HomeMy WebLinkAbout2428 OrdinanceORDloflNLI \10_ ' 28 _,
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ORDI'AroCL ,oveing the constructi-n, operation, malnLenance,
re9alation and co rd of cable teleltision CGMflUP1-
Lation sy ,,tcmr, ,,l thin the CL t' of Pasco
WHEREAS, the City Council has determined upon tne advice of its
citizet comrittee and after public hearing the need to adopt a general
olunance relating to the regulation of cable television systems
throegn tie grant of non -e elusive franchises for the public necessity
and welfare of the City of Pasco, NOU, THEREFORE,
THE CITY COu,,CIL OF THE CITY Of P?SCO, WASL'INGTON, DO ORDAIN AS
FOLLO1S -
Section 1. Short Title. This ordinance shall be known and
cited as the "Cable TV Enabling Ordinance,” the "Cable Communications
Ordinance," or "CATV Enabling Ordinance "
Section 2 Definitions Unless it is apparent from the context
that it has a different meaning, each o. the folloainc words and
ph/ases has the mean,.ng herein stated wnerever it is used in this
franchise. When not inconsistent with the context, words used in
the plural number include the singular number, and words in the sin-
gular include the plural number.
2 1 APPLICANT Any person or corporation submitting an appli-
cation for a cable communications franchise, which complies with the
requirements of this Ordinance, and on forms provided by the City.
2 2 BASIC SERVICE. That service regularly provided to all
subscribers at a basic monthly rate including, but not limited to,
the retransmission of local and distant broadcast television signals,
non-oremium satellite services, automated services, local origination
and access services.
2.3 -CABLE -COMMUNICATIONS SYSTEM OR CATV -SYSTEM: A system
employing antennae, microwave, wire, wave-guides, coaxial cables,
or other conductors, equipment or facilities, designed, constructed
or used for the purpose of:
(A) Collecting and amplify' local and distant broadcast
television or radio signals and distriuut.io , and transm..tting them,
(B) Trunritting original eable ,os'_ programming not
lecei ,(-cl throug'l tcle ,ision broadcast ,-;1. 1)J1s,
(C , "In -,-,tti tolevisien pi.' (-,, film :m0 Jideotipe
pro9rams, not ic ,_ L ,c tn.-ou ,_7n bioadcast tc1C ISIOP siqnals, whether
or not encode( 'T pc __,,s ,. to permit re:eptio) ID- only sclected
receivers,
`)
(D) Ir. —Ittiag ad re,.elYing ,L1 _t -t-wr signals
at a, oic,e r,ual, or other rorm_ nE. _i_ect'onic or
0 LL,_ S1gn1 (-3
) 4 CHA`NIL si mf_rfahc-_Itz L-requency band, yhich
e ,)ble o: to ( it hor one ',tanclaid and] o/vtdeo televisioa
)r a rinutIkr r' audio, ( i i I (J/ ot 1 ,2r non-,1 deo signals
2 -
CITY The 1,y oc Pose°, a manic:11)a] corportic)I or the
), 0 - 1h1flcjt GO , nIL- plesLnt - incorport-d fo ,-r9 or ir any . t_er
c,nrarLed or rcihcorpo -atet. or
5 COUPCIL lc,ilative boy of thc City of Pasco
2 7 CITY riPNAC,L.-? Tae City Manager of the Cicy of Pasco
2 8 COMMUNITY IACC:SS CHANNEL OR ACCESS CHANNEL Any channel _
(2 1 ,Ort101 of a channel ut_Ll_zed for programming on a non-profit
Dasis
2.9 EDUCATIONAL CHANNEL. Any channel or portion of a channel
on which educational institutions are the only designated programmers
2 10 ENTERTAI -E 7 r_,RVILES Tclelrision services proided on
a ole-v.a\' ^on-interac ,_1,c besis includil but not lirritod to broad-
cast channels, local Jrigiaation channels, pay channels or any other
chornels supplied to sapscribers at a basic or premium charge yhare
thc content of the trarsnitted signals is u -iform to all subscribers
or inclividual classes of subscribers and program selection is accom-
plished by operation of a tuner or converter under the sole control
of the subscriber
2.11 FEDERAL COMM \;ICATIONS COMMISSION OR FCC- The present
federal agency of tnat name as constituted by the Communications
Act of 1934, or any successor agency created by the United States
Congress
2.12 FRANCHISE 07 FRANCHISE AGREEMENT. Any authorization
granted hereunder in terms of a franchise, privilege, permit or
license to construct, operate and maintain a cable television
system within the City of Pasco Any such authorization, in what-
-ever -form -granted, shall -not mean and include any license or permit
_required for the privilege of transacting and carrying on a business
within the City as required by other ordinances and laws of this City
2 13 FRANCHISE IACILITIES: All facilities retained by the
grantee in, along and -cross streets under authority of a franchise
cc business license
2 14 GOVEP,P ,=_C"; ''EL Means any chaancl or portion thereof
0 ,, the CATV Syst -J,1-- J 1 ,c_l fo/ use by the City
2.15 GRP, F1 , --r-)-,n rt corlo ,-at on to ,,,o- a fianchise
granted by t,I, (_,1 ne-1, ,i any perscn or (o)o,aL2( , ,_o 1,1.1c'l it
I iy thereatter bc, 1 11 f,lJ , tiansferred, WiLr -r, ha-; 11(_'' aith tne
-2-
v nr eadable,
Original
can y
40
coi 1 I wit tell a(c(otaaco of th e fr aL h i sc ctrantou anL 1 the bond
t reci to in c,ect__Ions 12 1 hetcof
rhe CIA ,/ or Pasco .ctt thr ,,ugh Its City 2 16 GP,_ _ _
n r 1 1
2 17 Go0c,(2 .1 -111c, 7.1 ,, an(' ," compensation in ,/hAtever
o , titectl, or in(t_trecLI nec vcdP/ Grantee, iLs
----,h ,,t('tittes, _patents, and any otact c-,,on In which the flrantee
oc, 1 1 ,1an ,..1,_1 iltc -cst, r em oI in connectioo with the operation
, eablc uor .catIons u Lcri puis, ,t t, d 1-anenLse _sued
,nger this ordiHElce, e eluding any ta%cts on sci\71ces furnished by
fly, grantee, wnIch ta>es are inpose(1 ,.ilectly on a subscriber or
ust_t b} a city, counts', state or othet 7civernmental unit, and col-
ic tett by the Grantee or such entit“
2 le IJSTITUTION A building or buildinc's where service may
he utilized in connection with a business, trade, profession, pub-
lic arl ency or service, school, or non-p-ofit organization
2.19 INSTITUTIONAL SERVICES: Services delivered on the
institutional subscriber network
2 20 L4EiVORr. A orb1c communications network
rur-signed principally for the prolislon c: non-entertainmert inter-
active services to businesses, schools, -public aencles or other
non-profit agencies for use in connecticn with the on-going opera-
tons of of such institutions
2 21 IIISTITUTIONAL SUBSCRIBER place of business, public
agency, school or non-profit corporat_on receiving institutional
services on the institutional subscriber network.
2 22 INTERACTIVE SERVICES Ser ,,ices provaged to subscribers
where the subscriber either (a) both receives information consisting
of either television or other signals and transmits signals generated
by the subscriber or equipment under his control for the purpose of
selecting what information shall be transmitted to the subscriber or
for an other purpose, or (b) transmits signals to any other location
for any purpose.
2.23 LEASED ACCESS CHANNEL. Any channel or portion of a
channel available for programming for a fee or charge by persons
or entities other than the Grantee.
2.24 LOCAL ORIGINATION CHANNEL Any channel or portion of
a channel where the Grantee is the only ,_'esignated programmer, and
which is utilized to pro‘lue televisior programs to subscribers.
2 25 NON-BPIC sERvIcr com-uniCativis service in addition _
to regular sutnc.Lber se %ice incluciar, out not limited to, public
aid leased acc-s ,-, ciaan( 1 cattlacic ihr 1j (r]qination programming,
pay tolevisi,n, pur(1 11,7-1 serice, :J.rr dl n ervIce, data trans-
mission, facsimilt s(2. Ice, home sho1p4 .-1 -1 s'r Ice and similar special-
17ed services-
kweadable
F1 or PuF'11U 1 CLII1 A Lh Inncl on which
isjon sl ,nal_ -/e delieLed to 1o1 a special fcc
tha/ye to ,ubscrib:r5 OVOT anN abo,c the rcyulaL cha/yes to
-;ubscri ,Jcl scr ira, und ocr ureyr,u-, per channel, o/ other
bas
2 27 11 c,L) //v r /t , pal Lnershiu, _
inei 1CLa1 o rcajza ci aut h() 7(2(i to do
I nt-,5 fl h< of ton
) 28 PRE 11 ' SLR ,J1 _F Pay-peY-ranl, pay-pet-channel
or subscription 5 -1,_wl(e, c , delive ,c-c to subscribers f)r a fec
or chaaye oer ano :bove the rruular car -;es [or basic service
2 29 _PUBLIC !,CCESS Cif/14NET, qm cnanncl or oortior of a
charnel where any member of the general public may be a proc i ramm-__
on a first-come, first-served basis, subject to appropriate rules
'or ,i)lated by the City and/or iranchisca
2 30 RESID2s.TIIL SERVICES Services delivered on the
residential subscriber network.
2 31 RESIDE.TIL SUBSCRIEP subscrlber who receives
-esic,cntial services on the resicE_-t±al subscriber network
2 32 RESIDE -I -L caole co -amunications net/or]-
cesi(ned nrinci:?aliy nor t ,c delierv of entertainment, community
access or interactive serNices to individual dwelling units
2 33 STREETS, PUBLIC WAYS OR RIGI1T-OF-WAYS The surface oc
and the space above and below any public street, avenue, road, high-
way, freeway, boulevard, lane, concourse, driveway, bridge, tunnel,
Park, parkway, side',,alk, waterway, dock, pier, alley, court, right-
of-way, public utility easement, or an', other public place, ground
or water, now or hereafter existing as such within the franchise
area
2.34 SUBSCRIBER Any person or institution that elects to
subscribe to, for any purpose, a sernce provided by the Grantee
by means of or in connection with the cable communications system
-whether :or-not a -fee as paid for such service.
2.35 TAPPING. The observing of a communications signal
exchange where the observer is neither of the communicating parties,
whether the exchange is observed by visual or electronic means, for
any purpose v,hatsoe''er
Section 3 Franchise Grant _ _
3 1 AUMORI_ no Cit' Counc:1 r/a/y, by ordinance award a
franchise to a, , su)/cct n an nc, other/ice ircorsis-
tent with the (o/ i t this , or the occupancy or
use of the st ort ,, du;)11 ,- ol 1-1 ,n s -or —fal within the City
fo-r the construct in 1, 'ai-t_hance of corth anl-
cations syste,,t
n readable
11A.. (P rT In '21_7,1 rZLI, (.1 -
(7\) ThL ,itovisicns ui this Ordinance shalt be incorporated ) orencc in a,/ 'Tancnise agreemc ,nt or lieene approved hereunder
P3) Th_ provisions dh: ,,-opo ,,ai submitted not inconsis-
an(_ accepted I.,: the Cit, rmy b incorpoiated by refer-
(NCL Ln (1,1 pJ icbI tianchisr or 1Lens(
DUt-Wl.I0 0: GP)7 , ,T - - - -
(A) -A fi_arrhie shill he e:fectivc on the 31st day after
of the frcnchisc agreement or license, provided that the
'aitee 'las filer, iithin twenty (20) days after such approval date,
a _,tel -instrument, addressed to tn_ Council, acceptine, a franchise
or r_c,n„,e and agreeing to comply witn all of the provisions hereof
(B) T franchise or license saa11 expire fifteen (15) years
after acceptance thereof unlcss sooner terminated by the application
of any provision of this Ordinance
(C) The City Council may terminate any franchise granted
pursuant to the provisions of this Orc.inance in the event of the will-
ful 'ailute, reZusai or neglect by Grartee to do or comply with any
olate-ia 1 requirer-et or limitation co'tained in this Ore,inance, or
any other applicat1=, rule or regulation of tne City Council validly
auopted pursuant to this Ordinance, such termination snail be by
resolution of the Council duly adopted in accordance with the follow-
ing procedures
(1) The City Manager fray make written demand that
the Grantee comply with any such requirement, limitation, term, con-
dition, rule or reculation. If the failure, refusal or neglect con-
tinues after notice for an unreasonable period of time, determined
as such by the City Manaer, following such written demand, the City
Manager may place his request for termination of the franchise upon
a Regular Council Meeting agenda. The City Manager shall cause to
-be served upon such Grantee, at least thirty (30) days prior to the
date of such Council meeting, a written notice of his intent to re-
quest such termination, and -the time and place of the meeting.
