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)
Both the city and the operator shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents, and other correspondence. All notices shall be delivered to each party's contact person by certified mail, return receipt requested, personal service with a signed receipt of delivery, or overnight with receipt verification. All other filings, reports, records, documents, and other correspondence may be delivered by any permissible means including, but not limited to: facsimile transmission ("faxing"); electronic mail ("email") personal service; overnight mail or package delivery; or delivery via cable. 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).
(Ord. O-19-08, passed 11-11-08)
(A) To the extent permitted by law, the operator shall at all times defend, indemnify, protect, save harmless, and exempt the city, Mayor and City Council members, their officers, and employees from any, and all, penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the system within the city by a negligent act or omission of the operator, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, attorneys' fees are included as those costs which may be recovered by the city.
(B) The city, Mayor, and City Council specifically reserve the right to retain counsel of their own choice, at their own expense.
(C) If the operator obtains counsel for the city, the Mayor, or the City Councilpersons, then any one of them shall have the right to approve counsel, provided, however, that the city shall not unreasonably withhold their approval of counsel.
(D) With respect to the operator's own defense of such actions noted in this section, it is understood that such operator reserves the right to select and retain, without the city's approval, counsel of the operator's choice, at the operator's own expense.
(Ord. O-19-08, passed 11-11-08)
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