"Telecommunication services" are governed by Title VI of the Telecommunications Act of 1934, as amended (the "Act"). Conditions and terms of any franchise agreement, including regulation of services and fees, shall comply with the Act. Franchises to telecommunication service providers shall be nonexclusive. Telecommunication service providers seeking to obtain a franchise to utilize county rights of way must do the following as a prerequisite to the granting of a franchise:
A. Provide evidence that it is a telecommunications service as defined in section 7-1-3 of this chapter.
B. Obtain a Class A Franchise in accordance with section 7-1-5, and satisfy the following additional service requirements, which shall be memorialized within the franchise agreement:
1. Extension Of System: Whenever the grantee receives a request for telecommunication service from a county resident in a contiguous unserved area where there are at least fifteen (15) residences within one thousand three hundred twenty (1,320) cable bearing strand feet (1/4 cable mile) from the portion of the grantee's trunk or distribution cable which is to be extended, it shall extend its system to such residents at no cost to said residents for the system extension, other than the published standard/nonstandard installation fees charged to all customers of grantee for telecommunication services.
2. Compliance With FCC Rules: The grantee is responsible for ensuring that the telecommunication system is designed, installed and operated in a manner that fully complies with FCC rules in subpart K of part 76 of chapter I of title 47 of the code of federal regulations as revised or amended from time to time.
3. Service To County Offices: The grantee shall, upon request, provide without charge, one outlet of basic service to those county offices, fire station(s), police station(s), public school building(s) and other county buildings that are passed by its system. The outlets of basic and expanded basic service shall not be used to distribute or sell services in or throughout such buildings, nor shall such outlets be located in areas open to the public. The grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said building or premises exceeds one hundred twenty five (125) cable feet unless the appropriate governmental entity agrees to pay the incremental cost of such drop line in excess of one hundred twenty five (125) cable feet. If additional outlets of basic and expanded basic service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials.
4. Emergency Alert System: In accordance with and at the time required by the provisions of FCC regulations part 11, subpart D, section 11.51, and as other provisions which may from time to time be amended, the grantee shall install and maintain an emergency alert system (EAS) for use in transmitting emergency act notifications (EAN) and emergency act terminations (EAT) in local and statewide situations as may be designated to be an emergency by the local primary (LP), the state primary (SP) and/or the state emergency operations center (SEOC), as those authorities are identified and defined within FCC regulations, section 11.18.
5. Telephone Access: The grantee will maintain a local, toll free or collect call telephone access line which will be available to customers twenty four (24) hours a day, seven (7) days a week.
6. Standards: Under normal operating conditions, each of the following standards will be met no less than ninety five percent (95%) of the time, as measured by the grantee on a quarterly basis:
a. Standard installations will be performed within seven (7) business days after an order has been placed and the customer is ready to take service. Standard installations are those that are located up to one hundred twenty five feet (125') from the existing distribution system.
b. Excluding conditions beyond its control, the grantee will begin working on service interruptions promptly and in no event later than twenty four (24) hours after the interruption becomes known. The grantee will begin actions to correct other service problems the next business day after notification of the service problem.
c. The grantee will provide "appointment window" alternatives for installations, service calls and other installation activities, which will be either a specific time, or at maximum, a four (4) hour time block during normal business hours.
d. The grantee shall not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
e. If a representative of the grantee is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the grantee will contact the customer as soon as possible but no later than thirty (30) minutes before the "appointment window" begins. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
7. Notifications To Customers:
a. The grantee shall provide written information on each of the following areas at the time of installation of service, and at any time upon request:
(1) Products and services offered;
(2) Prices and options for services and conditions of subscription to programming and other services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the service;
(5) Channel positions of programming carried on the system; and
(6) Billing and complaint procedures, including the address and telephone number of the local county's telecommunication services office.
b. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the system and in writing.
Notice will be given to customers a minimum of thirty (30) days in advance if the change is within the control of the grantee. In addition, the grantee shall notify customers thirty (30) days in advance of any significant changes in the other information required in subsection B7a of this section.
8. Billing:
a. Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly describe all activity during the billing period, including optional charges, rebates and credits.
b. In case of a billing dispute, the grantee will respond to a written complaint from a customer within thirty (30) days from receipt of the complaint.
9. Educational And Governmental Channel: Upon request by the county, the grantee shall make available one channel to be used for educational and governmental cablecast programming. If programming time is not used by the county and is available for sharing, the channel may be shared with other municipalities receiving programming from the common headend receive site location. The grantee reserves the right to program the designated educational and governmental channel during the hours not used by the county or other governmental entities. This provision is not applicable to OVS services.
10. Regulation Of Rates: The county may adopt the requisite ordinances to regulate rates for the provision of basic cable TV service and equipment as defined, provided and permitted by the 1984 communications act, as amended by the cable television consumer protection and competition act of 1992 ("1992 act"), or any successive legislation, together with implementing regulations promulgated by the FCC.
