CATV - CABLE TELEVISION
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PINELLAS COUNTY ORDINANCE NO. 79-4
AN ORDINANCE TO BE KNOWN AS THE
"PINELLAS COUNTY CABLE TELEVISION
ORDINANCE"; PROVIDING DEFINITIONS;
PROHIBITING THE CONSTRUCTION, OP-
ERATION OR MAINTENANCE OF A CABLE
TELEVISION SYSTEM WITHOUT FRANCHISE;
PROVIDING PENALTIES; PROVIDING THE
TERM OF FRANCHISE; ESTABLISHING A
CABLE TELEVISION SYSTEM AGENCY;
PROVIDING FOR LIMITATIONS OF
FRfu~CHISES; PROVIDING FOR LIABILITY
AND INDEMNIFICATION REQUIREMENTS;
PROVIDING FOR TECHNICAL REQUIREMENTS
AND CHANNEL CAPACITY.; PROVIDING FOR
SERVICE STANDARDS, BUSINESS OFFICE
AND RESOLUTION OF COMPLAINTS;
PROVIDING FOR FILINGS AND COMMU-
NICATION WITH REGULATORY AGENCIES;
,PROVIDING FOR CONDITIONS ON STREET
OCCUPANCY; PROVIDING FOR CONSTRUCT-
ION REQUIREMENTS; PROVIDING FOR AN
INDEMNITY BOND; PROVIDING FOR
FRANCHISE PAYMENTS; PROVIDING FOR
RATES CHARGED TO SUBSCRIBERS;
PROVIDING FOR TERNINATION OF SERVICES;
PROVIDING FOR PUBLIC SERVICE REQUIRE-
MENTS; PROVIDING FOR AMENDMENT OF
ORDINANCE AND FRANCHISES; PROVIDING
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FOR APPLICATION PROCEDURES; PROVIDING
FOR RENEWAL PROCEDURES; PROVIDING FOR
CONTINUED USE OF INDIVIDUAL ANTENNAS;
AUTHORIZING GRANTEE TO PROMULGATE
RULES; PROVIDING FOR DELEGATION OF
POWERS; PROVIDING FOR NOTICES;
PROVIDING FOR RIGHTS AND REMEDIES;
PROVIDING FOR RIGHT OF FR~NCHISE
ENTITY TO INTERVENE; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 78-600, Laws of Florida,
authorizes and empowers the Board of County
Commissioners of Pinellas County, Florida to grant to
any person, firm or corporation, upon such terms and
conditions as the Board shall deem proper, but for a
period of not more than fifteen (15) years, one or
more nonexclusive franchises to operate a cable
television system or systems in the unincorporated
areas of Pinellas County without referendum; and
WHEREAS, the adoption by ordinance of the
following rules and regulations are necessary in the
general interest of the public and shall promote the
public convenience of the citizens of Pinellas County,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
Section 1. Short Title. ' This Ordinance
shall be known and may be cited as the "Pinellas
County Cable Television Ordinance".
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Section 2. Definitions. For the purposes
of this Ordinance, the following terms, phrases, words
and their derivations shall have the meaning given
herein,'unless the context clearly indicates that
another meaning is intended. When not inconsistent
with the context,. words used in the present tense
include the future, words in the plural number include
the singular number, and words in the singular number
inc:lude the plural number.' The word "shall" is always
mandatory and not merely directory.
(1) "Agency" means the County Admin-
istrator's Office.
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(2) "Auxiliary Services" means any
communications service in addition to "regular
subscriber services", including; but not limited to
pay TV, burglar alarm services, data or other
electronic transmission services, facsimile reproduct-
ion services, meter reading services and home shopping
services, etc.
(3) "Cable Television System" or "CATV
system" is any facility that in whole or in part,
receives directly, or indirectly, over the air, and
amplifies or otherwise modifies the signals transmit-
ting programs broadcast by one or more television or
radio stations and distributes such signals by wire or
cable to subscribing members of the public who pay for
such services.
