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DIVISION 3: REGULATION OF THE FRANCHISE
(A) The city may exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the Council and administered through the City Manager or his designee in order to provide day to day administration of this chapter and any franchise granted hereunder.
(B) Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all applicable laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the city under this chapter or the franchise, or if in compliance with any local, state or federal law or regulation, the grantee finds conflict with the terms of this chapter, the franchise, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city shall have the right to modify any provisions of this chapter to such reasonable extent as may be necessary to carry out the intent and purpose of this chapter.
(C) The city reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchisee and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the city, the city may, without the approval of the grantee, legislate any such additional regulation as may then be permissible, whether or not contemplated by this chapter.
(Ord. passed 2-16-93)
(A) The city shall have the following regulatory responsibility:
(1) Administration and enforcement of the provisions of this chapter and any franchise granted hereunder:
(2) Award renewal, extension or termination of a franchise pursuant to the provisions of this chapter, the franchise, and other applicable law;
(3) Consent prior to sale or transfer of any franchise granted hereunder;
(4) Performance evaluations pursuant to this chapter and the franchise.
(B) The city also reserves the right to perform the following functions:
(1) Develop objectives and coordinate activities related to the operation of government channels;
(2) Provide technical, programming and operational support to public agency users such as city departments, schools and public health care institutions;
(3) Analyze the possibility of integrating cable communications with other city, state or regional telecommunications networks;
(4) Formulate and recommend long range telecommunications policy for the city and provide for the determination of future cable related needs and interests of the community;
(5) Provide the administrative effort necessary for the conduct of performance evaluations pursuant to this chapter and the franchise, and any other activities required for the administration of the franchise;
(6) Monitor the grantee’s process for handling citizen complaints and periodically inspect and analyze the records related to such complaints;
(7) Monitor the grantee’s adherence to operational procedure and line extension policies;
(8) Assure compliance with applicable laws and ordinances;
(9) Arrange tests and analyses of equipment and performance, pursuant to this chapter and the franchise, to ensure compliance with this chapter and the franchise;
(10) Provide for reasonable continuity in service;
(11) Receive for examination all data and reports required by this chapter.
(Ord. passed 2-16-93)
(A) Special evaluation sessions may be held at any time during the term of the franchise at the request of the city. All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with public notice, as provided in § 14-83. The grantee shall notify subscribers of all such evaluation sessions by announcement on the designated local origination channel on the system at such various times and frequencies so as to ensure comprehension between the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
(C) Topics which may be discussed at any scheduled or special evaluation session may include, but not limited to, system performance, grantee compliance with this chapter and the franchise, customer service and complaint response, subscriber privacy, franchise fees, penalties, applications of new technologies, judicial and FCC filings, and line extensions. During the review and evaluation by the city, the grantee shall cooperate with the city and shall provide such information and documents as the city may need to reasonably perform its review.
(Ord. passed 2-16-93)
DIVISION 4: BONDS, INSURANCE, INDEMNIFICATION
(A) Performance bond. No later than 45 days after the effective date of the franchise, the grantee shall obtain and maintain during the entire term of the franchise and any extensions and renewals thereof, at its cost and expense, and file with the city a corporate surety bond or letter of credit, in an amount specified in the franchise agreement, to guarantee the faithful performance of the grantee of all its obligations provided under this chapter and the franchise. Failure to timely obtain, file and maintain said bond shall constitute a substantial violation of this chapter.
(B) Conditions. The performance bond shall provide the following conditions:
(1) There shall be recoverable by the city, jointly and severally from the principal and surety, and all fines and penalties due to the city and any and all damages, losses, costs and expenses suffered or incurred by the city resulting from the failure of the grantee to: faithfully comply with the provisions of this chapter and the franchise; comply with all applicable orders, permits and directives of any city agency or body having jurisdiction over its acts or defaults; pay any claims, liens or taxes due the city which arise by reason of the construction, operation, maintenance or repair of the cable system.
(2) The total amount of the bond shall be forfeited in favor of the city in the event:
(a) The grantee abandons the cable system at any time during the term of the franchise or any extension thereto;
(b) The grantee assigns the franchise without the express written consent of the city not including affiliate transfers as defined in this chapter.
(c) Upon written application by the grantee, the city may, at its sole option, permit the amount of the bond to be reduced or waive the requirements for a performance bond subject to the conditions set forth below. Reductions granted or denied upon application by the grantee shall be without prejudice to the grantee’s subsequent applications or to the city’s right to require the full bond at any time thereafter. However, no application shall be made by the grantee within 90 days of any prior application.
(d) Prior to drawing upon the performance bond for the purposes described in this section the city shall notify the grantee in writing that payment is due, and the grantee shall have ten days from the receipt of such written notice to make a full and complete payment of undisputed amounts. If the grantee does not make the payment within ten days, the city may withdraw the amount thereof from the performance bond.
(e) Within three days of a withdrawal from the performance bond, the city shall send to the grantee, by certified mail, return receipt requested, written notification of the amount, data and purpose of such withdrawal.
(f) No later than 30 days after receipt by the grantee of certified mail notification of a withdrawal pursuant to paragraph (e) above, the grantee shall replenish the performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the performance bond shall constitute a substantial violation of this chapter.
(g) Nonrenewal, alteration or cancellation of performance bond. The performance bond required herein shall be in a form satisfactory to the city and shall require 30 days written notice of any nonrenewal, alteration or cancellation to both the city and the grantee. The grantee shall in the event of any such cancellation notice, obtain, pay all premium for, and file with the city, written evidence of the issuance of a replacement bond within 30 days following receipt by the city or the grantee of any notice of cancellation.
(Ord. passed 2-16-93)
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