HomeMy WebLinkAbout1670-86 - ADMIN Ordinance - City Council - 1986/01/06(January 6, 1986, adopted)
(December 2, 1985, first reading)
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ORDINANCE NO. 1670-86
AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE,
PART 7, CABLE TELEVISION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The following sections of the St. Louis Park
Ordinance Code are amended as attached:
Amendments: Index, and Sections 9-701(9, 15, 16, 17, 18);
9-703(5); 9-704; 9-709 (1, 6, 8c); 9-710(1-6);
9-716(5,7,9,10); 9-721(1,2,3,5,6,10); 9-751;
9-752.
Additions:
Deletions:
Renumbered:
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Sections- 9-703 (7•, 8)-; 9 -710•( -3h, -i, -j --s)-;
9-711(1-10); 9-713(8-10); 9-714(8,9);
9-716(2c3 & 31-8); 9-716(7f, 10a -h, 16a -g, 17a -i);
9-717(5); 9-718(3,4,5); 9-720(1,2,3); 9-721(7,8,9);
9-722.
Sections 9-703(6,7); 9-711(1-4); 9-753; 9-754;
9-755.
From
9-703(7,8)
9 -710(3h -p)
9-717(5,6)
9-720
9-720(7)
9-721 - 726
To
9-703(6,7)
9 -710(3k -q)
9-717(6,7)
9-721
9-721(10)
9-723 - 728
CITY OF ST. LOUIS PARK
CABLE COMMUNICATIONS FRANCHISE
PAST AMENDMENTS TO CABLE TV ORDINANCE:
Ord. No. Date
2235 8/20/73
Z236 8/20/73
1247 10/9/73
1303 11/3/75
1397 12/19/77
1475 9/2/80
1572 10/4/82
1646-85 1/21/85
1670-86 1/6/86
As Amended January 6, 1986
by Ordinance 1670-86
(FORMER PAGES 194 through 238 deleted and replaced
by the FOLLOWING PAGES A-2 through A-120, by
Ord.1670, 1/6/86)
PART 7 - Cable Television
INDEX
Section 9-701. Definitions Page 7
(1) City
(2) Council
(3) Person
(4) Public agency
(5) Nonprofit agency
(6) Subscriber
(7) CATV System
(8) Installation
(9) Gross Subscriber revenue
(10) Duplex network
(11) Dual cable network
(12) Shadow cables
(13) Pay TV
(14) Commencement of service
(15) Cable Service
(16) Franchise
(17) Franchise Ordinance
(18) Franchisee
Page 8
Page 9
Section 9-702. Franchise Required Page 11
Section 9-703. Significance of Franchise;
(1) Authority Granted
(2) Pole Space Obligation
(3) Privileges Must Be Specified
(4) Privileges Subordinate ' Page 13
(5) Consent to Transfer
(6) Previous Right Abandoned
(7) Subject to Other Rules and Regulations . . . Page 14
(8) Certification by State of Minnesota
Section 9-704. Duration of Franchise Page 16
Section 9-705. Acceptance (Repealed) Page 16
Section 9-706. Franchise Payment Page 17
'(1) Payment to the City
(2) Method of Computation; Interest
(3) Rights of Recomputation Page 18
Limitations Page 12
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Section 9-707. Security for Performance Page 19
(1) Performance Bond
(2) Delays in Performance Page 20
(3) Rights Reserved to City
Section 9-708. Liability Insurance and Indemnification
Page 21
(1) Public Liability Insurance
(2) Review of Coverage Page 23
(3) Indemnification
Section 9-709. System Capability; Facilities . . . Page 25
(1) System Channel Carriage Capability
(2) Reverse Signal Capability (Duplex Network)
(3) Designated Service Districts Page 26
(4) Upgrading of Facilities, Equipment and Service
(5) Emergency Power
(6) Business Office
(7) Emergency Capability_and Use Page__27
(8) Studio Facilities; Personnel
(9) Continuous Operation Page 28
(10) Computer Access
Section 9-710. Quality of Reception; Technical Standards
Page 29
(1) Quality of Reception
(2) Technical Definitions
(3) Technical Standards Page 32
(4) Performance Tests and Certification Page 36
(5) Alternate Approach Page 38
(6) Measurements Used in Performance Tests
Section 9-711. Channels to be Provided by Franchisee
Page 43
(1) Specially Designated Public, Educational, Governmental
and Leased Access Channels
(2) Charges for Use of -Public Access Channels
(3) Channel Capacity Expansion Page 44
(4) Access Channel Rules Page 45
(5) Special Service Subscribers
(6) Reduction of Channel Capacity
(7) Access Equipment Available Page 46
(8) Additional Channels for Commerical Use
(9) Local Origination Programming Page 47
(10) Basic Cable Service Channels
A3-
Section 9-712. Inter -Connection Page 49
(1) Required for Network
(2) Required for Educational and Governmental Use Channels
Section 9-713. System Installation Schedule Page 51
(1) Permit Application
(2) Commencement of Construction Page 52
(3) Commencement of Service
(4) Complete Service
(5) Local -Origination Programming
(6) Delays and Extensions of Time Page 53
(7) Failure to Complete
(8) System Upgrade and Rebuild Page 54
(9) Duty Regarding Franchisee's Facilities
Section 9-714. Fees, Rates and Charges Page 55
(1) Basis; Approval
(2) Changes in Rates, Fees or Charges
(3) Charge for Converter Page 57
(4) Disconnection
(5) Per -Program or Per -Channel Charges Page 58
(6) Judicial Review
(7) Court Affirmation
(8) Notice of Rate Change Page 59
(9) Current Rates Page 60
Section 9-715. Conditions of Street Occupancy. . . . Page 61
(1) Approval of Proposed Construction
(2) Excavation Permits
(3) Changes Required by Public Improvements
(4) Facilities Not to be Hazardous or Interfere
(5) Method of Installation Page 62
(6) Protection of Facilities Page 63
(7) Notice of City Improvements
(8) Compliance with Codes Page 64
(9) Moving of Wires
(10) Tree Trimming
(11) Record of Equipment and Facilities to be Maintained
Page 65
Section 9-716. Operation of the Franchise/Consumer Protection
Page 66
(1) Consumer Complaints
(2) Repairs and Maintenance
(3) Reports, Books and Records of Franchisee . Page 67
(4) Rules of the Franchisee Page 70
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(5) Approval of Service Contract Page 71
(6) Filing Communications with Regulatory Agencies
(7) Plan Filed Page 72
(8) Franchisee Assistance in Developing Public Uses
(9) Preferential or Discriminatory Practices Prohibited Pg. 73
(10) Subscriber Privacy Page 74
(11) Ownership Interest Prohibited Page 78
(12) Service Continuation, Notification of Subscribers
(13) Removal of Roof Top Antennae Page 79
(14) Sale or Service of TV Receivers
(15) Use by Political Candidates
(16) Periodic Evaluation and Renegotiation Sessions...Page 80
(17) Annual Opinion Survey Page 83
Section 9-717. Rights Reserved to the City; Resolution of
Disputes Page 86
(1) No Impairment of Eminent Domain
(2) Franchisee Agrees to City's Rights
(3) City's Right of Intervention
(4) Powers of the City
(5) Administration of Franchise
(6) Resolution of Disputes and Appeal Procedures.Page 87
(7) City's Transfer of Functions
Section 9-718. Enforcement Page 88
(1) Failure to Enforce Provisions
(2) Contravention of Franchise
(3) Letter of Credit
(4) Penalties Page 89
(5) Procedures for Imposition of Penalties . . ▪ Page 91
Section 9-719. Right of Amendment Reserved to City • Page 94
Section 9-720. Renewal Page 95
(1) Renewal Process.
(2) Renewal Proposal Page 97
(3) Preliminary Capital Commitment Agreements. • Page 98
Section 9-721. Expiration or Revocation of -FranchisePage 100
(1) Expiration; Extended Operation
(2) Grounds for Revocation
(3) Procedure Prior to Revocation Page 101
(4) Injunctive Relief
(5) Right of City to Purchase; Disposition of Facilities
Page 102
(6) Transaction Affecting Ownership or Control of Franchise
Facilities
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(7) Sale or Transfer of Franchise Page 104
(8) City Right to Purchase System Upon Receipt by Grantee of
a Bona Fide Offer Page 106
(9) Procedures for Exercise of First Right fo Refusal. Pg 109
(10) Restoration of Property Page 110
Section 9-722. Abandonment Page 111
Section 9-723. Unauthorized Connection Page 112
Section 9-724. Citizens Cable Advisory Committee. . Page 113
(1) Composition
(2) Purpose - --
Section 9-725. Applications for a Franchise Page 114
Section 9-726. Publication Costs Page 116
Section 9-727. Severability Page 117
Section 9-728. Short Title Page 118
Section 9-751. Purposes Page 119
Section 9-752. Grant of Franchise Page 120
(Index amended by Ord. 1670-86, 1/6/86)
Section 9-701. Definitions. In this ordinance the following
terms, phrases, words, and their derivations 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.
(1) "City" means the City of St. Louis Park.
(2) "Council" means the City council of the City of St.
Louis Park.
(3) "Person" means any person, firm, partnership, asso-
ciation, corporation, company or organization.
(4) "Public agency" means any governmental unit or political
subdivision of the state of Minnesota, including school districts
and other special purpose governmental bodies.
(5) "Non-profit agency" means any non-profit corporation or
association, charitable organization, or other organization not
operated for profit.
(6) "Subscriber" means any person who receives service from
a Franchisee.
(7) "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
147- Section 9-701
for sale or use by inhabitants of the City.
(8) "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.
(9) "Gross subscriber revenue" means all revenues derived in
connection with the operation of the CATV System directly or
indirectly by Franchisee, its affiliates, subsidiaries, parent
or any other person in which Franchisee, as Franchisee of this
Franchise, has a financial interest of five percent (5%) or more.
(Sec. 9-701(a) Amended by Ord. 1303, November 3, 1975).
(Sec. 9-701(9) amended by Ord. 1670, 1/6/86)
(10) "Duplex network" means a two-way communications network
consisting of coaxial cables and amplifiers which can carry
signals in two directions.
(11) "Dual cable network" means a network consisting of
simultaneously installed—duplicate 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.
(12) "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."
A8 -
Section 9-701(7) cont.
(13) "Pay TV" means origination or access cablecasting opera-
tions for which a per -program -or per -channel charge is made to
subscribers.
(14) "Commencement of Service" occurs when sufficient distri-
bution facilities have been installed so as to make Cable Service
available to at least the number of subscribers specified in the
Franchise Ordinance, actual operations being subsequent to
receipt of certificate of compliance from the FCC.
(15) "Cable Service" means subscriber services provided by
the Franchisee, including, at the subscriber's election, 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.
(Subsection 15 amended by Ord. 1670, 1/6/86)
(16) "Franchise" means the incorporated terms of this Cable
Regulation Ordinance, the Cable Television Granting Ordinance,
the acceptance agreement and all rights, powers, duties, obliga-
tions, and privileges under them.
(Subsection 16 amended by Ord. 1670, 1/6/86)
(17) "Franchise Ordinance" means the Cable Television
Granting Ordinance, a separate ordinance by which the Franchise
is granted to the Franchisee.
(Subs. 17, amended by Ord. 1670, 1/6/86)
(18) "Franchisee" means all persons including, but not
limited to, subsidiaries, parents, or affiliate companies, asso-
ciations or organizations having any rights, powers, privileges,
R9- Section 9-701(13)
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 CATV 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 sub-
contract, transfer, assignment, mortgage security agreement,
management agreement, or operating agreement, or whether other-
wise arising or created.
(Subsection 18 amended by Ord. 1670, 1/6/86)
R10- Section 9-701(18) cont.
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Section 9-702. 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 tele-
vision signals, or radio signals or other intelligences, either
analog 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 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.
All- Section 9-702
Section 9-703. Significance of Franchise; Limitations.
(1) 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 ordi-
nance. 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.
(2) Pole Space Obligation. A franchise shall not relieve
the Franchisee of any obligation to obtain pole space from any
department of the City, a utility company, or from others main-
taining poles in the streets.
(3) 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 Council it would not be in the public interest to do so.
Al2- Section 9-703
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(4) Privileges Subordinate. Any privilege claimed under a
franchise
in any street -or- other public property shall be subor-
dinate to any lawful occupancy of the street or other public pro-
perty or to any present or future improvements such as sidewalks
and roadway widening.
(5) Consent to Transfer. A franchise shall be a privilege
to be held in personal trust by the original recipeint. It can-
not 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 in exercise of or
pursuant to the provisions of Sections 9-721(7), 9-721(8) and
9-721(9) of this Franchise and under such conditions as may be
prescribed. Any amendment of this Franchise in conjunction with
the approval of a transfer of ownership request shall require the
consent of Franchisee prior to such amendment taking effect. 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.
(Subsection 5 cvnended by Ord. 1670, 1/6/86)
(6) Previous Rights 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,
A13- Section 9-703(4)
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, immu-
nity or authority.
