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(A) There is granted by the city to the Grantee named in a franchise agreement, the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over, and under the streets, alleys, public ways, and public places flow laid out or dedicated and all extensions thereof, and additions thereto in the city, poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the city of a cable communications system, to be used for the sale and distribution of cable services to the residents of and institutions in the city.
(B) The Grantee shall, at all times during the operation of its franchise, be subject to lawful exercise of the police power as may be hereafter provided by the city.
(C) The city may, in its discretion, by franchise agreement for a particular Grantee provide for special or relaxed procedures pursuant to § 121.07(A); modify the definition of gross revenues in § 121.01; modify the effective percentage rate in § 121.09 or modify pursuant to § 121.10(E) the matters set forth in § 121.10(C) and (D) (collectively "modification") upon a demonstration that there are exceptional and extraordinary circumstances which warrant modification, such as an increase in competition in cable services by increasing the number of Grantees providing the service in the city; the modification will not be detrimental to the public health, safety and welfare; and the modification will not impair the intent and purposes of this chapter and its several sections.
(‘83 Code, § 123.02) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)
(A) Duration period. The duration of the rights, privileges, and authorizations hereby granted shall be no more than 15 years from the date the franchise is awarded. Renewal procedures shall be as set forth in Title VI of the Communications Act of 1934 (as from time to time in effect) and other applicable state or federal law. In the absence of such laws, the franchise may be renewed by the city upon application of the Grantee pursuant to the procedure established in division (B) of this section and in accordance with the then applicable law.
(B) Renewal procedures.
(1) At least 15 months prior to the expiration of the franchise, the Grantee shall inform the city in writing of its intent to seek renewal of the franchise and thereupon file with the city a proposal for services.
(2) After giving public notice, the city shall proceed to determine whether the Grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the city shall consider technical developments and performance of the system, programming, other services offered, cost of services, and any other particular requirements set in the chapter; also, the city shall consider the Grantee's proposal and its annual reports made to the city and the FCC; industry performance on a national basis shall also be considered. Provision shall be made for public comment.
(3) A four-month period shall be provided to determine the Grantee's eligibility for renewal.
(4) The city shall then prepare within two months any amendments to this chapter that it believes necessary.
(5) If, based upon the Grantee's performance during this franchise term, the Grantee's new proposal, and report thereon, and the public hearings, the Council finds a renewal of the franchise with the Grantee is in the public interest, Council may enter into a renewal of the franchise with the Grantee under terms and conditions as are appropriate and for an additional term not to exceed 15 years.
(6) In the event the Grantee is determined by the city to have performed satisfactorily, new applicants may be sought and evaluated and a franchise award may be made by the city.
(‘83 Code, § 123.03) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)
The franchise is for the present territorial limits of the city and for any area henceforth added thereto during the term of this franchise, but excluding areas that are within the territorial limits solely due to agreements executed under the authority of Public Act 425 of 1984, being M.C.L.A. 124.21 through 124.49, unless the Act 425 Agreement expressly so provides and a Grantee desiring to serve such area consents thereto.
(‘83 Code, § 123.04) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)
(A) Within 18 months from the date of award of a franchise, a Grantee must make cable television service available to every dwelling unit within the city.
(C) With respect to requests for connection requiring an aerial drop line in excess of 150 feet, the Grantee must extend and make available cable services to the residents at a connection charge not to exceed the actual installation costs incurred by the Grantee for the distance exceeding 150 feet.
(‘83 Code, § 123.05) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) The Grantee shall construct, install, operate, and maintain its Cable Communications System in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and with all detailed standards submitted by the Grantee as part of its application (if any), which standards are incorporated by reference herein. In addition, the Grantee shall provide the city, upon request, with a written report of the results of the Grantee's annual proof of performance tests or other tests conducted pursuant to FCC standards and requirements.
(B) Construction, installation, and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(1) The Grantee shall at all times comply with the following.
(a) National Electrical Safety Code of the Institute of Electrical and Electronic Engineers.
(b) National Electrical Code of the National Fire Protection Association.
(c) Bell System Code of Pole Line Construction.
(d) Applicable FCC or other federal, state and local regulations.
(e) The charter and ordinances of the city including provisions regulating public utility franchises.
(2) The Grantee's cable communications system shall be located, erected, and maintained so that none of its facilities shall endanger or interfere with the lives of persons or property, or interfere with any improvements the city may deem proper to make, or unnecessarily hinder or obstruct the free use of streets, alleys, easements, or public property.
(C) The following shall apply to Grantee's testing and compliance with the FCC regulations relating to cable television technical standards currently set forth in 47 CFR 76, subpart K.
(1) The Grantee shall provide city with a report of its testing for compliance with the regulations upon request.
(2) The Grantee shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: all complaints shall go initially to a person designated by the Grantee. All matters not resolved by that person shall at the Grantee's or the subscriber's option be referred to the city for it to resolve. All matters not resolved by the city may be referred to the FCC for it to resolve. The Grantee shall annually notify its subscribers of the preceding.
(‘83 Code, § 123.06) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable or any right, interest, or property therein, pass to or vest in any person without the prior written consent of the city. The proposed assignee or transferee must show financial responsibility as determined by the city and must agree to comply with all provisions of the franchise. The city shall not unreasonably withhold its consent to a proposed transfer or assignment. The city may charge the assignee or transferee a reasonable fee to assume the franchise consistent with the original franchise fee and to cover all reasonable costs incurred in assuring itself that the assignee or transferee is as qualified to administer the cable system as the original Grantee. The city may in a franchise provide for special and relaxed procedures for transfers or assignments to affiliates of a Grantee.
(B) The Grantee shall promptly notify the city of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word CONTROL as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. There may be no change in, transfer of, or acquisition of control without the prior consent of the city, which will not unreasonably be withheld, and any such alteration in control without consent shall make the franchise subject to revocation. For the purpose of determining whether it shall consent to a change, transfer, or acquisition of control, the city may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the city in any inquiry; and the party shall assume all reasonable costs incurred by the city in so doing.
(C) The consent or approval of the Council to any transfer or assignment of the franchise shall not constitute a waiver or release of the rights of the city in and to the streets, and any transfer or assignment shall, by its terms, be expressly subordinate to the terms and conditions of this franchise.
(D) In the absence of extraordinary circumstances, the city will not approve any transfer or assignment of the franchise or change in control prior to substantial completion of construction of a proposed system.
(E) The Council reserves the right, consistent with federal law, to review the purchase price of any transfer or assignment of the cable system. Any assignee to this franchise expressly agrees that any negotiated sale value which the Council (acting upon professional advice) deems unreasonable will not be considered in the rate base for any subsequent request for rate increases.
(F) In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory to the franchise agreement.
(‘83 Code, § 123.07) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
A Grantee shall comply with any applicable cable television rate regulation ordinances.
(‘83 Code, § 123.08) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
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