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ARTICLE I. IN GENERAL
For the purpose of this Chapter, the words and phrases shall have the following meanings:
CABLE ACT. The Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §§ 521 et seq., and as that act may be amended from time to time after the effective date of this ordinance.
CABLE SERVICE. Any service that is a CABLE SERVICE as that term is defined in the Cable Act.
CABLE SYSTEM. Any facility or system that is a CABLE SYSTEM as that term is defined in the Cable Act. In addition, an open video system, as defined in 47 U.S.C. § 573, is also a CABLE SYSTEM within the meaning of this chapter to the maximum extent permitted by law.
FRANCHISE AGREEMENT. The nonexclusive agreement between the City and a franchisee containing terms and conditions under which the system shall be operated. The FRANCHISE AGREEMENT may contain the terms allowed by law and must contain those clauses required by law.
FRANCHISEE. Any person or entity granted a franchise pursuant to this Chapter and its lawful and approved successor, transferee or assignee.
GROSS REVENUES. All revenues derived from the operation of a cable system to provide cable services, determined in accordance with generally accepted accounting principles. This definition shall be construed as broadly as permitted by the Cable Act or any other applicable law.
SUBSCRIBER. Any person who lawfully receives a service provided by a franchisee’s cable system, and does not further distribute the service(s).
SUBSCRIBER SERVICE DROP. Each extension wiring from the franchisee’s distribution lines to a subscriber’s building.
TELECOMMUNICATIONS ADVISORY COMMISSION. The research, review and recommendation agency established by this Chapter and is also referred to as the “Commission.”
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Statutory reference:
Cable communications; purposes, see 47 U.S.C. §§ 521 et seq.
Establishment of open video systems, see 47 U.S.C. § 573
(a) The right is reserved to the City or the City Council to adopt, in addition to the provisions contained in this Chapter and in existing or applicable ordinances, such additional regulations or ordinances as it shall find necessary in the exercise of the police power. Such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with applicable law.
(b) The City shall have the right to install and maintain free of charge upon the poles or conduits of the franchisee, any wire and pole fixtures necessary for a police or fire alarm system, on the condition that such wire and pole fixtures do not interfere with the cable system operations of the franchisee and that such installations shall be installed in a safe manner in conformance with the State and City regulations.
(c) The City shall have the right to supervise all construction or installations work performed subject to the provisions of this Chapter and make such inspections as it shall find necessary to insure compliance with the terms of this Chapter and all other pertinent provisions of law.
(d) At the expiration of the term of any franchise granted pursuant to this Chapter, and the non-renewal thereof in accordance with applicable law, and upon the termination or revocation of a franchise as provided for in this Chapter, the City shall have the right to require the franchisee to remove at the franchisee’s own expense all portions of the cable system from all public rights-of-way within the City.
(e) The City shall have the right unless otherwise provided in this Chapter or in a franchise agreement to assess and collect a $100.00 a day fine and penalty against the franchisee for its failure to comply with any of the provisions of this Chapter and/or the franchise agreement.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Copies of all petitions, applications and communications submitted by the franchisee to the Federal Communications Commission, Securities and Exchange Commission and any other Federal or State regulatory or other agency having jurisdiction in respect to any matters affecting cable system operations authorized by this Chapter, shall be also submitted simultaneously to the City Clerk.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
(a) The franchisee shall obtain at its own expense and maintain throughout the terms of its franchise, liability insurance for its own protection and with the City of Flint included as an additional named insured, insurance coverage for all damages for which the City and/or franchisee may be liable, including, but not limited to, all damages arising out of the installations, operation, maintenance or removal of the franchisee’s cable system operated under this Chapter, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Chapter or the franchise agreement.
(b) The liability insurance shall be in the following amounts:
(1) $1,000,000.00 for bodily injury or death from any one incident.
(2) $1,000,000.00 for property damage resulting from one incident.
(3) $1,000,000.00 for all other types of liability, including contractual liability.
(c) The insurance policy obtained by the franchisee in compliance with this section must be approved by the Risk Manager and the Chief Legal Officer for the City of Flint and such insurance policy or binder together with written evidence of payment of required premiums, shall be filed with the City Clerk. Such insurance policy must contain a clause which requires the insurance company to provide written notice to the City Clerk at least 30 days before cancellation or material change in the terms of the policy.
(d) The franchisee shall indemnify and hold harmless the City from all damages for which the City may become liable arising out of the installation, operation, maintenance, or removal of franchisee’s cable system, including, but not limited to, copyright infringement.
(Ord. 2428, passed 2-18-1974; Ord. 2516, passed 10-6-1975; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
A franchisee shall comply with all rules and regulations, both present and future, of the Federal Communications Commission with respect to cable systems.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
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