HomeMy WebLinkAboutORD 4413CITY OF RENTON,WASHINGTON
SUMMARY OF ORDINANCE NO.4413
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
TITLE V,FINANCE AND BUSINESS REGULATIONS,OF ORDINANCE
NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON,WASHINGTON"BY ADDING CHAPTER 17 WHICH
REGULATES CABLE COMMUNICATIONS SYSTEMS WITHIN THE CITY OF
RENTON.
SECTION 1.This ordinance modifies the cable
communications system ordinance of the City of Renton and discusses
the following areas:
SECTION:
5-17-1:
5-17-2:
5-17-3 :
5-17-4 :
5-17-5:
5-17-6:
5-17-7 :
5-17-8:
5-17-9:
5-17-10:
5-17-11:
5-17-12:
5-17-13:
5-17-14:
5-17-15 :
5-17-16:
5-17-17:
5-17-18 :
5-17-19:
5-17-20:
5-17-21:
5-17-22:
5-17-23:
5-17-24:
5-17-25:
5-17-26:
5--17-27:
5-17-28:
5-17-29:
5-17-30:
5··17-31:
5-17-32:
5-17-33:
Table of Contents
Definitions
Terms of Franchise
Application
Hearing
Acceptance
Police Powers
Rules and Regulations by the City
Technical Standards
Parental Control Devices
Construction Standards
Construction Notification
Undergrounding and Landscaping
Construction in Right-af-Way
Safety Requirements
Building Moving
Tree Trimming
Rates
Discounts
Customer Service
Telephone Response
Failure to Improve Customer Service
Franchise Fee
Cable System Evaluation
Periodic Meetings
Record Inspection
Reports
Programming
Non-Discrimination
Continuity of Service
Franchise Renewal
Transfer of Ownership
Removal &Abandonment of Property of Franchisee
5-17-34:
5-17-35:
5-17-36:
5-17-37 :
5-17-38:
5-17-39:
5-17-40:
5-17-41:
5-17-42:
Revocation for Cause
Effect of Termination for Non-Compliance
Indemnity &Hold Harmless
Insurance
Performance Bond
Franchising Costs
Equalization of Civic Contributions
Inconsistency
Severability.
Appendix "A"Customer Service Standards
SECTION II.A full text of this ordinance will be mailed,
without charge,upon request to the City Clerk~
Date of Publication:_~t 16,1993
ORD.309:4j26j93.
CITY OF RENTON,WASHINGTON
ORO INANCE NO._--"-44"'1..,3'--_
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
TITLE V,FINANCE AND BUSINESS REGULATIONS,OF ORDINANCE
NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON,WASHINGTON"BY ADDING CHAPTER 17 WHICH
REGULATES CABLE COMMUNICATIONS SYSTEMS WITBIN THE CITY OF
RENTON.
SECTION 1.Title V,Finance and Business Regulations,of
Ordinance No.4260 entitled "Code of General Ordinances of the City
of Renton,Washington"is hereby amended by adding Chapter 17 which
reads as follows:
CHAPTER 17
CABLE COMMUNICATION SYSTEMS
SECTION:
5-17-1:
5-17-2:
5-17-3:
5-17-4:
5-17-5:
5-17-6:
5-17-7:
5-17-8:
5-17-9:
5-17-10:
5-17-11:
5-17-12:
5-17-13:
5-17-14:
5-17-15:
5-17-16:
5-17-17:
5-17-18:
5-17-19:
5-17-20:
5-17-21:
5-17-22:
5-17-23:
5-17-24:
5-17-25:
Definitions
Terms of Franchise
Application
Hearing
Acceptance
Police Powers
Rules and Regulations by the City
Technical Standards
Parental Control Devices
Construction Standards
Construction Notification
Undergrounding and Landscaping
Construction in Right-of-Way
Safety Requirements
Building Moving
Tree Trimming
Rates
Discounts
Customer Service
Telephone Response
Failure to Improve Customer Service
Franchise Fee
Cable System Evaluation
Periodic Meetings
Record Inspection
5-17-26:
5-17-27:
5-17-28:
5-17-29:
5-17-30:
5-17-31:
5-17-32:
5-17-33:
5-17-34:
5-17-35:
5-17-36:
5-17-37:
5-17-38:
5-17-39:
5-17-40:
5-17-41:
ORDINANCE NO.4413
Reports
Prograrruuing
Non-Discrimination
Continuity of Service
Franchise Renewal
Transfer of Ownership
Removal &Abandonment of Property of Franchisee
Revocation for Cause
Effect of Termination for Non-Compliance
Indemnity &Hold Harmless
Insurance
Performance Bond
Franchising Costs
Equalization of Civic Contributions
Inconsistency
Severability.
Appendix "A"Customer Service Standards
5-17-1:DEFINITIONS:
(a)"Access channels"means free composite channels to be used for
educational purposes and by government and pUblic agencies and/or
their representatives (commonly referred to as "PEG"channels).
(b)liThe Act"means the Cable Television Consumer Protection and
Competition Act of 1992,and any subsequent amendments.
(c)"Addressability"means the ability of a system allowing a
franchisee to authorize by remote control customer terminals to
receive,change or to cancel any or all specified programming.
(d)"Affiliate"means a condition of being united,being in
close connection,allied,or attached as a member or branch.
(e)"Applicant"means any person or entity that applies for a
franchise.
(f)"Basic cable"is the tier of service regularly provided to all
subscribers that includes the retransmission of local broadcast
television signals.
2
ORDINANCE NO.4413
(g)"Cable services"means (i)the one-way transmission to
subscriber of video programming or other programming service,and
(ii)subscriber interaction,if any,which is required for the
selection by the subscriber of such video programming or other
programming service.
