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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. Any person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, a franchised operator.
APPLICANT. A person or entity submitting an application or proposal to the city for a franchise to operate a cable system under the terms and conditions of this chapter and any applicable state or federal regulations.
AUXILIARY EQUIPMENT. Equipment supplied by a cable operator which enhances or assists in the reception or provision of cable service.
BASIC CABLE SERVICE or BASIC SERVICE. Any service tier which includes the retransmission of local television broadcast signals and any EG channels required to be carried pursuant to applicable franchise.
CABLE COMMUNICATIONS ACT or CABLE ACT. Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., the Cable Television Consumer Protection and Competition Act of 1992, being Pub. L. 102-385, the Telecommunications Act of 1996, being Pub. L. 104-104, and all later federal legislation regulating cable television operators.
CABLE OPERATOR or OPERATOR. Any person or entity which:
(1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection or use of the video programming service or other programming service.
(1) This shall include all forms of cable service whether provided by a cable operator or not.
(2) This definition shall not be construed to prohibit any other lawful service that may be provided by a cable operator.
CABLE SYSTEM or CABLE TELEVISION SYSTEM. A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video, voice and data programming and which is provided to multiple subscribers within the city. Provided, this shall not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that does not use any public way or public right-of-way; or
(3) Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL or CABLE CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as defined by the FCC).
CITY. The City of Columbus, Nebraska.
CITY ADMINISTRATOR. The City Administrator.
COMMUNITY. The geographic area within the municipal limits of the city, including those annexations approved by the city.
CONVERTER. Any device, separate and apart from the subscriber’s receiver, that will permit a subscriber to view or otherwise use signals delivered at designated dial locations or other reception and use allocations as may be applicable and required for the practical use of the signal.
COUNCIL. The City Council.
CUSTOMER. A subscriber.
DISASTER EMERGENCY or DISASTER or EMERGENCY. An imminent, impending or actual natural or humanly induced situation where the health, safety or welfare of all, or a portion of the residents of the city is threatened. A DISASTER EMERGENCY (by illustration) may include a snowstorm, flood, tornado, severe thunderstorm, hazardous waste infiltration, explosion or aircraft crash.
DROP. A small branch of cable which connects the customer’s television to the feeder cable or future technical equivalent on the street, easement, rights-of-way or public way.
EASEMENT. Includes any public easement or other compatible use created by dedication or by other means, for public utility or other purposes including cable television. EASEMENT shall include a private easement used for the provision of cable service.
EG CHANNEL. A channel on a cable system made available for noncommercial educational or governmental programming.
ENTITY. Partnership, joint venture, corporation or limited liability company.
FCC. The Federal Communications Commission.
FIBER CABLE or FIBER OPTIC CABLE. Very thin and pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies.
FRANCHISE. The initial authorization, amendment or renewal granted by the city which authorizes the construction and operation of a cable system.
FRANCHISE AGREEMENT. A separate agreement by which a franchise is granted to a franchised operator, as required by this chapter.
FRANCHISING AUTHORITY. The city.
FRANCHISE EXPIRATION. The date of expiration, or the end of the term of a franchise, as provided under a franchise agreement.
FRANCHISE FEE. A fee or charge that the city requires as payment for the privilege of using the streets, rights-of-way, public ways and easements of the city in order to construct, maintain and operate a franchised cable system.
FRANCHISED OPERATOR. A person or entity that is awarded a franchise by the city to construct and operate a cable system within the city.
GROSS REVENUE.
(1) All revenues as determined in accordance with generally accepted accounting principles (GAAP) derived from the operation of the cable system to provide cable service.
(2) GROSS REVENUE does not mean any taxes imposed and/or assessed by law on subscribers, including state and local sales taxes, which a cable operator is obligated to collect and pay in full to the applicable authorities.
LATE CHARGE. A charge which is added to a subscriber’s account or bill for non-payment of a previously due amount account.
