Loading...
(1) Contents of application for initial or renewal franchise. In order to obtain an initial or renewal franchise, an operator of an open video system must apply for a franchise. The application must contain the following information, and such information as the city may from time to time require.
(A) Identity of the applicant, the persons who exercise working control over the applicant and the persons who control those persons, to the ultimate parent.
(B) A proposal for construction of the open video system that sets forth at least the following:
1. A description of the services that are to be provided over the facility.
2. The location of proposed facility and facility design, including a description of the miles of plant to be installed, where it is to be located, and the size of facilities and equipment that will be located in, on, over, or above the rights-of-way.
3. Identification of the area of the city to be served by the proposed system, including a description of the proposed franchise area's boundaries.
(C) A description of the manner in which the system will be installed, and the time required to construct the system, and the expected effect on right- of-way usage, including information on the ability of the rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities.
(D) A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.
(E) Proof in the form of financial statements, attested to by a certified public accountant, that the applicant has the financial resources to complete the proposed project, and to construct, operate and repair the proposed facility over the franchise term. It is not the intent of the city to require an applicant to prove that the services it proposed to offer will succeed in the marketplace.
(F) Proof that applicant is technically qualified to construct, operate and repair the proposed facility. At a minimum, the applicant must show that it has experience or resources to ensure that work is to be performed adequately, and can respond to emergencies during and after construction is complete.
(G) Proof that the applicant is legally qualified, which proof must include a demonstration that the applicant:
1. Has received, or is in a position to receive, necessary authorizations from state and federal authorities;
2. Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows city to conclude the applicant cannot be relied upon to comply with requirements of franchise, or provisions of this article;
3. Was not a convicted vendor thirty-six (36) months or fewer prior to the date of the application pursuant to Chapter 287, Florida Statutes, or was removed from the convicted vendor list pursuant to Section 287.133, Florida Statutes;
4. Is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or maintenance of its facilities, and has not entered into any agreement that would prevent it from doing so.
(H) An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.
(2) Additional information regarding affiliates; presumptions. To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs required by Section 5-16(1)(C)-(E) should be provided for that person. An applicant will be presumed to have the requisite financial, or technical or legal qualifications to the extent such qualifications have been reviewed and approved by a state agency of competent jurisdiction; or if applicant is a holder of a franchise in the city for a cable system or open video system, and conduct under such other franchise provides no basis for additional investigation.
(3) Applications for transfer. An application for a transfer of a franchise must contain same information required by Section 5-16(1), except that, if the transferor submitted an application pursuant to Section 5-16(1), to the extent information provided by the transferor under Section 5-16(1) remains accurate, the transferee may simply cross-reference the earlier application.
(4) City review. The city may request such additional information as it finds necessary, and require such modifications to the application as may be necessary in the exercise of the city's authority over open video systems. Once the information required by the city has been provided, the application shall be promptly reviewed and shall be granted if the city finds that:
(A) The applicant has the qualifications to construct, operate and repair the system proposed in conformity with applicable law. The city shall provide a reasonable opportunity to an applicant to show that it would be inappropriate to deny it a franchise under Section 5-16(1)(G)2, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of an open video system. An application for a franchise area shall not be granted if the franchisee has no plans for constructing a system within the entire area for which the franchise is sought.
(B) The applicant accepts the modifications required by the city to its proposed system. This section shall not be read to authorize the city to exercise authority it does not otherwise have under applicable law.
(C) The applicant enters into a franchise agreement and complies with any conditions precedent to its effectiveness.
(D) In the case of a transfer, the city must also determine that:
1. There will be no adverse effect on the public interest, or the city's interest in the franchise;
2. Transferee agrees to be bound by all the conditions of the franchise and to assume all the obligations of its predecessor; and
3. Any outstanding compliance and compensation issues are resolved or preserved to the satisfaction of the city.
(E) An applicant shall not be issued a franchise if it files, or in the previous three years, filed materially misleading information in a franchise application; or intentionally withheld information that the applicant lawfully is required to provide.