(2) The Council shall consider the request of the
Crty -Manager and shall hear any person interested therein, and shall
determine, in its discretion, whether or not any failure, refusal or
neglect by the Grantee was with just cause
(3) if such failure, reffusal or neglect by the
Grantee was with just cause, the Council shall direct the Grantee
to comly within such time and manner and upon such terms and con-
ditions as aie re(v3c1nhle
V) if thr Council determine such failure,
refusal or mciect ): tc Crantee was wi_vout ust ca. se, then the
Council may, Ly -1e(_Jale tnat the fianchise with such
Grantee shall hr tt.rmi ate and rorfeitcd, and ,ay further declare,
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Original \ ne
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L/lL plo L',1()'"), it
se_,I -1 1
,( (,7erated
-dí L Lha
(,(, 7( rt - ()-1 r _ho
bs(cLion ") Jclow, h it the :_antee
1. 4-1L10 LN al] of 1 -__S plohL an
ir ,nchise 1-,_1„,(1 1-1(1 any 1_1(,hts a(1er tho
riclLnic>e
(r)) To )hc e'crit of Lermih Ti(-)n, the C]tyo .a. 'purchase,
fl/ tcoline ln: S'CSSOF (,(antr_c_ fo n , Sr, Cran ec's f -:ilitLes
t ( )ot to c C ts Laen wlth reductie-
,1 i'corpe-c,ate(1 os inchrit_d vp: :)( (_lty in con-co_:i )n r/ith
r_h r(e' ln mder to cc h - Lhe 0 C Irta-t- value
Co ,LCr .'7, ‘yc.,teto as s,dcr -ificd abc r, _hr ro'lowL-(i plccedure wi,
7fl t
lo 'u
(1 1 GrahLee and tne purr ,ic ,scr each shall select one
qu1iLcdoppraiser epcliecc(.1 in -,-te c ,,]uation of abls communica-
tions systems
(2) The two selecteo ,7praisers shall select a third
appfaiser The tnree appraisers shall be employed to determine the
fair irarket value of Grantee's system The fair market value shall
be the average of the three evaluations of the appraisers. The
appraisers shall be directed to reach their determination within
thirt (30) days Grantee and tne purchaser shall each pay fifty
peicent (50%) of the costs of employ--, tre thire ancoraisa ,r ano the
Fall cost of tne nooraiser of their c n -]cet,or
(3) Upon deterr.LnaLion or the fair market value,
pay -itent or such sum by the purchaser, and if necessary, at-Di-oval by
any state or federal regulatory body, Grantee shall transfer all
rights, titles and interest in the subject property to the pur-
chaser within thirty (30) days
(4) The term "fair mar' et value" shall not include
the %alue of the rights granted pursuant to a franchise.
(E) Nothing herein shall be deemed or constiL.ed to impair
or affect, in any way or to any extent, the richt of the City to
acquire the property of the Grantee through the exercise of the right
or eminent domain, nor any other of the rights of the City under the
franchise or any other provision of law.
(F) In theevent of any holding over after expiration or
other termination of any franchise granted hereunder, without the prior
consent of the City, expressed by resolution, and no replacement fran-
chise (Sec. 5 2) has been granted and a timely application for a re-
placement franchise, if made, denied, the Grantee shall pay to the
City, reasonable compensation and damages, of not less than one hundred
percent - (100 0 ) of its ,ros ,-, revenue de ,ived from all sources within the
City curing said pe/iod
3 Pi PC11', c I I hi. EXPI;: ' _
() Jo n h_ t, (':0) Jiys -Jt prior to Lie - piration
of a franchise h t I rchaso ,he ',ncnise plop(rty by a tender
within nine t- n "0) 11+ol the e of he I , -,ncnise Sail
nntace shall e re, 'I , r hchIsc 'oru te-uor t-,er)ou
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(B) 9 of ,p( isat i on shrl LI nc do tezr i ptI suan L to
3 (1))
(,ection 4 _ _ _ _ Cu t uct Ion of t rancnis( _ _ _
4 1 INTFidP_ :21(14 Unless oth ,_wisc specifically prescribed
1 ,-tQl the follo_i ore 1 ,sions shall u otn tie interpretation and
/,' t / 1C. t__L On (1,1 a rraachl se.
() Tin_ is of the essenc, Thf r_l_ntce snail not be
oL its obli(l ation to p-ouptly /it., any proJIsion
3), 031, or the ordinance (iruntinct the franclue, by any flilure of
thi to e force orompt compliance 1/,..h t'e same or aro , other
oro
(B) A franchise does not relieve he Grantee of any
requitement of Env, ordinance, rule, rec-lation, or specification
of the City, ]ncluoinq, but not lirrited to any requirement relating
LO street work, street excavation permits, or the use, removal or
relocation of property in streets
(C) Nothing in this Ordinance shall be deemed to require
the grant of a franchise to any particular nerson or to prohibit the
City Council from restricting the number oc (_,..ntees should it deter-
MI,C such a restriction to be in the puL_Ic J_-terest, and toe Grantee
shall rot take a legal position contestic, tic City Council's right
to authorize such use of the streets or :arts thereof, provided,
however, that nothing contained in this supdi -ision shall prohibit
the Grantee from appearing before the C_tv Council and being heard
on any application for the grant of such riaht
(D) Nothing in this Ordinance shall be construed as a
waiver of the City's right to require an person utilizing a cable
communications system constructed or operating under the authority
of this Ordinance to secure a franchise, consent, or other appro-
priate permission authorizing such use.
(E) Nothing contained in this Ordinance shall be deemed
to prohibit in any way the right of the City to levy non-discrimina-
tory occupational license _taxes on any activity conducted by Grantee
4.2 -LIMITATIONS UPON GRANT:
(A) No privilege or exemption is granted or conferred
by a franchise except those specifically prescribed herein
(B) Any orivileje claimed under a franchise by the Grantee
in an street shall be subordinate to any prior lawful occupancy of
tle street. The City reserves the right to reasonably designate
where a Grantee's flci'ites are to be p1.7ced ,ithin the public ways.
(C) The GI intoe hell at rill o7ply with all appli-
cable present 3-1(1 tu1 ,__3 of the nr(rr,11 CommaniLat.Lons Cormilon.
-7--
/ 4to
0 ()) Phi , ,,i?.ntec shall, --._ during the lit -e of_
/ltr be subjf -:t to he la4=u1 e ct(ice of the Citys
p,)lite power and such leasonable if:LI 4l 1-:_.ons a3 thu City Council
Pu SUiO 1 Uoitly promul(te tncrculde
(1 ) Icthin._2 contained . n ,s 0-uinance c,hull be deemed
Lo r rcn1111 in an wai th , /1(,ht of City to ployit , for consid-
0rc1LIJ)1, tights or -)riY ,L.,ges 1- ac,:_-_on ,o t',osc forth in
LC 10(1 3 -)
) ,n/ ra lch sr,,ante_ I not lolice tnc G-antee
blirj ations in'olvei it cbta r )ole or conduit pace from
un; 0....tiartrent of the City, utility -,..ompAnv, or from others .1,aintain-
inc, utiiities in the public we ,'s
((3) Uhene%,er in the judc -nent of the Grantor it is deemed
impracticable to permit erection of poles or construction of under-
gro_nd cone:tilt s,,stem by any other ut_iity wn,ch may at the time
ha\,e authority to construct or maintai-, a conduir or poles in street
area, Cle Grantor may require the Grantee herein to afford to such
utility the right to use such of the poles or facilities of the
Grantee as the Grantor finds practicable in common with the Grantee,
both parties sharing the costs incidert thereto and under such rules
-Ind regulations as they may agree UDC -, ht i case t'-ey fail to agree
wi+ni , a reasonable time, then upor suo'r- term core,itions ard regu-
lat_on covernink„ tne san_ as the Gra -tor -tay Cetcrmine to be just
and ,3asonable
(H) No franchise shall autlor.l_ze use of any public prop-
erty other than public right-of-way a --c„ public utility easements
owned by the City, unless such francr-Lse or subsequent resolution
of the Council expressly authori7es cch ni -hr public property's use
(I) Grantee shall be subject to the provisions of general
laws of Franklin County and the State of Washington or as hereafter
amended, when applicable to the exercise of any privilege contained
in an franchise granted pursuant to this Ordinance, including but
not limited to those pertaining to works and activities in and about
state highways.
(J) Grantee shall be prohibited from directly or indir-
ectly doing any of the following:
11) Imposing a fee or charge for any service or
repair to subscriber-owned receiving or transmitting devices except
for the connection of its service or for the determination by Grantee
of the quality of signal reception and/or transmission,
(2) Soliciting, referring, or causing or permitting
the 5olicLtation or refer/al of any subscriber to persons engaged in
any business hereir -ploh/.-uted tc, be cnr,,-ed in by Grantee,
' Jn. ''1' 'nf _2 'rninu t he viewinc
patterns of lc'' a riidiil s ar rso
qtcup or orgaa on ci n , oiirpc Sc
-P-
e `
e
If t'm ledei,11 Conwuntc, s Commission or the
si in Lit—ities and ,lan,port -_,_,,n Commission or an
r lcdc_ral ol statc body or aQiorcy sh& i now or hcreafter
t, ID ,Any parlmount_ or r.SlCtiOfl o or _ ,uhject' rnatter of
/ t.nchise ,,'ant,-(1, then to the c c it ,Ich jurisdiction shall
at Gr proc1110.2 e L ]se 114c L I C 100 ,_)y Lae City,
j _risOiL_t on n - Cir" Siia I oc,IsC (I -10 longer r'ist
rthc pi epptic,n or of rhe e‘c'c.Lse by
( L i an o: 1ts ,ollc powcr snoI_)t diminish,
L any -,thci contract_utl hcc 1 1t e nc City or Ciahtee
(.hy other contractL,al obli(j ation of t Crantce under any
lc ,ise 9rartcd
(M) rn; and all mini or coic:nin, the operation
Of (L,,aLee and ay and all maximum rates, ratios, and charges speci-
fied in any franchise granted, e 'sting nc , and at any Elie in the
futipc, incluoinc, such tine as any para-ou-t jurisdiction shall pre-
er2t or preclude tart of the City, and an" ard all rights, powers,
pri%Ilecrs, and authorities of the City to determine, establish, or
fix any of the same, are each and all hereby declared by the City
and by any Grantee accepting any franchise to be contractual in nature
and to pc for the benefit of the City
(N) Neitner thi.s Ordina ,ce ror un , franchis hereunder
;prohibits the erection or ccatrnlled c o io Tldual television
antennaes, or requires anyone to iecci_e commun_Lcations
serNiice or connect with a cable communicat_ons syste7
(0) Snould the Glantee e%er fr to pay any surn of money
to the City owing to toe City under provisions of this Ordinance, or
the franchise ordinance, when such sum becomes due and payable,
Grantee shall pay interest to the City on the delinquent sum, until
it is fully paid at two (2) interest noints above the prime rate of
-interest charged in the Pasco area as calculated by the City.
(P) Nothing in this Ordinance shall be construed or pro-
hibit any person from constructrng or operating any private non-
commercial satellite receiving station to the extent permitted by
city, county, state and federal law.
4.3 RIGHTS RESERVED TO CITY.
(A) Neither the granting of a franchise nor any provision
hereof shall constitute a waiver or bar to t'-'o exercise of any govern-
mental right oi power of the City, including regulation of subscription
rtes as permitted by law
(B) Nothing nerein and/or f-aochise shall be deemed
)1- construed to im-ppir oL affect, in an/ -, to any extent, the right
of the City to iropirt the prooerty e c tae L c, either by purchase
or thiouqh the e‘e1,1 tin ri,ht o, r cot der ,oln, at a fair (Ind
Just Jalue, wh,r-O not .nclude a-,r ,r2t for the cranchise it-
self or for any uf t Ic light ,' or rio Li e r,ranted tnereby, and
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it±try. nt_rein contained -_-;hdlt ho conntt,...d t) contract away or to
1 ,/ nr tbride, wheth , r for a to ti or ln a nueLutt_‘,, the City's
light orU inent dorain
(C) There shall be restrve_. to Li( (_tty every riclht and
,owor i reuired Lo hc reser ea r pro iced by luw, and the
I _tat, its arC ct nec ()I the f raneh se tees to be bound
th_rc,)/ 1,(1 to comoly w_th day act ton or agree - _nts of Lac City lu
iC1Se of such 'iahts of aowcr, th ,retoforl,, or theLeafter
t 1 or established
(D) The Cit nerebz rcser'es to itself the right to
intel‘che 1, any suit, action, or pror'eedlno involv_Lno any provision
of t,ts Ordinance and/or Grantee's franchise mhe Council ray do
oll tangs which are necessary ana conienient in the exercise of its
jurisdiction under this Ordinance and/or Grantee's franchise, and
may dctcrrine any question of fact which may arise during the exis-
tence of any franchise granted The City Manager and the City
Attorney, with the approval of the City Council, are hereby author-
ized and empowered to adjust, settle, or comruomise any controversy
or charge arising from the operations of any Grantee under the fran-
chise, either on behalf of the City, the Grantee, or any subscriber,
in the best interest of the public
(L) The c_ty at its option, 1 -ten for sufficient cause
as deer,ec: by tle City 4anager may require that tne annual proof -of-
performance test, addressed in Section 6 of this Ordinance, be con-
ducted or observed by a qualified member of the City's staff or its
designated representatives The City reserYes the right to have the
measurements, associated with City observed performance tests, con-
ducted at City selected test points and to a greater number of test
points than the minimurn required by Section 76 601, FCC Rules
(F) Any delegable right, power, or duty of the Council,
the City or any officials of the City may be transferred or dele-
gated to an appropriate officer, employee, or department of the
City
(G) The City reserves the right to negotiate other
reasonable technical and operational performance standards for
-system franchrses granted pursuantto this Ordinance. Grantee
s'all have the duty to negotiate rn good faith with the City.
