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(A) Construction schedule. The franchisee shall be diligent in commencing construction after the effective date of the franchise.
(B) Changes required by public improvement. A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place to remove from the road or other public place, any property of the franchisee when required by the town or state by reason of traffic conditions, public safety, road vacation, road construction, change or establishment of road grade, installation of sewers, drains and water pipes, power lines or any other type of structure or improvement by public agencies.
(C) Pole use. The franchisee is obligated to obtain pole space and other facilities from the town, any utility companies, and other lawful users at its own expenses and costs and copies of all pole use agreements in whatever form are to be filed with the Mayor at Town Clerk-Treasurer’s office. In the event of termination for failure to construct the CATV system or expiration of the franchise, the franchisee is to relinquish all rights to pole use immediately and enter into whatever agreements and execute whatever documents may be necessary to accomplish such relinquishment. In the event of termination of the franchise once the system is operating, the franchisee is to relinquish all rights to pole use after a reasonable time has elapsed for the franchisee to attempt to sell the system; however, during such time the franchisee shall diligently be attempting to find a buyer. Such reasonable time, unless otherwise agreed to by the town, shall be nine months. This provision may be enforced by appropriate equitable remedy from a court of competent jurisdiction as set forth in G.S. § 153A-123. Such equitable relief includes, but is not limited to, injunctions and orders of abatement and upon refusal to comply, the franchisee may be cited for contempt.
(D) Use of existing poles or conduits. Nothing in this chapter, or any franchise granted hereunder, shall authorize the franchisee to erect and maintain in the town new poles where existing poles are servicing the area. The franchisee shall obtain permission from the town before erecting any new poles or underground conduit where none exists at the time the franchisee seeks to install his or her network.
(E) Facilities not to be hazardous or interfere. All wires, conduits, cable and other property and facilities of the franchisee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the roads and public places of the town. The franchisee shall keep and maintain all of its property in good condition, order and repair. The franchisee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the town in the section dealing with reports. A franchisee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone fixtures, or with any water hydrants or mains.
(F) Methods of installation. All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner consistent with all applicable requirements of the National Electric Code, state and local electric codes, and all pole attachment agreements. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in these areas of the town where electric service is underground at the time of installation. In areas where electric utility facilities are aboveground at the time of installation, the franchisee may install its service aboveground with the understanding that at such time as those facilities are required to be placed underground by the town, the franchisee shall likewise place its services underground without additional cost to the subscribers or the town. It shall be the policy of the town that underground installation, even when not required, is preferable to the placement of additional poles.
(G) Subscriber’s underground installation option. Should any subscriber wish to have underground service in any area normally provided service via overhead (aerial) construction, the subscriber requesting such underground service shall pay all costs attendant to underground construction plus 10% less the normal costs of such equivalent overhead installation, if such overhead service does not exist to the subscribers’ residence.
(H) Prohibition of signal distribution by others. No equipment, cable or other apparatus shall be connected between the franchisee’s CATV system and the subscriber’s receiver except as furnished and installed by the franchisee.
(I) Requests for removal or change. The franchisee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than five days’ advance notice of any move contemplated to arrange for temporary wire changes.
(J) Construction standards; clearance aboveground. The franchisee’s distribution system in the public streets shall comply with all applicable laws, regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances aboveground required for telephone lines, cables, wires and conduits.
(K) Maintenance and alteration of the system after construction. The Board of Commissioners may require any part or all of the system to be improved or upgraded (including, without limitation, the increasing of channel capacity, the furnishing of improved converters, and the institution of two-way transmissions), if a reasonable need is found therefor after a public hearing has been called, for that purpose, and may order such improvement or upgrading of the system, to be affected by the franchisee within a reasonable time thereafter; provided that, no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement.
