Loading...
(A) Methods of construction, installation, and maintenance of the grantee's system shall comply with the National Electrical Safety Code, National Bureau of Standards Handbook 81 (part 2), United States Department of Commerce, November 1, 1961, to the extent that such code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communication lines.
(B) Any tower constructed for use in the grantee's Cable Communications System shall comply with the standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, EIA Standards RS-222-A, as published by the Engineering Department of the Electronics Industries Association, 2201 I Street, N.W., Washington, D.C. 20006.
(C) All methods of construction, installation, and maintenance of the grantee's system shall also comply with all applicable laws and rules of the State of Ohio and the city. The city reserves the right to adopt by ordinance an agreement regulating the joint use of city-owned utility poles and easements in conjunction with the grantee and from time to time to issue, by duly adopted ordinance, such reasonable rules and regulations concerning the construction, operation, and maintenance of the system as are consistent with the provisions of this chapter, and necessary to protect its residents' rights to the peaceful enjoyment of the public ways.
(D) In the construction, installation, maintenance, removal, or repair of the facilities contemplated, the grantee shall exercise reasonable care and diligence to avoid damage, injury, or nuisance to persons or property and shall install and maintain its facilities in a workmanlike manner so as to minimize the public inconvenience and so as not to interfere with any facilities of the city. The grantee shall comply with all existing city regulations pertaining to the use of the public ways entered and opened by it so as to prevent injury to persons or damage to property while work is being performed. All such public ways shall be restored to their former condition by the grantee as soon as is practicable after completion of work.
(E) The grantee shall be permitted to place its cables, wires, or other equipment overhead when local or state law permits overhead construction and other like facilities are overhead. The grantee shall place its cables, wires, or other equipment underground when local or state law require underground placement and where all other like facilities are underground.
(F) The city shall use its best efforts with pole owners to promote the joint use of poles so as to assure the broadest possible wiring of premises within the city. In the case of city-owned poles such joint use may be subject to a separate fee at the option of the city. The grantee shall not erect any new poles without first obtaining the city's written approval of the location, type, and specifications thereof.
(G) Notwithstanding any other provisions of this franchise, if, in any part of the city, satisfactory aerial or underground easement rights over private property cannot be obtained on reasonable terms, the company shall have no obligations to build its system or provide service in that area.
(H) The grantee shall have the right to trim trees in, and overhanging, the public ways in a workmanlike manner, so as to protect its facilities from abrasive contact. Notwithstanding the foregoing, the city, at its option, may, following written notice to the grantee, undertake such trimming at the grantee's expense.
(I) The grantee shall, upon reasonable notice and without expense to the city, relocate its facilities to accommodate such public works or improvements as the city shall in its judgment designate. The grantee shall, at the expense of any person holding a building moving permit issued by the city, temporarily raise, lower, or remove its wires to permit the moving of that building. In such event, the grantee shall be given not less than 7 days' advance written notice to arrange for such temporary wire changes. The grantee's estimated charges for such work shall be payable not less than 48 hours in advance.
(J) The city shall have the right to supervise or inspect all work performed by the grantee or its agents upon public ways to ensure compliance with this section. In the event such inspection reveals that the grantee has failed, in the city's judgment, to fulfill its obligations under this section, the city shall notify the grantee, in writing, of its specific deficiencies. Absent commencement of corrective action by the grantee within 48 hours of receipt of said notification, the city may undertake the necessary repairs or restorations at the grantee's expense.
(1974 Code, § 111.07) (Ord. 38-79, passed 7-16-1979)
(A) System configuration.
(1) The grantee shall establish a modular Cable Broadband Communications System with at least one distribution head located in the service area.
(2) The grantee shall institute its Basic Subscriber Service on what shall be known as cable A, and the grantee shall provide subscribers with a converter by which means those subscribers will be able to receive a minimum of 35 channels. That converter or other device will be designed to permit closed circuit and selective viewing through the deletion or addition of filters or tuning elements. Cable A must, as a minimum, have the technical capacity for 2-way communications.
