HomeMy WebLinkAboutORD 3155 � .
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� CITY 0�' RENTON, WASHII�GTON
, ORDINANCE I�TO. z� �� ,_
AN ORDINANCE OF THE CITY OF RENTON, WASHINGT4N,
AUTHORTZING A NON-EXCLUSIVE FRANCHISE TO OPERATE
A CABLE COMMUNICATION SYSTEM (CATV) W.TTHTN THE
CITY LIMITS OF THE CITY OF RENTON, WASHINGTON
THE CTTY COUNCIL OF THE CITY OF RENTON, WASITYNGTON D0�
ORDAIN AS FOLLOWS: .
SECTION I: PURPOSE: This Franchise shall constitute an
agreement between the City of Renton and Northwest Cablevisiori d/b/a
Teleprompter Corporation, (Grantee� to constf�uct, maintain and operate
a CATV system for the distribution of television signals.
SECTTON II: • LENGTH OF FRANCHISE: The length of this �'ra.nchise
shall be for a term of 15 years from the date of acceptance by the
� Grantee.
�ECTION III: TERMS OF �'RANCHISE: This Franchi�e granted
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to Northwest Cablevision d/b!a Teleprompter Corpora-�ion, shall not
be deemed to b� exclusive and shall not in ar�y. manner grevent the � �
City of Renton from gran�ing other or fu�ther franchises. The.
Grantee agrees to all the terms, conditions , requirements, obligations
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and duties as outlined in Ordinance No. 3137 , dated May 16 , 1977 ,
of the City of Renton as passed by the Council of the City of Renton,.
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as may be amended from time to time. A true and correct copy of s�aid
� Ordinance is attached hereto as Exhibit "A" and incorporated herein
as if fully set forth.
SECTION: IV: FRANCHISE F£E : � 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 percent ( 30) of
the basic subscriber fees received by the Grantee as more particularly _
set forth in Section V, Franchise Fee, of Ordinance No. 3137 , same
being Exhibit "A" attached hereto. � . ' , �
SECTION. V: AMENDMENT OF FRANCHISE : The Renton City Council
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under its �police powers reservesthe right to amend any Section '
of this Ordinance at any time .
SECTION VI: CONDEMNATION: If, during the term of the
franchise, ox� any extension� thereof, .the City shall aequire by� ' .
purchase or condemnation any of Grantee' s property or assets maintained
or used hereunder, no greater sum shall be allowed for the value
of the rights herein granted , in addition to all other elements
affecting the value nf such purchase or condemned property, than the
actual cost of obtaining the franchise. .
SECTION VII: This Ordinance shall be effective upon its
passage , approval and five days after its p�.btication.
PASSED BY THE CITY COUNCIL this 12thday of �September�,1� .
Delo�����CitST �ler��
12 th �'�``f'�`;�Y�.:<�'-�
APPROVED BY THE MAYOR this day of Septer+.ki:P'z-,, i9,77=:'
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� l e�rge�d! Pe fry;Mayo�r�Pro e;m
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Approved as to�form: .
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G�rard M. Shellan, City Attorney
Date of Publication: 9/16/77
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TABLE OF CONTENTS
• CABLE TELEVISION ORDINAPdCE
Section. Page
i. 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 . . . . . . . . . . . . . . . . . 8
15. Unlawful to Steal Service . . . . . . . . . . . . 8
16. Amendment of Ordinance . . . . . . . . . . . . . 8
17. Transfer of Ownership . . . . . . . . . . . . . 8
18. Hearing . . . . . . . . . . . . . . . . . . . . 9
19. Consumer Protection . . . . . . . . . . . . . . 9
20. Construction Variances . . . . . . . . . . . . . l�
21. Rights Reserved to the City . . . . . . . . . . 11
22. CATV Construction System Expansion . . . . . . . 12
23. Limitations and Conditons . . . . . . . . . . . 13 a
24. Indemnity and Hoid Harmless and Waiver
of Damages . . . . . . . . . . . . . . . . . . . 15
25. Bond and Insurance . . . . . . . . . . . . . . . 16
26. Codes . . . . . . . . . . . . . . . . . . . . . 15
27. Raising or Moving Wires . . . . . . . . . . . . 17
28. Coridemnation . . . . . . . . . . . . . . . . . ��
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° ° � E X ` H I B I T �� A �r x ��.� ,�
�FSc�Ct�ztoa��"3�S�'
CITY OF RENTON, WASHINGTON j
ORDINANCE N0. 3137
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ESTABLISHING AAID DEFINING TERMS, CONDITIONS, RATES
AND CHARGES, REQIIIREMENTS, OBLIGATIONS AND DUTIES
�'OR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF
A SY'STEM FOR TELEVISION SIGNAL DISTRIBUTION WITFiIN
� THE CITY OF RENTON, WASHINGTON.