(H) The City reserves the right ±0 enact reasonable
regulations pertaining to any franchise granted pursuant to this
Ordinance which may include, but is not limited to
(1) Construction and uses of poles;
(2) Use of poles anc conduits by City,
;
t (2) Comr ,on user,
44) Jilir,q of pole user agreemen*;
15) cr '(it..101 1 uf S tri ,t t lChts
(6) Restoration of strccL,,
7 '7 L i L rir acil tties, ancl
(3) i'rin It , t -1
(I) ih - s rinht to Zurthct requ]ate Lna
,( (nct (J1 the Gr(litc regara t(., the privacr anl oto,.)erty ricYlLs
r , t_r - s Such rcqultions in ,Audc but are not
to the SOC,LIL" 02 all records rraintained b/ the Grantee
cent ii ,11 -1 ,_ privacy scrsita n fe information, personnel pra(Aices re-
:a 4 1 ,i, to such ,-cco'ds and any other ratter-, related to privacy
Eint] ( vidual
(J) The Cacy reserves tne right to establish a cable
communleations re._al.atory and advisor / commission to assist the
Council in regulatirc cable activity in the City The members and
duties of any such commission shall be established b ." the Council.
(K) Should the State of Washinaton or tae federal
covernment or aaEncv thereof subsequently require tie Grantee to
act in a manner '0 1-11c'l is inconsistent ,dith any proisions of this
Or_inance, francnase ordinance or associated resolutions and orders,
the Grr ,nLee shall so notify the City Utpoi recci -n)t of such notifi-
cation, the City shall determine if a material 2ro,ision of tIne
franchise is affectec: Upon such deterrrination, the parties shall
renegotiate in good -aith to modify or amend any of such sections
of the franchise to such reasonable extent as may be necessary to
carry out the full intent and Purpose of this Ordinance or the fran-
chise ordinance In the event that the City determines that sub-
stantial and material compliance witg the originally proposed terms
of the franchise has been frustrated by such state or federal re-
quirer-ent, the paities shall renegotiate in good faith
(L) No Grantee nor any major stockholder of a Grantee
shall directly or indrrectiv - with the City use the position as cable
-Grantee to gain a competitive advantage in the business of selling,
leasing, renting, servicing or repairing-radio or television sets
ner -other -receivers or parts thereof, or data access and transfer
er,uiTment,-which make use of entertainment and information signals,
diovided that nothing therein shall prevent Grantee from making
modifications to the tuner input circuit of the subscribers' com-
munications transmitters and/or receivers, and the fine tuning of
the customers' operating controls only, to ensure proper operation
under conditions of cable connection at the time of installation,
or in tepairing teceivers a ,,d other equin,ent. belonqina to other
cable system oper -ator: for use in the conJuct of thrir businesses.
(V) J no Cit: Sh'Ll hikr c riq,', tror_ o c charge, of
an )pera tknna to ,ers and 001e,
0 , In undcr/0 n ceo of t'e Crant coaNsial
(uble,-wrre, and ap,),,!_erlo -cos t -.) 1 City faril-
i'ies -v -,L(_ 1,_'ova.‘'ec__ Lq1.1.-) o ,it 1, rstalled,
nt eadable
Origi na l
/
1 iflr JP0 UpL1 (it ( ;) iS Uflt to ntcri I itn Jroperty 0/
titnis ,_r_c„ia1/41 tn -tt thc , r,IC1 IN C, 5t1 Iii not be /(s-
, bl - 1 r_h( Jut his fault t,u1 tin( to the signs,
(to os )/c/Je ol the Cit./ Flo such use by the Ctt
tclifti ,s" ate )ni'dinc,s ,n6 o1/4_fic ()mod and/o/ leased b.,
ILr CJ it s
Ihc Ci sntl_ have thc rieht at its OWN cost and
tr, I sy., a ly tiIQ durin Irr 1 bur,Inec .s hours, at
, 11 cad ition ,- the ctrantee, all booes
inc1/4,,te ta, r -Lu -ns, irnIncial statenenis,
'I SC -orplaint lo pc/'ornance test results, Plant, ins tulle-
JS, 'acilities a ,_nth like materials of the Granter- 1/4rhich
'elate to tne ooefation of the Gran'ce ;-Cress to the a r orementioned
i-ccores shall not be c,enieu by the Cronte on tne basis that said
iecords conLarn "propr,etarv n informatio a
(0) 0o)lor:, o: all petitiols anc reports submitted by
the Gzantee to toe Fe(eLal Communications Commission, Securities
and Exchange Commission, or any other federal or state regulatory
commission or agency having jurisdiction in respect to any matters
affecting cable communications operations authorized pursuant to
the franchise, shall be submitted to the Grantor within five (5)
working days Copies o - responses or any other cor -hunications
-i-or the regulatoi: aencies to tne Gratoo shai be afailable
or ispection
(P) ,71% intra-state interconnection of interactive
services between tne ClkTV System u;nerated by Grantee and any other
systen shall be subject to the regulatory authority of the City,
Insofar as such interconnection effects the operation of the
Grantee's CATV System within the corporate limits of Pasco,
hashington
(Q) The reservation of any particular right shall not
be construed to limit the promulgation of other reasonable rules
aru rec,ulations
Seetron 5 Franchising Procedures
5 1 FRANCHISE APPLICATION:
(A) This Ordinance itself grants no authority to operate
a cable communications system to any person(s) Such grants are only
made by the acoption of a separate ordinance awarding a specific fran-
chise to an applicant who has complied with the proldisions of this
Ordinance
(B) Fach )olicatlon for a franchise to construct,
cperate, or maintain ,able communicat:ons ystem(s) in this
,ity shall be fllcu 1 tile City Cicrt: a, shall -otain or be
ccompanied b; tht fr l If ' )', aS )
I a-J tr ,lophe'c number of
he applicant,
nreadable
II Original ,
(4) A _.etaiLed state ,ilenr of the corooratr or other
_' fl 1 Ledt 1C) or thc lpplicant LO whateve/ c-,tent_
( (1, 1 I t k i by tht. IL/
(CI t - , le case o: pn appli an not presently holding
/lt nIL , rUllOWI1 J 1') ,I1SU iceak ,--ed
(l) h nomcs, ies1d,2qce and busin:ss addresses of
unie_ diteetr,ts a d a ,,,ociate-, o - t'le , applicant
clte -e5lacnec anci busincss adorc ,)Ls L
of 2o sons ana c ti tics having, controlling, or 'Deing en-
title(' tc na ,c or control uf one oercent (1%) or more of tne owner-
ship cf the ,Dpplicant r ,ra tne rcpecti“e owneiship share of each
such person or entity
(3) The names and addresses of any parent or sub-
sidiar , of the applicant, namelt,,, any etncr business entity owing
or controlling applicant in whole or in part by the applicant, and
a statement describing the nature of any such parent or subsidiary
business entity, including but not limited to cable television sys-
tems owned or controlled by the applicant, its parent and subsidiary
and tne areas ser\ed thereby
(4) A detailed description of all previous evper-
lence of the applicant in providi -c; cabie te]e\tis,Lon communications
system service and in related or similar fields
(5) A detailed and complete financial statement of
the applicant.
(6) A statement identif:ing, by place and date, any
and all cable television franchises awarded to the applicant, or its
parent or subsidiary, the status of said franchises with respect to
completion thereof, tne total cost of completion of such systems;
and the amount of applicant's and its parent's or subsidiary's re-
sources committed to the completion thereof.
(7) A thorough, detailed description of the pro-
posed cable communications system and plan of operation of the
applicant_which shall include, but not be limited to, the following.
(1) A detailed map indicating all areas pro-
-posed to be served, and a proposed time schedule for the installa-
tion of all equipment necessary to become operational throughout
the entire area to be served.
(ii) A detailed, informative and referenced
statement describinc the actual equipment and operational standards
proposed by t,le cyllcuit In no evert shall sad operational and
performance st '11„1,1" S be liss than those idwpted uy tnc rules and
,egulations of'•i :_o,71Hunications Commiss3on, and as aug-
mented herein r ))./ the f/aiLhic awarded
( ))
0L
(lit) Jetalled estlma_c of the cost of con-
, rIlf the oopli(_ tit', proposed
(1%) cop/ of the form of alv agteement,
,Cro011 01 othet i fi ctr imn prcr)o5ed to be enter Into 1 )etween
ii can t r Lie
) cet(tilcd )ta-trinr ,nt setti ,c, forth in its
any and all 1''ntn ad uluerfakincs, whcthe- formal_ or
11, writtcl, -,-cl, or ir7:liod, z 1.7tiny cr propoEed to eri,t
1,2t , on Lne app Lit and a pc/son, :irm or corporation which
mat, _rall/ ielate or 2crtain to or cipend upon the application and
the ,,_anLing o: tie 4 -anchise
( 1) statement or schedule setting forth all
p-o?osed classifications or rates and charges to be made against sub-
scrihr ,rs and all rates and charges as to each of said classifications,
includin9 installat_o charges and s:,,rricc charges
(e) A copy of any agreement existing between the
applicant and any public utility subject to regulation by the
Washington State Utilities and Transportation Commission providing
fo- the use of any facilities of the pnblic utility, including but
not Limited to Doles, lines or conduits, ./ithin the City
(9) 7,ny other details, s_aterrents, information or
re,:eiences pertinent to the su,sject matter of sL.ch application which
shall be required or requested by the Council, or by any provision
of any other ordinance of the City.
(10) An application fee in a sum to be set by the
City which shall be in the form of cash, certified or cashier's
check, or money order to pay the costs of studying, investigating,
and otherwise processing such application, and which shall be in
consideration thereof and not returnable or refundable in whole or
in part
(D) The Council may, by advertisement or otherwise,
solicit for any other applications for cable communications system
franchises, and may -determine and fix any -date upon or after which
-the_same shall be received by the City, or the date before which
the same shall not be -received, and may make any other determina-
tions and specify any other times,-terms, conditions or limitations
respecting the soliciting, calling for, making and receiving of
such applications
(E) Upon receipt of any application for franchise, the
Council shall refer the same to the City Manager or Cable Advisory
Committee, if such exists, who shall prepare a r-oort and make rec-
ommendations respectim, such i,Jplication, and cause tle same to be
completed and Fill(' ,vith tne Lr)uncil within one Lund ,-cd ane twenty
(120) days.
(j JH -11 311c any etelr,.latlo!s h eundrr as Lo any
application she ,...o,n(11 11 ike d i con-,10-ation to the
Na, anu 0 thc scriir_e r),--o-aoseu, .ateb to subscriber,
,c oiic. ) the t _ , per c ice, 2110 rac.. ter , bac } (-1 ound , a Id financial
te-,)onsioLlity cl ,10p1 icant , :Ind its nanalement and olAners, tech-
ril t I and oe , tornanc c i n -lity 0 willingrcss and ability
tu mtft Lonst_u(tiun arc -Dhs/-_,1cD1 rcc,u'rement5, and IDN policy
a,d rr-ci uirelents, and -my other
,1 crat on eLcc'd pertin(nt_ by t1=- C -Junci1 'ot sateeuardi i the
1Pt_k CSt ol the CiL' and ,h, public Thr Council, ln its discretion,
,hill '½ Lu rm t 1C av ,,,Ld of an, 't_nrisc on the bus in oe sl ,h con-
si, 7,,rat1ons cn _'noct c ,ampcLitive OiL in(
(G) lc the Council, after puolic heariro, sha,_ (Jetermine
to reject such -,dplication, such determinatior snail be final and
conclusi ,e, and 0-e sane shall be eeemed rejcctoe
(P) I` t-r Council shall determine to farther consider
the application, the following shall be cone.
