Section
General Provisions
110.001 Title and purpose
110.002 Definitions
110.003 Operation prohibited except by franchise
110.004 Request for proposal; form
110.005 Severability
Franchise Agreement
110.020 Non-exclusive right
110.021 Franchisee acknowledgments
110.022 Contract duration
110.023 Effect at termination of contract
110.024 Termination by expiration of contract
110.025 Right of revocation reserved
110.026 Foreclosure; appointment of trustee or receiver
110.027 Transfer of effective ownership or control
110.028 Continuation of service
110.029 System sale upon revocation or non-renewal
110.030 Review sessions
Franchise Service Area
110.045 General extension of service
110.046 Service outside corporate limits
110.047 Special service areas
Payments By Franchisee
110.060 Reimbursements
110.061 Compensation
Design and Construction
110.075 Emergency override; standby power
110.076 System standards; signal carriage; channel access
110.077 FCC certificate of compliance
110.078 Construction in workmanlike manner
110.079 Existing pole and conduit usage
110.080 Temporary or permanent changes
110.081 Authority to order post-construction improvements
110.082 Minimum aboveground clearance compliance
110.083 Interference with property rights or fixtures prohibited; maps and records required
110.084 Underground installations
110.085 Unauthorized equipment; connection prohibited
Business Operations
110.100 Current technology required
110.101 Office hours; staffing
110.102 Service repair
110.103 Complaints
110.104 Prohibition of sale or service of parts or accessories; antenna and equipment
110.105 Books and records required
110.106 Permits, authorizations; FCC certificate of convenience and necessity
110.107 Documents submitted to County Manager
110.108 Reports
110.109 Full legal compliance
Rates and Charges
110.120 General provisions
110.121 Initial rates and charges; adjustments
110.122 Refunds
110.123 Advance payments; installation and reconnection charge
110.124 State, federal regulation
110.125 Public buildings, facilities
110.126 Public access programming charges
Franchise Agreement Administration
110.140 Limitation of franchisee recourse
110.141 Franchisee obligation continuing
110.142 Indemnification of town
110.143 Insurance
110.144 Performance bond; deposit in lieu of
110.145 Reservation of rights by town
110.146 Franchisee right to appeal
110.147 Subscriber list use prohibited
110.148 Right of privacy
110.149 Non-discriminatory practices
110.150 Individual right to appeal
110.151 Optional regulatory commission; Town Administrator/Town Clerk duties
110.999 Penalty
GENERAL PROVISIONS
(A) This chapter shall be known as the “Landis Cable Television Ordinance”.
(Prior Code, § 4.1-1)
(B) It is the purpose and intent of this chapter to provide for the town a cable television system which will serve present and future needs of the citizens and general public of the town, government, public institutions, commercial enterprises and lawful public and private organizations. The system, in its establishment, construction, operation, maintenance and regulation, shall be subject to and in compliance with the terms contained in this chapter and the franchise agreement referred to herein and all pertinent laws, rules, regulations, orders and policies of the Federal Communications Commission, the state, the town and all governmental agencies having jurisdiction over the same.
(Prior Code, § 4.1-2) (Ord. passed 9-19-1979)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, provided, that unless the franchise agreement otherwise requires or a different definition appears below, the terms used in this chapter shall have the meanings ascribed to them in applicable regulations of the Federal Communications Commission.
ACCESS CHANNELS. Those channels required by Federal Communications Commission regulations which, by the terms of this chapter or the franchise agreement, are required to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access or leased access.
CABLE TELEVISION SYSTEM. Any system which operates for hire the service of receiving and amplifying programs broadcast by one or more television and/or radio stations and any other programs originated by a cable television company or by another party and distributing the programs by wire, cable, microwave or other means to persons who subscribe to the service. The definition does not include:
(1) Any system which serves fewer than 50 subscribers; or
(2) Any system which serves only the residents of one or more apartment dwellings under common ownership, control or management and any commercial establishment located on the premises of the apartment complex and any hotel or motel complex and any condominium development and which transmits only signals broadcast over the air by stations which may be normally viewed or heard locally without objectionable interference and which does not provide any additional service over its facilities.
