HomeMy Public PortalAboutOrd. 755 - Falcon dba Charter Communications Franchise and Cable Television Terms and ConditionsCITY OF MCCALL
ORDINANCE NO. 755
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, SETTING FORTH
REGULATIONS, TERMS AND CONDITIONS UNDER WHICH CABLE TELEVISION
SYSTEMS SHALL OPERATE IN MCCALL, IDAHO AND GRANTING TO FALCON
VIDEO COMMUNICATIONS, L.P. DB/A CHARTER COMMUNICATIONS A FRANCHISE
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
CITY, AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City of McCall, ID as follows:
SECTION 1: TITLE AND PURPOSES OF ORDINANCE:
This Ordinance shall be known as the McCall Cable Television Franchise Ordinance. The
purposes of this Ordinance are: a) to establish the terms and conditions under which a cable
television system must operate within McCall, Idaho (which may hereafter be referred to as
"City", "Franchising Authority", or "Grantor"); b) to provide for the payment of a franchise fee
to the City for costs associated with administering and regulating the system; and c) to grant a
cable television franchise to Falcon Video Communications, L.P. d/b/a Charter Communications
(hereafter referred to as "Charter" or "Grantee").
SECTION 2: DEFINITIONS:
For the purposes of this Ordinance the following terms, phrases, words and their derivations shall
have the meaning defined herein, unless the context clearly indicates that another meaning is
intended. Words used in the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the plural number.
2.1 "Cable Act" means The Cable Communications Policy Act of 1984 as modified by
The Cable Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996.
2.2 "Cable Television System" means any non -broadcast facility consisting of a set of
transmission paths and associated signal reception, transmission and control equipment,
that is designed to distribute to Subscribers or other users audio, video and other forms of
communications services via electronic or electrical signals.
2.3 "Channel" is a band of frequencies in the electromagnetic spectrum, capable of
carrying one audio-visual television signal.
2.4 "City" means McCall, Idaho in its present form or in any later reorganized,
consolidated, enlarged or reincorporated form, which is legally authorized to grant a cable
Ordinance No. 755
August 9, 2001
Page 1 of 18
television franchise under state and federal law. The City may also be referred to as
"Franchising Authority" or "Grantor".
2.5 "Charter" means Falcon Video Communications, L.P d/b/a Charter
Communications, which may also be referred to as "Grantee".
2.6 "FCC" means the Federal Communications Commission.
2.7 "Franchise" means the rights granted pursuant to this Ordinance to construct, own
and operate a cable television system along the public ways in the City, or within
specified areas in the City.
2.8 "Franchise Area means that portion of the City for which a franchise is granted
under the authority of this Ordinance. If not otherwise stated in an exhibit to this
Ordinance, the Franchise Area shall be the legal and geographic limits of the City,
including all territory which may be hereafter annexed to the City.
2.9 "Franchising Authority" means McCall, Idaho, its duly elected governing body, its
lawful successor or such other person or body duly authorized by the City to grant a cable
television franchise.
2.10 "Grantee" means a person or business entity, or its lawful successor or Assignee,
which has been granted a franchise by the City pursuant to this Ordinance.
2.11 "Gross Subscriber Receipts" as the term is used in calculating franchise fees
means revenues actually received by the Grantee from television services it provides to its
Subscribers in the City, after deducting the following: a) any fees or assessments levied
on Subscribers or users of the system which are collected by the Grantee for payment to a
governmental entity; b) franchise fees paid by the Grantee to the City; c) state or local
sales or property taxes imposed on the Grantee and paid to a governmental entity; and d)
federal copyright fees paid by the Grantee to the Copyright Tribunal in Washington, DC.
2.12 "Normal Business Hours" means those hours during which most similar
businesses in the community are open to serve customers.
2.13 "Normal Operating Conditions" means those service conditions which are within
the control of the Grantee. Those conditions which are not within the control of the.
Grantee include, but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the Grantee 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.
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August 9, 2001
Page 2 of 18
2.14 "Public Way" or "Right -of -Way" means the surface, the air space above the
surface and the area below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, or other public
right-of-way including public utility easements or rights -of -way and any temporary or
permanent fixtures or improvements located thereon now or hereafter held by the City
which shall entitle the City and the Grantee to the use thereof for the purpose of installing
and maintaining the Grantee's cable television system.
2.15 "School" means any public elementary or secondary school.
2.16 "Service Interruption" means the loss of picture or sound on one or more cable
channels.
2.17 "Subscriber" means any person who receives monthly cable television service
provided by the Grantee's cable television system.
SECTION 3: FRANCHISE TO OPERATE REQUIRED:
It shall be unlawful to operate a cable television system within the City unless a valid franchise
has first been obtained from the City pursuant to the terms of this Ordinance. A franchise
granted pursuant to this Ordinance shall authorize the Grantee to provide cable television
services within the Franchise Area and to charge Subscribers for such services. It shall also
authorize and permit the Grantee to traverse any portion of the City in order to provide service
outside the City.
SECTION 4: GRANT OF FRANCHISE:
A Franchise is hereby granted to Falcon Video Communications, L.P. d/b/a Charter
Communications to operate and maintain a cable television system in the City for a period of
twenty (20) years commencing on the date of adoption of this ordinance. Charter shall have the
option to renew this Franchise for an additional term of five (5) years, provided that it is in
substantial compliance with the material terms of this ordinance at the time of its expiration.
SECTION 5: FRANCHISE FEES:
5.1 The Grantee shall pay a franchise fee which is intended to compensate the City for
all costs which may be associated with administering or regulating Grantee's cable
system. The amount of the franchise fee shall be five (5%) percent of the Grantee's
annual Gross Subscriber Receipts, as defined herein. Such fee shall be paid on an annual
basis. Grantee shall be entitled to list the franchise fee as a separate line item on monthly
bills.
5.2 Any increased franchise fee amounts which may be due to the City shall begin
accruing sixty (60) days following the effective date of this Ordinance. If the City requires
more than thirty (30) days notice to Subscribers of increased rates, then any increased
Ordinance No. 755
August 9, 2001
Page 3 of 18
franchise fee amounts which may be due to the City shall begin accruing sixty (60) days
after the City's required notice period.
5.3 At the City's request, the Grantee shall file a report showing Grantee's Gross
Subscriber Receipts for the calendar year and the amount of franchise fees due to the
City. Such reports may be requested once per calendar year. The Grantee shall have an
obligation to maintain financial records of its Gross Subscriber Receipts and Grantee fee
payments for audit purposes for a period of three years, and the City shall have the right
to audit the Grantee's books at the offices where such books are maintained.
SECTION 6: SUBSCRIBER RATES:
6.1 All charges to Subscribers shall be consistent with a schedule of fees for services
offered and established by the Grantee. Rates shall be nondiscriminatory in nature and
uniform to persons of like classes under similar circumstances and conditions.
6.2 The Grantee will provide the City with thirty (30) days advance written notice of
any change in rates and charges whenever possible.
6.3 Grantee may offer different or discounted rates at its discretion for promotional
purposes and may establish different rates for different classes of Subscribers where
appropriate, such as offering discounted rates to low income individuals or groups or bulk
;rates to multiple unit dwellings.
6.4 Grantee shall inform each new Subscriber of all applicable fees and charges for
providing cable television service.
'6.5 Grantee may, at its own discretion and in a non-discriminatory manner, waive,
reduce or suspend connection fees, monthly service fees or other charges on a one time or
,monthly basis for promotional purposes.
6.6 Grantee may refuse to provide service to any person because a prior account with
!that person remains due and owing.
6.7 A Grantee may offer service which requires advance payment of periodic service
charges.
6.8
The Grantee shall provide refunds to Subscribers in the following cases:
6.8(a) If the Grantee fails within a reasonable time to commence service
requested by a Subscriber, it will refund all deposits or advance charges that the
Subscriber has paid in connection with the request for such service at the request
of the Subscriber.
