Chapter 10
COMMUNITY
ANTENNA TELEVISION[1]
Art.
I. Definitions, § 10-1—10-4
Art.
II. Procedures for Granting,
Renewing Transferring, Acquiring Cable
Television
License, §§ 10-5—10-19
Art.
III. License Requirements, §§
10-20—10-34
Art.
IV. Construction Requirements, §§
10-35—10-44
Art.
V. Regulations For City Streets,
Rights of Way, §§ 10-45—10-54
Art.
VI. Customer Service Provisions,
§§ 10-55—10-69
Art.
VII. Administration and
Enforcement, §§ 10-70—10-86
ARTICLE
I. DEFINITIONS
Sec.
10-1. Definitions.
For
the purposes of this chapter, the following terms, phrases, words,
abbreviations and their derivations shall have the meaning given herein unless
they are defined differently in a license, in which case for that license the
definition set forth therein shall apply.
When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. All references to days shall mean calendar
days, unless otherwise specified.
(1) Access
channel shall mean a channel dedicated in whole or in part for local
noncommercial programming which is not originated by a cable company; provided
that such local programming shall not include (i) the retransmission of local
television broadcast signals or (ii) programming produced by persons
unaffiliated with the cable company under the provisions of Section 612 of the
Cable Act.
(2) Basic
service shall mean any service tier which includes the retransmission of
local television broadcast signals. Each
such tier shall include all access channels, as defined in Section 611 of the
Cable Act.
(3) Cable
act shall mean the Cable Communications Policy Act of 1984, as amended,
including the Telecommunications Act of 1996 ("1996 Act").
(4) Cable
services shall be defined as the one-way transmission to subscribers of
video programming and other programming services, together with subscriber
interaction, if any, which is required for the selection or use of such
programming and programming services that the licensee makes available to all
subscribers generally.
(5) Cable system
shall mean a facility consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is
designed to provide cable services which includes video programming and which
is provided to multiple subscribers within the city (as hereinafter defined),
but such term does not include:
a. A facility that serves only to retransmit the television
signals of one or more television broadcast stations;
b. A facility that serves subscribers without
using any public right of way;
c. A facility of a common carrier which is subject, in whole or in
part, to the provisions of Title II of the Communications Act of 1934, except
that such facility shall be considered a cable system to the extent such
facility is used in the transmission of video programming directly to
subscribers; or
d. Any facility of an electric utility used solely for operating
its electric utility systems.
(6) Change
of service shall mean all requests by existing subscribers for
modifications to their cable service, including without limitation additions or
deletions of premium services, additional outlets, remote controls and FM
service. Such term shall not include,
initial installation of basic cable service, total disconnection of basic cable
service or service calls.
(7) City
shall mean the City of
(8) City
council shall mean the present governing body of the city or any future
council constituting the legislative body of the city.
(9) Completion
of construction or complete system
construction shall mean "satisfactorily complete" and "fully
activate." In each instance, these terms shall mean that strand has been
put up and all necessary cable (including trunk and feeder cable) has been
lashed—or, for underground construction, that all cable has been laid and
trenches refilled, all road surfaces restored and, except as prevented by
weather conditions or delayed because of seasons, landscaping restored; that
all amplifier housings and modules have been installed; that power supplies
have been installed; that construction of the headends or hubs has been
completed and all necessary processing equipment has been installed; and that
any and all other construction necessary for the cable system to be ready to
deliver cable service to subscribers has been completed. Final balancing shall have been conducted on
each otherwise completed segment of the cable system before direct marketing of
that segment begins. It is expected that
segments of less than the entire cable system will be activated and final
balanced when completed. Construction of
any segment or of the entire cable system will not be considered complete until
final balance has been conducted on such segment (or in the case of the entire
cable system, until final balancing and proof of performance tests have been
conducted on all segments of the cable system) and any problems found during
testing have been corrected. The term
"completion of construction" does not include marketing and installation
of subscriber service.
(10) Gross
revenues shall be defined as in A.R.S. § 9-505(6), unless otherwise
defined in a license granted by the city.
(11) Initial
activation of cable service or initially
providing cable service shall mean with respect to a particular segment (as
defined in any license issued hereunder), or with respect to a group of
segments or the entire cable system, as the case may be, that, all proposed
cable services and cable system capabilities as stated in the license are
available or in place, construction has been completed (see above definition of
construction) and the completed segment or segments in question or the entire
cable system, as the case may be, have been activated.
(12) Initial
license shall mean a license sought by, or granted to, a person who does
not hold a license.
(13) License
shall mean any authorization granted under this chapter in terms of a
privilege, permit, license or otherwise to construct, operate and maintain a
cable system in the city, including initial licenses and renewal licenses (as hereinafter
defined). Any such authorization, in
whatever term granted, shall not mean and include any license or permit
required for the privilege of transacting and carrying on a business within the
city in accordance with Article II of Chapter 16.
(14) Licensee
shall mean the person, firm or corporation to whom or which a license is
granted by the city council under this chapter, and the lawful successor,
transferee or assignee of said person, firm or corporation.
(15) Local
origination programming shall mean video programming locally produced by a
licensee.
(16) Normal
business hours means those hours during which most similar business in the
city are open to serve subscribers. In
all cases, "normal business hours" must include some evening hours at
least one night per week and some weekend hours.
(17)
(18) Outage
shall exist whenever licensee's cable system experiences three (3)
subscriber complaints within any sixty (60) minute period of "no
picture" within the same quarter section.
(19) Person
shall mean an individual, partnership, corporation, association, joint venture
or organization of any kind and the lawful trustee, successor, assignee,
transferee or personal representative thereof.
(20) Property
of licensee shall mean all property owned, installed or used by a licensee
in the conduct of a cable system business in the city under the authority of a
license granted pursuant to this chapter.
(21) Proposal
or application shall refer to a
response by a qualified cable company in accordance with city specifications to
provide cable services to residents, businesses, industries and institutions
within the city.
(22) Renewal
license shall mean a license sought by, or granted to, a cable company
already providing cable services in the city.
(23) Service
call shall result when service problems occur relating to: (i) any "no
picture" complaint, (ii) a degraded signal or picture on one or more
channels, (iii) property damage by licensee's employees or authorized
contractors, or (iv) in-house cable equipment problems.
(24) Standard
drop shall mean a cable connection which requires no more than a one
hundred fifty (150) foot drop measured from the nearest point of a subscriber's
home or place of business to the nearest active tap on the cable system,
involves only one outlet and standard materials, and does not involve a wall
fish. In addition, a "standard drop"
shall exclude custom installation work, including specific subscriber requested
work that requires non-standard inventory or cable routing requiring
construction methods exceeding reasonable underground or aerial work.
(25) Street
or public street shall mean only a
street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or
drive which is owned by a public entity in fee or as to which a public easement
has been dedicated for street purposes, and with respect to which, and to the
extent that, city has a right to grant the use of the surface of, and space
above and below in connection with a license for a cable system, or other
compatible uses.
(26) Subscriber
shall mean any person or entity receiving for any purpose the cable
television service of a licensee's cable system.
(27) Two-way
communication shall mean the transmission of telecommunication signals from
subscriber locations or other points throughout the cable system back to the
cable system's control center as well as transmission of signals from the
control center to subscriber locations.
(28) User
shall mean a party utilizing a cable system channel for purposes of
production or transmission of material to subscribers, as contrasted with
receipt in a subscriber capacity.
(29) The terms "will be available,"
"will be equipped," "will use," "will be
designed," "will perform," "will be utilized,"
"will permit," "will allow," "will be activated,"
"will be initially connected," "will be capable,"
"will provide," "will include," "will employ,"
"will be established," "will be able," "will be
implemented," "will be delivered," "will utilize," and
other similar uses of terms of a licensee's proposal denoting the activation of
cable service, shall be interpreted to mean delivery or accomplishment at a
date no later than the initial activation of cable service (as defined in this
section) unless otherwise expressly and clearly stated or qualified in the
licensee's proposal to mean a more specific or different time.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97; Ord. No. 2007.39, 6-28-07)
Secs.
10-2—10-4. Reserved.
ARTICLE
II. PROCEDURES FOR GRANTING, RENEWING,
TRANSFERRING
AND ACQUIRING CABLE TELEVISION LICENSES
Sec.
10-5. Require a license to operate.
A
non-exclusive license to construct, operate and maintain a cable system within
all or any portion of the city is required of anyone desiring to provide cable
television service in the city. A license may be granted by the city council to
any person, whether operating under an existing license or not, who offers to
furnish and provide such cable system under and pursuant to the terms and
provisions of this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-6. Violations for not having a
license.
(a) From and after the effective date of this
chapter, it shall be unlawful for any person to establish, operate or to carry
on the business of distributing to any persons, in this city any television
signals or radio signals by means of a cable system unless a license therefore has
first been obtained pursuant to the provisions of this chapter, and unless such
license is in full force and effect.
(b) From and after the effective date of this
chapter, it shall be unlawful for any person to construct, install or maintain
within any public street in the city, or within any other public property of
the city, or within any privately-owned area within the city which has not yet
become a public street but is designated or delineated as a proposed public
street on any tentative subdivision map approved by the city, any equipment or
facilities for distributing any television signals or radio signals through a
cable system, unless a license authorizing such use of such street or property
or area has first been obtained pursuant to the provisions of this chapter, and
unless such license is in full force and effect.
(c) It shall be unlawful for any person to make
any unauthorized connection, whether physically, electrically, acoustically,
inductively or otherwise, with any part of a licensed cable system within this
city for the purpose of enabling him or herself or others to receive any
television signal, radio signal, picture, program or sound, without the
permission of the licensee.
(d) It shall be unlawful for any person, without
the consent of the licensee, to willfully tamper with, remove or injure any
cables, wires or equipment used for distribution of television signals, radio
signals, pictures, programs or sound.
(e) Any person violating any part of this
section shall be guilty of a class one misdemeanor.
(Ord. No. 91.33, 10-17-91)
Sec.
10-7. Authorization to engage in
business.
(a)
Any
license granted pursuant to the provisions of this chapter shall authorize and
permit the licensee to engage in the business of operating and providing a
cable system in the city, and for that purpose to erect, install, solicit,
construct, repair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public street, such poles, wires, cable,
conductors, ducts, conduit, vaults, manholes, amplifiers, appliances,
attachments and other property as may be necessary and appurtenant to the cable
system. Licensee may also so use,
operate and provide similar facilities or properties rented, licensed or leased
from other persons, firms or corporations, including but not limited to any
public utility or other licensee licensed or permitted to do business in the
city; provided, however, that neither the licensee nor the third party shall be
relieved of any regulation or obligation as to its use of such facilities in
the streets.
(b) Nothing in this chapter shall be deemed to
prevent a licensee from engaging in the provision of any telecommunications
service (as defined in the 1996 Act) authorized or permitted by applicable
federal or state law or regulation or to impose any requirement that has the
purpose or effect of prohibiting, limiting, restricting or conditioning the
provision of telecommunications service by a licensee or its affiliates (as
defined in the 1996 Act). Insofar as it
is not inconsistent with or otherwise preempted by federal or state
regulations, the license shall grant the right and privilege to the licensee to
provide non-cable communications services.
The city council shall retain all authority to regulate non-cable
communication services to the extent necessary to protect the public interest
and to ensure compliance with all provisions of this chapter.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-8. Limitations of license.
(a) Any
license granted under this chapter shall be nonexclusive.
(b) Any privilege claimed under any license by
the licensee in any public street or other public property shall be subordinate
to any prior or subsequent lawful occupancy or use thereof by the city or any
other governmental entity, shall be subordinate to any prior lawful occupancy
or use thereof by any other person, and shall be subordinate to any prior
easements therein; provided, however, that nothing herein shall extinguish or
otherwise interfere with property rights established independently of any
license issued pursuant to this chapter.
(c) Any right or power in, or duty imposed
upon, any officer, employee, department or board of the city shall be subject
to transfer by the city to any other officer, employee, department or board of
the city.
(d) A licensee shall be subject to all
requirements of city's rules, regulations and specifications heretofore or
hereafter enacted or established, and shall comply with all applicable state
and federal laws and regulations heretofore or hereafter enacted or
established. There is hereby reserved to
the city the power to amend any section of this chapter so as to require
additional or greater standards of construction, operation, maintenance or
otherwise pursuant to the city's lawful police powers or as provided in the
license.
