CABLE TELEVISION
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ORDINANCE NO. 6046-96
AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED
THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF
PROVIDING CABLE TELEVISION SERVICES; PRESCRffiING THE TERMS
AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;' AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN
EFFECfIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARW A lER, FLORIDA:
Section 1 -- Findings
Pursuant to the procedures in the Cable Act (as defined in Section 3), and Section 166.046
of the Rorida Statutes (Municipalities - Definitions; minimum standards for cable television franchises
imposed upon counties and municipalities), the Grantor (as defined in Section 3) has held a public
hearing where the following issues related to granting a cable television franchise to Grantee were
considered: (i) the economic impact upon private property within the City; (ii) the public need for
such franchise; (iii) the capacity of public rights-of-way to accommodate the cable system; (iv) the
present and future use of the public rights-of-way to be used by the cable system; (v) the potential
disruption to existing users of the public rights-of-way to be used by the cable system and the
resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise
applicant to perform; and (vii) other societal interests as are generally considered in cable television
franchising. The Grantor has determined to grant a new cable television franchise to GTE Media
Ventures Incorporated (the "Grantee") on the terms and conditions set forth in this Ordinance, and
the Grantee agrees to such terms and conditions.
Section 2 -- Short Title
This Ordinance shall be know and may be cited as the "GTE Media Ventures Cable
Franchise. "
Section 3 -- Definitions
For 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 in the present
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tense include the future, words in the plural number include the singular number and words in the
singular number include the plural number. The word "shall" is always mandatory and not merely
directory.
"Abandonment" means: (i) the cessation, by act or failure to act of the Grantee of the
provision of all, or substantially all, of the Services then being provided over the System to
Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event
beyond the control of the Grantee; or (ii) the compietion of any action described in Section 14 of this
Ordinance without the prior written consent of the Grantor.
"Affiliated Person" means each Person who falls into one or more of the following
categories: (i) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii)
each Person in which the grantee has, directly or indirectly, a Controlling Interest; (iii) each officer,
director, general partner, limited partner holding an interest of twenty-five percent (25%) or more,
joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly,
controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated
Person" shall in no event mean the Grantor, the entity, if any, administering some or all of the Access
Channels, any limited partner holding an interest of less than twenty-five percent (25%) of the
Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not
otherwise an AffIliated Person by reason of owning a Controlling Interest in, being owned by, or
being under common ownership, common management. or common Control with, the Grantee.
"Basic Service" means that level of Cable Services distributed over the Subscriber Network,
which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the
requirements of Sections 614 and 615 of the Cable Act (47 U.S.C. ~~ 534 and 535, respectively); (ii)
any Access Channel prograrrnning required by this Ordinance to be provided to Subscribers; (iii) any
Signal of any broadcast station provided by the Grantee to any Subscriber, except a Signal which is
secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any
other Cable Services offered as basic service.
"Cable Act" means the Cable Communications Policy Act of 1984,47 U.S.C. ~~ 521-611
(1991) and any amendments thereto, including amendments made by the Telecommunications Act
of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable Television Consumer Protection
and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified at 47 U.S.C. ~~
151-611 (1993) and any amendments thereto, including amendments made by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), all of which, among
other things, are amendments to the Communications Act of 1934,47 U.S.C. ~~ 151-611 (1991).
"Cable Service" means: (i) the one-way transmission to Subscribers of video programming
or other prograrmning service and (ii) Subscriber interaction. if any, which is required for the selection
or use of such video programming or other programming service.
"Cable System" means any facility, consisting of a set of closed transmission paths and
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associated signal generation, reception and control equipment. that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such term does not include (i) a facility that serves only to retransmit the television
signals of one or rrore television broadcast stations; (ii) a facility that serves subscribers without using
any public right-of-way; (ill) a facility of a common carrier which is subject, in whole or in part, to
the provisions of subchapter II of the Corrmunications Act of 1934, except to the extent such facility
is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an
electric utility used solely for operating its electric utility systeln
"Channel" means a band of frequencies in the electromagnetic spectrum, or any other means
of transmission (including. without limitation, optical fibers or any other means now available or that
may become available), which is capable of carrying a video Signal. an audio Signal, a voice Signal,
or a data Signal.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership, management., debt
instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee.
"Economically and Technically Feasible and Viable" means capable of being provided:
(a) through technology which is readily available with reasonable delivery schedules from two (2) or
more sources of supply and has been derronstrated in actual operating conditions (not simply through
tests or experiments) to operate in a workable manner; and (b) in a manner which has a reasonable
likelihood of generating a reasonable return on the Grantee's investment when measured over.the
remaining term of the Franchise.
"FCC" means the Federal Communications Commission, its designee, or any successor
thereto.
"Franchise Area" nuns the area consisting of the corporate limits of the City of Clearwater,
as its border may be changed from time to time.
"Grantee" means GTE Media Ventures Incorporated. a Delaware corporation, whose
principal pla<r-ofbusiness is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX
75015-2092.
"Grantor" means the City of Clearwater, Horida, or, as appropriate in the case of specific
provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or
any other entity of or acting on behalf of, the City of Clearwater, Horida, or any officer, official,
employee, or agent thereof. any designee of any of the foregoing. or any successor thereto.
"Gross Revenue" means all revenue, as determined in accordance with generally accepted
accounting principles, including advertising revenue, which is received by the Grantee, by any
Affiliated Person, and any other Person from or in connection with the distribution of any Service on
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the System or the provision of any service related activity in connection with providing Service on
the System Gross Revenue shall not include the revenue of any Affiliated Person and other Person,
including, without limitation, a supplier of programming of the Grantee, to the extent that said
Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include
any revenues otherwise classified as "Noncable Service" revenue under federal or state law or any
revenue of the Grantee or any other Person which is received directly from the sale of merchandise
through any Service distributed over the System (other than that portion of such revenue which
represents or can be attributed to a Subscriber fee or a payment for the use of the System for the sale
of such merchandise, which portion shall be included in Gross Revenue).
"Noncable Service" means any Service which is distributed over the System, other than a
Cable Service.
"Pay Service" means any Cable Service offered on a per Channel or per program basis.
"Person" means any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean
the Grantor.
"Rights-of- Way" means all of the public streets, alleys, highways, waterways, bridges,
easements, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such territory as
may hereafter be added to, consolidated or annexed to the City.
"Service" means any Cable Service, including any Basic Service, and any other related
service, such as, the provision of any equipment and any installation of equipment or facilities and
monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any
Person in conjunction with, or distributed over, the System.
"State-of-the-Art" or "State of the Art," as applicable, means that level of technical or
serviL-e perlonnance, capacity and capability (including, but not limited to, plant or other equipment;
construction techniques; customer service; facilities, equipment, systems and operations; and
performance standards) which has been developed and demonstrated in the cable industry to be
workable and Economically and Technically Feasible and Viable from time to time throughout the
term of the Franchise.
"Subscriber" means any Person lawfully receiving any Service provided by the Grantee by
means of or in connection with the System, whether or not a fee is paid for such Service.
''Subscriber Network" means that portion of the System over which Services are provided
primarily to residential Subscribers.
''System'' means the Cable System which is to be constructed or leased, operated, maintained
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and upgraded, as necessary, by the Grantee pW"Suant to this Ordinance, including, without limitation.
all of Grantee's rights to and interest in all real property, all tangible and intangible personal property,
buildings, offices, furniture, leases, Subscriber lists, cables, amplifiers and all other electronic devises
used in connection therewith and all of Grantee's rights to and interest in all rights, contracts and
understandings with regard to any matter related thereto.
Section 4 -- Grant of Authority
(A) There is hereby granted by Grantor, to Grantee, the rights and privilege to construct.
erect, operate, own and maintain, in, upon, along, across, above, over and under Rights-of-Way now
laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires,
cables, underground conduits, manholes and other communication fixtures and utility structures
necessary or proper for the maintenance and operation of the System in accordance with the
provisions of this Ordinance; and in addition, so to use and operate similar facilities or properties
including, but not limited to, any public utility, rented or leased from other persons, including, but not
limited to, other grantees franchised or permitted to do business in the City. This Franchise is
awarded subject to all applicable City ordinances and regulations, provisions of general or special
laws of Florida, and the federal laws and regulations.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable
Services only and only within the Franchise Area.
(C) The Franchise is nonexclusive. Nothing in this Ordinance shall affect the right of the
Grantor to grant to any Person, or to itself, a franchise, consent. or right to occupy and use the
Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part
of a Cable System within the Franchise Area or for any other purpose.
(D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant to any
third party one or more franchises for the construction, operation or maintenance of a cable system
pursuant to the Cable Act. and shall be implemented consistent with Section. 166.046 of the Florida
Statutes (Municipalities - Definitions; minimwn standards for cable television franchises imposed
upon counties and municipalities).
If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter
"Additional Cable Franchise Ordinance'') for the construction, operation or maintenance of a Cable
System pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance
pursuant to which such Additional Cable Franchise Ordinance is granted bestows benefits or imposes
burdens on the franchisee which, on balance, are materially more advantageous to such third party
than the benefits bestowed and burdens iIqx>sed on the Grantee by this Ordinance are to the Grantee,
then the Grantee may request that the Grantor make a determination to such effect and, in the event
of such a determination, renegotiate the tenDs and conditions of this Ordinance as provided below.
The Grantee may only request such a determination if the Grantee is in substantial compliance with
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the material provisions of this Ordinance.
In the event of such a request, the Grantor shall determine, under its standard procedures.
whether the Additional Cable Franchise Ordinance bestows benefits or imposes burdens on the third
party which, on balance, are materially more advantageous to the third party than the benefits and
burdens imposed by this Ordinance are to the Grantee.
In making a determination under this subsection, the Grantor may consider factors such as,
but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee,
including the Gntntee; (ill) the number and density of dwelling units to be served; (iv) differences in
construction, operational and maintenance costs; (v) differences in required system characteristics,
including state-of-the-art requirements; (vi) differences in service obligations, including public,
educational and governmental access and institutional service requirements; (vii) differences in
pennitted company fees and charges; and (viii) such other factors and considerations as it considers
to be relevant to an inquiry into the overall economic comparability of the agreements.
If the Grantor determines that the Additional Cable Franchise Agreement bestows benefits
and imposes burdens on the third party which, on balance, are materially more advantageous to the
third party than the benefits bestowed and burdens imposed by this Ordinance are to the Grantee, then
upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to
seek to modify this Ordinance to bestow benefits and impose burdens which, on balance, create
overall economic comparability between this Ordinance and the Additional Cable Franchise
Agreement
(E) Nothing in this Ordinance shall be construed to prohibit the Grantor from (i) operating
as a multichannel video progranuning distributor in the Franchise Area, notwithstanding the granting
of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate
as a multichannel video programming distributor.
(F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perform any
public works or public improvements of any description, (ii) be construed as a waiver of any codes
or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing
the System to secure the appropriate pennits or authorizations for such use, or (ill) be construed as
a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or
part of the Rights-of-Way within the Franchise Area are eliminated, discontinued and closed, the
Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action
of the Grantor with respect thereto.
(G) Nothing in this Ordinance authorizes the Grantee to provide noncable services.
Consistent with applicable law, the Grantee may petition the Grantor for the authority to provide
noncable services, and the Grantor may grant such authority on terms and conditions that the Grantor
reasonably detennines are appropriate in the circumstances.
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Section 5 -- Term of Franchise
(A) The Franchise and rights herein granted shall take effect and be in force from and after
the final passage hereof, as required by law and upon the f1ling of an acceptance by Grantee of all the
terms thereof with the Grantor and shall, unless sooner terminated pursuant to this Ordinance or
applicable law, continue in force and effect for a term of ten (10) years after the effective date of this
Franchise.
(B) Subject to Section 626 of the Cable Act (47 U.S.C. ~ 546), the Grantor reserves the
right to grant or deny renewal of the Franchise.
Section 6 -- Compensation and Other Payments
(A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the
Grantor the amounts set forth in this Section 6(A)--
(1) TIle Grantee shall pay to the Grantor franchise fees of five percent (5%) or the
maximwn amount pennitted by the Cable Act if hereafter adopted by resolution of the
Grantor.
(2) All such paytrents of franchise fees shall be made on a quarterly basis and shall
be remitted simultaneously with the submission of the Grantee's quarterly report required
pursuant to Section 6(A)(3).
