HomeMy WebLinkAbout1235 - ADMIN Ordinance - City Council - 1973/10/09e
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1235
5 /" '3' d AUG 2 0 1973
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 1197,
SETTING FORTH TERMS AND CONdDITIONS FOR THE
INSTALLATION, MAINTENANCE AND OPERATION OF A
BROADBAND TELECOMMUNICATIONS NETWORK (BTN)
FOR THE TRANSMISSION OF CATV AND OTHER SERVICES,
ELECTRICAL IMPULSES OF TELEVISION, RADIO AND
OTHER INTELLIGENCES, EITHER ANALOG OR DIGITAL,
FOR SALE TO OR USE BY INHABITANTS OF THE CITY;
SETTING FORTH TERMS AND CONDITIONS; PROVIDING
FOR CITY REGULATION; ESTABLISHING A CITIZENS
CABLE ADVISORY COMMITTEE
INDEX
Section 1. Definitions
(a) City
(b) Council
(c) Person
(d) Public agency
(e) Non-profit agency
(f) Subscriber
(g) CATV System
(h) Installation
(i) Gross subscriber revenue
(j) Duplex network
(k) Dual cable network
(1) Shadow cables
(m) Pay TV
(n) Commencement of service
(o) Full network service
(p) Franchise
(q) Franchise ordinance
(r) Franchisee
Sec. 2. Franchise Required
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Sec. 3. Significance of Franchise; Limitations 3
(a) Authority Granted 3
(b) Pole Space Obligation 4
(c) Privileges Must Be Specified 4
(d) Privileges Subordinate 4
(e) Consent to Transfer 4
(f) Change of Control of Franchisee 4
(g) Previous Rights Abandoned 4
(h) Subject to Other Rules and Regulations 5
Sec. 4. Duration of Franchise 5
Sec. 5. Acceptance
5
(a) Procedure 5
(b) Franchisee to Have No Recourse 5
(c) Acceptance of Power and Authority of City 5
(d) Inducements Not Offered 5
(e) Franchisee Accepts Terms of Franchise 6
Sec. 6. Franchise Payment 6
(a) Payment to the City 6
(b) Method of Computation; Interest 6
(c) Rights of Recomputation 6
Sec. 7. Security for Performance 7
(a) Performance Bond 7
(b) Delays in Performance 7
(c) Rights Reserved to City 7
Sec. 8. Liability Insurance and Indemnification 7
(a) Public Liability Insurance
(b) Review of Coverage
(c) Indemnification
Sec. 9. System Capability; Facilities
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10
(a) System Channel Carriage Capability 10
CO Reverse Signal Capability (Duplex Network) 10
(c) Designated Service Districts 10
(d) Upgrading of Facilities, Equipment and Service 10
(e) Emergency Power 10
(f) Business Office 10
(g) Emergency Capability and Use 10
(h) Studio Facilities; Personnel 11
(i) Continuous Operation 11
(j) Computer Access 11
Sec. 10. Quality of Reception; Technical Standards 11
(a) Quality of Reception 11
(b) Technical Definitions 11
(c) Technical Standards 13
(d) Performance Tests and Certification 16
(e) Alternate Approach 16
(f) Measurements Used in Performance Tests 17
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Sec. 11. Channels to Be Provided by Franchisee 19
(a) Public Access Channel 19
(b) Education and Governmental Use Channels 19
(c) Channel Capacity Expansion 20
(d) Channel Use Fees 20
(e) Local Origination Programming 20
Sec. 12. Inter -Connection 21
(a) Required for Network 21
(b) Required for Educational and Governmental
Use Channels 21
Sec. 13. System Installation Schedule 21
(a) Permit Application 21
(b) Commencement of Construction 21
(c) Commencement of Service 22
(d) Complete Service 22
(e) Completion Requirements 22
(f) Delays and Extensions of Time 22
(g) Failure to Complete 22
Sec. 14. Fees, Rates, and Charges 23
(a) Basis; Approval 23
(b) Changes in Rates, Fees or Charges 23
(c) Charge for Converter 24
(d) Disconnection 24
(e) Per -Program or Per -Channel Charges 24
(f) Judicial Review 24
(g) Ccu rt Affirmation 24
Sec. 15. Conditions of Street Occupancy 25
(a) Approval of Proposed Construction 25
(b) Excavation Permits 25
(c) Changes Required by Public Improvements 25
(d) Facilities Not to be Hazardous or Interfere 25
(e) Method of Installation 26
(f) Protection of Facilities 26
(g) Notice of City Improvements 26
(h) Compliance with Codes 26
(i) Moving of Wires 27
(j) Tree Trimming 27
(k) Record of Equipment and Facilities to be
Maintained 27
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Sec. 16. Operation of the Franchise 27
(a) Consumer Complaints 27
(b) Repairs and Maintenance 27
(c) Reports, Books and Records of Franchisee 28
(d) Rules of the Franchisee 29
(e) Approval of Service Contract 29
(f) Filing Communications with Regulatory Agencies 29
(g) Plan Filed 29
(h) Franchisee Assistance in Developing Public Uses 30
(i) Preferential or Discriminatory Practices
Prohibited 30
(j) Subscriber Privacy 31
(k) Ownership Interest Prohibited 31
(1) Service Continuation, Notification of
Subscribers 31
(m) Removal of Roof Top Antennae 32
(n) Sale or Service of TV Receivers 32
(o) Filing Requirements 32
(p) Use by Political Candidates 32
Sec. 17. Rights Reserved to the City; Resolution of
Disputes 32
(a) No Impairment of Eminent Domain 32
(b) Franchisee Agrees to City's Rights 32
(c) City's Right of Intervention 32
(d) Powers of the City 33
(e) Resolution of Disputes and Appeal Procedures 33
(f) City's Transfer of Functions 33
Sec. 18. Enforcement 33
(a) Failure to Enforce Provisions
(b) Contravention of Franchise
Sec. 19. Right of Amendment Reserved to City
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Sec. 20. Expiration or Revocation of Franchise 34
(a) Expiration; Extended Operation 34
(b) Grounds for Revocation 34
(c) Procedure Prior to Revocation 35
(d) Injunctive Relief 35
(e) Right of City to Purchase; Disposition of
Facilities 35
(f) Transaction Affecting Ownership or Control
of Franchise Facilities 35
(g) Restoration of Property 36
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' Sec. 21. Unauthorized Connection 36
411 Sec. 22. Citizens Cable Advisory Committee 36
(a) Composition 36
(b) Purpose 36
Sec. 23. Applications for a Franchise 37
Sec. 24. Publication Costs 38
Sec. 25. Severability 39
Sec. 26. Short Title 39
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Section 5. Sec. 16 (n) of Ordinance No. 1235 is amended to read as
follows:
(n) Sale of Service of TV Receivers. Neither the franchisee
during the period of the franchise nor any of its subsidiaries
parents, or affiliate companies, associations or organizations,
officers or directors or stockholders holding five percent
or more of outstanding stock of the franchisee, shall, within
the corporate limits of the city or within ten miles in any
direction, directly or indirectly engage in the retail sale,
renting, leasing, or repairing of radio or television
receivers or their appurtenances, except in the maintenance
of this and other Cable TV Systems.
Section 6. Sec. 20 (b) (5) of Ordinance No. 1235 is amended to read as
follows:
(b) (5) If any court of competent jurisdiction, the FCC, or
any state regulatory body by rule, decision, orother action
determines that any provision of the franchise is invalid or
unenforceable, in the opinion of the city all provisions of
the franchise being material and essential provisions both
to the granting and the continuance of the franchise, without
which the city would not have granted the franchise. This
provision (5) shall not apply when and after the franchisee
has commenced construction under 13 (b).
Section 7. Sec. 4 of Ordinance No. 1236 is amended to read as follows:
Sec. 4. Commencement of Service. The franchisee shall
commence service as defined in Ordinance No. 1197 as amended,
when sufficient distribution facilities have been installed
so as to make full network service available to at least
4,500 subscribers in the City of St. Louis Park, including
multiple dwellings, actual operations being subsequent to
receipt of certificate of compliance from the FCC.
Section 8. Sec. 5 of Ordinance No. 1236 is amended to read as follows:
Sec. 5. Guaranty of Acceptance. This franchise is issued to
the company on the express condition that its acceptance
of the franchise will include an unconditional guarantee by
Warner Cable Corporation, a Delaware corporation, of the
faithful performance by the company of all the terms and
conditions of the franchise.
Section 9. Effective Date. This ordinance shall take effect fifteen
days after its publication.
Atyest •
Adopted by=
�//ate
City Clerk
Reviewed for administration:
r-�.
City Manager
Appas to form d legality:
City torney
09,
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 1197,
SETTING FORTH TERMS AND CONDITIONS FOR THE
INSTALLATION, MAINTENANCE AND OPERATION OF A
BROADBAND TELECOPIPIUNICATIONS NETWORK (BTN)
FOR THE TRANSMISSION OF CATV AND OTHER SERVICES,
ELECTRICAL IMPULSES OF TELEVISION, RADIO AND
OTHER INTELLIGENCES, EITHER ANALOG OR DIGITAL,
FOR SALE TO OR USE BY INHABITANTS OF THE CITY;
SETTING FORTH TERMS AND CONDITIONS; PROVIDING
FOR CITY REGULATION; ESTABLISIIING A CITIZENS
CABLE ADVISORY COMMITTEE.
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Ordinance No. 1197 is amended to read as follows:
Sec. 1. Definitions. In this ordinance the following
terms, phrases, words, and their derivatives have the meanings
given. 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" means the City of St. Louis Park.
(b) "Council" means the City Council of the City
of St. Louis Park.
(c) "Person" means any person, firm, partnership,
association, corporation, company or organization.
(d) "Public agency" means any governmental unit
or political subdivision of the state of Minnesota, including school
districts and other special purpose governmental bodies.
(e) "Non-profit agency" means any non-profit
corporation or association, charitable organization, or other
organization not operated for profit.
(f) "Subscriber" means any person who receives
service from a franchisee.
(g) "CATV System" or "broadband telecommunications
network" means 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.
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(h) "Installation" means the fixing for use or
the putting in place in a room of the equipment necessary for
reception of signals from the CATV system, exclusive of a television
or radio receiver.
(i) ''Gross subscriber revenue' means all revenue
received by the franchisee, its affiliates, parent organization, or
subsidiaries, in connection with the operation_ of the broadband tele-
communications network within the corporate limits of the city,
including but not limited to receipts from service charges, installa-
tion and disconnect charges, advertising, channel leasing, data trans-
mission, per -program charges, and rental income from use of facilities.
(j) 'Duplex network' means a two-way communications
network consisting of coaxial cables and amplifiers which can carry
signals in two directions.
(k) "Dual cable network" means a network consisting
of simultaneously installed c'uplicate trunk and distribution coaxial
cables, each capable of two-way communications, fastened together
or otherwise connected and used for transmission and distribution of
both digital and analog signals, including both television and radio.
(1) ''Shadow cables' mean the second cables in a "dual
cable network" and means the absence of all associated electronic
equipment and the second drop cables to subscribers required to
activate and place into service the second cables of the "dual cable
network".
(m) 'Pay TV' means origination or access cablecasting
operations for which a per -program or finer -channel charge is made to
subscribers.
(n) "Commencement of service' occurs when sufficient
distribution facilities have been placed in use to offer "full
network service" to at least the number of subscribers specified
in the franchise ordinance.
(o) 'Full network service' means subscriber services
provided by the franchisee, including both the delivery of broadcast
signals and programming originated over the cable system, covered by
the regular monthly charge paid by all subscribers, and also subscriber
services provided by the franchisee for which a special charge is made
based on program or service content or time of usage.
(p) "Franchise" means the incorporated terms of the
franchise, franchise ordinance and acceptance agreement and all rights,
powers, duties, obligations, and privileges under them.
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(q) "Franchise ordinance" means the separate ordinance
by which the franchise is granted to the franchisee.
(r) 'Franchisee' means all persons including, but not
limited to, subsidiaries, parents, or affiliate companies, associations
or organizations having any rights, pouers, privileges, duties,
liabilities or obligations, under this ordinance, and under the
franchise ordinance, collectively called the ''Franchise', and also
includes all persons having or claiming any title to or interest in
the system, whether by reason of the franchise itself directly or by
interest in a subsidiary, parent, or affiliate company, association
or organization or by any subcontract, transfer, assignment, mortgage
security agreement, management agreement, or operating agreement, or
whether otherwise arising or creates?.
Sec. 2. Franchise Required. After the effective date of
this ordinance, no person shall establish, operate or carry on the
business of distributing to any person in the city any television
signals, or radio signals or other intelligences, either analog or
digital, by means of a hroadban_0 telecommunications network unless a
franchise has first been obtained pursuant to the provisions of this
ordinance, and unless such franchise is in full force and effect.
Ho person shall 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 on any tentative subdivision map approved by
the city, any equipment or facilities for distributing any television
signals or radio signals or other intelligences either analog or
digital over a broadband telecommunications network unless a
franchise authorizing the use of the streets or properties or
areas has first been obtained pursuant to the provisions of this
ordinance, and unless such franchise is in full force and effect.
Sec. 3. Significance of Franchise;. Limitations.
(a) Authority Granted. A franchise to construct,
operate and maintain a broadband telecommunications network within
the city shall be governed by the terms and conditions of this
ordinance. A franchise grants to the holder a nonexclusive right
to construct, operate and maintain a broadband telecommunications
network 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 and additions to the system.
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 franchise shall extend to the territory so annexed; and
all facilities owned, maintained or operated by the franchisee
located within, under or over streets of the territory so annexed
shall thereafter be subject to the franchise.
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CD) Pole Space O;Dligation. A Lranchise shall not
relieve the franchisee of any obligation to obtain pole space from
any department of the city, a utility company, or from others
maintaining poles in the streets.
(c) Privileges ":ust De Specified. :To privilege or
exemption shall be inferred from the granting of any franchise unless
it is specifically prescribed. Nothing in this ordinance shall be
deemed to require the granting of a franchise when in the opinion
of the Council it would not be in the public interest to do so.
