HomeMy Public PortalAboutCable Tele- Chapt 98-9-1 8-9~1
CHAPTER 9
CABLE TELEVISION FRANCHISE
SECTION:
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8-9-23:
8-9-24:
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8-9-26:
8-9-27:
Definitions
Grant of Nonexclusive Franchise
Compliance with Applicable Laws and Ordinances
Effective Date and Term
Territorial Area Involved
Liability of Company; Indemnification
Faithful Performance Bond
Service Standards and Requirements
Time of Construction and Service
Special Services
Safety Requirements
New Developments
Conditions on Street Occupancy
Prohibition of Discriminatory or Preferential Practices
Removal of Facilities Upon Request
Assignability
Gross Revenue
Franchise Fee
City Rights in Ordinance
Forfeiture of Ordinance
Signal Carriage
Erection, Removal and Joint Use of Poles
Rates
System Security
Tampering with CATV Equipment; Misdemeanor
Separability
Duration and Acceptance of the Ordinance
8-9-1: DEFINITIONS: For the purposes of this Chapter, the
following terms, phrases, words and their derivation shall
have meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number
City of McCall
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include the singular number, and the words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
BASIC SERVICE:
The simultaneous delivery by the Company to
television receivers (or any other suitable type
of audio-video communication receivers), of all
subscribers and to all locations in the City of
McCall, of all signals of over-the-air television
broadcasts required to be carried on the cable
television system by the FCC, and additional
service at the option of the Company.
CABLE TELEVISION
SYSTEM:
Hereinafter referred to as "CATV System" or
"system", means a system of coaxial cables or
other electrical conductors and transmission
equipment used or to be used primarily to re-
ceive television or radio signals directly or indi-
rectly off-the-air and other related services and
transmit them to subscribers for a fee.
CITY:
The City of McCall, Idaho.
COMPANY or
GRANTEE:
Cablevision of McCall, Inc., or anyone who
succeeds it in accordance with the provisions of
this Ordinance.
FCC:
The Federal Communications Commission or its
successor agency.
GROSS SUBSCRIBER
REVENUES:
The grantee's annual gross subscriber revenues
derived from monthly cable television service in
the City of McCall.
PERSON:
Any person, firm, partnership, association, cor-
poration, company or organization of any kind.
PROPOSAL:
The Company's document dated June 3, 1980,
describing the system it proposes to build and
operate, a copy of which proposal has been
filed with the City Clerk.
STREET:
The surface of, and the space above and below,
any public street, road, highway, freeway, right
of way, easement, alley, court, sidewalk, park-
City of McCall
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SUBSCRIBER:
way, drive or other public property, hereafter
existing as such within the City of McCall.
Any person or entity receiving for any purpose
the cable television services of the Company
herein.
8-9-2: GRANT OF NONEXCLUSIVE FRANCHISE: The City hereby
grants to the Company the nonexclusive franchise, right,
privilege, authority and easement for a period of twenty (20) years from the
effective date hereof, renewable for an additional twenty (20) year period as
provided herein, unless sooner terminated pursuant to the provisions of this
Chapter, to construct, erect, suspend, install, renew, maintain and other-
wise own and operate throughout the City, in, upon, along, across, above,
over and under the streets, alleys, easements, public ways and public
places as now laid out or dedicated, and all extensions thereof, and addi-
tions thereto, in the City a system of poles, wires, cables, underground
conduits, ducts, trenches, conductors, amplifying equipment, manholes,
fittings and any and all other fixtures, appliances and appurtenances
necessary for the installation, ownership, maintenance and operation in the
City of a cable television (CATV) system to serve residents and inhabitanl~s
of the City. This franchise shall in no way be construed to prohibit
extensions of the City system for the purpose of distribution of services to
inhabitants outside the limits of the City. Without limiting the generality of
the foregoing, this franchise shall and does hereby include the right to make
connections to subscribers, the right to repair, replace and enlarge and
extend said lines, equipment and connections.
