HomeMy WebLinkAboutO-2002-035 ORDINANCE NO. 2002-035
AN ORDINANCE OF THE CITY OF DANIA BEACH,
FLORIDA, PERTAINING TO CABLE TELEVISION;
AMENDING CHAPTER 22 BY CREATING ARTICLE V
ENTITLED CABLE TELEVISION AND OPEN VIDEO
SYSTEMS; PROVIDING THE TERMS AND CONDITIONS
FOR THE OPERATION OF CABLE TELEVISION AND
OPEN VIDEO SYSTEMS THAT USE THE CITY'S RIGHTS-
OF-WAY; PROVIDING DEFINITIONS; PROVIDING FOR
REQUIREMENTS FOR THE GRANT OF FRANCHISES;
PROVIDING FOR MINIMUM FACILITIES; PROVIDING
APPLICATION PROCEDURES; PROVIDING FOR
CUSTOMER SERVICE STANDARDS; PROVIDING FOR
ENFORCEMENT AND ADMINISTRATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CITY CODE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission ("Commission") has determined it is in the public
interest of the City of Dania Beach (the "City") to permit the operation of one or more cable
television systems in the City; and
WHEREAS, one cable operator is currently occupying the City's public rights-of-way
and operating a cable system pursuant to two (2) franchises granted or approved by the City; and
WHEREAS, it is the intent of the City to exercise its authority as a local franchising
authority to the fullest extent allowed by federal Law, the Florida Constitution, its Home Rule
powers, Florida Law and the City's Charter; and
WHEREAS, cable services have expanded into bundling cable television with other
services, and is a rapidly growing and significant participant in the communications industry
offering a wide variety of video programming, pay-per-view movies, two-way interactive
programming, digital music service, Internet access, local and long distance telephone service,
and other broadband communications services; and
566020/Ordinances/CableTelevision6-17-02 I ORDINANCE NO.2002-035
WHEREAS, federal and state law has encouraged competition to the point that
ie
communities are often no longer being serviced b only one provider of cable service; rather,
g g Y Y p >
competition among providers of cable services is favored by local governments striving to assure
that their residents are given the opportunity to receive higher quality and more services at lower
rates; and
WHEREAS, the availability of such a wide variety of broadband services, often
provided by competitors in the marketplace, necessitates the development of a cable ordinance
providing regulations, procedures, and guidelines governing cable services franchisees in the
City; and
WHEREAS, a master cable television ordinance will provide for a level playing field
among competing cable television and other broadband service providers; and
WHEREAS, it is in the best interests of the health, safety and general welfare of the
• citizens and residents of the City of Dania Beach to enact a comprehensive ordinance governing
cable television and open video system franchisees and the administration of such franchises, and
establishing minimum service requirements, consumer protection, and construction standards;
and
WHEREAS, providers and potential providers of cable television and other broadband
services as well as residents of the City have had an opportunity to provide input with respect to
the provisions of a comprehensive ordinance; and
WHEREAS, the Commission has determined that adoption of a comprehensive cable
television and open video systems ordinance is in the interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, THAT:
566020/Ordinances/CableTelevision6-17-02 2 ORDINANCE NO.2002-035
Section 1. That Chapter 22, entitled "Streets and Sidewalks", of the City Code of
mended to create Article V
Ordinances, is a , to read as follows:
Article V. Cable Television and Open Video Systems Ordinance
Section 22-90. Short Title. This Article shall be known and may be cited as the
"Dania Beach Cable Television and Open Video Systems Ordinance."
Section 22-91. Intent and Purpose.
A. It is the intent of the City and the purpose of this Article:
(1) To promote the public health, safety, and general welfare by providing for the grant of
one or more franchises for the construction and operation of a cable system or cable systems
and open video systems within the City;
(2) To provide for the regulation, to the full extent provided for by law, of each cable system
and open video system within the City in the public interest;
(3) To provide for the payment of fees and other valuable consideration by a
Franchisee to the City for the use of City's rights-of-way;
(4) To promote the widespread availability of quality cable services to the City's
residents and businesses, the City, and other public institutions;
(5) To encourage the development of cable and other communications technologies
as a means of communication between and among members of the public, businesses, the
City, and other public institutions;
(6) To promote competition in cable rates and services;
(7) To promote the safe and efficient use of the City's rights-of-way; and
•
566020/Ordinances/CableTelevision6-17-02 3 ORDINANCE NO.2002-035
(8) To encourage the provision of a diversity of information sources to residents,
• businesses, the community, the City, and other public institutions by cable technology.
B. Recognizing the continuing development of communications technology and
uses, it is the policy of the City to encourage experimentation and innovation in the development
of cable system and open video system uses, services, programming, and techniques that will be
of general benefit to the community to the extent all such experiments and innovations are
consistent with applicable laws.
DIVISION I -- GENERAL PROVISIONS
Section 22-92. Definitions.
For the purpose of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning. 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 words "shall" and
"will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any
Franchise Agreement that might be granted hereunder shall be given the meaning set forth in the
Communications Act of 1934, 47 U.S.C. §521 et seq., and the Telecommunications Act of 1996,
codified at 47 U.S.C., as amended and, if not defined therein, their common and ordinary
meaning:
A. "Access Channel' means any channel on a cable system set aside without charge
by a Franchisee for non-commercial, educational and/or local governmental use.
B. "Activated Channel" means those channels engineered at the headend of a cable
system for the provision of services generally available to subscribers of the cable system,
regardless of whether such services actually are provided, including any Access Channels.
•
566020/Ordinances/CableTelevision6-17-02 4 ORDINANCE NO.2002-035
C. "Affiliate" means any person who owns or controls, is owned or controlled by, or
• is under common ownership or control with a franchisee.
D. "Applicant" means any person submitting an application within the meaning of
this Ordinance.
E. "Application" means any proposal, submission or request to (1) construct and
operate a cable system or open video system within the City; (2) transfer a franchise or control of
the Franchisee; (3) assign a franchise; (4) renew a franchise; (5) modify a franchise; or (6) seek
any other relief from the City pursuant to this Ordinance, a Franchise Agreement, the Cable Act,
or other applicable law. An Application includes an applicant's initial proposal, submission or
request, any and all subsequent amendments or supplements to the proposal and relevant
correspondence, and all written and oral representation and/or material made or provided by
Franchisee whether in writing, in a public hearing, or in any other type of correspondence
between the City and Franchisee or the Franchisee and any other person.
F. "Basic Cable Service" or "Basic Service" means any service tier that includes
local television broadcast signals, and Access Channels. "Basic Cable Service" as defined herein
shall be consistent with 47 U.S.C. §543(b)(7), as may be amended from time to time.
G. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C.
§151 et seq., as that Act has been amended by the Cable Television Consumer Protection and
Competition Act of 1992, Pub. L. No. 102-385, and the Telecommunications Act of 1996, Pub.
L. No. 104-104, codified at 47 U.S.C., and as may be amended from time to time.
H. "Cable Service" means the transmission of video or other programming services
to subscribers together with any subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming services. Cable Service shall include
•
566020/Ordinances/CableTelevision6-17-02 5 ORDINANCE NO.2002-035
entities that provide cable service in their communities, regardless of whether the entity is a cable
operator, an Open Video System ("OVS") provider, or another form of video service provider,
which utilizes part or all of public rights-of-way.
I. "Cable System", "Cable Television System", or "System," means any facility
consisting of a set of closed transmission paths or other transmission lines or forms of terrestrial
transmission and associated signal generation, reception and control equipment that is designed
to provide Cable Service which includes video programming and which is provided to multiple
subscribers within the City. Such term does not include (a) a facility that serves only to
retransmit the television signals of one or more television broadcast stations; (b) a facility that
serves subscribers without using any public rights-of-way; (c) a facility of a common carrier that
is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934,
47 U.S.C. § 201 et seq., except that such facility will be considered a Cable System to the extent
• it is used in the transmission of video programming directly-to subscribers, unless the extent of
such use is solely to provide interactive on-demand services; (d) an open video system that
complies with Section 653 of the Telecommunications Act of 1996, 47 U.S.C. § 573; or (e) any
facilities of any electric utility used solely for operating its electric utility systems. The foregoing
definition of"Cable System" shall not be deemed to circumscribe the valid authority of the City
to regulate the activities of any other communications system or provider of communications
services, including but not limited to telephony and open video systems.
J. "Channel" means a portion of the electromagnetic spectrum that is capable of
carrying one industry standard video signal, in either analog or digital form.
566020/Ordinances/CableTelevision6-17-02 6 ORDINANCE NO.2002-035
K. "City" means the City of Dania Beach, a municipal corporation of the State of
Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
L. "Complaint" means any oral, written or electronic inquiry, allegation or assertion
made by a person regarding Service, a franchisee or System operations.
M. "Control of a Franchisee or Applicant" means possessing the ability to direct
or cause the direction of the management or policies of a Franchisee or Applicant, or the
operation of a Franchisee's Cable System or Open Video System, whether through operational
control in whatever manner exercised or ownership of voting securities, by contract or
understanding, or in any other manner.
N. "Drop" means the cable or cables that connect the subscribers of the System to
the distribution System.
O. "Equitable Price" means the fair market value adjusted downward to account for
harm to the City or subscribers, if any, resulting from a Franchisee's breach of its Franchise or
violation of this Article, and as further adjusted to account for other equitable factors that may be
considered consistent with the Cable Act, 47 U.S.C. §547.
P. "Fair Market Value" means the price that a willing buyer would pay to a willing
seller for a Cable System or Open Video System valued as a going concern but with no value
allocated to the franchise itself.
Q. "FCC" means the Federal Communications Commission, or any successor
governmental entity.
R. "Franchise" means the right granted by the City to a Franchisee in a Franchise
Agreement to construct, maintain and operate a Cable System or Open Video System under, on,
566020/Ordinances/CableTelevision6-17-02 7 ORDINANCE NO.2002-035
and over streets, roads and any other public ways, rights-of-ways, or easements within the City.
• The term does not include any license or permit that may be required by this 'Ordinance or other
laws, ordinances or regulations of the City for the privilege of transacting and carrying on a
business within the City or for construction or carrying out any work on any street.
S. "Franchise Agreement" means a contract entered into in accordance with the
provisions of this Ordinance between the City and a Franchisee that sets forth the terms and
conditions under which the Franchise will be exercised.
T. "Franchisee" means any person granted a Franchise pursuant to this Ordinance
who has entered into a Franchise Agreement with the City.
U. "Gross Revenues" means, to the extend allowed by applicable law, all revenues
recognized in accordance with Generally Accepted Accounting Procedures (GAAP) generated
directly or indirectly by the Franchisee and, any Affiliates, subsidiaries or parent of the
Franchisee from any source whatsoever arising from, attributable to, or in any way derived from
the operation of the Cable System to provide Cable Services within the City. By way of
illustration, Gross Revenues include, but are not limited to, fees charged for Basic Service; fees
charged for any optional, premium, per-channel or per-program Service; fees charged for any tier
of Service other than Basic Service; installation, disconnection, reconnection and change-in-
service fees; late fees; leased access fees; revenue from cable Internet service (unless the FCC
determines in a final binding order that such service is not a Cable Service), payments or other
consideration from programmers for carriage of programming on the System including, but not
limited to Infomercials (excluding marketing support provided for the launch of new services on
the System to the extent such funds are not considered revenue under GAAP); net launch fees,
revenue from converter, remote, modem or any other equipment rentals or sales; revenues from
566020/Ordinances/CableTelevision6-17-02 8 ORDINANCE NO.2002-035
studio and studio equipment rental; revenues from leases of cable or fiber optic lines and other
• transmission devices and equipment; revenues from transmission of data; revenues from
consumer products including but not limited to cable guides; and advertising revenues allocable
to the City based on a percentage of subscriber base in the City divided by the subscriber base of
the System. Such percentage will then be multiplied by the System's total advertising revenue to
determine the allocable Gross Revenue stemming from advertising; revenues from home
shopping channels or other sources allocable to the City, provided that where certain home
shopping channel or other such revenue is allocable to more than one franchise area due to
common zip codes, the Franchisee will allocate the percentage of revenue to the City which is
equivalent to the percentage of the City's population divided by the total population for the
allocable Franchise Areas in question. Gross Revenues shall be the basis for computing the
Franchise Fee imposed pursuant to this Article. Gross Revenues shall not include any taxes on
services furnished by the Franchisee which are imposed upon any Subscriber or user by the state,
county, City or other governmental unit and collected by the Franchisee on behalf of said
governmental unit and which the Franchisee passes on in full to the applicable tax authority or
authorities. However, it is hereby expressly provided that unless otherwise prohibited by
applicable law, Franchise Fees shall be included in the calculation of Gross Revenues. The
definition of"Gross Revenues" contained herein is subject to Florida and federal Law, and shall
only apply if the City is able to charge and collect Franchise fees, pursuant to this Article and a
Franchise Agreement.
V. "Initial Franchise" means an initial authorization issued by a franchising
authority which authorizes the construction and/or operation of a Cable System and which
expressly states that such authorization is intended as a cable Franchise.
•
566020/Ordinances/CableTelevision6-17-02 9 ORDINANCE NO. 2002-035
W. "Institutional Network or I-Net" means a voice, data and/or video
• communications network constructed, operated and/or maintained b a Franchisee for the City,
p Y Y
the transmissions on which are generally available only to, and intended to be sent and received
by, governmental and other users other than subscribers.
X. "Interconnection" means the electronic connection of two or more Cable
Systems for the purpose of sharing programming on Access Channels.
Y. "Law" means all duly enacted federal, Florida, Broward County and City laws,
ordinances, codes, rules, regulations and orders.
Z. "Leased Access Channel" means a Channel designated in accordance with
Section 612 of the Communications Act, 47 U.S.C. §532, for commercial use by persons
unaffiliated with the Franchisee.
AA. "License" means the legal authorization, terminable at will, to use particular and
limited portions of the Public Rights-of-Way.
BB. "Open Video System" or "OVS" means a facility consisting of a set of
transmission paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service, which includes video programming, which is provided to
multiple subscribers within a community, and which the FCC has certified as compliant with
Part 76 of the Rules of the FCC, 47 C.F.R., Part 76, as amended from time-to-time.
CC. "Overbuild" means a Cable System or OVS constructed to serve Subscribers
already served by an existing Cable System or OVS.
DD. "Person" means any individual, corporation, partnership, association, joint
venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee,
transferee or personal representative thereof, but shall not mean the City.
566020/Ordinances/CableTelevision6-17-02 10 ORDINANCE NO.2002-035
• EE. "Public Rights-of-Way" means the surface, the air space above the surface and
the area below the surface of any public street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, waterway, dock, bulkhead, wharf,
pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or
public place, including public utility easements dedicated for compatible uses, or any other
property in which the City holds any kind of property interest or over which the City exercises
any type of lawful control, and any temporary or permanent fixtures or improvements located
thereon, as may be ordinarily necessary and pertinent to construct and operate a Cable System or
OVS. Public Rights-of-Way do not include buildings, parks, or other property owned or leased
by the City.
FF. "Renewal of a Franchise" means renewal of an authorization issued by the City,
which authorizes the upgrade or continued operation of a Cable System or OVS for an additional
term.
GG. "Service Interruption" means any interference with Cable Service so as to
interrupt the audio or video portion of the transmission.
HH. "Service Tier" means a category of Cable Service provided by a Franchisee and
for which a separate charge is made by the Franchisee.
II. "State of the Art" means that level of production facilities, technical
performance, capacity, equipment, components and Service equivalent to that which has been
developed and demonstrated to be at least as modern as generally accepted and used in the cable
industry in the State of Florida. In no event shall a System having a bandwidth of less then 750
MHz be considered State of the Art unless the City, in its sole discretion, determines that a Cable
System operating at less than 750 MHZ is 1) State of the Art; and 2) offers a level of production
566020/Ordinances/CableTelevision6-17-02 11 ORDINANCE NO.2002-035
facilities, technical performance, Channel capacity, and Service equivalent to a System operating
at a bandwidth of no less than 750 MHz.
JJ. "Subscriber" means any Person who lawfully receives Cable Service delivered
over the Cable System or Open Video System. However, notwithstanding anything to the
contrary, Subscriber shall not mean any homeowner or condominium association or other bulk
purchaser unless mandated by FCC rules.
KK. "Subscriber Base" means the total number of residential and commercial
Subscribers within the City. For purposes of calculating and identifying Subscribers under bulk
or multi-user contracts, for determining compliance with this Article, and for imposing fines for
violations of this Article, the Franchisee shall count each individual unit or home (e.g., in a
multiple family dwelling, a unit will be defined as each Subscriber unit within the structure)
included within a contract as one Subscriber. Franchisee shall not use any equivalency measures
except as may be required by FCC rules.
LL. "Transfer" means any transaction in which (1) an ownership or other interest in
a Franchisee is transferred from one Person or group of Persons to another Person or group of
Persons so that Control of a Franchisee is transferred; (2) assignment, sale or transfer of more
than twenty (20%) percent of the ownership of any parent corporation, parent entity or holding
company that owns or by ownership of other entities, controls a Franchisee; (3) all or a portion of
a Cable System or OVS is sold or assigned; or (4) the rights and/or obligations held by a
Franchisee under a Franchise Agreement are transferred or assigned to another Person or group
of Persons. A Transfer shall be considered "pro forma" when it involves a Transfer to a Person or
group of Persons wholly owned by the Franchisee or the same legal entity with controlling
566020/Ordinances/CableTelevision6-17-02 12 ORDINANCE NO.2002-035
interest in the Franchisee, and will not result in a change in the control or ownership of the
Franchisee.
MM. "'Two-Way Capability" means the incorporation into a Cable System or Open
Video System of all appropriate design and engineering characteristics and features so that two-
way transmission, including but not limited to addressability, can be implemented and activated.
Section 22-93. Applicability of This Article.
A. This Article shall be applicable to all cable Franchises granted, renewed, assigned
to the City, or transferred after the effective date hereof, and shall apply to all cable Franchises in
existence prior to the effective date of this Article, to the full extent permitted by Law.
B. Any Franchisee whose Franchise Agreement predates the effective date of this
Article shall continue to operate pursuant to the Franchise Agreement and shall notify the City in
® writing within forty-five (45) calendar days of the passage of this Article, or any subsequent
amendment thereof, of:
(1) Any provision which it believes should not be applicable to it by reason of the
pre-existing Franchise Agreement and,
(2) The reason for each such claim of non-applicability.
C. Failure to notify the City as provided in B above shall constitute a waiver of any
right to object to enforcement of this Article.
D. The operator of any Cable System or Open Video System that requires a
Franchise or License under this Article shall have three (3) months from the effective date of this
Article to file an Application for a Franchise or License.
E. Applications pending as of the effective date of this Article shall be subject to this
Article. A Person with a pending Application shall be provided thirty (30) calendar days from
566020/Ordinances/CableTelevision6-17-02 13 ORDINANCE NO. 2002-035
the effective date of this Article to amend the Application if necessary to comply with the
• requirements of this Article.
F. Nothing herein requires the City to apply the provisions of this Article to a
government entity if the City determines that it is not in the public interest to do so. Nothing in
this Article shall require a government entity to comply with this Article to the extent that the
City cannot enforce the provisions of this Article with respect to such government entity under
applicable Law.
G. Newly Annexed Areas.
(1) For newly annexed areas where a valid Franchise Agreement issued by another
franchising authority to a cable operator exists, the City may approve of the assignment
of the Franchise from the prior franchising authority to the City, and the City shall have
all authority as the prior franchising authority, including the ability to receive Franchise
fees. Upon the expiration of the assigned Franchise Agreement or sooner upon mutual
consent, the Franchisee shall apply to the City for the renewal of its Franchise, pursuant
to this Article.
(2) The rights and obligations provided in this Article shall extend to cable operators
providing Service to any areas annexed into the City, providing the provisions herein do
not conflict with the provisions of a Franchise Agreement assigned to the City. A cable
operator with a Franchise Agreement that is assigned to the City shall indicate in writing
within thirty (30) days following the assignment which provisions, if any, of this Article
conflict with the assigned Franchise Agreement and should not be enforced as to the
assigned Franchisee. Failure to notify the City as provided herein shall constitute a
waiver of any right to object to enforcement of this Article.
•
566020/Ordinances/CableTelevision6-17-02 14 ORDINANCE NO.2002-035
Section 22-94. Reservation of Rights.
A. The City reserves the right to amend this Article as it shall find necessary in the
lawful exercise of its police powers.
B. Any additional regulations adopted by the City shall be incorporated into this
Article and complied with by all Franchisees within thirty (30) days of the date of adoption of
such additional regulations unless imposition of such regulations would be otherwise prohibited
by applicable Law, or the City extends the time for such compliance.