(5) Compensation. Every operator of an open video system shall pay compensation to the city as follows:
(A) To the extent that the system is used to provide cable services: a percentage of gross revenues (as that term is defined in Article IIC as if the open video system operator were a cable operator) each quarter equal to the gross revenue percentage paid by any cable operator for the same quarter. In addition, unless a franchise agreement provides otherwise, an open video system operator shall pay to the city, at a time directed by the city, an amount equal to the highest amount contributed by any cable operator under its franchise for and in support of public, educational and government use (including institutional network use) of its cable system. To the extent that a cable operator is providing other support for public, educational or governmental use, the operator must duplicate that support within a time and in a manner directed by the city, or provide a cash equivalent acceptable to the city. In applying this section, the city shall ensure that the obligations borne by the open video system operator are no greater or lesser than the obligation imposed upon the cable operator providing the greatest benefits to the community. The compensation required under this section or specified in a franchise shall increase as the compensation that a cable operator is required to provide (in cash and in other forms) increases.
(B) To the extent that the open video system is used for the provision of telecommunications services, the open video system operator shall pay the fee required of a telecommunications service provider.
(C) Such other compensation as the city may charge in the future, consistent with federal or state law, including fees imposed upon open video system lessees.
(6) Customer Service Standard Certification. An open video system that enters into an agreement to comply with the customer service standards applicable to cable systems may be certified by the city as "Consumer Friendly - CITY OF BOYNTON BEACH" for so long as it complies with those requirements.
(7) Every cable or open video system and every cable or open video system operator shall be required to interconnect with every other cable or open video system and cable or open video system operator within the city on fair and reasonable terms for purposes of providing PEG and I-Net services.
(Ord. No. 00-31, § 1, 6-20-00) Penalty, see Section 5-11
Secs. 5-17 – 5-20 Reserved.
Access channel means any capacity on a cable system set aside by a franchisee for public, educational, or governmental use.
Basic cable service or basic service means any service tier that includes the retransmission of local television broadcast signals.
Cable Act means the Cable Communications Policy Act of 1984, 47 USC 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time.
Equitable price means fair market value adjusted downward for the harm to the city or subscribers, if any, resulting from a franchisee's breach of its franchise agreement or violation of this chapter and as further adjusted to account for other equitable factors that may be considered consistent with 47 USC 547.
Fair market value means the price for the cable system valued as a going concern but with no value allocated to the franchise itself.
Governmental access channel means any capacity on a cable system set aside by a franchisee for government use.
Gross revenues means any and all cash or other consideration of any cable operator of a cable system in any way derived from the operation of that cable system to provide cable services in the franchise area. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; revenues received from programmers for carriage of programming on the cable system (excluding money received from programmers which is passed through to offset the cost of launching the service including equipment expense and cost, advertising expense as well as other pass through incomes for advertising or marketing such programming); revenues from rentals or sales of converters or other equipment; advertising revenues; revenues from program guides; and revenues from home shopping channels. Home shopping revenue shall be based on the number of homes in a zip code area provided that where a common zip code serves more than one city, the revenues from that zip code shall be allocated based on the number of homes in the zip code area attributable to the city divided by the total homes in the zip code area. This provision shall be read broadly to prevent the avoidance of franchise fees by a cable operator through arrangements with affiliates. Gross revenues shall not include any taxes on services furnished by a franchisee which are imposed directly on any subscriber or user by the state, city, or other governmental unit and which are collected by a franchisee on behalf of said govern- mental unit; bad debt expense; subscriber deposits in segregated accounts; or copyright fees. If an amount written off as bad debt is recovered, or if a deposit is applied to unpaid service revenues, said amount shall be included in the gross revenue base.
Non-cable service means any service that is authorized to be distributed over the cable system, other than a cable service.
