HomeMy WebLinkAbout1197 - ADMIN Ordinance - City Council - 1972/08/21ORDINANCE NO. 1197
AUGUST 21, 1972
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IN ORDER TO ENACT RULES AND REGULATIONS SETTING
FORTH TERMS AND CONDITIONS FOR THE INSTALLATION,
MAINTENANCE AND OPERATION OF A BROADBAND TELE-
COMMUNICATIONS NETWORK (BTN) FOR THE PURPOSE OF
TRANSMISSION FOR CATV AND OTHER SERVICES, ELECTRICAL
IMPULSES OF TELEVISION, RADIO AND OTHER INTELLIGENCZES.
EITHER ANALOG OR DIGITAL, FOR SALE TO OR USE BY
INHABITANTS OF THE CITY OF ST. LOUIS PARK, MINNESOTA
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. General Provisions.
(a) Short Title. This ordinance shall be known and may be
cited as the "Cable Television Franchise Ordinance".
(b) Substantive Legal Base. This ordinance is adopted pursuant
to authority granted by Section 1 and 9, of the St. Louis Park Home Rule
Charter.
(c) Findings and Vote of Council.
(1) After conducting public hearings, and published notice
as provided for by law, an affirmative vote of five (5) members of the City
Council shall be required to effect the grant of any franchise hereunder,
also, any franchise granted hereunder shall not be exclusive and the City
reserves the right to grant similar franchises to any persons at any time.
(2) The Council further must approve the legal, character,
financial, technical, and other qualifications of any grantee hereunder
and the adequacy and feasibility of its construction arrangements.
Section 2. Definitions. For the purpose of this ordinance, the
following terms, phrases, words, and their derivatives shall have the
meaning given herein. When not inconsistent with the context, words used
in the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
(a) "City" is the City of St. Louis Park.
(b) "Grantee" is a person, firm, partnership, association,
corporation, company, organization granted a franchise hereunder.
(c) "Council" is the City Council of the City of St. Louis Park.
(d) "Person" is any person, firm, partnership, association,
corporation, company or organization.
(e) "Public Agency" is any governmental unit or political
subdivision of the State of Minnesota including school districts and
other special purpose governmental bodies.
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(f) "Non -Profit Agency" is any non-profit corporation or
associations, charitable organizations, and other organizations not
operated for profit.
(g) "Subscriber" is any person who receives service from a
grantee hereunder.
(h) "Broadband Telecommunications Network" shall mean any wires,
wave guides or other conductors, equipment or facilities designated,
constructed or used for the purpose of transmission of electrical impulses
of television, radio and other signals either analog or digital, directly
or indirectly for sale or use by inhabitants of the City.
(i) "Installation" is the fixing for use or the putting in place
in a room the equipment necessary for reception of signals from the CATV
system, exclusive of a television or radio receiver.
(j) "Gross Subscriber Revenue" all revenue derived from service
of any kind furnished by the company within the corporate limits of the City
(including but not limited to receipts from service charges, installation
charges, advertising, rental income from use of facilities) other than
revenue derived from transactions in interstate or foreign commerce, from
service to the United States of America, or any agency thereof, from
service to the State of Minnesota or the City of St. Louis Park, or any
organization receiving services at cost, or from taxes collected by the
company from subscribers on behalf of any governmental unit.
(k) "Duplex Network" is a two-way communications network
consisting of coaxial cables and amplifiers which can carry signals in
two directions.
(1) "Dual Cable Network" is two coaxial cables each capable of
two-way communications fastened together or otherwise connected used for
transporting television and radio signals.
(m) "Commencement of Service" - service will be considered
as having been commenced when sufficient distributive facilities have
been placed in use so as to offer full network service to at least
twenty-five (25) percent of the inhabitants of the City.
Section 3. Grant of Authority. A nonexclusive franchise to construct,
operate and maintain a CATV system within the City may be granted by the
Council to any person, firm, partnership, association, corporation, company
or organization who or which offers to furnish and provide such system
under and pursuant to the terms and conditions of this ordinance.
No provisions of this ordinance may be deemed or construed as to
require the granting of a franchise hereunder when in the opinion of the
Council it would not be in the public interest to do so.
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Any franchise granted hereunder grants to the holder a nonexclusive
right to construct, operate and maintain a CATV system in, upon, along,
across, above, over and under, streets, alleys, easements, open areas,
public ways and public places now laid out or dedicated, and all extensions
thereof, and additions thereto, in the City.
Section 4. Duration of Franchise.
(a) Any franchise and the rights therein, granted hereunder
shall take effect in accordance with the provisions of Section 40 herein
and continue in full force and effect for a term of fifteen (15) years
after which five (5) year renewal options will be in force. In the event
that either the City or a grantee elects not to renew the franchise at any
option period written notification of such intent must be submitted by
such party to the other party at least six (6) months prior to any such
action.
(b) Right of Renewal. At the expiration of any franchise,
granted hereunder, the grantee shall have the right subject to a
renegotiation of terms and conditions to obtain a renewal of the franchise
if the Council finds that the grantee's performance under the ordinance has
been in the best interests of the City in accordance with the procedures
set forth by Section 36 of this ordinance.
Section 5. Limitations of Franchise.
(a) Privileges Specified. No privilege or exemption shall be
inferred from the granting of any franchise granted under this ordinance
unless specifically prescribed.
(b) Privileges Subordinate. Any privilege claimed under any
such franchise by the grantee in any street or other public property shall
be subordinate to any lawful occupancy of the streets or other public
property or to any present or future improvements such as sidewalks and
roadway widening.
(c) Non -Transferrable Privileges. Any franchise granted hereunder
shall be a privilege to be held in personal trust by the original recipient.
It cannot in any event be sold, transferred, leased, assigned, or disposed
of, in whole or in part, either by forced or involuntary sale, merger,
consolidation or otherwise, without the prior consent of the Council
expressed by resolution, and then only under such conditions as may
therein be presecribed. Any request for such transfer or assignment
shall be made only by an instrument in writing, a duly executed copy of
which shall be filed in the office of the City Clerk thirty (30) days
prior to any such transfer or assignment. Approval for such transfer
or assignment shall not be unreasonably withheld by the City.
(d) Transfer of Rights. Any right or power in, or duty impressed
upon, any elected official, officer, employee, department, or board of
the City shall be subject to transfer by the City to any other elected
official, officer, employee, department or board of the City.
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(e) A Grantee to Have No Recourse. A grantee of a franchise
hereunder shall have no recourse whatsoever against the City for any loss,
cost, expense, or damage arising out of any provision or requirement of
this ordinance or of any franchise issued hereunder or because of its
enforcement.
(f) Pole Space Obligation. Any such franchise granted shall not
relieve a grantee of any obligation involved in obtaining pole space from
any department of the City, utility company, or from others maintaining
poles in the streets.
(g) Previous Rights Abandoned. Any franchise granted hereunder
shall be in lieu of any and all other rights, privileges, powers, immunities,
and authorities owned, possessed, controlled, or exercisable by a grantee
or any successor to any interest of grantee, of or pertaining to the
construction, operation, or maintenance of any Cable Communications system
in the City; and the acceptance of any franchise hereunder shall operate,
as between grantee and the City, as an abandonment of any and all of such
rights, privileges, powers, immunities, and authorities within the City,
to the effect that, as between grantee and the City, any and all construction,
operation and maintenance by the grantee of any cable system in the City
shall be, and shall be deemed and construed in all instances and respects
to be, under and pursuant to said franchise and not under or pursuant to
any other right, privilege, power, immunity, or authority whatsoever.
Section 6. Franchise Payment.
(a) Payment to the City. A grantee of a franchise hereunder
shall pay to the City on or before March 1st of each year following the
commencement of cable casting an amount of $ or an amount equal
to five percent (5%) of the annual gross subscriber revenues received by
the grantee for services provided within the City during the previous
calendar year, whichever amount is greater, for the use of the streets
and other facilities of the City in the operation of the CATV system and
for the municipal supervision thereof. Sales tax or other taxes levied
directly on a per -subscription basis and collected by the grantee shall
be deducted from the local gross operating revenues before computation of
sums due the City if made. This payment shall be in addition to any other
payment owed to the City by the grantee. In the event that any payment is
not made by March 1st, as provided above, interest on the amount due, as
determined from the gross operating receipts of the certified public
accountant, shall accrue from such date at the annual rate of
percent ( 7). The amounts designated in this section may be amended
no more than once each year by the City Council consistent with increased
costs for municipal supervision and after a public hearing.
Section 7. Security for Performance.
(a) Security Fund or Surety Bond. Within thirty (30) days
after the effective date of this ordinance, the grantee of a franchise
hereunder agrees to deposit with the City and to maintain on deposit for
the term of this franchise the sum of $300,000 in cash as a security fund
or a surety bond, to be approved by the City, in the amount of $300,000,
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for the faithful performance of the terms of this franchise, for compliance
with all orders, permits and directions of any department of the City
having jurisdiction over the acts or defaults under this or other ordinances
and for the payment by the grantee of claims, liens, and taxes due the
City which arise by reason of the contruction, operation, or maintenance
of the Broadband Telecommunications Network.
(b) Rights Reserved to City. The rights reserved by the City
with respect to the security fund are in addition to all other rights
the City may have under this ordinance or any other law.
(c) Reduction of Security. The City Council may, from year
to year in its discretion, reduce the amount of money required in the
security fund or surety bond.
