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THE BEGINNING OF
JANUARY 21 , 1997
WORKSHOP MEETING
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MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
JANUARY 21, 1997
ROLL CALL:
Present:
Mayor: John Bertino
Vice Mayor: Bobbie Grace (arrived at 8:15)
Commissioners: Albert Jones
Bob Mikes
City Manager: Michael Smith
City Clerk: Marie Jabalee
City Attorney: Frank Adler
Absent:
Commissioner: Bill Hyde
ITEM 3 WAS HEARD AT THE BEGINNING OF THE MEETING
1. Discussion of bulk rate and garbage/trash pickup.
City Manager Smith reported that he and Bud Palm, Utilities Director, had met with
Southern Sanitation regarding a better system for getting the trash off the streets
more quickly. He stated that Southern Sanitation had provided several options to
accomplish this task.
Bud Palm, Utilities Director, explained that Option I is basically what Southern is
providing now. He suggested that the citizens be asked not to put their trash out
any more than 48 hours prior to their area being picked up although they are
allowed to put it out the Friday before the scheduled weekly pickup begins on
Monday.
Mr. Smith explained that Option II was to pickup a different section of the City on
every Monday, and would require the addition of four trucks, four drivers and four
laborers.
Commissioner Jones stated that because the trash sits out so long, it encourages
outsiders to add to the pile.
WORKSHOP MEETING 1 JANUARY 21, 1997
Commissioner Mikes suggested that limits be set on the amount of trash that one
resident can discard. He also requested tonnage figures for each section of the
City.
Bud Palm expressed his opinion that outsiders are dumping dump trucks full of
trash within our City because they know there are no limits set in Dania.
City Manager Smith explained that Option III would allow boxes to be placed in
designated areas in the City where residents could bring their trash and debris.
He also suggested that a couple of them be put inside the public works compound
where they would be supervised by City staff.
Commissioner Mikes suggested that standards similar to surrounding areas be
adopted and requested staff to obtain those standards.
The consensus of the Commission was to stay with Option I and add Option III by
placing two 30 yard dumpsters, at a cost of$300 each, inside the public works
compound for residents to use.
2. Discussion of alternatives for replacing water lines in the City.
Don Windham from Berry & Calvin, City Engineers, presented a master layout of
water lines to be replaced within the City. He stated that the water lines could be
placed in existing alleys but at a higher cost because of additional footage. He
also stated that the lines would have to be placed in streets where there are no
easements available.
Commissioner Mikes expressed concerns from property owners and suggested
that service alleys be used where available and that streets only be used where
necessary.
City Manager Smith recommended that the lines be put in the alleys where they
are adequate and otherwise put in the street, which would improve water pressure
and water quality to the resident, improve fire protection due to the addition of fire
hydrants, and their street would be repaved when installation was complete. He
suggested that the property owner who has a financial hardship be given an
extended period of time in which to hook up. The Commission agreed with this
concept.
Don Windham stated that he would provide each Commissioner with the layout of
the water lines within the affected area.
ITEM 3 WAS HEARD AT THE BEGINNING OF THE MEETING
WORKSHOP MEETING 2 JANUARY 21, 1997
3. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REGARDING THE
FRANCHISING AND LICENSING OF TELECOMMUNICATIONS SERVICE
PROVIDERS USING PUBLIC RIGHTS OF WAY, OPEN VIDEO SYSTEMS AND
CABLE SYSTEMS AND PRIVATE COMMUNICATIONS SYSTEMS;
ESTABLISHING REQUIREMENTS AND CONDITIONS UPON THE USE OF
PUBLIC RIGHTS OF WAY BY SUCH ENTITIES; AND ESTABLISHING
PROCEDURES FOR PROTECTING THE PUBLIC INTEREST IN SUCH
FRANCHISES AND LICENSEES."
City Attorney Adler read the title of the ordinance.
Ron Mastriana, Mastriana & Christiansen, P.A., was present to represent Sprint.
He stated that he would provide a 58 page document of detailed comments
regarding the proposed ordinance and also a video regarding the
telecommunications act. He stated that Sprint has entered into agreements with
about half of the cities in Broward County.
City Manager Smith explained that the ordinance was developed in cooperation
with other municipalities, providing for the protection of right-of-ways, bonding
requirements, construction requirements and insurance requirements. He stated
that it contains customer service standards, franchise standards, an income
provision which would be 10% of gross revenue. He mentioned that it would be
valuable to get the industries comments on the ordinance.
Commissioner Mikes commented that no other city had passed the ordinance as
of this date, and he didn't feel that Dania should be the first City to pass it. He felt
that we should wait until the attorneys for the other cities review this ordinance.
He thought it might be a good idea to extend the moratorium for an additional 30
days or longer. City Attorney Adler stated that he would prepare another
ordinance to extend the moratorium.
Mr. Mastriana stated that the City could still review applications while the
moratorium is in place. He also made the Commission aware that a protest had
been filed with the Federal Communications Commission against the fee provision
required by the industry; their feeling is that the 10% suggestion and the dollar
amount requirement is illegal.
Commissioner Mikes requested staff to survey other cities as to their progress on
the ordinance. He also felt that staff should review acceptable sites within the
City.
Mr. Mastriana stated that they would probably ask for 2 to 3 possible sites in the
City. He stated that the move now is to do total co-locations. He informed the
Commission that every pole is designed for 2 to 3 providers, thereby, minimizing
WORKSHOP MEETING 3 JANUARY 21, 1997
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the amount of poles and that the height of the poles would be 150 feet in order to
allow for 3 providers.
Commissioner Jones asked if Sprint was doing anything in the way of community
service. Mr. Mastriana stated that police & fire would be put on the towers if
requested by the City. He also stated that they had recently provided lighting for a
park in Hialeah.
COMMENTS:
Commissioner Mikes complained, again, about the garbage being picked up late. He
also expressed his opinion that the service has deteriorated.
This workshop meeting adjourned.
Mayor-Commissioner
City Clerk-Audi or
WORKSHOP MEETING 4 JANUARY 21, 1997
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AGENDA
D, NIA CITYCOMMISSION
WORKSHOP MEETING
JANUARY 21, 1997
7.30 P.M.
7. Discussion of bulk rate and garbage/trash pickup.
2. Discussion of alternatives for replacing water lines in the City.
3. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REGARDING THE FRANCHISING AND LICENSING OF
TELECOMMUNICATIONS SERVICE PROVIDERS USING
PUBLIC RIGHTS OF WAY, OPEN VIDEO SYSTEMS AND
CABLE SYSTEMS AND PRIVATE COMMUNICATIONS
SYSTEMS; ESTABLISHING REQUIREMENTS AND
CONDITIONS UPON THE USE OF PUBLIC RIGHTS OF
WAY BY SUCH ENTITIES; AND ESTABLISHING
PROCEDURES FOR PROTECTING THE PUBLIC
INTEREST IN SUCH FRANCHISES AND LICENSEES."
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CITY OF DANIA 41
BULK COLLECTION SERVICES
Option I
Status Quo-Color coded maps notifying residents when to place trash out(see attached).
Monday - N.W. Section
Tuesday - N.W. Section
Wednesday - S.W. Section
Thursday - S.W. Section
Friday - S.E. Section ,Saturday - N.E. Section
Cost-No change
Option II
Collect bulk waste weekly on Monday(s):
1st Monday - N.W. Section
2nd Monday - S.W. Section
3rd Monday - S.E. Section
4th Monday - N.E. Section
Cost: Would require the addition of four(4)trucks.(4)drivers,and(4)laborers.
Option III
Rolloff Service provided as a stand alone service or in conjunction with Option I or Option 11.
Benefits: Resident involvement resulting in community pride and cleaner neighborhoods.
Cost: 20 yard box-$235.00 � 2(Jj �� �Zltla�atn 6744
y� 30 yard box-S301j.OT_
Option IV
Require property owner(s)to clean-up. The City would charge the property owner,call upon Southern
Sanitation to provide collection services. The City would render compensation to Southern Sanitation on
a monthly basis in conjunction with the basic$17,870.25 per month paid currently for bulk collection
services.
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REQUEST FOR PAYMENT
END OF MONTH
PER CONTRACT
#8370
SOUTHERN SANITATION
DECEMBER 1996
001-34-1700-30342 $ 17,870.25
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REQUEST FOR PAYMENT
#4730
INDUSTRIAL WASTE SERVICE
1197
EAST DANIA - ACCT #3000395
1700-30342
3,715 UNITS @ $12.30 PER UNIT = $45,694.50
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REQUEST FOR PAYMENT
#4730
INDUSTRIAL WASTE SERVICE
JANUARY 1997
WEST DANIA - #3040154
1700-30342
1,438 UNITS @ $23.48 PER UNIT = $33,764.24
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REGARDING THE FRANCHISING AND LICENSING OF
TELECOMMUNICATIONS SERVICE PROVIDERS USING
PUBLIC RIGHTS OF WAY, OPEN VIDEO SYSTEMS AND
CABLE SYSTEMS AND PRIVATE COMMUNICATIONS
SYSTEMS; ESTABLISHING REQUIREMENTS AND
CONDITIONS UPON THE USE OF PUBLIC RIGHTS OF
WAY BY SUCH ENTITIES; AND ESTABLISHING
PROCEDURES FOR PROTECTING THE PUBLIC INTEREST
IN SUCH FRANCHISES AND LICENSEES.
WHEREAS, the public streets, alleys, easements and other rights-of-way
within the City:
(1) are critical to the travel of persons and the transport of goods and other
tangibles in the business and social life of the community by all citizens;
(2) can be partially occupied by utilities and other public service entities for
facilities used in the delivery, conveyance, and transmission of utility and public
services rendered for profit, to the enhancement of the health, welfare, and general
economic well-being of the City and its citizens; and
(3) are a unique and physically limited resource so that proper management
by the City is necessary to maximize the efficiency and to minimize the costs to the
taxpayers of the foregoing uses and to minimize the inconvenience to and negative
effects upon the public from such facilities' construction, emplacement, relocation,
and maintenance in the rights-of-way; and
(4) are intended for public uses and must be managed and controlled
consistent with that intent; and
WHEREAS, the right to place facilities and fixtures in such rights-of-way for
the business of providing telecommunications services for hire, cable services or
open video services is a valuable economic right to use a unique public resource
that has been acquired and is maintained at great expense to the City and its
taxpayers, the economic benefit of which should be shared with the taxpayers of
the City; and
WHEREAS, the City of Dania (herein after referred to as "City") is authorized
by state and local law to control the use of public rights-of-way, and to franchise
operators of telecommunications systems, open video systems and cable systems
which use such rights-of-way; and
WHEREAS, the City finds that it is in the interest of the public to franchise
and to establish standards for franchising such operators and licensing private
communications systems in a manner which (1) compensates the City for the fair
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market value of such property used and for ongoing costs associated with the use
of that property; (2) encourages competition by establishing terms and conditions
under which an operator of a telecommunications system, an operator of a cable
system, or an operator of an open video system may use valuable public property
to serve the public; (3) fully protects the public and the City from any harm that
may flow from such private use of rights-of-way; (4) protects and carries out the
regulatory authority of the City, in a manner consistent with federal and state law;
and (5) otherwise protects the public interests in the development and use of the
City's infrastructure; and
WHEREAS, the City finds that it is appropriate for various operators to obtain
separate franchises based on the type of service provided, in order to ensure that
similarly situated operators can be treated as similarly as possible, and to avoid
confusion as to regulatory authority applicable to each type of franchise; and
WHEREAS, in light of federal and state law, and the changes to local
procedures required by them, the City finds that it is necessary and appropriate to
apply the provisions hereof to existing franchisees and licensees as far as is
possible and to apply it to those with pending applications to place facilities in
public rights-of-way for communications purposes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
TITLE I - GENERAL
SEC. 1 . DEFINITIONS
1 .1 . Generally. For the purposes of this Ordinance, the following terms,
phrases, words, and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. When not inconsistent with the context, words used in
the present tense include the future tense; words in the plural number include the
singular number; and words in the singular number include the plural number; and
the masculine gender includes the feminine gender. "And" and "or" may be read
conjunctively or disjunctively. The words "shall" and "will" are mandatory, and
"may" is permissive. Unless otherwise expressly stated, words not defined in this
Ordinance shall be given the meaning set forth in Title 47 of the United States
Code, and, if not defined therein, their common and ordinary meaning. References
to governmental entities (whether persons or entities) refer to those entities or their
successors in authority. If specific provisions of law referred to herein are
renumbered, then the reference shall be read to refer to the renumbered provision.
References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances and
regulations now in force or hereinafter enacted or amended.
1 .2. Affiliate, means a person that, (directly or indirectly), owns or controls,
is owned or controlled by, or is under common ownership or control with, another
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person.
1 .3. Annual occupancy fee means an annual charge against (a) the operator
of communications facilities that are excused from paying the full franchise fee
required under this ordinance; and (b) the owner of a private communications
system. The fee recovers an apportioned share of the costs to the City in granting
access to and acquiring and maintaining those portions of the public rights-of-way
used by the operator of a communications facility and the owner of a private
communications system.
1 .4. Cable service means -
(A) the one-way transmission to subscribers of (i) video programming, or (ii)
other programming service, and
(B) subscriber interaction, if any, which is required for the selection or use of
such video programming or other programming service.
1 .5. Cable System means a facility, consisting of a set of closed
transmission paths 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 a community, but
such terms 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 right-of-way; (C) a facility of a
common carrier which is subject, in whole or in part, to the provisions of Title II
(Common Carriers) of the Communications Act of 1934, as amended, except that
such facility shall be considered a cable system to the extent such facility is used in
the transmission of video programming directly to subscribers; or (D) any facilities
of any electric utility used solely for operating its electric utility systems; or (E) an
open video system that is certified by the FCC. A reference to a cable system
includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers,
power guards, nodes, cables, fiber optics and other equipment necessary to operate
the cable system.
1 .6. Construction, operation or repair. "Construction, operation or repair"
and similar formulations of that term means the named actions interpreted broadly,
encompassing, among other things, installation, extension, maintenance,
replacement of components, relocation, undergrounding, grading, site preparation,
adjusting, testing, make-ready, and excavation.
1 .7. Communications facility refers to a telecommunications facility, cable
system, or open video system.
1 .8. Franchise refers to the authorization granted by the City to an operator
of a telecommunications facility, cable system, or an open video system giving the
operator the non-exclusive right to provide, through facilities maintained or operated
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upon, across, beneath, or over any public right-of-way in the City, a specified
service within a franchise area. Any such authorization, in whatever form granted,
shall not mean or include: (i) any other permit or authorization required for the
privilege of transacting and carrying on a business within the City required by the
ordinances and laws of the City; (ii) any permit, agreement or authorization required
in connection with operations on public streets or property including, without
limitation, permits and agreements for placing devices on or in poles, conduits or
other structures, whether owned by the City or a private entity, or for excavating or
performing other work in or along public rights-of-way.
