 11» ll» ll» __ « 1,000.00 1,000 00 Where the applicant has already received a municipal license, and seeks only to service areas within the municipality, the application fee shall be one-half of the amount listed in the above schedule. (c) Where the County's out-of-pocket costs in considering the application exceed the amount of the application filing fee, such costs shall be paid by the applicant. Within thirty (30) calendar days of the date of the resolution approving the application, the » « [[ --]] must notify the approved applicant of the amount of any such processing fee and its method of calculation If the processing fee is not paid within sixty (60) calendar days of the date of the Commission resolution approving the application, any license approved by the resolution will be null and void. Payment under protest of the processing fee shall be a prerequisite to contesting the amount of the fee pursuant to Section 8AA-76 [[ Agenda Item No. Page 8 ]]To the extent any such costs are applicable to more than one licensed operator, the cost shall be allocated on a weighted pro rata share of all Dade County subscribers. Sec. 8AA-6. Notice and comment period for initial [[----- ---- —]] licenses. (a) If the [[ ]]» « finds that an application is incomplete, the application and the fee shall be returned to the applicant with a letter describing any and all insufficiencies found in the application. The applicant may then reapply for a license upon correcting the deficiencies noted by the [[ 1]» «. Upon receipt of a complete application, the [[ ]]» « shall publish notice within a ninety -day period requesting written comments from the public or any interested person. The notice shall name the applicant, describe the proposed [[ service]] » « area, name any existing licensee authorized to serve the area, establish a closing date for receiving comments and provide the address where the comments should be sent. All such written comments shall be submitted at least thirty (30) days before the public hearing required by Section 8AA-7. (b) Upon the receipt of an application for a municipal area, the [[- -------___________]]» « shall contact the municipality involved and request access to all pertinent documentation regarding the application. The [[ ____1]» « shall determine whether the information submitted to the municipality meets, at a minimum, the requirements of this chapter, and shall determine whether a public hearing was held by a municipality regarding the application. The [[ ]]» « shall determine whether the municipal license or franchise contains any terms or conditions inconsistent with this chapter. If so, the »County« Manager shall identify those inconsistencies in his»/her« report to the Commission. Applications from applicants which have been issued a municipal license, franchise or permit may be processed at the discretion of the [[ ]]» _ _ « without the notice and comment requirements in Section 8AA-6(a) provided that: * * Sec. 8AA-7. Public hearing for initial and expansion licenses. (a) The County Manager shall prepare a report to the Commission regarding the award of a license to the applicant, which report shall consider and respond to any comments received and shall contain the County Agenda Item No. Page 9 Manager's recommendations concerning the application. The County Manager shall schedule a public hearing before the Board of County Commissioners to consider the application and the County Manager's report. Notification of any [[-----]]» « license hearing must be published [[ — -]] in a paper of general circulation in the County. The notice shall name the applicant, describe the proposed [[--------------]]» « area, and set a time and date certain» «[[ ]] The public hearing may be continued from time to time and from place to place as determined to be necessary by the Commission. The County shall make a final determination on the application within [[ ]]» « months of the date a completed application was received unless it is determined that the applicant has caused the delay (b) The Commission shall consider all factors required by State or federal law, including, among other factors the applicant's character, technical, legal, and financial qualifications to construct and operate the facilities proposed; the nature of the proposed system, the economic impact on private property within the proposed [[ __ ____ ___—_____ _]]» « area; the capability of the public rights -of -way to accommodate the proposed system; the present and future use of the rights -of -way to be used; the potential disruption to existing users of the right-of-way, whether the proposal will meet reasonably anticipated community needs and serve the public interest; and all other factors as the County may determine to be relevant. The Commission shall approve, disapprove or take any other action it finds to be in the public interest. [[ ]] Sec. 8AA-8. Term of the license. No license, including a renewal license, shall be issued for a term longer than ten (10) years A licensee holding a current license under any previous ordinance may file for a renewal of its license pursuant to the terms of this chapter which shall require adequate notice to the public and opportunity to comment and may have its license renewed for additional periods of no longer than ten (10) years duration. » Sec. 8AA-11. Changes to terms and conditions. Agenda Item No. Page 10 Each application for modification of a license shall set forth the following information. To be acceptable for filing, [[-- ]] the application must be submitted and be accompanied by the required application fee. Sec. 8AA-12. Expansion of a [[--- -------------]]» area. Except for pass -through facilities to connect noncontiguous portions of a licensee's [[ ]]» « area, no facilities or equipment may be installed outside of the licensee's [[ ]] area, and the licensee shall not offer or provide service to persons outside of the [[ ]]» « area. Licensees may apply for an expansion of their [[ ]]» « area by filing an [[ ] application accompanied by the required application fee. [[ .]]» (a) The [[ ]] » « shall investigate all applications for installation of [[----]]» _ « distribution systems to determine whether the application meets the following standards: * (b) Should the [[--------]]» « determine that the requested installation is within the licensed areas, the [[ ]]» _ —_ « shall, within ten (10) days after receipt of the application, provide notice of the application to the [[----]]>>___ << licensee or licensees operating within the County. Such affected licensee may, within twenty (20) days after the date shown on the face of the notice provide written comments regarding the requested installation. The [[ ]]» « shall consider and respond to any such comments received in a timely manner. [[ ]] Applications for installation of [[ ]]» « distribution systems shall be approved or disapproved by the [[ ]]» «, whether in whole or in part, in