113.01 Definitions | 113.29 Tenant’s Rights |
113.02 Intent | 113.30 Right of Individuals |
113.03 Franchise Territory | 113.31 Continuity of Service |
113.04 Police Power | 113.32 Identification of Employees |
113.05 Grant of Franchise | 113.33 Records |
113.06 Franchise Acceptance | 113.34 Regulatory Authority |
113.07 Transfer of Ownership or Control | 113.35 Regulatory Responsibility |
113.08 Franchise Renewal | 113.36 Public Usage of the System |
113.09 Franchise Fee | 113.37 Rates |
113.10 Revocation | 113.38 Performance Review |
113.11 Procedures on Termination | 113.39 System Review |
113.12 Receivership, Condemnation and Foreclosure | 113.40 Annual Reports |
113.13 Franchise Processing Costs | 113.41 System Survey Reports |
113.14 Authority for Use of Streets | 113.42 Complaint File and Reports |
113.15 Conditions on Use of Streets | 113.43 Other Reports and Inspections |
113.16 Erection of Poles | 113.44 Remedies for Franchise Violations |
113.17 Undergrounding | 113.45 Procedure for Remedying Franchise Violations |
113.18 Relocation | 113.46 Excuse of Nonperformance |
113.19 Movement of Buildings | 113.47 Construction Bond |
113.20 System Design and Construction | 113.48 Performance Bond |
113.21 Construction Standards | 113.49 Work Performed by Others |
113.22 Technical Standards | 113.50 Grantee Insurance |
113.23 Services | 113.51 Indemnity |
113.24 Consumer Service Standards | 113.52 Alternative Remedies |
113.25 Proof of Compliance | 113.53 Non-enforcement |
113.26 Complaint Procedures | 113.54 Compliance with Law |
113.27 Subscriber Notice | 113.55 Unauthorized Reception, Use or Sale of Services |
113.28 Quality of Service | 113.56 Waiver or Exemption |
The following words shall have the meaning set forth in this section unless the context clearly requires otherwise:
1.
“Act” or “Cable Act” means the Cable Communications Policy Act of 1984 (47 USC 521 et seq.) as amended by the Cable Television Consumer Protection and Competition Act of 1992.
2.
“Basic cable service” means any service tier which includes, at a minimum, the transmission of local television broadcast signals, and any other television signals other than superstations.
3.
“Basic cable equipment” means the equipment used by subscribers to receive the basic service tier, including, but not limited to, converter boxes, remote controls, connections for additional television sets and cable home wiring.
4.
“Broadcast services” means a broad category of programming which is received from broadcast television, low-power television, and radio stations and is capable of being received in the City.
5.
“Cable communication system” or “system,” also referred to as “cable television system,” “cable system,” “CATV system,” or “community antenna TV system” means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service, which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
A.
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public right-of-way;
C.
A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
D.
Any facilities of any electric utility used solely for operating its electric utility system.
6.
“Cablecast signal” means a nonbroadcast signal that originates within the facilities of the cable communications system.
7.
“Cable service” means the total of the following:
A.
The one-way transmission to subscribers of video programming or other programming services; and
B.
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
8.
“Channel” or “cable channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
9.
“Commence construction” means the time and date when construction of the cable communications system is considered to have commenced, which shall be when the first connection is physically made to a utility pole, or undergrounding of cables is initiated, after preliminary engineering (including strand mapping) and after all necessary permits and authorizations have been obtained.
10.
“Commence operation” means that time and date when operation of the cable communications system is considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of full services to a dwelling unit located within the franchise area.
11.
“Commercial use channel” means the channel capacity designated for commercial use as defined and required by Federal law.
12.
“Completion of construction” means that point in time when all distribution facilities specified in the franchise agreement have been installed by the Grantee so as to permit the offering of cable service to all of the potential subscribers in the franchise area, as well as the provision, in an operational state, or any facilities required by the franchise agreement.
13.
“Control” or “controlling interest” means actual working control or ownership of a Mount Vernon cable system in whatever manner exercised. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) of fifty percent (50%) or more of a Mount Vernon cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity which has control or a controlling interest in a Grantee shall constitute a change in the control or controlling interest of the Mount Vernon cable system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
14.
“Converter” means an electronic device which converts signal carriers from one form to another.
15.
“Developed parcel” means any area of the City where there are at least thirty (30) occupied homes per mile to be served by either aerial cable plants or by cable underground plants as measured from the closest cable television distribution facility.
16.
“Dwelling unit” means any individual or multiple residential place of occupancy.
17.
“FCC” means the Federal Communications Commission and any legally appointed or elected successor.
18.
“Franchise” means the right granted through a franchise agreement between the Grantor and a person by which the Grantor authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use and maintain a system in the City.
19.
“Franchise agreement” means a contractual agreement entered into between the Grantor and any Grantee hereunder which is enforceable by Grantor and said Grantee and which sets forth rights and obligations between Grantor and said Grantee in connection with the franchise.
20.
“Franchise fee” means any assessment imposed hereunder by the Grantor on a Grantee solely because of its status as a Grantee. The term “franchise fee” does not include:
A.