Agreement means a contract
the provisions of thisOrdinance bet entered
ween the C ty anda Frr nch see that sets forth,
subject to this Ordinance, the terms and conditions under which a Franchise will be
exercised.
1 .10. Franchisee refers to a person holding a Franchise issued under this
Ordinance, or a Franchise issued prior to this Ordinance, subject to the provisions of
Section 7 hereof.
1 .1 1 . Franchise Area means the area of the City that a Franchisee is
authorized to serve by its Franchise Agreement.
1 .12. FCC means the Federal Communications Commission or its designee.
form. 1 .13. Gross Revenues means any and all revenue, of any kind, nature or
1 .14. License refers to the legal authorization, terminable at will, to use a
particular, discrete and limited portion of the public rights-of-way to construct,
operate or repair a communications facility or a private communications system.
1 .15. Open Video System, or "OVS" refers to 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 Federal Communications Commission or its successor has certified as
compliant with Part 76 of the Rules of the Federal Communications Commission,
47 C.F.R., Part 76, as amended from time-to-time.
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1 .16. Operator, when used with reference to a system, refers to a person
(a) who provides service over a communications facility and directly or through one
or more affiliates owns a significant interest in such facility; or (b) who otherwise
controls or is responsible for, through any arrangement, the management and
operation of such a facility. A person that leases a telecommunications facility or a
specific portion of a telecommunications facility to provide telecommunications
services shall be treated as an operator for purposes of this Ordinance.
1 .17. Person includes any individual, corporation, partnership, association,
joint stock company, trust, or any other legal entity, but not the City.
1 .18. Private communications system means a facility placed in whole or in
part in the public right of way for the provision of communications in connection
with a person's business, but not encompassing in any respect the provision of
telecommunications services.
1 .19. Private communications system owner means a person that owns or
leases a private communications facility.
1 .20. Public rights-of-way means the surface, the air space above the
surface, and the area below the surface of any public street, highway, lane, path,
alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public
easement, or similar property in which the City now or hereafter holds any property
interest, which, consistent with the purposes for which it was dedicated, may be
used for the purpose of constructing, operating and repairing a communications
facility. Public rights of way do not include buildings, parks, or other property
owned or leased by the City. No reference herein, or in any franchise agreement,
to a public right-of-way shall be deemed to be a representation or guarantee by the
City that its interest or other right to control the use of such property is sufficient
to permit its use for such purposes, and a franchisee shall be deemed to gain only
those rights to use as are properly in the City and as the City may have the
undisputed right and power to give.
1 .21 . Reseller refers to any person that provides telecommunications service
over a telecommunications facility for which a separate charge is made, where that
person does not own or lease the underlying telecommunications facility used for
the transmission.
1 .22. Transfer means any transaction in which: (i) all or a portion of the
communications facility is sold or assigned (except a sale or assignment that results
in removal of a particular portion of the facility from the public rights-of-way); (ii)
there is any change, acquisition, or direct or indirect transfer of control of the
franchisee or licensee; or (iii) the rights and/or obligations held by the franchisee or
licensee under the franchise or license are transferred, sold, assigned, or leased, in
whole or in part, directly or indirectly, to another party. In succeeding provisions of
this ordinance, all these activities are referred to as franchise transfers.
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1 .23. Telecommunications facility means a facility that is used to provide
one or more telecommunications services, any portion of which occupies public
rights of way. The term telecommunications facility includes radio transmitting
towers, other supporting structures, and associated facilities used to transmit
telecommunications signals. An open video system is not a telecommunications
facility to the extent that it provides only video services; a cable system is not a
telecommunications facility to the extent that it provides only cable service.
1 .24. Telecommunications services means the transmission for hire, of
information in electronic or optical form, including, but not limited to, voice, video,
or data, whether or not the transmission medium is owned by the provider itself.
Telecommunications service includes telephone service but does not include over-
the-air broadcasts to the public-at-large from facilities licensed by the Federal
Communications Commission or any successor thereto.
SEC. 2. FRANCHISE REQUIRED.
2.1 . Purpose and characteristics. In order to ensure as far as possible and
appropriate that persons providing similar services are treated similarly, considering
differences in circumstances, and to comply with requirements of federal law which
may require the City to separate its authority over cable systems from its authority
over other providers of telecommunications services, the City shall require
individual franchises for the provision of particular services. The revocation of a
franchise for one particular service in and of itself will not affect the authority of a
franchise holder to continue to provide services for which it holds other franchises.
No franchise shall be exclusive and competition shall be encouraged. The issuance
of a franchise shall not affect the City's right to itself construct, operate, or repair
any communications facility, with or without a franchise.
2.2. Every operator must obtain. A cable operator must obtain a franchise
prior to constructing a cable system or providing cable service; an operator of a
telecommunications facility must obtain a franchise prior to constructing a
telecommunications facility or providing telecommunications services; an operator
of an open video system must obtain a franchise before constructing an open video
system or providing services via an open video system. So long as it pays the
compensation required, a reseller may use other's facilities to conduct business in
the right-of-way without obtaining a written franchise or license, so long as it does
not own or lease facilities in the right-of-way and is not involved in construction or
repair of facilities in the right-of-way. The fact that a particular communications
facility may be used for multiple purposes does not obviate the need to obtain a
franchise for other purposes. By way of illustration and not limitation, a cable
operator of a cable system must obtain a cable franchise, and, should it intend to
provide telecommunications services over the same facilities, must also obtain a
telecommunications franchise. No franchise shall become effective without the
franchisee entering into a franchise agreement with the City.
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2.3. Exceptions. A franchise requirement may be waived for a
telecommunications facility, cable system or an open video system that is not
designed to provide service in the City, and that does not provide service in the
City; or a facility, such as an antenna, where the use of the right of way is de
minimis. For such facilities, the City may issue a license. In addition, every private
communications system owner must obtain a license. Every license shall require
the licensee to obtain a franchise if it is determined that the license is being used in
a manner that creates a competitive advantage for that operator or otherwise
unduly discriminates in favor of such operator. In any case, the license must
provide that if limitations of license are violated, the licensee must pay the
maximum franchise fee required by Titles II-V.
2.4. Nature of grant. Neither a franchise nor a license shall convey title,
equitable or legal, in the rights-of-way. The right is only the right to occupy rights-
of-way, for the purposes and for the period stated in the franchise or license; the
right may not be subdivided or subleased.
SEC. 3. COMPENSATION REQUIRED
3.1 . Purpose. To ensure that the City, as far as possible, is compensated
for the rights granted, and receives fair market value for use of property over which
it exercises control, or which is held in public trust; and to ensure that the City is
compensated for expenses arising from the use of that property; and to ensure that
similarly situated persons providing the same services are treated similarly, as far as
is possible and appropriate considering differences in circumstances; the City shall
require persons using its right of way to provide cable service, telecommunications
service, open video system services, and private communications system owners to
pay compensation therefore, as provided in this Ordinance.
3.2. Every operator must pay. Every cable operator; every operator of a
telecommunications facility; every operator of an open video system; and every
private communications owner must pay an annual occupancy fee except as
provided in Section 3.4. In addition, each communications facility operator and
each reseller and each owner of a private communications system must pay a fee
to reflect the fair market value of the use of the street to conduct business, in
accordance with the specific compensation provisions of Titles If - V, except as
provided in Section 3.4. Except as provided in Section 3.4, this fee (referred to as
a "franchise fee" in this Ordinance although the payee could be a licensee) shall be
based upon a percentage of gross revenues. An operator that pays the full
franchise fee may offset that amount against the amount it pays as an annual
occupancy fee. However, any operator that is excused from paying the full
franchise fee required under Titles II - V by virtue of an existing contract or
applicable state law shall be required to pay, in addition to the franchise fee
applicable to them, the annual occupancy fee to the extent permitted by law.
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3.3. Establishment of fees. The City shall fix from time-to-time by
resolution the annual occupancy fee, and the market value fee contemplated by
Section 3.4.2, each of which shall be charged on a per linear foot basis for
communications facilities in the public rights-of-way for each major geographic
subdivision of the City. The City may from time to time issue exemptions from an
obligation to pay an annual occupancy fee where levying the fee would result in a
double payment for the same facility.
paid if:3.4. Exceptions. The franchise fees required under Titles II - IV need not be
3.4.1. State law or charter requires otherwise; or during any transition
period for a current franchise holder. In cases subject to this exception, the highest
permissible fee shall be paid.
3.4.2. In the case of a cable system, a telecommunications facility or
an open video system that is not designed to provide service in the City, and that
does not provide service in the City, or where a particular facility makes de minimis
use of public rights-of-way, and is licensed pursuant to Section 2.3. In those
cases, in addition to charging the annual occupancy fee, the City shall establish a
fee in lieu of the fees specified in Title II-IV that recovers an amount equivalent to
the fair market value of the property used in the City.
3.5. Application to persons that provide different types of services. The
fact that a fee is paid on one type of service provided over a communications
facility, does not excuse an operator from its duty to pay fees on other types of
services provided over that facility as required by this ordinance. As an example,
and not as a limitation of the foregoing, a cable operator that pays a franchise fee
on revenues derived from the provision of cable services must pay a fee under Title
II (Special Rules Applicable to Telecommunications Systems) to the extent that it
provides telecommunications services; likewise, the operator of a
telecommunications facility must pay a franchise fee under Title IV to the extent it
provides cable services to subscribers via a cable system.
3.6. General rules for payment of fees.
3.6.1 . Unless otherwise specified in a franchise agreement or a
license, franchise and license fees shall be paid to the City quarterly, and not later
than forty-five (45) days after the end of each calendar quarter.
3.6.2. Unless a franchise agreement or license provides otherwise,
each franchise or license fee payment shall be accompanied by a statement
showing the manner in which the fee was calculated.
3.6.3. No acceptance by the City of any franchise or license fee shall
be construed as an accord that the amount paid is in fact the correct amount, nor
shall such acceptance of such franchise fee payment be construed as a release of
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any claim the City may have for additional sums payable.
3.6.4. The franchise or license fee payment is not a payment in lieu of
any tax, fee or other assessment except as specifically provided in this title, or as
required by applicable law. By way of example, and not limitation, permit fees and
business license taxes are not waived and remain applicable.
3.6.5. Within ninety (90) days following the end of the calendar year,
each person which paid a franchise fee based upon gross revenues shall submit a
statement, certified as true by an independent auditor or the chief financial officer
of such person, setting forth gross revenues of the communications facility, by
category, and describing what revenues were included and excluded in the fee
calculation, and any adjustments made to gross revenues. If payments are late, in
addition to paying any applicable penalties or damages, the person that owes the
fee shall pay interest on the amount owed at the statutory interest rates applicable
to judgments.
3.6.6. The City may, from time to time, and upon reasonable advance
written notice, inspect and audit any and all books and records reasonably
necessary to the determination of whether fees have been accurately computed and
paid,
3.6.7. Notwithstanding the foregoing, in the event that a person that
is obligated to pay a fee ceases to provide service for any reason (including as a
result of a transfer), such person shall make a final payment of any amounts owed
to the City within ninety (90) calendar days of the date its operations in the City
cease, and shall provide a statement of gross revenues for the calendar year
through the dates operations ceased which statement shall contain the information
and certification required by Section 3.6.5.
SEC. 4. GENERAL CONDITIONS UPON USE OF RIGHTS-OF-WAY
4.1 . Responsibility for costs. Except as expressly provided otherwise, any
act that a communications facility operator, its contractors or subcontractors are
required to perform under this Section 4 shall be performed at their cost. If a
communications facility operator fails to perform work that it is required to perform
within the time provided for performance, the City may perform the work, and bill
the communications facility operator therefor. The communications facility
operator shall pay the amounts billed within 30 days.
4.2. Construction procedures and placement of facilities; obligation to
minimize interference with use of rights-of-way.
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4.2.1 . The construction, operation and repair of communications
facilities are subject to the supervision of all of the authorities of the City that have
jurisdiction in such matters, and shall be performed in compliance with all laws,
ordinances, departmental rules and regulations and practices affecting such system.
By way of example, and not limitation, this includes zoning codes and safety
codes. In addition, the construction, operation and repair shall be performed in a
manner consistent with high industry standards. Persons engaged in the
construction, operation or repair of communications facilities shall exercise
reasonable care in the performance of all their activities, and use commonly
accepted methods and devices for preventing failures and accidents that are likely
to cause damage, injury, or nuisance to the public or to property.
4.2.2. Construction, operation or repair of a communications facility
shall not commence until written permits have been properly filed for and obtained
from the proper City officials and all required permit and associated fees paid. In
any permit so issued, the City may impose as a condition of the granting of the
permit such conditions and regulations as may be necessary to the management of
the right-of-way, including, by way of example and not limitation, for the purpose
of protecting any structures in the public rights-of-way, for the proper restoration of
such public rights-of-way and structures, and for the protection of the City and the
public and the continuity of pedestrian and vehicular traffic.
4.2.3. Without limiting the foregoing, communications facilities shall
be constructed, operated and repaired in accordance with good engineering
practices. No work on the facilities shall be performed except by experienced and
properly trained personnel. The operator of a communications facility is responsible
for all the acts of its contractors and subcontractors, and for ensuring that its
contractors and subcontractors perform all work in compliance with this ordinance
and any applicable franchise agreement.
4.2.4. Operators of communications facilities must follow City-
established requirements for placement of facilities in rights-of-way, and must in
any event install facilities in a manner that minimizes interference with the use of
the rights-of-way by others, including others that may be installing communications
facilities. The City may require that facilities be installed at a particular time, place,
or manner as a condition of access to a particular right-of-way, and may require a
person using the right-of-way to cooperate with others to minimize adverse impacts
on the right-of-way through joint trenching and other arrangements.
4.2.5. Every operator of a communications facility shall make
available to other franchisees or licensees any of its conduits that is excess, so long
as it is excess, at a reasonable, non-discriminatory rental fee. The City may
require as a condition of issuing any right-of-way permit for underground conduit
the installation of which requires excavation of or along any traveled way that the
franchisee, licensee, or holder of the right-of-way permit emplace conduit in excess
of its present and reasonably foreseeable requirements for the purpose of
accommodating other franchisees and licensees for a reasonable charge.
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4.2.6. To the extent possible, operators of communications facilities
shall use existing poles and conduit in installing their system. In no case may
additional poles be installed in the right-of-way without the permission of the City;
any person who is permitted to install poles must lease capacity on those poles to
others, at a rate not higher than the rate that would be permitted if 47 U.S.C.
§ 224 applied.
4.2.7. Except as City may direct otherwise, communications facilities
may be constructed overhead where poles exist and electric or lines of a local
exchange carrier franchised before 1990 are overhead, but where both electric or
such telephone lines are underground, or are being initially placed underground
(whether voluntarily or at the City's direction), other communications facilities shall
be constructed underground. Whenever and wherever the owner of the poles upon
which aerial facilities are located moves its plant from overhead to underground
placement in an area, all communications facilities in that area shall be similarly
moved underground.
4.2.8. Any and all public rights-of-way, public property, or private
property that is disturbed or damaged during the construction, operation or repair of
a communications facility shall be promptly repaired by the communications facility
operator.
