|Jefferson City Municipal Code|
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cable TV franchise
(Cr. #10-79) (Rep. & Recr. #15-97)
21.01 Short Title
21.02 Grant of Franchise
21.05 Termination or Expiration
21.06 Transfer Procedure
21.07 Franchise Territory
21.08 Subscriber Privacy
21.09 Technical Performance
21.10 Open Books and Records
21.11 Subscriber Service
21.12 Description of System
21.14 Conditions on Street Occupancy
21.16 Bond, Security Fund, and Remedies
21.17 Franchise Fee and Financial Reporting
21.18 City Rights
21.19 Waiver of Charges
21.21 Acceptance by Grantee
21.22 Incorporation of Amendments
21.23 Protection of Non-subscribers
21.24 Grantee Rules
21.25 Waiver of Objections
21.26 Grantee Without Recourse
21.27 Work Performed By Others
21.28 Contest of Validity
21.29 Customer Service Standards
CABLE TV FRANCHISE 21.01
21.02 GRANT OF FRANCHISE. This chapter allows the City of Jefferson to grant to a Franchise Grantee, its successors and assigns, a nonexclusive license to install, maintain and operate a cable television system for the distribution of television signals, frequency-modulated radio signals and any other electronic signals capable of being transmitted over a fiberoptic and/or coaxial cable network and closed circuit television programs for a term not to exceed 15 years, provided that the Franchise Grantee conforms to the conditions, limitations and requirements of this Ordinance. This Ordinance may be amended from time to time by the City through the enactment of amendments thereto.
21.03 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
(2) CITY. The City of Jefferson, County of Jefferson, State of Wisconsin, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
(3) CITY COUNCIL; COUNCIL. The present governing body of the City or any future body constituting the legislative body of the City.
(4) GRANTEE. A person or entity to whom or which a Franchise under this chapter is granted by the City, along with the lawful successors or assigns of such person or entity.
(5) GROSS REVENUES. Any revenue, derived directly or indirectly by a Grantee, its affiliates, subsidiaries, parents and any persons or entities in which a Grantee has a financial interest of five percent or more, from or in connection with the operation of a Jefferson cable system including, but not limited to, basic or extended basic subscriber service monthly fees, pay cable fees, installation and reconnection fees. The term does not include any taxes on services furnished by a Grantee and imposed directly upon any subscriber or used by the City, State or other governmental unit and collected by a Grantee on behalf of said governmental unit.
(6) NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the City are open to serve customers.
(7) NORMAL OPERATING CONDITIONS. Those conditions affecting service within the control of the Grantee. Those conditions presumed to be outside Normal Operating Conditions include natural disasters, human-caused disasters and civil disturbances, power or telephone outages, and severe or unusual weather conditions where such condition limits the Grantee's ability to provide service. Those conditions presumed to be within Normal Operating Conditions include special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance, rebuild or upgrade of the cable system.
(8) STREET. The surface of and space above and below any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the City.
(9) SUBSCRIBER. Any person or entity legally receiving for any purpose the services of a Grantee herein.
CABLE TV FRANCHISE 21.04
21.05 TERMINATION OR EXPIRATION. (1) A Franchise granted under this ordinance may be terminated by the City for just cause, which may include, but not be limited to, a material breach of the provisions of this ordinance, a Franchise agreement issued under this ordinance, or other violation of local, state or federal law. The City shall not terminate a Franchise without notice to the Grantee, reasonable opportunity to cure, and a public proceeding offering the Grantee and other interested parties the opportunity to comment.
(3) In the event that a Franchise has been terminated or has expired, the City shall have options, to the extent then permitted by law, to purchase the tangible assets of the Grantee's cable television system previously governed by the Franchise at its fair market value which shall be determined by a bona fide offer to purchase the system, to assign such rights to purchase, or to require removal of all Grantee's property located within the public ways of the City at the Grantee's expense. Such an option must be exercised within one year from the date of the termination or expiration of the Franchise, the entry of a final judgment by a court reviewing the question of the termination or expiration, or the entry of a final order upon appeal of the same, whichever is later.