6.8(b) If a Subscriber terminates any service at any time and has a credit balance
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August 9, 2001
Page 4 of 18
for deposits or unused services, upon request from the Subscriber and upon return
of all of Grantee's equipment, the Grantee will refund the appropriate credit
balance to the Subscriber. The Subscriber will be responsible for furnishing the
Grantee a proper address to which to mail the refund.
6.8(c) If any Subscriber's cable service is out of order for more than 48
consecutive hours during the month due to technical failure, damage, or
circumstances within the control of the Grantee, the Grantee will credit the
account of that Subscriber on a pro rata basis upon the Subscriber's written
request. The credit will be calculated using the number of twenty-four (24) hour
periods that service is impaired and the number of channels on which service is
impaired as a fraction of the total number of days in the month that the service
impairment occurs and the total number of channels provided by the system in the
absence of an impairment.
SECTION 7: CUSTOMER SERVICE AND CONSUMER PROTECTION:
17.1
Cable System Office Hours and Telephone Availability
The Grantee will maintain a local, toll -free or collect call telephone access line which will
be available to its Subscribers 24 hours per day, seven days per week. Trained company
representatives will be available to respond to customer telephone inquiries during
normal business hours. After normal business hours, the access line may be answered by
la service or an automated response system, including an answering machine. Inquiries
received after normal business hours must be responded to by a trained company
representative on the next business day. Customer service center and bill payment
locations will be open at least during normal business hours.
'7.2 Installation, Outages and Service Calls
7.2(a) Standard installations will be performed within seven (7) business days
after an order has been placed. "Standard" installations are those that are located
up to 125 feet from the existing distribution system.
7.2(b) Excluding conditions beyond the control of the Grantee, the Grantee will
begin working on "service interruptions" promptly and in no event later than 24
hours after the interruption becomes known. The Grantee must begin actions to
correct other service problems the next business day after notification of the
service problem.
7.2(c) The "appointment window" alternatives for installations, service calls, and
other installation activities will be either a specific time or a four-hour time block
during normal business hours. The Grantee may schedule service calls and other
installation activities outside of normal business hours for the express
convenience of the customer.
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August 9, 2001
Page 5of18
7.2(d) If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer
will be contacted. The appointment will be rescheduled, as necessary, at a time
which is convenient for the customer.
7.2(e) If the Grantee's service representative appears for an appointment
scheduled by a customer within the time period promised and no one is present at
the customer's dwelling to permit necessary physical access to the dwelling unit,
then Grantee may charge the customer for the service call, up to a maximum of
$25.
SECTION 8: INFORMATION PROVIDED BY GRANTEE TO SUBSCRIBERS:
.8.1 The Grantee shall provide written information on each of the following areas at
the time of installation of service, at least annually to all Subscribers, and at any time
upon request: products and services offered; prices and options for programming services
land conditions of subscription to programming and other services; installation and
services maintenance policies; instructions on how to use the cable service; channel
positions of programming carried on the system; and billing and complaint procedures,
including the address and telephone number of the local franchise authority's cable office.
8.2 Customers will be notified of any changes in rates, programming services or
channel positions thirty (30) days in advance of such changes if the change is within the
control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days
in advance of any significant changes in the other information required by paragraph
(c)(3)(i)(A) of this section. Notwithstanding any other provision of Part 76, Grantee shall
jnot be required to provide prior notice of any rate change that is the result of a regulatory
fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any
Federal agency, State, or Franchising Authority on the transaction between the Grantee
and the Subscriber.
8.3 Bills will be clear, concise and understandable. Bills will be itemized, with
itemizations including basic and premium service charges and equipment charges. Bills
will also clearly delineate all activity during the billing period, including optional charges,
rebates and credits. In case of a billing dispute, the Grantee must respond to a written
complaint from.a Subscriber within thirty (30) days.
8.4 Refund checks will be issued promptly, but no later than either: the customer's
next billing cycle following resolution of the request or sixty (60) days, or the return of
the equipment supplied by the Grantee if service is terminated.
8.5 Credits for services will be issued no later than the customer's next billing cycle
following the determination that a credit is warranted.
Ordinance No. 755
August 9, 2001
Page 6of18
SECTION 9: TECHNICAL STANDARDS:
9.1 Grantee shall be responsible for ensuring that the cable system is designed,
installed, and operated in a manner that fully complies with Federal Communications
Commission (FCC) rules regarding cable television technical standards. Grantee shall be
prepared to show, on request by an authorized representative of the Commission or the
Franchising Authority, that the system does, in fact, comply with the rules.
9.2 Grantee shall conduct complete performance tests of the system at least twice each
calendar year (at intervals not to exceed seven months), and shall maintain the resulting
I(test data on file at the Grantee's local business office for at least five (5) years. The test
data shall be made available for inspection by the Commission or the local franchiser,
upon request. The performance test shall be directed at determining the extent to which
the system complies with all the technical standards set forth in §76.605(a) of the
ommission's rules.
SECTION 10: EXTENSION OF CABLE SERVICE:
10.1 To the extent that Grantee is not already serving the entire Franchise Area,
Grantee shall provide service to all portions of the Franchise Area reaching a minimum
density of thirty (30) dwelling units per linear strand mile, as measured from the nearest
coaxial cable line, within twelve (12) months after the grant of this Franchise.
10.2 Grantee shall provide aerial or buried drop lines to new subdivisions within the
Franchise Area at the request of the developer provided that the developer contracts and
agrees with the Grantee to pay the cost of the extension of the service.
10.3 Grantee shall extend and make cable television service available to any resident
within the Franchise Area who requests connection at the standard connection charge if
the connection to the resident would require no more than a standard one hundred and
fifty (150) foot aerial drop or a seventy-five (75) foot buried drop line or extension from
the nearest coaxial feeder cable. With respect to requests for connection requiring an
aerial or buried drop line in excess of the maximum standard distance, Grantee shall
extend and make available cable television service to such residents at a connection
charge not to exceed its actual costs for the distance exceeding the standard one hundred
and fifty (150) feet of aerial or seventy-five (75) feet of underground cable respectively.
10.4 In areas with fewer than thirty (30) residential units per proposed cable bearing
strand mile, Grantee shall offer a cost -sharing arrangement with residents. A dwelling
unit will be counted for this purpose if its lot fronts a street. The cost -sharing
arrangement shall consist of the following:
10.4(a) At the request of a resident desiring service, Grantee shall determine the cost of
the plant extension required to provide service to the potential Subscriber from the closest
point on the cable system where it is technically feasible. The cost of construction shall
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August 9, 2001
Page 7 of 18
be allocated based on the following formula:
10.4(a)(1) If a request for extension of service into a residential area requires
the construction of cable plant which does not pass at least thirty (30) potential
Subscribers per proposed cable bearing strand mile, Grantee and residents who
agree to subscribe to cable service will each bear their proportionate share of
construction costs. For example, if there are five (5) dwelling units per proposed
cable bearing strand mile, Grantee's share will equal 5/30ths or one sixth (1/6) of
the construction cost. The remaining cost will be shared equally by each
Subscriber.
10.4(a)(2) Should additional residents actually subscribe to cable television
service in areas where Subscribers have already paid a proportionate share under
the extension cost sharing formula, Subscribers who have previously paid a
proportionate share under the extension formula shall be reimbursed pro rata for
their contribution or a proportional share thereof. In such case, the pro rata shares
shall be recalculated and each new Subscriber shall pay the new pro rata share,
and all Subscribers who previously paid a proportionate share shall receive pro
rata refunds. In the event such Subscribers (or prior Subscribers) have been
disconnected or have moved and owe the Grantee money which has not been
recovered, Grantee shall have the right to first apply the refund to amounts owed
the Grantee and give the balance, if any to the Subscriber.