(d) Privileges Subordinate. Any privilege claimed
under a franchise in any street or other public property shall be
subordinate to any lawful occupancy of the street or other public
property or to any present or future improvements such as sidewalks
and roadway widening.
(e) Consent to Transfer. A franchise shall be a
privilege to be held in personal trust by the original recipient.
It cannot 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
IDe prescribed. Any request for a transfer or assignment shall be
made in writing and filed in the office of the city clerk at least
30 days prior to the approval of any transfer or assignment. Approval
of a transfer or assignment will not be unreasonably withheld by the
city.
(f) Change of Control of Franchisee. Drior approval
of the City Council shall be required where oirnership or control of
more than 30ri of the right of control of the franchisee, or of a
partner in a partnership holding a franchise, is acquired in any
manner by a person or group of persons acting in concert, none of
whom already own or control 30,' or more of such right of control,
singularly or collectively. Jy its acceptance of this franchise,
the franchisee and any partners of a franchisee soecifically grant
and agree that any such acquisition occurring without prior approval
of the City Council shall constitute a violation of this franchise.
(g) Previous nights Abandoned. A franchise shall be
in lieu of any and all other rights, privileges, powers, immunities,
and authorities owned, possessed, controlled, or exercisable by a
franchisee or any successor pertaining to the construction, operation,
or maintenance of a cable communications system in the city. The
acceptance of a franchise shall operate, as between franchisee and
the city, as an abandonment of any and all of such rights, privileges,
powers, immunities, and authorities within the city. All construction,
operation and maintenance by the franchisee of any cable system in the
city shall be under the franchise and not under any other right,
privilege, power, immunity, or authority.
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privilege, power, immunity, or authority.
(h) Subject to Other Rules and Regulations. Any
franchise shall be subject to all apr_licable rules and regulations
of the FCC and of any state agency having jurisdiction over the
operations of the franchisee. In the event that the FCC or any
state agency having jurisdiction should modify their rules and
regulations relating to local regulatory relationships, the city
will amend this ordinance within six months of the effective date
of the modification, to be in conformance with the modification.
Sec. 4. Duration of Franchise. Upon filing of the proper
acceptance by the franchisee, the bond and the required insurance, the
franchise shall take effect as of the effective date of the franchise
ordinance and shall continue in full force and effect for a term of
15 years.
Sec. 5. Acceptance.
(a) Procedure. A franchise shall be unconditionally
accepted by the franchisee by written instrument executed and acknow-
ledged by the franchisee and filed with the city clerk within 20 days
after the granting of a franchise. The written instrument shall
express the unqualified acceptance of the franchise and its terms,
conditions, and provisions. she franchisee shall agree in the
instrument to abide by, to observe and perform it, and shall declare
that its statements and recitals are correct and that the franchisee
has made and does make the agreements, statements and admissions
recited in the franchise.
(b) Franchisee to Have No Recourse. Except as
expressly provided in this franchise, the franchisee shall have no
recourse against the city for any loss, cost, expense or damage
arising out of the provisions or requirements of this franchise or
because of the enforcement of the terms of the franchise by the
city nor for the failure of the city to have the authority to grant
all or any part of this franchise.
(c) Acceptance of Power and Authority of City. The
franchisee expressly acknowledges that in accepting this franchise,
it has relied upon its own investigation and understanding of the
power and authority of the city to grant this franchise.
(d) Inducements Not Offered. The franchisee 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 that is
not included in this ordinance.
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(e) Franchisee Accepts Terms of Franchise. The
franchisee acknowledges by the acceptance of this franchise that it
has carefully read its terms and conditions and it is swilling to and
does accept all of the risks of the meaning of such terms and
conditions.
Sec. 6. Franchise Payment.
(a) Payment to the City. A franchisee shall pay to
the city an annual franchise fee in an amount equal to five percent
of the annual gross subscriber revenues received by the franchisee
for services provided within the city for the use of the streets
and other facilities of the city in the operation of the broadband
telecommunications network and for municipal supervision.
(b) ilethod of Computation; Interest. Sales taxes or
other taxes levied directly on a per -subscription basis and collected
by the franchisee shall be deducted from the local gross operating
revenues before computation of sums due the city is made. The franchise
payment shall be in addition to any other payment owed to the city
by the franchisee. Payments due the city under the terms of this
ordinance shall be computed quarterly as of September 30, December 31,
=larch 31, and June 30 for the preceding quarter and shall be paid
on or before the thirtieth calendar clay from each said computation
date at the office of the city treasurer during his regular business
hours. The payments shall begin as of the effective date of the
franchise and the initial payment shall be clue on the date of the first
quarterly payment occurring more than 90 days after the franchisee
commences service. The city shall he furnished a statement with
each payment, certified as correct by the franchisee reflecting the
total amounts of gross subscriber revenues, and the above charges,
deductions and computations, for the three months` payment period
covered by the payment. Once each year the franchisee shall furnish
the city with a statement by a certified public accountant reflecting
the total amount of gross subscriber revenue and the calculation
of the payments due to the city.
In the event that any payment is not made as required, interest on
the amount due, as determined from the gross operating receipts
computed by a public accountant, shall accrue from that date at the
annual rate of 12 percent. 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 facilities and
supervision.
(c) Rights of Recomputation. No acceptance of any
payment shall be construed as a release or as an accord and satisfaction
of any claim the city may have for further or additional sums payable
as a franchise fee under this ordinance or for the performance of any
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other obligation.
Sec. 7. Security for Performance.
(a) Performance Boncl. The franchisee shall,
concurrently with its acceptance of this franchise, file with the
city and at all times thereafter maintain in full force and effect
for the term of this franchise or any renewal, at franchisee's sole
expense, a corporate surety bond in a responsible company licensed
to do business in the state of i!innesota in the amount of $300,000
renewable annually, and conditioned upon the faithful performance
of franchisee, and upon the further condition that in the event
franchisee shall fail to comply with any law, ordinance or regulation
governing the franchise, there shall be recoverable jointly and
severally from the principal and surety of the bond any damages or
loss suffered by the city as a result, including the full amount of
any compensation, indemnification, or cost of removal or abandonment
of any property of the franchisee, plus a reasonable allowance for
attorneys' fees and costs, up to the full amount of the bond, this
condition to be a continuing obligation for the duration of the franchise
and any renewal and until the franchisee has liquidated all of its
obligations with the city that may arise from the acceptance of this
franchisee or renewal by the franchisee or from its exercise of any
privilege or right granted by the franchise. The bond shall provide
that at least 30 days' prior written notice of either intention not
to renew, cancellation or material change in the bond shall be given
to the city by filing the same with the city clerk. Notwithstanding
above provisions of this subsection, the City Council may in its sole
discretion waive the bond or reduce the required amount after five
years of operation of a system under the franchise, by the franchisee,
its successors or assigns, which, in the sole opinion of the City
Council has been satisfactory.
(b) Delays in Performance. The bond required in this
section shall provide that with 15 days prior written notice to the
franchisee, the city may recover against the surety the sums provided
for failure to complete construction in accordance with any provision
of Sec. 13, System Installation Schedule.
(c) Rights Reserved to City. The rights reserved by
the city with respect to the bond are in addition to all other rights
the city may have under this ordinance or any other law.
Sec. 8. Liability Insurance and Indemnification.
(a) Public Liability Insurance.
(1) A franchisee shall immediately upon the
award of a franchise, furnish to the city, and at all times during
the existence of the franchise, maintain in full force and effect,
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at its own cost and expense, the following insurance:
(a) for claims arising under any workmen's
compensation, employees liability, or any similar employee benefit acts;
(b) for claims because of bodily injury,
sickness, disease or death of any person or persons other than the
franchisee's employees, and for claims because of damage to or
destruction of property of others including loss of use.
(2) Such insurance shall be written for amounts
not less than the following as respects subparagraph (a) above:
Workmen's compensation statutory
Employee's liability $100,000 each occurrence
and as respects subparagraph (b) above:
or bodily injury
property damage
Bodily injury and property
damage with a combined
single limit of liability
of $1,000,000 each occurrence
General and automobile $ 500,000 each person
General and automobile $1,000,000 each occurrence
General and automobile $ 500,000 each occurrence
General $ 500,000 aggregate
(3) The insurance referred to in subparagraph (b)
above shall be written under the comprehensive general and comprehen-
sive automobile liability policy forms, including coverage for all
owned, hired, and non -owned automobiles. The franchisee may at its
option provide the limits of liability as set out above by a combination
of the above described policy forms, and an umbrella excess liability
policy.
(4) The policy or policies shall afford the
same limits of liability as set out above for liability assumed
under contract.
(5) All responsibility for payment of any sums
resulting from any deductible provision, corridor, or self-insured
retention conditions of the policy or policies shall remain with
the franchisee.
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(6) The policy or policies shall waive any
•nd all governmental immunity as a defense in any action brought
against the insures?.
(7) Approval of the insurance by the city shall not in
any way relieve or decrease the liability of the franchisee, and it is
expressly understood that the city Coes not in any way represent that
the above specified insurance or limits of liability are sufficient
or adequate to protect the franchisee's interest or liabilities.
(8) Evidence of the above insurance in the
form of insurance certificates shall be furnished the city clerk
by the franchisee. If there are special limitations on the
insurance policy, then a copy of the policy exclusions must be
submitted with the insurance certificate. Proof of insurance
shall be submitted directly to the city clerk for review and
approval by the city attorney. The franchisee shall not begin
any activities until the city has reviewed and approved the insurance
certificates and has so notified the franchisee directly in writing.
(9) The policies shall name the city, its officers,
boards, commissions, agents, emoloyees and appointees as additional
insureds and shall contain a provision that a written notice of
cancellation or reduction in coverage of the policy shall be delivered
to the city 30 days in advance of the effective date. If the insurance
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provided by a policy which also covers the franchisee or any other
ntity or person other than those above named, then the policy shall
contain an endorsement concerning gross liability, which shall be
subject to approval by the city attorney.
(b) Review of Coverage. The city shall annually
review the above insurance provisions; and, if it is determined that
the insurance coverage is inadequate, additional insurance may be
required as is reasonably determined by the city and shall be provided
by the franchisee.
(c) Indemnification. The franchisee shall indemnify
and hold harmless the city and its agents and employees from and
against all claims, damages, losses and expenses, including
attorneys° fees, which they may suffer or for which they may be
held liable, arising out of or resulting from the assertion against
them of any claims, debts or obligations in consequence of the granting
of the franchise by the city or the operation of the system by the
franchisee, its employees, agents, or subcontractors. The city
disclaims all liability arising out of the utilization of the public
access channel and the franchisee agrees to indemnify and hold
the city harmless for any damage that may result from such a claim.
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Sec. 9. System Capability; Facilities.
(a) System Channel Carriage Capability. The
franchisee shall install a "dual cable network" having a minimum
bandwidth capability of five to 300 '?Iiz . At the option of the
franchisee, the second cables may be "Jhadow cables". 7rhenever a
reverse or feedback circuit is routed through a subscriber's premises,
it shall be connecter' so as to permit subscriber notification and
deactiviation.
(11) Reverse Signal Capability (Duplex network).
The franchisee shall provide in the original construction a duplex
network capable of reverse direction signals from all drops. This
carriage capability shall be at least in accordance with the
requirements of the Federal Communications Commission's 3rd Report
and Order.
(c) Designated Service Districts. The franchisee
shall design and construct the system in a hub configuration so
as to permit the discrete distribution of Class II, Class III, and
Class IV cable television channels within at least five designated
service districts, the boundaries on which shall be approved by
the City Council.
(d) Upgrading of Facilities, Equipment and Service.
The franchisee shall upgrade its facilities, equipment and service
so that its network is as advanced as the current state of
technology with field -proven equipment will allow. Failure of
the franchisee to install additional channel capacity as required
by the Federal Communications Commission shall be a breach of the
franchise ordinance.
(e) Emergency Power. 'Then, in the opinion of the
city, it becomes economically and technically feasible, the
franchisee shall provide emergency and automatic standby power
for the studio, headend and trunk lines that will enable emergency
use of the facilities as provider' in subsection (g) of this section.
(f) 3usiness Office. The franchisee shall maintain
an office in the city at a location convenient to the public.
(g) Emergency Capability and Use. The franchisee
shall, in the case of any emergency or disaster, make its entire
system available without charge to the city or to any other
governmental or civil defense agency that the city shall designate.
The franchisee 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. The franchisee shall provide in a location to
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be designated by the city, all equipment necessary for use of the
4110 emergency alert system.
(li) Studio Facilities; Personnel.
(1) The franchisee shall 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 within
the studio and that at least one studio shall provide for audience
participation. A franchisee's plans for its business office and
color studio to be constructed within the city shall be submitted
to the city for approval. These plans shall include such items
as studio size, accessibility to the public, type of facilities,
hours of operation and estimated construction time.
(2) The franchisee shall provide a color
capable mobile origination facility,, subject to approval of the city,
with capability for preparation and playback of either live or
taped programming for use within the city.
(3) The franchisee shall, upon request and at
no charge provide the production facilities and personnel reasonably
necessary to assist in the preparation and transmission of govern-
mental and educational programs.
(i) Continuous Operation. The network shall be
designed and rated for 24 -hour -a -day continuous operation.
(j) Computer Access. The franchisee shall, when
it becomes technically and economically viable, provide computer
access to all subscribers.
Sec. 10. Quality of Reception; Technical Standards. The
broadband telecommunications network shall meet the following
standards, subject to future modification by the city, including
modification by standards adopted by the Federal Communications
Commission that are more stringent than those established by the
city.
(a) Quality of Reception. The network shall 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 color 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,
provided that the subscriber's television receiver is in good repair
and properly adjusted. The network shall 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
interfering with other electrical or electronic networks or with
the reception of other television or radio receivers in the area
not connected to the network.
(b) Technical Definitions.
(1) 'Cable television channel" means 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"
means a signaling path provided by a cable television system
to relay to subscriber terminals television broadcast programs
that are received off -the -air or that are obtained by microwave
or by direct connection to a television broadcast station.
(3) "Class II cable television channel"
means 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 are not involved in a
broadcast transmission path.