21.06 TRANSFER PROCEDURE. All of the rights and privileges and all the obligations, duties and liabilities created by this Ordinance shall pass to and be binding upon the successors of the City and the successors and assigns of a Grantee. The Franchise shall not be assigned or transferred by the Grantee without the written approval of the City hereunder, which approval shall not be unreasonably withheld without a showing of good cause; provided, however, that this section shall not prevent the assignment or pledge of a Franchise or system by a Grantee as security for debt without such approval; and provided further that transfers or assignments of a Franchise between any parent and subsidiary corporation or between entities of which at least 51% of the beneficial ownership is held by the Grantee or any parent corporation shall be permitted without the prior approval of the City. The sale, transfer or assignment of a material portion of the tangible assets of a Grantee to an unrelated third party shall be considered an assignment subject to the provisions of this section.
(2) The City shall reply in writing within 30 days of the request with a written notification of any information it needs to evaluate the request. Within 30 days of such information being provided, the City shall indicate approval of the request or its determination that a public hearing is necessary.
(3) If a public hearing is deemed necessary pursuant to subsection B, the City shall conduct such hearing within 30 days of such determination. Notice of any such hearing shall be given at least 14 days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the area being served by the Franchise. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City.
CABLE TV FRANCHISE 21.06(4)
(5) The parties to the sale or transfer of a Franchise only, without the inclusion of a cable communications systems in which at least substantial construction has commenced, shall establish that the sale or transfer of a Franchise only will be in the public interest.
(6) The new holder of a sold or transferred Franchise shall, within 30 days of the sale or transfer, file with the City a copy of the deed, agreement or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. The new holder shall within the same period file with the City any and all required bonds, proofs-of-insurance and certifications, and accept in writing all responsibilities relating to the Cable Franchise and System.
21.07 FRANCHISE TERRITORY. A Franchise granted under this chapter is for the present territorial limits of the City of Jefferson. For any households or areas existing or added to the Franchise territory during the term of the Franchise, service shall be extended within one year wherever density reaches 20 dwelling units per plant mile.
21.08 SUBSCRIBER PRIVACY. (1) No monitoring of any authorized terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion and written notice to the City, except as may be required for normal maintenance of the system.
21.10 OPEN BOOKS AND RECORDS. A Grantee shall manage all of its operations in accordance with the policy of totally open books and records vis-à-vis the City. The authorized officers or agents of the City shall have the right to inspect, upon notice, during normal business hours all books, records, maps, plans, financial statements, service complaint logs, performance test results, records of request for service and other like materials of the Grantee that relate to the operation of the Franchise.
21.12 DESCRIPTION OF THE SYSTEM. (1) A Jefferson cable system shall be at least 78 NTSC channels in bandwidth or their digital equivalent when newly built, rebuilt or significantly upgraded.
CABLE TV FRANCHISE 21.13
(3) The City reserves the option to regulate rates for cable service, should such power be allowed under federal and state law.
(3) RELOCATION. If, at any time during a Franchise, the City shall elect to alter or change the location or grade of any street, alley or other public way, the Grantee, upon 72-hour notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the Grantee is in violation of the provisions of subsection A, the Grantee shall likewise, upon reasonable notice by the City, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.
(4) PLACEMENT OF FIXTURES. The Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures placed in any street shall be placed between the outer edge of sidewalk and the curb line where such boundaries exist, and those placed in alleys shall be placed close to the line of the lot abutting on such alley in such a manner as not to interfere with the usual travel on the streets, alleys and public ways. However, nothing in this chapter shall prohibit the use by the Grantee of existing public utility poles where practical, providing mutually satisfactory rental agreements can be entered into with the Grantee.
(5) UNDERGROUND SERVICE. The Grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service at the time of initial installation shall be 12 inches. Grantee shall undertake to minimize disruption to a subscriber's property when installing underground service.