(Prior Code, § 114.13) (Ord. passed 11-12-1981) Penalty, see § 10.99
(A) Consumer complaint response. The franchisee shall maintain an office in the town or in the county and accessible to the town that is open during all business hours, has a publicly listed telephone number (without long-distance charge for town customers), and is so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The franchisee shall have a resident manager and engineer in the town (or in the county and accessible to the town) and shall have office, marketing, technical and studio staffs professionally trained in the cable communications industry.
(B) Interruption of service to subscribers. Whenever it is necessary to interrupt service to subscribers for the purpose of maintenance, alteration, or repair, the franchisee shall make every effort to do so at a time that will cause the least amount of subscriber inconvenience and, unless the interruption is unforeseen and immediately necessary, the franchisee shall give reasonable advance notice thereof to the affected subscribers.
(C) Service force required. The franchisee shall provide a service force seven days a week for all complaints and requests for adjustments. Such force shall be capable of responding to subscriber complaints within 24 hours of receipt of the complaint. Total loss of service attributable to the cable system shall be cleared within 24 hours, except to the extent that restoration of service is prevented by strikes, fires, injunction or other cause beyond the franchisee’s control.
(D) Complaint log. The franchisee shall keep an accurate log listing chronologically all complaints and trouble calls received from its subscribers. This log shall include appropriate identification of the subscriber and service affected, the time, date and nature of the report, the action taken to clear the trouble or satisfy the complaint, and the date and time of final disposition. This log shall be kept on file for five years and shall be available for inspection by the Mayor or his or her designate upon request at any time within this period. The franchisee shall submit to the town each month a summary of the number and types of complaints received.
(E) Complaints regarding service deficiencies. For recurrent complaints regarding service deficiencies other than total or partial loss of service, such as “ghosting”, weak audio signal, distortion, and the like, the Mayor may require the franchisee to investigate and report to him or her the causes and cures thereof, and the Mayor may also conduct his or her own investigation. Thereafter, the Mayor may order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is ineffective, or if within 30 days the franchisee files with the Board of Commissioners a notice of objection to the order, the Board of Commissioners may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the franchisee, take appropriate action pursuant to the terms of this chapter.
(F) Complaint review procedures. A franchisee shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaint. The town shall work closely with a franchisee and members of the public to establish procedures for handling and settling complaints. A franchisee shall present to the Board of Commissioners for its approval, no later than six months after the acceptance of the franchise, a set of rules, regulations and procedures reasonably designed for the prompt handling and settling of complaints.
(G) Sale and service of receivers prohibited. The franchisee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts of accessories, and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto. Further, the franchisee shall not require the removal nor offer to remove any existing antenna as a condition of providing cable service.
(H) Use of production equipment. A user of cablecast facilities may not be required to use the franchisee’s production equipment but must be allowed to use any other production equipment that is compatible with the franchisee’s facilities. The franchisee is encouraged to use standard quality equipment.
(I) Open books and records.
(1) The franchisee shall keep complete and accurate books of accounts and records of its business under and in connection with its franchise.
(2) All such books and records shall be maintained at the franchisee’s business office within the town or the county and accessible to the town.
(3) The town shall have access to all books and records at any time during reasonable business hours, and may examine officers and employees informally or under oath in respect thereto.
(4) Access shall also be given to the town, on request, to all supplementary or underlying financial and engineering records and reports.
(J) Current reports. The following reports must be filed with the Mayor at Town Clerk-Treasurer’s office when the specified event occurs:
(1) Any instrument of change in or transfer of an interest in the franchisee or its assets or franchise;
(2) Any change in or addition to the directors or officers of the franchisee;
(3) Any contract or transaction with an affiliated company, respecting the cable system, together with full particulars and a copy of any written agreement or a written summary of any verbal agreement; and
(4) Any changes in the franchisee’s rules and regulations governing the conduct of its business.
(K) Permits and authorizations. The franchisee shall diligently apply for all necessary permits, agreements, authorizations and contracts required in the conduct of its business and shall diligently pursue the acquisition thereof, including necessary pole attachment contracts and necessary authorizations from the Federal Aviation Administration to construct the receiving antenna towers as may be required and any necessary authorization or waivers from the FCC, and when any permit is obtained, a copy thereof shall be promptly filed by the franchisee with the Mayor at Town Clerk-Treasurer’s office.
