HomeMy Public PortalAboutOrd 001 Franchise Cable
,
,
(I
ORDINANCE I.
AN ORDINANCE AUTHORIZING A NONEXCLUSIVE COMMUNITY
ANTENNA TELEVISION SYSTEM FRANCHISE IN THE CITY
OF BEL AIRE, KANSAS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE TERM OF SUCH FRAN-
CHISE; PROVIDING FOR REQUIREMENTS AND CONDITIONS;
EROVIDING FOR REGULATION OF THE SYSTF21; PROVIDING
FOR INITIAL RATES AND CHARGES; PROVIDING FOR PRO-
GRAMMING REQUIREMENTS; PROVtDING FOR CITY RIGHTS
IN THE FRANCHISE; PROVIDING FOR PAYMENT TO THE
CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE;
PROVIDING FOR THE SEVERAntLITY THEREOF.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ~EL
AIRE, KANSAS,
SECTIOt'i 1. Definitions. For the purpose of this Ordin~nce
the following terms, phrases, words, abbreviations, and their
derivations shall have the mean~ng given herein. When,not incon-
sistent with the context, words uSed in the present tehse include
the future te~se, words in the plural number include the singular
number, and words in the singula+ nUmber include the plural number
The word "shall" is always mandatery and not merely directory. '
(a)
"CATV" shall mean a Community Antenna Television
System as hereinafter defined.
"City" shall mean the City of BelAire. Kansas in its
present form, or in any l~ter reOrganized, conso1.idatec
or enlarged form. "
"City Council" shall mean the present governing bCidy
of the City or any future board constitu,ting the leg-
islative body of the City.
"Community Antenna Tel~vi.sion System" shall mean a
system of antenna, c09Xial cables, wires, wav~ guides
or' other conductors, . equipment, or facilities' designed,
constructed, or used for the purpose of providing . .
television or FM radio service by cable or through
its facilities as herein contemplated, all of which
will be used to regularly supply the public with"a
service and which property, by the acceptance'of this
Ordinance, Grantee ~~ll devote to the public use.
"FC:C" shall mean the Federal Communications Commission
or its successor.
(b)
(c)
(d)
(e)
rJ::'
\J..J
"Franchise" shrill mli:iin and include allY authorization
granted hereunder to construct, operate, and m~intain
a CATV system in the Franchise Territory. .
llF'ranchise Territory" sl'iall mean all of the ;area within
the city limits of the City as well as any area hence-
forth annexed thereto during the term of thi.$franchise
"Grantee" shall mean Multimedj.a Cablevisiotl_~ Inc.
(g)
(h)
- 1
(i) -"Gross Annual Receipts" shall mean any and all compen-
. sation from subscriber monthly service charges,
installation charges, and any contributing grant or
subsidy received directly or indirectly by the Grantee
from subscribers or users in the payment for television
or FM radio signals or service received within the
Franchise Territory. Gross Annual Receipts shall not
include any taxes on service furnished by the Grantee
imposed directly on any subscriber or user by any city,
state, or other governmental unit and collected by the
Grantee for such governmental unit.
(j) "Person" shall mean person, firm, corporation, associatj
or any other legally recognized entity.
(k) "Property of Grantee" shall mean all property owned,
installed, or used by the Grantee in the conduct of a
CA'rv business in the Franchise Territory under the
quthority of this franchise.
(I) "Street" shall mean the surface of and the space above
an,d below any public street, road, highway, freeway,
lane, path, alley, court, sidewalk, parkway, or drive
now or hereafter existing as such within the Franchise
Territory.
(m) "Subscriber" shall mean any person or entity receiving
for any purposes the CATV service of the Grantee.
SECTION 2. Franchise Granted.
(a) A franchise be and hereby is granted to Multimedia
Cablevision, Inc. , hereinafter referred to as Grantee, and Grant
is authorized to engage in the business of operating and providing
a CATV system in the Franchise Territory, and for that purpose to
erect, install, construct, repair, replace, reconstruct, maintain,
and retain in, on, over, under, upon, across, and along any public
streets, alleys, easements, and other public places, such poles,
wires, cable conductors, ducts, conduit, vaults, manholes, amplifier
appliances, attachments, and other property as may be necessary and
appurtenant to the CATV system; and in addition, so to use, operate,
and provide similar facilities or properties rented or leased from
other persons, firms, or corporations, including, but not limited
to, any public utility or other grantee franchised or permitted to
do business in the Franchise Territory.
