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It is unlawful for any person to offer any gift, favor, loan, service, promise, employment or anything of value to a city official or employee, or for a city official or employee to solicit or accept any such thing of value, for the purpose of influencing the grant, modification, renewal, transfer, or any other matter affecting a franchise or the administration or enforcement of this chapter.
(Ord. 89-15, passed 5-8-89)
Rates and charges may be changed by the franchisee following a minimum 30 days prior notice to the city and the subscribers. At such time as federal law permits rate regulation, the city reserves the rights to implement procedures to impose such regulation.
(Ord. 89-15, passed 5-8-89)
(A) Applications for a franchise or franchise renewal shall include proposals for the provision of public, educational and governmental access channels sufficient to meet community needs during term of franchise as determined by city. A franchisee or applicant shall specify what grants, if any, it is willing to make for studio equipment and facilities to be used for local program production by all cable access users.
(B) All access channel operations must conform to the following minimum requirements:
(1) The city may require that a franchisee provide studio space for access use. Access channels shall be carried on the franchisee’s lowest priced service offering.
(2) The franchisee shall have no control over the content of any programming carried on access channels. The city may require a franchisee, or select a non-profit corporation or other entity, to manage the access program and to establish reasonable rules for the use of access channels consistent with the requirements of this chapter, the franchise agreement and the intended purpose of such channels. Such rules shall be subject to review and approval by the city.
(3) The use of any public access channel shall be made available to any city resident on a nondiscriminatory basis at no charge for channel use. Where access studio facilities are located on a franchisee’s premises, the franchisee shall make its personnel available for consultation and assistance to access uses at no charge provided that such personnel can be spared from their normal duties.
(C) At the request of a franchisee, the city shall promulgate rules under which channel capacity dedicated to access use may be used by the franchisee when it is not being used for access purposes.
(Ord. 89-15, passed 5-8-89)
(A) The city may establish a cable advisory committee to advise it on matters related to the use of cable systems and facilities. Unless otherwise provided, any such committee shall consist of five residents of the city appointed by the Mayor and confirmed by the Council. If such a committee is to have a continuing or indefinite existence, members shall serve for overlapping terms of five years, or until their successors are appointed and confirmed. A vacancy on the committee shall be filled for the unexpired term of the departing member.
(B) An advisory committee shall advise the city on matters related to the use of cable communications operations as specified by the Mayor or Council at the time of its establishment. Its functions may be modified from time-to-time by the Mayor or Council.
(C) Members of an advisory committee shall receive no compensation for their services except reasonable and necessary expenses as may be provided in the budget.
(Ord. 89-15, passed 5-8-89)
(A) The city may periodically evaluate the performance of a franchisee during the franchise term. A franchisee shall cooperate fully with these evaluations and supply the city with all relevant information requested. If the city desires to implement a survey of subscribers in connection with its evaluation of service, a franchisee shall distribute the city’s questionnaire to its subscribers. Any meetings between the city and the franchisee for purposes of evaluation shall be publicized in advance and open to the public.
(B) If evaluation indicates the need for modification to the franchise agreement, the city shall attempt to negotiate the necessary changes. The city shall issue a report to the Council of the results of the performance evaluation and any recommended changes to the franchise agreement as negotiated with the franchisee.
(C) The Council may hold a public hearing on any performance evaluation reports. Any franchise agreement modifications must be approved by the Council before they become effective.
(Ord. 89-15, passed 5-8-89)
(A) The City Clerk shall have the responsibility for overseeing the day-to-day administration of cable communication operations within the city as governed by this chapter and the applicable franchise agreement. The City Clerk shall be empowered to take all administrative actions on behalf of the city except for those actions specified herein which are reserved to the Council or other named entity.
(B) The Council has the sole authority to grant franchises, authorize the execution of franchise agreements, modify franchise agreements, renew franchises, revoke franchises, and authorize the transfer of franchises. Where this chapter or a franchise agreement specifies that a certain action will be taken by the Council or other named city entity, that action is reserved to the named entity.
(C) All filings and reports required of franchisees or applicants pursuant to this chapter or a franchise agreement shall be made with the City Clerk unless otherwise specified.
(Ord. 89-15, passed 5-8-89)
This chapter, or an amendment thereto, shall be applicable to all cable franchises issued by the city, whether or not such franchises were: issued prior to the effective date of this chapter or an amendment thereto. However, this chapter shall not act to unilaterally abrogate prior contractual commitments of the city as contained in any franchise agreement.
(Ord. 89-15, passed 5-8-89)
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