Loading...
The city intends, by the adoption of this chapter, to bring about the development and operation of a cable system. This development can contribute significantly to the communications needs and desires of many individuals, associations and institutions. (Ord. 4154, 2-19-1996)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC SERVICE: Any service tier which includes the retransmission of local television broadcast signals.
CABLE ACT: The cable communications policy act of 1984, pub. L. no. 98-549, 98 stat. 2779 (1984) (codified at 47 USC sections 521-611 (1982 & supp. V 1987)) and any amendments thereto.
CABLE SERVICE: a) The one-way transmission to subscribers of video programming or other programming service; and b) subscriber interactive programming or other programming service, or any other lawful communications service.
CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes programming and which is provided to multiple subscribers within a community, but such term does not include: a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities use any public right of way; c) a facility of common carrier which is subject, in whole or in part, to the provisions of title II of the cable act, except that such facility shall be considered a cable system (other than for purposes of section 621 (c) of title I of the cable act) to the extent such facility is used in the transmission of video programming directly to subscribers; or d) any facilities of any electric utility used solely for operating its electric utility system.
CABLE SYSTEM UPGRADE: The process by which the system shall be upgraded pursuant to subsection 3-7-5A of this chapter.
CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the FCC.
CITY: The city of Waterloo, Iowa, or, as appropriate in the case of specific provisions of this franchise, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the city of Waterloo, or any officer, official, employee or any successor thereto.
CITY COUNCIL: The governing body of the city.
COMPLAINT: Any verbal or written inquiry, allegation or assertion made by a person which requires subsequent corrective action to the cable system or any portion thereof, or raises an objection to the programming or business practices of grantee. The term "complaint" does not include an inquiry which is immediately answered by the grantee.
CONVERTER: A device utilized by a subscriber to change the frequency of a signal.
DROP: The cable that connects the subscriber terminal at a point in the subscriber's home, designated by the subscriber, to the nearest feeder cable of the cable system.
FCC: The Federal Communications Commission, its designee, or any successor thereto.
GRANTEE: Any person granted a franchise hereunder, its agents, employees and representatives, or the lawful successor, transferee or assignee thereof.
GROSS REVENUES: Any and all revenues of any kind or nature received directly or indirectly by the grantee derived from the operation or existence of the cable system. Gross revenues shall not include revenues derived directly from national advertising which may be carried on the cable system. This sum shall be the basis for computing the fee imposed pursuant to subsection 3-7-10A of this chapter. This sum shall not include any taxes on services furnished by the grantee which are imposed upon any subscriber or user by the state, county, city or other governmental unit and collected by the grantee on behalf of said governmental unit, including the access support fee identified in subsection 3-7-6G of this chapter. There shall be no other deductions from this sum for uncollected accounts or any other item unless specified herein or as specified in federal law.
INSTALLATION: The act of connecting the cable system from the feeder cable to the subscriber terminal so that cable television service may be received by the subscriber.
INSTITUTIONAL NETWORK: The cable or cables, electronics and ancillary equipment provided pursuant to subsection 3-7-6E of this chapter.
LOCAL OFFICE: A location where the grantee or its agents are available to conduct business with subscribers during normal business hours. Such business could include bill payments, equipment returns, service complaints, new subscriptions or disconnections.
NORMAL BUSINESS HOURS: As applied to the grantee, shall mean those hours during which similar businesses in the city are open to serve customers. In all cases normal business hours must include some evening hours at least one night per week, and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, subscriber billing, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
PERSON: Any natural person or any association, firm, partnership, joint venture, limited liability company, corporation or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY: Any real property, other than a street, owned by any governmental unit.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
SIGNAL: Any transmission or reception of radio frequency energy or of optical information.
STREET: The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right of way now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the city, entitle grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable system.
SUBSCRIBER: Any person or entity who lawfully subscribes to a cable service provided by grantee by means of or in connection with the cable system whether or not a fee is paid for such service.
TWO-WAY CABLE SYSTEM: Pursuant to subsection 3-7-5A of this chapter, means that the headend, trunk cables, distribution plant, amplifiers and other technical components of the cable system have the requisite equipment to potentially provide video, audio, voice, and/or data signals in both directions simultaneously. (Ord. 4154, 2-19-1996)
A. Authority For Use Of Streets:
1. For the purpose of constructing, operating, and maintaining a cable system in the city, grantee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable system, provided that all applicable permits are applied for and granted, all fees paid and all other lawful city codes and ordinances are otherwise complied with.