Public access channel means any capacity on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a non- discriminatory basis.
Service tier means a package of two or more cable services for which a separate charge is made by the franchisee, other than a package of premium and pay-per-view services that is not subject to rate regulation under the Cable Act and applicable FCC regulations because those services are also sold on a true à la carte basis.
Subscriber means the city, any government entity or any person who legally receives any cable service from a cable operator delivered over that cable operator’s cable system.
User means a person or the city utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.
(Ord. No. 00-31, § 1, 6-20-00)
A franchisee may not require a subscriber or a building owner or manager to enter into an exclusive contract as a condition of providing or continuing service. However, nothing herein prevents a franchisee from entering into an otherwise lawful, mutually desired exclusive arrangement with a building owner or manager of a multiple dwelling unit or commercial subscriber.
(Ord. No. 00-31, § 1, 6-20-00) Penalty, see Section 5-11
(1) Written application.
(A) A written application shall be filed with the city for grant of an initial franchise; renewal of a franchise under 47 USC 546(a)-(g); or modification of a franchise agreement pursuant to this chapter or a franchise agreement. A request for renewal may also be filed informally, pursuant to 47 USC 546(h), as provided in Section 5-24(5).
(2) Contents of applications. A request for proposals for a franchise, including for a renewal franchise under 47 USC 546(c), shall require, and any application submitted pursuant to this Section 5-24(1) (and expressly not an informal renewal application submitted pursuant to 47 USC 546(h)) shall contain, at a minimum, the following information:
(A) Identity of the applicant, the persons who exercise working control over the applicant, and the persons who control those persons, to the ultimate parent.
(B) Identification of the area of the city to be served by the proposed cable system, including a description of the proposed franchise area's boundaries.
(C) A detailed description of the physical facilities proposed, which shall include at least the following:
1. A description of the channel capacity, technical design, performance characteristics, head-end, access (and institutional network) facilities and equipment.
2. The location of proposed facility and facility design, including a description of the miles of plant to be installed, where it is to be located, and the size of facilities and equipment that will be located in, on, over, or above the rights-of-way.
3. A description of the manner in which the system will be installed, and the time required to construct the system, and the expected effect on rights-of-way usage, including information on the ability of the rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities.
4. A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.
(D) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of the capacity, facilities and support for public, educational, and governmental use of the cable system (including institutional networks) applicant proposes to provide and why applicant believes that the proposal is adequate to meet the future cable-related needs and interests of the community.
(E) A demonstration of the financial qualifications of the applicant, including at least the following:
1. The proposed rate structure, including projected charges for each service tier, installation, converters, and all other proposed equipment or services;
2. A financial statement attested to by a certified public accountant demonstrating the applicant's financial ability to complete the construction and operation of the cable system proposed; and
3. Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
(F) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system;
(G) Proof that the applicant is legally qualified, which proof must include a demonstration that the applicant:
1. Has received, or is in a position to receive, necessary authorizations from state and federal authorities;
2. Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows city to conclude the applicant cannot be relied upon to comply with requirements of franchise, or provisions of this article;
3. Was not a convicted vendor thirty- six (36) months or fewer prior to the date of the application pursuant to Chapter 287, Florida Statutes, or was removed from the convicted vendor list pursuant to Section 287.133, Florida Statutes;
4. Is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or repair of its facilities; and has not entered into any agreement that would prevent it from doing so; and
5. The applicant must not have submitted an application for an initial or renewal franchise to the city, which was denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three (3) years preceding the submission of the application.
The city shall provide a reasonable opportunity to an applicant to show that it would be inappropriate to deny it a franchise under Section 5-24(2)(G)2., by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of a cable system.
(H) To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs required pursuant to Sections 5-24(2)(E) and (F) should be provided for that person.