(1) If any state or federal law or regulation shall require the
licensee to perform any service, or shall permit the licensee to perform any
service, or shall prohibit the licensee from performing any service, in
conflict with the terms of its license or any law or regulation of the city,
then as soon as possible following knowledge of such conflict, the licensee or
the city shall notify the other party of the conflict believed to exist between
such state or federal law or regulation and the laws or regulations of the
city.
(2) If
the city council determines that a material provision of this chapter is
affected by any subsequent action of the state or federal government, the city
council shall have the right to modify any of the provisions herein to such
reasonable extent as may be necessary to carry out the full intent and purposes
of this chapter consistent with state or federal law.
(f) Any license granted shall not relieve the
licensee of any obligation involved in obtaining pole space from any department
of the city, utility company or from others maintaining poles in streets.
(Ord. No. 91.33, 10-17-91)
Sec.
10-9. Acquisition by city.
(a) In accordance with Section 627 of the Cable
Act, if a renewal of a license held by a licensee is denied and the city
acquires ownership of the cable system or effects a transfer of ownership of a
cable system to another person, any such acquisition or transfer shall be at
fair market value, determined on the basis of the cable system valued as a
going concern but with no value allocated to the license itself.
(b) If a license held by a licensee is revoked
for cause and the city acquires ownership of the cable system or effects a
transfer of ownership of the cable system to another person, any such acquisition
or transfer shall be at an equitable price.
Under the term "equitable price," such matters as the harm to
the community resulting from the licensee's breach of the license may be
considered in determining the appropriate price. No payment shall be made by the city to the
licensee that would include a value attributed to the license itself.
(c) The value of a cable system (fair market
value or equitable price) shall be determined by an appraisal committee
consisting of three (3) disinterested appraisers. The appraisal process shall be conducted in
accordance with the following procedures:
(1) Each party shall appoint an appraiser within thirty (30) days
after the city sends notice initiating appraisal proceedings. The two (2) appraisers shall select a third
appraiser within thirty (30) days after selection of the second appraiser. If the two (2) appraisers are unable to agree
on the appointment of a third appraiser within such thirty (30) day period,
either the city or the licensee may petition the judge of the Maricopa County
Superior Court, acting in his or her individual capacity, for the selection of
a third appraiser;
(2) Each party shall bear the cost of its own appraiser and one-half
(1/2) of the cost of appointing the third appraiser and of paying the third
appraiser's fee. The third appraiser,
however selected, shall be a person who has not previously acted in any
capacity for either the city or the license; and
(3) Within thirty (30) days after selection of the third appraiser,
the appraisers shall meet and set the value of the cable system consistent with
the requirements of this section.
(d) Upon the termination of a license and the
rights granted thereunder, whether by expiration or forfeiture, the city
council may direct and require the licensee as provided in § 10‑47
to remove its wires, cables, fixtures and accessories and appurtenances from
the streets. To this accomplishment, if directed, the city shall make a claim
on the letter of credit as prescribed in § 10-73.
(Ord. No. 91.33, 10-17-91)
Sec.
10-10. Rights reserved to the city.
(a) Nothing herein shall be deemed or construed
to impair or affect, in any way, to any extent, the right of the city to acquire
the property of the licensee, by purchase, at fair market value, which shall
not include any amount for the license itself or for any of the rights or
privileges granted, and nothing herein contained shall be construed to contract
away or to modify or abridge, either for a term or in perpetuity, the city's
right of eminent domain at fair market value.
(b) There is hereby reserved to the city every
right and power which is required to be herein reserved or provided by any
provision of the city code, and a licensee shall comply with any action or
requirements of the city in its exercise of such rights or power heretofore or
hereafter enacted or established.
(c) Neither the granting of any license
hereunder nor any of the provisions contained herein shall be construed to
prevent the city from granting any identical, or similar, license to any other
person, firm or corporation, within the city.
(d) Neither the granting of any license nor the
enactment of any provision in this chapter shall constitute a waiver or bar to
the exercise of any governmental right or power of the city, now existing or
hereafter granted.
(e) The city council may do all things which
are necessary and convenient in the exercise of its jurisdiction under this
chapter and may, through the city manager (or the city manager's designee) or
through its own action, adjust, settle, compromise or otherwise resolve,
pursuant to §§ 10-76 and 10-77, any controversy or charge arising from the
operations of any licensee under this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-11. Applications for initial license,
content.
Each
application for an initial license to construct, operate or maintain any cable
system in the city shall be filed with the office of the city clerk and shall
be on forms prescribed by the city. Said
forms shall require, but shall not be limited to, the following information:
(1) The
name, address and telephone number of the applicant;
(2) A
detailed statement of the corporation or business entity organization of the
applicant, including but not limited to, the following and to whatever extent
required by the city:
a. The names, residence and business
addresses of all officers, directors and associates of the applicant;
b. The names, residence and business addresses of all officers,
persons and entities having a one percent (1%) or larger share of the ownership
of the applicant and the respective ownership share of each such person or
entity;
c. The names and addresses of any parent or subsidiary of the
applicant, namely, any other business entity owning or controlling applicant in
whole or in part or owned or controlled 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 systems owned or controlled by the
applicant, its parent and subsidiary and the areas served thereby;
d. A detailed and complete financial statement of the applicant,
certified by an independent certified public accountant, for the fiscal year
next preceding the date of the application hereunder, and a letter or other
acceptable evidence in writing from a recognized lending institution or funding
source, addressed to both the applicant and the city council, setting forth the
basis for a study performed by such lending institution or funding source, and
a clear statement of its intent as a lending institution or funding source to
provide whatever capital shall be required by the applicant to construct and
operate the proposed cable system in the city, or a statement from an
independent certified public accountant, certifying that the applicant has
available sufficient free, net and uncommitted cash resources to construct and
operate the proposed cable system in this city;
e. A detailed financial plan (pro forma) describing for each year
of the initial license, projected number of subscribers, rates, all revenues,
operating expenses, capital expenditures, depreciation schedules, income
statements and sources and uses of funds statement. All information is to be presented in the
format required by the city; and
f. A statement identifying, by place and date, any other cable
system license(s) awarded to the applicant, its parent or subsidiary; the
status of said license(s) with respect to completion thereof; the total cost of
completion of such licensed cable system(s); and the amount of applicant's and
its parent's or subsidiary's resources committed to the completion thereof;
(3) A
detailed description of the proposed plan of operation of the applicant which
shall include, but not be limited to, the following:
a. A detailed map indicating all areas proposed to be served, and
a proposed time schedule for the installation of all equipment necessary to
become operational throughout the entire area to be serviced;
b. A statement or schedule setting forth all proposed
classifications of rates and charges to be made against subscribers and all
rates and charges as to each of said classifications, including installation
charges and cable service charges;
c. A detailed, informative and referenced statement describing the
actual equipment and operational standards proposed by the applicant;
d. A copy of the form of any agreement, undertaking or other
instrument proposed to be entered into between the applicant and any
subscriber; and
e. A detailed statement setting forth in its entirety any and all
agreements and undertakings, whether formal or informal, written, oral or
implied, existing or proposed to exist between the applicant and any person,
firm or corporation which materially relate or pertain to or depend upon the
application and the granting of the license;
(4) A
copy of any agreement covering the license area, if existing between the
applicant and the local telephone or electric utilities providing for the use
of any facilities of the utility including but not limited to poles, lines or
conduits; and
(5) Any
other details, statements, information or references pertinent to the subject
matter of such application which shall be required or requested by the city
council, or by any other provision of law.
(Ord. No. 91.33, 10-17-91)
Sec.
10-12. Fees for initial license.
Upon
demand of the city, any licensee under an initial license, upon execution of
such initial license, shall reimburse all expenses, including, but not limited
to, any and all administrative, engineering, publication or legal costs and
consultants' expenses incurred in connection with the processing, evaluation
and preparation of documents relating to the initial license. The city shall document all such expenses by
invoice.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-13. Selection of licensee under an
initial license.
(a) Solicitation
of proposals. The city may, by
advertisement or any other means, solicit and call for applications for cable
system licenses, 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 must be
received, or the date after which the same shall not be received, and may make
any other determinations and specify any other times, terms, conditions or
limitations respecting the soliciting, calling for, making and receiving of
such applications. The terms and
conditions for application shall be described in a document called
"request for proposals".
(b) Unsolicited
proposals. The city upon receipt of
an unsolicited application for an initial license may by advertising or other
means solicit and call for competing applications pursuant to subsection (a),
or may, in its sole discretion, reject such application as untimely.
(c) Compliance
with city requirements. Any person, firm or corporation submitting a
proposal for an initial license to operate a cable system in response to the
city's request for proposals shall provide all information required by this
chapter and all other information requested by city's request for proposals or
otherwise required by the city. Each
proposal shall be responsive to the questions soliciting the information, and
shall completely, accurately and materially supply all of the information so
solicited. Any misrepresentation, failure, neglect or refusal to provide any of
such information may, at the option of the city, render a proposal invalid. The
requested information must be complete and verified as true by the applicant.
(d) Property
of city. All proposals received by
the city from an applicant shall become the sole property of the city.
(e) Applicant
responsibility. Before submitting a
proposal, each applicant shall be solely responsible for and must:
(1) Examine all regulatory chapters and the request for proposals
documents thoroughly;
(2) Be familiar with local conditions which may in any manner affect
performance under the license, including, but in no event limited to, community
and institutional telecommunication needs, relevant demographics, topographies,
pole attachment policies of appropriate utility authorities, undergrounding and
subscriber desires;
(3) Be familiar with all applicable federal, state and local laws,
chapters, rules and regulations affecting performance under the license; and
(4) Carefully correlate all observations with the requirements of
this chapter and the request for proposals documents.
(f) Referral
to city manager. Upon receipt of any application for an initial license,
the city council shall refer the same to the city manager, who shall prepare or
cause to be prepared a report, including recommendations respecting such
application, and cause the same to be completed and filed with the city
council. The city will evaluate all
proposals that are submitted. All
applicants that have met the city's qualifications in the request for proposals
and have submitted proposals on the required forms will be offered the
opportunity to make a formal presentation to the city council in support of
their applications.
(g) Investigations. The city may make such investigations as
it deems necessary to determine the ability of the applicant to perform under
the license, and the applicant shall furnish to the city all such information
and data for this purpose as the city may request.
(h) Rejection. The city may reject any and all
applications from whatever source and whenever received and the city also
reserves the right to waive all formalities where the best interest of the city
may be served, and may, if it so desires, request new or additional proposals.
(i) Public
comment. If, upon receiving the city
manager's report, the city council shall determine to further consider the
applications, it shall pass a resolution setting a public hearing for the
consideration of applications; fixing and setting forth a day, hour and place
certain when and where any persons having any interest therein or who wish to
file objections may file written comments and appear before the city council
and be heard, and directing the city clerk to publish said resolution at least
once within ten (10) days of the passage thereof in a newspaper of general
circulation within the city.
(j) Consideration.
In making any determination
hereunder as to any application for an initial license, the city may consider
any and all factors relevant to significant interests of the community in cable
television including, but not limited to the quality of the cable services
proposed, areas to be served, rates to subscriber, income to the city, experience,
character, background and financial responsibility of any applicant, and its
management and owners, technical and performance quality of equipment,
willingness and ability to meet construction and physical requirements, to meet
all requirements set forth in this chapter, and to abide by all policy
conditions, license limitations and requirements, and all other matters deemed
pertinent by the city for safeguarding the interests of the city and the
public.
(k) Determination. At the time set for the hearing on
applications for initial licenses, or at any adjournment thereof, the city
council shall proceed to hear all comments.
Thereafter, the city council shall make one of the following
determinations:
(1) That such application be denied, which determination shall be
final and conclusive; or
(2) That such license be granted and the terms and conditions
thereof.
No
provision of this chapter shall be deemed or construed so as to require the
granting of an initial license.
(l) Additional
information. The city council may at any time demand and applicant(s) shall
provide such supplementary, additional or other information as the city may
deem reasonably necessary to determine whether the requested license should be
granted.