BE IT ORDAINED BY 1'HE MAYOR AND THE CITY COtTNCIL OF THE
CITY OF RENTON, WASHINGTON, AS FOLLOWS:
SECTION I: Purpose. There has been established upon .all
political eubdivisiona by 47 CRF part 76 the duty to regulate
televietion signal distribution systema within ttiat political
subdivision. There exist within the City Limits of the City of Renton
such systema and thia Ordinance ia to meet, the dictates of 47 CFR,
� part 76, and further to provide an integrated Ordinance concerning
television signal dietribution. This Ordinance hereinafter will be
referred to as "CATV Ordinance."
SECTION Ii: Application For Franchise. Each application
for the granting or renewal of a franchiae to construct, operate or.
, maintain any cable televiaion system upon a city righe of way ahall
� be filed with the Office of Cable Communicationa 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 buainees organization of
the applicant, including the following:
' (a) The names, residence and business addreeaea of all
officers and directors of the applicant; \
(b) '�he names and addresaea of all pereons having control
of, or being entitled to have or control, 570 or more of the ownership
of the applicant, either directly or indirectly, and the reapective
owneYs'hip 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 operation of the applicant,
wnich shall include:
- a. A description of the cable district proposed to
be served and a proposed time schedul.e for installation in each
neighborhood or portion of the district.
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 ti�at 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 R�nton from granting other or further franchises
or permits in, along, over, through, under, below or across any of
said rights of way, streets, avenues, and other public lands and
properties of every type and description; and such franchise 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 tizem or any part of them, with full
power to make all necessary changes, relocations, repairs, maintenance,
establishment, improvement, dedication of same as the City may deem
fit, 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 aud expense, to protect, support, temporarily
disconnect, relocate or remove from any street or other public
property any of its instaliation when so required by the City
of Renton by reason of traffic condition, publ�c safety, street
vacations, dedications of new rights 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 acting in a governmental
capacity, provided that Grantee shall in all such cases have the
privilege ro 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
di,sconnected or removed.
SECTION IV: Rates and Charges. �vo Grantee shail impose
or be permitted to impose upon subscribers or users rates or charges
for instaliation and for basic services, approved by the Federal
Communications Cou�ission an/or the Ci.ty of Renton, until it has
first been determined in the manner hereinafter provided that such
rates are not in excess of a reasonable amount. In connection with
the original grant of a franchise pursuant hereto the reasonableMess
of rates and charges shall be recou¢nended by the Office of Cable
Communications or any other body designated by the Renton City Councii.
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 eiderly or low income permanently disabled; such
discounC to be in the sum of Two Dollars ($2.00) from tae 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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of Ordinance No. 1628 and Section 715 (D) and (E) of Title VIII
, of Ordinance No. 1628, or as same may hereafter be amended, shall
be controlling.
