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HomeMy WebLinkAbout734 Cable Television Franchise 734 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING CHAPTER 15 AND REVISING AND REENACTING SAID CHAPTER 15 TO GRANT TO UNITED CABLE TELEVISION CORPORATION, D/B/A/ TCI CABLEVISION OF TREASURE VALLEY, A FRANCHISE RENEWAL TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MERIDIAN FOR THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY AND WHICH PROVIDES DEFINITIONS, AUTHORIZES A GRANT OF AUTHORITY, PROVIDES THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIVE GRANT, SPECIFIES GRANTEE RULES, SPECIFIES SERVICE STANDARDS, PROVIDES FOR CITY RIGHTS IN THE FRANCHISE, SPECIFIES CONDITIONS ON STREET OCCUPANCY AND USE, SPECIFIES PAYMENTS TO THE CITY, PROVIDES FOR RATES AND FEES FOR SUBSCRIBERS, PROVIDES FOR ANNUAL REPORTS, PROVIDES FOR PREFERENTIAL OR DISCRIMINATORY PRACTICES; REQUIRES COMPANY LIABILITY AND INDEMNIFICATION, PROVIDES FOR BONDS AND OTHER SURETY, PROVIDES OPERATIONAL STANDARDS, REQUIRES SERVICE TO PUBLIC BUILDINGS, SPECIFIES THE DURATION AND CONDITIONS FOR ACCEPTANCE OF THE FRANCHISE, PROVIDES FOR THE TRANSFER OF THE FRANCHISE, PROVIDES FOR SEPARABILITY, PROVIDES FOR MISCELLANEOUS PROVISIONS, PROVIDES FOR PAYMENT OF PUBLICATION COSTS, PROVIDES FOR THE REPEAL OF INCONSISTENT PORTIONS OF PRIOR ORDINANCES; AND PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, There have been changes and amendments to federal law pertaining to cable television, rights and authority; and WHEREAS, United Cable television, doing business as TCI Cablevision of Treasure Valley, has requested that its cable television franchise be extended for a period of time longer than the present date of termination of the franchise, which is in September of 1998 and which franchise grant was for twenty (20) years; and WHEREAS, The City of Meridian deems it to be in the best interest of the citizens of the City to grant a franchise for cable television, to grant it for a period of time of greater duration than to September 1998, and to increase the paYment by TCI Cablevision of the franchise fees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 15 of Title 3 of the Revised and Compiled Ordinance of the City of Meridian is hereby repealed. SECTION 2: That Chapter 15 of Title 3 of the Revised and Compiled Ordinance of the City of Meridian is hereby reenacted and shall read as follows: CABLE TELEVISION ORDINANCE PAGE - 1 3-1501 Definitions: For the purposes of this Ordinance, the following, terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular and words in the singular include the plural and will comply with FCC or Federal definitions. The word "shall" is always mandatory and not directory. (1) "Basic Cable": Is the lowest priced tier of service that includes the retransmission of local broadcast television signals. (2) "Cable Act": Collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended. (3) "City": The City of Meridian City a municipal corporation of the State of Idaho, in its present incorporated form or in any other reorganized, consolidated changed form. (4) "Council": The present governing body of the City or any future body constituting the legislative body of the City. (5) "FCC": Federal Communications Commission, or successor governmental entity thereto. (6) "Franchise": The initial authorization, or renewal thereof, issued by the City, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the system. (7) "Grantee": United Cable Television Corporation d/b/a TCI Cablevision of Treasure Valley to whom or to which a franchise under this ordinance is granted by the Council, and the lawful successor, transferee, or assignee of said person, firm or corporation. (8) "Gross Revenues": Any revenue received by the Grantee from the operation of the System in the Service Area, provided, however, that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any Subscriber thereof by any governmental unit or agency, and which are collected by the Grantee on behalf of such governmental unit or agency. (9) "Person": An individual, partnership, association, joint stock company, trust, corporation, or government entity. (10) "Public Way" or "Street": The surfa6e of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, CABLE TELEVISION ORDINANCE PAGE - 2 lane, public way, 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 the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the 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 the Grantee to the use thereof for the purposes of installing and operating the Grantee's System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the System. ( 11) "Service Area": The present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. (12) "Subscriber": Any person or user of the System who lawfully receives communications and other services therefrom with the Grantee's express permission. (13) "System": Shall have the meaning specified for "Cable Communications System" in the Cable Act. Unless otherwise specified it shall in this document refer to the cable communications system constructed and operated in the City under this Ordinance. 