(m) Awards
based on public record. It is the intention of the city to award any
initial license solely on the basis of the public record. To this end, communication with the city
council by those wishing to submit proposals for an initial license should be
limited to public sessions. Requests for information should be directed to the
office of the city manager.
(n) City
council decisions shall be final. Any decision of the city council
concerning award of an initial license pursuant to this chapter shall be final.
(Ord. No. 91.33, 10-17-91)
Sec.
10-14. Duration of license and renewal.
(a) The duration of the rights, privileges and
authorizations granted in a license shall not exceed twenty-five (25) years from
the date a license is awarded. A license
may be renewed by the city upon application of the licensee pursuant to the
procedure established in subsection (b) of this section and in accordance with
the then applicable law.
(b) Renewal.
(1) During the six (6) month period which
begins with the thirty-sixth month before the license expiration, the city may
on its own initiative, and shall at the request of the licensee, commence
proceedings which afford the public appropriate notice and participation for
the purpose of:
a. Identifying the
future cable-related community needs and interests; and
b. Reviewing the
performance of the licensee under the license during the then current license
term.
(2) a. Upon
completion of a proceeding under subsection (b)(1) of this section, the
licensee seeking renewal of a license may, on its own initiative or at the
request of the city, submit a proposal for renewal.
b. Subject
to Section 624 of the Cable Act, such proposal shall contain such material as the
city may require, including proposals for an upgrade of the cable system.
c. The
city may establish a date by which such proposal shall be submitted.
(3) a. Upon submittal by the licensee of a
proposal to the city for the renewal of the license, the city may provide
prompt public notice of such proposal and, during the four (4) month period
which begins on the completion of any proceedings under subsection (b)(1),
renew the license or, issue a preliminary assessment that the license should
not be renewed and, at the request of the licensee or on its own initiative, commence an administrative
proceeding, after providing prompt public notice of such proceeding, in
accordance with paragraph (3)(b) to consider whether:
i. The
licensee has substantially complied with the material terms of the existing
license and with applicable law;
ii. The
quality of the licensee's service, including signal quality, response to
consumer complaints and billing practices, but without regard to the mix, quality
or level of cable services or other services provided over the cable system,
has been reasonable in light of community needs;
iii. The
licensee has the financial, legal and technical ability to provide the
services, facilities and equipment as set forth in the licensee's proposal; and
iv. The
licensee's proposal is reasonable to meet the future cable-related community
needs and interests, taking into account the cost of meeting such needs and
interests.
b. In any
proceeding under paragraph (3)(a), the licensee shall be afforded adequate
notice and the licensee and the city or its designee, shall be afforded fair
opportunity for full participation, including the right to introduce evidence
(including evidence related to issues raised in the proceeding under subsection
(b)(1), to require the production of evidence and to question witnesses. A transcript shall be made of any such
proceeding.
c. At the
completion of a proceeding under this subsection, the city shall issue a
written decision granting or denying the proposal for renewal based upon the
record of such proceeding, and transmit a copy of such decision to the
Licensee. Such decision shall state the
reasons therefor.
(4) Any denial of a proposal for renewal shall
be based on one or more adverse findings made with respect to the factors
described in subparagraphs (i) through (iv) of paragraph (3)(a), pursuant to
the record of the proceeding under paragraph (3). The city may not base a denial of renewal on
a failure to substantially comply with the material terms of the license under
paragraph (3)(a)(i) or on events considered under paragraph (3)(a)(ii) unless
the city has provided the licensee with notice and the opportunity to cure, or
in any case in which it is documented that the city has waived its right to
object, or has effectively acquiesced.
(5) Any licensee whose proposal for renewal has
been denied by a final decision of the city made pursuant to this section, or
has been adversely affected by a failure of the city to act in accordance with
the procedural requirements of this section, may appeal such final decision or
failure pursuant to the provisions of Sections 626 and 635 of the Cable Act.
(6) Notwithstanding the provisions of
paragraphs (1) through (5) of subsection (b) of this section, the licensee may
submit a proposal for the renewal of the license pursuant to this subsection at
any time, and the city may, after affording the public adequate notice and
opportunity for comment, grant or deny such proposal at any time (including
after proceedings pursuant to this section have commenced). The provisions of paragraphs (1) through (5)
of subsection (b) of this section shall not apply to a decision to grant or
deny a proposal under this subsection.
The denial of a renewal pursuant to this subsection shall not affect
action on a renewal proposal that is submitted in accordance with paragraphs
(1) through (5) of subsection (b) of this section.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-15. Transfers and assignments.
(a) A license shall not be sold, assigned or
transferred, either in whole or in part, or leased, sublet or mortgaged in any
manner, nor shall title thereto, either legal or equitable or any right,
interest or property therein, pass to or vest in any person, except an
affiliate or subsidiary of licensee, without prior written consent of the city,
which consent shall not be unreasonably withheld. Such consent shall not be required for a
transfer in trust, mortgage, or other hypothecation in whole or in part to
secure an indebtedness. The proposed
assignee must show the transfer will not cause any increased risks of
nonperformance of the license or any loss to the city of its bargained for
consideration in the license. The
assignee's showings must at a minimum detail facts sufficient to show the
assignee's technical ability, financial capability, legal qualifications and
general character qualifications and such other qualifications as determined by
the city and the assignee must agree to comply with all provisions of the
license.
(b) Except for a transfer to an affiliate or
subsidiary of licensee, no change, transfer or acquisition of control of the
licensee shall occur without prior written consent of the city, which consent
shall not be unreasonably withheld. The
licensee shall promptly notify the city of any actual or proposed change in, or
transfer to, or acquisition by any other party, of control of the
licensee. The word "control"
as used herein is not limited to major stockholders but includes actual working
control in whatever manner exercised.
(c) A non-rebuttable presumption that transfer
of control has occurred shall arise upon the acquisition or accumulation by any
person, or group of persons, of more than fifty percent (50%) of the voting
interest of the licensee or of the person exercising management authority over
the licensee.
(d) Except in the case of an assignment of the
license to an affiliate or subsidiary of licensee, upon written notification by
the licensee to the city of a proposed assignment of the license, or transfer
of control of ownership of the licensee company, the council shall direct the
city manager to issue, and the city manager shall issue, his written notice
fixing and setting forth the day, hour and place certain when and where any
persons having any interest therein may appear and be heard. The city clerk
shall cause such notice to be published in a newspaper of general circulation within
the city. The city clerk also shall
cause a copy of such notice to be mailed to the licensee at least ten (10) days
prior to the date specified for the hearing.
At the time set for such hearing, or at any adjournment thereof, the
city manager shall proceed to hear the matter. Following the close of such
hearing, the city manager shall prepare and file with the council his report of
the hearing, his findings and an opinion containing his recommendations and the
reasons therefor. If after the expiration
of ten (10) days following receipt of the city manager's report and opinion,
the council shall find that the assignment of the license or transfer of
control or ownership of the licensee company will not be detrimental or
injurious to the best interests and welfare of the subscribers and users, and
of the city, then the council by resolution, or by ordinance if the licensee is
a corporation, shall consent to the assignment of the license or transfer of
control or ownership of the licensee company.
Such resolution or ordinance shall thereupon become and shall be a part
of any license granted under this chapter and affected thereby.
(e) The consent or approval of the city council
to any transfer of a license shall not constitute a waiver or release of the
rights of the city in and to the streets, and any transfer shall, by its terms,
be expressly subordinate to the terms and conditions of the license.
(f) In the absence of extraordinary
circumstances, the city council will not approve any transfer or assignment of
a license within three (3) years of and in no event prior to substantial
completion of construction of a proposed cable system.
(g) The city may reserve in the license a right
of first refusal to purchase a licensee's cable system.
(h) In no event shall a transfer of ownership
or control be approved without the successor-in-interest becoming a signatory
to the license.
(Ord. No. 91.33, 10-17-91)
Secs.
10-16—10-19. Reserved.
ARTICLE
III. LICENSE REQUIREMENTS
Sec.
10-20. Incorporation of proposal by
reference.
(a) Upon award of a license pursuant to this
chapter, a licensee shall agree to be bound by all the terms and conditions
contained herein.
(b) A licensee under an initial license also
agrees to provide all of the cable services specifically set forth in its
proposal, to provide cable services within the confines of the city and by its execution
of the initial license, the licensee specifically agrees that its proposal is
thereby incorporated by reference and made a part of the initial license. In the event of a conflict between such
proposal and the provisions of this chapter and the applicable initial license,
that provision which provides the greatest benefit to the city, in the opinion
of the city council, shall prevail provided that, the city, having chosen or
accepted one of the conflicting provisions, may not thereafter elect to require
compliance with a different alternative of the conflicting provisions. Failure to provide services as promised in
licensee's application or agreed to in its license may be deemed a breach of
this chapter to which the provisions of §§ 10-74 and 10-75 of this chapter
shall apply.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-21. Payment of license fee.
(a) For the reason that the streets and other
public rights-of-way which are used by the licensee in the operation of its
cable system within the boundaries of the city are valuable public properties
acquired and maintained by the city at great expense to its taxpayers, and that
the grant to the licensee to the use of said streets is a valuable property
right without which the licensee would be required to invest substantial
capital in right-of-way costs and acquisitions, and because the city will incur
costs in regulating and administering the license, the licensee shall pay to
the city an amount no less than five percent (5%) of licensee's gross revenues
("the license fee").
(b) Should federal regulations be amended in
the future to allow the city to receive a greater fee than the fee set forth in
subsection (a), then, in that event, the city shall have the right to increase
the fee as specified in the license.
(c) The payment of the license fee by the
licensee to the city shall be made quarterly by delivery of the same to the
financial services manager of the city on or before the 20th day of the
following month, with a ten (10) day grace period. If such payment is not made
by the next to the last business day of the following month, the city may
impose interest at a rate of one and one-half percent (1-1/2%) per month
commencing from the date payment should have been made and continuing until the
payment is made. Fractions of a month shall be considered to constitute a full
month for the purpose of computing interest.
In addition to interest which may be assessed under this subsection, if
licensee fails to pay any license fee, before the end of such grace period,
licensee shall be subject to the following civil penalties:
(1) A licensee who fails to pay the license fee or any portion
thereof within the time prescribed shall pay a penalty of ten percent (10%) of
the unpaid fee each month, unless the licensee shows that the failure is due to
reasonable cause and not due to willful neglect;
(2) A licensee who fails or refuses to pay a license fee or any
portion thereof after notice and demand by the city shall pay a penalty of
twenty-five percent (25%) of the unpaid fee, unless licensee shows that the
failure is due to reasonable cause and not due to willful neglect; or
(3) If the cause of failure to pay the license fee or any portion
thereof is determined by the city to be due to civil fraud or evasion of the
license fee, the licensee shall pay a penalty of fifty percent (50%) of the
amount of deficiency.
(d) The city shall have the right to inspect the
licensee's income records and the right to audit and to recompute any amounts
determined to be payable under this chapter; provided, however, that such audit
shall take place within thirty-six (36) months following the close of each of
the licensee's fiscal years. Any
additional amount due to the city as a result of the audit shall be paid within
thirty (30) days following written notice to the Licensee by the city, said
notice shall include a copy of the audit report.
(Ord. No. 91.33, 10-17-91; Ord. No.
2001.17, 7-26-01)
Sec.
10-22. Use of telephone facilities.
When
and in the event that the licensee of any license granted hereunder uses a
telephone company's cable system distribution channels furnished to the
licensee pursuant to tariff or contract on file with a regulatory body having
jurisdiction and said licensee makes no use of the streets independent of such
telephone company furnished facilities, said licensee remains fully bound by
the terms of its license and this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-23. Required services and facilities.
(a) A license shall include a description of
proposed cable system design and a description of the initial programming and
cable services to be offered, a description of facilities proposed for local
programming, and facilities to be offered to various community institutions.
(b) A licensee shall maintain the mix, level
and quality of programming within the broad categories of video programming or
other services set forth in its license.
Where there has been a substantial failure to maintain the mix, level or
quality of services within the broad categories of video programming or other
services as set forth in the licensee's license, the council may, following due
notice and public hearing, direct the licensee to comply with its obligations
in this regard. Written notice of such
hearing shall be provided to the licensee and to the public at least thirty
(30) days prior to such hearing.