Any applicant for the granting or renewal of a franchise
and any Grantee proposing any increase in rates and charges for
installation or basic services shall first file with the Office of
Cabie Co�nunications or any other body designated by the Renton City
Council, a schedule of the proposed increased rates and charges
together with supporting financial data. Such supporting data
shall include a statement covering the period since the last previous
rate adjustment showing clearly what total proceeds were derived from
the system in terms of ratepayers payments and users charges and
the proportion of those proceeds
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devoted to the operation ar.d maintenanee of the system and construction
of capital plant in the local service'area.The Office of Cable Cor:�municatior.s
or any other body designated by the Renton City Council shall examine
and investigate the material submitted by the applicant or Grantee,
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 Renton 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 over the
local access channels of the applicant or Grantee (if any) in the cable
district or districts affected at least once each working day between
the hours of 9 a.m. and 11 pom. during the two weeks immediately preceding
the hearing. The purpose of the hearing before a Hearing Examiner shall
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 appiicant's
_ accounts and records by certified public accountants is essential to
a determination of the fairness of appiicant�s proposea rates and
charges, he may direct applicant to cooperate. In the. operation of a
CAT�� syster.i undPr a franchise granted pur.suant to this Ordinance, no I
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Grantee shall make or grant any undue preierence or advantage to any
�ubscriber or user or otner person, nor discriminate against any person
or grouo; provided that this bubsection shall no�t be construed to prohibit
trade promotions customary in the iiidustry, provided such trade promotions
not
are o�therwise/prohibited by laca.
If the request for rate increase has not been acted upon
within one-hundred-twenty (120) days of filing date, the 6rantee may
increase subscriber rates subject to final action by the Renton City
Council. `
, SECTION V: Pranchise Fee. The Grantee shall pay unto the
City of Renton quarterly, on or before the lOth day of each April,
JuZy, October and January, a sum equal to three per cent (30) 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 agents shall have the right, at all reasonable times, ^
to inspect the books and records of the Grantee for the purpose of
ascertaining accurately 'the actual basic subscriber receipts of 'Grantee
and 6rantee 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, CFR 76,31, .subparti(ti).. The franchise fee
collected by the.City of Renton shall be used for the regulation and
administration of cable communications, Any excess amoun�t received .
over and above the cost for the acirministration and regulation of cable �
communications shall be placed in a special fund earmarked for the
cable communications and
promotion and development of�access cnannels including government,
educa�tional, and public. Disburseme�it of ,such funds shall be inade I
only after the aPproval of the Ranton Citv Council. I
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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
fifteen (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
for 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.
SECTZON VII: Modifications. If any portion of this Ordinance
should be inconsistent with any rule or reguiation now or hereafter
adopted by the Federal Communications Commission, then to the extent
of the inconsistency, the rule or regulation �f �he Federal Communi-
cations Commission shali control for so long, but only for so long, as
such rule or regulation shall remain in effect, but the remairiing
portions of this Ordinance shall not hereby be affected,
This Ordinance must be amended whenever possibleJ 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.
SEGTION VIII: Certificate of Compliance. The franchise holders
shall have a valid certificate of compliance issued by the Federal
Communications Commission or a pendi�g 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 possibie. 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 hy the Ftenton 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 ariy 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 reguiations of the Federal Communications Commission.
The Grantee sha11 at all times adhe�e to the Fedez�l
Cot�unications Commission rules, C�R 76-215, as now in fozce or arty
any time amended.
SECTION Xili: Discrete Areas, The City o� 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 Channel. The Grantee shall at all times
adhere to the� Federal Communications Commission rules CFR.76-251
(access channel) , as now 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 carried 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 ($250:00) or by
imprisonment for not over thirty (30) days, or by both such firie
and imprisonment.
SECTION XVI: Amendment of Ordinance. Upon recommendation of
the Office of Cable Communications or any other body designated by
the Renton City Council, a review of this Ordinance may periodically -
• be made by the Renton City Council. The Renton City Council under its
police powers reserves the right to amend any sectfon of this
Ordinance at any time. -
SECTION XVII: Transfer of Ownership. Any franchise shall be
a privilege to be held in personal trust by the original Grantee.
