Section
110.01 Short title
110.02 Declaration of purpose
110.03 Definitions
110.04 Franchise required
110.05 Franchise; application; contents; fees; issuance; transfer
110.06 Franchise; nonexclusive; term; form
110.07 Franchise; fees; reporting; records
110.08 Construction of facilities; right to use streets; restrictions; disposal; duties
110.09 Standard service
110.10 Rates; distribution; filing schedules; maximum rates; increase in rates, procedures
110.11 Service provision to township, schools; public emergencies
110.12 Indemnity; proof of insurance; effective date of franchise
110.13 Termination; revocation or surrender of franchise
110.14 Commencement and completion of construction
110.15 Hearing and determination of complaints; procedure; local office
110.16 Priority of use
110.17 Surrender of other franchises
110.18 Reports
110.19 Rights of township
110.20 Cable Communications Commission
110.21 Miscellaneous provisions
110.22 Effective date
110.99 Penalty
The purpose of this chapter is to provide fair regulation of cable communications service in the Township of Williamstown in the interest of the public; to promote and encourage adequate, economical and efficient cable communications service to the residents of the Township of Williamstown; to promote and to encourage harmony between cable communications companies and their subscribers and to provide for the furnishing of cable communications service to the residents of the Township of Williamstown without unjust discrimination, undue preferences or advantages.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
The following words, when used in this chapter, shall have the following meanings, unless otherwise clearly apparent from the context.
BOARD. The Township Board of the Township of Williamstown, or its designee.
CABLE COMMUNICATIONS COMPANY. Any person who owns, controls, operates or manages a cable communications system for the purpose of providing cable communications service to members of the public located in the Township of Williamstown; except that the definition shall not include:
(1) A telephone, telegraph or electric utility in a case where it merely leases or rents to a cable communications company utility pole contact space for the placing thereon of wire or cable facilities used in the distribution of television or other signals to the subscribers of such cable communications company; or
(2) A telephone or telegraph utility regulated by the Michigan Public Service Commission or Federal Communications Commission in a case where it merely provides communication channel service under published tariffs to a cable communications company for the distribution of television signals to the subscribers of the company.
CABLE COMMUNICATIONS SERVICE. The business, in whole or in part, of receiving directly or indirectly over the air and amplifying or otherwise modifying signals transmitting programs broadcast by one or more signals, sound signals, pictures, visual images, digital signals, telemetry or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals off the air, and redistributing the signals by wire, cable or other means to members of the public located in the Township of Williamstown who pay for the service.
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, CABLE TELEVISION SYSTEM, CATV or SYSTEM. A system of coaxial cables or other conductors, antennas, transmitters, fixtures, converters, distribution network, studios and other equipment used or to be used to originate or receive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals of the air. Provided, however, the definition shall not include any separate system which serves only the residents of a single apartment building under common ownership, control or management, upon approval of the Township Engineer of the Township of Williamstown.
PERSON. One or more individuals, firms, corporations, associations, partnerships or organizations of any kind and any combination thereof.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
(A) Constructing, operating system; acquiring cable communications company. No person shall construct, install, maintain or operate a cable communications system in the Township of Williamstown, nor shall any person provide a cable communications service or acquire ownership or control of the cable communications company in the Township of Williamstown without the person having first obtained a franchise therefor from the Township of Williamstown in the form of a franchise agreement between the Township of Williamstown and the franchisee, which franchise agreement shall include, at a minimum, compliance with the specifications of this chapter.
(B) Use of streets and the like for installing, operating system. No person shall use, occupy or traverse the city streets, alleys, lanes, avenues, boulevards, sidewalks, bridges, viaducts, rights-of-way or any other public place or public way in the Township of Williamstown or any extensions thereof or additions thereto, whether on, above or under the surface of the ground, for the purposes of installing, constructing, maintaining or operating a cable communications system or facilities therefor or for the purpose of furnishing a cable communications service, without the person having first obtained a franchise therefor from the Township of Williamstown in the form of a franchise agreement between the Township of Williamstown and the franchisee, which franchise agreement shall include, at a minimum, compliance with all the specifications of this chapter.
