HomeMy WebLinkAboutORD 3137 .
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• Amended by Ordinance No.
4254
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CITY OF RENTON, WASHINGTON
ORDINANCE N0. 3137
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ESTABLISHING AND DEFINING TERMS , CONDITIONS , R.ATES
AND CHARGES , REQUIREMENTS , OBLIGATIONS AND DUTIES
. FOR THE CONSTRUCTIO�t, MAINTENANCE AND OPERATION OF
A SYSTEM FOR TELEVTSION SIGNAL DISTRIBUTION WITHIN `
THE CITY OF RENTON, WASHINGTON.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNGIL OF THE
CITY OF RENTON, WASHINGTON, AS FOLLOWS :
SECTION I : Purpose. There has been established upon all
political subdivisions by 47 CRF part 76 the duty to regulate
television signal distribution systems within �that political
su�division. There �xist within the City Limits of the City of Renton
such systems and this Ordinance is to meet the dictates of 47 CFR,
part 76 , and further to provide an integrated Ordinance concerning
television signal distribution. This Ordinance hereinafter will be
referred to as "CATV Ordinance. " �
SECTION II : Application For Franchise. Each application
for the granting or renewal of a franchise to construct , operate or
maintain any cable te'evision system upon a city right of way shall
be filed with the Office of Cable Communications or any other agency
designated by the Renton City Council in a form approved by the City
Attorney of the City of Renton. At the time of the application, the
following information shall be presented:
� (1) A detailed statement of the business organization of
the applicant , including the following : '
(a) The names , residence and business addresses of all
officers and directors of the applicant ;
(b) The names and addresses of all persons having control 'I
of, or being entitled to have or control , 5% or more of the ownership
� of the applicant , either directly or indirectly, and the respective
ownership share of each person.
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c. A detailed and complete "recent financial statement
of the applicant showing the resources re�uired to construct and/or
operate the proposed system and the ability of the applicant to
accomplish same.
(2) A detailed plan of the op��-ation of the applicant,
which shall include:
a. A description of the cable district proposed to
be served and a proposed time scheduJ.e for �nstallati,on i.n each �i
neighborhood or portion of the d�str�ct.
b. A statement or schedule setting forth all proposed
classifications with rates and charges of any kind to be made
against subscribers .
c. A description of the equipment to be utilized and
operational standards to be met as proposed by the applicant .
d. A statement tnat the applicant is willing and able
to comply with all relevant federal, state and local regulations
regarding cable television.
SECTION III : Terms of the Franchise. Any franchise to be
granted under the CATV Ordinance shall not be deemed and held
to be an exclusive franchise or permit and shall not in any manner
prevent the City of REnton from granting other or further franchises
or permits in, along, over, through, under, below or across any of
said r�ghts of way, streets , avenues , and other public lands and
properties oF every type and descripti.on; and such fran.chise and permit
shall in no way prevent or prohibit the City of Renton from using any
of said roads , rights of way, streets or other public properties or
effect its jurisdiction over them or any part of them, with full
power to make all necessary changes , relc�cations , repairs , maintenance,
establishment, improvement, dedication of same as the City may deem
�it, including the dedication, establishment, maintenance and
improvement of all new rights of way and thoroughfares and other
public properties of every type. Grantee agrees and covenants , at
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its sole cost and expense, to protect, support, temporarily
disconnect, relocate or remove from any street or other public
prop��ty any of its installation when so required by the City
of Renton by reason of traffic conditzon, publi.c safety, street
vacations, dedi.cations of new ra.ghts o� way and the establishment
or improvement thereof, freeway construction, change of establishment
of street grade or the construction of any public improvement or
structure by any governmental agency acti.ng in a governmental
capacity, provided that Grantee shall in all such cases have the
privilege to temporarily by-pass , in the authorized portion of
the same street or right of way, upon approval by the City of
Renton any section of its cable or appurtenance to be so temporarily
d�sconnected or removed.
SECTION IV: Rates and Charges . �vo Grantee shall impose
or be permitted to impose upon subscribers or users rates or charges
for installation and for basic services , approved by the Federal
Communications Commission an/or the C�,ty o� Renton, until it has I!
first been determined in the manner hereinafter provided that such II
rates are not in excess of a reasonable amount. In connection with
the original grant of a franchise pursuant hereto the reasonablet�ess
of rates and charges shall be recon�nended by the Office of Cable
Communications or any other body designated by the Renton City Cox�.ncil.