2. Prior to any construction, reconstruction, or rebuilding of the cable system, grantee shall, in each case, file plans with the city. This requirement shall be in addition to grantee's obligations specified in subsection 3-7-5A2 of this chapter.
3. Grantee shall construct and maintain the cable system so as not to interfere with other uses of streets. Grantee shall make use of existing poles available to grantee, unless grantee chooses to install underground. Grantee shall widely publicize proposed construction work prior to commencement of that work. Such publicity shall include, but not be limited to: a) publication in local newspapers identifying all affected areas, dates of such work and grantee's telephone number; b) a character-generated notice on the public access channel, which both parties recognize may be preempted by the city, which shall appear on the cable system a reasonable number of times during prime time viewing hours to place subscribers on notice. Except in case of emergency beyond grantee's reasonable control, grantee shall individually notify verbally or in writing all residents affected by proposed underground work, when such work shall affect thirty percent (30%) or more of existing subscribers, not less than forty eight (48) hours prior to commencement of that work. Such notice shall include the grantee's telephone number.
4. Notwithstanding the above grant to use the streets, grantee may only use such streets for normal cable system operations and may not substantially deviate from the intended use of such streets. The city may determine whether grantee's use is materially inconsistent or a substantial deviation from the terms, conditions or provisions by which such street was created or dedicated, or presently used. The city may not unreasonably withhold access to said streets.
B. Nature Of Franchise: Upon acceptance, the grantee's nonexclusive franchise for the occupation and use of the streets within the city for the construction, operation, maintenance, upgrade, repair and removal of the cable system in accordance with the provisions of this chapter shall be deemed to be valid.
C. Franchise Term: A franchise shall commence upon acceptance by grantee and compliance with all applicable provisions of Iowa law as defined herein.
D. Area Covered: This chapter is applicable within the city limits of Waterloo. In the event of annexation by the city, any new territory shall become part of the area covered.
E. Use Of Grantee Facilities: The city shall have the right to install and maintain at a charge consistent with grantee's incurred costs from the city, or telephone company, including other applicable utility rental charges, upon the poles and within the underground pipes and conduits of grantee, any wires and fixtures desired by the city to the extent that such installation and maintenance does not interfere with existing and future operations of grantee and provided that city holds grantee harmless against and from all claims, demands, costs or liabilities of every kind and nature whatsoever arising out of such use of poles or conduits, including, but not limited to, reasonable attorney fees and costs.
F. Written Notice: All reasonable notices, reports or demands required to be given in writing under this chapter shall be deemed to be given when delivered personally to the person designated below, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next addressed business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows:
City Attorney's Office
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, IA 50703
Attn: Cable Commission
G. Franchise Nonexclusive: Any franchise granted herein is nonexclusive. The city specifically reserves the right to grant, at any time, additional franchises for a cable system in accordance with state and federal law. Subject to the Cable Act, in the event that the city enters into a cable franchise with any other person or entity other than grantee, to enter into the city's streets and public ways for the purpose of constructing or operating a cable system, the material provisions thereof shall not be more favorable or less burdensome than those contained herein, considering all the circumstances.
H. Compliance With Laws:
1. Subject to applicable local, state and federal law, grantee's rights are subject to the lawful police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public.
2. This chapter is subject to all applicable federal laws and regulations and shall be construed and enforced in accordance with the laws of the state.
3. This chapter is adopted as an exercise of the city's governmental powers, pursuant to the specific authority conferred upon it by Iowa law. (Ord. 4154, 2-19-1996)
A. Cable System Design:
1. Grantee shall immediately undertake all necessary steps to rebuild and/or substantially upgrade and, thereafter, operate and maintain over the term of any franchise, the cable system utilizing fiberoptic technology or other substantially similar and equally effective technology to significantly improve signal quality and reliableness of the cable system and greatly reduce the number of amplifiers in line between the headend and/or node and the extremity points of the cable system. Upon completion of said rebuilding and/or substantial upgrading, the cable system shall have the capability of delivering at least seventy seven (77) television channels. Construction shall be completed on or before December 31, 1999, and shall be fully operational within thirty (30) days following completion of construction. Grantee recognizes that completion of construction on or before December 31, 1999, shall be considered a material term of this franchise, the violation of which shall be grounds for revocation pursuant to subsection 3-7-10J of this chapter.