(3) The grantee shall construct an institutional network on what shall be referred to as cable B. Cable B shall be capable of delivering 17 channels in the forward direction and transmitting, in the reverse direction, 18 channels for video or nonvideo uses on either an open or closed circuit basis. Appendix A lists the institutions to which cable B will initially be available. The grantee shall provide the appropriate connectors and extend cable to an access point within each institution, but the users of cable B will provide their own terminal equipment. Unlimited use of cable B and technical assistance to institution users shall be provided by the grantee without additional charge. The grantee may propose an alternate to provide similar service. A joint committee appointed by the Council and the Board of Monroe Township Trustees shall review such proposal and shall make a recommendation as to its acceptance to the respective legislative bodies who will take final action.
(B) Subscriber services. The grantee will, as a minimum, for the rates proposed in the request for proposal, furnish to its subscribers the services listed in divisions (1) through (4) below.
(1) All operating broadcast television signals for which the grantee shall have received certification, and as are specifically outlined in the official request for proposal as filed. The specific signals proposed is one basis on which the proposals are evaluated as to compatibility with the needs and desires of the area to be serviced.
(2) Twenty separately processed FM stations.
(3) Automated channels carrying information such as time, weather, news, stock market quotations, and community messages.
(4) An audio override capability for transmission of emergency messages and alerts.
(C) Cablecasting and access facilities.
(1) The grantee shall provide a community access facility which is centrally located in the franchise area. There shall be the ability to cablecast directly from this facility and it shall be equipped as provided in Appendix C, or with comparable substitute equipment as approved by a joint committee appointed by the Council and the Board of Monroe Township Trustees. This joint committee shall also establish an implementation schedule setting out the specific dates certain equipment must be made available by the grantee.
(2) Initially, 1 community channel shall be activated in the cable system for programming produced by the community and the grantee. If, in the opinion of the joint committee, this channel becomes saturated, a second channel will be made available for community programming.
(3) The community channel will be governed by a set of operating rules and procedures that will be established by a community access organization with input from the grantee.
(4) The access equipment will be made available to the community on a schedule agreed upon by the community access organization and the grantee. The grantee shall support the community in using the access facility with training and technical assistance and maintenance of the equipment.
(D) Interconnection. The grantee may be required to interconnect its system with any other broadband communications system operating in an adjacent territory. Such interconnection shall be made within 60 days of a request made by the city. For good cause shown the grantee may request and the Council may grant reasonable extensions of time to comply with the requirements. Council also reserves the right to waive this requirement.
(E) Standby power. The grantee shall maintain equipment capable of providing standby power for headend, transportation, and trunk amplifiers for a minimum of 2 hours. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. All utility safety regulations must be followed to prevent a standby generator from powering the dead utility line, with possible injury to an unwitting lineman.
(F) Local business office. The grantee shall maintain an office within the limits of Monroe Township, Miami County, Ohio, which office shall be open during normal business hours. This office shall have a publicly listed telephone which can be reached toll-free from the service area described in this chapter, and shall be so operated that complaints and requests for repairs or adjustments may be received and processed with a minimum delay. Provision shall also be made for telephonically receiving service interruption calls on a 24-hour basis.
(1974 Code, § 111.08) (Ord. 38-79, passed 7-16-1979)
(A) Initial rates for basic subscriber service. The grantee's initial rates for basic subscriber service shall conform to the format outlined in Appendix B and will be those as proposed in the request for proposal and accepted by the city.
(B) Changes in rates for basic subscriber service. These rates shall be subject to modification only by the Council and only in accordance with the following procedures:
(1) The grantee may petition the Council for a change in rates by filing a revised rate schedule in the form of Appendix B, including its justification for this proposed new schedule.