(b) The Grantee shall use existing poles, towers, or other
existing facilities wherever possible and it shall be the sole
responsibility of the Grantee to negotiate and enter into any and
all contracts with the owner of such facilities to secure the
necessary space thereon or therein for its operation under this
franchise, and the Grantee shall permit any other utility or
utilities by appropriate contract or agreement negotiated by the
parties to use any and all facilities constructed or erected by
the Grantee. All said ~greements and installations shall be subject
to all existing and future resolutions and regulations of the City.
(c) The Grantee
the Franchise Territory
poles where necessary.
all existing and future
applicable thereto.
will not erect a separate system of poles in
or on the streets therein, but may erect
The erection of poles shall be subject to
resolutions and regulations of the City
- 2 -
(d) The Grantee's transmission and distribution system,
poles, wires, and appurtenances shall be located, erected, and
maintained.so as not to endang~r or interfere with the lives of
persons, or to interfere with improvements the City may deem proper
to make, or to unnecessarily hinder or obstruct the free use of the
streets, alleys, bridges, or other public property. Removal of
poles or equipment when necessary to avoid such interference will
be at the Grantee's expense.
(e) The construction and maintenance of the transmission
and distribution system shall be in accordance with the provisions
of the National Electrical Safety Code of the National Board of
Fire Underwriters, and such applicable governmental resolutions and
regulations affecting electrical installations, which may be present
in effect, or hereafter adopted or amended.
. (f) All installations of equipment shall be of a permanent
nature, durable, and installed i.n accordance with good engineering
practice, and of sufficient height to comply with all existing
governmental regulations, ordinances, resolutions, and state laws
so as not to interfere in any manner with the right of the public
or individual property owner, and shall not interfere unduly with
the travel and use of public places by the public during the con-
struction, repair, and removal thereof and shall not unduly obstruct
or impede traffic.
(g) In the construction, installation, maintenance, removal,
or repair of the facilities herein contemplated, the Grantee shall
exercise reasonable care and diligence to avoid damage, injury or
nuisance to Persons or property 8tld shall install and maintain its
facilities in a workmanlike manner so as to minimize the public
inconvenience and so as not to interfere with any facilities of the
City. The Grantee shall comply-with all existing City regulations -
pertaining to the use of Streets and shall, at its own expense,
carefully guard and protect all Streets entered and opened by it so
as to prevent injury to Persons or damage to property while work
therein is being performed. All such Streets shall be restored to
their former condition by the Grantee as soon as i~ practicable
after the completion of work.
(h) The Grantee shall have the right hereunder to trim trees
in and overhanging the Streets, in a workmanlike manner, so as to
protect its facilities from abrasive contact. Notwithstanding the
foregoing, the City, at its option, may, following written notice
to Grantee, undertake such trimming at the Grantee's expense.
(i) Subscriber rates for connection and monthly service
~hall be no more than those charged by the Grantee in
~n other Sedgwick County Communities for similar service.
(j) There shall be no charge for the disconnection of any
installation or outlet. If any Subscriber fails to pay a properly
due Dlonthly Subscriber fee, or any other properly due fee or charge,
the Grantee may d~sconnect the Subscriber's service outlet, provided
however, that such disconnection shall not be effected until forty- '
five (45) days after the due date of said delinquent fee or charge
and shall. include five (5) days' written notice of the intent
- 3 -
to disconnect properly mailed to the Subscriber in Question. After
disconnection, upon payment in full of the delinquent fee or charge
any reasonable collection exPense or penalty, and the payment of
a reconnect ion charge, the Grantee shall promptly reinstate the
Subscriber's cable service.
SECTION 3. Term of Franchise.
(a) This nonexclusive franchise and the rights, privileges,
and authority hereby granted shall take effect and be in full force
from and after final passage by the City Council and shall continue
in force and effect for a term of fifteen (15)ye~rs from said passage.