writing not later than ninety (90) days after receipt of an application. Applications for which decisions are not rendered within ninety (90) days shall be considered approved in their entirety. The [[ [[» « shall notify the licensee, the Public Works Department, the utility companies, and each licensee in the affected area of his decision Agenda Item No. Page 11 Section 13. Renewal. The County shall grant or deny renewals pursuant to the procedures mandated by any controlling federal or State law in effect at the time of the renewal [[ ]] Section 14. Transfers. * * (b) Any transfer of a license shall be subject to the application requirements of Section 8AA-4 (B)(1), (2), (3), and (8). Final action on the request shall be taken [[ 1]» « within a reasonable amount of time of receipt of a completed application. (d) This section does not apply to any restructure, recapitalization or refinancing which does not change the effective control of the licensee; in such transfer, the licensee shall give prior notice to the [[ ]]» «within thirty (30) days prior to such transfer. * Section 8AA-15. Authority of the [[ 11» «. (a) The [[ ]]» « shall have the responsibility for overseeing the day-to-day administration of this chapter and licenses granted hereunder. The [[ ]]» «, or any member of the [[ ]]» « staff so designated by the [[ ]]» «, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of papers, account books, contracts, documents and other records, data or information, when necessary, convenient, or appropriate in the discharge of the duties of his office The [[ ]]» « shall be empowered to take all administrative actions on behalf of the County, including adopting forms for application and reporting and other administrative procedures as are necessary, except for those actions specified in this chapter which are reserved to the Board of County Commissioners. (b) The [[ ]]» « shall exercise jurisdiction and have the power and authority to regulate Agenda Item No. Page 12 and supervise each license as defined herein in respect to service and [[ ]j» « areas within «Dade County, in accordance with the standards set by the provisions of this chapter. This jurisdiction shall be exclusive and superior to that of all other boards, agencies, commissions, political subdivisions, and municipalities in » «Dade County, Florida, and in case of conflict all lawful acts, orders, rules and regulations of the [[-- ]]» « shall in each instance prevail, subject to the Constitution and general laws of the State of Florida. Sec. 8AA-16. License fee and public property charge. (a) Each licensee shall pay to Dade County a quarterly license fee, at the time its quarterly report is due, based upon the licensee's gross revenues during the preceding quarter in the following amounts: * (3) One (1) of the percentage points in cable [[- ]]-license fees collected from the unincorporated area and one (1) of the percentage points in cable [[----]] license fees collected from the incorporated area shall be dedicated to the support of public, educational, and governmental program services. These dedicated funds will be disbursed pursuant to the normal » «Dade County budgetary process, at the discretion of the Board of County Commissioners. Sec. 8AA-17. Selling of Signal. Should any licensee sell signal to a legally affiliated satellite master antenna television system (SMATV system) located within its [[ 1]» « service area, the gross revenue of the SMATV system shall be imputed to the gross revenue of the licensee for purposes of the fees calculated on the basis of gross revenue set forth herein; and the licensee shall owe the County said fees based upon the gross revenue of both the cable system and the SMATV system. * Sec. 8AA-27. Cable system construction. (3) * * * In eliminating the requirements concerning construction of the entire [[ ]]» « area and the contiguous build -out and other requirements of Section 8AA-27 of the Code of [[ ]]» «Dade Agenda Item No. Page 13 County (1990), Dade County reserves the right to enact future ordinances and regulations applicable to initial grants of future licenses and the renewal of existing licenses to accomplish the following (a) Establish criteria, burdens [[ - - ]]» « proof, and causes of action regarding discriminatory practices, including "bright lines" statistical tests for discrimination that would prohibit disparate impact on protected individuals, groups, or neighborhoods identified in Section 8AA-63 of the Code of Metropolitan Dade County; (b) Establish a formal method to allocate between operators in overlapping [[ ]j license areas the public buildings that must be served; Sec. 8AA-28.1. Unlawful to interfere with licensee's access to easements. (a) Conduct prohibited. (1) No property owner shall deny any owner, occupant, tenant, or lessee their right to have cable [[T —V-]] service provided by a licensee (2) No property owner shall forbid, prevent, or interfere with the licensee when the licensee is attempting to enter onto property at reasonable times and in reasonable circumstances for the purpose of the construction, installation, maintenance, or operation of a cable [[telev slot -I]] system or facilities on easements dedicated for compatible use. (3) Except as provided for in subsection (b) of this provision, no property owner shall demand or accept payment in any form as a condition of permitting access to any easements dedicated for compatible use or as a condition of allowing the licensee to construct, install, maintain, or operate its cable [[T V]] system on an easement dedicated for compatible use * Sec. 8AA-32. Prior approval by County. The licensee must comply at all times with all policies, procedures and directives of the Public Works Department. Except for individual service drops, the licensee shall not erect any pole, run any line, nor shall any construction on public property and related to the delivery of cable services be commenced without the prior approval of the Public Works Department [[Prior to the In Agenda Item No. Page 14 licensee shall submit to the Publ c Works Department ]] [[Strand maps of the system authorized by the proposed license showing plant rout ng, utility company poles to ]] [[Copies of all pole attachment agreements made by tho licensee with Southern Bell and Florida Power and Light Company and any ether y attachment is to be made ]] Sec. 8AA-35. Location/relocation of facilities. * (b) Licensee shall not place any fixtures or equipment where the same will interfere with any existing gas, electric, [[CATV]]»cable«, telephone, sewer, drainage or water lines, fixtures or equipment. The licensee shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual travel on streets; with the installation or operation of gas, electric, [[CATV]]»cable«, telephone, water, drainage, or sewer lines equipment; or with the rights or reasonable convenience of owners of property which abuts any street. (g) * * * [[With regard to underground construct on, all drop cables shall be buried at a sufficient depth so that no portion of tho drop is exposed or visible to vaew-]]»When placed underground, all service lines, drops, or laterals that connect the end user customer to the licensee's distribution system shall be buried as follows (a) on easements and public rights -of -way at the depth as established by the Public Works manual or regulations; and (b) on private property at a sufficient depth so that no portion of the line is exposed. The County may impose specific depth requirement for such lines on private property.