At such time as there are thirty (30) potential Subscribers per cable bearing strand
mile, the Subscribers shall receive their pro rata share of construction costs. In
any event, one (1) year after the completion of a project, Subscribers who have
paid a share of line extension costs are no longer eligible for refunds, and the
amounts paid in construction costs will be credited to the plant account of
Grantee.
10.4(a)(3) Where the density of residential dwelling and occupied commercial
or industrial structures, adverse terrain, or other factors render extension of the
system and offering of cable service impractical, technically infeasible or would
create an economic hardship, the City may, upon petition of the Grantee, either
waive the extension of the system into such areas, or allow the extension and offer
of service on special terms or conditions which are reasonable and fair to the City,
the Grantee and potential Subscribers in such areas.
SECTION 11: FREE BASIC CABLE SERVICE TO PUBLIC BUILDINGS:
Grantee shall provide, without charge, one service outlet activated for basic Subscriber service to
each police station, fire station, public school, public library and the City offices within the City's
Franchise Area. If it is necessary to extend Grantee's trunk or feeder lines more than two
hundred (200) feet solely to provide service to any such school or public building, the City or the
building owner or occupants shall have the option of either paying Grantee's direct costs for line
Ordinance No. 755
August 9, 2001
Page 8 of 18
extensions in excess of two hundred (200) feet or releasing the Grantee from the obligation to
provide service to such building. Furthermore, Grantee shall be permitted to recover the direct
cost of installing cable service, when requested to do so, in order to provide: a) more than one
outlet,11 b) inside wiring, or c) a service outlet requiring more than two hundred (200) feet of drop
cable to any public building.
SECTION 12: INSURANCE:
Within ninety (90) days following the grant of this Franchise, the Grantee shall obtain the
following insurance policies:
12.1 A general comprehensive liability policy indemnifying, defending and saving
harmless the City, its officers, boards, commissions, agents or employees from any and all
claims by any person whatsoever on account of injury to or death of a person or persons
occasioned by the operations of the Grantee under the Franchise herein granted, or
alleged to have been so caused or occurred, with a minimum liability of Five Hundred
thousand Dollars ($500,000) per personal injury, death of any one person or damage to
property and One Million Dollars ($1,000,000) for personal injury, death of any two or
more persons in any one occurrence or damage to property.
12.2 All insurance policies called for herein shall be in a form satisfactory to the City
and shall require thirty (30) days written notice of any cancellation to both the City and
the Grantee. The Grantee shall, in the event of any such cancellation notice, obtain, pay
all premiums for, and file with the City, written evidence of the issuance of replacement
policies within thirty (30) days following receipt by the City or the Grantee of any notice
of cancellation. In recognition of the foregoing each party agrees to cause their respective
insurance carriers to waive any rights of subrogation.
SECTION 13: INDEMNIFICATION:
The Grantee, by its acceptance of a Franchise granted pursuant to this Ordinance, shall indemnify
and hold harmless the City, its officials, boards, commissions and employees against any and all
claims, suits, causes of action, proceedings, and judgments for damage arising out of the award
of a Franchise to the Grantee and its operation of the cable television system under the Franchise.
These damages shall include, but not be limited to, penalties arising out of copyright
infringements and damages arising out of any failure by Grantee to secure consents from the
owners authorized distributors or licensees of programs to be delivered by the Grantee's cable
television system whether or not any act or omission complained of is authorized, allowed, or
prohibited by the Franchise.
Ordinance No. 755
August 9, 2001
Page 9 of 18
SECTION 14: FRANCHISE VIOLATIONS: PROCEDURES, NOTICE, AND CURE:
Before exercising any right of redress available to it under the terms of this Ordinance, including
determination of any penalty assessable under applicable law, the City shall follow the
procedures set forth in this Section.
14.1 The City shall notify Grantee in writing, by Certified Mail, of any alleged
violation, ("Violation Notice") which notice shall include a detailed description of
any alleged violation and a request for cure of such violation.
14.2 Grantee shall have thirty (30) days from the date of receipt of such notice to
respond in writing, indicating: (1) that Grantee has cured the alleged violation,
providing reasonable documentation demonstrating that the alleged violation has
been cured; (2) that Grantee has commenced or will commence actions to cure the
alleged violation, but that the alleged violation cannot reasonably be cured
immediately, describing the steps taken to be taken to cure the alleged violation;
or (3) that Grantee disagrees with the allegation that a violation has occurred and
contests the Violation Notice, stating the reasons therefor. If a violation is cured
by Grantee within sixty (60) days of receipt of notice, then no penalty shall be
imposed.
14.3 Upon receipt of Grantee's response to the Violation Notice, the City may either
accept Grantee's proposed cure and/or explanation, or if it believes that the
violation will not be cured within a reasonable period of time, the City may
schedule an administrative hearing, providing Grantee no less than fifteen (15)
days written notice of the hearing which shall afford Grantee due process
including an opportunity to present evidence.
14.4 Within fifteen (15) days following an administrative hearing on an alleged
violation, the City shall issue a written report stating its findings and the reasons
therefor. The City may determine (a) that the alleged violation has been corrected,
or is in the process of being corrected by Grantee, and that no further action is
required; (b) that an extension of the time or other appropriate relief should be
granted until the cure for the problem can be completed by Grantee; (c) that the
problem is beyond Grantee's direct control and that Grantee is not at fault; or, (c)
that other appropriate action should be taken.
14.5 In cases involving construction codes or technical standards, if the alleged
violation does not pose a substantial and immediate safety hazard, Grantee shall
be allowed a reasonable and sufficient time to complete any required corrections
or repairs to the system to remedy any alleged noncompliance. So long as Grantee
is making a good faith effort to correct the alleged noncompliance, no penalties
shall be assessed. A "substantial and immediate safety hazard" shall be defined as
one posing an imminent likelihood of injury to persons if not repaired
immediately. Grantee shall not be penalized for other minor violations of the
Ordinance No. 755
August 9, 2001
Page 10 of 18
Franchise or applicable codes, so long as it demonstrates it is making good faith
efforts to correct any problem or violation within a reasonable period of time of
the discovery of alleged violation.
SECTION 15: FRANCHISE TERMINATION AND CONTINUITY OF SERVICE:
15.1 In the event of a formal denial of renewal or revocation of this Franchise, which
denial or revocation is upheld by final judicial adjudication of any appeal(s) which may
be filed, the Grantee shall be have a period of one (1) year from such final adjudication
within which to transfer or convey the assets of the cable system to another owner.
Approval of such proposed transfer or assignment shall not be unreasonably withheld by
the City.
15.2 In the event the Franchise term expires prior to formal action being taken by the
City either to renew the Franchise or deny renewal, the term of this Franchise shall
automatically be extended until such time as formal action to renew or deny renewal is
taken by the City. The renewal procedures and criteria contained in Section 626(c) of the
Cable Communications Policy Act of 1984, as amended, shall be followed by the City
and the Grantee.
SECTION 16: FORCE MAJEUR:
In the; event the Grantee is prevented or delayed in the performance of any of its obligations
under this Ordinance by reason of flood, fires, hurricanes, tornadoes, earthquakes or other acts of
God, unavoidable casualty, insurrections, war, riot, sabotage, unavailability of materials or
supplies, vandalism, strikes, boycotts, lockouts, labor disputes, shortage of labor, unusually
severe weather conditions, acts or omissions or delays by utility companies upon whom Grantee
is dependent for pole attachments or easement use, Grantee is unable to obtain necessary
financing or any other event which is beyond the reasonable control of the Grantee, the Grantee
shall ire a reasonable time under the circumstances to perform its obligations under this
Ordina ce or to procure a reasonable and comparable substitute for such obligations. Under such
circumgtances the Grantee shall not be held in default or noncompliance with the provisions of
the Or inance nor shall it suffer any penalty relating thereto.