(b) This franchise may be terminated prior to its date of
expiration by the City Council in the event that said City Council
shall have found, after thirty (30) days' notice of any proposed
termination and public hearing, that:
(I) After having received written notice from the City
setting forth the nature of any such default, the
Grantee has continued to be in material default of
any provision of this Ordinance or any term or
condition of any franchise or permit issued hereund
or
(2) The Grantee has failed to complete construction as
specified herein; or
(3) The Grantee is in default in the making of any
payments required under this Ordinance; or
(4) The Grantee becomes insolvent or is adjudged a
bankrupt; or
(5) The Grantee attempts to evade any of the provisions
of this franchise or practices any fraud or deceit
upon the City; or
(6) Any provision of this Ordinance has become invalid
or unenforceable and the City Council further finds
that such provision constitutes a consideration
material to the grant of said franchise; or
(7) The City acquires the CATV system property of the
Grantee.
(c) The City recognizes that the field of cable communicatior
is relatively new and rapidly changing in the areas of regulation,
technology, financing, marketing and law. Therefore, in order to
provide maximum flexibility in this franchise and to provide continue
advancement of the system, the following provisions are established
for review and renegotiation of the franchise hereby granted:
(1) Special review and renegotiation sessions may be
held at any time during the term of the franchise
on the request of either the City or the Grantee
with such request to specify the topics to be
reviewed and renegotiated, including any proposals
therefor.
(2) Nothing contained in this section, however, shall
be construed as requiring either the City or Grantee
to negotiate anew franchise or extend an existing
franchise.
- '+ -
,
,
\1
SECTION 4" Renewal..
(a)" The Council may decide that the franchise granted pur-
suant to this Ordinance should be renewed or extended, if the
Grantee applies to the Council at least eight (8) months prior to
the expiration of this Ordinance or any renewals thereof. Failure
to make such a timely application shall be cause for the forfeiture
. of renewal and extension rights hereUllder, unless otherwise waived
by the Council. '
(b) The Grantee's renewal application, when filed, shall
demonstrate the following:
(1) That it has been and continues to be in substantial
compliance with the terms, conditions, and limi-
tations of this Ordinance; .
(2) That its System has been installed, constructed,
maintained, and operated in accordance with the
accepted standards of the industry and this
Ordinance;
(3) That it has the character, legal, technical,
financial and other qualifications then required
by federal, state, or local law to continue to
maintain and operate its System, and to extend the
same as the state of the art progresses so as to
assure its Subscribers of high quality service;
and
(4) That it has made a good faith effort to provide
services and facilities which_accommodate. the
demonstrated needs of Subscribers as reasonably
ascertained by the Council
(c) Upon a filing consistent with this section, the Council
shall, prior to the consideration of any other applications, con-
sider and act upon the Grantee's requested renewal in conformance
with the following procedure:
(1) Within ninety (90) days of the receipt of said
application, the Council shall, following appropria
public notice, hold a J?ublic hearing affording due
process on the Grantee s application at which
interested parties, including the Grantee, shall
be afforded an opportunity to present oral or
written comments.
(2) By written resolution reciting the basis of its
findings, the Council shall report to the City,
within ninety (90) days of said public hearing,
that it:
(A) has found that the public interest is no
longer served by the continuation of the
System's communications services within the
City, and therefore has decided that any such
services should not be enfranchised within the
City limits during the year succeeding the date
of the Grantee's ternlination of service; or
(B) has found that the Grantee has substantiall'
failed to meet the criteria for renewal estab- .
lished in Section 4, and therefore has decided
that the Grantee's renewal application should be
denied; or
-- I::' -
(C) has found that the Grantee has subs tan-
tiallymet the criteria established in Sec-
tion. 4, except where prevented by conditions
beyond its reasonable control, and therefore
has decided that this franchise should be
renewed.
SECTION 5. Conditions.
(a) This franchise shall be nonexclusive.
(b) No privilege or exemption is hereby granted or con-
ferred by this franchise except those specifically
prescribed herein.
(q) Any privilege claimed under this franchise by the
Grantee in any street or easement, or other public
property, shall be subordinate to any prior lawful
occupancy of the streets, easements, or other public
property.
(d) This franchise shall be a privilege to be held in per-
sonal trust by the original Grantee. It cannot in any
event be sold, transferred, leased, assigned, or dis-
posed of, in whole or in part, either by forced or
involuntary sale, or by vOLuntary sale, merger, con-
solidation, or otherwise, without the prior consent of
the City Council expressed by resolution and then only
under such conditions as may therein be prescribed.
