180A United Cable Television
100
(Re: Page 33, Baak 2, 4.7.69)
AMENDED ORDINANCE NO. 180
AN ORDINANCE AMENDING ORDINANCES 180 AND 244 AND GRANTING TO UNITED CABLE TELEVISION
CORP., A FRANCHISE TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION 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; IMPOSING COMPLIANCE
WITH APPLICABLE LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY; PROVIDING
THAT SAID FRANCHISE SHALL BE A NON-EXCLUSIV[ GRANT; SPECIFYING GRANTEE RULES AND
SERVICE STANDARDS; PROVIDING FOR CITY RIGHTS IN SAID FRANCHISE; SPECIFING CONDITIONS
ON STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL AND COMMON USER OF
POLES; SPECIFYING PAYMENTS TO SAID CITY; PROVIDING FOR RATES AND FEES OF SUBSCRIBERS;
SPECIFYING ANNUAL FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT PREFERENTIAL
OR DISCRIMINATORY PRACTICES BE PROHIBITED; REQUIRING COMPANY LIABILITY AND INDEMNI-
FICATION; REQUIRING THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING FORTH
OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPLETION AND PENALTY THEREFORE;
SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE TO SCHOOLS; SPECIFYING THE
DURATION AND CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE; PROVIDING FOR LIMITATIONS
OF SAID FRANCHISE; PROVIDING FOR SEPARABILITY; SETTING FORTH MISCELLANEOUS PRO-
VISIONS~THE REQUIREMENT FOR PAYMENT OF PUBLICATION COSTS; AND REPEALING INCONSIS-
- -- lENI ~UKllUN~ U~ UKU1NANC~~ ItlU ANU ~44. .
Sectlan I. Uetlnltlons: ~or tne 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. The word "shall" is always mandatory and not directory.
(1) "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.
(2) "Council": The present governing body of the City or any future body
constituting the legislative body of the City.
(3) "Grantee": United Cable Television Corporation to whom or to which a
franchise under this ordinance is granted by the Council, and the lawful successor
or assignee of said person, firm or corporation.
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(4) "Street": The surface of, and the space above and below, any pUblic
street, road, highway, freeway, lane, alley court, sidewalk, parkway, drive or
other public property, hereafter existing as such within the Ctty.
(5) "Community Antenna Television System": Hereinafter referred to as
"CATV System" or "System" shall mean a system of antennae, coaxial cables, wave
guides or other conductors, equipment of facilities designed, constructed or used
for the purpose of providing television, F.M. radio, or other services by cable
through its facilities as herein contemplated. CATV shall not mean or include the
transmission of any special program or event for which a separate and distinct
charge is made to the subscriber in the manner commonly known and referred to as
lI_p~y.__television'_II_ but may mean and include extraordinary or extra services or
pr.ogr.amming provided ori an optional monthlY basis for a fiXed monthlY fee.
(6) "Subscriber": Any person or entity receiving far any purpose the CATV
service of the Grantee herein.
Section 2. Grant of Authority: There is hereby granted by the City of Meridian,
State of Idaho, to United Cable Television Corporation, formerly known as General
Communications and Entertainment Company, Subsidiary of the Livingston Oil Company, I
whose principal place of business is Denver, Colarado, successors and assigns here-
inafter referred to as Grantee, the right and privilege to construct, operate and
maintain a community antenna television system within the City for the distribution
of television signals, F.M. Radio, or other services by cable approved by the _ .
Council, subject to the terms, conditians and provisians contained herein.
Section 3. Non-exclusive Grant: The right to. use and occupy the streets,
alleys, public ways and places for the purposes herein set forth shall not be
exclusive, and the City reserves the right to grant a similar use of said streets,
alleys, publ ic ways, and places" to any person, firm or corporation at any time
during the period of this franchise.