It cannot be sold, transferred, leased, assigned or disposed of, in
whole or in part, either by forced or involuntary sale, merger, con-
solidation or otherwise, without prior written approval of the City
of Renton. Said approval shall be granted b}r the Renton City Council
only after a public hearing and under the same terms and conditions
as an original application. Said applications shall not be refused
unless the Councii finds that the public interest wi11 not be served
by the proposed transfer.
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k . In the event the Grantee is a corporation, an assignment . ,` �
of the franchise shall be deemed to occur if there is an actual change
in control or where ownership of more than 50� of the voting stock
of the Grantee is acquired by a person or a group of persons actinq
in concert, none of whom already own 50� or more of the voting stock
singly or collectively. Any such transfer or assignment shall be made
only by an instrument in writing, such as a bill of sale or similar
document, a duly executed copy of which shall be filed in the office
of Cable Communications and the office of City Clerk, City of Renton,
within 30 days after such transfer or assignment.
S$CTION 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 maintaifi 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 applicaht 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 to all other ricjhts conferred in this Ordinance.
(a) upon request, each Grantee shall £urnish to the O£fice
of Cable Connumications or any other body designated by the Renton
City Council, and the Office of Cable Communications or the designated
body shali compile and maintain for public inspection during regular
btisiness hours, copies of:
1. All applications and oEher communications submitted by
ttie franchise applicants or Grantees to the City of Renton, the Federal
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i 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 ail 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
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 reqular 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 Re:nton
City Council and the disposition thereof; and -
3. Policy statements and administrative and staff operating
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 £acility,
or changes in channel allocation or assignment, the Grantee shall give
notice thereo£ to the subscribers and the Office of Cable Communications
oi 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 subscribers a 30-day written notice
of any hearing concerning any proposed change in subscriber rates and
I charges.
(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 £or 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 Renton and
used for public purposes and not residential 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 o£ 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 s ancl 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 £or
system extension, subscriber installations, or any other variances
that may be required by the City of Renton.
SECTION XXI: Rights Reserved to the City. A Grantee shall
upon reque5t of the Mayor or City Councii make its facilities immediately
available tb the City for emergency use during the period of an}i emergency
or disaster declared by the Mayor or City Council.
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SECTION XXI�I. CATV Construction System Expansion. Aerial and
Underground.
A. Subscriber Installation - Aerial from existinq distribution
cables.
1. The resident shall request service.
2. The resident shall be connected to cable at standard
• connection charge if the aerial connection drop does not exceed 150 feet.
3. If the connection aerial drop exceeds 150 feet, the resident
may be charged the actual cost for the distance exceeding 150 feet plus
standard connection charge and Grantee may request advance payment for
such installation.
B. Underground from existing distribution cable.
1. The resident must pay for furnishing open trench as
specified by the cable company, backfilling and restoring to original
conditions.
2. The resident shall arrange for all necessary easements
over or under private property.
C. Systems Extension Aerial up to 300 Feet Extension.
1. The resident shall request service.
2. The Grantee shall extend a system to a resident who
requests such service.
3. If the energized distribution cable is more than 300 feet
from the residence, the Grantee may charge actual cost £or normal
construction for any distance exceeding 300 feet and may request advance
payment.
D. Systems Expansion.
The Frnachisee shall within six (6) months from executing
its acceptance of this frnachise prepare and submit a plan acceptable
to the City for the completion of the construction of previously �
unwired portions within the geoqraphic area of this frnchise. Con-
struction under said program shall be staged for completion and be
completed during a period o£ time not greater than twelve (12) years
after the Grantee has received a Certificate of Compliance. Said
� program shall be subject to the approval o£ the Renton City Council and
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the Orf ice o�. Cab1e Cc�rr�mun.i���ti.onz; and �.� an:lual. review of the p.og, am
t;y th•� Offices of [':�b1�cCr�.:�;;i:n.icat�an� to as;�re �^ompliance. I'a:i.lure I
't�� cn� Frar�r.hi.,�� �io:lc;c:r� �r� hav4 c:or�:>tructe<I ancl located �;uch 15nes ari�:
caUle shall at. tiie o,>ti.an �; tY;e Iterttan City Council. o�erai:e a5 an
aban�onm<�nt c�f thc� r:�;h t 5 t�tid��r tt�i:; f rrirzchise,
E, Under�;rounding of Sy�tem. For system expansion in
existi.ng develop�3ents, the Graritee sha13 ptace the cable system under-
�round in locK-�lities where bc�th tele�hc�nE: and pawer l.i.nes are tznderground.