(4) "Class III cable television channel"
means 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"
means 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) "Channel frecuency response" means within a cable
television channel, the relationship as measured at a subscriber
terminal between amplitude and frequency of a constant -amplitude
input signal.
(7) "Network noise" means undesired and/or
fluctuating disturbances within a cable television channel, exclusive
of undesired signals of discreet frequency, which degrade the repro-
duction 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 MHz bandwidth
between 1.25 and 5.25 tlHz above the lower channel boundary of a
broadband telecommunications network.
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(8) "Subscriber terminal" means the broadband
telecommunications network 75 ohm cable terminal to which the
subscriber's equipment is connected. Separate terminals may
be provided for delivery of cable television signals, FM broadcast
or other signals of differing classifications.
(9) "Terminal isolation" means at any subscriber
terminal, the attenuation between that terminal and any other
subscriber terminal in that network.
(10) "Visual signal level" means the rms voltage
produced by the visual signal during the transmission of
synchronizing pulses.
(11) "BTU network channel capacity" means 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
as a result.
(c) Technical Standards. The following requirements
apply to the broadband telecommunications network performance for
Class I, Class II and 6 IiHz Discrete Video Cable Television
Channels, as measured at any equivalent subscriber terminal with a
matched termination. They also apply to each of the cable
television channels in which signals picked off -air are delivered
to the terminals. The measurements shall not include the receiver
converter if such is required at the subscriber'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 that it is technically feasible.
(2) The frequency of the visual carriers shall be
maintained 1.25 i-IHz + 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 ?Hz + 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
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origination channels shall have aural -visual separation + 1 KHz
4110 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 ohms 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 -peak 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 3% 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, or
(c) any local origination channel.
(8) The ratio of visual signal level to the rms
amplitude of any coherent disturbances, such as inter -modulation
products, or discrete -frequency interfering 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
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between separate television and MI broadcast terminals for the
4t) same subscriber shall not be less than 15 decibels.
(10) Radiation from the broadband telecommunications
network shall he limited as follows
Frequencies
Limit Distance
(uV/m) (feet)
Un to and including 54 IIIz 15 100
Over 54 up to and
including 216 :II1z
Over 216 411z
20 10
15 100
(11) All echoes originating 'rithin the network shall
meet the nonvisibility criteria developed by P. 'lertz of the Bell
Telephone Company, i.e., shall not be greater than -36db for echoes
dispersed more than 2 microseconds. For shorter term dispersed
echoes, the network (including headend terminal) shall follow the
"Mertz Curve", merging to a `K" pulse deformation not exceeding
4% 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 Hulse or equivalent
measurement techniques shall be used for these measurements. All
unused subscriber tan ports may be terminated during network
measurement.
(12) 4etuork frequency response as measured at
any subscriber terminal shall not vary more than + 2 db over the
6:1Hz bandwidth of any cable television channel or corresponding
portion of the F:i and mid or upper band spectrums if utilized.
(13) 'Ietwork 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 below the normal transmission level as
measured at any point of the network trunk (network cross -modulation
specifications baser on :ICTA standard).
(14) Subscriber installations shall conform where
applicable to current relevant provisions of the National Electric
Code, current edition.
s
(15) :Iotwithstanding the fact that the network
may be in compliance 17ith 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.
(u) Performance Tests and Certification.
(1) The franchisee shall be responsible for
insuring that the net:►ork is designed, installed, and operated
in a manner which fully complies with the technical standards
of this ordinance.
(2) The franchisee shall conduct, as set forth
by the FCC in their 3rd Report and Order, complete performance
tests of the network at least once each calendar year (at intervals
not to exceed 14 months) and the franchisee shall shoe, at any
other time, upon reasonable request by the city, that the network
does, in fact, comply with the technical standards. The franchisee
shall file with the city a certificate detailing the test standards
and the results of the tests. The performance tests will he
directed at determining the extent to which the network complies
with the technical standards set forth in this ordinance, and at the
discretion of the city shall be conductee in the presence of a
technical representative appointed by the city and compensated by
the franchisee. The tests shall be made on each cable television
channel in the network, and shall include Measurements made at the
extremities of at least two trunk and three taps selected at random,
at least one of which is representative of a terminal most distant
from the network input in terms of cable distance. A statement of
the qualifications of the person performing the test and a descrip-
tion of the instruments and procedures used shall he attached to
the test results filed [►ith the city.
(3) Ater reviewing the certificates of compliance
required in paragraph (2) the city may require that
additional measurements be made, or that a clarifying explanation
be supplied
(e) Alternate Approach. If the franchisee 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)
of this section, he may apply to the city for permission to operate
with such equinrient provided that an adequate showing is made which
establishes that the subscribers are provided an equivalent quality
of service. The burden is on the franchisee for full technical
proof of equivalent performance.
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(f) measurements Used in Performance Tests.
(1) Neasurernents made in tests to demonstrate
continuous 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 telecommunications 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 shall be operated at levels approxi-
mating those used for normal operation. Pilot tones, auxiliary
signals, and non -television signals normally carried on the network
shall 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 measure-
ments; 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.
(2) When it mav 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 shall 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 mav 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 mav 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 level normally
present at that frequency and location. Uith the meter and
variable attenuator connected in series to the subscriber terminal
under tests, the signal level shall be measured and recorded.
i•ieasurements shall then be made in a similar manner for all
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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 41IHz 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
shall be a bandwidth of at least 4 IiHz and appropriate corrections
shall be made to account for its gain.
(6) The amplitude of discrete frequency interfering
signals within a cable television channel may be determined with
either a spectrum analyzer or with a frequency -selective volt -meter
(field strength meter described in subsection (5) above), 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
shall be close to the mid -frequency of the channel being
tested. This test shall be performed with 150 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 volt -meter 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 system cross -modulation measurement may
be performed in accordance with NCTA Standard 002-0267.
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(10) The network hum mddulation may he
measured at each video carrier frequency on the network using
a calibrated signal generator, a detector and an oscilloscope.
The signal generator shall be connedted, 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.
Sec. 11. Channels to be Provided by Franchisee.
(a) Public Access Channel.
(1) The franchisee shall provide, as required
by the FCC, at commencement of 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.
It shall have production facilities, equipment, and personnel
available without cost to cablecast live studio presentations,
16mm, Super 8mm, and 8mm sound film presentations, black and
white and color video-tape presentations on one-half and one
inch video tape of five minutes or less. Fees charged for any
presentation over five minutes shall be limited to production
costs attributed solely to personnel and equipment utilized.
The franchisee also shall make available to the public portable
video cameras, film cameras, and tape recording equipment at
reasonable cost.
(2) The franchisee shall develop procedures,
subject to Council approval for providing notification to all
subscribers of the schedule of presentations known in advance
to be available on the public access channel.
(b) Education and Governmental Use Channels.
The franchisee shall provide, as required by the FCC, at
commencement of service, two fully operational Class II cable
channels, without charge, for a period of five years from
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commencement of service for educational and governmental use.
One channel shall be designated for use by educational institu-
tions and one channel shall be designated for use by the city.
The franchisee shall provide a second channel on the same terms
each to the educational institutions and to the city within 90
days after request of the city or the educational institutions
for the additional channel. The governmental use channel and
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 years.
(c) Channel Capacity Expansion. To fulfill
programming requests within the CATV system, the franchisee
shall provide fully operational Class II Cable channels as
required by the FCC. Requests for additional channel service
shall be submitted to the franchisee in writing. The number
of channels or partial channels desired, the amount of time
desired on each, and the time schedule desired on each shall
be specified in the request. Any request for the use of a
channel for 80% of any three-hour period for 80a of all
weekdays for four successive weeks which is accompanied by
written agreement to pay the approved fees for that service
shall be granted as a matter of right and shall be made
available within six months.
(d) Channel Use Fees. The franchisee may
establish a channel use or lease fee for the use of Class II,
Class III or Class IV Cable channels provided to requesting
parties. The lease agreement shall be terminable by the lessee or
lessor by 30 days° notice of either party's intention to terminate.
The franchisee may not terminate a leased channel agreement with
public or non-profit agencies without prior approval of the City
Council. A request for termination shall be based on the failure
of the lessee to provide programming consistent with its request
or for failure to pay authorized fees and shall not be based upon
inability of the franchisee to provide additional channels
upon demand of other parties. The provisions of this section
shall not apply to users of discrete cable system services
including public or non-profit agencies.
(e) Local Origination Programming. The franchisee
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 is
not limited to coverage and reporting of sporting and cultural
events, and other activities and events of the city, the schools,
community and service organizations, religious institutions, and
individuals. The franchisee shall, in determining the use of this
channel, consider any recommendations of the Citizens Cable
Advisory Committee that may be transmitted by the city to the
franchisee.
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Sec. 12. Inter -Connection.
(a) Required for Network. Subject to obtaining
inter -connection approval from adjoining network franchisors and
operators, the franchisee shall inter -connect its broadband
telecommunications network with all other broadband telecommuni-
cations networks serving those municipalities that adjoin the
city, upon request of the city. In addition, the franchisee
shall make diligent effort to inter -connect its network with
other networks in the seven -county metropolitan Twin City area.
(b) Required for Educational and Governmental Use
Channels. Upon written request by the city or the educational
institutions, subject to FCC approval, the franchisee shall provide,
within 60 days of the request, inter -connected service for the
educational and governmental use channels at no cost for the time
period provided for by Sec. 11 (b) and (c). Proposed use, frequency
bandwidth, letter of numeric designation, and hours of operation
shall be specified.
Sec. 13. System Installation Schedule.
(a) Permit Application. Within 30 days after
acceptance of a franchise, the franchisee shall make application
to obtain all necessary permits, licenses and authorizations
which are required in the conduct of its business. The franchisee
shall diligently apply for all necessary permits and authorizations
and shall diligently pursue their acquisition including, but not
limited to, necessary pole attachments, contracts, microwave carrier
licenses, any permits, licenses, or authorizations to be granted by
regulatory agencies having jurisdiction over the operation of the
broadband telecommunications network or their associated microwave
transmission facilities and necessary authorizations from the Federal
Aviation Agency to construct receiving antenna towers. Copies of
all applications, communications and all permits, authorizations,
contracts, or waivers shall be promptly filed with the city by the
franchisee. After the franchisee has diligently pursued the
acquisition of necessary pole attachment contracts, or other
necessary easements, and where such necessary contracts have not
been entered or easements obtained after a reasonable period of
time, the franchisee shall submit the matter to the city and the
city may, at its discretion, provide assistance to insure
the scheduled construction of the system. If the city decides
in its sole discretion to acquire the necessary rights and
easements by condemnation, the franchisee shall bear all costs.
(b) Commencement of Construction. Within 45 days
after obtaining the necessary permits, licenses and authorizations,
other than FCC certification, the franchisee shall commence
construction and installation of the broadband telecommunications
network.
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(c) Commencement of Service. Within 180 days
after the commencement of construction, the franchisee shall
commence service to subscribers as defined in Sec. 1 (n). The
completion of the construction and installation shall be pursued
with reasonable diligence.
(d) Complete Service. The services provided by
a franchisee shall be made available by it to all areas within
the corporate limits of the city, within 18 months after the
commencement of service.
(e) Completion Requirements. All time limits
stated in the franchise ordinance are of the essence in the
franchise. Failure of the franchisee to obtain necessary permits
and to commence and diligently pursue installation and completion
of the system shall be grounds for termination of the franchise;
provided, 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 that the franchisee, acting
in good faith, experiences delays by reason of circumstances
beyond its control.
(f) Delays and Extensions of Time. The franchisee
shall not be liable for any delays in installation if the failure
to perform arises out of causes beyond its control and without
its fault or negligence. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of the
city in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather. If the failure to
perform is caused by the default of a subcontractor or supplier,
and if such default arises out of causes beyond the control of
both the franchisee and subcontractor or supplier, and without
the fault or negligences of either of them, the franchisee shall
not be liable for any excess costs of failure to perform, unless
the supplies or services to be furnished by the subcontractor or
supplier were obtainable from other sources in sufficient time
to permit the franchisee to meet the required schedule. No
extension of time shall be allowed under this section unless a
written request is submitted to the city within seven days of the
claimed delay.
(g) Failure to Complete. The franchisee shall pay
to the city $ 500 per day for failure to commence service as set
forth in subsection (c) of this section, and to complete service
as set forth in subsection (d) of this section.
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Sec. 14. Fees, later, and Charges.
(a) Basis, Approval. Fees, rates, or charges for
any service nrovidec: shall he fair, reasonable and non-discriminatory
and designed to meet all necessary costs of service, including
a fair and reasonable return on investment under economical and
efficient management. All fees, ratos and charges shall be filed
with and approved by the Council after hearing before they become
effective. The requested initial fees, rates, or charges shall
be filed with the city within 30 days after the effective date
of the franchise.
(1) Changes in Rates, Fees or Charges.
(1) There shall be no increase in the initially
approved rates, fees or charges for three years after the commence-
ment of service, excluding the effect of subsequent imposition of
any federal, state or local taxes, copyright payments or other
legally imposed fees or charges.
(2) Anv subsequent increase requests, in
addition to other factors described in this section, shall take
into consideration the consumer price index for the ':inneanolis-
St. Paul area comniled by the U. S. Department of Labor Statistics
and additional reasonable costs for increased or additional services.
The franchisee shall nay the reasonable costs of determining an
appropriate increase including but not limited to, costs incurred
by the city to retain a rate expert to assist the city in its
deliberations.
(3) If the franchisee recuests a change, it
shall present in detail in writing the statistical basis, in
addition to other requirements of this section, for the proposed
fee change at least 90 days prior to the proposed effective date.
(4) A rate expert's report is not required
for action upon a proposed increase mutually agreeable to the city
and the franchisee. However, a public hearing shall be held before
any rate, fee or charge increase is approved. Notice shall be
published at least once in the official ne•1spaner no less than
20 days prior to the hearing. The city may take such steps as
it deems necessary to obtain other information before acting
upon franchisee's request. :10 action shall he taken in regard
to alteration of rate, fee or charge schedules except by written
resolution of the city Council accompanied by the Council's
findings and conclusions. Copies shall be served upon the
franchisee by personal delivery to its business office.