(h)"Channel"means a single path or section of the spectrum which
carries a television signal.
(i)II Character generator II means a device used to generate alpha
numerical programming to be cablecast on a cable channel.
(j)"City"means the City of Renton,a municipal corporation of
the State of Washington.
(k)"Cable system"means a facility,consisting of a set of closed
transmission paths and associated signal generation,reception,
and control equipment that is designed to provide cable service
and other service to subscribers.
(I)"Council"means the present governing body of the City or any
future board constituting the legislative body of the City.
(m)"Data Communication II means (1)the movement of encoded
information by means of electrical or electronic transmission
systems;(2)the transmission of data from one point to another
over communications channels.
(n)"Dwelling units"means residential living facilities as
distinguished from temporary lodging facilities such as hotel and
motel rooms and dormitories,and includes single family
residential units and individual apartments,condominium units,
mobile homes within mobile home parks,and other multiple family
residential units.
3
ORDINANCE NO.4413
(0)"FCC"means the Federal Communications Commission,a
regulatory agency of the United States government.
(p)"Franchise"shall mean the initial authorization,or renewal
thereof,issued by the franchising authority,whether such
authorization is designated as a franchise,permit,license l
resolution,contract,certificate or otherwise,which authorizes
construction and operation of the cable system for the purpose of
offering cable service or other service to subscribers.
(q)"Franchisee"means the person,firm or corporation to whom or
which a franchise,as herein above defined,is granted by the
Council under this Ordinance and the lawful successor,transferee
or assignee of said person,firm or corporation subject to such
conditions as may be defined in City ordinance.
(r)"Gross revenues"means any and all receipts and revenues
received directly or indirectly from all sources other than
transactions related to real property receipts by a franchisee
not including any taxes on services furnished by a franchisee,
imposed on any subscriber or used by any governmental unit,
agency or instrumentality and collected by a franchisee for such
entity provided also that net uncollectible debts are not
considered as revenue in this definition.
(s)II Headend II means the electronic equipment located at the start
of a cable system,usually including antennas,preamplifiers,
frequency converters,demodulators and related equipment.
(t)"High Definition Television (HDTV)"means a television system
that will provide sharper picture definition than the current
U.S.Standards,525 lines per frame.
4
firm or corporation to whom a
to the provisions of this
ORDINANCE NO.4413
(u)"Insertion point (s)"means location (s)where institutional
programming can be initiated for distribution throughout the
secured portion of the subscriber network.
(v)II Installation"means the connection of the system from feeder
cable to subscribers'terminals.
(w)"Institutional services II means a cable communications system
designated principally for the provision of non-entertainment
services to schools,public agencies or other non-profit
agencies,separate and distinct from the subscriber network,or
on secured channels of the subscriber network.
(x)"Interactive services"means services provided to subscribers
where the subscriber either (i)both receives information
consisting of either television or other signals and transmits
signals generated by the subscriber or equipment under his/her
control for the purpose of selecting what information shall be
transmitted to the subscriber or for any other purpose;or (ii)
transmits signals to any other location for any purpose.
(y)"NCTA"means the National Cable Television Association
(z)"Office"means the person or entity designated by the City as
being responsible for the administration of a franchise for the
City.
(aa)"Operator"means the person,
franchise is granted pursuant
Ordinance.
(bb)"Premium services"means programming over and above those
provided by basic services for which there is additional charge.
5
ORDINANCE NO.4413
(cc)"Property of Franchisee"means all property owned,
installed or used by a franchisee in the conduct of its business
in the City under the authority of a franchise granted pursuant
to this Ordinance.
(dd)"Proposal"means the response,by an individual or
organization,to a request by the City regarding the provision of
cable services;or an unsolicited plan submitted by an individual
or organization seeking to provide cable services in the City.
(ee)"Public way"means the surface of,and the space above and
below,any public street,highway,freeway,bridge,land path,
alley,court,boulevard,sidewalk,parkway,way,lane,drive,
circle or other public right-of-way,including,but not limited
to,pUblic utility easements,dedicated utility strips or rights-
of-way dedicated for compatible uses and any temporary or
permanent fixtures or improvements located thereon now or
hereafter held by the City in the service area which shall
entitle the City and a franchisee to the use thereof for the
purpose of installing,operating,repairing and maintaining the
cable system.Public way shall also mean any easement now or
hereafter held by the City within the service area for the
purpose of public travel,or for utility or public service use
dedicated for compatible uses,and shall include other easements
or rightS-Of-way as shall within their proper use and meaning
entitle the City and a franchisee to the use thereof for the
purpose of installing or transmitting franchisee'S cable service
or other service over poles,wires,cables,conductors,ducts,
conduits,vaults,manholes,amplifiers,compliances,attachments
6
ORDINANCE NO.4413
and other property as may be ordinarily necessary and pertinent
to the cable system.
(ff)"Subscriber"means a person or entity or user of the cable
system who lawfully receives cable services or other service
therefrom with franchisee's express permission.
5-17-2:TERMS OF FRANCHISE:
(a)AUTHORITY TO GRANT FRANCHISES OR LICENSES FOR CABLE
TELEVISION:It shall be unlawful to engage in or commence
construction I operation,or maintenance of a cable communications
system without a franchise issued under this Ordinance.The
Council may,by ordinance,award a non-exclusive franchise to
construct,operate and maintain a cable communications system
which complies with the terms and conditions of this Ordinance.