(2) Within 10 days of notification by the Council of the place and time established for a hearing on that petition, the grantee shall notify its subscribers of the same by announcement on at least 2 channels of its system, between the hours of 7:00 a.m. and 9:00 p.m., for 5 consecutive days. Following all proper notice, but in no event later than 90 days from the date of that petition, the Council shall hold an appropriate public hearing to consider the proposed new rates, at which hearing all parties desiring to be heard, including the grantee, shall be heard on any matters relating to the performance of this chapter, the grantee's services, and the proposed new rates.
(3) Within 90 days after hearing, the Council shall render a written decision on the grantee's petition, either accepting, rejecting, or modifying the same and reciting the basis of its decision.
(4) If the Council fails to act within 6 months of the date of the grantee's petition pursuant to division (1) above, the grantee shall thereafter be entitled to put its proposed new rates into effect on a provisional basis, provided that it shall keep a full and accurate accounting of all income resulting from those provisional rates and shall be obliged for a period of up to 6 months thereafter to refund the amount by which those provisional rates exceed the rates ultimately established by the Council. On request by the Council, the grantee shall provide a bond or other reasonable surety in an amount not to exceed the previously existing rates to ensure that possible refunds due under this division shall be promptly made.
(5) The criteria for the Council's decision in such matters shall be the establishment of rates which are fair and reasonable to both the grantee and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable costs of service, including a fair return on all invested capital, all assuming efficient and economical management. The Council and the grantee both recognize that appropriate models and methods for rate regulation of cable are in an evolutionary period and intend that the Council should be guided by the body of law and precedents which will be developing over time. Until more precise standards are thereby developed and absent special showings to the contrary, the Council and the grantee agree that rate changes not exceeding changes from the date hereof in any, some, or all of the indicators appearing below, shall be considered fair and reasonable provided that the grantee shall have made a reasonably adequate showing of the applicability of that indicator to the rate issue at hand.
(a) The Handy-Whitman Cost Index of Total Distribution Plant now listed on Line No. 38, for the North Central Region, which includes Ohio.
(b) The arithmetic average of monthly, single-family subscriber rates for the Ohio Cable Television Systems.
(c) Any other reputable index or indicator generally recognized as being apposite to cable television rates.
(C) Rates for other than basic subscriber service. At least 90 days in advance of the offering of any services or equipment other than basic subscriber service, the grantee shall file with the Council a schedule of the rates and charges and the rules relating to such other services and equipment and shall not alter the same on less than 90 days' notice and only in accordance with the then applicable rules and regulations of the FCC and other agencies of competent jurisdiction. If, at any time, applicable federal or state law would permit Council regulation of those rates in accordance with the procedures in division (B), such regulation shall be authorized hereunder.
(D) All rates to be nondiscriminatory. The grantee shall administer any and all rates and charges so as not to give preference to or discriminate among subscribers of like category or class. Nothing in the foregoing shall be deemed to prevent the grantee from establishing the following:
(1) Special temporary reduced rates for periodic promotional offers to attract new subscribers, or for subscribers who pay promptly;
(2) Reasonable policies for deposits, penalties, or denial of service where a particular subscriber has proven a bona fide credit problem;
(3) Special schedules of rates and charges for service to premises in annexed areas not meeting the density standards established in § 111.06, provided that the same are not inconsistent with applicable FCC rules and regulations; or
(4) Separate rates for commercial and noncommercial users of access channels.
(E) Free connection. The grantee shall furnish, without charge, 1 connection for each existing public building, as listed on Appendix A; provided that such public buildings are located within areas served by the system and shall furnish, without charge, regular service for such connections so long as such system remains in operation in the area. This provision also applies to any future public building constructed or purchased in the franchise area. Any school, so listed, or added, may install at its expense, but not to exceed the grantee's actual cost for such installation, such additional connections for classroom purposes as it desires, provided that such connections shall not interfere with the operation of the system, and such additional connections also shall be without charge for regular service.