8-9-3: COMPLIANCE WITH APPLICABLE LAWS AND
ORDINANCES: The Company shall at all times during the life
of this Chapter be subject to all lawful exercise of the police power by the
City and to such reasonable regulation by the City as the City shall
thereunder provide. The Company shall comply with all laws, statutes,
codes, ordinances, rules or regulations applicable to its business, including
those of the Federal Communications Commission with special reference to
section 76.31 thereof.
8-9-4: EFFECTIVE DATE AND TERM: This Chapter shall take
effect and be in full force after final passage and publication
hereof, as provided by law, and said Chapter shall continue in full force and
effect for a term of twenty (20) years upon the terms and conditions set
City of McCall
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forth herein. An option for renewal, for an additional twenty (20) year period
under the terms and conditions mutually agreeable to both parties, may be
exercised by the Company by giving the City notice in writing of its election
to exercise this option, which notice shall be given not less than one year
nor more than five (5) years prior to the expiration of the term of this
Chapter. Renewal shall not be unreasonably denied, and may be granted
by the City after consideration of the Company's qualifications and after full
public proceedings affording due process, within six (6) months of the
Company's written notice. This Chapter, when accepted by the Company,
shall be and become a valid and binding contract, between the City and the
Company, but this Chapter shall be void unless the Company shall, within
thirty (30) days after passage and publication of same by the City, file with
the City Clerk its unconditional acceptance of the Chapter, as hereinafter
provided.
8-9-5: TERRITOEIAL AREA IN¥OLYED: This Chapter is related to
the present territorial limits of the City and to any area
henceforth added thereto during the term of this agreement; provided,
however, that the Company shall not be required to build: a) annexed
sections of the City that do not meet a general density standard of fifty (50)
homes per mile of cable system including interconnecting trunk, or b)
sections where necessary easements cannot be reasonably obtained. The
Company shall be required to provide service at regular rates to all
structures within one hundred fifty feet (150') of its distribution system.
8-9-6: LIABILITY OF COMPANY; INDEMNIFICATION: It is
expressly understood and agreed by and between the
Company and the City that the Company shall hold the City harmless from
all losses sustained by the City by reason of any suit, judgment, execution,
claim or demand resulting from the construction, operations or maintenance
by the Company of its cable television system in the City. The Company
shall, prior to the commencement of construction of the system, file with the
City Clerk and at all times thereafter maintain in full force and effect for the
term of such franchise, at Company's sole expense, a general
comprehensive liability insurance policy, in protection of the City, its
officers, boards, commissions, agents and employees, in a company
authorized to do business in the State of Idaho, and in a form satisfactory
to the City Attorney, protecting the City of McCall and all persons against
liability for loss or damage for personal injury, death and property damage,
occasioned by the operations of the Company under such permit in the
minimum amounts of:
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$ 250,000.00 for property damage to any one person;
500,000.00 for property damage in any one occurrence;
500,000.00 for personal injury to any one person;
1,000,000.00 for personal injury in any one occurrence.
8-9-7: FAITHFUL PERFORMANCE BOND: The Grantee shall,
within ninety (90) days of its acceptance of this permit, file
with the CitY Clerk and for three (3) years thereafter maintain in full force
and effect at Grantee's sole expense, a corporate surety bond with a
responsible company licensed to do business in the State, in the initial
amount of ten thousand dollars ($10,000.00), renewable annually, and
conditioned upon the faithful performance of Grantee, and upon the further
condition that in the event Grantee shall fail to comply with any one or more
of the provisions of this Chapter, there shall be recoverable jointly and
severally from the principal and surety of such bond any damages or loss
suffered by the City as a result thereof, including the full amount of any
compensation, indemnification, or cost of removal of any property of the
Grantee as prescribed hereby, plus a reasonable allowance for attorneys'
fees and costs, up to the full amount of the bond. If the City shall recover
any amount from the bond during the initial or subsequent three (3) year
period, then the Company shall provide an identical bond for an additional
three (3) year period. The bond shall provide that at least thirty (30) days'
prior written notice of intention not to renew, cancellation, or material
change, be given to the City by filing the same with the City Clerk.