C. The City reserves the right to exercise the power of eminent domain to acquire the
property of a Franchisee's Cable System or Open Video System, consistent with Law.
Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the City's
exercise of eminent domain except to the extent provided by Law.
D. To the full extent permitted by Law, the City reserves the right to acquire,
construct, own, and/or operate a Cable System or Open Video System.
Section 22-95. Franchise Required.
A. The City may grant one or more non-exclusive Franchises in accordance with this
Article.
B. Unless expressly permitted by applicable Law, no Person may construct or
operate a Cable System, Open Video System, or communications transmission facilities over, on,
or under Public Rights-of-Way in the City without a Franchise or applicable authorization
granted by the City, and no person may be granted a Franchise without having entered into a
Franchise Agreement with the City pursuant to this Article and amendments hereto.
566020/Ordinances/CableTelevision6-17-02 15 ORDINANCE NO.2002-035
C. Unless otherwise authorized by Law, any Franchise granted pursuant to this
Article is solely for the provision of Cable Service and shall not be construed to authorize the
provision of telephone, non-cable video, or other communications service.
D. Any Person who operates a Cable System, Open Video System, or provides Cable
Service in the City without a Franchise or other appropriate authority may be subject to penalties
as provided herein and other sanctions as provided by applicable Law. Such violations may be
punishable as provided in Section 1-8 of the City Code, as well as other appropriate sanctions
under applicable Law.
Section 22-96. Characteristics of a Franchise.
A. A Franchise authorizes use of the Public Rights-of-Way for installing cables,
wires, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other
facilities as necessary and pertinent to operate a Cable System or Open Video System to serve
Subscribers within the City. A Franchise does not authorize, expressly or implicitly, a
Franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other
equipment or facilities upon other property of the City or upon private property without owner
consent (except for use of compatible easements pursuant to Section 621 of the Communications
Act, 47 U.S.C. §541(a)(2)), or to use publicly or privately owned conduits without a separate
agreement with the owners.
B. Any Franchise granted pursuant to this Article shall be nonexclusive, and will not
preclude, expressly or implicitly, the issuance of other Franchises within the City, or affect the
City's right to authorize use of City streets to other Persons to operate Cable Systems or Open
Video Systems or for other purposes as it determines appropriate. All privileges prescribed by a
Franchise shall be subordinate to any prior lawful occupancy of the Public Rights-of-Way, and
566020/Ordinances/CableTelevision6-17-02 16 ORDINANCE NO. 2002-035
the City reserves the right to designate where a Franchisee's facilities are to be placed within the
Public Rights-of-Way. A Franchise does not convey any title, equitable or legal, in the Public
Rights-of-Way.
C. A Franchise shall be a personal privilege that is in the public trust. No Transfer of
a Franchise shall occur without the prior consent of the City and unless Application is made by
the Franchisee, and City approval.obtained, pursuant to this Article and a Franchise Agreement.
D. A Franchise granted pursuant to this Article to construct, operate, and maintain a
Cable System or Open Video System within the City shall be deemed to constitute both a right
and an obligation on the part of the Franchisee to provide the Services and facilities of a Cable
System or Open Video System as required by the provisions of this Article and the Franchise.
The Franchise Agreement shall incorporate by reference all of the provisions of the Franchisee's
Application for the Franchise that are finally negotiated and agreed upon by the City and
• Franchisee. All of a Franchisee's Application and all written and oral representations and/or
material made or provided by Franchisee in its Application, public hearing, or in any
correspondence by the City and Franchisee or the Franchisee and any other Person shall be
deemed to be material and made for the purpose of inducing the City to grant the Franchise in the
form accepted.
E. Notwithstanding anything to the contrary, in the event that a Franchisee, its parent
or Affiliate elects to offer to Subscribers video programming services through any means or
method not included within the definition of a Cable System, including but not limited to an
Open Video System, the Franchisee shall remain subject to all terms and conditions of the
Franchise granted pursuant to this Article to the extent permitted by applicable law.
•
566020/Ordinances/CableTelevision6-17-02 17 ORDINANCE NO.2002-035
F. Unless a Franchise Agreement specifically provides otherwise, all Franchises
granted pursuant to this Article shall apply to the entire territorial area of the City.
G. The City may waive the requirement of a Franchise for the construction of a
Cable System or Open Video System that is not constructed to provide Service within the City
and that does not provide such Services within the City. For the construction of such facilities,
the City may grant a License for a term no longer than five (5) years and providing for
reasonable compensation to the City for use of its Public Rights-of-Way. A License shall be
revocable at the will of the City Commission. Except as to matters specifically addressed in the
License, the terms of this Article will apply to a Licensee. If a Person granted a License provides
Cable Services within the City, the Person shall comply with the requirements of this Article.
Section 22-97. Franchisee Subject To Other Laws, Police Power.
A. A Franchisee shall at all times be subject to and shall comply with all applicable
Law. A Franchisee shall at all times be subject to all lawful exercise of the police power of the
City.
B. Subject to applicable Law, except as may be provided specifically in this Article
or under the terms of a Franchise Agreement and subject to the Cable Act, the failure of the City,
upon one or more occasions, to exercise a right or to require compliance or performance under
this Article or a Franchise Agreement shall not be deemed to constitute a waiver of such right or
a waiver of compliance or performance.
C. The provisions of this Article shall be applied to Franchisees in addition to the
terms of any Franchise Agreement and shall apply to a Franchise Agreement as if fully set forth
in the Franchise Agreement. It is the intent of the City not to impair existing franchise
agreements in violation of applicable law. The express terms of this Article will prevail over
566020/Ordinances/CableTelevision6-17-02 18 ORDINANCE NO.2002-035
conflicting or inconsistent provisions in a Franchise Agreement unless such Franchise
Agreement expresses an explicit intent to waive a requirement of this Article.
g
D. Except as to matters that are governed by federal Law or regulation, a Franchise
Agreement will be governed by and construed in accordance with the laws of Florida.
E. In the event of any change in Law which would requite the City to amend this
Article, the City and a Franchisee may modify an existing Franchise in a mutually agreed upon
manner.
Section 22-98. Applications For Grant, Modification, Renewal, and Transfer.
A. A written Application shall be filed with the City for:
(1) Grant of an Initial Franchise
(2) Renewal of a Franchise under 47 U.S.C. §546, or other applicable Law
(3) Modification of a Franchise Agreement
(4) Transfer
(5) Any other relief pursuant to this Article or a Franchise Agreement.
B. To be acceptable for filing, a signed original of the Application shall be submitted
together with seven copies, be accompanied by the required non-refundable Application filing
fee as set forth herein, conform to any applicable request for proposals, and contain all
reasonably required information. All Applications shall include the names and addresses of
Persons authorized to act on behalf of the Applicant.
C. The City shall make all Applications available for public inspection.
D. An Application for the grant of an Initial Franchise may be filed pursuant to a
request for proposals issued by the City or on an unsolicited basis. The City, upon receipt of an
unsolicited Application, may issue a request for proposals. If the City elects to issue a request for
566020/Ordinances/CableTelevision6-17-02 19 ORDINANCE NO.2002-035
proposals upon receipt of an unsolicited Application, the applicant may submit an amended
Application in response to the request for proposals, or may inform the City that its unsolicited
Application should be considered in response to the request for proposals, or may withdraw its
unsolicited Application. An Application that does not conform to the reasonable requirements of
a request for proposals may be considered non-responsive and denied on that basis.
E. An Application for the grant of an Initial Franchise shall contain, at minimum, the
following information:
(1) The name and address of the Applicant and identification of the ownership and
control of the Applicant, including: the names and addresses of all Persons with 50% or
more ownership interest in the Applicant, including the names and addresses of parents or
subsidiaries holding such ownership interests directly or indirectly; the Persons who
control the Applicant; all officers and directors of the Applicant; and any other Cable
System ownership or other communication ownership interest of each named Person.
(2) A demonstration of the Applicant's technical ability to construct and/or operate
the proposed Cable System, including:
(a) Identification of key personnel for management of the System;
(b) A description of the Applicant's prior experience in Cable System
ownership including identification of municipalities and counties within Florida
in which the Applicant or any Person controlling the Applicant, or currently
having more than a 10% ownership interest in Applicant has, or has had, a Cable
Franchise or license or controlling interest therein. If an Applicant has no other
Franchises in Florida, the Applicant shall provide this information for other states
566020/Ordinances/CableTelevision6-17-02 20 ORDINANCE NO.2002-035
with respect to Franchises or Licenses that have expired or will expire within
® twelve 12 months of the date of its Application;
(c) A description and location of the physical facilities proposed and proposed
Channel capacity, performance characteristics, headend and access facilities, and
Institutional Network facilities; upon request, the Applicant shall make
information on technical design available for inspection;
(d) Where applicable, a description of the method of construction of the
proposed System, including an estimate of plant mileage and location, the
proposed construction schedule, a description, where appropriate, of how services
will be converted from existing facilities to new facilities, and information on the
availability of space in conduits including, where appropriate, an estimate of the
cost of any necessary rearrangement of existing facilities.
® (3) A demonstration of the Applicant's financial qualifications, including
(a) A statement prepared by a certified public accountant or duly authorized
financial officer regarding the Applicant's financial ability to complete the
construction and operation of the Cable System proposed;
(b) For informational purposes, the proposed rates for Subscribers and
proposed discounts for bulk Subscribers, including projected charges for each
Service tier, installation, converters, and other equipment or services, and the
Applicant's ownership interest in any proposed program services to be delivered
over the Cable System.
566020/Ordinances/CableTelevision6-17-02 21 ORDINANCE NO.2002-035
(c) Pro forma financial projections for five years including a statement of
projected income, and a schedule of planned capital additions, with all significant
assumptions explained in notes or supporting schedules.
(4) To the extent that the Applicant is relying on the financial or technical resources
of another Person, including an Affiliate, the proofs required pursuant to subsections (2)
and (3) above should be provided for that Person.
(5) A demonstration that the Applicant is legally qualified including:
(a) Whether the Applicant or any Person controlling the Applicant, or any
officer, or director or Person with 50% or more ownership interest in the
Applicant, has been adjudged bankrupt, had a Cable Franchise or License
revoked, or been found by any court or administrative agency to have violated any
Law; and, if so, identification of any such Person and a full explanation of the
circumstances;
(b) Whether the Applicant has received, or is in a position to receive,
necessary authorizations from state and federal authorities;
(c) Whether the Applicant has engaged in conduct (fraud, racketeering, or
violation of antitrust, consumer protection, or similar laws) that would lead the
City to conclude the Applicant cannot be relied upon to comply with requirements
of a Franchise or provisions of this Article;
(d) Whether the Applicant is a convicted vendor pursuant to Chapter 287,
Florida Statutes, or was removed from the convicted vendor list pursuant to
Section 287.133, Florida Statutes, 36 months or fewer prior to the date of the
Application;
566020/Ordinances/CableTelevision6-17-02 22 ORDINANCE NO.2002-035
® (e) Whether the Applicant is willing to enter into a Franchise, to pay required
compensation and to abide by the provisions of applicable Law, including those
relating to the construction, operation or repair of its System, and has not entered
into any agreement that would prevent it from doing so; and
(f) Whether the Applicant had a request for an initial or renewal OVS
Franchise denied within 36 months of the Application;
(g) Whether the Applicant had a request for an initial or renewal cable
Franchise denied based upon past performance, or for failing to propose a
Franchise that reasonably met the cable-related needs and interests of the
community in light of the costs thereof, within 36 months of the Application; and
(h) Whether the Applicant has a pending Application for an OVS Franchise.
(6) The City shall provide a reasonable opportunity to an Applicant to show that it
® would be inappropriate to deny it a Franchise for any information submitted pursuant to
subsection (5) above, by virtue of the particular circumstances surrounding the matter and
the steps taken by the Applicant to cure all harms flowing there from and prevent their
recurrence, the lack of involvement of the applicant's principals, or the remoteness of the
matter from the operation of a Cable System.
(7) A demonstration of how the Applicant's proposal will reasonably meet the future
cable-related needs and interests of the community, including a description of how the
proposal will meet the needs described in any recent community needs assessment
conducted by or for the City.
566020/Ordinances/CableTelevision6-17-02 23 ORDINANCE NO. 2002-035
(8) A summary of any non-cable communications services including, but not limited
® to, cable modem services, offered by the Applicant or an Affiliate and Applicant's plan
with respect to the availability of such services to Subscribers in the City.
(9) Identification of the area of the City to be served and the proposed Franchise area
boundaries. If an Applicant proposes to provide Cable Service to an area already served
by an existing Franchisee, the identification of the area where the Overbuild would occur,
the potential number of Subscribers in the area which would encompass the Overbuild,
and the ability of the Public Rights-of-Way to accommodate an additional System.
(10) Upon the City's request, copies of all agreements with bulk Subscribers with any
proprietary information in connection with rates redacted.
(11) Any other information as may be reasonably necessary to demonstrate compliance
with the requirements of this Article and information that the City may request of the
® Applicant that is relevant to the City's consideration of the Application.
(12) An affidavit or declaration of the Applicant or authorized officer certifying the
truth and accuracy of the information in the Application, acknowledging the
enforceability of Application commitments, and certifying that the proposal meets all
requirements of applicable Law.
F. The City may, in its sole discretion, waive any or all of the above Application
requirements, unless such requirements are determined to be a requirement of applicable Law.
G. An Application for modification of a Franchise Agreement shall include, at a
minimum, the following information:
(1) The specific modification requested.
566020/Ordinances/CableTelevision6-17-02 24 ORDINANCE NO.2002-035
(2) The justification for the requested modification, including the impact of the
requested modification on Subscribers and others, and the financial impact on the
q P
Applicant if the modification is approved or disapproved.
(3) A statement whether the modification is sought pursuant to Section 625 of the
Cable Act, 47 U.S.C. §545, and, if so, a demonstration that the requested modification
meets the standards set forth in 47 U.S.C. §545.
(4) Any other reasonable information requested by the City to make an informed
determination on the Application for modification.
(5) An affidavit or declaration of the Applicant or authorized officer certifying the
truth and accuracy of the information in the Application, and certifying that the
Application is consistent with all requirements of applicable Law.
H. An Application for renewal of a Franchise shall comply with the requirements of
Section 22-101 herein.
I. An Application for approval of a Transfer of a Franchise shall comply with the
requirements of Section 22-102 herein.
J. Application Fees.
(1) Every Application shall be accompanied by a nonrefundable fee in an amount
established by the City Commission by resolution, which may be amended from time to
time.
(2) The purpose of the filing fee is to defray a portion of the City's cost in processing
an Application. Such fee may be credited against amounts due under Section 22-99F
herein. The filing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a Franchise within the meaning of §622(g)(2)(D) of the Cable Act, 47
566020/Ordinances/CableTelevision6-17-02 25 ORDINANCE NO.2002-035
U.S.C. §542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a
Franchise Agreement, unless required by federal Law. To the extent federal Law
authorizes the deduction of filing fees from Franchise fees, the Franchisee shall deduct
the fees over the entire term of the Franchise.
Section 22-99. Grant of a Franchise.
A. The City may grant a Franchise for a period not to exceed fifteen (15) years.
B. The City may make the grant of a Franchise, after the effective date of this
Article, conditioned upon the completion of construction, upgrades, or rebuilds of a Cable
System or Open Video System within a reasonably prescribed time or upon the performance of
other specific obligations which are to be set forth in the Franchise Agreement, specifying that
failure to comply with the condition may cause the Franchise to be terminated or may require the
Franchisee to pay liquidated damages to the City as specified in the Franchise Agreement.
® C. In evaluating an Application for a Franchise, the City may consider, among other
things, the following factors: the Applicant's technical, financial, and legal qualifications to
construct and operate the proposed System; the adequacy of the proposed construction methods,
facilities, equipment, and Services based on the public convenience, safety, and welfare; the
Applicant's experience in constructing and operating Cable Systems and providing Cable
Service in other communities, if any; the ability of Public Rights-of-Way to accommodate the
proposed System; the potential disruption to users of the Public Rights-of-Way and any resultant
inconvenience to the public; the Applicant's Service under any existing or prior experience with
the City; whether approval may reduce competition in the delivery of Cable Service in the City;
and whether the proposal will meet reasonably anticipated needs, including adequate educational
and government Access Channels and support, Channel capacity, and will serve the public
566020/Ordinances/CableTelevision6-17-02 26 ORDINANCE NO.2002-035
interest. Evaluation by the City shall not be based on the content of the programming the
applicant proposes to provide.
D. The City Commission shall hold one or more public hearings to consider any
Application. The Applicant shall be notified of the hearing and shall be given an opportunity to
be heard. Based upon the Application, the testimony presented at the public hearing, any
recommendations of the City or staff, and any other information relevant to the Application, the
City shall decide by resolution whether to grant or deny a Franchise Application and decide the
terms and conditions of any Franchise granted. If the City Commission denies a Franchise, it
shall issue a written decision setting forth its reasons. Upon the grant of a Franchise, the
Franchisee's Application shall become an integral part of said Franchise, and the Franchisee
shall be bound by the representations therein made.
E. After complying with the above requirements, the City Commission shall approve
® or disapprove the proposed Franchise Agreement by resolution.
F. The Franchisee shall reimburse the City for all reasonable expenses incurred by
the City in considering and processing the Application, including, but not limited to, consulting
and legal costs, less only the amount of the Application fee. The City shall bill the Franchisee
for the amount of the processing fee and describe its method of calculation, and the Applicant
shall pay such processing fee within thirty (30) days of the date of the bill. If the fee is not
received by the City within 30 days of the date of the bill, the City shall notify such Franchisee
and the Franchisee shall pay a late fee at the rate of 18%per annum of the amount of the unpaid
or underpaid fee provided, however, that such rate does not exceed the maximum amount
allowed under applicable Law. If the City does not receive said fee in total within 60 days of the
date of the bill, the City shall notify such Franchisee and the City may revoke the Franchise or
566020/Ordinances/CableTelevision6-17-02 27 ORDINANCE NO.2002-035
pursue other remedies as appropriate. This processing fee is intended to be a charge incidental
to the awarding or enforcing of a Franchise within the meaning of §622(g)(2)(D) of the Cable
Act, 47 U.S.C. §542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a
Franchise Agreement and, to the extent consistent with applicable law, shall not be passed
through to Subscribers. To the extent federal Law authorizes a Franchisee to deduct the
processing fee from Franchise fees, a Franchisee shall deduct such processing fee over the
entire term of the Franchise.
Section 22-100. Franchise Fees.
A. This Section 22-100, and any Franchise fee provision in a Franchise Agreement,
shall not apply during such time as Florida Law prohibits the City from collecting the Franchise
fees or similar compensation. During the period Florida Law prohibits the City from collecting
Franchise fees, a Franchisee shall pay the tax required by Florida Law to the State of Florida. If
® the City is legally entitled to charge Franchise fees or similar fees, a Franchisee will pay the
highest fee legally authorized.
B. Franchise Fees For Operators of Cable Systems. A Franchisee, as compensation
for the privilege granted under a Franchise for the use of the Public Rights-of-Way to construct
and operate a Cable System, shall pay to the City a Franchise fee:
(1) In an amount up to a maximum of either five percent (5%) of the Franchisee's
Gross Revenues during the term of its Franchise; or,
(2) In the event the Cable Act or other applicable Law is amended to permit the City
to assess a fee of a greater amount or on a broader revenue basis than that specified in (1)
above, the Franchisee agrees to pay to the City the new amount after a public hearing in
566020/Ordinances/CableTelevision6-17-02 28 ORDINANCE NO.2002-035
J
which the public and Franchisee are given an opportunity to comment on the impact of
the higher fee.
C. Franchise Fees For Operators of Open Video Systems. To the extent that an OVS
is used to provide Cable Service, an operator of an OVS shall pay the City a fee in lieu of a
Franchise fee. This fee will be based on the Gross Revenues derived from the operation of the
Open Video System to provide Cable Services. To prevent evasion of Franchise fees, any
revenues from activities performed by an Affiliate that could have been performed by the
Franchisee of the OVS, including but not limited to selling advertisements and selling Services
to Subscribers, will be treated as revenues of the operator. The amount of the fee shall be equal
to the percentage rate of the Franchise fee imposed on Franchisees of Cable Systems pursuant to
this Section.
D. General Rules for Payment of Fees.
(1) A Franchisee shall pay fees due to the City on a calendar-year, quarterly basis.
Payment for each quarter shall be made to the City not later than thirty (30) calendar days
after the end of each calendar quarter.