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For existing aerial facilities Grantee shall replace aerial facilities
caith underground facilities concurrently and in cooperation with
similar programs of the telephone and po:aer utilities. At no time
shall the cable system be the only aerial facility. Where undergroundino
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 ExistinQ Underground Developments
or Tracts. Grantee may, at its option, extend energi2ed or unenergized
cable, or conduit, to all new 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 sha11 be
to the specifications of the Grantee. Grantee need not provide
cable television services to such a development until thirty percent
(30%) of the residential dwelling units passed 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 suspend 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 theCounciZ and be heard.
H. Industry Participation in LID's and RID's Where Cable '
Systems do not exist. The Grantee shall participate in a11 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 o£
Icharge 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 public
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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' � , � CABLE TELEVLSZON , � ' '
' GLOSSARY OF TERMS
ACCESS CHANNEL: A free camposite clianne2 ta be used by governrnent�
education and public.
ALL-CHANNEL ANTENNA: An antenna cahich receives signals equally
well aver a wide band of frequencies.
ANiPLIFIEIt: A device consisting af elecCronic components used to
inerease power, valtage or currertt of a signal.
AMPLITUDE MODULATED LI13K: A £orm af nnicrowave which uses amplitude
madulatian of a mi.crowave carrier rather than the conventional
frequency modulation usualZy used for micrawave television links.
This is usually accomplished by heterodyne canversion fram conven-
tional T� channe3s.
ANTENNA ARRAX: A radiating or receiving system enmposed of severa�.
spaced radiators ar elements.
ATTENitATOR: A device for reducing the power of a signal.
ATTENtTATION LOSS: The actual pawer loss irt a cable, attenuaCor,
coupling, ar ottier device when electrical energy is transmi.tted
through it, usually expressed in decibels.
' . AtITOMATZC GAII3 CQI3TROL {AGC) : A circuit which automaticaZly controls
Che gain of an amplifier so that the output signal level is virtually
constant for varying input signal level. _
� AtJTqMOTIC 'TILT: AuComatic correcti.on of change in ti1C, or the
relative 3eve1 af signals of dif£erent frequencies.
BACIC MATCHED TAP: A cabl•e tap device which employs transformer
isolation and alsa employs impedence matc'reing at the tap-o£f
points.
BRIDGER: An amplifier cannected directly into the main trunlc line
to feed distribution cables with minimurn insertion 7,oss in the main
trunlc Zine.
CABLECASTING: Qrigination af prpgramming by a CATV system, usually
other than automated services such as scanning weather dials, and
exclusive of broadcast signals.
CABLE POWERING. A metttod of sugplying power throug27 the coaxial.
cab�e to system amplifi.ers.
C�IPACITZVE TAP: A Cap device with a capacitor net�aork providing the
desired amount of lass and isalation between ttie £eeder cable and
the subscriber drop cable.
CASCADE: The opera�iotz af clevices {usua�ly amplifiers) in sequence
i.n a cab�.e system with Che aut�ut af one device feeding the input
af the nexC.
CASCADEABi[.,ITY: The performance capability af amplifiers used to
reainplify the saine signal. along a cable system withauC naticeable
degradation.