(Former Subsection 6 deleted by Ord. 1670, 1/6/86)
(7) Subject to Other Rules and Regulations. Any Franchisee
and City shall conform to all state laws and rules regarding
cable communications not later than one year after they become
effective, unless otherwise stated. Franchisee and City shall
conform with all federal laws and regulations regarding cable
communications as they become effective. Franchisee shall also
conform with all City ordinances, in addition to the Franchise
ordinance; resolutions, rules and regulations heretofore or
hereafter adopted or established during the entire term of the
Franchise. This Franchise complies with all requirements of the
Minnesota franchising standards set forth in Minnesota Statutes
and all statutes, rules, regulations and other laws relating to
the content and grant of this Franchise.
(Former Subsection 7 deleted by Ord. 1670, 1/6/86)
(8) Certification by State of Minnesota. At City's elec-
tion, the Franchise shall cease to be in force and effect if
Franchisee fails to obtain certification of this Franchise by the
State of Minnesota pursuant to Minnesota Statutes Section 238.085
(Subsections 7 & 8 added by Ord. 1670, 1/6/86)
R14 -
Section 9-703(6) cont.
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or any successor law thereto, provided, however, that Franchisee
may operate its CATV System while the certification, if con-
cerning a franchise extension or renewal, is under review or
appeal.
R15- Section 9-703(8) cont.
Section 9-704. 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. Any renewal of this Franchise
shall be limited to a term of not more than fifteen (15) years.
(Sec. 9-704 amended by Ord. 1670, 1`6%86)
(Sec. 9-705 repealed by Ord. 1303, November 3, 1975).
R16 -
Section 9-704
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Section 9-706. Franchise Payment.
(1) 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 revenue 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.
(2) Method of Computation; Interest. Sales taxes or other
taxes levied directly on a per -subscriber 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, March 31, and June 30 for the pre-
ceding quarter and date of the first quarterly payment occurring
more than 90 days after the Franchisee commences service. The
City shall be 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. On or before April 30 of each year the franchise shall
furnish the City with a statement reflecting the total amount of
gross subscriber revenue in St. Louis Park and the calculation of
the payments due to the City, which statement has been prepared
B17- Section 9-706
and certified by an independent certified public accountant in
accordance with generally accepted auditing standards.
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.
(Sec. 9-706(2) amended by Ord. 1475, September 2, 1980).
(3) 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 per-
formance of any other obligation.
(118 -
Section 9-706(2)
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Section 9-707. Security for Performance.
(1) Performance Bond. The Franchise shall, prior to the
commencement of any physical construction, 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 Minnesota 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 regu-
lation governing the Franchise, there shall be recoverable
jointly and severally ffom the principal—and-surety of—the bond
of 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 obli-
gations 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
019- Section 9-707
clerk..
The bond as initially filed shall be in the amount of
0 000. One year after completion of construction of the
$30 ,
system, the bond shall be reduced to $50,000. Notwithstandingts
Council may in 1
above provisions of this subsection, the City amount
sole discretion waive the bond or reduce the required he Franchise, by
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after five years _of_operation of a system under
the Franchisee, its successors or assigns, which, in the sole
opinion of the City Council has been satisfactory.
(Sec. 9-707(1) Amended by Ordinance 1303,
November 3, 1975).
2 Dela s in Performance. The bond required in this sec-
tion shall provide that with
( ) 15 days prior written notice to the
Franchisee, the City may recover against the surety
the sums pro-
vided for failure to complete construction in accordance with any
rovision of Sec. 9-713, System Installation Schedule.
p hts reserved by the
(3) Rights Reserved to Cit y•
The rig
respect to the bond -'are in addition to all other rights
City with res p other law•
the City may have under this ordinance or any
R20 -
Section 9-707(1) cont.
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Section 9-708. Liability Insurance and Indemnification.
(1) Public liability Insurance.
(a) 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, at its own cost and expense, the following insurance:
(1) 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.
(b) Such insurance shall be written for amounts not
less than the following as respects subparagraph (i) above:
Workmen's compensation statutory
Employee's liability $100,000 each occurrence
and as respects subparagraph (ii) above:
Bodily injury and property
damage with a combined
single limit of liability
(Page deleted due to Repeal of Section).
of $1,000,000 each occurrence
or bodily injury
General and automobile $500,000 each person
General and automobile $1,000,000 each occurrence
property damage
General and automobile $500,000 each occurrence
General $500,00 aggregate
(c) The insurance referred to in subparagraph (ii)
F}21 -
Section 9-708
above shall be written under the comprehensive general and
comprehensive 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.
(d) The policy or policies shall afford the same limits
of liability as set out above for liability assumed under
contract.
(e) 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.
(f) The policy or policies shall waive any and all
governmental immunity as a defense in any action brought
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against the insured.
(g) Approval of the insurance by the City shall not in
any way relieve or decrease the liability of the Franchise,
and it is expressly understood that the City does 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.
(h) Evidence of the above insurance in the form of
insurance certificates shall be furnished the City clerk by
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A22- Section 9-708(1)(c) cont.
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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.
(i) The policies shall name the City, its officers,
boards, commissions, agents, employees and apointees as addi-
tional 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 is provided by a policy
which also covers the Franchisee or any other entity or per-
son other than those above named, then the policy shall con-
tain an endorsement concerning gross liability, which shall
be subject to approval by the City attorney.
(2) 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.
(3) Indemnification. The Franchisee shall indemnify and
hold harmless the City and its agents and employees from and
R23 -
Section 9-708(1)(h) cont.
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 sub-
contractors. 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.
F124 -
Section 9-708(3) cont.
1
1
1
Section 9-709. System Capability; Facilities.
(1) The Franchisee shall install a "duplex" broadband tele-
communications network having a minimum initial bandwidth of 295
MHz (5-300 MHz). The network shall be either a "dual cable net-
work" utilizing a TV set mounted coaxial switch or a single cable
network utilizing a TV set mounted frequency convertor whichever
is consistent with the state of the art at the time of the net-
work design and installation. In the event that the network to
be installed i; a single cable network, the Franchise shall
install a second or standby cable whenever the construction of
the network requires the disturbance of a paved street, alley,
sidewalk or other public or private way so as to permit the net-
work to be installed underground. The CATV System shall have the
technical capacity for nonvoice return communications which, for
the purposes of this Franchise, means the provision of
appropriate system design techniques with the installation of
cable and amplifiers suitable for the subsequent insertion of
necessary nonvoice communications electronic modules.
(Sec. 9-709 Amended by Ord. 1303, November 3, 1975).
(Subsection 1 emendedbzy Ord. 1670, 1/6/86)
(2) The reverse signal transmission capability of the net-
work as required in (a) above shall be at least in accordance
with the requirements-of—the—Federal Communications Commission's
3rd Report and Order. Whenever a reverse circuit is completed to
a subscribers' premises so as to permit a response to an interro-
gation originated by the Franchisee, it shall be installed in
R25- Section 9-709
such.a way so as to permit subscriber notification and deac-
tivation as set forth in Section 9-716(10) herein entitled
"Subscriber Privacy.
(Sec. 9-709 amended by Ord. 1303, November 3, 1975).
(3) 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.
(4) Upgrading of Facilities, Equipment and Service. The
Franchise shall upgrade its facilities, equipment and service so
that its network is as advanced as the current state of tech-
nology with field-proven equipment will allow. Failure of the
Franchisee to install additional channel capaCity as required by
the Federal Communications-Commission-•shall-tbe a•breach of the
Franchise Ordinance.
(5) Emergency Power. When, 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 provided in subsection (7) of this section.
(6) Business Office. The Franchisee shall maintain a full
service office in the City at a location convenient to the
public offering all walk in consumer services and assistance
A26- Section 9-709(2) cont.
1
lircffered by Franchisee at any of Franchisee's other business
.offices in the Twin Cities' Seven_County Metropolitan Area.
(SuL:3ection 6 amended by Ord. 1670, 1/6/86)
(7) 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
r
i
or civil defense
Franchisee shall
for an emergency
of crises, or at
bulletin on all
agency that
incorporate
override
times of
channels
the City
into its
audio alert
shall designate. The
facilities the capability
whereby the City in times
testing, may be
simultaneously.
provide in a location to be designated by
necessary for use of the emergency alert system:—
(8)
ystem:(g) Studio Facilities; Personnel.
(a) The Franchisee shall initially provide a full color
capable studio within St. Louis Park. This studio shall be
constructed to enable preparation and playback of simulta-
neous live and/or taped and/or filmed programming within its
facilities and to provide adequate space for reasonable
audience participation. A Franchisee's plans for its busi-
ness office and color studio to be constructed within the
City shall include such items as studio size, accessibility
to the public, type of facilities, hours of operation and
estimated construction time.
(b) The Franchise shall provide initially either by a
separate cable or by use of the bi-directional capability of
able to introduce a
The Franchisee shall
the City, all equipment
R27 -
Section 9-709(6) cont.
its proposed network, the capability for live remote broad-
casting from at least five (5) select locations within the
City to be designated by the City. The Franchise shall con-
nect any public building or facility designated by the City
that lies along the bi-directional routes of the five (5)
selected locations. The Franchisee shall also initially pro-
vide a mobile van capable of black and white remote broad-
casting. When, in the opinion of the City and the
Franchisee, it becomes economically feasible the Franchisee
shall place into service a capibility for City-wide live and
remote color broadcasting.
(c) The Franchise shall, upon request and at no charge,
provide the production facilities and personnel reasonably
necessary to assist in the preparation and transmission of
governmental and educational programs. Upon approval by City
Franchisee may delegate with a thi-rd-party-to-help=•ac-complish
the requirements set forth in this Section 9-709(8)(c) and
Section 9-711(9) of this Franchise Ordinance.
(Section 9-709(8) Amended by Ordinance 1303, November 3, 1975).
(Subsection 8c amended by Ord. 1670, 1/6/86)
(9) Continuous Operation. The network shall be designated
and rated for 24-hour-a-daY continuous operation.
(10) Computer Access. The Franchisee shall, when it becomes
technically and economically viable, provide computer access to
all subscribers.
q28 -
i
1
Section 9-709(8)(b) cont.
•
r
Section 9-710. 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.
(Subsections 1-tratnenae by Ord. 1670, 1/6/86)
(1) Quality of Reception. The network shall produce a pic-
ture 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, and in accordance with all applicable FCC Rules,
Regulations and Technical Standards that apply to radiation from
said network.
(2) Technical Definitions.
(a) "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.
(b) "Class I cable television channel" means a
signaling path provided by a cable television system to relay
R29 -
Section 9-710
to subscriber terminals television broadcast programs that
are received off -the -air or that are obtained by microwave or
by direct
(c)
signaling
connection from a television broadcast station.
"Class II cable television channel" means a
system to
path provided by a cable television
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.
(d) "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.
(e) "Class IV cable television channel" means-Va
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.
(f) "Channel frequency 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.
(g) "Network noise" means undesired and/or fluctuating
disturbances within a cable television channel, exclusive or
A30- Section 9-710(2)(b) cont.
t
1
E
undesired signals of discrete frequency, which degrade the
reproduction of the desired signal and which are due to modu-
lation 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 MHz above the
lower channel boundary of a broadband telecommunications net-
work.
(h) "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.
(i) "Terminal isolation" means at any subscriber ter-
minal, the attenuation between that terminal and any other
subscriber terminal in that network.
(j) "Visual signal level" means the rms voltage pro-
duced by the visual signal during the transmission of
synchronizing pulses.
(k) "BTN 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 net-
work may have additional channel capacity for specialized or
discrete purposes, but the technical performance specified
R31 -
Section 9-710(2)(g) cont.
shall not be materially degraded as a result.
(3) Technical Standards. The following requirements apply
to the broadband telecommunications network performance for Class
I, Class II and 6 MHz 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 on which signals picked off -air are delivered to the
terminals. The measurements shall include the receiver converter
if such is required at the subscriber's receiver for any of the
channels of required carriage.
(a) The frequency boundaries of cable television chan-
nels delivered to subscriber terminals shall conform to those
set forth in FCC Regulations in effect October 1, 1985,
Section 73.603(a). All local television broadcast channels
shall be carried on the same network channel to the extent
that it is technically feasible.
(b) The frequency of the visual carriers shall be main-
tained 1.25 MHz + 25 KHz above the lower boundary of the
cable television channel, up to the receiving terminals,
exclusive of any receiver attachments, such as channel con-
verters.
(Subsection 3b amended by Ord. 1670, 1/6/86)
(c) The frequency of the aural carrier shall be 4.5 MHz
+ 1 KHz above the frequency of the visual carrier, except
where monochrome signal origination occurs within the system,
under which conditions, the tolerance shall be + 5KHz. All
1
1932- Section 9-710 (2) (k) cont.
1
color local origination channels shall have aural -visual
separation + 1 KHz from 4.5 MHz.
(d) The visual signal level at the picture carrier fre-
quency on each channel shall not be less than 1000 UV
(microvolts) as measured across a 75 ohms terminating impe-
dance, at the subscriber's television set terminals.