SECTI
N 17: GRANT OF ADDITIONAL FRANCHISE AND COMPETING SERVICE
ROVIDERS:
17.1 Application Procedures
17.1(a) An application for a new cable television franchise shall be submitted to
the City in a form specified by or acceptable to the City, and in accordance with
procedures and schedules established by the City. The City may request such
facts and information as it deems appropriate.
17.1(b)Upon request, any applicant shall furnish to the City a map of suitable
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August 9, 2001
Page 11 of 18
scale, showing all roads and public buildings, which indicates the areas to be
served and the proposed dates of commencement of service for each area. The
proposed service area shall be subject to approval by the City. If approved, the
service area shall be incorporated into any franchise granted pursuant to this
Ordinance. If no service area is specifically delineated in a franchise, it shall be
considered to be coterminous with the boundaries of the City.
17.1(c)After receiving an application for a franchise, the City shall examine the
legal, financial, technical and character qualifications of the applicant. The City
may grant one or more non-exclusive franchises creating a right to construct and
operate a cable television system within the public ways of the City, subject to the
provisions of this Section.
17.1(d)In the event an application is filed proposing to serve a franchise area
which overlaps, in whole or in part, an existing Grantee's Franchise Area, a copy
of such application shall be served upon any existing Grantee by the City by
registered or certified mail. Such notice shall be considered a condition precedent
to consideration of the application for a franchise by the City.
17.2 Competing Service Providers
17.2(a) Any franchise granted by the City shall be non-exclusive. However,
nothing in this ordinance shall be construed to require it to grant more than one
franchise if the City determines, pursuant to the procedures established in this
Ordinance, that granting additional franchises would be detrimental to the public
interest.
17.2(b)In the event a competing service provider commences operation of a
communications facility which offers services similar to those offered by Grantee,
the City shall not require Grantee to operate under terms or conditions otherwise
required by this Ordinance which are either less favorable or more burdensome
than those under which the competing service provider must operate. Any
franchise which may be granted by the City to a competing service provider shall
require the new Grantee to provide cable service to the entire franchise area then
served by the existing Grantee. An existing Grantee may, at its discretion, comply
with the most favorable terms contained in any subsequent franchise granted by
the City.
17.2(c) Since competing or overlapping franchises may have an adverse impact on
the public rights -of -way, on the quality and availability of communications
services to the public and may adversely affect the existing operator's ability to
continue to provide the services and facilities it is presently providing under this
Ordinance, the City may issue a franchise in an area where another Grantee is
operating only following a public hearing to consider the potential impact which
the grant of an additional franchise may have on the community. In considering
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August 9, 2001
Page 12 of 18
whether to grant one or more additional franchises, the City shall specifically
consider, and address in a written report, the following issues:
17.2(c)(1) The positive and/or negative impact of an additional
franchise on the community.
17.2(c)(2) The ability and willingness of the specific applicant in
question to provide cable television service to the entire franchise area
which is served by the existing cable operator. The purpose of this
subsection is to ensure that any competition which may occur among
Grantees will be on equal terms and conditions so as not to give a
competitive advantage to one Grantee over another.
17.2(c)(3) The amount of time it will take the applicant to complete
construction of the proposed system and activate service in the entire
franchise area; and, whether the applicant can complete construction and
activation of its system in a timely manner.
17.2(c)(4) The financial capabilities of the applicant and its
guaranteed commitment to make the necessary investment to erect,
maintain and operate the proposed cable TV system for the duration of the
franchise term. In order to ensure that any prospective Grantee does have
the requisite current financial capabilities, the City may request equity and
debt financing commitment letters, current financial statements, bonds,
letters of credit or other documentation to demonstrate to the City 's
satisfaction that the requisite funds to construct and operate the proposed
system are available.
17.2(c)(5) The quality and technical reliability of the proposed system,
based upon the applicant's plan of construction and the method of
distribution of signals, and the applicant's technical qualifications to
construct and operate such system.
17.2(c)(6) The experience of the applicant in the erection,
maintenance and operation of a cable television system.
17.2(c)(7) The capacity of the public rights -of -way to accommodate
one or more additional cable systems and the potential disruption of those
public rights -of -ways and private property that may occur if one or more
additional franchises are granted.
17.2(c)(8) The disruption of existing cable television service and the
potential that the proposed franchise would adversely affect the residents
of the City.
Ordinance No. 755
August 9, 2001
Page 13 of 18
17.2(c)(9) The likelihood and ability of the applicant to continue to
provide competing cable television service to Subscribers within the entire
franchise area for the duration of the franchise.
17.2(c)(10) Such other information as the City may deem appropriate to
be considered prior to granting any competing or overlapping franchise.
17.3 Permits for Non -Franchised Entities
The City may issue a license, easement or other permit to a person other than the Grantee
to permit that person to traverse any portion of the Grantee's franchise area within the
City in order to provide service outside, but not within the City. Such license or
easement, absent a grant of a franchise in accordance with this Ordinance, shall not
authorize nor permit said person to provide cable television service of any type to any
home or place of business within the City nor render any other service within the City.
SECTION 18: TRANSFER OR ASSIGNMENT OF FRANCHISE:
18.1 A Grantee may transfer or assign its Franchise to another entity (the "Assignee")
pon thirty (30) days notice to the City . The Grantee shall provide to the City a
easonable showing that the proposed Assignee or Transferee possesses the technical and
financial qualifications to operate the cable TV system properly. The proposed Transferee
or Assignee shall provide the City with a written statement that it agrees to comply with
all material terms of the Franchise to be transferred. The City shall not unreasonably
delay or deny the assignment or transfer of the Franchise. The reasonableness of the
City's actions shall be subject to judicial review by a court of appropriate jurisdiction.
The proposed transfer or assignment shall be deemed approved if no action is taken by
the City within sixty (60) days of the written request for transfer by the Grantee.
18.2 The Grantee may secure financing or an indebtedness by trust, mortgage, or other
instrument of hypothecation of the Franchise, in whole or in part, without requiring the
consent of the City. Consent shall not be required to assign the Franchise from one
business entity to another which is operated or managed by the Grantee or any affiliated
entity. In addition, so long as the manager and/or general partner of the Grantee remains
he same, consent shall not be required to transfer the interests of any limited partner of
the Grantee, who has no day to day operational control of the Grantee or the system.
18.3 A Grantee may transfer or assign its Franchise to an affiliated entity upon thirty
(30) days notice to the City. Consent of the City shall not be required for such an
assignment, provided that; a) the City is provided with a reasonable showing that the
proposed Assignee possesses the technical and financial qualifications to operate the
cable TV system and, b) that the Assignee agrees to comply with the terms of this
Ordinance.
Ordinance No. 755
August 9, 2001
Page 14 of 18
SECTION 19: COMPLIANCE WITH STATE AND FEDERAL LAW:
The Grantee and the City shall at all times comply with all applicable State and Federal laws and
the applicable rules and regulations of administrative agencies. If the Federal Communications
Commission (FCC) or any other federal or state governmental body or agency enacts any law or
regulatiIon or exercises any paramount jurisdiction over the subject matter of this Ordinance or
any franchise granted hereunder, the jurisdiction of the City shall cease and no longer exist to the
extent, such superseding jurisdiction shall preempt or preclude the exercise of like jurisdiction by
the City. The City and the Grantee reserve all rights they each may possess under law, unless
expressly waived herein.