(Ord. No. 91.33, 10-17-91)
Sec.
10-24. Subscriber service rates.
(a) Initial
rates. A licensee under an initial
license shall establish initial rates for its cable services in accordance with
the rates contained in such licensee's application for an initial license.
(b) Authority
to regulate rates. To the extent
permitted by federal and state law, the city may regulate the rates for cable
services in accordance with the following procedures.
(c) Rates
subject to regulation. To the extent
permitted in subsection (b) of this section:
(1) The city shall have the authority to regulate the following
rates, fees and charges:
a. Rates for the provision of cable services
to subscribers;
b. Rates for the initial installation of the
rental of one set of the minimum equipment which is necessary for the
subscriber's receipt of cable services; and
c. Any other rates for cable services that
may become subject to local regulation.
(2) The licensee may petition the city council for a change in rates
subject to regulation by filing a proposed rate schedule with the city clerk,
which petition shall include the justification(s) for the proposed
schedule. Said petition shall be filed
at least ninety (90) days prior to the requested implementation date of the
rate change. One copy of the petition
shall remain on file with the city clerk and be open for public inspection.
(3) In connection with any proposed increase of any rates or charges
for cable services of the licensee to subscribers initiated by the licensee, at
any time after the granting of a license, the council shall direct the city
manager to conduct a preliminary hearing into the matter. When so directed by the council, the city
manager shall issue his written notice fixing and setting forth the day, hour
and place certain when and where any persons having any interest therein may
appear and be heard.
a. The city clerk shall cause such notice to
be published in a newspaper of general circulation within the city. The city clerk also shall cause a copy of
such notice to be mailed to any licensee at least ten (10) days prior to the
date specified for the hearing. At the time set for such hearing or at any
adjournment thereof, the city manager shall proceed to hear the matter.
Following the close of such hearing, the city manager shall prepare and file
with the city council his report of the hearing, his findings and an option
containing his recommendations and the reasons therefor. After the expiration of ten (10) days
following receipt of the city manager's report and opinion, and if no objection
has been filed thereto, the council shall determine whether to adopt the
opinion or to hold a further hearing, and shall pass its resolution of
intention to do so, describing and stating any rates or charges to be
increased, the reasons of the council therefor, fixing and setting forth a day,
hour and place certain when and where any persons having any interest therein
may appear before the council and be heard.
Such resolution shall direct the city clerk to publish the same
resolution at least once within ten (10) days prior to the date specified for
hearing thereon.
b. If upon receipt of report and opinion, and
the expiration of such ten (10) days without objection, or following the
holding of a further hearing, if the council determines to do so, the council
shall find that the increasing of any rates or charges of the licensee to
subscribers will be fair and just, then the council, by resolution, shall
authorize the increase of rates or charges of the licensee to subscribers and
users as determined giving its reasons therefor. Such resolution shall thereupon become and
shall be a part of any license granted under this chapter and affected thereby.
(4) The city council shall consider, inter alia, the following
factors in approving or disapproving the petition:
a. The ability of the licensee to render
cable services and to derive a reasonable profit therefrom under the existing
rate schedule and under the proposed rate schedule;
b. The revenues, expenses and profits derived
from all cable system services;
c. The efficiency of the licensee;
d. The quality of the cable service offered
by the licensee; and
e. The capital costs of the cable system less
depreciation.
(5) In addition to the factors listed in paragraph (4) of subsection
(c) above, in approving or disapproving the petition, the city council shall
consider a fair rate of return with respect to investments having similar risks
to that of cable television.
(6) If no final decision on the licensee's petition has been
rendered by the city council within ninety (90) days after filing of licensee's
petition, the licensee's petition will be deemed approved, unless the ninety
(90) day period is extended by mutual agreement between the licensee and the
city.
(7) The licensee's petition for a rate increase shall include, but
not be limited to, the following financial reports, which shall reflect the
operations in the city:
a. Balance sheet;
b. Income statement
c. Cash flow statement;
d. Statement of sources and applications of
funds;
e. Detailed
supporting schedules of expenses, income, assets and other items as may be
required; and
f. Statement of current and projected
subscribers and penetration.
(8) The licensee's accounting records
applicable to the cable system shall be available for inspection by the city at
all reasonable times. The city shall have access to records of financial
transactions for the purpose of verifying burden rates or other indirect costs
prorated to this particular cable system. The documents listed above shall
include sufficient detail or footnotes as may be necessary to provide the city
with the information needed to make accurate determinations as to the financial
condition of the cable system. All
financial information shall be certified as accurate by a corporate officer of
licensee.
(Ord. No. 91.33, 10-17-91)
Sec.
10-25. Access and community programming
channels.
Unless
otherwise provided in a license, each cable system licensed by the city shall
provide at least one governmental access channel dedicated to the city; one
education access channel dedicated to all schools (public and private
nonprofit) within the city; one channel for community programming; and if provided
in the license, one public access channel to be utilized by the public. A licensee shall have the right to exercise
editorial control over any community programming channel, which shall be
dedicated to providing programming on governmental and educational and other
local matters licensee identifies to be of public interest to subscribers in
the city.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97; Ord. No. 2007.39, 6-28-07)
Sec.
10-26. Areawide interconnection of cable
systems.
(a) Interconnection
required. Except as provided in the license, licensee shall interconnect
access channels of the cable system with any or all other cable systems in
adjacent areas, upon the directive of
the city. Interconnection of cable
systems may be done by direct cable connection, microwave link, satellite or
other appropriate method.
(b) Interconnection
procedure. Upon receiving the
directive of the city to interconnect, a licensee shall immediately initiate
negotiations with the other affected cable system or systems in order that all
costs may be shared fairly among cable systems for both construction and
operation of the interconnection link, as more particularly set forth in the license.
(c) Relief. A licensee may be granted reasonable
extensions of time to interconnect or the city may rescind its order to
interconnect upon petition by the licensee to the city. The city shall grant said request, if it
finds that a licensee negotiated in good faith and failed to obtain an approval
from another cable system(s) of the proposed interconnection.
(Ord. No. 91.33, 10-17-91)
Sec.
10-27. New developments.
(a) The licensee shall make a good faith effort
to keep the cable system technically current and updated.
(b) The city and licensee shall meet at periods
not exceeding three (3) years or upon the request of either to discuss changes
in cable television laws, regulations, technology, competing services, the
needs of the community and other factors affecting cable television. As a result of
these discussions, the license agreement may be modified by mutual agreement of
the city and the licensee to respond to the change in laws, regulations,
technology, competing services, the needs of the community or other factors
impacting cable television.
(c) If any of the following conditions occur,
and upon written request of either licensee or city, the city manager and
licensee agree to meet and discuss in good faith the terms of a mutually
agreeable license amendment:
(1) Cable service similar to cable television service offered by
licensee is provided by any entity using the streets, which is not subject to
similar licensing requirements of the city;
(2) The cable act is amended in a manner which licensee or city
believe may impact the current terms and conditions of the license; or
(3) Any other significant event occurs, including but not limited
to, a final non-appealable order or judgment by a court of competent
jurisdiction, which either licensee or city believes may impact the current
terms and conditions of the license.
(d) The purpose of the meeting and discussion is
to use best efforts to reach mutually acceptable agreement for recommendation
to the council for proposed council action within ninety (90) days of such
written request, on how to amend the license to relieve city or the licensee
from any commercial impracticability which arises from the condition in question. This provision shall not require that the
license be amended, however, it is intended to facilitate a process whereby the
parties may reach a mutually acceptable agreement.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-28. Time is of the essence.
For
any license or contract entered into pursuant to this chapter time shall be
deemed of the essence and any failure of the licensee to perform within the
time allotted, or within a reasonable time if a period is not specified, shall
be sufficient grounds for the city to invoke liquidated damages or revocation
of a license in accordance with §§ 10-75 and 10-78.
(Ord. No. 91.33, 10-17-91)
Sec.
10-29. Acceptance and effective date of
license.
The
date specified in the license shall be the effective date of the license, but
if no such date is specified, the date on which the last of the parties sign
the license shall be the effective date.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Secs.
10-30—10-34. Reserved.
ARTICLE
IV. CONSTRUCTION REQUIREMENTS
Sec.
10-35. Permits, installation and service.
Within
sixty (60) days after execution of any license, the licensee shall proceed with
due diligence to apply for necessary permits and authorizations which are
required in the conduct of its business, including, but not limited to, any
utility joint use attachment agreements, microwave carrier licenses, and any
other permits, licenses and authorizations to be granted by duly constituted
regulatory agencies having jurisdiction over the operation of cable systems, or
their associated microwave transmission facilities.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-36. Cable system construction map and
schedule.
(a) Unless otherwise provided in a license, within
one hundred twenty (120) days after execution of any license, licensee shall
submit a construction plan or reconstruction plan, which shall be incorporated
by reference and made a part of the license.
The plan shall include an overall map of any construction or
reconstruction effort, time schedule of said work and technical performance
criteria.
(b) Within ninety (90) days after obtaining
necessary permits, licenses and authorizations, the licensee shall commence
construction and installation of the cable system.
(1) Licensee shall comply with the time schedule for construction
required in § 10‑36(a);
(2) Installation and operation of distribution cable by licensee
shall proceed on a nondiscriminatory basis, without regard for subscriber
affluence or other discriminatory factors; and
(3) Immediately following commencement of construction and
installation of the system, licensee shall diligently proceed to deliver cable
services, as described in the license.
(c) Failure on the part of the licensee to
commence and diligently pursue each of the foregoing requirements and to
complete each of the matters set forth herein, shall be grounds for liquidated
damages or termination of such license pursuant to §§ 10-75 and 10-78;
provided, however, that the council in its discretion may extend the time for
the commencement and completion of construction and installation for additional
periods if the licensee acting in good faith experiences delays by reason of
circumstances beyond its control.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-37. Line extension.
(a) Residential
service. Licensee shall make cable
services available to all dwelling units within the city and shall extend its
cable communications system as contemplated under this section as follows
except that licensee shall not be required to make service available to
residents of multiple dwelling units where the owner of the property has not
granted licensee reasonable access to the property:
(1) When requested by a resident or developer of the city, licensee
shall, at licensee's sole expense, extend cable services to any single family
residence or dwelling within the city, provided that such extension involves
existing density of forty (40) homes per mile as measured in linear trench or
aerial strand footage from the nearest technically feasible point on the
system. Such extension(s) shall include
cutting in one or more taps and extending feeder cable and, when necessary,
trunk cable;
(2) When a resident or developer of the city requests an extension
of service to an area that does not meet the minimum forty (40) homes per mile
density as described above in paragraph (1), licensee shall be required to
comply with such request only if the resident or developer agrees to pay to the
licensee an amount equal to all incremental costs incurred beyond those for an
extension otherwise involving forty (40) homes per mile, as described in
paragraph (1);
(3) Regardless of whether licensee is requested to extend service,
licensee shall install conduit in open trenches used by electric power and
telephone companies in new single family subdivisions, as described in
paragraph (1) above; and
(4) Absent a showing by licensee to the city manager of
circumstances beyond licensee's reasonable control, an extension of service
pursuant to paragraphs (1), (2) or (3) of this subsection shall be accomplished
within one hundred fifty (150) days of the developer or resident's request.
(b) Commercial
service. Licensee shall make cable services available to commercial
establishments as follows except that licensee shall not be required to make
service available to commercial establishments where the owner of the property
has not granted licensee reasonable access to the property:
(1) When requested by the owner of a commercial establishment within
the city, licensee shall extend cable services to any such owner's commercial
establishment, provided that no plant extension and nothing more than a
standard drop is required to make such cable services available;
(2) When the owner of a commercial establishment within the city
requests an extension of service that does not meet the criteria described in
paragraph (1) of this subsection, licensee shall be required to comply with
such request only if such owner pays to licensee an amount equal to the
reasonable actual labor and material costs incurred by licensee over and above
the cost of a standard drop in making cable services available to such owner's
commercial establishment; and
(3) Absent a showing by licensee to the city manager of unusual
circumstances, including without limitation street crossings, an extension of
service pursuant to paragraph (2) shall
be accomplished within one hundred fifty (150) days of the owner's request.
(c) Extension
requirements. The requirements in
subsections (a) and (b) above shall apply to all licenses, unless otherwise
provided in a license.