(3) The Grantee shall submit to the Grantor a report, in such form and containing
such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last
day of each quarter throughout the term of this Ordinance setting forth the Gross Revenue
for the preceding quarter.
(4) No acceptance of any franchise fee paytrent by the Grantor shall be construed
as an accord and satisfaction that the amount paid is in fact the correct amount for a release
of any claim that the Grantor may have for further or additional sums payable under this
ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor.
If, as a result of such audit or any other review, the Grantor determines that the
Grantee has underpaid its fees in any twelve (12) month period by ten percent (10%) or more,
then. in addition to making full paytrent of the relevant obligation, the Grantee shall reimburse
the Grantor for all of the reasonable costs associated with the audit or review, including all
reasonable out-of-pocket costs for attorneys, accountants, and other consultants.
(5) If the Grantee collects from Subscribers any amounts to be paid to leased
access prograI1lI'rers for the provision of Services on the System that would not otherwise be
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included in the defmition of Gross Revenue, the Grantee shall deduct the same percentage
from such amounts as the then-applicable franchise fee percentage pursuant to Section
6(A)( 1) and include such deducted amounts in its payment to the Grantor pursuant to this
Section 6(A) and include such payments in its report pursuant to Section 6(A)(3).
(6) The Grantee shall ensure, through contract or other arrangement, that any
Person other than the Grantee who collects from Subscribers amounts that would constitute
Gross Revenue if received directly by the Grantee (c.g., from a Person who leases a channel
pursuant to Section 612 of the Cable Act) is required to remit to the Grantor quarterly a
percentage of such amounts collected which is equal to the then-applicable franchise fee.
Such contract or arrangement must also require the Person to submit a quarterly report which
treets the requirements of Section 6(A)(3) and must entitle the Grantor to enforce the fee and
reporting requirements directly against the Person.
(B) The parties agree that the compensation and other payments to be made pursuant to
this Section 6 and any other provision of this Ordinance are not a tax and are not in the nature of a
tax and are in addition to any and all taxes of general applicability or other fees or charges (including
any fees or charges which may be imposed on the Grantee for the use of poles, conduits or similar
facilities that may be owned or controlled by the Grantor) which the Grantee or any Affiliated Person
shall be required to pay to the Grantor.
(C) If any pa~nt required by this Ordinance is not actually received by the Grantor on
or before the applicable date fixed in this Ordinance or by the Grantor, the Grantee shall pay interest
thereon, from the due date to the date paid at a rate of one percent (1 %) per month, compounded
monthly, for the period of delinquency.
(D) In the event the Grantee continues to operate all or any part of the System after the
term of the Franchise, then the Grantee shall continue to comply with all applicable provisions of this
Ordinance, including. without limitation, all compensation and other payment provisions of this
Ordinance, throughout the period of such continued operation, provided that any such continued
operation shall in no way be construed as a renewal or other extension of the Franchise.
(E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a
grant in the amount ofFtfty Thousand Dollars ($50,000.00) to be used to reimburse the reasonable
costs incurred by the Grantor for the services and expenses of third parties (including, but not limit
to, attorneys and other consultants) in connection with the award of the Franchise effected by this
Ordinance, or by Grantor for any other lawful purpose. The Grantee shall pay, in a manner
satisfactory to the Grantor, an amount equal to the costs and expenses which the Grantor incurs in
the future for the services of third parties (including, but not limited to, attorneys and other
consultants) in connection with any future renegotiation, transfer, amendment, renewal or other
modification of this Ordinance or the Franchise (where such action is initiated or supported by the
Grantee or an Affiliated Person) at such time and in such manner as the Grantor shall specify.
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Section 7 -- The System
(A) The Grantee shall construct, operate, maintain, and upgrade the System as provided
in this Ordinance.
(B) The Grantee shall build the System on the schedule and as otherwise provided in
Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-nine
(79) activated downstream video Channels, and a minimum upstream capacity of thirty-five (35) Mhz,
an emergency override mechanism, and the other characteristics set forth on Appendix A.
(C) The Grantee shall construct, operate, maintain and upgrade the System such that it
is capable of transmitting and receiving signals to and from any other Cable System in the City of
Clearwater.
(D) The Grantee shall comply with the terms set forth in Appendix B in connection with
all work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System, in addition to any other requirerrents or procedures reasonably specified by the Grantor. All
work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System shall be performed in a safe, thorough and reliable manner using materials of good and
durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of
competent jurisdiction that any part of the System, including, without limitation, any means used to
distribute Signals over or within the System, is hannful to the health or safety of any Person, then the
Grantee shall, at its own cost and expense, promptly correct all such conditions.
(E) Neither the Grantor nor its officers, employees, agents, attorneys, consultants or
independent contractors shall have any liability to the Grantee or any Affiliate Person for any liability
unless such liability arises pecause of the willful misconduct or gross negligence, as a result of or in
connection with the protection, breaking through, movement, removal, alteration, or relocation of
any part of the System by or on behalf of the Grantee or the Grantor in connection with any
errergency, public work, public improverrent, alteration of any municipal structure, any change in the
grade or line of any Street, or the elimination, discontinuation, and closing of any Street, as provided
in this Ordinance.
(F) Performance Bond
(1) To guarantee the timely construction of the System and of any upgrade
undertaken during the term of this Ordinance, to ensure that the operation of the System
continues in an orderly and uninterrupted manner in the event of a default by the Grantee, and
for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and
shall maintain throughout the term of this Ordinance, a performance bond solely for the
protection of the Grantor, with a corporate surety and trust company acceptable to the
Director, as provided in this Section.
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(2) The performance bond shall be in a face amount of One Hundred Thousand
Dollars ($100,000.00).
(3) The performance bond shall indenmify the Grantor, up to the full face amount
of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and
to maintain operation of the System following a termination of this Ordinance up to the date
upon which the face amount of the bond, plus all net revenue actually received through the
continued operation of the System during said period, have been exhausted; (ii) any loss or
damage to any municipal structure during the course of any construction or operation of the
System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result
of the Grantee's failure to perform its obligations pursuant to this Ordinance; (iv) the removal
of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set
forth in this Ordinance; (vi) the payment of premiums for the liability insurance required
pursuant to this Ordinaoce; (vii) the removal of the System from the property of the Grantor
at the termination of this Ordinance, at the election of the Grantor, pursuant to this
Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable
pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any
other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x)
any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's
obligations under this Ordinance.
(4) The performance bond shall be in a form approved by the City Attorney. Such
approval shall not be unreasonably withheld. Such bond shall provide that it may not be
canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days
written notice by registered mail, return receipt requested of intent to cancel or not renew this
bond.
(5) The faithful performance by and the liability of the Grantee pursuant to this
Ordinance shall not be limited by the acceptance of the bond required by this Section 7 (F).
(6) 1broughout the term of this Ordinance, or for as long as the Grantee operates
the System, which ever period is longer, and for at least ninety (90) days thereafter, the
Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2).
Within fifteen (15) business days after receipt of notice from the Grantor that any amount has
been withdrawn from the performance bond, as provided in this Section, the Grantee shall
restore the performance bond to the amount required pursuant to Section 7(F)(2), provided
that said restoration obligation shall be suspended during the period of any judicial challenge
by the Grantee to the propriety of said withdrawal from the performance bond. H a court
determines that said withdrawal by the Grantor was improper, the Grantor shall restore the
improperly withdrawn amount to the performance bond.
(7) The Grantor shall have the right to withdraw amounts from the performance
bond to cure any breaches of obligations for which the performance bond acts a security,
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provided, however, that the Grantor shall not make any withdrawals by reason of any breach
for which the Grantee has not been given written notice and an opportunity to cure pursuant
to Section 15 of this Ordinance, including notice that the Grantor may make a withdrawal
from the performance bond. The withdrawal of amounts from the performance bond shall
constitute a credit against the amount of the applicable liability of the Grantee to the Grantor
but only to the extent of said withdrawal.
Section 8 -- Service Obligations
(A) Grantee shall make service available to any subscriber within the City upon
subscriber's request and at the standard connection charge if the connection requires no more than
a one hundred fIfty (150) foot aerial or underground drop (hereinafter the "Standard Drop"),
measured from the new subscriber's residence or place of business to Grantee's nearest activated
coaxial distribution line, and includes one (1) outlet and standard materials.
(B) ]f making service available requires more than a Standard Drop (such as a wall fish
installation), Grantee may, after so informing the subscriber, charge the subscriber (i) the standard
connection charge and (ii) an amount equal to the reasonable actual labor (including wages, benefIts
and payroll taxes), material and other costs incurred by Grantee for the additional facilities and work
(including a reasonable allowance for overhead); in the alternative, Grantee may charge an
appropriate hourly service charge for the entire installation. Extension to new subdivisions or
developments within the Franchise Area shall be commenced within thirty (30) days after a request
for service and service shall be activated within ninety (90) days, unless the Grantor consents to some
other time period.
(C) In addition to the obligations set forth in Section SeA) and 8(D) above, for requests
of service by commercial, industrial, and non-residential customers requiring more than a Standard
Drop, Grantee shall, within one hundred twenty (120) days following a request for service from any
potentia] commercial, industrial or non-residential customer, estimate the costs per customer of
supplying services to all the potential contiguous customers within an area reasonably defined by
Grantee, including the potential customer requesting service. Grantee shall (i) provide the potential
customer requesting service with a written estimate of the costs of providing that customer with
service, along with an statement that such costs shall only apply if all (or a specified percentage) of
the other potential cormrercial, industrial or non-residential customers in the service area defined by
Grantee also request comparable service, and (ii) offer to provide the potential customer requesting
service as well as all the other potential contiguous customers, with a list of the names and addresses
of all the potential customers in the area defined by Grantee. If the potential customer requesting
service asks Grantee in writing for such a list of names and addresses, Grantee shall, at its cost,
provide the potential customer requesting service and all the other potential customers in the defined
service area with a copy of such written estimate of costs and the names and addresses of all such
potential customers in the defmed service area, thereby enabling the potential customer requesting
service and all the other potential customers in the defined area jointly to agree to obtain service at
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the lowest possible group rates; provided, however, that Grantee shall only be required to provide
such a list of narres and addresses if a commercial service is reasonably available to provide Grantee
with SHch a list Grantee may require that such customer or customers enter contracts which will
reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses
of constructing and operating the line extension, including a reasonable return on investment over the
first five years of operation. Grantee shall provide the City with one (1) copy of the written cost
estimates and any list of names and addresses of potential customers provided to the potential
customer requesting service.
(D) Throughout the. term of the Franchise, the Grantee shall endeavor to offer to all
Subscribers a diversity of video programming services.
(E) The Grantee shall not discriminate or permit discrimination between or among any
Persons in the availability of Services. It shall be the right of all Persons to receive continuously all
available Services insofar as their financial and other obligations to the Grantee are satisfied.
(F) The Grantee shall provide a standard service drop from the subscriber network to one
point determined by the City in each City building, fire station, community center, library,. and other
public facilities, as they develop within the City, and to one point determined by each educational
institution for each public primary, middle, secondary, higher education and technical school located
within the Grantee's service areas, including schools constructed subsequent to the effective date of
this Ordinance, with cable service including the basic service tier containing over-the-air local
broadcast stations and all public, educational and governmental access channels required to be carried
on basic, together with the immediately subsequent tier of programming (if any) containing basic
satellite services (such as CNN, Discovery, ESPN and USA), but excluding any subscriber equipment
and subsequent or higher tier of programming, including a 1a carte services, premium and related
services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event
programming (such as Action, Request or Viewer's Choice). Such cable service shall be provided
without charge and at no rmnthly service charge for the first connection or drop, and with additional
outlets to be provided to any public facilities at the request of the City Manager at the cost of labor
and materials; provided, however, (i) that each such facility be located within 150 feet of Grantee's
existing activated coaxial distribution system; (ii) that wiring provided for facilities beyond 150 feet
of Grantee's activated distribution system be provided at Grantee's cost for the portion beyond 150
feet; (ill) that Grantee is able to secure all necessary rights-of-way upon reasonable terms and
conditions; (iv) that the location of the outlet provided with basic service is reasonably positioned in
relation to the entry point of the drop into the facility; (v) that Grantee not be required to relocate any
existing outlet in any public facility now provided with free basic service; (vi) that Grantee be required
to provide such service to government employees, but not transient members of the public, in police
stations providing overnight occupancy; (vii) that Grantee be required to provide such service to
municipal or public facilities, but not to private for-profit or non-profit hospitals or other
organizations; and (viii) that wiring provided by Grantee for additional outlets, if not installed by the
City or the recipient of such additional outlets, shall be provided by Grantee on the basis of actual
costs for labor and materials, together with a reasonable allowance for overhead not to exceed fifteen
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percent (15%), and Grantee shall provide the recipient of such wiring with a written estimate of such
costs in advance of installation. The public and educational buildings to be served by Grantee under
this Section include, at a minimum. the following buildings:
1.