MAYOR. The Mayor of the City of Columbus.
OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally.
PAY-PER-VIEW or PREMIUM CHANNEL. The delivery over the cable system of programming provided only to those subscribers paying a separate fee or charge.
PUBLIC WAY. Any public street, public place or right-of-way now or later dedicated to the public use within the area served by a cable operator.
RATE. The monthly, bi-monthly, quarterly, semi-annual, annual or other periodic price paid by a subscriber in order to receive cable service.
REPORTING QUARTER. A cable operator’s fiscal quarter as reported to the city. If a cable operator does not report to or notify the city concerning the dates of its fiscal quarters, then the REPORTING QUARTERS for a cable operator shall be considered to be the periods ending on the last day of March, June, September and December of each calendar year.
REVOCATION, TERMINATION or NON-RENEWAL. An official act by the city which lawfully removes, repeals or rescinds a previously approved authorization for a franchised operator to provide cable service.
SERVICE TIER. A multi-channel category of cable service or other services provided by a cable operator, and for which a separate rate is charged by the cable operator.
STATE. The State of Nebraska.
SUBSCRIBER. Any person, firm, corporation or entity lawfully receiving cable service delivered by the cable operator.
USER. A person or organization utilizing a cable system and/or its equipment for purposes of production and/or transmission.
VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(Prior Code, § 110.061) (Ord. 13-08, passed 6-3-2013)
Cable operators will provide, upon written request by any subscriber, a parental control mechanism that will allow subscribers the ability to restrict the utilization of multiple channel or cable service that is deemed inappropriate for related viewing. This device will be provided at a reasonable charge to the subscriber. Additional materials may also be provided by the cable operator and are subject to related transactional charges.
(Prior Code, § 110.072) (Ord. 13-08, passed 6-3-2013)
Whenever a cable operator disturbs the yard, residence or other real or personal property of a subscriber, the cable operator shall ensure that the subscriber’s property is returned, replaced and/or restored to a substantially similar condition as that in existence prior to the disturbance by the cable operator. The costs associated with both the disturbance and the return, replacement and/or restoration shall be borne by the cable operator. The requirements imposed upon the cable operator extend to any subcontractor or independent contractor employed by the cable operator. Nothing contained here prevents the cable operator from charging the customer to relocate cable wiring or above ground devices at the customer’s request.
(Prior Code, § 110.073) (Ord. 13-08, passed 6-3-2013)
The cable operator shall expeditiously carry out all of its operations during the course of any construction, operation or maintenance operations of public or private property. The cable operator shall protect or support public or private property to prevent damage caused by construction, installation, maintenance or operation of its cable system. If the cable operator fails to protect such property, the city may do so, and the operator shall directly compensate the city for all reasonable expenses incurred thereby. In the event that it has damaged property, the cable operator, without undue delay, and at its own expense, shall restore, repair or replace public or private property to as good condition as existing prior to the disturbance, or compensate property owners for damage caused by related actions. Restoration, repair or replacement of public ways shall be completed within at least ten business days, and restoration, repair or replacement of private property, with the exception of franchisee’s private property not used in the construction, operation or maintenance of the cable system, shall be completed within at least 30 calendar days, except in those cases where the restoration, by its nature, cannot be completed in that period even with the exercise of due diligence and the city has authorized an extension of the restoration period. The cable operator shall take all proper steps to ensure that any resurfacing or reconstruction of public ways rests upon a property filled and tamped foundation. The city may elect to repair or replace public property so damaged, such as sewage lines and request reimbursement for the reasonable expenses associated with the repair or replacement. Subject to the foregoing, the cable operator may trim trees and other vegetation from public ways, at its own expense and subject, at the city’s option, to the city’s supervision. The cable operator shall notify any person whose property is damaged by its actions or operations within 24 hours of the time the damage is discovered. At a minimum, this section requires the cable operator to place a prominent notice in a prominent place on the damaged property or make other diligent efforts to directly contact the property owner or resident.