SECTI
N 20: NOTICE TO GRANTEE:
Except as otherwise provided in this Ordinance, the City shall not meet to take any action
involvi g the Grantee's Franchise unless the City has notified the Grantee by certified mail at
least thrifty (30) days prior to such meeting, as to its time, place. and purpose. The notice
provided for in this section shall be in addition to, and not in lieu of, any other notice to the
Grante provided for in this Ordinance. All notices, requests, demands and other
comm ications required or permitted hereunder shall be in writing and shall be deemed to have
been d ly given if mailed by certified mail return receipt requested, addressed to the Grantee's
corporate office as follows:
Charter Communications
03 SE Park Plaza Dr, Suite 290
ancouver, Wash. 98684
Attn: Vice President -Regulatory Affairs
SECTION 21: STREET OCCUPANCY:
1.1 Grantee shall utilize existing poles, conduits and other facilities whenever
ossible, but may construct or install new, different, or additional poles, conduits, or other
acilities whether on the public way or on privately -owned property with the written
approval of the appropriate government authority, and, if necessary the property owner.
uch approval shall not be unreasonably withheld by the governmental agency.
1.2 All transmission lines, equipment and structures shall be so installed and located
as to cause minimum interference with the rights and appearance and reasonable
convenience of property owners who adjoin on any public way and at all times shall be
kept and maintained in a safe condition and in good order and repair. The Grantee shall
at all times employ reasonable care and shall use commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage, injuries or
nuisances to the public.
p.1.3 Grantee shall have the authority to trim trees on public property at its own
expense as may be necessary to protect its wires and facilities, subject to the direction of
Ordinance No. 755
August 9, 2001
Page 15 of 18
the City or other appropriate governmental authority.
SECTION 22: ACCESS TO PUBLIC AND PRIVATE PROPERTY:
2.1 Grantee shall have the right to enter and have access to the property, premises and
easements of the City for purpose of installing cable TV service or recovering and
emoving Grantee's property and equipment when a Subscriber's service is terminated.
he right of Grantee to enter onto the property of a Subscriber shall be governed by the
agreement between Grantee and the Subscriber.
s2.2 The City shall not permit any person who owns or controls a residential multiple
nit dwelling, trailer park, condominium, apartment complex, subdivision or other
property to interfere with the right of any tenant, resident or lawful occupant thereof to
Feceive cable installation, service or maintenance from Grantee, except as federal or state
haw shall otherwise require.
SECTION 23: NONDISCRIMINATION IN EMPLOYMENT:
The Grantee shall neither refuse to hire nor discharge from employment nor discriminate against
any person in compensation, terms, conditions, or privileges of employment because of age, sex,
race, c 1or, creed, or national origin. The Grantee shall insure that employees are treated without
regard�o their age, sex, race, color, creed or national origin.
SECTION 24: GRANTEE MAY ISSUE RULES:
The Grantee shall have the authority to issue such rules, regulations, terms and conditions of its
business as shall be reasonably necessary to enable it to exercise its rights and perform its
services under this Ordinance and the Rules of the FCC, and to assure uninterrupted service to
each and all of its Subscribers. Such rules and regulations shall not be deemed to have the force
of law.
SECTION 25: SEVERABILITY OF ORDINANCE PROVISIONS:
If any Section of this Ordinance or the Franchise, or any portion thereof, is held invalid or
unconstitutional by any court of competent jurisdiction or administrative agency, such decision
shall not affect the validity of the remaining portions of the Ordinance or Franchise.
Ordinance No. 755
August 9, 2001
Page 16 of 18
SECTION 26: EFFECTIVE DATE:
This ordinance shall become effective upon the date of its adoption by the City. Any failure by
the City to follow proper procedures under state or local law in adopting this Ordinance or
granting a franchise shall not abrogate the rights or obligations of either the Grantee or the City
under this Ordinance. If, following adoption of this Ordinance it is subsequently determined that
proper egal procedures have not been followed by the City, it shall be the responsibility of the
City to ectify any procedural defects and ratify the terms of this Ordinance.
PASSE AND APPROVED by the City of McCall, Idaho this'CC( day of „Lga s74L
2001.
BY:
Mayor
ATTEST:
City Clerk
ACCEPTED BY Falcon Video Communications, L.P. d/b/a Charter Communications.
BY:
Title:
icz �ct si clev\l" - e kiA.l a-tol AW, , CS
�V0cittLo 5} P.e.7 %0
Ordinance No. 755
August 9, 2001
Page 17 of 18
City of McCall
Certificate of Recording Officer
STATE OF IDAHO}
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct
journal of the proceedings of the Council of the City of McCall, Idaho, and that I am
statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 755 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on August 9, 2001 and
duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance
with law and to the extent required by law, due and proper notice of such meeting and
that a legally sufficient number of members of the Council voted in the proper manner
and for the passage of said ordinance; and that all other requirements and proceedings
incident to the proper adoption and passage of said ordinance have been duly fulfilled,
carried out and observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of McCall, Idaho this 9th day of August 2001.
l� Sze ac.i
Cathleen A. Koch, City Clerk
ORDINANCE NO. 755
A SUMMARY OF ORDINANCE NO. 755 FOR THE CITY OF McCALL, VALLEY
COUNTY, IDAHO. THE FULL TEXT OF THIS ORDINANCE IS AVAILABLE
THROUGH THE OFFICE OF THE MCCALL CITY CLERK.
SECTION 1: Title and Purpose of the Ordinance. The ordinance establishes the terms
an conditions under which the television system must operate within the City; provides
for ayment of fees; and grants a franchise to Falcon Video Communications, L.P. d/b/a
Charter Communications.
SECTION 2: Definitions. This section provides several definitions as used throughout
the ordinance, including cable television system, franchise, noluial business hours, public
way and right-of-way.
SECTION 3: Franchise Required. This section makes it unlawful to operate a cable
tele ision system within the city limits without first obtaining a franchise. This ordinance
does not grant the franchisee an exclusive right to operate; the ordinance also allows the
franchisee to traverse any portion of the City in order to provide service outside the city
limits.
SE TION 4: Grant of Franchise. This ordinance grants Falcon Video Communications,
L.P d/b/a Charter Communications a franchise to operate within the city limits from the
date of the ordinance for 20 years. The ordinance also grants Falcon the right to renew
the kfranchise for an additional five-year term.
SECTION 5: Franchise Fees. This section requires a franchisee to pay to the City five
percent (5%) of a franchisee's gross subscriber receipts as such are defined by the
ordinance. The ordinance also establishes that fee increases begin to accrue 60 days after
the effective date of the ordinance. The City may also require the franchisee to file a
report showing franchisee's gross subscriber receipts for the current year. Such reports
may be requested once per calendar year.
SECTION 6: Subscriber Rates. Subscriber rates are to be established by the fee schedule
of the franchisee. A franchisee shall provide 30 days advance written notice of changes
in ;charges. The franchisee may provide different rates for different classes such as low
incgme or elderly individuals. For promotional purposes, franchisee may waive or
suspend connection fees. The franchisee may refuse to provide services to those with
balances due and owing and require advance payment of periodic service charges.
Reunds -- the franchisee shall provide refunds if the franchisee fails within a reasonable
time to commence services; if the subscriber terminates and has a credit balance; or if the
subscriber's services out of order for more than 48 consecutive hours.
SECTION 7: Customer Service and Consumer Protection. A the franchisee will
mai tain a local, toll -free or collect call telephone access line available to subscribers on
MCCALL CABLE TELEVISION FRANCHISE ORDINANCE NO. 755
Page 1
24-hour day, seven -day -a -week basis. During normal business hours company
representatives will be available. Installation shall be performed within seven days of an
order; service interruptions shall be serviced, service to begin, within 24-hours; the
"appointment window" shall be either a specific time or a four-hour time block during
normal business hours; if the franchisee is running late, the subscriber will be contacted
and an appointment scheduled; and if no subscriber representatives years present one and
appointment scheduled, the charge of $25 will be imposed.
SECTION 8: Infoimation Provided by Grantee to Subscribers. At the time of
installation services, at least annually, and any time upon request, franchisee shall
promptly make available to subscriber the products and services, prices and options,
installation and service policies, instructions on how to use service, channel positions,
billing and complaint procedures, and addressing telephone numbers of the franchisee.
