Section
Franchise Provisions
113.01 Title
113.02 Definitions
113.03 Nonexclusive franchise to install and operate cable television system
113.04 Authority granted by franchise
113.05 Application for franchise
113.06 Franchise procedure
113.07 Acceptance of franchise
113.08 Franchise requirements
113.09 Construction and use of facilities
113.10 Standards
113.11 Franchise limitation
113.12 Regulation of rates and service
113.13 Inspection of property and records
113.14 Default
Rate Regulation
113.25 Definitions
113.26 Purpose; interpretation
113.27 Rate regulation promulgated by FCC
113.28 Filing; additional information; burden of proof
113.29 Proprietary information
113.30 Public notice; initial review of rates
113.31 Tolling order
113.32 Public notice; hearing on basic cable service rates following 30-day deadline
113.33 Staff or consultant report; written response
113.34 Rate decisions and orders
113.35 Refunds; notice
113.36 Written decision; public notice
113.37 Additional rules adopted by Council
113.38 Failure to give notice
113.39 Additional hearings
113.40 Additional powers
113.41 Failure to comply; remedies
113.42 Conflicting provisions
FRANCHISE PROVISIONS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SERVICE. The simultaneous delivery by the grantee to the television, radio or other appropriate communications receiver of a subscriber of all signals of over-the-air broadcasters required by the Federal Communications Commission or this subchapter to be carried by the cable television system of the grantee, together with such additional public, educational, governmental, leased or other access channels or signals as may be likewise required by law, but not including pay or subscription television as defined by the Federal Communications Commission.
COMMITTEE. A committee of the Village Council consisting of three Council members, appointed by the Village President, which shall be directly responsible for over-seeing and controlling the granting of a franchise pursuant to this subchapter and for over-seeing any franchise which may be granted.
COMMUNITY ANTENNA TELEVISION SYSTEM or CATV or CABLE TELEVISION SYSTEM. A system employing antenna, microwave, wires, wave guides, coaxial cables or other conductors, equipment or facilities designed, constructed or used for the purpose of:
(1) Collecting and amplifying local or distant broadcast television or radio signals and distributing and transmitting same;
(2) Transmitting original cablecast programming not received through television broadcast signals; or
(3) Transmitting television pictures, film and video tape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; provided, however, that any of the services permitted hereunder to be performed, as described above, shall be those performed by the grantee for subscribers, as herein defined in the operation of a cable television or CATV system franchised by the village and not otherwise, and provided further that such term shall not include any such facility or system that serves only the residents of one or more apartment dwelling or commercial establishments under common ownership, control or management.
FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within the village.
FRANCHISE AREA. The territory within the village throughout which the grantee shall be authorized hereunder to construct, maintain and operate its system.
GRANTEE. Any person, firm or corporation receiving the grant of any franchise hereunder and shall include any lawful successor to the interest of such person, firm or corporation.
SUBSCRIBER or USER. Any person or entity receiving for any purpose any service of the grantee’s cable television system including, but not limited to, the conventional cable television system service of re-transmission of television broadcast, radio signals, the grantee’s original cablecasting and the local government, education and public access channels; and other services, such as leasing of channels, data and facsimile transmission, pay television and police, fire and similar public service communication.
VILLAGE. The Village of Three Oaks.
VILLAGE COUNCIL. The Council of the village.
(Ord. 77, passed 8-6-1981)
A nonexclusive franchise to install, construct, operate and maintain a cable television system on streets within the village may be granted by the Village Council to any person whether operating under an existing franchise, or not, who offers to furnish and provide such system under and pursuant to the terms and provisions of this subchapter. No provision of this subchapter may be deemed or construed to require the granting of a franchise when, in the opinion of the Council, it is in the public interest to restrict the number of the grantees to one or more, and competitive franchises covering the same territory shall be restricted to those instances where the applicant for the second franchise can offer a unique or legally protected service which is not available and cannot be made available to the grantee of the existing franchise.
(Ord. 77, passed 8-6-1981)
(A) Any franchise granted pursuant to the provisions of this subchapter shall authorize and permit the grantee to do the following:
(1) Erect, install, construct, repair, replace, re-construct, maintain and retain, in, on, over, under, across and along any public street, alley, way or place now laid out and dedicated and all extensions thereof, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee of any franchise of this village;
(2) Maintain and operate facilities and properties for the collection, transmission, conduction, amplification, conversion and distribution of programs and other services by use of electricity, radiation or other energy source; or
(3) Solicit, sell, distribute and make charge to subscribers within the village for connection to the CATV system of the grantee.
(B) A franchise granted solely to traverse any portion of the village in order to provide service outside the village, shall not authorize nor permit the grantee to solicit, sell, distribute or make any charge to subscribers within the village, nor to render any service or connect any subscribers within the village to the CATV system of the grantee.
(Ord. 77, passed 8-6-1981)
All applications to construct, operate or maintain any CATV system in this village or to traverse any portion of the village for transmitting or conveying of such service elsewhere, shall be filed with the Village Clerk, and each application shall set forth, contain or be accompanied by the following:
(A) The name, address and telephone number of the applicant;
(B) A detailed statement of the corporate or other business entity organization of the applicant including, but not limited to, the following;
(1) The names, residence addresses and business addresses of all officers, directors and partners or business associates of the applicant;
(2) The names, residence addresses and business addresses of all persons and entities having an ownership interest in the applicant and the respective ownership share of each such person or entity;
(3) The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, all CATV or similar systems owned or controlled by the applicant, its parent or subsidiary and the areas served thereby;
(4) A detailed description of all previous experience of the applicant as to providing CATV service or related or similar services;
(5) A detailed and complete financial statement of the applicant, prepared by certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the village, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this village; and
(6) A statement indentifying, by place and date, any other cable television franchise(s) awarded to the applicant, its parent or subsidiaries; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant’s and its parent’s or subsidiary’s resources committed to the completion thereof.
(C) A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:
(1) A detailed map indicating all areas proposed to be served, routes to be taken, a diagram of the equipment which will be exposed and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;
(2) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classification, including installation charges, service charges and special, extraordinary or other charges. The purchase price, terms and nature of any optional or required equipment, device or other thing to be offered for sale to any subscriber shall be described and explained in detail; and
(3) A detailed statement describing the actual equipment and operational standards proposed by the applicant.
(D) A copy of the form of any agreement undertaking or other instrument proposed to be entered into between the applicant and any subscriber;
(E) Any other information pertinent to the subject matter of such application and requested by the Committee; and
(F) An application fee in the sum of $250 which shall be in the form of cash, certified or cashier’s check or money order to pay the costs of studying, investigating and otherwise processing such application and shall not be returnable or refundable in whole or in part except to the extent that such fee exceeds the actual cost incurred by the village in studying, investigating and otherwise processing the application.
(Ord. 77, passed 8-6-1981)
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