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Montevideo Overview
Montevideo, MN Code of Ordinances
CITY CODE of MONTEVIDEO, MINNESOTA
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHARTER
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS AND LICENSE REGULATIONS
TITLE 4 PUBLIC HEALTH AND SAFETY
TITLE 5 POLICE REGULATIONS
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 UTILITIES
TITLE 9 FRANCHISES
CHAPTER 1 CABLE TV FRANCHISE
9-1-1: OVERVIEW:
9-1-1-1: STATEMENT OF INTENT AND PURPOSE:
9-1-1-2: FINDINGS:
9-1-2: SHORT TITLE:
9-1-3: DEFINITIONS:
9-1-4: GRANT OF AUTHORITY AND GENERAL PROVISIONS:
9-1-4-1: GRANT OF FRANCHISE:
9-1-4-2: GRANT OF NONEXCLUSIVE AUTHORITY:
9-1-4-3: LEASE OR ASSIGNMENT PROHIBITED:
9-1-4-4: FRANCHISE TERM:
9-1-4-5: PREVIOUS FRANCHISES:
9-1-4-6: COMPLIANCE WITH APPLICABLE LAWS, RESOLUTIONS AND ORDINANCES:
9-1-4-7: RULES OF GRANTEE:
9-1-4-8: TERRITORIAL AREA INVOLVED:
9-1-4-9: WRITTEN NOTICE:
9-1-4-10: OWNERSHIP OF GRANTEE:
9-1-5: CONSTRUCTION STANDARDS:
9-1-5-1: REGISTRATION, PERMITS, CONSTRUCTION CODES, AND COOPERATION:
9-1-5-2: ONGOING CONSTRUCTION:
9-1-5-3: USE OF EXISTING POLES OR CONDUITS:
9-1-5-4: MINIMUM INTERFERENCE:
9-1-5-5: DISTURBANCE OR DAMAGE:
9-1-5-6: TEMPORARY RELOCATION:
9-1-5-7: EMERGENCY:
9-1-5-8: TREE TRIMMING:
9-1-5-9: PROTECTION OF FACILITIES:
9-1-5-10: INSTALLATION RECORDS:
9-1-5-11: LOCATING FACILITIES:
9-1-5-12: CITY'S RIGHTS:
9-1-5-13: FACILITIES IN CONFLICT:
9-1-5-14: RELOCATION DELAYS:
9-1-5-15: INTERFERENCE WITH CITY FACILITIES:
9-1-5-16: INTERFERENCE WITH UTILITY FACILITIES:
9-1-5-17: COLLOCATION:
9-1-5-18: SAFETY REQUIREMENTS:
9-1-6: DESIGN PROVISIONS:
9-1-6-1: SYSTEM UPGRADE/CONSTRUCTION; MINIMUM CHANNEL CAPACITY:
9-1-6-2: CONSTRUCTION TIMETABLE:
9-1-6-3: INTERRUPTION OF SERVICE:
9-1-6-4: EMERGENCY ALERT CAPABILITY:
9-1-6-5: TECHNICAL STANDARDS:
9-1-6-6: SPECIAL TESTING:
9-1-6-7: FCC REPORTS:
9-1-6-8: ANNEXATION:
9-1-6-9: LINE EXTENSION:
9-1-6-10: NONVOICE RETURN CAPABILITY:
9-1-6-11: LOCKOUT DEVICE:
9-1-7: SERVICE PROVISIONS:
9-1-7-1: REGULATION OF SERVICE RATES:
9-1-7-2: NONSTANDARD INSTALLATIONS:
9-1-7-3: SALES PROCEDURES:
9-1-7-4: CONSUMER PROTECTION AND SERVICE STANDARDS:
9-1-7-5: SUBSCRIBER CONTRACTS:
9-1-7-6: REFUND POLICY:
9-1-7-7: LATE FEES:
9-1-7-8: LOCAL OFFICE POLICY:
9-1-8: ACCESS CHANNEL(S) PROVISIONS:
9-1-8-1: GRANTEE SUPPORT FOR PEG ACCESS:
9-1-9: OPERATION AND ADMINISTRATION PROVISIONS:
9-1-9-1: ADMINISTRATION OF FRANCHISE:
9-1-9-2: DELEGATED AUTHORITY:
9-1-9-3: FRANCHISE FEE:
9-1-9-4: NOT FRANCHISE FEES:
9-1-9-5: ACCESS TO RECORDS:
9-1-9-6: REPORTS AND MAPS TO BE FILED WITH CITY:
9-1-9-7: PERIODIC EVALUATION:
9-1-9-8: FRANCHISE MODIFICATIONS:
9-1-10: GENERAL FINANCIAL AND INSURANCE PROVISIONS:
9-1-10-1: PERFORMANCE BOND:
9-1-10-2: LETTER OF CREDIT:
9-1-10-3: LIABILITY INSURANCE:
9-1-10-4: INDEMNIFICATION:
9-1-10-5: GRANTEE'S INSURANCE:
9-1-11: SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE:
9-1-11-1: CITY'S RIGHT TO REVOKE:
9-1-11-2: PROCEDURES FOR REVOCATION:
9-1-11-3: ABANDONMENT OF SERVICE:
9-1-11-4: REMOVAL AFTER ABANDONMENT, TERMINATION OR FORFEITURE:
9-1-11-5: SALE OR TRANSFER OF FRANCHISE:
9-1-12: PROTECTION OF INDIVIDUAL RIGHTS:
9-1-12-1: DISCRIMINATORY PRACTICES PROHIBITED:
9-1-12-2: SUBSCRIBER PRIVACY:
9-1-13: UNAUTHORIZED CONNECTIONS AND MODIFICATIONS:
9-1-13-1: UNAUTHORIZED CONNECTIONS OR MODIFICATIONS PROHIBITED:
9-1-13-2: REMOVAL OR DESTRUCTION PROHIBITED:
9-1-13-3: PENALTY:
9-1-14: MISCELLANEOUS PROVISIONS:
9-1-14-1: FRANCHISE RENEWAL:
9-1-14-2: WORK PERFORMED BY OTHERS:
9-1-14-3: AMENDMENT OF FRANCHISE ORDINANCE:
9-1-14-4: COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
9-1-14-5: NONENFORCEMENT BY CITY:
9-1-14-6: RIGHTS CUMULATIVE:
9-1-14-7: GRANTEE ACKNOWLEDGMENT OF VALIDITY OF FRANCHISE:
9-1-14-8: FORCE MAJEURE:
9-1-15: PUBLICATION EFFECTIVE DATE; ACCEPTANCE:
9-1-15-1: PUBLICATION, EFFECTIVE DATE:
9-1-15-2: ACCEPTANCE:
9-1-16: EXHIBITS:
CHAPTER 2 ELECTRIC FRANCHISES
CHAPTER 3 GAS FRANCHISE
TITLE 10 BUILDING REGULATIONS
TITLE 11 ZONING REGULATIONS
TITLE 12 SUBDIVISION REGULATIONS
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9-1-7: SERVICE PROVISIONS:
9-1-7-1: REGULATION OF SERVICE RATES:
City may regulate rates for the provision of cable service, equipment, or any other communications service provided over the system to the extent allowed under federal or state law(s). City reserves the right to regulate rates for any future services to the extent permitted by law. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-7-2: NONSTANDARD INSTALLATIONS:
Grantee shall install and provide cable service to any person requesting other than a standard installation provided that said cable service can meet FCC technical specifications and all payment and policy obligations are met. In such case, grantee may charge for the incremental increase in material and labor costs incurred beyond the standard installation. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-7-3: SALES PROCEDURES:
In its initial face to face communication with a nonsubscriber, grantee shall inform the nonsubscriber of all levels of service available by providing a rate card outlining all available services and rates. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-7-4: CONSUMER PROTECTION AND SERVICE STANDARDS:
Grantee shall 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.   Grantee will maintain a local, toll free or collect call telephone access line which will be available to its subscribers twenty four (24) hours a day, seven (7) days a week.
         a.   Trained grantee representatives will be available to respond to subscriber 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 thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis.
      3.   Grantee shall not be required to acquire equipment and/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 subscriber will receive a busy signal less than three percent (3%) of the time.
      5.   Customer service center and bill payment locations will be available at least during normal business hours.
   B.   Installations, Outages And Service Calls: Under normal operating conditions, each of the following four (4) standards will be met no less than ninety five percent (95%) of the time measured on a quarterly basis:
      1.   Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to one hundred fifty feet (150') from the existing distribution system.
      2.   Excluding conditions beyond the control of grantee, grantee will begin working on "service interruptions" promptly and in no event later than twenty four (24) hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification of the service problem. Grantee shall resolve all service interruptions within forty eight (48) hours under normal operating conditions.
      3.   The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during normal business hours. (Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)
      4.   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 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.   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;
            (4)   Instructions on how to use the cable service;
            (5)   Channel positions of the programming carried on the system; and
            (6)   Billing and complaint procedures, including the address and telephone number of the city.
         b.   Subscribers 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 thirty (30) days in advance of such changes if the changes are within the control of the grantee. In addition, the grantee shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by subsection C1a of this section. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fee, or other fees, tax, assessment or charge of any kind imposed by any federal agency, state or city 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 thirty (30) days.
      3.   Refunds: Refund checks will be issued promptly, but no later than either:
         a.   The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
         b.   The return of the equipment supplied by grantee if service is terminated.
      4.   Credits: Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.
Grantee shall, upon request, provide city with a quarterly compliance report specific to the system serving city, which report shall, at a minimum, describe in detail grantee's compliance with each and every term and provision of this section 9-1-7 and any additional customer service requirements contained in grantee's franchise. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-7-5: SUBSCRIBER CONTRACTS:
Grantee shall file with city any standard form residential subscriber contract utilized by grantee. If no such written contract exists, grantee shall file with the city a document completely and concisely stating the length and terms of the subscriber contract offered to customers. The length and terms of any subscriber contract(s) shall be available for public inspection during normal business hours. A list of grantee's current subscriber rates and charges for cable service shall be maintained on file with city and shall be available for public inspection. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-7-6: REFUND POLICY:
In the event a subscriber establishes or terminates service and receives less than one full month of service, grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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