(L) Filings and communications with regulatory agencies. Copies of all communications, including petitions, applications, pleadings and reports, as well as official correspondence sent to or received from the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise, shall also be submitted simultaneously to the Mayor at the Town Clerk-Treasurer’s office.
(M) Quarterly reports. The franchisee shall file with the Mayor at the Town Clerk-Treasurer’s office on a quarterly basis construction reports until the system is completed.
(N) Annual reports. If written request is made by the Mayor, the following reports shall be filed by the franchisee with the Mayor (at the Town Clerk-Treasurer’s office) annually, no later than February 1, except where otherwise provided:
(1) A summary of complaints received during the preceding calendar year showing nature of the complaint, area of the town, disposition and complaints subsequent to disposition;
(2) A total facilities report together with a current system map showing the location and total miles of plant and equipment installed and/or operating at the close of the preceding calendar year;
(3) A map of system;
(4) One copy of each type of agreement currently offered to subscribers and to users;
(5) (a) A complete set of current rules and regulations of the operator incorporating the latest amendments filed with the town; and
(b) In addition, the franchisee shall file a complete financial audit statement including a statement of income to be certified by a public accountant to be submitted no later than 90 days after the end of the preceding fiscal year of the franchisee and the reports on other topics as the Board of Commissioners may direct.
(6) A complete financial audit statement including a statement of income to be certified by a public accountant to be submitted no later than 90 days after the end of the preceding fiscal year of the franchisee.
(7) Reports on other topics as the Board of Commissioners may direct.
(O) General reports. A franchisee shall prepare and furnish to the town, at the times and in the form prescribed by the Mayor or Board of Commissioners, such reports with respect to its operation, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the functions of the town in connection with this chapter.
(Prior Code, § 114.14) (Ord. passed 11-12-1981)
(A) Right to inspect records. The town shall have the right to inspect all books and records and examine officers and employees as specified in § 114.14 of this chapter.
(B) Right to inspect construction. The town reserves the right, but shall not have the duty to inspect plans and construction of any facility to be used in connection with the cable system irrespective of its location.
(C) Right of intervention. The franchisee shall not oppose intervention by the town in any suit or proceeding to which the franchisee is a party.
(D) Right to require removal of property. The town reserves the right not inconsistent with any other provision of this chapter to require the franchisee to remove any of its property from publicly-owned property at the franchisee’s own expense.
(Prior Code, § 114.15) (Ord. passed 11-12-1981)
(A) Sale of subscriber lists prohibited. The franchisee shall be prohibited from using or allowing the use of subscriber lists for any purpose unconnected with the provision of service over the system.
(B) Monitoring. No monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion. Provided, however, the franchisee may provide for system-wide, non-individually addressed “sweeps”, or the franchisee’s acquisition of information for purposes of verifying system integrity, controlling return path transmissions, billing for pay services.
(C) Cable tapping. It shall be unlawful to tape or monitor a system line without authorization from the parties whose communication might be overheard. Provided, however, the franchisee may provide for system-wide, non-individually addressed “sweeps”, or the franchisee’s acquisition of information for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services.
(D) Discriminatory or preferential practices prohibited. The franchisee shall not, in its rates or charges, or in making available the services or facilities of its system, or in its rules or regulations, or in any other respect, make or grant preferences or advantages to any subscriber or potential subscriber to the system, or to any user or potential user of the system, and shall not subject any such persons to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscriptions to the system or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges, and classified rate schedules to which any customer coming within such classification shall be entitled.
(E) Open access. The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system and no one shall be arbitrarily excluded from its use. Allocation of use of the facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution to the Mayor, subject to appeal to the Board of Commissioners.
(F) Equal opportunity employment and affirmative action.