Included in the proposed rates and charges filed by the
Grantee with the Office of Cable Communications or any other body
nesignated by the Renton City Council will be a special discount
to the low income elderly or low income permanently disabled; such
discount to be in the sum of Two Dollars ($2 . 00) from tize monthly
basic rate, upon making application to the Grantee. To qualify
for such discount, the provisions of Section 3-231 (B) of Title III
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devoted to the operation and maintex�ar_ce of the system and construction
of capital plant in the zocal_service `area.The Office of Cable Co,:v-nunicatians
or any other body designated by the Renton City Council shall examine
and investigate the material submitted by the applicant or Grar�tee,
and make recommendations to the Renton City Council with respect thereto
within thirty (30) days after receipt. The Office of Cable Communications,
the Grantee,
/or any other body designated by the Renton City Council may recommend
a review of proposal of such increase by a Hearing Examiner and the
Hearing Examiner shall determine the reasonableness of the proposed
public
rates and charges. The Hearing Examiner shall give notice of a /hearing
and such notice shall briefly describe the proposed rates and charges
and the recommendation of the Office of Cable Communications or any
other body designated by the Renton City Council with respect thereto
and shall state the place where the application and relevant facts
are available to the public, the time and place of the hearing, and
the date by which written comments must be submitted. Notice of the
hearing will be sufficient if published at least once a week during
each of the two weeks preceding the hearing in a newspaper of general
circulation within the City of Reriton and in one or as many more community
newspapers within the cable district of franchise areas , as may be
necessary to cover the entire cable district and if broadcast aver the
local access channels of the applicant or Grantee (if any) in the cable
dis�rict or distri.cts affected at least once each working day between
the hours of 9 a.m. and 11 ppm. during the �wo Vaeeks immediately preceding
the hearing. The purpose of the hearing before a Hearing Examiner shall
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' be to determine whether the rates and charges proposed by the applicant
or Grantee are in excess of a reasonable amoun�t. In the event the
Hearing Examiner determines that an independent audit of the applicar.tts
accounts and records by certified public accountants is essential to
a determination of the fairness of applicantis. proposed rates and �
charges , he may direct applicant to cooperate. In the, operation of a
CAT�� syster.l undPr a franchi:se granted pu71suan-t to thi� Orciinance , no
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Gran�cee shall make or grant any undue preierence or advantage to any �,
subscriber or user or other person, nor discriminate agair_st any person
or group; provided that this subsec�tion shall not be construed to prohibit
trade promotions customary in the industry, provided such trade promotians
not
are otherwise/prohibited by 1ac�a.
If the request �or rate inc�ease has not been acted upon
within one-hundred-twenty (I20) days of filing date, the Grantee may
increase subscriber rates subject to final action by the Rentor_ City
Council.
SECTTON V : Franchise Fee. The Grantee shall pay unto the
City of Renton quarterly, on or before the lOth day of each April,
July, October and January, a sum' equal to three per cent C3o) of the
basic subscriber fees received by the Grantee within the corporate
limits. of the City of Renton as now or hereafter fixed. The Grantor
or his authorized agerits shall have the right, at all reasonable times,
to inspect .the booksand records of the Grantee .for the purpose of
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ascertaining accurately the actual basic subscriber receipts or 'Grantee
and Grantee shall furnish promptly unto the City of Renton, with each
payment, a statement outlining the basic subscriber receipts upon which
payment is based.
The City of Renton shall have the right to renegotiate the
franchise fee if at any time the Federal Communications Commission
amends or changes its rules , CFI� 76;31.,�.st�bparti (ti).. The franchise fee
collected by the . City of Renton shall be used for the regulation and
administration nf cable communicationse Any excess amoun�� received
over and above the cost for the udministration and regulation of cable �
communications sha11 be placed in a special fund earmarked for the
cable comrtunications and
pro;notion and development of�access cnannels incl.uding governments
educational, and public. Disbursement of .such funds shall be made
only after the aPproval of the R�n�ton Citv Councile
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SECTION VI : Length of �Franchise. Each franchise granted
by the City of Renton under this Ordinance shall be for a term of
fifte�. (15) years from the date of acceptance by the Grantee.
The City of Renton may terminate the franchise by Ordinance
enacted for such purpose , pursuant to the provisions of this Ordinance,
in the event of the willful failure , refusal , or neglect by the Grantee
to do or comply with any material and substantial requirements contained
in this Ordinance , or the rules and regulations of the Federal Communi-
cations Commission, adopted pursuant to this Ordinance , or as amended.
System failure in all or a major part of any cable system
fop a period of ten (10) consecutive days or for a period of 24
consecutive hours on 30 or more occasions during any period of�
twelve (12) consecutive calendar months shall constitute non-compliance
with this Ordinance. The Renton City Council may initiate termination
proceedings if, after public hearings , it determines that the Grantee
has not complied with all the sections of this Ordinance , except that
failure due to natural disaster shall not constitute non-compliance on
part of Grantee.