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; ' � � CHANNEL COMBIP�ER: An electronic or passive device which acce,pt� ' �
the RF signals from many sources and combines them for delivery
to the cable. •
COAXIAL CABLE: A cylindrical outer conductor (shield) surrounding
I a central conductor held centrally in place by an insuiating material
referred to as the dielectric. It is, the most commonly used means
of CATV signal distribution.
CO-CHANNEL: A form of TV signal distortion where the same frequency
is received from two different transmitters simultaneously. It
generally appears as horizontal bars in the picture.
CONDUIT: A tube, manufactured of an environment protective material,
through which CATV. cable is conveyed in an underground system.
CONVERTER: An electronic device that will shift any television
ctcannel(s) from one channel to another.
CFiOSS MODIILATION: A form of signal distortion in wh.ich the visual
content from one channel is superimposed on the visual content of
I aaother channel.
DIELECTRIC: The material, usually an electrical insulator, which
separates two conductors between which an electric potenCial 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 �vith a greater degree of attenuation in one
• direction than in the other.
DIRECTIONAL TAP: A passive line tapping device based on directional
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.
DYSCRETE AREAS: The separation of King County into separate commu-
nities as required by the Federal Communications Commissibn regarding
Access Channel:
DISTRIBUTION AMPLI�IER: An ampl.ifier used with the main trunk cable
at a point from which one or more feeder cables are extended
(branched out).
DISTRIBUTION SYSTEM: The part o� a CATV sysXem used to carz� sign�ls
from the head--end to the subscriberFs receiyezs,
bROP: The cabl,e which conneczs the ta,p on the. �eedeX ].j,ne to the
subscriber`s house.
FCC: Federal Communications Commission,
FEEDER LINE: The coaxial cable running from bridgei;s, to l,in�:
extenders and taps. Sometimes call.ed a distri.but�,on cab�,e. •
FIELD STRENGTH METER: A frequency selective heterodyne 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�
FREQiJENCY: The number of complete cycles or vibrations per unit
of time (example: 60 cycles per second) .
GAIIV: A measure of the signal leve� increase in an amplifier
usually expressed in dB.
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• ' ' � �tIEADEND: The electronic equipment located at the start of a �aLles
f ` system, 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.
ZNSERTION LOSS: Additional loss in a system when a device such as
a directional coupler is inserted; equaZ 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 signals at
I a sufficienCly high level to the more distant subscribers.
LOCAL SERVICE AREA: Area where cable operators have operating
cabie 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 teievisior
station licensed to a Top-100 community, or a combination of such
' specified zones where more than one community is listed.
MARKET GENERATOIt: An electronic, instrument providing variable or
fixed signals and used in conjunction with the frequent sweep testing
to determine a specific frequency in the RF spectrum. •
I MESSENGER: A steel cable, strung between poles or other snpporting
structures which supports the CATV coaxial cable. The coaxial cable
is usually attached to the messenger by lashing with stainless steel
wire. i
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 adminisCers and regulates
CATV Franchises in greater King County.
PAP.ABOLIC ANTENNA: An antenna that has a folded dipole or feed horn �
mounted at the focal point of a metal or irtesh dish haVing a concave
shape known as parabola.
PREAI�iPLIFIER: An electzoni.c device, usually haying superior input
noise figure, designed to strengthen ox baost a weak o�f-aiz signal,
to a �eyel. where it wi.�], be suf�ici,ent zQ dXiye succeeding amp�ifiers.
PRESSURE TA�: A device which connects to the cen�er conduetor and
shield of a distribution cable to extract television signals; tap
does not require cutting of cable to make contact for a subscriber
drop.
RESOLUTION: A measure of picture resolving capa`uilities of a tele-
vision system determined primarily by band width, scan rates �
and aspect rat�on. Relates to fineness of details perceivable.
R. I. D. : Road improvement district.
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� ' public thoroughfare without prior written permission from the Cit.y, ` ' ,
acting by and through its Director of Public [-Jorks. A11 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 birector of Public Works and Grantee shall timely
submit unto the Director of Public Works, prior to any such work,
det�iied plans and specificatians of any such proposed work. The
locaCion 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 applicab�e Ordinance, regulations, permit or, license fees
as provided for by the Ordinances of the City of Renton from time to
time.