Any franchise granted pursuant to this Ordinance shall be non-
exclusive and shall not preclude the City from granting other or
further franchises or permits or preclude the City from using any
roads,rights-of-way,streets,or other public properties or
affect its jurisdiction over them or any part of them,or limit
the full power of the City to make such changes,as the City
shall deem necessary,including the dedication,establishment,
maintenance,and improvement of all new rights-of-way and
thoroughfares and other public properties.However,any such
changes shall not materially or substantially impair the rights
granted a franchisee pursuant to this Ordinance.All franchises
granted subsequent to the effective date of this Master Cable
Ordinance shall be granted consistent with the terms and
conditions of this Ordinance.
7
ORDINANCE NO.4413
(b)INCORPORATION BY REFERENCE:The provisions of this Ordinance
shall be incorporated by reference in any franchise ordinances or
licenses approved hereunder.The provisions of any proposal
submitted and accepted by the City shall be incorporated by
reference in the applicable franchise.However,in the event of
any conflict between the proposal,this Ordinance and the
franchise,the franchise shall be the prevailing document.
(C)NATURE AND EXTENT OF THE FRANCHISE:Any franchise granted
hereunder by the City shall authorize a franchisee,subject to
the provisions herein contained:
(l)To engage in the business of operating and providing cable
service and the distribution and sale of such service to
subscribers within the City;
(2)To erect,install,construct,repair,replace,
reconstruct,maintain and retain in,on,over,under,upon,
across and along any street,such amplifiers and appliances,
lines,cables,conductors,vaults I manholes,pedestals,
attachments,supporting structures,and other property as may
be necessary and appurtenant to the cable communications
system;and ,in addition,so to use I operate and provide
similar facilities,or properties rented or leased from other
persons,firms or corporations I including but not limited to
any public utility or other franchisee franchised or permitted
to do business in the City.No privilege or exemption shall
be granted or conferred upon a franchisee by any franchise
except those specifically prescribed therein,and any use of
any street shall be consistent with any prior lawful occupancy
8
ORDINANCE NO.4413
of the street or any subsequent improvement or installation
therein.
(d)TERM OF FRANCHISE:The City shall have the right to grant a
franchise for a period of time most appropriate to the
circumstances of the particular grant.
5-17-3:APPLICATION:
An applicant for an initial franchise to construct,operate,and
maintain a cable communications system within the City shall file an
application in a form prescribed by the City,accompanied by a non-
refundable filing fee in the amount to be determined by the City.
5-17-4:HEARING:
Prior to the granting of a franchise,the City Council shall
conduct a public hearing to determine the following:
(a)That the public will be benefited by the granting of a
franchise to the Applicant;
(h)That the Applicant has requisite financial and technical
resources and capabilities to build,operate and maintain a cable
television system in the area;
(C)That the Applicant has no conflicting interests,either
financial or commercial,which will be contrary to the interests
of the City;
(d)That the Applicant will comply with all terms and conditions
placed upon a franchisee by this Ordinance;
(e)That the Applicant is capable of complying with all relevant
Federal,State,and local regulations pertaining to the
construction,operation and maintenance of the facilities and
systems incorporated in its application for a franchise;
9
ORDINANCE NO.4413
(f)The capacity of public rights-af-way to accommodate the cable
system;
(g)The present and future use of the public rights-af-way to be
used by the cable system;and
(h)The potential disruption to existing users of the public
rights-af-way to be used by the cable system and the resultant
inconvenience which may occur to the public.
5-17-5:ACCEPTANCE:
(a)No franchise granted pursuant to the provisions of this
Ordinance shall become effective unless and until the ordinance
granting same has become effective.
(b)Within sixty (60)days after the effective date of the
Ordinance awarding a franchise,or within such extended period of
time as the Council in its discretion may authorize,a franchisee
shall file with the City Clerk its written acceptance of the
franchise,in a form satisfactory to the City Attorney,together
with the bond and insurance policies required by Sections 36
Insurance and 37 Performance Bond herein.
5-17-6:POLICE POWERS:
In accepting any franchise,a franchisee acknowledges that its
rights hereunder are subject to the legitimate rights of the police
power of the City to adopt and enforce general ordinances necessary
to protect the safety and welfare of the public and it agrees to
comply with all applicable general laws enacted by the City pursuant
to such power so long as such regulations do not materially increase
the burden or impair the rights of the franchise hereunder.
10
ORDINANCE NO.4413
5-17-7:RULES AND REGULATIONS BY THE CITY:
(a)In addition to the inherent powers of the City to regulate and
control any franchise it issues,the authority granted to it by
the Act l and those powers expressly reserved by the City,or
agreed to and provided for in a franchise,the right and power is
hereby reserved by the City to promulgate such additional
regulations as it may find necessary in the exercise of its
lawful powers.
(b)The City Council reserves the right to delegate its authority
for franchise administration to a designated agent.
5-17-8:TECHNICAL STANDARDS:
(a)Subject to Federal,State and local law,a franchisee shall
comply with FCC rules,Part 76,Subpart K,Section 76.601 through
76.610 as amended,hereafter,and,at the minimum,the following:
(1 )Applicable City,County,State and National/Federal Codes
and Ordinancesi
(2)Applicable Utility Joint Attachment Practicesi
(3)The National Electric Safety Codei ANSI C2i
(4)Local Utility Code Requirementsi
(5)Local Rights-of-Way Proceduresi
(b)PREVENTIVE MAINTENANCE:A comprehensive routine preventive
maintenance program shall be developed,effected,and maintained
to ensure continued top quality cable communications operating
standards in conformance with FCC Regulations Part 76 or as may
be amended.
5-17-9:PARENTAL CONTROL DEVICES:
A franchisee will make available at its cost including applicable
11
ORDINANCE NO.4413
handling fees a device by which the subscriber can prohibit viewing
of a particular cable service during periods selected by that
subscriber.