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(c) Charge for Converter. The franchisee shall
make no monthly service charge for the use of a converter; however,
a reasonable security deposit may be required.
(c1) Disconnection. There shall be no charge for
disconnection from the broadband telecomraunications network
however, following any disconnection, a reasonable reconnection
charge may be made. If a subscriber has failed to pay a properly
due monthly subscriber fee, 60 days after the due date of the fee,
the franchisee may cause disconnection of the subscriber's cable
installation; however, upon payment in full of the delinquent
monthly subscriber fee, and a reasonable fee for reinstatement,
the franchisee shall promptly reinstate the subscriber's cable
service.
(e) 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 under economical and efficient management. The
franchisee shall provide the city with advance notice of
programs subject to per -program or per -channel subscription
at rates consistent with established rates for similarly
scheduled programming.
(f) Judicial Review. The franchisee shall have
prompt judicial review of any resolution of the City Council on
rates, fees, or charges in the District Court of Hennepin County
if application is made to the court within 30 days after service
of the resolution on the franchisee. Review by the court shall
he without a jury and shall be confined to the record, except
that in cases of alleged irregularity in procedure before the
City Council not shown on the record, testimony may he taken by
the court. Except as otherwise provided, all review proceedings
shall be conducted according to the provisions of 'iinnesota
Statutes, Sections 15.0424 - 15.0426.
(g) Court Affirmation. The court may affirm the
decision of the City Council, remand the case for further
proceedings or may reverse or modify the decision if substantial
rights of the appellant have been *prejudiced because the City
Council's findings or conclusions are:
(1) In violation of constitutional provisions;
or
(2) In excess of the authority conferred upon
the City Council by this ordinance; or
(3) :lade upon unlawful procedures; or
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(n) Affected by other error of law; or
(5) Unsupported by substantial evidence in
the entire record; or
(6) Arbitrary or capricious.
Sec. 15. Conditions of Public Property Occupancy.
(a) Approval of Proposed Construction. The franchisee
shall first obtain the approval of the director of nubile works before
any construction is commenced on streets, alleys, sidewalks, driveways,
Public grounds or nlaces of the city. Aoplication for approval of
construction shall he in a form specified by the director of public
works. The franchisee shall give the city reasonable written notice
of proposed construction to allow coordination of all work between
the city and the franchisee.
(b) Excavation Permits. A franchisee shall not open
or disturb the surface of any street, alley, sidewalk, driveway, or
public ground for any purpose without first having obtained a permit
to do so in the mannur provided by ordinance.
(c) Changes Required by Public Improvements. The
franchisee shall, at—Its expense, protect, support, temporarily
disconnect, relocate in or re_:ove from a street, alley, sidewalk,
driveway, or Public around or place any property of the franchisee
when required by the director of public works by reason of traffic
conditions, public safety, street vacation, street construction,
change or establishment of street grade, installation or improve-
ment of sewers, drains, water pipes, notrer lines, signal lines,
tracks or any other type of structure, improvement or alteration
of public property.
(d) Facilities ; 7ot to hazardous or Interfere.
All wires, conduits, cables and other property and facilities
shall he 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, alleys, sidewalks,
driveways or public grounds or places of the city. The franchisee
shall keep and maintain all of its property in good condition, order
and repair at any reasonable time and upon reasonable notice. The
city shall have the right to inspect and examine property owned or
used, in part or in whole, by the franchisee. A franchisee shall
not place poles or other equipment where they will interfere with
the rights or reasonable convenience of adjoining property owners,
or with any gas, electric, or telephone fixtures or with
any water hydrants or mains. All poles or other fixtures placed
in a street shall be placed in the right-of-way between the
roadway and private property as specified by the director of
public works.
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(e) "iethod of Installation. All wires, cables, amplifiers
and other property shall be constructed and. installed in an orderly
and workmanlike manner. All cables and Tires shall be installed
-parallel with existing telephone and electric wires whenever
possible. tultiple cable configurations shall be arranged in
parallel and bundled, with due respect for engineering and safety
considerations. Any portion of a broadband telecommunications
network that is installed in a park or publicly owned open space
area shall be installe,l underground in a manner approved by the
city. All installations shall be underground in those areas of
the city where public utilities providing either telephone or
electric utility facilities 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
franchisee may install its service above ground provided that
at such time as those facilities'are required to be placed
underground, the franchisee shall likewise place its facilities
underground without additional cost to the residents of the city
except as provided under the provisions of Sec. 14.
(f) Protection of Facilities. 1lothing contained in
this section shall relieve any person, company or corporation
from liability arising out of the failure to exercise reasonable
care to avoid injuring the franchisee'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.
(q) :Totice of City 1 tnrave' cnts. Tie city
shall give the franchisee reasonable not[c o dans for street
improvements where paving or resurfacing of a permanent nature
is involved. The notice shall contain the nature and character
of the imProverients , the streets upon which tie imn rovements
are to be made, the extent of the improvements and the date
of commencement of work. :'otice shall be given a sufficient
length of time in advance to permit the franchisee to make
any additions, alterations, or repairs to its facilities
deemed necessary, considering seasonal working conditions
in advance of the actual commencement of the work.
(a) Compliance with Codes. All construction,
installation, maintenance and operation of broadband telecommuni-
cations networks or facilities shall comply with t'io provisions of
the "lational Electrical Safety Code as prepared by the National
Eureau of Standards, the National electrical Code of the Llational
Board of Fire Underwriters, the ,ell Telephone system Cocle of Pole
Line Construction, standards issued by the FCC or other federal or
state regulatory agencies, and local zoning regulations. Every
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broadband telecom'-Zunications network installed, constructed,
maintained or operated in the city shall be designed., constructed,
installed, maintained and operated as not to endanger or interfere
with the safety of persons or property in the city.
(i) Tloving Aires. Upon request made at least five
days in advance by a holder of a building moving permit for the
purpose of moving buildings, the franchisee shall temporarily raise,
lower, or remove its wires. The holder of the building moving
permit shall pay the reasonable cost of the requested service and
may be required to pay that amount in advance.
(j) Trimming Trees. The franchisee shall be allowed to
trim trees upon and overhanging streets, alleys, sidewalks, driveways
and public grounds and places of the city to prevent the branches of
trees from coming in contact with the wires and cables of the company.
All trimming shall he done under the supervision and direction of the
city and at the expense of the franchisee.
(1:) Record of Equipment and Facilities to be
-Maintained. The franchisee shall at all times make and keep at
its business office full and complete plans and records showing
the exact location of all broadband telecommunication network
equipment and facilities installed or in use in the city. The
franchisee shall furnish the city a current record of equipment
and facilities and maps. drawn to scale, showing all broadband
telecommunications network equipment installed or in use in the
city.
Sec. 16. Operation of the Franchise.
(a) Consumer Complaints. Any person may file
complaints regarding inadequate service response or any other
aspect of any broadband telecommunications system in writing
at the office of the city manager.
(h) Repairs and _?aintenance.
(1) Maintenance of the System. The franchisee
shall install and maintain the broadband telecommunications network
so as to avoid unreasonable or repetitive interruptions in service
to subscribers.
(2) Interruption of Service. 'ienever it is
necessary to interrupt service to make tests, repairs, adjustments
or installations, the franchisee shall do so during a period of
minimum subscriber use. Unless an interruption is unforeseen and
immediately necessary, the franchisee shall give reasonable notice
to the subscribers affected. All costs incurred in effecting such
tests, repairs, adjustments or installations shall be borne by the
franchisee unless otherwise provided by law, ordinance or regulation.
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(3) Service Response and Rebate.
(a) The franchisee shall keep its business
office open during normal business hours, maintain a listed telephone
and be equipped to receive complaints twenty-four hours a clay. The
franchisee shall also provide prompt service response, seven days
a week for all complaints and requests for repairs or adjustments.
Calls received prior to 2:00 P. shall be answered the same day.
In no event shall the response time for calls received subsequent
to 2:00 P. A. exceed 24 hours.
(b) If the franchisee fails to correct a
service deficiency within 24 hours, it shall rebate or credit 1/30th
of the monthly charge for "full network service" to each subscriber
for each 24 hours or fraction thereof after the first 24 hours during
which a subscriber is without service following the report of loss
of service, except to the extent that restoration of service is
prevented by strike, injunction or other cause beyond the control
of the franchisee.
(c) Reports, Books and Records of Franchisee.
(1) Report on Operations. The franchisee shall
Prepare and furnish to the city at the time and in the form
prescribed by the city manager, such reports with respect to its
operations, affairs, transactions or property, as may be reasonably
necessary or appropriate to the preservation of the rights, or
performance of the duties of the city or anv of its officers in
connection with the franchise.
(2) Report on Complaints. The franchisee shall
report to the city at least quarterly, on fouls specified by the city
manager, the complaints received from subscribers during each
reporting period. The reports shall include the type of complaint
and how it was resolved, including a record of the time the complaint
was received and the time which may have been required to make any
repairs or adjustments.
(3) Record of Franchisee Orne_rship. The
franchisee shall keep on file with the city a current list of the
names and current addresses of both its officers and of any share-
holders holding 10% or more of the franchisee's outstanding stock.
The officers listed shall include the systems manager and the
chief engineer. Partners shall also be identified.
(0 Records and Property Available for Inspection.
At all reasonable times, the franchisee shall permit any duly autho-
rized representative of the city to inspect, examine or audit all
records and property of the franchisee situated within or without
the city, and to examine and transcribe any and all maps and other
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records kept or maintained by the franchisee or under its control
which deal 'lith the operations, affairs, transactions or property
of the franchisee with respect to this 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 city 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 franchisee.
(5) Report on Channel Use; i?otice. The
franchisee shall maintain on file with the city a report stating
the network channel capacity, listing the cable television
channels which the network delivers to its subscribers, and the
television station or stations whose signals are delivered on each
channel of the network under normal operating conditions. hen
television stations are to be deleted or added, the city and all
subscribers shall he notified in writing 30 days prior to the date
of a deletion or addition.
(cl) Rules of the Franchisee. The franchisee may
rromulgate such rules, regulations, terms and conditions governing
the conduct of its business as may be reasonably necessary to enable
it to exercise its rights and perform its obligations under the
franchise and to assure an uninterrupted service to each and all
of its customers: except that such rules, regulations, terms and
conditions shall not be in conflict with the provisions of this
ordinance, other ordinances of the city or the laws of the state
of "Iinnesota or the United States. A current copy of such rules,
regulations, terms and conditions shall be filed with the city.
(e) Approval of Service Contract. If a written
service contract is used by a franchisee in its dealings with
subscribers, the franchisee shall obtain city approval of the
fore and terms of the contract prior to enterinq into any such
service contracts. The franchisee shall =lake no changes in the
form or terms of any such service contract without prior approval
of the city.
(f) Filing Communications with Regulatory Agencies.
Copies of all petitions, annlications an.3 communications that are
submitted by a franchisee to the Federal Communications Commission,
or other federal or state regulatory commission or agency having
jurisdiction in respect to any matter affecting broadband tele-
communications net'iork operations within the city, shall also be
submitted simultaneously to the city by filing the same with the
city manager.
(g) Plan Filed. A franchisee shall submit within
30 days after commencement of service and annually thereafter,
a plan stating the proposed number of channels which will be
devoted to network affiliated television stations; non -network
29
independent television stations, including educational television
stations, and channels to be devoted to locally originating
programs. The plan shall also contain the following:
(1) An estimate of the total number of
broadcast hours per week per channel which the franchisee proposes
to devote to local progran_1ing.
(2) The types of local programs it Proposes
to originate.
(3) A nr000secl programing schedule for
locally originated channels.
(4) A description of the proposed advertising
grog ra`t .
(5) Plans for ;providing a duplex system and
FPI multiplex stereo and music channels.
(h) Franchisee Assistance in Developing Public
Uses. The franchisee shall assist the city in developing the
full capabilities of cable television for public use, including
but not limited to, its application to such public services as
traffic surveillance, monitoring flows in crater and sewer lines,
measuring air pollution through sensor systems, public service
messages, training of personnel, fire and burglary detection,
polling and surveying, and data processing..
(i) Preferential or Discriminatory Practices
Prohibited.
(1) The franchisee shall establish and
maintain an Affirmative Action Prograr~ providing that no individual
shall be discriminated against with respect to compensation, terms,
conditions or other privileges or employment because of race,
color, religion, sex, national origin, physical condition or age.
The franchisee's Affirmative Action Prograrl shall be maintained
on file with the city manager beginning prior to the commencement
of service and shall be in compliance with current and future
policies estaz,lished in the city's kffirriative Action Program.
(2) The franchisee 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.
This provision shall not be deemed to prohibit promotional cam-
paigns to stimulate subscriptions to the syste:l or other legitimate
uses thereof; nor shall it be deemed to prohibit the establishment
of a graduated scale of charges and classified rate schedules to
•Ihich any customer coming within such classifications shall be
entitled.
(3) The entire system of the franchisee shall
be operated in a manner consistent yith the principle of fairness
and equal accessibility of its facilities, equipment, channels,
studios, and other services to all citizens, businesses, public
agencies, or other entities having a legitimate use for the system;
and no one shall be arbitrarily excluded from its use; allocation
of use of said facilities shall be made according to the rules or
decisions of regulatory agencies affecting the same, and where
such rules or decisions are not effective to resolve a dispute
between conflicting users or potential users, the *natter shall
be submitted for resolution by the City Council.
(j) Subscriber Privacy. A franchisee shall not,
without city approval, initiate or use any forri or procedure or
devise for procuring information or data from cable system
subscribers' terminals by use of the cable system. Further, it
shall be unlawful for anv franchisee without the expressed consent
of a subscriber on each occasion, either in T•Triting, orally or
by electro -mechanical means, to activate and/or utilize the
return path of a "duplex network" in any manner from the
subscribers' premises.
(1:) Ownership Interests Prohibited. No franchisee
shall own directly or indirectly, any interest either in a
ne%ispaper, or in a radio or television station that has any
significant distribution or reception within the city.