Section 3. Liability Insurance and Indemnification.
(a) Public Liability Insurance.
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(1) A grantee of a franchise hereunder shall
concurrently with the award of a franchise
hereunder, furnish to the City, and at all times
during the existence of any franchise granted
hereunder, maintain in full force and effect,
at its own cost and expense, a general comprehensive
liability insurance policy in a company approved
by the City Council, protecting the City and all
of its officers, boards, commissions, agents,
employees and appointees against liability
for loss or damage for personal injury, death
and property damage, occasioned by the operations
of the grantee under the franchise, with minimum
liability limits of Five Hundred Thousand and
No/100 Dollars ($500,000) for personal injury or
death of any one person and One trillion and no/100
Dollars ($1,000,000) for personal injury or death
of two or more persons in any one occurrence, and
Two Hundred and Fifty Thousand and No/100 Dollars
($250,000) for damage to property resulting from
any one occurrence.
(2) The policies mentioned in the foregoing
paragraph shall name the City, its officers,
boards, commissions, agents, employees and
appointees as additional insured and shall
contain a provision that a written notice of
cancellation or reduction in coverage of said
policy shall be delivered to the City thirty
(30) days in advance of the effective date
thereof; if such insurance is provided by a
policy which also covers the franchisee or
any other entity or person other than those
above named, then such policy shall contain
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an endorsement concerning gross liability,
which endorsement shall be subject to approval
by the City Attorney.
(b) Indemnification.
(1) A grantee shall pay, and by its acceptance
of a franchise, grantee hereunder, the grantee
agrees that it will pay, all damages and penalties
which the City may be required to pay as a result
of granting a franchise, and the grantee shall save
the City harmless from any and all liability arising
out of a franchise, the granting of the same or the
operation of the system hereunder, provided, however,
that nothing herein shall make the grantee liable
for occurrences or acts which are wholly or partially
the fault of the City and in respect of which the
grantee is not at fault.
(2) A grantee shall pay all expenses incurred
by the City in defending itself with regard to
all damages and penalties payable because of
an act for which the grantee is liable by virtue
of paragraph 1 of this section 3 (b), including,
but not limited to, all out-of-pocket expenses
such as attorneys' fees, and the reasonable
value of any services rendered by the City
Attorney or his assistants.
c Review of Coverage. The City Council shall 70g(-2.)
annually review the above insurance provisions; and, if it is determined
that the insurance coverage is inadequate, additional insurance may be
required as reasonably determined by the City Council and shall be provided
by the grantee.
Section 9. Grantee Rules. A grantee of a franchise hereunder shall
have the authority to promulgate such rules, regulations, terms and conditions
governing the conduct of its business as shall be reasonably necessary to
enable it to exercise its rights and perform its obligations under this
ordinance and to assure an uninterrupted service to each and all of its
customers; provided, such rules, regulations, terms and conditions shall
not be in conflict with the provisions of this ordinance, the ordinances
of the City or the laws of the State of Minnesota or the United States.
A certified copy of such rules, regulations, terms and conditions shall
be filed with the City Clerk at the time of filing the annual report as
provided in Section 11 herein.
Section 10. Service Contract. If a written service contract is
used by a grantee in its dealings with subscribers, the grantee shall
receive Council approval of the form of and terms of such contract prior
to entering into any such service contracts, the grantee shall make no
changes in the form or terms of any such service contract without prior
approval of the City Council by resolution duly adopted.
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Section 11. Books and Records of Grantee.
(a) Installation Maps. The grantee of a franchise hereunder
shall file with the Director of Public Works an accurate copy of maps
and/or plats of all existing and proposed installations upon the streets.
These maps and plats shall conform to the requirements of the Director
of Public Works and shall be kept continuously up-to-date.
(b) Annual Report. A grantee shall also file within sixty
(60) days following the conclusion of each fiscal year of the grantee
an annual report prepared and audited by an independent certified public
accountant showing the yearly total gross receipts and payments to the
City. This report shall be submitted with such other reasonable information
as the City Manager shall request with respect to the grantee's CATV
operations within the City.
(c) Grantee Ownership. A grantee shall continually keep on
file with the City a current list of its shareholders holding 107 or more
of the outstanding stock and officers with their current addresses.
(d) Records Available for Inspection. All books and records
of a grantee concerning its operations within the City shall be made
available at reasonable times for inspection and audit by the City Manager
or his designee within thirty (30) days after any request for such
inspection or audit shall be made.
Section 12. Filing Communications with Regulatory Agencies. Copies
of all petitions, applications and communications submitted by a grantee
of a franchise hereunder to the Federal Communications Commission, or other
Federal or State regulatory commission or agency having jurisdiction in
respect to any matter affecting CATV operations, so far as the same might
affect the service or operations of a grantee in the City, shall also be
submitted simultaneously to the City by filing the same with the City
Manager.
Section 13. Fees and Rates. Fees or rates charged by a grantee of
a franchise hereunder for any service provided shall be fair and reasonable
and non-discriminatory and designed to meet all necessary costs of service
including a reasonable return on investment. Initial and all subsequent
modifications of such fees or rates shall be set for the operation and
maintenance of a Broadband Telecommunications Network as fair and reasonable
under existing conditions in connection with the rights granted herein,
and all such rates shall be filed with and approved by the Council after
hearing before such rates become effective and the service initiated.
Fees and rates for any grantee of a franchise hereunder shall be in
accordance with the Schedule of Charges set forth in grantee's
application for a franchise hereunder incorporated herein by reference.
(a) Installation.
(1) Single Family Dwelling, Multiple Family Dwelling,
Commercial, Mobile Homes.
First Connection - Not to exceed $ one
time fee.
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Second Connection - Gratis if installed at time
of first installation.
Additional Connections - Time and material cost of
the grantee in making the installation(s), however,
not to exceed $ per installation.
(2) In addition the regular connection fee may be
waived or reduced during certain sales campaigns
the grantee may swish to conduct during the year.
Waiver or reduction o installation fee shall be
publicly advertised. Such advertisement shall
specify the amount of reduction and the effective
dates of such reduction.
(3) Schools, libraries, city offices and other
public buildings owned or operated by public
agencies. There shall be no charge for a
single installation in each school building,
library, city office, or other public building
in the City. Additional installations, if
requested, shall be at time and material cost.
(4) The grantee shall make no additional service
charge for the installation of a converter.
(b) Monthly Service Charge.
(1) Single Family Dwelling.
First Outlet - Not to exceed $
Each additional outlet - Not to exceed $
(2) Multiple - Family Dwellings
First Outlet - Not to exceed $
Each additional outlet - Not to exceed $
(located in the same housing unit).
Multiple Unit discount rates are applicable when one
billing is made to the owner of or more dwelling
units in the same building. When it is required that
the tenants be billed individually, the single unit
rate will apply.
(3) Commercial.
First Outlet - Not to exceed $
Each additional outlet - Not to exceed $
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Multiple Unit discount rates are applicable when one
billing is made for or more individual units
in the same commercial establishment. Otherwise, the
single unit rates will apply.
(4) Mobile Homes.
Shall be classified as single family dwellings for the
purpose of this ordinance.
Multiple Unit discount rates are applicable when one billing
is made to the owner of five (5) or more individual
dwelling units in the same complex. When it is required
that the tenants be billed individually, the single unit
rates will apply.
(5) Schools, libraries, city offices and other public
buildings. For each installation or extension thereof
provided to a school building, library, city office or
other public building in the City, there shall not be a
monthly service charge. This applies without regard to
the number of installations or extensions thereof.
(c) Charge for Converter. A grantee shall make no monthly service
charge for the use of a converter, however, a grantee may establish a
reasonable security deposit requirement for the use of a converter.
(d) Disconnection. There shall be no charge for disconnection
from the CATV system other than for seasonable disconnections for which a
reconnections charge not to exceed $ may be made.
(e) Change in Rates and Fees.
(1) There shall be no increase in the initial
rates and fees for three (3) years after the
commencement of service.
(2) Any subsequent increase requests in addition
to other factors described in this section shall take
into consideration the consumer price index for the
Minneapolis -St. Paul area compiled by the U. S.
Department of Labor Statistics and may be supported
by additional reasonable costs for increased services
or additional services. A grantee shall be obligated
to pay the reasonable costs of determining an
appropriate increase including, any costs incurred
by the City for the retention of a rate expert to
assist the City in its deliberations concerning the
requested rate increase.
(3) In addition, for the purpose of determining the
reasonableness of grantee fees and rates, the books of
the grantee shall be open to inspection by the Council
or its agents at all reasonable times. If a grantee
requests a change in fees it shall present in detail
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in writing the statistical basis, in addition to
other requirements as set out in this section,
for the proposed fee change at least sixty (60)
days prior to the proposed effective date of such
fees and rates.
(4) If the proposed increase is mutually agreeable
to the Council and to the grantee such increase may be
proposed in accordance with the provisions of this
section without a rate expert's report. Before any
increases to be charged by a grantee are approved
by the Council, the Council shall hold a public hearing
on the matter. A notice of such hearing shall be
published at least once in the official newspaper
not less than twenty (20) days prior to the date of
the hearing. At the hearing the Council may take
such steps as it deems necessary to obtain other
available information and data before granting or
denying approval of the grantee's request.
(f) Cablecasting Rates for Educational and Governmental Users.