Section 4. Grantee Rules: The Grantee shall have the authority_to. pro-mu}-
gate such rules, regulations, terms and conditions governing the conduc-t of-i,.ts- <
business as shall be reasonably necessary to enable said Grantee to exercis_e_ ;Xs--~::_
rights and perform its obligations under this franchise, and to assure unin1j!rruRt~o:
service to each and all of its customers. Provided however, that such rule~, :r-~
regulations, terms and conditions shall not be in conflict with the provisions ~ ~.
hereof, the rules of the Federal Communications Commission or the laws of--the
State of Idaho..
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(Re: Book 2, Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
101
Section 5. 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 Councilor 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.
Section 6. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during the life of this
franchise, be subject (a) to the terms and rovisions of the Meridian Cit Code,
(b) to the lawful exercise of the police power of the City, and c to such
reasonable regulation as the City may hereafter by resolution or-ordinance provide.
(2) Use of System by City. The City shall have the right without cost,
to make attachments to poles owned and used by the Grantee in connection with
its fire or police signal systems or other City use, such attachments to be
installed and maintained in accordance with the requirements of the National
Electric Safety Code and only after written notice to the Grantee; provided,
however, that the Grantee shall assume no liability or expense in connection
therewith, and provided further, that the City's use thereof shall be in such
a manner as not to interfere with the community antenna television operations
of the Grantee. 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.
(a) Compliance with Grantee Rules. The City in its use and maintenance
of such wires and fixtures, shall at all times comply with the rules and
regulations of the Grantee in order that there be a minimum danger of contact
or conflict between the wires and fixtures of the Grantee and the wires and
fixtures used by the City.
(b) Liability. The City shall be solely responsible and save the Grantee
harmless for all claims and demands for damages to persons or property arising
out of the construction, maintenance, rearrangement or removal of poles,
wires, fixtures, or other facilities authorized by this section.
(c) Inspection of Property and Records. At all times during construction
and at all reasonable times thereafter, the Grantee shall permit any duly
authorized representative of the City to examine all property of the Grantee
situated within or without the City and to examine and transcribe any and all
maps and other records kept and maintained by the Grantee.
Section 7. Conditions on Street Occupancy-Use:
(1) Use. All transmission and distribution structures, lines and equip-
ment erected by the Grantee within the City shall be so located as to cause
minimum interference with the proper use of streets, alleys and other public
ways and places, and to cause minimum interference with the rights or reason-
able convenience of property owners who adjoin any of the said streets, alleys
or other publiC ways and places, 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. The Grantee shall
furnish to the file with the City, maps, plats and permanent records of the
location and character of all facilities constructed, including underground
facil ities.
(2) Restoration. In case of any disturbance of pavement, sidewalk,
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 street or alley disturbed.
(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
street, alley or other public way, the Grantee shall upon reasonable notice by
the City, remove, relay and relocate its poles, wires, cables, underground
conduits, manholes and other fixtures at its own expense, and in each instance
comply with the requirements of the City.
(4) Placement of Fixtures. The Grantee shall not place poles, conduits
or oth~t fjxt~res above or below ~to~rid where the Sa~e Will irtt~tf~re with any
102
(Re: Book 2, Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
gas, electric, telephone fixtures, water hydrant or other utility, and all such
poles, conduits or other fixtures, placed inany.:street:,Shall-:be-so placei:.i' as to
comply with all requirements of the City.
(5) 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, and the Grantee shall be given not less than forty-eight (48) hours
advance notice to arrange for such temporary changes.
(6) Tree Trimming. The Grantee shall have authority to tr~m any trees
upon and overhanging the streets, alleys, sidewalks, public places of the City
so as to prevent the branches of such trees from coming in contact. with the
wires and cables of the Grantee, except that at the option of the City, such
trimming may be done by it, or under its supervision and direction~-at the
expense and liability of the Grantee.
Section 8.
Erection, Removal and Common User of Poles.
(1) No poles or other wire-holding structures shall be erected by the
Grantee without prior approval of the City with regard to location, height,
type and other pertinent aspects. However, location of any pole or wireholding
structure of the Grantee shall not be a vested interest and such poles or
structures shall be removed or modified by the Grantee at its own expense
whenever the City determines that public convenience would be enhanced thereby.