CONVERTER. An electronic device, used at a subscriber’s terminal, which converts signals to a frequency not susceptible to interference and distortion within the television receiver of a subscriber and which, by an appropriate channel selector, also permits a subscriber to view all delivered signals at designated dial locations.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the Federal Communications Commission (FCC) and applicable to cable systems, presently in force or as hereafter amended.
FRANCHISE and FRANCHISE AGREEMENT. Authorization granted pursuant to the terms of this chapter to construct, operate and maintain a cable television system within all or a specified area of the town. The FRANCHISE shall be granted in the form of a franchise agreement, which is separate and distinct from any license or permit required for the franchise ordinance, and, together with this chapter, shall contain the terms and conditions upon which a cable television system may be operated in the town and the privilege of transacting and carrying on a business within the town as required by other ordinances and laws of the town.
FRANCHISE AREA. All of the town outside of the corporate limits of any city; provided, that no service shall be required to be delivered to subscribers who reside in areas not having at least 50 residential units per cable mile for the first year of the franchise and 45 residential units per cable mile thereafter, according to the schedule in § 110.045(B).
FRANCHISEE. The person granted a franchise by the Board of Alderpersons under this chapter and the lawful successor, transferee or assignee of the person.
GROSS RECEIPTS. Any and all compensations in whatever form, grant, subsidy, exchange or otherwise, directly or indirectly received by a franchisee, not including any taxes on services furnished by the franchisee, imposed directly on any subscriber or user by a city, county, state or other governmental unit and collected by the franchisee for the entity.
MONITORING. Observing a one-way communications signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means for any purposes whatsoever.
PROGRAMMER. Any person who or which produces or otherwise provides program material for transmission by video, audio, digital or other signals, either live or from recorded tapes, to subscribers by means of the cable television system.
PROPERTY OF FRANCHISEE. All property owned, installed or used within the town by a franchisee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.
SERVICE, BASIC. The total of the following:
(1) The transmission of all broadcast radio and video channel signals provided for in this chapter to subscriber terminals;
(2) The transmission of the public, educational, local government and leased access channel signals;
(3) The transmission of the local origination channel signals;
(4) The transmission of the other cablecast channel signals as are required by the FCC to match the number of broadcast channel signals being transmitted;
(5) The installation and reconnection of subscriber service outlets;
(6) Transmission of color television signals which it receives in color; and
(7) All broadcast signals which may be carried pursuant to the applicable federal regulations.
SERVICE, NONBASIC. Any communications service other than basic service provided over its system by the franchisee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications.
STREET. The surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive or communications or utility easement, now or hereafter existing as within the franchise area.
SUBSCRIBER OR USER. Any person or entity receiving for any purpose any service of the franchisee’s cable television system, including, but not limited to, the conventional cable television system service of retransmission of television broadcasts, radio signals, the franchisee’s original cablecasting and the local government, education and public access channels and other services as leasing of channels, data and facsimile transmission, pay television and police, fire and similar public service communication.
SUBSCRIBER SERVICE DROP. The extension wiring from the franchisee’s distribution lines to a subscriber’s building.
TAPPING. Observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the communications signal exchange is observed by visual or electronic means for any purpose whatsoever.
TOWN ADMINISTRATOR/TOWN CLERK. The town’s chief administrative officer or any designee thereof.
(Prior Code, § 4.1-3) (Ord. passed 9-19-1979)
No person shall own or operate a cable television system (CATV), or other system as defined herein, in the town, except by franchise granted by the Board of Alderpersons to the franchisee, which shall comply with all of the provisions of this chapter.
(Prior Code, § 4.1-5(a)) (Ord. passed 9-19-1979)
(A) The Board of Alderpersons may, by advertisement or any other means, solicit and call for applications for CATV system franchises, determine and fix any date upon or after which the same shall be received, or the date after which the same shall not be received and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of the applications.
(B) Proposals and applications shall be submitted in the form specified by the Town Administrator/Town Clerk.
(Prior Code, § 4.1-6) (Ord. passed 9-19-1979)
If an section, sentence, clause or phrase of this chapter is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect, the validity of the remainder of this chapter and any portions in conflict are hereby repealed; provided, that in the event that the FCC declares any section invalid, the section will be renegotiated by the town and the franchisee.