(I) A description of the applicant's prior experience in cable system ownership, construction, and operation, and identification of cities and counties in Florida in which the applicant or any of its principals have a cable franchise or any interest therein, provided that an applicant that holds a franchise for the city and is seeking renewal of that franchise need only provide this information for other cities and counties in Florida where its franchise is scheduled to expire during the twelve (12) month period prior to the date its application is submitted to the city and for other cities and counties in Florida where its franchise had been scheduled to expire during the twelve (12) month period after the date its application is submitted to the city. If an applicant has no other franchise in Florida, it shall provide the information for its operations in other states.
(J) An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.
(3) Procedure for applying for grant of a franchise, other than a Cable Act renewal franchise.
(A) A person may apply for a franchise in response to a request for proposals ("RFP") issued by the city. Any response to an RFP shall contain the information required by Section 5-24(2), and such other information as the RFP may require, and must be submitted in accordance with the restrictions in the RFP. A properly filed response to an RFP shall be evaluated in accordance with Section 5-24(3)(C). The city may conduct such investigations from time to time as may be appropriate to establish RFP requirements.
(B) Notwithstanding the provisions of Section 5-24(3)(A), a person may apply for an initial franchise by submitting an unsolicited application containing the information required in Section 5-24(2) and requesting an evaluation of that application pursuant to Section 5-24(3)(C). Prior to evaluating that application, the city may conduct such investigations as are necessary to determine whether the application satisfies the standards set forth in Section 5-24(3)(C), including by commencing a proceeding to identify the future cable-related needs and interests of the community. It also may seek additional applications prior to evaluating the application. An applicant for an initial franchise shall be provided an opportunity to amend its application in light of the result of any investigation conducted by the city, prior to evaluation of that application pursuant to Section 5-24(3)(C).
(C) In evaluating an application for a franchise, the city shall consider, among other things, the following factors:
1. The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise for the city;
2. Whether the quality of the applicant's service under any existing franchise in the city, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served;
3. Whether the applicant has the financial, technical, and legal qualifications to hold a cable franchise;
4. Whether the application satisfies any minimum requirements established by the city under this article or in the RFP or and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;
5. Whether, to the extent not considered as part of Section 5-24(3)(C)4., the applicant will provide adequate public, educational, and governmental use capacity, facilities, or financial support;
6. Whether issuance of a franchise is in the public interest considering the immediate and future effect on the rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the rights-of-way; and the comparative superiority or inferiority of competing applications; and
7. Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the city.
(D) If the city finds that it is in the public interest to issue a franchise considering the factors set forth above, and subject to the applicant's entry into an appropriate franchise agreement, it shall issue a franchise. If the city denies a franchise, it will issue a written decision explaining why the franchise was denied. Prior to deciding whether or not to issue a franchise, the city shall hold one or more public hearings or implement other procedures under which comments from the public on an application may be received as required by state or federal statute. The city also may grant a franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP.