A grantee's cablecasting production costs, cablecasting rates, signal
sending rates, and all subscriber fees shall be subject to the approval
of the City. However, a grantee will be obliged to provide the free
use of cable channels for educational and governmental users in accordance
with the guidelines set down by the FCC's 3rd Report & Order. The grantee
may charge an amount not to exceed its actual costs, which costs shall
include a fair return on investment as determined by the City for the
use of the grantee's personnel, studio and production equipment.
(g) Per -Program or Per -Channel Charges. Per -program or per -
channel charges on origination and access cablecasting shall be fair
and reasonable and designed to meet all necessary costs of service
including a fair return on the investment as determined by the City.
The grantee shall annually prepare and submit to the City for approval
a schedule of programs and charges proposed for per -program or per -
channel subscription usage. Unscheduled programs may be provided as
available at per -program or per -channel rates consistent with established
rates for similar scheduled programming.
Section 14. Use of Telephone Facilities. When and in the event
that a grantee of any franchise hereunder uses for his telecommunications
network, facilities or rights of way furnished to the grantee by a
telephone company whose facilities are constructed, operated, and
maintained pursuant to its telephone franchise and said grantee makes
no use of the streets independent of such telephone company furnished
facilities, said grantee shall still be required to comply with all of
the provisions herein.
Section 15. Conditions of Street Occupancy.
(a) Notice of Proposed Construction. A grantee of a franchise
hereunder shall first obtain the approval of the Director of Public Works
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before any construction is commenced on any of the streets, alleys,
public grounds or places of the City. A grantee shall give the City
reasonable written notice of proposed construction so as to coordinate
all work between the City and the grantee. In the event the Director of
Public Works does not approve a request made by a grantee, the grantee
may appeal through a written statement submitted to the City Manager
within thirty (30) days from the date of the Director's failure to
approve.
(b) Application. Application for approval shall contain the
following material:
(1) A written statement requesting approval
(2) Plans and specifications of the work to be
done, including cleanup and landscaping of the
project.
(c) Permits. A grantee shall not open or disturb the surface
of any street, sidewalk, driveway, or public place for any purpose without
first having obtained a permit to do so from the Director of Public Works,
for which permit the City may impose a reasonable fee to be paid by the
grantee. The wires, conduits, cables and other property placed in the
streets and public places pursuant to such permit shall be located in
the streets or portions of the streets and public places as shall be
designated by the Director of Public Works. A grantee shall, upon
completion of any work requiring the opening of any street or public
place, restore the same, including the paving and its foundations, to as
good condition as formerly, and in a manner and quality approved by the
Director of Public Works, and shall exercise reasonable care to maintain
the same thereafter in good condition. Said work shall be performed with
due diligence, and if a grantee shall fail to perform and complete the
work within a reasonable time, to remove all dirt and rubbish and to put
the street or public place in good condition, the City shall have the
right to put the street or public place in good :ondition at the expense
of the grantee; and the grantee shall upon demand, pay to the City the
cost of such work done for or performed by the City, together with ten
percent (10%) additional as liquidated damages.
(d) Relocation of Facilities. Whenever the City shall grade,
regrade, or change the line of any street or public place or construct
or reconstruct any sewer or water system therein and shall, with due
regard to seasonable working conditions, order the grantee to relocate
or protect its wires, conduits, cables and other property located in
said street or public place, the grantee shall relocate or protect its
facilities at its own expense. The City shall give the grantee reasonable
notice of plans to grade, regrade or change the line of any street or
public place or to construct or reconstruct any sewer or water system
therein.
(e) Protection of Facilities. Nothing contained in this
section shall relieve any person, company or corporation from liability
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arising out of the failure to exercise reasonable care to avoid injuring
the grantee's facilities while performing any work connected with
grading, regrading, or changing the line of any street or public place
or with the construction or reconstruction of any sewer or water system.
(f) Notice of Improvements. The City shall give the grantee
reasonable written notice of plans for street improvements where paving
or resurfacing of a permanent nature is involved, which notice shall contain
the nature and character of the improvements, the streets upon which the
improvements are to be made, the extent of the improvements and the time
when the City is going to start the ,-ork. The notice shall be given to
the grantee a sufficient length of time, considering seasonable working
conditions, in advance of the actual commencement of the work to permit
the grantee to make any additions, alterations or repairs to its facilities
deemed necessary.
(g) Facilities Not Hazardous to Public. All wires, conduits,
cables and other property and facilities shall be so located, constructed,
installed and maintained as not to endanger or unnecessarily interfere
with the usual and customary trade, traffic and travel upon the streets
and public places of the City. The grantee shall keep and maintain all
of its property in good condition, order and repair, so that the same shall
not menance or endanger the life or property of any person. The City shall
have the right to inspect and examine at any reasonable time and upon
reasonable notice the property owned or used, in part or in whole, by the
grantee. The grantee shall keep accurate maps and records of all its
facilities and furnish copies of such maps and records as requested by the
City.
(h) Facilities to be Attractive. All wires, cables, amplifiers
and other property shall be constructed and installed in an orderly and
workmanlike manner. All cables and wires shall be installed parallel with
existing telephone and electric wires whenever possible. Multiple cable
configurations shall be arranged in parallel and bundled, with due respect
for engineering considerations.
(i) Compliance with Codes. All construction, installation,
maintenance and operation of any telecommunications network 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 local zoning regulations. Every Broadband Telecommunications
Network installed, constructed, maintained or operated in the City of St.
Louis Park shall be so designed, constructed, installed, maintained and
operated as not to endanger or interfere with the safety of persons or
property in The City of St. Louis Park.
Section 16. Future Conditions of Use.
(a) The grantee of a franchise hereunder shall not place poles
or other fixtures where the same will interfere with any gas, electric,
or telephone fixtures, water hydrant or main and all such poles or other
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fixtures placed in any street shall be placed in the right of way
between the roadway and the property as directed by the Director of
Public Works or his authorized representative.
(b) The grantee shall, on the request of any person holding
a building moving permit, temporarily raise or lower its wires to permit
the moving of buildings. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting the same, and
the grantee shall have the authority to require such payment in advance.
The grantee shall be given not less than five (5) days advance notice to
arrange for such temporary wire changes.
(c) The grantee shall have the authority to trim trees upon
and over hanging streets, alleys, sidewalks, and public places of the
City so as to prevent the branches of such trees from coming in contact
with the wires and cables of the company, all trimming to be done under
the supervision and direction of the City and at the expense of the grantee.
(d) All installations shall be underground in those areas of
the City where either or both public utilities providing telephone or
electric service are underground at the time of installation. In areas
where both telephone and electric utility facilities are above ground at
the time of installation, the grantee may install its service above
ground with the understanding that at such time as those facilities are
required to be placed underground by the City, the grantee shall itgy e -_J
place its services underground without additional cost to the residents
of the City other than as may be granted under the provisions of Section 13,
subsection "E".
Section 17. Changes Required by Public Improvements. A grantee of
a franchise hereunder shall, at its expense, protect, support, temporarily
disconnect, relocate in the same street or other public place, or remove
from the street or other public place, any property of the grantee when
required by the Director of Public Works by reason of traffic conditions,
public safety, street vacation, freeway and street construction, change
or establishment of street grade, installation of sewers, drains, water
pipes, power lines, signal lines, and tracts or any other type of
structures or improvements by public agencies.
Section 13. Inspection of Property and Records. At all reasonable
times, a grantee of a franchise hereunder 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 upon reasonable request made available in the City, and
if the 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.
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(b) Reports Required. The grantee shall prepare and furnish
to the Director of Public Works and the Finance Director at the time and
in the form prescribed by either of said officers, 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.
(c) Office and Records in City. The grantee shall at all times
make and keep at an office maintained by the grantee in the City of St.
Louis Park full and complete plans and records showing the exact location
of all Broadband Telecommunication Network equipment installed or in use
in streets and other public places in the City.
(d) Facilities Maps to City. The grantee shall provide to the
City of St. Louis Park a current map or set of maps drawn to scale,
showing all Broadband Telecommunications Network equipment installed and
in place in streets and other public places of the City.
Section 19. System Installation Schedule.
(a) Permit Application. Within thirty (30) days after acceptance
of any franchise, a grantee of a franchise hereunder shall make application
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, and any
other permits, licenses, and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the operation of
the Broadband Telecommunications Network or their associated microwave
transmission facilities.
(b) Construction. Within ninety (90) days after obtaining all
necessary permits, licenses and authorizations, grantee shall commence
construction and installation of the Broadband Telecommunications Network.
(c) Provision of Service to Subscribers. Within one hundred
eighty (180) days after the commencement of construction and installation
of the system, grantee shall proceed to render service to subscribers, and
the completion of the construction and installation shall be pursued with
reasonable diligence thereafter.
(d) Completion Requirements. 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 herein, shall be grounds for
termination of such franchise, under and pursuant to the terms of Section 36
hereof; provided, however, that the 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 of circumstances beyond their
control.
Section 20. Extent of Service.
(a) The services provided by a grantee of a franchise hereunder
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shall be made available by it to all areas as designated by the City in
the franchise within the corporate limits of the City, within two ,(2)
years after commencement of construction.
Section 21. System Extension to New Subscribers.