(1) The Council shall decide and specify the terms
and conditions of any franchise to be granted hereunder and as here-
in provided.
(2) The Council shall gi,7e notice of its intention
to cc ,sider the Lralting of such a fra-c-iso, stating the na e of
Droposec Grantee, and that copies of the proposed franClise Tay
be oz:timined at the o:fice of the Cit, Clerk ci 1,7 Fnd settine forth
a tire and public place certain wnen ane wncre _nterested parties
may inspect all tne bona fide applications, fixing and setting forth
a day, hour, and place certain when and 'there any persons having any
interest therein or objection to the -,.ranting thereof may file writ-
ten protests and appear before the Council and be heard, and direct-
ing the City Clerk to publish notice of said ordinance's and/or
resolution's adoption in a newspaper of general circulation within
the City
(I) At the time set for tne hearing, or at any adjourn-
ment thereof, the Council shall proceed to hear all written pro-
tests Thereafter, the Council shall make one of the following
determinations
(1) That such franchise be denied; or
(2) That such franchise be granted upon such terms
and conditions as the Council deems appropriate, which terms and
conditions may Include, on a not to exceed basis, where in accord-
ance with applicable FCC regulations and state laws.
(1) Charyes for Installation,
(11) cu)s-crib° r rates,
(j ) c,r r _ cc tr o -,cp Ira Le c 1 as Si ic ?.-
tions of ser , coI 3-LI 0(01_101 -i Con Lc'
-1 -
(J) If the Council shall determine that a franchise be
Jellied, such deterclination shall be e'spressed by resolution, if the
Council shall detcl.Tline that franchise be granted, such determina-
tion shall be e,presscd b; Ordinance granting a franchisc to the
,pplicant The action of the Council shall be final and conclusive
(K) The Grantee shall pa; to the City a sum of -Ioney
suffictent to reiPburse it for all c,penses incutred by the provi-
sions ()I this Orginance, ocyord those defrayed by lpolication fees
Such payment shall be mace witnin thirty (LO) days after the City
furnishes the Grantee with a uritten statement of such expenses
5 2 2JPLACLMENT FRANCHISE
(A) The serJice provided by the Grantee under a fran-
chise may be reauired to continue uninterrupted beyond the expira-
tion or -cancdllation of a franchise To assure continued service
to the subscribers, application for a replacement franchise shall
be submitted at least twelve (12) months prior to the expiration
date thereof. If the Grantee fails to make said application, the
City may commence procedures for the issuance of another franchise(s).
(13) Any franchise may be rere ,/cd for a term not to
eyceec fifteen (15) years, at any time pr_or to the expiration
of the _same. An application therefor shall be submitted to the
City Nanager containing the followirc ilformation.
(1) The information required pursuant to Section
5 1 (B), (1) and (2) hereof,
(2) A map of the area proposed to be included in
the franchise service area,
(3) A schedule of rates and charges proposed,
(4) A_narrative and/or pictorial description of
the facilities in place, and a narrative description of proposed
additions -and/or -replacements thereto, if any.
(C) Upon receipt of such an application the City Manager
land -Cable Advlsory Commattee, if such exists, shall review the same
and -forward -to the City Council a report containing their recommen-
dations.
Upon receipt of such a report, the City Council
shall conduct a public hearing, noticed as is provided in Sub-
section 5.1 (H) (2) hereof. At the time of such hearing, or con-
tinuance thereof, the City Council shall, based upon the applica-
tion, report, and relevant evidence received, determine whether the
3ublic interest, con'enience and necessity require the issuance of
such franchise If tne City Council determines to deny the appli-
cation for rene4al, it shall do so by resolution If it determines
that the said rianchise souid he granted, it -shall co so in the
-manner provide(' in Subsection 5 1 (I) (2) -.erecpc. In the event of
AP\c'
,r
‘04'
nm-ienewal or termination of a franchise, the City may purchase,
ol require any suecessor Grantee to puichase, Grantee's facilities
,t I Lost not to e cecd its then fair 'riarket value, with a reduc-
tion tor arli uncompensated damages incurred by the City in connec-
tion with the Giantce's operation Fair market value shall be
t(imined in accordance with the arbitration proces:, specified in
)ubse ,tion 3 3 (D) ol this Ordinance
5 3 fRA[,CH1SF .ACCEtTANCL
(A) No f-orchise granted under this orninance shall
beco ,e effective foi any purpose unless and until ri -itten accs-Jt-
ance thereof shall have been filed with tne City Clerk Written
acceptance, wnich shall be rn the form and substance approved by
the City Attorney, shall also be and operate as an acceptance of
each and every tern' and condition and limitat_on contained in this
Ordinance, and in such franchise, or otherwise specified as herein
ana therein provided
(B) The written acceptance shall be filed by the Grantee
within twenty (20) days after the effective date of the Ordinance
granting such franchise, in the event this day falls on a non-work-
inL day, ther the neyt business day will suffice
(C) In default of the filing of such written acceptance
as herein required, the Grantee shall be deemed to have rejected
and repudiated the franchise. Thereafter, the acceptance of the
Grantee shall not be received nor filed by the City Clerk The
Grantee shall have no rights, remedies, or redress in the premises,
unless and until the Council, by resolution, shall determine that
such acceptance be received or filed, and then upon such terms and
conditions as the Council may impose.
(D) In any case, and in any Instance, all rights, reme-
dies and redress in these premises which may or shall be available
to the City, shall at all times be available to the .City, and shall
be preserved-and maintained and shall continuously exist in and to
the City, and shall not :Dean any manner or -means modified, abridged,
altered, restricted,-or_impaired_by reason of any of these premises,
or ,b.theiwzse.
(E) Any franchise granted and accented under this
Ordinance shall be in lieu of any and all other conflicting rights,
privileges, !boi.,,ers, immunities, and authorities ovned, possessed,
controlled, or-exercisable by the Grantee, of or pertainina to tae
construction, operat_on, or maintenance of any cable communications
.,/ster(s) in the City
5.4 FRA.4CNISE TTRANSFEr' OR AS:31.61'1E1.T
W Any suca francal ,;e shall be a priyilece to be held
in personal trust by tae Irantec The fraacil-,e shall not be sub-
let or assigned, nor shall any of the rl pt' or TJraviieges therein ,
iranted or authorized be 1ea3e( as-igne0, -tortgagkd, sold, trans-
erred, or disposed of, cit'ter In '/aole or la -salt, either 0; forced
/ . s%. ,
in oluntnri dale, or by ‘olunta -y mnrcier, consolidation or
tfirui5e, no .nall therero, cithcr lelal o- _ouitable, or
Itaht, interest_ or property Lhe-ein, nass io or Yest in any per-
,on(s), c cept Grantee, 3ither by ac_ of tie Grantee or by °per-
Jtion of low, wiLhour Lhe consent of the (it/ ozpressed by lesolution
(B) Ihe 6r -.-tntee promptly notify tnc City lanager
any pto'Doser cnan(u , arl, or t/dnsfer ot, or acquisition by, any
(,thei tJarLy of _o,itrol ol Lhe Giantec \,,A1 in,pect to ,Thich the
(onsont or the Grantor 15 rec j uired, parc3uant to Sucsection 5 4 (A)
a such caln of control snc.11 ma'r- this franclise subject to
reJoe,ition unless an() antil the City Council shall nave coasented
thereto
(C) Consent of the City Council shall not be granted
until it has exarrned the proposed assignee's legal, financial,
technical, claracter and other qualifications to construct, operate
and ihaintain a cable communications system in the City and has
afforded all interested parties notice aid an opportunity to ne
ieard on the question. The Grantee snail assist the City in any
-_1-,,,---tvi-,4,-,-,,,:,t_suchv-examinationtlzi ,mThe7sald7t1-consentATOTtitne-mCounciPlwindykrriberiliegqih -L-74T-V*204
reasonably withheld.
(D) Tie proposed assirrnee rust show financial responsi-
bility as dete=ined by the Council and must agree so comply with
all provisions of the franchise and of tLis Ordinance, and 2rovided,
furthcr, that no such consent snail oe requireo for a transfer in
trust, mortgage, or other nypothecation, in whole or in part, to
secure an indebtedness, except tnat when such hypothecation shall
exceed fifty percent (50%) of the market value of the property used
by the Grantee in the conduct of tne cable communications system,
prior consent of the Council shall be required for such a transfer.
Such consent shall not be withheld unreasonably
(E) In the evert that Grantee is a corooration, prior
approval of the City Council, shall be required wnere there is an
actual change in control or where ownership of more than fifty per-
cent (50%) of the votingstock of Grantee is acqu.Lred by a oerson
or group of persons acting in concert, none of whom already own
fifty percent (50%) or more of the voting stock, singly or collec-
Ltvvely. Any-such acquisition -occurring without prior approval of
the City Council shall constitute a -failure to comply with a provi-
sion of this Ordinance within the meaning-.of Subsection 3.4 (C).
Such approval shall not be unreasonably withheld.
(F) Any SUCA transfer or assignment shall be made only
by an instrument in writiig, which shall include a- accrratance of
all terms and conditions of the francaise by transfer, a duly
executed copy of -which shall be filed with tae City 21erk witnin
thirty (30) days after an such transfer or as.,1(,nr -cnt.
Section (
ince Standards _
,-s Desi(,1, Construction aid Techn-cal Porforr- - - - -
(P) Et -incla ,dc, of cable communications s ..-,tiw(s) eon -
ttuction, oderation sill mr,ct, bht not be limited to,
-18-
th, following 'eferonced spocifications, u-ioc,s exception is ac,reed
.J,Jon hetwoen the Clf_ff -,nd the Grantoo
(1) cowl_ , state and national/
fedLral ewles and Prninolccs ar, they ipply o Lhe corstruction of
builr'Ingc), tower stturtures, rn ca-F,le system installation,
(2) tp,lic,ible utilit attachment practices,
(3 "Dtional LleeLrical Safety Code, WPA 1 '0 70,
(4) Local utility coce rer .iirements,
(5) iocal right—Jt-f/ay procedures
(B) The overall system(s) will be designed ard constructed
to meet all _FCC technical performance specifications and standards
over a temperature range of + 50 degrees F from the mean temperature
of the Pasco area, and to function throughout all environmental ex-
tremes expected
(C) The forward portion of any cable communications
system shall be capable of initial activation of a minimum carriage
of 54 6 MHz ideo channels, the full Fn broadcast band, and Pilot
Carriers or otner such auxiliary signals as required for system
control
(D) The combined forward trunk and distribution system
Rill deliver signals to each and every subscriber's receiver that
will meet or e\ceed tre franchise ordinance specifications at the
mean system temperature + 50 degrees F, unless otherwise indicated.
This shall include the effects of drop cables, interior splits, and
any terminal equipment such as descramblers and set top converters.
(E) The reverse portion of the residential system shall
be capable of initial activation of a minimum of 5 to 30 MHz in band-
width, with return signals from eaci subscriber and institutional
(including all schools) signal source to tie extreme end of any area
in compliance with tle specifications set forth in the franchise
ordinance.
(1) Where applicable, the end of the system speci-
fications shall include the effects of any signal reprocessing equip-
ment n2cessary to achieve forward transmission.
(2) For Class I signals, t -le signal delivered to
the subscribers' TV receiver, after being transmitted to the head-
end, processed and retransmitted down a forw'ard channel shall meet
the specifications of tae franchise ordinance.
(r) All e -,ole communications -vst2-; authorized to be
constructed anu uoerl 2C1 7.3u ruant to tai r Irance, in-
sofar as fini/.ki,,j11 fol31 lc, be com-)atible one
witn another en rj 1 ncc determination fo)
forward, and/o/ inter'an,ed between other
-19-S
CC ,MMUAlLa f-D n , -,_StILMS -111J Gra--'f-,t2's are to be or-
tri pj t d cortr,.t',:ion of his of all
,JertineiL comport ts o the worst Lase (tcrdperature and location)
id 1!Jatn conbinrd c()ntribatir'n shall meet or e\ceed thc
Ified teehiic, I sieei f Cio a- the t(-2rroination of the ,/orst
ta5r Li(nal hatl he (_hannel cot ,ld en -niL r At the Interconnect
)1)j it n3Lt. (C11 \ L r ing a (_11 1,r:A o , ehdaJels will provide s_ I -
I , transt„c ,rted ci*_ne: 1- the 'or_w_lo or reverse szstem to the '
n ( -oohner-t poipt, that ci_f rr r/ceel the 'ranch 1St ordinance
s,,ocif)cations ,t Loc i(eon s ,Le -1 Lern atui r ; 50 degrees P The
a is a'e to be In comT;11,n7,c as statrd at a point which best
re ,Presents the 1,3s t_ direct signal_ path betiPecn the p=rty providin9
Inc sici nal and the party receiring tI signal Only one such inter-
connect point is to he srJecified for ail si ,_Thal exchanges
(r) A comprehensive routr r -Preventive maintenance pro-
cram shall be developed, effected Jnd -laintained for each system by
the respective Grantee to ensure conti-ued top aualitv cable commu-
nications operating standards in consonance witn FCC Part 76 and
the technical specifications stipulated in the franchise ordinance.