(C) Minimum, additional requirements. The specifications required by this chapter are minimum requirements of a franchise agreement. Additional requirements including, but not limited to, rates, charges, deposits, specifications regarding required interconnections, studios or other signal origination facilities, number of channels to be equipped and available for immediate use upon initial construction of the system, use of channels by the township, schools and other educational institutions, quality of community access, availability of equipment to users, required establishment and expansion of service area, other use of channels and other specifications or requirements of a cable communications franchisee or system may be established in the franchise agreement.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
(A) Application information, fee. The application for the franchise to install, construct, maintain or operate a cable communications system in the Township of Williamstown or to furnish a cable communications service therein shall be made in writing to the Board in such form as may be prescribed; shall include a description and map of the territory within the Township of Williamstown in which the cable communications system is to be installed, constructed maintained or operated or cable communications service to be provided; shall be accompanied by a showing of the applicant's legal, financial, technical and other qualifications to be a franchisee, hereunder; and shall contain:
(1) In establishing legal qualifications, if other than a single individual, a certified copy of the partnership agreement, articles of association, or articles of incorporation, as the case may be, and also, if a foreign corporation, a certified copy of its authorization to do business in the State of Michigan;
(2) In establishing financial qualifications, a copy of applicant's current balance sheet as of a date not more than 60 days prior to the date of the application shall be furnished; if a loan or other credit arrangement is to be consummated to finance the establishment and operation of the proposed facilities, full particulars relative thereto shall be disclosed, including the identity of the creditor;
(3) In establishing technical qualifications, a statement of the arrangements to ensure the rendition of good service, including the type and kind of facilities to be employed, the technical standards to be followed, the maintenance and repair facilities to be used, the number and description of technical personnel, including copies of any contracts, agreements or arrangements relating to any of the above;
(4) A statement as to the location of the antenna site or sites and the location of any places of business in the Township of Williamstown;
(5) A statement as to any affiliated corporations or business organizations engaged in providing cable communications service, or interlocking directorships or ownerships held by any owners, officers or directors of applicant with any other business engaged in providing cable communications service;
(6) A detailed statement as to the arrangements and timetable by which the applicant proposes to construct its cable communications facilities and system, including detailed descriptions of portions of the township to be served by the system within one year, 18 months, two years, 30 months and three years of the granting of a certificate of compliance by the Federal Communications Commission;
(7) The applicant shall furnish information as to the programming services and public services which it shall propose to provide:
(a) The off-air signals to be carried initially;
(b) The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interests; and
(c) Projected development of customer and community services, indicating priorities in development, and estimated time schedules therefor.
(8) Cost estimates of development, installation and maintenance of system which items shall be deemed to include, but not be limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested;
(9) Revenue forecasts for the next five years of service;
(10) A proposed schedule of rates for installation charges, monthly service fees and relocation charges; and
(11) Such other information as the township may request. The application shall be accompanied by a fee of $1,000, which fee shall be refunded if applicant is not granted a franchise.
(B) Additional information. Upon the filing of such an application and the payment of the fee as prescribed, the Board shall consider the application and may request such additional information as it may deem necessary to establish the legal, financial, technical and other qualifications of the applicant to provide a cable communications service in the Township of Williamstown.
(C) Issuing franchise. If the Board determines that the applicant possesses the necessary qualifications, legal, financial, technical and otherwise, to reasonably assure the applicant's ability to satisfactorily install, construct or maintain or operate a cable communications system or to furnish a cable communications service to the public in the Township of Williamstown, the Board may issue applicant a nonexclusive franchise therefor in the Township of Williamstown, provided that, no franchise shall be issued:
(1) Until the franchise application has been on file and available for public inspection in the office of the Township Clerk for at least 30 days; and/or
(2) Until the Board has, thereafter, held a public hearing on the application after due notice of the time and place of the hearing has been given to the public.