(Prior Code, § 4.1-4) (Ord. passed 9-19-1979)
FRANCHISE AGREEMENT
The franchise agreement shall grant to the franchisee the right, privilege and franchise to construct, operate and maintain a CATV system in the town for a period of 15 years. The franchise shall not be exclusive and the town reserves the right to grant a similar franchise to any other entity at any time during the period of the franchise issued pursuant to this chapter.
(Prior Code, § 4.1-5) (Ord. passed 9-19-1979)
(A) The franchise agreement, together with the provisions of this chapter, shall constitute the terms and conditions upon which the franchisee may exercise the rights described herein. In the event this chapter or the franchise agreement conflict with mandatory regulations of the FCC or other governmental body having jurisdiction, the same shall, only insofar as the conflict shall exist, be deemed of no effect and the remaining provisions of this chapter and the agreement shall remain in full force and effect. The franchise agreement shall contain the representations, warranties and agreements as shall be agreed upon between the Board and the franchisee. The applicant awarded a franchise by the Board’s resolution shall execute a franchise agreement agreeing to the terms and provisions of this chapter, the proposal and any conditions or provisions that may be negotiated between the town and the franchisee. In no event shall the terms of the franchise agreement conflict with any provision of this chapter, FCC regulations or any other law.
(B) At the minimum the franchise agreement shall contain representations by the franchise that:
(1) It accepts and agrees to all of the provisions of this chapter and any supplementary specifications, as to construction, operation or maintenance of the system, which the Board may include in the franchise agreement;
(2) It has examined all of the provisions of this chapter and waives any claims that any provisions hereof are unreasonable, arbitrary or void;
(3) It recognizes the right of the Board to make reasonable amendments to this chapter or the franchise agreement during the term of the franchise; provided, that no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement. It further recognizes and agrees that the Board shall, in no way, be bound to renew the franchise at the end of any franchise term; and
(4) It acknowledges that its rights hereunder are subject to the police power of the town to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the Board pursuant to the power.
(C) In addition, the franchise agreement may contain specific standards that will be met related to signal quality and technical standards of construction, operation and maintenance of the system.
(Prior Code, § 4.1-8)
(D) Upon award of the franchise by the Board of Alderpersons and following execution of the franchise agreement, it shall be mandatory for the franchisee diligently and expeditiously to pursue the construction and operation of a CATV system for the citizens of the town and following construction of the system, it shall be mandatory for the franchisee to provide continuous regular service to its subscribers.
(Prior Code, § 4.1-7) (Ord. passed 9-19-1979)
The franchise and rights therein granted shall take effect and be in force for a period of 15 years from and after the grant and acceptance date of the franchise, which shall be effected by the execution of the franchise agreement, which shall occur not more than 30 days from the adoption of a resolution by the Board of Alderpersons designating the franchisee, unless the time is extended by the Alderpersons.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
Upon termination of the franchise for whatever reason, including expiration or revocation, the Board of Alderpersons shall have the right to determine whether the franchisee shall be eligible to continue to operate and maintain the CATV system.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) Upon the expiration of the term of the franchise and subject to approval by the Board of Alderpersons, the franchisee may negotiate renewal of its franchise for an additional period, not inconsistent with FCC rules and regulations.
(B) The franchisee shall notify the Board in writing no less than one year in advance of the expiration date of its desire to renew or not to renew the franchise. The Board may propose certain franchise modifications to the franchisee and make any given renewal contingent upon acceptance of the modifications. Renewal shall be preceded by a public hearing held at least 30 days in advance of a decision by the Board of Alderpersons. A renewal may be granted not more than two years prior to the expiration of any existing term. The Board of Alderpersons may determine whether or not the franchisee has performed satisfactorily its obligations under the franchise by reviewing the following:
(1) Technical developments and performance of the system;
(2) Programming;
(3) Other services offered;
(4) Cost of service;
(5) Compliance with any requirement in this chapter or in FCC regulations;
(6) Annual and other reports made to the Board or the FCC;
(7) Extension of service; and
(8) Other matters of concern.
