Sections:
Article I Controlling Authority.
4.20.100.1 Agreement is subject to provisions of applicable city ordinances and amendments thereto.
4.20.100.2 Ordinance and agreement are subject to requirements of Communications Act of 1934 and amendments thereto.
4.20.100.3 Regulatory authority.
4.20.100.4 Communications with federal and state regulatory organizations—Franchisee to provide city with copies/notice of all communications with federal/state court or regulatory agencies.
4.20.100.5 Failure to follow federal, state and local laws and regulations.
Article II Scope of Ordinance.
4.20.101.1 Master ordinance.
4.20.101.2 Authorization to engage in business and to use city streets.
4.20.101.3 Grant of authority shall not be exclusive.
4.20.101.4 All operations of the franchisee upon city property must be approved.
4.20.101.5 Violations for not having a franchise—Authorized connections—Tampering.
4.20.101.6 Applications to be submitted to city for initial franchise.
4.20.101.7 Franchisee to obtain all permits, licenses required within 90 days.
4.20.101.8 Franchisee to comply with nondiscrimination and affirmative action requirements.
4.20.101.9 Franchisee shall not discriminate in its employment practices.
4.20.101.10 Franchisee shall annually submit copy of its EEO filing with the FCC.
4.20.101.11 Franchisee shall provide opportunities for small business, minority business, and women-owned businesses as required by law.
4.20.101.12 Use of real property, city support.
4.20.101.13 Complimentary installation and basic service.
4.20.101.14 Safety requirements.
4.20.101.15 Allowed systems.
4.20.101.16 Activity regulations.
4.20.101.17 Disclaimer of official sanction.
Article III Definitions.
4.20.102 Definitions.
4.20.102.1 A/B switch.
4.20.102.2 Access channel.
4.20.102.3 Access corporation.
4.20.102.4 Agreement or franchise agreement.
4.20.102.5 Alternative administrative charge.
4.20.102.6 Auxiliary equipment.
4.20.102.7 Basic service.
4.20.102.8 Cable act.
4.20.102.9 Cable administrator.
4.20.102.10 Cable operator.
4.20.102.11 Channel.
4.20.102.12 City.
4.20.102.13 Collection charge.
4.20.102.14 Complaint.
4.20.102.15 Construction.
4.20.102.16 Consumer.
4.20.102.17 Council.
4.20.102.18 CSR.
4.20.102.19 Customer.
4.20.102.20 Day.
4.20.102.21 FCC.
4.20.102.22 FCC rules.
4.20.102.23 FCC technical standards.
4.20.102.24 Franchisee or franchisees.
4.20.102.25 Franchise administrator.
4.20.102.26 Gross revenues.
4.20.102.27 Initial activation or provision of cable service.
4.20.102.28 Installation charge or connection fee.
4.20.102.29 Reserved.
4.20.102.30 Ordinance.
4.20.102.31 Internet.
4.20.102.32 Internet.
4.20.102.33 Internet-access.
4.20.102.34 Internet-service.
4.20.102.35 Leased access channel.
4.20.102.36 Local origination programming.
4.20.102.37 Cable system.
4.20.102.38 Cable casting.
4.20.102.39 Cable services.
4.20.102.40 Cable service provider.
4.20.102.41 Cable service provider oversight council.
4.20.102.42 Normal operating conditions.
4.20.102.43 Other communications services.
4.20.102.44 Person.
4.20.102.45 Proposal or application.
4.20.102.46 Property of franchisee.
4.20.102.47 Scheduled outages.
4.20.102.48 Section.
4.20.102.49 Service.
4.20.102.50 Service interruption or signal interruption.
4.20.102.51 Service related activity.
4.20.102.52 Standard service drop.
4.20.102.53 State-of-the-art.
4.20.102.54 Street or city street.
4.20.102.55 Subscriber.
4.20.102.56 Two-way communication.
4.20.102.57 Rate or user fee.
4.20.102.58 User.
4.20.102.59 Miscellaneous terms.
Article IV Disputes.
4.20.103.1 Cable administrator decisions.
4.20.103.2 Council review of appeals from cable administrator’s decisions.
Article V Duration of Franchise and Renewals.
4.20.104.1 Term of franchise to be specified in franchise agreement.
4.20.104.2 Term of cable system franchise.
4.20.104.3 City has right to grant or deny franchise renewal.
4.20.104.4 Renegotiation may be done at any time.
4.20.104.5 Franchise renewal.
4.20.104.6 Franchise to be terminated if city decides not to grant a renewal.
4.20.104.7 Reimbursement for costs associated with renewal.
Article VI Effective Date.