(4) Procedure for applying for grant of a Cable Act renewal franchise. Requests for renewal under the Cable Act shall be received and reviewed in a manner consistent with Section 626 of the Cable Act, 47 USC 546. It is the proposal submitted by a franchisee under 47 USC 546(b), and not the request for commencement of the renewal proceedings submitted under 47 USC 546(a), that must contain the information required under Section 5-24(2). If neither a franchisee nor the city activates in a timely manner, or can activate the renewal process set forth in 47 USC 546(a)-(g) (including, for example, if the provisions are repealed), and except as to applications submitted pursuant to 47 USC 546(h), the provisions of Section 5-24(3) shall apply and a renewal request shall be evaluated using the same criteria as any other request for a franchise. The following requirements shall apply to renewal requests properly submitted pursuant to the Cable Act:
(A) If the provisions of 47 USC 546(a)-(g) are properly invoked, the city shall issue an RFP after conducting a proceeding to review the franchisee’s past performance and to identify future cable-related community needs and interests. The city shall make available for review by a franchisee the results of the city's review and ascertainment proceedings. The city shall establish deadlines and procedures for responding to the RFP, may seek additional information from the franchisee related to the city’s evaluation of the proposal given the standards for review of that proposal under applicable law, and shall establish deadlines for the submission of that additional information. Following receipt of the application responding to that RFP (and such additional information as may be provided in response to requests), the city commission will determine that the franchise should be renewed, or make a preliminary assessment that the franchise should not be renewed in accordance with the provisions of the Cable Act applicable to that preliminary decision. The preliminary determination shall be made by resolution. If the city commission determines that the franchise should not be renewed, and the franchisee notifies the city, either in its RFP response or within thirty (30) business days of the preliminary assessment, that it wishes to pursue any rights to an administrative proceeding it has under the Cable Act, then the city shall commence an administrative proceeding after providing prompt public notice thereof, in accordance with the Cable Act. If the city commission decides preliminarily to grant renewal, it shall prepare a final franchise agreement that incorporates, as appropriate, the commitments made by the franchisee in the application. If the franchisee accepts the franchise agreement, and the final agreement is approved by the city commission, the franchise shall be renewed. If the franchise agreement is not so accepted and approved within the time limits established by 47 USC 546(c)(1), renewal shall be deemed preliminarily denied, and an administrative proceeding commenced if the franchisee requests it within thirty (30) business days of the expiration of the time limit established by 47 USC 546(c)(1), unless the time limit is extended by mutual agreement of the city and the franchisee.
(B) If an administrative hearing is commenced pursuant to 47 USC 546(c), the franchisee’s application shall be evaluated considering such matters as may be considered consistent with federal law. The following procedures shall apply:
1. The proceeding shall be conducted with all deliberate speed in accordance with such lawful procedures as the city may adopt by resolution.
2. The City Commission may appoint an administrative hearing officer or officers or may conduct the administrative hearing itself. The entity that will conduct the administrative hearing is referred to as the "hearing officer."
3. The hearing officer shall establish a schedule for proceeding. The hearing officer shall have the authority to require the production of evidence from any person as the interests of justice may require. Any order regarding the production of evidence may be enforced by a court of competent jurisdiction or by imposing appropriate sanctions in the administrative hearing.
4. The hearing officer may conduct a pre-hearing conference and establish appropriate pre- hearing orders. Intervention by non-parties is not authorized except to the extent required by the Cable Act.
5. The hearing officer shall require the city and the franchisee to submit prepared testimony prior to the hearing. Unless the parties agree otherwise, the franchisee shall present evidence first, and the city shall present evidence second.
6. Any reports or the transcript or summary of any proceedings conducted pursuant to 47 USC 546(a) shall be, for purposes of the administrative hearing, regarded no differently than any other evidence. The city and the franchisee shall be afforded fair opportunity for full participation in the proceeding, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection 47 USC 546(a)), to require the production of evidence, and to question witnesses.
7. Following completion of any hearing, the hearing officer shall require the parties to submit proposed findings of fact with respect to the matters that the city is entitled to consider in determining whether renewal ought to be granted. Based on the entire record of the administrative hearing, the hearing officer shall then prepare written findings, and submit those findings to the city commission and to the parties (unless the hearing officer is the city commission, in which case the written findings shall constitute the final decision of the city).
8. If the hearing officer is not the city commission, the parties shall have thirty (30) calendar days from the date the findings are submitted to the city commission to file exceptions to those findings. The city commission shall thereafter issue a written decision granting or denying the application for renewal, consistent with the requirements of the Cable Act and based on the record of such proceeding. A copy of the final decision of the city commission shall be provided promptly to the applicant.
(5) Informal applications for renewal. Notwithstanding the above, a cable operator may submit a proposal for renewal of a franchise pursuant to 47 USC 546(h) at any time, and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal. An application shall not be granted unless the city determines that it is in the public interest to do so. An application may be denied for any reason, without prejudice to the applicant's right to seek renewal under other provisions of this section.