Thirty -day notice is required before a change in fees, unless the cause for such fees are
not within the authority of the franchisee. Customer bills will be itemized and include the
franchise control, premium, and equipment charges. The franchisee must respond to the
subscriber complaint within 30 days. Refund check will be issued promptly, but no later
that 60 days; credits will be issued no later than the next billing cycle.
SECTION 9: Technical Standards. The franchisee will be responsible for ensuring the
cal+ system complies with the rules of the FCC. The franchisee shall test the system at
least twice each calendar year and maintain the data for at least five years.
SECTION 10: Extension of Cable Service. The franchisee shall serve the entire
franchise area so long as the area has a minimum density of 30 calling units per linear
string mile. The franchisee shall provide aerial or buried drop lines to new subdivisions
in t ie franchise area provided the developer contracts with the franchisee and agrees to
pay the cost of such extensions. The franchisee shall extend services to any resident
within the franchise area and if requested and the connection would require no more than
150I feet of aerial drop or 75 feet buried line. In areas of fewer than 30 residential units
per mile, the franchisee shall offer a cost sharing arrangement with residents.
SECTION 11: Free Basic Cable Service to Public Buildings. The franchisee shall offer,
wit out charge, one outlet to each police station, fire station, public school, public library,
and city office within the franchise area.
SECTION 12: The Insurance. The franchisee shall maintain at least $500,000 of general
con prehensive liability insurance for individual personal injury, and $1 million for
personal injury to two or more persons in any one occurrence.
SECI,TION 13: Indemnification. The franchisee shall indemnify and hold harmless the
City, its officials, boards, commissions and employees against the claims, suits, causes of
action and judgments for damages arising out of the award of franchise to the franchisee
for any operation of the cable system under the franchise.
McCALL CABLE TELEVISION FRANCHISE ORDINANCE NO. 755
Page 2
SECTION 14: Violations: Procedures, Notice, and Cure. The City shall notify the
franchisee by certified mail of any violations and request a cure of such violations. The
notice shall include a detailed description of the violation. The franchisee shall have 30
days to respond in writing. If the City does not accept the franchisee's explanation, the
City may schedule an administrative hearing within 15 days. The City shall issue a
wrinen administrative decision. If the violation does not pose a substantial an immediate
safety hazard, franchisee shall be allowed a reasonable time to cure the violation.
SECTION 15: Franchise Termination and Continuity of Service. In the event of formal
denial of renewal or revocation of this franchise, and if such denial or revocation is
upheld by judicial adjudication, the franchisee shall have one year to transfer its assets to
another provider. If the City fails to take action on the renewal, the franchise shall
automatically be extended until formal action by the City.
SE�TION 16: Force Majeur. If an act of God prevents the franchisee from performing
its obligations under the franchise, the franchisee shall have a reasonable time under the
circlumstances to perform its obligations.
SECTION 17: Grant of Additional Franchise and Competing Service Providers. If the
City
app
receives another request for a cable television franchise, the City shall process the
ication pursuant to this ordinance and must inform the existing franchisee in writing
of, any overlap with the existing franchisee's service area. The franchise shall be
nonexclusive, but the City shall not be required to grant more than one franchise if
gramting an additional franchise would be detrimental to the public interest.
The City must hold a public hearing before approving an additional franchise to ensure
that the additional franchisee will operate in the public right away without interfering
with existing service.
SECTION 18: Transfer or Assignment of Franchise. The franchisee shall grant the City
thi'r1y-day notice of its intent to assignment franchise in the City cannot deny the
assignment unreasonably. The franchisee may secure financing or indebtedness without
the consent of the City. The franchisee may transfer the franchise to a subsidiary without
the consent of the City, but thirty -days notice shall be required.
SE TION 19: Compliance with State and Federal Law. The franchisee shall be required
to all times comply with state and federal laws, and if another jurisdiction of the City
gai s jurisdictional control over the City, the City shall no longer exert rights preempted
by such other jurisdiction.
SECTION 20: Notice. Unless otherwise provided, no action shall be taken involving the
franchisee without thirty -day certified mail notice as provided in the section.
SE TION 21: Street Occupancy. The franchisee shall be able to use existing poles,
con uits and other facilities with the consent of the government entity or private property
owner. The franchisee shall similarly be allowed to erect facilities. Lines, equipment,
McCALL CABLE TELEVISION FRANCHISE ORDINANCE NO. 755
Page 3
and structure shall be located to cause minimum interference. The franchisee shall have
authority to trim trees on public property at its own expense as may be necessary to
protect its wires and facilities, subject to the direction of the City of other appropriate
governmental authority.
SECTION 22: Access to Public and Private Property. The franchisee shall have
authority to access the property, premises, and easements of the City for installing cable
television services are recovering removing its property. The City shall not allow any
person who owns or controls a residential multiple unit dwelling, trailer park,
condominium, apartment complex, subdivision or other property to interfere with the
right of the tenant to receive cable services, except as allowed by federal or state law.
SECTION 23: Nondiscrimination Employment. The franchisee shall not refuse to hire a
discharge a person because of age, sex, race, color, creed, or national origin.
SE TION 24: Franchisee May Issue Rules. The franchisee shall have the authority to
issue such rules, regulations, terms and conditions as shall be reasonably necessary to
exe case its rights under this ordinance and the rules of the FCC.
SE?TION 25: Severability. If any section of the ordinance or franchise is held invalid
or i.nconstitutional by the court, the remaining portions of the ordinance or franchise shall
reir_ain in effect.
D
ED this /day of
CITiY OF McCALL
Valley County, Idaho
, 2001.
A21an Muller, Mayor
Cathleen A. Koch, City Clerk
McCALL CABLE TELEVISION FRANCHISE ORDINANCE NO. 755
Page 4
CERTIFICATION OF CITY ATTORNEY
As city attorney for and legal advisor to the City of McCall, Idaho, I hereby
certify that I have reviewed the foregoing Summary of Ordinance No. 755 of the City
of McCall, adopted on gay /04:4 2001, and that the same is true and complete and
provides adequate notice to the public of the contents of the ordinance.
DATED as of the !o day of �' �01.
City Attorney
McCALL CABLE TELEVISION FRANCHISE ORDINANCE NO. 755
Page 5
Publisher's Affidavit of PGblication
STATE OF IDAHO
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of one week in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement; and that publica-
tion of such notice began August 30, 2001 and ended August 30, 2001.
.SS
Subscribed and sWrdrn befordehe this the 30th day of August, 2001.
STATE OF IDAHO
COUNTY OF VALLEY
On this 30th day of August, in the year of 2001, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true,. and acknowledged to
me that she executed the same.
e0solitaieirmeat._
GR 0?'�°'0°i
••
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
`—ORDWAIV p` �:ii
A -SVM4 �pFIC.,644 7 , ez r< < 4
75 'FOIL THE i—kRY: CM::M RIaINAA1CL LN0
.:,7 FO y TE,CIT cCALL,iVALLEy'
+=244Sra lL'AP. F `t
•'THIS tQRDINANCE�IS;��yAILABLE
. THROi7GH THE OFF(CE DF:
CITY CLERK ' {-ig1 Iit z rMCCALT.