4.20.105 Effective date.
Article VII Liability Upon Expiration, Termination, Revocation or Nonrenewal.
4.20.106.1 Expiration, termination, revocation or nonrenewal of franchise agreement.
4.20.106.2 Permission for franchisee to sell cable system.
4.20.106.3 Removal of facilities.
Article VIII Protection of City Against Liability.
4.20.107.1 The franchisee to indemnify the city.
4.20.107.2 Duty to defend.
4.20.107.3 Required insurance.
4.20.107.4 Comprehensive general and automobile liability insurance.
4.20.107.5 Required insurance against liability for workers’ compensation.
4.20.107.6 City reserves right to annually review and change amounts and types of insurance coverage.
4.20.107.7 Failure by franchisee to maintain insurance coverage constitutes material breach.
4.20.107.8 Additional requirements for insurance policies.
4.20.107.9 Conflict of law.
Article IX Liquidated Damages.
4.20.108.1 The city reserves the right to assess liquidated damages.
4.20.108.2 Parties shall agree to specific liquidated damages to be paid by franchisee for certain delays or nonperformance.
4.20.108.3 Liquidated damages—Amounts.
Article X Procedures for Assessing Liquidated Damages.
4.20.109.1 Requirement of notice and opportunity to cure—Reason for suspension of requirement.
4.20.109.2 Other franchise violations—Procedures for remedying.
Article XI Complaint Procedures.
4.20.110.1 Supervision and regulation of franchise—Franchisee’s attendance at meetings.
4.20.110.2 Franchisee to maintain an office or service center in accordance with franchise agreement.
4.20.110.3 Repair and maintenance crew to be maintained that is capable of responding to subscriber complaints.
4.20.110.4 Notice to be given subscribers regarding complaint handling procedures.
4.20.110.5 Cable service complaints to be logged, showing nature and disposition of each complaint.
4.20.110.6 Outage log to be maintained showing details of service failures.
Article XII Rate Regulation and Franchise Fees.
4.20.111.1 City may regulate rates if permitted by law.
4.20.111.2 Current rate schedule to be filed with city—30 days notice required prior to rate change.
4.20.111.3 Subscriber rates.
4.20.111.4 Other rate matters.
4.20.111.5 Franchisee to pay city five percent, or maximum permitted by law, of gross annual revenue as a franchise fee.
4.20.111.6 Franchise fee also applies to any person distributing a service over the cable system.
4.20.111.7 Franchise fee to be paid quarterly along with statement verifying all collected gross revenues.
4.20.111.8 City may examine all franchisee’s records to determine accuracy of amounts payable to city.
4.20.111.9 Acceptance by city.
4.20.111.10 Late payment of franchise fee to be charged interest and penalty.
4.20.111.11 Alternative user charge.
4.20.111.12 Alternative user charge to be paid quarterly along with statement verifying gross revenues.
4.20.111.13 Franchise required—Exception.
Article XIII Receivership and Foreclosure.
4.20.112.1 Any franchise granted shall, at the option of city, cease and terminate upon initiation of bankruptcy proceedings by a franchisee.
4.20.112.2 Foreclosure or other involuntary sale of any material property.
4.20.112.3 Cable administrator as common agent.
Article XIV Access Channel Requirements.
4.20.113.1 All local cable systems shall interconnect their access channels.
4.20.113.2 Minimum channels required.
4.20.113.3 Fee for support of PEG access facilities and activities.
4.20.113.4 City’s responsibilities.
4.20.113.5 Franchisee’s responsibilities.
4.20.113.6 No lease or assignment.
4.20.113.7 Entities to administer channels.
4.20.113.8 Program censorship prohibited.
4.20.113.9 Access channels part of basic service.
4.20.113.10 Limitation on commercial use of access channels.
4.20.113.11 PEG access equipment.
Article XV Cable System Construction Requirements.