Any tax, fee, or assessment of general applicability (including any such tax for or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against Grantee);
B.
Capital costs which are required by the franchise to be incurred by Grantee for educational or governmental access facilities;
C.
Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, consulting or legal costs, indemnification, penalties or liquidated damages; or
D.
Any fee imposed under Title 17, United States Code.
21.
“Grantee” or “applicant” means any person granted a franchise hereunder, its agents, employees, or subsidiaries.
22.
“Grantor” means the City.
23.
“Gross subscriber receipts” as the term is used in calculating franchise fees, means the revenues actually received by, rather than merely billed by, the Grantee from its cable television subscribers within the City after deducting the following:
A.
Any fees or assessments levied on subscribers or users of the system which are collected by the Grantee for payment to a governmental entity;
B.
Franchise fees paid by the Grantee to the City;
C.
State or local sales or property taxes imposed on the Grantee and paid to a governmental entity; and
D.
Federal copyright fees paid by the Grantee to the Copyright Tribunal in Washington, D.C.
24.
“Initial service area” means the area of the City which will receive service initially, as set forth in the franchise agreement.
25.
“Installation” means the connection of the system from feeder cable to subscribers, terminals, and the initial provision of service.
26.
“Leased access” means the use of the system by any business enterprise or other entity whether profit, nonprofit or governmental to render services to the citizens of the City, and includes, without limitation, all use pursuant to Section 532 of the Act.
27.
“Local origination channel” means any channel where the Grantee or its designated agent is the primary programmer, and provides locally produced video programs to subscribers.
28.
“Normal business hours,” as applied to the Grantee, means those hours during which similar businesses in the City are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week, and/or some weekend hours.
29.
“Normal operating conditions” means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
30.
“Public/Education/Government Access Facilities” or “PEG Access Facilities” means the total of the following:
A.
Channel capacity designated for public, educational or governmental use; and
B.
Facilities and equipment for the use of such channel capacity.
31.
“Resident” means any person residing in the City as otherwise defined by applicable law.
32.
“School” means any public or private elementary school, secondary school, junior college, college or university which conducts classes or provides instructional services and which has been granted a certificate of recognition by the State of Iowa.
33.
“Service area” or “franchise area” means the entire geographic area within the City designated in a franchise agreement to receive cable service.
34.
“Service interruption” means the loss of picture or sound on one or more cable channels.
35.
“Street” means the surface of and the space above and below any public street, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway, driveway or other public way now or hereafter existing as such within the City.
36.
“Subscriber” means any person who legally receives any one or more of the services provided by the system.
The City finds that the development of cable communications systems has the potential of great benefit and impact upon the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City finds that the public health, safety and general welfare can best be served by establishing certain regulatory powers in the City as this chapter shall designate. It is the intent of this chapter to provide for the means to attain the best possible communication and developmental results in the public interest and for such public purpose, in these matters. Any franchise granted pursuant to this chapter shall be deemed to include these findings as an integral part thereof.
A franchise granted under this chapter is for the territorial limits of the City as they may exist now and in the future.
1.
Grantee shall offer service to all residents and public buildings within the franchise territory without regard to the race, religion, income, national origin, disability status, age, or gender of the subscriber, subject to the following: Whenever the Grantee receives a request for service from at least ten (10) single family residences (connections) within one thousand five hundred (1500) feet of its distribution cable, it shall extend the CATV system to such subscribers at no cost to the subscribers other than the usual connection and service fees for all subscribers, provided that such CATV system extension is technically and physically feasible. Measurement of the general density standard for service to any area shall be from the closest existing point of the Grantee’s CATV system. No person in the Grantee’s service area shall be arbitrarily refused service. However, in unusual circumstances or service to subscribers of a density of less than ten (10) single family residences per one thousand five hundred (1500) feet of the distribution cable, in order that the existing subscribers shall not be unfairly burdened, service may be made available on the basis of a capital contribution by the prospective subscriber to the Grantee, including reimbursement for the Grantee’s cost of materials, labor, and easements.
2.
Grantee shall offer service at equal rates, and on an equal basis with regards to deposits and service packages, to residential subscribers. Grantee may, however, discontinue or refuse service to subscribers and potential subscribers who have not paid applicable charges. Further, the Grantee may offer special services or rates to senior citizens, or services to commercial subscribers at rates different from those charged residential subscribers, which shall include, but not be limited to, charges for installation on a time and material basis. The Grantee may also enter into separate contracts with multiple dwelling unit buildings and may charge discounted rates for services based upon single point billing or other contractual considerations. This section does not preclude the Grantee from offering promotional rates for service introductions or temporary promotional discounts.
3.
Grantee shall provide a drop and basic service for one outlet, at no charge, to all current and future public buildings, including, but not limited to, City Hall, fire stations, public libraries (Cole Library of Cornell College), and public schools that are presently located in the existing cable TV service area. Any new public buildings, schools, city halls, fire stations, public libraries (including Cornell College) must be located within 500 feet of the CATV system to receive basic service for one outlet at no charge.
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