« * * * Sec. 8AA-36. Work in the right-of-way. * * * (b) Licensees granted permission to install and operate cable television systems in Dade County shall provide at least seven (7) days' prior »written« notice to the residents of an area that licensee's construction crews will be installing cable in the area by mail » nd/«or through the placement of notices on the front door knobs Agenda Item No. Page 15 of the residents in the area, with such notices providing the licensee's name and telephone number »Such notice will ---- -- -- -- ------ -- contain the anticipated duration, property and rights -of - way restoration obligations and list the telephone number of the Consumer Services Department if residents have complaints regarding construction and/or restoration (c) All vehicles utilized by licensees in the construction of the licensee's system shall be clearly marked, providing the licensee's name and telephone number, and, if applicable, the CC# as required by Section 10-4 of the Dade County Code. » «Al l personnel employed by »or subcontracted by« licensees in the construction of the licensee's system shall possess identification providing the employee's name and the licensee's name and telephone numbers (d) The licensee shall join and maintain a continuous membership in [[U N C L E]]» Sunshine State One Call of Florida, Inc or other bona fide underground notification program accepted by Miami -Dade County« and use its services prior to construction Only certified contractors may be utilized for the construction. Sec. 8AA-38. General standards; Signal standards. (a) The »cable« systems shall pass standard color television and FM signals without abnormal degradation. The system must be capable of delivering all National Television Systems Committee (NTSC) color and monochrome standard signals and designed to provide picture quality of TASO grade 2 or better and superior reliability (b) [[All new construct on, rebuilds and upgrados srhall bo four hundred fifty (450) megahertz ]]»Any cable system that commences construction, including, but not limited to initial construction, rebuild, upgrade, or reconstruction after the effective date of this ordinance shall have a minimum capacity of at least seventy-eight (78) analog and/or digital programming services providing no less than seventy-eight (78) channels available for use « Agenda Item No. Page 16 Sec. 8AA-38.1 Internet Services. consistent ny Licensee that provides or makes available cable Internet services to Subscribers will make such services available to all Subscribers within thirty six (36) months of first offering the service. Where technically feasible and within the control of the Licensee, any Licensee offering cable Internet service by an Internet Service Provider affiliated with the Licensee to Subscribers must permit unrestricted customer access to all content on the Internet and to allow high speed Internet customers to access unaffiliated Internet Service Providers (IPS's) without viewing the content of the Licensee's affiliated ISP. In the event Licensee offers cable Internet services over its Cable System in Miami -Dade County, Licensee shall provide open access on a "Most Favored Nations" basis. This means (1) any access through its cable modem platform which Licensee makes universally available to all unaffiliated third party providers of Internet access and online services in any other community shall be made available by Licensee to all such providers in Miami -Dade County on comparable terms and conditions, or (2) any access through its cable modem platform which Licensee provides to unaffiliated third party providers of Internet access and on-line services providers due to agreements negotiated by Licensee with government entities or the lawful nondiscriminatory regulations of government entities shall be made available by Licensee to all such similar providers in Miami -Dade County on comparable terms and conditions. This requirement shall be subject to technical feasibility. Licensee shall comply with all lawful requirements with respect to access to Licensee's cable modem platform for providers of Internet access and online services. The County reserves the right to impose regulations that require Cable System Licensees that offer high-speed access to the Internet to provide nondiscriminatory equal access to all requesting unaffiliated service providers. C Agenda Item No. Page 17 Sec.8AA-39. Technical Standards. (a) [[CATV]]»Cable« systems shall be installed and maintained in accordance with FCC technical specifications, »and«all State and local regulations[[;]]»_« [[r as refloctod in tho Rocommendod Practices For Measurements On Cablev s Systems, published by ]] (d) Systems shall be maintained in such a manner as to prevent signal leakage from the facilities in excess of the limits specified in applicable rules and regulations of the FCC. The licensee may disconnect any person who, in the licensee's judgment, is contributing to a signal leakage problem. »Upon written request from the County, licensee shall provide a copy of the Cumulative leakage Index (CLI) report to the licensee's service area to the County « Sec.8AA-40. Inspection and performance tests. (b) The licensee shall advise the County »ten (10) days prior to the date «[[whet —1] proof of performance test is scheduled so that the County may have an observer present The licensee shall maintain test points as required by federal law and shall allow the County to have access to those test points upon reasonable notice and at intervals not more frequently than required by federal law, except for good and substantial cause shown. Sec.8AA-42. Standby power. «[[__]]he licensee shall maintain equipment capable of providing standby power for headend, transmission and trunk amplifiers for a minimum of [[one (1 }11»two (2) hours. After forty eight (48) hours written notice, the County shall have the authority to inspect the licensee's power supply equipment to determine compliance with this section « Sec.8AA-43. [[Notice of shame in service]]» rogramminq«. Agenda Item No. Page 18 [[The licensee shall, to the extent possible, send written notice to the County Manager and all subscr bers at least thirty {30) days prior to rearranging, replacing, removing or retiering sorvicoc To tho extent prior notice is not possible, the licensee will provide notice of such a change within a reasonable amount of time.]]» Licensee shall provide broad categories of programming addressing the unique needs of the diverse communities of Miami -Dade County « Section 8AA-47. Emergency override facilities. Licensee shall «override .