SECTION VII : Modifications . If any portion of this Ordinance
should be inconsistent with any rule or regulation now or hereafter
adopted by the Federal Communications Commission, then to the extent
of the inconsistency, the rule or regulation of the Fed�ral Commur�i-_
cations Commission shall control for so long, but only for so long, as
such rule or regulation shall remain in effect , but the remaining
portions of this Ordinance shall no� hereby be affectedL
This Ordinance must be amended whenever possible� to conform
with the rules and regulations of the Federal Communications
Commission as they are amended, and such amendments must be made
within one (1) year after the passage of such rules and regulations .
SECTION VIII : Certificate of Compliance. The franchise holders
shall have a valid certificate of compliance issued by the Federal
Communications Commission or a pending application before operating
or maintaining transmission and distribution lines for cable
communications in the City of Renton, Washington.
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SECTION IX: Equal Employment Opportunity and Affirmative
Action Plan. Grantee shall comply with the City of Renton Summary
of Fair. Practices Policy Adopted by Resolution ��2017 - "The Policy
of the City of Renton is to promote .and afford equal treatment and
service to all citizens and assure equal employment opportunity to all
persons based on ability and fitness regardless of race , creed, color,
national origin, sex, physical , sensory or mental handicaps , age or
marital status . This policy shall apply to every aspect of employment
practices , employee treatment and public contact. "
SECTION X: Complaints . The Office of Cable Communications
or any other body designated by the Renton City Council shall
investigate all subscriber complaints and resolve them by conciliation,
if possible. If the complaints cannot be resolved by conciliation,
then an appeal from any ruling may be made to the Renton City Council
to review the facts and their determination shall be final.
SECTION XI : Performance Test. At its discretion, the Renton
City Council may request the Office of Cable Communications or any
other body designated l�y the Renton City Council to make tests of the
cable Communications system to assure that such system is adhering
to the technical standards as required by the Federal Communications
Commission. �
SECTION XII : Obscenity. No Grantee may exercise any control
over program content on an access channel , except to the extent
necessary to prevent the presentation o� program material prohibited
by the rules and regulations of the Federal Communi.cations Commi.ssion.
The Grantee sha11 at all, times: adhere �a �he Feder�l
Communications Commission rules , CFR 76-215 : as now in foXce or ar�y
any time amended.
SECTION XIII : Discrete Areas. The Cityo u� Renton shall be , �
considered part of South King County as to -recognition of discrete
communities for purposes of cable �television and access `channel
regulation.
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SECTION XIV: Access Chan,nel. The Grantee shall at all times
adhere to :the Federal Communications Commission rules CFR 76-251
(access channel) , as �ow in force or at any time amended.
SECTION XV: Unlawful to Steal Service. Every person who
knowingly and willfully make unauthorized connection, whether
physically, electrically, or inductively, or attaches any unauthorized
device or devices to any cable wire , or other component of a franchised
cable television system or to a television set , for the purpose of
intercepting any program car�ied by a franchised cable television
system which such person is not authorized to receive , shall upon
conviction therefor be guilty of a misdemeanor, and may be punished
by fine not exceeding two hundred fifty dollars ($250. 00) or by
imprisonment for not over thirty (30) days , or by both such fine
and imprisonment.
SECTION XVI : Amendinent of Ordinance. Upon recommendation of
the Office of Cable Communications or any other body designated by
the Renton City Council , a review of this Ordinance may periodically
be made by the Renton City Council. The Renton City Council under its
police powers reserves the right to amend any section of this
Ordinance at any time.
SECTION XVII : Transfer of Ownership, Any franchise shall be
a privilege to be held in personal trust by the original Grantee.
It cannot be sold, transferred, leased, assigned or disposed of, in
whole or in part , either by forced or involuntary sale, merger, con-
solidation or otherwise , without prior written approval of the City
of Renton. Said approval shall be granted by the Renton City Council
only after a public hearing and under the same terms and conditions
as an original application. Said applicati.ons shall not be refused
unless the Council finds that the public interest will not be served
by the proposed transfer.
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In the event the Grantee is a corporation, an assignment �
of the franchise shall be deemed to occur if there is an actual change �
in control or where ownership of more than 500 of the voting stock
of the Grantee is acquired by a person or a group of persons acting
in concert, none of whom already own 50% or more of the voting stock
singly or collectively. Any such transfer or assignment shall be made
only by an instrument in writing, such as a bill of sale or similar
document, a duly executed copy of which shall be �iled in the office
of Cable Communications and the office of City Clerk, CitX of Renton,
within 30 days after such transfer or ass�gnment.
SECTION XVIII : Hearing. The Renton City Council , or any
other body it designates , shall conduct a public hearing to determine
the following:
1 . That the public will be benefited by the granting of the
requested franchise ;
2 . That the applicant has the necessary resources to build,
operate and maintain a cable television system in the franchise area .
3 . That the applicant will comply with all terms and conditions
placed upon the franchise by the Council ; and
4 . That the applicant is willing and able to comply with
all relevant federal, state and local regulations .