(2) A Franchisee shall file with the City, on a quarterly basis with the payment of the
Franchise fee, a financial statement setting forth the computation of Gross Revenues used
to calculate the fee for the preceding quarter and a detailed explanation of the method of
computation.
(3) The statement shall be certified by a certified public accountant or the
Franchisee's chief financial or other duly authorized officer. The Franchisee will bear the
cost of the preparation of such financial statements.
566020/Ordinances/CableTelevision6-17-02 29 ORDINANCE NO.2002-035
(4) Subject to applicable Law, no acceptance by the City of any fee or payment shall
be construed as an accord that the amount paid is in fact the correct amount, nor shall
such acceptance of payment be construed as a release of any claim the City may have for
additional sums payable.
(5) The Franchise fee or other fee payment is not a payment in lieu of any other tax,
fee, or assessment, except as specifically provided in this Section. By way of example
and not limitation, the City does not waive and may still require permit fees and business
license taxes that may be established from time to time by the City. Nothing in this
Section shall alter the effect of any election the City has made with respect to permit fees
and taxes pursuant to Florida law.
(6) Within 90 calendar days following the end of the calendar year, a Franchisee shall
submit a statement, attested to by a certified public accountant or chief financial officer,
setting forth the Gross Revenues of the Cable or Open Video System for the previous
calendar year and describing what revenues were included and what revenues, if any,
derived from the operation of the system, were excluded in the fee calculation, and any
adjustments made to Gross Revenues.
F. Audit. To the extent not prohibited by applicable Law, the City may, from time to
time, but not more frequently than annually, upon reasonable notice, inspect and audit any and
all books and records of a Franchisee relevant to the determination of Gross Revenues and the
computation of Franchise fees due, and may re-compute any amounts determined to be payable
under the Franchise, subject to the applicable statute of limitations. The cost of the audit will be
borne by the Franchisee if, as a result of the audit, the City determines that the Franchisee has
underpaid the Franchise fees owed in an amount equal to or exceeding five percent (5%) of the
566020/Ordinances/CableTelevision6-17-02 30 ORDINANCE NO.2002-035
Franchise fees actually paid. A Franchisee shall make all books and records necessary to
satisfactorily perform the audit readily available to the auditors in Broward County, for
inspection and copying or in the alternative, the Franchisee shall pay all costs necessary for the
City to perform the audit at a location outside of Broward County.
G. In the event that a Franchise fee or other payment required by this Section is not
received by the City on or before the due date set forth herein, or is underpaid, the Franchisee
will pay a late charge of 18% per annum of the amount of the unpaid or underpaid payment,
provided, however, that such rate does not exceed the maximum amount allowed under state law.
Any interest and/or late charges paid by the Franchisee is intended to be a charge incidental to
the enforcing of a Franchise within the meaning of §622 (g)(2)(D) of the Cable Act, 47 U.S.C.
§542(g)(2)(D), and may not be deducted from the franchise fee imposed by this Article or any
Franchise Agreement.
H. When a Franchise terminates for any reason, the Franchisee shall file with the
City, within 90 calendar days of the date on which its operations in the City cease, a financial
statement, certified by a certified public accountant or the Franchisee's chief financial officer,
showing the Gross Revenues received by the Franchisee since the end of the previous fiscal year.
Adjustments will be made at that time for Franchise fees due to the date that the Franchisee's
operations ceased.
I. The payment of a fee pursuant to this Section on Cable Service provided over a
Cable or Open Video System does not excuse an operator from any requirements that may exist
to pay fees or other payments on services other than Cable Services provided over the facilities.
As an example and not as a limitation of the foregoing, a cable operator that pays a Franchise fee
566020/Ordinances/CableTelevision6-17-02 31 ORDINANCE NO.2002-035
on revenues derived from the provision of Cable Services must pay the fees imposed upon
® providers of telecommunications services to the extent that it provides such services.
Section 22-101. Renewal of Franchise. -
Renewal shall be conducted in a manner consistent with §626 of the Cable Act, 47 U.S.C.
§546. To the extent such additional requirements are not prohibited by applicable Law, the
following requirements shall apply:
A. Upon completion of the review and evaluation process set forth in §626(a)(1)(2)
of the Cable Act, 47 U.S.C. §546, should that process be invoked, the City shall notify the
Franchisee, by certified or registered mail, that it may file a renewal Application including a
renewal proposal. The notice shall specify the information to be included in the renewal
Application and the deadline for filing the Application, which shall be no earlier than thirty (30)
calendar days following the date of the notice.
(1) The Application shall comply with the requirements of Section 22-98 herein and
provide the specific information requested in the notice. If the Franchisee does not submit
a renewal Application by the date specified in the City's notice to the Franchisee pursuant
to this subsection, the Franchisee will be deemed not to be seeking renewal of its
Franchise.
(2) Upon receipt of the renewal Application, the City shall publish notice of its
receipt and make copies available to the public. The City, following prior public notice,
may hold one or more public hearings on the renewal Application.
B. The Commission shall consider the renewal Application at a public hearing at
which the Commission will either:
566020/Ordinances/CableTelevision6-17-02 32 ORDINANCE NO.2002-035
(1) Pass a resolution agreeing to renew the Franchise, subject to the negotiation of a
Franchise Agreement satisfactory to the City and the Franchisee; or
(2) Pass a resolution that makes a preliminary assessment that the Franchise should
not be renewed.
C. If a preliminary assessment is made that a Franchise should not be renewed, at the
request of the Franchisee or on its own initiative, the City will commence a proceeding in
accordance with §626(c) of the Cable Act, 47 U.S.C. §546(c) to address the issues set forth in
§626(c)(1)(A)-(D) of the Cable Act, 47 U.S.C. §546(c)(i)(A)-(D). Any denial of a proposal for
renewal that has been submitted in compliance with subsection (b) of§546 shall be based on one
or more adverse findings made with respect to the factors described in §546(c)(1)(A)-(D),
pursuant to the record of proceedings under §546(c). The City shall not base a denial of renewal
on a failure to substantially comply with the material terms of the Franchise under §546(c)(1)(A)
or on events considered under §546(c)(1)(B) unless the City has provided the Franchisee with
notice and opportunity to cure, or in any case in which it is documented that the City has waived
its right to object, or the Franchisee gives written notice of a failure or inability to cure and the
City fails to object within a reasonable time after receipt of such notice.
D. Any request to initiate a renewal process or.proposal for renewal not submitted
within the time period set forth in §626(a) of the Cable Act, 47 U.S.C. §546(a), shall be deemed
an informal proposal for renewal and shall be governed in accordance with §626(h) of the Cable
Act, 47 U.S.C. §546(h). The City Commission may hold one or more public hearings or
implement other procedures under which comments from the public on an informal proposal for
renewal may be received. Following such public hearings or other procedures, the City
566020/Ordinances/CableTelevision6-17-02 33 ORDINANCE NO.2002-035
Commission shall determine whether the Franchise should be renewed and the terms and
conditions of any renewal.
E. If the City Commission grants a renewal Application, the City and the Franchisee
shall agree on the terms of a Franchise Agreement, pursuant to the procedures specified in this
Article, before such renewal becomes effective.
F. If renewal of a Franchise is lawfully denied, the City may acquire ownership of
the Cable System or require a Transfer of ownership of the System or a Transfer to another
Person upon approval of the City Commission. The City may not acquire ownership of the
System or approve a Transfer while an appeal of a denial for renewal is pending in any court
pursuant to 47 U.S.C. §546(e).
G. If renewal of a Franchise is lawfully denied and no appeal to a court is pending,
and the City does not purchase the Cable System or approve or require a Transfer of the Cable
System to another Person, the City may require the former Franchisee to remove its facilities and
equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisee's and/or
surety's expense.
Section 22-102. Transfer Of A Franchise.
A. No Transfer of a Franchise shall occur without prior approval of the City
Commission. Notwithstanding any other provision of this Article, pledges in trust or mortgages
of the assets of a Cable System or OVS to secure the construction, operation or repair of the
system may be made without Application and without the City's prior consent; except that no
such arrangement may be made if it would in any respect under any condition prevent the Cable
System or OVS operator or any successor from complying with the Franchise or License and
566020/Ordinances/CableTelevision6-17-02 34 ORDINANCE NO.2002-035
applicable Law, nor may any such arrangement permit a third party to succeed to the interest of
the Franchisee, or to own or control the Cable System or OVS without the prior consent of the
City. Any mortgage, pledge or lease shall be subject and subordinate to the rights of the City
under this Article or other applicable Law.
B. All Applications for a Transfer of a Franchise shall be filed at least 120 calendar
days prior to the effective date of the Transfer, shall meet the requirements of this Article, and
shall provide complete information on the proposed transaction, including details on the legal,
financial, technical, and other qualifications of the transferee, and on the potential impact of the
Transfer on Subscriber rates and Services. Except in the case of a Pro Forma Transfer, the
Application shall contain, at a minimum, the information required in Sections 22-98(E)(1)-(5),
(8), (11), (12) with respect to the proposed transferee. If the information to be provided in
response to these items will not change as a result of the Transfer, the transferee may so indicate
in its response. The information required in Sections 22-98(E)(7), (9), (10) shall also be
provided whenever the proposed transferee expects material changes to occur in those areas.
The following information must be included in the Application, provided that a Franchisee is not
required to duplicate information that it submits to the City to comply with its obligations under
federal or state Law:
(1) All information and forms required under federal Law or the equivalent of such
forms if no longer required by federal Law;
(2) Any contracts or other documents that relate to the proposed transaction, and all
documents, schedules, exhibits, or the like referred to therein to the extent that such
documentation is required by the FCC;
566020/Ordinances/CableTelevision6-17-02 35 ORDINANCE NO.2002-035
(3) Any shareholder reports or filings with the Securities and Exchange Commission
that discuss the transaction;
(4) Other information deemed necessary by the City to provide a complete and
accurate understanding of the financial position of the Cable System or OVS before and
after the proposed Transfer;
(5) Complete information regarding any potential impact of the Transfer on
Subscriber rates and Service;
(6) A brief summary of the proposed transferee's plans for at least the next five (5)
years regarding line extension, plant and equipment upgrades, Channel capacity,
expansion or elimination of Cable Services, and any other changes affecting or enhancing
the performance of the Cable System or OVS.
C. An application for approval of a Pro Forma Transfer of a Franchise shall be
considered granted on the ninety-first calendar day following the filing of such Application with
the City unless, prior to that date, the City notifies the Franchisee to the contrary. An Application
for approval of a Pro Forma Transfer of a Franchise shall clearly identify the Application as
such, describe the proposed transaction, and explain why the Applicant believes the Transfer is
Pro Forma. Unless otherwise requested by the City within thirty (30) calendar days of the filing
of an Application for a Pro Forma Transfer, the Applicant shall be required only to provide the
information required in Sections 22-98(E)(1), (3)(a), (5)(b), and (12) with respect to the proposed
transferee.
D. In making a determination on whether to grant an Application for a Transfer, the
City Commission shall consider the legal, financial, and technical qualifications of the transferee
to operate the System; whether the incumbent Franchisee is in substantial compliance with the
0
566020/Ordinances/CableTelevision6-17-02 36 ORDINANCE NO.2002-035
material terms of its Franchise Agreement and this Article and, if not, the proposed transferee's
commitment to cure such noncompliance; whether the Transfer may reduce competition in Cable
p Y p
Services within the City; and whether operation by the transferee would adversely affect
Subscribers or the City, or otherwise be contrary to the public interest.
E. No Application for a Transfer shall be granted unless the transferee agrees in
writing that it will abide by and accept all terms of this Article and the Franchise Agreement, and
that it will assume the obligations and liabilities, known and unknown, of the previous
Franchisee under this Article and the Franchise Agreement.
F. Approval by the City of a Transfer of a Franchise does not constitute a waiver or
release of any of the rights of the City under this Article or the Franchise Agreement, whether
arising before or after the date of the Transfer.
G. The Transferee shall notify the City that the Transfer is complete within five (5)
business days of the date the Transfer is complete.
Section 22-103. Revocation or Termination of Franchise.
A. The City Commission may revoke a Franchise for a Franchisee's failure to
construct, operate, or maintain the Cable System as required by this Article or the Franchise
Agreement, or for any other material violation of this Article or material breach of the Franchise
Agreement or material violation of federal, state, or local Law. To invoke the provisions of this
Section, the City shall give the Franchisee written notice by certified mail at the last known
address that Franchisee is in material violation of this Article or in material breach of the
1
Franchise Agreement. The notice shall describe the nature of the alleged violation or breach
with specificity and demand correction within thirty (30) calendar days or, within a reasonable
time period stated in the notice, which shall not be less than thirty (30) calendar days. If within
566020/Ordinances/CableTelevision6-17-02 37 ORDINANCE NO.2002-035
thirty (30) calendar days following receipt of such written notice from the City the Franchisee
® has not cured such violation or breach, or has not commenced corrective action and such
corrective action is not being actively and expeditiously pursued, the City may give written
notice to the Franchisee of its intent to revoke the Franchise, stating its reasons.
B. Prior to revoking a Franchise under subparagraph A hereof, the City Commission
shall hold a public hearing, upon ten (10) calendar days notice, at which time the Franchisee and
the public shall be given an opportunity to be heard. Following the public hearing, the City
Commission may determine whether to revoke the Franchise based on the evidence presented at
the hearing, and other evidence of record. If the City Commission makes a determination to
revoke a Franchise, it shall direct that a written decision setting forth the reasons for its decision
shall be transmitted to the Franchisee.
C. Notwithstanding paragraphs A and B hereof, any Franchise may, at the option of
the City Commission following a public hearing before the Commission, be revoked 120
calendar days after an assignment for the benefit of creditors or the appointment of a receiver or
trustee to take over the business of the Franchisee, whether in a receivership, reorganization,
bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless within
that 120 day period:
(1) Such assignment, receivership, or trusteeship has been vacated; or
(2) Such assignee, receiver, or trustee has fully complied with the terms and
conditions of this Article and the Franchise Agreement and has executed an agreement,
approved by a court having jurisdiction, assuming and agreeing to be bound by the terms
and conditions of this Article and the Franchise Agreement.
566020/Ordinances/CableTelevision6-17-02 38 ORDINANCE NO.2002-035
D. In the event of foreclosure or other judicial sale of any of the facilities, equipment,
or property of a Franchisee, the City may revoke the Franchise, following a public hearing before
the Commission, by serving notice upon the Franchisee and the successful bidder at the sale, in.
which event the Franchise and all rights and privileges of the Franchise will be revoked and will
terminate thirty (30) calendar days after serving such notice, unless:
(1) The City has approved the Transfer of the Franchise to the successful bidder; and
(2) The successful bidder has covenanted and agreed with the City to assume and be
bound by the terms and conditions of the Franchise Agreement and this Article.
E. If the City revokes a Franchise, or if for any other reason a Franchisee abandons,
terminates, or fails to operate or maintain Service to its Subscribers for a period of six months,
the following procedures and rights are effective:
(1) The City may require the former Franchisee to remove its facilities and equipment
at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisees
and/or surety's expense.
(2) The City, by Resolution of the Commission, may acquire ownership pursuant to
this Article, or effect a Transfer of the Cable System.
(3) If a Cable System is abandoned by a Franchisee, the City may sell, assign, or
transfer all or part of the assets of the System.
F. The City may revoke the Franchise if the Franchisee commits or participates in an
act of fraud or deceit upon the City.
G. Where the City has issued a Franchise specifically conditioned in the Franchise
Agreement upon the completion of construction, System upgrade, or other specific obligation by
566020/Ordinances/CableTelevision6-17-02 39 ORDINANCE NO.2002-035
a specified date, failure of the Franchisee to complete such construction or upgrade will result in
the automatic forfeiture of the Franchise without further action by Y the City where it is so
provided in the Franchise Agreement, unless the City, at its discretion and for good cause
demonstrated by the Franchisee, grants an extension of time.
H. The foregoing provisions shall not be deemed to preclude the City from obtaining
any other available remedies for repeated violations, of the same general type, whether remedied
or not.
I. Except as provided in paragraph G, the City shall not take action against a
Franchisee pursuant to this Section except after a noticed public hearing at which the Franchisee
is given an opportunity to participate.
Section 22-104. Effective Date of A Franchise.
Unless a Franchise Agreement provides otherwise, the effective date of any Franchise
Agreement shall be as follows:
A. If an Initial Franchise, the date of acceptance of the Franchise Agreement by the
Franchisee.
B. If a renewal of a Franchise, the date the Initial Franchise ceases to be effective or
the date the Initial Franchise expires, whichever is earlier in time.
Sections 22-105-109. Reserved.
566020/Ordinances/CableTelevision6-17-02 40 ORDINANCE NO.2002-035
DIVISION II—INSTALLATION AND OPERATIONS
Section 22-110. Use of Public Rights-of-Ways.
A. Any pavements, sidewalks, curbing, or other paved area taken up or any
excavations in the Public Rights-of-Way made by a Franchisee shall be done under the
supervision and direction of the City under permits issued for work by the proper officials of the
City, and shall be done in such manner as to give the least inconvenience to the inhabitants of the
City. A Franchisee shall not commence construction in the Public Rights-of-Way until the City
has issued all applicable permits, except in the case of an emergency. The term "emergency"
shall mean a condition that affects the public's health, safety or welfare, which includes an
unplanned out-of-service condition of a pre-existing service. A Franchisee shall provide prompt
notice to the City of construction in the Public Rights-of-Way in the event of an emergency. As
a condition of granting such permits, the City may impose reasonable rules or regulations
governing the construction in Public Rights-of-Way. Permits shall apply only to the areas of
Public Rights-of-Way specifically identified in the permit. The City may issue a blanket permit
to cover certain activities, such as routine maintenance and repair activities, that may otherwise
require individual permits or may impose lesser requirements.
B. As part of any permit application to perform construction in the Public Rights-of-
Way, the Franchisee shall provide at least the following:
(1) An engineering plan signed and sealed by a Florida Registered Professional
Engineer, or prepared by a Person who is exempt from such registration requirements as
provided in Section 471.003, Florida Statutes, identifying the location of the proposed
facilities, including a description of the facilities to be installed, where they are to be
•
566020/Ordinances/CableTelevision6-17-02 41 ORDINANCE NO.2002-035
located, and the approximate size of facilities and equipment that will be located in the
Public Rights-of-Way;
(2) A description of the manner in which the facilities will be installed (i.e.
anticipated construction methods and/or techniques);
(3) A traffic maintenance plan for any disruption of the Public Rights-of-Way;
(4) Information on the ability of the Public Rights-of-Way to accommodate the
proposed facilities, if available (such information shall be provided without certification
as to correctness to the extent obtained from other Persons with facilities in the Public
Rights-of-Way);
(5) If appropriate given the construction proposed, an estimate of the cost of
restoration to the Public Rights-of-Way;
(6) The timetable for construction of the project or each phase thereof, and the areas
• of the City which will be affected; and
(7) Such additional information requested by the City that the City finds necessary to
review the permit application.
C. To the extent not prohibited by applicable Law, the City shall have the power to
prohibit or limit construction within the Public Rights-of-Way if there is insufficient space to
accommodate all of the requests to perform construction or place facilities in that area of the
Public Rights-of-Way, for the protection of existing facilities in the Public Rights-of-Way, or to
accommodate City plans for public improvements or projects that the City determines are in the
public interest.
D. All poles, wires, cables, underground conduits, manholes, and other fixtures
erected by a Franchisee in, upon, along, across, above, over, and under the Public Rights-of-Way
566020/Ordinances/CableTelevision6-17-02 42 ORDINANCE NO.2002-035
iwithin the City shall be so located and all construction in the Public Rights-of-Way shall be
performed so as not to interfere unreasonably with the use of the Public Rights-of-Way b the
p Y g Y Y
traveling public and to cause minimum interference with the rights or reasonable convenience of
property owners who adjoin any of the Public Rights-of-Way. A Franchisee shall not place
facilities, equipment, or fixtures where they will interfere with any gas, electric, telephone,
water, sewer, or other utility facilities, or obstruct or hinder in any manner the various utilities
serving the residents of the City or their use of any Public Rights-of-Way.
E. A Franchisee shall, at its own cost and expense, and in a manner approved by the
City, replace and restore any such pavements, sidewalks, curbing, other paved areas, lawn,
landscaping or any other areas where the Franchisee performed construction to at least as good a
condition as before the work was done. A Franchisee shall warrant its restoration for a period of
twelve (12) months after completion of such restoration. If the Franchisee fails to make such
restoration within twenty (20) calendar days after completion of construction, or such other time
as may be required by the City, the City may, after ten (10) days notice to the Franchisee,
perform such restoration using City employees, agents or contractors, and charge all costs of the
restoration against the Franchisee and require reimbursement within twenty (20) days after the
submission of the bill by the City to the Franchisee.
