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(A) For the better protection of the public interest, health, safety, welfare, and convenience, and in order to provide for the city a cable television system which will serve the present and future needs of its citizens and the general public; its government, public institutions, commercial enterprises, and lawful public and private organizations, the following rules and regulations are hereby adopted pursuant to the statutory authority contained in G.S. §§ 160A-511 and 160A-319, and specifically in furtherance of the policies of the state as set forth in G.S. §§ 143B et seq., known as the Public Telecommunications Act. These rules and regulations set forth the conditions, requirements, and limitations under which a person may construct, have constructed, operate, and maintain a cable television system and engage in the business of providing a cable television service in the city.
(B) The system in its establishment, construction, operation, and maintenance shall be subject to and in compliance with the terms herein and the franchise agreement referred to herein, and all pertinent laws, rules, regulations, orders, and policies of the Federal Communications Commission, the state, the county, the city, and all governmental agencies having jurisdiction over the same.
(Ord. 20, passed 8-5-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is always mandatory and not merely directory.
CABLE (COMMUNITY ANTENNA) TELEVISION SERVICE. The business of furnishing to the public for compensation, by means of a master antenna or cables or both, broadcast TV programs obtained off the air, together with any other program material of all descriptions and forms, and any transmission along the energized cable, and any advertising as may be allowed from time to time by the rules and regulations of the Federal Communication Commission and other applicable law.
CABLE TELEVISION SYSTEM or CATV SYSTEM. Any facility operating in or serving in any manner the city that, in whole or in part:
(1) Receives directly or indirectly over the air, or which creates and originates, and amplifies or otherwise modifies, any audio, video, and other forms of electronic or electrical signals, whether broadcast by one or more television or radio stations, transmitted by satellite or microwave facilities, or whether created and originated by the facility or reproduced by it electronically or by means of film, videotape, videodisc, or any other process;
(2) Transmits, receives, or otherwise originates, detects, processes, interprets, transacts, collates, or compiles data or any other form of electronic, electrical, or computer signals of all sorts, including, but not limited to, QUBE and other two-way services, remote power meter readings, burglar alarm services, teletext services, and the like; and
(3) Distributes the signals by any system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities to or from subscribing members of the public. This definition shall not include:
(a) Any facility that serves or will serve only subscribers in one or more apartment dwellings or multiple unit dwellings under common ownership, control, or management, and commercial establishments located on the premises thereof; or
(b) Any facility that serves fewer than 50 subscribers which does not use city rights-of-way.
CATV. Cable (community antenna) television.
FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license, or otherwise to construct, or have constructed, operate, and maintain a system in the city for the purpose of providing cable television service to the citizens of the city. Any such authorization, in whatever terms granted, shall not include any license or permit authorization required for the privilege of transacting and carrying on a business within the city in accordance with the Privilege License Ordinance adopted annually by the Council of the city.
GRANTEE. The person to whom a franchise is granted by the City Council under this chapter, and the lawful successor, transferee, or assignee of that person.
GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for any and all cable services in the community (including all forms of consideration, such as initial lump sum payments).
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
PROPERTY OF GRANTEE. All property owned and installed by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
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, or drive, existing as such within the franchise area.
SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of a grantee.
(Ord. 20, passed 8-5-1982)
(A) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation, or maintenance of a community antenna television system in the city unless the person or the person for whom the work is being done shall have first obtained a franchise from the City Council. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the city unless the person shall have first obtained a franchise from the City Council.