_ -
(H) No newly constructed system services shall be offered
for sale prior to proof-of-performance testing in accordance with FCC
Part 76 601 aria technical specificatio-s and standards listed in the
rrahchise acreemeit This initial proof-of-performance testing, and
annual proof-of-tDer:ormance tCstie, na: he conducted by the City, or
its designated representative, at the City's option, ,'nen for suffi-
cient cause as deemed by the Council, or its designated representative
The City reserves the right to have the measurements, associated with
City observed performance tests, conducted at City selected test points
and to a greater number of test points than the minimum required by
Sub-Part 76.601, FCC Rules Additionally, the Grantee shall reim-
burse the City for all expenses incurred by it in connection with
the City conducting or observing the annual Performance tests, when
the result of those tests are deemed by the City to fall below a
ninety percent (90%) level of compliance with the technical standards
set forth in FCC Part 76 and in the franchise agieement
(I) Grantee's proof-of-performance testing procedures
must be consistent with federal law arid industry standards. The
_results of proof-of-_performance tests shall be retained for at
least five (5) years and available for inspection by the City.
(J) All system antennaes and mounts shall be designed,
installed and constructed to E.I A. Standard R.S. 222C.
(L) All ulderground cable should be flooded and be
armour-clad cable and/or installed in conduit unless specifically
exempted by the City Engineer on a case by case basis.
(L) and instit-:Lonal drop cables should be
a double shiolL ,2( t ani fitted with __itr>t -al ie cr_mp ring hic,h
integrity con ,l(ct,)r , c r hotter
(N) „J.7101-toc' caolL, should bc USEC 1 ln any and all areas
ut JP p' ant where alrbo ,--ne heav ,, chcmical pprticles can be expected
(") Graltee's corrLctrve mctinten nce orojram shall render
-_1._rcieilt correctlie scrNrce, make repairs promptly, and rnteirupt
c , 1 , only for goo , cause -Ind for thc shor-,:est time posslble
'uctl ii,Lctruptio,-'s shll be procecdcd ,J, notic2 Ind shall occur
period o - minimum use of tle svsteff ,, written log s'lall
hi -d_ht_011CC O r :11 '-_,-ervice irtc-raptrons -nc log 'hall reflect
t ,lc ,ate, L'_me, (,aration, and reason for (ac scrvice int( -LL )tion
1 ,, ),' or •=t -ie luc shlll be kept_ on :11c f ,-,-- a minimum of L rec.
yc t r -
Sc 7. trcet Work, Permits and Co-struction
_ _ _ _
7 1 PER.!1ITS
(A) Within thirty (30) c.ays after acceptance of a fran-
cnise, tne Grantee shall proceed with due diligence to obtain all
necessary permits and authorizations which are required in the con-
duct of its business, including, but -not -limited to; any utility -7-
joint use attachment agreements, encroachment permits, micro-wave
carrier licenses, and any other permits, licerses and authorizations
to oc , —anted by duly constituted recj ulatory a,..encies havincj juris-
diction over tie operation of cable te1.27isio-/communications sys-
ters, or associated micro-wave trans -ission facilities
(B) In connection with Subsection 7 1 (;) above, copies
of all petitions, applications and communications submitted by the
Grantee to the Federal Communications Commission, Securities and
Exchanges Commission, or any other federal or state regulatory com-
mission or agency having jurisdiction in respect to any matters
affecting Grantee's cable communications operations, shall also be
submitted simultaneously to the City Manager
7.2 GENERAL CONSTRUCTIONS
(A) Within sixty (60) days after obtaining all necessary
permits, licenses and authorizations, includin9 right of access to
-?oles and conduits, Grantee shall commence construction and install-
ation of the -cable communications system.
(B) Within one hundred eighty (180) days after the com-
mencement of construction and installation of the system, Grantee
snail proceed to render service to subscribers, and the completion
of the installation and construction shall be pursued with reason-
able diligence thereafter, so that service to all of the areas des-
ignated and scheduled on the map and plan of construction made part
of the franchise shall be provided as set forth therein.
(C) Failure on tie pnrt et toe Gra-tee to commence and
diligently puis,e each of thc fore9cinq re(luireTents and to complete
each of the ra.ters sof - firth herein, shall no -,rounds for termina-
tion of such f ,,nchisc, By resoLction and or0e ,-, thc Council, in
rts ciscretio-, -ri - extind the time for the co--encement and
-erlpl ,,_tr(m or inst.allation Lon,tr,cticri or addLtional periods
Lhe (\cut the GiunttL, a(tin(1 1, -_,od -aith, a,perienc(_s delays
)y icason of eircumstan_as be 1 '(,nd nib contr ,J1,
n D) Thu City shdll huVL
1 ,ake ]JOILiouoi use, or any public_
,Lal c rc,priat, of any
I,r 'a,iiiLic- erectec, controlled,
r 0 Grantee io on , street., prowl_
iterLere with the use by Grante‘
the right, free of cnarye, to
cl municipal purpose, whether
pol S , r_011 duits, ot- other simi-
c - r=lirtilned
slch use by City does 'lot
(E) Grantee shall atiliz2 e\-Isting poles, conduits, and
other facilities when reasonable arc snail not construct or install
any new, different, or additional z-,o1r-s, conduits, or other facili-
ities on public property unless and until rirst securing the written
approval of the appropriate authoritN/
(F) In all sections of tne City where wires, cables and
other system appurtenances are mounted above ground, every reason-
able effort shall be made to minimlze obstruction of the view of
residents, and every reasonable-effort shall be made to preclude an
unsightly system installation.
7.3 UNDERGROUND FACILITIES
U0 Unless otherwise authcrJ_zed by the Council, in those
areas and portions of the City where trio transrission and/or distri-
bution facilities of the public utility providing telephone service,
and those of the utility providing electric service, are underground
or hereafter may be placed underground, or are to be placed under-
ground by a builder, developer or subdivider as part of a develop-
ment or subdivision, then the Grantee shall likewise construct,
operate and raintain all of its transmission and distribution facil-
ities underground to the maximum extent that existing technology
reasonably -permits the Grantee to do so
(B) In new developments or subdivisions, the builder,
developer or_subdivider shall be responsible for the performance
of all necessary trenching and backfilling of main line and service
trenches,--rncluding furnrshing of any imported backfill material
:required. The :Grantee will -be responsible for the conduct of the
engineering and labor to put the cable conduit in the trench.
Grantee will be responsible for pulling in the cable, and providing
the plant electronics and drops to individual homes, after occupancy.
(C) In those areas and portions of the City heretofore
designated 1:), the City as local improvement districts and where
utility service facilities are currently located underground, the
Grantee shall be responsible for the undo:grounding of cable facil-
ities including the -)erformar.70 of all necessary trenching and back-
fillint„ of r.).1.n and service tre-cne -3, aid th fuinishing of
any imported hacr.1L materiil ._cquirer how,ker, Grantee may act
in concert with tri',cics 'o rouuce cos'
(D) PrEn.ious'y in_talled aerial cable shall be under-
nrde(, In concert, and un a LOS t-jio L ncjbhis, with other util-
Lties parsuant to the c,enc ,ral ordinances of the ,_ity or applicable
sate law, or in th: cw(nt such action nall be .aken by all othcr
ii ilitiosua a voluntaiy basis
(E) &,,hject to ppro Ji tn( CJLy Lic,ineer, incid(ntal
pu ,-tenances such as amplffiel ho -s pedestal mountcd terminal
(s -ay be placed abovc ;,rwnd, h Ot he of such Size ,-,nd de-
s r c shail be so located as not to n_ unsigrtly or hazardous to
r - oioi 1C "Kistinr, a',puitc_r(_nces a: time of franchise graut
;nail be deemed approved
7 4 LINE EXTENSION CLAUSE
The Grantee shall extend ser:icc into eiery ncw suodi 1-
sion, development and/or newly anne/ed or incorporated areas into
the city ']aving thirty-five (35) or more aerial flop service, or
Forty-five (45) or more underground drop service, dwelling units
per strand mile of plant for -tne system's standard installation
fee. In those areas where the number of dwelling units per strand ,
mile is less than thrrty-five (35) (forty-five (45) underground),
Grantee will provide _cable service on a pro rata sharing of the
installation costs ,iith the potentiai s_oscriber(s) Grantee will
oe -,r its pro rata share of the then currert mile of plant construc-
t on cost based on a multiple of the acr_711 number of potential
su5scribers per mile divded by thirty-fi ,e (35) or forty -five (45)
as appropriate regarding aerial or undercround service.
The remaining construction cost will be borne on a pro-
rated basis by each applicant committing to service within the
extension area. Mileage will be measured from the nearest point
on the nearest trunk line. Example If it requires one mile of
olant extension at $10,000 per mile of construction to serve twenty
potential subscribers, and if the franchise stipulated dwellings
per mile were 35, Grantee would pay $10,000 20 + 35, or $5,714
as its share of the extension cost. The remaining $4,286 cost would
be da%ided -equally among the -twenty potential subscribers, 1.e ,
each would pay a $214 30 installation fee assuming a11twenty be-
come subscribers. The -above formula applies to individual install-
ation distances, as stipulated in the franchise award ordinance, or
less For distances in excess of the stipulated distance, there
may be an additional charge for that distance in excess.
The -capacity to provide cable communications service
shall be available to newly constructed structures on the date of
first occupancy Actual installation of service may be delayed up
to sixty (60) days from first occupancy or until after final grad-
ing, whichever is first
The prov,9ions nf this section shell net apply to
tempciary dt%ellinq ualits
7 5 C00.11,ITIO 0% (-,:r n LLL' occur, _ _ _ _ _ _ _
ve%69`ble
ovio°N
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-12 t_zzt e , .tie -2 t z..2
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es
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A e
(3) Thy -haneht_se br terniaated, cancelled
then Lc (,rantdc 511,1', at tnc optioa of the City,
at Lhc -' eYpense of Crntee and at no c pensc to the City, and
u)on lemanu of the City, p/ombtly tc -ov_ from any streets or other
u -ca all ,iropecty of Grantee, and GL,nrec snail promptly restore
thc street ol oth,>1 ahea from ,,hich such broperty has been removed
,nch cionottic ,n as Lb'- CIL; Fngincer shall approve
7 7 CIRIGES REQuIPL'D LY PUBLIC_ 1 MI poVEM,NT - - -
fne Grantor at Litz, e,pcnse shall protect, sup,-)ort, tem-
pura ,il disconnect, helocat3, or rency,c any property of Grantee
ficn ieduired by tie Council by reasor of traffic conditions, pub-
lic salety, street ,zicatio-, freeda' o- street construction, change
): estcblishment 0 1 street grade, installation of sewers, drains,
wtei t )ipes, power line, signal line, _transportation facilities,
ttacks, or any otner t''pes of structure or improvements by govern-
aertl a(Jencies dhether acting in a gozernmental or proprietary
capacity, or any other structure of public improvement, including
but not limited to movement of buildings, urban renewal and re-
development, and any general program under which the City shall
undertake to cause all such properties to be located beneath the
surf-ace of the ground, provided that Grantee shall in all cases
have the privileges and be under tne obli-Jations as to the abandon-
ment of franchise prope:ty in place ,:hich are provided in Section
/ 8 heteof
7 8 REMOVAL OP ABANDONMENT OF FRA.;CHISE PROPERTY
(A) In the event the use of any franchise ,Draaerty is
permanently discontinued, or no franchise has been obtained there-
fore, upon expiration of or within twelve (12) months after any
termination of a franchise, the Grantee shall promptly remove from
the streets all property involved, other than any the Council may,
at its sole option, permit to be abandoned in place. Where Grantee
removes its property, Grantee shall promptly restore the affected
area to such condition as the City Engineer shall approve.
(B) A permit to abandon in place must first be obtained
from the City Engineer. Nothing hereunder shall be deemed a taking
of the property -of Grantee, and Grantee shall be entitled to no sur-
charge by reason of anything hereunder.
(C) Franchise property to be abandoned in place shall
be abandoned in such manner as the Council shall prescribe. Upon
abandonrent of any franchise property in place, the Grantee shall
submit to the Council an instrument, sat.,sfactory to the City
Attorney, transferring to the City the ownership of sJon property.
Section 8 :)vsrem Maintenance.