City of Clearwater Services Complex
100 S. Myrtle Ave.
6.
Pinellas County Utilities Building
14 S. Fort Harrison
2.
City of Clearwater Police Department
200 S. East Ave.
7.
Pinellas County Courthouse
315 Court St.
3.
City of Clearwater Fire Deparunent
610 Pierce St.
8.
Pinellas County
310 Court St.
4.
City Hall
112 Osceola Ave.
9.
Pinellas County
440 Court St.
5.
Harbor View Center
300 Cleveland St
10.
Clearwater Public Library
100 Osceola Ave.
Section 9 -- Public Services
(A) In accordance with Section 611 of the Cable Act (47 V.S.C. ~ 531), the Grantee
agrees to provide Channel capacity to be designated for public, educalional or governmental ("PEG")
use and related equipment and facilities, services and/or financial support for the development and
use of PEG access as provided in Appendix C.
(B) The Grantee shall also provide capital grants and ongoing support payments of the
acquisition, lease or other provision or use of PEG access facilities and equipment as provided in
Appendix C.
Section 10 -- Institutional Network
The Grantee's obligations with respect to the Institutional Network shall be in accordance
with Appendix D.
Section 11 -- Fees and Charges
(A) General requirements--
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( 1) The Grantee shall comply at all tUres with the provisions of the Cable Act and
FCC rules and regulations applicable to rates and charges for any Service and the associated
terms and conditions for the provision of any Service.
(2) During the term of this Ordinance, the Grantee shall maintain with the Grantor
a complete listing of fees, charges, deposits and associated terms and conditions for all
Services.
(3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and
associated terms and conditions for any Service provided pursuant to this Ordinance to the
fullest extent permitted by applicable law.
(B) In addition to the requirements set forth in Section 7.1 of Appendix E to this
Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge,
deposit, term or condition (or such shorter period as may upon a showing of good cause be approved
by the Responsible Franchising Official), the Grantee shall (i) submit a revised listing of fees, charges,
deposits and associated tenns and conditions to the Responsible Franchising Official and (ii) provide
written notice of the proposed change to each affected Subscriber.
(C) The Grantee shall not discriminate or permit discrimination between or among any
Persons in the rates, tenns and conditions for any Service, except as set forth below. The foregoing
requirements shall not prevent the use of: (i) different charges for residential Subscribers than for
nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and
other short-term discounts or reduced charges; (iii) reasonable discounts or reduced charges to senior
citizens or other economically disadvantaged groups; or (iv) bulk rate arrangements.
Section 12 -- Customer Service;
Subscriber Bills; and Privacy Protection
(A) The Grantee agrees to comply in all respects with the requirements of the customer
service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all
rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 U.S.C.
~ 552).
(B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC
rules and regulations applicable to Subscriber bills, including, but not limited to, the format and
itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading.
(C) The Grantee shall comply at all times with the Subscriber privacy provisions of the
Cable Act or other applicable law. The Grantee shall cooperate with the Grantor so as to ensure the
Grantor's ability to enforce the terms and conditions of this Ordinance by providing, upon the request
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of the Responsible Franchising Official, such Subscriber information as may be reasonably requested
by the Responsible Franchising Official
(D) The grantee shall comply at all times with FCC rules and regulations applicable to
Subscriber equipment and equipment compatibility.
Section 13 -- Oversight and Regulation
(A) The Grantor shall have the right to oversee, regulate, and periodically inspect the
construction, operation, maintenance and upgrade of the System, and all parts thereof, in accordance
with the provisions of this Ordinance and applicable law, including the Grantor's police power.
(B) When reasonably necessary to the administration or enforcement of the Ordinance,
and at the request of the Grantor, the Grantee shall promptly submit to the Grantor such information
as the Grantor may request regarding the Grantee, its financial statements or other financial
information, its compliance with any term or condition of this Ordinance, with respect to the System
or its operation, any Service distributed over the System, or any activity or function associated with
the production or distribution of any Service over the System.
(C) Throughout the term of the Agreement, the Grantee shall maintain in the Franchise
Area, or make available in the Franchise Area within fifteen (15) business days, complete and accurate
books of account and records regarding the Grantee's ownership and operation of the System and
the provision of Services over the System, including without limitation, books of account and records
adequate to enable the Grantee to demonstrate that it is, and throughout the term of this Ordinance
has bee, in compliance with this Ordinance. All such documents pertaining to fmancial matters which
may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of three
(3) years following termination of this Ordinance.
(D) The Grantor's rights of inspection and audit shall inc1ude--
(1) Upon notice to the Grantee, the Grantor or its designated representatives, shall
have the right to examine, when reasonably necessary to the administration or enforcement
of the Ordinance in the Franchise Area, all books and records pertaining to the Grantee's or
any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated
Person's provision of Services over the System. Further, during normal business hours and
upon notice to the Grantee, the Grantor or its designated representatives may inspect and
examine any other aspect of the System, including facilities and equipment thereof.
(2) Access by the Grantor to any of the documents, records or other information
covered by this Section 13(D) shall not be denied by the Grantee on grounds that such
documents, records or information are alleged by the Grantee to contain proprietary
information, provided that this requirement shall not be deemed to constitute a waiver of the
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Grantee's right to assert that the proprietary information L"Ontained in such documents,
records or other information, should not be disclosed and to withhold such information upon
the agreement of the Grantor. If the Responsible Franchising Official concurs with the
Grantee's assertion regarding the proprietary nature of such information, the Grantor will not
disclose such information to any Person, unless required by applicable law or order of
governmental authority. If the Responsible Franchising Official does not concur with such
assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies
within the Grantor in accordance with applicable laws and procedures. If the Grantor does
not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee
shall promptly provide such documents, including the alleged proprietary portion thereof, to
the Grantor, provided that the Grantee shall not be required to provide the proprietary portion
thereof during the pendency of any court challenge to such provision.
(3) The Grantor may conduct a full compliance audit and hold public hearings at
any time during the term of the Franchise, provided it gives the Grantee written notice ten
(10) days in advance of the commencement of such audits and associated hearings.
Section 14 -- Restrictions Against
Assignments and Other Transfers
(A) The Grantee may not transfer the Franchise or any of the Grantee's rights or
obligations in or regarding the System or the Franchise to any person or entity not wholly owned by
GTE Corporation, either directly or through a wholly-owned subsidiary, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(B) No change in Control of the Grantee, the System or the Franchise to any person or
entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary,
shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of
the Grantee, the System or the Franchise, by operation of law, or otherwise, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(C) Any request for approval shall be handled by the Grantor in accordance with its
customary rules and procedures. In connection with any request for approval, the Grantee shall
submit to the Grantor such information as the Grantor may reasonably request
Section 15 -- Specific Rights and Remedies
(A) The Grantee agrees that the Grantor shall have the specific rights and remedies set
forth in this Section 15. These rights and remedies are in addition to any and all other rights or
rerredies, now or hereafter available to the Grant<?r to enforce the provisions of this Ordinance, and
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will not be deemed waived by the exercise of any other right or remedy. The exercise of any such
right or remedy by the Grantor shall not release the Grantee from its obligations or any liability under
tills ordinance, except as expressly provided for in this Ordinance or as necessary to avoid duplicative
recovery from or payments by the Grantee.
(B) Events of default --
(1) The Grantee agrees that an Event of Default shall include. but shall not be
limited to, any of the following acts or failures to act by the Grantee:
(a) Any substantial failure to comply with any material provision of this
Ordinance that is not cured within thirty (30) days after notice pursuant to this
Section 15;
(b) The occurrence of any event which may reasonably lead to the
foreclosure or other similar judicial or nonjudicial sale of all or any material part of the
System;
(c) The condemnation by a public authority other than the Grantor, or sale
or dedication under threat or in lieu of condemnation, of all or any part of the System,
the effect of which would materially frustrate or impede the ability of the Grantee to
carry out its obligations and the purposes of this Ordinance;
(d) In the event that the Grantee shall suspend or discontinue its business,
shall make an assignment for the benefit of creditors, shall fail to pay its debts
generally as they become due, shall become insolvent (howsoever such insolvency
may be evidenced), shall be adjudicated insolvent, shall petition or apply to any
tribunal for, or consent to, the appointment of, or taking possession by, a receiver,
custodian, liquidator or trustee or similar official pursuant to state or local laws;
(e) A persistent failure by the Grantee to comply with any of the
provisions, tenns or conditions of this Ordinance or with any rules, regulations, orders
or other directives of the Grantor after having received notice of a failure to comply.
(2) Upon the occurrence of an Event of Defaul~ then, in accordance with the
procedures provided in Section 15(B)(3), the Grantor may, at any time during the term of this
Ordinance:
(a)
and/or
Draw upon the Performance Bond, as permitted by this Ordinance;
(b) Require the Grantee to take such actions as the Grantor deems
appropriate in the circumstances; and/or
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(c) Seek money damages from the Grantee as compensation for such
Event of Default; and/or
(d) Seek to obtain the appointlrent of a court-appointed trustee or similar
Person to take any actions which the Grantor deems appropriate in the circumstances;
and/or
(e) Revoke the Franchise by termination of this Ordinance pursuant to this
Section 15; and/or
(f) Exercise any other remedies that may be available under applicable
law.
(3) The Grantor shall exercise the rights provided ill Section 15(B)(2) ill
accordance with the procedures set forth below:
(a) The Responsible Franchising Official shall notify the Grantee, in
writing, of an alleged Event of Default, which notice shall specify the alleged Event
of Default with reasonable particularity. The Grantee shall, within thirty (30) days
after receipt of such notice or such longer period of time as the Responsible
Franchising Official may specify in such notice, either cure such alleged Event of
Default or, in a written response to the Responsible Franchising Official, either
present facts and arguments in refutation or excuse of such alleged Event of Default
or state that such alleged Event of Default will be cured and set forth the method and
time schedule for accomplishing such cure.
(b) The Responsible Franchising Official shall determine (A) whether an
Event of Default has occurred; (B) whether such Event of Default is excusable; and
(C) whether such Event of Default has been cured or will be cured by the Grantee.
(c) If the Responsible Franchising Official determines that an Event of
Default has occurred and that such Event of Default is not excusable and has not been
or will not be cured by the Grantee in a manner and in accordance with a schedule
reasonably satisfactory to the Responsible Franchising Official, then the Responsible
Franchising Official shall prepare a written report which may recommend the action
to be taken by the Grantor's governing body. The Grantor shall provide notice and
a copy of such report to the Grantee. In the event that the Grantor's governing body
determines that such Event of Default has not occurred, or that such Event of Default
either has been or will be cured in a manner and in accordance with a schedule
reasonably satisfactory to the Grantor's governing body, or that such Event of Default
is excusable, such determination shall conclude the investigation.
(d)
If the Grantor's governing body determines that such Event of Default
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has occurred, and that such Event of Default has not been and will not be cured in a
manner and in accordance with a schedule reasonably satisfactory to the Grantor's
governing body, and that such Event of Default is not excusable, then the Grantor
may take any of the actions provided in Section 15(B)(2).
(C) In the event of any termination of this Ordinance, whether by expiration (where the
Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may
(i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of
this Ordinance and such additional terms and conditions as are equitable to the Grantor and the
Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction
and operational activities in a prompt and workmanlike manner.