«[[ install and maintain [[ 1] 1l In the case of any emergency or disaster, as determined by the County, licensees shall, upon request of the County, make the override capacity available to the County without charge for use during emergency or disaster periods. [[-- Sec. 8AA-48. Service to public buildings. »(a)«Within a reasonable amount of time, but at least within ninety (90) days following the request, a licensee shall be required to provide »cable «[[basic]] service, with converter or other necessary equipment, without installation or monthly charge to buildings within the County; provided that such buildings are passed by and within five hundred (500) feet of the licensee's existing distribution system and are owned by the County or occupied by a governmental entity for predominantly educational or governmental use, including »libraries, «public schools and other local tax supported elementary, secondary and college level institutions. The licensee may charge for service to that portion of the building used primarily for residential purposes. Such basic service shall be provided by means of a single drop extending to the facility. Such single drop may be internally extended by the governmental entity without cost to, or responsibility of the licensee, subject to the condition that all such internal distribution shall meet all FCC requirements relative to signal leakage. At the request of the County, the licensee shall install the additional service outlets in such facilities and shall charge only its time and material costs for such installations. At the request of the County, the licensee shall extend its distribution system to serve such buildings located more than five hundred (500) feet from the licensee's existing distribution system. In such Agenda Item No. Page 19 circumstances, the government entity owning or occupying the building shall reimburse the licensee for the time and material costs incurred in extending the distribution system to within five hundred (500) feet of the building The licensee shall remain responsible for all costs for the five hundred (500) feet adjacent to the building. The County shall not require permit fees for such installations. As used in this section 8AA-48, the term "[[bas c]]»cable« service" shall include all channels except premium channels sold on a per - channel or pay -per -view basis. » (b) Licensee shall provide one (1) Internet service connection to the buildings in Section 8AA-48(a) at a discount if requested by the County « Sec.8AA-50. Public, educational and government access channels. (b) The licensee shall provide and maintain, without charge, at least [[------ ---]]» « specially designated educational access channels for use and programming by local tax supported educational authorities in the elementary, secondary and college level fields, as well as instructional television for adults. Two (2) such channels shall be made immediately available from the licensee. The other channels shall be made available upon a determination by the [[County Manager]]»Director« that the need for additional educational channels exists » The licensee shall provide such required channels within ninety (90) days of notification of the [[County Manager]]»Director's« determination. (c) The licensee shall provide and maintain, without charge, at least [[one (1)]]»two (2)« specially designated government access channels for Dade County government use and programming.» One (1) such channel shall be made immediately available from the licensee The other channel shall be made available upon a determination by the Director that the need for an additional government channels exists The licensee shall provide such required channels within ninety (90) days of notification of the Director's determination « Agenda Item No. Page 20 (e) The licensee shall endeavor to provide that the signal of each channel required in this section be received at a designated place on the subscriber's channel selector as prescribed by the [[County Manager]]»Director«, which shall be uniform for every [[CATV]]»cable« system in the County insofar as technology » « permits. » (f) » «[[--]]he licensee shall contribute matching funds to the capital costs for the educational and government access channels provided for in this section. The total contribution of all licensed operators shall be no more than one-half of the total capital cost expended by the County and shall not exceed fifty cents ($0.50) per subscriber per year. The licensee contribution shall be the percentage of capital costs equal to the licensees' weighted pro rata share of all » _ «Dade County cable [[television]] subscribers. Capital costs means the cost of purchasing and replacing equipment and facilities of such channels as reflected in their official government budgets. (1) On October 15th of each year, the [[County Managerj]»Director« shall notify the licensee of its capital cost contribution and the method of calculation. The licensee's share shall be determined based upon the reports required to be filed with the County on July 25th of that year. The government budget utilized shall be that budget in operation at the time of the notice. (g) If, during the course of the license, the [[County Manager]]»Director« determines that additional access channel capacity is needed, the [[County Manager]]»Director« may request additional channels upon the same terms as provided in this section and such request shall not be unreasonably denied based upon such factors as (1) channel capacity; (2) Agenda Item No. Page 21 community need; (3) number of access channels available in comparable communities, (4) technological feasibility; (5) the then usage of existing access channels; and all other relevant factors Sec. 8AA-51. Interconnection of cable systems. (a) A licensee shall interconnect the access channels of the cable system with any or all other cable systems in contiguous adjacent areas, upon the directive of the [[County Manager]] »Director«. Interconnection of cable systems may be done by direct cable connection, microwave link, satellite, or other appropriate method. The County shall not direct interconnection except under circumstances where it can be reasonably accomplished without undue burden or excessive cost. (b) Upon receiving the directive of the [[County Manager]] »Director« to interconnect, a licensee shall immediately initiate negotiations with the other affected cable system or systems in order that all costs may be shared equally among cable systems for both construction and operation of the interconnection link. (d) In the event it becomes necessary, the licensee shall make reasonable efforts to ensure