(a) Whenever the grantee of a franchise hereunder shall receive
requests for service from at least five subscribers located within the
grantee's franchised area and who are not and have not been part of any
other group of subscribers requesting and receiving an extension of
service and who are located within 650 feet of the distribution trunk line
for the grantee's Broadband Telecommunication Network, the grantee shall
extend such system to such subscribers at no additional cost to the
subscriber for the network extension other than the usual connection fees
charged to all subscribers. The 660 feet shall be measured in extension
length of the grantee's distribution and/or trunk line cable required to
provide service and shall be measured from the point at which such extension
can be connected to existing trunk lines to the point at which drop lines
would run to the subscriber's home or premises.
(b) Service Extension Required. In addition, the City Manager
may upon complaint from any potential subscriber residing in the grantee's
franchised area, order the extension of the network to such subscriber
after opportunity for hearing and notice to the grantee. In such cases,
the City Manager in his discretion, may order such extension to any
subscriber only upon reasonable contribution from the subscriber to the
cost of said extension. Such reasonable contribution shall be related
to grantee's actual cost of said extension.
Section 22. Operational Standards. The Broadband Telecommunication
Network shall be installed and maintained in accordance with the rules and
regulations as are incorporated herein or as may be promulgated by the City.
(a) Minimum Requirements:
(1) That the network is designed and rated for 24
hour a day continuous operation.
(2) That the network will and does produce a picture
upon any subscriber's television screen in black and
white or color (provided the subscriber's television
set is capable of producing a colored picture) that is
undistorted and reasonably free from ghost images,
without visual material degradation in quality
within the limitations imposed by the technical
state of the art, and providing the subscriber's
television receiver is in good repair and properly
adjusted.
(3) That the network transmit or distribute signals
of adequate strength to produce good pictures with
good sound to all subscribers having television
receivers in good repair without causing objectionable
cross -modulation in the cables or interferring with
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other electrical or electronic networks or with the
reception of other television or radio receivers in
the area not connected to the network.
(b) Interruption of Service. Whenever it is necessary to shut
off or interrupt service for the purpose of making repairs, adjustments or
installations, the grantee shall do so during periods of minimum use of
the network by subscribers. Unless such interruption is unforeseen and
immediately necessary, it shall give reasonable notice thereof to the
subscribers effected. All costs incurred in effecting such repairs,
adjustments or installations shall be borne by the grantee unless other-
wise provided for herein.
(c) Emergency Power. The grantee shall when in the opinion
of the City it becomes economically and technically feasible provide
emergency and automatic standby power for the studio, and headend, and
trunk lines that will enable emergency use of the facilities as provided
in Section 27.
(d) Business Office. The grantee shall maintain an office
in the City at a location convenient to the public which shall be open
during all usual business hours, have a listed telephone, and be so
operated that complaints and request for repairs or adjustments may be
received at any time.
(e) Upgrading of Standards. The grantee shall endeavor, as
subscribers' demands dictate, to upgrade its facilities, equipment, and
service so that its network is as advanced as the current state of
technology which field -proven equipment will allow. Failure of the grantee
to install additional channel capacity as required by the Federal
Communication Commission shall be considered breach of the franchise
agreement.
Section 23. Technical Standards. A grantee of a franchise hereunder
shall install a Broadband Telecommunication Network in the City of St.
Louis Park meeting the following technical standards, subject to
modification by any technical standards adopted by the Federal Communications
Commission, to the extent that such Federal standards are more stringent
than these proposed by the City.
(a) Definitions.
(1) Cable Television Channel. A frequency band 6MHz
in width within which a standard television broadcast
signal is delivered by cable to a subscriber terminal.
(2) Class I Cable Television Channel. A signaling
path provided by a cable television system to relay
to subscriber terminals television broadcast programs
that are received off -the -air or are obtained by
microwave or by direct connection to a television
broadcast station.
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(3) Class II Cable Television Channel. A signaling
path provided by a cable television system to deliver
to subscriber terminals television signals that are
intended for reception by a television broadcast
receiver without the use of an auxiliary decoding
device and which signals are not involved in a
broadcast transmission path.
(4) Class III Cable Television Channel. A signaling
path provided by a cable television system to deliver
to subscriber terminals signals that are intended for
reception by equipment other than a television broadcast
receiver or by a television broadcast receiver only when
used with auxiliary decoding equipment.
(5) Class IV Cable Television Channel. A signaling
path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another
point in the cable television system.
(6) Discrete Cable Television Channel. A signaling
path provided by a cable television system to transmit
signals of any type to specified subscriber terminals
within the cable television system.
(7) Channel Frequency Response. Within a cable
television channel, the relationship as measured at
a subscriber terminal between amplitude and frequency
of a constant -amplitude input signal.
(3) Network Noise. That combination of undesired and
fluctuating disturbances within a cable television
channel, exclusive of undesired signals of discrete
frequency which degrade the reproduction of the desired
signal and which are due to modulation processes,
thermal effects and other noise producing effects,
not including hum. Network noise is specified in
terms of its rms voltage or its mean power level as
measured in a 4 NHz bandwidth between 1.25 and 5.25 NHz
above the lower channel boundary of a Broadband
Telecommunication Network.
(9) Subscriber Terminal. The Broadband Telecommunication
Network 75 ohm cable terminal to which the subscriber's
equipment is connected. Separate terminals may be
provided for delivery of cable television signals,
FPI broadcast, or other signals of differing
classifications.
(10) Terminal Isolation. At any subscriber terminal,
the attenuation between that terminal and any other
subscriber terminal in that network.
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(11) Visual Signal Level. The rms voltage produced
by the visual signal during the transmission of
synchronizing pulses.
(12) BTN Network Channel Capacity. The highest
total number of cable television channels on which
television signals from separate sources may be
delivered downstream simultaneously to every
subscriber in the network. The network may have
additional channel capacity for specialized or
discrete purposes, but the technical performance
specified shall not be materially degraded thereby.
(b) Performance Tests and Certification.
(1) The grantee of the Broadband Telecommunications
Network shall be responsible for insuring that the
network is designed, installed, and operated in a
manner which fully complies with the technical
provisions of this ordinance. The grantee shall be
prepared to show, at any time, upon reasonable request
by an authorized representative of the City, that the
network does, in fact, comply with these criteria.
(2) The grantee shall file with the City a statement
of the network channel capacity, listing the cable
television channels which that network delivers to its
CATV subscribers, and the television station or stations
whose signals are delivered on each channel of the
network under normal operating conditions. When
television stations are to be deleted or added, the
City and all subscribers shall be notified in writing
thirty (30) days prior to the date of such deletion
or addition.
(3) The grantee shall conduct, as set forth by
the FCC in their 3rd Report and Order, complete
performance tests of that network at least once
each calendar year (at intervals not to exceed
14 months) and shall `ile with the City a
certificate detailing the test standards and the
results of such tests. The performance tests will
be directed at determining the extent to which the
network complies with the technical standards set
forth in this section of this ordinance, and at the
discretion of the City shall be conducted in the
presence of a technical representative appointed
by the City. The tests shall be made on each cable
television channel in the network, and shall include
measurements made at at least two trunk extremities
and three taps selected at random at least one of
which is representative of a terminal most distant from
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the network input in terms of cable distance. A
statement of the qualifications of the persotz
performing the test and a description of instruments
and procedures used shall be attached to the test
results filed with the City.
(4) After reviewing the certificates of compliance
required in paragraph (3) the City may require that
certain additional measurements be made, or that
clarifying explanation be supplied, as necessary to
correct defective certificates.
(c) Technical Standards. The following requirements apply to the
Broadband Telecommunications Network performance for Class I, Class II and
Discrete Video Cable Television Channels as measured at any equivalent
subscriber terminal with a matched termination and to each of the cable
television channels in which signals picked off -air are delivered to such
terminals. Such measurements shall not include the receiver converter if
such is required at the customer's receiver for any of the channels of
required carriage.
(1) The frequency boundaries of cable television
channels delivered to subscriber terminals shall
conform to those set forth in FCC Rules, Section
73.603 (a). All local channels shall be carried
on the network synchronously, i.e., on channel to
the extent it is technically feasible.
(2) The frequency of the visual carriers shall be
maintained 1.25 MHz 25 KHz above the lower boundary
of the cable television channel, up to the receiving
terminals, exclusive of any receiver attachments,
such as channel converters, except for the local
VHF channels which shall be carried synchronously
to the extent it is technically feasible.
(3) The frequency of the aural carrier shall be
4.5 MHz ± 1 KHz above the frequency of the visual
carrier, except where monochrome signal origination
occurs within the system, under which conditions,
the tolerance shall be - 5 KHz. All color local
origination,channels shall have aural -visual
separation — 1 KHz from 4.5 MHz.
(4) The visual signal level at the picture carrier
frequency on each channel shall not be less than
1000 UV (microvolts) across a 75 ohs terminating
impedance and shall be maintained within the following
limits over the entire ambient temperature range of
-40° F to +120° F and with variations in supply
voltages from 105 to 130 volts.
a. 12 decibels of its minimum value, and
b. 6 decibels of the visual signal level
on either adjacent cable television
channel, and
c. 10 decibels of the visual signal level
on any other cable television channel,
and
(5) The rms voltage of the aural signal shall be
maintained between 13 and 17 decibels below the
associated visual signal level.
(6) The peak -to -peat: variation in visual signal
level caused by undesired low frequency disturbances
(hum or repetitive transients) generated within the
system or by inadequate low frequency response shall
not exceed 37 of the visual signal level.