(D) Considerations of Board. In determining whether such a franchise shall be issued, the Board shall take into consideration, among other things, the technical qualifications of the applicant; the financial responsibility of the applicant; the ability of the applicant to perform efficiently the service for which the franchise is requested, including the prior experience, if any, of the applicant in providing cable communications systems or furnishing cable communications service; the proposed rate schedule; the nature and scope of the applicant's proposed system; and the timetables for development of applicant's proposed system.
(E) Transfer of franchise.
(1) No franchise granted hereunder may be sold, transferred or assigned unless the transaction is first approved by the Board after receipt of a written application therefor containing the same information as to transferee as would be required of an original applicant. Prior approval of the Board shall be required where ownership or control of more than 25% of the right of control of franchisee is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively. No franchise granted hereunder may be sold, transferred or assigned; nor may more than 25% of the right of control of franchise be transferred to a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively, until the sale, transfer or assignment of franchise or transfer of right of control shall first have been offered to the township or to a person approved by the Township Board.
(2) The offer shall be made at a price not greater than, and on terms equivalent to, that made to the offeror by a bona fide bidder for such franchise or right of control. The township or the person approved by the Township Board shall accept or reject the offer within 90 days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
(A) Annual franchise fee; computing. During the term of any franchise granted pursuant to this chapter, the person granted the franchise shall pay to the Township of Williamstown, for the use of its streets, public places and other facilities, as well as the maintenance, improvements and supervision thereof, and for the regulation activities required by virtue of the franchise, an annual franchise fee in an amount equal to 3% of the annual local gross subscriber revenues. Local gross subscriber revenues are those gross revenues of the franchisee from subscribers within the township. Local gross subscriber revenues include installation fees, disconnect and reconnect fees, and fees for regular cable benefits, including the transmission of broadcast signals and access and origination channels. Local gross subscribers revenues include local gross revenues from Pay TV, in excess of the fair market value royalty paid by franchisee therefor, and local leased channel revenues. To the extent that franchisee's books of account do not reflect the source of any gross subscriber revenue, that portion of gross subscriber revenue allocable to the Township of Williamstown shall be based on the ratio of the number of subscribers in the township to the number of subscribers outside the township. Sales tax or other taxes levied directly on a per subscription basis and collected by franchisee shall be deducted from the local gross revenues before computations of the fee due the township is made. The township shall be furnished a statement with each payment, certified as correct by the franchisee, and an annual statement for the entire year, prepared by a certified public accountant. All statements shall reflect the total amount of local gross subscriber revenues and the above charges, deductions and computations for the period covered by the statement.
(B) Fee; when payable. The franchise fee shall be paid annually during the existence of the franchise on or before a date 30 days subsequent to each anniversary date of the franchise at the office of the Treasurer of the Township of Williamstown during regular business hours. If the Township Treasurer's office is closed on the thirtieth day, then payment may be made during regular business hours on the next following day on which the office is open for business.
(C) Records; inspection. The township shall have the right to inspect at all reasonable times the customer records of any person granted a franchise hereunder from which its franchise fee payments are computed and shall have the right of audit and recomputation of any and all franchise fees paid. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the township may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation hereunder.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
(A) Rights nonexclusive. A franchise granted pursuant to this chapter shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above and across the streets, avenues, highways, sidewalks, bridges and other public ways, easements and rights-of-way, as existing as of the date of the grant of said franchise and all subsequent extensions thereof and additions thereto, in and belonging to the Township of Williamstown, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes and other television and/or radio conductors, equipment and fixtures for the installation, construction, maintenance and operation of a cable communications system (including audio, video and radio signals) or the furnishing of a cable communications service.
(B) Description of facilities; map. Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes or fixtures for use in connection with the installation, construction, maintenance or operation of a cable communications system under a franchise granted pursuant to this chapter, the grantee of a franchise hereunder desiring to erect or install the facilities for use in connection with its cable communications system shall first submit to the Township Engineer of the Township of Williamstown for his or her review and approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of the facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the Township Engineer; provided, further, that, the approval shall not be unreasonably withheld.