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(4) "Channel" is a band of frequencies 6
magahertz wide in the electromagnetic spectrum capable
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of carrying either one audio-visual television signal
and a few non-video signals or a large number of non-
video signals.
(5) "Federal Communications Commission",
ot "FCC" is the present federal agency of that name as
constituted by the Communications Act of 1934, or any
successor agency created by the United States
Congress.
(6) "Franchise" is an authorization granted
by the Franchise Authority which perrni ts the constrl~ct
ion, operation and maintenance of a cable television
system within the Franchise Area.
(7) "Franchise Area" means that portion, of
the Franchise Entity for which a franchise is granted
under the authority of this Ordinance. The Franchise
Area mayor may not be counterrninous with the
Franchise Entity.
(8) "Franchise Authority" is the Pinellas
County Board of County Commissioners.
(9) "Franchise Entity" is the unincorporate
areas of Pinellas County, Florida, as presently
constituted and including any area henceforth added'
thereto during the terms of any franchise granted
hereunder.
(10) "Grantee': is a holder of a cable
television franchise issued by the Franchise Entity.
(11) "Gross Revenues" means those rev~nues
derived directly or indirectly by a grantee from all
sources whatsoever, including but not limited to
regular subscriber service, auxiliary services, pay
television fees, etc.
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(12) "Major Stockholder" is a beneficial
owner, directly or indirectly, of ten (10%) percent
or more of the issued and outstanding voting stock of
any corporation.
(13) "Persons' are any people, firms,
corporations, as?ociations, or other legally
recognized entities.
(14) "Public Street" is the surface of and
space above and below any public street, avenue,
highway, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead,
wharf, pier, alley, right-of-way, public utility
easement, and any other public grou~d or water within
or belonging to the Franchise Entity.
(15) "Regular Subscriber Service" is that
service regularly provided to all subscribers. It
includes all broadcast signal carriage, FCC required
access channel carriage including origination
programming. It does not include specialized
programming for which a per-program or per-channel
charge is made.
(16) "Subscriber" means any person
receiving regular subscriber service.
Section 3. Franchise to Operate Nece~sary.
It shall be unlawful to commence or engage in the
construction, operation or maintenance of a cable
television system without a franchise issued under
this Ordinance. The Franchise Authority may, by
ordinance, award a franchise to construct, operate and
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maintain a cable television system within' all or any
portion of the Franchise Entity to any person, whethe
operating under an existing franchise or not, who
makes application for authority to furnish a cable
television system which complies with the terms and
conditions of this ordinance. Provided, that this
section shall not be deemed to require the grant of a
franchise to any particular person or to prohibit the
Franchise Authority from restricting the number of
grantees should it determine such a restriction would
be in the public interest.
Any person violating this Section shall be
punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for not more
than sixty (60) days, or both fine and imprisonment
in the discretion of the court. Each day that such
violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable
as such hereunder.
Section 4. Term of Franchise.
(1) Any franchise granted by the Franchise
Authority shall be for a term of fifteen (15) years
following the date such franchise is accepted by the
grantee, and, upon application of the grantee and
review of the performance of grantee in a public
proceeding, the Franchise Authority may renew the
franchise for successive fifteen (15) year periods,
with such modification of terms as the Franchise
Authority may determine in each instance.
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(2) The Franchise Authority may terminate
any franchise in the event Grantee shall refuse, or
neglect to comply with any material requirement or
limitation contained in this Ordinance.
(3) Should the Franchise Authority
determine that Grantee is not, in its opinion, in
compliance with this Ordi~ance and any Franchise
issued thereunder, it shall so notify Grantee, and
Grantee shall, within thirty (30) days, bring the
franchised system into compliance, reporting correct-
ive action taken to the Franchise Authority.