(Prior Code, § 110.074) (Ord. 13-08, passed 6-3-2013)
(A) Technical codes. Methods of operation, construction, installation, maintenance, repair, replacement, removal or restoration of any cable system or part thereof shall comply with the then most current editions of technical codes adopted by the city, the state or the United States, which are customary to the cable television industry. The codes referred to specifically include but are not limited to the National Electrical Safety Code, the National Electric Code and all locally adopted construction, fire, safety and zoning codes. To the extent that these are inconsistent with other provisions of a franchise, or state, or local law, then the more stringent shall govern in order to protect the public health, safety and welfare.
(B) City approval of construction plans. The cable operator shall obtain all applicable permits.
(C) Requirements to use existing poles. Where utility poles already exist for use in serving the city and are available for utilization but the cable operator does not make arrangements for such use, the city may require the cable operator to utilize such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the cable operator are just and reasonable.
(D) Use of streets and public ways. All wires, conduits, cable coaxial, fiber or functional equivalent and other property and facilities of a cable operator shall be located, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the city streets, rights-of-way, easements and public ways.
(1) If a cable operator’s system creates a hazardous or unsafe condition or an unreasonable interference with property, then the cable operator shall, at its own expense, voluntarily, or upon request of the city, remove or move, as appropriate, the part of the system that creates the hazardous condition.
(2) A cable operator shall not place equipment where it will unreasonably interfere with the rights of property owners or with other public utility services or any other service facility that benefits the city or its residents’ health, safety or welfare.
(3) A cable operator shall, at its expense, protect rights-of-way, easements and support or temporarily disconnect or relocate in the same street or other public way, any property of the cable operator when necessitated by reason of: Traffic conditions; public safety; street closing; street construction or resurfacing; change or establishment of a street grade; installations of other city utility services; or any improvement, construction or repair related to health, safety or welfare.
(4) A cable operator shall, at the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it. The cable operator may require payment in advance. The affected cable operator shall be given not less than 15 days’ notice of a contemplated move to arrange for temporary wire changes.
(5) The city shall have the right to make additional use, for any municipal public purpose, of any poles or conduits owned by the cable operator in any street or right of way, provided the use by the city does not unreasonably interfere with the cable operator’s use. The rent paid by the city for its attachments to the cable company’s poles will be subject to the same rental payment as the cable operator is required to pay to the city for its poles, on a per pole basis. The city agrees to indemnify, defend and hold harmless the cable operator from any claims resulting from its related installation and usage.
(6) The cable operator’s system shall be designed, engineered and maintained so as not to interfere with the telecommunications reception of residents of the city who are not system subscribers.
(7) In those areas of the city where transmission or distribution of both telephone and power companies are underground or are later placed underground, a cable operator’s feeder and drop cables shall also be placed underground.
(Prior Code, § 110.075) (Ord. 13-08, passed 6-3-2013)
(A) The cable operator shall at all times keep at an office locally maintained by the franchisee full and complete plans and records showing the exact location of all broadband cable television system equipment installed or in use in the streets or public easements in the city.
(B) Upon seven days’ notice, the cable operator shall furnish the city complete maps upon request, compatible with widely available geographic information systems, showing the location of the cable television system equipment installed and in place in streets and in other public property locations throughout the city. Such maps shall be annually updated.
(Prior Code, § 110.076) (Ord. 13-08, passed 6-3-2013)
The city shall maintain as confidential any information provided to it by a cable operator under the terms of the franchise which a cable operator has designated as confidential. In the event that city believes at any time that it is required by law to disclose such information to a third party, city will so notify a cable operator at a time prior to any such disclosure that affords a cable operator a reasonable opportunity to take such action as it deems necessary to prevent such disclosure, including seeking relief in court.
(Prior Code, § 110.077) (Ord. 13-08, passed 6-3-2013)
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