8-9-8:
(A)
SERVICE STANDARDS AND REQUIREMENTS:
The Company shall maintain its service in accordance with the
accepted standards of the industry, so as to provide its subscribers
with the highest possible level of quality and reliability. The Company
shall maintain a business office and service facilities within the City.
All subscribers will be informed of the telephone numbers and
location of such office so as to make the filing of inquiries and
service complaints as easy as possible. A listed full time telephone
service number shall be maintained so as to permit registering of
complaints twenty four (24) hours daily, seven (7) days a week.
The Company shall employ sufficient persons to provide prompt
response to all inquiries and complaints. Loss of all service shall be
corrected within twenty four (24) hours, and degraded reception shall
be corrected within two (2) business days, except in the event of
disaster or other conditions beyond the control of Grantee. The
Company shall maintain records of all service complaints. Such
City of McCall
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records shall include the name and address of the subscriber, the
date and time at which the complaint was received, the nature of the
complaint, the resolution of the complaint and the date and time of
such resolution.
8-9-9: TIME OF CONSTRUCTION AND SERVICE: Upon the
effective date of this franchise, the Company shall diligently
commence acquisition of all necessary certificates, permits, licenses and
agreements which are required to construct a CATV system in the City of
McCall. Within six (6) months of the effective date of this franchise, the
Company shall commence construction. Thereafter, construction shall
proceed so as to make service available throughout the City, as defined in
Section 8-9-5 within fifteen (15) months of the effective date of the
franchise. In the event the Company fails to start construction within six (6)
months, the City may hold a public hearing on the delays. If construction
has not started for reasons within the control of Grantee, then the Grantee
shall commence construction within sixty (60) days of the hearing; if
construction is not so started, the City may then cancel the franchise
without further notice.
If construction is not completed as set forth in this Section, the City of
McCall may proceed to make claim on the performance bond as set forth in
Section 8-9-7.
Reasonable extensions to the deadlines for commencement and completion
of construction shall be granted for delays caused by weather, strike, act of
God, inability to obtain necessary construction permits or other reasons
beyond control of Grantee.
8-9-10:
SPECIAL SERVICES:
(A)
The Company shall furnish, upon request, at no charge, one outlet
for each local school, Municipal office building or City-owned facility
within its service area and not more than one hundred fifty feet
(150') from the Company's existing service facilities.
(B)
In the case of an emergency or a disaster, the Company shall, upon
request of the City, make available its facilities to the City for
emergency use during the emergency or disaster period. The
Company will also provide a means of interrupting the audio portion
of the cable system to present emergency messages by local law
enforcement and public officials.
City of McCall
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(A)
(B)
(c)
SAFETY REQUIREMENTS:
The Company shall at all times employ due care and shall install and
maintain in use commonly accepted methods and devices for'
preventing failure and accidents which may cause damage, injuries
or nuisances to the public.
The Company shall install and maintain its wires, cables, fixtures
and other equipment in accordance with the requirements of the
National Electric Safety Code and local ordinances which are
applicable.
All structures and all lines, equipment and connections in, or over,
under and/or upon the streets, sidewalks, alleys and public ways or
places of the City of McCall wherever situated or located, shall be
kept and maintained at all times in a safe, suitable, substantial
condition and in good order and repair.
8-9-12: NEW DEVELOPMENTS: It shall be the policy of the City of
McCall to amend this Chapter liberally, upon application of the
Company, when necessary to enable the Company to respond to changes
in Federal Communications Commission regulations, and to take advantage
of any developments in the field of transmission of television signals and
related services which will afford it an opportunity more effectively,
efficiently, or economically to serve its customers.