4.2.9. No tree trimming shall be performed without the permission of
the City and other affected authorities, and any tree trimming must be performed in
strict accordance with the City Code.
4.3. Relocation of facilities.
4.3.1 . A communications facility operator shall, by a time specified by
the City, protect, support, temporarily disconnect, relocate, or remove any of its
property when required by the City or any other governmental entity by reason of
traffic conditions; public safety; public right-of-way construction; public right-of-
way repair (including resurfacing or widening); change of public right-of-way grade;
construction, installation or repair of sewers, drains, water pipes, power lines,
signal lines, tracks, or any other type of government-owned communications
system, public work or improvement or any government-owned utility; public right-
of-way vacation; or for any other purpose where the work involved would be aided
by the removal or relocation of the communications facility. Collectively, such
matters are referred to below as the "public work."
4.3.1 .1 . Except in the case of emergencies, the City shall
provide written notice describing where the public work is to be performed at least
one week prior to the deadline by which a communications facility operator must
protect, support, temporarily disconnect, relocate or remove its facilities. A
communications facility operator may seek an extension of the time to perform
such tasks where they cannot be performed in a week even with the exercise of
due diligence, and such request for an extension shall not be unreasonably refused.
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4.3.1 .2. In the event of an emergency, or where a
communications facility creates or is contributing to an imminent danger to health,
safety, or property, the City may protect, support, temporarily disconnect, remove,
or relocate any or all parts of the communications facility without prior notice, and
charge the communications facility operator for costs incurred.
4.3.2. If any person that is authorized to place facilities in the right-
of-way requests another communications facility operator receiving the request to
protect, support, temporarily disconnect, remove, or relocate its facilities to
accommodate the construction, operation, or repair of the facilities of such other
person, the communications facility operator shall, after thirty (30) days' advance
written notice, take action to effect the necessary changes requested. Unless the
matter is governed by a valid contract or a state or federal law or regulation, or in
other cases where the communications facility that is being requested to move was
not properly installed, the reasonable cost of the same shall be borne by the party
requesting the protection, support, temporary disconnection, removal, or relocation
and at no charge to the City.
4.3.3. A communications facility operator shall, on the request of any
person holding a valid permit issued by a governmental authority, temporarily raise
or lower its wires to permit the moving of buildings or other objects. The expense
of such temporary removal or raising or lowering of wires shall be paid by the
person requesting the same. A communications facility operator shall be given not
less than seven days advance notice to arrange for such temporary wire changes.
4.3.4. A communications facility operator may abandon any property
in place upon notice to the City, unless the City determines, in the exercise of its
reasonable discretion within 90 days of the notice of abandonment from the
operator, that the safety, appearance, functioning or use of the public right-of-way
and facilities in the public right-of-way will be adversely affected thereby, in which
case the operator must remove its property by a date specified by the City.
4.3.5. If a state statute requires the City to compensate a person for
the cost of relocation or removal, nothing in this Ordinance shall be read to
abrogate any right such person may have to that compensation.
4.4. Facility subject to inspection; operator must provide information. Every
communications facility shall be subject to the right of periodic inspection and
testing by the City to determine compliance with the provisions of this Ordinance, a
franchise or license agreement, or other applicable law. The City shall have the
right, upon request, to be notified and present when the communications facility is
tested by the operator. Each operator must respond to requests for information
regarding its system and plans for the system as the City may from time to time
issue, including requests for information regarding its plans for construction,
operation and repair and the purposes for which the plant is being constructed,
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operated or repaired.
4.5. Underground Services Alert. Each operator of a communications
facility that places facilities underground shall be a member of the regional
notification center for subsurface installations (Underground Services Alert) and
shall field mark the locations of its underground communications facilities upon
request. The operator shall locate its facilities for the City at no charge.
4.6. Publicizing Work
4.6.1. Work shall be publicized as the City may direct from time to
time.
4.6.2. Each communications facility owner shall provide the City a
plan for any initial system construction, or for any substantial rebuild, upgrade or
extension of its facility, which shall show its timetable for construction of each
phase of the project, and the areas of the City that will be affected.
4.7. No discrimination.
4.7.1 . A communications facility operator shall not deny service, deny
access, or otherwise discriminate against subscribers, programmers, or residents of
the City on the basis of race, color, creed, national origin, sex, age, conditions of
physical handicap, religion, ethnic background, marital status, or sexual orientation.
4.7.2. A communications facility operator shall not discriminate
among persons or the City or take any retaliatory action against a person or the
City because of that entity's exercise of any right it may have under federal, state,
or local law, nor may the operator require a person or the City to waive such rights
as a condition of taking service.
4.7.3. A communications facility operator shall not deny access or
levy different rates and charges on any group of potential customers because of the
income of the residents of the local area in which such group resides.
4.7.4. A communications facility operator shall not refuse to employ,
discharge from employment, or discriminate against any Person in compensation or
in terms, conditions, or privileges of employment because of race, color, creed,
national origin, sex, age, disability, religion, ethnic background, marital status, or
sexual orientation. A communications facility operator shall comply with all federal,
state, and local laws and regulations governing equal employment opportunities, as
the same may be from time to time amended.
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SEC. 5. PROTECTION OF THE CITY AND RESIDENTS
5.1 . Indemnification.
5.1 .1 . The City may not enter into any franchise, or otherwise
authorize any communications facility operator to use the public rights of way, until
and unless the City obtains an adequate indemnity from such operator. The
indemnity must at least:
5.1 .1 .1 . release the City from and against any and all liability
and responsibility in or arising out of the construction, operation or maintenance of
the communications facility. Each communications facility operator must further
agree not to sue or seek any money or damages from City in connection with the
above mentioned matters;
5.1 .1 .2. indemnify and hold harmless the City, its trustees,
elected and appointed officers, agents, and employees, from and against any and all
claims, demands, or causes of action of whatsoever kind or nature, and the
resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages,
orders, judgments, or decrees, sustained by the City or any third party arising out
of, or by reason of, or resulting from or of the acts, errors, or omissions of the
communications facility operator, or its agents, independent contractors or
employees related to or in any way arising out of the construction, operation or
repair of the facility.
5.1 .1 .3. provide that the covenants and representations
relating to the indemnification provision shall survive the term of any agreement
and continue in full force and effect as to the party's responsibility to indemnify.
5.2. Insurance. The City may not enter into any franchise, or otherwise
authorize any communications facility operator to use the public rights of way, until
and unless the City obtains assurance that such operator land those acting on its
behalf) have adequate insurance. At a minimum, the following requirements must
be satisfied.
5.2.1 . A communications facility operator shall not commence
construction or operation of the facility without obtaining all insurance required
under this paragraph and approval of such insurance by the Risk Manager of the
City, nor shall a communications facility operator allow any contractor or
subcontractor to commence work on its contract or sub-contract until all similar
such insurance required of the same has been obtained and approved. The required
insurance must be obtained and maintained for the entire period the
communications facility operator has facilities in the right-of-way, and for a period
thereafter as specified in the minimum coverages described below. If the operator,
its contractors or subcontractors do not have the required insurance, the City may
order such entities to stop operations until the insurance is obtained and approved.
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5.2.2. of insurance,
tificates
insurance, shall be fi edrwith the Risk Manager,
For entities
nit es that are g evidence oft en the
the
market, the certificates shall be filed prior to the commencement of construction
and once a year thereafter, and as provided below in the event of a lapse in
coverage. For entities that have facilities in the right-of-way as of the effective
date of this ordinance, the certificate shall be filed within 60 days of the date of
this ordinance, annually thereafter, and as provided below in the event of a lapse in
coverage, unless a pre-existing franchise agreement provides for filing of
certificates in a different manner.
5.2.3. These certificates shall contain a provision that coverages
afforded under these Policies will not be canceled until at least thirty days (30) prior
written notice has been given to the City. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida. Financial Ratings
must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
5.2.4. In the event that the insurance certificate provided indicates
that the insurance shall terminate or lapse during the period of this contract, then in
that event, the communications facility operator shall furnish, at least thirty (30)
days prior to the expiration of the date of such insurance, a renewed certificate of
insurance as proof that equal and like coverage for the balance of the period the
franchise or license under which communications facility operates.
5.2.5. A communications facility operator; and its contractors or
subcontractors engaged in work on the operator's behalf in, on, under or over
public rights-of-way; shall maintain the following minimum insurance:
COMPREHENSIVE
insurance
cover liability bodily injuryland property damageGExpo ur sENERALAto be coveredare: to
premises, operations, products/completed operations, and certain contracts.
Coverage must be written on an occurrence basis, with the following limits of
liability:
A. Bodily Injury
1 . Each Occurrence $1,000,000
2• Annual Aggregate 3,000,000
B. Property Damage
1- Each Occurrence $1,000,000
2• Annual Aggregate 3,000,000
C. Personal Injury
Annual Aggregate 3,000,000
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D. Completed Operations and Products Liability shall be maintained for
two (2) years after the termination of the franchise agreement or
license agreement (in the case of the communications facility operator)
or completion of the work for the communications facility operator (in
the case of a contractor or subcontractor).
E. Property Damage Liability Insurance shall include Coverage for the
following hazards: X - explosion, C - Collapse, U - underground.
5.2.5.2. WORKERS' COMPENSATION insurance shall be
maintained during the life of this contract to comply with statutory limits for all
employees, and in the case any work is sublet, each communications facility
operator shall require the Subcontractors similarly to provide Workers'
Compensation Insurance for all the latter's employees unless such employees are
covered by the protection afforded by each communications facility operator. Each
communications facility operator and its contractors and subcontractors shall
maintain during the life of this policy Employers Liability Insurance. The following
limits must be maintained:
A. Workers' Compensation Statutory
B. Employer's Liability $ 500,000 per occurrence
5.2.5.3. COMPREHENSIVE AUTO LIABILITY
A. Bodily Injury
1 . Each Occurrence $1,000,000
2. Annual Aggregate 3,000,000
B. Property Damage
1 . Each Occurrence $1,000,000
2. Annual Aggregate 3,000,000
Coverage shall include owned, hired and non-owned vehicles.
5.2.6. Each communications facility operator shall hold the City, its
agents, and employees, harmless on account of claims for damages to persons,
property or premises arising out of its construction, operation or repair of its
communications facility and name the City as an additional insured.
5.2.7. In every franchise agreement or license agreement, the City
shall reserve the right to require any other insurance coverage it deems necessary
depending upon the exposures.
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5.3. Performance/payment bonds. Every operator of a communications
facility maybe required to obtain performance bonds and, if necessary, payment
bonds to ensure the faithful performance of its responsibilities under this ordinance
and any franchise agreement or license. The amount of the performance and
payment bonds shall be set by the City Manager in light of the nature of the work
to be performed, and is not in lieu of any additional bonds that may be required
through the permitting process. The bond shall be in a form acceptable to the City
attorney. The City may from time to time increase the amount of the required
performance bond to reflect increased risks to the City and to the public.
5.4. Security fund. Every communications facility operator shall establish a
$25,000 cash security fund, or provide the City an irrevocable letter of credit in the
same amount, to secure the payment of fees owed, to secure any other
performance promised in a franchise agreement, and to pay any taxes, fees or liens
owed to the City. The letter of credit shall be in a form and with an institution
acceptable to the City attorney. Should the City draw upon the cash security fund
or letter of credit, it shall promptly notify the communications facility operator, and
the communications facility operator shall promptly restore the fund or the letter of
credit to the full required amount. This security fund/letter of credit may be waived
or reduced by the City for a franchisee or licensee where the City determines in its
discretion that a particular franchisee's or licensee's operations are sufficiently
limited that a $25,000 security fund/letter of credit is not necessary to secure the
required performance. The City may from time to time increase the amount of the
required security fund/letter of credit to reflect increased risks to the City and to the
public.
SEC. 6. ENFORCEMENT AND REMEDIES
6.1 . Responsible for administration. The City Manager is responsible for
enforcing and administering this ordinance, and the City Manager or its designee is
authorized to give any notice required by law or under any franchise agreement,
including by way of example and not limitation, a notice required under 47 U.S.C.
§626. The City Manager is also authorized to seek information from any
communications facility operator, to establish forms for submission of applications
and other information, and to take all other actions necessary or appropriate to the
administration of this ordinance. Franchises may only be issued or revoked by
action of the City Commission.
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6.2. Application for a franchise.
6.2.1 . An application must be filed for an initial franchise or license;
for a transfer; or for renewal of a franchise or license. Each entity that is required to
hold a franchise or license must submit an application therefor to the [office], in
accordance with the requirements of Titles II-V. To be accepted for filing, an
original and six copies of a complete application must be submitted to []. All
applications shall be available for public inspection. All applications shall include
the names and addresses of persons authorized to act on behalf of the applicant
with respect to the application.
6.2.2. An application may be filed by any person on that person's
own initiative or in response to a request for proposals. The City Manager is
authorized to issue requests for proposals from time to time.
6.2.3. [Unless covered by a general fees ordinance] Every application
shall be accompanied by a nonrefundable fee in [alternative 1 : the following
amounts] [alternative 2 - for communities where fees are set annually by resolution:
amounts established from time to time by the City Commission by resolution.)
6.2.4. An applicant that is awarded a franchise or license, shall pay to
the City a sum of money sufficient to reimburse it for all publication expenses
incurred by it in connection with the granting of a franchise or license pursuant to
the provisions of this article. Such payment shall be made within thirty (30) days
after the City furnishes the franchisee or licensee with a written statement of such
expenses by delivery of same to the City Clerk.
6.2.5. Notwithstanding any other provision of this ordinance, pledges
in trust or mortgages of the assets of a franchised or licensed communications
facility 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 communications facility operator or any successor from complying with the
franchise or license and applicable law, nor may any such arrangement permit a
third party to succeed to the interest of the operator, or to own or control the
communications facility, 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
Ordinance or other applicable law.
6.3. Minimum contents of every franchise or license. In addition to
satisfying the other applicable requirements of Titles I-IV, every franchise
agreement or license for a communications facility shall contain the following
provisions:
6.3.1 . The franchise agreement or license shall provide that neither
the granting of any franchise or license, or any provision thereof, shall constitute a
waiver or bar to the exercise of any governmental right or power, police power, or
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regulatory power of the City as may exist at the time the franchise is issued or
thereafter be obtained.
6.3.2. The franchise agreement or license shall only authorize
occupancy of the right-of-way to provide the services and for the purposes
described in the franchise or license.
6.3.3. A franchise or license shall be a privilege that is held in the
public trust and personal to the original franchisee. The franchise agreement or
license shall ensure that no transfer of the franchise or license may occur, directly
or indirectly, without the prior consent of the City; except as contemplated by
Section 6.2.5.
6.3.4. The franchise agreement or license shall ensure that any
person placing communications facilities in the right of way will not discriminate in
hiring, in contracting, or in the provision of services.
6.3.5. The franchise agreement or license shall contain appropriate
provisions for enforcement, compensation, and protection of the public, consistent
with the other provisions of this ordinance.