(7) The ratio of visual signal level to network
noise and of visual signal level to any undesired
co -channel television signal operating on a proper
offset assignment shall be not less than 42 decibels.
This requirement is applicable only to:
a. each signal which is carried by a cable
television system serving subscribers
within the Grade B contour for that
signal, or
b. each signal which is first picked up
within its predicted Grade B contour,
c. any local origination channel.
(3) The ratio of visual signal level to the rms
amplitude of any coherent disturbances, such as
inter -modulation products, or discrete -frequency
interferring signals, not operating on proper offset
assignments shall not be less than 46 decibels.
(9) The terminal isolation provided each subscriber
shall not be less than 30 decibels, except that the
isolation between separate television and FM broad-
cast terminals for the same subscriber shall not be
less than 15 decibels.
(10) Radiation from the Broadband Telecommunications
Network shall be limited as follows:
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s
Radiation Distance
Frequencies Limit
(uV/m) (feet)
Up to and including 54 MHz 15 100
Over 54 up to and including 216 MHz 10 10
Over 216 MHz 15 100
(11) All echos originating within the network shall meet
the nonvisibility criteria developed by P. Mertz of
the Bell Telephone Company, i.e., shall not be greater
than -36 dB for echos dispersed more than 2 microseconds.
For shorter term dispersed echos, the network (including
head -end terminal) shall follow the "Mertz Curve",
merging to a "K" pulse deformation not exceeding 47
of the total system. This latter measurement shall not
include the "K" response of the test modulator and
demodulator (if used), i.e., shall be "network" "K"
response. 2 T pulse or equivalent measurement
techniques shall be used for these measurements.
All unused subscriber tap ports may be terminated
during network measurement.
(12) The total net chrominance/luminance delay
accumulated by the system and head -end equipment
shall not exceed +130 nanoseconds, as measured with
20 T pulse deformation tests. This measurement is to
be made with external traps and band pass filters
removed. This measurement is to be repeated with
band pass filters and traps added, and new data taken.
No compliance criteria are established for the latter,
merely that the data be taken. (there measurements
involve a channel with baseband video signal source,
the measurements of the network shall be made with a
demodulator followinc the equivalent reciprocal FCC
transmission standards. 20 T pulse tests will be used
to determine compliance with this section, or equivalent
techniques with envelope delay measurement equipment.
(13) Network frequency response as measured at qny
subscriber terminal shall not vary by more than 1 2 db
over the 6 MHz bandwidth of any cable television
channel or corresponding portion of the FM and mid
or upper band spectrums if utilized.
(14) Network cross -modulation as measured at all
network frequencies from the network input to any
subscriber terminal shall be at least 52 db below
the normal transmission level and at least 57 db
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below the normal transmission level as measured
at any point of the network trunk (network
cross -modulation specifications based on NCTA
standard).
(15) Subscriber installations shall conform where
applicable to Articles 000 and 810 of the National
Electric Code, current edition.
(16) Notwithstanding the fact that the network may
be in compliance with all the standards set forth
herein, the City may require a higher level of
performance in any area to resolve signal quality
or interference problems.
(d) Alternate approach. If the grantee desires to distribute
signals by using multiple cable techniques or specialized receiving
devices, which, because of the basic design, cannot comply with one
or more of the technical standards set forth in paragraph (c) (11) of
this section, he may be permitted to operate with such equipment provided
that an adequate showing is made which establishes that the subscribers
are provided an equivalent quality of service. The City expects full
technical proof of equivalent performance before it can judge whether
such an alternate approach would be acceptable.
(e) Measurements.
(1) Measurements made to demonstrate conformity
with the performance requirements set forth in these
technical standards shall be made under conditions
which reflect network performance during normal
operations, including the effect of any present
or future microwave relay operated in the Community
Antenna Relay Service (CARS) intervening between
pickup antenna and the Broadband Telecommunication
Network and including the effects of any microwave
local distribution service which may be a part of
the network.
Special signals inserted in a cable television
channel for measurement purposes should be operated
at levels approximating those used for normal
operation. Pilot tones, auxiliary signals, and
non -television signals normally carried on the
network should be operated at normal levels. The
following test procedures are included as a guide.
There are several recognized and technically acceptable
methods for performing many of the measurements, the
technique and equipment used in each case if different
than those set forth herein shall be fully described
in the annual certification to the City.
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(2) When it may be necessary to remove the
television signal normally carried on a cable
television channel in order to facilitate a
performance measurement, it will be permissible
to disconnect the antenna which serves the channel
under measurement and to substitute therefor a
matching resistance termination. Other inputs
should be connected to maintain the equivalent to,
or special test signals on other channels to
ascertain network performance.
(3) As may be necessary to ensure satisfactory service
to a subscriber, the City may require additional tests
to demonstrate network performance or may specify the
use of different test procedures.
(4) Network frequency response measurements may be
made with a calibrated signal generator, variable
attenuator and a frequency selective voltmeter. All
TV signals except for ALC, AGC, or ASC pilot carriers
may be disconnected during this test. With all
automatic gain control amplifiers in the section under
test set to their normal operating mode, the signal
generator shall be connected to the input to the
Telecommunications Network and set for a cw signal
at the desired frequency and level normally present
at that frequency and location. With the meter and
variable attenuator connected in series to the
subscriber terminal under tests, the signal level
shall be measured and recorded. Measurements shall
then be made in a similar manner for all frequencies
at the levels normally carried on the network.
(5) Network noise may be measured using a frequency -
selective volt -meter (field strength meter which has
been suitably calibrated to indicate rms noise or
average power level and which has a known bandwidth).
With the network operating at normal levels and with
a properly matched resistive termination substituted
for the antenna, noise power indications at the
subscriber terminal are taken in successive increments
of frequency equal to the bandwidth of the frequency -
selective volt -meter, summing the power indications
to obtain the total noise power present over a 4MHz
band centered with the cable television channel (or
equivalent noise summation technique). If an
amplifier is inserted between the frequency -selective
volt -meter and the subscriber terminal in order to
facilitate this measurement, it should be a bandwidth
of at least 4 MHz and appropriate corrections must be
made to account for its gain.
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(6) The amplitude of discrete frequency interferring
signals within a cable television channel may be
determined with either a spectrum analyzer or with
a frequency -selective volt -meter (field strength
meter), or other suitable instruments, which
instruments have been calibrated for adequate
accuracy.
(7) The terminal isolation between any two terminals
in the network may be measured by applying a signal
of known amplitude to one and measuring the amplitude
of that signal at the other terminal. The frequency
of the signal should be close to the mid -frequency of
the channel being tested. This test is to be performed
with 150 foot drop lead (equivalent network if desired)
connected to each output spigot of the customer tap port.
(8) Radiation measurements may be made utilizing a
frequency selective voltmeter calibrated for adequate
accuracy and a tuneable half -wave dipole antenna,
horizontal polarized. The distance and height above
ground of the measurements shall be in accordance with
the Rules and Regulations of the Federal Communications
Commission, Volume 11, Part 15 Subpart D, for cable
television systems.
(9) The network cross -modulation measurement may be
performed using a calibrated signal generator having
controllable modulation, a detector and an oscilloscope.
After connecting the signal generator to the lowest
standard VHF frequency input terminal of the Head End
signal combiner, its output shall be set for an unmodulated
signal identical in frequency and level to that of the
signal normally present at that point. The signals of
all other channels normally carried on the network shall
be fed into the combiner at their normal levels. After
connecting the field strength meter to the subscriber
terminus, it shall be tuned to the video carrier
frequency of the channel under tests and with the
oscilloscope, the modulation level may be read directly
from the scope.
(10) The network hum modulation may be measured at
each video carrier frequency on the network using a
calibrated signal generator, a detector and an
oscilloscope. The signal generator shall be connected,
the level and frequency adjusted and all other channels
set at their normal levels. With the detector and
oscilloscopes connected to the subscriber terminus,
the average level of the detected signal and the
peak -to -peak AC hum will be indicated on the
oscilloscope. The percent of hum modulation is
defined as the ratio expressed in percent of the
average level of the detected signal to one half
the indicated peak -to -peak AC hum.
(11) All actual recorded values observed as a
result of the various tests shall be recorded and
submitted to the City in accordance with the provisions
of this ordinance.
(g) Reverse Signal Capability (Duplex Network). The grantee
shall provide in original construction a duplex network capable of reverse
direction signals from each and all drops. Such carriage capability shall
be at least in accordance with the requirements of the Federal Communications
Commission's 3rd Report and Order.
(h) Maintenance. The grantee shall retain a sufficient number
of technically qualified personnel to maintain the network at the quality
specified. Sufficient personnel shall also be either on duty or on call
during all hours of each day to maintain service at all times.
Section 24. Services to be Provided by the Grantee.
(a) Public Access Channel.
(1) The grantee of a franchise hereunder shall provide,
as required by the FCC, at inauguration of cable system
subscriber service, one fully operational Class II Cable
Channel as a non-commercial public access channel available
to the public on a first-come, non-discriminatory basis.
(2) Production facilities shall be made available
without cost for live studio presentations of five (5)
minutes or less. If such presentation exceeds five
(5) minutes, fees for use of the public access channel
shall be limited to production costs attributed
solely to personnel and equipment utilized in live
studio presentations.