8-9-13:
CONDITIONS ON STREET OCCUPANCY:
(A)
All transmission and distribution structures, lines and equipment
erected by the Company within the City of McCall shall be so located
as to cause minimum interference with the proper use of streets,
alleys and other public ways and places, and to cause minimum
interference with the rights and reasonable convenience of property
owners whose land may adjoin any of the said streets, alleys or
other public ways and places.
(B)
In case of disturbance of any streets, sidewalk, alley, public way or
paved area, the surface shall be repaired to at least the state that
existed prior to disturbance. All repairs shall be made as agreed
between the City of McCall and Company, in compliance with all
existing City of McCall ordinances.
City of McCall
8-9-13 8-9-16
(c)
(D)
(E)
(F)
If at any time during the period of this franchise the City shall
lawfully elect to alter or change the grade or alignment or re-routing
of any street, sidewalk, alley or other public way, the Company, upon
reasonable notice by the City shall remove and relocate its poles,
wires, cable, underground conduits, manholes and other fixtures at
its own expense.
Any poles or other fixtures placed in any public way by the Company
shall be placed in' such manner as not to interfere with the usual
travel on such public way.
In all areas of the City where the wires, cables and other facilities of
the power company and the telephone company are located
underground, the Company will locate its facilities underground.
The Company shall have the authority, under the supervision of the
City's appropriate authority, to trim trees upon and overhanging
streets, alleys, sidewalks and public ways and places of the City so
as to prevent the branches of such trees from coming in contact with
the wires and cables of the Company.
8-9-14: PROHIBITION OF DISCRIMINATORY OR PREFERENTIAL
PRACTICES: The Company shall not, in its rates, charges,
service facilities, promotional campaigns, rules, regulations or in any other
respect, make or grant preference or advantages to any subscriber, or other
user or potential user of its system, nor subject any person to any prejudice
or disadvantage. Connection charges may be discounted during
construction and during special promotions on a nondiscriminatory basis.
8-9-15: REMOVAL OF FACILITIES UPON REQUEST: Upon
termination of service to any subscriber, the Company shall
promptly remove all its facilities and equipment from the premises of such
subscriber upon his request.
8-9-16: ASSIGNABILITY: The Company shall not at any time sell or
assign its rights and privileges under this Chapter and the
cable television system located in the City of McCall to any other person,
firm or corporation without the approval of the City of McCall. Such
assignment shall be approved when the assignee shall have agreed in
writing with the City of McCall to become responsible for the full
performance of all the conditions, liabilities, covenants and obligations
City of McCall
8-9-16 8-9-19
contained in this Chapter, and the City of McCall is satisfied with the
financial ability of the assignee to fulfill such performance. Nothing in this
Section shall be deemed to prohibit a mortgage or pledge of the permit,
system or any part thereof, for financing purposes without prior approval.
8-9-17: GROSS REVENUE: Within ninety (90) days following the end
of the Company's fiscal year, (ending June 30), the Company
shall file with the City of McCall a certified report showing gross subscriber
revenues of the Company from subscribers throughout the City of McCall
since the preceding report.
8-9-18: FRANCHISE FEE: The Company shall pay to the City of
McCall an annual fee equal to three percent (3%) of the gross
subscriber revenues of the Company in the City of McCall. Payment shall
be made annually in arrears, simultaneously with the report required by
Section 8-9-17. The Company shall also purchase all normal fixed-fee
permits and licenses required of all businesses in the City of McCall.
8-9-19:
CITY RIGHTS IN ORDINANCE:
(A)
The right is hereby reserved to the City of McCall to adopt, in
addition to the provisions contained herein and in existing applicable
agreements, such additional regulations as it shall find necessary in
the exercise of the police power; provided that such regulations, by
ordinance or otherwise, shall be reasonable and not in conflict with
the rights herein granted.
(B)
The City shall have the right, during the life of this franchise, to
install and maintain free of charge upon the poles of the Company
any wire and pole fixtures necessary for a police alarm system, or
traffic-control system on the condition that such wire and pole
fixtures do not interfere with the CATV operation of the Company.
