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A cable operator shall furnish, upon request, one standard installation of no more than 250 feet and one outlet for each public K-12 school, any state-accredited private or parochial school within the service area, municipal office building, public library, fire station, police station or courthouse which is passed by the operator’s cable system. Basic cable service and the next additional service tier shall be provided at no charge. An initial connection will be made at no charge with additional connections to be made for the cost of time and materials only.
(Prior Code, § 110.095) (Ord. 13-08, passed 6-3-2013)
(A) Any cable operator providing cable service within the city shall activate and maintain a cable system with a channel capacity of at least 77 channels.
(B) All programming and broadcast services which may be received with stereo signals shall be provided to all subscribers with the stereo signal.
(C) A cable operator shall comply with any rules and regulations of the FCC concerning technical operation, signal quality and consumer electronics equipment compatibility. In addition, the city may at any time amend this subchapter to incorporate any and all standards concerning these matters adopted by the FCC.
(D) A cable operator shall perform any and all essential maintenance and service to properly ensure the operational standards necessary for proper transmission of related programming. If the system, or any part thereof, is inoperative for ten consecutive days or for 30 days out of any consecutive 12-month period, then such event(s) shall be deemed a default subject to the terms of § 115.42 of this code.
(E) If necessary, cable operator will provide state of the art equipment (as defined in § 115.02 of this code), for reduction and elimination of co-channel interference on local television broadcast signals.
(Prior Code, § 110.096) (Ord. 13-08, passed 6-3-2013)
(A) When the franchised operator violates an integral provision of this subchapter, then the franchised operator shall be considered in default of this subchapter.
(1) Examples of a default shall include, but are not limited to: Bankruptcy; insolvency; failure to pay taxes or franchise fees; failure to receive written city approval for an assignment; fraud or deceit; or failure to substantially abide by the integral terms and conditions of the franchise agreement or this subchapter. Events in the nature of force majeure or conditions which cannot be corrected because they are matters beyond the immediate control of the affected cable operator shall not be considered a default. Other examples of a default specifically include material breach, whether by act or omission, of any terms or conditions of this subchapter, material misrepresentation of facts presented in the submission of information required by the franchise agreement or this subchapter, material misrepresentation of fact in the application for or negotiation of the franchise or failure to provide subscribers or users with service as required by the franchise.
(2) In the event that a default occurs, the city shall notify the affected cable operator in writing of the specific violation(s).
(3) The cable operator shall have 45 days from the receipt of the written notice or such longer time as may be necessary in the circumstance to bring itself into compliance so that it is no longer in default of its franchise or this subchapter, as the case may be.
(4) If the cable operator fails to cure its default within the time period provided for above, the matter shall be set for public hearing before the Council to be held no sooner than 45 days after the notice of default was mailed to the cable operator. Written notice of the time and place of the public hearing shall be sent by certified mail to the cable operator and the surety at least ten days prior to the date of the hearing.
(5) At the time of the hearing, the cable operator may present information on the current status of the alleged default in the franchise agreement. If the cable operator fails to attend the hearing where a continuance of the hearing has not been granted by the Council, then the franchised operator may be declared in default of the franchise agreement.
(6) If the default has not been resolved at the time of or as a result of the hearing, the Council may, after the public hearing, direct the cable operator to take corrective action within a specified period of time, or may declare the cable operator in default of the franchise agreement, and revoke or terminate the franchise. The Council’s action shall be mailed to the cable operator within 15 days of the Council’s action.
(7) If the Council directs corrective action to be taken and the cable operator does not rectify the default within the time specified, then the Council may, without further notice, declare the cable operator to be in default and revoke or terminate the franchise.
(8) Upon expiration without rights of renewal or cancellation of the franchise for cause, the city shall have the express right to require the cable operator to remove, at its expense, all portions of the cable television or telecommunications system from all public ways in the city.