(2) Where poles or other wire~holding structures of any public utility
company are available for use by the Grantee, the City may require the Grantee
to use such poles and structures if the permission and consent of such public
utility company may be obtained by the Grantee and if the terms of the use
available to the Grantee are just and reasonable, all to be done in conformance
with the rules, regulations and requirements of the Public Utility Commission
of the State of Idaho and the City.
(3) Where a public utility serving the City desires to make use of the
poles or other wire-holding structures of the Grantee, but agreement therefor
with the Grantee cannot be reached, the City may require the Grantee to permit
such use for such consideration and upon such terms as the Council shall deter-
mine to be just and reasonable, if the use will enhance the public convenience
and if it would not unduly interfere with the Grantee's operation.
(4) Where City owned utility poles are available for use of the Grante.~
the Grantee shall pay the City the same pole rental per annum as paid by the
Grantee for the use of poles owned by other public utilities.
Section 9. Payments to the City: The Grantee shall pay to the City
annually and within sixty (60) days after the end of each period for which
this franchise is granted, an amount equal to a percentage of gross income from
subscribers reSiding in the City as foll ows:
4% for the first two years of operation.
3% for the next three years of operation.
The franchise rate is to be renegotiated by the City at the expiration of
each five (5) year period during the effective term of this franchise or any
extension thereof.
Section 10. Rates and Fees of Subscribers: Grantee shall be permitted
to charge the following rates and fees for its services;
Single Residential Standard Rates and Charges
A. Installation Charges - (We United Cable Television reserve the right during
the construction eriod to offer a free connection to an resident in the
service area.
(1) Residential or Commercial
Primary television outlet, normal installatiQn
Reconnection of exist in 'r;maryiristallation
$20.00
$15.00
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(Re: Book 2; Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
103
(c) Additional installation at same location
(d)
on safe
$10.00
$10.00
1.
2.
at same time
$ 7.50
at different
B. Monthly Rates - Single Residential
(1)
First TV, FM Radio or Commercial Outlet
(a) Primary Television outlet
(b) Additional TV or radio outlets (each)
TV Dealer of licensed service shop - flat rate
for all outlets
Free
(2)
$ 7.95
$ 2.50
C. Yearly Rates - Descrambler maintenance Fee
$25.00
Multiple Dwelling Unit Rates - Contained within one structure or a group
of structures located in one complex when all units are to be served and
where all charges are billed to one customer.
A. Installation Charges
Time & Material at Cost
B. Monthly Rates - Per TV outlets according to the following schedule:
(1) Up to 49 (Each
(2) 50 through 99 (Each)
(3) 100 and over (Each)
$ 5.50
$ 5.25
$ 5.00
City Government and Educational Institution Rates
One Connection at each department/building
Free
Premium Television Service
A.
Insta 11 ati on Charge $20.00
Ins ta 11 ed at time of basic service connection $15.00
Monthly Service $ 9.95
Yearly Subscription to HBO Guide $ 2.00
B.
C.
Lost or Damaged Descrambler
A. The company will charge subscribers not more than $25 for
the repair of a descrambler device damaged through the neglect or
abuse bi subscriber - normal wear expected.
B. The company will charge subscriber not more than $200 for the
replacement of a lost or stolen descrambler device.
Miscellaneous Charges and Credits
A. Late Fee - If payment is not received by date shown on
subscriber's statement 5% of balance
B. Returned Check
$ 5.00
C. Collection Fee - In the event the company has ordered
disconnection for non-payment of subscriber charges and
serviceman receives payment in full of outstanding balance
prior to termination of service
$10.00
D. Unwarranted Service Calls - In the event a serviceman is called
to a subscriber's home and can show that complaint is not
telated~tbcabTe_TV service $10.00
E. Prepayment of 1 Year's Service Charges
MoVe outlet-different room
10% Full Credit
Change of Address Charge
$ 7.50
$ 3.50
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(Re: Book 2, Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
Rates may be altered or raised, by Grantee only with permission of the
Council. Any rate increase would require that Grantee give notice of its
intentions thereof to Council, and said increase would be in effect sixty
(60) days thereafter if Council does not disapprove. Should Council disapprove
the requested increase, Grantee shall be allowed a pUblic hearing before the
Council regarding the matter, after which Council shall reconsider the increase.