F. The City shall have the authority to require a Franchisee to remove or to relocate
its facilities in the Public Rights-of-Way, to the extent not prohibited by applicable Law. A
Franchisee shall, on the request of any Person holding a building-moving permit issued by the
City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such
temporary removal or raising or lowering of wires shall be paid by the Person requesting same,
and the Franchisee shall have the authority to require such payment in advance, except in the
566020/Ordinances/CableTelevision6-17-02 43 ORDINANCE NO.2002-035
case where the requesting Person is the City, in which case no such payment shall be required.
The Franchisee shall be given not less than five (5) calendar days advance notice to arrange for
such temporary wire changes.
G. A permit from the City constitutes authorization to undertake only certain
activities on Public Rights-of-Way in accordance with this Article, and does not create a property
right or grant authority to impinge upon the rights of others who may have an interest in the
Public Rights-of-Way. The City may issue such rules and regulations concerning the installation
and maintenance of a Cable System and OVS installed in the Public-Rights-of-Way, as may be
consistent with this Article and the Franchise Agreement. City makes no warranties or
representations regarding the fitness, suitability or availability of Public Rights-of-Way for a
Franchisee's facilities and any performance of work or costs incurred by a Franchisee shall be at
Franchisee's sole risk. Nothing in this Article shall affect the City's authority to add, vacate or
• abandon Public Rights-of-Way.
H. In connection with excavation in the Public Rights-of-Way, a Franchisee shall,
where applicable, comply with the Underground Facility Damage Prevention and Safety Act set
forth in Chapter 556, Florida Statutes (2000), as it may be amended.
I. A Franchisee shall upon notice to the City of not less than seven (7) days,
emergency situations excepted, have the authority to trim trees or other natural growth upon and
overhanging the Public Rights-of-Way so as to prevent the branches of such trees from coming
in contact with the wires and other equipment of the Franchisee, except that, at the option of the
City, such trimming as may be done by it or under its supervision and direction at the expense of
the Franchisee. All such work shall be done in accordance with such standards as have now or
hereafter may be established by the City.
566020/Ordinances/CableTelevision6-17-02 44 ORDINANCE NO.2002-035
J. A Franchisee shall install and maintain its facilities in the Public Rights-of-Way
in a manner consistent with accepted industry practice and applicable Law. A Franchisee shall
use all safety practices required by Law when performing construction, maintenance, and repair.
A Franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures, and other equipment in accordance
with the requirements of the South Florida Building Code, as that may be amended, and
any other applicable building or electrical safety code, and in such manner so that they
will not interfere with any installations of the City.
(2) Keep and maintain in a safe, suitable, and substantial condition, and in good order
and repair, all structures, lines, equipment, and connections in the Public Rights-of-Way
or places of the City, wherever situated or located.
K. On Public Rights-of-Way where electrical or telephone utility wiring is located
® underground, either at the time of initial construction of a Cable or Open Video System or at any
time thereafter, a Franchisee's cable shall also be located underground at the Franchisee's
expense. Between a street and a Subscriber's residence, a Franchisee's cable Drop must be
located underground if both electrical and telephone utility wiring are located underground. If a
Franchisee is otherwise not required to locate its cable underground, a Franchisee shall at the
Subscriber's request, locate its cable Drop between a street and a Subscriber's residence
underground if the Subscriber pays the Franchisee's actual costs of such underground location.
The City shall encourage, to the extent feasible, that other users of the Public Rights-of-Way and
the Franchisee cooperate in opening up trenches and making such trenches available to all parties
with the understanding that the costs of opening and retiling of such trenches would be shared
equally by all users of such trenches. Notwithstanding anything to the contrary, with respect to
•
566020/Ordinances/CableTelevision6-17-02 45 ORDINANCE NO.2002-035
underground or aerial construction, a Franchisee shall install underground extensions of lines in
new residential subdivisions over five (5) units or new multiple occupancy buildings where all
other utilities will also be installed underground.
L. A Franchisee shall publicize the initial build or any substantial rebuild, upgrade,
or extension of its facility that involves work in Public Rights-of-Way in each affected
neighborhood at least one (1) week prior to commencement of that work by causing written
notice of such construction to be delivered to the City and by notifying those Persons whose
property is within three hundred (300) feet of the work in at least two (2) of the following ways:
by telephone, in person, by mail, by distribution of flyers, by publication in local newspapers, or
in any other manner reasonably calculated to provide adequate notice. Apart from any initial
build or substantial rebuild or upgrade, any underground construction will be publicized in
accordance with applicable notice requirements. Before performing construction on private
• property, a Franchisee shall use its best efforts to contact the property owner or resident and
describe the construction to be performed.
M. The City shall have the right to make such inspections of facilities in the Public
Rights-of-Way as it finds necessary to ensure compliance with this Article. In the event the City
determines that a violation exists with respect to a Franchisee's facilities in the Public Rights-of-
Way that is not considered to be an emergency or danger to the public health, safety or welfare,
the City will provide Franchisee no less than three (3) days notice setting forth the violation and
requesting correction.
N. A Franchisee shall ensure that it provides the City with plans, revised as
necessary, or "as-builts," that show the locations of the actual installation of facilities in the
Public Rights-of-Way. The plans shall be in a digitized format showing the two-dimensional
•
566020/Ordinances/CableTelevision6-17-02 46 ORDINANCE NO.2002-035
location of the facilities based on the City's Geographical Database, or other format acceptable
to the City. The Franchisee shall provide such plans at no cost to the City. The City shall
maintain the confidentiality of such plans and any other information provided in accordance with
Section 202.195, Florida Statutes, as it may be amended.
O. The City reserves the right to place and maintain, and permit to be placed or
maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities,
cables or conduit, and to do, and to permit to be done, any underground and overhead installation
or improvement that may be deemed necessary or proper by the City in Public Rights-of-Way
occupied by a Franchisee. A Franchisee may allow City facilities to be co-located within City's
Public Rights-of-Way through the use of a joint trench during Franchisee's construction project.
Such joint trench projects shall be negotiated in good faith by separate agreement between a
Franchisee and City and may be subjected to other City Rights-of-Way requirements. The City
• further reserves without limitation the right to alter, change, or cause to be changed, the grading,
installation, relocation or width of the Public Rights-of-Way within the limits of the City and
within said limits as same may from time to time be altered.
P. The City shall have the right to install and maintain free of charge upon any pole
or in any conduit owned by a Franchisee any wire or fixtures that do not interfere unreasonably
with a Franchisee's operations and the City may be required to indemnify the Franchisee for all
claims arising out of the City's use of Franchisee's poles and conduits.
Q. To the extent that any Person leases or otherwise uses facilities of a Franchisee,
such Person shall make no claim, nor assert any right, which will impede the lawful exercise of
the City's rights, including requiring the removal of such facilities from the Public Rights-of-
566020/Ordinances/CableTelevision6-17-02 47 ORDINANCE NO. 2002-035
Way of the City, regardless of the effect on the Person's ability to use Franchisee's facilities in
Public Rights-of-Way of the City.
Section 22-111. Suspension of Permits.
A. Subject to this Article, the City may suspend a permit issued or deny an
Application for a subsequent permit to a Franchisee for work in the Public Rights-of-Way for
one or more of the following:
(1) Failure to satisfy permit conditions, or conditions set forth in this Article or other
applicable City codes, regulations or orders governing the Public Rights-of-Way,
including without limitation, failure to take reasonable safety precautions to alert the
public of work at the work site, or to restore any Public Rights-of-Way;
(2) Misrepresentation or fraud by Franchisee;
(3) Failure to have a valid Franchise;
(4) Failure to relocate or to remove facilities as may be lawfully required by the City.
B. After the suspension or denial of a permit pursuant to this Section, the City shall
provide notice of the reason to the Franchisee. Upon correction of any grounds that gave rise to
a permit suspension or denial, the City may lift the suspension or denial.
Section 22-112. Construction Bond.
A. Prior to any construction, upgrade, rebuild,or other significant work in the Public
Rights-of-Way, a Franchisee shall establish in the City's favor a construction bond in an amount
specified in the Franchise Agreement, permit, or other authorization as necessary to ensure the
Franchisee's faithful performance of the construction, upgrade, rebuild, or other work. The
amount of the construction bond shall be based on the nature of the construction to be performed.
566020/Ordinances/CableTelevision6-17-02 48 ORDINANCE NO. 2002-035
B. In the event a Franchisee subject to such a construction bond fails to complete the
construction in a safe, timely, and competent manner in accord with the provisions of the
Franchise Agreement, permit, or other requirement of the City, there shall be recoverable,jointly
and severally from the principal and surety of the bond, any damages or loss suffered by the City
as a result, including the full amount of any compensation, indemnification, or cost of removal or
abandonment of any property of the Franchisee, or the cost of completing or repairing the
construction, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.
The City may also recover against the bond any amount recoverable against the Security Fund
pursuant to this Article where such amount exceeds that available under the Security Fund.
C. The Franchise Agreement, permit, or other authorization from the City may
specify that upon completion of the System construction, upgrade, rebuild, or other work in the
streets and payment of all construction obligations of the Cable System to the satisfaction of the
• City, the City may eliminate the bond or reduce its amount. However, the City may
subsequently require an increase in the bond amount for any subsequent construction, upgrade,
rebuild, or other work in the streets.
D. The construction bond shall be issued by a surety having a minimum rating of A-1
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the
City Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty
(60) days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
M
566020/Ordinances/CableTelevision6-17-02 49 ORDINANCE NO.2002-035
E. The rights reserved by the City with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the City may have under
this Article, the Franchise Agreement, or at Law or equity.
Section 22-113. Minimum Facilities and Services.
A. The following minimum requirements for facilities and services apply to all
Franchisees operating a Cable System within the City. The City may require in a Franchise
Agreement that a Franchisee exceed these minimum requirements including, but not limited to,
compliance with State-of-the-Art obligations incorporated within a Franchise Agreement, where
it determines, under circumstances existing at the time of the Application, that the additional
requirements are necessary to meet the City's future cable related needs and interests or to serve
the public interest.
(1) Any Cable System lawfully providing service to Subscribers within the City as of
the effective date hereof shall upgrade or rebuild its System to have a minimum Channel
capacity of 72 Channels no later than two (2) years from the effective date of this Article
(2) A Franchise Agreement may provide for further upgrade or the rebuild of a
System to comply with the "State of the Art" as defined in this Article and the terms and
conditions of a Franchise Agreement. Such upgrade or rebuild shall be completed by the
deadline established in such Agreement.
B. A Franchisee shall provide Access Channels, facilities, and other support for
educational and/or governmental use as required in a Franchise Agreement and this Article. A
Franchisee shall provide Access Channels dedicated to the exclusive use of the City and such
other support for educational and/or governmental use as required in a Franchise Agreement.
C. A Cable System shall provide commercial leased Channels as required by Law.
566020/Ordinances/CableTelevision6-17-02 50 ORDINANCE NO.2002-035
r
D. The Franchisee located closest to every local government building, public school
K-12 private school K-12 , and public library shall, upon request, provide at least one Cable
� )gyp � )
Service outlet and at least one additional outlet equipped for on-line access to each floor of the
aforementioned buildings within its Franchise area at no cost to the City or school involved, and
shall-charge no more than its time and material costs for any additional service outlets to such
facilities. Cable Service and on-line access may be provided to certain local government
buildings via alternate means, as set forth in a Franchise Agreement.
E. At a minimum, the Franchisee.will provide a free modem and free unlimited cable
Internet service to one computer in all connected schools within a year after Franchisee makes
personal computer-based internet access service via cable commercially available to any
residential Subscribers within the City. At a minimum, Basic and enhanced Basic Service and
Service offered on migrated and new product tiers will be provided to all connected public and
private schools free of charge. The Franchisee will provide a free monthly educational program
listing to each connected school to the extent such program listing is available. The Franchisee
will sponsor local workshops on use of the cable modem Service.
F. A Franchisee shall design its System to allow the City or other appropriate
government body to interrupt Cable Service in an emergency to deliver necessary information to
Subscribers consistent with FCC rules.
G. A Franchisee shall make available to its Subscribers equipment capable of
decoding closed circuit captioning information for the hearing impaired. A Franchisee may
impose a reasonable charge for such equipment.
H. Standard installation shall consist of a Drop, not exceeding 125 feet from the
cable plant to the nearest entry point of a Subscriber's residence or commercial building. A
566020/Ordinances/CableTelevision6-17-02 51 ORDINANCE NO.2002-035
Franchisee may charge for Subscriber Drops in excess of 125 feet according to the Franchisee's
rate schedule.
I. Unless authorized by the City, no Franchisee will construct or activate a System
upgrade or rebuild in any community outside of the City serviced by the same System unless it
activates the upgrade for all Subscribers in the City within 180 days of the upgrade being first
J
activated the initial location.
J. Interconnection
(1) All Cable Systems and Open Video Systems operating in the City shall be
required to Interconnect with every other Cable or Open Video System within the City on
fair and reasonable terms for the purpose of allowing Subscribers to view Access
Channels and for the City to utilize services provided over an Institutional Network.
(2) Applications for initial or renewed Franchises shall include a plan for
Interconnection of the Cable System or OVS to any or all other Cable Systems or Open
Video Systems operating within the City. Franchisees may apply to the City for relief
from the requirement for Interconnection.
K. Institutional Network
(1) Applications for an initial or renewed Franchise may, and at the City's request,
shall, include a plan for the provision of an Institutional Network interconnecting City
facilities, educational institutions, and/or other public facilities.
(2) The City will determine the technical specifications of the I-NET as may be
negotiated.
(3) At a minimum, the I-NET will have the capability of transmitting voice, video
and data signals between facilities connected to the I-NET.
566020/Ordinances/CableTelevision6-17-02 52 ORDINANCE NO.2002-035
L. A Franchise Agreement may specify the construction schedule that will apply to
any required construction, upgrade or rebuild. The schedule shall provide for prompt completion
of the project, considering the amount and type of construction required, as well as for liquidated
damages if the schedule is not met.
Section 22-114. Technical Standards.
A. Any Cable System within the City shall at minimum meet the technical standards
of the FCC or other applicable federal or state technical standards, including any such standards
as hereinafter may be amended or adopted. Specifically, all Cable Systems shall satisfy the
FCC's technical standards contained in 47 C.F.R. 76.605, as such standards may be amended.
All television signals transmitted on a Cable System shall include any closed circuit captioning
information for the hearing impaired. Antennas, supporting structures, and outside plant used in
the System shall be designed to comply with all generally accepted industry practices and
standards and with all federal, state, county, City, and/or utility laws, ordinances, rules, and
regulations.
B. All construction, installation, and maintenance shall comply with the National
Electrical Safety Code, the National Electric Code, the South Florida Building Code, and all laws
and accepted industry practices, and as hereinafter may be amended or changed.
C. At the times specified in the Franchise Agreement or as required by FCC rules,
the Franchisee shall perform at its expense proof of performance tests designed to demonstrate
compliance with the requirements of this Article, the Franchise Agreement, and FCC
requirements. The Franchisee shall provide, upon written request, the proof of performance test
results to the City within thirty (30) days after completion. The City shall have the right to
inspect the Cable System facilities and a Franchisee's records during reasonable business hours
566020/Ordinances/CableTelevision6-17-02 53 ORDINANCE NO.2002-035
to ensure compliance with the requirements of the Franchise Agreement, this Article, FCC and
other applicable standards.
D. The City may require any other tests as specified in a Franchise Agreement or
applicable Law to be performed at the expense of the Franchisee. The Franchisee shall provide
the test results to the City within thirty (30) days of completion of such other tests.
E. The Franchisee shall provide the City ten (10) days advance written notice when a
proof of performance or test required in C and D above is scheduled so that the City may have an
observer present.
F. A Franchisee shall not design, install, or operate its facilities in a manner that will
interfere with the signals of any broadcast station, the facilities of any public utility, the Cable
System of another Franchisee, or individual or master antennas used for receiving television or
other broadcast signals.
Section 22-115. Access Channels and Facilities.
A. Municipal Access Channels
(1) At a minimum, all Franchisees operating a Cable System in the City shall provide
at least one (1) Access Channel for the City's sole use capable of showing City
Commission meetings to Subscribers within the City, within ninety (90) days of the
effective date of this Article.
(2) Applications for an Initial or renewed Franchise may, and at the City's request,
shall include proposals for the provision of at least one (1) Access Channel, which shall
contain programming as authorized solely by the City.
(3) At any time the initial Access Channel provided to the City by a Franchisee is
programmed during at least eight (8) hours per day with non-duplicative programming
566020/Ordinances/CableTelevision6-17-02 54 ORDINANCE NO.2002-035
(i.e., bulletin board messages will not be considered programming for purposes of this
Section), Monday through Friday, for six (6) consecutive weeks, the Franchisee shall,
without charge, at the request of the City, provide the City with a second Access Channel.
If at any time the first and second Access Channels provided to the City by a Franchisee
are programmed with non-duplicative programming during at least eight (8) hours per
day, Monday through Friday, for six (6) consecutive weeks, the Franchisee shall, without
charge, at the written request of the City, provide the City with a third Access Channel at
no charge. In the event the programming on the Access Channels falls below the amount
specified above, then a Franchisee shall have the right to deactivate the subsequently
provided Access Channels. The City may by resolution adopt rules and regulations
concerning use of the Access Channels.
(4) The City may require in a Franchise Agreement that a Franchisee provide live
cablecasting of Commission meetings in their entirety to all of Franchisee's Subscribers
located within the City. The City may require the replay of such meetings at times
specified by the City.
B. Facilities to Support Programming on the Access Channels
(1) A Franchise Agreement may provide for the use of the Franchisee's studio
facilities, equipment, and personnel services within Broward County for the production
of live and videotaped municipal programs, subject to reasonable availability and to
scheduling requirements of the Franchisee.
(2) A Franchisee shall provide, at the request of the City, use of the Franchisee's
studio equipment and technical services for character generation and cablecasting of such
566020/Ordinances/CableTelevision6-17-02 55 ORDINANCE NO.2002-035
character generation on the Municipal Access Channel, subject to reasonable availability
and scheduling requirements of the Franchisee.
(3) A Franchise Agreement may provide that upon the City's request, the Franchisee
shall provide at its cost, trained personnel and necessary equipment for:
a. Live cablecasting of events at the location of Commission meetings; and
b. The production of videotapes of municipal programs and events that take
place at locations other than the location of Commission meetings. Such
videotapes shall be played and replayed on the Access Channel at times specified
by the City.
C. Live cablecasting may be facilitated with the Interconnection among
Franchisees pursuant to this Article. At the time of the City's request for live
cablecasting of Commission meetings, the Franchisee serving the largest number
of Subscribers shall be responsible for live cablecasting production of
professional quality, including all necessary equipment and trained personnel. If
requested by the Franchisee so responsible, all other Franchisees shall share in the
cost of producing and delivering the live cablecasting to all Subscribers on a pro-
rata per Subscriber basis.
d. In the event that the City changes the location of City Commission
meetings and desires to change the location where live cablecasting of City
Commission occurs, the City may extend a Franchisee's Franchise Agreement by
one (1) year to allow the Franchisee to recover the incremental costs of the
construction of the additional plant required to provide the live cablecasting from
566020/Ordinances/CableTelevision6-17-02 56 ORDINANCE NO. 2002-035
the new location, or in the alternative, the City may agree to reimburse the
Franchisee the costs of construction.
i
C. At the City's discretion, a Franchise Agreement may provide for a financial grant
in lieu of some or all of the facilities, equipment, and services referenced in this Article.
D. All facilities, equipment, services, and all other support to be provided by a
Franchisee pursuant to this Article or a Franchise Agreement shall constitute capital costs which
are required to be incurred by the Franchisee for public, educational, or governmental access
facilities within the meaning of §622(g)(2)(c) of the Cable Act, 47 U.S.C. §542(g)(2)(c). Such
support grants do not constitute a Franchise fee or tax within the meaning of the Cable Act, state
Law, this Article, or any Franchise Agreement.
Section 22-116. Insurance and Indemnification.
A. A Franchisee shall maintain, and by its acceptance of a Franchise specifically
agrees that it will maintain, throughout the entire term of the Franchise including any renewals
thereof, the following liability insurance coverage insuring the Franchisee and naming the City
as an additional insured: worker's compensation and employer liability insurance to meet all
requirements of state Law and general comprehensive liability insurance with respect to the
construction, operation, and maintenance of the Cable System, and the conduct of the
Franchisee's business in the City, in the minimum amounts of:
(1) $1 million for property damage in any one accident;
(2) $1 million for personal bodily injury to any one Person; and
(3) $3 million for personal bodily injury in any one accident.