(i) The visual signal level on each channel
shall not vary more than 6 decibels within any 24 hour
period, and
(ii) The visual signal level of any channel
shall not vary more than 3 decibels from an adjacent channel,
and
(iii) The visual signal level of any channel
shall not vary more than 10 decibels, from any other channel
on the system, and
(Sec. 9-710(3)(d) Amended by Ordinance 1303, November 3, 1975)
(e) The rms voltage of the aural signal shall be main-
tained between 13 and 17 decibels below the associated visual
signal level.
(f) The peak -to -peak variation in visual signal level
caused by._undesired low frequency disturbances (hum or repe-
titive transients) generated within the system or by inade-
quate low frequency response shall not exceed 3% 2% of the
visual signal level.
(g) the ratio or visual signal level to network noise
A33 -
Section 9-710(3)(c)
and of visual signal level to any undesired co -channel
television signal operating on a proper offset assignment
shall be not less than 44 decibels. This requirement is
applicable only to: '
(i) each signal which is carried by a cable
television system serving subscribers within the Grade B con-
tour for that signal, or
(ii) each signal which is first picked up
within its predicted Grade B contour, or
(iii) any local origination channel.
(h) The composite triple beat shall not be more than 55
decibels.
(i) The second order distortion shall not be more than
67 decibels.
(j) The third beat distortion shall not be more than 74
decibels.
(k) The ratio of visual signal level to the rms ampli-
tude 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.
(Subsections h, i, j, k added by Ord. 1670, 1/6/86)
(1) The terminal isolation provided each subscriber
shall not be less than 30 decibels, except that the isolation
between separate television and FM broadcast terminals for
the same subscriber shall not be less than 15 decibels.
A34- Section 9-710 (3) (g) cont.
r
Radiation from the broadband telecommunications network shall
be limited to applicable FCC Rules, Regulations and
Specifications.
(m) Network frequency response as measured at any
subscriber terminal shall not vary more than + 1.5 db 6MHz
bandwidth of any cable television channel or corresponding
portion of the FM and mid or upper band spectrums if uti-
lized.
(n) Network cross -modulation as measured at all network
frequencies from the network input to any subscriber terminal
shall be at least 54 db below the normal transmission level.
(network cross -modulation specifications based on CTA
standard).
(o) Subscriber installations shall conform where appli-
cable to current relevant provisions of the National Electric
Code, current edition.
(p) The network shall be designed, and installed and
maintained so as to be capable of operating over an ambient
temperature range of -40° F to +120° F without catastrophic
failure or irreversible performance changes over variations
in supply voltages from 105 to 130 VAC. (Sec. 9-710(3)(o)
added by Ord. 1303, November 3, 1975)
(q) Notwithstanding the fact that the network may be in
compliance with all the standards set forth herein, the city
may require a higher level of performance in any area to
(Former Subsections 3h -p renumbered 3k - q by Ord. 1670, 1/6/86)
A35 -
Section 9-710(3)(1)
resolve signal quality or interference problems.
(r) CATV System technical and performance standards
promulgated by the FCC relating to cable communications
systems contained in sub -part K of part 76 of the FCC's rules
and regulations relating to cable communications system,
technical bulletins of the FCC or other FCC documents, are
hereby incorporated by reference into this Franchise. -Any
standards adopted from time -to -time by City including any
technical standards and testing requirements set forth in any
Upgrade and Rebuild Plan which may
be authorized by City, as
well as Franchisee's proposal, are also hereby
incorporated
b reference into this Franchise or shall be incorporated by
Y
reference into this Franchise upon their adoption or appro-
val. The results of any tests required by the FCC shall be
filed within ten (10) days of the conduct of such tests with
City. In any eve nt; the -CATV Sy
s_tem._shall provide a good
video, audio, data and text quality transmission to all
subscribers' terminals without over -the -air interference whe-
never such video, audio, data or text services are delivered
via cable.
(4) Performance Tests and Certification.
(a) The Franchisee shall be responsible for insuring
that the network is designed, installed, and operated in a
manner which fully complies with the technical standards of
this ordinance.
A36-
Section 9-710(3) (q) cont.
1
i
(b) 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 show, 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 be directed at determining the
extent to which the network complies with the technical stan-
dards set forth in this Ordinance, and at the discretion of
the City, shall be conducted in the presence of a technical
representative appointed by the City and compensated by the
Franchise. 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 description of the instru-
ments and procedures used shall be attached to the test
results filed with the City.
(c) After reviewing the certificates of compliance
required in paragraph (b) the City may require that addi-
tional measurements be made, or that a clarifying explanation
A37- Section 9-710(4)(b)
be supplied.
(d) Franchisee shall bear all the costs of testing
required as a result of this Franchise. Any consultant per-
forming such testing shall be mutually agreed upon by City
and Franchisee and shall, in its proposal to perform such
testing, establish a maximum estimated charge for such
testing.
(Subsection d added by Ord. 1670, 1=6/86)
(5) Alternate Approach. If the Franchisee desires to
distribute signals by using multiple cable techniques or spe-
cialized receiving devices, which, because of the basic design,
cannot comply with one or more of the technical standards set
forth in paragraph (3) of this section, he may apply to the City
for permission to operate with such equipment provided that an
adequate showing is made which establishes that the subscribers
are provided an equivalent quality of service. The burden is on
the Franchisee for-fuli technical proof of equivalent performance.
(6) Measurements Used in Performance Tests.
(a) Measurements made in tests to demonstrate con-
tinuous conformity with the performance requirements set
forth in these technical standards shall be made under con-
ditions which reflect network performance during normal
operations, including the effect of any present or future
microwave relay operated in the effect of any present or
future microwave relay operated in the Community Antenna
Relay Service (CARS) intervening between pickup antenna and
A38- Section 9-710(4)(c) cont.
1
1
r
f
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-
mately those used for normal operation. Pilot tones, auxi-
liary 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 measurements; the technique and equip-
ment used in each case, if-difr`erent tharrthose--set—f-orth__
herein, shall be fully described in the annual certification
to the City.
(b) When it may be necessary to remove the television
signal normally carried on a cable television channel in
order to facilitate a performance measurement, it will be
permissible to disconnect the antenna which serves the chan-
nel 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.
(c) As may be necessary to ensure satisfactory service
to a subscriber, the City may require additional tests to
demonstrate network performance or may specify the use of
A39 -
Section 9-710(6)(a) cont.
different test procedures.
(d) Network frequency response measurements may be made
with a calibrated signal generator, variable attenuator and a
frequency selective voltmeter. All TV signals except for
ALC, AGC, or ASC pilot carriers may be disconnected during
this test. With all automatic gain control amplifiers in the
section under test set to their normal operating mode, the
signal generator shall be connected to the input to the tele-
communications network and set for a cw signal at the desired
frequency level normally present at that frequency and loca-
tion. With the meter and variable attenuator connected in
series to the subscriber terminal under tests, the signal
level shall be measured and recorded. Measurements shall
then be made in a similar manner for all frequencies at the
levels normally carried on the network.
(e) Network -noise -may -be -measured using a-f-requency-
selective volt -meter (field strength meter which has been
suitable 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 indica-
tions to obtain the total noise power present over a 4MHz
R40- Section 9-710(6)(c) cont.
1
i
a
1
1
band centered with the cable television channel (or equiva-
lent 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 MHz and appropriate corrections
shall be made to account for its gain.
(f) 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 (e)
above), or other suitable instruments, which instruments have
been calibrated for adequate accuracy.
(g) 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 net-
work if desired) connected to each output spigot of the
customer tap port.
(h) _ Radiation measurements may be 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
J 41 -
Section 9-710(6)(e)
Communications Commission, Volume 11, Part 15 Subpart D, for
cable television systems.
(i) The system cross -modulation measurement may be per-
formed in accordance with NCTA Standard 002-0267.
(j) The network hum modulation may be measured at each
video carrier frequency on the network using a calibrated
signal generator, a detector and an oscilloscope. The signal
generator shall be connected, the level and frequency
adjusted and all other channels set at their normal levels.
With the detector and oscilloscopes connected to the
subscriber terminus, the average level of the detected signal
and the peak -to -peak AC hum will be indicated on the
oscilloscope. The percent of hum modulation is defined as
the ratio expressed in percent of the average level of the
detected signal to one-half the indicated peak -to -peak AC
hum.
(k) 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.
(Section 9-710(1-6) amended by Ord. 1670, 1/6/86)
A42 -
Section 9-710(6)(h) cont.
Section 9-711. Channels to be Provided by Franchisee.
(1) Specially Designated Public, Educational, Governmental
and Leased Access Channels. Franchisee shall, to the extent of
the CATV System's available channel capacity, provide to each of
the subscribers who receive all, or any part of, the total video
programming services offered on the CATV system, reception on at
least one (1) specially designated noncommercial public access
channel available for use by the general public on a first come,
first serve, nondiscriminatory basis; at least one (1) specially
designated access channel for use by local educational authori-
ties; at least one (1) specially designated access channel
available for local government use; and at least one (1) spe-
cially designated access channel available for lease on a first
come, first serve, nondiscriminatory basis by commercial and non-
commercial users. In the event Franchisee provides subscribers
only non -video services, alarm system service or only data
transmission services for computer operated functions, Franchisee
shall be exempt from providing access channel reception to such
non -video alarm or data service -only subscribers. The VHF
spectrum shall be used for at least one (1) of the specially
designated noncommercial public access channels required in this
Subdivision.
(2) Charges for Use of Public Access Channels. No charges
shall be made for channel time or playback of prerecorded
programming on at least one (1) of the specially designated non-
A43 -
Section 9-711
commercial public access channels required by this Section, pro-
vided, however, that personnel, equipment, and production costs
may be assessed for live studio presentations exceeding five (5)
minutes in length. Charges for such production costs and any
fees or use of other public access channels shall be consistent
with the goal of affording the public a low cost means of tele-
vision access.
(3) Channel Capacity Expansion. Whenever any of the spe-
cially designated noncommercial public access channel, the spe-
cially designated education access channel, the specially
designated local government access channel or the specially
designated leased access channels are in use during eighty percent
(80%) of the weekdays (Monday -Friday), for eighty percent (80%)
of the time during any consecutive three (3) hour period for six
(6) weeks running, and there is demand for use of an additional
channel for -the -same -purpose, Fr-anch-see--shall -then-have__six (6)
months in which to provide a new specially designated access
channel for the same purpose, provided that the provision of such
additional channel or channels shall not require Franchisee to
install converters. Nothing in this Section shall be construed
so as to preclude the installation of converters by Franchisee on
a voluntary basis, or as a result of an agreement arrived at
through negotiation between City and Franchisee, or by a poten-,
tial access user who wished to install converters in order to
make use of additional channel or channels.
A44- Section 9-711(2)
r
f
i
(4) Access Channel Rules. In conjunction with City, the
Franchisee shall establish rules pertaining to the administration
of the specially designated noncommercial public access channel,
the specially designated educational access channel and the
specially designated leased access channel.
(Former Subs. 1-4 deleted by Ord. 1670, 1/6/86. New 1-4 added)
(5) Special Service Subscribers. In the event Franchisee
offers subscribers the option of receiving programs on one (1) or
more special service channels without also receiving regular
subscriber services, Franchisee may comply with the requirements
of this Section by providing the subscribers who receive the spe-
cial -service only, at least one (1) specially designated com-
posite access channel composed of the programming on the-
specially
hespecially designated noncommercial public access channel, the
specially designated educational access channel, and the specially
designated local government channel. This Section shall not
apply to subscribers receiving only non -video services, only
alarm services or only -data transmission services for computer
functions.
(6) Reduction of Channel Capacity. If available channel
capacity is reduced in the future or where demand for use does
not warrant activation of all the specially designated access
channels required in this Section, at least one access channel
shall be set aside. To the extent time is available therefor,
and to the extent consistent with rules adopted by City, access
channels may also be used for other broadcast and nonbroadcast
A45 -
Section 9-711(4)
services, provided that such services are subject to immediate
displacement and may be replaced by access channels if City
determines, in its sole discretion, that there is demand to use
the channel for its specially designated access purpose.
Franchisee shall, in any case, provide at least one (1) full
channel on the VHF spectrum for shared access programming.
Available channel capacity shall be reduced or a determination
that demand for use does not warrant activation of all the spe-
cially designated access channels required by this Section shall
be made only pursuant to the following procedure:
(a) Franchisee will notify City of the proposed change;
(b) The City shall make a determination following a
process of review which takes into account such rules as may
be established by City for this purpose and which affords
notice and opportunity to be heard to all interested parties.
(7) Access"Equtpinent Available. The--Franchisee-shall=.assure
that at least the minimal equipment necessary for the production
of programming and playback of prerecorded programs for the
specially designated noncommercial public access channel and such
other equipment as set forth elsewhere in the Franchise and in
Exhibit attached and made a part of the Franchise and made
readily available for public use.
(8) Additional Channels for Commercial Use. In the event of
any CATV System upgrade or other expansion of channel capacity,
Franchisee shall, at a minimum notice, make channels available
R46-` Section 9-711(6) cont.