(4) If the Franchise Authority is not
satisfied that compliance has been achieved, or that
good faith progress is being made toward compliance,
it may schedule a public hearing to determine whether
the Franchise should be revoked. The Grantee. and ~he
public shall be given at least thirty (30) days notice
of such a hearing, and all interested parties shall be
heard in open hearing. At the conclusion of the
public hearing, the Franchise Authority shall
determine whether the Franchise should be terminated
and shall set forth, in writing, the facts and reasons
upon which its decision is based.
Section 5. Cable Television System Agency.
The Franchise Authority hereby designates and empowers
the County Administrat0r's Office to act for it in
administrative matters relating to cable television.
Section 6. Limitations of Franchise.
(1) Any franchise granted under this
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Ordinance shall be nonexclusive and nothing herein
shall be construed to prevent the Franchise Authority
from granting identical or similar franchises ,to more
than one person, within all or any portion of the
Franchise Entity.
(2) A -grantee shall, at all times during
the life of its franchise, be subject to the lawful
exercise of the Franchise Entity's police power and
surh reasonable regulations as the Franchise Authorit
may subsequently promulgate thereunder. Nothing
containedin this Ordinance shall be deemed to
prohibit in any way the right of Franchise Entity to
levy nondiscriminatory occupational license taxe~ on
any activity conducted by Grantee.
(3) All privileges prescribed by such a
franch~se shall be subordinate to any prior lawful
occupancy of the public streets, and the Franchise
Authority reserves the right to reasonably designate
where a grantee's facilities are to be placed within
the public ways.
(4) (a) A franchise shall be a privilege
which is personal to the original grantee. "It shall
not be sold, transferred, leased, assigned, or
disposed of, in whole or in part, either by sale,
merger, consolidation or otherwise, without prior
consent of the Franchise Authority expressed by
ordinance, and then only under such conditions as may
therein be prescribed. Any such transfer or assign-
ment shall be made only by an instrument in writing,
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which shall i~clude an acceptance of all terms and
conditions of the Franchise by transfer, a duly
executed copy of which shall be filed with the Agency
within thirty (30) days after any such transfer or
assignment.
(b) Consent of the Franchise Authority
shall not be granted until it has examined the
proposed assignee's legal, financial, technical,
character and other qualifications to construct,
operate and maintain a cable television system in the
Franchise Entity and has afforded all interested
parties notice and an opportunity to be heard on the
question.
(c) Consent of the Franchise Authority
shall not be arbitrarily refused; provided, that the
proposed assignee possesses the requisite quali-
fications and agrees, in writing, to comply with all
provisions of the Pranchise and this Ordinance.
(d) Transfer of twenty (20%)percent
or more of the voting securities of a corporate
Grantee to a person not presently a stockholder shall
be deemed to be a transfer of control.
(e) No such consent shall be required
. for a transfer:
(i) in trust, of system assets
by mortgage or by other hypothecation, to secure an
indebtedness;
(ii) to a parent or subsidiary of
a corporate grantee; or
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(iii) to a corpora~ion whose stock
is held by the same stockholders as grantee;
(iv) of less than twenty (20%)
percent of the voting securities of a corporate
grantee unless such transfer also results in a
transfer of voting control;
(v) of stock from one present
stockholder to another present stockholder unless such
transfer also results in a transfer of voting control.
(5) Nothing herein shall be deemed to in
any way impair or affect the right of the Franchise
Entity to acquire the property of the grantee, either
by purchase or through the exercise of the right of
eminent domain, at a price reflective of its fair
market value as an ongoing concern, and nothing herein
shall be construed to constitute a waiver or bar to
the exercise of any governmental right or power of
the Franchise Entity.
Section 7. Liability and Indemnification.
(1) A grantee shall pay, and by its
acceptance of a franchise specifically agree to pay,
any and all damages or penalties which the F~anchise
Entity may be legally required to pay. These damages
or penalties shall incluJe, but shall not be limited
to, damages arising out of copyright infringement or
violation of any anti-trust law, and all other damages
arising as a result of grantee's installation,
operation or maintenance of a franchise cable tele-
vision system under this Ordinance whether or not the
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acts or omissions complained of are authorized,
allowed or prohibited by the Franchise Entity.