3-1502 Grant of Authority: There is hereby granted by the City of Meridian, State of Idaho, to united Cable Television Corporation, doing business as TCI Cablevision of Treasure Valley, successors and assigns hereinafter referred to as Grantee, the right and privilege to construct, operate and maintain a Cable Communications System in, among, upon, across, above, over, under, or in any manner connected with the Public Ways within the Service Area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, across, or along any Public Way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the System. The City also recognizes that United Cable Television Corporation, d/b/a/ TCI Cablevision of Treasure Valley is in full compliance with terms. and conditions of the franchise agreement. 3-1503 Non-exclusive Grant: The right to use and CABLE TELEVISION ORDINANCE PAGE - 3 occupy the Public Ways for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use .of said Public Ways, during the period of this franchise. In the event the Ci ty enters into a franchise, permit, license, authorization, or other agreement of any kind with the any other person or entity other than the Grantee to enter into the City's streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the Service Area, the material provisions thereof shall be comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. The City shall not authorize or permit a System to operate within the Service Area on terms or conditions more favorable or less burdensome to such operator than those applied to the Grantee pursuant to this Franchise. 3-1504 Grantee Rules: The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise uninterrupted service to each and all its customers. Provided however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, the rules of the Federal Communications Commission of the laws of the State of Idaho. 3-1505 Service Standards: The Grantee shall maintain and operate its System and render efficient service in accordance with such rules and regulations as are, or may be hereinafter promulgated by the Federal Communications Commission. Whenever it is necessary to interrupt service for the purpose of making repairs, adjustments or installations, the Grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. 3-1506 City Riqhts ~n Franchise: (1) City Rules. The Grantee shall at all times during the life of this franchise, be subject to all generally applicable ordinances and regulations of the City, and to the lawful exercise of the City's police power. (2) Use of System by City. Upon written notification from the City, to the Grantee and subject to any applicable state or federal regulations or tariffs, the City shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by CABLE TELEVISION ORDINANCE PAGE - 4 or for the Grantee in any Public Way; provided that: (a) such use by the City does not interfere with current or future use by the Grantee; (b) the City holds the Grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including, but not limited to, reasonable attorneys' fees and costs; and (c) at the Grantee's sole discretion and upon written notification from the Grantee, to the City, the City may be required either to pay a reasonable fee or otherwise reasonably compensate Grantee for the use of such poles, conduits, or equipment; provided, however, that Grantee agrees that such compensation or charge shall not exceed those paid to it by public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the Service Area. In case of any emergency or disaster, the Grantee shall, upon request of the City Council, make available its facilities to the City for emergency use, to provide emergency information and instructions during the emergency or disaster period. The City agrees to share the available facilities for such use with all governmental entities off of the same technical Headend. Except to the extent expressly prohibited by law, .the City shall hold the Grantee, its employees, officers, and assigns, harmless from any claims arising out of the emergency use of its facilities by the City, including, but not limited to, reasonable attorney's fees and costs. 3-1507 Conditions on Street Occupancy-Use: (1) Use. All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of Public Ways, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said Public Ways, and not to interfere with existing public utility installations. In all areas of the City where the cables, wires or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits. (2) Restoration. In case of any disturbance of pavement, sidewalks, driveway or other surfacing, the Grantee shall, at its own expense, and in the manner provided by the City, replace and restore all paving, sidewalk, driveway, or other surface of any Public Way disturbed to a condition reasonably comparable to the condition of the Public Way CABLE TELEVISION ORDINANCE PAGE - 5 existing immediately prior to such disturbance. (3) Relocations. If at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade or location of any Public Way, by reason of traffic conditions, public safety, street abandonment, freeway