(3) The Public Access Channel shall be made available
on a first-come, non-discriminatory basis, without fee
for presentations of five (5) minutes or less, to the
public for cablecasting of programs prepared on video
tape or film for presentation. The grantee shall
provide, at no cost to public access users for
presentations of five (5) minutes or less, equipment
and personnel for cablecasting one-half (1/2) inch
and one (1) inch color and black and white video
tape, sixteen millimeter (16mm) sound movie film,
and eight millimeter (3mm),including Super 3mm,
movie film.
(4) The grantee shall develop procedures, subject to
Council approval, for providing notification to all
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subscribers of the schedule of presentations
known in advance to be available on the Public
Access Channel.
(b) Educational and Governmental Use Channels. The grantee
shall provide, as required by the FCC, at inauguration of cable system
subscriber service, two fully operational Class II Cable Channels, without
charge, for a period of five years, said time commencing at completion
of the cable system basic trunk line, for educational and governmental
use. One channel shall be designated for use by the St. Louis Park
Independent School District #203 and one channel shall be designated for
use by the City of St. Louis Pari: and shall be made available for
access by governmental agencies.
(c) Continued Availability of Educational and Governmental Use
Channels. The Governmental Use Channel shall continue to be made available
without charge to the extent permitted by the FCC upon demand of using
agencies at the completion of the first five (5) years and upon provision
of evidence to the 0rantee and CATV Advisory Committee that said channel
was in respective use for an accumulated average of 30% of the weekdays
for 30% of the time during any three-hour period for the previous
twelve (12) months. The Educational Use Channel shall continue to be
made available without charge to the extent permitted by the FCC upon
demand of using agencies at the completion of the first five (5) years
and upon evidence to the grantee and CATV Advisory Committee that said
channel was in respective use for an accumulated average of eighty
percent (80%) of the weekdays for eighty percent (30%0) of the time during
any three (3) hour period for the previous nine (9) month school term.
Such determination shall occur annually thereafter. If such use cannot
be demonstrated, the using agency shall be required to provide channel
use payment to the grantee consistent with the provisions of Section 24
(3) (Channel Use Fees). Channel use fee for using agencies shall
terminate to the extent permitted by the FCC whenever evidence is
presented demonstrating use of the channel in excess of 80% of the
weekdays for 80% of the time during any three-hour period for the
previous four weeks.
(d) Channel Capacity Expansion. The grantee shall provide
fully operational Class II Cable channels, as required by the FCC, for
use in fulfilling programming requests within the cable system. Such
channels shall be made available within six (6) months to parties
presenting written request to the grantee and the CATV Advisory Committee.
Such written request shall specify the number of channels requested or
the percentage and designation of time requested on channels to be shared
with other uses. In addition, the request shall specify the number and
time of programming hours proposed per channel requested. A request for
channel allocation shall not be considered a (compulsory) demand unless
at least 00/ of the weekdays for 8070 of the time during any three-hour
period for four weeks will be utilized for each channel, or portion
thereof, requested by the requesting party.
(e) Channel Use Fees. The grantee may establish a channel
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use (or lease) fee for the use of Class II, Class III or Class IV
Cable channels provided to requesting parties except as provided in
Section 25(a).
(f) Lease Termination. The lease agreement shall be
terminable by the lessee or lessor by provision of thirty (30) days'
notice of either party's intention to terminate. The grantee may not
terminate a leased channel agreement with public or non-profit agencies
without prior approval of the City Council. Such request for termination
shall be based on failure of the lessee to provide programming consistent
with its letter of request or for failure to pay authorized fees and shall
not be based upon inability of the grantee to provide additional channels
upon demand of other parties except as provided in Section 9. The
provisions of this section shall not apply to users of discrete cable
system services including public or non-profit agencies.
(g) Discrete Cable Television Service.
(1) As the total number of discrete duplex educational
channels to be available is of a great deal of interest
to the City, applicants for a franchise hereunder are
invited to disclose the number of such channels that
they would be willing to provide and to support such
provisions before the Federal Communications Commission.
All such discrete channels shall be made available to
all school buildings in the City and shall be duplex
in nature with the return path terminating at the
network headend.
(2) The grantee may establish a discrete cable television
channel use fee for the use of discrete channels
provided to the school systems. This fee shall not
exceed the additional operational cost including a fair
return on its investment incurred by the grantee by making
the discrete channel(s) available and shall be subject
to approval by the City Council.
(h) Local Origination Programming. The grantee shall provide
in addition to Education, Government, and Public Access channels, subject
to the approval of the FCC, at least one channel fully devoted to local
origination programming. Such local origination programming is construed
to include but not limited to coverage and reporting of municipal, school,
sports, public and service organizations, religious, and individual
activities and events occurring within the City or school system or
involving agencies or individuals within the City or school system.
(i) Studio Facilities.
(1) The grantee shall, subject to the approval of the
FCC, provide a full color capable studio within St.
Louis Park. This studio shall be constructed to enable
preparation and playback of simultaneous live and/or
taped or filmed programming in separate facilities
•
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within the studio and that at least one studio
shall provide for audience participation.
(2) An applicant for a franchise hereunder shall
submit its plans for its business office and color
studio to be constructed within the City. This plan
shall include such items as studio size, accessibility
to the public, type of facilities, hours and time it
will be operated, and estimated construction time.
Said plans shall be subject to the approval of the
City in the event a franchise is granted hereunder.
Section 25. Inter -Connection.
(a) Inter -connection Required. Subject to obtaining interconnection
approval(s) from adjoining Networks Franchisers and Operators. The grantee
of a franchise hereunder shall interconnect its Broadband Telecommunications
Network with all other Broadband Telecommunications Networks serving those
municipalities that adjoin the City. In addition, the grantee shall make
diligent effort to interconnect its network with other networks in the
metropolitan Minneapolis -St. Paul and Seven County metropolitan Twin City
area.
(b) Procedure. In addition, subject to FCC approval, the grantee
shall provide channels upon demand of public agencies seeking establishment
of such interconnected channels. The requesting agency shall specify the
uses proposed, the frequency bandwidth, with letter of numeric designation,
and hours of operation of the channels requested. The request shall be
provided in writing to the grantee and such requested channels shall be
made available within sixty (60) days of its reception. Requests and
usage of such interconnected channels shall be subject to use requirements
established in Section 24.
Section 26. Additional Services. The grantee of a franchise hereunder
shall submit within thirty (30) days after commencement of service and
annually thereafter, a plan subject to the approval of the City, stating
the proposed number of channels which will be devoted to network affiliated
television stations, non -network independent television stations, including
educational television stations, and channels to be devoted to locally
originating programs. Such plans shall also contain the following:
(1) An estimate of the total number of broadcast hours per
week per channel which the grantee proposed to devote
to local programming.
(2) The types of local programs it proposes to originate.
(3) A proviso that the grantee shall submit to the City each
year a proposed programming schedule for locally
originated channel(s).
(4) A description of proposed advertising program.
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(5) A statement of the use and availability of channels
and facilities by local political candidates.
(6) Plan for providing a duplex system and FM multiplex
stereo and music channels.
Section 27. Emergency Use of the Facilities. In the event of an
emergency or disaster, the grantee of a franchise hereunder shall upon
request of the City Manager or his designee make available its facilities
to the City for emergency use during the period of such emergency or
disaster and shall provide such personnel as necessary to properly operate
under the circumstances. The grantee shall incorporate into its facilities
the capability for an emergency override audio alert whereby the City in
times of crises may be able to introduce a bulletin on all channels
simultaneously.
Section 23. Miscellaneous Provisions.
(a) Grant of Franchise to Qualified Applicant. Upon
consideration of an application for a cable television franchise the
City Council may grant such application to such applicant as may appear
from said application to be in its opinion best qualified to render proper
and efficient service to television viewers and subscribers in the City.
(b) Filing Requirements. When not otherwise prescribed herein,
all matters herein required to be filed with the City shall be filed with
the City Clerk.
(c) Maintenance Facility. The grantee shall operate a
maintenance facility within the City limits of the City of St. Louis Park
so that BTN maintenance service shall be promptly available to subscribers.
(d) Extension of City Limits. Upon the annexation of any
territory to the City (other than through a governmental consolidation
process, as to which the City makes no agreement), the right and franchise
hereby granted shall extend to the territory so annexed; and all facilities
owned, maintained or operated by grantee located within, under, or over
streets of the territory so annexed shall thereafter be subject to all
terms hereof.
(e) Service Continuation, Notification of Subscribers. Before
providing cable service to any subscriber, the grantee shall notify said
subscriber in writing that the grantee is making use of the public
right-of-way in St. Louis Park to provide Cable Television services;
that use of such rights of way is in no way guaranteed; that in the event
continued use of such rights of way are denied for any reasons, the grantee
will make every reasonable effort to provide service over alternate
routes and that the City of St. Louis Park, its officers and its employees
are not responsible in any way for any interruptions or discontinuance
of service.
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(f) Service Interruption. The grantee shall render efficient
service, make repairs promptly, and 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 of the network.
(g) removal of Roof Top Antennae. Upon request of the property
owner, the grantee may, if it so elects, remove and dispose of the roof
top antenna at the time of the service installation for which the grantee
may charge a fee not to exceed the prevailing installation charge.
(h) No Liability for Libelous Statements. The City disclaims
all liability arising out of the utilization of the public access channel
and the grantee agrees to indemnify and hold the City harmless for any damage
that may result as a result of such claim.
Section 29. Citizens Cable Advisory Board. There is hereby established
to serve as an advisory committee to the City, a board to be known as the
Citizens' Cable Advisory Board.