B. All insurance policies shall be with sureties qualified to do business in Florida and
shall be with sureties with a minimum rating of A in Best's Key Rating Guide, Property/Casualty
566020/Ordinances/CableTelevision6-17-02 57 ORDINANCE NO.2002-035
Edition. The City may require coverage and amounts in excess of the above minimums where
necessary to reflect changing liability exposure and limits or where required by Law.
C. A Franchisee shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that
the City, its officers, boards, Commission, Commission members, agents, and employees are
listed as additional insureds. In the event of a potential claim such that the City claims insurance
coverage, the Franchisee shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. All insurance policies shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days prior written notice thereof has been given
to the City. A Franchisee shall not cancel any required insurance policy without submission of
proof that the Franchisee has obtained alternative insurance satisfactory to the City that complies
with this Article.
E. A Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and
defend the City, its officials, boards, commission, commission members, agents, and employees,
against any and all claims, suits, causes of action, proceedings, judgments for damages or
equitable relief, and costs and expenses arising out of the construction, maintenance, or operation
of its Cable System or Open Video System, the conduct of Franchisee's business in the City, or
in any way arising out of the Franchisee's enjoyment or exercise of a Franchise, regardless of
whether the act or omission complained of is authorized, allowed, or prohibited by this Article or
a Franchise Agreement. In addition, and notwithstanding anything to the contrary, any
Franchisee granted a renewal of a Franchise on or after the effective date of this Article shall
indemnify and hold harmless the City, its officials, boards, commission, commission members,
566020/Ordinances/CableTelevision6-17-02 58 ORDINANCE NO.2002-035
and agents or employees from any claim arising under federal or state Law. This provision
includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against
any such claim, suit, or proceedings; and claims arising out of copyright infringements or a
failure by the Franchisee to secure consents from the owners, authorized distributors, or
providers of programs to be delivered by the Cable System or Open Video System, claims
arising out of Section 638 of the Cable Act, 47 U.S.C. §558, and claims against the Franchisee
for invasion of the right of privacy, defamation of any Person, or the violation or infringement of
any copyright, trademark, trade name, service mark or patent, or of any other right of any Person.
The City agrees to notify Franchisee, in writing, within ten (10) days of the City receiving notice
of any issue it determines may require indemnification. Nothing in this Article shall prohibit the
City from participating in the defense of any litigation by its own counsel and at its own cost.
Section 22-117. Security Fund.
A. The City may require in a Franchise Agreement that the Franchisee post with the
City a security fund. Such fund may be in the form of a cash deposit, letter of credit, or bond as
agreed to in the Franchise Agreement. The security fund will be used to ensure the Franchisee's
faithful performance of and compliance with all provisions of this Article, the Franchise
Agreement, and other applicable Law, and the payment by the Franchisee of any claims, liens,
fees, or taxes due the City which arise by reason of the construction, operation, or maintenance
of the Cable System or OVS. The amount of the security fund shall be the amount that the City
determines, under circumstances existing at the time, that is necessary to protect the public, to
provide adequate incentive to the Franchisee to comply with this Article and the Franchise
Agreement, and to enable the City to enforce effectively compliance therewith. The Franchise
Agreement shall provide for the procedures to be followed with respect to the security fund.
566020/Ordinances/CableTelevision6-17-02 59 ORDINANCE NO.2002-035
Neither the posting of the cash deposit or filing of an indemnity bond or any form of surety bond
• with the City, nor the receipt of any damages recovered by the City thereunder, shall be
construed to excuse faithful performance by the Franchisee or limit the liability of the Franchisee
under the terms of its Franchise for damages, either to the full amount of the bond or otherwise.
B. The rights reserved to the City with respect to the security fund are in addition to
all other rights of the City, whether reserved by this Article or authorized by other Law or the
Franchise Agreement, and no action, proceeding, or exercise of a right with respect to such
security fund will affect any other right the City may have.
Section 22-118. Records and Reports.
A. To the extent allowed by applicable law, no later than June 30 of each year, and,
for items that are to be submitted upon request of the City, no later than thirty (30) days
following such request, a Franchisee shall provide the City an annual report concerning the
• previous calendar year that includes, at a minimum, the following information:
(1) A summary, including all reasonably available information, of the previous
calendar (January 1 through December 31) year's activities in development of the State
of the Art of Cable Systems and activities in development of the System serving the City,
including, but not limited to, services and products initiated or discontinued, new
technologies, number of Subscribers for each tier or type of Service (including gains and
losses), homes passed, and miles of cable distribution plant in service. The summary shall
also include a comparison of any construction, including System upgrades, during the
year with any projections previously provided to the City, as well as rate and charge
increases and/or decreases for the previous fiscal year. It is the obligation of the
•
566020lOrdinances/CableTelevision6-17-02 60 ORDINANCE NO.2002-035
Franchisee to include within this report any and all information necessary to evaluate
Franchisee's System as compared to the State of the Art as defined in this Article.
(2) A financial statement of the previous calendar year, including a statement of
income and sources of revenues. The statement shall be audited if the Franchisee has
audited statements performed in its normal course of business. If not, the Franchisee's
chief financial officer or other duly authorized financial officer shall certify the
statement. The statement shall include notes that specify all significant accounting
policies and practices upon which it is based. Upon request, a Franchisee shall provide a
summary comparing the current year with previous years of the Franchise.
(3) Upon request, a summary of Subscriber or resident Complaints, identifying the
number and nature of Complaints and their disposition. Where Complaints involve
recurrent System problems, the nature of each problem and the corrective measures taken
shall be identified. More detailed information concerning Complaints shall be submitted
upon request of the City.
(4) Upon request, the number and duration of outages, number of planned outages,
and number of outages during prime viewing hours (8:00p.m. - 11:00p.m.).
(5) Upon request, if the Franchisee is a corporation, a list of officers and members of
the board of directors; the officers and members of the board of directors of any parent
corporation.
(6) Upon request, if the Franchisee is a partnership, a list of the partners, including
any limited partners, and their addresses; and where the general partner or its parent
corporation's ownership interests are publicly traded, a copy of its most recent annual
report.
566020/Ordinances/CableTelevision6-17-02 61 ORDINANCE NO.2002-035
(7) Upon request, a list of all Persons who at the time of filing control or hold five
percent (5%) or more ownership or otherwise cognizable interest in the Franchisee
pursuant to 47 CFR 76.501.
(8) Upon request, a copy of the Franchisee's rules and regulations applicable to
Subscribers of the Cable System.
(9) Upon request, a report on the number of senior citizens, economically
disadvantaged, or handicapped Subscribers receiving any rate discounts, the number of
multiple dwelling buildings and property owners' associations and units therein receiving
any discount and the amount of any such discounts for specific Services if the Franchisee
offers separate rates or discounts for those categories of Subscribers.
(10) A full schedule and description of Services, office and telephone hours, and
location of the Franchisee's customer service offices available to Subscribers, and a
schedule of all rates, fees, and charges for all Services provided over the Cable System.
(11) A report on the number of total Subscribers served by the Franchisee in the City,
with a breakdown by the types of Services received by the Subscribers.
B. A Franchisee shall provide, on an annual basis, the following documents to the
City as received or filed, without regard to whether the documents are filed by the Franchisee or
an Affiliate:
(1) Annual report of the Franchisee or any affiliate of the Franchisee that controls the
Franchisee and issues an annual report;
(2) Upon the City's request, copyright filings reflecting the operation of the System;
(3) Upon the City's request, FCC Forms 325 and 395A for the System, or their
successor forms;
40
56602010rdinances/CableTelevision6-17-02 62 ORDINANCE NO.2002-035
(4) Any and all pleadings, petitions, applications, communications, reports, and
documents (collectively referred to as "filings") submitted by or on behalf of the
Franchisee to any state or federal agency, court, or regulatory commission which filings
may impact the Franchisee's operation of the Cable System in the City or that may
impact the City's rights or obligations under this Article or a Franchise Agreement and
any and all responses, if any, to the above mentioned filings.
(5) Any and all notices of deficiency, forfeiture, or documents instituting any
investigation or civil or criminal proceeding issued by any state or, federal agency
regarding the System, the Franchisee, or any Affiliate of the Franchisee, provided,
however, that any such notice or documents relating to an Affiliate of Franchisee need be
provided only to the extent the same may directly or indirectly affect the Franchisee's
operations in the City. For example, a notice that an Affiliate, which has a management
• contract for the System in the City, was not in compliance with FCC EEO requirements
would be deemed to affect operations in the City.
(6) Any request for protection under bankruptcy laws, or any judgment related to a
declaration of bankruptcy.
(7) Notwithstanding anything to the contrary, a Franchisee shall provide the City,
within thirty (30) days of filing or receipt of such, any document that may adversely
impact the construction, operation, or maintenance of the Franchisee's Cable System.
C. A Franchisee shall make a complete set of books and records available for
inspection and audit by the City in Broward County, for purposes of ascertaining compliance
with requirements of this Article and the Franchise Agreement. Such inspection and audit shall
be upon reasonable notice and during normal business hours.
566020/Ordinances/CableTelevision6-17-02 63 ORDINANCE NO.2002-035
D. Franchisees shall at all times maintain records that the City may obtain upon
request to demonstrate compliance with the customer service standards contained in this Article.
E. Any materials to be submitted to the City that a Franchisee deems proprietary and
confidential shall be made available for review and inspection by the City (but not copying or
removal, unless otherwise required by applicable Law, including, but not limited to, the Florida
public records law), but shall not be required to be filed with the City.
Section 22-119. Reserved.
566020/Ordinances/CableTelevision6-17-02 64 ORDINANCE NO.2002-035
DIVISION III -- CONSUMER PROTECTION STANDARDS
rSection 22-120. Compliance With Consumer Protection Standards.
A. Transition Period. To provide Franchisees a reasonable opportunity to make
necessary changes to their operations, the customer service provisions contained within this
Article will be enforced beginning ninety (90) days after adoption.
B. General Applicability. A Franchisee shall comply with the consumer protection
standards contained in this Article during normal operating conditions. "Normal operating
conditions" means those Service conditions that are within the control of the Franchisee. Those
conditions that are not within the control of the Franchisee include, but are not limited to, natural
disasters, civil disturbances, power outages, telephone network outages, and severe or unusual
weather conditions. Those conditions that are ordinarily within the control of the Franchisee
include, but are not limited to, special promotions, pay-per-view events, rate increases, regular
• peak and seasonal demand periods, and maintenance or upgrade of the Cable System. Each
Cable Franchisee must satisfy other cable consumer protection standards established by the
City from time to time by ordinance or by resolution. In addition, each Franchisee shall at all
times satisfy any additional or stricter requirements established by applicable Law,including,
without limitation, FCC customer service standards and consumer protection laws.
C. Application to Open Video Systems. The customer service standards contained
in this Article apply to Open Video Systems to the extent permissible by applicable law. A
Franchisee providing Cable Service via an Open Video System or a cable operator that enters
into an agreement to comply with the customer service standards applicable to Cable Systems
may be certified by the City as "Consumer Friendly" if the City determines that the Person is
complying with the requirements contained herein. The City may revoke the certification for
566020/Ordinances/CableTelevision6-17-02 65 ORDINANCE NO.2002-035
failure to comply with the standards, or,if the City is unable to determine whether the Person is
in compliance.
D. Maintenance Generally. A Franchisee shall maintain all parts of its System in
good condition and in accordance with standards generally observed by the cable television
industry. Sufficient employees shall be retained to,provide safe, adequate, and prompt service for
all of its customers and facilities.
E. Customer Issues Received By the City and Referred to a Franchisee.
(1) A Franchisee shall maintain designated representatives responsible for resolving
customer issues received by the City from residents. A Franchisee shall provide the City with
current direct telephone numbers, direct facsimile numbers and email addresses of
representatives and their supervisors designated to resolve customer issues received by the City
for referral to the Franchisee. A Franchisee shall provide the City with current direct contact
telephone numbers, facsimile numbers, and email addresses for the general manager or
equivalent employee with responsibility for operations within the City and for management level
personnel with responsibility for customer installation, repair, and billing. Such telephone
numbers shall generally be answered by a live person capable of resolving customer issues)
referred by the City. A Franchisee shall respond to customer.issues referred by the City within
24-hours, and shall notify the City of the resolution or of its efforts to resolve the customer issue
within five (5) business days. The City may develop a form for use by a Franchisee in
responding to customer issues referred to a Franchisee.
(2) The City may notify a Franchise of its non-compliance with Sections A, B, C, E
and F(l) above. The Franchise shall have thirty (30) calendar days after receipt of such
notification to cure the violation or to respond with a plan satisfactory to the City to cure the
566020/Ordinances/CableTelevision6-17-02 66 ORDINANCE NO.2002-035
violation. If the Franchisee does not cure the violation or provide a satisfactory plan to cure the
violation within such time-period, the City may fine a Franchisee for violation of this Section a
maximum of $250 for each violation with each day of a continuing violation constituting a
separate violation. The fines shall begin to accrue on the first business day after the thirty-day
(30) cure period has terminated.
Section 22-121. Business office.
A) A Franchisee shall maintain at least one conveniently located business office and
service center within City limits under the name in which it does business within the City.
Consumers may make payments, obtain information, return, pick up and exchange equipment, or
conduct other business regarding Cable Service at the business office.�This business office shall
be open at minimum from 9:00 a.m. to 5:00 p.m., Monday through Friday, and at least four (4)
weekend and four (4) evening hours. However, where a Franchisee makes available equipment
pick-up and delivery service to Subscribers at no charge to the Subscriber, and where the
Franchisee provides for payment of Subscriber bills via credit card, via telephone, or via a check
depository within the City, such Franchisee's obligation pursuant to this Section shall be to
maintain the business office within ten (10) miles of the City limits. The City may waive
temporarily a Franchisee's obligation to have an office within the City if Franchisee provides
other methods for providing convenient services to its customers.
B) The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
•
566020/Ordinances/CableTelevision6-17-02 67 ORDINANCE NO.2002-035
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty-day (30) cure period has terminated.
Section 22-122. Toll-Free Telephone Number.
A. The Franchisee (or their Affiliates), shall maintain a listed, toll-free telephone
number under the business name familiar to consumers and employ a sufficient number of
telephone lines, personnel, and answering equipment or service to allow reasonable access by
Subscribers and members of the public to contact the Franchisee on a full-time basis, 24 hours
per day, seven days per week, including holidays. Knowledgeable, qualified Franchisee
representatives will be available to respond to customer telephone inquiries, 24 hours per day,
seven days per week, including holidays.
B. Telephone Answering Time Standards. The Franchisee shall answer all customer
service and repair telephone calls made under normal operating conditions within 30 seconds,
including wait time and within an additional 30 seconds to transfer the call. Customers shall
receive a busy signal less than three percent (3%) of the time. To the extent technically feasible,
these standards should be measured with respect to telephone calls coming from the City. The
phrase "of the time" refers to the percentage of calls to a Franchisee. As an example, if 1000
customers call a Franchisee, fewer than 30 callers should receive a busy signal. These standards
shall be met no less than ninety percent (90%) of the time under normal operating conditions,
measured on a quarterly basis. If a Franchisee fails to meet these standards on a quarterly basis,
the Franchisee shall track the telephone answer time standards on a daily basis, beginning with
the first day following the end of the quarter for which the Franchisee fails to satisfy these
standards.
C. Violation.
566020/Ordinances/CableTelevision6-17-02 68 ORDINANCE NO.2002-035
(1) If a Franchisee violates the telephone answering standards contained herein for two
• consecutive quarters, the City may require the Franchisee to provide the City with a
communication traffic study within sixty (60) days of notice. The study will be conducted on all
customer service trunk lines and must include information on the efficiency of the
communications system measured from the telephone company's central office, as well as other
performance information available from the Franchisee's communication equipment. The study
must provide information that confirms the Franchisee's communications system is properly
trunked and staffed to meet the requirements of this Article using generally accepted telephonic
engineering standards.
(2) Based upon the findings of the traffic study that additional personnel or equipment is
needed and other, relevant considerations, the City may require the Franchisee to staff a
minimum specified number of customer service representatives or to add particular equipment to
handle telephone calls to the extent permitted by applicable law. If the City requires staffing or
additional equipment, the City and the Franchisee shall determine the minimum number of
customer service representatives and equipment necessary to allow the Franchisee to meet the
telephone answer standards contain in this Section. For purposes of this calculation, the number
of calls received daily shall be the median number of calls received on a daily basis for the
quarter during which the standards were not met.
(3) The City may notify a Franchisee of its non-compliance with this Section. The Franchisee
shall have thirty (30) calendar days from the first business day after receipt of such notification
or longer reasonable time period as determined by the City to cure the violation or to respond
with a plan satisfactory to the City to cure the violation. If the Franchisee does not cure the
violation or provide a satisfactory plan to cure the violation within such time-period, the City
566020/Ordinances/CableTelevision6-17-02 69 ORDINANCE NO.2002-035
may fine a Franchisee for violation of this Section a maximum of$500 for each violation with
each day of a continuing violation constituting a separate violation. The fines shall begin to
accrue on the first business day after the cure period as determined by the City has terminated.
Section 22-123. Installation and Service Standards.
A. A Franchisee shall employ and maintain sufficient qualified personnel and
equipment to be available:
(1) To accept payments and exchange or accept equipment.
(2) To receive Subscriber Complaints or requests for Service or repairs on a full-time
basis, 24 hours per day, seven days per week.
(3) To initiate Service installations, undertake normal repairs, and initiate action with
respect to any Subscriber Service Complaint within 24 hours.
(4) To enable a technician to respond to Service calls 24 hours per day, seven days a
week including holidays when more than 50 Subscribers served from the same nearest
active electronic device, such as an amplifier or node, call with a Complaint.
B. The Franchisee must meet each of the following standards no less than 95%
percent of the time under normal operating conditions as measured on a quarterly basis:
(1) Standard installation work shall be performed within seven (7) calendar days after
an order has been placed except in those instances where a Subscriber specifically
requests an installation date beyond the seven (7) calendar day period. "Standard"
installations are up to 125 feet from the existing distribution system. Installation requests
shall be completed within 120 days of a request where an extension of over 125 feet and
up to one-half mile is required and within 180 days where an extension of over one-half
mile is required. If scheduled installation is neither started nor completed as scheduled,
•
566020/Ordinances/CableTelevision6-17-02 70 ORDINANCE NO.2002-035
unless due to the customer's fault, an employee of the Franchisee will telephone the
Subscriber the same day. Evening personnel shall also attempt to call Subscribers at their
homes between the hours of 5:30 and 8:00 p.m. If the call to the Subscriber is not
answered, an employee of the Franchisee shall telephone the Subscriber the next day.
(2) The Franchisee will respond to Service Interruptions promptly and in no event
later than 24 hours after the interruption becomes known. Other requests for service will
be responded to promptly and in no event later than 48 hours after the initial request. All
Service Interruptions and Service problems within the control of the Franchisee will be
corrected within 72 hours after a Complaint.
(3) The appointment window alternatives made available for installations, Service
calls, repairs, and other installation activities will be either a specific time, a four-hour or
less block of time during normal business hours, or if requested by the Subscriber, "all
day." The Franchisee's scheduling options shall be clearly explained to Subscribers at
the time of the scheduling.
(3) The Franchisee may not cancel an appointment with a Subscriber after 5:00 pm
on the business day prior to the scheduled appointment.
C. Delayed service. If at any time an installer or technician is running late for a
scheduled appointment, an attempt to contact the customer will be made and the appointment
rescheduled as necessary at a time which is convenient for the customer. Subscribers who have
experienced one (1) missed installation or Service appointment due to the fault of Franchisee
shall receive standard installation free of charge. If the installation was to have been provided
free of charge or if the appointment was for Service or repair, the Subscriber shall receive a
credit of not less than twenty dollars ($20).
•
566020/Ordinances/CableTelevision6-17-02 71 ORDINANCE NO.2002-035
D. Services to Persons with Disabilities. With regard to Subscribers with disabilities,
upon Subscriber request, a Franchisee will arrange for pickup and/or replacement of converters
or other equipment at the Subscriber's address or by a satisfactory equivalent (such as the
provision of a postage-prepaid mailer), without a special charge.
E. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-124. Disconnection and Downgrades.