and street construction, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements, the Grantee shall upon reasonable notice by the City, not to be less than five business days, protect, support, temporarily disconnect, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense except as provided for by law or entitlement, or unless other utilities charge then grantee may charge City, and in each instance comply with the requirements of the City. The Grantee shall in all cases have the right of abandonment of its property. (4) Temporary Removal of Wire and/or Fixtures for Buildinq Moving. The Grantee shall, on request of any person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal, to be paid by the person requesting the same, of which the Grantee shall be authorized to require such payment in advance. Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary changes. (5) Tree Trimminq. The Grantee shall have authority to trim any trees or other natural growth upon and overhanging any of its System in the Service Area so as to prevent the branches from coming in contact with the wires, cables, or other equipment of the Grantee. 3-1508 Payments to the City: The Grantee shall pay to the City a franchise fee, which fee shall be, and is, an amount equal to five (5) percent of Grantee's Gross Revenues (as defined in 3-1501 (8)), from the operation of the System in the Service Area, which fee shall be paid semi-annually and within sixty (60) days after the end of each six month period for all years which this franchise is granted. For the purpose of this section, the semi-annual periods applicable under this Franchise for the computation of the paYments to the City shall be January 1 through June 30 and July 1 through December 31 of each calendar year. The franchise rate may be reviewed by the City or Grantee at the expiration of each five (5) year period during the effective term of this franchise or any extension thereof, if notice is provided within 90 days prior to the expiration of such five (5) year period. Any such review shall take into account the maximum Franchise Fee allowable, as determined by CABLE TELEVISION ORDINANCE PAGE - 6 the FCC or Congress. 3-1509 Rates and Fees of Subscribers: (1) The City may adopt the requisite ordinances to regulate rates for the provision of Basic Cable TV Service and equipment as defined, provided and permitted by the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act") together with implementing regulations promulgated by the FCC. (2) The Grantee shall file with the City on December 31 of each year a full schedule of all subscribers and users rates and all other charges including but not limited to, pay TV, lease channel and discrete services, made in connection with the cable communications system. ( 3 ) Nothing in this Agreement shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers or users. 3-1510 Annual Report: On or before June 30 of each calendar year during the term of this franchise the Grantee shall file with the City a written report which shall include, whenever reasonably possible, financial statements for the previous year as needed to insure compliance with all provisions of this franchise ordinance. 3-1511 Preferential or Discriminatory Practices Prohibited: The Grantee shall not discriminate in the assessment, level, charge, imposition or collection of rates on the basis of age, race, creed, color, religion, national origin, sex or marital status. 8-1512 Company Liability-Indemnification: It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City by reason of any suit, judgment, execution, claim, or demand resulting from the construction, operating or maintenance by the Grantee of its System in the City, provided that the City shall give the Grantee written notice of its obligation to indemnify the City within 10 days of receipt of a claim or action pursuant to this section. The Grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under this ordinance, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise, at Grantee's sole expense, a general comprehensi ve liability insurance policy in the minimum amount of: $500,000.00 for property damage to anyone person. CABLE TELEVISION ORDINANCE PAGE - 7 $500,000.00 for property damage in anyone occurrence. $500,000.00 for personal injury to anyone person. $1,000,000.00 for personal injury in anyone occurrence. The Grantee shall provide a Certificate of Insurance designating the City as an additional insured. Such insurance shall be noncancellable except upon 30 days prior written notice to the City. 3-1513. Bonds and Other Surety: (1) Except as expressly provided herein, Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the Franchise or continuing its existence. Grantee and City recognize that the costs associated with bonds and other surety may ultimately be borne by the subscribers in the form of increased rates for cable services. Initially, no bond or other surety will be required. In the event that one is required in the future, the City agrees to give Grantee at least sixty (60) days prior written notice thereof stating the exact reason for the requirement. (2) Notwithstanding the above provisions, Grantee shall be responsible for standard performance bonds and insurance required for encroachment permits for work done within City streets. 