(6) Application for modification of a franchise.
(A) An application for modification of a franchise agreement shall include, at minimum, the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of pro forma financial statements.
3. A statement indicating whether the modification is sought pursuant to Section 625 of the Cable Act, 47 USC 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 USC 545;
4. Any other information that the applicant believes is necessary for the city to make an informed determination on the application for modification; and
5. An affidavit or declaration of the applicant or applicant's authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with the requirements of applicable law.
(B) A request for modification submitted pursuant to 47 USC 545 shall be considered in accordance with the requirements of that section.
(7) Public hearings. An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given a reasonable opportunity to be heard. In addition, prior to the issuance of a franchise, the city shall provide for the holding of a public hearing within the proposed franchise area, following notice to the public, at which each applicant and its application shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.
(Ord. No. 00-31, § 1, 6-20-00) Penalty, see Section 5-11
(1) System construction schedule. Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.
(2) Use of franchisee facilities. The city shall have the right to install and maintain free of charge upon any poles or in any conduit owned by a franchisee any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the franchisee. Provided that, if the city uses a franchisee's conduit or poles to install a cable system that competes with that franchisee in the provision of cable service to residential subscribers, the franchise agreement may provide that the franchisee may charge the city a fair market rate pursuant to that franchise agreement. Franchisee shall notify the city when it enters into an agreement for use of its poles and conduits. Copies of agreements for use of franchisee's conduits or poles in the public rights- of-way or on other public property shall be available for review upon the city's request. A franchise agreement may include a provision under which the city shall indemnify, defend and hold a franchisee harmless for all claims arising out of the city's use of that franchisee's poles and conduits where the franchisee and the city do not have a joint pole or conduit use agreement.
(3) Provision of service/quality of service. In addition to satisfying such requirements as may be established in a franchise, every cable system shall be subject to the following conditions, except as prohibited by federal law:
(A) It is the policy of the city to ensure that every franchisee provide service in the franchise area upon request to any person or any government building. Each franchisee shall extend service upon request within its franchise area, provided that a franchise agreement may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where such extension or installation may be unduly expensive. Service must be provided within time limits specified in Section 5-25(3)(B).
(B) Except as a franchise agreement otherwise provides, a franchisee must extend service to any person or to any government building in the franchise area which requests it within seven (7) business days of the request, where service can be provided by activating or installing a drop; within ninety (90) calendar days of the request where an extension of one-half mile or less is required; or within six (6) months where an extension of one-half mile or more is required. Provided that, in cases where a franchise agreement permits a franchisee to require a potential subscriber to bear a share of extension or installation costs, and franchisee requires the potential subscriber to bear such costs, the time for extension shall be measured from the date the subscriber agrees to bear such costs or, if a franchisee requires prepayment of all or a portion of the estimated costs, from the date the prepayment is made. A franchisee that requires a potential subscriber to bear a portion of installation or extension costs must prepare a written estimate of extension costs within seven (7) business days of a request for an installation or extension that would be subject to cost-sharing.
(C) Any cable system within the city shall meet or exceed the technical standards set forth in 47 CFR 76.601 and any other applicable technical standards.
(D) A franchisee shall perform all tests necessary to demonstrate compliance with the requirements of the franchise agreement and other technical and performance standards established by applicable law. Unless a franchise agreement or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of National Cable Television Association's Recommended Practices for Measurements on Cable Television Systems, or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the city within seven (7) calendar days of a request by the city. If a location fails to meet technical or performance specifications, the franchisee, without requirement of additional notice or request from city, shall promptly take corrective action, and retest the locations.
(E) Every cable or open video system and every cable or open video system operator shall be required to interconnect with every other cable or open video system and cable or open video system operator within the city on fair and reasonable terms for purposes of providing PEG and I-Net services.