2. Grantee shall make available to the city for inspection at grantee's Waterloo office, a full description of the cable system proposed for construction, including as-built maps for the entire cable system, as rebuilt or substantially upgraded, to the extent such maps have not been previously provided to the city.
B. Interconnection:
1. The cable system shall be designed to be interconnected with other cable systems operated by grantee.
2. The city may request grantee to negotiate interconnecting the institutional network or cable system, or both, with other adjacent systems in the general area. Grantee shall use its best efforts to negotiate such interconnection and shall keep the city informed of the progress of any negotiations.
C. Provision Of Service:
1. After service has been established by activating trunk and distribution cable for any area, subject to minimum density requirements set forth in subsection 3-7-9D of this chapter, grantee shall provide service to any requesting subscriber within that area seven (7) days from the date the subscriber's request is received by grantee's customer service representative.
2. Grantee shall install and provide its most complete cable service which shall, at a minimum, include basic service and expanded service (excluding, but not necessarily limited to, premium, pay-per-view and DMX-digital radio service) to all public buildings designated by the city at no charge for the initial installation nor for monthly service provided at each location. Each of these installations shall include a signal drop, one outlet and one converter (or such other terminal equipment as may be necessary to provide an electronic interface with a television receiver). The public buildings to be provided this service, subject to the terms and conditions of this franchise, shall include, but not be limited to, the following:
a. Each city public school building;
b. Each city fire station;
c. Two (2) locations in the city hall complex, to be designated by the cable commission;
d. All public library locations within the city limits;
e. The police department;
f. AEA 7;
g. All existing parochial schools; and
h. Any additional or relocated public agency, so long as such buildings are within six hundred feet (600') from the existing cable system and grantee receives advanced written notice at the same time as other utilities to enable grantee to minimize costs associated with such installation. If a public agency fails to provide grantee notice substantially the same as that provided by other utilities, service will be provided at grantee's cost for time and materials only.
i. Hawkeye Community College.
D. Technical Standards: The cable system shall be designed, constructed and operated so as to meet those technical standards promulgated by the federal communications commission relating to cable systems contained in part 76 of the federal communications commission's rules and regulations relating to cable systems and found in Code of Federal Regulations, title 47, sections 76.601 to 76.617, as amended, or as may, from time to time, be amended. Grantee shall provide the city with a list of the tests required by the Federal Communications Commission. The city may reasonably request in writing copies of any test results and/or other reports submitted by grantee to the FCC. Grantee shall provide a copy of such test results when requested in writing by the city within fourteen (14) days of receipt of such written request. Grantee shall provide the above-referenced list within sixty (60) days of adoption of this franchise and shall update the list as necessary throughout the term of the franchise.
E. Special Testing:
1. At any time after commencement of service to subscribers, the city may require or may retain an independent engineer to perform additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's drop. Grantee shall have reasonable notice of any such tests and shall have an opportunity to have a designated employee present. Such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy.
2. The city shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.
3. If such special testing establishes that the cable system substantially meets all required technical standards, the city shall bear the expense for such special testing.
4. If such special testing establishes that the cable system does not substantially meet all required technical standards, grantee shall bear the expense for such special testing and shall immediately undertake all necessary steps to correct the problem.
F. Signal Quality: The cable system shall distribute a video signal on all activated channels in a subscriber's home, in black and white or color, depending upon whether color is being cablecast, that is reasonably undistorted and free from internally generated ghost images, graininess or snow, vertical, horizontal or diagonal interference lines and without degradation of color fidelity. The cable system shall distribute audio that is reasonably undistorted from its reception quality and of consistent loudness level on a television receiver of average quality.
G. Monthly Testing: Grantee shall conduct monthly technical performance tests as required by the FCC and shall provide to the city copies of the test results within fourteen (14) days of a written request from the city.
H. Monthly Operational Status Reports: Upon request, grantee shall provide monthly reports to the city of the following statistical information: 1) number of repair service requests; 2) breakdown by type of complaints received; 3) breakdown by cause of problems experienced on the cable system; 4) breakdown by type of response or resolution of complaints received or problems experienced with the cable system. Notwithstanding anything to the contrary set forth herein, grantee may reasonably designate information released to the city as proprietary or confidential in nature. To the extent legally permissible, the city agrees to treat any information disclosed by grantee to it 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 of this chapter. (Ord. 4154, 2-19-1996)
Loading...