3-1514 Operation Standards: The System shall be installed and maintained in accordance with the minimum standards set by the applicable rules and regulations of the Federal Communication Commission. 3-1515. Service to Public Buildinqs: The Grantee shall, upon request, provide without charge, one outlet of Basic Service to those Franchising Authority offices, fire station(s), police station(s), and public school building(s) that are passed by its System. The outlets of Basic Service shall not be used to distribute or sell services in or throughout such buildings, nor shall outlets be located in areas open to the public. Users of such outlets shall hold the Grantee harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability. The Grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds or unless the appropriate governmental entity agre.es to pay the incremental cost of such drop line in excess of 150 cable feet. If additional outlets of Basic Service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials. CABLE TELEVISION ORDINANCE PAGE - 8 3-1516 Duration and Conditions for Acceptance of Franchise: This Franchise and all rights and privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of fifteen (15) years, provided that, within 30 days after the date of passage of this ordinance the Grantee shall file with the City Clerk, in writing, duly executed by the proper officials, the following documents: 1. 2. Its conditional acceptance of this franchise; and Its proof of insurance as provided in Section 3- 1512. 3-1517 Transfer of Franchise: The Grantee's right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or System in order to secure indebtedness. Within 30 days of receiving the request for transfer, the City shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the information it requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Grantee's request for transfer within 120 days after receiving such request, consent by the City shall be deemed given. 3-1518 Separability: If any section, sentence, clause, term, provision or phrase of this ordinance or any part thereof is for any reason found to be illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. 3-1519 Miscellaneous Provisions: ( 1) Time is of the essence of this franchise. The Grantee shall not be relieved of its obligations to comply promptly with any of the provisions of this ordinance by any failure of the City to enforce prompt compliance. (2) No provision of this Ordinance shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. No provision of this Ordinance shall be deemed to CABLE TELEVISION ORDINANCE PAGE - 9 bar any rights the Grantee may have under law, which may include the Cable Act, as amended, to the extent it is in force, and the right to review any decision by the City, by a court of competent jurisdiction. (3) The Grantee shall maintain a local, toll free or collect call telephone access line which will be available to Subscribers 24 hours a day, seven days a week. (4) Unless expressly otherwise agreed between the parties, every notice or response required by this Franchise to be served upon the City or the Grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid. The notices or responses to the City shall be addresses as follows: City of Meridian 33 E. Idaho Meridian, ID 83642 The notices or responses to the Grantee shall be addressed as follows: TCI Cablevision of Treasure Valley 8400 Westpark Street Boise, ID 83704 with a copy to: TCI West P . 0 . Box, 91220 Bellevue, WA 98009 Attn: Legal Dept. The City and Grantee may designate such other address or addresses from time to time by giving notice to the other. 3-1520. Publication costs: The Grantee shall assume and pay all publication costs in connection with the adoption of this Ordinance and the granting of a franchise as required by Idaho Code, Section 50-329. A statement for all such costs shall be prepared by the City Treasurer and presented to the Grantee upon filing its acceptance with the City Clerk. 3-1521 Any and all previous ordinances granting to United Cable Television Corporation d/b/a TCI Cablevision of Treasure Valley, a Delaware Corporation, a franchise to operate a Cable Communications System, including Ordinances CABLE TELEVISION ORDINANCE PAGE - 10 No. 180 and 244 are superseded by this ordinance, which intends and constitutes amendment of those previous Ordinances. Any and all sections, portions or provisions of such previous Ordinances which are inconsistent with, or in excess of, the provisions herein contained are hereby repealed. SECTION 3: EFFECTIVE DATE: Whereas, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this..z.nd- day of July, 1996. loth CITY OF MERIDIAN ATTEST: Accepted: united Cable Television Corporation, dba; TCI Cablevision of Treasure Valley CABLE TELEVISION ORDINANCE PAGE - 11 ORDINANCE NO. 734 AN ORDINANCE AMENDING TITLE 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING CHAPTER 15 