�. SECTIONaI, r .1.0_anai urpi `o .
ll1&II : �'I he ordinance establishes tn0Crms
`. and conditions under iIiicj c teleVisiogsys
telii most operate*Iiiq lic ti'ty, pryiiles for '
'payment .of fees, and grants a,f chise to;
Falcon }tiCICOVOinri unica ipnwifi P?';d/ e
Charter.Eoinmtinication lwr;?'4t'' I' F
kprovid saOtera definrti�oiii*in edihroug O t
the ordinance mcludingcaiii a"teldVibnsys ;:
tom franchise nbr rgiftifa es`.sr hou sipublic
way and right of day; T ,'. ayr+i
SECTIONjf a- is
section makes it'an ii» l i iierate a cable
te1eVtsibfi'.6iteih tiiilifit he ci4dimii4iiik iit ,;firstobtainingafianchiKti sonjigiiicehoes"'
not. grant the franchisee an ezclusly,orpght to '';
operate the' Ordme`alsoanc1.9. vs the fianchi see:to traverse any pottio�rkipf t}1egitxin order to proysde sety�ce ousid,pphiccityitiis °r
S$CTIN GrataFa6kbO4 ordinance;grantsFalcondab6' ' um
r- • `
. ,
'''!'..f4.01,;i1,4,Iirtak,Wiiveriii4Aii:Seiiiii-,:e6',MOtkint...014O i*IkiidtnitA,OegitY"..1,11i. 11",,neitiWthekri;".i-F;,SECITION-1-3:': iiiidge'riiiiiiiitibirEikio
feiS4rIt040IICAIStellinaY;;;ifi*e''.4ticiir.OVidig.:::_katielt:isetliyt..itertifietritifaii4,:teaiiy-.#3,1atitiniagineift7i-iThefratichiSteibit1Itiot,iefliaelki4hire'It,V.4:::
;and but advance`
.,. Viet
'i,,-;•.::'.,Chges;:;-.','•f'',,.'i,--:.:.':- the'V.Oraton:4he,frnchisee;s'hill'.,ha.Vi.e]i:30' .SECiTION 24FranciiseeMayiiSii,aigfituletC
„citusOiij:iitniIf teitAefunds—the franciiee;i,1'iOieaePtCi4itkldtjThefratchiset shall haVe the autlpityttiastip
''refiidi If the fraichiSeeifaiaithiia$agiiyaccept»tht,fraethiet's't*PlahatOn;ihtlCitaieittleSlitgihiitfS;teinkatdtOtdifStkaa':
ableJiiie,to;ctinmentegsgrYiCtaif41e,:*Y:stYedultanacnniStraivtli3Yiii4. -;:;:-,:.'sliall lie'reaau.nab.1.S9).eCeaSaty to eitfreirielti:
1.-„SitbScnbetE terminates akfctliii,,a;prediibalati;-:;',1,....',1,5.day4The:City:itiallissti(0;V:iitten'adittittikhtitifiderthiS ordinance and theSinleiiifthe.-f'
,*.Orif. the subscribers services Ailif of order ;:- ,:istratiVedeciiiOni.IftheViOlatiOn4Oe:iiiCktp.Od-.':::Pcc:, ' :. -:...." .: "...f,*.;::-F,3,1q1':: .,'4r-;,-4,'A.Y.:-,(:-;,.# ; •-•
-Inttelhan 4.8 ctinseciitiiitliOtirS'i• .. :::i"; ',Ii!1 :' "•':.; a Substantial artininteiliateSafetfbazafkfratif ','.',..;•'.•;":SECTION15i tSeVerabilitil•If inil'etti4 ::::''
SECTION 7i 4CiatOMei SerViceind.COilz . thiste pliail.bel allOW&I'aitaStuab.10iine. to. • • Of.the Ordinance or franetiiseijheliiinValfd,or . '
'stutter ProteetiOn: The franchisee will Maintain . !,..9re'ilie ViOlition. T:;',Y,..5 iz..y'..-. :: ...unonstittiiiillia:6i the. Conit-Afte, Minainint " ...'
. a local; t011-free Or C011eettall telePlioneacCess'. . . ; .;.., SECTION 1-5!.,Tratiehise TeraninatiOn and ' .porticins of the ,ordinance or franchise'shill
line aVailable46--SubscribersOti 24711MT:day, Continuity of Senrite:'.Irilhe:eVen(pf-foimal remain in'effect ' ' '''.' r: '' '.'•'....1.'-‘..' '''''; -: :
:seyen4lay'ra-woe,k.basii.Doliigfi;p44biigi, ,. :,:, - denial of _renewal ofieVotatiOtf,,ofthiOran-., ,•-,, ..,•,-. DATED.Ais 9,th,daY.pf Attgusf:;10,01.z;.- ., .
. .11t$S .410t1S.,t(itlOgiii:,,rtritittitatiVti'AiiCtit ' ' .i..-ichise2;aiid if Stich deniaj OrfeVificatiOnli5iPlield - -,',:"i.:.!, CITY (*MCCALL'''. , '`...':(::'1',."..1.')*'01'.-') •‘-.
- available: Installation Shall bptiforined within :' :ISY jitdicial*.0..ii.icliati.6ii:Akcji*IiiiciAhall: ' : i .. , Valley CountY, Idaho ''''',.-..:!.*...;.: ..-'' ';f:'''..,:'::-; ' •
; ..sevekdayi_of an ,o,i-der;.,serviet -InterruptiOns . have one year to transfeilts,4asSetS iii,atiotliei., ' ., . ' ....By Allan Muller, Mayor
shall be.setviced -,.service to begin . with' .14 provider:1f the City fails' ,t0.takeactibti.Oit the • i' ' ' : ' ATTEST: CathlteitArKOCh;ditY Clerk 8,/ ', '
• hou.rs; the appointinentrwindOw7 sliall.be either. • ren.ewAl, the franchise shall; automatically be --,, 30 IT -„ . . : ' --..•
. a specific time or. aft:Mr-hi-Mr time blOckauring ,.., extended Until fdr.nial action by the, City,..; 7- --
. norrtial,. hnsiness hoUrs; if,the iftarictiiiee: is . . ".-.. • SECTION -16:- Force kfajear;:'If an act of . ,
.running late; the SubScribee.will be:contacted . : CO Prevents the fratichiSeefrOM,ptiforming -
- and an.appointnienf,Sehedtiled; and if,nO.Sub=, .• .i: set .‘:Shall-taij '.!'r6ilin..4.b.ifi,liri*:1-04009'•
. its obligations under the franchiSe4liefranehi-.,.
seriber'repiestniatives years' present'one and :..
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Publisher's Affidavit o Publication
STATE OF IDAHO
.SS
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of one week in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement; and that publica-
tion of such notice began May 10, 2001 and ended May 10, 2001.
Subscribed and sbudrn before(die this the 11 th day of May, 2001.
STATE OF IDAHO
COUNTY OF VALLEY
On this 11th day of May, in the year of 2001, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2006
VKL11VA1VCE till. -tan
A. SUMMARY OF ORDINANCE NO.
755•FOR THE CITY OF McCALL, VALLEY
COUNTY, IDAHO. THE FULL TEXT OF
THIS ORDINANCE IS AVAILABLE
THROUGH THE OFFICE OFTHE MCCALL
CITY CLERK.
SECTION 1: Title and Purpose of the
Ordinance. The ordinance establishes the terms
and conditions under which the television sysL
• tem must operate within the City; provides for
payment of fees; and grants a franchise to
Falcon Video -Communications, L.P. d/b/a
Charter Communications. '
k SECTION 2: Definitions. This section
provides several definitions as used throughout
the ordinance, including cable television syaL
'tem, franchise, normal business hours, publil
way and right-of-way.
SECTION 3: Franchise Required. This
section makes it unlawful to operate a cable
television system within the city limits without
first obtaining a franchise. This ordinance doe's
not grant the franchisee an exclusive right to
operate; the ordinance also allows the franchii
see to traverse any portion of the City in order
to provide service outside the city limits. '
SECTION 4: Grant of Franchise. This
ordinance grants Falcon Video Communica-
tions, L.P. d/b/a Charter Communications a
franchise to operate within the city limits from
the date of the ordinance for 20 years. The
ordinance also grants Falcon the right to renew
the franchise for an additional five-year terns.
