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(A) Any cable system constructed within the city must meet or exceed technical standards consistent with this chapter, the franchise agreement, and the franchisee’s application. The system must be capable of delivering all National Television Systems Committee (NTSC) color and monochrome standards signals and designed to provide picture quality of TASO grade 2 or better and superior reliability. All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired. Antennas, supporting structures, and outside plant used in the system must be designed to comply with the recommendations of the Electronics Industries Association on tower structures and outside plant.
(B) All construction, installation and maintenance must comply with the National Electrical Safety Code, the National Electric Code, the standards of the Occupational Safety and Health Administration, all state and local regulations, and good and accepted industry practices. Close coordination with public and private utilities or any other cable operator in the area, and the use of accepted practices and procedures, is retired to avoid damage or adverse impact on existing or planned facilities.
(C) At the stages of any construction specified in the franchise agreement, the franchisee must perform at its expense proof of performance tests designed to demonstrate compliance with the retirements of this chapter, the franchise agreement, and FCC requirements. The franchisee must provide the proof of performance test results promptly to the city.
(D) The city may require periodic proof of performance tests to be performed at the expense of the franchisee. The franchisee must provide the test results promptly to the city.
(E) The franchisee must advise the city when a proof of performance test is scheduled so that the city may have an observer present.
(F) A franchisee must not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the electrical system located in any building, the cable system of another franchisee, or individual or master antennas used for receiving television or other broadcast signals.
(Ord. 89-15, passed 5-8-89)
ADMINISTRATION AND ENFORCEMENT
(A) The city has the right to apply any one or combination of the following remedies in the event a franchisee violates any provision of the law or its franchise agreement:
(1) Impose liquidated damages in such amount, whether per day, incident, or other measure of violation, as provided in the franchise agreement. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to meet the franchise requirements.
(2) Reduce the duration of the franchise on such basis as the city determines is reasonable pursuant to the process specified in § 118.43.
(3) Revoke the franchise as provided for in § 118.43.
(B) In determining which remedy or remedies are appropriate, the city must take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy, required in order to prevent further violations, and such other matters as the city determines are appropriate. The city shall not impose any remedy without first giving the franchisee notice of the violation and a reasonable opportunity to cure it.
(C) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(Ord. 89-15, passed 5-8-89)
(A) If a franchisee decides to initiate a formal franchise renewal process in accordance with Section 626(a) through (g) of the Cable Act, 47 U.S.C. § 546(a) - (g), it must notify the city within 30 to 36 months of the franchise expiration date. Upon such notification, or at the city’s own initiative, the city must commence the following process:
(1) The city shall review and evaluate the future cable-related community needs and interests and the franchisee’s past performance. The review and evaluation process must include opportunity for public comment.
(2) Immediately upon completion of the review and evaluation process, the city must notify the franchisee that it may file a renewal application. The notice must specify the information to be included in the renewal application and the deadline for filing the application, which must be no earlier than 30 calendar days following the date of the notice. If the franchisee does not submit a renewal application by the specified date, it will be deemed not to be seeking renewal of its franchise.
(3) Upon receipt of the renewal-application, the city shall publish notice of its receipt and may schedule one or more public meetings or implement other procedures under which comments from the public on the application may be received.
(B) In considering a renewal application, the city must consider whether:
(1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;
(2) The quality of the cable operator’s service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix, quality, or level of cable services or other services provided over the system) has been reasonable in light of community needs;
(3) The cable operator has the financial, legal and technical ability to provide the services, facilities, and equipment set forth in its proposal; and
(4) The cable operator’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.
(C) The Council shall hold at least one public hearing to consider the application. An advisory committee or a committee of the Council may make recommendations to the Council prior to its consideration, a copy of which recommendations shall be made available to the franchisee in advance of the Council’s consideration. Following the public hearing on the renewal application, the Council must either:
(1) Pass a resolution agreeing to renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the city and the franchisee, or
(2) Pass a resolution that makes a preliminary assessment that the franchise should not be renewed.
(D) The Council’s action under division (C) above must be taken within four months of the date of the renewal application notice to the franchisee required in division (A)(2) above.
(E) If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee or on its own initiative, the city must commence an administrative proceeding in accordance with Section 626(c) of the Cable Act, 47 U.S.C. § 546(c).
(F) The city shall commence an administrative proceeding, initiated by a hearing order which establishes the issues to be addressed in the hearing and the procedures to be followed and appoints a presiding officer for the hearing. Upon the completion of the hearing, the presiding officer shall issue a recommended decision. Parties to the hearing and the public shall have 30 calendar days to comment on the recommended decision after its issuance.
(G) Based on the recommended decision, the comment and arguments presented, and other evidence of record, the Council, following a public hearing, shall make a final determination on whether to grant or deny the renewal application. The Council shall issue a written decision setting forth the reasons for its decision.
(H) The provisions of divisions (A) through (G) above notwithstanding, a franchisee may submit a proposal for renewal of a franchise in accordance with 47 U.S.C. § 546(h). The city must hold one or more public hearings or implement other procedures under which comments on the proposal from the public may be received. Following such public hearings or other procedures, the Council shall determine whether the franchise should be renewed and the terms and conditions of any renewal. In making its determination the Council shall not consider the pendency of any other application for a franchise.
(I) Once the Council grants a renewal application, the city and the franchisee must agree on a franchise agreement, pursuant to the procedures specified in divisions (E) through (J) of § 118.15, before the renewal becomes effective.
(J) If renewal of a franchise is denied, the city may acquire ownership of the cable system or effect a transfer of ownership of the system to another person upon the agreement of the owner of the facilities and approval of the Council. Any such acquisition by the city must be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself.
(K) If renewal of a franchise is denied and the city does not purchase the cable system, the city may require the former franchisee to remove its facilities and equipment. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisee’s and/or surety’s expense.
(Ord. 89-15, passed 5-8-89)
(A) A transfer of a franchise must not occur without prior approval of the city.
(B) An application to transfer a franchise must meet the requirements of § 118.14 and provide complete information on the proposed transaction, including details on the legal, character, financial, technical and other pertinent qualifications of the transferee, and on the potential impact of the transfer on subscriber rates. At minimum, the information required in § 118.14(E)(l) through (4) must be provided by the proposed transferee. The information required in § 118.14(E)(5) through (10) must also be provided whenever the proposed transferee expects material changes to occur in those areas. Transfer applications should be filed at least 90 days prior to the anticipated date of the proposed transaction.
(C) Final action on an application for transfer of a franchise must be taken by the Council. In making a determination on such an application, the Council will consider the legal, financial, technical and character qualifications of the transferee to operate the system and whether operation by the transferee would adversely affect the cable services to subscribers or otherwise be contrary to the public interest.
(D) Approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this chapter or the franchise agreement.
(Ord. 89-15, passed 5-8-89)
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