(C) In the event the current franchisee is determined by the Board of Alderpersons to have performed unsatisfactorily, new applicants shall be sought and evaluated by the Board and the Town Administrator/Town Clerk and a franchise award may be made according to the application and award procedures set forth in this chapter.
(D) Upon failure to renew the franchise following expiration of the term of the franchise, the Board shall have the right of first refusal to purchase the CATV system. Should the Board decide to purchase the system, it shall do so at a price not to exceed its then fair market value. In determining the fair value of the system, the original cost of all tangible and intangible property, as well as the salvage value, the book value, the replacement cost, cash flow and other factors, including outstanding debts of the system to be assumed by the Board, may be considered. Under no circumstances shall any valuation be made for “good will” or any right or privilege granted by this chapter. Should a dispute arise over the determination of the fair value of the system, the dispute shall be resolved by arbitration, as provided in § 110.025.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) The Board of Alderpersons may terminate the franchise conferred under this chapter at any time prior to a date of expiration, upon a finding that the franchisee has failed to cure one or more of the following defects:
(1) Material breach, whether by act or omission, of any terms or conditions of this chapter or the franchise agreement;
(2) Material misrepresentation of fact in the application for or negotiation of the franchise;
(3) Insolvency of the franchisee, inability or unwillingness of the franchisee to pay its just debts when they accrue or application of the franchisee for adjudication as a bankrupt;
(4) Failure to provide subscribers or users with adequate service in the best interest of the public convenience and welfare;
(5) Failure to have obtained authorization from all required governmental agencies and acceptable pole attachment agreements within 12 months after execution of the franchise agreement; provided, that the period of 12 months may be extended by the Board of Alderpersons, if the franchisee is diligently pursuing the authorization and the delay is not caused by any fault of the franchisee or results from strikes, natural disaster or other occurrences over which the franchisee would have no control; or
(B) The franchisee shall have 60 days to remedy defects, following written notice by the Town Administrator/Town Clerk to the franchisee of the defect. If any defect continues beyond the 60 days (or any extension thereof granted by the Board of Alderpersons) without written proof that corrective action has been taken or is being actively and expeditiously pursued, the Board of Alderpersons shall call a public hearing on the termination of the franchise. Immediately following the public hearing, the Board of Alderpersons may, by resolution, declare that the franchise be terminated. At least ten days prior to the Board of Alderpersons’s meeting at which the public hearing will be held, the Town Administrator/Town Clerk shall cause to be served upon the franchisee a written notice of the public hearing on the question of termination. The notice shall state the time and place of the meeting. In the event that the Board revokes the franchise, the Board shall have the right of first refusal to purchase the CATV system at a price not to exceed its depreciated book value (that is, original cost of property less accumulated depreciation). The book value or assumption of debt, whichever is larger (provided debt is no larger than the recognized mortgage value of the system) shall be determined by the Board in accordance with generally accepted appraisal and accounting principles. Under no circumstances shall any valuation be made for “good will” or any right or privilege granted by this chapter. Should a dispute arise over the determination of the fair value of the system, the dispute shall be resolved by a panel of three appraisers, one to be selected by the Board, one to be selected by the franchisee and the third to be selected by the other two appraisers. Should the Board and the franchisee fail to agree on the third appraiser, the choice shall be made by the senior resident judge of the superior court of the judicial district in which the town is located.
(C) Should the Board revoke the franchise and fail to purchase the system, new applicants shall be sought and evaluated by the Town Administrator/Town Clerk and Board of Alderpersons and a franchise award may be made according to the application and award procedures set forth in this chapter.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) Upon the foreclosure or other judicial sale of all or a substantial part of the system, or upon the termination of any lease covering all or a substantial part of the system, the franchisee shall notify the Board of Alderpersons of the fact. The notification shall be treated as a notification that a transfer in control of the franchise has taken place and the provisions of § 110.027 of this chapter governing the consent of the Board of Alderpersons to the change in control of the franchise shall apply.
