STATEMENT OF INTENT AND PURPOSE

§ 123.015 INTENT AND PURPOSE.

   (a)   The city intends, by the adoption of this chapter, to facilitate the development and operation of cable systems in the city. This type of development can contribute significantly to meeting the needs and desires of many individuals, associations and institutions.

   (b)   Therefore, the following are statements of the city’s intent when granting or renewing a franchise:

      (1)   Provide for the installation and operation of cable systems offering cable services with features meeting the current and future cable-related needs and interests of the community considering the costs to subscribers and to any grantee;

      (2)   To act expeditiously on any requests for a franchise so as to allow the prompt provision of cable services while ensuring that the public interest is met and that residents are not discriminated against based on race, ethnic status, income, area in which they live, or other inappropriate basis;

      (3)   Encourage the widest feasible scope and diversity of programming and other cable services to all city residents that are consistent with community needs and interests and as measured against the cost of providing the programming and cable services;

      (4)   Encourage prompt implementation of technical advances in communications technology;

      (5)   Provide for ample and fairly allocated access to cable and video systems for program producers of public, educational and governmental public service programming consistent with the needs and interests of the community as measured against the cost of providing the programming and services;

      (6)   Ensure that rates and charges for basic cable programming and equipment are fair, reasonable and consistent with federal standards;

      (7)   Require that a grantee of a franchise provide customer service consistent with the standards of the FCC;

      (8)   Ensure that the installation and maintenance of cable systems offering cable services comply with all applicable city ordinances and regulations and do not interfere with the city’s legitimate use of rights-of-way and its own facilities and property;

      (9)   Ensure that the occupants of the city’s rights-of-way protect the health, safety and welfare of the citizenry, public property and other uses of the rights-of-way;

      (10)   Encourage universal availability of cable services within the city on a nondiscriminatory basis;

      (11)   Provide for timely compliance with FCC and state regulations regarding emergency alert systems; and

      (12)   Obtain compensation for the use of rights-of-way.

(1992 Code, § 44-2) (Ord. 104-09, passed 11-16-2009)

GENERAL PROVISIONS

§ 123.030 TITLE.

   This chapter shall be known and cited as the “Cable Services Regulatory Ordinance” or herein “this chapter.”

(1992 Code, § 44-3) (Ord. 104-09, passed 11-16-2009)

§ 123.031 INCORPORATION OF ORDINANCE INTO ANY FRANCHISE AGREEMENT.

   The requirements of this chapter shall apply to the full extent of the terms herein and shall be limited in scope or application only to the extent as may be required by valid applicable federal or state law, including those changes in valid applicable law as may be hereinafter enacted. The provisions of this chapter shall be deemed incorporated in each franchise granted. The failure of the city to enforce any provision herein or in a franchise or the failure of any person to comply with any provision herein or in a franchise shall not be a waiver of the city’s right to enforce the provisions.

(1992 Code, § 44-4) (Ord. 104-09, passed 11-16-2009)

§ 123.032 RIGHTS AND DUTIES.

   Any rights granted pursuant to this chapter and pursuant to any franchise authorized hereunder are subject to the authority of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Grantees shall be subject to and comply with all valid generally applicable ordinances enacted by the city. A grantee’s rights and duties pursuant to this chapter and a franchise may not be materially altered or impaired without grantee’s prior written consent, which shall not be unreasonably withheld except for the city’s valid exercise of its police powers.

(1992 Code, § 44-5) (Ord. 104-09, passed 11-16-2009)

§ 123.033 OPEN RECORDS LAW.

   Certain information required to be filed with the city pursuant to this chapter is subject to inspection and copying by the public pursuant to the provisions of South Dakota Open Records Law, SDCL ch. 1-27.

(1992 Code, § 44-6) (Ord. 104-09, passed 11-16-2009)