114.01 Short Title | 114.09 General Financial and Insurance Provisions |
114.02 Definitions | 114.10 Revocation, Sale, Receivership, and Transfer of Franchise |
114.03 Grant of Authority and General Provisions | 114.11 Protection of Individual Rights |
114.04 Construction Standards | 114.12 Unauthorized Connections and Modifications |
114.05 Operations Provisions | 114.13 Miscellaneous Provisions |
114.06 Services Provisions | 114.14 Exhibit A: Service To Public Buildings |
114.07 Community Programming Provisions | 114.15 Exhibit B: Consumer Protection Standards |
114.08 Operation and Administration Provisions | |
For the purposes of this franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein.
1. “Basic cable service” means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by State or federal law to be carried on the basic tier. Basic cable service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7) (1993).
2. “Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, the Telecommunications Act of 1996 and as may, from time to time, be amended.
3. “Cable Board” or “Board” means the Cable Board of the City of Orange City, Iowa appointed by the Council.
4. “Cable service” means:
A. The one-way transmission to subscribers of video programming or other programming service; and
B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
5. “Cable television system”, “system,” or “cable 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 subscribers without using any public rights-of-way;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a cable system to the extent such facility whether on a common carrier basis or otherwise 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. “Channel” means a portion of the electromagnetic spectrum which is used in a cable system and which is capable of delivering either one standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals.
7. “Class IV Cable Communications Channel” means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the system.
8. “Complaint” means any written allegation or assertion of noncompliance with, or nonperformance of, the terms and conditions of this franchise made by a subscriber which is received by the Grantee.
9. “Converter” means an electronic device which converts signals to a frequency acceptable to a television receiver of a subscriber and by an appropriate selector permits a subscriber to view all subscriber signals included in the service.
10. “Drop” means the cable that connects the ground block on the subscriber’s residence to the nearest feeder cable of the system.
11. “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
12. “Franchise fee” means the fee set forth in Section 114.08 of this chapter.
13. “Grantee” is Zylstra Communications Corporation, its agents and employees, lawful successors, transferees, or assignees.
14. “Grantor” or “City” means the City of Orange City, acting through its Council.
15. “Gross revenues” means all revenue received from the provision of cable service, as defined, received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has financial interest of five percent or more from the operation of its system within City including but not limited to basic cable service fees, cable programming service fees, pay television fees, installation and reconnection fees, upgrade and downgrade fees, advertising revenues, converter rental and lockout device fees and on which a franchise fee has not previously been paid. The term gross revenues shall not include late fees or any taxes or fees on services furnished by Grantee imposed directly on any subscriber or user by any municipality, State, or other governmental unit and collected by Grantee for such governmental unit nor shall include revenues for signals originating in or passing through the franchise area unless Grantee receives revenue for such signal which has not already otherwise been directly or indirectly subject to a franchise fee or similar tax, in which case said revenues will be considered gross revenues for the purpose of this franchise.
16. “Installation” means the connection of the system from feeder cable to the point of connection, including standard installations and custom installations.
17. “Lockout device” means an optional mechanical or electrical accessory to a subscriber’s terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable communication system.
18. “Normal business hours” means those hours during which most similar businesses in the community 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.
19. “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, regular peak or seasonal demand periods, and maintenance or upgrade of the system.
20. “Pay television” means the delivery over the system of pay-per-channel or pay-per-program audio-visual signals to subscribers for a fee or charge, in addition to the charge for basic cable service or cable programming services.
21. “Person” is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for profit.
22. “Service area” or “franchise area” means the entire geographic area within the City as it is now constituted or may in the future be constituted.
23. “Service interruption” means the loss of picture or sound on one or more cable channels on the system.
24. “Standard installation” means any residential installation which can be completed using a drop of 150 feet or less.
25. “Street” means the surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of-way now or hereafter held by City.
26. “Subscriber” means any person who or which lawfully subscribes to cable service provided by the Grantee by means of or in connection with the cable system.
1. Franchise Required. It shall be unlawful for any person to construct, operate, or maintain a cable system in the franchise area unless such person or the person for whom such action is being taken shall have first obtained and shall currently hold a franchise granted pursuant to a valid franchise ordinance. It shall also be unlawful for any person to provide cable communications service in the City unless such person obtains and currently holds a franchise granted pursuant to a valid franchise ordinance. Any franchise granted by the City shall impose the burdens and obligations that are comparable in the aggregate to those imposed by the franchise ordinance codified in this chapter; provided, however, that the City may impose additional and/or higher standards in other franchises. Such additional and/or higher standards, however, to the extent they affect the material provisions of the franchise ordinance codified in this chapter shall not apply to this chapter.