6.3.6. The franchise or license shall be for a specified term, set forth
in the franchise agreement or license. No franchise issued under this ordinance shall
be for a term of longer than ten years; no license issued under this ordinance shall
be for a term of longer than five years.
6.4. Penalties.
Any person who violates any provision of this ordinance shall be fined
not more than $100.00, for each day the violation continues in accordance with
Chapter 162 of the 1996 Florida Statutes, or may be sentenced by a definite term
of imprisonment, not to exceed 60 days, or both.
6.5. Revocation, reduction of term, or forfeiture of franchise or license.
6.5.1 . Licenses shall be revocable at will.
6.5.2. Where, after notice and providing the franchisee an opportunity
to be heard (if such opportunity is timely requested by a franchisee), the City finds
that the facility is being operated in violation of this ordinance or substantial
violation of the terms of the franchise agreement, the City may make an appropriate
reduction in the remaining term of the franchise or to revoke the franchise. The
City Manager is authorized to establish and conduct a proceeding that comports
with the requirements of this Section 6.5.2, and to issue a recommended decision,
but any such decision may be appealed to the City Commission. Any appeal must
be filed within 30 days of the decision of the City Manager or it shall be deemed
waived. Notwithstanding the foregoing, the franchise may not be revoked unless
the franchisee (1) was given notice of the default; and (2) 30 days to cure the
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for curing the default acceptable to the City where it is impossible to cure the
default in 30 days. The required notice may be given before the City conducts the
proceeding required by this paragraph. No opportunity to cure is required for
repeated violations, and fraud shall be deemed incurable.
6.5.3. Notwithstanding the foregoing, the City may declare a
franchise forfeited where the franchisee (1) fails to begin to exercise its rights
under the franchise within a period specified in the franchise agreement; (2) stops
providing service it is required to provide in the franchise; (3) without the prior
consent of the City, transfers the franchise; or (4) fails to pay the annual
occupancy fees or franchise fees owed hereunder.
6.5.4. The City shall give a franchisee 30 days notice of an intent to
declare a franchise forfeited, and shall provide the franchisee an opportunity to
show cause why the franchise should not be forfeited.
6.5.5. Notwithstanding the foregoing, any franchise may, at the
option of the City following a public hearing before the City Council, be revoked
one hundred twenty (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 one
hundred twenty (120) day period:
or 6.5.6. Such assignment, receivership or trusteeship has been vacated;
6.5.7. Such assignee, receiver or trustee has fully complied with the
terms and conditions of this ordinance 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 ordinance and the
franchise agreement.
6.5.8. Notwithstanding the foregoing, 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 City Council,
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:
6.5.8.1 . The City has approved the transfer of the franchise to
the successful bidder; and
6.5.8.2. 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 Ordinance.
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for curing the default acceptable to the City where it is impossible to cure the
default in 30 days. The required notice may be given before the City conducts the
proceeding required by this paragraph. No opportunity to cure is required for
repeated violations, and fraud shall be deemed incurable.
6.5.3. Notwithstanding the foregoing, the City may declare a
franchise forfeited where the franchisee (1) fails to begin to exercise its rights
under the franchise within a period specified in the franchise agreement; (2) stops
providing service it is required to provide in the franchise; (3) without the prior
consent of the City, transfers the franchise; or (4) fails to pay the annual
occupancy fees or franchise fees owed hereunder.
6.5.4. The City shall give a franchisee 30 days notice of an intent to
declare a franchise forfeited, and shall provide the franchisee an opportunity to
show cause why the franchise should not be forfeited.
6.5.5. Notwithstanding the foregoing, any franchise may, at the
option of the City following a public hearing before the City Council, be revoked
one hundred twenty (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 one
hundred twenty (120) day period:
or 6.5.6. Such assignment, receivership or trusteeship has been vacated;
6.5.7. Such assignee, receiver or trustee has fully complied with the
terms and conditions of this ordinance 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 ordinance and the
franchise agreement.
6.5.8. Notwithstanding the foregoing, 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 City Council,
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:
6.5.8.1 . The City has approved the transfer of the franchise to
the successful bidder; and
6.5.8.2. 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 Ordinance.
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6.6. Effect of termination or forfeiture. Upon termination or forfeiture of a
license or franchise, whether by action of the City as provided above, or by
passage of time, the franchisee or licensee shall be obligated to cease using the
communications facilities for the purposes authorized by the franchise. The City
may either take possession of some or all of the licensee's or franchisee's facilities
in the public rights-of-way or require the licensee or franchisee or its bonding
company to remove some or all of the licensee's or franchisee's facilities from the
public rights-of-way and restore the public rights-of-way to their proper condition.
Should the franchisee or licensee neglect, refuse, or fail to remove such facility, the
City may remove the facility at the expense of the franchisee or licensee. The
obligation of the licensee or franchisee to remove shall survive the termination of
the franchise or license for a period of two years. Provided that, the City may not
take possession of, or require the franchisee or licensee to remove, any facilities
that are used to provide another service for which the franchisee holds a valid
franchise or license issued by the City.
6.7. Remedies Cumulative All remedies under this ordinance and any
franchise agreement are cumulative unless otherwise expressly stated. The
exercise of one remedy shall not foreclose use of another, nor shall the exercise of
a remedy or the payment of liquidated damages or penalties relieve a
communications facility operator of its obligations to comply with its Franchise.
Remedies may be used singly or in combination; in addition, the City may exercise
any rights it has at law or equity. Recovery by the City of any amounts under
insurance, the performance bond, the security fund or letter of credit, or otherwise
does not limit a communications facility operator's duty to indemnify the City in
any way; nor shall such recovery relieve a communications facility operator of its
obligations under a franchise, limit the amounts owed to the City, or in any respect
prevent the City from exercising any other right or remedy it may have. Nothing
herein shall be read to authorize the double-recovery of damages.
6.8. Access to books and records.
6.8.1 . Each communications facility operator shall provide the City
access to all books and records related to the construction, operation, or repair of
the communications facility so that the City may inspect and copy these books and
records. The operators' obligation includes the obligation to produce all books and
records related to revenues derived from the operation of the communications
facility. An operator is responsible for obtaining or maintaining the necessary
possession or control of all books and records related to the construction, operation
or repair of the communications facility, so that it can produce the documents upon
request. Books and records must be maintained for a period of 5 years, except that
(a) any record that is a public record must be maintained for the period required by
state law; and (b) a franchise may specify a shorter period for certain categories of
voluminous books and records where the information contained therein can be
derived simply from other materials.
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6.8.2. For purposes of this Ordinance, the terms "books and records"
shall be read expansively to include information in whatever format stored. Books
and records requested shall be produced to the City at City Hall, except by
agreement or pursuant to Sections 6.8.3.
y books and recordsfacilityfor
security
reasons cannot be copied and moved, thena communications ope operator may
request that the inspection take place at some other location mutually agreed to by
the City and the operator, provided that (1) the operator must make necessary
arrangements for copying documents selected by the City after its review; and (2)
the operator must pay all travel and additional copying expenses incurred by the
City (above those that would have been incurred had the documents been produced
in the City) in inspecting those documents or having those documents inspected by
its designee.
6.8.4. Without limiting the foregoing, the operator of a
communications facility shall provide the City the following within 10 days of their
receipt or (in the case of documents created by the operator or its affiliate) filing:
6.8.4.1 . notices of deficiency or forfeiture related to the
operation of the communications facility; and
6.8.4.2. copies of any request for protection under bankruptcy
laws, or any judgment related to a declaration of bankruptcy by the Franchisee or
by any partnership or corporation that owns or controls the Franchisee directly or
indirectly.
6.9. Retention of Records; Relation to Privacy Rights. Each communications
facility operator shall take all reasonable steps required, if any, to ensure that it is
able to provide the City all information which must be provided or may be
requested under this Ordinance, a franchise agreement, or Applicable Law,
including by providing appropriate Subscriber privacy notices. Each operator shall
be responsible for redacting any data that applicable law prevents it from providing
to the City. Nothing in this Section shall be read to require an operator to violate
state or federal law protecting subscriber privacy.
6.10. Reports. The City may require operators of communications facilities
to maintain records, and to prepare reports relevant to determining the compliance
of the communications facility operator with the terms and conditions of this
ordinance and a franchise agreement.
6.11 . Maps. Each communications facility operator shall maintain accurate
maps and improvement plans which show the location, size, and a general
description of all facilities installed in the rights-of-way and any power supply
sources (including voltages and connections). Maps shall be based upon post-
construction inspection to verify location. The operator of each communications
facility shall provide a map to the City showing the location of its facilities, in such
detail and scale as may be directed by the City Engineer. New maps shall be
22 ORDINANCE NO.
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promptly submitted to the City when the facility expands or is relocated. Copies of
maps shall be provided on disk, in a format specified by the City Engineer.
6.12. Compliance with laws. Each franchisee shall comply with all
applicable laws heretofore and hereafter adopted or established during the entire
term of its franchise.
6.13. Reservation of authority. The City may do all things which are
necessary and convenient in the exercise of its jurisdiction under this article. The
City Manager or its designee is hereby authorized and empowered to adjust, settle
or compromise any controversy involving performance or charges arising from the
operations of any franchisee under this article on behalf of the City. The City
Council may accept, reject or modify the decision of the City Manager, and the City
Council may adjust, settle or compromise any controversy or cancel any charge
arising from the operations of any franchisee or from any provision of this article.
6.14. No waiver. The failure of the City to insist on timely performance or
compliance by any person holding a license or franchise shall not constitute a
waiver of the City's right to later insist on timely performance or compliance by
that person or any other person holding such a license or franchise.
6.15. Ordinance not a contract. The City expressly reserves the right to
amend this ordinance from time-to-time in the exercise of its lawful powers. This
ordinance shall not be construed to be a contract.
SEC. 7. TRANSITIONAL PROVISIONS
7.1 . Persons operating without a franchise or license. The operator of any
facility, the operation of which is required to be franchised or licensed under this
ordinance, other than a person holding a lease under Section 7.3, shall have three
months from the effective date of this ordinance to file one or more applications for
a franchise or a license under this ordinance. Any operator or private
communications system owner timely filing such an application shall not be subject
to a penalty under Section 6.4 hereof for failure to have such a franchise or license
as long as said application remains pending.
7.2. Persons holding franchises or licenses. Any person holding an
outstanding franchise or license from the City for a communications facility to
provide specified services or for a private communications system may continue to
operate under the existing franchise or license to the conclusion of its present term
(but not any renewal or extension thereof) with respect to those activities expressly
authorized by the franchise or license; provided however, that such franchisee or
licensee may elect at any time to apply for a superseding franchise or license under
this ordinance, and must seek additional franchises or licenses to provide other
services; and provided further that, such person shall be subject to the other
provisions of this ordinance to the extent permitted by law. Provided further, that
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licenses that are revocable at will may be revoked by the City, and the licensee may
be required to obtain a new license under this ordinance.
7.3. Persons holding leases for property in the right-of-way. Any lessee
under a lease from the City for an antenna site located in the right-of-way that is
valid and in force on the effective date of this ordinance may continue to occupy
such antenna site to the conclusion of the term of the lease (but not any renewal or
extension thereof), in accordance with the terms of such lease; provided, however,
that such lessee may elect at any time to apply for a superseding lease, franchise or
license under this ordinance.
7.4. Persons with pending applications. Pending applications shall be
subject to this ordinance. A person with a pending application shall be provided 30
days from the effective date of this ordinance to submit additional information to
comply with the requirements of this ordinance governing applications.
SEC. 8. SPECIAL RULES FOR GOVERNMENT ENTITIES
Nothing herein requires the City to apply the provisions of these titles to a
government entity if the City determines that it is not in the public interest to do
so, and nothing in this ordinance shall be read to require a government entity to
comply with this ordinance, where the City cannot enforce the ordinance against
such entity as a matter of law.
TITLE II - SPECIAL RULES APPLICABLE TO
TELECOMMUNICATIONS FACILITIES AND
TELECOMMUNICATIONS SERVICE PROVIDERS
SEC. 1 . APPLICATION FOR A FRANCHISE.
1 .1 . Contents of application for initial or renewal franchise . In order to
obtain an initial or renewal franchise, an operator of a telecommunications facility
must apply for a franchise. The application must contain the following information,
and such information as the City may from time to time require.
1 .1 .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.
1 .1 .2. A proposal for construction of a telecommunications facility,
that sets forth at least the following:
over the facility. 1 .1 .2.1 . A description of the services that are to be provided
24 ORDINANCE NO.
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be required to obtain a new license under this ordinance.
i
7.3. Persons holding leases for property in the right-of-way. Any lessee
under a lease from the City for an antenna site located in the right-of-way that is
valid and in force on the effective date of this ordinance may continue to occupy
such antenna site to the conclusion of the term of the lease (but not any renewal or
extension thereof), in accordance with the terms of such lease; provided however,
that such lessee may elect at any time to apply for a superseding lease, franchise or
license under this ordinance.
Persons
subject to thisordinance. A pers applications.
a pending applicationlashall be protions shall w ded 30
days from the effective date of this ordinance to submit additional information to
comply with the requirements of this ordinance governing applications.
SEC. 8. SPECIAL RULES FOR GOVERNMENT ENTITIES
Nothing herein requires the City to apply the provisions of these titles to a
government entity if the City determines that it is not in the public interest to do
so, and nothing in this ordinance shall be read to require a government entity to
comply with this ordinance, where the City cannot enforce the ordinance against
such entity as a matter of law.
TITLE If - SPECIAL RULES APPLICABLE TO
TELECOMMUNICATIONS FACILITIES AND
TELECOMMUNICATIONS SERVICE PROVIDERS
SEC. 1 . APPLICATION FOR A FRANCHISE.
1.1 . Contents of application for initial or renewal franchise . In order to
obtain an initial or renewal franchise, an operator of a telecommunications facility
must apply for a franchise. The application must contain the following information,
and such information as the City may from time to time require.
control over the applicant;Identity
and the pof the erslons who control icant; the nth se persons, to the
s who exercise ng
ultimate parent.
1 .1.2. A proposal for construction of a telecommunications facility,
that sets forth at least the following:
over the facility. 1.1 .2.1 . A description of the services that are to be provided
1 .1 .2.2. The location of proposed facility and facility design,
I
. i
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including a description of the miles of plant to be installed, where it is to be
1 located, and the size of facilities and equipment that will be located in, on, over, or
above the rights-of-way;
1 .1 .2.3. 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 right-of-way usage, including information on the ability of the 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.
1 .1 .2.4. A description, where appropriate, of how services will
be converted from existing facilities to new facilities, and what will be done with
existing facilities.
1 .1 .2.5. Identification of the area of the City to be served by
the proposed cable system, including a description of the proposed franchise area's
boundaries.
1 .1 .3. Proof, 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 franchise term. 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.
1 .1 .4. Proof that applicant is technically qualified to construct,
operate and repair the proposed facility. At a minimum, the applicant must show
that it has experience or resources to ensure that work is to be performed
adequately, and can respond to emergencies during and after construction is
complete.