AND REVISING AND REENACTING SAID CHAPTER 15 TO GRANT TO UNITED CABLE TELEVISION CORPORATION, D/B/A/ TCI CABLEVISION OF TREASURE VALLEY, A FRANCHISE RENEWAL TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MERIDIAN FOR THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY AND WHICH PROVIDES DEFINITIONS, AUTHORIZES A GRANT OF AUTHORITY, PROVIDES THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIVE GRANT, SPECIFIES GRANTEE RULES, SPECIFIES SERVICE STANDARDS, PROVIDES FOR CITY RIGHTS IN THE FRANCHISE, SPECIFIES CONDITIONS ON STREET OCCUPANCY AND USE, SPECIFIES PAYMENTS TO THE CITY, PROVIDES FOR RATES AND FEES FOR SUBSCRIBERS, PROVIDES FOR ANNUAL REPORTS, PROVIDES FOR PREFERENTIAL OR DISCRIMINATORY PRACTICES; REQUIRES COMPANY LIABILITY AND INDEMNIFICATION, PROVIDES FOR BONDS AND OTHER SURETY, PROVIDES OPERATIONAL STANDARDS, REQUIRES SERVICE TO PUBLIC BUILDINGS, SPECIFIES THE DURATION AND CONDITIONS FOR ACCEPTANCE OF THE FRANCHISE, PROVIDES FOR THE TRANSFER OF THE FRANCHISE, PROVIDES FOR SEPARABILITY, PROVIDES FOR MISCELLANEOUS PROVISIONS, PROVIDES FOR PAYMENT OF PUBLICATION COSTS, PROVIDES FOR THE REPEAL OF INCONSISTENT PORTIONS OF PRIOR ORDINANCES; AND PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, There have been changes and amendments to federal law pertaining to cable television, rights and authority; and WHEREAS, United Cable television, doing business as TCI Cablevision of Treasure Valley, has requested that its cable television franchise be extended for a period of time longer than the present date of termination of the franchise, which is in September of 1998 and which franchise grant was for twenty (20) years; and WHEREAS, The City of Meridian deems it to be in the best interest of the citizens of the City to grant a franchise for cable television, to grant it for a period of time of greater duration than to September 1998, and to increase the payment by TCI Cablevision of the franchise fees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 15 of Title 3 of the Revised and Compiled Ordinance of the City of Meridian is hereby repealed. SECTION 2: That Chapter 15 of Title 3 of the Revised and Compiled Ordinance of the City of Meridian is hereby reenacted and shall read as follows: CABLE TELEVISION ORDINANCE PAGE - 1 Y 3-1501 Definitions: For the purposes of this Ordinance, the following, terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular and words in the singular include the plural and will comply with FCC or Federal definitions. The word "shall" is always mandatory and not directory. (1)"Basic Cable": Is the lowest priced tier of service that includes the retransmission of local broadcast television signals. (2)"Cable Act": Collectively means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, as amended. (3) "City": The City of Meridian City a municipal corporation of the State of Idaho, in its present incorporated form or in any other reorganized, consolidated changed form. (4) "Council": The present governing body of the City or any future body constituting the legislative body of the City. (5)"FCC": Federal Communications Commission, or successor governmental entity thereto. (6)"Franchise": The initial authorization, or renewal thereof, issued by the City, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise, which authorizes construction and operation of the system. (7) "Grantee": United Cable Television Corporation d/b/a TCI Cablevision of Treasure Valley to whom or to which a franchise under this ordinance is granted by the Council, and the lawful successor, transferee, or assignee of said person, firm or corporation. (8)"Gross Revenues": Any revenue received by the Grantee from the operation of the System in the Service Area, provided, however, that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any Subscriber thereof by any governmental unit or agency, and which are collected by the Grantee on behalf of such governmental unit or agency. (9)"Person": An individual, partnership, association, joint stock company, trust, corporation, or government entity. (10)"Public Way" or "Street": The above and below, any public street, land path, alley, court, boulevard CABLE TELEVISION ORDINANCE surface of, and the space highway, freeway, bridge, sidewalk, parkway, way, PAGE - 2 lane, public way, 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 the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the 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 the Grantee to the use thereof for the purposes of installing and operating the Grantee's System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the System. (11) "Service Area": The present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. (12) "Subscriber": Any person or user of the System who lawfully receives communications and other services therefrom with the Grantee's express permission. (13) "System": Shall have the meaning specified for "Cable Communications System" in the Cable Act. Unless otherwise specified it shall in this document refer to the cable communications system constructed and operated in the City under this Ordinance. 