2. Grant of Franchise. This franchise is granted pursuant to the terms and conditions contained herein.
3. Grant of Nonexclusive Authority.
A. The Grantee shall have the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over, and under the streets, alleys, public ways, and public places now laid out or dedicated and all extensions thereof, and additions thereto in City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in City of a cable system as herein defined to provide cable services and internet and related services to the extent considered a cable service or otherwise permitted by applicable State and federal law. The cable communications system constructed and maintained by Grantee or its agents shall not interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to Grantee to the extent it is technically and economically feasible to do so.
B. Notwithstanding the above grant to use streets, no street shall be used by Grantee if City, in its reasonable opinion, determines that such use is inconsistent with the terms, conditions, or provisions by which such street was created or dedicated, or with the present use of the street.
C. This franchise shall be nonexclusive, and City reserves the right to grant a similar use of said streets, alleys, public ways, and places, to any person at any time, provided, however, that any additional franchise granted shall contain the same substantive terms and conditions as this franchise.
D. Grantee shall have the authority to use City easements, public rights-of-way, streets and other conduits for the distribution of cable communications services. The City shall require all developers of future subdivisions to allow and accommodate the construction of the system as part of any provisions for utilities to serve such subdivisions.
E. Grantee shall construct and maintain the system so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to Grantee where feasible. Grantee shall use reasonable means to publicize any proposed construction work prior to commencement of that work. The verbal or written notice required under this chapter shall include reference to the Grantee’s telephone number and the responsible employee of Grantee to whom questions or comments can be directed.
4. Franchise Term. The term of this franchise shall be 10 years , unless it is extended pursuant to Subsection 5 of this section.† 8
5. Upgrade of System.
A. No later than December 31, 2000, Grantee shall upgrade the system capacity to a minimum of 750 MHz. Following completion of the upgrade of the system, the franchise term shall automatically be extended for a total term of 15 years from the effective date. The provisions of Section 114.04 shall apply to any construction undertaken pursuant to this subsection.
B. All programming decisions remain the sole discretion of Grantee, provided that Grantee complies with federal law regarding notice to City and subscribers prior to any channel additions, deletions, or realignments, and further subject to Grantee’s signal carriage obligations pursuant to 47 U.S.C. §§ 531-536, and subject to City’s rights pursuant to 47 U.S.C. § 545. Grantee shall conduct programming surveys from time to time to obtain input on programming decisions from subscribers.
6. Compliance with Applicable Laws, Resolutions, and Ordinances.
A. Upon acceptance by Grantee, this franchise shall supersede and replace any previous ordinance or agreement granting a franchise to Grantee to own, operate, and maintain a cable communications system within the City. Ordinance No. 600 is hereby expressly repealed.
B. The Grantee shall at all times during the life of this franchise be subject to all lawful exercise of the police power, statutory rights, and the right of eminent domain by City.
7. Territorial Area Involved. Grantee shall provide service to the franchise area. This franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the area covered; provided, however, that Grantee shall not be required to extend service beyond its present system boundaries unless there is a minimum of seven homes per cable quarter-mile adjacent to the existing cable system. Access to cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the area in which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas as required by this chapter.
8. Written Notice. All notices, reports, or demands required to be given in writing under this franchise shall be deemed to be given when delivered personally to any officer of Grantee or City’s administrator of this franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows. Either party may change the address to which notices are to be sent by providing written notice of the change to the other party.
A. If to City:
City of Orange City
City Administrator
125 Central Avenue SE
Orange City, IA 51041
B. If to Company:
Zylstra Communications Corporation
The Depot
Post Office Box 178
Yankton, SD 57078
ATTN: Mr. Brian Stewart
9. Such addresses may be changed by either party upon notice to the other party given as provided in this chapter.
10. Drops to Public Buildings. Grantee shall provide installation of one cable drop connection and any required terminal equipment and the highest level of cable service, excluding internet services, pay-per-view, and pay-per-channel programming, free of charge to each public building listed in Exhibit A with no installation charges or monthly service charges throughout the term of this franchise. Grantee shall, in any public building hereinafter built, provide all materials, design specifications, and technical advice for any one cable outlet to be installed up to 300 feet of the system from Grantee’s then-existing cable system during the construction of such building, without cost to the City, and Grantee shall provide the same service to such new public building as required in this chapter. The right to provide service to public buildings shall not include any used for residential purposes, either temporary or permanent, including hospitals and nursing homes.
Notes
| 8 | † EDITOR’S NOTE: Ordinance No. 688, adopting a cable television franchise for the City, was passed and adopted on September 23, 1999. Ordinance No. 785, passed and adopted on November 17, 2014, extended the franchise term until September 23, 2024. |
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