(c)
The City shall have the right to inspect the maps, plans and other
like materials of the Company at any time during normal business
hours.
(D)
The City shall have the right to review all construction or installation
work performed subject to the provisions of this Chapter and make
such inspections as it shall find necessary to insure compliance with
the terms of this Chapter and other pertinent provisions of law.
City of McCall
8-9-20 8-9-21
8-9-20: FORFEITURE OF ORDINANCE: If the Company shall fail to
comply with any of the provisions of this grant or shall default
in any of its undertakings of obligations hereunder and shall fail within sixty
(60) days after receipt of written notice from the City of McCall to correct
such default or noncompliance, then the City shall have the right, after a full
and complete hearing and findings of fact, go revoke any or all rights and
privileges granted hereunder or to invoke lesser penalties; provided,
however, that default or noncompliance resulting from factors beyond the
reasonable control of the Company shall not be sufficient grounds for
revocation. The Company shall have the right to appeal any finding of
default or violation and any resultant penalty to any court of competent
jurisdiction within the State of Idaho.
In the event the franchise is revoked, and if the system is in operation, the
Company may continue to operate the system for a period of up to nine (9)
months, during which the Company shall sell its interest in the system to
another qualified operator at fair market value.
8-9-21' SIGNAL CARRIAGE: It wil policy of the Com,)any to
provide on the cable a broad selection of television signals;
the Company will offer at least the services set forth as follows:
Cable
Channel Service
2
3
4
5
6
7
8
9
10
11
12
13
KBCI-2, Boise (CBS)
Trinity (Religious)
KAID-4, Boise (PBS)
Home Box Office
KIVI-6, Boise (ABC)
KTVB-7, Boise (NBC)
Nickelodeon (Children)
News/Weather/Local
Futu re
ESPN (Sports)
Future
WTBS-17, Atlanta (IND)
Should subsequent developments require changes, the Company will, at all
times, offer services equal to or greater than those initially proposed.
City of McCall
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8-9-22:
(A)
(B)
(c)
ERECTION, REMOVAL AND JOINT USE OF POLES:
No poles, or other wire-holding structures shall be erected or
installed by the Grantee without prior approval of the City of McCall
with regard to location, height, type and other pertinent aspects. The
locations of any pole, or wireholding structure, of the Grantee shall
not be a vested right, and such poles, or structures shall be removed
or modified by the Grantee at its own expense upon such order of
the City of McCall.
Where poles or other wire-holding structures of any public utility
company are available for use by the Grantee, the Grantee shall use
such poles and structures if the permission and consent of such
public utility company may be obtained by the Grantee and if the
terms of the use available to the Grantee are just and reasonable.
Where a public utility serving the City of McCall desires to make use
of the poles or other wire-holding structures of the Grantee; but
agreement therefor with the Grantee cannot be reached, the City of
McCall may require the Grantee to permit such use for such
consideration and upon such terms as the City Council shall
determine to be just and reasonable, if the use would not unduly
interfere with or burden the Grantee's operations.
8-9-23:
RATES:
(A)
In its rates, charges, service facilities, rules, regulations or in any
other respect, the Company shall not make or grant any preference
or advantage to any person nor subject any person to any prejudice
or disadvantage with the same classifications of service. The
Company shall have the right to establish different classifications of
service for residential and commercial users and to adopt charges
and rate schedules to which any subscriber within said
classifications shall be entitled.
(B)
The initial schedule of subscriber charges to be paid shall be as
follows:
Installation'
Basic service
Basic service, initial installation
of underground drop
$20.00
35.00
City of McCall
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Installation: (cont.)