1 .1 .5. Proof that the applicant is legally qualified, which proof must
include a demonstration that the applicant:
1 .1 .5.1 . has received, or is in a position to receive,
necessary authorizations from state and federal
authorities;
1 .1 .5.2. has not engaged in conduct (fraud, racketeering,
violation of antitrust laws, consumer protection
laws, or similar laws) that allows City to conclude
the applicant cannot be relied upon to comply with
requirements of franchise, or provisions of this
title;
26 ORDINANCE NO.
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1 .1 .5.3. was not a convicted vendor 36 months or fewer
prior to the date of the application pursuant to
Section 287, Florida Statutes, or was removed
from the convicted vendor list pursuant to Section
287.133;
1 .1 .5.4. 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;
1 .1 .6. An affidavit or declaration of the applicant or authorized officer
thereof certifying the truth and accuracy of the information in the application, and
certifying that the application meets all requirements of applicable law.
1 .2. Additional information regarding affiliates; presumptions. To the extent
that the applicant is in any respect relying on the financial or technical resources of
another person, including another affiliate, the proofs required 1 .1 .3-1 .1 .5 should
be provided for that person. An applicant will be presumed to have the requisite
financial, or technical or legal qualifications to the extent such qualifications have
been reviewed and approved by a state agency of competent jurisdiction; or if
applicant is a holder of a franchise in the City for a cable system or open video
system, and conduct under other franchise provides no basis for additional
investigation. An applicant that is leasing existing facilities from a franchised
communications facility operator, where the applicant will have no responsibility for
any activity that involves work in the rights-of-way, may rely upon the franchisee's
technical qualifications, and will be presumed to have the necessary financial
qualifications.
1 .3. Applications for transfer. An application for a transfer of a franchise
must contain same information required by Section 1 .1, except that, if the
transferor submitted an application under Section 1 .1, to the extent information
provided by the transferor under Section 1 .1 .2 remains accurate, the transferee
may simply cross-reference the earlier application.
1 .4. City review. The City may request such additional information as it
finds necessary, and require such modifications to the system proposed as may be
necessary in the exercise of the City's authority over telecommunications facilities.
Once the information required by the City has been provided, the application shall
be promptly reviewed and shall be granted if the City finds that:
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1 .4.1 . The applicant has the qualifications to construct, operate and
repair 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 under Section 1 .1.7.2, by virtue of the
particular circumstances surrounding the matter and the steps taken by the
applicant to cure all harms flowing therefrom and prevent their recurrence, the lack
of involvement of the applicant's principals, or the remoteness of the matter from
the operation of telecommunications facilities. An application for a franchise area
shall not be granted if the franchisee has no plans for constructing a system within
the entire area for which the franchise is sought.
1.4.2. The applicant accepts the modifications required by the City to
its proposed system. This section does not authorize the City to exercise authority
it does not otherwise have under applicable law.
1 .4.3. The applicant enters into a franchise agreement and complies
with any conditions precedent to its effectiveness.
1 .4.4. In the case of a transfer, the City must also determine that:
1.4.4.1 . there will be no adverse effect on the public interest,
or the City's interest in the franchise;
1.4.4.2. transferee agrees to be bound by all the conditions of
the franchise and to assume all the obligations of its predecessor; and
1 .4.4.3. any outstanding compliance and compensation issues
are resolved or preserved to the satisfaction of the City.
if it files
icant
ll
previous three years:
led ml ter allyamisleading information informa on nnot be issued a �sa franch seor in the
application; or intentionally withheld information that the applicant lawfully is
required to provide.
1 .5. Compensation.
ct
le I of this
ordinance, every operator e only
a telecommunications t
ions facility tymu t in ltpay compensation
to the City equal to 10% of gross revenues.
1 .5.2. The City may accept or require compensation in-kind from an
operator of a telecommunications facility; provided, that, the City shall not accept
in-kind payments from any operator without providing other applicants that apply
or have applied within 12 months an opportunity to make an equivalent in-kind
payment.
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1.5.3. A reseller shall pay compensation to the City equal to 10% of
gross revenues.
1 .5.4. Gross revenues, for purposes of this Title II, includes all
revenue derived directly or indirectly by the operator or, in the case of a reseller, the
reseller; or derived directly or indirectly by their affiliates, subsidiaries, parent
companies, and any person in whom the operator or reseller has a financial interest,
or revenues received by the operator or reseller from a person with whom operator
or reseller has a revenue-producing agreement, from the provision of
telecommunications services via the telecommunications facility, which provision
shall be interpreted to include all services and ancillary equipment; provided,
however, that this term shall not include taxes imposed directly upon any
subscriber or user by the Federal, State, county, or other governmental unit and
required to be collected by the operator or reseller; provided that a
franchisee may deduct from its gross revenues, revenues received from a lessee
that holds a franchise under this ordinance, or a reseller, if that lessee or reseller
submits a certificate to the telecommunications operator stating that it has paid
the fees it owes the City for the applicable reporting period. Copies of the
certificate must be provided to the City.
1.5.5. The compensation paid by each provider shall be publicly
disclosed by the City.
1.6. Additional franchise requirements. In addition to satisfying the
requirement of Title I, every franchise shall specifically reserve the right to require a
franchisee to construct facilities or to make payments that may be required to
comply with any universal service plan the City may lawfully adopt; and to comply
with any lawful requirements to ensure continued quality of telecommunications
services, safeguard the right of consumers, or otherwise protect the public safety
and welfare.
TITLE III - SPECIAL RULES APPLICABLE TO
OPEN VIDEO SYSTEMS
SEC. 1 . APPLICATION FOR A FRANCHISE
1 .1. Contents of application for initial or renewal franchise . In order to
obtain an initial or renewal franchise, an operator of an open video system must
apply for a franchise. The application must contain the following information, and
such information as the City may from time to time require.
1 .1 .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.
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1 .1 .2. A proposal for construction of the open video system that sets
forth at least the following:
over the facility. 1 .1 .2.1 . A description of the services that are to be provided
ion of
sed
including a description of he mhilesooftpl plant to be ins alled,l�w t
here andaisltoybe sign,
located, and the size of facilities and equipment that will be located in, on, over, or
above the rights-of-way.
1 .1 .2.3. Identification of the area of the
the proposed system, i eluding a description of the proposed franchise se area'sto be served by
boundaries.
1 .1.3. 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
right-of-way usage, including information on the ability of the 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.
1 .1.4. A description, where appropriate, of how services will be
converted from existing facilities to new facilities, and what will be done with
existing facilities.
1 .1 .5. Proof, 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 franchise term. 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.
1 .1 .6 . Proof that applicant is technical)
ed to construct,
operate and repair the proposed facility. At a minimum the lapplicant must show
that it has experience or resources to ensure that work is to be performed
adequately, and can respond to emergencies during and after construction is
complete.
1 .1 .7. Proof that the applicant is legally qualified, which proof must
include a demonstration that the applicant:
1 .1 .7.1. has received, or is in a position to receive,
necessary authorizations from state and federal
authorities;
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1.1.7.2. has not engaged in conduct (fraud, racketeering,
violation of antitrust laws, consumer protection
laws, or similar laws) that allows City to conclude
the applicant cannot be relied upon to comply with
requirements of franchise, or provisions of this
title;
1.1 .7.3. was not a convicted vendor 36 months or fewer
prior to the date of the application pursuant to
Section 287, Florida Statutes, or was removed
from the convicted vendor list pursuant to Section
287.133;
1.1 .7.4. 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;
1.1 .8. An affidavit or declaration of the applicant or authorized officer
thereof certifying the truth and accuracy of the information in the application, and
certifying that the application meets all requirements of applicable law.
1.1 .9. Additional information regarding affiliates;presumptions. To
the extent that the applicant is in any respect relying on the financial or technical
resources of another person, including another affiliate, the proofs required 1 .1 .3-
1.1 .5 should be provided for that person. An applicant will be presumed to have
the requisite financial, or technical or legal qualifications to the extent such
qualifications have been reviewed and approved by a state agency of competent
jurisdiction; or if applicant is a holder of a franchise in the City for a cable system or
open video system, and conduct under such other franchise provides no basis for
additional investigation.
1 .2. Applications for transfer. An application for a transfer of a franchise
must contain same information required by Section 1 .1, except that, if the
transferor submitted an application under Section 1.1, to the extent information
provided by the transferor under Section 1 .1 .2 remains accurate, the transferee
may simply cross-reference the earlier application.
1 .3. City review. 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 application shall be
promptly reviewed and shall be granted if the City finds that:
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1 .3.1 . The applicant has the qualifications to construct, operate and
repair 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 under Section 1.1 .5.2, by virtue of the
particular circumstances surrounding the matter and the steps taken by the
applicant to cure all harms flowing therefrom 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 franchisee has no plans for constructing a system within the entire
area for which the franchise is sought.
he
its proposed system.TTh spsection shall not be ead�toaauthorize the City toe City to
exercise authority it does not otherwise have under applicable law.
1 .3.3. The applicant enters into a franchise agreement and complies
with any conditions precedent to its effectiveness.
1 .3.4. In the case of a transfer, the City must also determine that:
1 .3.4.1. there will be no adverse effect on the public interest,
or the City's interest in the franchise;
1 .3.4.2. transferee agrees to be bound by all the conditions of
the franchise and to assume all the obligations of its predecessor; and
1 .3.4.3. any outstanding compliance and compensation issues
are resolved or preserved to the satisfaction of the City.
1 .3.5. An applicant shall not be issued a franchise if it files or in the
previous three years: filed materially misleading information in a franchise
application; or intentionally withheld information that the applicant lawfully is
required to provide.
1 .4. Compensation. Every operator of an open video system shall pay
compensation to the City as follows:
1 .4.1. To the extent that the system is used to provide cable
services: a percentage of gross revenues (as that term is defined in Title IV) each
quarter equal to the gross revenue percentage paid by any cable operator for the
same quarter. In addition, unless a franchise agreement provides otherwise, an
open video system operator (1) shall pay to the City, at a time directed by the City,
an amount equal to the highest amount contributed by any cable operator under its
franchise for and in support of public, educational and government use (including
institutional network use) of its cable system; and (2) to the extent that a cable
operator is providing other support for public, educational or governmental use, the
! 32 ORDINANCE NO.
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operator must duplicate that support within a time and in a manner directed by the
City, or provide a cash equivalent acceptable to the City. In applying this section, A the City shall ensure that the obligations borne by the open video system operator
are no greater or lesser than the obligation imposed upon the cable operator
providing the greatest benefits to the community. The compensation required
under this section or specified in a franchise shall increase as the compensation
that a cable operator is required to provide (in cash and in other forms) increases.
1 .4.2. To the extent that the open video system is used for the
provision of telecommunications services, the open video system operator shall pay
the fee required by Title II.
1 .5. Customer Service Standard Certification. An open video system 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 - City of
Dania" for so long as it complies with those requirements.
TITLE IV - SPECIAL RULES APPLICABLE TO CABLE
TELEVISION SYSTEMS
SEC. 1 .
1 .1 . Access Chanel means any capacity on a cable system set aside by a
Franchisee for public, educational, or governmental use.
1 .2. Basic Cable Service or Basic Service means any Service Tier that
includes the retransmission of local television broadcast signals.
1 .3. Cable Act means the Cable Communications Policy Act of 1984,
47 U.S.C. §§ 521 et sea., as amended by the Cable Television Consumer
Protection and Competition Act of 1992, as further amended by the
Telecommunications Act of 1996, as further amended from time to time.
1 .4. Equitable Price means Fair Market Value adjusted downward for the
harm to the City or subscribers, if any, resulting from a Franchisee's breach of its
Franchise Agreement or violation of this Ordinance and as further adjusted to
account for other equitable factors that may be considered consistent with 47
U.S.C. § 547.
1 .5. Fair Market Value means the price for the cable system valued as a
going concern but with no value allocated to the Franchise itself.
1 .6. Governmental Access Channel means any capacity on a cable system
set aside by a Franchisee for government use.
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1 .7. Gross Revenues means any and all cash or other consideration of any
cable operator of a cable system in any way derived from the operation of that
cable system to provide cable services in the franchise area. Gross Revenues
include, by way of illustration and not limitation, monthly fees charged subscribers
for any basic, optional, premium, per-channel, or per-program service; installation,
disconnection, reconnection, and change-in-service fees; leased channel fees; late
fees and administrative fees; revenues received from programmers for carriage of
programming on the cable system; revenues from rentals or sales of converters or
other equipment; advertising revenues; revenues from program guides; and
revenues from home shopping channels. This provision shall be read broadly to
prevent the avoidance of franchise fees by a cable operator through arrangements
with affiliates. Gross revenues shall not include any taxes on services furnished by
a Franchisee which are imposed directly on any subscriber or user by the state,
City, or other governmental unit and which are collected by a Franchisee on behalf
of said governmental unit.
1.8. Non-Cable Service means any service that is authorized to be
distributed over the cable system, other than a Cable Service, and may include, but
not be limited to, transmission of voice, data or interactive video.
1 .9. Public Access Channel means any capacity on a cable system set aside
by a Franchisee for use by the general public, including groups and individuals, and
which is available for such use on a non-discriminatory basis.
1 .10. Service Tier means a package of two or more cable services for which
a separate charge is made by the franchisee, other than a package of premium and
pay-per-view services that is not subject to rate regulation under the Cable Act and
applicable FCC regulations because those services are also sold on a true a la carte
basis.
1 .1 1 . Subscriber means the City, any government entity or any person who
legally receives any cable service from a cable operator delivered over that cable
operator's cable system.
1 .12. User means a person or the City utilizing a channel, capacity or
equipment and facilities for purposes of producing or transmitting material, as
contrasted with the receipt thereof in the capacity of a Subscriber.
SEC. 2. NO EXCLUSIVITY
A franchisee may not require a subscriber or a building owner or
manager to enter into an exclusive contract as a condition of providing or
continuing service. However, nothing herein prevents a franchisee from entering
into an otherwise lawful, mutually desired exclusive arrangement with a building
owner or manager of a multiple dwelling unit or commercial Subscriber.
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SEC. 3. RELATION TO 47 U.S.C. § § 545-546.
This Title IV shall be read and applied so that it is consistent with the
Sections 625 and 626 of the Cable Act, 47 U.S.C. § § 545-546.
SEC. 4. APPLICATIONS FOR GRANT, RENEWAL OR MODIFICATION OF
FRANCHISE
4.1 . Written Application
an initial franchise; (2) renewal ofa franchon ise ealunderl be ll47 U.S.C. §ed with the 646()-for(g); or (3)of
modification of a franchise agreement pursuant to this Ordinance or a franchise
agreement. A request for renewal may also be filed informally, pursuant to 47
U.S.C. § 546(h), as provided in Section 4.5.
4.2. Contents of Applications. A request for proposals for a franchise,
including for a renewal franchise under 47 U.S.C. § 546(c), shall require, and any
application submitted pursuant to this Section 4.1 (and expressly not an informal
renewal application submitted pursuant to 47 U.S.C. § 546(h)) shall contain, at a
minimum, the following information:
4.2.1. Identity of the applicant; the persons who exercise working
control over the applicant; and the persons who control those persons, to the
ultimate parent.