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B. During any. period of construction, all surface structures,
if any, shall be erected and used in such places and positions within
i said public rights of way and other public properties so as to inter-
fere as little as possible with the free passage of Craffic and the
free use of adjoining property, and Grantee shall at all times post and
mainCain proper barricades during any such period of construction as is
required by the laws 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-
r.ruction under any franchise within one (1) year from and after the
date of graating thereof, and all such work shall be done and
completed with the greatest amount of dispatch so as to reduce any
interference with the vehicular and pedestrian traffic and the public
safety and welfare to a minimum. If Grantee has failed or neglected
to commence such construction within said period of one (1) year, then
all rights, privileges and authorities herein granted 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
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 thirty (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-
manlike manner.
SECTION XXIV: Indemnity and Hold Harmless and Waiver of
Damages:
A. Grantee, its successors and assigns shall indemnify and
hold harmless the City of Renton from any and all liabilities, £ees,
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 act'ion, 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 I
any provision or requirement of any franchise or the enforcement I
thereof. No privilege nor exemption will be granted or confeired 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 street or any subsequent improvement or installation therein.
SECTION XXV: Bond and Insurance. 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, conditioned upon the £aithful 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 a11 public
utilities of every type and nature incident to all work done by the Grantee
pursuant to the terms of any franchise, ancl 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 Grantee 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 ancl effect during the life of the franchise,
public liability insurance, naming the City of Seattle 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 pursuant
to any franchise shall be in full compliance with the National Electrical
Safety Code and all applicable laws of the State of Washington and
Ordinances of the City of Renton then in effect. Zn the event that
Graatee fails at any time to furnish any required safeguards, signs,
signals, and/or
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p 3i�nts o��, to promptly r�pai-r ar.y da;.�3�e to Cit; utilities or p:o�ptl�
:.iH".',:"1.�_.! 2::Cd'J%1i.:i2?: �S Y':;:i:lZ'-CG J� �7iJ Id47� O:'�inance OT` regulation,
c:..:r. t': . Ci.ty r�.,��_ . _s -.:;a .. ';h'_ �.o pz•oceed aU maY be requir�d to '
so cOmply, and in such event the Grantee agrees and covendnts to promptly
_ ,,;�,;�-•:srg�mburse:_the .Ci.ty,�for. al.l expenses, of stiuch..work.. _ _ r . . , ..
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SECTIOtd XXVII: Ra'is'irig or Mov'ing Wires. If the raising
or movir�g of cables or wir�:s is x�equired by any third party at any
time to enable us� of the streets, or other public rights of way ox�
properties, such party shall make written application at least five
(5) days in advance•of such required use, and Grantee shall rai�se or .
move said cables, wires and/or other equipment at the expense of such
applican�.
SECTION XXVIII Condemnat3on. If, during the term�of tl� _
franchise, or any extension thereof, the City shall acquire by purchase
or condemnation any of GranteeTs property or assets maintained or
used hereunder, no greater sum shall be allowed for the value of the.
rights herein granted, in addition to a11 other elements affecting
the value of such purchase or condemned property, than the actual
cost of obtaining the franchise. �
SECTION XXIX:._ Any dIld all Ordinances or arts of
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Ordinances in confliet herewith are hereby repealed.
SECTION XXX::. This Ordinance shall be effective upon its
passage, approval and five days after its publication. �
PASSED BY THE CITY CO�J1dCIL this' i6th day of` ' May" , 1977.
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Delores A. Mead-, Cir}I_Clerk
APPROVED Bti' THE t•4AYUR this 16th day of May 1g77,
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Cha:les �Y,/ Delaurenti, Mayor
Appr ved as to form: I/
ard . ne aneCity Attorney
Date of Publication: 5-20-77 -•
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