(B) A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the City Clerk. The application shall contain the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parent, and subsidiary companies and of stockholders owning or controlling as much as 3% of the outstanding stock, and shall include a certified copy of the articles of incorporation;
(2) A statement showing the applicant’s experience in establishing a system and in providing a service;
(3) A certified financial statement prepared by a certified public accountant, or person otherwise satisfactory to the City Council, or other financial data acceptable to the Mayor, showing the applicant’s financial status and its financial ability to complete the construction and installation of the proposed system and to provide the proposed service. In connection therewith, information with respect to financial projections, including nature and sources of capital or equity financing, shall be submitted along with the application;
(4) A statement and description of the system, prepared by or approved by a licensed professional engineer in the electronics field, proposed to be constructed, installed, maintained, or operated by the applicant; the manner in which the applicant proposes to construct, install, maintain, and operate the same; and, particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;
(5) A copy of any arrangement, agreement, or contract, if existing, between the applicant and any public utility providing for the use of facilities of the public utility, such as poles, lines, cables, or conduits;
(6) A statement setting forth all agreements and understandings, whether written, oral, or implied, existing between the applicant and any person, with respect to the ownership, control, or transfer of the proposed franchise or the proposed CATV system and service. If a franchise is granted to a person posing as a front or as the representative of another person and the information is not disclosed in the original application, the franchise shall be deemed void and of no force and effect whatsoever;
(7) A statement or schedule of proposed rates and charges to subscribers for installation and services; and
(8) Any additional information which the City Council, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(C) Upon consideration of any such application, the City Council shall determine the applicant’s qualifications to construct, operate, and maintain a CATV system and to provide a CATV service in accordance with the provisions of this chapter. If the City Council determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the City Council determines that the applicant is so qualified, it may, by ordinance, grant a franchise to the applicant, to be effective as provided in § 112.05. Provided, however, no provision of this chapter may be deemed or construed as to require the granting of a franchise when the City Council determines that to do so would not be in the public interest. Any franchise granted shall include the following condition:
“The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Locust and no other purpose whatsoever.”
(Ord. 20, passed 8-5-1982) Penalty, see § 10.99
(A) Within 25 days after the City Council has taken final action to approve the granting of a franchise, the grantee shall file a written acceptance of the conditions required for the franchise, acknowledged before a notary public, with the City Clerk. The acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this chapter and the franchise, and shall be in such form and content as to be satisfactory to and approved by the City Attorney.
(B) Concurrently with the filing of the written acceptance, the grantee shall file with the City Clerk the bond and insurance policies required by § 112.12.
(C) The effective date of the franchise shall be the date the grantee files its written acceptance of the conditions required for the franchise in accordance with the provision of division (A) of this section.
(Ord. 20, passed 8-5-1982)
(A) The franchise shall be nonexclusive and shall be for a term as specified in the franchise, not to exceed 15 years.
(B) (1) Except as herein provided, no transfer of control of the CATV shall take place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance, or any other form of disposition, without prior notice to and approval by the City Council. Provided, that the transfer, alteration, substitution, or conveyance of shares within the parent, holding corporation, subsidiaries, or corporations in the control (as hereinafter defined) of the franchisee’s parent corporation shall not constitute transfer of control. Provided further, that transfer of control shall include any situation when 10% or more of the shares is transferred to any entity outside the control (as hereinafter defined) of the parent corporation. The notice shall include full identifying particulars of the proposed transaction, and the City Council shall either approve or disapprove the transfer by resolution, within 60 days of the receipt of the notice.
(2) The consent or approval of the City Council to any assignment, lease, transfer, sublease, or mortgage of the grantee shall not constitute a waiver or release of the rights of the city in and to the streets.
(3) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CONTROL. Is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
(4) A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of 10% of the voting shares of any corporate grantee.
(5) In the absence of extraordinary circumstances, the City Council will not approve any transfer or assignment of the grantee before completion of initial construction of the energized cable.
(6) Notwithstanding anything herein to the contrary, the franchisee may hypothecate or pledge its interest in this franchise for the purpose of obtaining financing, the proceeds of which shall be utilized in the construction, maintenance, and operation of a cable television system authorized under the terms of this chapter. Any change in ownership or control of the system resulting from the pledge or hypothecation shall not become absolute without:
(a) The approval of the city; and
(b) Any new grantee filing with the city its written acceptance of this chapter, the franchise, and all the conditions thereto. The acceptance shall be filed within 60 days following the date of the change.
(C) The City Council may terminate the franchise prior to the date of expiration upon a finding, made after 30 days’ notice of any proposed termination and public hearing, that:
(1) The grantee has failed to comply in some material respect with any of the provisions of this chapter, or has, by any act or omission, violated in some material respect any term or condition of any franchise or permit issued hereunder;
(2) The grantee made a material, false statement in the application for the franchise, or in any information submitted pursuant to § 112.07(B) knowing it to be false; or
(3) The grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with service which is regular, adequate, and proper.