(B) The Board of Alderpersons shall have the right to cancel the franchise 120 days after the appointment of a receiver or trustee, to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless the receivership or trusteeship shall have vacated prior to the expiration of the 120 days, or unless:
(1) Within 120 days after his or her election or appointment, the receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults hereunder; and
(2) The receiver or trustee, within the 120 days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the certificate granted to the company.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) No transfer of effective ownership or control of the CATV system may take place, whether by force or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the Board of Alderpersons. The notice shall include full identifying particulars of the proposed transaction and the Board of Alderpersons shall act by resolution.
(B) The franchisee shall not issue any additional capital stock and shall not permit the transfer of more than 10% of its presently outstanding shares without the prior written consent of the Board of Alderpersons. No sale, lease, assignment or transfer shall be effective until the vendee, lessee, assignee or transferee has filed with the Board its acceptance of this grant.
(D) Prior approval of the Board of Alderpersons shall be required where ownership or control of more than 10% of the right of control of or interest in the franchise is acquired by a person or a group of persons acting in concert, none of whom already own or control 10% or more of the right of control or interest, singularly or collectively; provided, that the Board of Alderperson’s approval shall not be unreasonably withheld after proper application is made therefor.
(E) “Transfer of effective ownership or control” shall not include:
(1) Pledge or hypothecation or mortgage or similar instrument transferring conditional ownership or all or part of the system’s assets to a lender or creditor in the ordinary course of business, so long as the lender does not thereby acquire the right to control the system’s operations, but no transfer of conditional title can be made absolute or become effective without prior approval of the Board of Alderpersons; or
(2) The disposition of facilities or equipment no longer required in the conduct of business.
(F) The franchisee may hypothecate its interest under this chapter and the franchise agreement and in the CATV system to be constructed pursuant thereto for the purpose of securing a loan, the entire proceeds of which will be utilized in construction and operation of its CATV system in the franchise area. All terms and conditions contained in the hypothecation agreement shall be subject to the prior approval of the Board of Alderpersons and the successor in interest shall own and operate the CATV system subject to all provisions of this chapter and the franchise agreement.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
The franchisee shall be required to provide continuous service to all subscribers in return for payment of the established fee. If the franchise agreement becomes void for whatever reason, including normal expiration, revocation or foreclosure, the franchisee is required, at the option of the Board and as a part of the franchise, to continue to operate the system until an orderly change of operation is effected. In the event the franchisee fails to operate the system or allows a lapse in service without prior approval of the Board of Alderpersons, the Board or its agent shall operate the system until the time as a new operator is selected. If the Board is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the Board for any costs or damages that are the result of the franchisee’s failure to perform.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
In the event the Board elects to revoke the franchise or fails to renew the franchise and providing the Board elects not to purchase the system, the Board may require that the system be sold to a franchisee designated by the Board of Alderpersons, at a purchase price that shall be equivalent to the fair market value determines in the same manner described in § 110.024 of this chapter.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) Because of the regulatory, technical, financial, marketing and legal uncertainties associated with cable communications, the franchisee shall agree to the following review provisions, in order to provide for a maximum degree of flexibility in the franchise and to help achieve a continued advanced and modern system for the town.
(1) The Board and the franchisee shall hold scheduled review sessions within 30 days of the fifth and tenth anniversary dates of the franchisee’s obtaining certification for the system from the FCC.
(2) Special review sessions may be held in the Board’s meeting place at any time during the term of the franchise, upon reasonable notice by either party to the other. A special review session shall be held in the event any clause or section of this chapter is voided, nullified, deleted or modified by the authority of any regulatory agency, including the FCC and the franchisee will comply with the FCC rules within one year from adoption of the new rule.
(B) The following topics shall be discussed at every scheduled review session: Service, rate structures, free or discounted services, application of new technologies, state of the art, system performances, services provided, programming offered, customer complaints, privacy in human rights, amendments to this chapter, undergrounding provisions, judicial and FCC rulings and extension of service. In addition, other topics may be discussed as determined by the Board.
(C) At either a scheduled or special review session, a public hearing may be called, if and as determined by the Board of Alderpersons.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
FRANCHISE SERVICE AREA
(A) The franchise is for the area described in § 110.002.
