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HomeMy WebLinkAboutORD 3137 . � , ,ti!y` _. . , , l � �,. V� • f �' ,r . . _� �t \ ' • .a` •y • x �x � /f • • ' 7 .a ( f i , �', • Amended by Ordinance No. 4254 �� 'eT�- r 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. ��) �'� A , . � I ' . '> � ''y O 7 , 'i f 1 ?,l ' �. • � rf� _ A . . � i , � .�.� 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 - 2 - , . . ' . . 4 ; ,,f • y� . . . � i � { � , o � 1 l � � � � - � � � S ' . "J C� r 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 - 3 - - -�-- - -- � ._ , .. ..` .. ' � - - - - --. � . 1 � . i _ .. __. . � _. � , �. _ _ _ . � '�' r , • . . . '� � �� + ' , ' ' � ' � ., � � t � � � �' . ' , » k � 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 � � ' 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 -4- .......__ _. ..__ ,._... . _.. ,__.�__ ___ _�__..._.��.�....,.�.._.�_�__.._.___._._.._ _ -- --_- _ __ ._.. _ .._._..---._......__. _.___ __._ • , : . , T ; � -� , r . . . .� �� , , . _ • � , . . 1; . �y. '' ' ' � ' " � ` � � �� . • � . 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 -- ... . . , , , .. .,:,.: t�� 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 _5_ , � � . _ � t • � , . s - , , ' .: � ' , . - . , � , • . , � . , , . 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. . (6) � _ , , , y � 1; � , r . . _ , ' ` J � � . . � •1,. � , � • - � ` � . , 1 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. �_7) ` . � . j : �' � y. . . . . i � , i . . . � � '� ' � , , � • • � 1 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 ($250. 00) or by imprisonment for not over thirty (30) days , or by both such fine and imprisonment. SECTION XVI : Amendinent of Ordinance. Upon recommendation of the Office of Cable Communications or any other body designated by the Renton City Council , a review of this Ordinance may periodically be made by the Renton City Council. The Renton City Council under its police powers reserves the right to amend any section of this Ordinance at any time. SECTION XVII : Transfer of Ownership, Any franchise shall be a privilege to be held in personal trust by the original Grantee. It cannot be sold, transferred, leased, assigned or disposed of, in whole or in part , either by forced or involuntary sale, merger, con- solidation or otherwise , without prior written approval of the City of Renton. Said approval shall be granted by the Renton City Council only after a public hearing and under the same terms and conditions as an original application. Said applicati.ons shall not be refused unless the Council finds that the public interest will not be served by the proposed transfer. �$) • ' . � j � I � t 1 l 1 i . f ' 1 1 ) ' � 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 - 9 - � ' . _ � T . ' : � J ( . " . , ' I ' y . � '' .. ' '� . � �' � ( . � a � e 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 � 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. - 10 - � : , ; ' � , I � � . , , , ,, < < � - - ' , � � y f (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 . II�I - 11 - I . � � - . � � ` � � � ' � � � . . \ . ' � 1 "_.j� , 1... _ ' _ _ _ _.. . . "__ ... .., .. r . . . _ - r._ .. ' _ ...'�_"_'" '_ ,"''. -'" ' ' '_'" " . . _ .. ._ . -.( .. ..� . � . � 'r�, ( ' ' ' ' . • � � . �� i S 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 . /,. i� I f � i � � , � ' r� , , � ' � �' � ; - /" , %�/ � , f . , ;� , ,� ,� ,; � , i" � � Cl2 (a) ) ; / - , � . � . . , - , . � , , � , . . . � � � , � . . , , � � , ' . . - , � � ....._ ; ' ._r _C. .' ._. _ . _� . . . '' - -- '. '-- -- -- - . . - -. .' � � y , 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: (�-3) i • � ' , � . , , � ' - � . ' , , , , . . . �: � . � , � ,., . . � . . , 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 - 13 a - , . t . t � ' i 1 � . . ' � . i � j � f � � .. . � t � - ��' . � ' � ,� .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. (14) I ' . � � / i 4 � , • � . , , ' � 1 � � _ . � � 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 - 15 - • , � � � 1 i 1 � , � ` � r , � ,_. ' t i � 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 - t =- ' : - - - �- - �-- ` = � - � -- --• . .--- - . .�..._----_ .. � -- t --- _ i � � i � i, � . � , a '---�- ' - _ __-' r - . '...s- � —' _ - . ' .s _ � � .. • . "..,. .-__:a-�.f � � � � . � . `I +_{, + • � 1 �_^_�S G;^ `t0 ;J'��rJi:U��j% -�va��•;� �;,�� "l�.i ?."r'.'.�2 �O �:i�`� Lltl�1 t1AS OY' �3i'O�ii i�.�1.",J :d^.�.w'=— � EiC�Vc:T. �0:... �S '"'.�_ .:i.r�_'Q �� c.�,�r i �;.�9 ::��:a1:1�3";C:C: �7` 1"��;i.IZ��1071 , �i.�:�? �_.<� (` i.�y '�'�5=.'.�_ . �'S �:�":� �^:_;�Il j: ;_., i�x OCatCl �S T„c35j b� 1"�e�tl���� �� 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...__ _ _ __ _ • � _ _ .. :�:. ,_j`:: ^S�:,Y :1._, :'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 - (17>. � /.-.,.__._._._...._ ..... � ..... . . . . . . . . . . ._, _ _ .��,. \ ' , . y, i � .. . , . .� � . M1 ' � ' • . - ',. � ' � . , ' � , , x. y, . ` � ' .� . , •�_s . �! , �, • {. .z. - ' . . . ,',.il � ' � . . • }:` . , ` � '� ° � , • CABLE TELEV�SION 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 . � I 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 P �_ 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. � - - - - - -- - - --- - , r �. . ' . t • . . . �- � y. . . I �•► ,< � . - . � 1 / � c � _ . - '�.. . 1 w - `f�' + � ��� •. • .� � � . . . � l � 1 � ` i:[t� '``". " .CHAN�IEL COMBINER: An electronic or passive device which accepts � the RF signals from many sources and combines them for delivery to the cable. , , 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. � o , � _ , _ . . . ^ . . . -, - , .. r� . � . ; , ,. , ,. , _ . ��;. i� r� -, . � " � . . • K � , • . , � '; , ,+ � , 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 . , v � _ � � � � • �w �,�t�r ,� ti • - ,► {• - , � , 1 i „ f � o . y•.�� �r� , s ; R,s c y . . <J � •, . . . � , ' 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