(F) Disconnection. Except as otherwise provided by the Council, there shall be no charge for the disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the grantee may disconnect the subscriber's service outlet, provided, however, that such disconnection shall not be effected until 45 days after the due date of that delinquent fee or charge and shall include 5 days' written notice of the intent to disconnect properly mailed to the subscriber in question. After disconnection, upon payment in full of the delinquent fee or charge, any reasonable collection expense or penalty, and the payment of a reconnection charge, the grantee shall promptly reinstate the subscriber's cable service.
(G) Franchise fee.
(1) As consideration for the franchise granted herein, the grantee shall pay to the city, as a minimum, an amount equal to 3% of the grantee's gross annual receipts.
(2) In the event that the law, in the future, permits some larger basis for computing this fee, this Council shall, at its election, be entitled to collect additional monies upon 60 days' prior written notice to the grantee.
(3) The Council shall utilize franchise fees as necessary, to defray the costs of local regulation of the grantee, to support the development of the access channels and generally to encourage development of the system.
(4) Payments due under this provision shall be payable twice each calendar year on a schedule to be determined by the City Manager. Each such payment shall be accompanied by a report, certified by an officer of the grantee, showing the basis for the computation thereof.
(5) No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, and all amounts paid shall be subject to audit and recomputation by the Council for a period of 1 year after receipt thereof. In the event that recomputation results in additional fees owed, such amount shall be subject to a 10% per annum interest charge.
(6) Nothing in this section shall be interpreted as relieving the grantee of its liability for other properly applicable local taxes.
(H) Franchise award fee. There shall be imposed a 1 time franchise award fee to be paid to the city by the grantee within 45 days of official notification that a franchise has been awarded. This fee is intended to defray the clerical, printing, consulting, legal, and other costs associated with the awarding of a franchise under the authority of this chapter. The amount of the fee is established as $5,000, or the actual costs of these services, as determined by the city, whichever amount is less.
(1974 Code, § 111.09) (Ord. 38-79, passed 7-16-1979)
(A) As a minimum the technical performance standards as currently contained in Subpart K of the FCC cable television service rules and regulations must be met by the grantee's system. After due notice the city reserves the right to adopt more precise and rigid standards.
(B) The grantee shall render prompt and efficient service and repairs, and shall voluntarily interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use.
(C) Without additional charges to subscribers, the grantee shall maintain its facilities in good working order and repair. Any verbal, telephonic, or written complaint relating to the quality or continuity of service shall be attended to within a normal service interval. In the event that such complaints are not responded to, or service is not restored to the levels required by the FCC during the normal service interval, the subscriber shall be entitled to a rebate of 1/30 of his or her monthly service fee for each day or part thereof between the end of the normal service interval and the time service is restored to those standards.
(1974 Code, § 111.10) (Ord. 38-79, passed 7-16-1979)
(A) Any subscriber, user, programmer, or member of the general public who has a complaint regarding the quality of service, equipment malfunctions, billings, or any other matters, which remains unresolved for 30 days after it has been brought to the grantee's attention, in writing, may file that complaint, in writing, with the City Manager who shall have primary responsibility for the continuing administration of complaint procedures and who shall adopt such specific rules and regulations as are necessary to fairly represent the best interest of the public.
(B) The City Manager is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to Council for hearing and determination. Council may accept, reject, or modify the decision of the Manager, and Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.
(C) Fact finding and mediation shall be employed as a means to resolve any disputes or controversies arising from the complaint procedure or from the enforcement and administration of any other section of this chapter. These methods shall not be the first resort of the parties, but shall be undertaken only after a reasonable time has been expended in good faith negotiation.
(1) Any unresolved controversy or dispute shall be submitted to an expert individual acceptable to both parties for an investigation of the facts and a report thereof. Such fact finding shall be for the purpose of developing better information for the use of both parties and shall not be binding.