(1) Service Continuation, Notification of
Subscribers. I3efore providing cable service to any subscriber,
the franchisee shall notify the subscriber in writing that the
franchisee is making use of the public right-of-way in the city
to provide cable television services; that the use of such
rights -of -tray is in no way guaranteed; that if the continued use
of such rights-of-way are denied for any reason, the franchisee
will make every reasonable effort to provide service over alternate
routes and that the city, its officers and its employees are not
responsible in any way for any interruptions or discontinuance of
service.
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('-a) Removal of Roof Top Antennae. The franchisee
may not, as a condition of service, remove and dispose of a roof
ton antenna.
(n) Sale or Service of TV Receivers. Neither the
franchisee during the period of the franchise nor any of its
subsidiaries, parents, or affiliate companies, associations or
organizations, officers or directors or stockholders holding five
percent or more of outstanding stock of the franchisee, shall, within
the corporate limits of the city or within ten miles in any direction,
directly or indirectly engage in the retail sale, renting, leasing,
or repairing of radio or television receivers or their appurtenances.
(o) Filing Requirements. All matters required
to be filed with the city shall be filed with the city clerk
unless otherwise provided.
(p) Use by Political Candidates. The franchisee
shall provide an equal opportunity for use by local political
candidates of channels and facilities under the control of the
franchisee, in accordance with the applicable rules and regulations
of the FCC.
Sec. 17. Rights Reserved to the City; Resolution of
Disputes.
(a) no Impairment of Eminent Domain. Nothing herein
shall be construed to contract away, modify or abridge, either for a
term or in perpetuity, the city's right to eminent domain, including
the right of the city to acquire the property of the franchisee
through the exercise of the right of eminent domain, which shall not
include any amount for the franchise itself or for any of the rights
or privileges granted.
Co) Franchisee Agrees to City's Rights. The
city reserves every right and power which is required to be
reserved or provided by any ordinance of the city or other
authority, and the franchisee by its acceptance of the franchise,
agrees to be bound thereby and to comply with any action or
requirements of the city in its exercise of such rights or powers
which have been or will be enacted or established.
(c) City's Right of Intervention. The city
shall have the right to intervene and the franchisee specifically
agrees by its accentance of the franchise not to oppose such
intervention by the city in any suit or proceeding to which the
franchisee is a party.
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(d) Powers of the City. “either the granting of
any franchise nor any provision governing the franchise shall
constitute a waiver or bar to the exercise of any right or power
of the city.
(e) Resolution of Disputes and Appeal
Procedures. The city 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. The city manager is
authorized and empowered to adjust, settle, or compromise any
controversy or charge arising from the operations of a franchisee,
either on behalf of the city, or the franchisee, in the best
interest of the public. If the franchisee is dissatisfied with
the decision of the city manager, an anneal may be taken to the
City Council for hearing and final determination. The City 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 franchisee or from any provision of
this ordinance. The decision of the City Council shall be final.
(f) City's Transfer of Functions. Any right or
power conferred. or duty imposed 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.
Sec. 18. Enforcement.
(a) Failure to Enforce Provisions. The franchisee
shall not be excused from complying with any of the terms and
conciitions of the franchise by any failure of the city upon one
or more occasions to insist upon or to seek compliance with any
such terms or conditions.
(b) Contravention of Franchise. The cost of any
litigation incurred by the city to enforce this ordinance or
the franchise ordinance, or in relation to a franchise or the
revocation of a franchise, shall he reimbursed to the city by
the franchisee. Such costs shall include filing fees, costs of
depositions, discovery, and e;coert witnesses, all other
expenses of suit, and a reasonable attorney's fee.
Sec. 19. Right of Amendment'Reserved to City. The
franchisee recognizes the right of the city to make reasonable amend-
ments to this ordinance during the term of the franchise upon 60
days prior notice to the franchisee or without notice in the case
of emergency amendments.
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Sec. 20. Expiration or Revocation of Franchise.
(a) Expiration; Extended Operation. Uoon the
expiration of a franchise, the city may by resolution direct the
franchisee to operate the franchise for an extended period of not
to exceed six :months after the date of expiration. The franchisee
agrees to comply with such a direction. The city shall pay to the
franchisee any additional reasonable and necessary costs incurred
by it in operating the franchise during an extension. All
provisions of the franchise shall continue to apply to operations
during an extension period. The city shall serve Nrritten notice at
the franchisee's business office of intent to extend under this sectic
at least 30 days prior to expiration.
(b) Grounds for Revocation. The city reserves the
right to revoke any franchise in the following circumstances.
(1) If the franchisee should default in the
performance of any of its obligations under the franchise, and
shall fail to cure the default within 30 days after receipt of
written notice of the default.
(2) Ir a petition is filed by or against the
franchisee under the Thnl:ruptcy Act, or any other insolvency or
creditors' rights law, state or federal and the franchisee shall
fail to have it dismissed within 90 days.
(3) If a receiver, trustee or liquidator of
the franchisee is applied for or appointed for all or part of its
assets.
(4) If the franchisee becomes insolvent or
makes an assignment for the benefit of creditors.
(5) If any court of competent jurisdiction,
the FCC, or any state regulatory body by rule, decision, or other
action determines that any provision of the franchise is invalid
or unenforceable, in the opinion of the city all provisions of
the franchise being material and essential provisions both to
the granting and the continuance of the franchise, without which
the city would not have granted the franchise.
•
(c) Procedure Prior to Revocation. Upon the
occurrence of any of the events enumerated in this section, the
City Council may, after hearing, upon 30 days written notice to
the franchisee citing the reasons alleged to constitute cause for
revocation, find such facts and set a reasonable time in which the
franchisee must remedy the occurrence. `!ritten notice shall be
given of the decision by the Council. If the franchisee fails to
remedy within the time specified, the Council may revoke the
franchise by repeal of the ordinance. The repeal ordinance shall
he effective not more than months after its adoption.
(d) Injunctive Relief. Pending final disposition
of proceedings to revoke a franchise, or during a period of extension
of a franchise after expiration, the city may obtain injunctive relief
to obtain compliancewith the provisions of the franchise and main-
tain the continuity of service to subscribers. Such relief shall be
in addition to and not in lieu of other remedies available to the
city.
(e) Right of City to Purchase: Disposition of
Facilities. Upon expiration of the term of the franchise, or upon
revocation, or upon other termination as provided by law, or upon
receipt of application for aprroval of an assignment of the franchise
or upon change of control, as set forth in Sections 3 (e) and 3 (f);
the city shall have the right to petition the Hennepin County District
Court to acquire any part or all of the franchisee's property by
right of eminent domain as provided by Sec. 17 (a). The judgment
in favor of the franchisee in eminent domain proceedings shall be
satisfied upon payment by the city of the amount of the judgment
decreased by the amount of any damages sustained by the city in
connection with revocation or expiration inclu•'ing, without
limitation, payment made by the city to another person to operate
the broadband telecommunications network for a temporary period
after revocation. The city shall diligently pursue judicial
determination of damages to be set off against the condemnation
award.
(f) Transactions Affecting Ownership or Control
of Franchise Facilities. To protect the interests of the city
under any franchise granted pursuant to this ordinance, and in
order that the city may exercise its option to acquire the
facilities and property of the network upon expiration or
revocation of the rights and privileges of the franchisee, the
franchisee shall not make, execute or enter into any deed, deed
of trust, mortgage, contract, conditional sales contract, or any
loan, lease, ple:age, sale; pole agreement, or any other agreement
concerning any of the facilities or property, real or personal,
of the network, where such transaction would be inimical to the
rights of the city under any franchise if consummated without
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•
adherence to the provisions of Subsections (1) and (2):
(1) Without the express approval of the city,
which shall not be unreasonably withheld, and
(2) Without a written assent filed with the
city binding upon the person in whom any right, power, privilege,
duty, title, interest, claim or demand in or to the franchise or
the network is created or vested, to the effect that such right,
power, privilege, duty, title, interest, claim or demand is and
shall be held and exercised subject to all the terms and provisions
of the franchise, including this provision. The city may require
such written assent to be contained in the instrument or document
creating or vesting such right, power, privilege, duty, title,
interest, claim or demand. This subsection shall not apply to the
disposition of worn out or obsolete facilities or personal property
in the normal course of carrying on the CATV business. The City
Council shall determine what transactions may be inimical to the
rights of the city.
(g) Restoration of Property. In removing its
plants, structures and equipment, the franchisee shall refill at its
own expense, any excavation that shall be made by it and shall leave
all public ways and places in as good condition as that prevailing
prior to the company's removal of its equipment and appliances,
without affecting the electric or telephone cables, wires, or
attachments. The director of public works shall inspect and
approve the condition of the public ways and public places and
cables, wires, attachments and poles after removal. Liability
insurance and indemnity provided in Sec. 8 and the security for
performance provided in Sec. 7 shall continue in full force and
effect during the period of removal.
Sec. 21. Unauthorized Connections. It shall be unlawful
for any person to make an unauthorized connection, whether
physically electrically, acoustically, inductively or otherwise,
with any part of a franchised broadband telecommunications network
within the city for the purpose of taking or receiving television
signals, radio signals, pictures, programs, or sound.
Sec. 22. Citizens Cable Advisory Committee. There is
hereby established as an advisory committee to the city, a
Citizens Cable Advisory Board.
(a) Composition. The committee 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 committee shall be responsible.for
recommending to the City Council programs for stimulating and promoting
public interest and participation in the educational, public access
and local origination channels and shall be further responsible
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"feu' recommending procedures for the utilization of these channels.
In addition, the committee shall advise and make recommendations
as requested by the City Council on specific matters affecting
the broadband telecommunications network within the city including
its future inter -connections with surrounding communities.
•
s
Sec. 23. Applications for a Franchise. Applications
for a franchise shall be filet 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.
(h) Payment of the required filing fee
(c) tid bond in the amount of $25,000, either as
a cash deposit or as a certified check.
(d) The franchisee shall pay to the city at the
time of granting of the franchise an acceptance fee in the
sum of $25,000. This fee shall be used by the city to cover its
administrative expenses in supervising the franchise applications,
preparation of the ordinance, and supervision of the construction
and operation of the broadband telecommunications network.
(e) A general description of the apnlicant's
proposed operation, including a description of the proposed
service area.
(f) A statement of the television and radio
services proposed, including both off -the -air and locally
originated signals.
(g) A statement setting forth a description of the
television channels and programrning facilities to be made available
for public, municipal and educational usage over and above those
channels and programming facilities required to be made available
either by the FCC or the provisions of this ordinance.
(h) A statement of the applicant's proposed schedule
charges.
of
(i) A statement detailing the corporate organization of
the applicant, if any, including the names and addresses of its
officers and directors and the division of shares between
shareholders.
(j) A statement describing all intra -company relation-
ships of the applicant including parent, subsidiary or affiliated
companies.
t
(k) A statement setting forth all agreements and
understandings, whether written or oral, existing between the
applicant and any other person, firm, group or corporation with
respect to any franchise awarded and the conduct of operations
under the franchise.
(1) If applicant is a corporation, a financial state-
ment from 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 contemplated
broadband telecom=munications network.
(m) If requested by the city, suitable written evidence,
accompanied by a projected ten 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 it
is awarded a franchise.
(n) A brief technical description of the type of
electronic equipment and coaxial cable proposed for use.
(o) A statement from the applicant's senior technical
staff member or consultant, advising that he has reviewed the
applicable service standards, the network technical standards
and measurements and construction standards, and that the applicant's
planned network and operations will meet all the requirements.
(p) 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.
(q) A statement as to whether the applicant or any
of its officers or directors or holders of ten percent or
more of its voting stock has in the nast ten years been charged
with or convicted of any crime other than a routine traffic
offense and the disposition of each such case.
(r) Such supplementary, additional or other information
that the city deems reasonably necessary for its determinations.
Sec. 24. Publication Costs. The franchisee shall
assume the cost of publication of the franchise ordinance as
required by law. A bill for publication costs shall be presented
to the franchisee by the city clerk upon the franchisee's filing
of acceptance and shall be paid at that time.
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Sec. 25. Severability. ''ubject to the provisions of
Sec. 20 (a) (5), if any section, subsection, sentence, clause or
Dhrase of the franchise ordinance, or of this or -finance is
determined to be illegal, invalid, or unenforceahle 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. The invalidity of any
portion of this ordinance shall not affect any consideration or
other obligation require0 of the franchisee.
Sec. 25. Short Title. The ordinance shall be knov7n and
may be cite(' as the "Cahle Regulation Ordinance".
Sec. 2. E`f_ective sate. This ordinance Trill become effective
fifteen days after publication, exce't that Section 23 shall be
effective on October 1, 1973.
Adopted by t'.e City Council
Attest:
ity Clerk • (3.14:4#" -**-1)
AV 2 o 1973
Reviewed f Administration: Approved as to form and legality:
City • torney
- 39 -
•
•
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUISPARKSUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
ss.
County of Hennepin
J R RITCHAY, being duly sworn. on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The St Louis Park Sun and
has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least
once each week (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
blication and is not made up entirely of patents, plate matter and advertisements (4) Said
alp,
spaper is circulated in and near the municipality which it purports to serve, has at least
copies regularly delivered to paying subscribers, has an average of at least 75% of its total
iiiscirculation currently paid or no more than three months in arrears and has entry as second-class
atter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park
the County of Hennepin and it has its known office of issue in the City of Bloomington in
said county, established and open during its regular business hours for the gathermg of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer or
persons in its employ and subject to his direction and control during all such regular business
hours and devoted exclusively during such regular business hours to the business of the news-
paper and business related thereto (6) Said newspaper files a copy of each issue immediately
with the State Historical Society (7) Said newspaper has complied with all the foregoing
conditions for at least two years preceding the day or dates of publication mentioned below
(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1968
and each January 1 thereafter an affidavit m the form prescribed by the Secretary of State
and signed by the publisher of said newspaper and sworn to before a notary public stating that
the newspaper is a legal newspaper.