Home Box Office, if installed on
separate trip
Premium service or converter, installed
with another service
Extra outlets, each
$10.00
No charge
$5.00
Monthly Service:
Basic service, first outlet
Extra outlet
FM outlet (with primary service)
Home Box Office
$8.50
1.25
1.25
9.00
Apartment and Commercial Rates:
Residential buildings, bulk billed,
monthly service
Residential buildings, bulk billed,
installation
Nonresidential, first outlet,
monthly service
Nonresidential, additional outlets,
monthly service
Nonresidential installation
Hotel/Motel service
To be negotiated,
60% - 90% of basic
rate per unit
Negotiated
$8.50
1.25
Negotiated
Negotiated
Seasonal Rates:
Install and 5 months' service, if
prepaid before April 15 (conditions and
nature of offer subject to change at
operator's discretion)
$50.00
Discounted Installation:
For the first 30 days that service is available to a given area,
subscribers will be offered a $10.00 discount off normal first-outlet
installation charges, and a $2.50 discount on extra outlets (up to
2). Promotional installation fees may be offered from time to time
thereafter.
City of McCall
8-9-23 8-9-23
(c)
Delinquent Collection Fee:
A $7.50 fee will be charged on accounts where collection is made
at the home.
Uniformity of Rates:
All service-area subscribers shall pay the standard rates as set
forth above. Promotional discounts on installation may be offered
from time to time, on a uniform and nondiscriminatory basis,
within the service area. Seasonal rates may be established. If so,
they will be made available to all residents and inhabitants on an
equal basis.
In the event the system is extended to areas outside the City
limits, subscribers outside the City shall pay not less than the
rates set forth in this Chapter.
Senior Citizen Discount:
The sum of $10.00 shall be deducted from normal charges for
installation work for all senior citizens.
Trees:
In areas where there are less than 80 homes per mile, and other
utilities are on trees, the Company reserves the right to add
additional installation fees.
Parental "Key" Device:
Used for controlling access to HBO channel; optional. Installation
is free and a $10.00 refundable deposit is collected.
Free Service:
One cable television outlet will be installed in each nonresidential
City-owned building and each public school in the service area, if
desired. There will be no charge for a normal aerial installation to
these buildings. There will be no charge for normal basic monthly
service to these buildings, provided the signals are not resold.
The rates as proposed shall remain in effect for one year from the
date of first subscriber service, unless the start of service is delayed
City of McCall
8-9-23 8-9-27
beyond June 30, 1981 for reasons beyond the control of the
Grantee.
Thereafter, Grantee may make annual adjustments to rates as it
deems appropriate and reasonable, so long as such rates are in
compliance with all other provisions of this Chapter.
8-9-24: SYSTEM SECURITY: The Company shall have the right at all
times to take any and all legal action it deems necessary to
preserve the security of its cable television system and to assure
appropriate use thereof by its subscribers.
8-9-25: TAMPERING WITH CATV EQUIPMENT; MISDEMEANOR:
Any person who wilfully or maliciously damages, or causes to
be damaged, any wire, cable, conduit, apparatus or equipment of the
Company, or who commits any act with intent to cause damage to any wire,
cable, conduit, apparatus or equipment of the Company, or who taps,
tampers with or connects any wire or device to a wire, cable, conduit or
equipment of the Company with intent to obtain a signal or impulse
therefrom without authorization of the Company, shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to
exceed three hundred dollars ($300.00).
8-9-26: SEPARABILITY: If any section, subdivision, sentence,
clause, phrase or portion of this Chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
8-9-27: DURATION AND ACCEPTANCE OF THE ORDINANCE:
This Chapter and the rights, privileges and authority hereby
granted shall take effect and be in force from and after final passage and
publication hereof, as provided by law, and any franchise permitted or
operated hereunder shall continue in force and effect for a term of twenty
(20) years, provided that within thirty (30) days after the date of the
passage of the Chapter, the Company shall file with the City its
unconditional acceptance of the franchise and promise to comply with and
abide by all its provisions, terms and conditions. Such acceptance and
promise shall be in writing duly executed and sworn to, by the appropriate
officials of the Company before a notary public or other officer authorized
by law to administer oaths. (Ord. 414, 10-27-80)
City of McCall