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(A) (1) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the city gives notice of intent to terminate or fails to renew this franchise, the Grantee shall act so as to insure that all subscribers receive continuous, uninterrupted services regardless of the circumstances.
(2) In the event of a change of franchisee, or in the event a new operator acquires the system, the Grantee shall cooperate with the city, new franchisee, or operator in maintaining continuity of service to all subscribers. During this period, the Grantee shall be entitled to the revenues for any period
during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.
(B) In the event the Grantee fails to operate the system for four consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as the Grantee restores service under conditions acceptable to the city, or a permanent operator is selected. If the city is required to fulfill this obligation for the Grantee, the Grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the system received by the city that are the result of the Grantee's failure to perform.
(‘83 Code, § 123.16) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) The City Manager is specified by the city as having primary responsibility for the continuing administration of the franchise and implementation of complaint procedures.
(B) The Grantee shall maintain an office or location in the city for the payment of bills , which shall be open during all usual business hours. In addition, the Grantee shall have a publicly listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis.
(C) The Grantee shall maintain a repair and maintenance crew capable of responding to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request.
(D) The Grantee shall establish procedures for receiving, acting upon, and resolving subscriber complaints to the reasonable satisfaction of the City Manager. The Grantee shall furnish a notice of these procedures to each subscriber at the time of initial subscription to the system.
(E) In the event that a subscriber complaint is not resolved to the mutual satisfaction of the subscriber or the Grantee, either the subscriber or the Grantee may request that the matter be presented to the Council or to a body designated by the Council for a hearing and resolution.
(F) When there have been similar complaints made or when there exists other evidence, which, in the judgment of the Council, casts doubt on the reliability or quality of cable service, the Council shall have the right and authority to compel the Grantee to test, analyze, and report on the performance of the System. The report shall be delivered to the Council no later than 14 days after the Council formally notifies the Grantee, and shall include the nature of the complaints which precipitated the special tests; what system component was tested, the equipment used, and procedures employed in testing; the results of the tests; and the method in which the complaints were resolved.
(G) Tests and analyses shall be supervised by a professional engineer not on the permanent staff of the company. The costs of these tests shall be paid for by the Grantee, but the engineer shall be acting under the direction of the city. The aforesaid engineer should sign all records of the special tests and
forward to the Council the records with a report interpreting the results of the tests and recommending actions to be taken by the city.
(‘83 Code, § 123.17) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) The Grantee shall fully cooperate in making available at reasonable times, and the City Clerk shall have the right on reasonable notice, to inspect the relevant records, maps, plans, and other like materials of the Grantee applicable to the cable television system, at any time during normal business hours; provided where volume and convenience necessitate, the Grantee may require the inspection to take place on the Grantee’s premises. (‘83 Code, § 123.18)
(B) Copies of all petitions, applications, communications, and reports submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to the franchise, shall be provided to the city upon request.
(‘83 Code, § 123.19)
(Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
The Grantee shall file annually with the City Clerk, no later than 120 days after the end of the Grantee's fiscal year, a copy of a financial report applicable to the Garden City Cable Television System, including a detailed statement of gross revenues applicable to its operations during the preceding 12-month period. These reports shall be certified as correct by an authorized officer of the Grantee and there shall be submitted along with them any other reasonable information as the City Manager shall request with respect to the Grantee's revenues and properties related to its cable television system operations within the city.
(‘83 Code, § 123.20) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) In addition to all other rights and powers retained by the city under this franchise or otherwise, the city reserves the right to forfeit and terminate the franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its material terms and conditions. A substantial breach by the Grantee shall include, but shall not be limited to the following.
(1) Violation of any material provision of the franchise or any material rule, order, regulation, or determination of the city made pursuant to the franchise.
(2) Attempt to evade any material provision of the franchise or practices any fraud or deceit upon the city or its subscribers.
(3) Failure to begin or complete the system construction or system extension as provided under the franchise.
(4) Failure to provide the types of services promised herein.
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of interruption is obtained from the city.
(6) Misrepresentation of material fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but it is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees.
(C) The city may make a written demand that the Grantee comply with any provision, rule, order, or determination under or pursuant to this franchise. If the violation by the Grantee continues for a period of 30 days following a written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the issue of termination of the franchise shall be brought before the Council. At least 20 days prior to the date of such a Council meeting, a written notice of intent to request termination and the time and place of the meeting shall be served upon the Grantee. Public notice shall be given of the meeting and issue which the Council is to consider.
(D) The Council shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion, whether or not any violation by the Grantee has occurred.
(E) If the Council shall determine the violation by the Grantee was the fault of the Grantee and within its control, the Council may, by resolution, declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance within a period as the Council may fix, the period not to be less than 60 days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
(F) The issue of forfeiture and termination shall automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council then may terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance or may further extend the period, in its discretion.
(‘83 Code, § 123.21) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) Grantee shall not deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin or sex. The Grantee shall comply with all other applicable and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this chapter by reference.
(B) The Grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local regulations, as amended from time to time.
(C) No signals shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. The authorization is required for each type or classification of two-way cable communications activity planned. However, the Grantee shall be entitled to conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return-path transmission, or billing for pay services.
(D) The Grantee shall not deny or discriminate against any group of actual or potential subscribers in the city on access to or the rates, terms and conditions of cable services because of the income level or other demographics of the local area in which the group may be located.
(E) The Grantee shall provide all subscribers with the option of obtaining a device by which the subscriber can prohibit the viewing of a particular cable service during periods selected by the subscriber.
(‘83 Code, § 123.23) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until this chapter has become effective and, in addition, unless and until all things required in this section are done and completed, all of the things being hereby declared to be conditions precedent to the effectiveness of any franchise granted hereunder. In the event any of those things are not done and completed in the time and manner required, the Council may declare the franchise null and void.
(B) Within 30 days after the awarding of a franchise agreement to a Grantee, or within an extended period of time as the Council in its discretion may authorize, the Grantee shall file with the City Clerk its written acceptance, in form satisfactory to the City Attorney, of the Franchise Agreement, together with the insurance policies, letter of credit and bond required by §§ 121.12, 121.13, and 121.14,respectively, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this chapter and Franchise Agreement. The acceptance and agreement shall be acknowledged by the Grantee before a notary public and shall in form and content be satisfactory to and approved by the City Attorney.
(‘83 Code, § 123.25) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) From and after the effective date of this chapter, it shall be unlawful for any person to establish, operate, or to carry on the business of operating a cable television system unless a franchise agreement therefor has first been obtained pursuant to the provisions of this chapter, and unless the franchise agreement is in full force and effect.
(B) From and after the effective date of this chapter, it shall be unlawful for any person to construct or maintain within any public street in the city, or within any other public property of the city, or within any privately-owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for the purpose of operating a cable television system, unless a franchise agreement authorizing the use of the street or property or area has first been obtained pursuant to the provisions of this chapter, and unless the franchise agreement is in full force and effect.
(C) It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within this city for the purpose of enabling himself or others to receive any cable service, without payment to the owner of the cable television system.
(D) It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cables, wires, or equipment used for distribution of cable services.
(‘83 Code, § 123.26) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
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