1
i
1
1
for commercial use pursuant to the minimum requirements set forth
in Section 611 of the Cable Communications Policy Act of 1984.
(9) 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 chan-
nel 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.
(10) Basic Cable Service Channels. The Franchisee shall prc-
vide basic cable service channels as available which include, at
a minimum, individual channels in the following broad categories
of service as available:
(a) broadcast network affiliates.
(b) public education and governmental access and local
origination channels as set forth in this Section 9-711.
(c) one or more distant independent super stations.
(d) satellite delivered channels which independently
provide the following broad categories of programming as
available:
A47- Section 9-711(8)cont.
i) News programming
ii) Sports programming
iii) Music programming
iv) Children's programming
v) Arts programming
vi) Public affairs programming
vii) Broad-based general interest programming
viii) Religious Programming
ix) Financial programming
(e) either local or satellite delivered channels which
provide:
i) Programming information
ii) Current weather information
(f) Regional Channel Six
(Sec. 9-711(1-10) added_by Ord. 1670, 1/6/86)
(&48- Section 9-711(10)(d) cont.
Section 9-712. Inter -Connection.
(1) Required for Network. Subject to obtaining inter-
connection approval from adjoining network franchisors and opera-
tors, the Franchisee shall inter -connect its broadband
telecommunications network with all other broadband telecom-
munications 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.
(2) 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 pro-
vided for by Section 9-711 (2) and (3). Proposed use, frequency
bandwidth, letter of numeric designation, and hours of operation
shall be specified. In the event that the analysis of the
request made by the Franchisee shows such interconnection to be
economically unfeasible the City may elect, but at its sole
discretion, to arrange for compensation to be paid to the
Franchisee in an amount sufficient to assure economic feasibility
by the Franchisee and so order the interconnection. In the event
that the analysis fails to show technical feasibility, the
Franchisee shall have no further responsibility for accomplishing
said interconnection until such time as permitted by improve-
A49 -
Section 9-712
ments_ in technology.
Sec. 9-712(2) Amended by Ordinance 1303, November 3, 1975).
A50 -
Section 9-712(2) cont.
1
1
i
Section 9-713. S stem Construction Re•uirements and Installation
Schedule.
(1) Permit Application. Within 30 days after acceptance of
all
a Franchise, the Franchisee
necessary permits, licenses
in the conduct of its business.
shall make
application to obtain
and authorizations which are required
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
b regulatory agencies having jurisdiction over the operation of
Y_
the broadband telecommunications network or their-asseci-ated
microwave transmission facilities and necessary authorizations
from the Federal Aviation agency
to construct receiving antenna
towers. Copies of all applications, communications and all per-
mits,
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 -permed -0E-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
A51 -
Section 9-713
shall bear all costs.
(2) 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.
(3) Commencement of Service. Within 180 days after the com-
mencement of construction, the Franchisee shall commence service
to subscribers as defined in Section 9-701(b), subsequent actual
operations being subject to receipt of certificate of compliance
from FCC. The completion of the construction and installation
shall be pursued with reasonable diligence.
(4) Complete Service. The distribution facilities provided
by a Franchisee shall be constructed in all areas within the cor-
porate limits of the city, within 18 months after commencement of
service.
(5) 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 f the system shall
be grounds for termination of the Franchise; provided, that the
Council in its discretion may extend the time for the commun-
cement and completion of construction and installation for addi-
tional periods in the event that the Franchisee, acting in good
faith, experiences delays by reason of circumstances beyond its
452 -
Section 9-713(1) cont.
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control.
(6) Delays and Extensions of Time. The Franchisee shall not
be liable for any delays in installation if the failure to per-
form 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 per-
form is caused by the default of a subcontractor or supplier, and
if such default arised out of causes beyond the control of both
the Franchisee and subcontractor or supplier, and without the
fault or negligence 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.
(7) Failure to Complete. The Franchisee shall pay to the
city $500 per day for failure to commence service as set forth in
subsection (3) of this section, and to complete service as set
forth in subsection (4) of this section. There shall be no
penalty if failure to commence actual operations at anytime is
P53 -
Section 9-713(5) cont.
caused by a delay of the FCC in issuing a certificate of
compliance. In this event the Franchisee shall be prepared, if
requested by the city, to demonstrate that the requirements of
the Franchise have been satisfied.
and
and
(8) System Upgrade
and Rebuild.
rebuild the CATV System pursuant
timetable requirements set forth
Franchisee shall upgrade
to all design, construction
in a System Upgrade and
Rebuild Plan agreed upon and executed by City and Franchisee.
(9) Duty Regarding Franchisee's Facilities. Nothing con-
tained in the Franchise shall relieve any person from liability
arising out of the failure to exercise reasonable care to
injuring the Franchisee's facilities while performing any
connected with grading, regrading or changing the line of
avoid
work
any
street or public place or with the construction or reconstruction
of any utility facility sewer or water system.
(10) Line—E-xte•nsio(n—Policy. ` `Franchisee "shall pass=a`ll
residential dwellings within City. Franchisee shall pass any
non-residential building when the owner of such building request
cable service and agrees to pay all actual installation costs in
excess of Two Hundred Fifty and no/100 Dollars ($250.00).
(Subsections 8, 9 & 10 , added by Ord. 1670, 1/6/86)
454- Section 9-713(7) cont.
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Section 9-714. Fees, Rates, and Charges. To the extent
authorized by Federal law, rates and charges for services offered
by Franchisee shall be established pursuant to this Section.
(1) Basis; Approval. Fees rates, or charges for any service
provided shall be 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 effi-
cient management. All fees, rates 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.
(2) Changes in Rates, Fees or Charges. I
(a) There shall be no increase in the initially
approved rates, fees or charges for three years after the
commencement of service, excluding the effect of subsequent
imposition of any federal, state or local taxes, copyright
payments or other legally imposed fees or charges.
(b) Any subsequent increase requests, in addition to
other factors described in this section, shall take into con-
sideration the consumer price index for the Minneapolis -St.
Paul area compiled by the U.S. Department of Labor Statistics
and additional reasonable costs for increased or additional
services. The Franchisee shall pay the reasonable costs of
determining an appropriate increase including but not limited
A55- Section 9-714
to, costs incurred by the City to retain a rate expert to
assist the City in its deliberations.
(c) If the Franchise requests a change, it shall pre-
sent 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.
(d) A rate expert's report is not required for action
upon a proposed increased 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 one in the official newspaper no
less than 20 days prior to the hearing. The City may take
such steps as it deemed necessary to obtain other information
before acting upon Franchisee's request. No action shall be
taken in regard to alteration of rate, fee or charge schedu-
les except by'written resolution of-the`City Council -accom-
panied by the Council's findings and conclusions. Copies
shall be service upon the Franchisee by personal delivery to
its business office.
(e) For the purposes of Subsection 2 above, "rates,
fees or charges" shall be limited to rates, fees or charges
made for services regularly provided to all cable television
subscribers and shall specifically exclude rates, fees or
charges for specialized programming for which a per -program
or per -channel charge is made.
A56- Section 9-714 (2) (b) cont.
1
1
Sec. 9-714(2)(e) added by Ord. 1572, October 4, 1982).
(3) Charge for Converter. The Franchisee shall make no
monthly service charge for the use of any converter, which
constitutes a part of the minimal equipment, which is necessary
for the subscriber's receipt of basic cable service; however, a
reasonable security deposit may be required. The Franchisee may
charge a monthly service fee for the use of a wireless remote
converter to the extent that such wireless remote converter does
not constitute a part of the minimum equipment offered by
Franchisee, which is necessary for the subscriber's receipt of
basic cable service. A "wireless remote converter" for the pur-
pose of this Section shall mean, any converter which includes a
channel selection unit, which is physically independent of
subscriber's television set and is not connected by any wire or
cable to CATV System or any television set.
(4) Disconnection. There shall be no charge for disconnec-
tion from the broadband telecommunications 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.
A57- Section 9-714(3)
(5) 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 economi-
cal 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.
(6) Judicial Review. The Franchisee shall have prompt judi-
cial review of any resolution of the City Council on rates, fees,
or charges in the District Court of Hennepin County if applica-
tion is made to the court within 30 days after service of the
resolution on the Franchisee. Review by the court shall be
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- be taken -by -the
court. Except as otherwise provided, all review proceedings
shall be conducted according to the provisions of Minnesota
Statutes, Sections 16.0424 - 15.0426.
(7) 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:
(a) in violation of constitutional provisions; or
A58- Section 9-714(5)
1
a
1
f
1
(b) in excess of the authority conferred upon the City
Council by this ordinance; or
(c) Made upon unlawful procedures; or
(d) Affected by other error of law, or
(e) Unsupported by substantial evidence in the entire
record; or
(f) Arbitrary or capricious.
(8) Notice of Rate Change. Prior to implementation of any
increase in rates or charges for any service or equipment pro-
vided by Franchisee, Franchisee shall provide City and all
subscribers a minimum of thirty (30) days prior written notice of
such change. In addition, Franchisee shall send a press release
containing notice of such change to all newspapers of general
circulation in City at least thirty (30) days prior to the
implementation of such change. Franchisee shall cablecast
notice of such change on at least one channel of CATV system at
least hourly for at least thirty (30) days prior to the imple-
mentation of any rate change. Nothwithstanding anything set
forth in this Franchise Ordinance or any Subscriber Service
Contracts, subscribers shall have the right to order disconnec-
tion of cable service after notice of rate increase, but prior to
the date of that rate increase, without any notice to Franchisee.
This Section shall not prohibit Franchisee to require return of
any of Franchisee's equipment as part of an order to disconnect
cable service. No subscriber shall be billed for cable service
059- Section 9-714(7)(b)
received after an order for disconnection pursuant to this Sec-
tion.
(9) Current Rates. All current subscriber charges are set
forth in Exhibit attached and made a part hereto. Franchisee
shall maintain on file and available for public inspection at the
Municipal Building of City throughout the term of this Franchise
a listing of all current subscriber rates.
(Subsections 8 & 9 added by Ord. 1670, 1/6/86)
160 -
Section 9-714(8) cont.
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Section 9-715. Conditions of Public Property Occupancy.
(1) Approval of Proposed Construction. The Franchisee shall
first obtain the approval of the director of public works before
any construction is commenced on streets, alleys, sidewalks,
driveways, public grounds or places of the City. Application for
approval of construction shall be in a form specified by the
director of public works. The Franchisee shall give the City
reasonable written notice of proposed construction to allow coor-
dination of all work between the City and the Franchisee.
(2) Excavation Permits. A franchise 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
btained-a--permit to do so in the manner provided by ordinance.
(3) Changes Required by Public Improvements. The Franchisee
shall, at its expense, protect, support, temporarily disconnect,
relocate in or remove from a street, alley, sidewalk, driveway,
or public ground 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, power lines, signal lines,
tracks or any other type of structure, improvement or alteration
of public property.
(4) Facilities Not to Be Hazardous or Interfere. All wires,
conduits, cables and other property and facilities shall be so
A61- Section 9-715
located constructed, installed and maintained as not to endanger
or unnedessarily interfere with the usual and customary trade,
traffic and travel upon the streets, alleys, sidewalks, driveways
or public grounds and places of the City. The Franchisee shall
keep and maintain all of its property in good condition, order
and repair at any—r-eas.on-abletime 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 spe-
cified by the director of public works.
(5) Method of Installation. All wires, cables, amplifiers
and other property shall be constructed and installed in an
orderly and workmanlike manner. All cables and wires shall be
installed parallel with existing telephone and electric wires
whenever possible. Multiple cable configurations shall be
arranged in parallel and bundled, with due respect for engi-
neering and safety considerations. Any portion of a broadband
telecommunications network that is installed in a park or
publicly owned open space area shall be installed underground in
a manner approved by the City. All installations shall be
P62 -
Section 9-715(4) cont.
1
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1
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
Section 9-714.
(6) Protection of Facilities. Nothing 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.
(7) Notice of City Improvements. The City shall give the
Franchisee reasonable notice of plans for street improvements
where paving or resurfacing of a permanent nature is involved.
The notice shall contain the nature and character of the improve-
ments, the streets upon which the improvements are to be made,
the extent of the improvements and the date of commencement of
work. Notice shall be given a sufficient length of time in
advance to permit the Franchisee to make any additions, altera-
/463- Section 9-715(5) cont.
i
tions., or repairs to its facilities deemed necessary, considering
seasonal working conditions in advance of the actual commencement
of the work.
(8) Compliance with Codes. All construction, installation,
maintenance and operation of broadband telecommunications networks
or facilities shall comply with the provisions of the National
Electrical Safety Code as prepared by the National Bureau of
Standards, the National Electrical Code of the National Board of
Fire Underwriters, the Bell Telephone System Code of Pole Line
Construction, standards issued by the FCC or other federal or
state regulatory agencies, and local zoning regulations. Every
broadband telecommunications 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.
(9) Moving Wires. 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.
(10) 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
I64- Section 9-715(7) cont.