3-1502 Grant of Authority: There is hereby granted by the City of Meridian, State of Idaho, to United Cable Television Corporation, doing business as TCI Cablevision of Treasure Valley, successors and ass gns hereinafter referred to as Grantee, the right and privilege to construct, operate and maintain a Cable Communications System in, among, upon, across, above, over, under, or in any manner connected with the Public Ways within the Service Area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, across, or along any Public Way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the System. The City also recognizes that United Cable Television Corporation, d/b/a/ TCi Cablevision of Treasure Valley is in full compliance with terms and conditions of the franchise agreement. 3-1503 Non-exclusive Grant: The right to use and CABLE TELEVISION ORDINANCE PAGE - 3 occupy the Public Ways for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said Public Ways, during the period of this franchise. In the event the City enters into a franchise, permit, license, authorization, or other agreement of any kind with the any other person or entity other than the Grantee to enter into the City's streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the Service Area, the material provisions thereof shall be comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. The City shall not authorize or permit a System to operate within the Service Area on terms or conditions more favorable or less burdensome to such operator than those applied to the Grantee pursuant to this Franchise. 3-1504 Grantee Rules: The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise uninterrupted service to each and all its customers. Provided however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, the rules of the Federal Communications Commission of the laws of the State of Idaho. 3-1505 Service Standards: The Grantee shall maintain and operate its System and render efficient service in accordance with such rules and regulations as are, or may be hereinafter promulgated by the Federal Communications Commission. Whenever it is necessary to interrupt service for the purpose of making repairs, adjustments or installations, the Grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. 3-1506 City Rights in Franchise: (1) City -Rules. The Grantee shall at all times during the life of this franchise, be subject to all generally applicable ordinances and regulations of the City, and to the lawful exercise of the City's police power. (2) Use of S stem b City. Upon written notification from the City, to the Grantee and subject to any applicable state or federal regulations or tariffs, the City shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by CABLE TELEVISION ORDINANCE PAGE - 4 or for the Grantee in any Public Way; provided that: ( a ) such use by the City does not interfere with current or future use by the Grantee; ( b ) the City holds the Grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including, but not limited to, reasonable attorneys' fees and costs; and (c) at the Grantee's sole discretion and upon written notification from the Grantee, to the City, the City may be required either to pay a reasonable fee or otherwise reasonably compensate Grantee for the use of such poles, conduits, or equipment; provided, however, that Grantee agrees that such compensation or charge shall not exceed those paid to it by public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the Service Area. In case of any emergency or disaster, the Grantee shall, upon request of the City Council, make available its facilities to the City for emergency use, to provide emergency information and instructions during the emergency or disaster period. The City agrees to share the available facilities for such use with all governmental entities off of the same technical Headend. Except to the extent expressly prohibited by law, the City shall hold the Grantee, its employees, officers, and assigns, harmless from any claims arising out of the emergency use of its facilities by the City, including, but not limited to, reasonable attorney's fees and costs. 3-1507 Conditions on Street Occupancy -Use: (1) Use. All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of Public Ways, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said Public Ways, and not to interfere with existing public utility installations. In all areas of the City where the cables, wires or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits. (2) Restoration. In case of any disturbance of pavement, sidewalks, driveway or other surfacing, the Grantee shall, at its own expense, and in the manner provided by the City, replace and restore all paving, sidewalk driveway, other surface of any Public Way disturbed to a condition reasonably comparable to the condition of the Public Way CABLE TELEVISION ORDINANCE PAGE - 5 existing immediately prior to such disturbance. (3) Relocations. If at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade or location of any Public Way, by reason of traffic conditions, public safety, street abandonment, freeway and street