(2) If the matter is still unresolved it shall be submitted to an expert individual, acceptable to the parties, for the purpose of facilitating discussion and receiving new perspectives on the issues and new proposals for compromise. Such mediation shall not be binding. In fact finding or mediation, the parties shall each present a maximum of 3 names for possible service as the expert. If there is no agreement on any of the names, the American Arbitration Association shall select a person to fulfill the function of expert. The expense of fact finding and mediation, including the fees of experts, shall be equally borne by the city and the grantee.
(1974 Code, § 111.11) (Ord. 38-79, passed 7-16-1979)
(A) The city reserves the right to decide that any franchise granted under this chapter and all rights and privileges of the grantee should be revoked in the event that the grantee:
(1) Fails to complete construction as specified herein;
(2) Breaches or violates any material provision of this chapter or other valid and enforceable ordinances or regulations of the city;
(3) Practices fraud or deception upon the city, which actions may include any attempt to purposefully evade or avoid any of the provisions of this chapter;
(4) Is adjudged bankrupt, has a receiver appointed for it, makes an assignment for the benefit of creditors, or has a significant amount of its property sold under execution or other legal process or seized by creditors;
(5) Is in default in the making of payments under this chapter.
(B) Any such decision that this franchise should be revoked shall be, by formal legislation of the Council, duly adopted, and only after the grantee has been given written notice of the alleged violation, a full hearing affording due process, an opportunity, on reasonable grounds, to appeal an adverse finding, and a reasonable amount of time for corrective action.
(C) The city may require the grantee to continue operating for a period not to exceed 12 months from the date of the Council's decision. In the event of that revocation, the grantee shall have 2 years from the date on which it ceases operations to remove, at its own expense, all portions of its system from all public ways within the city and to restore those public ways to a condition reasonably satisfactory to the city.
(D) In the event that the use of any part of the system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the grantee's franchise or this chapter, or the franchise has been terminated, cancelled, or has expired, the grantee shall promptly, upon being given 10 days' notice, remove from the public way or public places all such property and poles of that system other than any which the City Manager may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the public way or other area from which such property has been removed to a condition satisfactory to the City Manager.
(E) Any property of the grantee remaining in place 30 days after the termination or expiration of the franchise shall be considered permanently abandoned. The City Manager may extend such time not to exceed an additional 30 days.
(F) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Manager shall prescribe. On permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the City Manager an instrument in writing, to be approved by the Director of Law, transferring to the city the ownership of that property.
(1974 Code, § 111.12) (Ord. 38-79, passed 7-16-1979)
(A) Within 60 days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, certificate of compliance, and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of those systems, their associated microwave transmission facilities, and satellite relay facilities.
(B) Within 1 year after all necessary permits, licenses, and authorizations, the grantee shall commence construction and installation of the system, and proceed to render service to subscribers. Completion of construction and installation shall be pursued with reasonable diligence so that service to all areas designated in the request for proposal shall be provided within 1 year from the date that service was first provided insofar as the grantee has power to accomplish this.
(C) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth shall be grounds for revocation of such franchise, under and pursuant to the terms of § 111.12 (A); provided, however, that Council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason or circumstances beyond his or her control.
(1974 Code, § 111.13) (Ord. 38-79, passed 7-16-1979)
(A) The grantee's books and records shall be kept in such a way as to show the activities of this unit separate from any other activities of the grantee.
(B) At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions, or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or on reasonable request made available in the city, and if Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
(C) The grantee shall prepare and furnish to the City Manager at the times and in the forms prescribed by the City Manager, such reports with respect to its operations, affairs, transactions, or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions, or duties of the city or any of its officers in connection with the franchise.
(D) The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all system equipment installed or in use in public ways and other public places in the city.
(E) The grantee shall file with the City Manager, on or before the last day in March of each year, a current map or set of maps drawn to scale, showing revisions made to the system during the previous 12-month period or a certified statement indicating no change has occurred.
(1974 Code, § 111.14) (Ord. 38-79, passed 7-16-1979)
Loading...