1
1
a
of trees from coming in contact with the wires and cables of the
company. All trimming shall be done under the supervision and
direction of the City and at the expense of the Franchisee.
(11) 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.
A65- Section 9-715(10) cont.
Section 9-716. Operation of the Franchise/Consumer Protection.
(1) 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.
(2) Repairs and Maintenance.
(a) 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.
(b) Interruption of Service. Whenever 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 reaso-
nable notice -to the—sub"scribers—affected. Allcosts =incur -r -ed
in effecting such tests, repairs, adjustments or installa-
tions shall be borne by the Franchisee unless otherwise pro-
vided by law, ordinance or regulation.
(c) Service Response and Rebate.
(1) 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 dy. The Franchisee shall also provide
prompt service response, seven days a week for all
A66- Section 9-716
1
1
a
1
1
complaints and requests for repairs or adjustments.
Calls received prior to 2:00 p.m. shall be answered the
same day. In no event shall the response time for calls
received subsequent to 2:00 p.m. exceed 24 hours.
(2) If the Franchisee fails to correct a CATV
System service deficiency within 24 hours, it shall
rebate or credit 1/30th of the monthly charge for "Cable
Service" to each subscriber for each 24 hours or frac-
tion 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 presented by strike, injunction or other
cause beyond the control of the Franchisee.
(3) Franchisee shall make every reasonable effort
to perform system service repair and maintenance at no
cost to the subscriber and a time convenient to
subscriber and in a timely manner. At a minimum,
Franchisee shall make service repair and maintenance
personnel available at least twelve (12) hours per week
outside of normal business hours.
(Subsections 2 & 3 added by Ord. )670, 1/6/86)
(3) Reports, Books and Records of Franchisee.
(a) City's Right to Audit. City shall have the right
to audit Franchisee's accounting and financial records upon
reasonable notice.
(b) Annual Report. Within one hundred twenty (120)
A67- Section 9-716 (2) (c) (1) cont.
days of the end of its fiscal year, including the year in
which the Franchise becomes effective, Franchisee shall file
with City an annual report consisting of the following:
(1) A sworn financial statement including a state-
ment of income, revenues, operating expenses, capital
expenditures, depreciation with an attached depreciation
schedule, interest paid, taxes paid and balance sheets
for the operating company consisting of the St. Louis
Park, Fridley, and Bloomington, Minnesota Cable Systems
and a certified statement of Gross Subscriber Revenues
of St. Louis Park CATV System. The St. Louis Park CATV
System revenue statement shall be in a form and manner
approved by City and shall delineate specific revenue
source categories and revenues.
(2) Current list of names and addresses of each
off -icer -and director and -other management personnel; as
well as each shareholder having stock ownership of three
percent (3%) or more.
(3) A copy of each document filed with all federal,
state and local agencies during the preceding fiscal
year and not previously filed with City.
(4) A statement of its current billing practices.
(5) A current copy of its access rules.
(6) A current copy of its subscriber service
contract.
/468- Section 9-716 (3) (b) cont.
(7) A statement listing all production equipment
provided for use with CATV System.
(8) A statement listing all production equipment
of Franchisee which will be utilized by more than one
(1) cable system.
(Subsection 3(1-8) added by Ord. 1670, 1/6/86)
(9) The requirements of Section 9-716(7) below.
(c) 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
determined reasonably necessary or appropriate by the City.
(di Report on -Complaints. TFie Franchisee shalI-report
to the City at least monthly, on written forms specified by
the City, the complaints received from subscribers during
each reporting period and such other matters as the City
shall determine. 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.
(e) Records and Property Available for Inspection. At
all reasonable times, the Franchisee shall permit any duly
authorized 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 records kept or maintained by the
R69- Section 9-716 (3) (b) (7)
Franchisee or under its control which deal with the opera-
tions, 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.
(f) Report on Channel Use; Notice. The Franchisee
shall maintain on file with the City a report stating the
network channel capaCity, listing the cable television chan-
nels 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 con-
ditions. When television stations are to be deleted or
added, the-C-ity-and-all subscribers -shall -be- notified --in
writing 30 days prior to the date of a deletion or addition.
(4) Rules of the Franchise. The Franchisee may promulgate
such rules, regulations, terms and conditions governing the con-
duct 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
A70 -
Section 9-716(3)(e) cont.
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of Minnesota or the United States. A current copy of such rules,
regulations, terms and conditions shall be filed with the City.
(5) Approval of Service Contract. If a written service
contract is used by a Franchisee in its dealings with subscri-
bers, the Franchisee shall obtain City approval of the form and
terms of the contract prior to entering into any such service
contracts. The Franchisee shall make no changes in the form or
terms of any such service contract without prior approval of the
City. The current length and terms of service contracts shall be
provided to City by Franchisee and maintained and available for
public inspection at Municipal Building of City. If no written
service—contract-is used -by Franchisee in its dealings with
subscribers, the Franchisee shall prepare in a format approved by
City, a written description of service offerings, rates, system
service policies, consumer inquiry and complaint practices and
marketing practices which shall be subject to approval by City,
to the extent authorized by federal law.
(Subsection 5 amended by Ord. 1670, 1/6/86)
(6) Filing Communications with Regulatory Agencies. Copies
of all petitions, applications and communications that are sub-
mitted 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 network operations within the City, shall also be
submitted simultaneously to the City by filing the same with the
City manager.
A71- Section 9-716(4) cont.
(7) Plan Filed. A Franchisee shall submit within 30 days
after commencement of service and in each annual report
thereafter, a plan stating the proposed number of channels which
will be devoted to network affiliated television stations, non -
network independent television stations, including educational
television stations, and channels to be devoted to locally origi-
nating programs. The plan shall also contain the following:
(a) An estimate of the total number of broadcast hours
per week per channel which the Franchisee proposes to devote
to local programming.
(b) The types of local programs it proposes to originate.
(c) A proposed programming schedule for locally origi-
nated channels.
(d) A description of the proposed marketing program.
(e) Plans for providing a duplex system and FM
multiplex -s e•reo-end'-music--chhannels.
(Subsection 7(a -e) amended by Ord. 1670, 1/6/86)
(f) Franchisee goals regarding subscribership, Basic/
Pay ratio, advertising and other revenue sources.
(Subsection "f" added by Ord. 1670, 1/6/86)
(8) Franchisee Assistance in Developing Public Uses. The
Franchisee shall assist the City in developing the full capabili-
ties of cable television for public use, including but not
limited to, its application to such public services as traffic
surveillance, monitoring flows in water and sewer lines,
measuring air pollution through sensor systems, public service
messages, training of personnel, fire and burglary detection,
A72- Section 9-716(7)
1
up
L
polling and surveying and data processing.
(9) Preferential or Discriminatory Practices Prohibited.
(a) The Franchisee shall establish and maintain an
Affirmative Action Program 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' Affirmative Action Program 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 established in the City's
Affirmative Action Program.
(b) The Franchisee shall not refuse cable television
service to any person or organization who requests such ser-
vice 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 campaigns to stimulate subscriptions to the
system 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 which any customer
A73 -
Section 9-716(8) cont.
coming within such classifications shall be entitled.
(c) The entire system of the Franchisee shall be
operated in a manner consistent with the principle of fair-
ness and equal accessibility of its facilities, equipment,
channels, studios, and other services to all citizens, busi-
nesses, public agencies, or other entities having a legiti-
mate use for the system; and no one shall be arbitrarily
excluded from its use; allocation of use of said facilities
shall be made
tory agencies
decisions are
according to the rules or decisions of regula-
affecting the same, and where such rules or
not effective to resolve a dispute between
conflicting users or potential users, the matter shall be
submitted for resolution by the City Council.
(Subsection 9 amended by Ord. 1670, 1/6/86)
(10) Subscriber Privacy. A Franchisee shall not, without
City approval, initiate or use any form or procedure or devise
for procuring infe mat -ton -or -data-from-cable system --subscribers'
terminals by use of the cable system.
Franchisee and City shall maintain constant vigilance with
regard to possible abuses of the right of privacy or other human
rights of any subscriber, programmer or general citizen resulting
from the operation of the CATV System. Franchisee shall not
place in any dwelling unit of subscribers any equipment capable
of two-way communications without the written consent of the
subscribers, and will not utilize the two-way communications
capability of the CATV System for unauthorized subscriber sur -
(Subsection 10 amended by Ord. 1670, 1/6/86)
(-474-
Section 9-716(9)(b) cont.
1
r
veillance of any kind.
(a) No signals of a Class IV cable communications chan-
nel may be transmitted from a subscriber terminal for pur-
poses of monitoring individual viewing patterns or practices
without the express written permission of the subscriber.
The request for such permission shall be contained in a
separate document with a prominent statement that the
subscriber is authorizing the permission in full knowledge of
its provisions. Such written permission shall be for a
limited period of time not to exceed one (1) year which shall
be renewed at the option of the subscriber. No penalty shall
be invoked for a subscriber's failure to provide or renew
such authorization. The authorization shall be revocable at
any time by the subscriber without penalty of any kind what-
soever. Such permission shall be required for each type or
classification of Class IV cable communications activity
planned for the purpose of monitoring individual viewing pat-
terns or practices.
(b) No information or data obtained by monitoring
transmission of a signal from a subscriber terminal, or any
other means, including but not limited to lists of the names
and addresses of such subscribers or any lists that identify
the viewing habits of subscribers shall be sold or otherwise
made available to any party other than to Franchisee and its
employees for internal business use, and also to the
F75- Section 9-716(10) cont.
subscriber subject of that information, unless Franchisee has
received specific written authorization from the subscriber
to make such data available.
(c) Written permission from the subscriber shall not be
required for conducting system wide or individually addressed
electronic sweeps for the purpose of verifying CATV System
integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the
provision set forth in paragraph (b) of this Section.
(d) For the purposes of this provision, a Class IV
cable communications channel means a signaling path provided
by CATV System to transmit signals of any type from a
subscriber terminal to another point in the communications
system.
(e) At the time of entering into an agreement to pro-
vide any-ea•ble-se•r-vice,- orother service -Y• -to a-subscrabei and
at least once a year thereafter, the Franchisee shall provide
notice in the form of a separate, written statement to such
subscriber which clearly and conspicuously informs the
subscriber of:
(1) the nature of personally identifiable infor-
mation collected or to be collected with respect to the
subscriber and the nature of the use of such
information;
(2) the nature, frequency, and purpose of any
476- Section 9-716(10(b) cont.
1
1
a
1
f
1
disclosure which may be made of such information,
including an identification of the types of persons to
whom the disclosure may be made;
(3) the period during which such information will
be maintained by the Franchisee;
(4) the times and place at which the subscriber
may have access to such information in accordance with
subsection (d); and
(5) the limitations provided by this section with
respect to the collection and disclosure of information
by Franchisee and the right of the subscriber under sub-
sections (f) and (h) to enforce such limitations. For
the purposes of this section, the term "personally iden-
tifiable information" does not include any record of
aggregate data which does not identify particular
persons.
(f) A cable subscriber shall be provided access to all
personally identifiable information regarding that subscriber
which is collected and maintained by a cable operator. Such
information shall be made available to the subscriber at
reasonable times and at a convenient place designated by
Franchisee. A cable subscriber shall be provided reasonable
opportunity to correct any error in such information.
(g) Franchisee shall destroy personally identifiable
information if the information is no longer necessary for
A77- Section 9-716(10)'(e)(2)
cont.
the purpose for which it was collected and there are no
pending requests or orders. for access to such information
under subsection (f) or pursuant to a court order.
(h) Any person aggrieved by any act of Franchisee in
violation of this section may bring a civil action in a
United States District Court or the District Court of
Hennepin County, Minnesota.
(1) The court may award:
(a) actual damages but not less than
liquidated damages computed at the rate of $100.00
a day for each day of violation or $1,000.00
whichever is higher;
(b) punitive damages; and
(c) reasonable attorneys' fees and other
litigation costs reasonably incurred.
(2)---'The--remedy provided—by-this section shall --be
in addition to any other lawful remedy available to a
cable subscriber.
(Subsection 10(a -h) added by Ord.,1670, 1/6/86)
(11) Ownership Interests Prohibited. No Franchisee shall
own directly or indirectly, any interest either in a newspaper,
or in a radio or television station that has any, significant
distribution or reception within the City.
(12) Service Continuation, Notification of Subscribers.
Before providing cable service to any subscriber, the Franchisee
shall notify the subscriber in writing that the Franchisee is
A78- Section 9-716(10)(g) cont.
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making use of the public right-of-way in the City to provide
cable television services; that the use of such rights-of-way 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.
(13) Removal of Roof Top Antenna. The Franchisee may not,
as a condition of service, remove and dispose of a roof top
antenna.
(14) Sale of Service of TV Receivers. Neither the Franchisee
during the period -of -the Fr`anchiee-nor any-"oi`itt--sub"sid-iaries
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 direc-
tion, 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.
(15) Use by Political Candidates. The Franchisee shall pro-
vide 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.
A79 -
Section 9-716(12) cont.