(d) Service
drops.
(1) Licensee shall make service available to any single family
residence or any commercial establishment within the city at the standard
connection charge if the connection requires a standard drop;
(2) If making service available requires more than a standard drop,
licensee shall not be required to make such service available unless the person
or entity requesting such service pays to licensee (i) the standard connection
charge and (ii) an amount equal to the
reasonable actual labor and material costs incurred by licensee for the
additional facilities and work;
(3) Licensee may offer bulk billing service, but shall not require a
bulk billing agreement as a condition of providing service, if the person or
entity requesting service pays to licensee the applicable amount(s) set forth
in paragraphs (1) or (2) of this subsection;
(4) Under normal operating conditions, standard drops to a
single-family residence or dwelling (including reconnects) will be installed
within seven (7) days after an order has been placed, no less than ninety-five
percent (95%) of the time, measured on a quarterly basis. Absent a showing by licensee to the city
manager of unusual circumstances, including without limitation street
crossings, any drop that is not a standard drop shall be accomplished within
twenty (20) days of such request; and
(5) Absent a showing by licensee to the city manager of unusual
circumstances, including without limitation street crossings (i) any standard
drop to a commercial establishment shall be accomplished within twenty (20)
days after the owner of such commercial establishment executes any necessary
easement documents and capital contribution agreements, and (ii) any commercial drop that is not a
standard drop shall be accomplished within thirty (30) days of the owner's
execution of such documents and agreements.
(e) Discrimination
prohibited. No person, firm or
corporation in the existing cable service area of the licensee shall be
arbitrarily refused cable services; provided, however, that the licensee shall
not be required to provide cable services to any subscriber who does not pay
the applicable line extension connection fee or cable service charge(s).
(f) Annexed
territory. Newly annexed territory
shall be subject to the terms of this chapter and specifically this section.
(Ord. No. 91.22, 10-17-91; Ord. No.
97.31, 5-29-97; Ord. No. 2007.39, 6-28-07)
Sec.
10-38. Placement of transmission
facilities.
Except
as provided in the license, facilities shall be placed in accordance with
chapter 25 of the Tempe City Code.
(Ord. No. 91.33, 10-17-91)
Sec.
10-39. Construction and technical
standards.
(a) Compliance
with construction and technical standards.
(1) As provided in the license, licensee shall construct, install,
operate and maintain its system in a manner such that it operates at all times
consistent with all laws, this chapter, construction standards of the city, the
Federal Communications Commission (FCC) rules and regulations, part 76 sub-part
K (technical standards), as amended from time to time, and detailed standards
submitted by licensee as part of its application, which standards are to be
incorporated by reference in the license.
In addition, licensee shall provide the city, upon request, the
opportunity to observe the conduct of and a written report of the results of
licensee's annual proof of performance tests.
In addition, the city may at any time conduct independent measurements
of the system. In the event that
inaccurate proof of performance reports are shown to have been the result of
licensee's willful neglect, licensee shall pay the costs reasonably incurred by
the city in obtaining independent verification of technical compliance with all
standards.
(2) When there have been multiple, similar complaints by subscribers,
or when there exists other evidence which suggests that licensee is not in
substantial compliance with the technical standards, the city manager shall
have the right and authority to compel licensee to test, analyze and report on
the performance of the cable system under the supervision of the city engineer.
Such report shall be delivered to the city manager no later than thirty (30)
days after the city manager requests such test(s) in writing and shall include
the following information: the nature of the complaints that precipitated the
test(s), which cable system component(s) was/were tested, the equipment used
and procedure(s) employed in such testing, the result(s) of such test(s) and
the manner in which such complaints were
resolved. If such report indicates
licensee is in substantial compliance with the technical standards, but
there exists evidence suggesting that
licensee is nonetheless not in substantial
compliance, the city manager may require that the test(s) be repeated
within thirty (30) days of the delivery of such report, under the supervision
of a professional engineer, not on the permanent staff of licensee. Such engineer shall sign all records of such
repeated test(s) and shall forward to the city manager (i) such records, (ii) a
report interpreting the results, and (iii) recommended corrective actions, if
any. The fees of such engineer shall be
paid by (i) licensee, if the repeated test(s) show(s) licensee is not in
substantial compliance, with the technical standards of this chapter, or (ii)
the city, if the repeated test(s) show(s) licensee is in substantial compliance
with said standards.
(b) Additional
specification. Construction,
installation and maintenance of a cable system shall be performed in an orderly
and professional manner. All cables and
wires shall be installed, where possible, parallel with and in a manner similar
to the installation of electric and telephone lines. Multiple cable configurations shall be
arranged in parallel and bundled with due respect for engineering
considerations. Underground
installations shall be in conformance with all applicable codes.
Each cable television
system shall include equipment capable of providing standby power as specified
in the license. The equipment shall be
so constructed as to automatically revert to the standby mode when the
electrical utility power returns. The
system shall incorporate safeguards necessary to prevent injury to linemen
resulting from licensee's standby power sources. Licensee shall at all times comply with
applicable sections of:
(1) National
Electrical Safety Code (ANSI) C2-1990;
(2) National
Electrical Code (National Bureau of Fire Underwriters);
(3) The
city building code;
(4) City
subdivision regulations, all as from time to time amended and revised, and all
other applicable rules and regulations now in effect or hereinafter adopted by
the city; and
(5) The
Maricopa Association of Governments Uniform Standard Specifications for Public
Works Construction including the latest City of
In
any event, the cable system shall not endanger or interfere with the safety of
persons or property in the license area or other areas where the licensee may
have equipment located.
(Ord. No. 91.33, 10-17-91)
Sec.
10-40. Utility locating system.
A
licensee shall be required to be a participant in the region one call utility
locating system (Blue Stake).
(Ord. No. 91.33, 10-17-91)
Sec.
10-41. Resident notification of
construction activity required.
The
licensee shall provide reasonable advance notice to all affected residents
prior to system construction or upgrade crews entering their property; provided
that the licensee shall not be required to provide such notice in emergencies
or for normal system repair and maintenance work.
(Ord. No. 91.33, 10-17-91)
Secs.
10-42—10-44. Reserved.
ARTICLE
V. REGULATIONS PERTAINING TO USE OF CITY
STREETS
AND PUBLIC RIGHTS-OF-WAY
Sec.
10-45. Location of property of licensee.
(a) Any poles, wires, cable lines, conduits or
other properties of a licensee to be constructed or installed in streets shall
be so constructed or installed only at such locations and in such manner as
shall be approved by the city engineer acting in the exercise of his or her
reasonable discretion.
(b) A licensee shall not install or erect any
facility or apparatus in or on any privately owned area within the city which
has not yet become a public street but is designated or delineated as a
proposed public street on any tentative subdivision approved by the city,
except as provided by the city.
(c) Unless otherwise provided in a license, all
facilities of a licensee in any public street or in any public or private
easement, and cable service lines to subscribers off the main lines, shall be
located underground as per chapter 25 of the city code and at such depths and
locations as shall be approved by the city engineer.
(d) Unless otherwise provided in a license, upon
the undergrounding of other utility lines or shared overhead facilities,
licensee shall concurrently (or earlier) place its facilities underground, at
its own expense, at depths and locations approved by the city engineer.
(e) All new underground wires or cable of
licensee placed after the effective date of this chapter shall be placed in
conduits except for service drop lines.
(f) As required by the city engineer or other
appropriate departments, the licensee or its authorized contractors will obtain
permits, prior to any physical work being performed in the city's
rights-of-way, or on city-owned property.
All work will be done in accordance with the city's technical and
permitting specifications. A licensee
shall cause maps of the applicable portion of the cable system showing
materials of construction, amplifier and power supply locations to be filed in
the office of the city engineer prior to the issuance of a permit for
construction.
(g) Where permitted by the property owner and
of no cost to licensee, a licensee shall install its underground conduit
simultaneously with telephone and electric facilities whenever the same are
installed within the licensee's area.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-46. Emergency work.
The
city reserves the right to move any portion of the licensee's equipment and
facilities as may be required in any emergency as determined by the city
without liability for interruption of cable service. However, prior to taking any actions pursuant
to this section, the city shall provide, if feasible, reasonable notice to
licensee of the emergency to allow licensee the opportunity to protect or
repair licensee's facilities involved in the emergency.
(Ord. No. 91.33, 10-17-91)
Sec.
10-47. Removal and abandonment of
property of licensee.
(a) In the event that the use of a substantial
part of the cable system is discontinued for any reason for a continuous period
of twelve (12) months, or in the event such cable system or property has been
installed in any street or public place without complying with the requirements
of the licensee's license or this chapter, or the license has been terminated,
canceled or has expired without renewal, the licensee shall promptly, upon
being given ten (10) days notice from the city engineer, remove from the
streets or public places all such property and poles of such cable system other
than any underground cable or any other underground property which the city
engineer may permit to be abandoned in place.
In the event of such removal, the licensee shall promptly restore the
street or other area from which such property has been removed to a condition
satisfactory to the city engineer.
(b) Any property of the licensee remaining in
place one hundred eighty (180) days after the termination or expiration of the
license shall be at the option of the city council considered permanently
abandoned. The city council may extend
such time.
(c) Any property of the licensee permitted to
be abandoned in place shall be abandoned in such a manner as the city engineer
shall prescribe. Upon permanent abandonment of the property of the licensee in
place, the property shall become that of the city, and the licensee shall
submit to the city an instrument in writing, to be approved by the city
attorney, transferring to the city the ownership of such property.
(Ord. No. 91.33, 10-17-91)
Sec.
10-48. Temporary removal of wire for
building improvements.
The
licensee, on the request of any person, firm or corporation holding a building
moving permit issued by the city, shall temporarily raise or lower its wires to
permit the moving of buildings. The
expense of such temporary removal, raising or lowering of wires shall be paid
to the licensee by the person, firm or corporation requesting the same, and the
licensee shall have the authority to require such payment in advance. The licensee shall be given not less than
forty-eight (48) hours advance notice to arrange for such temporary wire
changes.
(Ord. No. 91.33, 10-17-91)
Sec.
10-49. Changes required by public
improvements.
The
licensee shall from time to time protect, support, temporarily dislocate,
temporarily or permanently as may be required, remove or relocate, without
expense to the city, any facilities installed, used or maintained under the
license, if and when made necessary by any lawful change of grade, alignment or
width of any public street, by the city or any other governmental entity, or
made necessary by any other public improvement or alteration in, under, on,
upon or about any public street or other public property, whether such public
improvement or alteration is at the instance of the city or another
governmental entity, and whether such improvement or alteration is for a
governmental or proprietary function, or made necessary by traffic conditions,
public safety, street vacation or any other public project or purpose of city
or any other governmental entity.
(Ord. No. 91.33, 10-17-91)
Sec.
10-50. Methods and materials of street
construction.
The
city shall have the right to specify the methods and materials of street
construction, together with the horizontal and vertical location of any
underground facility proposed by licensee within any public property or
right-of-way. The city shall also have the right to limit the work of the
licensee to assure a minimum of inconvenience to the traveling public.
(Ord. No. 91.33, 10-17-91)
Sec.
10-51. Failure to perform street work.
(a) In the event that a licensee during
construction, installation or repair of its facilities causes damage to
pavement, sidewalks, driveways, landscaping or other property, the licensee or
the authorized agent shall, at its own expense and in a manner approved by the
city, replace and restore such places to the same condition which existed
before said work was commenced. The
licensee shall further maintain all such restoration in the condition approved
by the city for a minimum period of one year following such restoration.
(b) Upon failure of the licensee to complete
any work required by law, or by the provisions of this chapter, or by its license
agreement, to be done in any street or other public place, within ten (10) days
following due notice and to the satisfaction of the city engineer, the city
may, at its option, cause such work to be done and the licensee shall pay to
the city the cost thereof in the itemized amounts reported by the city engineer
to the licensee within ten (10) days after receipt of such itemized
report. Or, at city's option, city may
demand of licensee the estimated cost of such work as estimated by the city
engineer, and such shall be paid by licensee to city within ten (10) days of
such demand. Upon award of any contract
or contracts therefor, licensee shall pay to city, within ten (10) days of
demand, any additional amount necessary to provide for cost of such work. Upon
completion of such work, licensee shall pay to city or city shall refund to
licensee such sums so that the total received and retained by city shall equal
the cost of such work. "Cost"
as used herein shall include fifteen percent (15%) of other costs for city's
overhead.