5-17-10:CONSTRUCTION STANDARDS:
All facilities constructed under this Ordinance shall be placed
and maintained at such places and positions in or upon such streets,
avenues,alleys and public places as shall not interfere with the
passage of traffic and the use of adjoining property I and shall
conform to the applicable section of the National Electrical Code,
codes of the State of Washington,and City Codes 9-10,4-23,and
other regulations pertaining to such construction.A franchisee 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.
5-17-11:CONSTRUCTION NOTIFICATION:
A construction permit shall be required prior to any construction
within pUblic ways,which shall include an approval/inspection fee
per City Code 9-10~3(C).Upon application for each construction
permit a franchisee will submit to City its plan for advance
notification for the proposed construction project.In the event
that an emergency situation arises which precludes such advance
notification,a franchisee shall subsequently inform the City of the
nature of the extraordinary event and the action taken.
5-17-12:UNDERGROUNDING AND LANDSCAPING:
A franchisee shall fully comply with City Code 4-23 pertaining to
the underground installation of utility lines and the use of joint
trenches with other utilities where feasible.In those areas and
12
ORDINANCE NO.4413
portions of the City where the transmission or distribution
facilities of the public utility providing telephone service or
those of the facility providing electric service are underground or
hereafter may be placed underground,then a franchisee shall
likewise construct,operate and maintain all of its transmission and
distribution facilities in the same area underground.All
activities shall be conducted in coordination with other utilities
but not necessarily in the same trench.Amplifiers and associated
equipment in a franchisee's transmission and distribution lines may
be in appropriate housing upon the surface of the ground.
Where undergrounding is required as a result of a City street
improvement project,the City shall provide trenching for
underground installation of cable.
5-17-13:CONSTRUCTION IN RIGHT-OF-WAY:
Whenever,in the sole opinion of the City,any of a franchisee's
facilities or equipment need to be relocated or altered due to a
construction or repair project by the City in a public way,a
franchisee shall move or relocate said facilities or equipment
within thirty (30)days from receiving written notice from the City.
However,in the event such relocation is required due to emergency
repairs deemed necessary by the City,such relocation or moving
shall be accomplished within twenty-four (24)hours.Any relocation
or alteration of a franchisee's facilities or equipment required
under this section shall be at the sole expense of a franchisee.
5-17-14:SAFETY REQUIREMENTS:
(a)A franchisee,in accordance with applicable National,State,
and Local safety requirements shall,at all times,employ
13
ORDINANCE NO.4413
ordinary care and shall install and maintain and use commonly
accepted methods and devices for preventing failures and
accidents which are likely to cause damage,injury,or nuisance
to the pUblic.
(b)All structures and all lines,equipment and connections in,
over,under,and upon the streets,sidewalks,alleys,and public
ways or places of a franchise area,wherever situated or located,
shall at all times be kept and maintained in a safe,suitable
condition,and in good order and repair.
(c)The City reserves the general right to see that the system of
a franchisee is constructed and maintained in a safe condition.
If a violation of the National Electrical Safety Code or other
applicable regulation is found to exist by the City,the City
will,after discussions with a franchisee,establish a reasonable
time for a franchisee to make necessary repairs.If the repairs
are not made within the established time frame,the City may make
the repairs itself or have them made and collect all reasonable
costs thereof from a franchisee.
5-17-15:BUILDING MOVING:
Whenever any person shall have obtained permission from the City
to use any street for the purpose of moving any building,a
franchisee,upon seven (7)days written notice from the City,shall
raise or remove,at the expense of the permittee desiring to move
the building,any of a franchisee's wires which may obstruct the
removal of such building;provided,that the moving of such building
shall be done in accordance with regulations and general ordinances
of the City.Where more than one street is available for the moving
14
ORDINANCE NO.4413
of such building,the building shall be moved on such street as
shall cause the least interference.In such event,the City shall
be responsible for determining the path of least interference.It
is further provided that the person or persons moving such building
shall indemnify and save harmless said franchisee of and from any
and all damages or claims of whatsoever kind or nature caused
directly or indirectly for such temporary arrangement of the lines
and poles of a franchisee.
5-17-16:TREE TRIMMING:
Upon approval of the Director of Public Works or,where
appropriate,the Director of Parks and Recreation,a franchisee
shall have the authority to trim trees upon and overhanging streets,
public ways and public places in the Franchise Area so as to prevent
the branches of such trees from coming into contact with a
franchisee's wires and cables,and if necessary,to clear a
microwave path.A franchisee shall be responsible for debris
removal from such activities.Failure to remove debris after a
reasonable time shall result in the debris being removed by the City
and the costs involved charged to the franchisee.
5-17-17:RATES:
Within sixty (60)days after the grant of any franchise
hereunder,a franchisee shall file with the City a complete schedule
of all rates to be charged to all subscribers.
Prior to implementation of any change in rates or charges for any
service or equipment provided by a franchisee,the franchisee shall
provide the City and all subscribers a minimum of thirty (30)days
prior written notice of such change.
15
ORDINANCE NO.4413
Subject to Federal,State and local law,the City may regulate
the approval of increases of rates or charges for providing cable
service and prescribe reasonable rate approval procedures.
5-17-18:DISCOUNTS:
A franchisee shall offer a discount of thirty percent (30%)from
the normal charge for basic services and installation to those
individuals age sixty-two (62)or older or disabled who are the
legal owner or lessee/tenant of their residence provided that their
combined disposable income from all sources does not exceed the
Housing and Urban Development (HUD)standards for the Seattle-
Everett area for the preceding calendar year.
The City or its designee shall be responsible for certifying to a
franchisee that such applicants conform to the specified criteria.