(4) System maintenance. Scheduled maintenance shall be performed so as to minimize the effect of any necessary interruptions of cable service.
(5) Continuity of service. Each franchise agreement shall, during the term of the franchise, ensure that subscribers are able to receive continuous service and that, in the event the franchise is revoked or terminated, the franchisee may be obligated to continue to provide service for a reasonable period to assure an orderly transition of service from the franchisee to another entity.
(Ord. No. 00-31, § 1, 6-20-00) Penalty, see Section 5-11
(1) Communication with regulatory agencies. If requested by the city in writing, a franchisee shall file with the city all reports required by the FCC including, without limitation, any proof of performance tests and results, Equal Employment Opportunity (EEO) reports, and all petitions, applications, and communications of all types directly related to the cable system, or a group of cable systems of which the franchisee's cable system is a part, submitted or received by the franchisee, an affiliate, or any other person on the behalf of the franchisee, either to or from the FCC, the Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee's cable system. Provided that, nothing herein requires the franchisee to produce regulatory or court filings that are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act filings. Nothing in this section affects any rights the city may have to obtain books and records under Article II.
(2) Reports.
(A) If requested by the city in writing within forty-five (45) calendar days after the end of each calendar quarter, a franchisee shall submit a report to the city containing the following information, within thirty (30) calendar days of such written request:
1. The number of service calls (calls requiring a truck roll); and
2. The number and type of outages known by the franchisee for the prior quarter, identifying separately the following:
a. Each planned outage, the time it occurred, its duration, and the estimated area affected;
b. Each known unplanned outage, the time it occurred, its estimated duration and the estimated area affected, and if known, the cause;
c. The total estimated hours of known outages. An outage is a loss of sound and video on all channels.
(B) Upon written request of the city, no later than ninety (90) calendar days after the end of its fiscal year, a franchisee shall submit a written report, within forty-five (45) calendar days of such request, that shall contain such information as may be required from time to time by the city, and at least the following, unless the city waives the requirement:
1. A summary of the previous year's activities in the development of the cable system, including descriptions of services begun or discontinued, the number of subscribers gained or lost for each category of cable service;
2. A summary of service calls for which records are required under Section 5-26(3)(A), identifying both the number and nature of the service calls received and an explanation of their dispositions, if any;
3. A revenue report from the previous fiscal year for the cable system, audited by a certified public accountant;
4. An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of ten percent (10%) or more;
5. A list of officers and members of the board of directors of the franchisee and any affiliates directly involved in the operation or the maintenance of the cable system;
6. An organizational chart showing all corporations or partnerships with more than a ten (10) percent interest ownership in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified and so on until the ultimate corporate and partnership interests are identified;
7. An annual report of each entity identified in Section 5-26(2)(B)6. which issues an annual report;
8. A complete report on its plant. This plant report shall state the physical miles of plant construction and plant in operation during the prior calendar year categorized as aerial and underground, provide revisions to the cable system maps filed with the city, and report the results of appropriate electronic measurements to show conformity with FCC technical standards.
9. A report showing, for each cable customer service standard in force, the franchisee’s performance with respect to that standard for each quarter of the preceding year. In each case where franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance.
10. Notwithstanding the above, once the information required by Sections 5-26(2)(B)4.-6. has been filed once, it need only be refiled if it changes.
(3) Records Required. A franchisee shall at all times maintain:
(A) Records of all service calls received with information sufficient to allow the franchisee to prepare the reports required in this section;
(B) Records of outages known to the franchisee, with information sufficient to allow a franchisee to prepare the reports required in this section;
(C) Records of service calls for repair and maintenance indicating the date and time, if available, service was requested, and date and time, if available, service was scheduled (if it was scheduled), and the date and time, if available, service was provided, and (if different) the date and time the problem was solved, if available; and
(D) Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, if available, and the date and time, if available service was provided.
(Ord. No. 00-31, § 1, 6-20-00)
Loading...