(0) In addition to its rights under Section 15(C), upon any termination, the Grantor may
issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or
any portion of the System from all Rights-of-Way and other public or nonpublic property within the
Franchise Area, subject to the following:
(1) in removing the System, or any part thereof, the Grantee shall, at its own
expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and
other property, including utility cables, wires and attachments, in as good condition as that
prevailing prior to the Grantee's removal of the System;
(2) the liability insuraoce and indemnity provisions of this Ordinance shall remain
in full force and effect during the period in which the System is being removed and the
associated repairs to the Rights-of-Way and other property are being made; and
(3) if in the reasonable judgrrent of the Grantor, the Grantee fails to substantially
complete removal, including repair of the Rights-of-Way and other property within twelve
(12) rrxmths ofthe Grantor's issuance of a removal order, the Grantor shall have the right to:
(A) authorize removal of the System, at the Grantee's cost, by another Person; and
(B) declare that all rights, title and interest to the System belong to the Grantor, including any
portion of the System not designated for removal, without compensation to the Grantee. The
Grantee shall execute and deliver such documents as the Grantor may request, to evidence
such ownership by the Grantor.
Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated
by the Grantor for removal during such twelve (12) month period, provided, however, that if the
Grantee fails to complete the removal of the portion(s) of the System designated for removal by the
Grantor within such period, then all such portion(s) of the System not disposed of and all amounts
collected for any portion(s) of the System disposed of by the Grantee during such period shall belong
to the Grantor, with no price due to the Grantee.
(4)
Upon any tennination and as an alternative to ordering removal of the System,
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the Grantor may acquire or effect a transfer to a third party of all or any part of the System
and all components thereof necessary to maintain and operate the System pursuant to the
terms of this Ordinance.
(5) The price to be paid to the Grantee upon an acquisition or transfer by the
Grantor shall depend upon the nature of the termination as follows:
(a) if the Franchise expires without the Grantee seeking removal or if the
renewal is uenied, then the price shall be the fair market value of the System valued
as a going concern with a deduction for the value allocable to the Franchise itself; and
(b) if the tennination is due to a revocation of the Franchise for cause,
such as the occurrence ofan Event of Default as provided in Section 15(B), the price
shall be an equitable price. considering the injury to the Grantor and the residents of
the City of Clearwater and with no value allocable to the Franchise itself.
(E) In the event of any acquisitio~ transfer or Abandonment pursuant to Section 15(D),
the Grantee shall:
(1) cooperate with the Grantor or third party in maintaining continuity in the
distribution of Services to Subscribers over the System;
(2) promptly execute all appropriate docUIrents to transfer to the Grantor Or third
party title to the System, all components necessary to operate and maintain the System, and
any rights, contracts, permits or understandings necessary to operate or maintain the System
including those necessary to the distribution of Services over the System. All items
transferred shall be transferred free of any liabilities, except for the interests in collateral of
lending institutions which are secured creditors or mortgagees of the Grantee with respect to
the transferred collateral at the time of transfer. With respect to such creditors, the Grantor
shall only be obligated to repay any outstanding amounts to the extent of the net operating
revenues received by the Grantor from its operation of the System; and
(3) promptly supply the Grantor or third person with all records necessary to
reflect the change in ownership and to operate and maintain the System
(F) Notwithstanding any provisions to the contrary in this Section 15, Grantee may
terminate the Franchise and all of its obligations under this Ordinance and transfer all of its rights in
or to the System to its affiliated telecommmications company, GTE Aorida Incorporated ("GTEFL")
under the following circumstances:
(1) At any time following sixty (60) days' prior written notice to the City (or such
shorter prior written notice as may be required under an applicable FCC or federal court
order) if, pursuant to an applicable final order by the FCC or a federal court, Grantee
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determines in the exercise of its good faith legal judgment that it is prohibited by federal or
state law from acting as a cable operator within the City or otherwise complying with the
material terms of this Franchise Agreement
(2) At any time following sixty (60) days prior written notice to the City, if
Grantee determines in the good faith exercise of its business judgment that developments in
applicable law or technology indicate that video consumers in the City can be better served
by Grantee and/or its affiliate, GTEFL, through a mode of operation inconsistent with or not
within the scope of this Franchise.
(3) Within ninety (90) days after the end of five (5) years from the effective date
of this Ordinance, if at the end of such five (5) year period, Grantee does not then have
subscribers on its cable system served by its headend facilities in the City equal to at least ten
percent (10%) of the total homes passed and capable of receiving service from such cable
system Notice to terminate under this provision shall be given to the City in writing, with
such termination to take effect no sooner than one hundred and twenty (120) days after giving
such notice. Grantee shall also be required to give its then current subscribers not less than
ninety (90) days prior written notice of its intent to cease operations.
(G) In the event that Grantee terminates this Franchise and assigns or transfers its rights in
the System to GTEFL pursuant to this Section 15(F), then GTEFL shall be entitled to utilize the
System for all lawful purposes related to GTEFL's telecommunications business, in accordance with
GTEFL's existing grant of authority from Grantor pursuant to Ordinance No. 5757-95, as it may
hereafter be renewed or amended. After such a transfer, GTEFL's use of the System as a cable
system or an open video system, pursuant to sections 651 and 653 of the Telecommunications Act
of 1996, shall be subject to and conditioned upon the following:
(1) GTEFL negotiating in good faith the terms and conditions pursuant to which
GTEFL will be authorized to provide such service and such terms and conditions shall be, to
the extent authorized under applicable law and in compliance with any applicable common
carrier requirements, substantiaIly similar to the provisions contained in this Ordinance, to the
extent that such provisions are consistent with the permissible operating business parameters
of the mode of GTEFL's operation.
(2) Grantee, to the extent Grantee becomes a video program provider utilizing
GTEFL's System, and to the extent authorized under applicable law and in compliance with
any applicable common carrier requirements, negotiating in good faith an agreement with the
City, containing provisions substantially similar to the provisions contained in this Ordinance,
to the extent that such provisions are consistent with the permissible operating business
parameters of the new mode of Grantee's operation.
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Section 16 -- Liability and Insurance
(A) Prior to commencerrent of construction, but in no event later than sixty (60) days after
the effective date of the Franchise and thereafter continuously throughout the duration of the
Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates
of insurance, approved by tlle City, for all types of insurance required under this Section. Failure to
furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance.
(B) Neither the provisions of this Section or any damages recovered by the City hereunder,
shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for
damages.
(C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall
contain the following, or a comparable, endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled by
the insurance company nor the intention not to renew he stated by the insurance
company until thirty (30) days after receipt by the City Manager, by certified mail, of
a written notice of such intention to cancel or not to renew.
(D) The franchise agreement and all contractual liability insurance policies maintained
pursuant to this Ordinance of the franchise shall include the following provisions:
The Franchisee/Grantee/lnsured agrees to indemnify, save hannless and defend the
City of Clearwater, its officials, agents, servants, and employees, and each of them
against and hold it and them ~armless from any and all lawsuits, claims, demands,
liabilities, losses and expenses, including court costs and reasonable attorney's fees for
or on account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be alleged
to have arisen, whether in whole or in part, out of or in connection with the actions
or omissions of the grantee.
(E) All insurance policies provided under the provisions of this Ordinance or the Franchise
shall be written by companies authorized to do business in the State of Florida. and approved by the
State Department of Insurance.
(F) The City shall be rnu~ as an additional narred insured on all general liability policies
issued to the Grantee.
(G) To offset the effects of inflation and to reflect changing liability limits, all of the
coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase
at the end of every three (3) year period of the Franchise, applicable to the next three year period,
upon the detennination of the City: provided at no time shall the grantee be required to provide
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insurance in arrounts of coverage which exceed that commonly provided throughout the Tampa Bay
area by cable operators.
(H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any
Franchise granted hereunder specifically agree that it will maintain throughout the term of the
Franchise, general liability insurance insuring the Grantee in tlle minimum of:
(1) $500,000 for property damage per occurrence;
(2) $500,000 for property damage aggregate;
(3) $1,000,000 for personal bodily injury or death to anyone person; and
(4) $3,000,000 bodily injury or death aggregate per single accident or occurrence.
(I) Such general liability must include coverage for all of the following: comprehensive
form, premises-operations, explosion and collapse hazard, underground hazard, products/completed
operations hazard, contractual insurance, broad form property damage, and personal injury.
(J) Automobile Liability Insurance. The Grantee shall maintain, and by its acceptance of
any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the
Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum
amount of:
(1) $1,000,000 for bodily injury and consequent death per occurrence;
(2) $1,000,000 for bodily injury and consequent death to anyone person;
(3) $500,000 for property damage per occurrence.
(K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall
maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will
maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid
in the State, in the minimum amount of:
(1)
Statutory limit for Worker's Compensation.
(2)
$500,000 for employer's llability.
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Section 17 -- Subsequent Action
(A) The Grantor and the Grantee hereby respectively waive any and all rights, other than
constitutional rights, at any time or in any manner or proceeding, to challenge this Ordinance or the
validity of any term or provision of this Ordinance; provided, however, that the Grantor or the
Grantee may challenge any provision of this Ordinance based on a change in law, should the law
pertaining to that particular provision change subsequent to the execution of this Ordinance. The
Grantee agrees that it will not challenge the Grantor's authority to enter into this Ordinance as of the
effecti ve date hereof.
(B) In the event that, after the Effective Date, any court, agency. commission, legislative
body, or other authority of competent jurisdiction: (A) declares this Ordinance invalid, in whole or
in part, or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any
provision of this Ordinance or (b) cease performing any act required by any provision of this
Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this
Ordinance, so as to enable the Grantee to perform obligations and provide Services for the benefit
of the Grantor and others equivalent to those immediately prior to such declaration or requirement,
to the maxirnwn extent consistent with said declaration or requirement. In connection with such
negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that
time are such that the Grantee should continue to perform such obligations or their equivalent.
(C) To the extent that any statute, rule. regulation, ordinance or any other law is enacted,
adopted, repealed, amended, modified, changed or interpreted in any way during the term of this
Ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the
community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this
Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption,
repeal, amendment, modification, change or interpretation.
Section 18 -- Miscellaneous
(A) Controlling Authorities. This Ordinance is made with the understanding that its
provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local
laws, ordinances, and regulations.
(B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions
thereof and exhibits thereto, are, except as otherwise specified in such Appendices, incorporated
herein by reference and expressly made a part of this Ordinance.
(C) Enforceability of Agreement: No Opposition. By execution of this Ordinance, the
Grantee acknowledges the validity of the terms and conditions of this Ordinance under applicable law
in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any
forum that this Ordinance, the Franchise, or the processes and procedures pursuant to which this
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Ordinance was entered into and the Franchise was granted are not consistent with the applicable law
in existence on the Effective Date.
(D) Notices. All notices shall be in writing and shall be sufficiently given and served upon
the other party by first class mail, registered or certified, return receipt requested, postage prepaid,
and addressed as follows:
TIlE GRANTOR:
City of Oearwater
P.O. Box 4748
112 S. OsCeola Avenue
Clearwater, FL 34618-4748
Attn: City Manager
With a copy to:
City of Clearwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Attn: City Attorney
TIlE GRANTEE:
GTE Media Ventures Incorporated
600 Hidden Ridge HQE04G06
P.O. Box 152092
Irving, TX 75015-2092
Attn: President
With a copy to:
GTE Telephone Operations
600 Hidden Ridge HQE04H07
P.O. Box 152092
Irving, TX 75015-2092
Attn: Vice President, General Counsel
(E) Police Powers. In accepting this Franchise, the Grantee acknowledges that its rights
hereunder are subject to the police powers of the Grantor to adopt and enforce general ordinances
necessary to the safety and welfare of the public; and it agrees to comply with all applicable general
laws and ordinances enacted by the Grantor pursuant to such power.
Any conflict between the provisions of this Franchise and any other present or future lawful
exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such
exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's
System or Cable Communications Systems which contain provisions inconsistent with this Franchise
shall prevail only if upon such exercise, the Grantor fmds an emergency exists constituting a danger
to health, safety, property or general welfare or such exercise is mandated by Jaw.
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(F) Binding Effect. This Ordinance shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted transferees and assigns. All of the
provisions of this Ordinance apply to the Grantee, its successors. and assigns.
(G) No Waiver: Cumulative Remedies. No failure on the part of the Grantor to exercise,
and no delay in exercising, any right or retredy hereunJer including. without limitation, the rights and
remedies set forth in Section 15 of this Ordinance, shall operate as a waiver thereof, nor shall any
single or partial exercise of any such right or remedy preclude any other right or remedy, all subject
to the conditions and limitations established in this Ordinance. The rights and remedies provided
herein including, without limitation, the rights and remedies set fonh in Section 15 of this Ordinance,
are cumulative and not exclusive of any remedies provided by law, and nothing contained in this
Ordinance shall impair any of the rights or remedies of the Grantor under applicable law, subject in
each case to the terms and conditions of this Ordinance.