(16) Periodic Evaluation and Renegotiation Sessions. The
field of cable communications is a relatively new and rapidly
changing one which may see many regulatory, technical, financial,
marketing and legal changes during the term of this Franchise.
Therefore, in order to provide for a maximum degree of flexibility
in this Franchise, and to help achieve a continued advanced and
modern system, the following evaluation provisions will apply:
(a) City hereby is given the right to adopt rules and
regulations controlling the procedures as set forth below and
subjects for Evaluation and Renegotiation Sessions. In the
absence of any City action taken to exercise these rights,
Franchisee shall be subject to at least the procedures and
subjects described in this section.
(b) City may require, at its sole discretion, reasonable
Evaluation and Renegotiation Sessions in years five (5) and
ten (10) `of-Vthe Franchise and; in-addition`,--such-Evaluation
and Renegotiation Sessions shall be conducted at such times
as required by federal or state law. At a minimum, such
Evaluation and Renegotiation Sessions shall be conducted by
Commission in years five and ten after the grant of any
Franchise or renewal.
(c) To assist in evaluation, City may enlist an inde-
pendent consultant mutually agreed upon by City and
Franchisee to conduct an analysis of the CATV System and its
performance and to submit a report of such analysis to the
R80 -
Section 9-716(16)
r
City. All reasonable consultant fees and costs incurred as a
result of Evaluation and Renegotiation Sessions described in
Subsection (6) above shall be paid by Franchisee to the
extent allowable under applicable law. Such costs are con-
sidered additional and are not to be reimbursed from
franchise fees collected.
(d) Unless additional topics are agreed upon by
Franchisee and City, topics which may be discussed at any -
Evaluation and Renegotiation Session include:
1. Computer uses;
2. Service rate structures;
3. Interconnection;
4. Franchise fees;
5- Perratt re -s ; -
6. Free or discounted services;
7. Application of new technologies;
8. Technical standards;
9. System performance;
10. Services provided;
11. Programming offered;
12. Access channels, facilities and support;
13. Municipal uses of cable;
14. Educational uses of cable;
15. Use and promotion of institutional network;
16. Local origination;
17. Consumer protection;
18. Privacy;
19. Amendments to this Franchise;
20. Judicial rulings;
21. Government Agency rulings;
22. FCC rulings;
23. Line extension policies;
24w- Insurance -T--
25.
nsu-rance-;25. Franchisee rules;
26. City rules;
27. Construction of a separate institutional net-
work;
28. The need for providing installations and
contractual arrangements for additional data
bases and for additional bandwidth for data
transmission on the CATV System.
(e) During an Evaluation and Renegotiation Session,
081 -
Section 9-716(16)(e)
cont.
Franchisee shall fully cooperate with City and shall provide
without cost such information and documents as City may
request to reasonably perform evaluation and conduct renego-
tiation.
(f) If, as a result of the Evaluation and Renegotiation
Session,
evidence
or at any
exists of
require Franchisee
other time, City determines that reasonable
inadequate CATV System performance, it may
to perform tests and analyses directed
toward such suspected inadequacies at the Franchisee's own
expense. Franchisee shall fully cooperate with City in per-
forming such testing and shall prepare results and the report
prepared by Franchisee shall include at least:
1. A description of the problem in CATV System
performance which precipitated the special tests.
2. What CATV System component was tested.
- -3. --the--egt-pment--used—and—proce-dures--employed—in
testing.
4. The method, if any, by which such CATV System
performance problem was resolved.
5. Any other information pertinent to said tests
and analyses which may be required by City, or deter-
mined when the test is performed.
City may require that tests resulting from subsection (b)
above be supervised at Franchisee's expense by a consultant
designated by City. The consultant shall sign all records
A82- Section 9-716(16)(e)
cont.
1
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of special tests and forward to City such records with a
report interpreting the results of the tests and recom-
mending actions to be taken.
(g) As a result of an Evaluation and Renegotiation
Session, City or Franchisee could determine that a change in
the terms of the Franchise may be required, that the CATV
System or Franchise requirements should be updated, changed,
or that additional services should be provided. If the
change is consistent with the terms of this Franchise, the
needs of the City and existing state-of-the-art (or due to
regulatory, technical, financial, marketing, inflation or
legal---requ-irementsrand -implementation of a change would not
unreasonably add to the cost of providing cable communications
services, Franchisee and City will, in good faith, negotiate
the terms of the change and any required amendment to this
Franchise. Upon adoption of such a Franchise amendment, if
one is required, the change will become effective and
Franchisee shall accept same. In the event Franchisee fails
to negotiate a requested change of the City, the City may
enforce the.procedures of this section by any available
remedy.
(Subsection 16(a -g) addled -by -Ord: 1670, -1/6f8-6—
(17) Annual Opinion Survey.
-(a) Commencing in 1986 and annually thereafter,
Franchisee shall, no earlier than ninety (90) days and no
later than thirty (30) days prior to submitting its written
A83- Section 9-716(16)(f)
cont.
— _„—..u. A%.-Fysi.._..... _ .
annual report to City, conduct a survey prepared by
Franchisee which identifies the programming preferences of
subscribers and which identifies subscriber satisfaction or
dissatisfaction with the maintenance and complaint practices
of Franchisee.
(b) The survey and report shall be prepared and con-
ducted in conformity with such requirements, including super-
vision and review of the returned surveys, as the City may
prescribe.
(c) Each questionnaire shall be prepared and conducted
so as to provide a measurement of subscriber preferences for:
(1) Programming offered by Franchisee at the time
the survey is conducted; and
(2) Programming generally available to cable
subscribers nationally but not offered by Franchisee at
the ti-me--the-su-rvey-is--conducted-together-wi-th-=the
incremental cost per subscriber for providing such
programming.
(d) For the purposes of the preceding paragraph,
"incremental cost per subscriber" shall include necessary
additional equipment costs, programming costs and a fair rate
of return.
(e) Each questionnaire shall be prepared and conducted
so as to provide a measurement of subscriber satisfaction or
dissatisfaction with the maintenance and complaint practices
A84- Section 9-716(17)(a)
cont.
1
i
a
of Franchisee.
(f) Franchisee shall make reasonable good faith efforts
to promote subscriber awareness of the survey and the
programming generally available to cable subscribers but not
offered by Franchisee.
(g) The survey results shall be compiled and published
by Franchisee in a manner readily comprehensible to the
public and shall be made available for public review within
City at locations and times convenient to the public. Upon
request of City, Franchisee shall make the subscriber returns
available for City review and inspection.
(h)- Franchisee shall, together with its written annual
report, provide a written compilation report of the survey
results and report in writing what steps Franchisee is taking
to implement the findings of the survey.
(i) in the event twenty-five percent (25%) or more of
those surveyed report dissatisfaction with Franchisee's
maintenance and complaint practices, Franchisee shall have
sixty (60) days from the date that City receives such a
report to develop an action plan regarding new maintenance
and complaint practices, as approved by City. In the event
that Franchisee fails to carry out the responsibilites of
this Section, City may impose penalties for violations of
this Section.
(Subsection 17(a -i) added by Ord. 1670, 1/6/86)
,A85- Section 9-716(17)(e)
cont.
Section 9-717. Rights Reserved to the City; Resolution of Disputes.
(1) 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.
(2) Franchisee Agrees to City's Rights. The City reserves
every right and power which is required to be reserved or pro-
vided 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.
(3) City's_,Right__to_In,tex-ven.ti-on.—The-City--shall-,have---the
right to intervene and the Franchisee specifically agrees by its
acceptance of the Franchise not to oppose such intervention by
the City in any suit or proceeding to which the Franchisee is a
party.
(4) Powers of the City. Neither the granting of any
nor any provision governing the Franchise shall constitute a
waiver or bar to the exercise of any right of power of the City.
(5) Administration of Franchise. Subject to the control and
direction of the City Council, the City Manager of City, or City
A86- Section 9-717
r
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Manager's designee, shall be the designated administrator respon-
sible for the continuing administration of the Franchise.
(Subsection 5 added by Ord. 1670, 1/6/86)
(6) Resolution of Disputes and Appeal Procedures. The City
may do all things which are necessary and convenient in the exer-
cise 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 -appal may -be taken t� 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 ordi-
nance. The decision of the City Council shall be final.
(7) City's Transfer of Functions. Any right or power con-
ferred, or duly 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.
(Former Subsections 5 & 6 renumbered 6 & 7 by Ord. 1670, 1/6/86)
A87- Section 9-717(5) cont.
Section 9-718. Enforcement.
(1) Failure to Enforce Provisions. The Franchisee shall not
be excused from complying with any of the terms and conditions of
the Franchise by any failure of the City upon one or more occa-
sions to insist upon or to seek compliance with any such terms or
conditions.
(2) 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 be reimbursed to the City by the Franchisee.
Such costs shall include filing fees, costs of depositions,
discovery, and expert witnesses, all other expenses of suit, and
a reasonable attorney's fee.
(3) Letter of Credit.
(a) At the time this Franchise Section becomes effec-
tive, Franchisee shall provide an effective_irrevocable
Letter of Credit in a form and manner acceptable to City and
maintain at all times through the term of this Franchise,
such Letter of Credit in the amount of Fifty Thousand and
00/100 Dollars ($50,000) as a common security fund for the
faithful performance by it of all the provisions of this
Franchise and compliance with all orders, permits and direc-
tions of City and the payment by Franchisee of any claim,
liens and taxes due City which arise by reason of the
construction, operation or maintenance of the CATV System.
A88- Section 9-718
r
1
The City may utilize the Letter of Credit to obtain an
appropriate amount as authorized by this Section 9-718 from
after thirty (30) days notice of default of any Franchise
provision has been given to Franchisee by City. City
reserves the right, in its sole discretion, to reduce the
required amount of the Letter of Credit.
(b) If Franchisee fails to pay to City any taxes due
and unpaid; or, fails to repay to City, any damages, costs or
expenses which City shall be compelled to pay by reason of
any act or default of the Franchisee in connection with this
Franchise; or fails, after thirty (30) days notice of such
fad -lure -by -City to comply wit-h--any-prov-rs-rorr-of-the-FraIjLytise
which City reasonably determines can be remedied by an expen-
diture of the security, City may then seek to draw on the
Letter of Credit required by this Section to obtain such
funds.
(4) Penalties. In addition to any other remedies provided
in this Franchise, penalties for violations of this Franchise
are set forth below. In the event that the violations iden-
tified below occur and are not corrected by Franchise within the
time periods specified in paragraphs A -H below, the penalties
may be greater than the sums delineated herein and the penalties
stated below shall not be deemed the exclusive remedy of City.
As a result of any acts or omissions by Franchisee pursuant to
the Franchise, City may charge to and collect from the Franchisee,
R89 -
Section 9-718(3)(a)
cont.
by drawing on thge Letter of Credit set forth in Section 9-718
(3), or otherwise, the following penalties:
(a) For failure to complete CATV System construction in
accordance with the Franchisee's initial construction plan or
any Upgrade and Rebuild Plan approved by Franchisee and City,
unless City approves the delay, the penalty shall be Two
Hundred Dollars ($200.00) per day for each day, or part
thereof, such failure occurs or continues.
(b) For failure to provide, after ten (10) days notice,
data, documents, reports or information or to cooperate with
the City during a renewal process, CATV System Evaluation and
Renegotiation Session, or in the conduct of City's Franchise
enforcement and administration functions, the penalty shall
be Fifty Dollars ($50.00) per day.
(c) For failure to comply with any of the provisions of
this Franchise after ten (10) days notice, for which a
penalty is not otherwise specifically provided, the penalty
shall be Fifty Dollars ($50.00) per day.
(d) For failure to test, analyze and report on the per-
formance of the CATV System following a request by the City
as set forth in this Franchise and after ten (10) days
notice, the penalty shall be Fifty Dollars ($50.00) per day.
(e) For failure by Franchisee to modify the CATV System
or to provide additional services within the time required by
the City following a periodic Evaluation and Renegotiation
490 -
Section 9-718(4) cont.
1
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L
Session, the penalty shall be Two Hundred Dollars ($200.00)
per day.
(f) For failure of Franchisee to comply with the
construction, operation or maintenance standards thirty (30)
days following notice from the City, the penalty shall be Two
Hundred Dollars ($200.00) per day.
(g) For failure to provide, after ten (10) days notice,
the services Franchisee proposed pursuant to any renewal pro-
posal or pursuant to the broad categories of service required
by this Franchise, the penalty shall be One Hundred Dollars
($100.00) per day.
(h-)- For- fa ilu-re o-comply-wi tfi a11--co-ndtt ions -of -City
permits to disturb streets, fix streets, or other terms or
conditions of City, the penalty shall be Fifty Dollars
($50.00) per day.
(i) For failure to comply with any term or provision
set forth in the Acceptance and Capital Commitment Agreement
between the City and Franchisee dated January, 1986, the
penalty shall be Two Hundred Dollars ($200.00) per day.