SECTION XIX: Consumer Protection. Subscribers and users
in each cable district shall have the protection described in this
Section in addition ta all other rights conferred in this Ordinance.
(a) upon request, each Grantee shall furnish to the Office I
of Cable Connumications or any other body designated by the Renton
City Council , and the Office of �able Communications or the designated
body shall compile and maintain for public inspection during xegular
business hours , copies of:
l . Al1 applications and other communications submitted by
the franchise applicants or Grantees to the City of Renton, the Federal
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Communications Commission or any other Federal, state, or local regulatory
body having jurisdiction with respect to cable communications within
the City of Renton;
2 . Current information on ownership and management of the
Grantee;
3 . Current information on forms of subscriber agreements
used by the Grantee; complaint procedures followed by the Grantee ,
and non-basic services offered by the Grantee and the rates and charges
thereof; and
4 . Records of all written requests for use of public access
channels and leased channel time and the disposition of such requests ,
and records of all signals and programs carried (other than radio and
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television broadcast signals) .
(b) The Office of Cable Communications or any other body
designated by the Renton City Council shall also compile and maintain
for public inspection during regular business hours , copies of:
1 . All federal , state , and local laws and regulations appli-
cable to cable communications within the City of Renton;
2 . Records of all written complaints filed with the office
of Cable Communications or any other body designated by the R�y,nton
City Council and the disposition thereof; and
3 . Policy statements and administrative and staff operating I
procedures of the Office of Cable Communications or any other body
designated by the Renton City Council .
(c) No Grantee shall cause or permit the viewing habits
of any subscriber to be monitored without the subscriber ' s expressed
consent.
(d) Whenever a Grantee shall offer a new service or facility,
or changes in channel allocation or assignment, the Grantee shall give
notice thereof to the subscribers and the Office of Cable Communications
or any other body designated by the Renton City Council .
Whereupon, such new service or facility shall be made available
to all subscribers , if technically and economically practicable.
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(e) A Grantee shall give' subsf:ribers a 30-day written notice
of any hearing concerning any proposed change in subscriber rates and
charges . i
(f) With respect to basic services , the Grantee shall provide,
if technically practicable , all basic subscriber services and a tie-in
connection without cost (except for actual cost of installation) , to
one outlet (one T.V. connection) to each state-accredited public or
private educational institution and each building designated by the
Office of Cable Communications or other body recommended by the Renton
City Council, which is owned and controlled by the City of Rent�n and
used for public purposes and not residentia.l use , when such recommended
building is within 300 feet of the distribution cable .
(g) No Grantee nor any major stockholder of a Grantee shall
directly or indirectly engage within the City in the business of selling,
leasing, renting, servicing or repairing radio or television sets or
other receivers or parts thereof which make use of standard broadcast
entertainment signals � provided that nothing therein shall prevent
Grantee from making modifications to the tuner input circuit of the sub-
scribers television receivers and the fine tuning of the customers
operating controls only, to insure proper operation under conditions
of cable connection at the time of. installation or in response to sub-
scriber complaints, or from the selling, leasing, servicing, or
repairing receive � and other equipment belongting to other CATV system
operators for use in the conduct of their businesses .
SECTION XX: Construction Variances . The Grantee is required
in all cases to request and apply for all Construction Variances for
system extension, subscriber installations , or any other variances
that may be required by the City of Renton.
5ECTION XXI: Rights Reserved to the City . A Grantee shall
upon request of the Mayor or City Council make its facilities immediately
available to the City for emergency use during the period of any emergency
or disaster declared by the Mayor or City Council .
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the Office of Cable Communications and an annual review of the proaram
by the Office of CableCommunications to assure compliance . Failure '�
by tne Franchise Hold�r �o have constructed and located such lines ancl I�I
cable shall at the o�tion of tl:e Renton City Council opera�te as an
abandonment of the riohts under this franchi.se .
E. Undergrounding of System. For system expansion in
existing developments , the Graritee shall place the cable system under-
ground in localities �ahere both telephone and power lines are underground .
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For existing aerial facilities Grantee shall replace aerial facilities
with underground facilities concurrently and ir_ cooperation with
similar programs of the telephone and power utilities . At no tir:ze
shall the cable system be the only aerial facility. 4There undergroundi�g
is required, the Grantee shall have the option of sharing or not sharing
utility trenches , at no charge, if agreeable to utility.
F. System Expansion, New or Existing Underground Developments
or Tracts . Grantee may, at its option, extend energized or unenergized
cable, or conduit, to all ne�a residential developments as they are
constructed. Cost of trenching, conduit, pedestals, and/or vaults
and laterals as well as easements. therefore required to bring service
to the development shall be borne by the developer and/or Iandowner. .