11. Filing Of Schedule Of Rates: The grantee shall file with the county on December 31 of each year a full schedule of all customer user rates and all other charges including, but not limited to, pay TV, lease channel and discrete services, made in connection with the system.
12. Technical Tests: The county may perform technical tests of the system during reasonable times and in a manner that does not unreasonably interfere with the normal business operations of the grantee or the system in order to determine whether or not the grantee is in compliance with the terms hereof and applicable state or federal laws. Except in emergency circumstances, such tests may be undertaken only after giving the grantee reasonable notice thereof, not to be less than five (5) business days, and providing a representative of the grantee an opportunity to be present during such tests. In the event that such testing demonstrates that the grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the county. The county agrees that such testing shall be undertaken no more than once a year without reasonable cause, including, but not limited to, customer complaints. The results thereof shall be made available to the grantee.
13. Review Of Books And Records: The grantee agrees that the county, upon thirty (30) days' written notice to the grantee, may review such of its books and records at the grantee's business office, during normal business hours and on a nondisruptive basis, as is reasonably necessary to ensure compliance with the terms of the franchise. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Such notice shall specifically reference the section of the franchise which is under review, so that the grantee may organize the necessary books and records for easy access by the county. The grantee shall not be required to maintain any books and records for franchise compliance purposes longer than three (3) years from the date of the book or record. Notwithstanding anything to the contrary set forth herein, the grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, nor disclose books and records of any affiliate which is not providing service within the county. The county agrees to treat any information disclosed by the grantee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. The grantee shall not be required to provide subscriber information in violation of section 551 of the cable act.
14. Audit Of Records: On an annual basis, upon thirty (30) days' prior written notice, the county, including the county auditor or his/her authorized representative, shall have the right to conduct an independent audit of grantee's records reasonably related to the administration and enforcement of the franchise, in accordance with generally accepted accounting principles ("GAAP"). If the audit shows that franchise fee payments have been underpaid by five percent (5%) or more, grantee shall pay the underpayment plus interest and the total cost of the audit. Such cost shall not exceed five thousand dollars ($5,000.00) for each year of the audit period without grantee's prior written consent. The county's right to audit and the grantee's obligation to retain records related to a franchise fee audit shall expire three (3) years after each franchise fee payment has been made to the county.
15. Insurance: The grantee shall maintain in full force and effect, at its own cost and expense, during the term of the franchise, comprehensive commercial general liability insurance in the amount of two million dollars ($2,000,000.00) combined single limit per occurrence and three million dollars ($3,000,000.00) aggregate for bodily injury and property damage. The grantee shall provide to the county an endorsement to the insurance policy designating the county as an additional primary insured. Such endorsement shall provide that such insurance coverage is primary and not contributory to any insurance policy maintained by the county. Additionally, the grantee shall maintain in full force and effect, automobile liability insurance with limits of no less than five hundred thousand dollars ($500,000.00) combined single limit per accident for bodily injury and property damage. Such insurance shall be noncancelable except upon thirty (30) days' prior written notice to the county. The grantee shall increase the limits of such insurance to at least the amount of the limitation of judgments described in section 63G-7-604 of the governmental immunity act of Utah, as calculated by the state risk manager every two (2) years and stated in Utah administrative code R37-4-3.
C. Provide evidence that the county rights of way, which are the subject of the franchise, have adequate capacity.
D. Complete and submit the standard form of an excavation permit as provided by Summit County.
E. Provide evidence in the form of a guarantee or bond that work will be completed in a professional manner, and that any damage to roadway or roadbed will be repaired in a timely manner and said repairs will be guaranteed for a period of two (2) years.
F. Franchisee shall pay to the county a franchise fee of five percent (5%) of annual gross revenue. The twelve (12) month period applicable under the franchise for computation of the franchise fee shall be a calendar year. The period of limitation for recovery of any franchise fee payable under this chapter or for any overpayment shall be three (3) years from the date on which payment by the grantee is due, or from the date payment is made in the case of an overpayment.
G. An OVS that complies with 47 USC section 573 and is certified by the FCC shall pay a fee in lieu of a franchise fee of five percent (5%) of annual gross revenue on the same basis as other telecommunication service providers having franchise agreements within the county.
H. A small wireless facility in accordance with UCA Title 54, Chapter 21 is exempt from 7-1-7(B)(3), (6) - (12). With respect to a small wireless facility, grantee shall pay to the county a franchise fee of three and one half percent (3.5%) of all gross revenue related to the grantee’s use of the county rights of way or an annual fee of two hundred fifty dollars ($250.00) for each small wireless facility, whichever is greater. The twelve (12) month period applicable under the franchise for computation of the franchise fee payable under this chapter or for any overpayment shall be three (3) years from the date on which payment by the grantee is due, or from the date payment is made in the case of an overpayment. (Ord. 800, 3-6-2013; amd. Ord. 800-A, 2-5-2020)