(Ord. No. 91.33, 10-17-91)
Secs.
10-52—10-54. Reserved.
ARTICLE
VI. CUSTOMER SERVICE PROVISIONS
Sec.
10-55. Local business office
requirements.
(a) The licensee shall maintain a business
office for the purpose of receiving inquiries regarding new service, handling
converters, paying bills and receiving complaints.
(b) Said office shall be conveniently located
in the city and shall be open during all normal business hours.
(Ord. No. 91.33, 10-17-91)
Sec.
10-56. Efficient telephone
communications services.
A
licensee shall render efficient telephone communication service and, at a
minimum, meet the standards set forth below:
(1) Licensee
shall have a publicly listed, local or toll-free telephone number, in accordance
with this section, and receive complaints, requests for repairs, service calls,
billing inquiries and other subscriber information on a twenty-four (24)
hour-per-day, seven (7) day-a-week basis.
Trained licensee representatives will be available to respond to
subscriber inquiries during normal business hours;
(2) Licensee
shall add additional telephone lines and customer service representatives or
take other remedial actions when existing telephone lines are
"substantially utilized" or when a pattern of subscriber complaints
reflects a need for additional telephone lines and customer service
representatives or other remedial actions.
For purposes of this section, "substantially utilized" shall occur
when licensee demonstrates an inability to answer, with a customer service
representative, and not electronically, its incoming service calls, measured on
a quarterly basis, during normal business hours and under normal operating
conditions including, but not limited to, those dealing with repairs, sales,
installation, billing and inquiries, on average, within the median time of
thirty (30) seconds, including wait time, after the connection is made. No caller should be left on hold for more
than sixty (60) seconds. Under normal
operating conditions, the subscribers will receive a busy signal less than
three percent (3%) of the time. Licensee
will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards unless a historical record on
compliance indicates a clear failure to comply; and
(3) Licensee
shall establish a telephone answering capability outside normal business hours
to answer questions about service calls, service outages and provide proper
referral regarding billing and other subscriber information. Inquiries received after normal business
hours must be responded to by a licensee representative on the next business
day.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-57. Service standards.
(a) A licensee shall put, keep and maintain all
parts of its cable system in good condition throughout the entire license
period.
(b) Upon termination of cable services to any
subscriber, a licensee shall promptly remove its converter equipment from the
premises of such subscriber upon subscriber's request.
(c) Licensee shall render efficient cable
services, make repairs promptly, and interrupt cable services only for good
cause and for the shortest time possible.
Such interruptions, insofar as possible, shall occur during periods of
minimum cable system use.
(d) Licensee shall not knowingly allow its cable
or other operations to interfere with television reception of persons not
serviced by licensee, nor shall the cable system interfere with, obstruct or
hinder in any manner, the operation of the various utilities serving the
residents of the city.
(e) A licensee shall continue, through the term
of the license, to maintain the technical, operational and maintenance standards
and quality of cable service set forth in this chapter and as specified in the
license. If the licensee fails to
maintain these standards and quality of cable service, the city may direct the
improvements to be made.
(f) In the event any licensee should violate
any provision of this section, the city shall promptly give such licensee
written notice of the violation. The
licensee shall, within thirty (30) days of receipt of such written notice from
the city:
(1) Respond to the city in writing, contesting the city's assertion
of a violation and providing such information or documentation as may be
necessary to support the licensee's position; or
(2) Cure such violation (and provide written notice of the same to
the city); or, in the event that the nature of the violation is such that it
cannot be cured within thirty (30) days, take reasonable steps to cure such
violation and diligently continue such efforts until such violation is cured.
(g) In the event that a licensee contests the
city's assertion of violation, fails to respond to the city's notice of
violation, or fails to take reasonable steps to cure a violation which cannot
be cured within thirty (30) days, the city may proceed with hearings in
accordance with § 10-75 or § 10-76 of this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-58. Response to subscriber complaints
about service.
(a) Licensee shall ensure that there are
standby technicians on call at all times after normal business hours.
(b) Whenever an outage has been reported,
licensee shall respond immediately. It
shall be deemed a violation if licensee exceeds a four (4) hour average
response time to outages during any consecutive three (3) month period. Absent showing by licensee to the city
manager of unusual circumstances, it shall be deemed a violation if licensee
fails to respond within twelve (12) hours to a report of outage.
(c) Under normal operating conditions, no less
than ninety-five percent (95%) of the time measured on a quarterly basis, the
licensee will begin working on service interruptions promptly and in no event
later than twenty-four (24) hours after the interruption becomes known. The licensee must begin actions to correct
its service problems the next business day after notification of the service
problem.
(d) In arranging appointment for installation
visits and service calls, licensee shall specify to the subscriber in advance
when said installation visit will occur, either as a specific time or, at a
maximum, a four (4) hour time block; said standard shall be met ninety-five
percent (95%) of the time, measured on a quarterly basis. (The licensee may schedule installations and service
calls outside of normal business hours for the express convenience of the
subscriber). If a licensee
representative is running late for an appointment with a subscriber and will
not be able to keep the appointment as scheduled, the licensee will attempt to
contact the subscriber. Failure to
install cable as scheduled shall require licensee to automatically offer a
priority cable installation visit to the affected subscriber at a time mutually
agreeable to licensee and said subscriber, no later than seven (7) days
following the initial installation.
(e) Absent a showing by licensee to the city
manager of unusual circumstances, any change of service shall be accomplished
within ten (10) days of the request or it shall be deemed a violation.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-59. Subscriber's right upon failure
of service.
(a) Any subscriber shall be entitled, upon
request, to a refund equal to one day's service for each loss of service (1)
for a continuous twenty-four (24) hour period or (2) for a period of two (2) or
more hours on each of any four (4) days within a monthly billing period. Each such service loss shall commence upon
licensee's oral or written receipt of notice of such loss of service.
(b) Licensee shall maintain service call
records on the time of call, nature of service call and any corrective action
taken. These service call records shall
be made available to the city manager, or a designee, upon request. A summary of service calls shall be prepared
by the licensee and submitted in a form approved by the city and the licensee
to the city manager, or a designee, upon request.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-60. Subscriber solicitation
procedures.
(a) All personnel, agents and representatives
of the licensee including subcontractors, shall wear a cable uniform or clearly
display a photo-identification badge when acting on behalf of the licensee in
the city.
(b) The licensee shall provide written
information in easy-to-understand language on each of the following areas prior
to or at the time of installation of service, at least annually to all
subscribers and the city, and at any time upon request:
(1) Products and services offered;
(2) Prices and options for programming services
and conditions of subscription to programming and other services and procedures
for ordering changes in or termination of services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Information on a parental control feature that will permit a
subscriber to lock out any objectionable programming from the cable services entering
his or her home;
(6) Channel positions of programming carried on the system; and
(7) Billing, collection and complaint procedures, including the
address and telephone number of the city's designated office for handling cable
television matters, and refund and credit policies.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-61. Billing practices, information
and procedures.
(a) The licensee shall afford each subscriber
of the cable system with a three (3) day right of rescission for ordering the
service of the cable system provided that such right of rescission shall end
upon initiation of physical installation of cable system equipment on such subscriber's
premises.
(b) Billing procedures shall be as follows:
(1) Licensee shall bill all subscribers to its cable system in a
uniform, nondiscriminatory manner,
regardless of subscriber's level of service.
In no case shall any subscriber be required to pay for services in
excess of thirty (30) days prior to receipt of such service. Payment shall be due no sooner than the
fifteenth day of each billing period, and the due date shall be listed on each
bill. Bills shall be mailed no later than the tenth day of the billing period;
(2) Licensee shall provide all subscribers with an itemized monthly
bill that contains, at a minimum, the following information:
a. A list of each service or package received
for that billing period;
b. The rate or charge for each service or
package received;
c. The period of time over which said
services are billed;
d. The total charges due for the monthly
period, separate from any previous balance due;
e. A specific date by which payment is required
before a late charge is imposed, as specified in the license; and
f. Any surcharge for underground conversion
of cable plant costs;
(3) Late charges, if applied, shall in no case exceed amounts
allowed by applicable law, and shall in no case be imposed until the thirty
(30) day billing period has elapsed;
(4) In case of a subscriber dispute, the licensee must respond to a
written complaint from a subscriber within thirty (30) days. The licensee shall follow a written internal
appeal procedure for resolution of subscriber disputes;
(5) Refund checks will be issued promptly, but no later than either:
a. The subscriber's next billing cycle
following resolution of the request or thirty (30) days, whichever is earlier;
or
b. The return of the equipment supplied by
the licensee if service is terminated; and
(6) Credits for service will be issued no later than the
subscriber's next billing cycle following the determination that a credit is
warranted.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-62. Disconnection and termination of
cable services.
Licensee
shall only disconnect or terminate a subscriber's cable service for good and
just cause. In no event shall licensee
disconnect said cable service for nonpayment without the prior written
notification to the affected subscriber at least seven (7) days prior to such
disconnection or termination. In no
event shall such disconnection or termination for nonpayment occur in less than
thirty (30) days after a subscriber's failure to pay a bill due. Where the licensee has improperly
discontinued cable system service to any such subscriber, it shall provide free
reconnection to the cable system to such subscriber.
(Ord. No. 91.33, 10-17-91)
Sec.
10-63. A/B switch.
Consistent
with current federal law, the licensee may make available to subscribers the
optional installation of a cable/antenna ("A/B") switch.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-64. City and subscriber notification
required.
Subscribers
and the city will be notified of any changes in rates, programming, services or
channel positions as soon as possible in writing. Notice must be given to the city and
subscribers a minimum of thirty (30) days in advance of such changes if the
change is within the control of the Licensee, unless the city concurs that
notice is not necessary. In addition,
the licensee shall notify the city and subscribers thirty (30) days in advance
of any significant changes in the other information required by this section.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-65. Rights of individuals.
(a) A licensee shall not deny cable service,
deny access or otherwise discriminate against subscribers, channel users or
general citizens on the basis of race, color, religion, national origin, sex,
age or disability. A licensee shall
comply at all times with all other applicable federal, state and local laws and
regulations, and as amended from time to time, relating to nondiscrimination.
(b)
A licensee shall strictly adhere to
applicable equal employment opportunity requirements of federal, state and
local regulations, and as amended from time to time.
(Ord. No. 91.33, 10-17-91)
Sec.
10-66. Protection of subscriber privacy.
(a) At the time of entering into an agreement
to provide any cable service or other service to a subscriber and at least once
a year thereafter, a licensee shall provide notice in the form of a separate,
written statement to such subscriber which clearly and conspicuously informs
the subscriber of:
(1) The nature of personally identifiable information collected or
to be collected with respect to the subscriber and the nature of the use of such
information;
(2) The nature, frequency and purpose of any disclosure which may be
made of such information, including any
identification of the types of persons to whom the disclosure may be made;
(3) The period during which such information will be maintained by
the licensee;
(4) The times and place at which the subscriber may have access to
such information in accordance with subsection (b); and
(5) The limitations provided by this section with respect to the
collection and disclosure of information by a licensee and the right of the
subscriber under subsections (f) and (h) to enforce such limitations.
For
purposes of this section, the term "personally identifiable
information" does not include any record aggregate data which does not identify
particular persons.
(b) Except as provided in this subsection, a
licensee shall not use the cable system to collect personally identifiable
information concerning any subscriber without the prior written or electronic
consent of the subscriber concerned. A
licensee may use the cable system to collect such information in order to:
(1) Obtain information necessary to render a cable service or other
service provided by the licensee to the subscriber; or
(2) Detect unauthorized reception of cable communications.
(c) Except as provided in this subsection, a
licensee shall not disclose personally identifiable information concerning any
subscriber without the prior written or electronic consent of the subscriber
concerned. A licensee may disclose such
information if the disclosure is:
(1) Necessary to render, or conduct a legitimate business activity
related to, a cable service or other service provided by the licensee to the
subscriber;
(2) Subject to subsection (h), made pursuant to a court order
authorizing such disclosure, if the subscriber is notified of such order by the
person to whom the order is directed; or
(3) A disclosure of the names
and addresses of subscribers to any cable service or other service, if:
a. The licensee has provided the subscriber
the opportunity to prohibit or limit such disclosure; and
b. The disclosure does not reveal, directly
or indirectly, the:
i. Extent of any viewing or other use by the
subscriber of a cable service or other service provided by the licensee; or
ii. The nature of any transaction made by the
subscriber over the cable system of the licensee.