A. Voluntary Termination
(1) A Subscriber may terminate or downgrade Service at any time. A Franchisee will
disconnect from the Franchisee's Cable System or downgrade any Subscriber who so
requests within seven (7) business days. No charges for Service may be made after the
Subscriber requests disconnection or downgrade. No period of notice before voluntary
termination or downgrade of Cable Service may be required of Subscribers. There will
be no charge for disconnection, except for a collection fee authorized by applicable Law,
and any downgrade charges will conform to applicable Law. This section does not apply
to promotional contracts or bulk contracts where a Subscriber received an actual discount
from standard service rates for a multi-month contract, so long as (a) the disconnect fee
plus the amount paid by the customer is no higher than the amount the customer would
566020/Ordinances/CableTelevision6-17-02 72 ORDINANCE NO.2002-035
have paid for Service actually received before the disconnect request at the Franchisee's
prevailing rates for the Service; (b) the disconnect fee was stated prominently and in
writing, and provided to the customer before the customer began taking Service; and (c)
the Subscriber was given the option of disconnecting without a disconnect fee within the
first fifteen (15)days after Subscriber began receiving the discounted Service.
(2) Any security deposit and/or other funds, including interest, due a Subscriber that
disconnects or downgrades Service will be returned to the Subscriber within forty-five
(45) days from the date disconnection or downgrade was requested except in cases where
the Subscriber does not permit the Franchisee to recover its equipment, in which case the
amounts owed will be paid to Subscribers within forty-five (45) days of the date the
equipment was recovered.
(3) A Subscriber that requests to terminate a promotional offer or requests to return to
• the prior level of Service after the promotion ends, shall be able to do so without paying
any additional charges or being required to obtain additional equipment at the
Subscriber's cost.
B. Involuntary Disconnection.
(1) A Franchisee may not disconnect a Subscriber's Service for non-payment unless:
(a) The Subscriber is delinquent in payment for Cable Service;
(b) A written notice of impending disconnection, postage prepaid, has been
sent to the Subscriber after the due date of the bill, and at least ten (10) days
before the date on which Service may be disconnected, at the premises where the
Subscriber requests billing, which notice must identify the name and address of
the Subscriber whose account is delinquent, state the date by which disconnection
566020/Ordinances/CableTelevision6-17-02 73 ORDINANCE NO.2002-035
may occur if payment is not made, and the amount the Subscriber must pay to
avoid disconnection, and a telephone number of a representative of the Franchisee
who can provide additional information concerning and handle Complaints or
initiate an investigation concerning the Services and charges in question;
(c) The Subscriber fails to pay the amounts owed to avoid disconnection by
the date of disconnection; and
(d) No pending inquiry exists regarding the bill that the Subscriber has failed
to pay to which Franchisee has not responded in writing, if the Subscriber inquiry
was in writing, or via telephone or in writing if the Subscriber inquiry was via
telephone.
(2) A Subscriber is not delinquent in payment for a bill until after the date a late fee
could be imposed on that bill.
(3) Service may only be disconnected on days in which the Subscriber can reach a
representative of the Franchisee either in person or by telephone to make a payment on
the account.
(4) After disconnection, upon payment by the Subscriber in full of all proper fees or
charges, including the payment of the reconnection charge, if any, the Franchisee will
reinstate Service within five (5) business days, except as otherwise provided in this
1
Article below.
C. Immediate Disconnection. A Franchisee may immediately disconnect a
Subscriber if:
(1) The Subscriber is damaging, destroying, or unlawfully tampering with or has
damaged or destroyed or unlawfully tampered with the Franchisee's Cable System;
•
566020/Ordinances/CableTelevision6-17-02 74 ORDINANCE NO. 2002-035
(2) The Subscriber is not authorized to receive Service and is receiving it and/or is
• facilitating, aiding or abetting the unauthorized receipt of Service by others; or
(3) Subscriber-installed or attached equipment is resulting in signal leakage in
violation of FCC rules.
D. Other disconnection. Nothing in this Article shall be construed to prevent the
Franchisee from removing its property from a Subscriber's premises upon the termination of
Service consistent with FCC rules and any other applicable Law. At the Subscriber's request, a
Franchisee shall remove all of its facilities and equipment from the Subscriber's premises within
thirty (30) calendar days of the Subscriber's request. Where removal is impractical, such as with
buried cable or internal wiring, facilities and equipment may be disconnected and abandoned
rather than removed, unless there is a written agreement stating otherwise, provided, however,
that such agreement must be consistent with applicable Law and FCC rules. Notwithstanding
anything to the contrary, a Franchisee shall comply with all FCC rules as now or hereafter may
be amended with respect to Subscribers' rights and interests including,but not limited to, right to
purchase and determination of ownership of cable wiring and equipment.
E. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-125. Service Interruptions.
566020/Ordinances/CableTelevision6-17-02 75 ORDINANCE NO.2002-035
A. Intentional. The Franchisee shall intentionally interrupt service only for good
cause and for the shortest time possible. The Franchisee shall use its best efforts to ensure that
such interruptions shall occur during the least inconvenient times for Subscribers which shall be
the period between 1:00 A.M. and 6:00 a.m., if practicable. The Franchisee shall maintain and
make available to the City a written log for all intentional Service Interruptions.
B. Notification to City. The Franchisee shall notify the City immediately if a Service
Interruption is major, i.e. affects 50 or more Subscribers for a time period greater than three (3)
hours. The City may establish procedures for such notification after normal business hours.
C. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$250 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-126. Franchisee Identification.
A. Employee badges. The Franchisee shall cause all its field employees and field
contract workers to wear a picture identification badge indicating that they work for the
Franchisee. This badge shall be clearly visible to the public. Upon request, employees must
provide a supervisor's name and telephone number for members of the public to contact.
B. All company vehicles shall prominently display the name under which the
Franchisee is doing business, and logo, if any, in a manner clearly visible to the public.
Contractor vehicles shall prominently display the contractor name, contractor license number, if
566020/Ordinances/CableTelevision6-17-02 76 ORDINANCE NO.2002-035
applicable, and the Franchisee's name. There must be a listed local telephone number for the
names displayed.
C. When any work is performed by or on behalf of the Franchisee in the Public
Rights-of-Way where the work involves cutting or trenching, or requires more than one hour to
perform, each Franchisee will post a sign that prominently displays the name under which the
Franchisee is doing business in the City, and Franchisee's telephone number.
D. The telephone number posted must be a local or toll free number. The phone
must connect to Persons trained to receive and respond to calls regarding employees,
construction and problems (including repair problems) associated with construction.
E. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting s separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-127. Complaint procedures.
A. A Franchisee shall develop written procedures for the investigation and resolution
of all Subscriber or City resident Complaints, including, but not limited to, those regarding the
quality of Service and equipment malfunction, which procedures shall be subject to the review
and approval by the City. A Subscriber or City resident who has not been satisfied by following
the Franchisee's procedures may file a written Complaint with the City,, which will investigate
the matter and, in consultation with the Franchisee as appropriate, attempt to resolve the matter.
566020/Ordinances/CableTelevision6-17-02 77 ORDINANCE NO.2002-035
The City shall consider a Franchisee's good faith or lack thereof in attempting to resolve
Subscriber and resident Complaints in a fair and equitable manner in connection with the
Franchisee's renewal Application. The Franchisee shall maintain a complete list of all
Complaints not resolved within seven (7) days of receipt and the measures taken to resolve them.
This list shall be compiled in a form to be approved by the City. It shall be compiled on a
monthly basis. The list for each calendar month shall be supplied to the City upon the City's
request no later than the 15th day of the next month. The Franchisee shall also maintain a list of
all Complaints received for a period of 24 months, which list will be available to the City upon
the City's request.
B. A Franchisee may not prohibit a Subscriber from pursuing any lawful remedy,
including filing an action in an appropriate court, available under any applicable Law.
C. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$250 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-128. Communications with Customers, Bills, and Refunds.
The Franchisee shall abide by the following requirements governing communications
with customers, bills, and refunds:
566020/Ordinances/CableTelevision6-17-02 78 ORDINANCE NO.2002-035
A. Each Franchisee shall provide to Subscribers written information about each of
the following at the time of installation, at least once annually, and thereafter at any future time
upon request of a Subscriber:
(1) How to use the_Cable Service;
(2) Installation and Service maintenance policies;
(3) The products and Services offered;
(4) Prices and Service options;
(5) Channel positions of programming carried on the System;
(6) Franchisee's procedures for the receipt and resolution of Complaints;
(7) Franchisee's address of all business offices within Broward County and telephone
number to which Complaints may be reported, and the hours of operation;
(8) The telephone number and address of the City's office and, the City's office
designated to handle cable television Complaints and inquiries shall be printed on the
back of the bill;
(9) The availability of a parental control device and Services or specialized
equipment available to Subscribers with disabilities, and the conditions and costs to
obtain such devices and/or Services;
(10) Franchisee's information collection and disclosure policies for the protection of
Subscribers' privacy.
B. At the request of the City, a Franchisee shall provide written notice to all
Subscribers of any City meeting regarding the Franchisee's renewal, Transfer, or modification of
its Franchise. The City shall make such a request in writing, no less than thirty (30) days prior to
the mailing of any billing by the Franchisee. Said notices shall be made at the Franchisee's
566020/Ordinances/CableTelevision6-17-02 79 ORDINANCE NO.2002-035
expense and said expense shall not be considered part of the Franchise fee assessed pursuant to
this Article and shall not be regarded as a Franchise fee, as the term is defined in §622 of the
Cable Act, 47 U.S.C. §542.
C. Franchisee's bills to Subscribers will be clear, concise, and understandable. All
charges shall be separately itemized on the bill.
D. Refund checks will be issued promptly, but no later than the earlier of thirty (30)
days or the Subscriber's next billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the Franchisee if Service is terminated.
E. Credits for Service will be issued no later than the Subscriber's next billing cycle
following the determination that a credit is warranted.
F. A Franchisee shall provide Subscribers and the City with at least thirty (30) days
advance written notice of any changes in rates, charges, Channel lineup, changes in Subscriber
policies, or initiations or discontinuations or changes of Service or Services offered over the
Cable System within the control of the Franchisee. Notice to Subscribers and the City of such
changes not within the control of the Franchisee shall be provided as quickly as practicable.
G. Service Credits for Outages.
(1) A Franchisee shall credit a Subscriber's account a minimum of 1/301h of the
monthly charge for Service, upon request if a Subscriber is without Service or if Service
is substantially impaired under normal operating conditions, except caused by the
Subscriber, for a minimum of three (3) to less than twenty-four (24) hours. In the event
of a Service interruption for twenty-four (24) hours or longer, upon a Subscriber's
request, a Franchisee shall credit the Subscriber's account a minimum of ten percent
(10%) of a Subscriber's monthly bill, whichever is higher. For the purpose of this
566020/Ordinances/CableTelevision6-17-02 80 ORDINANCE NO.2002-035
Section, service interruption includes the loss of picture or sound on one or more cable
Channels, or the loss of cable Internet service under normal operating conditions. A
franchisee shall not be required to provide credits in one month in excess of a
Subscriber's monthly bill.
(2) A Subscriber shall be deemed to have requested a credit if the Subscriber requests
in writing or verbally a credit or complains about a Service Interruption within forty-five
(45) days of the outage.
(3) A Subscriber shall also be deemed to have requested a credit unless at least
quarterly the Franchisee sends each Subscriber a notice with the following text,
prominently displayed: "WE ARE REQUIRED TO GIVE YOU A CREDIT IF YOUR
SERVICE WAS OUT OR IMPAIRED FOR THREE HOURS OR MORE DURING
ANY DAY. YOU MUST CALL US OR WRITE US TO REQUEST THIS CREDIT
WITHIN 45 DAYS OF THE DATE OF THE SERVICE OUTAGE OR IMPAIRMENT."
H. Billing.
(1) The Franchisee's first billing statement after a new installation or service change
shall be pro-rated as appropriate and shall reflect any security deposit.
(2) The Franchisee's billing statement must be fully itemized, with itemizations
including, but not limited to, basic and premium Service charges and equipment charges.
Bills will also clearly delineate all activity during the billing period, including optional
charges, rebates and credits.
(3) The Franchisee's billing statement must show a specific due date not earlier than
fifteen (15) ten days after the date the statement is mailed or ten (10) days after the
beginning of the Service period. If the Franchisee charges a late fee or administrative fee,
566020/Ordinances/CableTelevision6-17-02 81 ORDINANCE NO. 2002-035
the bill must show the date after which such fees will be imposed and the amount. Any
balance not received within twenty-five (25) days after the due date may be assessed an
administrative charge as a late fee. Any administrative charge imposed as a "late fee"
must be reasonable and must be limited to a fair approximation of the actual cost of
handling and collecting the customer bill. Franchisees shall use late fees for cost
recovery only and not as a tool of profit for the collection of additional revenues, or as a
penalty or deterrent. Any late fee charged to Subscribers in excess of five dollars ($5)
per billing period is presumed to be unreasonable, and the Franchisee shall bear the
burden of proving that any such late fee is reasonable.
(a) Any administrative charge applied to unpaid bills shall be subject to
regulation by the City consistent with applicable Law.
(b) Subscribers shall not be charged an administrative fee or a late fee, or be
• otherwise penalized for any failure by the Franchisee, its employees, or
contractors, to bill the Subscriber timely and correctly or to properly credit the
Subscriber for a payment timely made.
(c) The calendar day prior to the date a late fee is imposed must be a day on
which the Franchisee's local business office is scheduled to be open and on which
mail will be delivered.
(4) The Franchisee must notify the Subscriber that he or she can remit payment in
person at the Franchisee's office and must inform the Subscriber of the address of that
office.
I. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
566020/Ordinances/CableTelevision6-17-02 82 ORDINANCE NO. 2002-035
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-129. Alteration of Service.
A Franchisee may not substantially alter the Service being provided to a Subscriber
(including by re-tiering, restructuring a tier, or otherwise) without the express permission of such
Subscriber, unless it complies with this subsection.
A. Any time a Franchisee intends to alter the service being provided to a Subscriber
(including by re-tiering, restructuring a tier, or otherwise) in such a way that the Subscriber will
no longer be able to obtain the same package of services in the same manner and at the same
cost, the Franchisee must provide the Subscriber with thirty (30) days written notice of such
alteration. The notice shall explain the substance and the full effect of the alteration and provide
the Subscriber the right, within the 30-day period following notice, to opt to receive any
combination of services offered by the Franchisee. A Subscriber that requests to terminate a
promotional offer or requests to return to the prior level of Service after the promotion ends,
shall be able to do so without paying any additional charges or being required to obtain
additional equipment at the Subscriber's cost.
B. Negative Option Prohibited. Except as provided herein or under applicable Law,
no charge may be made for any Service or product which the Subscriber has not requested
affirmatively by name, in a manner separate and apart from payment of the regular monthly bill,
566020/Ordinances/CableTelevision6-17-02 83 ORDINANCE NO. 2002-035
that the Subscriber wishes to receive. A Subscriber's request may be made orally or in writing,
but it is the Franchisee's burden to show that an affirmative request was made.
C. ' The City may notify a Franchisee of its non-compliance with this Section. The Franchisee
shall have thirty (30) calendar days after receipt of such notification to cure the violation or to
respond with a plan satisfactory to the City to cure the violation. If the Franchisee does not cure
the violation or provide a satisfactory plan to cure the violation within such time-period, the City
may fine a Franchisee for violation of this Section a maximum of$250 for each violation with
each day of a continuing violation constituting a separate violation. The fines shall begin to
accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-130. Duty of Franchisee To Maintain Adequate Staff and Equipment.
A. Adequate Staff. The failure of the Franchisee to hire sufficient staff or to
properly train its staff will not justify a Franchisee's failure to comply with any provision hereof.
B. Adequate Equipment. Franchisee must have sufficient trucks, tools, testing
.equipment, monitoring devices and other equipment and facilities and the trained and skilled
personnel required so that Franchisee complies with each and every requirement of applicable
Law, including applicable customer service requirements, technical standards, maintenance
standards and requirements for responding to System outages. This includes the facilities,
equipment and staff required to: (i) properly test the System and conduct an ongoing and active
program of preventive maintenance and quality control; and (ii) be able to quickly respond to
customer Complaints and resolve system problems.
C. Measurement. The Franchisee must install and maintain equipment necessary to
measure its performance with applicable customer services standards that the City may adopt
from time to time after providing the Franchisee the opportunity to comment; except that
566020/Ordinances/CableTelevision6-17-02 84 ORDINANCE NO.2002-035
Franchisee may obtain relief temporarily from this requirement if it shows that (i) it has a high
• level of Subscriber satisfaction; i1 there are alternative, adequate ways to review its
performance; or (iii) for other good cause shown.
D. Trained Staff. Knowledgeable, qualified representatives shall be available to
respond to customer telephone inquiries, in, at a minimum, English and Spanish languages. Any
automated answering equipment will provide at least English and Spanish-language alternatives.
When a customer speaking Spanish schedules Service calls, Franchisee shall offer to have the
Service call made by a person speaking Spanish.
E. Meeting Standards. The City may notify a Franchisee of its non-compliance with this
Section. The Franchisee shall have thirty (30) calendar days after receipt of such notification to
cure the violation or to respond with a plan satisfactory to the City to cure the violation. If the
Franchisee does not cure the violation or provide a satisfactory plan to cure the violation within
such time-period, the City may fine a Franchisee for violation of this Section a maximum of
$500 for each violation with each day of a continuing violation constituting a separate violation.
The fines shall begin to accrue on the first business day after the thirty (30) day cure period has
terminated.
Section 22-131. Subscriber Privacy.
A. A Franchisee shall at all times protect the privacy of all Subscribers to the full
extent required by §631 of the Cable Act, 47 U.S.C. §551 and applicable Law. The Franchisee
shall comply with all applicable Law regarding collecting, storing and disseminating of
individual Subscriber information, and shall operate the System in a manner that protects against
invasions of any person's privacy and protects the privacy of data services and data signals
distributed over the System.
•
566020/Ordinances/CableTelevision6-17-02 85 ORDINANCE NO. 2002-035
B. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-132. Discrimination Prohibited.
A. A Franchisee shall not deny Service nor discriminate in its rates or charges or in
the availability of the Service or facilities of its System, or in any other respect, or make or grant
undue preferences or advantages to any Subscriber, potential Subscriber, or group of Subscribers
or potential Subscribers, nor subject any such Persons or group of Persons to any undue
prejudice or any disadvantage. A Franchisee shall not deny, delay, or otherwise burden Service
or discriminate against Subscribers or users on the basis of age, race, creed, religion, color, sex,
sexual orientation, handicap, national origin, marital status, or political affiliation, except for
discounts for senior citizens, the economically disadvantaged, or handicapped that are applied in
a uniform and consistent manner. A Franchisee may also offer promotional discounts to
Subscribers and bulk discounts to multiple dwelling buildings and property owners' associations
to the extent such discounts are otherwise permissible by Law.
B. Redlining and Discrimination Prohibited. A Franchisee shall not deny Cable
Service, offer a different number of channels, offer advanced Cable Services for example, but
not limited to, two-way activated digital services, offer different Cable Services, or charge
different rates to any Subscribers or potential Subscribers because of the income of the residents
566020/Ordinances/CableTelevision6-17-02 86 ORDINANCE NO.2002-035
of the local area in which such Subscribers reside, or because of the age, race, creed, religion,
color, sex, sexual orientation, disability, national origin, marital status, or political affiliation of
the Subscribers or potential Subscribers .
C. A Franchisee shall not refuse to employ, nor discharge from employment, nor
discriminate against any Person in compensation or in terms, conditions, or privileges of
employment because of age, race, creed, religion, color, sex, sexual orientation, disability,
national origin, marital status, or political affiliation. The Franchisee shall comply with
applicable Law governing equal employment opportunities, as the same may be from time to
time amended.
D. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Depending on the nature of the violation, such violation may constitute a material breach of a
franchise agreement or a threat to the health, safety and welfare of the City's residents and may
entitle the City to pursue other applicable remedies at law or equity.
566020/Ordinances/CableTelevision6-17-02 87 ORDINANCE NO.2002-035
® Section 22-133. Continuation of Service Mandatory.
A. It is the right of all Subscribers obtaining Cable Service legally to receive all
available Services requested from the Franchisee as long as their financial and other obligations
to the Franchisee are satisfied.
B. In the event of a termination of a Franchise for whatever reason, the Franchisee
shall ensure that all Subscribers receive continuous, uninterrupted Service regardless of the
circumstances. The Franchisee shall cooperate with the City to continue the operation of the
System for a period following termination as necessary to maintain continuity of Service to all
Subscribers. The period shall not exceed six (6) months without the Franchisee's written consent.