(j) City, in its sole discretion, may stay or waive the
imposition of any penalties set forth above upon its finding
that such failures or delays are a result of acts of God or
circumstances beyond the reasonable control of Franchisee.
(5) Procedure for Imposition of Penalties. Whenever City
finds that Franchisee has violated one (1) or more terms, con-
R91- Section 9-718(4)(e)
cont.
ditians or provisions of this Franchise, a written notice shall
be given to Franchisee informing it of such violation or liabi-
lity. Franchisee may, within ten (10) days of notice, notify
City that there is a dispute as to whether a violation or failure
has, in fact, occurred. Such notice by Franchisee to City shall
specify with particularity the matters disputed by Franchisee.
(a) City shall hear Franchisee's dispute at a regularly
scheduled meeting of the City Council. City shall supplement
the decision with written findings of fact.
(b) Upon a determination by City that a violation or
liability exists, City may draw appropriate sums on the
Letter of Credit. Franchisee shall pay all costs associated
with hearings to the extent allowable under applicable law.
(c) The security fund deposited pursuant to this
Franchise shall become the property of City in the event that
the Franchise_...is..,cancelled by ,reason._of_ the—default of
Franchisee or revoked or terminated for cause. Franchisee,
however, shall be entitled to the return of such security
fund, or portion thereof, as remains on deposit at the
expiration of the term of the Franchise, or upon termination
of the Franchise at an earlier date, provided that such ter-
mination is not cause and there is then no outstanding
default on the part of Franchisee.
(d) The rights reserved to City with respect to the
security fund are in addition to all other rights of City
h92 -
Section 9-718(5) cont.
1
whether reserved by this Franchise or authorized by law, and
no action, proceeding or exercise of a right with respect to
such security fund shall affect any other right City may
have.
(Subsections 3, 4 & 5 added by Ord. 1670, 1/6/86)
f}93- Section 9-718 (5) (d) cont.
Section 9-719. Right of Amendment Reserved to City. The
Franchisee recognizes the right of the City to make reasonable
amendments 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.
494- Section 9-719
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Section 9-720. Renewal.
(1) Renewal Process.
(a) During the six-month period which begins with the
36th month before the Franchise expiration, the City may on
its own initiative, and shall at the request of the
Franchisee begin to conduct a franchise renewal process
established by the City consistent with this section. The
City shall, at a minimum, commence proceedings in a manner
determined by City to consider renewal of the Franchise.
Such proceeding shall afford the public appropriate notice
and participation for the purposes of:
(1) - idemrtfying—tht future' cable=related "community
needs and interests; and
(2) reviewing the performance of the Franchisee
under the Franchise during the then current Franchise
term.
(b) Upon completion of a proceeding under subsection
(a), the Franchisee seeking renewal of the Franchise may, on
its own initiative or at the request of City, submit a pro-
posal for renewal. Any such proposal shall be pursuant to a
Request for Proposal prepared by City and on forms prepared
by City and shall contain such material as the City may
require, including proposals for an upgrade of the cable
system. The City may establish a date by which such proposal
shall be submitted.
A95- Section 9-720
(c) Upon submittal by a cable operator of a proposal to
the City for the renewal of a Franchise, the City shall pro-
vide prompt public notice of such proposal and, during the
four-month period which begins on the completion of any pro-
ceedings under subsection (a), renew the Franchise or, issue
a preliminary assessment that the Franchise should not be
renewed and, at the request of the Franchisee or on City's
own initiative, commence an administrative proceeding, after
providing prompt public notice of such proceeding, in accor-
dance with paragraph (2) to consider whether:
(1) the Franchisee has substantially complied with
the material terms of the existing Franchise and with
applicable law;
(2) the quality of the Franchisee's service,
including signal quality, response to consumer
complaints„and,, billing-practices,._has_been_reasonable
in light of community needs;
(3) the Franchisee has the financial, legal, and
technical ability to provide the services, facilities,
and equipment as set forth in the Franchisee's proposal;
and
(4) the Franchisee's proposal is reasonable to
meet the future cable -related community needs and
interests, taking into account the cost of meeting such
needs and interests.
R96 -
Section 9-720(1)(c)
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(d) In any proceeding under paragraph (1), the
Franchisee shall be afforded adequate notice and the
Franchisee and the City shall be afforded fair opportunity
for full participation, including the right to introduce evi-
dence (including evidence related to issues raised in the
proceeding under subsection (a)), to require the production
of evidence, and to question witnesses. A transcript shall
be made of any such proceeding.
(e) At the completion of a proceeding under this sub-
section, the City shall issue a written decision granting or
denying the proposal for renewal based upon the record of
such—proceeding, an-d--tra-rrsmrt-a�cowy of`such—decision to the
Franchisee. Such decision shall state the reasons therefor.
(f) Any denial of a proposal for renewal shall be based
on one or more adverse findings made with respect to the fac-
tors described in subparagraphs (1) through (4) of subsection
(c), pursuant to the record of the proceeding under subsec-
tion (c).
(g) Franchisee shall reimburse City for all of City's
costs, including consultant and attorney's fees, incurred in
conjunction with consideration of a Franchise renewal prior
to the effectiveness of a renewal Franchise.
(2) Renewal Proposal. Notwithstanding the provisions of
subsections (1) above, Franchisee may submit a proposal for the
renewal of this Franchise pursuant to this subsection (a) at any
A97 -
Section 9-720(1)(d)
time,. and City may, after affording the public adequate notice
and opportunity for comment, grant or deny such proposal at any
time. The provisions of subsection (1) of this section shall not
apply to a decision to grant or deny a proposal under this sub-
section (2). The denial of a renewal pursuant to this subsection
shall not affect action on a renewal proposal that is submitted
in accordance with subsection (1).
(3) Preliminary Capital Commitment Agreements. In addition
to any requirements of City or offering of Franchisee which may
result from any Franchise renewal proceeding, Franchisee hereby
offers and commits to, at a minimum, no later than the last day
after the second full Construction Season, defined as April 15
through November 15 of any given calendar year, after the grant
of any renewal of the Franchise, the following:
(a) Franchisee shall have in operation a 400 MHz, fully
activated 54__channe1 system;
(b) Franchisee shall activate full one-way addressabi-
lity throughout the cable system and provide to each
subscriber a one-way addressable converter for each drop;
(c) Franchisee shall have in operation a stand-by power
system for its cable system head -end;
(d) Franchisee shall have in operation one additional
satellite dish attached to its cable system head -end to
receive additional satellite signals;
(e) Franchisee shall offer and commit facilities and
A98 -
Section 9-720(2) cont.
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equipment approved by City in support of public access of a
value of no less than fifty thousand dollars ($50,000.00);
(Subsections 1, 2 & 3 added by Ord. 1670, 1/6/86)
&99 -
Section 9-720(3)(e) cont.
(Former Section 9-720 renumbered to 9-721 and amended by Ord. 1670, 1/6/86)
Section 9-721. Expiration or Revocation of Franchise.
(1) Expiration; Extended Operation. Upon 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. All provisions of the Franchise
shall continue to apply to operations during an extension period.
The City shall serve written notice at the Franchisee's business
office of intent to extend under this sec -tion at least 30 days
prior to expiration.
(2) Grounds for Termination or Revocation. The City reser-
ves the right to terminate or revoke any Franchise and all rights
and privileges pertaining thereto in the following circumstances:
(a) Franchisee substantially violates any provision of
the Franchise;
(b)-Ig---a-petition is----f-Med-aby or -against -the--Franchisee
under the Bankruptcy Act, or any other insolvency or credi-
tors' rights law, state or federal and the Franchisee shall
fail to have it dismissed within 90 days;
(c) If a receiver, trustee or liquidator of the
Franchisee is applied for or appointed for all or part of its
assets;
(d) If the Franchisee becomes insolvent or makes an
assignment for the benefit of creditors;
(e) If any court of competent jurisdiction, the FCC, or
r�100- Section 9-721
any state regulatory body by rule, decision, or other action
determines that any provision of
unenforceable, in the opinion of
the Franchise being material and
the granting and the continuance
the Franchise is invalid or
the City all provisions of
essential provisions both to
of the Franchise, without
which the City would not have granted the Franchise. This
provision (e) shall not apply when and after the Franchisee
has commenced construction under 9-713(2).
(f) Franchisee attempts to evade any provisions of the
Franchise; or
(g) Franchisee practices any fraud or deceit upon the
City. -
(3) 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 and
allowing that thirty (30) day opportunity to remedy the occurrence,
find such facts and set a reasonable additional time in which the
Franchisee must remedy the occurrence. Written notice shall be
given of the decision by the Council. If the Franchisee fails to
remedy within the time specified, the Council may revoke or ter-
minate the Franchise after public hearing by repeal of the ordi-
nance. The repeal ordinance shall be effective not more than six
months after its adoption.
(4) Injunctive Relief. Pending final disposition of pro-
6101- Section 9-721(2)(e) cont.
ceedings to revoke a Franchise, or during a period of extension
of a Franchise after expiration, the City may obtain injunctive
relief to obtain complaince with the provisions of the Franchise
and maintain the continuity of service to subscribers. Such
relief shall be in addition to and not in lieu of other remedies
available to the City.
(5) Right of City to Purchase; Disposition of Facilities.
Upon expiration of the term of the Franchise, or upon receipt of
application for approval of an assignment of the Franchise or
upon change of control as set forth in Sections 9-703 (5) and
(6), or if renewal of this Franchise is denied the City shall have
the right to acquire the CATV System. Any such acquisition or
transfer shall be at fair market value, determined on the basis
of the CATV System valued as a going concern but with no value
allocated to the Franchise itself and shall be made pursuant to
the provisions of -Sect -tons -9-721 (8) -and -(9) below. --If.-the
Franchise held by Franchisee is revoked or terminated for cause
and the City determines to acquire ownership of the CATV System
or effects a transfer of ownership of the CATV System to another
person, any such acquisition or transfer shall be at an equitable
price.
(6) 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
0102- Section 9-721(4) cont.
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property of the CATV System 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, pledge, sale, pole agreement, or any other agreement con-
cerning any of the facilities or property, real or personal, of
the CATV System, where such transaction would be inimical to the
rights of the City under any Franchise if consummated without
adherence to the provisions of Subsections (a) and (b):
(a) Without the express approval of the City, which
shall--not-be- unreasonably-wifnneld;- and -
(b) 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 provi-
sion. The City may require such written assent to be con-
tained 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
A103- Section 9-721(6) cont.
Council shall determine what transactions may be inimical to
the rights of the City.
(Subsections 1 - 6 amended by Ord. 1670, 1/6/86)
(7) Sale or Transfer of Franchise.
(a) This Franchise shall not
transferred, either in whole or in
mortgaged in any manner, nor shall
be sold, assigned or
part, or leased, sublet or
title thereto, either
legal or equitable, or any right, interest or property
therein, pass to or vest in any person nor shall any fun-
damental corporate change, as defined by Minnesota Statutes,
be made without prior written approval of City and full
compliance with the procedure set forth in this section.
This section shall include sale or transfer of all or a
majority of a corporation's assets, merger (including any
parent and its subsidiary corporation), consolidation,
creation of a subsidiary corporation a fundamental corporate
change _ or sale_.or—transfer of stock in a_.corpora.tion-so_•as to
create a new controlling interest in the CATV System. The
term "controlling interest" as used herein is not limited to a
majority stock ownership but includes actual working control
in whatever manner exercised.
(1) The parties to the sale or transfer of this
Franchise shall make a written request to the City for
its approval of a sale or transfer of this Franchise.
(2) City shall reply in writing within thirty (30)
days of the request and shall indicate approval of the
1
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}104- Section 9-721 (6) (b) cont.
request or its determination that a public hearing is
necessary due to potential adverse effect on the
Company's subscribers or to consider City purchase of
the CATV System.
(3) If a public hearing is deemed necessary pur-
suant to (2) above, such hearing shall be commenced
within thirty (30) days of such determination and notice
of such public hearing shall be given pursuant to
Minnesota law.
(4) Within thirty (30) days after the public
hearing, the City shall approve or deny in writing the
s-a1e or—trans-f-e-r--rearrest;- and—dete-z,ri-ne--wh ttto
exercise its first right of refusal to purchase CATV
System. If City determines to purchase System pursuant
to Section 9-721(8) below, City and Franchisee shall
make every effort to complete such transactions within
One Hundred Eighty (180) days after such determination.
Approval pursuant to this Section shall not be unreason-
ably withheld and any sale or transfer of CATV System
shall be completed pursuant to Minnesota Statutes
Section 238.083.
(5) The City and Franchisee shall submit documen-
tation to the Minnesota Commissioner of Commerce cer-
tifying that this Franchise and the transfer request
review process followed conform to Minnesota Statutes
A105- Section 9-721 (7) (a) (2)
cont.
Chapter 238.
(6) Franchisee, upon transfer approved by City,
shall within sixty (60) days thereafter file with the
City a copy of the final deed, agreement, mortgage,
lease or other written instrument evidencing such sale,
transfer of ownership or control or lease, certified and
sworn to as correct by the Franchisee.