All installation and construction by developer and/or landowner shall be
to the specifications of the Grantee . Grantee need not provide
cable television services to such a development until thirty percent
(30'/0) of the residential dwellirig units passecl by cable have agreed
to subscribe to cable service .
G. System Expansion Limitation. Upon petition by the Grantee,
the Renton City Council may defer or indefinitely suspen d any expansion
required by this Ordinance after a showing by the Grantee that such
expansion would cause unreasonable financial hardship to Grantee . Any
such Council decision shall be made by the Council after public hearings .
The City Clerk shall publish a notice of any such hearing (at least
ten (10} days prior to the hearing) , setting forth a time and place
when and where any person or persons having any interest therein may
appear before theCouncil and be heard. .
H. Industry Participation in LID' s and RID' s Where Cable `
Systems do not exist. The Grantee shall participate in al1 LID` s and
RID' s where no cable plant exists at the time of construction:
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a. Grantee shall be given plans of projects as soon �
as they are available so it may design the system to its specifications
using conduit or direct burial cable .
b. Wherever possible , trenches will be provided free of
charge ot the Grantee in all LID ' s and RID ' s .
SECTION XXIII : Limitations and Conditions .
A. Grantee ' s facilities shall be so located or relocated
and so erected so as to interfere as little as possible with traffic
or with such streets , avenues , highways , bridges and other publie
places and egress from and ingress to abutting property, provided,
however, that Grantee shall not break up, block or disturb any street
or other
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.public thoroughfare without prior written permission from the City, I
acting by and through its :Director of. .P_ub�ic '`�1orl�s .. All such cons-
truction and installation work, whenever same crosses any of the public
properties , shall be done under the supervision of and upon the
inspection of the Director of Public Works and Grantee shall timely
submit unto the Director of Public Works , prior to any such work,
detailed plans and specifications of �ny such proposed work. The
Iocation of any franchised property in a street or other public area
shall be subject to the approval of the Director of Public Works and
such approval shall be given in writing and Grantee shall be subject
to all applicable Ordinance, regulations , permit or license fees .
as provided for by the Ordinances of the City of Renton from time to
time.
B. During :any period of construction, all surface structures ,
� if any, shall be erected and used in such places and positions within
said public rights of way and other public properties so as to inter-
fere as little as possible with the free passage of traffic and the
free use of adjoining property, and Grantee shall at all times post and
maintain proper barricades during any such period of construction as is
required by the laV?s and statutes of the State of Washington. Any
portion of the street so excavated shall within a reasonable time and
as quickly as possible after said excavation be restored and replaced
by the Grantee at its sole cost and expense in at least as good
condition as it -was immediately prior to the time of such excavation,
and all to be performed in accordance with the applicable rules and
regulations of the Public Works Department.
C. Grantee , its successors and assigns shall commence con-
truction under any franchise within one (1) year from and a�ter the
date of granting thereof, and all such work sha11 be done and
completed with the greatest amount of dispatch so as to reduce any '
interference with the vehicular and pedestriar� traffic and the public
safety and welfare to a minimum. If Grantee has failed or neglected ,
�o commence such construction within said period of one (1) year, then
all rights ,_ privileges and authorities herein granteci shall cease and
terminate and the Franchise shall be of no further force and effect.
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Grantee covenants and agrees , for itself, its successors and I
assigns , that in the event of any neglect, failure, refusal or omission
to comply with any of the terms , conditions and regulations of any -
frnachise and the rules and ordinances of the City of Renton that the
City may give notice of said default, and if such default has not been
corrected or the conditions of the Franchise have not been complied
with within thi�ty (30) days after receipt of such notice , then any
franchise and all rights accruing thereunder shall be immediately subject
to forfeiture and termination, at the option of the City.
D. Grantee, its successors and assigns shall promptly repair
any damage to City property of every type and nature and all other City
improvements caused by the failure or workmanship of Grantee ' s work during
the life of any franchise; Grantee shall comply with all ordinances and
regulations of the City of Renton regarding such excavation and whenever
deemed necessary by the Public Works Director, shall be required to post
a performance bond in favor of the City warranting, among other things ,
that such restoration work will be done promptly and in a proper, work-
I manlike manner.
SECTION XXIV: Indemnity and Hold Harmless and Waive.r of
Damages :
A. Grantee, its successors and assigns shall indemnify and
hold harmless the City of Renton from any and all liabilities , fees ,
I costs and damages , whether to person or property, or expense of any
type or nature which may accrue to the City by reason of the construction,
, operation, maintenance, repair and alteration of Grantee ' s facilities ;
provided, however, that in case any suit or action is instituted against
the City by reason of any such damage or injury, the City shall cause
written notice thereof to be given unto Grantee and Grantee thereupon
shall have the duty to defend any such suit or action, without cost,
or expense to the City.