(2) A grantee shall also pay all expenses
incurred by the Franchise Entity in defending itself
with regard to any and all damages and penalties
mentioned in subsection (1) above. These expenses
shall include all out-of-pocket expenses, including
reasonable attorneys' fees and the reasonable value
of services rendered by the employee of the Franchise
Entity.
(3) The grantee shall maintain, throughout
the term of the franchise, liability insurance insur-
1ng the Franchise Entity and the grantee with regard
to all damages mentioned in subsection (1) above,
caused by grantee or its agent in the minimum amounts
of:
(a) Workmen's compensation insurance
as provided by the laws of the State of Florida.
(b) $500,000 for personal inj~ry or
death to any person, within the limit, however, of
$1,000,000 for personal injury or death resulting from
anyone accident.
(e) $500,000 for property damage
resulting from anyone accident.
The insurance POlicies obtained by a grantee
in compliance with this ~ection shall be issued by a
company or companies acceptable to the Franchise
Entity, and a current certificate or certificates of
insurance, along with written evidence of payment of
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all required premiums, shall be filed and maintained
with the Agency during the term of the franchise.
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Said policies shall name the Franchise Entity as an
additional insured and shall contain a provision that
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a written notice of cancellation or reduction in
coverage of said policy shall be delivered to the
Franchise Entity thirty (30) days in advance of the
effective date thereof.
Section 8. Techpical Requirements' - Channel
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(1) The CATV system to be constructed by
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grantee shall be, at a minimum, installed, maintained,
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. and operated at all times in full compliance with the
technical and channel capacity standards of the
Federal Communications Commission, as they exist on
the effective date of this Ordinance, or as may
hereafter be amended to be more stringent. The
results of annual performance tests conducted in
accordance with Sec. 76.60l(c), FCC Rules (or such
other section of the Rules as shall incorporate its
substance) shall be retained for at least five (5)
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years and available for inspection by the Franchise
Entity.
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(2) Additionally, the CATV system to be
constructed by grantee shall have the capacity for
return communication on at least a non-voice basis,
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distribution of color television signals, and at least
twenty (20) activated channels.
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Section 9. Safety Requirements. A grantee
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shall, at all times:
(1) Install and maintain its wires, cables,
fixtures and other equipment in accordance with the
requirements of the Franchise Entity's Building Code
and Electrical Safety Orainances, and in such manner
that they will not interfere with any installations
of the Franchise Entity.
(2) Keep and maintain in a safe, suitable,
substantial condition, and in good order and repair,
all structures, lines, equipment, and connections in,
over, under, and upon the streets, sidewalks, alleys,
and public ways or places of the Franchise Entity,
wherever situated or located.
Section 10. Service Stand~~ds - Business
Office - Resolution of Complaints.
(1) Throughout the life of its franchise,
a grantee shall:
(a) Maintain all parts of its system
in good condition and in accordance with standards
generally observed by the cable television industry.
Sufficient employees shall be retained to provide
safe, adequate and prompt service for all of its
facilities.
(b) Maintain a conveniently loc~ted
business office and service center to which
subscribers may telephone without incurring added
message units or toll charges. This office shall be
open during all usual bUSiness hours, and be so
operated that complaints and requests for repairs or
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adjustments may be received by telephone at any time
when any television signals are being broadcast.
(c) Dispatch personnel to investigate
all service complaints and equipment malfunctions
w~thin 24 hours and strive to resolve such complaints
as promptly as Possible. Planned interruption of
service shall be only for good cause. Insofar as
Possible, planned service interruptions shall be
preceded by notice, be of brief duration, and OCCur
during minimum viewing hours.
(d) Maintain a complete list of all
complaints received and the measures taken to resolve
them in form to be approved by Agency. This list
shall be available to the Agency upon request.
