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Goodview, MN Code of Ordinances
GOODVIEW, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 111.26 MULTIPLE FRANCHISES.
   (A)   The grantor may grant one or more franchises for a service area. The grantor may, in its sole discretion, limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable laws and specific local considerations, such as:
      (1)   The capacity of the public rights-of-way to accommodate multiple coaxial cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewage;
      (2)   The impact on the city of having multiple franchises;
      (3)   The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents’ property, and the disruption arising from numerous excavations of the rights-of-way; and
      (4)   The financial capabilities of the applicant and its guaranteed commitment to make necessary investment to erect, maintain and operate the proposed system for the duration of the franchise term.
   (B)   Each grantee awarded a franchise to serve the entire city shall offer service to all residences in the city, in accordance with construction and service schedules mutually agreed upon between the grantor and the grantee, and consistent with applicable laws.
   (C)   The city may, in its sole discretion, require developers of new residential housing with underground utilities to provide conduit to accommodate cables for a minimum of two cable systems in accordance with the provisions hereof.
   (D)   The grantor may require that any new grantee be responsible for its own underground trenching and the costs associated therewith, if, in the grantor’s opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables.
   (E)   Any additional franchise granted by the city to provide cable service in a part of the city in which a franchise has already been granted and where an existing grantee is providing service shall require the new grantee to provide service throughout its service area within a reasonable time and in a sequence which does not discriminate against lower income residents.
(Ord. 78, passed 10-13-1997)
§ 111.27 FRANCHISE APPLICATIONS.
   (A)   Any person other than the city, desiring an initial franchise for a cable television system shall file an application with the city. A reasonable nonrefundable application fee in an amount established by the city shall accompany the initial application. The application fee shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act (47 U.S.C. § 542), and the payments shall not be deemed to be:
      (1)   “Payments in kind” or any involuntary payments chargeable against the franchise fees to be paid to the city by grantee pursuant hereto and applicable provisions of a franchise agreement; or
      (2)   Part of the franchise fees to be paid to the city by grantee pursuant hereto and applicable provisions of a franchise agreement.
   (B)   An application for an initial franchise for a cable television system shall be in a form reasonably acceptable to the grantor and may, in the city’s sole discretion, contain, where applicable:
      (1)   A statement as to the proposed service area;
      (2)   A resume of prior history of applicant, including the legal, technical and financial expertise of applicant in the cable television field;
      (3)   A list of the general and limited partners of the applicant, if a partnership, or the shareholders, if a corporation;
      (4)   The percentage ownership of the applicant of each of its partners, shareholders or other equity owners;
      (5)   A list of officers, directors and managing employees of applicant or its general partner, as applicable, together with a description of the background of each person;
      (6)   The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant;
      (7)   A current financial statement of applicant verified by an audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the city;
      (8)   Proposed construction and service schedule; and
      (9)   Any additional information that the city deems applicable.
(Ord. 78, passed 10-13-1997)
§ 111.28 CONSIDERATION OF INITIAL APPLICATIONS.
   (A)   Upon receipt of any application for an initial franchise, the City Administrator shall prepare a report and make his or her recommendations respecting the application to the City Council.
   (B)   A public hearing shall be set prior to any initial franchise grant, at a time and date approved by the Council. Within 30 days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the franchise(s) should be granted, and, if granted subject to what conditions. The Council may grant one or more initial franchises, or may decline to grant any franchise.
(Ord. 78, passed 10-13-1997)
§ 111.29 FRANCHISE RENEWAL.
   (A)   Franchise renewals shall be in accordance with applicable laws. The grantor and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. To the extent consistent with applicable laws or permitted by a court of competent jurisdiction, a reasonable non-refundable renewal application fee in an amount established by the city may be required to accompany any renewal application.
   (B)   The application fee shall not be deemed to be “franchise fees” within the meaning of § 622 of the Cable Act (47 U.S.C. § 542), and the payments shall not be deemed to be:
       (1)   “Payments in kind” or any involuntary payments chargeable against the franchise fees to be paid to the city by the grantee pursuant hereto and applicable provisions of a franchise agreement; or
      (2)   Part of the franchise fees to be paid to the city by the grantee pursuant hereto and applicable provisions of a franchise agreement.
(Ord. 78, passed 10-13-1997)
§ 111.30 CONSUMER PROTECTION AND SERVICE STANDARDS.
   Except as otherwise provided in the franchise agreement, the grantee shall maintain one or more customer service and bill payment offices at convenient locations within the service area to provide the necessary facilities, equipment and personnel to comply with the following consumer protection standards under normal operating conditions.
   (A)   Cable system office hours and telephone availability.
      (1)   The grantee will maintain a local, toll-free or collect call telephone access line which will be available to subscribers 24 hours a day, seven days a week.
         (a)   Named grantee representatives will be available to respond to customer telephone inquiries during normal business hours.
         (b)   After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained grantee representative on the next business day.
      (2)   Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90% of the time under normal operating conditions, measured on a quarterly basis.
      (3)   The grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
      (4)   Under normal operating conditions, the customer will receive a busy signal less than 3% of the time.
      (5)   Customer service center and bill payment locations will be open at least during normal business hours.
   (B)   Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than 95% of the time measured on a quarterly basis.
      (1)   Standard installations will be performed within seven business days after an order has been placed. Standard installations are those that are located up to 125 feet from the existing distribution system.