He further states on oath that the printed Ordinance No. 1236
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for On® successive weeks,
that it was first so published on Th11re the
23 day of August 19_13
and was thereafter printed and published on every to and including
4111 the day of 19 and that the following is a printed copy
the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
., size and kind of type used in the composition and publication of said notice, to -wit.
abcdefghijklmnopqrstuvwxyz
abcdefghilklmnopgrstuvwxyz
Subscribed and sworn to before me this
23
M Vest, No
Commission �SPublic, Hennepin County, Minn
ires April 18th, 1979
day of
August
19_ 73
(Whew! Publication,
ORDINANCE NO 1236
AN ORDINANCE GRANTING A FRAN-
CHISE TO WARNER CABLE COMPANY
OF ST LOUIS PARK, A MINNESOTA '
PARTNERSHIP, ITS SUCCESSORS
AND ASSIGNS, TO CONSTRUCT, OP-
ERATE, AND MAINTAIN IN THE CITY
OF ST LOUiS PARK A BROADBAND
TELECOMMUNICATIONS NETWORK
FOR THE TRANSMISSION OF CATV
AND OTHER SERVICES, ELECTRICAL
IMPULSES OF TELEVISION, RADIO
AND OTHER INTELLIGENCES, EI-
THER ANALOG OR DIGITAL, FOR
SALE OR USE BY INHABITANTS OF
THE CITY OF ST LOUIS PARK, IN-
CLUDING NECESSARY POLES, POLE
LINES, FIXTURES AND APPURTE-
NANCES, AND TO USE THE STREETS,
ALLEYS, PUBLIC WAYS AND PUBLIC
GROUNDS OF THE CITE( FOR THESE
PURPOSES, PRESCRIBING CERTAIN
TERMS AND CONDITIONS
THE CITY COUNCIL OF ST LOUiS
PARK ORDAINS
Section 1 Purposes. The City has deter-
mined that it is desirable and to the ad-
vantage of the citizens of SL Louis Park
to grant a broadband telecommunications
network franchise During the course of
prolonged investigation and extended
public heanngs, the City Council has con-
sidered the needs of the city and the ex-
penence, capability, quahfications, char-
acter and reputation of the vanous apph-
cants, as well as the adequacy and feasi-
bility of their construction arrangements
, and their plans for programming. As a
result, the City Council finds it is in the
pubhc interest to grant a franchise td the
company
Sec 2 Grant of Franchise Pursuant to
the provisions of Ordinance No 1197 and
pursuant to the charter of the city of St.
Lotus Park, a non-exclusive francluse is
granted to Warner Cable Company of St.
Louis Park for the right and privilege of
constructing, operating and maintaining
in, on, over, under and across the streets,
alleys, sidewalks, driveways and pubhc
grounds and places of the city a broad-
band telecommunications network, in -
chiding all,poles, pole Lines, conduits, fix-
tures'aid -appurtenances; for the purpose
of the transmisluSirdE CATV and other
services electrical impulses of televi-
sion:radio and other intelligences, either
analog or d e»=1 and for pnvale and pub-
lic use in add collie city and its residents
The termsuifthis,franeWce shall include
the provisions of Ordinancla 1197, as
amended, '=Jin Ordinance Setting Forth
Terms and Contitioas for the Instalation,
Maintenance and Operation of a Broad- ,
band Tele=communications Network
1 BTN i for the Transmission of CATV and
Other Intelligences, Either Analog or
Digital, for Sale or Use by inhabitants of
the City of Si Lotus Park, Minnesota "
Sec 3 Incorporaiioo of Proposals of
the Company The Company adopts as a
part of its application and proposal for a
broadband telecommunications network
franchise the contents of all documents
that have been submitted to the city by
Warner Cable Corporation, a New,York 1
corporation, Cypress Communications
Corporation, Northeast Minnesota Cable
Company, or their officers, directors o -
agents, relating to the application for a—.
broadband telecommunications network
franchise All offers of or ' Jpresentations 1
as to facilities, service and similar mat-
ters contained in the application and pro-
posal of the company, except as inconsist-
ent with law or ordinance, are incorporat-
ed into this ordinance by reference and
made a part of the franchise The apphca- �
tion and proposal of the company consists
of the following documents
a A proposal to provide communi-
ty antenna television service 10 the
City of SL Louis Park Minnesota
presented by Cypress Communica-
tions Corp. dated October 12, 1971,
signed by Jerry Pohnsky
b Letter to Assistant to City Man-
ager, dated December 20, 1971,
signed by Marc B Nathanson Direc-
tor
irerfor of Corporate Development
c Transcript of CATV interview
on January 22, 1972 (present Marc
Nathanson, Martin Blatt, Jerry Po-
Linsky, Burt Hams, George Mehan i
d Memorandum to City of St
Louis Park from Martin Blatt,
attorney for Cypress Communica-
tions Corporation dated April 27,
1972
e Local programming for City of
St Lotus Park Part 1 - Program
• Opportunities for CATV, Part 11 -
Nation-wide examples of current
Cypress programs, Part III - current
proposal - with letter of July 7, 1972,
John Calvetti
f Amendments to A Proposal to
Provide Antenna Television Service
to the City of Si Lotus Park. Minne-
sota by Cypress Communications
Corporation and Northeast Minneso-
, to Cable Company, dated August 2,
1972 signed by Burt 1 Harris.
g Engineering statement dated
1 August 3, 1972 by Theodore J Swan-
son Vice'Prestdent of Engineering,
Cypress Communications Corpora-
tion
h Letter to City -Manager dated
September 12 1972 signed by Harvey
L Simpson
i Letter to City Manager dated
September 12 1972 signed by Marc B
Nathanson
t 1 Letter to Assistant to the City
1 Manager dated October 2,1972 signed
1 by Marc B Nathanson
k Letter 10 'City' Manager dated
January 22, 1973,a ed by Marc B
Nathauson.t ri!io it
1 Commentf oil iocaIiorigination,
SL Louis•Airirierdinafiea i no date i
made bv!J01in 1L4 SlLetti Vice Pres-
ident-Programifiing',Cypress Com-
municationsCorp -
m Comments on technical specif1-
I cations St Lotus Park Ordinance
Ino dates by Theodore J Swanson
Vice President - Engineering Cv-
F- press Communications Corp
n Drawing of the proposed office
and studios, Cypress SL Lotus Park
Cable TV sysl®i (no date)
o Supplemental information by
Cypress Communications Corp and
Northeast Minnesota Cable Company
Ino date l
p Programming Activities of Cy-
press Communications Corporation
With respect to the cablecasung fund to
be used for community programming, the
company will pay to the city the sum of
910,000 during the first year after the
commencement of service it is intended
that the amount of this fund shall grow
over the duration of the franchise and
remain in proportion to the amount paid
in the first year The city and the franchi-
see will confer at the end of the first and
each subsequent year to review such fac-
tors as inflation, growth in the number of
subscribers and growth in income, and
shall determine the amount of the cable -
casting fund for the following year
Sec 4 Commencement of Service The
franchisee shall commence service, as
defined in Ordinance No 1197, as amend-
ed, when full network service is available
to at least 4,500 subscribers in the City of
Si Louis Park, including multiple dwell-
ings
Sec 5. Guaranty of Acceptance. This
franchise is issued to the company on the
express condition that its acceptance of
the franchise will include an uncondition-
al guarantee by Warner Cable Corpora-
tion, a New York corporation, of the faith-
ful performance by the company of all the
terms and conditions of the franchise
Sec 6 Effective Date This ordinance
shall take effect fifteen days after its pub-
lication
Adopted by the City Council August 23,
1973
s' FRANK J PUC(',
Mayor
Attest
s EARL E HANSON
City Clerk
Reviewed for administration
s CHR ISCNERCHES
City Manager
Approved as to form and legality
s WAYNE POPHAM
City Attorney
(Aug 23, 19731—SLP
•1•
Nle No
Affidavit of Publication
ST. LOUISPARK,, UN
St. Louis Park, Minnesota
In The Matter Of
been 1114
has „fuJ
EngIis]
space
once ea
ant&rest
publication;
1lewspaper,
b00 copies ere Sar1y de11v;dred to.; paying subscribers, has an average of,: at least 75,% of its total
.- -"circulation C rently paid -or na--more, han three months in arrears and has entry as
'ter ,in its local post -office. (5)) Said ewspaper.purports to serve the City of St. Louis: Park
e ,County;4of Hennepin and it has its known office of issue in the City of 'Bloomington in 'Tsafd" countyk; 1ishedh;and open during its regular business hours for the gathering of'`:news '
sale of advertisements and sale of subscriptions and maintained by the managing officer • or
persons::ins it$ eri7Vlo ' ail d4:subject to his direction and control during all such, regular business
hours .and devoted' exclusively during such regular business . hours to the business- of the news
paper anO' bi'sir ens related thereto.' (6) Said newspaper files a copy of each 'issue immediately
with., the,_,SSf ter',iistorical: Society. (7) Said newspaper has complied with all the foregoing
condi -io'ns Ifo ate least 'tw'o year" preceding. `the -day or --'dates: of, publication lnentloned 'below.
(8) Said.newspaper has.filed wi the Secretary of State: of Mi `�` 'esota rior January 1;;.1968:
and eac i Tamiai y 1 thereafter { `n affidavit in the form' prescribed by the SecretaryStateoil `
and=si`ned lid the a `li`sher of " t
� y p b , said newspaper and sworn to before a notary. public stating that
the newspaptr' is a ,legal newspaper.
Yeing duly'. swprn,. on ;oath says 1}e ;is and' during all time here stated has
nt'and .printer' of the °new'spaper known as The St. Louis Park Sun and.
' i he facts .herein 'stated' `as follows; (1) Said newsp'aper is printed in the
+newspaper -format and in column -and sheet form equivalent. in printed
square inches (2) Said ne vspaper.is. a weekly and is distributed at least
(3t'Said newspaper- has 50% •of its news columns devoted to news of local
community which it .purports to' serve and: does not wholly duplicate any- other
•made up entirely Of patents ,plate,matter and advertisements. (4). Said
ed ,in and: near the miulicipality„ .which it purports to serve, has -'at least
ofsY• new'spaperr a
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public notices
(Official Publication)
ORDINANCE NO. 1235
AN. ORDINANCE AMENDINC ORDI
NANCE NO. 1197, SETTING FORTH
`.. - TERMS. AND CONDITIONS FOR THE
INSTALLATION, MAINTENANCE AND
OPERATION OF A BROADBAND
TELECOMMUNICATIONS NETWORK
(BTN) FOR THE TRANSMISSION OF
CATV AND OTHER SERVICES, ELEC-
TRICAL IMPULSES OF TELEVISION,
RADIO AND OTHER INTELLIGENCES,.
EITHER ANALOG OR DIGITAL, FOR
SALE TO OR USE BY INHABITANTS
OF THE CITY; SETTING FORTH
TERMS AND. CONDITIONS; PROVID-
ING FOR CITY REGULATION; ESTAB-
LISHING A CITIZENS CABLE ADVI-
SORY COMMITTEE.
THE CITY COUNCIL OF THE CiTY
OF ST. LOUIS PARK ORDAINS:
Section 1. Ordinance No. 1197 is amend-
ed to read as follows:
Sec. 1. Definitions. In this ordinance
the following terms, phrases, words, and
their derivatives have the meanings giv-
en. When not inconsistent with the con-
text, words used in the present tense in-
clude the future, words in the plural num-
ber include the, singular number, and
wordsin the singularnumber include the
plural number. The word "shall" is al-
ways mandatory and not merely directo-
ry-
(a) "City" means the City of St. Louis
Park.
(b) "Council" means the City Council
of the City of St. Louis Park.
(c) "Person" means any person, firm,
partnership, association, corporation,
company or organization.
(d) "Public agency" means any gov-
ernmental unit or political subdivision of
the state of Minnesota, including school
districts and other special purpose gov-
ernmental bodies.
le) "Non-profit agency" means any
non-profit corporation or association,
charitable organization, or otherorgani-
zation not operated for profit.
If "Subscriber''- means any person
who receives service from a franchisee.
(g) "CATV System". or ''broadband
telecommunications network" means any
wires, wave guides or other conductors,
equipment or facilities designated, con-
structed or used for the purpose of trans-
mission of electrical impulses of televi-
ion, radio and other signals either analog
or digital, directly Or indirectly for sale
or use by inhabitants of the city. :•
Ih) "Installation" means the fixing for
use or the putting in place in a room of the
equipment necessary for reception of sig-
nals from the CATV system, exclusive of
a television or radio receiver.
1i) "Gross subscriber revenue" means
all revenue received by the franchisee, its
affiliates,parent organization, orsubsidi-
aries, inconnection with the operation of
the broadband: telecommunications net-
work within the corporate limits of the
city, including but not limited to:recefpts
from service charges, installation and
disconnect charges, advertising, channel '.
leasing„ data, transmission), gen-grogram:
charges, and rental 'income `from 'use ' of
facilities.
(j l "Duplex network" means a two-
way communications network consisting
of coaxial cables and amplifiers which
can carry signals in two directions.
(kl'"Dual cable network" means a
network consistingofsimultaneously in-
stalled duplicate trunk and distribution
coaxial cables, each capable of two-way
communications, fastened together or.
otherwise connected and used for trans-
mission and distribution of both digital
and analog signals, including both televi-
sion and radio.. •
i1) "Shadow cables" mean the second
cables in a "dual cable network." and
means theabsence of all associated elec-
tronic equipment and the second drop
cables to subscribers required to activate
and place into service the second cables
of the "dual cable network".
Im) "Pay TV" means origination or
access cablecasting operations for which.
a per -program or per -channel charge is
made to subscribers.
I n) "Commencement of service" oc-
curs when sufficient distribution facilities
have been placed in use to offer "full net-
work service" to at least the number of
subscribers specified in the franchise or-
dinance. '
' (o) ''Full network service" means sub-
scriber
ubscriberservices provided by the -franchi-
see, including both the deliveryof broad-
matt- signals and programming originated
over the cable system, covered by the
regular monthly charge paid by all sub-
scribers, and also subscriber services
provided by the franchisee for which a
special charge made based on program
orservice content or time of usage.
( p1 "Franchise" means the incorporat-
ed terms of the franchise, franchise ordi-
nance and acceptance agreement and all
rights, powers, duties, obligations, and
privileges under them.