(B) The franchisee agrees to make available basic CATV service to all residents of the town within the basic service area, subject to the provisions of § 110.047 of this chapter. The franchisee shall accomplish significant construction within one year after receiving Commission certification and shall thereafter equitably and reasonably extend energized trunk cables into a substantial percentage of its franchise area each year; the percentage shall be not less than:
(1) Fifty percent at the end of two years;
(2) Seventy percent at the end of three years;
(3) Eighty percent at the end of four years; and
(4) Ninety percent at the end of five years.
(Prior Code, § 4.1-11(b)) (Ord. passed 9-19-1979)
The franchisee may negotiate with any citizen or group of citizens outside the corporate limits for the extension of CATV service. Service may be extended to areas outside the corporate limits, provided there is no deterioration of service to citizens inside the corporate limits that results from the extension and provided all residents of the town have service available if they desire it. Negotiations for extension of service shall in no way result in any change in rate schedules.
(Prior Code, § 4.1-11) (Ord. passed 9-19-1979)
The franchisee shall provide its service to residents of the town in areas where the average density of dwelling units is equivalent to or greater than the rate of 50 homes per linear mile. The franchisee shall extend its service to the areas and only the standard installation charge specified in the rate resolution will apply in the areas. Special installation charges may be made where the average rate of dwelling units per mile is less than the equivalent of 50 dwelling units per mile; provided, that the special charges shall not exceed the direct cost to the franchisee of the installation. Decisions over provision and extension of service by the franchisee as well as charges may be appealed to the Board of Alderpersons.
(Prior Code, § 4.1-11) (Ord. passed 9-19-1979)
PAYMENTS BY FRANCHISEE
The franchisee shall pay the town a sum of money which will, when added to application fees received, reimburse all costs and expenses incurred by the town in connection with preparation of this chapter and the franchise agreement and the granting of a franchise, including, but not limited to, consultant fees, travel expenses and all other direct costs; provided, that the town shall submit a detailed schedule of all the costs. The payment shall be made within 30 days after the Clerk furnishes the franchisee with a written statement of the expenses.
(Prior Code, § 4.1-12) (Ord. passed 9-19-1979)
As compensation for the authorization granted pursuant to this chapter and in consideration for permission to use the easements which the town controls for the construction, operation and maintenance of a CATV system within the town, the franchisee shall pay to the town quarterly, on or before the first day of July, October, January and April for the preceding quarter, an amount equal to 3% of the gross revenues. This payment shall be in addition to any other fees or payments made to the town by the franchisee, as pole rental, business licenses and other fees not based on gross revenues. Should the FCC regulations be amended in the future to allow the town to receive a fee from its franchisee from other than the previously mentioned revenues, the franchisee shall immediately commence making the additional payments to the town as are authorized to the full extent of the authorization. Payment shall be accompanied by a certified report showing the basis for the computation and the other relevant facts as may be required by the Board. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall the acceptance of payment be construed as a release of any claim the town may have for further or additional sums payable under the provisions of this chapter. All amounts paid shall be subject to recomputation by the town within 60 days of the receipt of the franchisee’s annual report. This time limitation shall not apply should the franchisee provide false or erroneous information. In the event that recomputation results in additional revenue to be paid to the town, the amount shall be subject to an interest charge at the highest rate permitted by law. Nothing in this provision shall limit the franchisee’s liability to pay other local taxes and charges.
(Prior Code, § 4.1-12) (Ord. passed 9-19-1979)
DESIGN AND CONSTRUCTION
(A) The cable system shall include an “emergency alert” capability which will permit the chairperson or his or her designee to override, by remote control, the video and/or audio of all channels simultaneously broadcasting in the case of public emergencies. The franchisee shall designate a channel which will be used for emergency broadcasts.
(B) The franchisee shall maintain equipment capable of providing standby powering for the head-end. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns.
(Prior Code, § 4.1-13) (Ord. passed 9-19-1979)
(A) The franchisee shall install and maintain a cable system which shall be in accordance with the highest and best accepted standards of the industry, to the end that subscribers shall receive the best possible service. In addition, the franchisee shall comply with all requirements of all duly constituted regulatory agencies having jurisdiction over cable television or the operator of the cable system.