any interconnect needed for the simultaneous redistribution of the access channels provided for in this license. Any common costs associated with this interconnection shall be shared among all licensed operators based on their respective [[weighted]] pro rata share of all » _ _ «Dade County subscribers Sec. 8AA-54. Annual Reports. (b) Within [[three (3)]]»four (4)« months of the close of its fiscal year, the licensee shall file an annual report to the County that includes the following information: Sec. 8AA-56. Additional Reports. (a) A licensee shall notify the County upon any purchase of a SMATV »or Open Video« [[s]]»S«ystem located within the licensee's [[priority ]]» « area (b) Copies of all petitions, applications and communications submitted by the licensee to the Federal Communications Commission or any other federal or Agenda Item No. Page 22 State regulatory commission or agency having jurisdiction in respect to any matters affecting [[CATV]]»cable« operations authorized pursuant to a license granted under this ordinance shall also be submitted simultaneously to the [[County Manager or hi& designee]] » «, (c) The licensee shall prepare and furnish to the County, at times and in the form prescribed by the County, such additional reports with respect to its operation, in the discretion of the [[County Manager]]»Director«, which are reasonably necessary for the administration of this chapter. Sec. 8AA-57. Consumer protection provisions; office and telephone availability. (a) [[The licensee shall maintain an office within the County that is adequately staffed and open to the public during all normal business hours. The office shall be opened when the licensee commences construction.]]»The licensee shall maintain conveniently located business office and service center in the County no farther than (1 ) mile from the address which the subscriber receives cable service The business office shall be open at a minimum from : 0 a.m. to 6:00 p m Monday through Friday, including some weekend and evening hours The office shall make available for its customers parking within reasonable proximity of the office « (b) Each licensee shall maintain a telephone system with a publicly listed » II free«telephone—[[numbor. The telephone system shall be adequately staffed and reasonable access by subscribers and momborc of tho public, and shall be so operated that complaints and ]]»number under the business name familiar to subscribers and employ a sufficient number of telephone lines and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the licensee on a full time basis« at any time twenty-four (24) hours a day, each day of the year. (c) Knowledgeable, qualified company representatives will be available to respond to customer telephone inquiries [[Monday through Friday during normal business hours. staff telephones for supplemental hours on woekday& and/or weekends.]]» twenty-four (24) hours per day, seven days per week including holidays « (d) Under normal operating conditions, telephone answer time by a customer service representative, including wait Agenda Item No. Page 23 time, and the time required to transfer the call, shall not exceed thirty (30) seconds Licensees that utilize automated answering and distributing equipment will limit the number of routine rings to [[--------]]>> or fewer Licensees not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems Percent of abandoned telephone calls out of total calls received shall not exceed ten (10) percent, average These standards shall be met no less than ninety (90) percent of the time measured on a [[annual bo is based upon the most recent four ('I) quarters]]»quarterly basis (e) [[Under normal operating conditions, the customer wilt ne total time that the licensee's office is open for business]] » n a given quarter no more than 3% of customer calls shall receive a busy signal. If the County determines that the licensee fails to conform to the required telephone standards in this Section for two (2) consecutive quarters The may require the licensee to provide the County with a communication traffic study within sixty (60) days of notice The study will be conducted on all customer service trunk lines and must include information on the efficiency of the communication system measured from the telephone company's central office, as well as other performance information available from the licensee's communication equipment The study must provide information that confirms that the licensee's communications system is properly trunked and staffed to meet the requirements of this chapter using generally accepted telephonic engineennq standards Based upon the findings of the traffic study that additional personnel are needed and other relevant considerations, the may require the licensee to staff a minimum specified Agenda Item No. Page 24 number of customer service representatives to handle telephone calls. The minimum number shall be one (1) such customer service representative for each one hundred (100) calls received daily For purposes of this calculation, the number of calls shall be the median number of calls received on a daily basis for the two (2) consecutive quarters during which the standards were not met. If, following a County order for minimum staffing requirements, the licensee's performance meets the required telephone standards for any two (2) consecutive quarters, the County will rescind its minimum staffing order provided the licensee continues to conform to the required telephone standards « [[— Customer service center and bill payment locations will be open for transact ons Monday through Friday during normal business hours licensee will schedule supplemental hours on weekdays and/or weekends during which thoco centers will be open as needed]] Sec. 8AA-58. Installations, outages and service calls. (a) Under normal operating conditions, each of the following four (4) standards will be met no less than ninety-five (95) percent of the time measured on an--[[annual]]»quarterly« basis [[based upon the preceding four ('1) quarter .]] (1) Standard installations will be performed within seven (7) business days after an order has been placed; provided the licensee has been able to obtain any necessary easements or other consents necessary to complete the installations. "Standard" installations are up to one hundred twenty-five (125) feet from the existing distribution system. (2) Excluding those situations beyond the control of the licensee, the licensee will respond to service interruptions promptly and in no event later than twenty-four (24) hours >> «. Other service problems will be responded to within [[thirty six 436}]]»twenty-four (24)« hours during the normal work week. 3) The appointment window alternatives made available for installations, service calls, and other installation activities will be [[(a) morning, (b) afternooP, business hour&]]»either a specific time, or a four (4) hour time block or