construction, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements, the Grantee shall upon reasonable notice by the City, not to be less than five business days, protect, support, temporarily disconnect, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense except as provided for by law or entitlement, or unless other utilities charge then grantee may charge City, and in each instance comply with the requirements of the City. The Grantee shall in all cases have the right of abandonment of its property. (4) Temporary Removal of Wire and/or Fixtures for _Building Moving. The Grantee shall, on request of any person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal, to be paid by the person requesting the same, of which the Grantee shall be authorized to require such payment in advance. Grantee shall be given not less than forty-eight ( 48 ) hours advance notice to arrange for such temporary changes. (5) Tree Trimming. The Grantee shall have authority to trim any trees or other natural growth upon and overhanging any of its System in the Service Area so as to prevent the branches from coming in contact with the wires, cables, or other equipment of the Grantee. 3-1508 Payments to the City: The Grantee shall pay to the City a franchise fee, which fee shall be, and is, an amount equal to five (5) percent of Grantee's Gross Revenues (as defined in 3-1501 (8)), from the operation of the System in the Service Area, which fee shall be paid semi-annually and within sixty (60) days after the end of each six month period for all years which this franchise is granted. For the purpose of this section, the semi-annual periods applicable under this Franchise for the computation of the payments to the City shall be January 1 through June 30 and July 1 through December 31 of each calendar year. The franchise rate may be reviewed by the City or Grantee at the expiration of each five (5) year period during the effective term of this franchise or any extension thereof, if notice is provided within 90 days prior to the expiration of such five (5) year period. Any such review shall take into account the maximum Franchise Fee allowable, as determined by CABLE TELEVISION ORDINANCE PAGE - 6 the FCC or Congress. 3-1509 Rates and Fees of Subscribers: (1) The City may adopt the requisite ordinances to regulate rates for the provision of Basic Cable TV Service and equipment as defined, provided and permitted by the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act") together with implementing regulations promulgated by the FCC. (2) The Grantee shall file with the City on December 31 of each year a full schedule of all subscribers and users rates and all other charges including but not limited to, pay TV, lease channel and discrete services, made in connection with the cable communications system. (3) Nothing in this Agreement shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers or users. 3-1510 Annual Report: On or before June 30 of each calendar year during the term of this franchise the Grantee shall file with the City a written report which shall include, whenever reasonably possible, financial statements for the previous year as needed to insure compliance with all provisions of this franchise ordinance. 3-1511 Preferential or Discriminatory Practices Prohibited: The Grantee shall not discriminate in the assessment, level, charge, imposition or collection of rates on the basis of age, race, creed, color, religion, national origin, sex or marital status. 8-1512 Company Liability -Indemnification: It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City by reason of any suit, judgment, execution, claim, or demand resulting from the construction, operating or maintenance by the Grantee of its System in the City, provided that the City shall give the Grantee written notice of its obligation to indemnify the City within 10 days of receipt of a claim or action pursuant to this section. The Grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under this ordinance, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise, at Grantee's sole expense, a general comprehensive liability insurance policy in the minimum amount of: $500,000.00 for property damage to any one person. CABLE TELEVISION ORDINANCE PAGE - 7 $500,000.00 for property damage in any one occurrence. $500,000.00 for personal injury to any one person. $1,000,000.00 for personal injury in any one occurrence. The Grantee shall provide a Certificate of Insurance designating the City as an additional insured. Such insurance shall be noncancellable except upon 30 days prior written notice to the City. 3-1513. Bonds and Other Surety: (1) Except as expressly provided herein, Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the Franchise or continuing its existence. Grantee and City recognize that the costs associated with bonds and other surety may ultimately be borne by the subscribers in the form of increased rates for cable services. Initially, no bond or other surety will be required. In the event that one is required in the future, the City agrees to give Grantee at least sixty (60) days prior written notice thereof: stating the exact reason for the requirement. (2) Notwithstanding the above provisions, Grantee shall be responsible for standard performance bonds and insurance required for encroachment permits for work done within City streets. 