4.20.114.1 Map and detailed plan to be provided within 90 days.
4.20.114.2 City has power to review and approve construction plans.
4.20.114.3 Franchise’s as-built drawings.
4.20.114.4 Approval for construction or placement of equipment or facilities.
4.20.114.5 Construction and operation deadline.
4.20.114.6 Delay in system construction.
4.20.114.7 Failure to proceed with construction and/or reconstruction.
4.20.114.8 Service drops.
4.20.114.9 Aerial and underground drops in excess of 150 feet are not to exceed actual installation costs.
4.20.114.10 Underground installation not to exceed standard installation if subscriber provides trenching and conduit.
4.20.114.11 Installation of A/B switches.
4.20.114.12 Reserved.
4.20.114.13 System construction and operation—Annual proof of performance tests—Independent tests.
4.20.114.14 Additional specifications—Standby power—National, state and local code requirements.
4.20.114.15 Construction in city rights-of-way—Undergrounding—Relocation.
4.20.114.16 Construction or installation requires encroachment permit.
4.20.114.17 Temporary buildings.
4.20.114.18 Access to trenches.
4.20.114.19 Reserved.
4.20.114.20 Reciprocity.
4.20.114.21 Availability and use of utility services.
4.20.114.22 If city determines any part of facilities are harmful to health and safety of any person, franchisee shall promptly correct.
4.20.114.23 Franchisee to maintain system in conformance with FCC signal leakage rules.
4.20.114.24 Franchisee to take all reasonable steps to prevent accidents.
4.20.114.25 Notice of cable construction/repair to subscribers.
4.20.114.26 Cable system design and architecture.
4.20.114.27 Obstruction of city rights-of-way.
4.20.114.28 Location of transmission and distribution structures.
4.20.114.29 Permits required to be obtained prior to any physical work being performed on city streets.
4.20.114.30 Detailed maps of entire system required prior to issuance of construction permit—Maps also to be filed with affected utility companies.
4.20.114.31 Undergrounding of pedestals.
4.20.114.32 Changes required by city improvements.
4.20.114.33 Altering city or other public facilities.
4.20.114.34 Franchisee shall temporarily move its wires to permit moving of buildings.
4.20.114.35 Replacement, repair, and restoration of damage to city facilities.
4.20.114.36 Failure to complete required work.
4.20.114.37 Emergency work.
4.20.114.38 Tree trimming.
4.20.114.39 Removal and abandonment of property of franchisee.
4.20.114.40 Abandonment of property.
4.20.114.41 Removal of replaced plant or equipment.
4.20.114.42 Line extension policy.
4.20.114.43 Clean up.
Article XVI Special Provisions Applicable to Holders of State Video Franchises.
4.20.115 Franchise fee.
4.20.115.1 Audit authority.
4.20.115.2 Customer service penalties under state video franchises.
4.20.115.3 City response to state video franchise applications.
4.20.115.4 PEG access channel capacity.
4.20.115.5 Interconnection.
4.20.115.6 Emergency alert system and emergency overrides.
4.20.115.7 Encroachment permit application.
Article XVII Cable Service Provider Franchise Requirements.
4.20.116.1 Franchise required.
4.20.116.2 Applicable documents.
Article XVIII Reporting Requirements.
4.20.117 Reporting requirements.
4.20.117.1 Monthly progress reports.
4.20.117.2 Quarterly reports.
4.20.117.3 Annual reports.
4.20.117.4 Shareholder and financial reports.
4.20.117.5 Reports regarding operations, affairs, transactions of franchisee.
4.20.117.6 Equipment location maps.
4.20.117.7 Materials and information applicable to business, ownership and operations of system.
4.20.117.8 Public reports.
4.20.117.9 Cost of reports.
4.20.117.10 Reserved.
4.20.117.11 Performance evaluation/franchise compliance.
Article XIX System Requirements.
4.20.118.1 Emergency override.
4.20.118.2 Interconnection working group.
4.20.118.3 The IWG shall be chaired by a representative of the city.
4.20.118.4 No proliferation of city data network transmissions beyond cable system.
Article XX System Design Requirements--Scope.
4.20.119 System design requirements--Scope.
Article XXI System and Franchisee Performance Evaluation Requirements.
4.20.120.1 Subscriber surveys as to programming interests and quality of franchisee’s services and operations.
4.20.120.2 Sessions to be held every three years--Notice and timing.
4.20.120.3 Access channel sessions shall be open to the public.
4.20.120.4 Discussion topics listed.
4.20.120.5 Report required of franchisee, details outlined.
4.20.120.6 City may request additional information and clarification to determine franchise compliance.
4.20.120.7 City may issue report on compliance with cable service provider ordinance and franchise agreement and require improvements where necessary.
Article XXII System Testing And Franchise Performance Reports Requirements.
4.20.121.1 Ten or more complaints received by cable administrator.
4.20.121.2 Required test may be done by independent engineer at cost of franchisee.
Article XXIII Technical and Performance Requirements.