5-17-19:CUSTOMER SERVICE:
A.A franchisee shall render repair service to restore the
quality of the signal at approximately the same standards
existing prior to the failure or damage of the component causing
the failure and make repairs promptly and interrupt service only
for good cause and for the shortest time possible.Such
interruptions,insofar as possible,shall be preceded by notice
and shall occur during a period of minimum use of the system.A
log of all service interruptions shall be maintained for at least
a period of one year.The City,after two (2)working days I
notice,may inspect such logs.
B.An employee of a franchisee shall answer and respond to all
individual complaints received no later than 5:00 p.m.weekdays.
A franchisee may use an answering service to receive complaints
16
ORDINANCE NO.4413
after 5:00 p.m.weekdays and on weekends and holidays and will
respond to any system outage affecting more than five
subscribers.A copy of the instructions to the answering service
by a franchisee shall be furnished to the City or its designee.
C.A technician shall be on call seven (7)days a week,twenty-
four (24)hours a day.A franchisee shall respond immediately to
service complaints in an efficient manner.
D.A franchisee shall maintain a sufficient repair force to
respond to individual requests for repair service within two (2)
working days after receipt of the complaint or request I except
Saturday,Sunday and legal holidays.All complaints shall be
resolved within seven (7)days,to the extent reasonable.If a
subscriber has notified a franchisee of an outage,no charge for
the period of the outage shall be made to the subscriber if the
subscriber was without service for a period exceeding twenty-four
(24)hours,unless the outage was due to Acts of God,force
majeure or circumstances reasonably beyond a franchisee's ability
to control.
E.A franchisee shall supply at the time of a new connection,
and periodically at least once a year,the title,address,and
telephone number of the City official or his/her designee,to
whom system subscribers may direct their concerns.
F.In no case will a Franchisee's service standards fall below
the standards established by the National Cable Television
Association (NCTA)which are attached herein as Appendix A and
part of this Ordinance or any FCC regulation.
17
ORDINANCE NO.4413
5-17-20:TELEPHONE RESPONSE:
A franchisee shall maintain an adequate force of customer
service representatives as well as incoming trunk lines so that
telephone inquiries are met promptly and responsively.A
franchisee shall have in place procedures for utilization of other
manpower and/or recording devices for handling the flow of
telephone calls at peak periods of large outages or other major
causes of subscriber concern.A copy of such procedures and/or
policies shall be made available to the City.
In order that the City may be informed of a franchisee's
success in achieving satisfactory customer relations in its
telephone answering functions,a franchisee shall,upon request by
the City,and routinely no less than quarterly,provide the City
with a summary that will provide,at a minimum,the following:
(a)Total Number of calls received in a reporting period;
(b)Time taken to answer;
(C)Average talk time;
(d)Number of calls abandoned by the caller;
(e)Average hold time;
(f)Percentage of time all lines busy;
(g)An explanation of any abnormalities.
This data will be compared to minimum standards of the NCTA
being incorporated herein by reference or any amendment thereto
increasing such NCTA standards,and shall be monitored by the City.
Calls for service generated during period of system outages due
to emergency affecting more than twenty-five (25)customers may be
excluded from the service response calculations.The City shall
18
ORDINANCE NO.4413
have the sale determination as to what constitutes a system failure
due to emergency and which calls shall be excluded from the service
level calculations.
5-17-21:FAILURE TO IMPROVE CUSTOMER SERVICE:
The City or its designee shall review telephone response and
customer service information with a franchisee.It will be assumed
that improvements will be made by the franchisee in the appropriate
categories which were found deficient in Sections 19 Customer
Service and 20 Telephone Response from the last reporting period.
Failure to do so may result in the calling of a public hearing by
the City Council for the purpose of examining the reasons,if any,
why such improvements were not achieved by a franchisee.
An unsatisfactory record will result in the hearings being made
part of an exhibit under Section 626(c)(1)(A)and (B)of the Act
alleging that such practices have failed to conform with future
refranchising requirements as stated therein.In addition a
franchisee's Corporate office shall be advised of the City's
findings.
5-17-22:FRANCHISE FEE:
Recognizing that current Federal law limits a franchise fee to
five percent,a franchisee shall pay to the City quarterly,on or
before the thirtieth (30th)day of each January,April,July and
October,a sum equal to five percent (5%)of gross revenues as
defined herein for the preceding three months.Such remittances
shall be accompanied by forms furnished by the City to report
detailed information as to the sources of such income.
19
ORDINANCE NO.4413
5-17-23:CABLE SYSTEM EVALUATION:
In addition to periodic meetings,the City may require reasonable
evaluation sessions at any time during the term of a franchise.
It is intended that such evaluations cover areas such as customer
service,response to the community's cable-related needs,and a
franchisee's performance under and compliance with the terms of a
franchise.
During an evaluation session,a franchisee shall fully cooperate
with the City and shall provide without cost such reasonable
information and documents as the City may request to perform
evaluations.
If the City has concerns because of uncorrected reoccurring
problems with the franchisee's cable system it may retain an
independent consultant to conduct an analysis of the cable system
and its performance and submit a report of such analysis to the
City.The City shall take into consideration any efforts taken to
correct such deficiencies.
The report prepared by the consultant in response to the City'S
request for a system evaluation shall include:
(a)A description of the technical problem in cable system
performance which precipitated the special tests;
(b)What cable system components were tested;
(c)The equipment used and procedures employed in testing;
(d)The method,if any,by which specific performance problems may
be resolved;
(e)Any other information pertinent to said tests and analyses
which may be required by the City,or determined when the test is
20
ORDINANCE NO.4413
performed.
If the tests indicate that the system is not in compliance with
FCC standards or the requirements of the Franchise,a franchisee
shall reimburse the City for any costs involved in conducting such
tests,such as consultant fees or other expenses.Such fees or
expenses shall not exceed two thousand five hundred dollars
($2/500.00)for each evaluation.