(d) A cable subscriber shall be provided access
to all personally identifiable information regarding that subscriber which is collected
and maintained by a licensee. Such
information shall be made available to the subscriber at reasonable times and
at a convenient place designated by such licensee. A cable subscriber shall be provided
reasonable opportunity to correct any error in such information.
(e) A licensee shall destroy personally
identifiable information if the information is no longer necessary for the
purpose for which it was collected and there are no pending requests or orders
for access to such information under subsection (d) or pursuant to a court
order.
(f) Any person aggrieved by any act of a
licensee in violation of this section may bring a civil action in a court of
general jurisdiction, as provided in Section 631 of the Cable Act.
(g) Nothing in this chapter shall be construed
to prohibit the city from enacting or enforcing additional laws consistent with
this section for the protection of subscriber privacy.
(h) A
governmental entity may obtain personally identifiable information only
if, in the court proceeding relevant to such court order:
(1) Such entity offers clear and convincing evidence that the
subject of the information is reasonably suspected of engaging in a criminal
activity and that the information sought would be material evidence in the
case; and
(2) The subject of the information is afforded
the opportunity to appear and contest such entity's claim.
(Ord. No. 91.33, 10-17-91)
Secs.
10-67—10-69. Reserved.
ARTICLE
VII. ADMINISTRATION AND ENFORCEMENT
Sec.
10-70. Reports.
(a) Each year the licensee shall brief the
offices of the city manager, no later than one hundred twenty (120) days after
the end of the licensee's fiscal year.
The briefing shall include a description of all major activities
applicable to its operation during the preceding twelve (12) month period. At the briefing, licensee shall submit a
written report that includes the following information, specific to the
city: number of homes passed, number of
cable plant miles, number of subscribers for each type of cable service offered
and the gross revenues from each source attributable to the operations of
licensee from within the city. This
report shall be certified as being correct by an officer of the company. There shall be submitted along with this
report such other information reasonably related to license compliance as the
city shall reasonably request.
(b) Upon request, there shall be provided to
the city, copies of any communications and reports submitted by licensee to the
Federal Communications Commission or any other federal or state regulatory
commission or agency having jurisdiction in respect to any matters affecting
construction or operation of a cable system in the city.
(c) Licensee shall provide the city with
regular reports, as needed, to establish licensee's compliance with the various
standards and other provisions of this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-71. Inspection of property and
records.
(a) At all reasonable times, the licensee shall
permit any duly authorized representative of the city to examine all property
of the licensee, together with any appurtenant property of the licensee
situated within or without the city, and to examine and transcribe any and all
maps and other records kept or maintained by the licensee or under its control
which relate to license compliance and deal with the operations, affairs,
transactions or property of the licensee.
(b) The licensee shall at all times make and
keep in the city full and complete plans and records showing the exact location
of all cable system equipment installed or in use in streets, public
rights-of-way and other places in the city.
(c) The licensee shall file with the city
engineer, upon request, current maps or sets of maps drawn to scale, showing
all cable system equipment installed and in place in streets, public
rights-of-way and other public places of the city.
(d) The licensee shall keep on file with the
city clerk a current annual report as specified in the license.
(Ord. No. 91.33, 10-17-91)
Sec.
10-72. Protection of city against
liability.
(a) Indemnification.
(1) Licensee shall fully indemnify, defend and hold harmless the
city, its officers, boards, commissions, elected officials, agents, attorneys,
representatives, servants and employees against any and all costs, damages,
expenses, claims, suits, actions, liabilities and judgments for damages,
including but not limited to, expenses for legal fees, whether suit be brought
or not, and disbursements and liabilities incurred or assumed by city in
connection with:
a. Damage to persons or property, in any way
arising out of or through the acts or omissions of licensee, its servants,
officials, agents, attorneys, representatives or employees;
b. Requests for relief arising out of any
licensee action or inaction which results in a claim for invasion of the right
of privacy; for defamation of any person, firm or corporation; for the
violation or infringement of any copyright, trademark, trade name, service mark
or patent; or of any other right of any person, firm or corporation;
c. Any and all claims arising out of
licensee's failure to comply with the provisions of this chapter or a license
or any federal, state or local law, or regulation applicable to licensee or the
cable system; or
d. Any and all disputes arising out of a
claim by any party other than city or licensee wherein damages or other relief
is sought (i) as a result of the city's cable system licensing of licensee or
(ii) as a result of the renewal or non-renewal of licensee's cable system
license.
(2) If a lawsuit covered by the provisions of paragraph (1) of this
subsection be brought against city, either independently or jointly with
licensee, or with any other person or municipality, licensee, upon notice given
by city, shall defend city at the cost of licensee. If final judgment is obtained against city,
either independently or jointly with licensee or any other defendants, licensee
shall indemnify city and pay such judgment with all costs and satisfy and
discharge the same.
(3) City shall cooperate with the licensee and reserves the right to
participate in the defense of any litigation.
(4) The city is in no manner or means waiving any governmental
immunity it may enjoy or any immunity for its agents, officials, servants,
attorneys, representatives or employees.
(5) A licensee shall make no settlement in any
matter identified above without the city's written consent, which shall not be
unreasonably withheld. Failure to inform
the city of settlement shall constitute a breach of the license and the city
may seek any redress available to it against the licensee whether set forth in
this chapter or under any other municipal, state or federal laws.
(6) All rights of city, pursuant to indemnification, insurance,
letter of credit or performance bond(s), as provided for by this chapter, are
in addition to all other rights the city may have under this chapter or any
other chapter, rule, regulation or law.
(7) The city's exercise of or failure to
exercise all rights pursuant to any section of this chapter shall not affect in
any way the right of city subsequently to exercise any such rights or any other
right of city under this chapter or any other chapter, rule, regulation or law.
(8) It is the purpose of this subsection to provide maximum
indemnification to the city under the terms and conditions expressed and, in
the event of a dispute, this section shall be construed (to the greatest extent
permitted by law) to provide for the indemnification of the city by the
licensee.
(9) The provisions of this subsection shall not be dependent or
conditioned upon the validity of this chapter or the validity of any of the
procedures or agreements involved in the award or renewal of a license, but
shall be and remain a binding right and obligation of the city and licensee
even if part or all of this chapter, or the grant or renewal of a license, is
declared null and void in a legal or administrative proceeding. It shall be expressly stated in a license,
that it is the intent of the licensee and city, upon the effective date of the
license, that the provisions of this subsection survive any such declaration
and shall be a binding obligation of and inure to the benefit of the licensee
and city and their respective successors and assigns, if any.
(b) Comprehensive liability insurance.
(1) Prior to or upon execution of the license, the licensee shall
file with the city clerk and shall thereafter during the entire term of such
license maintain in full force and effect, at its own expense, a general
comprehensive liability insurance policy or policies which shall insure
licensee and provide primary coverage for the city, its officers, boards,
commissions, agents and employees, against liability for loss or liability for
personal injury, death, property damage (both automobile and nonautomobile
caused) or other damages. Such policy or
policies shall include insurance against damages from unfair competition,
copyright infringement (common law or statutory) and a failure of licensee to
secure consents, occasioned by any activity or operation of licensee under such
license, and regardless of any claimed or actual activities of city, its
officers, boards, commissions, agents and employees. The city council, in any license granted, may
waive the requirement for insurance from one or more perils mentioned in the
last preceding sentence upon a finding that such insurance cannot, be procured
or cannot be procured at a reasonable cost, and in connection therewith may
reduce the otherwise required limits on coverage hereafter set forth. Such policy or policies shall be issued by a
company approved by the city manager and shall be in a form approved by the
city attorney, with minimum combined single limits of liability coverage in the
amount of five million dollars ($5,000,000).
The policy or policies shall name the city, its officers, boards,
commissions, agents and employees as additional insured and contain a provision
that a written notice of any cancellation, modification or reduction in
coverage of said policy shall be delivered to the city clerk thirty (30) days
in advance of the effective date thereof.
No license granted under this chapter shall be effective unless and
until each of the foregoing policies of insurance as required in this
subsection has been delivered to the city clerk. Any substitute policy or policies shall be
subject to the same approvals and shall comply with all of the provisions of
this subsection.
(2) The city council may require increases in the amount or types of
coverage no more frequently than every three (3) years, based on increases in
the CPI, so as to ensure full protection of the city and the public. The licensee shall have six (6) months from
the date of notification from the city manager to comply with any increase.
(3) A licensee may self-insure the above-described policy coverages
if such licensee or its parent is of sufficient financial standing to
reasonably provide such insurance. A
licensee that elects to self-insure shall file with the city a certificate of
insurance as specified by the city.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-73. Letter of credit.
(a) Prior to or upon execution of the license, a
licensee shall deposit with the city an irrevocable letter of credit in an
amount not to exceed ten thousand dollars ($10,000) issued by a federally
insured commercial lending institution.
The form and substance of said letter of credit shall be used to assure
the faithful performance by a licensee of all provisions of this and resulting
license; and compliance with all orders, permits and directions of any agency,
commission, board, department, division or office of the city having
jurisdiction over its acts of defaults under a license and the payment by the
licensee of any penalties, liquidated damages, claims, liens and taxes due to
the city which arise by reason of the construction, operation or maintenance of
the cable system, including cost of removal or abandonment of any property of
the licensee.
(b) The letter of credit may be drawn upon by
the city by presentation of a draft at sight on the lending institution,
accompanied by a written certificate signed by the city manager certifying that
the licensee has been found, pursuant to §§ 10-76(c) or 10-77, to have failed
to comply with this [chapter], its license or license agreement, stating the
nature of the noncompliance, and stating the amount being drawn. Examples of the nature of the noncompliance
for drawing upon the letter of credit include, but are not limited to, the
following:
(1) Failure of the licensee to pay to the city any license fees or
taxes after ten (10) days written notice of delinquency;
(2) Failure of the licensee to pay to the city, after ten (10) days
written notice, after all judicial remedies have been exhausted, any amounts
due and owing the city by reason of the indemnity provisions of § 10-72; or
(3) Failure of the licensee to pay to the city any liquidated
damages due and owing to the city pursuant to the license;
(c) The letter of credit shall be structured in
such a manner so that if the city at any time draws upon the letter of credit,
upon notice to the licensee by the issuing lending institution, licensee shall
increase immediately the amount of available credit to the extent necessary to
replenish that portion of the available credit exhausted by the honoring of the
city's draft. The lending institution
shall notify the city of the replenishment by licensee. The intent of this subsection is to make
available to the city at all times a letter of credit in the amount of ten
thousand dollars ($10,000).
(d) The rights reserved to the city with respect
to the letter of credit are in addition to all other rights of the city,
whether reserved by a license or authorized by law, and no action proceeding
against a letter of credit shall affect any other right the city may have.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-74. Construction bond.
(a) Prior to or upon execution of the license,
a licensee shall obtain and maintain throughout the period of system
construction, at its cost and expense, and file with the city clerk, a
corporate surety bond issued by a company authorized to do business in the
State of Arizona, and found acceptable by the city attorney, in an amount
established in a license agreement solely for the purpose of guaranteeing the timely
construction or reconstruction of the cable system and the safeguarding of
private property during construction or reconstruction. The bond shall provide, but not be limited
to, the following condition: There shall
be recoverable by the city, jointly and severally from the principal and
surety, any and all damages, losses or costs suffered by the city resulting
from the failure of a licensee to satisfactorily complete construction or
reconstruction of its cable system throughout the license area pursuant to the
terms and conditions of this chapter and such licensee's license.
(b) Any extension of the prescribed
construction or reconstruction time limit must be authorized by the city
council. The construction bond shall be
available throughout any such extension period.
(c) The construction bond shall be terminated
only after the city manager or designee finds that a licensee has
satisfactorily completed initial construction and activation or reconstruction
of its cable system pursuant to the terms and conditions of this chapter and
such licensee's license.
