Loading...
(A) The company shall maintain the system so that it is capable of providing at least 35 channels of service.
(B) In order to promote diversity, localism and to ensure that the public's interest in appropriate use of public rights-of-way is protected, the company shall:
(1) Provide a basic service to subscribers consisting of at least 11 channels; and
(2) Provide the following broad categories of services: local news and information; regional news and information; national news and information; children's programming; public affairs programming; educational programming; programming of particular interest to minority groups; and programming required to meet ascertained needs of the community.
(C) The company may ascertain the needs of the community by completing an annual survey of a representative sample of its subscribers and by publishing and distributing to all subscribers a customer handbook which, among other things, will solicit input from subscribers and detail procedures for communications fram subscribers to the company. To provide formal documentation that such communications are effectively occurring, the company shall maintain written files of questions and comments from subscribers. These files will be available for inspection by the city.
(D) The company shall provide parental control devices, or channel traps, upon request fram subscribers, and at the company's cost for making the installation.
(Ord., passed 8-25-92)
Upon termination of this franchise the company shall, within 120 days, move its posts, poles, television transmission and distribution system and other appurtenances from the streets, lanes, sidewalks, alleys, bridges, and other public places in the city and shall restore such streets, lanes, sidewalks, alleys, bridges and other public places to their original condition provided that, the city may require the company to continue to provide service as if the terms of this franchise were still in force as necessary to assure continuity of service to subscribers.
(Ord., passed 8-25-92)
(A) The company shall indemnify and hold the city harmless at all times during the term of this grant from and against all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structures, equipment, appliance or product provided by or through the company, including but not limited to any injury or damages arising from violations of the law of copyright, slander, libel, obscenity, indecency or other similar laws.
(B) The company shall, at all times during the existence of this permit or franchise, carry and require his contractors to carry:
(1) Insurance to protect the city and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized or used pursuant to authority of this chapter, and the amount of such insurance against liability due to damage to property shall be not less than $500,000 as to any one person, accident and against liability due to injury or death of person(s). Riders for said policies shall be furnished to the city showing the interest of said city in said policies.
(2) Workmen's Compensation insurance in compliance with the laws of the state.
(3) Automobile Insurance with personal injury limits of not less than $100,000 - $300,000, and automobile property damage insurance with a limit of not less than $25,000 to cover all automobile equipment.
(C) The company, upon receipt of due notice in writing from the city, shall defend at its own expense any action or proceedings against the city in which it is claimed that the injury or damage arose from the company's activities in the construction or operation of its television system, and in the event of a determination of liability, shall indemnify the city. More particularly, the company does hereby agree to indemnify and hold harmless the city from any and all liability, claims, demands or judgments growing out of any injury to any person or property as a result of the violation or failure on the part of the company to observe its proper duty, or because of negligence in whole or in part arising out of the construction, repair, extension, maintenance or operation of its distribution lines, with this permit or franchise, or because of any other action by the company which results in any claim against the city, including but not limited to challenges to the validity of the franchise, or claims that programming cablecast by the company violated applicable law.
(Ord., passed 8-25-92)
(A) If the company shall fail to comply with any provisions of this franchise, or default in any of its obligations, except for causes beyond the reasonable control of the company, and shall fail, within 60 days after written notice from the city to correct such default or non- compliance, the city shall have the right to revoke this franchise and all rights of the company hereunder. Provided that, the franchise shall be subject to termination on 60 days notice, but without providing the company the opportunity to cure if the company transfers or assigns the franchise, or control of the company changes without the approval of the city, as required hereunder; or in the event of willful or repeated franchise violations.
(B) The franchise may also be terminated with 60 days notice, but without providing the company the opportunity to cure if the city or a court of competent jurisdiction determines that the company has defrauded, or attempted to defraud the city or subscribers; engaged or attempted to defraud the city or subscribers; engaged or attempted to engage in any unfair deceptive practice; submitted false or misleading information to the city; engaged in any criminal act related to the operation of its system in Camden; or in the event the company is adjudged bankrupt.