(C) Attachment space for township. Any person accepting a franchise pursuant to this chapter and erecting or installing towers or poles shall, upon written request by the Township of Williamstown, grant the Township of Williamstown reasonable attachment space or spaces upon the towers or poles without a rental charge for the attachment of wire or cable owned and used by the Township of Williamstown; provided, however, that, the Township of Williamstown shall pay any costs incurred by the person in providing attachment space or spaces to the township, including all necessary costs of rearrangement of the person's wires, cables or equipment and tower or pole replacement cost for a larger tower or pole, if required.
(D) Purchase, removal of system. Upon the expiration, termination or revocation of any franchise granted pursuant to this chapter, or should any person wish otherwise to dispose of any tower or pole erected or installed for use in connection with a cable communications system or any portion of the system, the Township of Williamstown retains the first right and option to purchase in place the towers or poles as it may require or the portion of the system for the fair market value thereof. The township shall be under no obligation to purchase all or any part of the system upon expiration, termination or revocation for cause of any franchise granted pursuant to this chapter. Further, upon the expiration, termination or revocation for cause of any franchise granted pursuant to this chapter, should the township determine that it does not desire to purchase the system or any part thereof, the franchisee shall have a period of six months from the date of expiration, termination or revocation to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places. Provided, however, that, franchisee shall not disturb any underground conduit, manholes or other facilities constructed underground. At the expiration of the six- month period, any property not removed by franchisee shall become the property of the Township of Williamstown to do with as it may choose. Any cost to the Township of Williamstown in removing the property from the streets, alleys, public rights-of-way or public places shall be claimed against franchisee under the performance bond required under § 110.12.
(E) Underground facilities. In areas or portions of the Township of Williamstown where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this chapter shall likewise install, construct, maintain and operate its transmission and distribution facilities in like manner underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the Williamstown Township Engineer as hereinbefore provided in division (B) above.
(F) Compliance with applicable regulations. All construction, installation, maintenance and operation of any cable communications system or of any communications service or of any facilities employed in connection therewith shall be in compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, and applicable regulations of public utilities operating in the Township of Williamstown. Every cable communications system or service installed, constructed, maintained or operated in the Township of Williamstown shall be so designed, constructed, installed, maintained and operated as not to endanger or interfere with the safety of persons or property in the Township of Williamstown.
(G) Street openings; protection, repair. Any opening or obstruction in, disturbance of or damage to the streets, alleys, public rights-of-way or public places by any person in the exercise of any right granted pursuant to this chapter shall be properly guarded by adequate barriers, lights, signals and warnings as to prevent danger to any person or vehicle using such streets, alleys, public rights-of-way or public places and shall be properly and promptly repaired, all in a manner specified and approved by the Township Engineer, at such person's expense.
(H) Relocation, removal of property.
(1) Any person owning or maintaining a cable communications system or service or facilities therefor in or on the streets, alleys, public rights-of-way or public places in the Township of Williamstown shall, at its expense and without reimbursement from the township, upon request of the Township of Williamstown, protect, support, temporarily disconnect, relocate or remove from the street, alley, public right-of-way or public place, any property of the person when required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, the construction or change of the transmission or distribution facilities of any telephone or electric public utility or other public improvements.
(2) Any such person shall also, at the request of any private party holding an appropriate permit issued by the Township of Williamstown, temporarily raise or lower its cable communications transmission or distribution wires or cables to permit the moving of any building or other structure; provided that, the actual expense of the temporary raising or lowering shall be paid in full by party requesting the same.
(I) Failure to complete work. If any person shall fail to commence, pursue or complete any work required by law or by the provisions of this chapter, as hereinbefore set forth, to be done in any street, alley, public right-of-way or public place as designated by the Engineer of the Township of Williamstown, the Township Engineer may cause the work to be done and the person shall pay to the Township of Williamstown the cost thereof within 30 days of the receipt of an itemized statement of the cost.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)
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