4.20.122.1 Scope.
4.20.122.2 Failure to meet technical and performance requirements.
4.20.122.3 Engineering.
4.20.122.4 General.
4.20.122.5 Antennas.
4.20.122.6 Electricity.
4.20.122.7 Subscriber installation material.
4.20.122.8 Best engineering effort.
4.20.122.9 Failure to comply with FCC technical standards.
4.20.122.10 Reserved.
4.20.122.11 Reserved.
4.20.122.12 Reserved.
4.20.122.13 FCC and franchise rules.
4.20.122.14 Radiation leakage.
4.20.122.15 Overhead.
4.20.122.16 Ground clearance.
4.20.122.17 Underground.
4.20.122.18 Conduit.
4.20.122.19 Trenches.
4.20.122.20 Rock.
4.20.122.21 Cathodic protection.
Article XXIV Reservation of City’s Rights.
4.20.123.1 City’s reservation of rights.
4.20.123.2 City reserves right to adopt additional terms, conditions and regulations.
4.20.123.3 City discretionary powers.
4.20.123.4 Procedures for adoption of additional ordinances or regulations.
4.20.123.5 City has right to acquire cable system.
4.20.123.6 If city acquires system, city may dispose of the system in any manner.
4.20.123.7 Privileges claimed by franchisee in city streets and easements subordinate to city’s rights.
4.20.123.8 Right of inspection of construction.
4.20.123.9 Right to inspect facilities.
4.20.123.10 Right to viewing of performance tests and selection of test points.
Article XXV State-of-the-Art Technology Review.
4.20.124.1 Franchisee shall provide review of state-of-the-art technology every three years.
4.20.124.2 Experiments or tests to ascertain need for improvement in state-of-the-art.
Article XXVI Security—Construction Bond.
4.20.125.1 Bond required for system construction or reconstruction.
4.20.125.2 Construction bond to cover losses suffered by failure to complete system pursuant to terms of the franchise agreement and the ordinance codified in this title.
4.20.125.3 Construction bond shall be terminated after city finds franchisee has satisfactorily completed construction or reconstruction.
4.20.125.4 City’s rights with respect to construction bond are in addition to other rights.
4.20.125.5 Endorsement required assuring no bond cancellation until 60 days after notice to city.
Article XXVII Security--Letter of Credit.
4.20.126.1 Irrevocable letter of credit required of franchisee.
4.20.126.2 Letter of credit may be drawn upon after following specified procedure.
4.20.126.3 Examples of the nature of the noncompliance for drawing upon the letter of credit.
4.20.126.4 Letter of credit shall be replenished to original amount following any draw down.
4.20.126.5 City’s rights with respect to letter of credit are in addition to other rights.
Article XXVIII Continuity of Service Standards.
4.20.127 Continuity of service standards.
4.20.127.1 Franchisee shall act so as to assure that all subscribers receive continuous service.
4.20.127.2 Uninterrupted cable system signals.
4.20.127.3 Failure to operate the cable system.
4.20.127.4 Changes in programming or services—Notice.
4.20.127.5 The need for periodic system service interruptions acknowledged.
Article XXIX Customer Service Standards.