(H) Severability. If any section, subsectio~ sentence, clause, phrase, or other portion of
this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or other authority of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity
of the remaining portions hereof, which other portions shall continue in full force and effect
(I) No Agency. The Grantee shall conduct the work to be perfonned pursuant to this
Ordinance as an independent contractor and not as an agent of the Grantor.
(J) Governing Law. lbis Ordinance shall be deemed to be executed in the City of
Clearwater, Florida, and shall be governed in all respects, including validity, interpretation and effect,
and construed in accordance with, the laws of the State of Horida, as applicable to contracts entered
into and to be performed entirely within that State.
(K) Survival All representations and warranties contained in this Ordinance shall survive
the term of the Agreement.
(L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and
redelegate, from time to time, any of its rights or obligations under this Ordinance to any body,
organization or official. Upon any such delegation or redelegation, references to "Grantor" in this
Ordinance shall refer to the body, organization or official to whom such delegation or redelegation
has been made. Any such delegation by the Grantof shall be effective upon written notice by the
Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee
shall be bound by all tenns and conditions of the delegation not in conflict with this Ordinance. Any
such delegation, revocation or redelegation, no matter how often made, shall not be deemed an
amendment to this Ordinance Of require any consent of the Grantee.
(M) Claims Under Agreement The Grantor and the Grantee, agree that, except to the
extent inconsiStent with Section 635 of the Cable Act (47 U.S.C. ~ 555), any and all claims asserted
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by or against the Grantor arising under this Ordinance or related thereto shall be heard and
determined either in a court of the United States located in Tampa, Florida ("Federal Court") or in
a court of the State of Florida located in the City ("Florida State Court"). To effectuate this
Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee
in Federal Court or in Florida State Court, service of process may be made on the Grantee either in
person, wherever such Company may be found, or by registered mail addressed to the Grantee at its
office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee
may provide to the Grantor in writing.
(N) Modification. Except as otherwise provided in this Ordinance, any Appendix to this
Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance,
shall be atrended or otherwise rrodified, in whole or in part, except by an instrument, in writing, duly
executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the
Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by
applicable law.
(0) Delays and Failures Beyond Control of Grantee. Notwithstanding any other provision
of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform,
in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war
(whether an actual declaration of was is made or not), insurrection, riot, act of public enemy, accident
fIre, flood or other act of God, technical failure, sabotage or other events, where the Grantee has
exercised all due care in the prevention thereof, to the extent that such causes or other events are
beyond the control of the Grantee and such causes or events are without the fault or negligence of
the Grantee. In the event that any such delay in performance or failure to perform affects only part
of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to
do so and shall take all steps within its power to correct such cause(s). The Grantee agrees that in
correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as
possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by
this Section within five (5) business days of the date upon which the Grantee learns of its occurrence.
Section 19 -- Acceptance
Grantee shall signify its acceptance of the Franchise terms in writing prior to the City
Cormnission's approval of this Ordinance by filing such written acceptance with the City Clerk.
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Section 20 -- Effective Date
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 16, 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED
June 20, 1996
ATIEST
ia E. Go.e,deau, City Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
_UtJt
Pamela K. Akin, City Attorney
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APPENDIX A
THE SYSTEM
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APPENDIX A
THE SYSTEM
1. SYSTEM AND CAPACITY
a. System Design. The cable system shall be built to a 750 MHZ design
with no more than five hundred (500) homes passed and 6 homerun fibers from the
headend or hub to each node. The plant hardware shall be 1 GHz passives, 1 GHz
taps (1 GHz active platforms), 750 MHz amplifiers and other actives, and 60 volt
powering. The system shall be capable of 79 analog channels (50 to 550 MHz), with
200 MHz being reserved for future use including, but not limited to, digital transmission
(550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The
system shall use all new fiber optics, coaxial cable and electronic and passive devices.
Notwithstanding the above, Grantee may lease fiber from a third party to integrate into
the cable system whenever technically feasible. The system shall be designed so that
ninety-five percent (95%) of the time there are no more than two (2) line extenders in
cascades and no more than three (3) system amplifiers in cascade. All aerial system
amplifiers shall incorporate pilot controlled AGC level control.
The system shall be designed and constructed in accordance with the standards
listed below, and the fiber cable shall have not more than 7.4 dB of loss between the
distribution CO and the fiber terminal. The following design specifications shall be
adhered to. The system shall be operated in accordance with performance standards
which meet FCC regulations and specifications. After the system is constructed in
compliance with this section and the design standards below. The Grantee's
compliance with the performance standards of the FCC shall constitute compliance with
the ongoing technical standards required by this Agreement.
System Design - Minimum
CIN 47 dB
XMOD 53 dB
CTB 53 dB
CSO 53 dB
HUM 3%
b. Construction Oversight. Grantee shall oversee the construction. The
oversight shall be headed by a Construction Manager with field engineers and field
planning/quality control persons dedicated to the construction project. One hundred
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percent (100%) of the system shall be visually inspected to insure compliance and ten
percent (10%) of all work shall be tested by the system operator and system
technicians. If during testing or inspection, the Grantee finds the quality of work to be
substandard, the Grantee shall use its best efforts to take the necessary corrective
action in a timely manner. Grantee shall contact in person or by telephone ten percent
(10%) of the subscribers to assess the quality of the work performed and any
construction problems. The general contractor building the system shall supervise any
components of the system construction undertaken by independent contractors.
c. Compliance with Applicable Law. In construction, operating and
maintaining the system, Grantee shall at all times comply with this Agreement and all
applicable laws and regulations.
d. Subscriber Drops. All subscriber drops in the City shall meet the
standards of the National Electric Code or the design specifications in A above. Each
drop shall be tested by inserting a test signal at the upper end of the frequency
spectrum (550 MHZ). The system shall be designed to allow each subscriber drop to
provide service to two (2) television outlets.
e. Equipment Quality. Equipment used for the distribution system, headend
and reception facilities shall be of good and durable quality and be serviced and
repaired on a regular basis and shall at all times be of equal or better quality than the
following equipment.
Pair & Size
Fiber Optics:
AT&T - 4 DSX (armored) - BXD
- 4 DNX - BOX
- 4 GSX (armored) - BXD
- 4 GNX - BXD
Cable: Aerial: Com scope QR540 (feeder to the home), QRB60
(express)
Underground: Com scope QR540 and QRB60
Drop: Com scope RG6 & RG 11
Trunk Amplifiers: General Instruments, 4 Hybrid Output,
Powering Doubling, 750 MHZ
Line Extenders: General Instruments - AGe (Automatic Gain Control)
Capable LX
Power Supplies: Power Guard Standby Battery Supplies,
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6 amp 12 amp 15 amp
Splitters: General Instrument - SSP-K
Subscriber Taps: General Instrument FFT-K
Connectors:
Gilbert
- GRS-540
- GRS-860
Pedestals:
Channel SPH Series
Converters or Other Subscriber Equipment: General Instrument
CFT2200, DCT1000
Satellite Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise
Block Converters
General Instrument Receivers Video Cipher II +
DSR1500lRD
f. Converters. Grantee shall provide the converters specified in this
Agreement to subscribers utilizing converters upon subscription to the system. Grantee
shall not scramble the basic tier.
g. Emergency Alert. Grantee shall provide an all-channel audio-only
emergency alert system for use by the City. The emergency alert system shall be
tested at least twice each year. The Grantee shall provide an automatic tome that shall
commence emergency broadcast. Emergency messages shall be able to be initiated
from any touch-tone phone with an access code. The emergency alert service shall be
upgraded throughout the Franchise term as set forth in FCC rules, regulations, or
guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term
of this agreement the capacity for the City to access the emergency alert system and
shall not claim the City's rights hereunder have been preempted by federal or state law.
After July 1, 1997, the cable system shall use a common EAS protocol, as defined in
Section 11.31 in the Code of Federal Regulations, to send and receive emergency
alerts in accordance with the following:
Two tone signal from storage device Required, 8 to 25 seconds in
duration
Digital encoder and decoder Required
The digital encoder and decoder shall provide:
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(1) a video message on all channels or other alerting techniques to the
hearing impaired and deaf subscribers,
(2) an audio message and video interruption on all channels,
(3) a video message on at least one channel to all subscribers
h. Ongoing Preventive Maintenance. System signal levels for the individual
channels at the headend shall be monitored and adjusted on a daily or every other day
basis. The performance of the cable system at the ends of the cascades shall be
monitored on a weekly basis for each node and monthly for every end of line cascade.
System frequency response shall be adjusted to meet peak performance on a twice a
year cycle.
Standby power supplies shall be monitored for proper voltage and battery
capacity on a quarterly year basis. Failure of the batteries to supply current for a
predetermined amount of time shall dictate replacement of the batteries.
The antennae and satellite dishes shall be maintained by having their alignment
checked and realigned at least on a yearly basis or after any severe storm activity at
the location of the antennae or dishes.
Headend components such as processors and modulators shall have their
frequency response checked and adjusted twice a year.
Optical transmitters, receivers and optical path loss shall be monitored on at
least a twice a year basis. Parameters found to be out of tolerance shall be adjusted.
FCC mandated signal leakage and system proof-of-performance tests shall be in
accord with Part 76 of the federal Code of Regulation.
i. Interference on Channels 3 and 8. Grantee shall use its best efforts to
minimize interference on Channels 3 and 8. During the term of the Franchise, Grantee
shall provide notice to consumers, on how interference problems experienced by
customers on specific channels can be alleviated, through TV advertisements and
billing messages mailed to subscribers.
j. Satellite Earth Station. The system configuration shall include earth
stations which shall ensure the ability to receive signals from operational
communications satellites that predominate,ly carry programming services available to
cable systems throughout the life of the Franchise.
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k. Standby Power. Grantee shall provide a twenty-four (24) hour power-
generating capacity at the headend. Grantee shall maintain standby power system
supplies, rated for at least two (2.0) hours duration at all optical node locations in the
distribution network.
I. Parental Control. Grantee shall provide to subscribers, upon request,
parental control devices that allow any channel or channels to be locked out. Upon
request, Grantee shall, at no cost to the subscriber, provide devices that shall block out
the audio and video of any channels carrying predominately adult programming.
m. Performance Testing. Grantee shall perform all system tests and
maintenance procedures as required by and in accordance with: the FCC; this
Agreement; Grantee1s standards of good operating practice, and the National Cable
Television Association1s test procedure guidelines.
n. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with this
Agreement, National Electric Code, OSHA Rules and Regulations, GTE .Practices.
manual of construction practices, where applicable to cable system construction, and
FCC rules and regulations. Any FCC technical standards or guidelines related to the
cable communications system and facilities shall be deemed to be regulations under
this Agreement.
o. Employee Identification. Grantee shall provide a standard identification
document to all employees, including employees of subcontractors, who shall be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Grantee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating
under the authority of Grantee.
p. Stereo. The system shall have the capability and shall provide Broadcast
Television Systems Committee (BTSC) stereo signals on all satellite, broadcast and
local services that transmit them.
q. State of the Art. Throughout the term of the Franchise, Grantee shall
construct, operate, maintain, and upgrade the cable system in order to ensure that it
contin uously conforms to the State of the Art.
r. Upstream Signals. To the extent that Grantee chooses to design its
cable system for two-way capability, Grantee agrees to use all reasonable efforts to
design such two-way capability so as to permit the future implementation of upstream
signal carriage without requiring modifications to its design. Grantee shall be required
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to offer two-way services for subscribers only following satisfaction of each of the
following conditions: (i) the offering of such two-way services is permissible under
applicable federal and state laws, ordinances, rules and regulations, (ii) the Grantee
has secured all certificates, licenses, authorizations and approvals from federal and
state agencies necessary for the offering of such services, provided, however, that the
Grantee shall seek to obtain such approvals in a diligent and timely manner, (iii) cable
subscribers and/or potential cable subscribers have a demonstrable interest in
subscribing to such two-way services, together with a demonstrable willingness to pay
a reasonable rate for such services, in each case as evidenced by at least one
statistically significant survey, provided, however, that upon the reasonable written
request of the City it shall be the Grantee's burden to demonstrate to the City's
reasonable satisfaction that such subscriber interest is insufficient and (iv) the
investment necessary to implement such two-way capability, together with a reasonable
rate of return, can be reasonably expected to be recovered from the incremental
revenue anticipated from the provision of such services over a period of time which is
reasonable and customary in the cable television industry for such investments, and
such investment shall not be recovered from subscribers to other or non-two way
services.