4.2.2. Identification of the area of the City to be served by the
proposed cable system, including a description of the proposed franchise area's
boundaries.
4.2.3. A detailed description of the physical facilities proposed, which
shall include at least the following:
4.2.3.1 . A description of the channel capacity, technical
design, performance characteristics, headend, access (and ins
titutional
network)and equipment.
and
including a description of he mhilesooftplant to be ins alled,ion of roosed facl�where to s'Itoybe sign,
located, and the size of facilities and equipment that will be located in, on, over, or
above the rights-of-way.
of the manner
the sstem will
be installed, and the time required to co�nstr ct the systems nd'ch the expected effect
on right-of-way usage, including information on the ability of the 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.
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4.2.3.4. A description, where appropriate, of how services will
be converted from existing facilities to new facilities, and what will be done with
existing facilities.
4.2.4. A demonstration of how the applicant will reasonably meet the
future cable-related needs and interests of the community, including descriptions of
the capacity, facilities and support for public, educational, and governmental use of
the cable system (including institutional networks) applicant proposes to provide
and why applicant believes that the proposal is adequate to meet the future cable-
related needs and interests of the community.
4.2.5. A demonstration of the financial qualifications of the applicant,
including at least the following:
4.2.5.1 . The proposed rate structure, including projected
charges for each service tier, installation, converters, and all other proposed
equipment or services;
4.2.5.2. A statement prepared by a certified public accountant
regarding the applicant's financial ability to complete the construction and operation
of the cable system proposed; and
4.2.5.3. Pro forma financial projections for the proposed
franchise term, including a statement of projected income, and a schedule of
planned capital additions, with all significant assumptions explained in notes or
supporting schedules.
4.2.6. A demonstration of the applicant's technical ability to
construct and/or operate the proposed cable system;
4.2.7. Proof that the applicant is legally qualified, which proof must
include a demonstration that the applicant:
4.2.7.1 . has received, or is in a position to receive,
necessary authorizations from state and federal
authorities;
4.2.7.2. has not engaged in conduct (fraud, racketeering,
violation of antitrust laws, consumer protection
laws, or similar laws) that allows City to conclude
the applicant cannot be relied upon to comply with
requirements of franchise, or provisions of this
title;
4.2.7.3. was not a convicted vendor 36 months or fewer
prior to the date of the application pursuant to
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Section 287, Florida Statutes, or was removed
from the convicted vendor list pursuant to Section
287.133;
4.2.7.4. 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 facilities;
and has not entered into any agreement that would
prevent it from doing so; and
4.2.7.5. the applicant must not have submitted an
application for an initial or renewal franchise to the
City, which was denied on the ground that the
applicant failed to propose a cable system meeting
the cable-related needs and interests of the
community, or as to which any challenges to such
franchising decision were finally resolved (including
any appeals) adversely to the applicant, within
three (3) years preceding the submission of the
application.
The City shall provide a reasonable opportunity to an applicant to show that it
would be inappropriate to deny it a franchise under Section 4.2.7.2, by virtue of
the particular circumstances surrounding the matter and the steps taken by the
applicant to cure all harms flowing therefrom and prevent their recurrence, the lack
of involvement of the applicant's principals, or the remoteness of the matter from
the operation of telecommunications facilities.
4.2.8. To the extent that the applicant is in any respect relying on the
financial or technical resources of another person, including another affiliate, the
proofs required 4.2.5 - 4.2.6 should be provided for that person.
4.2.9. A description of the applicant's prior experience in cable
system ownership, construction, and operation, and identification of cities and
counties in Florida in which the applicant or any of its principals have a cable
franchise or any interest therein, provided that an applicant that holds a franchise
for the City and is seeking renewal of that franchise need only provide this
information for other cities and counties in Florida where its franchise is scheduled
to expire during the 12-month period prior to the date its application is submitted
to the City and for other cities and counties in Florida where its franchise had been
scheduled to expire during the 12-month period after the date its application is
submitted to the City. If an applicant has no other franchise in Florida, it shall
provide the information for its operations in other states.
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4.2.10. An affidavit or declaration of the applicant or authorized
officer thereof certifying the truth and accuracy of the information in the
application, and certifying that the application meets all requirements of applicable
law.
4.3. Procedure for applying for grant of a franchise, other than a Cable Act
renewal franchise.
4.3.1 . A person may apply for a franchise in response to a request for
proposals ("RFP") issued by the City. Any response to an RFP shall contain the
information required by Section 4.2, and such other information as the RFP may
require, and must be submitted in accordance with the restrictions in the RFP. A
properly filed response to an RFP shall be evaluated in accordance with Section
4.3.3. The City may conduct such investigations from time to time as may be
appropriate to establish RFP requirements.
4.3.2. Notwithstanding the provisions of Section 4.3.1 , a person may
apply for an initial franchise by submitting an unsolicited application containing the
information required in Section 4.2 and requesting an evaluation of that application
pursuant to Section 4.3.3. Prior to evaluating that application, the City may
conduct such investigations as are necessary to determine whether the application
satisfies the standards set forth in Section 4.3.3, including by commencing a
proceeding to identify the future cable-related needs and interests of the
community. It also may seek additional applications prior to evaluating the
application. An applicant for an initial franchise shall be provided an opportunity to
amend its application in light of the result of any investigation conducted by the
City, prior to evaluation of that application pursuant to Section 4.3.3.
4.3.3. In evaluating an application for a franchise, the City shall
consider, among other things, the following factors:
4.3.3.1 . The extent to which the applicant has substantially
complied with the applicable law and the material terms of any existing cable
franchise for the City;
4.3.3.2. Whether the quality of the applicant's service under
any existing franchise in the City, including signal quality, response to customer
complaints, billing practices, and the like, has been reasonable in light of the needs
and interests of the communities served;
4.3.3.3. Whether the applicant has the financial, technical, and
legal qualifications to hold a cable franchise;
4.3.3.4. Whether the application satisfies any minimum
requirements established by the City under this title or in the RFP or and is
otherwise reasonable to meet the future cable-related needs and interests of the
community, taking into account the cost of meeting such needs and interests;
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4.3.3.5. Whether, to the extent not considered as part of
Section 4.3.3.4, the applicant will provide adequate public, educational, and
governmental use capacity, facilities, or financial support;
4.3.3.6. Whether issuance of a franchise is in the public
interest considering the immediate and future effect on the rights-of-way and
private property that would be used by the cable 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 rights-of-way; and
the comparative superiority or inferiority of competing applications; and
4.3.3.7. Whether the approval of the application may eliminate
or reduce competition in the delivery of cable service in the City.
4.3.4. If the City finds that it is in the public interest to issue a
franchise considering the factors set forth above, and subject to the applicant's
entry into an appropriate franchise agreement, it shall issue a franchise. If the City
denies a franchise, it will issue a written decision explaining why the franchise was
denied. Prior to deciding whether or not to issue a franchise, the City shall hold
one or more public hearings or implement other procedures under which comments
from the public on an application may be received as required by state or federal
statute. The City also may grant a franchise based on its review of an application
without further proceedings and may reject any application that is incomplete or
fails to respond to an RFP.
4.4. Procedure for applying for grant of a Cable Act renewal franchise.
Requests for renewal under the Cable Act shall be received and reviewed in a
manner consistent with Section 626 of the Cable Act, 47 U.S.C. § 546. It is the
proposal submitted by a franchisee under 47 U.S.C. § 546(b), and not the request
for commencement of the renewal proceedings submitted under 47 U.S.C.
9546(a), that must contain the information required under Section 4.2. If neither a
franchisee nor the City activates in a timely manner, or can activate the renewal
process set forth in 47 U.S.C. § 546(a)-(g) (including, for example, if the provisions
are repealed), and except as to applications submitted pursuant to 47 U.S.C. §
546(h), the provisions of Section 4.3 shall apply and a renewal request shall be
evaluated using the same criteria as any other request for a franchise. The
following requirements shall apply to renewal requests properly submitted pursuant
to the Cable Act:
4.4.1 . If the provisions of 47 U.S.C. § 546(a)-(g) are properly
invoked, the City shall issue an RFP after conducting a proceeding to review the
franchisee's past performance and to identify future cable-related community needs
and interests. The City shall make available for review by a franchisee the results
of the City's review and ascertainment proceedings. The City shall establish
deadlines and procedures for responding to the RFP, may seek additional
information from the franchisee related to the City's evaluation of the proposal
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given the standards for review of that proposal under applicable law, and shall
establish deadlines for the submission of that additional information. Following
receipt of the application responding to that RFP (and such additional information as
may be provided in response to requests), the City Commission will determine that
the franchise should be renewed, or make a preliminary assessment that the
franchise should not be renewed in accordance with the provisions of the Cable Act
applicable to that preliminary decision. The preliminary determination shall be
made by resolution. If the City Commission determines that the franchise should
not be renewed, and the franchisee notifies the City, either in its RFP response or
within thirty (30) business days of the preliminary assessment, that it wishes to
pursue any rights to an administrative proceeding it has under the Cable Act, then
the City shall commence an administrative proceeding after providing prompt public
notice thereof, in accordance with the Cable Act. If the City Commission decides
preliminarily to grant renewal, it shall prepare a final franchise agreement that
incorporates, as appropriate, the commitments made by the franchisee in the
application. If the franchisee accepts the franchise agreement, and the final
agreement is ratified by the City Commission, the franchise shall be renewed. If
the franchise agreement is not so accepted and ratified within the time limits
established by 47 U.S.C. § 546(c)(1), renewal shall be deemed preliminarily denied,
and an administrative proceeding commenced if the franchisee requests it within
thirty (30) business days of the expiration of the time limit established by 47
U.S.C. § 546(c)(1), unless the time limit is extended by mutual agreement of the
City and the franchisee.
4.4.2. If an administrative hearing is commenced pursuant to 47
U.S.C. § 546(c), the franchisee's application shall be evaluated considering such
matters as may be considered consistent with federal law. The following
procedures shall apply:
4.4.2.8. The proceeding shall be conducted with all deliberate
speed in accordance with such lawful procedures as the City may adopt by
resolution.
4.4.2.9. The City Commission may appoint an administrative
hearing officer or officers or may conduct the administrative hearing itself. The
entity that will conduct the administrative hearing is referred to as "hearing officer."
4.4.2.10. The hearing officer shall establish a schedule for
proceeding. The hearing officer shall have the authority to require the production of
evidence from any person as the interests of justice may require. Any order
regarding the production of evidence may be enforced by a court of competent
jurisdiction or by imposing appropriate sanctions in the administrative hearing.
4.4.2.11 . The hearing officer may conduct a prehearing
conference and establish appropriate prehearing orders. Intervention by non-
parties is not authorized except to the extent required by the Cable Act.
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4.4.2.12. The hearing officer shall require the City and the
franchisee to submit prepared testimony prior to the hearing. Unless the parties
agree otherwise, the franchisee shall present evidence first, and the City shall
present evidence second.
4.4.2.13. Any reports or the transcript or summary of any
proceedings conducted pursuant to 47 U.S.C. § 546(a) shall be, for purposes of
the administrative hearing, regarded no differently than any other evidence. The
City and the franchisee shall be afforded fair opportunity for full participation in the
proceeding, including the right to introduce evidence (including evidence related to
issues raised in the proceeding under subsection 47 U.S.C. §546(a)), to require the
production of evidence, and to question witnesses.
4.4.2.14. Following completion of any hearing, the hearing
officer shall require the parties to submit proposed findings of fact with respect to
the matters that the City is entitled to consider in determining whether renewal
ought to be granted. Based on the entire record of the administrative hearing, the
hearing officer shall then prepare written findings, and submit those findings to the
City Commission and to the parties (unless the hearing officer is the City
Commission, in which case the written findings shall constitute the final decision of
the City).
4.4.2.15. If the hearing officer is not the City Commission, the
parties shall have thirty (30) days from the date the findings are submitted to the
City Commission to file exceptions to those findings. The City Commission shall
thereafter issue a written decision granting or denying the application for renewal,
consistent with the requirements of the Cable Act and based on the record of such
proceeding. A copy of the final decision of the City Commission shall be provided
promptly to the applicant.
4.5. Informal applications for renewal. Notwithstanding the above, a cable
operator may submit a proposal for renewal of a franchise pursuant to 47 U.S.C.
§ 546(h) at any time, and the City may, after affording the public adequate notice
and opportunity for comment, grant or deny such proposal. An application shall
not be granted unless the City determines that it is in the public interest to do so;
an application may be denied for any reason, without prejudice to the applicant's
right to seek renewal under other provisions of this Section 4.
4.6. Application for modification of a franchise.
4.6.1 . An application for modification of a franchise agreement shall
include, at minimum, the following information:
4.6.1 .1 . The specific modification requested;
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4.6.1 .2. The justification for the requested modification,
including the impact of the requested modification on Subscribers and others, and
the financial impact on the applicant if the modification is approved or disapproved,
demonstrated through, inter alia, submission of pro forma financial statements.
4.6.1 .3. A statement indicating 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;
4.6.1 .4. Any other information that the applicant believes is
necessary for the City to make an informed determination on the application for
modification; and
4.6.1 .5. An affidavit or declaration of the applicant or
applicant's authorized officer certifying the truth and accuracy of the information in
the application, and certifying that the application is consistent with the
requirements of applicable law.
4.6.2. A request for modification submitted pursuant to 47 U.S.C.
§545 shall be considered in accordance with the requirements of that section.
4.7. Public hearings An applicant shall be notified of any public hearings
held in connection with the evaluation of its application and shall be given a
reasonable opportunity to be heard. In addition, prior to the issuance of a
franchise, the City shall provide for the holding of a public hearing within the
proposed franchise area, following notice to the public, at which each applicant and
its application shall be examined and the public and all interested parties afforded a
reasonable opportunity to be heard.
SEC. 5. CONSTRUCTION PROVISIONS
5.1 . System construction schedule. Every franchise agreement shall specify
the construction schedule that will apply to any required construction, upgrade, or
rebuild of the cable system. The schedule shall provide for prompt completion of
the project, considering the amount and type of construction required.
5.2. Use of franchisee facilities. The City shall have the right to install and
maintain free of charge upon any poles or in any conduit owned by a franchisee any
wire and pole fixtures that do not unreasonably interfere with the cable system
operations of the franchisee. Provided that, if the City uses a franchisee's conduit
or poles to install a cable system that competes with that franchisee in the
provision of Cable Service to residential Subscribers, the franchise agreement may
provide that the franchisee may charge the City a fair market rate pursuant to that
franchise agreement. Franchisee shall notify the City when it enters into an
agreement for use of its poles and conduits. Copies of agreements for use of
franchisee's conduits or poles in the Public Rights-of-Way or on other public
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property shall be available for review upon the City's request. A franchise
agreement may include a provision under which the City shall indemnify, defend
and hold a franchisee harmless for all claims arising out of the City's use of that
franchisee's poles and conduits where the franchisee and the City do not have a
joint pole or conduit use agreement.