)q) Franchise ordinance" means the
separate ordinance by which the fran-
chise is granted to the franchisee.
Irl ':'Franchisee" means all persons
including, but not limited to, subsidiaries,
- - parents, or affiliatecompanies, associa-
tions or organizations having any rights,
powers, priviteges, duties, liabilities or
obligations, under this ordinance, and
under the franchise ordinance, collective-
ly called the "Franchise•', and also in-
cludes alt persons having or claimingany
title to or interestin the system, whether
by reason of the franchiseitself directly.
or by interestin a subsidiary; parent, or
affiliate company, association or organi-
zation or by any subcontract, transfer,
assignment, mortgage securityagree-
ment, management agreement, or oper-
ating agreement, or whether otherwise
arising or. created.
Sec. 2. Franchise Required. After the
effective date of this ordinance, no person
shall establish, operate orcarry on the
business of distributing to any person in
the city any television signals, or radio
signals or other intelligences, either ana-
log or digital, by means of a broadband
telecommunications network unless a
franchise has first been obtained pursuant
to the provisions of this ordinance, and
unless such franchise is :in full force and
effect. No person shall 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 on any:. tentative
subdivision map approved by the city, any:,
equipment or facilities for distributing
any television signals or radio signals or
other intelligences either analog or digi-
tal over a broadband telecommunications
network unless a franchise authorizing
the useof the streets or properties or
areas has first been obtained pursuant to
the provisions of this ordinance,and un-
less such franchise is in full force and et -
Sec. 3. Significance of Franchise, Limi-
tations.
tai Authority Granted. A franchise to
Construct,operate, and maintain a broad-
band telecommunications network within
the city shall be governed by the terms
and conditions of his ordinance. A fran-
chise grants
ranchisegrants to the holder a nonexclusive
right to construct, operate and maintain a
broadband telecommunications network
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
and additions to thesystem. Upon the
annexation of any. territory to the city,
other than throure a governmental con-
solidation process, -as to which the city
makes no agreement, the franchise shall
extend to the ter&cry so annexed; and all
facilities owned, wtiaintained or operated
by the franchisee (orated within,under or.
over streets of the territory so annexed
shall thereafter he subject to the fran-
chise. -
(b) Pole Space Obligation. A franchise
shall not relieve the franchisee of any ob-
ligation to obtain pole space from any
department of thecity, a utility company,
or from others iriaintainine poles in the
streets.
(c) Privileges Must Be Specified. No,
privilege or exemption shall be inferred
from the granting of any franchise unless
it is specifically prescribed. Nothing in
this ordinance shall be deemed to require
the granting of a: franchise when in the
opinion of the Connell it would not be in
the public interest to do so.
id) Privileges Subordinate. Any privi-
lege claimed under a franchise in any
street or other pantie property shall be
subordinate to aqy lawful occupancy of
the street or other( public property or to
any present or future improvements such
as sidewalks and roadway widening.
le) Consent ie.Transfer. A franchise
shall be a privilege to be held' in personal
trust by the original recipient. It cannot
be sold, transferred, leased, assigned, or
dispesed`of, in whole or in part, either by.
forced or involuntary sale, merger, con-
solidation or othe wise, without the prior
consent of the Cd�j+.nwcil expressed by reso-
lution and then on under such conditions
y c h s
as may be prescribed. Any request for a
transfer or assignment shall be made in
writing and filed in the office of the city
clerk at least 30.d sprior to the approval
Y
of any'transfer' _ ` assignment. as t. royal
� g APP
of a transfer or assignment will not be
unreasonably withheld by the city.
(1) Change of Control of Franchisee.
Prior approval of the City Council shall be
reouired where ownership or control of
more than 30% of the right of control of
the franchisee, of of a partner in a part-
nership bolding a franchise, is acquired in "
any manner by a person or group of per-
sons acting in concert, none of whom al-
ready own or control 30% or more of such
right of control, ' tgularly or collectively.
By its acceptance^ of this franchise, the
franchisee and aby partners of a franchi-
see specifically .ei ant and agree that any
sax& airapinition occuring without prior
approval of the City Council shall consti-
tute a violation offhis franchise.
)g1 Previous' Rights Abandoned. A
franchise shalt he in lieu of any and all
other rights, priyiteges, powers, immuni-
ties, and authorities owned; possessed,
controlled, or exercisable by a franchisee
or any successor pertaining to the con-
struction, operation, or maintenance of a
cable communications system in the city.
The acceptance of a franchise shall oper-
ate, as between franchisee and the city,
as an abandonment of any and all of such
rights, privileges," powers, 'immunities,
and authorities within the city. All con-
struction, operation and maintenance by
the franchisee of any cable system in the
city shall be under the franchise and not
under any other right, privilege; power,
immunity, or authority.
(h) Subject to Other Rules and Regula-
tions. Any franchise shall be subject to all
applicable rules and regulations of the
FCC and of any State agency having juris-
diction over the operations of the franchi-
see. In the eveni}that the FCC or any state
agency having jurisdiction should modify
their rules and regulations relating to
local regulatory relationships, the city
will amend this ordinance within six
months of the effective date of the modifi-
cation,
to be *conformance with the
modification.
Sec. 4. Duration of Franchise. Upon fil-
ing of the proper acceptance by the fran-
chisee, the bond -and the required insur-
ance, the franchise shall take effect as of
the effective date of the franchise ordi-
nance and shall continue in full force and
effect for a tern) of15 years.
Sec. 5. Acceptance.
(a) ProcedOre. :a frochise shall be
unconditionally ecceptedpby the franchi-
see by written instrument executed 'and
acknowledged by the franchisee and filed
with the city clerk within 20 days after the'.
granting of a franchise. The written in-
strument :shall express the unqualified
acceptance of the franchise and its terms,
conditions, and provisions. The franchi-
see shall agree,* the instrument to abide
by, to observe and perform it, and shall
declare that its statements and recitals
are correct and that the franchisee has
made and doe$ make the agreements,
statements and admissions recited in the
franchise.
lb)`Franchisae to Have No Recourse.
Except as expressly provided in this fran-
chise, the franchiseeshall have no re-
course against the for any loss, cost,
expense or damage arising out of the pro-
visions or requirements of this franchise
or because of the enforcement of the
terms of the franchise by the city nor for
thefailure of the city.to have the authori-
ty to grant all or any part of this fran-
chise.
(c) Acceptance of Power and Authori-
ty of City. The franchisee expressly ac-
knowledges that in accepting, this fran
chise,it has relied upon its own investiga-
tion and understanding of the power and
authority of the city to grant this fran-
chise.
Id) Inducements Not Offered. The
franchiseeby acceptance- of this fran-
chise acknowledges that it not been
induced to eaten into this franchise by any
understanding or promise or other state-
ment, whether verbal or written; by or on
behalf of : the city concerning any term or
condition of this franchise that is not in-
cluded in this ordinance.
(e) Franchisee' Accepts Terms of
Franchise. The. franchisee acknowledges
by the acceptance of this franchise that it
has carefully read its terms and condi-
tions and it is willingto and does accept
all of the risks of the meaning of such
erms and conditions.
Sec. 6. Franchise Payment.
(a) Payment *0 the City. A franchisee'
shall pay to the city an annual franchise ".
fee in an amount equal to five percent of
the annual gross subscriber revenues re- '
ceived by the franchisee for services pro-
vided within the city for the use of the
sit, ants and ether fatalities of the city in
the operation of the broadband telecom-
munications network and for municipal
supervision.
(b) Method of Computation; Interest.
Bales taxes or other taxes levied directly
on a per -subscription basis and collected
by the franchisee shall be' deducted from
the local gross operating revenues before
computation of sums due the city is made.
The franchise payment shall be in addi-
tion to any other payment owed to the city
by the franchisee. Payments due the city
under the terms of this ordinance shall be
computed quarterly as of September 30,
December 31, March 31, and June 30 for
the preceding quarter and shall be paid on
or before the thirtieth calendar day from
each saidcomputation date at the.. office
of the city treasurer during his regular
business hours. The payments shall begin
as of the effective date of the franchise
and the initial payment shall be due on the
date of the first quarterly payment occur-
ring
ccurring more than 90 days after thefranchi-
see commences service. The city shall be
furnished a statement with each pay-
ment, certified as correct by the franchi-
see reflecting the total amounts of gross
subscriber revenues, and the above
charges, deductions and computations,
for the three months' payment period
covered by the payment. Once each year
the franchisee shall furnish the city with
statement by a certified public accoun-
tant reflecting the total amount of gross
subscriber revenue and thecalculation of
the payments due to thecity.
In the event that any payment is not
made as required, interest on the amount
due, as determined from the gross operat-
ing receipts computed by a public accoun-
tant, shall accrue from that date at the.
annual rate of 12 percent. The amounts
designated in this section may be amend-
ed no more than..once each year by the
City Council, consistent with increased
costs for municipal facilities and supervi-
sion.
(c) Rights of Recomputation. No ac-
ceptance of any payment shall be con-
strued as a release or as an accord and
satisfaction of any claim the city may
have for further or additional sums paya-
ble as a franchise fee under this ordi-
nance or for the performance of any other.
obligation.`
Sec. 7. Security for Performance.
(a) Performance Bond. The franchisee
shall, concurrently with its acceptance of
this franchise, file with the city and at all
times thereafter maintain in full force
and effect for the term of this franchise
or any renewal, at franchisee's sole ex-
pense, a corporate surety bond in a re-
sponsible company licensed to do busi-
ness in the state of Minnesota in the
amount of $300,000 renewable annually,
and conditioned upon the faithful perfor-
mance of franchisee, and upon the further
condition that in the event franchisee
shall fail to comply with any law, ordi-
nance or regulation governing the fran-
chise, thele shall he remoor/ Lily
and severally from the principal and sure-
ty of the bond any damages or loss suf-
fered by the city as a result, including the
full amount of any cbmpensation, indem-
nification, or cost of removal or abandon-
ment or any property of the franchisee,
plus a reasonable allowance for attor-
neys' fees
ttorneys'fees and costs, up to the full amount
of the bond, this condition to be a continu-
ing obligation for the duration of the fran-
chise and any renewal and until the fran-
chisee has liquidated all of its obligations
with the citythat may arise from the ac-
ceptance of this franchisee or renewal by
the franchisee or from its exercise of any
privilege or right granted by the fran-
chise. The bond shall provide that at least
30 days' prior written notice of either in-
tention not to renew, cancellation or ma-
terial change in the bond shall be given to
the city by filing the same with the city
clerk. Notwithstanding above provisions
of this subsection, the City Council may in
its sole discretion waive the bond or re-
duce the required amount after five years
of operation of a system under the fran-
chise, by the franchisee, ''.s successors or
assigns, which, in the sole opinion of the
City Council has been satisfactory.
(b) Delays in Performance. The bond
required in this section shall provide that
with 15 days prior written notice to the
franchisee, the city may recover against
the surety the sums provided for failure
to complete construction in accordance
with any provision. of Sec. 13, System In-
stallation Schedule.
(c) Rights Reserved to City. The rights
reserved by the city with respect to the
bond are in addition to allother: rights the
city may have under this ordinance or any
other law.
Sec. 8. Liability Insurance and Indem-
nification. ...
(a) Public Liability Insurance.
(1)A.franchisee shall immediately.
upon the award of a franchise, furnish to
the city, and atall times during the exist-
ence.ofthe franchise, maintain in full:
force; and effect, at its own cost and ex-
pense, the following insurance:
(a) for claims arising under any work-
men's compensation, employees liability,
or any similar employee benefit acts:
(b) for claims because of bodily injury,
sickness, disease or death of any person
or persons other than the .franchisee's
employees, and for claims of damage to
or destruction of property of others in-
cluding loss of use.
(2) Such insurance shall be written for
amounts not less than the following as
respect subparagraph (a) above:
Workmen's compensation — statu-
tory;
Employee's liability—$100,000
each occurrence.
and as respects subparagraph (b) above:
Bodily injury and property damage
with a combined single limit of liabil-
ity of — $1,000,000 each occurrence.
: or bodily injury General and automobile $5,-
000,000 each person;
General and automobile — $1,-
000,000 each occurrence.
property damage
General and automobile -: $500,000
each occurrence;
General 15,000,000 aggregate.
(3) Theinsurance referred to in sub-
paragraph
ubparagraph (b) above shall be written un-
der the comprehensive general and com-
prehensive automobile
omprehensiveautomobile liability policy
forms, including coverage for all owned,
hired, and non -owned automobiles. The
franchisee may at its option provide the
limits of liability as set out above by a
combination of the above described policy
forms, and an umbrellaexcess liability
policy.
(4) The policy or policies shall afford
the same limits of .liability as set out :.
above for liability assumed under con-
tract.
(5) All responsibility for payment of
Page 48 - MIDWEEK SUN',— Thurs., Aug. 23, 1973.
;..? i,f;1
any sums resulting fro* any deductible
provision, corridor, or self-insured reten-
tion conditions of the policy or policies
shall remain with the franchisee.
(6) The policy or policies shall waive
any and all governmental immunity as a
defense in any action brought against the
insured.
17) Approval of the insurance by the
city shall not in any way relieve or de
crease the liability of the franchisee, and
it is expressly understoodthat the city
does not in any way represent that the
above specified insurance or limits of lia-
bility are sufficient or adequate to protect
the franchisee's interest or liabilities.
(8) Evidenceof the above insurance in
the form of insurance certificatesshall be
furnished the city clerk by the franchisee.
H there are special limitations on the in-
surance policy, then a copy of the policy
exclusions must be submitted with the
insurance certificate.Proof of insurance
shall be submitted directly to the city
clerk for review and approval by the city
attorney. The franchisee shall not begin.
anyactivities until the city has reviewed
and approved the insurance certificates
andhasso notified the franchisee directly
in writing.
(9) The policies shall name the city, its
officers, boards, commissions, " agents,
employees and appointees as additional
insureds and shall contain a provision that
a written notice of cancellation or reduc-
tion in coverage of the policy shall be de-
livered tothe city 30 days in advance of
the effective date. H. the insurance is pro-
vided by a policy which also covers the.
franchisee oranyother entity or person
other than those above named then the
policy shall contain an endorsement con-
cerning grossliability, which shall be
subject to approval by the cityattorney.