Throughout the life o' G_antee's franchise, and in addition
to other service reculatinnc tacr -Aed by the Council, and exceptino
circumstances bond Granto's control, sacl as Acts of God, riots
rnd civil disturbances, an ir pro,'icin ,, the foreooing services, a
Grantee shall
-nr
(A) 1iir ti all parts of Lt ist_ori in good conditton
a ,cordance standitL i s genet:,11y ri)served by the cable
industly The system 11 P,St Si_t"P individual residents,
rtlso ser'n as a Lrold bos ,20 comflunIriflo ,s sour(u For City
cc,Nmcnt, other p-blie factlitics P11 HUin hosna.tals, public
11)1alic!-_, schools, a ,' ildustrial and commercial business users
(D) Ensrc jtmnO no imu1 o Len leayaqc with
ipt -esolution o - al/ or _ill complairLs or r intcrference lf
IltL , tails to pro --)ti cor)ect :1, sach _ 'fled system aisciep-
a , a[ter notification or (3'-dritc0 by Ctantor, (1,rant.c,r may hate the
ats,,-cpaucy correr.teo a': Grantee's e pcnse and may assess those
(,)sts and an additional rive Hundred Dollars ($500) per incident
on the Grantee provided ceculity unct anc/or performance bond
reQui ,id by this Oreiriance
(C) Retain sufficient erployees to provide safe, ade-
quate, and prompt sert.ce for all sum n residential subscribers,
insuitutional facilities and business users.
(D) Limit system failures to minimum time duration by
locating and correcting malfunctioning as promptly as is reasonably
possible, irrespective of holidays or other non-business hours.
Section 9 Safety Requirements
I, Grantee shall, at all times
(A) Install and maintain its wires, cables, fixtures
and other equipment in accordance with the requirements of the
state or local building codes governing construction and in such
manner that they will not interfere with any installations of the
City.
(B) Keep and maintain in a safe, suitable, substantial
condition, and in good order and repair, all its structures, lines,
equipment, and connections in, over, under, and upon the streets,
-sidewalks, alleys, and_public ways or places of the City wherever
situated or located.
Section 10. Operation and Service.
10.1 SERVICE AREA: Grantee's system design and construction
shall be such that service shall be made available to all residen-
tial units within the Grantee's service area, as defined in the
franchise, for the nornal installation fee, with the exception that
rn those locations whcie the dwelling units per strand mile of
system plant are less than the dwellin ,, per mile figure stipulated
in the franchise ordinance, Grantee shall provide cable service on
a pro rata sharing of the installltion costs with potential
subscribers. Phe pin rlto shlrir of those costs wil be in accord-
ance with the lormilatto se' cc, ", in (A.7tJol 7 4 hercof
10.2 1 5MB1,1EH) ' ()I c7 111s Ct ,o such reoulations
as may be adiu by Loulc-1, tce shall install cabin
h ,Isic scrice to all ,7).'sc 51 -,al.inq a tir'ely and bona fide
request_ roc such service a' an', location 'L thin the service area
isttc_r the Grantee sun 11 ha\.e rstahlibnrd serviLe pursiant to
J hiSO I iy area at the Cit},, ch ser'ice shall not be sus-
r)_nerd or abandenou unless such F.u ,,,pension or abandonment is authel-
) cd Or otdcre ,-7. by the council
10 3 J3 SICcd_R ,7 1(_,E A cable com J r1 lofiS svster't, to be
and operator ,),11(311,-,nt to tills Jr-a -lance and a franch1L0
erante ,' hereuddei shM2
(A) Be opel3tionally carDab'e of relaying to subscriber
terminals teJeN'ision an radio broadoar t signals for the carriage
(,f7 what the Grantee is now or thereafter authorized by the Federal
Com-lunications Commission to carry, and
(B) Distribute color tele ,,ision signals which it re-
ceived in color, and
(C) Provide, as a minimum, channel capacity and
services as described in the City's CATV Plan;
(D) Have a minimun rapacity of 54 downstream 6 MHz
iideo charnels
(E) Have two-way (biairectionai) activated capacity
upon initial activation of the system, or at such time as may be
extended by the Council
10.4 NON-BASIC SERVICE. The cable communications system
permitted to be installed and operated pursuant to this Ordinance
may also engage in the business of
(A) Transmitting original cablecast programming not
received through television broadcast signals;
(B) Transmitting any additional broadcast signals
permitted by the Fsderal Communications Commission;
7Transmittrng television pictures, film and video-
tape_programs, not received through broadcast television signals,
whether or not encoded or processed to permit reception by only
-selected receivers or subscribers;
(D) Transmitting and receiving all other signals;
digital, voice and audio-visual, etc;
(E) Transmitting on a non-discriminatory basis and
for a reasonable rate, burglar, fire, or other non-broadcast
services which customers request fror persons sunplying those
services.
10 5 LOCAL Oi IGIrJTlOJ AND 7n CCISS
(A) Grantee shall provide and maintain at least one
loeal origination ano access van
(B) The van shall contain a complement of compatible
equipment as spccified in the franchise oidinance, dll of which
iu be of broadcast or top lc,”l industrial quality
(C,) Tno Grantee shall make the porta-pak availableto
reponsible orr,anizations in accoidance with a Grantee developed
and L_Ity approued porta-pak usage plan, and under provisions as set
forth in the franchise
(D) Grantee snail provide porta-pak equipment to res-
ponsible organizations for remote public productions and locally
originated programming.
(E) Grantee shall provide community access channels
for use by City residents, including channels for government and
,educa,ti.ori:.access ,4 A#A01-so rz;cornmuni-ty4acce ss rs come f- first-
served basis, and leased access. Until there is demand for full
channel-time use, such may be combined on one or more channels
Additional access channels will be activated when any of the chan-
nels 'stipulated are in use during eighty percent (80%) of the week-
days (Monday through Friday) for eighty percent (80%) of the time
during any consecutive three (3) hour period for six (6) consecu-
tive weeks.
(F) Grantee will actively promote production assis-
tance to facilitate use of these community access channels.
Grantee shall maintain sufficient dedicated studio staff to fully
support active local origination and access activities. The staff,
upon reasonable notice, shall provide training and technical assis-
tance in the use of the studio and portable equipment. This train-
ing and assistance shall, at a minimum be available at the Local
Origination Facility and be made available upon request at public
schools.
(G) Grantee shall maintain all studio equipment,
_including -portable equipment, in a fully operational status on a
-continuous basis, and to technical standards requisite for quality
performance.
10.6 MUNICIPAL SERVICES:
(A) With respect to local government access, the
Grantee shall provide, at the request of the Council, and upon
City reimbursement of Grantee's actual production costs in excess
of five (5) hours a week, averaged o'er a thirty (30) day period,
use of Grantee's studio, equipment and technical ser.r.Lres for pro-
duction of 1.,x lnd -video-ti,cod munic_pal programs, subject to
scheduling rec,_irr ,-onts o tn Mantee.
(9) With aspect to the basic tclelision service, the
H'uh -Le shall proN'ide a dro and ill basic subscriber sur“ices,
'Nlitho_.t cost, when the system passes sJch facilities and as des19-
I IL( CIO COUnC11, tie
(1) Public schools and dublicly owred buildinds
Ithi , Clc City, and
(2) Buildin ,j s owred and/or co,ltroll(C by t_n, City,
'sod ,ur public oupose ,, and not for residentiJ1 osc,
10 i PUBLIC BEAEPIT SERVICES t such time as the Council
deter i es it to be in Lhc public interest, the Grantee ray bc
/equircd, without inrre,sinq subscrinfion rates, to
(A) Connectron to municipal video production studios,
(B) Connection to education facilities,
(C) Connection to public health facilities,
(D) Interconnection with other intracity communications
systems,
(E) Interconncctior between municipal anC/or educatu.onal
facilities
10 8 INTERCONNECTION. The Grantee will be required to pro-
vide interconnection to other nearby cable television systers at
the time and to the extent and in the manner specified by the
Council, after the Council has conducted public hearings on the
manner to determine the need and viability of an interconnect sys-
tem. Costs of said interconnections shall not be passed on to sub-
scribers without permission of the Council
10 9 EMERGENCY SERVICE
(A) The Grantee shall design and construct the system
to provide for a restricted audio override of all audio channels
during emergencies. If video override is also provided, the sys-
-indlude a Character generator capability for delivery of
emergency messages to the communicatively handicapped. The audio
override shall include a squeal alert to -le to precede the verbal
and video messages. The design of the Emergency Alert system is to
be submitted to the City Manager for approval prior to construction.
(13) Emergency poser sources shall be provided by Grantee
at the head-end, network dist-ibution center, satellite earth station,
processing hubs, and ot'oe syc,tem locations serving a critical service
area as may be r:?cessary to cr,arantee that in the event of a power
lailure on any -dart o a--tem, service will be maintained.
10.10 It in_l be Ch riont of all sub- _
scribers to rcoci c 3 all, avail3Jlc ser ,,iccs insofar as their
-iflarocral _Ind other cbli,,atious to the Grantee are honnred NeiLher
nor the Grantee shall, as to rates, charoes, se/ vice,
Vil
raeilrLics, rules, regulations, or in Jny other respect,
p"
or ant an , preference o/ advanta(e tc any person, nor subjert
an, persuh to prejuCice or disadvantage Grantee shall ha'c the
1(h . te reduce rate ,, (Jac charges temperJrily, for purposes r-7
' ,Lng, loweier, th'se reductions must oll1\2 be of to larqc
-.Layn of the e,istn,1 or putcntial s'Iosc-ibLr base Sub:cot tu
:uch r‘(ulltions as bk ado)te(1 by f C COUPC ,1 Pursuant h('_Ao,
(,/c,1Lec. shall
(A) "laintain a high stanuard of courtesy in customer
relations At all times
(2) flaintain a log showing the da t e, appro'cimate time
and duration, type and -probable cause of all head-end, trunk or
distribution line _service interruptions and/or failures due to
causes other than routine testing or maintenance, such log shall
be subject to review by the Council.
(C) Maintain a conveniently located business office
and service-center-within the local service area with toll free
telephone numbers so that subscribers may report service outages
-or deficiencies at any time The office shall maintain an adequate
staff such that subscribers may transact all necessary business,
including payrent of bills, duri-Ig regular business hours.
(D) Keep a three (3) year written record of all com-
plaints showing as a minimum the date, sabscriber's name and address,
nature of complaint, and action taken by the Grantee.
(E) Restore any interruption in service as ex?editiously
as possible, and in accordance with the franchise agreement Cor-
rective maintenance for institutional services will be in accord
with contract terms between the Grantee and the subscriber.
(F) _After a determination of need, by the City, then
before -providing cable _television service to any subscriber, the
Grantee shall provide a written notice to the subscriber substan-
tially as follows:
"Subscriber is hereby notified that in
providing cable television/communications
service the Grantee is making use of pub-
lic rights-of-way within the City of Pasco,
and that the continued use of such riahts-
of-way is in no way guaranteed In the
e ,,ent the contrnued use of such rights-of
way is denied to Grantee for any reason,
Grantee make every reasonable erfort
to proicc sorv:ce ce/ alter'nate routes
TA“ acccp+ia ,, cable tele ,isAnn cormunica-
scrice, subscribe - re:7,s ha will
ma;sc t10 la m nor uncertalc any 3ctior
agaiI,L the Llt, Its oftir_cLs, or its
LN ,)10;::'S lr thL serl'ire to hr r'invided
ho rounder, as intcrupten oa discontinued "
(G) 1r re snail be no crges tor service calls to
ih2rs' hoinc s L )t in o )ses of \di] 1 r Li I or repeated damage
(h) In Lhe eret that Lie Cthltee elects to rebuild,
'oc ,ify, A soil thr s:stem, ot thc cnvocs or fails to renew
tnt th: G -rantec sh(11 co evcry'hing In its po ,:er to en-
ILO ac, ,t11 Y-ocei'e coh'in,ohs, unintefrupted service
,«afdlss of tne circumstances dmrinc, the lifetime of the franchise.
In tle cvent or a system purcnase by the city, or change of Grantee,
the cuirent Grantee shall coo i ,ei-ate with the City to operate the
systc,,, for a temporary period, in maintaining continuity of service
to all subscribers
(I) Upon termination of service to any subscriber, a
Grantee shall promptly remove all its facilities and equipment from
the premises of such subscriber upon his request as is reasonably
possible.
1 l0 11 SUBSCRI3ER'S PRIVACY
(A) rine monitoring of any subscriber terminal without
specific written authorization of the subscriber is prohibited
Grantee shall be responsible for the protection of subscriber pri-
vac, prohibiting toe tapping and/or monitoring of cable, line,
signal input device, or subscriber outlet or receiver for any pur-
1 ,
pose whatsoever, eYcept Grantee may conduct tests of the function-
ing of the system where necessary in order to ensure proper main-
tenance of the system and to collect performance data for agencies
It
regulating the quality of signals Where critical information re-
quires private communication, electronic signal scrambling techniques
must be used.