shorter. Agenda Item No. Page 25 Additionally, based on community needs, licensees will schedule supplemental hours during which appointments can be set. (b) [[The licensee shall not miss two (2) consecutive service advance ]]» Subscribers who have experienced two (2) missed installation or service appointments due to the fault of the licensee shall receive installation free of charge If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit on bill of not less than twenty dollars ($20 00) « (d) Each licensee shall intentionally interrupt service only for good cause for the shortest time possible. »Licensee shall use its best efforts to ensure that such interruptions shall occur only during the hours of 1 00 a m to 6 00 a m «[[Such interruptions shall occur during periods of minimum use of the system, when practicable ]] A written log shall be maintained for all service interruptions» that includes a description of equipment failure, location geographic area and number of subscribers affected by the service interruption Upon written request, the licensee shall provide to the County a copy of the log.« (e) In the event [[that total service]]»of a service interruption« to any subscriber [[is interrupted]] for twenty-four (24) or more hours [[ fae!-t]]»which interruption is within the control «of the licensee, the licensee shall provide a credit or rebate to affected subscribers, upon the subscriber's written » « request, equal to twenty (20) percent of the monthly fees for each twenty -four-hour period during which the subscriber»'s service«is [[without orvico]]»interrupted« In the event [[that total]]»of a« service »interruption «to any subscriber [[is interrupted]] for [[ --]]» « or more hours, the licensee shall provide a credit or rebate to affected subscribers, upon the subscriber's written » «request, equal to one -thirtieth of the monthly bill For purposes of computing the time of interrupted [[ ]] Agenda Item No. Page 26 service, the time shall begin when a complaint for interrupted [[tata-l]] service is received by the licensee or when the licensee has actual or constructive notice of the interruption, whichever occurs first. Nothing in this subsection limits the licensee from applying a rebate policy more liberal than the requirements » As used in this Section, service interruption shall mean « (f) In all situations where cable service is disrupted to [[ ]]» « or more subscribers for a time period greater than four (4) hours, the licensee shall notify the [[County Manager]]»Director« or his designee immediately (g) All field employees must carry »a picture«identification indicating their employment with the licensee.» This identification must be clearly visible to the public « (h) »A licensee shall disconnect any subscriber who so requests from the cable system of the licensee. No period of notice prior to voluntary termination of service may be required of subscribers by any license No charge may be imposed by any licensee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request A subscriber may be asked to disconnect the equipment of the licensee and return it to the business office «Upon termination of service to any subscriber, the licensee shall promptly remove all portions of its system, facilities and equipment from the subscriber's premises upon [[ ]] request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected rather than removed. Sec. 8AA-59. Communications, bills and refunds. (a) The licensee will provide written information in each of the following areas at the time of installation and at any future time upon request: * (6) The telephone number and address of the County's office designated to handle cable [[television]]»service« complaints and inquiries» in a manner that identifies the County's telephone number so that it is not confused by subscribers with that of the licensee;« Agenda Item No. Page 27 In addition, the licensee shall provide written notice on its monthly billing, at the written request of the County, of any announcements regarding requests or applications by the licensee for renewal The County shall make such a request no less than sixty (60) days prior to the mailing of any billing by the licensee Said notices shall be at the expense of the licensee and said expense shall not be considered part of the license fee assessed pursuant to this Chapter Licensee shall air such announcement over its cable system on such channels, times, and with adequate frequency to reach a malonty of its subscribers « * (b) Bills will be clear, concise and understandable. »(1) The first billing statement of the licensee after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit (Z1 The billing statement of the licensee must be fully itemized, with itemizations including, but not limited to, cable service and equipment charges Invoices will also clearly delineate all activity during the billing period, including optional charges, rebates and credits (3) The billing statement of the licensee Any balance not received within days after the due date may be assessed an administrative charge The charge must appear on the billing statement and must not exceed $5 00 (4) Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the licensee, its employees, or contractors, including failure to properly credit the subscriber for a payment timely made (5) The billing statement must include a notice to the subscriber that payment can be remitted in person at an office of the licensee and inform the subscriber of the addresses where payment can be made (6) A licensee may not alter the service Agenda Item No. Page 28 being provided to a subscriber (including by retiering, restructuring a tier or otherwise) unless it complies with this subsection (a) If a licensee wishes to alter the service to a subscriber, then the licensee must provide the subscriber with thirty (30) days advance notice of such Except as provided herein, or under applicable federal or state law, no charge may be made for any service or (c) Refund checks »or credit «will be issued promptly, but no later than the earlier of forty-five (45) days or the customer's next billing cycle following the resolution of the request, and the return of the equipment supplied by the licensee if service is terminated. (d) All customers and the County will receive written notification a minimum of thirty (30) days in advance of any rate or channel change, provided the change is within the control of the licensee 1 1 Agenda Item No. Page 29 Sec. 8AA-60. Privacy/use of data. The licensee shall comply with all federal and State laws regarding collecting, storing and disseminating of individual subscriber information, and shall operate the system in a manner that protects against invasions of any persons' privacy and protects the privacy of data services and data signals distributed over the system. Sec. 8AA-61. Rates The licensee must give thirty (30) days prior written notice to the [[county manager]] »Director« and