B. Grantee shall have no recourse whatever against the
City of Renton for any loss , costs , expense or damage arising out of
any provision or requirement of any franchise or the enforcement
thereof. No privilege nor exemption will be granted or conferred unto
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Grantee by any Franchise except those specifically prescribed herein,
and any such privilege claimed under this Franchise by the Grantee
in any street shall be subordinate to any prior lawful occupancy of
the �treet or any subsequent improvement or installation therein.
SECTION XXV: Bond and Insurarice . Grantee shall , before
construction file a good and sufficient bond as determined by the
City of Renton executed by a surety company authorized and qualified to
do business in the State of Washington , condi�tioned upon the faithful per-
formance of all duties and obligations to be performed by the Grantee under
the terms of this Ordinance, including the payment of all gross revenue
payments imposed by the terms of this Ordinance, and the removal of said
system, and including repair and restoration of streets , and all public
utilities of every type and nature incident to all work done by the Grantee
�
pursuant to the terms of any franchise, and such bond to be renewed by the
Grantee annually and kept in full force and effect at all times during the
life of any franchise.
Grantee shall forfeit all rights and .privileges conferred
by any Ordinance , and the Franchise shall be null and void and of
no force and effect whatever unless Gran-tee shall, before commencing
construction of any part of said coaxial cable system, file with the
City Clerk proper evidence that it has in full force and effect and
shall keep in full force and effect during the life of the franchise ,
public liability insurance , naming the City of Sea-ttle and City of
Renton as additional ' insured with coverage of not less than $100, 000 . 00
per person, $300, 000. 00 per accident and property damage liability of ,
not less than $50, 000. 00.
SECTION XXVI : Codes . All work done by the Grantee pu.rsuant
to any franchise shall be in full compliance wi�h the National Electrical
Safety Code and all applicable laws of the State of Washington and
Ordinances of the City of Renton then in effect. In the event that
Grantee fails at any time to furnish any required safeguards , signs ,
signals , and/or
- 16 -
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so cempl�, an� �n s�ch �vent the �rar�t�e agree� and �ov�n�nt� ta prorn�-�2y
,y: -ti�-��ei.mburse�_t�he .Ci.ty;.for -al.l.. ex.penses� of..-such..work...__ _ _ __ _ • � _ _
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:'fi'_�^' _ ., . . . � .. . .. ... . .. . . .. .:.!"_ ,, ..-. ..'. ' .. ... , " r' . ... . .. _ ,^ . � . . ... •_'_. . ' ' ' . .Y:"'_. .. :- . . . " ' . .
SECTIQ��T X��I�T : �ais?ng or Movirig f��ires. If the raisir_g
or �oving or c�b?es or cv�r�es is r�qui,ne� by ��ny �third party ai. ar�y
ti.��e to en��.ble use of the �ti�CfS g o� other public rights of way or
ro� - r�� � ha Z ma e wr' tten a lieation at least fiv�
P- �
er�i.es , su.ch pa y s_ 1 k a pp
, t5) days in advance• of such required use, and Gra��tee shall raise or
move said cables , wires and/or ozher equi�ment at the eYpense of such
applican�t.
I� SECTIO�T XXVll� Condemnatzono Ir, during the term� ot tr,�.._:
franchzse, or any exten�ion thereof, the City shall acquire by purchase
or condemnation any of Grantee4s. property or assets maintained or
used hereunder, no greater sum shall be allowed for the value of th� .
rights herein granted, in additian to all other elements affecting
the value of such purchase or condemned property, than the ac�cual
cost oi obtaining the franchise.
SECT'ION XXTX:. ._ An_y and all Ordinar�ces or Dd7`'t5 of
O�dinances ir. ecni iict her����ith a-r� h�reby rcp�aled e
SLCTTOP� XXX:;: This Ordirance shall be effec�ive upon its
�assage , approva� and five days af i er i�s publicatior..
PASSF'D B`� 11-1E Cl'�'Y CQa.;ivCI� this 15th day of� ` May ' , ' �;; .
� �. �0��,
Delo-res A. P�Tead, Cit�_Clerk
APPROVL� BY ��'HE �•1AYOP. this 16th day of May 1977 .
, � .�
C�G=?�s �,/�Delaurer�ti , :�Iayo^
��,pr ved as to i ar�: �/
XJ�� ',
G"�'ars�c�/�� �nel�an s �,:=�y �1�to7,n�y
�a�e of Publicntion : 5-20-77 -
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GLOSSA�Y OF ;TERMS
ACCESS GHANNEL: A free composite channel to be used by governmera.�,
education and public.
ALL-CHANNEL .ANTENUA: An antenna which receives signals equally
I we1.I over a wide band of frequencies .
AN:PLIFIER: A device cansisting of el�ec�ronic companents used ta
increase power, voltage ar current of a sa.gnal.