5-17-24:PERIODIC MEETINGS:
Upon request,a franchisee shall meet with designated City
officials and/or designated representative(s)to review the
performance of a franchisee for the preceding period.The subjects
may include,but are not limited to,those items covered in the
periodic reports and performance tests.
5-17-25:RECORD INSPECTION:
Subject to statutory and constitutional limits and two working
days'advance notice,the City reserves the right to inspect the
records of a franchisee necessary for the enforcement of a franchise
and verification of the accuracy of franchise fee payments at any
time during normal business hours provided that the City shall
maintain the confidentiality of any trade secrets or other
proprietary information in the possession of a franchisee.Such
documents shall include such information as financial records,
subscriber records within the context of Section 631 of the Act ,
and plans pertaining to a franchisee'S operation in the City.
5-17-26:REPORTS:
A franchisee shall furnish,upon request,a report of its
activities as appropriate.Such report shall include:
21
ORDINANCE NO.4413
A.Most recent annual report.
B.A copy of the lO-K Report,if required by the Securities and
Exchange Commission.
C.The number of homes passed.
D.The number of subscribers with basic services.
E.The number of subscribers with premium services.
F.The number of hook-ups in period.
G.The number of disconnects in period.
H.Total number of miles of cable in City.
I.Summary of complaints received by category,length of time
taken to resolve and action taken to provide resolution.
J.A statement of its current billing practices,and a sample
copy of the bill format.
K.A current copy of its subscriber service contract.
L.Report on Operations -Such other reports with respect to its
local operation,affairs I transactions or property that may be
appropriate.
5-17-27:PROGRAMMING:
For informational purposes a franchisee shall file a listing of
its programming and the tiers in which they are placed.A
franchisee shall consider the City's suggestions of general program
categories as determined from time to time in residential
questionnaire polls.The results of initial such surveys will be
appended to the respective franchise ordinances.
5-17-28:NON-DISCRIMINATION:
A franchisee shall not,as to rates,charges,service facilities,
rules,regulations or in any other respect,make or grant any
22
ORDINANCE NO.4413
preferences or advantage to any person nor subject any person to any
prejudice or disadvantagei provided,that nothing in this Ordinance
shall be deemed to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any customer
coming within such classification would be entitled,and provided
further that connection and/or service charges may be waived or
modified during promotional campaigns of a franchisee.
A franchisee will not deny access to cable communications service
to any group of potential residential subscribers because of the
income of the residents of the local area in which the group
resides.
5-17-29:CONTINUITY OF SERVICE:
It shall be the right of all subscribers to continue receiving
service so long as their financial and other obligations to a
franchisee are fulfilled.
(a)ln this regard a franchisee shall act so far as it is within
its control to ensure that all subscribers receive continuous
uninterrupted service during the term of the franchise.
(b)ln the event a franchisee fails to operate a system for
seventy-two (72)continuous and consecutive hours without prior
notification to and approval of the City Councilor without just
cause such as an impossibility to operate the system because of
the occurrence of an act of God or other circumstances reasonably
beyond a franchisee's control,the City may,after notice and an
opportunity for a franchisee to commence operations at its
option,operate the system or designate someone to operate the
system until such time as a franchisee restores service to
23
ORDINANCE NO.4413
conditions acceptable to the City Councilor a replacement
franchisee is selected.If the City is required to fulfill this
obligation for a franchisee,a franchisee shall reimburse the
City for all reasonable costs or damages in excess of revenues
from the system received by the City that are the result of a
franchisee's failure to perform.
5-17-30:FRANCHISE RENEWAL:
The provisions of Section 626 of the Act or other applicable
Federal or State law will govern the actions of the City and a
franchisee in proceedings relating to franchise renewal.The City
expressly reserves the right to establish guidelines and monitoring
systems in accordance with the provisions of the Act to measure the
effectiveness of a franchisee's performance during the term of such
franchise.
5-17-31:TRANSFER OF OWNERSHIP:
A franchisee's right,title,or interest in the Franchise shall
not be sold,transferred,assigned,or otherwise encumbered,other
than to an Affiliate,without the prior consent of the Franchising
Authority,such consent not to be unreasonably withheld.No such
consent shall be required,however,for a transfer in trust,by
other hypothecation,or by assignment of any rights,title,or
interest of the franchisee in the Franchise or Cable System in order
to secure indebtedness.Approval shall not be required for
mortgaging purposes provided that the collateral does not
specifically affect the assets of this franchise,or if the said
transfer is from a franchisee to another person or entity
controlling,controlled by,or under common control with a
24
ORDINANCE NO.4413
franchisee.
In any transfer of a franchise requiring City approval,the
applicant must show technical ability,financial capability I legal
and general qualifications as determined by the City.Applicant
must agree to comply with all provisions of the franchise.Costs
associated with the transfer process shall be reimbursed to the
City.
An assignment of a franchise shall be deemed to occur if there is
an actual change in control or where ownership of fifty percent
(50%)or more of the beneficial interests,singly or collectively,
are obtained by other parties.The word "control"as used herein is
not limited to majority stock ownership only,but includes actual
working control in whatever manner exercised.
Regardless of the circumstances,a franchisee shall promptly
notify the City prior to any proposed change,transfer,or
acquisition by any other party of a franchisee's company.In the
event that the City adopts a resolution denying its consent and
such change,transfer or acquisition of control has been effected,
the City may cancel the franchise.
5-17-32:REMOVAL &ABANDONMENT OF PROPERTY OF FRANCHISEE:
The City may direct a franchisee to temporarily disconnect or
bypass any equipment of a franchisee in order to complete street
construction or modification,install and remove underground
utilities,or for other reasons of public safety and efficient
operation of the City.Such removal,relocation or other
requirement shall be at the sole expense of a franchisee.