(d) The rights reserved to the city with respect
to the construction bond are in addition to all other rights of the city,
whether reserved by this chapter or authorized by law, and no action,
proceeding or exercise of a right with respect to such construction bond shall
affect any other rights the city may have.
(e) The construction bond shall contain the
following endorsement: It is hereby
understood and agreed that this bond may not be canceled by the surety nor the
intention not to renew be stated by the surety until sixty (60) days after
receipt by the city, by registered mail, of written notice of such intent to
cancel or not to renew.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-75. Liquidated damages.
(a) Each license granted by the city shall
state that a licensee understands and shall agree that failure to comply with
any time and performance requirements as stipulated in this chapter and the
license will result in damage to the city, and that it is and will be
impracticable to determine the actual amount of such damage in the event of
delay or nonperformance; the license shall include provisions for liquidated
damages to be paid by the licensee, in amounts set forth in the license and
chargeable to the letter of credit for the following concerns:
(1) Failure to complete system construction or reconstruction in
accordance with this chapter or the license, unless the city council
specifically approves the delay by motion or resolution;
(2) Failure to provide a cable connection within the time(s) set
forth in § 10-37;
(3) Failure to properly restore the public right-of-way or to
correct related violations of specifications, code or standards after having
been notified by the city to correct such defects.
(4) Failure to comply with customer service standards of this
chapter.
(5) Failure to test, analyze and report on the performance of the
cable system following a written request pursuant to § 10-39(a).
(6) Failure to provide in a continuing manner the type of services
proposed in the accepted application, renewal proposal or license, unless the
city council specifically approves modification, of licensee's obligation;
(7) Failure to cure any violation of § 10-57, following notice and
an opportunity to cure pursuant to the provisions of that section; and
(8) Any other action or non-action by the licensee, as agreed upon
between the city and licensee, and set forth in the license.
(b) If the city manager or designee concludes
that a licensee is in fact liable for liquidated damages pursuant to this
section, he/she shall issue to licensee by certified mail a notice of intention
to assess liquidated damages. The notice
shall set forth the nature of the violation and the amount of the proposed
assessment. The licensee shall, within
thirty (30) days of receipt of such notice:
(1) Respond to the city in writing, contesting the city's assertion
of violation and providing such information or documentation as may be
necessary to support licensee's position; or
(2) Cure any such violation (and provide written evidence of the
same) or, in the event that, by the nature of the violation, such violation
cannot be cured within such thirty (30) day period, take reasonable steps to
cure said violation and diligently continue such efforts until said violation
is cured. Licensee shall report to the
city, in writing, at thirty (30) day intervals as to licensee's efforts,
indicating the steps taken by licensee to cure said violation and reporting
licensee's progress until such violation is cured.
(c) In the event that licensee contests the
city's assertion of violation or fails to respond to the city's notice of
intent to assess liquidated damages, within fifteen (15) days the city shall
schedule a hearing in accordance with the procedures set forth in § 10-76.
(Ord. No. 91.33, 10-17-91)
Sec.
10-76. Administrative hearing.
(a) Within fifteen (15) days of (i) receipt of
notice of contest pursuant to § 10-57(f)(1) or (ii) expiration of the response
time referred to in § 10-57(g) or 10-75(c), an administrative hearing shall be
scheduled by the city manager or designee.
This shall be a public hearing, and licensee shall be afforded full due
process, including, without limitation, an opportunity to be heard, to present
evidence and to cross examine witnesses.
Within fifteen (15) days after the conclusion of such hearing, the city
manager or designee shall issue a determination. In that determination the city
manager or designee may:
(1) Find that licensee is not in violation of the terms of the
license;
(2) Find that the licensee is in violation, but that such violation
was with just cause and waive any liquidated damages that might otherwise be
imposed;
(3) Find that licensee is in violation of the terms of the license,
take corrective action and foreclose on
all or any appropriate part of the letter of credit provided pursuant to §
10-73;
(4) Find that licensee is in violation of the terms of the license
and impose liquidated damages; or
(5) In the case of a material violation recommend that the city
council terminate the license, provided that the city council may take action
on any such recommendation only after a public hearing as set forth in § 10-77.
(b) If the city manager or designee determines
that licensee has committed a violation, the determination shall be accompanied
by a detailed statement of reasons for the determination, including findings of
fact.
(c) The decision of the city manager or
designee shall become final unless licensee requests a public hearing before
the city council within fifteen (15) days of its receipt of the statement of
reasons and findings of fact by the city manager or designee.
(Ord. No. 91.33, 10-17-91)
Sec.
10-77. Hearing by city council.
If
a public hearing before the city council is requested by licensee or is held
pursuant to § 10-76(a)(5) or § 10-76(c), it shall be de novo and it shall
convene within thirty (30) days of the request therefor. All witnesses shall be sworn and shall be
subject to cross-examination; however, formal rules of evidence shall not
apply. The city council's decision,
which shall include findings of fact, shall be made not later than forty-five
(45) calendar days after the conclusion of the hearing. In that decision, the city council may:
(1) Find that licensee is not in violation of the terms of the
license;
(2) Find that licensee is in violation but that such violation was
with just cause and waive any liquidated damages or penalty that may otherwise
be imposed;
(3) Find that licensee is in violation of the terms of the license,
take corrective action and foreclose on
all or any appropriate part of the letter of credit provided pursuant to §
10-73 to pay the cost thereof;
(4) Find that licensee is in violation of the terms of the license
and impose liquidated damages; or
(5) In the case of a material violation of the license within the
meaning of § 10-78, declare the licensee in violation and revoke the license.
(Ord. No. 91.33, 10-17-91)
Sec.
10-78. Revocation.
(a)
In addition to all other rights and
powers retained by the city council under this chapter or otherwise, the
council shall have the right to revoke the license and all rights and
privileges of the licensee thereunder in the event of a recurring or protracted
substantial breach of the license terms and conditions, or this chapter, which
substantially affects the provision or quality of cable services, the ability
of the city to effectively regulate the licensee, or Tempe's collection of all
fees and charges. The power of
revocation shall not be used if the breach is a result of force majeure. The breaches appearing on the list set forth
below in this section shall be considered substantial breaches. The list is not exhaustive:
(1) Willful or grossly negligent repeated violations of this
chapter, the license or the representations made in the application process, or
any rule, order or regulation of the city made pursuant to this chapter;
(2) An attempt to dispose of any of the facilities or property of
the system authorized by the license to prevent
(3) Attempt to evade any material provision of the license or
practice any fraud or deceit upon the city or its subscribers or customers;
(4) Failure to begin or complete cable system construction,
reconstruction or cable system extension as provided under the license;
(5) Failure to provide the types of categories of programming and
cable services promised;
(6) Recurrent failures to restore service on the entire or a
substantial portion of the cable system after ninety-six (96) consecutive hours
of interrupted service except upon approval of such interruption by the city
council, for good cause shown;
(7) Recurrent service outages of the entire cable system or a
substantial portion thereof which, in the aggregate, exceed ten (10) days in
any thirty (30) day period;
(8) Insolvency of the licensee or inability or unwillingness of the
licensee to pay its just debts when they accrue, or application of the licensee
for adjudication as a bankrupt;
(9) Recurrent failures after notice by the city manager, or a
designee, to provide service to any part of the licensee service area; or
(10) Unlawful acts or omissions by licensee or its servants, officials,
agents, representatives or employees, which result in the city's refusal to
award a license to any other person, partnership, corporation or other legal
entity.
(b) Notice. Before proceeding with a revocation hearing,
the city manager or a designee, shall make a written demand that the licensee
comply. If a violation by the licensee
continues for a period beyond that set forth in the written demand without
written proof that the corrective action has been taken or is being actively
and expeditiously pursued, the city council may revoke the license as provided
in § 10-78.
(Ord. No. 91.33, 10-17-91)
Sec.
10-79. Performance evaluation sessions.
(a) The city and a licensee may hold scheduled
performance evaluation sessions every three (3) years from the anniversary date
of a licensee's award of the license and as may be required by federal and
state law.
(b) These evaluation sessions shall be open to
the public and announced in a newspaper of general circulation in accordance
with legal notice.
(c) Topics which may be discussed at any
scheduled or special evaluation session may include, but not be limited to,
service rate structures; license fee; liquidated damages; free or discounted
services; application of new technologies; system performance; services
provided; programming offered; customer complaints; privacy; amendments to this
chapter; judicial and FCC rulings; line extension policies; and licensee or
city rules.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-80. Continuity of service mandatory.
(a) It shall be the right of all subscribers to
continue receiving cable service insofar as their financial and other
obligations to a licensee are honored.
(b) In the event of the termination of the
license, the licensee shall cooperate with the city, to ensure continuity of
cable service to all subscribers for a period not to exceed ninety (90)
days. Said period may be extended by
mutual agreement between the city and licensee.
During such period, licensee shall be entitled to the revenues for any
period during which it operates the cable system.
(c) In the event licensee fails to operate the
cable system for ninety-six (96) consecutive hours without prior approval of
the city or without just cause, the city may, at its option, operate the cable
system or designate an operator until such time as licensee restores cable
services under conditions acceptable to the city or a new permanent operator is
selected. If the city is required to
fulfill this obligation for a licensee, the licensee shall reimburse the city
for all reasonable costs or damages that are the result of the licensee's
failure to perform.
(Ord. No. 91.33, 10-17-91)
Sec.
10-81. Failure of city to enforce a
license; no waiver of the terms thereof.
A
licensee shall not be excused from complying with any of the terms and
conditions of a license or this chapter by any failure of the city upon any one
or more occasions to insist upon or to seek compliance with any such terms or
conditions.
(Ord. No. 91.33, 10-17-91)
Sec.
10-82. Waivers.
(a) Any provision of this chapter may be
waived, at the sole discretion of the city, by resolution of the city council.
(b) Licensee may submit a request for waiver to
the city council at any time during the license term. Such request for waiver may, at the sole
discretion of the city council, be set for public hearing and a decision shall
be made within one hundred twenty (120) days following its submission.
(c) The city council may authorize the
economic, technical or legal evaluation of such licensee's waiver request and
the licensee shall be required to reimburse the city for all expenditures
incurred by city in connection with such evaluation.
(d) This
section is enacted solely for the convenience and benefit of the city and shall
not be construed in such a manner as to create any right or entitlement for the
licensee.
(Ord. No.
91.33, 10-17-91)
Sec.
10-83. Validity of license.
Licensee
shall acknowledge as a condition of execution of a license, that licensee was
represented throughout the negotiations of any license award or renewal by its
own attorneys and had opportunity to consult with its own attorneys about its
rights and obligations regarding the license.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-84. Miscellaneous provisions.
(a) When not otherwise prescribed herein, all
matters herein required to be filed with the city shall be filed with the
office of the city clerk.
(b) Neither licensee or any of its officers or
employees shall receive referral fees or gratuities from any television or
radio sales or repair business.
(c) All notices which city may give to a
licensee or which a licensee may give to city shall be given in writing and may
be given by first class mail, postage prepaid addressed to licensee's most
recent address on file with the city, and addressed to city at its city
hall. Such notices, when sent by mail,
shall be deemed given one day after deposit in the
(Ord. No. 91.33, 10-17-91)
Sec.
10-85. Force majeure.
With
respect to any provision of this chapter or any license granted pursuant
thereto, the violation or noncompliance with which could result in the
imposition of a financial penalty, liquidated damages, forfeiture or other
sanction upon a licensee, such violation or noncompliance shall be excused
where such violation or noncompliance is the result of acts of God, war, civil
disturbance, strike or other labor unrest, or similar events, the occurrence of
which was not reasonably foreseeable by licensee and is beyond its reasonable
control.
(Ord. No. 91.33, 10-17-91)
Sec.
10-86. Repealed.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
[1]Editor's note—Ord. No. 91.33, now contained in this Chapter
10, repealed prior code sections 10-1 through 10-54, Ord. No. 90.50 extended
the previous grant of franchise to American Cable Television (granted by Ord.
455.6), which would have expired November 18, 1990 to February 18, 1991.
Editor's note—Ord. No. 97.31 added
certain provisions as indicated herein (updated to the Telecommunications Act
of 1996).
State law
reference—Municipal
regulation of cable television, A.R.S. § 9-505 et seq.