During such period, the Cable System shall be operated under such terms and conditions as the
City and the Franchisee may agree, or such other terms and conditions that will continue, to the
extent possible, the same level of Service to Subscribers and that will provide reasonable
compensation to the cable operator.
C. In the event a Franchisee fails to operate the System for seven (7) consecutive
days without prior approval of the City or without just cause, the City may, at its option, operate
the System or designate another Person to operate the System until such time as the Franchisee
restores Service under conditions acceptable to the City or until a permanent new Franchisee is
selected. If the City is required to fulfill this obligation for the Franchisee, the Franchisee shall
reimburse the City for all costs or damages resulting from the Franchisee's failure to perform
that are in excess of the revenues from the System received by the City. Additionally, the
Franchisee will cooperate with the City to allow City employees and/or City agents free access to
the Franchisees' facilities and premises for purposes of continuing System operations as
described herein.
•
566020/Ordinances/CableTelevision6-17-02 88 ORDINANCE NO.2002-035
D. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
,
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-134. Rates.
A. Nothing in this Article shall prohibit the City from regulating rates for Cable
Services to the full extent permitted by applicable Law.
B. Any rate or charge established for Cable Service, equipment, repair, and
installation shall comply with applicable Law. Upon written request from the City or its agent,
the Franchisee shall provide all requested data, records, and documentation to show the
compliance of the rates with applicable Law. Where such information is designated proprietary
and confidential, it shall not be copied or removed or otherwise subject to public inspection, to
the extent the City is permitted to protect such information from public inspection under
applicable Law.
Section 22-135. Exclusive Contracts.
A. A Franchise shall not require a Subscriber, property owner, or property manager
to enter into an exclusive contract as a condition of obtaining or continuing Cable Service.
Notwithstanding this Section, a Franchisee may enter into an exclusive contract with a
Subscriber, property owner, or property manager, provided such contract is mutually desired and
not prohibited under applicable Law.
566020/Ordinances/CableTelevision6-17-02 89 ORDINANCE NO.2002-035
B. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty.(30) day cure period has terminated.
Section 22-136. Customer Service Planning.
A. Affirmative customer service plan required. Each Franchisee shall develop an
affirmative plan for measuring customer satisfaction; identifying best practices in delivery of
customer service; internally assessing the Franchisee's response to customer demands; and
translating those assessments into customer-driven quality improvements. Each Franchisee
holding a Franchise as of the effective date of this Article shall provide the plan to the City
within ninety (90) days of the passage of this Article. A Person who receives a Franchise after
the effective date of this Article shall provide a plan within ninety (90) days of the effective date
of its Franchise.
B. The City may cooperate with Franchisees to assist in the development of the
customer service plan.
C. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$100 for each
566020/Ordinances/CableTelevision6-17-02 90 ORDINANCE NO.2002-035
violation with each day of a continuing violation constituting a separate violation. The fines
shall begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-137. Certification of Compliance.
A. The Franchisee shall certify in writing to the City on February 1 and August 1 of
each year that, based upon internal due diligence by the Franchisee and to the best of the
Franchisee's knowledge, it is in substantial compliance with the consumer protection standards
set forth in this Article. At the request of the City, the Franchisee shall submit such
documentation as may be required to demonstrate the Franchisee's compliance with this Article.
This documentation shall be submitted within forty-five (45) days of the Franchisee's receipt of
the City's request.
B. The City may notify a Franchisee of its non-compliance with this Section. The
Franchisee shall have thirty (30) calendar days after receipt of such notification to cure the
violation or to respond with a plan satisfactory to the City to cure the violation. If the Franchisee
does not cure the violation or provide a satisfactory plan to cure the violation within such time-
period, the City may fine a Franchisee for violation of this Section a maximum of$500 for each
violation with each day of continuing violation constituting a separate violation. The fines shall
begin to accrue on the first business day after the thirty (30) day cure period has terminated.
Section 22-138. Administration of Customer Service Standards.
A. City Manager Authority. The City Manager or his or her designee (when used
herein "City Manager" shall mean the City Manager or his or her designee) shall have the
responsibility for the administration of the consumer protection standards contained in this
Article. Such responsibility shall include the resolution of all Complaints against a Franchisee
regarding the quality of Service, billing matters, equipment malfunctions, and all other customer
566020/Ordinances/CableTelevision6-17-02 91 ORDINANCE NO.2002-035
. matters. The City Manager's authority includes the authority to order refunds or fines. The City
Manager may settle or compromise any controversy arising from operations of the Franchisee,
either on behalf of the City, the Franchisee, or any Subscriber, in accordance with the best
interests of the public.
B. . Notice of Decision. Any decision made by the City Manager shall be provided
to the Franchisee in writing. The Franchisee shall have (10) ten days from receipt of such
written decision to respond in writing to such decision.
C. Authority to Require Service. In cases where requests for Service have been
ignored or where the Service provided is unsatisfactory for any reason, the City Manager shall
have the power to require the Franchisee to provide Service if in the opinion of the City
Manager, such request for Service is reasonable.
D. Appeal of City Manager's Decision. Any Person aggrieved by a decision of the
City Manager, including the Franchisee, may appeal the matter to the City Commission. The
aggrieved Person shall have ten (10) days from receiving the written decision of the City
Manager to file a written appeal to the City Commission. No interest or late charge shall accrue
during the pendency of such appeal. The City Commission may accept, reject, or modify the
decision of the City Manager, based upon a review of the information provided. No adjustment,
settlement, or compromise, whether instituted by the City Manager or by the Commission, shall
be contrary to the provisions of this Article or any Franchise Agreement issued pursuant to this
Article, and neither the City Manager nor the Commission, in the adjustment, settlement, or
compromise of any controversy, shall have the right or authority to add to, modify, or delete any
provision of this Article or of the Franchise Agreement, or to interfere with any rights of
•
566020/Ordinances/CableTelevision6-17-02 92 ORDINANCE NO.2002-035�
Subscribers or any Franchisee under applicable Law or private contract. Any Person aggrieved
• b a decision of the City Commission may appeal the matter to a court of competent jurisdiction.
Y Y Y pp
Section 22-139. Enforcement of Consumer Protection Standards.
Nothing herein shall prevent the City from taking action to protect the health, safety or
welfare of the public or to prevent eminent danger of damage to property. Enforcement of the
consumer protection standards contained herein shall be governed by the following:
A. In addition to the powers delegated in Section 22-138 above, the City Manager
shall have the authority to order refunds from a Franchisee to individual Subscribers who have
submitted a written Complaint to the City and to assess fines against a Franchisee for any
violation of this Article or any Franchise, which fines will be paid to the City.
B. Refunds. In ordering refunds to Subscribers, the City Manager shall be governed
by the schedule set out below in which the refund indicated is expressed as a percentage of the
Subscriber's monthly bill. The refunds listed are to be made on a per violation basis with each
day of a continuing violation constituting a separate violation. The refund ordered by the City
Manager pursuant to this division shall not exceed 100% of a Subscriber's monthly bill, unless a
violation has continued at least thirty (30) days.
SCHEDULE OF REFUNDS TO SUBSCRIBERS
Maximum Refund
Single violation of: (Percent of Subscriber's monthly bill)
Failure to Provide a Local Business Office -- 10%
Section 22-121
Failure to Satisfy Telephone Standards --
Section 22-122 10%
•
566020/Ordinances/CableTelevision6-17-02 93 ORDINANCE NO.2002-035
All Other Consumer Protection Standards,
Including Repair and Installation 50%
C. Fines. In assessing fines against a Franchisee, the City Manager shall be
governed by the amount set forth in each Section of the Consumer Protection Standards. Fines
are to be assessed on a per violation basis with each day of a continuing violation constituting a
separate violation, or each occurrence of a violation constituting a separate violation, whichever
is appropriate given the nature of the violation. The fines shall accrue on the first business day
after the thirty (30) day cure period has terminated. Where a specific consumer protection
provision does not contain a specific amount of a maximum fine, the City Manager may assess a
fine up to $250 per violation.
D. Notice and Opportunity to Cure. Prior to ordering a refund or assessing a fine, the
City Manager shall provide the Franchisee with notice of the City's intention to assess a refund
and/or fine, which notice shall contain a description of the alleged violation. Following receipt of
such notice, the Franchisee shall cure or commence to cure such violation. Final cure of a
violation shall toll the accrual of assessed fines and refunds. Where a specific consumer
protection provision does not contain a specific amount of time for a Franchisee to cure a
violation or provide a satisfactory plan to cure the violation, the Franchisee shall have thirty (30)
calendar days from the date of receipt of the written notice to file a written response with the
City Manager. The City and the Franchisee shall make good faith reasonable efforts to resolve
the dispute in question. A management level employee of the Franchisee shall sign the
•
566020/Ordinances/CableTelevision6-17-02 94 ORDINANCE NO.2002-035
• Franchisee's written response and all statements contained therein will be regarded as material
representations to the City.
E. Prior to ordering a refund and/or assessing a fine, the City Manager shall consider
any justification or mitigating factor advanced in the Franchisee's written response, including but
not limited to rebates or credits to the Subscriber or the Franchisee's good faith efforts to cure
the violation. The City Manager may, after consideration of the response of the Franchisee,
waive or reduce any proposed refund or fine. In the case of a violation of this Article or any
Franchise, the City Manager may not assess any fine if the Franchisee has reasonably resolved
the Complaint, cured the violation or provided a satisfactory plan to cure the violation within a
reasonable time frame not to exceed ten (10) days. Such time period may be extended for good
cause shown. However, an affected Subscriber may be entitled to a credit or refund as provided
herein. It is the intent of the City to determine refunds and/or fines as a reasonable estimate of
• the damages suffered by the City and/or the Subscribers.
F. Subsequent to the notice of proposed refund and/or fine to Franchisee and
consideration of the Franchisee's response, if any, the City Manager may issue an assessment of
refund or fine. The refund and/or fine shall be paid within thirty (30) days of written notice to the
Franchisee. The City may enforce payment of the refund or fine in any court having jurisdiction
or by drawing down any security fund submitted by the Franchisee.
Section 22-140. Reserved.
566020/Ordinances/CableTelevision6-17-02 95 ORDINANCE NO.2002-035
DIVISION IV -- SPECIAL. RULES REGARDING OPEN VIDEO SYSTEMS
Section 22-141. Written Applications.
A written Application shall be filed with the City for grant of an Initial OVS Franchise;
Renewal of an OVS Franchise; or for a Transfer.
A. Applying for an Initial Open Video System Franchise.
(1) Any Person may file an Application for an Open Video System Franchise on its
own initiative, or in response to a request for proposals.
(2) To be accepted for filing, an original and seven (7) copies of a complete
Application must be submitted to the City. All Applications shall be available for public
inspection.
(3) Every Application shall be accompanied by a nonrefundable fee in amounts
established from time to time by the City Commission by resolution.
4 An Applicant that is awarded a Franchise shall pay to the City a sum of money
sufficient to reimburse it for all expenses incurred by it in connection with the granting of
a Franchise pursuant to the provisions of this Article. Such payment shall be made within
thirty (30) calendar days after the City furnishes the Franchisee with a written statement
of such expenses.
B. Contents of Application for An Initial or Renewal Franchise. An Application for
an Initial or Renewal Open Video System Franchise must contain the following information, and
such information as the City may from time to time require.
(1) Identity of the Applicant; the Persons who exercise working control over the
Applicant and the Persons who control those Persons, to the ultimate parent;
566020/Ordinances/CableTelevision6-17-02 96 ORDINANCE NO.2002-035
(2) A proposal for construction of the Open Video System that sets forth at least the.
following:
g
a. A description of the Services that are to be provided over the OVS.
b. The location of proposed facility and facility design, including a
description of the miles of plant to be installed, where it is to be located, and the size of
facilities and equipment that will be located in the Public Rights-of-way.
C. Identification of the area of the City to be served by the proposed System,
including a description of the proposed Franchise Area's boundaries.
(3) A description of the manner in which the System will be installed, and the time
required to construct the System, and the expected effect on usage of the Public Rights-
of-way, including information on the ability of the Public Rights-of-way to accommodate
the proposed System, including, as appropriate given the System proposed, an estimate of
the availability of space in conduits and an estimate of the cost of any necessary
rearrangement of existing facilities.
(4) A description, where appropriate, of how Services will be converted from existing
facilities to new facilities, and what will be done with existing facilities.
(5) Proof in the form of financial statements, attested to by a certified public
accountant, that the Applicant has the financial resources to complete the proposed
project, and to construct, operate and repair the proposed facility over the term of the
Franchise. It is not the intent of the City to require an Applicant to prove that the Services
it proposed to offer will succeed in the marketplace.
(6) Proof that Applicant is technically qualified to construct, operate and maintain the
proposed System. At a minimum, the Applicant must show that it has experience or
566020/Ordinances/CableTelevision6-17-02 97 ORDINANCE NO.2002-035
resources to ensure that work is to be performed adequately, and can respond to
emergencies during and after construction is complete.
(7) Proof that the Applicant is legally qualified, which proof shall include that the
Applicant:
a. Has received, or is in a position to receive, necessary authorizations from
r
state and federal authorities;
b. Has not engaged in conduct (fraud, racketeering, violation of antitrust,
consumer protection or similar laws) that allows the City to conclude the Applicant
cannot be relied upon to comply with requirements of a Franchise, or provisions of this
Article;
C. Is not a convicted vendor thirty-six (36) months or fewer prior to the date
of the Application pursuant to Chapter 287, Florida Statutes, or was removed from the
• convicted vendor list pursuant to Section 287.133, Florida Statutes;
d. Is willing to enter into a Franchise, to pay required compensation and to
abide by the provisions of applicable Law, including those relating to the construction,
operation or maintenance of its facilities and has not entered into any agreement that
would prevent it from doing so;
e. Does not hold a Cable Franchise and does not have a pending Application
for an Initial or Renewal Cable Franchise;
f. Did not have a request for .an initial or renewal OVS Franchise denied
within 36 months of the Application (or, where Applicant challenged the denial,
Applicant must show more than 36 months has passed since the final adjudication of that
challenge); and
566020/Ordinances/CableTelevision6-17-02 98 ORDINANCE NO.2002-035
• g. Did not have a request for an initial or renewal Cable System Franchise
denied based upon past performance, or because Applicant failed to propose a Franchise
that reasonably met the cable-related needs and interests of the community, in light of the
costs thereof within 36 months of the Application (or, where Applicant challenged the
denial, Applicant must show more than 36 months has passed since the final adjudication
of that challenge).
(8) Additional Information Regarding Affiliates. To the extent that the Applicant is
in any respect relying on the financial or technical resources of another Person, including
an Affiliate, the proofs required by this Section should be provided for that Person.
C. Applications for Transfer. An Application for a Transfer of a Franchise must
contain the same information required by Section 22-141 hereof as to the transferee, except that,
if the transferor submitted a Franchise Application pursuant to this Article, to the extent
information provided by the transferor remains accurate, the transferee may simply
cross-reference the earlier Application.
D. City review of Applications. The City may request such additional information
as it finds necessary, and require such modifications to the Application as may be necessary in
the exercise of the City's authority over Open Video Systems. Once the information required by
the City has been provided, the City shall promptly review the Application and the City
Commission shall grant the Application if it finds the following:
(1) The Applicant has the qualifications to construct, operate and maintain the System
proposed in conformity with applicable Law. The City shall provide a reasonable
opportunity to an Applicant to show that it would be inappropriate to deny it a Franchise
on the grounds that it is not legally qualified, by virtue of the particular circumstances
566020/Ordinances/CableTelevision6-17-02 99 ORDINANCE NO.2002-035
surrounding the matter and the steps taken by the applicant to cure all harms flowing
there from and prevent their recurrence, the lack of involvement of the Applicant's
principals, or the remoteness of the matter from the operation of an Open Video System.
An Application for a Franchise Area shall not be granted if the Applicant has no plans to
construct a System within the entire area for which the Franchise is sought.
(2) The Applicant accepts the modifications required by the City to its proposed
System,to the extent applicable Law does not prohibit such modifications.
(3) The Applicant is willing to enter into a Franchise Agreement that the City
determines complies with the requirements of this Article and applicable Law.
(4) Whether issuance of a Franchise is in the public interest considering the
immediate and future effect on the Public Rights-of-way and private property that would
be used by the Open Video System, including the extent to which installation or
maintenance as planned would require replacement of property or involve disruption of
property, public services, or use of the Public Rights-of-way; and the comparative
superiority or inferiority of competing applications.
E. In the case of a Transfer,the City must also determine that:
(1) There will be no adverse effect on the public interest or the City's interest in the
Franchise;
(2) Transferee agrees to be bound by all the conditions of the Franchise and to
assume all the obligations of its predecessor; and
(3) Any outstanding compliance and compensation issues are resolved or preserved to
the satisfaction of the City.
566020/Ordinances/CableTelevision6-17-02 100 ORDINANCE NO.2002-035
F. The City shall not award an Applicant a Franchise if the Applicant files, or in the
previous three (3) years, filed materially misleading information in a Franchise Application; or
intentionally withheld information that the Applicant lawfully is required to provide.
Section 22-142. Minimum OVS Requirements for Public, Educational and
Government Use of System.
A. A Franchise Agreement for an Open Video System Franchisee may provide that
the OVS Franchisee shall pay to the City, at a time directed by the City, an amount equal to the
highest amount contributed by a Cable Franchisee under its Franchise for and in support of
public, educational and government use (including use of the System for an Institutional
Network) of its Cable System.
B. To the extent that a Cable Franchisee is providing other in-kind support, whether
in the form of facilities, equipment, or services, a Franchise Agreement for an OVS may contain
the equivalent support within a time and in a manner directed by the City, or provide a cash
equivalent acceptable to the City.
C. In applying this Section, the City shall ensure that the obligations borne by the
Open Video System operator in a Franchise Agreement are no greater or lesser than the
obligation imposed upon the Cable Franchisee, taken as a whole, as the City determines will
provide the greatest benefits to the community.
D. The City may increase the support required under this Section or specified in a
Franchise Agreement with an Open Video System operator as the support that a Cable
Franchisee is required to provide increases.
Sections 22-143-150. Reserved.
566020/Ordinances/CableTelevision6-17-02 101 ORDINANCE NO.2002-035
DIVISION V--ADMINISTRATION AND ENFORCEMENT
Section 22-1 S 1. Administration and Appeals.
A. The City Manager, either directly or through his or her designee, shall have the
responsibility for overseeing the day-to-day administration of this Article and Franchise
Agreements. The City Manager shall be empowered to take all administrative actions on behalf
of the City, except for those actions specified in this Article that are reserved to the City
Commission. The City Manager may recommend that the City Commission take certain actions
with respect to a Franchisee. The City Manager shall keep the City Commission apprised of
developments in Cable Systems and provide the City Commission with assistance, advice, and
recommendations as appropriate.
B. Final decisions of the City Manager or designee pursuant to this Article are
subject to appeal to the City Commission. A Person, including a Franchisee, desiring to appeal
any such decision must file a written appeal with the City within ten (10) days of the date of the
final decision to be appealed. Any appeal not timely filed, as set forth herein shall be waived.
The City Commission shall hear or appoint a hearing officer to consider the appeal. The hearing
shall occur within sixty (60) days of the receipt of the appeal, unless waived by the Franchisee,
and a written decision shall be rendered within thirty (30) days of the hearing. Costs of the
appeal shall be paid by the Franchisee.
C. Subject to applicable Law, the City Commission shall have the sole authority to
grant a Franchise, authorize the entering into of a Franchise Agreement, modify a Franchise
Agreement, renew or deny renewal of a Franchise, revoke a Franchise, and authorize the
Transfer of a Franchise.
•
566020/Ordinances/CableTelevision6-17-02 102 ORDINANCE NO.2002-035
Section 22-152. Performance Evaluations.
The City may conduct periodic performance evaluations of a Franchisee as the City
determines to be necessary. A Franchisee shall cooperate with these evaluations reasonably and
in good faith. If the City implements a survey of Cable Subscribers in connection with a
performance evaluation, the City may require a Franchisee to distribute the City's questionnaire
to its Subscribers. Upon reimbursement of the City's copying costs, the Franchisee may receive
copies of all responses.
Section 22-153. Notices.
All written correspondence required by this Article between the City and a Franchisee
shall be delivered via hand delivery via overnight courier, or certified mail. Notice to the
Franchisee shall be deemed effective upon receipt. Notice to the City shall be effective upon
receipt by the City Manager and the Mayor.
Section 22.154. Force Ma'eure.