II
(B) Listings of subscribers' names and addresses may
not be sold -or otherwise released for any _purpose, nor any list
which identifies, by name, subscriber viewing habits, to any person,
agency, entity, for any purpose whatsoever, without specific written
authorization of the individual subscriber.
(C) The Grantee and the City shall maintain constant
vigilance -with regard to possible abuses of the right of privacy
or other human rights of any subscriber, programmer, or general
citizen resulting from any device or signal associated with the
cable communications system. The Grantee shall not place in any
pri ,Tate residence any equipment capable of two-way communications
without the written consent of toe residents, and wall not utilize
the two-way co--unications capability of the system for subscriber
_surveillance o any kiici without he written consent of the subscriber.
(D No cable, lino, wire, ar-nlif_er, convertor, or
other piece of eau12 ,--cnr mdnc.! by ihe Grantee 1dll Pe attached to
any residence (,/ other 1.roberty by the ti stec witnout first securing
-31-
tht petptission oE the ovinc at Ics -,unsible occupant of any property
IF such perniqsion is 1 ,t(r rcAoked Olether by tne orig-
inl or a subsecient evnler o respor-plblc occupant, the Grantee shall
i ii" arth 1 th all of its cqui,-)mr ,-, ad prodiptly res tote the prop-
t' to as neai to ,ts ori;inal copdi.lion as possible
Section 11 Rates and Chaic i cs _ _
EKcept Olch ahd as' p-ceriptcd r.): FCC rec,alL3ons and state laws,
Ltit2 folloing piDced,rc ,, apply ti thr rates and chalges associated
vith the proviCir ot scrv ,cen andc- this ordinance and any franchise
iLsued hereunder
(A) The Grantee shall c_nar-je its subscribers and users
rcites and charges approved by the Council, and no chanc:e in rates
and charges may be -made without the prior approval of the Council
expressed by resolution
(B) Should the Grantee desire to change its rates and
charges, it -shall file a petition with the City Manager at least
ninety (90) days prior to the -proposed date of change. The petition
shall detail the proposed changes and set forth the reason changes
are desired. The petition shall include system historical financial
Oata (balance sheets and detailed profit and loss statements) for
the period since commencement of systo - operations or the previous
fle (5) years, whichever is the lesser
(C) Council determinat.Lon of proper rates and charges
_shall De based on factors considerec important by Council, which
shall include, but not limited to- The quality of signal delivered
to subscribers, the quality of service provided to subscribers,
channel capacity, number and quality of programming sources, and
underlying economics of the system (system cash flow, Grantee re-
turn on investment, etc ). In this regard, the City reserves the
right to inspect all of tqe Grantee's property and records in ad-
judging the merits of a request for a change in rates and/or charges.
(D) I-n connection with any proposed increase in any rate
or charge, the City Council shall conduct a hearing on the matter.
The Council shall,set _the day, hour, and place certain when and where
any —person -haying-any _interest therein may appear and be heard. This
-hearing -should -normally_be conducted -mithin_sixty (60) days from date
of receipt of petition. The notice of a -nubile hearing on the matter
should be published at least ten (10) days before the date of the
hearing in a newspaper of general circulation within the City. The
City manager shall also cause a copy of the Notice of Public Hearing
to he mailed to the Grantee at least ten (10) days before the date
set for the hearinc
(C) ?t the time set for s,Ach hearing, or any adjourn-
ment thereof, the Council c,halj hear tne matter rollowing the close
of such heat in , the rouncil shall Oetrr, int-, whether to adopt the
la -te incre,—,4 or co con'J - e the ,,otte 'or further consideration.
If the Council clots to adopt a tate increase, it shall do so by
resolution
(I) tate estaoliDned snail if lord an undue prefer-
, -1,1%antace afflong subsc ,ihers, but spotate rates may be estab-
Ilsn_c- 1-ot separate lasses of subscribers and installation charge,
,eFlc L the In:rLased cost of "Providing service to isolated or
pupulater. areas
(0,) Thc. Louncll sct rate-, inc charges hereunde-
aet:rfunation that rates 3 c. charges Icvied b Grontee are
( -able (Jr Llt(2 ultable
(11) Shcu c h Cou cll fa ,1 to grant ot cenv such
rLquf—t foi a rate increase within si ,ty (60) days of completion
e t iblic hearinT„ or within onr hurdred eighty (180) days
cat° of filing the petition, tne rate increase requested
oy L_ Grantee in its 'Petition will be considered in effect as
thoagn granted by the City Council
Section 12 Compensations and Guarantee to the City.
12 1 FRANCHISE FEE
-4 t
7, _
(A) In consideration of the granting and exercise of
a -fronchise to construct and operate a cable communications system
1- tqc City, the Grantee shall pay to the City during the life of
the -:anchise, a franchise fee ecaixal=rt to a percentage, as stip-
ulate( in the franclise ordinance, of tne Grantee's "gross revenues"
(as efired in Section 2 hereof) incluoing, but not limited to,
Basic Service Revenues, Non-Basic Revenues, Advertising Revenues,
Lease Revenues, and Data Transfer Pevenues, for the purpose of de-
frayirg administrative expenses associated with the conduct and
performance of the City's authority, responsibilities, and police
power in the promotion of safety, convenience, comfort, prosperity,
and general welfare of the citizens of the City, and in considera-
tion of the City's granting and Grantee's exercising a franchise to
use the streets, as defined in Section 2 herein
(B) The percentage payments shall be made in the manner,
amounts and at times directed in the franchise ordinance.
(C) Each payment shall be accompanied by a statement,
-lin -duplrcate, verified by the_Grantee or by a general officer or
other duly authorrzed representatrve -of -the Grantee, showing in
-such -form and-details as the Council may require from time to time
the facts material to a determination of the amount due.
(D) The City or its representative shall have the right
to inspect the Grantee's records to determine if proper payments
have been made to the City. The cost of such audits shall be borne
by Grantee if the same results in increasinrj, by more than two per-
cent (2%), the Grantee's annual pal,ment to tic City.
(U) Nc occeptancc of an , -)-“--0-t skall be construed as
ci release or as ar, ac -d and satis -J,c )r any claim the City
may hake for ,urtner or idlitionl FLY'S :ay'ole Li-der this Or6irance,
0
th ,fi InLhise ordfaInce 01 a -,soc,,L,_ iflolution of ordinance for
)erto(hance at air, 0t1(/ (J11 ,at, ),1 f_,Prcan(ler
(r) At the di,cretion of Ccaincil, a percentage or
o:lon ( f the fee payflelts va ,, be er ,r -,altrd to assist in the fund-
if Jr c , rtain non -baic suc n oabilc and °Cucational
((-3) In 11("U ()/- the frwlse Fec, authorized by this
C _he Cit., ma ,„ at he CI L , solr disrretlon, exorcise a
riminatof occui,ationa1 1 icc n L on anic-ti ,,ity of the
Cif-Ante°
1 2 PUBLIC LIABILITY M43 P':GPL i T'T Grantee _
snail at 1) tines maintaia in fall f0(-0 effect a policy of
insalanr -e in such form as the City ma, _-ecj,rc, e -ecuted by an insur-
ance company authorized to wr-te the rer-uired insurance and approved
by Lee Insurance Commissioner of the Sta.:: Of 1 ,7 ashington, insuring
the Payment of any sums which the Grantee or Cty, its officers,
boards, commissioners, agents ard employees may become obligated to
pay by reason of any liability imposed upon them by law for damages
because of bodily injury or death, or injury to or destruction of
property that may iesult to any perso - or prolertv arising out of
tr:- construction, operation or mainte,-a ,ce of aly facilities pur-
s,.ant to a franc use The sums, payment o: ,h_cn snail be so insured,
slall not be less tnan S2,000,000 compi_ned s_n(141e limits including
boally injury liability and property Gamage liability Sucn policy
of insurance snail be filed with tne City Clerk, in duplicate
12 3 WORKMAN'S CO'IPENSATION I,SURTINCE Upon being granted a
franchise, and upon the filing of toe acceptance required under
Section 5 hereof, the Grantee shall during the entire term of such
franchise, maintain in full force and effect Workman's Compensation
Insurance coverace in at least the minimum amounts required by law.
If a Grantee fails to obtain or maintain such required insurance
coverage, the City may, without notice to Grantee, obtain, at
Grantee's sole expense, such coverage, or forthwith terminate,
without -prior notice, the franchise as granted
12.4 FAITHFUL PERFORMANCE BOND-
(A) The Grantee shall, at his sole expense, at the time
of acceptance of -a -franchise, file with tne City and, unless author-
ized by Council, at all times thereafter maintain in full force and
effect, an acceptable corporate surety bond in the amount of $300,000,
effective for the entire term of a franchise, and conditioned that
in the event the Grantee shall fail to comply with any one or more
of the provisions of a franchise, then there shall be recoverable
jointly and severally from the principal and surety of such bond,
aly damages suffered by he City a -, w, res u lt thereof, including the
fill amount of an co'n -)cnsa ,r, fnce-nific:Ition, or cost of reroval
01 abandonment of -)ronert p -ozwcilod b , Sect.,on 12 1, 12 5 or
7 8, heieof which may br 1- efaoLt, Li to the full amouht of the
-b ad, said condition to 'Je a cont-nilino obligation for the duration
c: a franchise -Inc' theteoctor ul'_11 the qrDnree has liquichted all
-34--
(----
nreadable
Original
01 i L u I LHtiOflS %,,,th the (fly tni,t !nal haN ,, arisen from the
( I I t. uic Of i f ,,, C;r,.rit(e or from Itf, e\orcise ot
ptivilc(e heiein ,ianted
(13) Ncitn the pro isions ,-_,- this section, any bond
CL )f_c_ by ths citi ff ,su -int th( reLo, fl --,r my dama9e-, recovered
tfic Clty L h e nd( r shall (onsfl,icac e/cuse flithrul per-
(J -J ,,n(f_ ,d2 the (_,Ia ,tcra, o_ to 11T t _.1.,-0)111tV of the Grantee
r',.v'cr its ranche o c'amagcs, ritcc: to t_h ,_ cull apount o'
he bon( of otherwi ,e
(C) If, at any time during t c term of a franchise,
Lite condition of the corporate surety shall change in such a ranner
to re der the bond unsatisfactory to tn ,- City, the Granter shall
°place such bond by a bond of like amo ,-r7: and similEfrly conditioned,
rssued by a corporate surety satisfactor to The City In the event
the Grantee's obligations under a franchisc shall so warrant, the
Council, from time to time, may authorize or require appropriate
adjustments in the amount of the bond
12.5 SECURITY FUND:
(A) Within thirty (30) days after the effective date
o a franchise, the Grantee shall deposit into an insured account,
established by the City, and mairtai,- on reposit throughout the
term of the franchise, the sum of Tw(-1-ti-f_vc Thousand Dollars
($25,000) as security :or the faithful perrormance by it of all the
provisions of the franchise, and compliance with all orders, 'permits
and directions of any agency of the City naving jurisdiction o\er
its act or defaults under the franchise, and the payment by the
Grantee of any claims, liens, payments and taxes due the City which
arise by reason of the construction, opera -Lion or maintenance of
the system. The Grantee shall have the right to earn interest on
funds deposited in the Security Fund
(B) Within thirty (30) days after notice to it that any
amount has been withdrawn by the City from the Security Fund pur-
suant to Subsection (A) of this section, tne Grantee shall deposit
a sum of money sufficient to restore such Security Fund to the
original amount.