(D) In the event that the use of any tangible part of the CATV system is discontinued for any reason for a continuous period of 90 days, or the franchise has been terminated, cancelled, or has expired, the grantee shall promptly remove from the streets or public places all the property of the system, other than that which the Mayor may permit to be abandoned in place, and as directed by the Mayor shall either restore the street or pay the city for restoring the street or other area from which the property has been removed to a condition for public use as good as the abutting portions thereof. Any property remaining in place 60 days after the termination or expiration of the franchise shall be considered permanently abandoned.
(Ord. 20, passed 8-5-1982)
(A) The grantee of any franchise issued pursuant to the provisions of this chapter shall be authorized, subject to approval of plans by the Mayor, to construct or have constructed, operate, and maintain a CATV system and to engage in the business of providing a CATV service in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, and retain in, over, on, under, upon, across, and along any public street, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other, property, excepting poles, as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the city.
(B) (1) The grantee may initially charge subscribers and users of the CATV system for services up to the amounts specified in its schedule of rates and charges as proposed in its franchise application and approved by the City Council. The maximum rates shall be in effect for a minimum period of two years from the date of completion of installation of the CATV systems capable of effectively serving no less than 60% of the customers proposed in the approved initial plans.
(2) The grantee may establish rates for service from time to time thereafter not greater than the rates for equivalent service charge under the franchise granted by the City of Albemarle, or under the franchise granted by the county, whichever is less.
(C) The grantee shall not engage in the sale, service, repair, rental, or lease of television receivers, radio receivers, parts or accessories, nor shall any employee or stockholder hold any interest in any such business venture in the County. The grantee shall not require or attempt to influence its subscribers to deal with any particular person in regard to the above-mentioned services.
(D) Construction and maintenance of the CATV system, including house connection, shall be in accordance with the provisions of:
(1) The National Electrical Safety Code of the Institute of Electrical and Electronic Engineers;
(2) The National Electronic Code of the National Fire Protection Association; and
(3) The Southern Bell Telephone System’s Code of Pole Line Construction.
(Ord. 20, passed 8-5-1982; Ord. -, passed 10-7-1982)
(A) The poles used for a distribution system shall be those erected and maintained by the city, the power company, the telephone company, or either, whenever agreement can be reached with the owners of the poles. Any poles, wires, cables, conduits, or other properties to be realigned or reset to permit their use for purposes of the grantee under an agreement with the owner thereof shall be constructed or installed only at such locations and depths and in such manner as shall be approved by the owner and the Mayor. They shall be located so as to cause minimum interference with the proper use of streets and to cause minimum interferences with the rights or reasonable convenience of the general public and of property owners who adjoin the streets.
(B) The installation of the facilities, including service drops to subscribers, shall be made underground in areas where facilities of both the telephone company and the power company are underground or hereafter may be placed underground. In addition to the foregoing, installation of the facilities shall be made underground when required by city ordinances or policies.
(C) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, or any other type of structures or improvements by the city, and the city shall not be liable for any disturbance of the grantee’s installations resulting therefrom. The grantee shall carry out the instructions and directions of the Mayor whenever it is necessary to raise or remove any of the grantee’s wires or cables temporarily for the purpose of moving or removing buildings or structures on the public streets of the city, and shall perform such tree trimming or other maintenance work as shall be required or as shall be directed by the Mayor, all at the grantee’s expense.
(D) Whenever a grantee takes up or disturbs any pavement, sidewalk, or other improvement of any street, the same shall be replaced and the surface restored in as good condition as before entry in accordance with ordinances, regulations, technical standards, and fee schedules of the city as administered by the Mayor. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which shall be clearly designated by warning lights of approved types.
(Ord. 20, passed 8-5-1982)
(A) Within 30 days after the effective date of the franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business including, but not limited to, any utility joint use attachment agreements.
(B) Within 90 days after obtaining all necessary permits, licenses, and authorizations, the grantee shall commence construction and installation of the CATV system.
(C) Within one year after obtaining all necessary permits and authorization, the grantee shall proceed to render to subscribers in at least 40% of the franchise area, and the completion of the system shall be pursued with reasonable diligence thereafter with extension of service to the remaining franchise area within the next succeeding year.
(D) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of the franchise, under and pursuant to the terms of § 112.06; provided, however, the City Council may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(E) The grantee shall, upon request, file a map with the city at the close of each franchise year, showing the areas and locations of the city being served by the CATV system and the location and identification of component parts of the system.
(Ord. 20, passed 8-5-1982)
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