Section 11. Annual Financial Report and Rate Review:
On or before April 15 of each calendar year during the term of this franchise.
the Grantee shall file with the City an audited financial statement of its
operations during the preceding year. Such statement shall be prepared in
conformance with generally accepted accounting practices by ~. licensed
certified pUblic accountant and shall be sufficient in detail to permit a
determination by the City that the rates and charges are fair and reasonable.
Section 12. Preferential or Discriminatory Practices Prohibited:
The Grantee shall not, as to rates, charges, servi ce facil iti es, rul es, regu- I
lations, or in any other respect, make or grant any preference or advantage
to any person, nor subject any person to any prejudice or disadvantage, pro-
vided, that nothing in this franchise shall be deemed to prohibit the estab-
lishment of a graduated scale of charges and classified rate schedule to which
any customer coming within such classification would be entitled.
Section 13. Company Liability-Indemnification: It is expressly under-
stood 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,
operation or maintenance by the Grantee of its television system in the City.. ,-'
The Grantee shall, concurrently with the filing of an acceptance of award of
the franchise granted under this ordinance, file wit~ the.City Clerk and at
all times thereafter maintain in full force and effect for the term of such
franchise or renewal thereof, at Grantee's sole expense, a general compre-
hensive liability insurance policy, in protection of the City, its officers,
boards, commissions, agents and employees, in a company authorized to do
business in the State of Idaho, and in a form satisfactory to the City Attorney,
protecting the City and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by the operations of
Grantee uneer such franchise in the minimum amount of:
$250,000.00 for property damage to anyone person.
$500,000.00 for property damage in anyone occurrence.
$5'00-,000:00 fOT personal injury to anyone person.
$1,000,000.00 for personal injury in anyone occurance.
Section 14. Faithful Performance Bond: Upon the commencement of con-
struction, the Grantee shall provide a construction performance bond that will
faithfully guarantee the payment of all labor and material costs incurred by
it or its subcontractors during construction of the system. The performance
bond will be issued by a company licensed to do business in the State of Idaho
and in a form approved by the City Attorney. In addition, the Grantee shall
maintain throughout the term of this franchise, a corporate surety bond issued
by a company licensed to do business in the State of Idaho and in a form approved
by the City Attorney in the principal sum of $10,000.00, naming the City as an
insured. The surety bond shall guarantee performance of each term and condition
of this franchise contract and in the event of any breach of condition of the
bond, the amount thereof shall be recoverable from the principal by the City for
all damages resulting from failure of Grantee to well and faithfully perform
and observe any provision of this franchise.
Section 15. Operational Standards: The CATV System shall be installed and
maintained in accordance with the minimum standards set by the applicable rules
and regulations of the Federal Communications Commission.
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Section 16. Time of Construction: Grantee shall commence construction
of the Cable TV System no later than thirty (30) days after it receives final
approval from the Federal Communications Commission to establish or use a
micro-wave facility to bring in at least the following:
A commercial, independent TV station, at least one educational TV station,
and the local ABC, CBS, and NBC affiliated stations.
Grantee shall complete construction of the system within the City within
eighteen (18) months after construction commences. Prior to the commencement
of the construction and prior to final grant of authority from the Federal
Communication Commission to establish at least the minimum program requirements
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(Re: Book 2; Page 33; 4.7.69)
AMENDED ORDINANCE NO. 180
105
set forth above, Grantee shall conduct the necessary engineering studies so
that construction can commence promptly upon final approval of the Federal
Communications Commission.
In the event that, the Grantee does not perform according to the provisions
of this ordinance, the City shall give written notice of the particular items
wherein the Grantee has failed to perform and Grantee is hereby given a period
of sixty (60) days to correct the defaults of which the notice complains. If
no correction is made during said period the Council may, at its discretion,
assess a penalty of $25.00 per day until such default is corrected, or may
repeal this ordinance. Provided however, that the Grantee may petition the
Council for an extension of time to comply for good cause shown. The deter-
mination of what constitutues good cause shall be determined by the Council;
and the decision of said council:shall be accepted as final.