AMPLITUDE MODULATED LINK: A form of rnicrawave which uses amplitude
modulation of a micrawave carrier rather �han the conventianal
f'requency madulatian usually used for microwave television l.inks.
This is usuall.y accomplished by heteradyne canversi.on from conven-
tional TV channels .
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ANTENNA ARR.'�Y: A rad�ating ar receiving system compc�sc�d of several �
spaced radiators ar elemen�s. I
ATT�.NUATQR: A device fc�r reducing the power of a signal.
ATTENUATItiN LflSS � The actua�. pow�r loss i�. a cable, attenuator ,
cou 1in or other device when elec�rical enargy is �ransmitted
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through iC, usually expressed a.n d�cibelse
- AUTOMA.TTC GAIN CONTRCiL (AGC} : A circu.it which automatica7.ly controls I
the gaxn af an amplifier sa that the ou�put s�.gnal Ievel is vir�uall�T I
constant for varyirag input signal �evel. I
~ AUTQM4TIC TZLT: Automatzc carrection of ehange in ti.l�, or the II
relative leve]. of signals af different freq�encies. i
BACK MATCHED TAP: A cabl:e tap device �ahich ernplays �ransfQrmer
isolatian and also employs impedence maCching at the tap-aff I
po�nts . �
BRIDGER: An ampli.fier cannected directly into the main trunk Iine
to feed distri.bution cables with minimurn i.nsertion loss in the main
trunk line. �
CABLECASTING: Origi,n.ation o�' pragramrning by a CATV system, usually I
o�her than automatecl services such as scanning wea�her dials , and
exclusive o� broadcast signals .
CABLE POWERING: A method af supplying power through the coaxia�, I
cable ta system amplifiers. I
C�PACITIVE� TAP : A tap device with a capacitor netjaork providin� th.e �
desired amount of I.oss and isolation between the feeder cable and
�he subscriber drop cable. 3
, .�
GASCADE: The operation of devices tusually amplifiers} in sequence �
i.n a cable system wi�h the output of one de-vice feeding the input
of the next.
CASC.�DEABZLI'I'Y: The performance capabili�y of ampli�iezs used to
reamplify the same signal along a cable system without noticeable
degradation.
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'``". " .CHAN�IEL COMBINER: An electronic or passive device which accepts
� the RF signals from many sources and combines them for delivery
to the cable.
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COAXIAL CABLE: A cylindrical outer conductor (shield} surrounding
a central conduc�or held centrally in place by an insulating material
referred to as the dielectric. It is, the most commonly used means
of CATV signal distribution.
CO-CHANNEL: A forin of TV signal distortion where the same frequency
is received from two different transmitters simultaneousZy. It
generally appears as horizontal bars in the picture.
CONDUIT: A tube, manufactured of an environment protective material,
through which CATV cable is conve.yed in an underground system.
CONVERTER: An electronic device that will shift any .television
channel(s) from one channel to another.
CROSS MODULATION: A form of signal distortion in which the visual
� content from one channel is superimposed on the visual content of
another channel. �
DIELECTRICe The material , usually an electricai insulator, which
separates two conductors between which an electric potential exists.
Usually, the insulating material separating the center conductor
and outer shield of a coaxial cable. �
DIRECTIONAL COUPLER: A passive device that divides signal power
between two paths with a greater degree of attenuation in one
� direction than in the other.
DIRE�TIONAL TAP: A passive line tapping device based on ciirectional
coupler principles which diverts a portion of the signal from the
line to the drop cable, The directional quality attenuates signals
from the drap line, reducing reflections in the distribution cable.
DISCtZETE AREAS : The separation of King County into separa�e commu-
nities as required by the Federal Communications Commission regarding
Access Channel. .
DISTRIBUTION AMPLIFIER: An amplifier used with the main trunk cable
at a point from which one or more feeder cables are extended
(bxanched out) .
DISTRIBUTION SYSTEM: The part o� a CATV sys-�e� used to carx'� sig�a7.s
from the head,end to the subscriber t�s re"cei.vezs. '
DROP : The cab�e which connects the tap or� the �e�dez 1.i,ne to the
subscriberFs house.
FCC: Federal Communications Commission�
FEEDER LINE : The coaxial cable running from bridgezs , to line.-
extenders and taps. Sometimes calJ,ed a distri,but�on cab�,e. �
FIELD STRENGTH METER: A frequency selective hetex-odyne receiver �
capable of tuning the frequency band of interest , as used for TV,
54 to 216 MHz , with indicating meter showing the magnitude input o�
voltage and the dial indicating the approximate frequency,
FREQUENCY: The number of complete cycles or vibrations per unit
� of time (example : 60 cycles per second) . '
GAIN: A measure of the signal level_ increase in an amplifier I
usually expressed in dB. �
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t���. • �`iE1�DE�JL�: The electronic equipment located at the start of a cable
' .syst�m, usually including antennas , preamplifiers , frequency
' � converters , demodulators , modulators and related equipment. Both
- the building and the equipment which receives the television signals
and processes them before application to the cable system are
known as the head-end.