Any such transfer or assignment shall be made only by
an instrument in writing, a duly executed copy of
which shalL be_fil_ed_in .the office of the City Council
within thirty (30) days after any such transfer or
assignment. The said consent of the City Council may
not be arbitrarily refused; provided, however, that
the proposed assignee must show financial responsibility
and must agree to comply with all provisions of this
Ordinance; and provided, further, that no such consent
shall be required for a transfer in trust, mortgage,
security agreement, or other hypothecation as a whole
to secure an indebtedness.
(e) T.me shall be of the essence of this franchise granted
hereunder. The Grantee shall not be relieved of its
obligation to comply promptly with any of the provi-
sions of this Ordinance or by any failure of the City
to enforce prompt compliance.
(t) Any right or power in, or duty impressed upon, any
officer, employee, department, or board of the City
shall be subject to transfer by the City to any other
officer, employee, department, or board of the City.
(g) The Grantee shall have no recourse whatsoever against
the City for any loss, cost, expense, or damage arising
out of any provision or requirement in this Ordinance.
(h) This franchise does not relieve the Grantee of any
obligation involved in obtaining pole space from any
utility company or from others maintaining poles in
streets.
-6-
(i) This franchise shall be in lieu of any and all other
rights, privileges, powers, immunities, and author-
. ities owned, possessed, controlled, or exercisable by
Grantee, or any successor to any interest of Grantee,
of or pertaining to the construction, operation, or
maintainance of any CATV system in the Franchise Terri-
tory; and the acceptance hereof shall operate, as
between Grantee and the City, as an abandonment of any
and all such rights, privileges, powers, immunities,
and authorities within the Franchise Territory, to
the effect that, as between Grantee and the City, any'
and all construction, operations, and maintainance by
Grantee of its ~~TV system in the Franchise Territory
shall not be, and shall be deemed and construed in
all instances and respects not to be, under and pur-
suant to any other right, privilege, power, immunity,
or authority whatsoever.
U} If the Grantee overbuilds, rebuilds, modifies, or
sells the system, or the City revokes or fails to
renew this franchise, or the City elects to acquire
the system, the Grantee is required as part of this
franchise to continue to operate the system, providing
all service at existing levels until an orderly change
of operation is effectuated. In the event the Grantee
fails to operate the system for five (5) consecutive '
days without prior approval of the City, or willfully
withholds service for any reason without just cause,
the City, or its agent, shall have the right to oper-
ate the system unt:i.1 such time as a new operator is
selected. If the City is required to fulfill this
obligation for the Grantee, Grantee shall reimburse
the City for any costs or damages which are the result
of Grantee's failure to perform. -,
(k) The Grantee shall, upon reasonable notice and without
expense to the City, relocate its facilities to accomm-
odate such public works or improvements as the City
shall in its judgmel1t designate. The Grantee shall, at
the expense of any person holding a building moving per-
mit issued by the City, temporarily raise, lower, or
remove its wires to permit the moving of said building.
In such event, Grantee shall be given not less than
seven (71 days advance written notice to arrange for
such temporary wire changes. Grantee's estimated charges
for such work shall be payable not less than forty-eight
(48) hours in advance of the move.
(1) Grantee shall not deny service or access, or otherwise
discriminate agai~st its subscribers, users, or employees
on the basis of race, color, religion, national origin
or sex.
(m) Grantee shall not, without the specific authorization of
the subscriber(s) involved, sell, or otherwise make
available to any person or group of persons lists of the
names and addresses of its subscribers, or any list which
identifies the viewing habits of any individusl subscri-
ber, except as the same is necessary for the construction,
marketing, and maintainance of Grantee's facilities and
services hereunder and the concomitant billing of sub-
scribers for said services.
- 7-
(n)
Grantee shall exercise no control over program content
on any of the access channels.
Liability for obscenity, defamation, or invasion of
privacy on any access channel shall rest with the per-
son or group of persons utilizing said access channel.
Grantee shall not be relieved of its obligation to com-
ply with the provisions of this Ordinance by reason of
any failure of the City or the City Council to enforce
prompt comp/liance, nor shall any inaction of the City
or the City Council be deemed to waive or void any pro-
vision of this Ordinance.
(0)
(p)
(q)
During the term of this franchise, Grantee shall comply
with all present and future applicable laws, rules, and
regulations, and any amendments thereto, promulgated by
any federal, state, or local authority of competent
jurisdiction, including but not limited to the laws,
rules, and regulations of the FCC and the City.