(Ord., passed 8-25-92)
(A) The city may collect liquidated damages for any failure to comply with the provisions of the franchise. Damage amounts may be adjusted throughout the term of the franchise by the city by resolution to take into account inflation:
(1) For failure to extend service in accordance with franchise: $1,500/day for each day the violation continues;
(2) For failure to submit reports, maintain records, provide documents or information: $500/day for each day the violation continues;
(3) For violation of EEO requirements; rights to privacy: $5,000 per violation;
(4) For violation of customer service standards: $750 per violation;
(5) For failure to comply with transfer provisions: $1,000/day from the date of any unlawful transfer; and
(6) For all other violations: $500/day for each day violation continues.
(B) The damages provided for in this section, the termination provisions, and such other remedies as may be available under law are cumulative; the exercise by the city of any one remedy shall not foreclose the use or availability of any other remedy.
(C) The company shall maintain a $25,000 irrevocable and unconditional letter of credit (in a form acceptable to the City Attorney) from which the city may draw upon to satisfy any payments it determines are due it under this section, or to satisfy any other provisions of this franchise, including the indemnity provision, provided that the company receives 15 standard business days written notice from the city before any draws are made upon the letter of credit. In the event such withdrawals are made, the company agrees to replenish the letter of credit within 30 days of the withdrawals.
(Ord., passed 8-25-92)
As compensation for the use of valuable public rights-of-way, and to defray certain of the costs associated with cable regulation during the franchise term, the company shall pay the city five percent of the gross receipts it receives in connection with the operations of the Camden system. The company's gross receipts shall include additionally any gross receipts received by any affiliate of the company in connection with the operation of the Camden cable system (where the affiliate does not itself hold a cable franchise for Camden) if that affiliate directly or indirectly provides any cable service over the cable system, or controls or is involved directly or indirectly in the management and operation of the cable system. The franchise shall be read to prevent the company from avoiding the provisions of this section by lease, contract or other arrangement. If federal law changes to permit Camden to charge a higher fee, the city may increase the franchise fee on 90 days notice.
(B) The term gross receipts includes, but is not limited to: receipts from pay, pay-per-view and basic service subscriptions; receipts from the provision of services, facilities or equipment to subscribers; receipts from the sale of all advertising (including a per capita share of amounts paid to have advertising carried on a group or groups of systems of which Camden is a part); receipts for carriage of any service; receipts received from home shopping services; and any other compensation received, from any source and regardless of form, cash and non-cash. Any sales tax collected on behalf of any federal, state or local government or agency is not considered part of the company's gross receipts.
(C) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment, and, except as federal law requires, no tax, fee or assessment of any kind shall be considered part of the franchise fee.
(D) Franchise fee payments are due and payable quarterly: May 1 for the first quarter, August 1 for the second quarter, November 1 for the third quarter, and February 1 for the fourth quarter of each calendar year. Interest shall be paid at the prime rate on any late payments and penalties may be imposed for inaccurate reporting or underpayment to the city.
(E) Acceptance of any payment shall not operate as an accord or satisfaction, or a waiver of any right under the franchise or law.
(F) Each payment shall be accompanied by a form provided by the city reporting revenues and subscriber levels by category.
(G) The city shall have the right to audit the company's books on reasonable notice.
(H) Any person which desires Camden to consider an application for transfer or assignment of the franchise to it shall compensate the city for all costs (including reasonable consultant and attorney's fees) associated with considering the application for transfer or assignment.
(Ord., passed 8-25-92; Am. Ord., passed 9-23-97)
(A) The city shall have access at all reasonable business hours to all records relating to the property and operations of the company in the city.
(B) The company shall maintain records sufficient to show that it is in compliance with the provisians of this franchise. It will cooperate with the city by providing access to records, providing copies of reports and preparing such information as the city may reasonably request to determine whether the company is in compliance with the terms of this franchise. The company shall maintain records of customer complaints and its response thereto.
(Ord., passed 8-25-92)
Loading...