(b) Review of Coverage. The city shall`
annually review the above insurance pro-
visions; and, ifit is determined that the
insurance coverage is inadequate, addi-
tional insurance may be required as is:.
reasonably determined by the city and
shall be provided by the franchisee.
( c ) Indemnification. ,The franchisee
shall indemnify .and holdharmless the
city and, its agents and employees from
and against all claims, damages, losses
and expenses, including attorneys' fees,
which they may suffer or for which they
may be held liable - arisingout of or re-
sulting from the assertion against them of
any claims, debts or obligations in conse-
quence of the granting of the franchise by
thecity or theoperation of the system by:.
the franchisee, its employees, agents, or
subcontractors. The city disclaims all
liability arising out of the utilization of
the public access channel and the franchi,
see agrees to indemnify and hold the city
harmless for any damage that may result
from such a claim.
Sec. 9. System Capability; Facilities.
(a System Channel Carriage Capabilt
ty. The franchisee shall install a "dual:
cable network" having a minimum band-
width capability of five to 300 MHz. At the
option of the franchisee, the second ca-
bles may be "shadow cables." Whenever
a reverse or feedback circuit is routed,
througha subscriber's premises, it shall
be connected so as to permit subscriber
notification and deactivation.
(b) Reverse Signal Capability (Duplex
Network). The franchisee shall provide in
the original construction a duplex net-
work capable of reverse direction signals
from all drops. This carriage capability
shall be at least in accordance with the
requirements of the Federal Communica
tions Commission's :3rd Report and Or..
der.
(c) Designated Service. Districts. The
a franchisee shall design and construct the
system in a hub configuration so as to
permit the discrete distribution of Class
II, Class III,: and Class IV cable television
channelswithin atleast five designated
service districts; the boundaries on which
shall be approved by the City Council.
(d) Upgrading of Facilities„Equipment
and Service. The franchisee shall upgrade
its facilities, equipment and service so
that its network is as advanced as the
current state of technology with field -
proven equipment will allow. Failure of
the franchisee to install additional chan-
nel capacity
han-nel-capacity as required by the Federal
Communications Commission shall be a
breach of the franchise ordinance-
. (e) Emergency Power. When, in the
opinion of the city, it becomes economi
catty and technically feasible, the fran-
chisee shall provide emergency and auto-
matic standby powerfor the studio, head-
end and trunklines that will enable emer-
gency use of the facilities as provided in
subsection (g) of this section.
(1) Business Office- The franchisee
shall maintain an office in the City at a
location convenient to the public.
(g) Emergency Capability and Use:
The franchisee shall, in the case of any
emergency or disaster, make its entire
system available without charge to the
city orto any other governmental or civil
defense agency that the city shall desig-
nate. The
esignate.The franchisee shall incorporate
into itsfacilities 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 simul-
taneously.The franchisee shall provide in
a location to be designated by the city, all
equipment necessary for use of the emer-
gency alert system.
(h) Studio Facilities; Personnel.
(1) The franchisee shall provide a full
color capable studio within St. Louis
Park. Thisstudio shall be constructed to
enable preparation and playback of simul-
taneous live and/or taped or filmed pro-
gramming inseparate: facilities within
the studio and that at least one studio
shall provide for audience participation.
A franchisee's plans for its business of-
fice and cotor studio to be constructed
within the city shall be submitted to the
city for approval. These plans shall in-
clude such items as studio size, accessi
bility to the public, type of facilities,
hours of operation and estimated con-
struction time.
(2) The franchisee shall provide a color
capable mobile origination facility, sub-
ject to
ubjectto approval of the city, with capabili-
ty for preparation and playback of either
live or taped programming for use within
the city.',...
(3 ( The franchisee shall, upon request
and at no charge provide the production
facilities and personnel reasonably neces-
sary to assistin the preparation and
transmission of governmental and educa-
tional programs.
(f) Continuous Operation. The network
shall be designed and rated. for 24 -hour -a -
day continuous operation.
(j) Computer Access. The franchisee
shall, when it becomes technically and.
economically viable, provide computer
access to all subscribers.
Sec. 10. Quality of Reception; Techni-
cal Standards- The broadband telecom-
munications network shall meet the fol-
lowing standards, subject to future
modification by the city including modi-
fication by standards adopted by the Fed-
eral Communications Commission that
are more stringent than those established
by the city. •
(a) Quality of Reception. The network
shall produce a picture upon any subscri-
ber's television screen inblack and white
or color .(provided the subscriber's televi-
sion set is” capable of producing a color.
picture) that is undistorted and reasona-
bly free from
easona-blyfreefrom ghost images, without vis-
ual material degradation in quality within
the .limitations imposed by thetechnicalL.
state of the art, provided that the subscri-
ber's television receiver is in good repair
and -properly adjusted. The network shall
transmit or distribute signals of adequate
strength to produce good pictures with
good sound to all subscribers having tele-
vision receivers in
ele-visionreceiversin good repair, without
causing objectionable cross -modulation
in the cables or interfering with other
electrical orelectronic networks or with
the reception of other television or radio
receivers in the area not connected to the
network.
(b) Technical Definitions.
(1) "Cable television channel" means a
frequency band 6MHz in width within
which a standardtelevision broadcast
signal is delivered by cable to a subscri-
ber terminal.
(2) "Class I cable television channel"
means a signaling path provided by a ca-
ble:television system to relay to subscri-
ber terminals television broadcast pro-
grams that are received off -the -air or
that are obtained by microwaveor by di-
rect connection to a television broadcast.
station. -
(3) "Class II cable, television channel"
means a signaling path provided by a ca-
ble television system to deliver to sub-
scriber
ubscriber terminals television signals that
are intended for reception, by a: television
broadcast receiver without theuse of an
auxiliary decoding device and which are
not involved in a broadcast transmission
path.
(4) "Class III cable television channel"
means a signaling path providedby a ca-
ble television . system to deliver to sub-
scriber terminals
ubscriberterminals signals that are intend-
ed 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"
means a signaling path provided by a ca-
ble television system to transmit signals
of anytype from a subscriber terminal to
another point in the cable television sys-
(6) "Channelfrequency response"
means within a cable television channel,
the relationship as measured at a subscri-
ber terminal between amplitude and fre-
quency of a constant -amplitude input sig -
(7) "Network noise" means undesired
and/or fluctuating disturbances within a
cable television 'channel, :exclusive of
undesired signals of discreet frequency,
which degrade the reproduction of the
desired signal and which are due to modu-
lation processes, thermal effects and oth-
er noise producing effects, not including
hum Network noise is specifiedin terms
of its rms voltage or its mean power level
as measured in a 4 MHz bandwidth be-
tween 1.25 and 5.25 MHz above the lower
channelboundary of a broadband tele-
communications network.
(8) "Subscriber terminal" means the
broadband telecommunications network
75 ohm cable terminal to whichthesub-
scriber's
ubscriber's equipment is connected. Sepa-
rate terminals may be provided for deliv-
ery of cable television signals, FM broad
cast or other signals of differing classifi-
cations. '
(9) "Terminal isolation" means at any
subscriber terminal, the attenuation be-
tween that terminal and any other sub-
scriber terminal in that network.
(10) "Visual signal levelmeans the
rms voltage produced by the visual signal
during the transmission of synchronizing.
pulses.
(11) "BTN network channel capacity"
means highest total number of cable tele-
vision channels on which television sig-
nals from separate sources may be deliv-
ered downstream simultaneously to every
subscriber in the network. Thenetwork
may have additional channel capacity for
specialized or discrete purposes, but the
technical performance specified shall not
be materially degraded as a result.
(c) Technical Standards. The following
requirements applyto the broadband tele-
communications network performance
for Class I, Class II and 6 MHz. Discrete
Video Cable Television Channels, as mea-
sured at any equivalent subscriber termi-
nal with a matched termination. They
also apply to each of the cabletelevision
channels in which signals picked off -air
are deiivered to the terminals. The
measurements shall not include the re-
ceiver converter if such is required at the
subscriber's receiver for any of the chan-
nels of required carriage.
(1) The frequency boundaries of cable
television channels delivered to subscri-
ber 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 that it is technically feasible.
(2) The frequency of the visual carriers
shall be maintained L25 MHz P25 KHz
above the lower boundary of the cable:
television channel, upto the receiving
terminals, exclusiveof any receiver at-
tachments, such as channel. converters
except, for the local VHF channels which
shall he carried synchronously to the ex
tent it is technically feasible.
(3) The frequency of the aural carrier
shall be 4-5 MHz + 1 KHz above the fre-
quency 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 pic-
ture carrier frequency on each channel
shall - not be less. than 1000 UV
(microvolts) across a 75 ohms terminat
ing impedance andshall be maintained
within the following limitsover the entire
ambient temperature range of -40 degrees
F to plus 120 degrees F and with varia-
tions 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 chan-
nel, 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 sig-
nal level.
(6) The peak -to -peak variation in visual
signal level caused by undesired low fre-
quency disturbances (hum or repetitive
transients) generated within the system
or by inadequate low frequency response
shall not exceed 3% 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 sig-
nal operating on a proper offset assign-
ment 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.. subscri-
bers within the Grade B contour for that
signal, or
(b) each signal which is first picked up
within its predicted Grade B contour, or ..
(c) any local origination channel.
(8) The ratio of visual signal level to
the rms- amplitude of any coherent dis-
turbances,
- such as inter -modulation prod-
ucts, "or
roducts,"or discrete -frequency interfering
signals, not operating on proper offset
assignments shall not be less than 46 deci-
bels.
(9) The terminal isolation provided
each subscriber shall not be less than 30
decibels, exceptthat the isolation be-
tween separate television and FM broad-
cast terminals for.. the same .subscriber
shall not be less than 15 decibels.
(10) Radiation fromthe broadband te-
lecommunications network shall be limit-
':. ed as follows:..
Frequencies
Up to and includ-
ing 54 MHz 15 100
Over 54 up to and
including 216 MHz
Limit : Distance
(uV/m) (feet)
20 10
Over 216 MHz 15 100
(11) All echoes originating within the
network shall meet the nonvisibility cri-
teria developed by P. Mertz of the Bell
Telephone Company, i.e., ;shall not be
greaterthan.-36db. for echoes dispersed
more than 2:microseconds. For shorter
term dispersed echoes, the network
(including headend terminal) shall follow.
the "Mertz Curve",>merging to a "K"
pulse deformation not exceeding 4% of
the total system, This latter measure-
ment shall
easurementshall not include the "K" response
of the test modulator and demodulator (if
used) i.e. shall be"network" "K" re-
sponse.
2T pulse or equivalent measure-
ment techniques shall be used for these measurements. All unused subscriber tap'.
ports may be terminated during network
measurement.
(12) Network h -e uenc response as.
measured at any subscriber terminal
shall not vary more than + 2 db over the
6MHz bandwidth of any cable' television
channel or corresponding portion of the
FM and mid or upper band spectrums if
utilized.
(13) 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 levet and'at.-least.57
db below the normal transniisSionleveles
measured at any point of the network
trunk (network cross -modulation -specifi-
cations based on NCTA. standard ).
(14) Subscriber installations shall con-
form where applicable to current rele-
vant provisions of the National : Electric
Code, current edition;
(15) 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 perfor-
mance in any area to resolve signal quali-
ty or interference problems.
(d) Performance Tests and Certifica-.
tion. _
(1)Thefranchiseeshall be responsible
for insuring that the network is designed,
installed, and operated in a manner which
fully complies with the technical stand-
ards of this ordinance.
(2) Thefranchisee shall conduct, as set
forth by the FCC in their 3rd. Report and
Order, complete performance tests of the
network at least once each calendar year
(at intervals not to exceed 14 months) and
the franchisee shall show, at any other
time, upon reasonable request by the city,
that the network does, in fact, comply
with thetechnical standards: The franchi- -
see shall file with the city a certificate
detailing the test standards and the re-
sults of the tests. The performance tests
will be directed at determining the extent
to which the network complies with the
technical standards set forthin thisordi-
nance, and at the discretion ofthe city
shall be conducted in the presence of a
technical representative appointed by the
city and compensated by the franchisee.
The tests shall be made on each cable tel-
evision channel in the network, and shall
include measurements made at the ex-
tremities of at least two trunk and three
taps selected at random, at least one of
which is representative of aterminal
most distant from the network input in,
terms of cable distance. A statement of
the qualifications of the person perform-
ing the test and a description of the in-
struments and procedures used shall
n-strumentsandproceduresusedshall be
attached tothe test results filed with the
city.
(3) After reviewingthe certificates of
compliance required
P q paragraph (2) the
citymayrequirethatadditionalmeasure-
mentsbemade, -or that a clarifying ex-
planation be supplied.
(e) Alternate. Approach. If the franchi-
see desires to distribute signals by using
multiple' cable 'techniques or specialized
receivingdevices which, because of the
basic design, cannot comply with one or
more of the technical standards set forth
in paragraph (c) of this section, he may
apply tothe city for permission to operate
with such equipment provided that an
adequate showing is made which estab-
lishes that the subscribers are provided
an equivalent quality of service. The bur-
den is on the franchisee for full technical
proof of equivalent performance.
(f) Measurements-. Used in Perfor-
mance Tests.
(1)' Measurements : made in : tests to
demonstrate continuous conformity with
the performance requirements set forth
in these technical standards shall be
made under conditions which reflect net-
work
performance:"during normal opera-
tions, including the effect of any present
or future microwave relay operated in the
Community Antenna Relay Service
(CARS) intervening between pickup an-
tenna
and the broadband telecommunica-
tions network and: including the effects of
any microwave local distribution service
which may'u*eaa pani.+oirtiisnettvmdk.
Special signals inserted in a cable tele-
vision channel for measurement purposes
shall be operated at levels: approximating
thoseused for normal operation. 'Pilot
tones, auxiliary signals, and non -televi-
sion signals normally carried on the net-
work shall be operated at normal levels.
The following test procedures are includ-
ed as a guide. There are several recog-