SECTION 6. ?ermits Required.
(a) Grantee shall forthwith proceed with due diligence to
obtain all necessary permits and authorizations which
are required in the conduct of its business, including,
but not limited to, any utility joint use attachment
agreements, microwave carrier licenses, and any other
permits, licenses, and authorizations to be granted by
duly constituted regulatory agencies having jurisdiction
over the operation-of-CATV_systems, or _their associated
microwave transmission facilities.
(b) Within one hundred eighty (180) days after obtaining
all necessary permits, licenses, and authorizations,
Grantee shall commence construction and installation
of the CATV system.
(c) Within ninety (90) days after the commencement of con-
struction and installation of the system, Grantee shall
proceed to render service to subscribers, and the com-
pletion of the construction and installation shall be
pursued with reasonable diligence thereafter to provide
service to all areas of the Franchise Territory.
(d) Failure on the part of Grantee to commence and diligentl~
pursue each of the foregoing requirements, and to com-
plete each of the matters set forth herein, shall be
grounds for termination of all or any portion of such..
franchise under and pursuant to the terms of Section 3
hereof; provided, however, that the City Council, in its
discretion. may extend the time for the commencement and
completion of construction and installation for addition.
periods in the event the Grantee, acting in good faith,
experiences delays by reason of circumstances beyond its
control.
SECTION 7. Facility Construction.
(a) Any poles, wires, cable lines, conduits, or other prop-
erties of the Grantee to be constructed or installed in
streets shall be so constructed or installed only at
such locations and in such manner as shall be approved
by the City acting in the exercise of its reasonable
discretion.
- 8 -
,
\
\1
(b) In those areas and portions of the Franchise Territory
where the transmission or distribution facilities of
. both the public utility providing telephone service and
those of the utility providing electric service are
underground, the Grantee shall likewise construct, op-
erate, and maintain all of its transmission and distri-
bution facilities underground. For the purpose of this
subsection, "underground" shall include a partial under-
ground system (e~g. streamlining). Amplifiers, couplers
and terminals in Grantee's transmission and distribution
lines may be in appropriate housing upon the surface of
the ground.
SECTION 8; Grantee's Property - Abandonment.
(a) In the event that the use of any part of the CATV system
is discontinued for any reason for a continuous period
of twelve (12) months, or in the event such system or
property has been installed in any street or public
place without complying with the requirements of this
franchise, or this franchise has been terminated, can-
celled, or has expired, Grantee shall promptly"upon
being given ten (10) days notice, remove from the streets
or public places all such property and poles of such
system other than any which it may abandon in place. In
the event of such removal. Grantee shall promptly restorE
the street or other area from which such property has
been removed to a condition satisfactory to the City.
(b) Any property of Grantee remaining in place thirty (30)
days after -the termination or expiration of theJran..~
chiseshall be considered permanently abandoned. The
City may extend such time, not to exceed an additional
thirty (30) days.
(c) Any property of the Grantee to be abandoned in place
shall be abandoned in such manner as the City shall
prescribe. Upon permanent abandonment of the p~operty
of Gr~ntee in place, the property shall become that of
the City, and Grantee shall submit to the City an instru-
ment in writing, to be approved by the attorney for the
City, transferring to the City the ownership of such
property.
SECTION 9. Grantee Property - Relocation. Grantee shall, at
its expense, protect, support, temporarily disconnect, relocate in
the same street or other public place, or remove from the street or
other public place any property of Grantee when required by the City
by reason of traffic conditions, public safety, street vacation,
freeway and street construction, change or establishment of street
grade, installation of sewers, drains, water pipes, power lines,
signal lines, and tracts of any other type of structure, or improve-
ments by public age.ncies; provided, however, that Grantee shall in
all such cases have the privileges, and be subject to the obligations
to abandon any property of Grantee in place, as provided in Section
7 hereof.
SECTION 10. City Completion of Work, Upon failure of
,-9..
Grantee to commence, pursue, or complete any work required by law
or by the provisions of this franchise to be done in any street or
other publi~ place, within the time prescribed, and to the satis-
faction of the City, the City, at its option, may cause such work
to be done and Grantee shall pay to the City the cost thereof,
plus ten percent (10%), within thirty (30) days after receipt of
an itemized report of such.costs.
SECTION II. Liability Insurance and Bond.