5.3. Provision of Service/Quality of Service. In addition to satisfying such
requirements as may be established in a franchise, every cable system shall be
subject to the following conditions, except as prohibited by federal law:
5.3.1 . It is the policy of the City to ensure that every franchisee
provide service in the franchise area upon request to any person or any government
building. Each franchisee shall extend service upon request within its franchise
Area, provided that, a franchise agreement may permit a franchisee to require a
potential subscriber to contribute a fair share of the capital costs of installation or
extension as a condition of extension or installation in cases where such extension
or installation may be unduly expensive. Service must be provided within time
limits specified in Section 5.3.2.
5.3.2. Except as a franchise agreement otherwise provides, a
franchisee must extend service to any person or to any government building in the
franchise area which requests it (i) within seven (7) days of the request, where
service can be provided by activating or installing a drop; (ii) within ninety (90) days
of the request where an extension of one-half mile or less is required; or (iii) within
ix months where an extension of one-half mile or more is required. Provided that,
in cases where a franchise agreement permits a franchisee to require a potential
subscriber to bear a share of extension or installation costs, and franchisee requires
the potential subscriber to bear such costs, the time for extension shall be
measured from the date the subscriber agrees to bear such costs or, if a franchisee
requires prepayment of all or a portion of the estimated costs, from the date the
prepayment is made. A franchisee that requires a potential subscriber to bear a
portion of installation or extension costs must prepare a written estimate of
extension costs within seven days of a request for an installation or extension that
would be subject to cost-sharing.
5.3.3. Any cable system within the City shall meet or exceed the
technical standards set forth in 47 C.F.R. § 76.601 and any other applicable
technical standards.
5.3.4. A franchisee shall perform all tests necessary to demonstrate
compliance with the requirements of the franchise agreement and other technical
and performance standards established by applicable law. Unless a franchise
agreement or applicable law provides otherwise, all tests shall be conducted in
accordance with federal rules and in accordance with the most recent edition of
National Cable Television Association's "Recommended Practices for Measurements
on Cable Television Systems," or such other manual as may be directed under FCC
regulations. A written report of any test results shall be filed with the City within
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seven (7) days of a request by the City. If a location fails to meet technical or
performance specifications, the franchisee, without requirement of additional notice
or request from City, shall promptly take corrective action, and retest the
locations.
5.3.5. Every cable system and every cable operator shall be required
to interconnect with every other cable system and cable operator within the City on
fair and reasonable terms for purposes of providing PEG and I-Net services.
5.4. System maintenance.
Scheduled maintenance shall be performed so as to minimize the effect of
any necessary interruptions of cable service.
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5.5. Continuity of service.
Each franchise agreement shall, during the term of the franchise, ensure that
subscribers are able to receive continuous service and that, in the event the
franchise is revoked or terminated, the franchisee may be obligated to continue to
provide service for a reasonable period to assure an orderly transition of service
from the franchisee to another entity.
SEC. 6. OPERATION AND REPORTING PROVISIONS
6.1 . Communication with regulatory agencies. If requested by the City, a
franchisee shall file with the City all reports required by the FCC including, without
limitation, any proof of performance tests and results, Equal Employment
Opportunity ("EEO") reports, and all petitions, applications, and communications of
all types directly related to the cable system, or a group of cable systems of which
the franchisee's cable system is a part, submitted or received by the franchisee, an
affiliate, or any other person on the behalf of the franchisee, either to or from the
FCC, the Security and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction over any matter affecting
operation of the franchisee's cable system. Provided that, nothing herein requires
the franchisee to produce regulatory or court filings that are treated by the agency
or court as confidential, such as Hart-Scott-Rodino Act filings. Nothing in this
Section 6.1 affects any rights the City may have to obtain books and records under
Title I.
6.2. Reports.
6.2.1 . Within 45 days of the end of each calendar quarter, a
franchisee shall submit a report to the City containing the following information:
6.2.1 .1 . the number of service calls (calls requiring a truck roll)
received by type during the prior quarter, and the percentage of service calls
compared to the subscriber base by type of complaint; and
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6.2.1 .2. the number and type of outages known by the
franchisee for the prior quarter, identifying separately the following:
6.2.1 .3. each planned outage, the time it occurred, its duration,
and the estimated area and number of subscribers affected;
6.2.1 .4. each known unplanned outage, the time it occurred,
its estimated duration and the estimated area and the number of subscribers
affected, and if known, the cause;
6.2.1 .5. the total estimated hours of known outages as a
percentage of total hours of cable system operation. An outage is a loss of sound
or video on any signal, or a significant deterioration of any signal affecting two or
more subscribers; and
6.2.2. No later than ninety (90) days after the end of its fiscal year, a
franchisee shall submit a written report that shall contain such information as may
be required from time to time by the City, and at least the following, unless the
City waives the requirement:
6.2.2.1 . a summary of the previous year's activities in the
development of the cable system, including descriptions of services begun or
discontinued, the number of subscribers gained or lost for each category of cable
service;
6.2.2.2. a summary of complaints for which records are
required under Section 6.3.1, identifying both the number and nature of the
complaints received and an explanation of their dispositions;
6.2.2.3. a fully audited or certified revenue report from the
previous calendar year for the cable system.
6.2.2.4. an ownership report, indicating all persons who at the
time of filing control or own an interest in the franchisee of ten percent (10%) or
more;
6.2.2.5. a list of officers and members of the Board of
Directors of the franchisee and any affiliates directly involved in the operation or the
maintenance of the cable system;
6.2.2.6. an organizational chart showing all corporations or
partnerships with more than a ten (10) percent interest ownership in the
franchisee, and the nature of that ownership interest (limited partner, general
partner, preferred shareholder, etc.); and showing the same information for each
corporation or partnership that holds such an interest in the corporations or
partnerships so identified and so on until the ultimate corporate and partnership
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interests are identified;
6.2.2.7. an annual report of each entity identified in subsection
6.2.2.6 of this Section which issues an annual report;
6.2.2.8. a complete report on its plant. This plant report shall
state the physical miles of plant construction and plant in operation during the prior
calendar year categorized as aerial and underground, identify any cases where
subscribers contributed to plant extension, provide revisions to the cable system
maps filed with the City, and report the results of appropriate electronic
measurements to show conformity with FCC technical standards.
6.2.2.9. A report showing, for each cable customer service
standard in force, the franchisee's performance with respect to that standard for
each quarter of the preceding year. In each case where franchisee concludes it did
not comply fully, the franchisee will describe the corrective actions it is taking to
assure future compliance.
6.2.2.10. Notwithstanding the above, once the information
required by sections 6.2.2.4-.6 has been filed once, it need only be refiled if it
changes.
6.3. Records Required. A franchisee shall at all times maintain:
6.3.1 . Records of all complaints received with information sufficient
to allow the franchisee to prepare the reports required in this Section 6. The term
"complaints" as used herein and throughout this Ordinance refers to complaints
about any aspect of the cable system or franchisee's operations, including, without
limitation, complaints requiring service calls, and complaints about employee
courtesy, billing, prices, programming, outages and signal quality;
6.3.2. Records of outages known to the franchisee, with information
sufficient to allow a franchisee to prepare the reports required in this Section 6;
6.3.3. Records of service calls for repair and maintenance indicating
the date and time service was requested, the date of acknowledgment and date
and time service was scheduled (if it was scheduled), and the date and time service
was provided, and (if different) the date and time the problem was solved; and
6.3.4. Records of installation/reconnection and requests for service
extension, indicating date of request, date of acknowledgment, and the date and
time service was extended.
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j SEC. 7. RATE REGULATION AND CONSUMER PROTECTION
7.1. Scope and applicability. The City reserves all rights to implement and
impose regulation of a franchisee's rates and charges to the maximum extent
permitted by law, and may do so by amendment to this Ordinance, by separate
ordinance, by amendment to a franchise agreement, or in any other lawful manner.
7.2. Rate regulation procedures. Rate regulation shall be performed in
accordance with the rules and regulations of the FCC. The responsible City
Manager may take any required steps to file complaints, toll rates, issue accounting
orders or take any other steps required to comply with FCC regulations. The City
Commission shall be responsible for issuing final rate orders that establish rates or
order refunds. No rate may be put into effect without the prior review and approval
of the City, except as federal law may otherwise require.
7.3. Rate discrimination prohibited. Except to the extent the City may not
enforce such a requirement, a franchisee is prohibited from discriminating in its
rates or charges or from granting undue preferences to any subscriber, potential
subscriber, or group of subscribers or potential subscribers; provided, however, that
a franchisee may offer temporary, bona fide promotional discounts in order to
attract or maintain subscribers, so long as such discounts are offered on a non-
discriminatory basis to similar classes of subscribers throughout the franchise area;
and a franchisee may offer discounts for the elderly, the disabled, or the
economically disadvantaged; and such other discounts as it is expressly entitled to
provide under federal law, if such discounts are applied in a uniform and consistent
manner. A franchisee shall comply at all times with all applicable federal, state,
and City laws, and all executive and administrative orders relating to non-
discrimination.
7.4. Cable Consumer Protection Standards. Each franchisee must satisfy
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.
SEC. 8. FRANCHISE FEE
8.1 . Amount of Franchise Fee. A franchisee shall pay to the City a
franchise fee in an amount equal to five percent (5%) of Gross Revenues.
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SEC. 9. TRANSFERS
9.1 . City Approval Required. No transfer shall occur without prior written
notice to and approval of the City Commission. Transfer without the prior written
approval of the City shall be considered to impair the City's assurance of due
performance. The granting of approval for a transfer in one instance shall not
render unnecessary approval of any subsequent transfer.
9.2. Application.
9.2.1. The franchisee shall promptly notify the City of any proposed
transfer. If any transfer should take place without prior notice to the City, the
franchisee will promptly notify the City that such a transfer has occurred.
9.2.2. At least 120 calendar days prior to the contemplated effective
date of a transfer, the franchisee shall submit to the City an application for approval
of the transfer. Such an application 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 service. At a minimum, 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:
9.2.2.1 . all information and forms required under federal law or
the equivalent of such forms if no longer required by federal law;
9.2.2.2. all information required in Sections 4.2.1, and 4.2.5-
4.2.10 of this Ordinance;
9.2.2.3. any contracts or other documents that relate to the
proposed transaction, and all documents, schedules, exhibits, or the like referred to
therein;
9.2.2.4. any shareholder reports or filings with the Securities
and Exchange Commission ("SEC") that discuss the transaction;
9.2.2.5. other information necessary to provide a complete
and accurate understanding of the financial position of the cable system before and
after the proposed Transfer;
9.2.2.6. complete information regarding any potential impact of
the Transfer on Subscriber rates and service;
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9.2.2.7. a brief summary of the proposed transferee's plans for
at least the next five years regarding line extension, plant and equipment upgrades,
channel capacity, expansion or elimination of services, and any other changes
affecting or enhancing the performance of the cable system.
9.2.3. For the purposes of determining whether it shall consent to a
transfer, the City or its agents may inquire into all qualifications of the prospective
transferee and such other matters as the City may deem necessary to determine
whether the transfer is in the public interest and should be approved, denied, or
conditioned as provided under Section 9.3. The franchisee and any prospective
transferees shall assist the City in any such inquiry, and if they fail to do so, the
request for transfer may be denied.
9.3. Determination by City
In making a determination as to whether to grant, deny, or grant subject to
conditions an application for a Transfer of a franchise, the City shall consider the
legal, financial, and technical qualifications of the transferee to operate the cable
system; any potential impact of the transfer on subscriber rates or services;
whether the incumbent cable operator is in compliance with its franchise agreement
and this Ordinance and, if not, the proposed transferee's commitment to cure such
noncompliance; whether the transferee owns or controls any other cable system in
the City, and whether operation by the transferee may eliminate or reduce
competition in the delivery of cable service in the City; and whether operation by
the transferee or approval of the Transfer would adversely affect subscribers, the
public, or the City's interest under this Ordinance, the franchise agreement, or other
applicable law.
9.4. Transferee's Agreement. No application for a transfer of a franchise
shall be granted unless the transferee agrees in writing that it will abide by and
accept all terms of this Ordinance and the franchise agreement, and that it will
assume the obligations, liabilities, and responsibility for all acts and omissions,
known and unknown, of the previous franchisee under this Ordinance and the
franchise agreement for all purposes, including renewal, unless the City, in its sole
discretion, expressly waives this requirement in whole or in part.
9.5. Approval Does Not Constitute Waiver. 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 Ordinance or a franchise agreement, whether arising before or
after the date of the transfer.
9.6. Exception for intra-company transfers. Notwithstanding the foregoing,
a franchise agreement may provide that transfers to affiliates of a franchisee shall
be excepted from the requirements of Section where the is
wholly-owned and managed by an entity that l guarantee'the pef or�
wil liate
mance under
a franchise agreement; and (2) the transferee affiliate:
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9.6.1 . notifies the City of the transfer at least 60 days before it
occurs and, at that time provides the agreements and warranties required by this
Section 9, describes the nature of the transfer, and submits complete information
describing who will have direct and indirect ownership and control of the cable
system after the transfer;
9.6.2. warrants that it has read, accepts and agrees to be bound by
each and every term of the franchise and related amendment, regulations,
ordinances and resolutions then in effect;
9.6.3. agrees to assume all responsibility for all liabilities, acts and
omissions known and unknown of its predecessor franchisees for all purposes,
including renewal;
9.6.4. agrees that the transfer shall not permit it to take any position
or exercise any right which could not have been exercised by its predecessor
franchisees;
9.6.5. warrants that the transfer will not substantially increase the
financial burdens upon or substantially diminish the financial resources available to
the franchisee (the warranty to be based on comparing the burdens upon and
resources that will be available to the transferee compared to its predecessors), or
otherwise adversely affect the ability of the franchisee to perform; and
9.6.6. warrants that the transfer will not in any way adversely affect
the City or subscribers (including by increasing rates);
9.6.7. notifies the City that the transfer is complete within five (5)
business days of the date the transfer is complete; and
9.6.8. agrees that the transfer in no way affects any evaluation of its
legal, financial or technical qualifications that may occur under the franchise or
applicable law after the transfer, and does not directly or indirectly authorize any
additional transfers.
SEC. 10. CONNECTIONS TO CABLE SYSTEM; USE OF ANTENNAE
10.1 . Subscriber right to attach. To the extent consistent with federal law,
subscribers shall have the right to attach VCR's, receivers, and other terminal
equipment to a franchisee's cable system. Subscribers also shall have the right to
use their own remote control devices and converters, and other similar equipment.
10.2. Removal of existing antennae. A franchisee shall not, as a condition
of providing service, require a subscriber or potential subscriber to remove any
existing antenna, or disconnect an antenna except at the express direction of the
subscriber or potential subscriber, provided that such antenna is connected with an
appropriate device and complies with applicable law.