In the event that the use of any part of the cable system is
25
ORDINANCE NO.4413
discontinued for any reason for a continuous period of twelve (12)
months,or in the event such system or property has been installed
in any street or public place without complying with the
requirements of the Franchise or other City ordinances or the
Franchise has been terminated,canceled or has expired,a franchisee
shall promptly,upon being given ten (10)days'notice,remove
within ninety (90)days from the streets or public places all such
property and poles of such system other than any which the City may
permit to be abandoned in place.In the event of such removal,a
franchisee shall promptly restore the street or other areas in
accordance with local regulations and standards from which such
property has been removed to a condition similar to that existing
before such removal and satisfactory to the City.Such approval
shall not be unduly withheld.
Any property of a franchisee remaining in place ninety (90)days
after the termination or expiration of the franchise shall be
considered permanently abandoned.The City may extend such time not
to exceed an additional ninety (90)days.
Any property of a franchisee to be abandoned in place shall be
abandoned in such manner as the City shall prescribe.Upon
permanent abandonment of the property of a franchisee in place,the
property shall become that of the City,and a franchisee shall
submit to the City Clerk an instrument in writing,to be approved by
the City Attorney,transferring to the City the ownership of such
property.None of the foregoing affects or limits franchisee's
rights to compensation for an involuntary abandonment of its
property under State,or Federal law.In the event the City and a
26
ORDINANCE NO.4413
franchisee are unable to agree as to whether an abandonment is
voluntary for the purposes of this section either party may invoke
arbitration to resolve such question.
5-17-33:REVOCATION FOR CAUSE:
If a franchisee willfully violates or fails to comply with any
of the material provisions of this franchise,the City shall give
written notice to a franchisee of the alleged non-compliance of its
franchise.A franchisee shall have forty-five (45)days from the
date of notice of non-compliance to cure such alleged default or,
if such default cannot be cured within forty-five (45)days,to
present to the City a plan of action whereby such default can be
promptly cured.
If such default continues beyond the applicable dates agreed to
for such cure,the City shall give a franchisee written notice that
all rights conferred under this Ordinance and its franchise may be
revoked or terminated by the Council after a public hearing.A
franchisee shall be entitled to not less than thirty (30)days'
prior notice of the date,time and place of the public hearing.
The City may elect,in lieu of the above and without any prejudice
to any of its other legal rights and remedies,to obtain an order
from the superior court having jurisdiction compelling a franchisee
to comply with the provisions of the franchise and recover damages
and costs incurred by the City by reason of a franchisee'S failure
to comply.
5-17-34:EFFECT OF TERMINATION FOR NON-COMPLIANCE:
Subject to State and Federal law,if any franchise is terminated
by the City by reason of a franchisee'S non-compliance,that part of
27
ORDINANCE NO.4413
the system under such franchise located in the streets and public
property,shall,at the election of the City,become the property of
the City at a cost consistent with the provisions of Section
627(b)(1)of the Act.If the City,or a third party,does not
purchase the system,a franchisee shall,upon order of the City
Council,remove the system as required under Section 32 Removal and
Abandonment of Property of Franchisee of this Ordinance.
5-17-35:INDEMNITY &HOLD HARMLESS:
A franchisee will indemnify and hold harmless the City from any
and all liabilities,fees,costs and damages,except in the case of
judicially determined gross negligence and/or willful misconduct of
the City,whether to person or property,or expense of any type or
nature which may occur to the City by reason of the construction,
operation,maintenance,repair and alteration of a franchisee's
facilities or any other actions of a franchisee in the City.In any
case in which suit or action is instituted against the City by
reason of damage or injury caused by a franchisee,the City shall
cause written notice thereof to be given to a franchisee and a
franchisee thereupon shall have the duty to appear and defend any
such suit or action,without cost or expense to the City.
5-17-36:INSURANCE:
A franchisee shall,concurrently with the filing of an acceptance
of award of any franchise granted hereunder,furnish to the City and
file with the City Clerk and at all times during the existence of
any franchise granted hereunder,maintain in full force and effect,
at its own cost and expense,a general comprehensive liability
insurance policy,for the purpose of protecting the City and all
28
ORDINANCE NO.4413
persons against liability for loss or damage,for personal injury,
death and property damage,and errors or omissions,occasioned by
the operations of a franchisee under such franchise,such policy to
provide minimum limits of one million dollars ($1,000,000.00)for
both personal injury and/or property damage.
The policies mentioned in the foregoing paragraph shall name the
City as additional insured and shall contain a provision that a
written notice of cancellation or reduction in coverage of said
policy shall be delivered to the City thirty (30)days in advance of
the effective date thereof.If such insurance is provided by a
policy which also covers a franchisee or any other entity or person
other than those above named,then such policy shall contain the
standard cross-liability endorsement.
5-17-37:PERFORMANCE BOND:
any
costs
ofacceptance
out-of-pocket
City upon
City's
the
the
A franchisee shall promptly repair or cause to be repaired any
damage to City property caused by a franchisee or any agent of a
franchisee.A franchisee shall comply with all present and future
ordinances and regulations regarding excavation or construction and,
if deemed necessary by the City,shall be required to post a
performance bond or other surety acceptable to the City in an amount
specified by the City in favor of the City warranting that all
restoration work will be done promptly and in a workmanlike manner
and that penalties,if any,after final adjudication are paid to the
City within ninety (90)days of such finding.
5-17-38:FRANCHISING COSTS:
A franchisee shall pay to
franchise granted hereunder,
29
ORDINANCE NO.4413
associated with the franchising process.The City shall provide the
franchisee an itemization of its anticipated costs.Such payment is
in addition to franchise fee payments.Payment is due within thirty
(30)days of receipt of appropriate invoice from the City.