(a)
The Grantee shall pay, and within thirty (30) days of i,
the effective date of this Ordinance, specifically
agrees to pay all damages and penalties which the City
or the City Council may legally be required to pay as a
result of granting this franchise. These damages or
penalties shall include, but shall not be limited to,
damages arising out of the installation, operation, or
maintainance of the system authorized by this franchise.
This indemnification provision shall not apply in the
event that the City, its officers, employees, and/or
agents, or the City Council, its officers, employees,
and/or agents take part in, consent to, or otherwise
are directly or indirectly responsibile for the course
of action which gives rise to the injury, loss, damage,.
claims, suits, judgments, or other proceedings or liabili
(b)
The Grantee shall maintain and, within thirty (30) days
of the effective date of this Ordinance, specifically
agrees to maintain, throughout the term of this fran-
chise, liability insurance insuring the City, the City
Council, and the Grantee wi th--regardto all- damages and-
penalties mentioned in this Section II, in the minimum
amounts of:
(I) $500,000.00 for bodily injury or death to any
one person, within the limit of $1,000,000.00
for bodily injury or death resulting from any
one accident; and
(2l $200,000.00 for property damage resulting from
anyone accident; and
(3) Worker's Compensation coverage covering all of
Grantee's employees.
(c)
The Grantee shall maintain and, within thirty (30) days
of the effective date of this Ordinance, specifically
agrees to maintain, throughout the term of this fran-
chise, a faithful performance bond running to the City,
executed by a surety company authorized to do business
as surety in the State of Kansas, in the penal sum of
up to $25,000.00 to. ensure that the Grantee shall well
and truly observe, fulfill, and perform each term and
condition of this Ordinance, and that, in case of any
breach of this Ordinance, the amount of all damages and
penalties proximately resulting from the failure of the
Grantee to well and faithfully observe and perform any
provision of this Ordinance shall be recoverable by the
City from said bond.
Within thirty (30) days of the effective date of this
Ordinance, Grantee shall furnish proof to the City
Cd)
- 10 -
Council that a satisfactory insurance policy and per-
formance bond have been obtained. Said insurance
. policy' and performance bond shall be approved by the
City Council, and a copy of such insurance policy and
performance bond along with written evidence of payment
of the required premiums, shall be filed and maintained
with the City. . Said insurance policy and performance
bond shall specify that at least thirty (30) days prior
written notice shall be filed with the City Council of
any intention not to renew, to cancel, or to make a
material change therein.
SECTION 12. Right of !nspect~on.
(a)
At all reasonable times. the Grantee shall permit any
duly authorized representative of the City to examine
all property of the Grantee, together with any appur-
tenant property of the Grantee situated within or
without the Franchise Territory, and to examine and
transcribe any and all maps and other records kept or
maintained by the Grantee or under its control which
deal with the operations, affairs, transactions, or
property of the Grantee with respect to its franchise.
If any such maps or records are not kept in the
Franchise Territory or the City of Wichita, Kansas,
or upon reasonable request made available to the City,
and if the City Council shall determine that an exam-
ination thereof is necessary or appropriate, then all
travel and maintenance expenses necessarily incurred
in making such examination shall be paid by the Grantee.
The books and records of the Grantee shall be kept in
such a way as to show the activities of this unit
separate from any other activities of the Grantee.
The City Council shall have the right to inspect, at
any time during normal business hours, all books,
records, maps, plans, income tax returns, financial
statements, and other like materials of the Grantee
which relate to its operations hereunder, including
expenses attributed to the System by any parent
corporation. Access to the aforementioned records or
any reports to be provided pursuant hereto shall not
be denied on the basis that said records or reports
contain "proprietary" information. However, the City
Council shall treat all information obtained from the
Grantee with the same degree of confidentiality as
would be accorded similar information by the FCC.
The Grantee shall prepare and furnish to the City, at
the times and in the form prescribed, such reports with
respect to its operations, affairs, transactions, or
property as may be reasonably necessary or appropriate
to the performance of any of the rights, functions, or
duties of the City or any of its officers in connection
with the franchise.
(b)
(c)
(d)
The Grantee shall at all times make and keep full and
complete plans and records showing the exact location
of all CATV system equipment installed or in use in
streets and other public places in the Franchise
Territory.