(B) At all times the signal carriage and channel utilization shall conform to the regulations of the FCC, state and other regulatory agencies which are not in conflict therewith. The operator shall provide at least one access channel for each of the following activities, as each of these channels is defined under FCC regulations:
(1) Public access;
(2) Educational access;
(3) Government access; and
(4) Leased access.
(C) Under the test of utilization as prescribed by FCC rules, the operator shall make available additional educational access channels of each type for local use, activated on a schedule as provided in the applicable FCC rules.
(Prior Code, § 4.1-13) (Ord. passed 9-19-1979)
The franchisee shall be diligent in obtaining a certificate of compliance from the FCC. The franchisee shall provide the town with copies of all filings with the FCC or any other agency or person in connection with the application and shall complete formal submission of all documents required by the FCC for its full consideration of the application for the certificate of compliance no later than four months after the effective date of the franchise agreement.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner consistent with all applicable requirements of the National Electrical Code state and local electrical codes and all pole attachment agreements. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety considerations.
(B) All installations shall be underground in those areas of the town where electric service is underground at the time of installation. In areas where electric utility facilities are aboveground at the time of installation, the franchisee may install its service aboveground, with the understanding that, at the time as those facilities are required to be placed underground by the town, the franchisee shall likewise place its services underground without additional cost to the subscribers or the town. It shall be the policy of the Board that underground installation, even when not required, is preferable to the placement of additional poles.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) Nothing in this chapter, or any franchise granted hereunder, shall authorize the franchisee to erect and maintain in the town new poles, where existing poles are servicing the area.
(B) The franchisee shall obtain permission from the Board of Alderpersons before erecting any new poles or underground conduits, where none exist at the time the franchisee seeks to install his or her network.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place or remove from the road or other public place any property of the franchisee when required by the town or state by reason of traffic conditions, public safety, road vacation, road construction, change or establishment of road grade, installation of sewers, drains and water pipes, power lines or any other type of structure or improvement by public agencies.
(B) The franchisee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of the temporary removal, raising or lowering of wires shall be paid by the person requesting the same and the franchisee shall have the authority to require the payment in advance. The franchisee shall be given not less than five days’ advance notice of any move contemplated to arrange for temporary wire changes.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
The Board of Alderpersons may require any part or all of the system to be improved or upgraded (including, without limitation, the increasing of channel capacity and the furnishing of two-way transmissions), if a reasonable need is found therefor after a public hearing has been called for that purpose and may order the improvement or upgrading of the system to be effected by the franchisee within a reasonable time thereafter, provided, that no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
The franchisee’s distribution system in the public roads shall comply with all applicable laws, regulations and ordinances and all of its wires and cables suspended from poles in the roads shall comply with the minimum clearances aboveground required for telephone lines, cables, wires and conduits.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
All wires, conduits, cable and other property and facilities of the franchisee shall be so located constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade traffic and travel upon the roads and public places of the town. The franchisee shall keep and maintain all of its property in good condition, order and repair. The franchisee shall keep accurate maps and records of all of its facilities and furnish copies of the maps and records as requested by the Board of Alderpersons pursuant to § 110.108. A franchisee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone fixtures or with any water hydrants or mains.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
Should any subscriber wish to have underground service in any area normally provided service via overhead (aerial) construction, the subscriber requesting the underground service shall pay all costs attendant to underground construction plus10%, less the normal costs of the equivalent overhead installation, if the overhead service does not exist to the subscriber’s residence.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
BUSINESS OPERATIONS
The franchisee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of production technology will allow. The franchisee shall install additional channel capacity as required to keep channel capacity in excess of demand therefor by users. At all times, the cable system shall be no less advanced than any other system of comparable size and age, excepting only systems which are experimental, pilot or demonstration. The Board of Alderpersons shall order the franchisee to comply with this section in case of specific violations, which it may investigate upon complaint or on its own motion.
(Prior Code, § 4.1-15) (Ord. passed 9-19-1979)
The franchisee shall maintain an office that is open during all business hours, has a publicly listed telephone number and is so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The franchisee shall have a resident manager and engineer and shall have office, marketing, technical and studio staffs professionally trained in the cable communications industry.
(Prior Code, § 4.1-16) (Ord. passed 9-19-1979)
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