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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.
1.
Application. All applicants for a franchise under this chapter shall prepare and file a written application with the Grantor in such form as the Grantor shall designate.
2.
Review of Application. Upon receipt of an application under this chapter, the Grantor shall review the same and make the application available for public inspection at such places as the Grantor shall designate. A decision shall be made on the application by the Grantor after evaluation thereof. The Grantor may grant one (1) or more franchises, or may decline to grant any franchise.
3.
Franchise Required. Subject to Federal and State law, no cable system shall be allowed to occupy or use the streets in the franchise area or be allowed to operate without a franchise granted in accordance with the provisions of this chapter.
4.
Franchise Nonexclusive. Any franchise granted under this chapter shall be revocable and nonexclusive.
5.
Franchise Requirements. Grantor may establish appropriate requirements for new franchises or franchise renewals, and may modify these requirements from time to time to reflect changing conditions and technology in the cable industry.
6.
Grant. In the event the Grantor shall grant to a Grantee or renew a nonexclusive, revocable franchise to construct, operate, maintain and reconstruct a cable system within the franchise area, said franchise shall constitute both a right and an obligation to provide the service of a cable system as required by this chapter and the terms of the franchise agreement.
7.
Conflicts with Federal or State Laws. Any franchise granted under this chapter shall be consistent with Federal laws and regulations and State general laws and regulations. In the event of a conflict between the terms and conditions of the franchise agreement and the terms and conditions of Federal or State law under which Grantor can grant a franchise, except where the application of such Federal or State law would impose inconsistent or additional material obligations or duties upon Grantee, such general law or requirements shall control.
8.
Ordinance Revisions. Any franchise granted under this chapter is hereby made subject to any revisions of this chapter or the general ordinances of the City, provided that such revisions do not materially alter or impair the obligations of Grantee set forth in any franchise agreement.
9.
Term. The term of any new or renewal franchise granted under this chapter shall be established in the franchise agreement, provided that in no event shall any franchise granted under this chapter exceed the term of fifteen (15) years.
10.
Other Licenses or Permits. A franchise granted under this chapter shall not take the place of any other license or permit legally required of a Grantee.
1.
To accept a franchise granted under this chapter, a Grantee must file any required bonds, funds and proof of insurance, as well as written notice of acceptance with the Clerk within 45 days of the effective date of the franchise agreement. Such written notice shall include a certification that the Grantee:
A.
Will comply with this chapter, any franchise agreements made pursuant to this chapter, and all applicable City, County, State and Federal regulations in regard to the construction, operation and maintenance of a cable system;
B.
Accepts the franchise relying on its own investigation and understanding of the power and authority of the Grantor to grant the franchise and the terms and conditions thereof;
C.
Acknowledges that it has not been induced to enter into the franchise by any understanding or promise or by other statement, whether written or verbal, by or on behalf of the Grantor or by any other third person concerning any term or condition of the franchise or chapter not expressed herein;
D.
Shall have no recourse whatsoever against the Grantor for any loss, cost, expense or damage arising out of any provision or requirement of a franchise or the enforcement thereof, or for the failure of the Grantor to have authority to grant any or all parts of the franchise;
E.
Agrees that, in the event of any conflict between the chapter and the franchise agreement, the terms of the franchise agreement shall prevail.
F.
Will not at any time claim in any proceeding involving the Grantor that any condition or term of the franchise or chapter is unreasonable, arbitrary or void, or that the Grantor had no power or authority to make any such term or condition, but shall accept the validity of the terms and conditions of the franchise and this chapter in their entirety, except as provided by local, State, Federal law or FCC rules and regulations.
2.
A Grantee of a franchise granted or transferred under this chapter may, at the time of acceptance of the franchise, provide an initial payment to the Grantor in the amount of the Grantor’s cost for printing and publication cost incurred in granting the franchise.
1.
Transfer of Franchise. Any franchise granted under this chapter shall be a privilege to be held for the benefit of the public. Any franchise so granted cannot, in any event, be sold, transferred, leased, assigned or disposed of, including, but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means, without the prior written consent of the Grantor, and then only under such reasonable conditions as the Grantor may establish. Such consent as required by the Grantor shall be given or denied no later than one hundred twenty (120) days following any request, and shall not be unreasonably withheld. Prior consent shall not be required when transferring the franchise between wholly owned subsidiaries of the same entity.
2.
Ownership or Control. The Grantee shall promptly notify in writing the Grantor of any proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or transfer by any person or group of persons of fifty percent (50%) or more of the beneficial ownership interest of the Grantee. Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to cancellation unless and until the Grantor shall have consented in writing thereto, which consent shall be given or denied no later than one hundred and twenty (120) days following any request, and shall not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the Grantor may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the Grantor in any such inquiry. In seeking the Grantee’s consent to any change in ownership or control, the Grantee shall have the responsibility:
A.