(e)
The City shall have the right to supervise or inspect all
work performed by the Grantee or its agents upon Streets
to insure compliance with this Ordinance. In the event
such inspection reveals that the Grantee has failed, in
... 11 -
the City's judgment, to fulfill its obligations under
this Article, the City shall notify the Council, and
. the Council shall in turn notify the Grantee, in writir.
of its specific deficiencies. Absent commencement of
corrective action by the Grantee within forty-eight (48
hours of receipt of said notification, the City, at the
direction of the Council, may undertake the necessary
repairs or restorations at the Grantee's sole expense
pursuant to Section 10 hereof.
SECTION 13. Installation Requirements. The CATV system
shall be installed and maintained in accordance with the highest
and best accepted standards of th~ industry to the effect that
subscribers shall receive the highest possible service. In
~ determining the satisfactory extent of such standards, the follow-
ing, among others, shall be considered:
(a) That the system be installed using all band equipment
capable of passing the entire VHF and FM spectrum, and
that it have the further capability of converting UHF
for distribution to the subscribers on the VHF band.
(b) That the system, as installed, be capable of passing
standard color TV signals without the introduction of
material degradation on color fidelity and intelligencE
(c) That the system and all equipment be designed and ratec
for twenty-four (24) hour per day continuous operation.
(d) That the system provide a nominal signal level of
2,000 microvolts at_the input.terminals of_each TV
receiver.
(e) That the system signal-to-noise ratio is less than 40
decibels.
(f) That the hum modulation of the picture signal is less
than five percent (5%).
(g) That the system use components having a VSWR of 1.4 or
less.
(h) That the system be capable of carrying at least thirty-
five (35) channels.
SECTION 14. Grantee Requirements.
(a) lVhen not otherwise prescribed herein, all matters herei:
required to be filed with the City shall be filed with
the City Clerk.
(b) The Grantee shall pay to the City a sum of money suf-
ficient to reimburse it for all publication expenses
incurred by it in connection with the granting of a
franchise. Such payment shall be made within thirty
(30) days after the City furnishes the Grantee with a
written statement of such expenses.
(c) The Grantee shall maintain an office which subscribers
may call without incurring added message or toll charge~
so that CATV maintenance service shall be promptly
available to subscribers at all times.
(d) The Grantee shall:
(1) Produce a picture, whether in black and white or iT
color, that is undistorted, free from ghost images,
- 12 -
and accompanied with proper sound on typical
standard production TV sets in good repair, and
as good as the state of the art allows.
(2) Transmit signals of adequate strength to produce
good pic~ures with good sound at all outlets
without causing cross-modulation in the cables or
interferring with other electrical or electronic
systems.
(3) Limit failures attributable to Grantee's equipment
outages to a minimum by locating and correcting
malfunctions promptly, but in no event longer
than seventy-t:w<Y (72) hours aft~ notice with
normal outages to be corrected as soon as feasible
as dictated by the availability of necessary
replacement equipment where required.
(4) Demonstrate by use of instruments or otherwise to
subseribers that a signal of adequate strength
and quality is baing delivered.
(a)
SECTION 15. Programming.
".
The Grantee shall construct a system capable of
receiving and transmitting a minimum of thirty-five
(35) channels of programming and shall provide at
least the following programming, all of which shall be
available to all subscribers without payment of addition
charges and without requiring such subscribers to modify
their television receivers orpurchase-any-addi:tional-
equipment:
(1) KAKE-TV Wichita (ABC);
(2) KARD-TV Wichita (NBC);
(3) KTVH-TV Hutchinson (CBS);
(4) KPTS Hutchinson (PBS);
(5) One (I) channel dedicated to programming produced
by governmental units or agencies;
(6) One (1) public access channel;
(7) Two (2) independent commercial television
channels;
(8)
(9)
(10)
(11)
(12) Cable Public Affairs Network;
(13)
(14)
(15)
One (1) premium service channel;
One (1) new", channel;
One (1) weather channel;
One (1) public information channel;
One (1) channel devoted to children's programming;
One (1) channel devoted to religious progra~ing;
One (1) channel carrytng programming from Wichita
State University;
- 13 -
(16)
Three (3) channels carrying programming from
Unified School District No. 259.
(b)
The Grantee' shall provide, at no additional cost to
subscribers, a set-top converter or similar device
enabling every subscriber to the CATV service to
receive all services.