3-1514 Operation Standards: The System shall be installed and maintained in accordance with the minimum standards set by the applicable rules and regulations of the Federal Communication Commission. 3-1515. Service to Public Buildings: The Grantee shall, upon request, provide without charge, one outlet of Basic Service to those Franchising Authority offices, fire station(s), police station(s), and public school building(s) that are passed by its System. The outlets of Basic Service shall not be used to distribute or sell services in or throughout such buildings, nor shall outlets be located in areas open to the public. Users of such outlets shall hold the Grantee harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability. The Grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds or unless the appropriate governmental entity agrees to pay the incremental cost of such drop line in excess of 150 cable feet. If additional outlets of Basic Service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials. CABLE TELEVISION ORDINANCE PAGE - 8 3-1516 Duration and Conditions for Acceptance of Franchise: This Franchise and all rights and privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of fifteen (15) years, provided that, within 30 days after the date of passage of this ordinance the Grantee shall file with the City Clerk, in writing, duly executed by the proper officials, the following documents: 1. Its conditional acceptance of this franchise; and 2. Its proof of insurance as provided in Section 3- 1512. 3-1517 Transfer of Franchise: The Grantee's right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or System in order to secure indebtedness. Within 30 days of receiving the request for transfer, the City shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the information it requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Grantee's request for transfer within 120 days after receiving such request, consent by the City shall be deemed given. 3-1518 Separability: If any section, sentence, clause, term, provision or phrase of this ordinance or any part thereof is for any reason found to be illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. 3-1519 Miscellaneous Provisions: (1) Time is of the essence of this franchise. The Grantee shall not be relieved of its obligations to comply promptly with any of the provisions of this ordinance by any failure of the City to enforce prompt compliance. (2) No provision of this Ordinance shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. No provision of this Ordinance shall be deemed to CABLE TELEVISION ORDINANCE PAGE - 9 bar any rights the Grantee may have under law, which may include the Cable Act, as amended, to the extent it is in force, and the right to review any decision by the City, by a court of competent jurisdiction. ( 3 ) The Grantee shall maintain a local, toll free or collect call telephone access line which will be available to Subscribers 24 hours a day, seven days a week. (4) Unless expressly otherwise agreed between the parties, every notice or response required by this Franchise to be served upon the City or the Grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid. The notices or responses to the City shall be addresses as follows: City of Meridian 33 E. Idaho Meridian, ID 83642 The notices or responses to the Grantee shall be addressed as follows: TCI Cablevision of Treasure Valley 8400 Westpark Street Boise, ID 83704 with a copy to: TCI West P.O. Box 91220 Bellevue, WA 98009 Attn: Legal Dept. The City and Grantee may designate such other address or addresses from time to time by giving notice to the other. 3-1520. Publication costs: The Grantee shall assume and pay all publication costs in connection with the adoption of this Ordinance and the granting of a franchise as required by Idaho Code, Section 50-329. A statement for all such costs shall be prepared by the City Treasurer and presented to the Grantee upon filing its acceptance with the City Clerk. 3-1521 Any and all previous ordinances granting to United Cable Television Corporation d/b/a TCI Cablevision of Treasure Valley, a Delaware Corporation, a franchise to operate a Cable Communications System, including Ordinances CABLE TELEVISION ORDINANCE PAGE - 10 No. 180 and 244 are superseded by this ordinance, which intends and constitutes amendment of those previous Ordinances. Any and all sections, portions or provisions of such previous Ordinances which are inconsistent with, or in excess of, the provisions herein contained are hereby repealed. SECTION 3: EFFECTIVE DATE: Whereas, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this loth day of July, 1996. CITY OF MERIDIAN T D. CORRIE - MAYOR ATTEST: \`11J%111111 Mill/, ``5 i 4-1 Q William G. Berg, Jr. TY CLERK SEAL Accepted: `�+m,111111t11``1 11 United C e Television Corpo -ation, dba; TCI Cab evision of Treasur�'Valley r" CABLE TELEVISION ORDINANCE PAGE - 11