(a) Composition. The Board shall be composed of citizen
volunteers as appointed by the City Council with their disciplines and
numbers being determined by the City.
(b) Purpose. The Board shall be responsible for stimulating
and promoting public interest and participation in the educational and
public access channels and shall be further responsible for recommending
procedures for utilization of said channels. In addition the Board shall
advise and make recommendations as requested by the City on specific
matters affecting the Broadband Telecommunications Network within the
City including its future interconnections with surrounding communities.
(c) Budgeted Option. The Board may formulate a budget and
elect officers from within its membership and adopt such bylaws as
it deems necessary in order to perform its functions. Such budget,
rules and regulations and bylaws shall be submitted to the City Council
for approval before they shall be effective.
Section 30. Preferential or Discriminatory Practices Prohibited.
The grantee of a franchise hereunder shall not refuse cable television
service to any person or organization who requests such service for a
lawful purpose, nor shall the company refuse any person or organization
the right to cablecast pursuant to provisions of this ordinance. The
company shall not, as to rates, charges, service facilities, rules,
regulations or in any other respect make or grant any preference or
advantage to any person, nor subject any person to any prejudice or
disadvantage.
Section 31. Use of Data From Subscriber. The grantee of a franchise
hereunder shall not, without Council approval initiate or use any form
of procedure or device for procuring information or data from cable
system subscribers' terminal by use of the cable system. Further, it
shall be unlawful for any grantee of a franchise hereunder without the
expressed consent of a subscriber, either in writing, orally or by
electromechanical means to activate and/or utilize the return path of
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a "Duplex Network" in any manner from said subscribers premises.
Section 32. Rights Reserved to the City.
(a) No Impairment of City's Rights. Nothing herein shall be
deemed or construed to impair or affect, in any way, to any extent, the
right of the City to acquire the property of the grantee of a franchise
hereunder through the exercise of the right of eminent domain, at a fair
and just value, which shall not include any amount for the franchise
itself or for any of the rights or privileges granted, and nothing herein
contained shall be construed to contract away or to modify or abridge,
either for a term or in perpetuity, the City's right of eminent domain.
(b) Grantee Agrees to City's Rights. There is hereby reserved
to the City every right and power which is required to be herein reserved
or provided by any ordinance of the City, and the grantee by its acceptance
of any franchise, agrees to be bound thereby and to comply with any action
or requirements of the City in its exercise of such rights or power
heretofore or hereafter enacted or established.
(c) City's Right of Intervention. The City shall have the
right to intervene and the grantee specifically agrees by his acceptance
of a franchise hereunder not to oppose such intervention by the City in
any suit or proceeding to which the grantee is a party.
(d) Powers of the City. Neither the granting of any franchise
nor any provision hereof shall constitute a waiver or bar to the exercise
of any governmental right or power of the City.
(e) Resolution of Disputes and Appeal Procedures. The Council
may do all things which are necessary and convenient in the exercise of
its jurisdiction under this ordinance and may determine any question of
fact which may arise during the existence of any franchise granted hereunder.
The City Manager is hereby authorized and empowered to adjust, settle, or
compromise any controversy or charge arising from the operations of any
grantee under this ordinance, either on behalf of the City, or the grantee,
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 the Council for hearing and final
determination. The Council may accept, reject or modify the decision
of the City Manager, and the Council may adjust, settle or compromise
any controversy arising from the operations of any grantee or from any
provision of this ordinance. The decision of the Council shall be final.
(f) Regulatory Board. There is hereby established to assist
the City Manager in adjusting, settling or resolving any controversy of
any nature between the grantee of a franchise hereunder and any person,
association, company or corporation. It shall be comprised of three
individuals of which, at least, two are not associated with a municipal
government function. The Board membership, its chairman, and its duties
shall be designated by the City Council, and shall act only upon the
request of the City Council or the City Manager.
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Section 33. Violations.
(a) Franchise Required for CATV System. From and after the
effective date of the ordinance, it shall be unlawful for any person to
establish, operate or to carry on the business of distributing to any
person in the City any television signals or radio signals by means of
a Broadband Telecommunications Network unless a franchise therefor has
first been obtained pursuant to the provisions of this ordinance, and
unless such franchise is in full force and effect.
(b) Franchise Required for Use of Right of Way. From and after
the effective date of this ordinance, it shall be unlawful for any person
to construct, install or maintain within any public street in the City,
or within any other public property of the City, or within any privately
owned area within the City which has not yet become a public street but is
designated or delineated as a proposed public street on any tentative
subdivision map approved by the city, any equipment or facilities for
distributing any television signals or radio signals or other intelligencies
either analog or digital over a Broadband Telecommunications Network unless
a franchise authorizing such use of such street or property or areas has
first been obtained pursuant to the provisions of this ordinance, and
unless such franchise is in full force and effect.
(c) Unauthorized Connections Prohibited. It shall be unlawful
for any person, firm or corporation to make any unauthorized connection,
whether physically, electrically, acoustically, inductively or otherwise,
with any part of a franchised Broadband Telecommunications Network within
this City for the purpose of taking or receiving television signals,
radio signals, pictures, programs, or sound.
(d) Unauthorized Connections without Payment Prohibited. It
shall be unlawful for any person, firm or corporation to make any
unauthorized connection, whether physically, electrically, acoustically,
inductively or otherwise, with any part of a franchised Broadband
Telecommunications Network within this City for the purpose of enabling
himself or others to receive any television signal, radio signal, picture,
program, or sound, without payment to the owner of said network.
(e) Tampering with BTN Equipment Prohibited. It shall be
unlawful for any person, without the consent of the owner, to willfully
tamper with, remove or injure any cables, wires or equipment used for
distribution of television signals, radio signals or other intelligencies,
either analog or digital.
Section 34. Conditions of Grantee Acceptance.
(a) Grantee to have no Recourse. Except as expressly provided
in this franchise, the grantee shall have no recourse whatsoever against
the City for any loss, cost or expense or damage arising out of the
provisions or requirements of this franchise or because of the enforcement
thereof by the City nor for the failure of the City to have the authority
to grant all or any part of this franchise.
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(b) Acceptance of Power and Authority of City. The grantee
expressly acknowledges that upon accepting this franchise, it did so
relying upon its own investigation and understanding of the power and
authority of the City to grant this franchise.
(c) Inducements not Offered. The grantee by acceptance of
this franchise acknowledges that it has not been induced to enter into
this franchise by any understanding or promise or other statement whether
verbal or written by or on behalf of the City concerning any term or
condition of this franchise not expressed herein.
(d) Grantee Accepts Terms of Franchise. The grantee further
acknowledges by acceptance of this franchise that it has carefully read
the terms and conditions hereof and is willing to and does accept all of
the risks of the meaning of such terms and conditions.
Section 35. Failure of the City to Enforce Franchise Provisions.
The grantee shall not be excused from complying with any of the terms
and conditions of this franchise by any failure of the City upon any one
or more occasions to insist upon or to seek compliance with any such
terms or conditions.
Section 36. Expiration and Revocation.
(a) Expiration. Upon the expiration of any franchise granted
hereunder at the end of its fifteen (15) year term, the City shall review
the performance of the grantee. Upon finding by the City Council that
the grantee has fulfilled all conditions and requirements imposed by
this ordinance and has utilized the franchise in the best interest of die
City, the grantee shall have the right, subject to a renegotiation of
terms and conditions, to obtain from the City a renewal of the franchise
for an additional five (5) year period. If the Council finds that the
grantee has not fulfilled all conditions and requirements imposed by this
ordinance or has not utilized the franchise in the best interests of the
City, this franchise shall not be renewed and the provisions of Section 36
(b) shall apply.
(b) Procedure upon Expiration or Revocation. When this franchise
expires pursuant to Section 36 (a), or, if a franchise granted hereunder
is revoked pursuant to Section 33 (b), the grantee shall first offer its
Broadband Telecommunications Network for sale to the City at a fair and
just market value, which shall not include any amount for the franchise
itself or for any of the rights or privileges granted by the City. The
City shall have ninety (90) days to exercise this right of first refusal
to purchase the network. If the City does not exercise its option to
purchase, and the network is not sold to another operator who has
obtained a franchise from the City, within a reasonable period of time
as determined by the City, after expiration of the franchise term, the
grantee shall enter upon the public ways and public places of the City
for the purpose of removing therefrom all of its plants, structures and
equipment and shall promptly remove all of its facilities and equipment
from the premises of all subscribers at a time convenient to both the
grantee and the subscriber.
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(c) Restoration of Property. In so removing such plants,
structures and equipment, the grantee shall refill, at its own expense,
any excavation that shall be made by it and shall leave such public
ways and places in as good condition as that prevailing prior to the
company's removal of its equipment and applicances without affecting,
altering or disturbing in any way the electric distribution or telephone
cables, wire or attachments on any poles. The Director of Public Works
or his appointee shall inspect and approve the condition of such public
ways and public places and cables, wire, attachments and poles after
removal. In the event of dispute of the Director's opinion, the grantee
or any other person may request a public hearing before the Council.
Liability insurance and indemnity provided in Section 8 hereof and the
security fund provided in Section 7 hereof shall continue in full force
and effect during the entire period of removal.
Section 37. Applicable Laws.
(a) Compliance with Applicable Laws.
(1) The grantee shall at all times comply with all
laws, ordinances and regulations of the Federal, State
and City of St. Louis Park governments or any administrative
agencies thereof.