all affected subscribers of any pricing changes or additional charges, excluding temporary marketing and sales discounts or offers Such notice shall include the name and address of the county's office designated to review the rate increase. The licensee may reduce the price at any time. At any time the I censee increases the rate for basic service within a single calendar yoar by more than the greater of seven (7) percent or tho increase in tho Consumer Price Index in the prey ous twelve (12) months, the County Manager may require the licensee to public accountant agreed upon by the County Tho ll be shared equally by tho submitted to the County within thirty (30) days following the effect ve date of the rate increase The audit shall identify those s gnificant factors that prompted the decision to increase rate a the oxtont to wh ch those factors are reflected in the actual amount of tho increase ]] Sec. 8AA-61.01. Rate Regulation. [[ operator's submission describing its rates or proposed rates, Dade County shall publish Dade County, requesting written comments from the public or any intorested person. The notice shall name the licon schedule of rates or proposed rate increase for the basic service tier and accompanying equipment, generally decor be the affected service area, establish a closing date, and provide an address whore the comments will -be sent The comment per od shall be open for no Agenda Item No. Page 30 lose than seven (7) calendar days after publication. Dade County shall review and consider such comments in making any determination under this section When a cable operator submits rates for review, it shall publ sh its bill or ten (10) times over its cable system at different times throughout the broadcast day, that a rate review is taking place, commonts aro feq-61-ested an-el—the—n-a-m-e—a-ri-el—address—e# —the County's Office des gnated to handle cable television inquiries {1) Additional information At any point during the review process, Dade County, at its discretion, may (a) hold public hearings provided that forty eight (i18) hour prior written notice is sent to the published notice is provided the public; (b) seek additional written comments, (c) require the licensee to produce additional information, including but not limited to certified financial ledgers, receipts, and all other financial and accounting records underlying the licensee's accounts necessary to verify the accuracy of tho submission; (d) require the licensee to allow Dade County and its agents to audit and review the licensee's books and accounts including but not limited to the information described in subsection (c) above; and (e) obtain relevant information from other sources {5) Confidential buf,inoss information. If tho licensee believes that any of the additional information ordered produced is confidential business information in need of protection from disclosure, the licensee must request confidentially and make a showing, by a predominance of the evidence, that non Federal Freedom of Information Act, 5 U S.C. section 552. If Dade County denies the request for confidentiality, the operator must appeal to the F C C within five (5) working days In such ©uses, the operator shall prov de the requested material, but reloase of the information to the public will be stayed pending review ]] * Sec. 8AA-62. Discontinuing or denying service. Agenda Item No. Page 31 (a) [[The licensee may d scont nue service to a subscriber charges when due Boforo disconnoct ng sorvico, tho licensee must send the subscrber at least seven (7) days prior wr tten notice that service w II be disconnected if payment is not rece ved 1]» If a subscriber fails to pay a monthly subscriber or other fee or charge, the licensee may disconnect the service of the subscriber, however, such disconnection shall not be ffected until thirty five (35) days after the due date of the monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the subscriber in question If the subscriber pays within thirty five (35) days of the due date and after notice of disconnection has been given, the licensee shall not disconnect After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if ate, the licensee shall promptly reinstate service, but no later than the next availability or seven (7) days, whichever is shorter, after a service reinstatement request from a subscriber « (b) Licensee may deny service to any subscriber where such subscriber has previously been a subscriber of the licensee and the licensee [[previously]]»repeatedly« terminated the subscriber's service due to nonpayment. »Furthermore, a licensee may deny cable service to any subscriber any action threatening physical harm against the licensee « Sec. 8AA-63. Discriminatory practices prohibited. (a) A licensee shall not deny, delay or otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, [[handicap]]»disability«, national origin, marital status, or political affiliation, and shall not deny cable service to any potential subscribers because of the income of the residents of the area in which the subscribers reside » A licensee may provide for discounts for senior citizens. the economically disadvantaged or disabled that are applied in a uniform and consistent manner A licensee may also offer bulk discounts to multiple dwelling buildings to the extent such discounts are permissible by law« (c) A licensee shall comply at all times with the Equal Employment Opportunity provisions and reporting requirements contained in federal law. »Upon written request, «[[A]]»a« copy of the licensee's annual report required by the FCC shall be submitted simultaneously to the [[County]]»Director«. Agenda Item No. Page 32 Sec. 8AA-65. Prima facie evidence. The presence on property, in the actual possession of a person, of any device or alteration which effects the diversion or use of cable services or cable related services without such services being reported for payment to, and specifically authorized by, the cable operator shall be prima facie evidence of a violation of this [[sest+arR]]»article«; however, this presumption shall not apply unless: Sec. 8AA-68. Performance evaluation. (a) The [[County]]»Director« may conduct periodic performance evaluations of a licensee A licensee shall cooperate with these evaluations. If the [[County]]»Director« implements a survey of cable subscribers in connection with a performance evaluation, the [[County]]»Director« may require a licensee to distribute the County's questionnaire to its subscribers at the County's expense.» Upon request and upon reimbursement of County copying charges, the licensee may receive copies of all responses « (b) At the conclusion of the evaluation, the [[County Manager]]»Director« shall issue a report [[to the Commission]] of the results of any performance evaluation together with, if necessary, any recommendations for methods to improve a licensee's performance under the license or this chapter. Sec. 