To show to the satisfaction of the Grantor whether the proposed purchaser, transferee, or assignee (the “proposed transferee”), which in the case of a corporation shall include all directors and all persons having a legal or equitable interest in fifty percent (50%) or more of the voting stock:
(1) Has ever been convicted or held liable for acts involving moral turpitude including, but not limited to, any violation of Federal, State or local law or regulations, or is presently under an indictment, investigation or complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit or misrepresentation entered against it, her, him, or them by any court of competent jurisdiction; or
(3) Has pending any legal claim, lawsuit or administrative proceeding arising out of or involving a cable system.
B.
To establish, to the satisfaction of the Grantor, the financial solvency of the proposed transferee by submitting all current financial data for the proposed transferee which the Grantee was required to submit in its franchise application, and such other data as the Grantor may request, where the same shall be audited, certified and qualified by a certified public accountant.
C.
To establish to the satisfaction of the Grantor that the financial and technical capability of the proposed transferee is such as shall enable it to maintain and operate the cable system for the remaining term of the franchise under the existing franchise terms.
3.
Any financial institution having a pledge of the franchise or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notify the Grantor that the financial institution, or its designee, as approved in writing by the Grantor, shall take control and operate the cable system in the event of a Grantee default in its financial obligations. Further, said financial institution shall also submit a plan for such operation that will ensure continued service and compliance with all franchise requirements during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one (1) year unless extended by the Grantor in its discretion, but during said period of time it shall have the right to petition the Grantor to transfer the franchise to another Grantee. Except insofar as the enforceability of this subsection may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally, and further subject to applicable Federal, State or local law, if the Grantor finds that such transfer after considering the legal, financial, character, technical and other public interest qualities of the proposed transferee is satisfactory, the Grantor shall transfer and assign the right and obligations of such franchise as in the public interest. The consent of the Grantor to such transfer shall be given or denied no less than one hundred and twenty (120) days after any request, and shall not be unreasonably withheld.
4.
The consent or approval of the Grantor to any transfer by the Grantee shall not constitute a waiver or release of the rights of the Grantor in and to the streets, and any transfer shall by its terms, be expressly subject to the terms and conditions of any franchise.
5.
In the absence of extraordinary circumstances, the Grantor shall not approve any transfer or assignment of the franchise prior to completion of initial construction of the cable system.
6.
In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory of the franchise agreement.
7.
The Grantor may approve the transfer, deny the transfer with cause, or conditionally approve the transfer, provided that the Grantor shall not unreasonably refuse to approve the transfer or condition the transfer upon unreasonable conditions. The conditions the Grantor may attach to the transfer approval may include, but are not limited to: reimbursement for reasonable and necessary expenses incurred in evaluating the transfer request; remedy of any existing or historical violations of City ordinances or the franchise agreement; payment of all fees and penalties owed by the Grantee at the time of transfer approval; and a guarantee by the prospective transferee to abide by any and all ordinances, agreements and conditions placed upon the franchise and system by the Grantor and existing Grantee, unless mutually removed by the Grantor and Grantee.
8.
When the Grantee approves a transfer under this section, the new Grantee shall indicate acceptance of the franchise as specified in Section 113.06, including the filing of all necessary bonds, funds, proofs of insurance and certifications.
1.
The Grantor may decide to renew a franchise granted under this chapter if the Grantee files a written request for such a renewal. At the time of such request, the Grantor may update this chapter and reevaluate the needs of the community for cable service and the performance of the Grantee.
2.
To the extent applicable, of the Cable Act shall govern the procedures and standards for renewal of any franchise awarded pursuant to this chapter.
3.
To the extent that the Cable Act is not applicable, the Grantor in its sole discretion and judgment shall have the right to grant, deny or conditionally grant renewal of a franchise, provided that the Grantor shall not unreasonably refuse to renew the franchise or unreasonably condition the renewal. The conditions that Grantor may place on its approval shall include, but are not limited to: reimbursement for reasonable expenses incurred in evaluating the request for renewal, updating the chapter and surveying community cable needs, remedy of historical or existing violations of the franchise or chapter; payment of all fees and penalties owed by the Grantee at the time of the renewal; acceptance of any updated chapter; and acceptance of any updated franchise agreement.
4.
Unless otherwise agreed upon, any amended cable ordinance or provision thereunder adopted before the franchise renewal shall take effect at the franchise renewal.
5.
When the Grantor approves a franchise renewal, the Grantee shall accept the renewed franchise under the procedures set out in Section 113.06.
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