CABLE TV FRANCHISE 21.15
21.15 INDEMNITY. (1) INDEMNIFICATION. The Grantee shall defend and save the City and its agents and employees harmless from all claims, damages, losses, and expenses, including attorney's fees, sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of:
21.16 BOND, SECURITY FUND AND REMEDIES. (1) BOND. During the construction or substantial rebuild of a cable system, the Grantee shall file with the City a performance bond in the amount of $50,000. The bond shall be released when the Grantee certifies to the City that the construction or substantial rebuild is complete, and the City accepts such certification as proven.
CABLE TV FRANCHISE 21.17
21.17 FRANCHISE FEE AND FINANCIAL REPORTING. (1) FRANCHISE FEE PAYMENT. As compensation for permission to use the streets and public ways of the City for the construction, operation, maintenance, modification, and reconstruction of a cable system, and for the City's costs in establishing a regulatory program for a Grantee, the Grantee shall pay to the City each year an amount equal to 5% of the Grantee's annual Gross Revenues.
(3) ANNUAL REPORT. No later than April 15th of each year, the Grantee shall present to the City a report of system finances for the previous year, which shall include gross revenues from all sources and detail of the amount contributed by each revenue component within the franchise territory. In addition, upon request of the City the Grantee shall present to the City an audited, consolidated financial statement showing operating expenses, net income and an end-of-year balance sheet.
(4) ACCEPTANCE NOT CONSIDERED RELEASE. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise fee or for the performance of any other obligation of the Grantee.
21.18 CITY RULES. (1) The City hereby reserves the right to adopt, in addition to the provisions contained in this Ordinance and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police powers. Such regulations, by ordinance or otherwise, shall be reasonable and not be in substantial conflict with the rights granted in this Ordinance and not be in conflict with the laws of the State.
CABLE TV FRANCHISE 21.19(4)
(4) The Grantee shall provide the City with an emergency alert override capacity, capable of securely accepting signals from a remote location and displaying City information on all channels.
21.20 SEVERABILITY. Should any word, phrase, clause, sentence, paragraph or portion of this Ordinance and or a Franchise thereunder be declared to be invalid by a Court of competent jurisdiction, such adjudication shall not affect the validity of this Ordinance and or the Franchise as a whole, but shall only affect the portion thereof declared to be invalid; and the City hereby expressly states and declares that it would nonetheless have passed this Ordinance and or granted the Franchise had it known that any such word, phrase, clause, sentence, paragraph or portion of said Ordinance and or Franchise were invalid.
21.21 ACCEPTANCE BY GRANTEE. A Franchise granted under this Ordinance shall be effective upon written acceptance of the Franchise being filed with the Clerk of the City. The filing must take place within 30 days of the offer of the Franchise being made by the City.
21.22 INCORPORATION OF AMENDMENTS. This Ordinance and a Franchise granted hereunder may be amended to incorporate amendments to the statutes, rules and regulations of the Federal government as they are promulgated by the Federal government. Any provision herein in conflict with or pre-empted by said rules, regulations or statutes shall be superseded.
21.23 PROTECTION OF NONSUBSCRIBERS. A Grantee shall at all times keep its cables and other appurtenances used for transmitting signals shielded in such a manner that there will be no interference with signals received by radios or televisions not connected to the Grantee's service.
21.24 GRANTEE RULES. A Grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its obligations under the Franchise and to assure uninterrupted service to all its subscribers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions of this Ordinance or the laws of the State.
21.25 WAIVER OF OBJECTIONS. By the adoption of this chapter, the City expressly waives all objections it has or may have to the legal rights of the Grantee to attach its cables, equipment and transmission lines to the poles of the City, pursuant to an agreement.
21.26 GRANTEE WITHOUT RECOURSE. A Grantee shall have no recourse whatsoever against the City for any loss, cost or expense, or damage arising out of any provisions or requirements of a Franchise or because of the enforcement thereof by the City, or for the failure of the City to have authority to grant all or any part of the Franchise.