(e) Permit the Agency to inspect and
test the systemrs technical equipment and facilities
upon reasonable notice.
(2) The grantee may be assessed the fOllow-
ing penalty for failures lasting longer than 24 hours
if it is determined by the Agency that the length of
such failure was not due to an act of God or cir-
cumstances beyond the control of the grantee: One
Dollar ($1.00) per affected subscriber per day, or
any portion thereof. Such penalty is to be distribute
equally between the affected subscriber and the
Franchise Entity. The affected subscriber shall
receive credit on the next month's billing following
such railure and the Franchise Entity shall be paid by
the tenth (10th) day of the next month following such
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failure for its total pro-rata portion of the penalty.
The total penalty shall not exceed One Thousand
Dollars ($1,000.00) per day for such failure.
(3) Responsibility for the administration
of any franchise granted hereunder and for the
resolution of all complaints against a grantee regard-
ing the quality of service, equipment malfunctions,
and similar matters, is hereby delegated to the Agency
which is empowered, among o~her things, to adjust,
settle, or compromise any controversy arisin~ from
operations of the grantee either on behalf of the
Franchise Entity, the grantee, or any subscriber, in
accordance with the best interest of the public;
provided that any person aggrieved by a decision of
the Agency may appeal the matter to the Franchise
Authority for hearing and determination. The Franchis
Authority may accept, reject, or modify the decision
of the Agency and may adjust, settle, or compromise
any controversy arising from the operations of the
grantee under any franchise granted pursuant to this
Ordinance. No adjustment, settlement, -or compromise,
whether insti tuted by the Agency or by the FOranchise
Authority shall be contrary to the provisions of this
'Ordinance or of the franchise agreement, and neither
the Agency nor the Franchise Authority, in the
adjustment, settlement, or compromise o~ any
controversy shall have the right or authority to add
to, modify, or delete any provision of this Ordinance
or of the Franchise. The grantee shall notify
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subscribers at the time of initial subscription to the
system of the procedure for reporting and resolving
complaints by delivering to each subscriber a ,notice
in form approved by Agency.
Section 11. Filings and Communications
with Regulatory Agencies. Copies of all petitions,
applications and communications submitted by the
grantee to the FCC, Securities and Exchange
Commissio~ or any other federal or state regulatory
commission or agency having jurisdiction in respect
to any matters affecting a CATV system in the Franchis
Entity, shall also be submitted simultaneously to the
Franchise Authority.
Section 12. Conditions on Street Occupancy.
(1) Any pavements, sidewalks, curbing or
other area taken up or any excav~tions made by a
grantee shall be done under the supervision and
direction of the Agency under permits issued for work
by the proper officials of the Franchise Entity, and
shall be done in such manner as to give the least
inconvenience to the inhabitants of the Franchise
Entity. A grantee shall, at its own cost and expense,
and in a manner approved by the Agency, replace and
restore any such pavements, sidewalks, curbing or
other paved areas in as good a condition as before the
work involving such disturbance was done, and shall
also make and keep full and complete plats, maps and
records showing the exact locations of its facilities
located within the public streets, ways, and easements
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(3) A grantee shall, on the request of any
person holding a building moving permit issued by the
Franchise Entity, ~emporarily raise or lower its wires
to permit the moving of bUildings. The expense of
such temporary removal or raising or lowering of wires
shall be paid by the person requesting same,. and the
grantee shall have the authority to require such
payment in advance. The grantee shall be given not
less than 48 hours' advance notice to arrange for
such temporary wire changes.
(4) A grantee shall have authority to trim
the trees upon and overhanging the public streets So
as to prevent the branches of such trees from coming
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in contact with the wires and cables of the grantee,
except that, at the option of the Franchise Authoiity,
such trimming may be done by it or under its super-
vision and direction at the expense of the grantee.