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TITLE V -PRIVATE COMMUNICATIONS FACILITIES
SEC. 1 . APPLICATION FOR LICENSE. A person wishing to construct, emplace,
operate, replace, reconstruct, or maintain a private communications system must
obtain a license therefor. The license shall only authorize placement of the system
in a specific portion of the public right-of-way for a limited and specific purpose in
connection with the person's business but not encompassing in whole or in part the
carriage of telecommunications for hire in the public right-of-way, and for a limited
period of time. Such application must be in the form provided for by regulation and
must be accompanied by a filing fee, the amount of which must be fixed by
regulation, promulgated from time-to-time by the City.
SEC. 2. CONDITIONS OF LICENSE. Any license shall be subject to such
conditions as the City may from time to time establish, shall be expressly
subordinate to the use of the rights-of-way by operators of communications
facilities, and shall otherwise conform to the requirements of this ordinance.
Subject to the foregoing, the provisions of Title 1 , Sections 4.1 - 4.6 shall apply to
a private communications system as if it were a communications facility.
SEC. 3. COMPENSATION. The owner of a private communications facility shall
pay, in addition to the annual occupancy fee, a fee established by the City from
time to time to reflect the fair market value of the property used.
TITLE VI -- MISCELLANEOUS
SEC. 1 . CAPTIONS. The captions to sections throughout this Ordinance are
intended solely to facilitate reading and reference to the sections and provisions of
this Ordinance. Such captions shall not affect the meaning or interpretation of this
Ordinance.
SEC. 2. CALCULATION OF TIME. Unless otherwise indicated, when the
performance or doing of any act, duty, matter, or payment is required under this
Ordinance or any franchise agreement, and a period of time or duration for the
fulfillment of doing thereof is prescribed and is fixed herein, the time shall be
computed so as to exclude the first and include the last day of the prescribed or
fixed period of duration time.
SEC. 3. SEVERABILITY. If any term, condition, or provision of this Ordinance
shall, to any extent, be held to be invalid or unenforceable, the remainder hereof
shall be valid in all other respects and continue to be effective. In the event of a
subsequent change in applicable law so that the provision which had been held
invalid is no longer invalid, said provision shall thereupon return to full force and
effect without further action by the City and shall thereafter be binding on the
franchisee and the City.
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SEC. 4. EFFECTIVE DATE. The provisions of this ordinance shall be effective
thirty (30) days from and after the date of its adoption.
CABLE CUSTOMER SERVICE STANDARDS
SEC. 1 . STANDARDS
1 .1 . Telephone and Office Availability.
1 .1.1 . Each franchisee shall maintain an office at a convenient
location in the City that shall be open for walk-in traffic at least ten hours per day
(except legal holidays) Monday through Friday, with some evening hours, and at
least five hours on Saturday to allow Subscribers to pay bills, to drop off equipment
and to pick up standard analog converters. Each franchisee shall perform service
calls, installations, and disconnects at least ten hours per day Monday through
Saturday, except legal holidays provided that a franchisee shall respond to outages
twenty-four (24) hours a day, seven (7) days a week. Each franchisee shall
establish a publicly listed local toll-free telephone number. The phone must be
answered by customer service representatives at least ten hours per day, Monday
through Saturday, except legal holidays, for the purpose of receiving requests for
service, inquiries, and complaints from Subscribers. After such business hours the
phone shall be answered so that customers can register complaints and report
service problems on a twenty-four (24) hour per day, seven (7) day per week basis,
and so that the franchisee can respond to service outages as required herein.
Phones shall be answered in accordance with Section 1 .1 .2.
1 .1 .2. Telephone answering time shall not exceed thirty (30) seconds
or four (4) rings, and the time to transfer the call to a customer service
representative (including hold time) shall not exceed an additional thirty (30)
seconds. Under normal operating conditions, this standard shall be met ninety (90)
percent of the time, measured quarterly. Under normal operating conditions
customers will receive a busy signal less than three percent (3%) of the time.
When the business office is closed, an answering machine or service capable of
receiving and recording service complaints and inquiries shall be employed. The
after-hours answering service shall comply with the same telephone answer time
standard set forth in this Section 1 .1.2.
1 .2. Scheduling Work
1 .2.1 . All appointments for service, installation, or disconnection shall
be specified by date. Each franchisee shall specify a specific time at which the
work shall be done, or offer a choice of time blocks, which shall not exceed four (4)
hours in length. A franchisee may also, upon request, schedule service installation
calls outside normal business hours, for the express convenience of the customer.
If at any time an installer or technician is running late for an appointment and
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believes it will not be able to make a scheduled appointment time, an attempt to
contact the customer will be made prior to the time of appointment and the
appointment rescheduled at a time convenient to the customer, if rescheduling is
necessary. It is the operator's burden to prove it met the appointment.
1 .2.2. The franchisee shall offer and fully describe to Subscribers who
have experienced a missed appointment (where the missed appointment was not
the Subscriber's fault) that the Subscriber may choose between the following
options: installation or service call free of charge, if the appointment was for an
installation or service call for which a fee was to be charged; one (1) month of the
most widely subscribed to service tier free of charge if an installation or service call
was to have been provided free of charge; or one (1) month of such service free of
charge for other appointments.
1 .2.3. With regard to disabled or handicapped customers, upon
Subscriber request, each franchisee shall arrange for pickup and/or replacement of
converters or other franchisee equipment at the Subscriber's address or by a
satisfactory equivalent (such as the provision of a postage-prepaid mailer).
1 .2.4. Under normal operating conditions, requests for service, repair,
and maintenance must be acknowledged by a trained customer service
representative within twenty-four (24) hours, or prior to the end of the next
business day, whichever is earlier. A franchisee shall respond to all other inquiries
(including billing inquiries) within five (5) business days of the inquiry or complaint.
Under normal operating conditions, repairs and maintenance for outages or service
interruptions must be completed within twenty-four (24) hours after the outage or
interruption becomes known to franchisee where the franchisee has adequate
access to facilities to which it must have access in order to remedy the problem.
Under normal operating conditions, work to correct all other service problems must
be begun by the next business day after notification of the service problem, and
must be completed within five (5) business days from the date of the initial request.
When normal operating conditions do not exist, a franchisee shall complete the
work in the shortest time possible. The failure of the franchisee to hire sufficient
staff or to properly train its staff shall not justify a franchisee's failure to comply
with this provision.
1 .2.5. A franchisee shall not cancel a service or installation
appointment with a customer after the close of business on the business day
preceding the scheduled appointment.
1 .2.6. Under normal operating conditions, the standards of
paragraphs 1 .2.4 and 1 .2.5 of this section shall be met at least ninety-five (95)
percent of the time, measured on a quarterly basis.
1 .2.7. Under normal operating conditions, the installation time
standard in Title IV, Section 5.3.2 and below will be met no less than ninety five
(95) percent of the time measured on a quarterly basis:
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Requests for additional outlets, service upgrades or other
connections (e.g., DMX, VCR, A/B switch) separate from
the initial installation will be performed within seven (7)
business days after an order has been placed.
1 .3. Notice to Subscribers
1 .3.1 . A franchisee shall provide each Subscriber at the time service
is installed, clear and accurate written information: on placing a service call, filing a
complaint, or requesting an adjustment (including when a Subscriber is entitled to
refunds for outages and how to obtain them); showing the telephone number of the
City office responsible for administering the franchise; providing a schedule of rates
and charges, channel positions, services provided, a copy of the service contract,
delinquent Subscriber disconnect and reconnect procedures; notifying Subscribers
of the availability of parental control devices; and describing any other of the
franchisee's policies in connection with its Subscribers. The same information shall
be provided to the subscriber annually thereafter, except another copy of the
service contract need not be provided. Copies of the notices provided to the
Subscribers shall be provided to the City. Except as applicable federal, state and
local rate regulations may provide to the contrary, a franchisee shall provide the
Director of Communications at least sixty (60) days notice and all subscribers at
least thirty (30) days notice of any significant changes in the information required
to be provided under this Section 1.3. Such notice shall be made in writing.
1 .3.2. Each franchisee shall take appropriate steps to ensure that all
written franchisee promotional materials, announcements, and advertising of
residential Cable Service to Subscribers and the general public, where price
information is listed in any manner, clearly and accurately discloses price terms. In
the case of telephone orders, a franchisee shall take appropriate steps to ensure
that price terms are clearly and accurately disclosed to potential customers in
advance of taking the order.
1 .3.3. Each franchisee shall maintain a file open for public inspection
containing all notices provided to Subscribers under these customer service
standards, as well as all promotional offers made to Subscribers. The notices and
offers shall be kept in the file for at least one year from the date of such notice or
promotional offer.
1 .4. Interruptions of Service. A franchisee shall provide forty-eight (48)
hours prior notice to Subscribers and the City before interrupting service for
planned maintenance or construction; provided, however, that planned maintenance
that does not require more than two (2) hours' interruption of service and that
occurs between the hours of 12:00 midnight and 6:00 a.m. shall not require such
notice to Subscribers, and notice to the City must be given no less than twenty-
four (24) hours prior to the anticipated service interruption.
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1 .5. Billing.
1 .5.1 . A franchisee's first billing statement after a new installation or
service change shall be prorated as appropriate and shall reflect any security
deposit.
1 .5.2 A franchisee's billing statement must be clear, concise and
understandable, must itemize each category of service and equipment provided to
the Subscriber and must state clearly the charge therefor.
1 .5.3. A franchisee's billing statement must show a specific payment
due date not earlier than the later of (1) fifteen (15) days after the date the
statement is mailed; or (2) the fifteenth (15th) day of the thirty-day period in
which the service being billed is rendered. A late fee or administrative fee may not
be imposed for payments before the due date. Subscribers shall not be charged a
late fee or otherwise penalized for any failure by a franchisee, including failure to
timely or correctly bill the Subscriber, or failure to properly credit the Subscriber for
a payment timely made.
1 .5.4. A franchisee's bill must permit a Subscriber to remit payment
by mail or in person at the franchisee's local office.
1 .5.5. The account of any Subscriber shall be credited a prorated
share of the monthly charge for the service upon Subscriber request if a Subscriber
is without service or if service is substantially impaired for any reason for a period
exceeding four (4) hours during any twenty-four (24) hour period; or automatically
after November 1 , 1998 if the loss of service or impairment is for 24 hours or
longer; except where it can be documented that a Subscriber will obtain a refund
for a loss of service or impairment which was caused by the Subscriber or by
Subscriber-owned equipment (not including, for purposes of this Section, in-home
wiring installed by the franchisee).
1 .5.6. Franchisee shall respond to all written billing complaints from
Subscribers within thirty (30) days.
1 .5.7. Refunds to Subscribers shall be issued no later than (i1 the
earlier of the Subscriber's next billing cycle following resolution of the refund
request, or thirty (30) days; or (ii) the date of return of all equipment to franchisee,
if Cable Service has been terminated.
1 .5.8. Credits for Cable Service shall be issued no later than the
Subscriber's next billing cycle after the determination that the credit is warranted.
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1 .6. Disconnection/Downgrades.
1 .6.1 . A Subscriber may terminate service at any time.
1 .6.2. A franchisee shall promptly disconnect from the franchisee's
cable system or downgrade any Subscriber who so requests. No period of notice
prior to voluntary termination or downgrade of Cable Service may be required of
Subscribers by any franchisee. Charges for any voluntary disconnection, and any
downgrade charges shall conform to applicable law.
1.6.3. Any security deposit and/or other funds due a Subscriber that
disconnects or downgrades service shall be returned to the Subscriber within thirty
(30) days or in the next billing cycle, whichever is later, 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 shall be paid to subscribers within 30 days of the date the equipment was
recovered, or in the next billing cycle, whichever is later.
1 .6.4. A franchisee may not disconnect a Subscriber's Cable Service
for non-payment unless:
Service; 1 .6.4.1 . the Subscriber is delinquent in payment for Cable
1 .6.4.2. a separate, written notice of impending disconnection,
postage prepaid, has been sent to the Subscriber at least 20 days prior to the date
on which service may be disconnected, at the premises where the Subscriber
requests billing, which notice must state the date by which disconnection may
occur, and the amount the Subscriber must pay to avoid disconnection;
1.6.4.3. the Subscriber has failed to pay the amounts owed to
avoid disconnection by the date of disconnection; and
1 .6.4.4. no pending inquiry exists regarding the bill to which
franchisee has not responded in writing.
Payment is not delinquent until the fifteenth day of the month in which the
service being billed for is rendered; the notice required under (ii) may not be sent to
a Subscriber prior to the delinquency date. If the Subscriber pays all amounts due,
including late charges, before the date scheduled for disconnection, the franchisee
shall not disconnect service. After lawful disconnection (except in cases where
disconnection is also subject to 1.6.5, upon payment by the Subscriber in full of all
proper fees or charges, including the payment of the reconnection charge, if any,
the franchisee shall promptly reinstate service.
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1 .6.5. A franchisee may immediately disconnect a Subscriber if (i) the
Subscriber is damaging, destroying, or unlawfully tampering with or has damaged
or destroyed or unlawfully tampered with the franchisee's cable system; (ii) the
subscriber is not authorized to receive a service, and is facilitating, aiding or
abetting the unauthorized receipt of service by others; or (iii) subscriber-installed or
attached equipment is resulting in signal leakage which is in violation of FCC rules,
provided the Subscriber has failed to correct the leakage within three (3) business
days after receiving written notice of the problem from the franchisee. After
disconnection, the franchisee shall restore service after the Subscriber provides
adequate assurance that it has ceased the practices that led to disconnection, and
paid all proper fees and charges, including any reconnect fees and all amounts
owed the franchisee for damage to its cable system or equipment.
1 .6.6. Except as federal or state law may otherwise provide, a
franchisee may remove its property from a Subscriber's premises within thirty (30)
days of the termination of service. If a franchisee fails to remove its property in
that period, the property shall be deemed abandoned unless the franchisee has been
denied access to the Subscriber's premises, or the franchisee has a continuing right
to occupy the premises under federal or state statutes.
1 .7. Deposits A franchisee may require a reasonable, non-discriminatory
deposit on equipment provided to Subscribers. Deposits shall be placed in an
interest-bearing account, and the franchisee shall return the deposit, plus interest
earned to the date the deposit is returned to the Subscriber, less any amount the
franchisee can demonstrate should be deducted for damage to such equipment.
1 .8. Parental Control Option. Without limiting a franchisee's obligations
under federal law, a franchisee must provide parental control devices at no charge
to all Subscribers who request them that enable the Subscriber to block the video
and audio portion of any channel or channels of programming.
SEC. 2. RELATION TO OTHER STANDARDS
Nothing in these standards shall be read to relieve a cable operator of an
obligation to comply with federal, state or local consumer protection laws, to
relieve an operator of an obligation to comply with stricter cable customer service
standards, or to foreclose remedies that may be available to subscribers under
applicable law.
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PASSED AND ADOPTED on First Reading on the _day of
1997.
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PASSED AND ADOPTED on Second and Final Reading on the
day of , 1997.
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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THE END OF
JANUARY 21 , 1997
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