(7) City reserves the right, upon request for
approval of a sale or transfer to impose an acceptance
fee, in its sole discretion, upon the Franchisee or per-
son or entity to whom a sale or transfer is made, as is
then legally allowed.
(b) In reviewing a request for sale or transfer pur-
suant to Section A above, the City may inquire into the
qualifications of the prospective controlling party, and
Franchisee , shall,...ass.ist._t.he City.in_soe..inqu.ix_in.g..__....The—City
may condition said transfer upon such terms and conditions as
it deems appropriate. In no event shall a transfer or
assignment of ownership or control be approved without the
transferee becoming a signator to this Franchise.
(8) City Right to Purchase System Upon Receipt By Franchisee
of a Bonafide Offer. In addition to and in conjunction with
Sections 9-721(5)(6) and (7) above, City shall be entitled to a
right of first refusal of any bonafide offer to purchase the
CATV System made to Franchise. Bonafide offer as used in this
R106 -
Section 9-721 (7) (a) (5)
cont.
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Section means an offer received by Franchisee that it intends to
accept. In the event City decides to purchase pursuant to this
Section, the price shall be at fair market value determined on
the basis of the CATV System value as a going concern but with
no value attributed to the Franchise itself. In the event that
the bonafide offer which Franchisee intends to accept is either
cash or cash payable over a period of time, fair market value
shall be the net present value of the bonafide offer. Fair
market value may, at City's election, be deemed to be the bona-
fide
ona-fide offer.
(9) Procedures for Exercise of First Right of Refusal. In
the event City elects to exercise its right -td purchase -the CATV
System as provided in this Franchise, the following shall then
apply:
(a) City and Franchisee shall negotiate all terms and
conditions of the purchase of the CATV System.
(b) If City and Franchisee cannot agree upon the terms
and conditions of the purchase, City shall have the right to
proceed to arbitration. Arbitration shall commence and
proceed according to the Rules of the American Abitration
Association and applicable Minnesota law except as
follows:
(1) The parties shall, within fifteen (15) days of
City's decision to proceed to arbitration, appoint one
arbitrator each who is experienced or knowledgeable in
4107 -
Section 9-721(8) cont.
the field of cable communications systems and purchase
and valuation of business property. Arbitrators shall
each agree upon the selection of a third arbitrator,
similarly qualified, within fifteen (15) days after
appointment of second arbitrator.
(2) Within thirty (30) days after appointment of
all arbitrators and upon ten (10) days written notice to
parties, the arbitrators shall commence a hearing on the
terms and conditions of the purchase in dispute.
(3) The hearing shall be recorded and may be
transcribed at the request of either party. All hearing
proceedings, debates and deliberations shall be open to
the public and at such times and places as contained in
the notice or as thereafter publicly stated in the order
to adjourn.
(4 )_ The arb_itr_ation__panel shall be__required, _to
determine the purchase price of the CATV System
according to the standards established in Section
9-712(6) above.
(5) At the close of the hearings and within thirty
(30) days, the arbitrators shall prepare written find-
ings and make a written decision agreed upon by a
majority of the arbitrators which shall be served by
mail upon City and Franchisee.
(6) The decision of a majority of the arbitrators
a108- Section 9-721 (9) (b) (1)
cont.
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shall be binding upon both parties except that City may,
in its sole discretion and without any penalty or cost
to City of any kind, withdraw its offer to purchase
within ninety (90) days of receipt of the_final decision
of a majority of the arbitrators.
(7) Either party may seek judicial relief to the
extent authorized under Minnesota Statutes, M.S.A.
572.09 and 572.19 as the same may be amended, and, in
addition, under the following circumstances:
(A) A party fails to select an arbitrator;
(B) The arbitrators fail to select a third
arbitrator; -
(C) One or more arbitrator is unqualified;
(D) Designated time limits have been exceeded;
(E) The arbitrators have not proceeded
expeditiously; or
(F) Based upon the record, the arbitrators
abused their discretion.
(8) In the event a Court of competent jurisdiction
determines the arbitrators have abused their discretion,
it may order the abritration procedure repeated and
issue findings, orders and discretions, with costs of
suit to be awarded to the prevailing party.
(9) cost of arbitration shall be borne equally.
(c) Franchisee expressly waives its rights, if any, to
/9109 -
Section 9-721 (9) (b) (6)
cont.
relocation costs that might otherwise be provided by law.
(d) The date of valuation shall be no later than the
date City makes a written offer for the CATV System.
(Subsections 7, 8, 9 added by Ord. 1670, 1/6/86)
(10) Restoration of Property Removal. 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 Section
9-708 and the security for performance provided in Section 9-707
shall continue in full force and effect during the period of
removal.
Upon termination or forfeiture of Franchise, Franchisee shall
remove its cable, wire and appliances and all other components at
CATV System from the streets, alleys, and other public places
within City, if City so requests. The City shall have a right
to all available remedies, including drawing on Franchisee's
Letter of Credit required by Section 9-718(3) of this Franchise,
in order to enforce the requirements of this Section 9-721(10).
(Former Subsection 7 renumbered 10 and amended by Ord. 1670, 1/6/86)
Section 9-721 (9) (b) (9)
cont.
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Section 9-722. Abandonment. Franchisee may not abandon the CATV
System without having first given three (3) months written notice
to the City having first been approved by the City after reaso-
nable opportunity to review. Upon showing by Franchisee of need
for abandonment and an opportunity for the City to determine
other areas for the continuity of service, the City shall eva-
luate any damage, claim or loss that may be applicable as a con-
sequence of such abandonment. In order to accomplish this, the
City shall conduct a public hearing after providing reasonable
notice to all affected persons as to the date, time and place of
the hearing. Thereafter, before abandonment occurs, the City
s -h a4-1— no t i y—the—F r -a n e rs c -c of i t-s—d a r:ir+-rta-i-i-e;r--arrd—of —a rry—p e -r -
son, firm or corporation, including City entitled to damages and
the amount and basis therefor. Franchisee may not abandon a
cable communications service without compensating City for
damages resulting to it from the abandonment.
(Section 9-722 added by Ord. 1670, 1/6/86)
A111- Section 9-722
Section 9-723. Unauthorized Connections. It shall be unlawful
for any person to make an unauthorized connection, whether physi-
cally electrically, acoustically, inductively or otherwise, with
any part of a franchised broadband telecom-munications network
within the City for the purpose of taking or receiving television
signals, radio signals, pictures, programs, or sound.
(Former Section 9-721 renumbered 9-723 by Ord. 1670, 1/6/86)
4112 -
Section 9-723
41
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Section 9-724. Citizens Cable Advisory Committee. There is
hereby established as an advisory committee to the City, a
Citizens Cable Advisory Board.
(1) Composition. The committee shall be composed of citizen
volunteers as appointed by the City Council with their discipli-
nes and numbers being determined by the City.
(2) Purpose. The committee shall be responsible for recom-
mending to the City Council programs for stimulating and pro-
moting public interest and participation in the educational,
public access and local origination channels and shall be further
responsible for recommending procedures for the utilization of
these-chann-el-s. In` addition; the committee- shall -advise and -make
recommendations as requested by the City Council on specific mat-
ters affecting the broadband telecommunications network within
the City including its future inter -connections with surrounding
communities.
(Former Section 9-722 renumbered 9-724 by Ord. 1670, 1/6/86)
A113- Section 9-724
Section 9-725. Application for a Franchise. Applications for a
franchise shall be filed with the City clerk in accordance with
instructions promulgated by the City and shall contain the
following information and provisions:
(1) The name and business address of the applicant, date of
application and signature of applicant or appropriate corporate
officer.
(2) Payment of the required filing fee.
(3) Bid bond in the amount of $25,000 either as a cash
deposit or as a certified check.
(4) 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 telecommuoi_oatio.ns—network.
(5) A general description of the applicant's proposed opera-
tion, including a description of the proposed service area.
(6) A statement of the television and radio services pro-
posed, including both off -the -air and locally originated signals.
(7) A statement setting forth a description of the televi-
sion channels and programming 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.
A114 -
Section 9-725
(8) A statement of the applicant's proposed schedule of
charges.
(9) A statement detailing the corporate organization of the
applicant, if any, including the names and addresses of its offi-
cers and directors and the division of shares between
shareholders.
(10) A statement describing all intra -company relationships
of the applicant including parent, subsidiary or affiliated
companies.
(Former Section 9-723 renumbered 9-725 and amended by
Ord. 1670, 1/6/86)
A115 -
Section 9-725(8)
Section 9-726. 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.
(Former Section 9-724 renumbered 9-726 by Ord. 1670, 176/86)
A116- Section 9-726
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Section 9-727. Severability. Subject to the provisions of
Section 9-720 (1) (e), if any section, subsection, sentence,
clause or phrase of the Franchise Ordinance, or of this ordinance
is determined to be illegal, invalid or unenforceable by any
court of
body, by
competent jurisdiction, the FCC,
rule, decision, or other action,
or any state regulatory
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 required of the Franchisee.
(Former 9-725 renumbered 727 by Ord. 1670, 1/6/86)
Section 9-727
Section 9-728. Short Title. The ordinance shall be known and
may be cited as the "Cable Regulation Ordinance."
(Former Section 9-726 renumbered 728 by Ord. 1670, 1/6/86)
R118- Section 9-728
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Cable Television Granting Ordinance
Section 9-751. Purposes. The City has determined that it is
desirable and to the advantage of the citizens of St. Louis Park
to grant a broadband telecommunications network franchise.
During the course of full public proceedings including prolonged
investigation and extended public hearings which afforded reason-
able notice and a reasonable opportunity to be heard, the City
Council has considered the needs of the City and the technical
ability, financial condition, legal qualification, experience,
capability, qualifications, character and reputation of the
various applicants, as well as the adequacy and feasibility of
their -construction arrangements -"and-their plans for programming.
As a result, the City Council finds it is in the public interest
to grant a franchise to the company.
(Section 9-751 amended by Ord. 1670, 1/6/86)
A119- Section 9-751
Section 9-752. Grant of Franchise. Pursuant to the provisions
of Ordinance No. 1197 and pursuant to the charter of the City of
St. Louis Park, a non-exclusive franchise is granted to Storer
Cable for the right and privilege of constructing, operating and
maintaining in, on, over, under and across the streets, alleys,
sidewalks, driveways--end--ptH 1-ic grams--end-pi-aces--Of--tire--'Eit-y-a
broadband telecommunications network, including all poles, pole
lines, conduits, fixtures and appurtenances, for the purpose of
the transmission of CATV and other services, electrical impulses
of television, radio and other intelligences, either analog or
digital, and for private and public use in and to the City and
its residents. The terms of this Franchise shall include the
provisions of Ordinance 1197 as amended, "An Ordinance Setting
Forth Terms and Conditions for the Installation, Maintenance and
Operation of the Broadband Telecommunications Network (BTN) for
the transmission of CATV and Other Intelligences, Either Analog
or Digital, for Sale or Use by Inhabitants of the City of St.
Louis Park, Minnesota."
(Section 9-752 amended by Ord. 1670, 1/6/86)
(Sections 9-753, 9-754 and 9-755 deleted by Ord. 1670, 1/6/86)
A120 -
Section 9-752
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Section 2. Violations and Penalty. Any person violating any
provision of this ordinance shall be found guilty of a misdemeanor
and penalized as defined in Section 2-203 of the St. Louis Park
Ordinance Code.
Section 3. Effective Date. This ordinance shall take effect
15 days after its publication (January 28, 1986 effective date).
Adopted by the City Council January 6, 1986.
viewed for administration:
y Manager
Approvedas_to_form �egality:
�
City ttor ey
121
Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
*TATE OF MINNESOTA)
ss
COUNTY OF HENNEPIN)
Donald K. Mortenson , being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
St. Louis Park Sailor , and has full knowledge of the facts which
are stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended
(B) The printed
Ordinance No.1670-86
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for one successive weeks, it was first published on Monday , the 13 day
of January , 19 8 6 and was thereafter printed and published on every to
•nd including , the day of 19—, and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice
abcdefghilklmnopgrstu%
Subscribed and sworn to before me on this
n116 day of Jan , 19 8 6
Awa zila_tt_e-ii
No
ry P`' MERIDEL M. HEDBLOM
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commission expires July 2, 1986
BY
477-41
TITLE Operations Manager
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
210 per line
(Line, word, or inch rate)
36.5e per line
(Line, word, or inch rate)
35C per line
(Line, word, or inch rate)
(Official Publication)
Summary
ORDINANCE NO 1870-86
AN ORDINANCE AMENDING THE
CABLE REGULATION
ORDINANCE
Summary This ordinance amends
the cable regulation ordinance to con-
form with State and Federal require-
ments and establishes new provisions
pertaining -to consumer protection,
technical standards and enforcement
of the franchise
Effective Date This ordinance
shall take effect 15 days after Its
publication
Adopted by the City Council
January 6, 1988
(8) LYLE HANKS
Mayor
A copy of the full text of this or-
dinance is available for inspection
with the City Clerk
(Jan 13, 1986) -SLP