In the event a Franchisee's performance of or compliance with any of the provisions of
this Article or a Franchise Agreement is prevented by a cause or event not within the
Franchisee's control, such inability to perform or comply shall be deemed excused and no
penalties or sanctions shall be imposed as a result thereof, provided, however, that the Franchisee
uses all practicable means to expeditiously cure or correct any such inability to perform or
comply. For purposes of this Article and any Franchise Agreement, causes or events not within a
Franchisee's control shall include, without limitation, acts of God, floods, earthquakes,
landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil
disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or
court. Causes or events within the Franchisee's control, and thus not falling within this Section,
566020/Ordinances/CableTelevision6-17-02 103 ORDINANCE NO.2002-035
shall include, without limitation, the Franchisee's financial inability to perform or comply,
economic hardship, and misfeasance, malfeasance, or nonfeasance by any of the Franchisee's
directors, officers, employees, contractors, or agents.
Section 22-155. Enforcement and Penalties.
A. False Complaints against Franchisees. The City may fine any Person who files
intentionally a false Complaint against a Franchisee in the amount of Fifty Dollars ($50) for the
first violation and One-Hundred Dollars ($100) for each subsequent violation.
B. Intentional misrepresentation by a Franchisee in any response to a notice of
proposed refund or fine, or to the City's request for other information shall be grounds for
Franchise revocation or other action by the City.
C. Effect of Violations on Franchise Agreement. The City expressly reserves the
right to consider violations of consumer protection standards or submitting any false information
• in evaluating any Application for renewal, modification, or Transfer of any Franchise
Agreement.
D. Enforcement against Franchisees.
(1) In addition to any other remedies available at Law or equity or provided in this
Article, or in any Franchise Agreement, the City may impose a fine in the amount of
$250 for each violation with each day of a continuing violation constituting a separate
violation for any violation of this Article.
(2) Before imposing a fine pursuant to this Section, the City shall give the Franchisee
written notice of the violation and its intention to assess such fine, which notice shall
contain a description of the alleged violation. Whenever practicable, the Franchisee shall
have thirty (30) calendar days after notice to cure the violation or provide a satisfactory
566020/Ordinances/CableTelevision6-17-02 104 ORDINANCE NO. 2002-035
plan to cure the violation and the City shall make good faith reasonable efforts to assist
the Franchisee in resolving the violation. If the violation is not cured or a satisfactory
plan has not-been provided within that thirty (30) day period, the City may collect all
fines owed, beginning on the first business day after the cure period as determined by the
City has terminated, either by removing such amount from the security fund or through
any other means allowed by Law.
(3) In addition to any other remedies available at Law or equity.or provided in this
Article or in any Franchise Agreement, the City may apply any one or combination of the
following remedies in the event a Franchisee violates this Article, its Franchise
Agreement, or applicable Law:
(a) The Franchisee's failure to comply with Section 22-113, regarding
Minimum Facilities, may result in imposition of fines to be paid by the Franchisee
to the City in an amount of not less than $2,000 for each day or part thereof that
the violation continues.
(b) The City may revoke a Franchise pursuant to the procedures specified in
this Article.
(c) In addition to or in lieu of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
(4) In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the Persons bearing the impact of the violation
and the effect of such violation, the nature of the remedy required to prevent further
violations, and such other matters as the City determines are appropriate to the public
interest.
566020/Ordinances/CableTelevision6-17-02 105 ORDINANCE NO.2002-035
(5) Failure of the City to enforce any requirements of a Franchise Agreement or this
Article shall not constitute a waiver of the City's rights under a Franchise Agreement or
this Article, and shall not constitute a waiver of the City's right under a Franchise
Agreement or this Article to pursue remedies with respect to a violation or subsequent
violations of the same type or to seek appropriate enforcement remedies.
(6) In any proceeding wherein there exists an issue with respect to a Franchisee's
performance of its obligations pursuant to this Article or a Franchise Agreement, the
Franchisee has, throughout any such proceedings and appeals thereof, the burden of
proving that said Franchisee is in compliance with the terms of this Article or a Franchise
Agreement. The City Commission may find a Franchisee that does not demonstrate
compliance with the terms and conditions of this Article in default and apply any one or
combination of the remedies otherwise authorized by this Article.
(7) Nothing in this Article shall affect or limit the remedies the City has available
under applicable Law.
Section 22-156. Removal of Facilities.
A. In the event the use of any part of a Cable System is discontinued for any reason
for a continuous period of 12 months, or in the event such System or facilities have been
installed in any Public Rights-of-way without complying with the requirements of this Article or
a Franchise Agreement, or the Franchise has been terminated, canceled, or expired, the
Franchisee, within thirty (30) days after written notice by the City, shall commence removal
from the Public Rights-of-way of all such facilities as the City may require.
•
566020/Ordinances/CableTelevision6-17-02 106 ORDINANCE NO.2002-035
B. The City may extend the time for the removal of Franchisee's equipment and
facilities for a period not to exceed 180 days, and thereafter such equipment and facilities may be
deemed abandoned.
C. In the event of such removal or abandonment, the Franchisee shall restore the area
to at least as good a condition as prior to such removal or abandonment.
Section 22-157. Municipal Cable System Ownership and Acquisition.
A. If a renewal of a Franchise is denied and the City acquires ownership of a Cable
System or requires a Transfer of ownership of the Cable System or OVS to another Person, any
such acquisition or Transfer shall be:
(1) At Fair Market Value, determined on the basis of the Cable System valued as a
going concern but with no value allocated to the Franchise. Factors to be considered in
determining the Fair Market Value include, but are not limited to, System cash flow,
• existing and potential good will, and existing arrangements with programmers and
Subscribers; or
(2) At a price determined in accordance with the Franchise Agreement if such
Franchise Agreement contains provisions applicable to such an acquisition or Transfer.
B. If a Franchise is revoked for cause and the City acquires ownership of the Cable
System or OVS or requires a Transfer of ownership to another Person, any such acquisition or
Transfer shall be:
(1) At an Equitable Price. Factors to be considered in determining equitable price
include, but are not limited to, harm to the community resulting from the Franchisee's
breach of the Franchise; or
566020/Ordinances/CableTelevision6-17-02 107 ORDINANCE NO.2002-035
(2) In the case of any Franchise existing on the effective date of this Article, at a price
determined in accordance with the Franchise Agreement if such Franchise Agreement
contains provisions applicable to such an acquisition or Transfer.
C. Nothing in this Section shall prevent the price of the Cable System (whether Fair
Market Value or Equitable Price) from being affected by related matters subject to local control.
Section 2. Conflicts. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 3. Severability. The provisions of this Ordinance are declared to be severable. If
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the code of the
City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered
to accomplish to accomplish such intentions, and that the word "Ordinance".shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective upon adoption on the second
reading.
The foregoing Ordinance as offered by Commissioner Bertino, who moved for its
adoption. This motion was seconded by Vice Mayor Flury, and upon being put to a vote, the
vote was as follows:
1
566020/Ordinances/CableTelevision6-17-02 108 ORDINANCE NO.2002-035
Mayor Chunn YES
Vice Mayor Flury YES
Commissioner Bertino YES
Commissioner McElyea YES
Commissioner Mikes YES
PASSED on first reading this 25th day of June, 2002.
The foregoing Ordinance as offered by Vice Mayor Flury, who moved for its adoption.
This motion was seconded by Commissioner Bertino, and upon being put to a vote, the vote was
as follows:
i
Mayor Chunn YES
Vice Mayor Flury YES
Commissioner Bertino YES
Commissioner McElyea YES
Commissioner Mikes YES
PASSED AND ADOPTED on second reading this 13th day of August, 2002.
•
566020/Ordinances/CableTelevision6-17-02 109 ORDINANCE NO.2002-035
ROBERT H. CHUNN, JR., MAYOR
ATTEST:
i
CHARLENE JOHN N, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
THOMAS J. ANSBRO, CITY ATTORNEY
566020/Ordinances/DaniaDraftCableOrdinance(Clean)6-17-02
566020/Ordinances/CableTelevision6-17-02 110 ORDINANCE NO.2002-035
II
I'
pp�
I
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
mc;
f-%MO
TO: Mayor & City Commissioners, City of Dania Beach
FROM: Gary Resnick, Office of the City Attorney
Scott Robin, Office of the City Attorney
cc: Ivan Pato, City Manager
Tom Ansbro, City Attorney
DATE: June 17, 2002
RE: Proposed Cable Television Ordinance
Attached please find a proposed Cable Television Ordinance ("Ordinance"). This Ordinance
sets the framework for future cable franchise agreements with cable providers and for the
provision of cable services throughout the City. In addition, the proposed Ordinance will
provide the City with very detailed, specific customer service requirements and enforcement
mechanisms.
AT&T Broadband provides cable service to the City's residents under two different cable
franchise agreements. One franchise serving approximately 5,000 homes expires in 2008.
The other franchise, serving approximately 1,200 homes in the area annexed into the City,
expires in September 30, 2002, and thus, is in renewal negotiations. The proposed Ordinance
would apply to the existing cable provider, AT&T Broadband, and would also establish the
procedures in the event another company was interested in providing cable services in the City.
The Ordinance is divided into five separate Divisions. Each Division is summarized below
DIVISION I -- GENERAL PROVISIONS.
• Definitions The Ordinance contains definitions that are consistent with current law
and technology (§22-92)`.
• Applicability - While the Ordinance will apply to all future cable franchises, it allows
the current franchisees to notify the. City of provisions that should not apply because
The section numbers refer to the actual sections of the ordinance.
such provisions conflict with its existing franchises (§22-93). The customer service
provisions will apply to the current franchisees.
• Requirement of a Franchise -- The Ordinance requires that any person who operates a
cable system or provides cable service in the City must enter into a Franchise Agreement
with the City or be subject to a fine (§22-95).
• Application Procedures -- The Ordinance sets forth an application process for the
granting, modification, renewal and transfer of a franchise (§22-98). The Ordinance also
specifies the criteria for the City to review such applications.
• Compensation - The Ordinance requires the..maximum compensation from providers of
cable service allowed under law (§22-100).
DIVISION II - INSTALLATION AND OPERATIONS.
• Use of Rights-of-Way -- The Ordinance provides specific requirements pertaining to the use
of Public Rights-of-Way. Cable franchisees must ,obtain permits and comply with all
building codes. A franchisee must also restore any property it damages. The City may
suspend permits or deny.a subsequent permit if a franchisee:fails to satisfy permit conditions
or does not comply with the Ordinance. The City may also require a franchisee to post a
construction bond (§22-110-112).
• Minimum Services -- The Ordinance provides f6r minimum services to be established in.
franchise agreements. Cable providers must offer certain services for free to schools and
government buildings within the City. The cable system must allow the City to interrupt
programming in the event of an emergency. Further, the Ordinance provides that the City
may negotiate in a franchise agreement for an Institutional Network, which would allow the
connection of government buildings (§22-113).
• Access Channels - The Ordinance provides that as part of a franchise, franchisees must
provide at least one access channel for the City's sole use, capable of showing City
Commission meetings. The City may require further access channels for government and
educational programming in a franchise agreement, which may also provide for other support
for access programming (§21-115).
• Insurance and Indemnification - A franchisee must maintain sufficient levels of insurance
and also agree to indemnify the City (§22-116).
• Security Fund -- The ordinance provides that the City may require that a franchisee post a
security fund in the form of a cash deposit, letter of credit, or bond (§22-117).
DIVISION III -- CONSUMER PROTECTION STANDARDS
566020/Memos/Cable Ordinance 2
By far, the consumer protection standards in the proposed Ordinance will have the greatest
immediate effect on cable services within the City. The standards give the City the ability to
require a certain level of customer service and contain enforcement mechanisms.
• Applicability -- The customer service standards will apply to all cable providers,
including AT&T Broadband under its existing franchises. Accordingly, the Ordinance
contains a transition period that provides that the customer service provisions will not
apply until ninety (90) days after adoption consistent with the Federal Communications
Commission requirements (§22-120).
• Complaints to the City — The Ordinance provides a mechanism for the City to refer
complaints it receives to a franchisee, and requires the franchisee to respond within 24-
hours, and notify the City of the resolution (§22-120).
• Business Office -- A franchisee must maintain a business office and service center within
City limits or within ten miles of the City if the franchisee provides other convenient
means for customers to pay bills and receive equipment (§22-121).
• Telephone Standards — A franchisee must maintain a toll free number available 24-hours
per day. A franchisee must answer all service and repair telephone calls made under
normal operating conditions within 30 seconds. with another 30 seconds allowed for
transfer of calls. This standard must be met 90% of the time measured on a quarterly
basis (§22-1212).
• Installation and Service Standards -- No less than 95% of the time, a franchisee must
perform certain enumerated standards. such as performing installation and responding to
requests for service within specific time frames. If a franchisee misses a scheduled
appointment. the customer is entitled to a credit or free installation (§22-123).
• Disconnection -- The Ordinance contains procedures for customers who want to
terminate or downgrade service. for refunding any deposits. and for disconnecting a
subscriber's service for non-payment (§22-124).
• Interruption of Service — The Ordinance contains detailed procedures for a cable
providers interruption of service. (§22-125).
• Identification — A franchisee must satisfy requirements for identifying its employees and
vehicles (§22-126).
• Complaints. Communications and Credits — The Ordinance contains specific
requirements for franchisees to address customer complaints. to provide information to
subscribers. and to provide credits for outages (§22-127-128).
5660-0iillemos/Cable Ordinance ,
• Exclusive Contracts - The Ordinance provides that a franchise may not require a
subscriber, property owner, or property manager to enter into an exclusive contract as a
condition of obtaining or continuing Cable Service (§22-135).
• Compliance and Administration - A franchisee must develop an affirmative customer
service plan and certify in writing to the City it is in compliance with the consumer
protection standards (§22-136-137). The Ordinance provides the City Manager (or his
or her designee) with the responsibility for the administration of the consumer
standards, including the authority to order refunds or fines, require service, and settle
any controversy. Any person aggrieved by a decision of the City Manager, including a
franchisee, may appeal the matter to the City Commission (§22-138).
• Fines and Refunds -- The City Manager may enforce the standards by assessing fines up
to $500 a day against a franchisee, as well,as ordering refunds to Subscribers. Prior to
ordering a refund or assessing a fine, the City Manager shall provide the franchisee with
notice and an opportunity to cure or commence to cure the violation(§22-139).
DIVISION IV -- SPECIAL RULES REGARDING OPEN VIDEO SYSTEMS
Federal law allows providers of video programming to obtain a certificate from the
FCC to offer cable services via an Open Video System ("OVS"). Some competitors of
traditional cable television providers have used this method to provide services. Federal law
allows local governments to require that OVS operators obtain a franchise. Accordingly, the
Ordinance contains special requirements for an OVS operator to obtain a franchise that are
consistent with federal law (§22-141-142).
DIVISION V - ADMINISTRATION AND ENFORCEMENT
The Ordinance provides the City Manager with the responsibility for the administration
of the Ordinance, and authority to take all administrative actions on behalf of the City and to
recommend that the City Commission take certain actions with respect to a franchisee. The
City Manager may issue fines and take other action for violation of the Ordinance. Final
decisions of the City Manager or designee are subject to appeal to the City Commission. The
City Commission has the sole authority to grant a franchise, to modify a Franchise Agreement,
Ito renew or deny renewal of a franchise, to revoke a franchise, and to authorize the transfer of a
franchise (§22-151).
566020/MemoReCableOrd 6-14-02
566020/Memos/Cable Ordinance 4
SUN-SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
® MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE
/ATTACHED
E U E NED AUTHORITY, PERSONALLY APPEARED
WHO, ON OATH, SAYS THAT
UL AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED
TICE OF HEARING
T OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED BEFORE CITY COMM SSION CITY OF DANIA BEACH
/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE PROPOSFLORIDAED ORDINANCES
REGARDING OPTION OF THE FOLLOWING.
OPY OF ADVERTISEMENT, BEING A: NOTICE IS HEREBY GIVEN that the City Commission ofl the City of Dania Beach,Florida,on July 9,2002,at
7:00 P.M.or as soon thereafter as the mailer may be
CHAPTER 2 heard,-will conduct a public hearing in the City Com-
mission Chambers of the Dania Beach City Hall, too
DaniaWest dtef nonsi thep Proposed adoption of the Ordi--
IN THE MATTER OF: nances entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA;.REPEALING•THE PROVISIONS OF ARTICLE III OF
Chapter 2 CHAPTER 2 OF THE CITY CODE OF ORDINANCES ENTI-
TLED'CITATIONS FOR ORDINANCE VIOLATIONS-IN ITS
I OF C AP-
TER ENTIRETY ENTITLED AND �SUPPLEMENTAL CODE TING ANEW ARTICLE I ENFORCE-
IN THE CIRCUIT.COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE MENT PROCEDURES,CITATIONS FOR COUNTY COyJtT
ISSUES OF: APPEARANCES",IN ORDER TO EFFECT ACOMPREH2�
OR
SIVE REVISION OF THE PROVISIONS SET FORTH-IN SUCH ARTICLE AND CHAPTER OF THE CODE OF ORDI-
6/28,1 D VIDING FOR CONFLICTS;PROVIDING FOR
10963908 SEVERANCE FURTHER,PROVIDING OR AN EFFECTIVE
DATE.
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA PERTAINING TO CAGE TELEVISION; AMENDING
G ARTICLE V ENTITLED CABLE
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,TELEVISION AND OPEN CHAPTER 22 BY TNVIDEO SYSTEMS PROVIDING
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY cCAeiE TELEAVISION ANIi oPEN v,o HpEOPERASYSTEnn IOr THAT
. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,USE THE CITY'S RIGHTS-OF-WAY;Pf�OVIDING DEFINI-
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE T1ONS; PROVIDING FOR REQUIREMENTS FOR THEI
GRANT OF FRANCHISES: PROVIDING FOR MINIMUM POST OFFICE IN FORT,LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, PROVIDING FOR VICUSTOMER DING I SERVICE STANDARDS:
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF PROVIDING FOR ENFORCEMENT AND ADMINISTRA-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT SEVERABLITYfN ROVIDINGG FOR NFOR INCLUSION IN FLICTS; PROVIDING FT►HE.
CITY CODE;AND AN EFFECE DATE.
HE/SHE HAS NEITHER,PAID, NOR PROMISED,ANY PERSON, FIRM, OR AN ORDINANCE OFPROVIDING
CITY COMMISS ON OF THE
CORPORATION,ANY DISCOUNT,.REBATE, COMMISSION, OR REFUND, FOR T CITY OF DANIA BEACH FLORIDA APPROVING A PCS
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID SITE AGREEMENT BETWEEN THE DANIA
BEACH AND SPRINT SPECTRUM,L.P.PE PERTAIAI DANIA
TO
NEWSPAP THE PLACEMENT OF A PERSONAL COMMUNICATIONS
SERVICE SYSTEM FACILITY ON A PARCEL OF LAND LO-
CATED AND OWNED',BY THE CITY OF DANIA BEACH
AND;MORE'PARTICULARLY DESCRIBED IN THE AT-
TACHED EXHIBITS TO THE AND DIRECTING THE EXECUTION OF THEPCS AUTHORIZING TE
(SI ATURE OF AFF ANT) AGREEMENT;PROVIDING FOR REVISIONS;PROVIDING
FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE;
SWORN TO AND SUBSCRIBED BEFORE ME Acopyoff'the ep opose,PROVIDING OdOrdl ancesareoR AN EFFECTIVE nfileInthe.
ON: 28-June-2002 , A.D. Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard,Dania Beach,Florida,and may be
�� Inspected by the public during normal working
hours.
el/�l Interested parties may appear at the aforesaid meet-
l ing and be heard with respect to the proposed.Any
(SIGNATURE OF NOTARY P BLIC) person who decides to appeal any decision made by:
the City Commission with respect to any matter con-
sidered at this hearing will need a record of the pro-
Tara L.Beza readings and for such purpose may need to ensure
that a verbatim record of the proceedings is made;
`.•'- 'IY'�ONVAISSION# DD024939 EXPIRES which record Includes the testimony and evidence
July 20, 2005 upon which the appear is to be based.
I4RU TROY FAIN INSURANCE INC In accordance with the American with Disabilities
Act,persons needing assistance to participate in any
of the City Clerk, 100nWest Dania Beach ould contact CBoulevard,harlene hDan a
(NAME OF NOTARY,TYPED, PRINTED, OR MPED) sears, Florida 33D04, (954) 924-3622 at least 48
hours prior to the meeting.
PERSONALLY KNOWN /s/charlene Johnson,cMC
OR City clerk
June 21,2002
PRODUCED IDENTIFICATION