(1) In the carrying out of the construction, maintenance and operation of the CATV system, the franchisee shall not discriminate against any employee or applicant for employment because of race, creed, color, marital status, age, sex, HIV-positive status or national origin.
(2) The franchisee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
(3) The franchisee shall in all solicitations or advertisements for employees placed by or on behalf of the franchisee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, marital status, age, HIV-positive status or national origin.
(G) Individual right of appeal. Any affected individual, partnership or corporation shall have the right to appeal any provisions requirement or ruling of the Mayor to the Board of Commissioners.
(Prior Code, § 114.17) (Ord. passed 11-12-1981) Penalty, see § 10.99
(A) Compliance with laws. The franchisee agrees to comply fully with all local ordinances, state and federal laws, and with all rules issued by all regulatory agencies now or hereafter in existence.
(B) Severability. If any section, sentence, clause or phrase of the chapter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect, the validity of the remainder of this chapter, and any portions in conflict are hereby repealed. Provided, however, that in the event that the FCC declares any section invalid, then such section or sections will be renegotiated by the town and the franchisee.
(C) Captions. The captions to sections are inserted solely for information and shall not affect the meaning or interpretation of this chapter.
(D) No recourse against the town. The franchisee shall have no recourse whatsoever against the town or its officers, boards, commissions, agents, or employees for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or because of its enforcement.
(E) Non-enforcement. The franchisee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the town to enforce prompt compliance.
(Prior Code, § 114.18) (Ord. passed 11-12-1981)
(A) Regulation. The Board of Commissioners reserves the option to designate a regulatory commission to promote and develop access to the CATV system. Membership, term and functions of that commission shall be established by resolution when the Board of Commissioners chooses to exercise the option. In the absence of a regulatory commission, the Board of Commissioners requires the Mayor’s performance of the following functions:
(1) Advise the Board of Commissioners on application for franchises, unless the Board of Commissioners shall otherwise provide for the handling of this function;
(2) Advise the Board of Commissioners on matters which might constitute grounds for revocation of the franchise in accordance with this chapter;
(3) Resolve disagreements among the franchisees, subscribers and public and private users of the system; such decisions of the Mayor shall be appealable to the Board of Commissioners;
(4) Advise the Board of Commissioners on the regulation of rates in accordance with this chapter. The advisory function shall be in the form of a written report to the Board of Commissioners, which shall include recommendations to the Board of Commissioners and the facts upon which the recommendations are based;
(5) Coordinate the franchisee and town activities for the best use of public facilities and channels of the system;
(6) Advise the Board of Commissioners regarding general policy relating to the services provided to subscribers and the operation and use of public channels, with a view to maximizing the diversity of programs and services to subscribers. The use of public channels shall be allocated on a first come, first served basis, subject to limitations on monopolization of system time or prime time;
(7) Require an audit of all franchisee records required by this chapter and, in his or her discretion, require the preparation and filing of information additional to that required herein;
(8) Make an annual report to the Board of Commissioners, including: an account of franchise fees received and distributed, the total number of hours of utilization of public channels, and hourly subtotals for various programming categories, and a review of any plans submitted during the year by franchisee(s) for development of new services;
(9) Conduct evaluations of the system at least every five years with the franchisee, and pursuant thereto, make recommendations to the Board of Commissioners for amendments to this chapter of the franchise agreement; and
(10) The town reserves the right to amend this chapter from time to time as it shall deem to be in the public interest.
(B) Miscellaneous; Town Manager. In the event, the Town Board shall employ a Town Manager, the Town Manager shall, unless otherwise provided by Board resolution, assume and discharge the duties of the Mayor as provided in this chapter and to that end upon the employment of a Town Manager by the Board of Commissioners, the word “Mayor” herein shall be construed to mean the “Town Manager” as the chief administrative officer of the town, as defined in § 114.03(F) of this chapter.
(Prior Code, § 114.19) (Ord. passed 11-12-1981)
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