4.20.128 Customer service standards.
4.20.128.1 Franchisee shall not deny cable service or discriminate against subscribers.
4.20.128.2 Franchisee to protect subscriber privacy.
4.20.128.3 Rights of individuals.
4.20.128.4 Required services for disabled and hearing impaired.
4.20.128.5 Program guide and channel card.
4.20.128.6 Local and toll-free telephone numbers to be available for calls 24 hours/day, 7 days/week.
4.20.128.7 Telephone access to customer service supervisors.
4.20.128.8 Customer service representative identification.
4.20.128.9 Telephone system requirements.
4.20.128.10 Failure to satisfy telephone system requirement.
4.20.128.11 Response to service calls to be made in accordance with stated performance standards.
4.20.128.12 A franchisee shall respond to requests for service and complaints promptly.
4.20.128.13 Record of requests for installations and service.
4.20.128.14 Franchisee to furnish service to each person in franchise area making request for service.
4.20.128.15 Basic service charges must be applied on nondiscriminatory basis.
4.20.128.16 Franchisee may require refundable deposits.
4.20.128.17 Connections and disconnects.
4.20.128.18 Reserved.
4.20.128.19 No charges to be made to subscriber for repair of equipment or service disconnection.
4.20.128.20 Customers to have three day right of rescission when ordering cable service.
4.20.128.21 Service changes.
4.20.128.22 Passes and badges.
4.20.128.23 Untimely repairs or delays in making repairs—Basis for termination.
4.20.128.24 Failure of franchisee to keep scheduled appointments.
4.20.128.25 Franchisee fully responsible for action of contractors and subcontractors.
4.20.128.26 Advance notice to be given by franchisee prior to entering upon the curtilage of each household.
4.20.128.27 Authorizations must be obtained by franchisee from owners of private property.
4.20.128.28 Subscriber to be advised in writing of specific services and procedures.
4.20.128.29 Promotional material.
4.20.128.30 Franchisee shall accommodate subscriber as to choice of morning or afternoon service calls.
4.20.128.31 Subscriber to be notified immediately of unplanned system outages.
4.20.128.32 Notice to subscribers regarding blackout requirement.
4.20.128.33 Franchisee to respond to subscriber inquiries and complaints.
4.20.128.34 Automatic termination of limited term premium channel offerings.
4.20.128.35 City reserves right to establish and to modify subscriber service standards from time to time.
4.20.128.36 Refunds--Subscriber may receive prorated credit for loss of cable service commencing from time of notification of franchisee.
4.20.128.37 Franchisee’s opportunity to correct, including reasonable access.
4.20.128.38 Franchisee to issue refund within 30 days after disconnection.
4.20.128.39 Subscriber’s liability for loss or damage to converter or other electronic equipment is limited if it can be shown franchisee contributed to such loss.
4.20.128.40 Billing procedures.
4.20.128.41 Information provided to subscribers by telephone.
4.20.128.42 Reports required of compliance and enforcement of standards.
4.20.128.43 Compatibility with consumer electronics equipment.
Article XXX Sundry Provisions.
4.20.129.1 Headings are for reference only.
4.20.129.2 Time is of the essence.
4.20.129.3 Notice, approval, consent, waiver or other communication required or permitted must be in writing.
4.20.129.4 Applicability to successors and assignees.
4.20.129.5 Specific mention of materiality.
4.20.129.6 Severability.
4.20.129.7 Agreement to be bound.
4.20.129.8 Relationship to cable act or other statues, laws, or regulations.
4.20.129.9 Rights and remedies--Cumulative.
4.20.129.10 Renegotiation or amending franchise agreements upon order of higher authority.
Article XXXI Termination.
4.20.130.1 The city reserves the right to terminate a franchise.
4.20.130.2 Bases for termination; examples given.
4.20.130.3 Reserved.
4.20.130.4 Force majeure.
4.20.130.5 Pending litigation or financial difficulties shall not excuse franchisee from performance of its obligations.
Article XXXII Termination Procedures.
4.20.131.1 Requirement of notice and opportunity to cure--Reason for suspension of requirement.
4.20.131.2 Council shall hear and consider issues and determine if a violation has occurred.
4.20.131.3 Review of the council’s decision.
4.20.131.4 Review of city’s termination decision.
4.20.131.5 Termination--Continuation of service.
Article XXXIII Transfers and Assignment.
4.20.132.1 Nontransferability of franchise rights.
4.20.132.2 Prior written consent of city required before any sale, assignment, or transfer of a franchise.
4.20.132.3 Prior written consent of city required before any transfer of ownership or control of franchisee.
4.20.132.4 Franchisee to submit documentation related to proposed transfer.
4.20.132.5 Showings required of proposed transferee or assignee—Transferee or assignee must agree to conditions prescribed by city.
4.20.132.6 Compliance with franchise agreement and cable service provider ordinance.
4.20.132.7 Franchisee and assignee or transferee to assist city in its inquiry of prospective controlling party.
4.20.132.8 Transfer of control occurs with change of 10% of voting interest or of person exercising management authority over franchisee.
4.20.132.9 “Control” defined.
4.20.132.10 Transfer without prior consent deemed to be material breach and shall subject franchisee and assignee/transferee to, liquidated damages.
4.20.132.11 City may revoke franchise if unauthorized transfer occurs.
4.20.132.12 Consent of city to transfer shall not constitute waiver of city rights.
4.20.132.13 Franchisee must notify city of agreement to transfer or assign cable system and of terms of sale.
4.20.132.14 Successor-in-interest must become signatory to an agreement.
4.20.132.15 Franchisee not to enter into any management contract if it results in a change of control.
Article XXXIV Waiver.
4.20.133.1 Failure to enforce provisions of the ordinance codified in this title or the franchise agreement is not waiver nor acquiescence.
4.20.133.2 The franchisee may request a waiver of any requirement of the ordinance codified in this title.
4.20.133.3 Provisions subject to waiver.
4.20.133.4 Submission of a written request for a waiver necessary.
4.20.133.5 Reimbursement of expenses.
4.20.133.6 This section for convenience and benefit of the city.