(c) In order to provide the signals set out in (J.51 and
(16) above, the Grantee will: ' ..
(i) Construct a cable system, including time base
correctors, modulators, and demodulators, from
the Unified School District No. 259 Instructional
Materials Center to the Grantee's head-end
facility for the Franchise Territory;
(ii) Provide a return signal that can be monitored at
the School Service Center;
(iii) Provide a cable or microwave system to deliver
signals from Wichita State University origination
point to Grantee's head~end facility for the
Franchise Territory; and
(iv) Provide for installation of one drop and free
service to Kechi Child Development Center, and,
upon requestj-to-ea-ch-public-and private school
and all City-occupied buildings within the
Franchise Territory.
SECTION 16. Gross Annual Receipts.
(a) Grantee hereby contracts, and is hereby obligated
during the term of this franchise, to pay to the
City a sum equal to three percent (3%) of the Gross
Annual Receipts of the Grantee.
(b) In the event that the law, in the future, permits some
larger basis for computing this fee, the Council shall,
at its election, be entitled to collect up to five per
cent (5%) upon sixty (60) days prior written notice to
Grantee.
(c) Payments due under this prOV1S1on shall be payable
forty-five (45) days after the end of each calendar
quarter. Each such payment shall be accompanied by
a report, certified by an officer of the Grantee,
showing the basis for the computation thereof.
(d) No acceptance of any payment shall be construed as an
accord that the amount paid is in fact the correct
amount, and all amounts paid shall be subject to
audit and recomputation by the Council for a period
14 -
of one year after receipt thereof. In the event that
a recomputation results in additional fees owed, such
amount shall be subject to a ten percent (10%) per
annum interest charge.
(e) Nothing in thi~ section shall be interpreted as
relieving the Grantee of its liability for other
properly applicable local taxes.
SECTION 17. Acceptance.
(a) This franchise shall not become effective unless and
until all things required i~ this section and Section
"II" hereof are done and completed. all of such things
being hereby declared to be conditions precedent to
the effectiveness of any such franchise granted here-
under. In the event any of such things are not done
and completed in the time and manner required, the
City Council may declare 'the franchise null and void.
(b) Within sixty (60) days after the date this Ordinance
is adopted, the Grantee shall file with the City
Council its written acceptance, in form satisfactory
to the attorney for the City, of the franchise, togethe
with the bond and insurance policies required by
Section "ll" hereof, and its agreement to be bound
by, and to comply with, and do all things required of
it by the provisions of this franchise. Such acceptanc
and agreement shall be acknowledged by the Grantee
before a notary public.
SECTION lB. Miscellaneous.
(a) Inquiries or complaints from subscribers shall be
received during normal business hours. Monday through
Friday. All complaints and inquiries will be investi-
gated, responded to, or acted upon as promptly as
practical and within twenty-four (24) hours.
(b) Without additional charges to Subscribers, the Grantee
shall'maintain its facilities in good working order
and repair.
SECTION 19. Severability. If any section, subsection,
sentence, clause, or phrase of this Ordinance is for any reason
held illegal, invalid, or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions hereof; the City Council
hereby declares that it would have passed this Ordinance and
each section, subsection, sentence, clause, and phrase hereof
irrespective of the fact that anyone or more sections, subsections
clauses, or phrases be declared illegal, invalid, or unconstitution,
The invalidity of any portion of this Ordinance shall not abate,
reduce, or othe~~ise affect any consideration or other obligation
required of the Grantee of any franchise granted hereunder.
SECTION 20. Effective Date. This Ordinance shall take
effect upon publication in the official City paper.
- 15-
.UL1A.J?ADOPTED at Be~ ~~~i: Kan..'. thiS~ day of
I
ATTEST:
(ktZ~
City Cler
..;,> jSc' ).o.\::~~/~~\
. ., ...y, .......e,.) , (,
,-: .;; :';~;'r"'" ~~ \;
,-' ~" '- i ""...5~",-~.\.\- \ \
o ~ ~,~,\_-'"l ,Ii I';> I>
"::.,. fP c:'~I-.''';' (~,\ ,."") " ::-:
..A' .....,.".... :.' '7 I.,
tP" ~') {...-~~::.:.....-'- '\ ./ (~"I
(l/)., --'''' ... ~ i""'~';'
. /... ...:'
. - ~'
, ,
"'I'
~&;~~~Yor