(2) If any Federal or State law or regulation shall
require or permit the grantee to perform any service
or shall prohibit the grantee from performing any
service which may be in conflict with the terms of
this franchise or any ordinance of this City, then
as soon as possible following knowledge thereof, the
grantee shall notify the City Manager of the point of
conflict believed to exist between such law or
regulation and the ordinance of the City or this
franchise.
Section 38. Rights of Amendment and Revocation Reserved to City.
(a) Amendment of Ordinance.
(1) The City reserves the right to amend or repeal
any section of this ordinance and adopt additional
provisions hereto in the following circumstances:
a. To adoptsubsequent amendments of
applicable FCC Rules as required by
FCC Rule 76.31 (a) (6).
b. To cause the ordinance to comply with
applicable FCC Rules or standards.
c. To establish additional standards of
operation or performance in the following
areas.
1. Class III and Class IV Cable Television
channels.
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2. Interconnection of the network with
networks in other municipalities
within the metropolitan area.
3. "Pay TV".
d. To modify the franchise fee established by
this ordinance in the event that regulation
by other levels of government causes the
business of the grantee to become a public
utility.
(2) Procedure Prior to Amendment. Upon the occurrence
of any events enumerated in Section 38 (a) (1), or upon
submission to the City of a proposed amendment or repeal
of a section, the City shall hold a hearing thereon as
required by law.
(b) Franchise Revocation.
(1) The City reserves the right to revoke any franchise
granted hereunder in the following circumstances.
a. If a petition is filed by or against the grantee
under the Bankruptcy Act or any amendments thereto,
or any other insolvency or creditors' rights law,
state or federal and the grantee shall fail to
secure a discharge thereof within ninety (90)
days.
b. A receiver, trustee or liquidator of the grantee
for all or part of its assets is applied for or
appointed.
c The grantee becomes insolvent or makes an
assignment for the benefit of creditors.
d. If the grantee should default in the
performance of any of its obligations under
this ordinance and shall fail to cure the
same within ninety (90) days after receipt by
the grantee from the City of written notice of
said default (provided, however, that the City
shall not exercise any rights under this
subparagraph so long as the grantee is proceeding
diligently to cure such default).
e If any court of competent jurisdiction, the
FCC, or any state regulatory body by rules,
decision, or other action determines that any
provision of this ordinance is invalid or
unenforceable, said provisions in the opinion
of the City being material and essential
provisions both to the granting and continuance
without which the City would not have granted a
franchise.
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(2) Procedure Prior to Repeal. Upon the occurrence
of any of the events enumerated in Section 38 (b) (1),
the City Council may, after hearing, find such facts
and set a reasonable time in which the grantee must
remedy the occurrence. Written notice shall be given
the grantee of such determination. Upon the expiration
of the time set by the Council and failure to correct
such failures, the City Council may take such steps as
it deems necessary to repeal this ordinance; provided
that before the franchise may be repealed the grantee
shall be provided witi an opportunity to be heard before
the Council.
Section 39. Severability. If any section, subsection, sentence,
clause or phrase of this ordinance is determined to be illegal, invalid,
or unenforceable by any court of competent jurisdiction, the FCC, or any
state regulatory body, by rule, decision or other action, such decision
shall not affect the validity of the remaining portions thereof. The
invalidity of any such portion of this ordinance shall not abate, reduce
or otherwise affect any consideration or other obligation required of the
grantee of any franchise hereunder.
Section 40. Acceptance. This ordinance, its terms and provisions and
any franchise granted hereunder shall be unconditionally accepted by the
grantee by written instrument executed and acknowledged by said grantee
and filed with the City Clerk of the City within twenty (20) days after
granting of a franchise. Such written instrument shall state and express
the acceptance of both the ordinance and franchise and their terms, conditions,
and provisions, and said grantee shall agree in said instrument to abide by,
to observe and perform same, and declare that statements and recitals
herein are correct and that it has made and does make the agreements,
statements and admissions in the ordinance and franchise recited to have
been or to be made.
Section 41. Acceptance Fee. The grantee of a franchise hereunder
shall pay to the City at the time of granting of the franchise an acceptance
fee in the sum of $25,000.00. This fee shall be used by the City to cover
its administrative expenses in supervising the franchise applications,
preparation of the ordinance, supervision of the construction and operation
of the Broadband Telecommunications Network.
Section 42. Publication Costs. The grantee of a franchise hereunder
shall assume the cost of publication of this ordinance and franchise as
required by law. A bill for publication costs shall be presented to the
grantee by the City Clerk upon the grantee's filing of acceptance and
shall be paid at that time.
Section 43. Effective Date. This ordinance will become effective
fifteen (15) days after publication.
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Section 44. Applications for a Franchise. Applications for a franchise
hereunder shall be filed with the City Clerk in accordance with instructions
promulgated by the City and shall contain the following information and
provisions:
(a) The name and business address of the applicant, date of
application and signature of applicant or appropriate corporate officer.
(b) Payment of any filing fees required hereunder.
(c) Bid bond in the amount of $25,000 or cash deposit or
certified check in a form acceptable to the city attorney as required
hereunder.
including
including
(d) A general description of the applicant's proposed operation
a description of the proposed service area.
(e) A statement of the television and radio services proposed
both off -the -air and locally originated signals.
(f) A statement setting forth a description of the television
channels and programming facilities to be made available for public,
municipal and educational usage over and above thosachannels and programming
facilities required to be made available either by the Federal Communications
Commission or the provisions of this ordinance.
(g) A statement of the applicant's proposed schedule of charges
for inclusion in Section 13 herein and which schedule should be incorporated
herein by reference.
(h) A statement detailing the corporate organization of the
applicant, if any, including the names and addresses of his officers and
directors and the division of shares between shareholders.
(i) A statement describing all intra -company relationships
of the applicant including parent, subsidiary or affiliated companies.
(j) A statement setting forth all agreements and understandings
whether written or oral existing between the applicant and any other
person, firm, group or corporation w-_th respect to any franchise awarded
hereunder and the conduct of the operation thereof.
(k) If applicant is a corporation, a financial statement for the
previous fiscal year together with a Board Resolution authorizing the
obtainment and expenditure of such funds as are required to construct,
install and operate the Broadband Telecommunications Network contemplated
hereunder.
(1) If requested by the City, suitable written evidence,
accompanied by a projected ten (10) year operations balance sheet, from
a recognized lending or funding agency, or agencies, addressed both to
the applicant and to the City, advising that the applicant's financial
ability and planned operation have been analyzed by the agency or agencies
and that this lending or funding agency or agencies is prepared to make
the required funds available to applicant if he is awarded a franchise.
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(m) A brief technical description of the type of electronic
equipment and coaxial cable proposed for use by the applicant.
(n) A statement from the applicant's senior technical staff
member or consultant advising that he has reviewed the Service Standards,
the Network Technical Standards and Measurements and Construction
Standards set forth herein, and that the applicant's planned network
and operations thereof will meet all the requirements set forth therein.
(o) A statement as to whether the applicant has applied for
or been granted a franchise in any other city, together with the name
and address of the City Attorney in each such city.
(p) A statement as to whether the applicant or any of its
officers or directors or holders of ten percent (107) or more of its
voting stock has in the past ten (10) years been charged with or
convicted of any crime other than a routine traffic offense and the
disposition of each such case.
(q) Such supplementary, additional or other information that
the City deems reasonably necessary for its determinations.
(r) Applications for a franchise hereunder from any grantee
shall be attached hereto and incorporated herein by reference.
Adopted by the Ci Council A,: st 21, 1972.
Mayor
At t:
A so3LIA-A)
City Cler:
nistration:
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App,oved as to form and legality:
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e
110
CABLE TELEVISION ENABLING ORDINANCE
INDEX
PAGE NO
1. General Provisions 1
2. Definitions 1
3. Grant of Authority 2
4. Duration of Franchise 3
5. Limitations of Franchise 3
6. Franchise Payment 4
7. Security for Performance 4
8. Liability Insurance & Indemnification 5
9. Grantee Rules 6
10. Service Contract 6
11. Books & Records of Grantee 7
45 12. Filing Communications with Regulatory Agencies 7
A\ r 13. Fees and Rates 7
61\
iJ 14. Use of Telephone Facilities 10
J 15. Conditions of Street Occupancy 10
16. Future Conditions of Use 12
\� \1)- 17. Changes Required by Public Improvements 13
18. Inspection of Property and Records 13
19. System Installation Schedule 14
41020. Extent of Service 14
/21. System Extension to New Subscribers 15
22. Operational Standards 15
23. Technical Standards 16
24. Service to be Provided by the Company 25
25. Interconnection 28
26. Additional Services 28
27. Emergency Use of Facilities 29
28. Miscellaneous Provisions 29
29. Citizens' Cable Advisory Board 30
30. Preferential or Discriminatory Practices Prohibited 30
31. Use of Data From Subscribers 30
32. Rights Reserved to the City 31
33. Violations 32
34. Conditions of Grantee Acceptance 32
35. Failure of City to Enforce Franchise Terms 33
36. Expiration and Revocation 33
37. Applicable Laws 34
38. Rights of Amendment and Revocation 34
39. Severability 36
40. Acceptance 36
41. Acceptance Fee 36
42. Publication Costs 36
43. Effective Date 36
44. Applications for Franchise 37
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