(C) If the Grantee fails, after ten {10) days notice
to pay_to -..the City any taxes or payments due and unpaid; or, fails
to repay to the City, within such ten (10) days, any damages, costs
or expenses which the City shall be compelled to pay by reason of
any act or default of the Grantee in connection with a franchise;
or fails after thirty (30) days notice of such failure by the City
to comply with any proJision of the franchise which the City reason-
ably determines determines can he remedied by an expenditure of the security,
the city may immediately withdraw the anoa ,t thereof, with interest
-.nd any penalties, fror the Security Fund Iron such aithdrawal,
he City shall hotit% to , Grant-'e of the a-r) Int and date thereof
(p) The EcLuri ,y rued denoca-c_ ,Ju—,uant to this sec-
'ion shall become the p ,-cpert , of the City 21 th , event that a
hiE0 is c3nce1led by icason of tr default of the Grantee or
tor - fuse rhc r3ntee, ho , er, sh311 be entitled to the
urn of ich Scculiti It:ad, or portion thereof, as remains on
, ,Josit At the e rJaraLion of the term (-)f- tnc frinchise, or upon
iii nation of the francnise d an earl ,ci date, provided that
t ,crr , JS then no ouf -s 4 _,.,ndin, ,:cfaul -: en the part of the Grantee
(1) mh( (3ity nay, at its sole discretion, upon Grantee's
sicessful completieri ui sli stem conur_Lion, reduce the Security
rund to a lesser 1-.T( lirca amount 3s set forth an the franchise agree-
icrt, and refund tn._ niffere-e(_ to C],-anter
(t') The ra ,]hts reser‘ea to the City with respect to the
Sccurity runt. are in addition to all other rights of the City whether
resLrved by a franchise or authorized by law, and no action, proceed-
ing or exercise of a right with respcct to such Security Fund shall
affect any other right the City may have
12.6 INDEMNIFICATION TO CITY
(A) By accepting a franchise, Grantee agrees that it
will indemnify the City, any of its officers, employees, committee
members, board members, agents, and/or corsultants against, and
save the Crty, any of its officers, e -mlovees, committee members,
board members, agents and/or consulta-ts harmless from and against
all claims, suits, damages, costs, losses and expenses in any man-
ner, including but not limited to attorney's fees and treble damages
resulting from, arising out of, pertaining to or connected with
(a) the exercise or the enjoyment of such franchise by the Grantee,
(b) the Grantee selection process, (c) the franchise award process
to the Grantee, and (d) any conduct of Grantee undertaken by reason
of this franchise, irrespective of any negligence or fault of the
City, any of its officers, employees, committee members, board mem-
bers, agents, and/or consultants; and further agrees that at the
sole expense of the Grantee, upon demand of the City, made by and
through the City Attorney, that the Grantee would appear in and
defend any and all suits, actions, or other legal proceedings,
whether judicial, quasi judicial, administrative, or otherwise
brought or instituted by any third party against or affecting the
City, any of its officers, committee members, board members, agents,
consultants, and/or employees and arising out of or pertaining to
any of the circumstances .named an (a), (b), (c), or (d) above.
(B) In the event of any where damages are
claimud in excess of One Hundred Thousand Dollars ($100,000) the
Grantee shall upon request of the City immediately secure a bond
with a surety approved by the City, maintain insurance, or give
other security acceptable to the City that will secure to the City
the ability of Grantee to satisfy the indemnification and hold harm-
less provisions of this section. The bond or other security shall
it a minimun, be ncp_al in value to the Iv -Lc-mint of damages claimed,
plu'; reasona17 c(),ts or slit, including attorney's fees
that might bL lwitOc f )c plaintirf(c,
(() It Is Londttioa of any Franchise that the City
I
it (1)1 ,1flOCD P'-)t rety-on of the ftiachise assume aav lia-
'2 1 1L, of the n ,whatsoever f-or injury to persons or damage
,,to)erLy
,flittoa Lclual_Oppoltun_ity ErrJloment
(,( fnc cit n,tng out of Lao reastruction, mainten-
dm_-, (nd opCnaLlOr, r the cable t-JeiLsion system, tne Grantee shall
(_iscrirtflte 1(-_nst am, employee or apDlicant Tor emploiment
IJOC 0 rJrr o color, se\, or nat2oTi -,1 orie j in
(B) The Grant(_e shall take affirmati're action to ensure
that nployees are treatoJ during emplmment, without regard to their
Lace, creed, color, se , or r6,tional origin
ft
(C) The Grantee shall post in conspicuous places avail-
able to employees and applicants for employment, notices setting
forth tne provisions of this non-discriminating clause
(D) The Grantee Shall, in all solicitations or adver-
tisemerts for employees placed by or on behalf of the Grantee state
that all qualified applicants will receive compensation for employ-
ment without regard to race, creed, color, se •-, or national origin
(d) The Grantee shall incorporate the foregoing require-
r-ents in all of its contracts for work relative to construction,
maintenance and operation of the cable television system, other
than contracts for standard commercial supplies or raw materials,
and shall require all of its contractors for such work to incor-
porate such requirements in all subcontracts for such work
Section 14. Adoption of Rules and Regulations
(A) At any time, the Council may adopt reasonable rules,
regulations and standards governing the operation of cable communi-
cations systems in the City, consistent with the provisions of this
Ordinance, and any franchise ordinance Such rules, regulations and
k standards shall apply to and shall govern the operations of the
Grantee of any cable communications franchise, and are expressly
_declared to be apartof any such franchise.
(13) Prior to adopting any-such rule, regulation, or
standard, the Council shall conduct a duly noticed hearing thereon.
At the time set for such hearing, or at any adjournment thereof,
the Council shall proceed to hear any relevant evidence relating
to the matter Thereafter, the Council, by resolution, may adopt,
ar,end or modifl, such rules and regulations
(CI The standards adopted may 4overn the en(,ineering,
construction, instoll?*-ion, service, and muintenance of all cable
communications _- the Cit, incluOlno 1 )1It not limited to
standards goe' ex levels, signal-to-noise ra'ics, hum
•
ru1 t i ,n, s levL 1 s , L ha,in, 1 1 cticns -tnd inter-I eac-
„ .111d CCPPIDC itL hit 1 CVO 113
Section 15 Rnendment of This Oidi,ance and the Franchise
_ _ _ _ _ _ _
The Comncil sh7111 crnnd tni: ccn cc dnd any franchise
therfunde, upon itE own Iati ,pri a - _ho appltcation of a
whene CI arrc-ndmert is riL,-esiv t. enable a 7,rantee to
IL,]1'c Je'elo.Jmnts in telc,11,ion
.dhich 3.-pro ,,e and ut)Llatc (_1)1c communicutlons sei 'ice
in the City, or to comply with any modifications in the Rules of
the ra, Amendments to Section 76 31 of the FCC Rules ciii be
incorporated into this Ordinance uitlin one (1) year of tl -eir
.:?-optic,n or at the time of franchise renc-al, whichever comes
first. No ar-endment_shall be adopted e,cept after full, open
public_hearanqaffordina due process, and no amendment substan-
tially amending the eyisting rights aid oblations of the Grantee
shall be adopted witnout Grantee's corsent.
Section 16. Tenant-Service.
No landlord shall interfere wJ_th the installation of
ca'ple television facilities upon his or her property or premises,
e co -)t that a landlord may require
(A) That the installa,ion of caole television facilities
conform to such reasonable conditions as are necessary to protect
the safety, functioning, and appearance of tne premises, and the
convenience and well-being of other tenants,
(B) That the Grantee or the tenant or a combination
thereof bear the entire cost of the installation, operation, or
removal of such facilities, and
(C) That the Grantee and the -tenant agree to indemnify
the landlord for any damage caused by the installatiol, operation,
or removal of such facilities.
2. No Landlord shall demand or accept payment from any tenant,
in_any form, in exchange -for -permitting cable teleNision services on
or wi-thin -hiz or her propertyof -premises, or from Grantee in ex-
change therefor-in excess of One Dollar ($1.00)
3. -For Purposes of this section "landlord" means the owner,
lessor, or sublessor of a structure or that part of a structure
which is used as a home, residence, or sleening nlace by one person
or by two or more persons marntaininc, a comon household, including
but not limited to sincle family residences, and uns of multiplexes,
apartment builCings and mobile homes
Sectio ,1 .17 k 7 I r 1 at ior s
(A) I ,r 11 be ,,nlawf_ul for any 1,0 ,-son to co ,17,truct,
install or mair -r,,n w,-hin any public riht-o'-wj in the City, or
0.6?
'$)
I L 1, public ,)repf Ltv oi th - Cit , cat withia any priwately -
,a JAI Ci t , picome a Public rigt -
) -wa_ but is d(slylitec oi ('elincatec as a --)roposed public right -
-a, any tcav—iti ,e sabditilsion nip appro\cd by the Cit ,„
caii)dent. ot facilities ,a)i Lstributi ar: television sig, als or
L(' S c,nals thruticin a (able eom ,r,urica f _,-)ls s'sLem, unlrss a fr,,r -
(hise o ' such st -cet OL 'Dio)erty 0 - 1..-0:11 has
st obtlinea pursuan LO the pro ,isiDns of this Ordiaace,
tic 11 1_5' such francnisc I,in ull 'o cc a effect
(2) It ,,, dll be uniaqfui :er a -_ sor, iiir or ceopor -
atior to ,,ake o use any unauthorized connection, whether physically,
elece -ically, acoustically, imucti'lely or otherwise itb any part
of an cable communications syster,witnia ths City for the purpose
of enabling hirself or others to recei;e or use any television sig-
nal, radio signal, picture, program, sound, information or other
--s/stc!, service without payment to the o ,mer c said system.
(C) It shall be unlawful for any person, without the
consent of the Grantee, to willfully tamper itl, remove or injure
any cables, wires or equipment used for distribution of television
signals, radio srgnals, -pictures, programs, sound, information,
data er -other -system—service.
(D) ?ny Person who is con-icLec 0: violatinc or failing
to comply with any of the provisions of tl1J_s scce.Lon shall he pun -
!, ished ey a fine of not more tnan Five Hundred Dollars ($500) and/or
one hundred eighty (180) days in jail
Section 18 Fines and Penalties The City may levy fines
and other penalties for failure to comply with the provisions of
this Ordinance and the franchise agreement, ln accordance with the
provisions of this Ordinance
4 1
Section 19 Severability. If any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held illegal,
imalid, or unconstitutional by the decision of any court of competent
-jurisdiction, such decision shall not affect the validity of the re-
ma1ninr1 portion hereof. The Council hereby declares that it would
have approved thrs Ordinance -and each sectron, subsection, sentence,
_clause or,-Thmase hereof, irrespective of the fact that any one or
more -ections, subsectrons,-sentences, clauses or -phrases be declared
invalid or unconstitutional. The invalidity of any portion
of this Ordinance shall not abate, reduce or otherwise affect any
consideration or other obligation required of the Grantee of any fran-
chise granted hereunder.
Section 20 Notices. Every direction, notice, or order
required by this Ordinance or any ordinance or resolution hereunder
to be served upon a Grantee shall be hand delivered or depocited
vith the Unite(.. States Postal Service and addressed to the local
'Dftice describeC in qection 10 (C) of this 0 ,-dinan(e Grantee
shall provide tr ,e ,ity gel with written iotice of Lne street
address and ivai Ii - add-ess (1 such offic ,-- o-d eif any qubsequeqt
changes theret. Eve/ totice to be E,ei upon tne (Icy shall be
4TTEST:
---6,-.
lya- ells, City Clerk
ED S T7 FOTN
_ --
7\ttorney re
doli ,cred or sent by certified mai1, to th ity lanutier at City
Hall, City of Pasco The del ivei} `,.,1(11 111 be (.1(_ CP1Cd to ha \.
becn a Lhe tlrfle of receipt
Soction 21 _
(lcyiation ma be made fiat,' th, ", iLdanance
LvcrOt n u- tIc approal of the City ' Dy /
Louuil shall ha'e the rit i nt to e, r th CL 1iout con( I-
L lon:;, any reduirement set forth 1,(-1-L_ tht c,,Leria
's
rounds for variance or waive! ;Jr e or 7101:( of tho foil
standu rds may suffice)
The granting of the walier not conflict with the
geoell intent of tnis Ordinance
2 _Special circumstances applicable to the C-rritee
3 Changes in technology or other circumstances making the
requirement impractical, inconvenient, unduly burdensome or unnecessary.
t
4. A _waiver is in the public interest
he failure of the City to insist, in arv one or toor ,1: instances,
upon a strict performance of any o - o: this. Ordinance,
or to e,%ercise any rignt herein cort:__ s -all rot be construed as
a wa]%er, or a relinquislment for tie of such requirem.z.mt , but
the same shall continue and remain in f_1 1 force and effect A T,iaiver
by the City Council by resolution of any soecific requirement herein
does not constitute a waiver of any ether requirement
Section 22. Effective Date The City Clerk shall cause this
Ordinance to be published in the manrcr iDrescrioed by law This
Ordinance shall be in full force and effect from and after the expir-
ation of five (5) days from the date of -ts final passace
PASSED by the City Council anu ap --;roved by Mayor this
, 1.983.7- :7
/ fa
Sniaer, Ma or
day of
-40-
.0
PASCO CABLE FRANCHISE ORDINANCE
WITH
MICRO-CABLE COMMUNICATIONS CORPORATION
TABLE OF CONTENTS
Section Title Page
1 Short Title 2
2 Grant of Franchise 2
3 Franchise General Terms and Conditions 2
4 Franchise Recision Requirements 3
5 Permits, Licenses and Authorizations 3
6 Construction Schedule 3
7 Undergrounding of CATV Lines 4
8 Emergency Power 4
9 Line Extension 4
10 System Outage and Subscriber Complaint 4
Service
11 Local Origination and Access 5
12 Emergency Alert - Audio/Video Override 6
13 Franchise Fee/Occupational License Tax 6
14 Security Fund and Faithful Performance Bond 7
14(a) Security Fund 7
14(b) Faithful Performance Bond 7
15 Provisions Relating to Merger of Grantee 8
16 Severability 8
17 Notices 8
18 Effective Date 8