Section 17. Extension Policy: The Council shall grant reasonable exten-
sions referred to in Section 16, in the event of strikes, floods, fire, acts
of God, force majeure, labor disputes, inavailability of building materials
beyond the control of the Grantee or any other cause beyond the control of
the Grantee.
Section 18. Service to Schools: The Grantee shall provide
state accredited public and parochial schools within the City for
purposes upon request by the City at no cost to it or the school.
Grantee may, at its option, provide similar services without cost
private, parochial and religious schools.
service to
educational
The
to other
Section 19. Duration and Conditions for Acceptance of Franchise: --: _
The Franchi se and all ri ghts and privil eges and authority hereby granted_-sfiall .~',
take effect and be in force from and after final passage hereof, asproviQ.~d iJy,,-_ __ ~:..
law, and shall continue in force and effect for a term of 20 years, provided- "_--
that, within 30 days after the date of passage of this ordinance the Grarttee,-- - -
shall file with the City Clerk) in writing, duly executed by the proper : ---~
official s, the foll owing documents: .-"
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1. Its unconditional acceptance of this franchise; and
2. Its performance bond as provided in Section 14; and
3. Its proof of insurance as provided in Section 13.
Section 20. Limitations of Franchise: This franchise shall be a privilege
to be held in personal trust by the original Grantee. It cannot in any event
be sold, transferred, leased, assigned or disposed of, in whole or in part,
either by forced or involuntary sale, merger, consolidation, or otherwise,
without the consent of Council expressed by resolution.
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SecUon 21. SeparaoH ity: If any' section, sentence, cl ause or phrase
of this ordinance or any part thereof is for any reason found to be unconsti-
tutional by a court of competent jurisdic.tion, such decision shall not affect
the validity of the remaining portions of this ordinance or any part thereof.
Section 22. 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) The Grantee shall have no recourse against the City for any loss,
cost, expenses or damage arising out of any provisions or requirements of
this ordinance or its enforcement.
(3) The Grantee shall maintain a toll free telephone listing in the City
of Meridian in order that CATV maintenance service shall be promptly available
to all subscribers, which shall be a toll-free number.
(4) The Grantee shall not repair, maintain, sell or recoijroe~d any
television or radio equipment or recommend radio and television repairmen.
Any repair work done to subscriber sets shall be performed by repairmen
other than employees, directly or indirectly, employed by the Grantee. The
Grantee is prohibited from inducing subscribers to remove their presently
installed television antennas.
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(Re: Book 2, Page 33, 4.7.69)
AMENDED ORDINANCE NO. 180
Section 23. Publication costs: The Grantee shall assume and pay all pub-
lication costs in connection with the adoption of a CATV ordinance ana the
granting of a franchise as required by Idaho Code, Section 50-329. A state-
ment for all such costs shall be prepared by the Ctiy Treasurer and presented
to the Grantee upon filing its acceptance with the City Clerk.
Section 24. Any and all previous ordinances granting to General
Communications and Entertainment Company, Incorporated, a Delaware Corporation,
a subsidiary of the Livingston Oil Company, a franchise to operate a Community
Antenna Television System, including ordinances No. 180 and 244 are superceded
by this ordinance, which intends and constitutes amendment of these previous
ordinances. Any and all sections, portions or provisions of such previous
ordinances which are inconsistent with, or in excess of, the provisions herein
are hereby repealed.
Section 25. There being an emergency, this Ordinance, or any amendment
hereto, shall be in full force and effect on the 1st day after its passage,
approval and publication, or passage, approval and pUblication of any amendment.
PASSED by the Council of the City of Meridian, Idaho this 25th day of
September, 1978.
APPROVED By the Mayor of the City of Meridian City, Idaho, this 25th day
of September, 1978.
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