Grantee expressly acknowledges that in
accepting a Franchise it does so relying on its own
investigation and understanding of the power and
authority of the City to grant the Franchise.
By accepting a Franchise, a Grantee acknowledges that it has not been induced to enter into the Franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City or by any other third person concerning any term or condition of the Franchise not expressed herein.
The Grantee further acknowledges by acceptance of the Franchise that it has carefully read the terms and conditions hereof, and is willing to and does accept all the risks of the meeting of such terms and conditions.
21.27 WORK PERFORMED BY OTHERS. (1) A Grantee shall give prior notice to the City specifying the names and addresses of any entity, other than the Grantee, that performs substantial services pursuant to the Franchise, provided, however, that all provisions of the Franchise remain the responsibility of the Grantee. All personnel of the Grantee or its subcontractors shall carry and display if requested a photo ID identifying themselves as representatives of the Grantee when performing services at subscriber locations in the City.
CABLE TV FRANCHISE 21.28
21.28 CONTEST OF VALIDITY. Grantee agrees by acceptance of a Franchise that it will not at any time set up against the City in a claim for proceeding any condition or term of the Franchise as unreasonable, arbitrary or void, or that the City had no power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of the Franchise in their entirety.
21.29 CUSTOMER SERVICE STANDARDS. The Grantee shall maintain resources sufficient and near enough to the franchise territory to provide the necessary facilities, equipment and personnel to comply with this section and other provisions of this ordinance.
(2) Telephone lines. The Grantee shall provide local toll-free or collect call telephone access to its subscribers within the franchise territory. Any calls should be answered by a customer service representative during Normal Business Hours; calls outside this period may be answered by an automated response mechanism, but such calls should be processed by a Grantee's representative on the next business day. The Grantee shall provide sufficient phone answering capacity that customer calls are answered on average within 30 seconds 90% of the time; and that customers receive a busy signal no more than 3% of the time 90% of the time on an overall basis. Violations of these standards shall be subject to penalties under provisions of Section 16.
(3) Installation. The Grantee shall complete requests for subscriber installations within seven business days of order placement when the installation is within 150 feet of the existing cable system. Installation requests required to be honored under this ordinance beyond the 150-foot standard must be completed within 14 days. If the Grantee fails to meet these standards the Grantee shall provide the subscriber with a free month of the requested service. The Grantee may request the City toll these periods for reasonable circumstances beyond its control.
(4) Repair standards. The Grantee shall maintain a repair force capable, under normal operating circumstances, of responding to service interruption and degradation complaints made during Normal Business Hours within four hours. For complaints made outside Normal Business Hours, the Grantee must respond within 16 hours. For the purpose of this subsection, "response" shall mean at a minimum contacting the subscriber by phone or in person. Where a Grantee misses either of these deadlines, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the repair period for reasonable circumstances beyond its control.
(5) Service call scheduling. When the Grantee needs to arrange an service appointment at a subscriber's location, the Grantee must offer the subscriber a service window not to exceed four hours in duration. Grantee may not cancel a service window without the subscriber's consent. Where a Grantee misses a service window, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the service call period for reasonable circumstances beyond its control.
(6) Service interruptions and significant degradation. When the Grantee has failed to provide a subscriber with appropriate service due to service outage or significant audio or video degradation not due to the subscriber's equipment or action, the subscriber may request a rebate of any fees paid for the affected service(s) under the following schedule, and the Grantee must provide such rebates. For the purposes of this section the outage or degradation period shall begin when the subscriber provides notice to the Grantee of the outage or degradation. The Grantee may request the City waive or modify the rebate provisions for reasonable circumstances beyond its control.
CABLE TV FRANCHISE 21.29(6)(a)
(b) For periods of at least 24 hours, a rebate of one-tenth of the monthly fee for affected services for each 24-hour period or portion thereof.