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(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)
(A) The city and each cable operator shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents and all other correspondence. All notices shall be delivered to each party’s contact person by certified mail, return receipt requested, personal service with signed receipt of delivery, or overnight express with receipt verification.
(B) All other filings, reports, records, documents and other correspondence may be delivered by any permissible means including, but not limited to: Facsimile transmission (faxing); personal service; overnight mail or package delivery; or, upon agreement of the parties, email. The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by state law). The designation of the contact person for notice purposes may be contained within any franchise agreement. The cable operator shall pay the costs associated with the publication of any notice required herein or otherwise mandated by law.
(Prior Code, § 110.064) (Ord. 13-08, passed 6-3-2013)
(A) General. To the extent permitted by law, each cable operator shall defend, indemnify and hold harmless the city, its officials, authorized agents and employees from any and all penalty, damage or loss arising out of claims, suits, demands, causes of action or award of damages which might be claimed now or in the future, which arise out of, or are caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the operator’s cable system within the city except that this indemnity shall not apply to claims to the extent they result from the city’s negligence or wrongdoing. Reasonable attorney fees, consultant fees, expert witness fees and other expenses of litigation are included as those costs which may be recovered by the city.
(1) If a cable operator obtains counsel for the city, its officials, agents and employees, then the cable operator shall consult with the city on the selection of counsel.
(2) The city, its officials, agents and employees shall have the right to retain counsel of their own at their own expense.
(3) With respect to a cable operator’s own defense of any of the actions noted in this section, it is understood that the cable operator reserves the right to retain its own counsel at its own expense without the city’s approval.
(B) Nonliability of city.
(1) The city shall not and does not by reason of this subchapter or the granting of a certificate of franchise assume any liability of the cable operator whatsoever for injury or loss to persons or property.
(2) (a) The cable operator shall pay and by its acceptance of the certificate of franchise specifically agrees it will pay all damages, losses and penalties which the city may legally be required to pay as a result of granting a franchise certificate to the cable operator.
(b) Those damages, losses or penalties shall include, but shall not be limited to damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the cable system authorized herein, and all other broadcasting or other transmission hereover or therethrough, except for public, educational and governmental access programming, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
(3) In any court proceeding involving any claim against the city or any official, member, employee or agent of the city, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer or amendment of a franchise, any relief, to the extent such relief is required by any other provision of federal, state or local law, shall be limited to injunctive relief and declaratory relief.
(4) The cable operator acknowledges by the acceptance of a franchise agreement that it has carefully read the provisions, terms and conditions hereof and is willing to, and does accept, all of the risk attendant to said provisions, terms and conditions hereof.
(Prior Code, § 110.065) (Ord. 13-08, passed 6-3-2013)
A cable operator shall secure and maintain, for as long as it provides cable service to subscribers, public liability insurance, property damage insurance, products, services, completed operations and independent contractors’ insurance with umbrella coverage as follows.
(A) The coverage shall be in at least the following amounts:
(1) Public liability: $2,000,000 per person/per occurrence;
(2) Property damage: $2,000,000 per any one claim; or
(3) Umbrella liability: $2,000,000 with up to a $50,000 deductible and/or base insurance.
(B) A cable operator’s public and personal liability and property damage insurance policy shall specifically include the city and its officials, agents, employees and representatives as additional insureds.
(C) The public and personal liability and property damage insurance policy shall be issued by an insurance company licensed to do business in the state for the type of policy being issued. The certificate shall include the city as additionally insured.
(D) The public and property damage insurance policy shall contain an endorsement obligating the insurance company to furnish the city with at least 30 days’ written notice in advance of the cancellation of the insurance.
(E) Renewal or replacement policies or certificates of insurance shall be delivered to the city prior to the expiration of then existing insurance.
(F) Before a cable operator initially provides cable service to subscribers, the cable operation shall deliver the policies or certificates of insurance to the city.
(G) If the state permits a cable operator to self-insure, then the cable operator may exercise its right and self-insure as long as the minimal insurance amounts outlined in this section are met and maintained.
(Prior Code, § 110.066) (Ord. 13-08, passed 6-3-2013)
A cable operator shall comply with the following bonding requirements.
(A) (1) A construction/completion bond shall be furnished prior to the time that a cable operator commences a system-wide construction, upgrade or rebuild project that has a capital construction cost or outlay exceeding $250,000 in value where the construction takes place in one or more easements or in the public way. Such bond shall guarantee that the surety will make whole (to the extent of the bond) any monetary losses incurred by the city due to such construction.
(2) The amount of the bond shall equal at least 90% of the projected capital construction cost or outlay but shall not exceed $250,000. The construction/completion bond shall remain in force at all times until one year after completion of construction as determined by the Chief Building and Code Official, unless relief is granted or a reduction schedule is detailed in an agreement between the city and the cable operator.
(B) If the city draws on a bond as a result of a cable operator’s failure to indemnify the city from any monetary losses resulting from the construction, the cable operator shall replenish the bond within 30 days to the level required in this section.
(Prior Code, § 110.067) (Ord. 13-08, passed 6-3-2013)
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