2. CONSTRUCTION
a. System Design Review. The City shall have the authority to review the
technical design plans of the system to ensure that the system design meets the
requirements of this Agreement, as well as applicable portions of the City Code
governing construction within public rights-of-way. Grantee's engineer shall review the
design with City designated persons. The following design information shall be
reviewed with City designated persons: engineering design maps; key for design
maps; system level design information (e.g., block diagram of headend, satellite or off-
air studies, power supply map); and test plan for the existing coaxial cable to be used in
the system.
b. Construction Manual. Grantee shall construct the system in accordance
with Grantee's construction manual which shall be maintained by the City Clerk.
.1
c. Underground Construction. Grantee shall participate in and use Florida
One Call and ensure that cable is buried at a depth specified by City regulations.
Temporary drops shall be buried within one month of installation, weather permitting.
Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed
underground. Grantee in accordance with such plan shall at its expense, remove,
relay, and relocate its equipment, provided, however, that other utilities are similarly
required to do such work at their own cost and expense.
d. Consumer Compatibility. Grantee shall comply with FCC consumer
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compatibility rules and guidelines and shall use its best efforts to provide subscriber
friendly technology. When High Definition Television (HDTV), is available, economically
feasible, and requested by our system subscribers, Grantee shall provide it. Grantee
shall update the City of Clearwater as to the advances in and availability of new
technology services such as HDTV, digital television, and digital compression.
Grantee shall provide the basic tier in unencoded and unscrambled form.
Subscribers shall not be required to use a set-top box, home terminal unit, cable box or
similar device to receive any basic cable service.
e. Construction Timetable. The construction shall be completed within
three (3) years of the franchise award. Grantee shall keep the Grantor informed of the
Company's construction schedule, as necessary, to ensure public safety and/or comply
with Grantor's rules and regulations.
f. Right of Inspections. The Grantor shall have the right to inspect any
construction and installation work performed subject to the provisions of this
Agreement, and shall make such tests as it shall find necessary to ensure compliance
with the terms of this Agreement and other pertinent provisions of the law over which
the Grantor has jurisdiction.
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
General Requirement. The Grantee agrees to comply with each of the terms set
forth in this Appendix B and in Appendix A to this Ordinance governing construction
and technical requirements for the System, in addition to any other requirements or
procedures reasonably specified by the Grantor pursuant to its pOlice power or as
otherwise permitted by applicable law.
Quality. All work involved in the construction, operation, maintenance, repair
upgrade, and removal of the System shall be performed in a safe, thorough and reliable
manner using materials of good and durable quality. If, at any time, a reasonable
determination is made by the Grantor or any other agency or authority of competent
jurisdiction that any part of the System, including, without limitation, any means used to
distribute Signals over or within the System, is harmful to the health or safety of any
Person, then the Grantee shall, at its own cost and expense, promptly correct all such
conditions.
Licenses and Permits. The Grantee shall have the sole responsibility for
diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of
approval or authorization necessary to construct, operate, maintain, repair or upgrade
the System, or any part thereof, prior to commencement of any such activity.
New Grades or Lines. If the grades or lines of any Street within the Franchise
Area are changed at any time during the term of this Ordinance, then the Grantee shall,
at its own cost and expense and upon reasbnable written notification and request of the
Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to
conform with such new grades or lines. In the event that the Grantee refuses or
neglects to so protect, alter, or relocate all or part of the System, the Grantor shall have
the right to break through, remove, alter or relocate all or any part of the System
without any liability to the Grantee, any Affiliated Person or any other Person, and the
Grantee shall pay to the Grantor the documented costs incurred in connection with
such breaking through, removal, alteration, or relocation.
Protect Structures. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall, at its own cost and
expense, protect any and all existing structures belonging to the Grantor and all
designated landmarks. The Grantee shall obtain the prior approval of the Grantor
before altering any water main, sewerage or drainage system, or any other municipal
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structure in the Rights-of-Way required because of the presence of the System in the
Rights-of Way. Any such alteration shall be made by the Grantee, at its sole cost and
expense, and in any reasonable manner prescribed by the Grantor. the Grantee
agrees that it shall be liable, at its own cost and expense, to replace or repair and
restore to serviceable condition, in any reasonable manner as may be specified by the
Grantor, any Street or any municipal structure involved in the construction, operation,
maintenance, repair, upgrade or removal of the System that may become disturbed or
damaged as a result of any work thereon by or on behalf of the Grantee pursuant to
this Ordinance.
No Obstruction. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-of-
Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or
within the Franchise Area without prior consent of the appropriate authorities.
Movement of Wire. The Grantee shall, upon prior written notice by the Grantor
or any Person holding a permit to move any structure, temporarily move its wires to
permit the moving of said structure. The Grantee may impose a reasonable charge
(which may require advance payment in appropriate circumstances) on any Person
other than the Grantor for any such movement of its wires.
Safety Precautions. The Grantee shall, at its own cost and expense, undertake
all necessary and appropriate efforts to prevent accidents at its work sites, including
the placing and maintenance of proper guards, fences, barricades, watchmen, and
suitable and sufficient lighting.
Moving Wires. The Grantor may, in case of fire, disaster, or other such
emergency, as reasonably determined by the Grantor, in its sole discretion, cut or move
any of the wires, cables, amplifiers, appliances, or other parts of the System, in which
event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or
any other Person. The Grantor shall take reasonable efforts to consult the Grantee
prior to any such cutting or movement of its wires, and the Grantee shall be given the
opportunity to perform such work itself. All documented costs to repair or replace such
wires, cables, amplifiers, appliances or other parts of the System shall be borne by the
Grantee.
No Liability for Public Work, etc. Neither the Grantor nor its officers, employees,
agents, attorneys, consultants or independent contractors shall have any liability to the
Grantee or any Affiliated Person for any liability as a result of or in connection with the
protection, breaking through, movement, removal, alteration, or relocation of any part of
the System by or on behalf of the Grantee or the Grantor in connection with any
emergency, public work, public improvement, alteration of any municipal structure, any
change in the grade or line of any Street, or the elimination, discontinuation, and
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closing of any Street.
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APPENDIX C
PEG MATTERS
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Ordinance, the sum of Sixty-seven Thousand Dollars ($67,000) and at the end of seven
years after the effective date of this Franchise Ordinance the sum of Fifty Thousand
Dollars ($50,000). Such payments shall not be deducted from franchise fees. Grantor
shall use such money to support and provide facilities and equipment for government
access programming. Grantor shall provide Grantee with an accounting for such funds
within one (1) year of receipt.
C. Public. Education and Government Access Support. Grantee agrees to
pay to the Grantor, within thirty (30) days after the effective date of this Franchise
Ordinance and on the anniversary of such date for the term of this Franchise, the
following amounts:
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Total
$50,000
$50,000
$75,000
$75,000
$75,000
$100,000
$100,000
$100,000
$125,000
$125.000
$875,000
Such payments shall not be deducted from franchise fees or collected from subscribers
as an external cost pursuant to FCC rules. Grantor shall only use such money in
support of public, education and government access programming. Grantor shall
provide an accounting to Grantee annually for such funds.
Grantee shall have the right to renegotiate with Grantor the amounts and manner in
which Grantee funds support for public, education and government access
programming after the fourth anniversary of the effective date of the Franchise
Ordinance if: (i) the County adopts a model for funding support for such programming
that is inconsistent with or fails to take into account the amounts to be paid by Grantee
to Grantor hereunder; or (ii) Grantee's actual number of Subscribers in the City after
such four-year period is below twelve thousand five hundred (12,500). To the extent
necessary for Grantee to avoid further cost or obligation, Grantor shall negotiate in
good faith a modification to Grantee's obligations for support of public, education and
government access support, equipment and facilities contained in this Ordinance, if
under FCC regulations or state or federal law, Grantee is required to share costs with
the provider of such facilities (currently Time Warner Entertainment-
Advance/Newhouse Partnership ("Time Warner")). In such negotiation, in addition to
any costs Grantee may be obligated to share, it may be appropriate for Grantee to
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continue to provide some support to the City, taking into account the City's needs and
the reasonable profitability of the system.
D. Publicity. Grantee shall actively promote ongoing community awareness
of public, educational and government access channels, and public access facilities
and training opportunities for public and educational access, at a minimum in its
program guides containing listings of the local off-air broadcast signals in the Grantee's
basic service tier, provided that the publisher of any such guide consents to the
inclusion of information, at no cost to the Grantee, concerning public, educational and
governmental access programming carried by the Grantee based upon the good faith
efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public
service announcements supplied by Grantor, all in such places and at such times as
Grantee in its sole discretion shall determine, and Grantee shall provide Grantor, on
request, with a summary of its activities in this regard.
E. Single Entity Administration of Educational/Public Access Channels and
Facilities. If during the term of this Franchise Ordinance, the County creates, or
consents to the creation of, a single entity to administer the use of the channels and the
use of facilities for all education and public access purposes (the "Community Access
Center"), and the costs of operating such Center are shared by all cable operators
within the County, Grantor shall negotiate in good faith a modification to Grantee's
obligations for support of public, education and government access support, equipment
and facilities contained in this Ordinance. In such negotiation, in addition to any costs
Grantee may be obligated to share, it may be appropriate for Grantee to continue to
provide some support to the City, taking into account the City's needs and the
reasonable profitability of the system.
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APPENDIX D
I-NET
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APPENDIX D
I-NET
Grantor shall not be required to provide or contribute towards the support of Grantor's
institutional network ("I-Net"). In lieu of any such obligation, Grantee shall pay the
grant provided in Section 6 (E) of the Ordinance.
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APPENDIX E
CUSTOMER SERVICE STANDARDS
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APPENDIX E
CUSTOMER SERVICE STANDARDS
INDEX
Eage
SECTION 1
SOLICITATION OF SUBSCRIPTIONS ...................... 3
SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES ............... .. 5
SECTION 3 BILLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
SECTION 4 EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . . .. 9
SECTION 5 OUTAGE CORRECTION AND REPAIR SERViCE............. 9
SECTION 6 SUBSCRIBER COMPLAINTS ............................ 11
SECTION 7 NOTICE ............................................. 12
SECTION 8 TERMINATION OF SERVICE AND DiSCONNECTION......... 13
SECTION 9 CREDITS AND REFUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
SECTION 10 MISCELLANEOUS REQUiREMENTS.... .................. 15
SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS.. .. . .. 16
SECTION 12 DEFINITIONS.. . . . . .. . ...... . . . . . . .. ... . ........ . _ . . .. 17
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APPENDIX E
CUSTOMER SERVICE STANDARDS
SECTION 1
SOLICITATION OF SUBSCRIPTIONS
1.1 Subscription Information.
1.1.1 Before providing any service to any potential Subscriber and
at least once a year to all Subscribers, the Grantee shall provide the following
subscription information to all potential Subscribers and all Subscribers, in a clear,
complete and comprehensible form:
a. a description of the Cable Services provided by the Grantee,
accompanied by a listing of the charges for each such service, either alone or in
combination;
b. a listing of all rates, terms and conditions for each Cable
Service or tier of Cable Service, both alone and in combination, and all other
charges, such as for returned checks and for relocating cable outlets;
c. a general explanation of other communications devices
which may be used in conjunction with the System, including but not limited to,
video cassette recorders, remote control devices, closed captioning decoders,
parental control devices, and, if applicable, the use of publicly available
equipment and a listing of the Grant~e's charges for connecting such devices to
the System; ,
d. a description of the Grantee's billing and collection
procedures;
e. the procedure for the resolution of billing disputes. including
the telephone number of the City of Clearwater office Subscribers'may call with
regard to billing disputes, as specified by the Grantor;
f. a description of the Grantee's policies concerning credits for
outages and reception problems, consistent with these consumer protection
standards;
g. an explanation of the procedures and charges, if any, for
upgrading, downgrading or disconnecting services, consistent with these
consumer protection standards;
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1.4.2 Once a request for Cable Service is received, the Grantee
shall either set a specific appointment time or specify a four (4) hour time block during
normal business hours, as requested by the Subscriber or potential Subscriber, during
which the Grantee's work crew shall install the necessary equipment to receive service.
