Section
120.01 Construction
120.02 Scope
120.03 Definitions
120.04 Failure of city to enforce regulations
120.05 Repeal of inconsistent resolutions and ordinances
120.06 Resolution of inconsistencies with federal or state rules, regulations or laws
120.07 Notices
120.08 Indemnity
120.09 Liability insurance
120.10 Furnishing of reports
120.11 Books and records
120.12 Notification of customer's and operator's rights and responsibilities; general policy
120.13 Notification of customer's and operator's rights and responsibilities; minimum contents
120.14 Billing practices
120.15 Billing credit or refunds for service outages, interruptions; substandard signal or picture quality or unsolicited service
120.16 Customer service performance
120.17 Preferential or discriminatory practices prohibited
120.18 Use of equipment, return of equipment, security deposits, and their return
120.19 Service logs
120.20 Restoration of a subscriber's property
120.21 Service requests, complaints, and response times
120.22 Operator required to maintain sufficient repair parts and sufficient repair personnel
120.23 New installations; connections: regular, promotional, seasonal, short-term, and pay-per-view; re- connections
120.24 Disconnection for non-payment
120.25 Voluntary disconnections and downgrades
120.26 Resolution of complaints
120.27 Continued use of individual antennas protected
120.28 Construction of good quality
120.29 Conditions on use of streets and public ways
120.30 Construction standards
120.31 Line extension policy
120.32 Permits and licenses
120.33 Standby power
120.34 Emergency alert/emergency override
120.35 Public service installation
120.36 Preventive maintenance program
120.37 Extent of grant of franchise
120.38 Term of franchise
120.39 Payment of multichannel video programming services tax
120.40 Relief from these regulations
120.41 Assignment or transfer of franchise
120.42 Default of franchise; revocation, termination or cancellation of franchise
120.43 Capacity of system
120.44 Description of cable television distribution system
120.45 Public, educational, governmental, and leased access
120.46 Miscellaneous provisions: tampering and unauthorized reception of certain services
120.47 Equal employment opportunity
120.48 Nature of regulations
120.49 Most favored nation clause
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACCESS CHANNEL." A government, education, or public channel which is carried on the cable system, but which is not part of any institutional network.
"BASIC CABLE TELEVISION SERVICE." Any service tier which includes the retransmission of local television broadcast signals.
"CITY." The City of Florence.
"COUNTY." The Boone County Fiscal Court, Kentucky or its lawful successor.
"FCC" or "FEDERAL COMMUNICATIONS COMMISSION." The federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel video provider regulation on a national level.
"FRANCHISE." The initial non-exclusive authorization or subsequent renewal granted by the city which authorizes a person to construct, operate and maintain a cable system in all or part of the city.
"FRANCHISEE." The legal entity granted the cable television franchise by the city and any entity having any rights, liabilities or interest to the franchise whether by assignment, transfer or other means.
"OPERATOR." Franchisee, its assignee or transferee.
"PAY-PER-VIEW EVENT(S)" or "PAY-PER-VIEW MOVIE(S)." The delivery over the cable system of audio and video signals in an unintelligible form for a set fee or charge over and above the charge for standard or basic service and in addition to any premium channel on a per event or per movie basis where said unintelligible or unusable form is made intelligible for viewing only to subscribers paying a separate fee or charge for the viewing of the event or events.
"PREMIUM CHANNEL." The delivery over the cable system of audio and video signals in an unintelligible form to subscribers for a monthly fee or charge, (over and above the charge for standard or basic service) on a per channel basis where said unintelligible or unusable form for viewing is made intelligible only to subscribers paying a separate fee or charge for the viewing or use of the signals.
"PUBLIC, EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES."
(1) Channel capacity designated for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
"RATE." The monthly price paid by a subscriber in order to receive cable service.
"SERVICE DAY." Those days the United States Postal Service delivers regular mail (typically, Monday through Saturday, excluding federal holidays).
"SERVICE OUTAGE." The loss of picture or sound on all basic subscriber channels, or one or more auxiliary programming channels (including tiers and pay programming), and which is not caused by the failure or malfunction of a subscriber's television receiver or by the error of the subscriber.
"SUBSCRIBER." A person lawfully receiving service delivered over a cable system by a cable operator.
(Ord. O-19-08, passed 11-11-08)
(A) The operator shall not be excused from complying with any of the requirements of this chapter, or any subsequently adopted amendments to this chapter, by any failure of the city on any one or more occasions to seek, or insist upon, compliance with such requirements or provisions.
(B) This chapter and the rights and responsibilities it imposes on the operator may not be unilaterally amended without the prior written consent of the operator.
(Ord. O-19-08, passed 11-11-08)
To the extent that there is any resolution or ordinance which in part, or in whole, is directly inconsistent with this chapter, such part, or such whole, of the prior resolution or ordinance shall be repealed to the extent of the inconsistency.
(Ord. O-19-08, passed 11-11-08)
In any case of an actual inconsistency between any provision or section of this chapter, and any provision or section of a federal or Kentucky rule, regulation, or law, then the federal or Kentucky rule, regulation, or law shall not only supersede the effect of this chapter, but also control in any local application.
(Ord. O-19-08, passed 11-11-08)
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