SECTION 5: Franchise Fees. This section
requires a franchisee to pay to the City five
percent (5%) of a franchisee's gross subscriber
receipts as such are defined by the ordinance:
The ordinance also establishes that fee in‘
• creases begin to accrue 60days after the effecti've
date of the ordinance. The City may also
require the franchisee to file a report showing
franchisee's gross subscriber receipts for the
current year: Such reports may be requested
once per calendar year.
SECTION6: Subscriber Rates. Subscriber
rates are to be established by the fee schedule of
the franchisee. A franchisee shall provide 30,;
days 'advance written notice of changes in
charges. The franchisee may provide different
rates for different classes such as low income or
elderly individuals. For promotional purposes,
franchisee may waive or suspend connection
fees. The franchisee may refuse to provide
services to those with balances due and owing
and require advance payment of periodic ser-
vice charges.
Refunds — the franchisee shall provide •
refunds if the franchisee fails within a reason-
able time to commence services; if the
subscriber terminates and has a credit balance;
or if the subscriber's services out of order for
more than 48 consecutive hours.
• SECTION 7: Customer Serviee and Con-
su mer Protection. A the franchisee will maintain
a local; toll -free or collect call telephone access
line available to subscribers on 24-hour day,
seven -day -a -week basis: During normal busi-
ness hours company representatives will be
available. Installation shall be performed. within
seven .days of an order; service interruptions
shall be serviced, service to begin, within 24-
hours; the "appointmt low" shall be either
a specific time or afo r time block during
normal business ho....., ., the franchisee i
(Codrinued from Page 16)
running late, the subscriber will be contacted
and an appointment scheduled; and if no sub-
scriber representatives years present one and
appointment scheduled, the charge of $25 will
be imposed.
SECTION 8: Information Provided by
Grantee to Subscribers. At the time of installa-
tion services, at least annually, and any time
upon request, franchisee shall promptly make
available to subscriber the products and.ser-
vices, prices and options, installation,and service
policies, instructions on how 46 use service;
channel positions, billing and complaint proce-
dures, and addressing telephone numbers of the
franchisee. Thirty -day notice is required before
a change in fees, unless the cause for such fees
are not within the authority of the franchisee.
;Customer bills will be itemized and include the
franchise control, premium, and equipment
charges. The franchisee must respond to the
•subscriber complaint within 30 days. Refund
,check will be issued promptly, but no later than
6b days; credits will be issued no later than the
'next billing cycle.
SECTION 9: Technical Standards. The
franchisee will be responsible for ensuring the
cable system complies with the rules of the
FCC. The franchisee shall test the system at
least twice each calendar year and maintain the
•data for at least five years.
SECTION 10: Extension of Cable Service:
,The franchisee shall serve the entire franchise
area so long as the area has a minimum density
of 30 calling units per linear string mile. The
•franchisee shall provide aerial or buried drop
lines to new subdivisions in the franchise area
,provided the developer contracts with the fran-
chisee and agrees to pay'the cost of such
,extensions. The franchisee shall extend ser-
,vices to any resident within the franchise area
'land if requested and the connection would re -
•.quire no more than 150 feet of aerial drop or 75
feet buried line. In areas of fewer than 30.
;residential units per mile, the franchisee shall
•offer a cost sharing arrangement with residents:
SECTION 11: Free Basic Cable Service to
Public Buildings. The franchisee shall 'offer,
without charge, one outlet to each police station,
fire station, public school, public library, and
• who owns or controls a residential multiple
unit dwelling, trailer park, condominium, apart-
• mentcomplex, subdivision or other property to
interfere with the right of the tenant to receive
cable services; except as allowed by federal or
state law.
SECTION23: Nondiscrimillation Employ-
:•rnent. The franchisee shall not refuse to hire a
discharge a person because of age, sex, race,
city office within the franchise area. •
SECTION 12: The Insurance. The fran-
chisee shall maintain at least $500,000 of
general comprehensive liability insurance for
individual personal injury, and $1 million for
personal injury to two ormore persons in any
one occurrence:
SECTION 13: indemnification. The fran-
chisee shall indemnify and hold harmless the
City, its officials, boards, commissions and
employees against the claims, suits, causes of
action and judgments for damages arising out
of the award of franchise to the franchisee for
any operation of the cable system under the
franchise.
SECTION 14: Violations: Procedures
Notice, and Cure. The City shall notify the
franchisee by certified mail of any violations
and request a cure of such violations. The
notice shall include a detailed description of
the violation. The franchisee shall have 30
days to respond in writing. If the City does not
accept the franchisee's explanation, the City
may schedule an administrative hearing within
15 days. The City shall issue a written admin-
istrative decision. If the violation does, not
pose a substantial an immediate safety hazard,
franchisee shall be allowed a reasonable time
to cure the violation.
SECTION 15: Franchise Termination and
Continuity of Service. In the event of formal
denial of renewal or revocation of this fran-
chise, and if such denial or revocation is upheld
by judicial adjudication, the franchisee shall
have one year to transfer its assets to another
provider. If the City fails to take action on the
renewal, thefranchise shall automatically be
extended until formal action by the City.
SECTION 16: Force Majeur. If an act of
God prevents the franchisee from performing
its obligations under the franchise, the fran-
chisee shall have a reasonable time under the
circumstances to perform its obligations.
SECTION 17: Grant of Additional Fran-
chise and Competing Service Providers. If the
City receives another request for a cable tele-
vision franchise, the City shall process' the
application pursuant to this ordinance and
must inform the existing franchisee in writing
of any overlap with the existing franchisee's
service area. . The franchise shall be
nonexclusive, but the City shall not be required
to grant more than one franchise if granting an
additional•franchise would be detrimental to
the public interest.
The City must hold a public hearing before
approving •an additional franchise to ensure
that the additional franchisee will operate in the /
public right away without interfering with -ex-
isting service.
SECTION 18: Transfer or Assignment of
Franchise.. The franchisee shall grant the City
thirty -day notice of its intent to assignment
,franchise in the City cannot deny the assign-
ment unreasonably: The franchisee may secure
financing or indebtedness without the consent
of the City. .The franchisee may transfer the
franchise to a subsidiary without the consent of
the City, but thirty -days notice shall be re-
quired.
• SECTION 19: Compliance with State and
Federal Law. The franchisee shall be required
to at all times comply with state and federal
laws, and if another jurisdiction of the City
gains jurisdictional control over the City, the
City shall no, longer exert rights preempted by
such other jurisdiction.
SECTION 20: Notice. Unless otherwise
provided, no action shall be. taken involving the
franchisee without thirty -day certified mail no-
tice as provided in the section.
SECTION 21: Street Occupancy: The fran-
chisee shall be able to use existing • poles,
conduits and.other facilities with the consent of
the government entity or private property owner.
The franchisee shall similarly be allowed to
erect facilities. Lines, equipment, and struc-
ture shall be located to cause minimum
interference. The franchisee shall have author-
ity to trim trees:on public property at its own
ekpense as may be necessary to protect its
wires and facilities, subject to the direction of
the City of other appropriate governmental
authority.•
SECTION 22: Access to Public and Pri-
vate Property. The franchisee shall have
authority to access the property, premises, and
easements of the City for installing cable tele-
vision services are recovering removing its
property. The City shall not allow any person
color, creed, or national origin.
SECTION24: FranchiseeMayIssue Rules.
The franchisee shall have the authority to issue
such rules, regulations, terms and conditions as
shall be reasonably necessary to exercise its
rights under this ordinance and the rules of the
FCC.
SECTION25: Severability. If any section
of the ordinance or franchise is held invalid or
unconstitutional by the court, the remaining
portions of the ordinance. or franchise shall
remain in. effect. •
DATED this 10th day of May, 2001.
•CITY OF MCCALL.
Valley County, Idaho
By: Allan Muller, Mayor
ATTEST: Cathleen A. Koch, City Clerk
I tc5/ 10