The Grantee may schedule installation activities outside of normal business hours for
the express convenience of the Subscriber.
1.4.3 Unless a later date is requested by a potential Subscriber,
the Grantee shall complete installation of service for any new Subscriber within seven
(7) business days after any such request is received, where the installation is located
up to 125 feet from the existing distribution system.
1.5 Records of ReQuests for Cable Service.
1.5.1 The Grantee shall keep records capable of showing all
requests for Cable Service, which shall contain, with respect to each request for
service, the name and address of the Person requesting service, an identification of the
block on which the Person requesting service resides or is otherwise located, the date
on which service was requested, the date and appointment period on which service
was scheduled to be provided and the date and appointment period service was
actually provided. These records shall be assembled continuously and made available
to the Grantor in summary form and in a legible format.
1.5.2 Any information in the records required by Section 1.5.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 1.5.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 2
TRAINING OF EMPLOYEES; TELEPHONES
2.1 Training of Employees
2.1.1 Each employee of the Grantee who may come into contact
with members of the public at their places qf residence shall: (i) wear a Company-
provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the
Grantee; (iii) wear a picture identification card indicating his or her employment with the
Grantee. Each such employee shall also be trained to perform efficiently the various
tasks, including responding to consumer inquiries and complaints, necessary to provide
consumer services in a responsible and courteous manner.
2.1.2 All Company employees shall identify themselves by name
when answering Company telephone lines routinely used by members of the public.
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2.2 Telephone Lines. The Grantee shall have local or toll free telephone
lines for receiving requests for repair or installation services, for reporting outages and
for responding to billing questions. These lines shall be answered twenty-four (24)
hours per day, seven (7) days per week, with an answering service or automated
device answering them outside of the Grantee's business hours (during which hours
these lines shall be answered by Company employees on request). If calls concerning
area outages are received, the answering service or automated device shall (i) at the
end of the recorded message, permit Subscribers to report outages and to leave their
name and account number, if available, for an outage credit; (H) contact the person
authorized by the Grantee to initiate corrective measures; and (Hi) with respect to
outages known to the Grantee, provide up-to-date information on outages, such as the
suspected cause, the efforts underway to correct the problem and the estimated time
when service will be restored. The answering service or automated device shall record
calls concerning billing questions, complaints, or other matters and Company
employees shall return any such call within one (1) business day after the answering
service or automated device takes the message.
2.3 Standard of Service for the Telephone System. The Grantee shall
maintain a State-of-the-Art telephone system throughout the term of this Ordinance. At
the commencement of the term of this Ordinance, the telephone system shall have, at a
minimum, enough incoming lines and adequate staff to process incoming calls such
that telephone answer time, including wait time, shall not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred, transfer time shall not
exceed thirty (30) seconds. Subscribers shall receive a busy signal less than three
percent (3%) of the time.
2.4 Compliance. The standards in Section 2.2 of this Appendix shall be
met no less than ninety percent (90%) of the time under normal operating conditions,
measured on a quarterly basis. The Grantee will not be required to acquire equipment
or perform surveys to measure compliance -with the telephone answering standards
unless a historical record of complaints indicate a clear failure to comply.
SECTION 3
BilLING
3.1 The Format of a Subscriber's Bill
3.1.1 The bill shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Subscribers.
3.1.2 The bill shall contain item ized charges for each category of
Service and equipment and any installation of equipment or facilities and monthly use
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thereof (together, BEquipmentB) for which a charge is imposed (including late charges, if
any), an explicit due date, the name and address of the Grantee and telephone number
for the Grantee's office responsible for inquiries and billing, the telephone number
specified by the Grantor for the resolution of billing disputes, and the FCC Community
Unit Identifier Number. The bill shall state the billing period, amount of current billing
and appropriate credits or past due balances, if any.
3.1.3 The Grantee shall not charge a potential Subscriber or
Subscriber for any Service or Equipment that the Subscriber has not affirmatively
requested by name. A Subscriber's failure ~o refuse a cable operator's proposal to
provide such Service or Equipment shall not be deemed to be an affirmative request for
such Service or Equipment.
3.2 Billing Procedures. All bills shall be rendered monthly, unless
otherwise authorized by the Subscriber, or unless service was provided for less than
one (1) month.
3.3 Procedures for Collecting Late Bills.
3.3.1 No bill shall be due less than fifteen (15) days from the date
of the mailing of the bill by the Grantee to the Subscriber.
3.3.2 A bill shall not be considered delinquent until at least forty-
five (45) days have elapsed from the mailing of the bill to the Subscriber and payment
has not been received by the Grantee, provided that no bill shall be mailed more than
fifteen (15) days prior to the date services covered by such bill commence, except in
cases where a Subscriber requests advance billing. Late fees not to exceed one
percent (1 %) may be applied to a delinquent bill, so long as the billing dispute
resolution procedures set forth in Section 3A of this Appendix have not been initiated.
3.3.3 Except for terminating access to pay-per-view events,
movies or other usage-priced services, the Grantee shall not physically or electronically
discontinue service for nonpayment of bills rendered for service until: (i) the Subscriber
is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a
separate written notice of impending discontinuance has been serviced personally
upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the
Subscriber a separate written notice of impending discontinuance (for which postage is
paid by the Grantee), addressed to such Person at the premises where the Subscriber
requests billing; or (iv) at least five (5) days have elapsed after a Subscriber has either
signed for or refused a certified letter (postage to be paid by the Grantee) containing a
separate written notice of impending discontinuance addressed to such Person at the
premises where the Subscriber requests billing. Notice of Service discontinuance must
clearly state the amount in arrears, the total amount required to be paid to avoid
discontinuance of service, reconnection charges if applicable, and the date by which
such payment must be made.
3.4 Procedure for the Resolution of Billing Disputes
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3.4.1 The billing dispute resolution procedure shall be initiated
once a Subscriber contacts the Grantee's department which handles billing questions
for the Grantor, orally or in writing, so long as such contact occurs within thirty (30)
days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts
the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic
means, that the dispute resolution procedure has been initiated and the Grantee shall
then contact the Subscriber to discuss the dispute.
3.4.2 The Subscriber shall not be required to pay the disputed
portion of the bill until the dispute is resolved. The Grantee shall not apply finance
charges, issue delinquency or termination notices, or initiate collection procedures for
the disputed portion of the bill pending resolution of the dispute.
3.4.3 The Grantee shall promptly undertake whatever review is
necessary to resolve the dispute, and shall notify the Subscriber of the results of the
review as soon as it is completed, but in no case later than twenty (20) business days
after receipt from the Subscriber of the billing dispute, problem or complaint notification.
3.4.4 The Grantee shall notify the Subscriber in writing of its
proposed resolution of the billing dispute, and shall inform the Subscriber that unless
an appeal is taken to the Grantor within ten (10) business days after the date of
postmark on the notification letter, the Grantee's resolution of the dispute shall be
considered final. Where no appeal is taken, the amount the Grantee claims is due
must be paid within twenty (20) days after the date of postmark on the notification letter.
3.4.5 If the Subscriber appeals the Grantee's resolution within the
aforementioned period, payment of the disputed amount may be deferred until one (1)
week after the Grantor has reviewed and resolved the dispute.
3.5 Referral of Delinquent Accounts to a Collection Agency
3.5.1 If the billing dispute resolution procedures have not been
initiated, the delinquent account may be referred to a private collection agency for
appropriate action no sooner than thirty (30) business days after it becomes delinquent.
3.5.2 If the billing dispute resolution procedures have been
initiated, the delinquent account shall not be referred to a collection agency prior to ten
(10) business days after the conclusion of those procedures, including any appeal to
the Grantor.
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SECTION 4
EQUIPMENT PROVIDED BY THE GRANTEE
4.1 Types of Equipment To Be Provided
4.1.1 The Grantee shall supply a closed caption decoder to any
hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's
cost.
4.1.2 The Grantee shall comply with all rules and regulations
promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act
(47 U.S.C. ~~ 543 and 544a).
4.2 Terms for Rental and Loaner Equipment
4.2.1 The Grantee may require deposits on Equipment it provides
to Subscribers, provided that all such deposits shall be placed in an interest bearing
escrow account for the Subscribers, which deposit shall bear a reasonable interest
rate, and provided further, that there shall be no discrimination among or between
Subscribers in either the requirement for or'the amount of such deposits.
4.2.2 For billing purposes, the return of rental Equipment shall be
deemed to have taken place on the day such equipment is returned.
SECTION 5
OUTAGE CORRECTION AND REPAIR SERVICE
5.1 Interruption of Service. The Grantee shall exercise its best efforts to
limit any scheduled interruption of any Cable Service for any purpose to periods of
minimum use. Except in emergencies or incidents requiring immediate action, the
Grantee shall provide Grantor and all affected Subscribers with prior notice of
scheduled service interruptions, if such interruptions will last longer than thirty (30)
minutes. For any other scheduled service outage, the Grantee must give notice
electronically by placing an alphanumeric message on an information Channel or
similar Channel on the System from time to time and at least once an hour, at least
forty-eight (48) hours before the interruption of service occurs, unless the Grantor
authorizes the provision of shorter notice. ,
5.2
Made.
Time Periods by Which Outages Must Be Corrected and Repairs
5.2.1 The Grantee shall maintain sufficient repair and
maintenance crews so as to be able to correct or repair any reception problem or other
service problem of either picture, or sound quality, including any outage of sound
and/or picture, on any Channel except for a problem caused by an intentional, wrongful
9
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act of the Subscriber or by the Subscriber's own equipment which was not supplied by
the Grantee, promptly and in no event later than twenty-four (24) hours after the
Grantee either receives a request for repair service or the Grantee learns of it. For
purposes of this Ordinance, "reception problem" shall constitute reception that an
affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can
demonstrate that the Signals transmitted to such Subscriber are in compliance with the
FCC's technical signal quality standards (47 C.F.R. 976.601 et seq.).
5.2.2 The Grantee shall maintain, at all times, an adequate repair
and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this
Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to
correct any reception problem or other service problem, the Grantee shall either set a
specific appointment time or specify a four (4) hour time block during normal business
hours, as requested by the Subscriber or potential Subscriber, during which the
Grantee's work crew shall work on the service problem. The Grantee may schedule
service calls outside of normal business hours for the express convenience of the
Subscriber, provided the Grantee's customer service representatives shall at all times
endeavor to be aware of service or other problems in adjacent areas which may obviate
the need to enter a Subscribe~s premises.
5.2.3 In no event shall the Grantee cancel any necessary
scheduled service call after the close of the business on the business day prior to the
scheduled appointment. If the Grantee needs to cancel a scheduled appointment, it
must contact the Subscriber and reschedule at a time convenient for the Subscriber.
5.3 Failure To Meet Time Periods May Be Excused. The Grantee's
failure to correct outages or to make repairs within the stated time periods shall be
excused in the following circumstances:
(i) if the Grantee could not obtain access to the Subscriber's
premises; or
(ii) if the Grantor, acting reasonably, agrees with the Grantee
that correcting such outages or making such repairs was not
reasonably possible within the allotted time period.
5.4 No Charge for Repair Service. The Grantee shall not impose any fee
or charge any Subscriber for any service call to his or her premises to perform any
repair or maintenance work.
5.5 Service Calls To Be Provided on a Nondiscriminatory Basis. The
Grantee shall provide all service calls throughout the Franchise Area on a
nondiscrim inatory basis.
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5.6 Records of Repair Service Requests.
5.6.1 The Grantee shall keep records capable of showing all
requests for repair service and information on outage correction (to the extent available
with respect to each of the following types Of information), which shall show, at a
minimum, the name and address of the affected Subscriber, the block on which such
Subscriber resides or is otherwise located, the date and the approximate time of
request, the date and approximate time the Grantee responds, the date and
approximate time service is restored, the type and the probable cause of the problem,
the signal level measured on thirty percent (30%) but no less than fifteen (15) of the
activated Channels on the System after corrective action, if applicable, the corrective
steps, if any, taken, and the names of the Grantee employees who took the corrective
action(s). Such records shall also describe the corrective action taken, and, in the case
of outages, shall estimate the numbers of Subscribers affected. For the purposes of
this Section 5.6.1, .time. shall mean the time of request or appointment period, as
applicable.