      (2)   Excluding conditions beyond the control of the grantee, the grantee will begin working on “service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The grantee must begin actions to correct other service problems the next business day after notification of the service problem.
      (3)   The “appointment window” alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)
      (4)   The grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
      (5)   If the grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted prior to the time of the scheduled appointment. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
   (C)   Communications between grantee and subscribers.
      (1)   Notifications to subscribers.
         (a)   The grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:
            1.   Products and services offered;
            2.   Prices and options for programming services and conditions of subscription to programming and other services;
            3.   Installation and service maintenance policies; and
            4.   Instructions on how to use the cable service.
         (b)   Channel positions of the programming carried on the system; and
         (c)   Billing and complaint procedures, including the address and telephone number of the grantee’s and grantor’s offices within the service area.
         (d)   Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of 30 days in advance of the changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers 30 days in advance of any significant changes in the other information required by division (C)(1)(a)1. above. Notwithstanding any other provision of part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax assessment or charge of any kind imposed by any federal agency, state or franchising authority on the transaction between the operator and the subscriber.
      (2)   Billing.
         (a)   Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
         (b)   In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within 30 days.
      (3)   Refunds. Refund checks will be issued promptly, but no later than either:
         (a)   The customer’s next billing cycle following resolution of the request or 30 days, whichever is earlier; or
         (b)   The return of the equipment supplied by the grantee if service is terminated.
      (4)   Credits. Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.
(Ord. 78, passed 10-13-1997)
§ 111.31 RATE REGULATION.
   The city reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent permitted by applicable laws. The grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R. part 76, subpart N, as the same may be amended from time to time. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R. part 76, subpart N, as the same may be amended from time to time.
(Ord. 78, passed 10-13-1997)
§ 111.32 FRANCHISE FEE.
   (A)   Following the issuance and acceptance of a franchise, the grantee shall pay to the grantor a franchise fee in the amount set forth in the franchise agreement.
   (B)   The grantor, on an annual basis, shall be furnished a statement within 60 days of the close of the calendar year, certified by a representative of the grantee who is an accountant, reflecting the total amounts of gross revenues and all payments, and computations of the franchise fee for the previous calendar year. Upon ten-days’ prior written notice, the grantor shall have the right to conduct an independent audit of the trainee’s records. If the audit indicates a franchise fee underpayment of 5% or more, the grantee shall assume all reasonable costs of an audit and shall remit to grantor all applicable franchise fees due and payable together with interest thereon at the lesser of the maximum rate permitted by applicable laws or 18% per annum.
   (C)   Except as otherwise provided by law, including the applicable state statute of limitations, no acceptance of any payment by the grantor shall be construed as a release or as an accord and satisfaction of any claim the grantor may have for further or additional sums payable as a franchise fee under this chapter or any franchise agreement or for the performance of any other obligation of the grantee.
   (D)   In the event that any franchise fee payment or recomputed amount is not made on or before the dates specified in the franchise agreement, the grantee shall pay as additional compensation an interest charge, computed from the due date, at an annual rate equal to the lesser of the maximum rate permitted by applicable laws or 18% per annum during the period for which payment was due.
   (E)   Franchise fee payments shall be made in accordance with the schedule indicated in the franchise agreement.
(Ord. 78, passed 10-13-1997)
§ 111.33 DESIGN AND CONSTRUCTION REQUIREMENTS.
   (A)   The grantee shall not construct any cable system facilities until the grantee has secured the necessary permits from the grantor or other applicable governmental authorities.
   (B)   In those areas of the city where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground.
   (C)   In those areas of the city where the grantee’s cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service and, in the event that the facilities of both the public utilities subsequently are placed underground, then the grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground, at the grantee’s cost. Certain of the grantee’s equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in above-ground closures.
   (D)   Any grantee wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to the trenching.
   (E)   In the event that more than one franchise is awarded, the city reserves the right to limit the number of drop cables and/or pedestals per residence, or to require that the drop cables and/or pedestal(s) be utilized only by the Council selected by the resident to provide service.
(Ord. 78, passed 10-13-1997)
§ 111.34 TECHNICAL STANDARDS.
   (A)   The grantee shall construct, install, operate and maintain us system in a manner consistent with all applicable laws and the Federal Communications Commission technical standards, and any standards set forth in its franchise agreement. In addition, the grantee shall provide to the grantor, upon request, a written report of the results of the grantee’s periodic proof of performance tests conducted pursuant to Federal Communications Commission standards and guidelines. The grantee and the city shall additionally comply with any other applicable laws or technical standards concerning any services which the grantee provides over its cable system including the FCC’s jurisdiction over enforcement of technical standards.
   (B)   Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the franchise entitling the city to utilize the procedures hereof.
   (C)   All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable laws.
   (D)   All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable provisions of the National Electrical and Safety Code and National Electrical Code, as amended, and as may from time to time be amended.
   (E)   Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable laws.
   (F)   All of the grantee’s plant and equipment, including, but not limited to, the antennas of headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements, the city may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
   (G)   The grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance lo the public.
(Ord. 78, passed 10-13-1997)
§ 111.35 TRIMMING OF TREES.
   The grantee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over streets and public places of the city so as to prevent the branches of the trees from coming in contact with the wires and cables of grantee. The city representatives shall have authority to supervise at city expense and approve all trimming of trees conducted by the grantee.
(Ord. 78, passed 10-13-1997)
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