5-17-39:EQUALIZATION OF CIVIC CONTRIBUTIONS:
In the event of one or more franchises being granted the City
may require that such subsequential franchisees pay to the City an
amount proportionally equal to franchising costs contributed by the
initial franchisee.These costs may include but are not limited to
such features as access and institutional network costs,bi-
directional or equivalent cable installed to municipal buildings
and similar expenses.
On the anniversary of the grant of each later awarded
franchise,such franchisees shall pay to the City an amount
proportional to the amount contributed by the original franchisee,
based upon the amount of subscribers held by such franchisees.
Additional franchisees shall provide all PEG access channel(s)
and emergency override systems currently available to the
subscribers of existing franchisees.In order to provide these
access channels,additional franchisees may interconnect,at their
cost,with existing franchisees,sUbj ect to any reasonable terms
and conditions that the existing franchisee providing the
interconnection may require.These interconnection agreements
shall be made directly between the franchisees.The City Council,
in such cases of dispute of award,may be called upon to arbitrate
regarding these arrangements.
30
ORDINANCE NO.4413
5-17-40:INCONSISTENCY:
If any portion of this Ordinance should be inconsistent or
conflict with any rule or regulation now or hereafter adopted by the
FCC or other Federal law,then to the extent of the inconsistency or
conflict,the rule or regulation of the FCC or other Federal law
shall control for so long,but only for so long,as such rule,
regulation,or law shall remain in effect;provided the remaining
provisions of this Ordinance shall not be effected thereby.
5-17-41:SEVERABILITY:
Each section,subsection or other portion of this Ordinance shall
be severable and the invalidity of any section,subsection,or other
portion shall not invalidate the remainder.
SECTION II.This ordinance shall be effective upon its
passage,approval,and thirty days after publication.
PASSED BY THE CITY COUNCIL this 9th day of
APPROVED BY THE MAYOR this 9---.:...........
~.~
Lawr~y Attorney
Date of Publication:AugUst 16,1993
ORD.290:4/26/93:as.
31
r-r=..:c:;::....;::....-_-'1993.
City Clerk
_A_u......gus:....·_t ,1993.
ORDINANCE NO.4413
APPENDIX A
RECOMMENDED CABLE INDUSTRY CUSTOMER SERVICE STANDARDS
February 14,1990
The cable industry is dedicated to providing our customers a
consistently high level of service.We are committed to ensuring
that our customers receive a variety of quality programming:
reliable,clear signals:and prompt,courteous service.To that
end,we,as industry,have voluntarily adopted the following
Standards of Customer Service.
Each community and each cable system are different and a reasonable
flexibility should be employed in applying these standards:
rigidity will hamper rather than help good customer service.We
are confident,however,that the cable industry as a whole will
implement these voluntary standards by July 1991,and recommend
them for overall operational use by that date.
1.Office and Telephone Availability
A.Knowledgeable,qualified company representatives will be
available to respond to customer telephone inquiries Monday
through Friday during normal business hours.Additionally,
based on community needs,cable systems will staff
telephones for supplemental hours on weekdays and/or
weekends.
B.Under normal operating conditions,telephone answer time by
a customer service representative,including wait time,and
the time required to transfer the call,shall not exceed 30
seconds.
Those systems which utilize automated answering and
distributing equipment will limit the number of routine
rings to four or fewer.Systems not utilizing automated
equipment shall make every effort to answer incoming calls
as promptly as the automated systems.
This standard shall be met no less than ninety percent of
the time measured on an annual basis.*
C.Under normal operating conditions,
receive a busy signal less than three
time that the cable office is open for
the customer
percent of the
business.
will
total
D.Customer service center and bill payment locations will be
open for transactions Monday through Friday during normal
business hours.Additionally,based on community needs,
cable systems will schedule supplemental hours on weekdays
and/or weekends during which these centers will be open.
2.Installation,Outages and Service Calls
32
ORDINANCE NO.4413
Under normal operating conditions,each of the following four
standards will be met no less than 95%of the time measured on
an annual basis.
A.Standard installations
business days after an
installations are up
distribution system.
will be
order has
to 125
performed within seven
been placed."Standard"
feet from the existing
B.Excluding those situations beyond the control of the cable
operator I the cable operator will respond to service
interruptions promptly and in no event later than 24 hours.
Other service problems will be responded to within 36 hours
during the normal work week.
C.The appointment window alternatives for installations
service calls,and other installation activities will be
(a)morning,(b)afternoon,or (C)all day during normal
business hours.Addi tionally,based on community needs,
cable systems will schedule supplemental hours during which
appointments can be set.
D.If,at any time an installer or technician is running late,
an attempt to contact the customer will be made and the
appointment rescheduled as necessary at a time which is
convenient for the customer.
3.Communications,Bills and Refunds
A.The cable company will provide written information in each
of the following areas at the time of installation and at
any future time upon request:
o products and services offered
o prices and service options
o installation and service policies
o how to use the cable service
B.Bills will be clear,concise and understandable.
C.Refund checks will be issued promptly,but no later than
the earlier of 45 days or the customer's next billing cycle
following the resolution of the request,and the return of
the equipment supplied by the cable company if service is
terminated.
D.Customers will be notified a minimum of 30 days in advance
of any rate or channel change,provided the change is with
in the control of the cable operator.
*In certain
subscribers,
smaller cable systems
systematic measurement of
33
with fewer
compliance
than
with
10,000
some of
ORDINANCE NO.4413
these standards (e.g.telephone answering time)will not be cost
effective and should not be expected.
34