INSERTION LOSS : Additional loss in a system when a device such as
a directional coupler is inserted; equa? to the difference in signal
level between input and output of such a device.
LID: Local improvement districts: - .
LINE EXTENDER: Feeder line amplifiers used to provide sigrtals at
a sufficiently high level to the more distant subscribers .
LOCAL SERVICE AREA: Area where cable operators have operating ,
cable systems. . �
LOG PERIODIC ANTENNA: A form of antenna with intrinsic broadband
and directional characteristics . Characterized by low response to
the back �and sides. . _
� MAJOR TELEVISION MARKET: The specified zone of a commercial televisior
station licensed to a Top-100 community, or a combination of such -
specified zones where more than one community is listed. .
MARKET GENERA.TOR: An electronic instrument providing variable or
fixed signals and used in conjunction with the frequent sweep testi.ng
to determine a specific frequency in the RF spectrum. •
MESSENGER: A steel cable , strung between poles or other supporting
structures which supports the CATV coaxial cable. The coaxial cable
is usually attached to the messenger by lashing with stainless steel
wire.
MODULATION: The process , or result of the process , whereby some
characteristic of one wave is varied in accordance with another
wave. �
NOISE : In general , any unwanted signal or interference. Usually ,
refers to unwanted signals of a random nature arising from thermal
effects in the input circuits of amplifiers. This form of noise is
known as "snow".
OFFICE OF CABLE COMMUNICATIONS : City of Seattle Board of Public
Works Uffice of Cable Communications administers and regulates
CATV Franchises in greater King County.
PAP.ABOLIC ANTENNA: An antenna that has a folded dipole or feed horn y
mounted at �he �ocal point of a metal or mesh dish haying a concave
shape known as parabola.
PREArIPLIFIER: An electzoni.c device , usually haying superior input
noise figure, designed to strengthen ox bQost a weak o�f-aix signal,
to a zevel. wheze it wi.7,], be. suf�ici�en� to dKiye succeeding amp�ifi_ers_
PRESSURE TA�: A device which connects to the center conductor and t
shield of a distribution cable to extract television signals ; tap
does not require cutting of cable to make contact for a subscriber
drop. ',
RESOLUTIJ�I : A m�asure af picture resolving capabilities vf a tele-
vision system determined primarily by band width, scan rates
and as ect rat�on. Rela es
t to fineness of detai s
P 1 perceivable.
R. I . D. : Road improvement district .
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TABLE OF �ONTE�ITS
CABLE TELEVISION ORDINANCE
Section Page
1 . Purpose . . . . . . . . . . . . . . . . . . . . . 1
2 . Application for Franchise . . . . . . . . . . . . 1
3. Terms of the Franchise . . . . . . . . . . . . � . � 2
4. Rates and Charges . . . . . . . . . . . . . . . 3
5. Franchise Fee . . . . . . . . . . . . . . . . . . 5
6. Length of Franchise . . . . . . . . . . . . . . . 6
7 . Modifications . . . . . . . . . . . . . . . . . . 6'
8 . Certificate of Compliance . . . . . . . . . . . . 6
9 . Equal Employment and Affirmative
Action Plan . . . . . . . . . . . . . . . . . .( . 7
, �
10. Complaints . . . . . . . . . . . . . . . . . . . 7
11. Performance Test . . . . . . . . . . . . . . . . 7
12 . Obscenity . . . . . . . . . . . . . . . . . . . 7
13. Discrete Areas . . . . . . . . . . . . . . . . . 7
14. Access Channel . . . . . . . . . . . . . . . . . �
15. Unlawful to Steal Service . . . . . . . . . . . . .8 �
16. Amendment of Ordinance . . . . . . . . . . . . . 8
17 . Transfer of Ownership . . . . . . . . . . . . 8=
14. Hearing . . . . . . . . . . . . . . . . . . 9
19 . Consumer Protection . . . . . . . . . . . . . 9
, 20. Construction Variances . . . . . . . . . , 11
21 . Rights Reserved to the City . . . . . . 11
22 . CATV Construction System�Expansion . . , . . 12
23 . Limitations and Conditons _ . .. . . . . . . . 13 a .
24. Indemnity and Hold Harmless and Waiver �-
of Damages . . . . . . . . . . . . . . . . . 15
25 . Bond and Insurance . . . . . . . . . . . . 16
26. Codes . . . . . . . . . . . . . . . . . . 16-
27 . Raising or Moving Wires . . . . . . . . 17
28 . Condemnation . . . . . . . . . . . . . . . . 17