8AA-69. Enforcement; settlement authority, notice and cure provisions. (a) Provisions of this chapter listed in Chapter 8CC of the Code of [[ ]]» «Dade County will be enforced pursuant to that chapter The County Manager or his designee is hereby authorized to resolve by settlement any notice of violation of this chapter issued pursuant to Chapter 8CC. In deciding to settle a dispute over an alleged violation, the County shall consider: (1) the probability of success in proving the violation; (2) the nature and seriousness of the violation; (3) the licensee's past history concerning similar violations; (4) mitigating factors; and (5) the licensee's success in resolving this dispute with affected subscribers. (b) Prior to issuing a notice of violation pursuant to Chapter 8CC, the County will provide the licensee with notice and opportunity to cure. The notice shall state the Code section alleged to be violated, factual basis of the violation, the amount of the civil penalty, and the time Agenda Item No. Page 33 period allowed to cure the violation without incurring a civil penalty Th[[---]]> « notice and cure provisions will apply only to the subsections (1), (2) and (3) listed below. (1) Licensee shall have a notice and opportunity to cure time period of no less than [[-- ]]» «for violations of the following provisions Section 8AA-35(g) Burying drop cable Section 8AA-39 Improper grounding (2) Licensee shall have a notice and opportunity to cure time period of no less than thirty (30) days from violations of the following provisions: Sections 8AA-21; 8AA-22 Sections 8AA-23, Maintaining performance 8AA-24 bond Section 8AA-27 Submission of construct- ion plan Section 8AA-36(d) Membership in [[UNCLE]] One -Call of Florida, Inc.« Section 8AA-41 Equipment for the hearing Section 8AA-45 Section 8AA-48 Maintaining insurance impaired Providing A/B switch Service to public buildings Section 8AA-50(f) Sections 8AA-52; 8AA-53; 8AA-54 Section 8AA-57(a) Section 8AA-57(b) Section 8AA-57(c) »Sunshine State Capital support for PEG Recording and reporting Maintaining an office Maintaining 24 -hour telephone system Maintaining office hours (3) Licensee shall have a notice and opportunity to cure time period of no less than sixty (60) days for violations of the following provisions: Section 8AA-27 Section 8AA-42 [[ Construction and time limitations Standby power Section 8AA-58(c) Section. 8AA-70.[[ ]] Extending service to new Developments]] 11» « Agenda Item No. Page 34 (a) [[If the County determines that the licensee fails to conform to the required telephone standards in Soction 8AA 57(d) and (e) for two (2) consecutive quarters' {1) The County Managor may roquiro tho liconsoo traffic study within sixty (60) days of notice The efficiency of the commun cation system measured from the telephone company's central office, as well as other performance information availablo from the licensee's communication oquipment The study mu t provide information that confirms that the licensee's communication system is properly trunked and staffed to meet the requirements of th s chapter using generally accepted telephonic engineering standards {2) Based upon the findings of the traffic study that additional personnel are needed and other may require the licensee to staff a minimum specified numbor of customer servico roprosontativoc to handlo tolophono calls. Tho minimum number shall be one (1) such customer service roprosontativo for oach ono hundred (100) calls received daily For purposes of this calculation, the number of call& shall be the median number of calls received on a daily basis -for the two (2) consecutive quarters standards were not met If, following a County order for minimum staffing requirements, the licensee's performance meet the required telephone standards for any two (2} consecutive quarters, the County will rescind is minimum staffing order provided tho liconsoo continues to conform to the required telephone standards ]] Sec. 73. Removal and restoration; removal required. Agenda Item No. Page 35 * »(b) In the event the use of any part of a cable system is disconnected for any reason for a continuous period of ninety (90) days, or in the event such system or property has been installed in any street without complying with the requirements of this ordinance, the licensee, within thirty (30) days after written notice by the County, shall commence removal from the streets of all such property as the County may require « Sec. 76. Appeal. [[(--)]]»(c)« All decisions of the County Manager may be appealed within thirty (30) days by filing a written notice of appeal with the clerk of the Board of County Commissioners and providing copies to the County Manager» « and the County Attorney. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, a brief summary of the relief which is sought and be accompanied by a nonrefundable fee of [[ ---- -]]» _ «hundred dollars ($[[-]]»_«00.00) to » «[[- ---__--]]the cost of processing» « The County Commission shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the County Manager The County Manager shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the Board of County Commissioners. Nothing contained herein shall preclude the County Commission from seeking additional information prior to rendering a final decision. The decision of the County Commission shall be in writing and a copy of the decision shall be forwarded to the County Manager» «and the appealing party.]] [[(_-)]]» « Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the County Commission may appeal an adverse decision to the Circuit Court in and for Dade County, Florida. The party making the appeal shall be required to pay to the Clerk of the Board the sum of [[__]]» « hundred dollars ($[[--]]» « 00.00) to defray the costs of preparing the record on appeal Agenda Item No. Page 36 Section 2. Section 8CC of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Code Sections Description of Violation Civil Penalty 8AA-31. »500.00« 8AA-35(g). ]]»100.00« Failure to submit construction plan [[100.00]} Failure to bury drop [[50.00 8AA-36(c). Failure to properly identify vehicles [[------11>> and field personnel 8AA-42. Failure to provide standby power [[50.00]]» 100.00« 8AA-47. Failure to provide emergency [[ }} override facilities * * 8AA-50(f). Failure to contribute to capital costs [[200.00]] 8AA-52. Failure to comply with record and [[ ]] 8AA-53. reporting requirements 8AA-54. » « [[8AA 57(a) Failure to maintain office 100.00 8AA 57(b) Failure to maintain telephone system 100.00 8AA-57(f) Failure to maintain office hours 100.00]] Agenda Item No. Page 37 »8AA-57. 8AA-58(c). » « Failure to maintain consumer 500.00 protection provisions« Failure to extend service to development [[ ]] Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity Section 4 It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Section 6. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency. Prepared by: