4-280-160 Remedies cumulative.

   All remedies under this chapter and any franchise are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a grantee of its obligations to comply with its franchise. Remedies may be used singly or in combination; in addition the city may exercise any rights it has at law or equity. Recovery by the city any amounts under insurance, the performance bond, any security fund or letter of credit, or otherwise, does not limit a grantee's duty to indemnify the city in any way; nor shall such recovery relieve a grantee of its obligations under a franchise, limit the amounts owed to the city, or in any respect prevent the city from exercising any other right or remedy it may have.

(Added Coun. J. 4-18-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, repealed former § 4-280-160, which pertained to grantee's obligation as trustee.

4-280-170 Transfer of franchise.

   A.   A franchise granted under this chapter shall be a privilege to be held in personal trust by a grantee. It shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, sale and leaseback, merger, consolidation or otherwise or by forced or involuntary sale, without prior consent of the council expressed by resolution and then on only such conditions as may therein be prescribed. Any sale, transfer or assignment not made according to the procedures set forth in this chapter shall render the franchise void. The sale, transfer or assignment in bulk of the major part of the tangible assets of the grantee shall be considered an assignment and shall be subject to the provisions of this section.

   B.   Any sale, transfer or assignment authorized by the council shall be made by a bill of sale or similar document, an executed copy of which shall be filed with the city within 30 days after any such sale, transfer or assignment. The council shall not withhold its consent unreasonably; provided, however, the proposed assignee agrees to comply with all the provisions of this chapter and the franchise and reasonable amendments thereto and must be able to provide proof of legal, technical, financial and character qualifications as determined by the city. The proposed assignee must further agree that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous grantee unless the City, in its sole discretion, expressly waives this requirement in whole or in part.

   C.   No such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness except when such hypothecation shall exceed 75 percent of the fair market value of the property used by the grantee in the operation of its cable system. Prior consent of the council, expressed by resolution, shall be required for such transfer and said consent shall not be withheld unreasonably.

   D.   Prior approval of the council shall be required where ownership or control of 20 percent or more of the right of control of a grantee is acquired during the term of the franchise in any transaction or series of transactions by a person or group of persons acting in concert, none of whom owned or controlled 20 percent or more of such right to control, singularly or collectively on the effective date of the franchise. By its acceptance of a franchise, a grantee specifically grants and agrees that any such acquisition occurring without prior approval of the council shall render the franchise void.

   E.   The consent of the council to any sale, transfer, lease, trust, mortgage or other instrument of hypothecation shall not constitute a waiver or release of any of the rights of the city under this chapter and the franchise whether arising before or after the date of the a transfer.

   F.   The grantee's application for approval submitted pursuant to this section shall be processed in accordance with procedures consistent with applicable federal law.

(Prior code § 113.1-20; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-170 as § 4-280-130, and renumbered this section, which was formerly § 4-280-200, as § 4-280-170.

ARTICLE V. SUBSCRIBER AND USER FEES AND RECORDS (4-280-180 et seq.)

4-280-180 Subscriber and user fees.

   A.   By accepting a franchise granted pursuant to the terms and conditions imposed by this chapter, a grantee agrees that the city shall have the authority and right to regulate grantee's cable service rates.

   B.   All charges to subscribers and users shall be consistent with a schedule of fees for all services offered as established by the grantee.

   C.   A grantee shall not, with regard to fees and any other conditions of service, within the entire franchise area, discriminate or grant any preference or advantage to any person; provided, however, that a grantee may establish different rates for different classes of subscribers or users, provided that the grantee not discriminate between subscribers or users of the same services. Nothing herein shall be deemed to prevent a grantee from offering promotional or bulk discount rates so long as such discounts are available in a uniform and consistent manner in accordance with existing law.

   D.   Grantee may, at its own discretion, in a nondiscriminatory manner, waive, reduce or suspend connection fees and/or monthly service fees for promotional purposes.

(Prior code § 113.1-21; Amend Coun. J. 2-15-84, p. 5159; 3-27-85, p. 14767; 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-180 as § 4-280-140, and renumbered this section, which was formerly § 4-280-210, as § 4-280-180.

4-280-190 Books and records.

   A.   A grantee shall, (1) within 30 days following the acceptance of a franchise and (2) upon written request of the city, furnish the cable administrator a list, showing the names and addresses of persons owning three percent or more of the outstanding stock or equivalent ownership interest of the grantee. Such a list shall include a roster of the grantee's officers and directors (or equivalent managerial personnel) and their addresses.

   B.   A grantee shall maintain books and records of its operations within the city to show the total revenues, by cable service category in sufficient detail, consistent with generally accepted accounting principles.

   C.   A grantee shall maintain such books and records for the franchise area specified in the franchise separately from any other operations; provided, however, that any expenses or expenditures which apply to both the system in said franchise area and any other operations shall be reasonably allocated between all such operations, consistent with generally accepted accounting principles. Such books and records shall be retained, in any reasonable form, for a period of not less than 10 years. The city shall have the right to extend the retention period through the term of any renewed franchise.

   D.   The books and records of a grantee's operation within the city shall be made available in the city during normal business hours, for inspection and audit by the city within ten days after such request has been made.

   E.   Copies of a grantee's schedule of charges, contract or application forms for subscriber service, policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as a grantee's policy in connection with its subscribers shall be filed with the cable administrator and shall be made available for inspection by the public in the grantee's local office.

(Prior code § 113.1-22; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-190 as § 4-280-150, and renumbered this section, which was formerly § 4-280-220, as § 4-280-190.

ARTICLE VI. SYSTEM OPERATIONS (4-280-200 et seq.)

4-280-200 Franchise areas.

   A.   The areas of the city for which applications for franchise will be accepted shall be specified by the council.

(Prior code § 113.1-23; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-200 as § 4-280-170, and renumbered this section, which was formerly § 4-280-230, as § 4-280-200.