5.6.2 Any information in the records required by Section 5.6.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 5.6.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 6
SUBSCRIBER COMPLAINTS
6.1 Complaints. For the purposes of this Ordinance, "complaint. shall
mean any written communication by a Subscriber or potential Subscriber or oral
communication by a Subscriber or potential Subscriber reduced to writing, including to
a computer form, expressing dissatisfaction with any nonprogramming aspect of the
Grantee's business or operation of the System.
6.2 Time Period for the Resolution of Complaints. Except where another
time period is required by any other provision of this Appendix, the Grantee shall make
its best efforts to resolve, as soon as practicable, and in no event later than seven (7)
business days, all complaints after they are received by the Grantee. Within two (2)
business days of receiving a written complaint or a complaint forwarded to the Grantee
by the Grantor, the Grantee shall notify the Person who made the complaint, either by
telephone or in writing, that the complaint has been received and that the Grantee will
make its best efforts to resolve such complaint within seven (7) business days of
receipt of such complaint by the Grantee. '
6.3 Referral of Complaints from the Grantor to the Grantee.
6.3.1 If the Grantor is contacted directly about a complaint
concerning the Grantee, the Grantor shall notify the Grantee.
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6.3.2 Within seven (7) business days after being notified about
the complaint, the Grantee shall issue to the Grantor a report detailing the investigation
thoroughly, describing the findings, explaining any corrective steps which are being
taken and indicating that the Person who registered the complaint has been notified of
the resolution.
6.4 Complaint Records.
6.4.1 The Grantee shall maintain complaint records, which shall
record the date a complaint is received, the name and address of the affected
Subscriber, the block on which such Subscriber resides or is otherwise located, a
description of the complaint, the date of resolution, a description of the resolution and
an indication of whether the resolution was appealed.
6.4.2 Any information in the records required by Section 6.4.1 of
this Appendix may be destroyed after three (3) years after such information was
collected, unless the Grantor authorizes the Grantee, in writing, to destroy any
information required by Section 6.4.1 of this Appendix prior to the expiration of such
three (3) year period.
SECTION 7
NOTICE
7.1 Notice Required
7.1.1 The Grantee shall provide notice to the Grantor and all
Subscribers of any change in any fee, charge, deposit, term or condition, which notice
shall be provided no later than thirty (30) days prior to the effective date of any such
change. All notices required by this Section 7.1.1 shall specify, as applicable, the
service or services affected, the new rate, charge, term or condition, the effect of the
change, and the effective date of the change.
7.1.2 If the Grantee provides a premium Channel without charge
to Cable Subscribers who do not subscribe to such premium Channel, the cable
operator shall provide a means whereby (i) those Subscribers without a set top box
may request at the time of installation that the signal from such premium Channels be
blocked to prevent any viewing during any such free period, (ii) those Subscribers with
a set top box may either request that the signal for such premium Channels continue to
be scrambled during any free-offer periods, or use parental control features on the set
top box to preclude viewing such premium Channel. For the purposes of this Section
7.1.2, the term .premium Channel. shall mean any Service offered on a per Channel or
per program basis, which offers movies rated by the Motion Picture Association of
America as X, NC-17 or R.
7.1.3 The Grantee shall provide notice, in writing, to the Grantor
and all Subscribers of any change in any Channel assignment or in any Service
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provided over any such Channel, which notice shall be provided no later than thirty (30)
days prior to the effective date of any such change. The Grantee shall also provide
notice, in writing, to the Grantor and all Subscribers that comments on programming
and Channel position changes are being recorded by a designated office of the
Grantor, which notice shall be provided no less often than once every sixty (60) days.
SECTION 8
TERMINATION OF SERVICE AND DISCONNECTION
8.1 Notice of Termination of Service. As described in Section 3.3.3 of
this Appendix, the Grantee may terminate service to any Subscriber whose bill has not
been paid after it becomes delinquent, so long as the Grantee gives proper notice to
the Subscriber as provided in Section 3.3.3 of this Appendix and the billing dispute
resolution procedures have not been initiated.
8.2 Resubscription to Cable Service. The Grantee shall not refuse to
serve a former Subscriber whose service was terminated, so long as all past bills and
late charges have been paid in full. The Grantee may not charge such terminated
Subscriber any fee(s) not applied to former Subscribers who voluntarily terminated
service. The Grantee, however, may require a deposit from such a terminated
Subscriber in an amount not to exceed such Subscriber's anticipated monthly charges
for a two (2) month period, provided that all such deposits shall be placed in an interest
bearing escrow account for the Subscriber, which deposit shall bear a reasonable
interest rate. Such deposits shall be returned to the Subscriber no later than after
twelve consecutive months of no delinquent payments by such Subscriber.
8.3 Length of Time to Disconnection. If disconnection occurs at the
Subscriber's written or oral request, then, for billing purposes, it shall be deemed to
have occurred three (3) days after the Grantee receives the request for disconnection
unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period.
8.4 Scheduling Appointments. Except for disconnection of Cable Service
for non-payment, the Grantee shall either set a specific appointment time or specify a
four (4) hour time period during normal business hours, during which its work crew shall
visit the Subscriber's premises to disconnect service and to remove any Equipment.
The Grantee may schedule such service outside normal business hours for the express
convenience of the Subscriber.
8.5 Restoration of Subscriber Premises. The Grantee shall ensure that
the subscriber's premises are restored to their original condition if damaged by the
Grantee's employees or agents in any respect in connection with the installation, repair
or disconnection of Cable Service.
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8.6 No Fee for Disconnection. The Grantee shall not charge any fee for
disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a
period of six (6) months or less, the Grantee shall not impose a charge on such
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Subscriber for reconnection within such six (6) month period, if, at or prior to the time of
disconnection, the Subscriber notifies the Grantee that he or she requests to have his
or her Cable Service reconnected within six (6) months. In such cases, the Grantee
shall disconnect and reconnect the Subscriber's Cable Service remotely without visiting
the Subscriber's place of residence.
SECTION 9
CREDITS AND REFUNDS
9.1 Grounds. As a result of the Grantee's failure to comply with these
consumer protection standards, the Grantee shall provide to each affected Subscriber
or potential Subscriber, as applicable, the following credits:
(i) for a failure of the Grantee's crew to arrive at the Subscriber's
premises at the scheduled time or within the promised four (4) hour period for
any installation service, as provided in Section 1.4.2 of this Appendix, a credit
equal to free installation and the amount that would have otherwise been billed
to such Subscriber for all Cable Services selected by such Subscriber for the
first billing period following installation up to a maximum amount of Twenty-five
Dollars ($25);
(ii) for a failure of the Grantee to complete installation of service
within the scheduled time period provided for in Section 1.4.3 of this Appendix,
unless otherwise excused, a credit equal to free installation;
(iii) for any reception problem, including any outage of sound and or
picture on any Channel, as defined in Section 5.2 of this Appendix, or for any
other service problem which remains unrepaired for more than twelve (12) hours
after either the Grantee receives from the Subscriber a request for repair service
(provided that, to the extent access to the Subscriber's premises is required to
effect such repair, the Subscriber has granted the Grantee such access) or the
Grantee learns of such problem, a minimum credit in an amount equal to one-
thirtieth (1/30) times the total bill for Cable Service of such Subscriber for the
preceding billing period, for each twenty-four (24) hour period during which such
reception problem persists for at least four (4) hours;
(iv) for a failure of the Grantee's crew to arrive to correct any outage
or make any repair during the stated time period, as specified in Section 5.2.2 of
this Appendix (except where such failure is excused by Section 5.3 of this
Appendix or except where such crew is no longer required due to a repair
effected in a nearby portion of the System, in which case the Subscriber shall be
notified by telephone that a visit to such Subscriber's residence is no longer
necessary). a credit in an amount equal to all charges billed to such Subscriber
for the preceding monthly billing period up to a maximum amount of Twenty-five
Dollars ($25); and
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(v) for the improper termination of service to a Subscriber, free
reconnection and a credit in an amount equal to all charges billed to such
Subscriber for a period equal to two (2) times the total number of days such
Subscriber does not have service up to a maximum amount of Seventy-five
Dollars ($75).
9.2 Purpose. The Grantee agrees that each of the foregoing occurrences
necessitating such credits shall result in injury to such Subscribers, which injury will be
difficult to ascertain and to prove. The Grantee agrees that each of the foregoing
credits is a fair and reasonable compensation for such injury and that such
compensation constitutes liquidated damages, not a penalty or forfeiture.
9.3 Calculation. For the purpose of calculating the amount of credit owed
pursuant to Section 9.1 (iii) of this Appendix, such four (4) hour period shall be deemed
to have begun at the time the outage occurred.
9.4 Credits. With respect to any credit described in Section 9.1 (iii) of this
Appendix, the Grantee shall automatically provide a credit on each Subscriber's bill
affected by a reception problem, as applicable. If the Grantee cannot determine who
was affected, then it shall provide a credit to any eligible Subscriber who makes
application therefor by written or oral notice within ninety (90) days after the outage or
reception problem occurred. With respect to any other credits enumerated in
Section 9.1 of this Appendix, the Grantee shall provide such credit automatically to the
affected Subscriber's next bill. '
9.5 Refunds. Refund checks shall be issued promptly, but no later than
either (a) the Subscriber's next billing cycle following resolution of the request or thirty
(30) days, whichever is earlier, or (b) the return of the equipment supplied by the
Grantee if the service is terminated.
SECTION 10
MISCELLANEOUS REQUIREMENTS
10.1 Charge for Downgrades. The downgrading of a Subscriber's service
shall be effected solely by coded entry on a computer tenninal or by another similarly
simple method, and the charge for such downgrading shall be nominal, and in no event
shall exceed the cost for any upgrading of a Subscriber's service by such method(s).
Charges for changes in service tiers or equipment that are impossible to be made by
coded entry on a computer terminal or other similarly simple method and that involve a
more complex method shall not exceed actual cost, and in no event shall exceed the
cost for any upgrading of a Subscriber's service by such method.
10.2 Subscriber Information. The Grantee shall display a written notice on
an information Channel from time to time, stating that infonnation, complaint resolution
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and repair service may be obtained by telephoning the Grantee at a designated
telephone number.
10.3 Credits. In the event applicable law permits, at any time during the
term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or
-rollback. rates, fees or charges for any Service provided pursuant to the Agreement,
the Grantee shall automatically provide a credit on each Subscriber's bill affected by
such decrease or rollback, or shall pay to each Subscriber, in cash or by check, the
amount of the credit if such credit would be equal to or more than the average bill of
such Subscriber for the immediately preceding three (3) month period.
10.4 Payment Stations. The Grantee shall maintain in the Grantor at least
two full service locations at which bills can be paid and Subscriber inquiries can be
answered.
to.5 Cable Guide. The Grantee shall provide in any cable programming
guide supplied to Subscribers a listing of the channel location of all PEG channels and
the programming thereon.
SECTION 11
FAILURE TO COMPLY WITH THESE REQUIREMENTS
11.1 Material Requirements.
11.1.1 The Grantee agrees that substantial failure to comply with
any material requirement set forth in these consumer protection standards shall
constitute an Event of Default.
11.1.2 The Grantee also agrees that if the Grantor determines, in
the exercise of its sole discretion, that the Grantee has, after notice from the Grantor,
repeatedly failed to comply with any requirement set forth in these consumer protection
standards, then the Grantor may elect to treat such failure in all respects as an Event of
Default.
11.2 Liability for Contractors'/Subcontractors' Failure To Comply. If the
Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or
agents abide by these consumer protection standards, the Grantee shall be liable for
any breach of these consumer protection standards committed by its contractors,
subcontractors, or agents just as if the Gra~tee itself had committed the breach.
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SECTION 12
DEANITlONS
12.1 Normal Business Hours. The term .normal business hours. means
those hours during which most similar businesses in the community are open to serve
customers. In all cases, "normal business hours. must include some evening hours at
least one night per week and/or some weekend hours.
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12.2 Normal Operating Conditions. The term .normal operating
conditions. means those service conditions which are within the control of the Grantee.
Those conditions which are not within the control of the Grantee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are
ordinarily within the control of the Grantee include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the cable system.
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