(B) Upon cancellation of the franchise for cause, the city shall have the right to purchase the system for a price equal to its fair market value. The fair market value shall be determined in accordance with applicable law and generally accepted cable television appraisal and accounting principles. The original cost of all tangible and intangible property, as well as salvage value, and the book value, the replacement cost, cash flow and other factors may be considered. However, under no circumstances shall any valuation be made for any right or privilege granted pursuant to this franchise. If the city elects to purchase the system, the cable operator shall promptly execute any and all documents necessary to transfer title to the city and shall assign all of the contracts, leases, licenses, permits and any other rights necessary to maintain continuity of service to the public. The cable operator shall cooperate with the city, or such agency or person authorized or directed by the city to operate the system for a temporary period, in maintaining continuity of service. Nothing herein is intended as a waiver of any rights the city may have.
(Prior Code, § 110.097) (Ord. 13-08, passed 6-3-2013)
In addition to any requirement contained within this subchapter, all cable operators shall be expected to comply with all applicable provisions of the 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 legislation directed at controlling or regulating cable operators, and any rules and regulations issued pursuant to this legislation. In addition, any franchise issued pursuant to this subchapter shall be subject to amendment to incorporate any federal legislation, rules or regulations which become effective after the date of the franchise. Franchises may be amended only by written agreement of the city and the cable operator.
(Prior Code, § 110.098) (Ord. 13-08, passed 6-3-2013)
ADMINISTRATION AND ENFORCEMENT
(A) Delegation of powers and authority. Unless prohibited by federal or state law, the Council may delegate its delegable powers and authorities, with respect to a cable operator, to one or more duly authorized representatives of the city, including the Mayor, the City Administrator or a Cable Advisory Board. Provided, the Council may never delegate its franchising or revocation power to another person. A cable operator may appeal to the Council any decision made pursuant to such a delegation.
(B) Retained rights and authorities. Subject to federal or state law, the city retains the authority for:
(1) The regulation and control of any cable system within the geographical limits of the city, and within the limits prescribed by applicable law;
(2) The award and grant of a cable franchise subsequent to review of an application or proposal by the Council;
(3) The amendment of a franchise by mutual agreement of the Council and the holder of the franchise;
(4) The regulation of rates and charges associated with the providing of cable service by a cable operator; and
(5) The enforcement of all laws and regulations relating to cable customer service practices and consumer protection.
(C) No waiver of immunities. Notwithstanding the above, nothing in this subchapter shall be read to constitute or to require a waiver of any rights of the city under the doctrine of sovereign immunity, provided, such exercise shall not impair the rights and privileges of any cable operator under a franchise then in force.
(Prior Code, § 110.062) (Ord. 13-08, passed 6-3-2013)
(A) Compliance. Unless exempted entirely or in part from this subchapter or any of its provisions, this subchapter shall be applicable to all cable operators. A cable operator shall be expected to comply with this subchapter no later than six months after it becomes effective unless a different compliance date is given to the cable operator.
(B) Standards. The cable operator shall maintain service in accordance with good and workmanlike standards, so as to provide subscribers with the highest possible level of quality and reliability.
(C) Noncompliance not excused for failure to enforce. A cable operator shall not be excused from complying with any of the requirements of this subchapter by any failure of the city on any one or more occasions to seek, or insist upon compliance with this subchapter.
(D) Compliance with law. Any cable operator, its assignee or transferee shall be subject to, and expected to comply with:
(1) All ordinances in effect within the city, including this subchapter, to the extent that the cable operator has not received exemption or relief;
(2) All federal and state laws, and all rules and regulations issued by all applicable regulatory agencies; and
(3) All lawful exercise of the city’s police power not inconsistent with the terms of its franchise.
(E) Inconsistencies with federal or state law. If any provision or section of this subchapter is inconsistent with any provision or section of a federal or state rule, regulation or law, then the federal or state rule, regulation or law shall control.
(Prior Code, § 110.063) (Ord. 13-08, passed 6-3-2013)
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