(5) In all sections of the Franchise Area
where the cable, wires, or other similar facilities of
public utilities are placed underground, the grantee
shall place its cables, wires or other like facilities
underground to the maximum extent that existing
technology reasonably permits the grantee to do so.
Section 13. Construction.
(1) A grantee shall extend the installation
of cables, amplifiers, and related equipment through-
out the area covered by its franchise as rapidly as
practicable, but, in any event, shall:
(a) File for certification with the
FCC within "thirty (30) aays after accepting its
franchise.
(b) Begin engineering studies within
sixty (60) days after accepting its franchise.
(c) Begin awarding contracts within
180 days after receiving certification from ~he FCC.
(d) Begin construction of its proposed
system within six (6) mcnths after receiving
certification from the FCC.
(e) Begin rendering service to
subscribers within one (1) year after receiving
certification from the FCC.
(f) Complete construction of forty
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(40%) percent of its proposed system (measured In
terms of total linear strand miles) within two (2)
years after receiving certification from the FCC, and
complete an additional twenty (20%) percent each year
thereafter so that after four (4) years the entire
system shall be substantially constructed and the
grantee 'capable of providing service no more than
sixty (60) days after receiving an application for
service to every dwelling unit within the franchise
area except to the extent that density of homes,
adverse terrain, or other factors render making
service available impracticable. For the purposes
of determining compliance with the provisions of
this subparagraph (f), and to provide a reasonable
po~icy requiring extension of energized trunk lines
of the cable system within the franchise area so as
to achieve compliance with the obligations imposed
by this section, grantee shall extend such lines
to all areas of the franchise area having a minimum
of fifty (SO) homes per contiguous street mile.
(g) File a map and progress report with
the Agency at the close of each calendar year, showing
the exact areas of the Franchise Entity being served
by the cable television system and the location and
identification of major component parts of the system.
(2) Failure on the part of a grantee to
commence and diligently pursue each of the foregoing
requirements and to complete each of the matters set
forth herein, shall be grounds for termination of its
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franchise pursuant to the terms of Section 4(2)
hereof; provided, however, that the Franchise
Authority may in its discretion extend the time for
the commencement and completion of construction and
installation for additional periods in the event that
grantee, acting in good faith, experiences delays
by reasons of circumstances beyond its control.
(3) In the event the operation of any part
of a cable television system is discontinued for a
continuous period of twelve (12) months, or in the
event such system has been install~d in any public
street without complying with the requirements of the
grantee's franchise, the grantee shall pomptly, upon
being given ten (10) days' notice, remove from the
streets or public places all such property and poles
of such system. Any property which the grantee allows
to.remain ih place sixty (60) days after having been
notified by the Franchise Entity that it must be
removed shall be considered permanently abandoned and
shall become the property of the Franchise Entity
subject to the provisions of any utility joint use
attachment agreement.
(4) Upon the failure of a grantee to
satisfactorily complete any work upon the publi~
streets as may be required by law or the terms of its
franchise within the time prescribed, the Franchise
Entity, at its option, may cause such work to be done
and the grantee shall pay to the Franchise Entity the
cost thereof within thirty (30) days after receipt of
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an itemized report.
Section 14. Indemnity Bond.
(1) Concurrently with the acceptance of its
franchise, a grantee shall file with the Agency a
nermanent payment and performance bond with surety
acceptable to the Franchise Authority in an amount to
be determined by the Franchise Authority to be
sufficient to indemnify the Franchise Entity against
any losses it may suffer in the event the grantee
fails to comply with one or more of the provisions of
its franchise. Said bond shall be obtained at the
sole expense of the grantee and remain in effect for
the full term of the franchise or any renewal thereof
plus an additional six (6) months thereafter. The
grantee and its surety shall be jointly and severally
liable under the terms of the bond for any damages or
loss suffered by the Franchise Entity as a result of
the grantee's nonperformance, including default, plus
a reasonable allowance for attorneys' fees and costs,
up to the full amount of the bond. The bond shall
provide for thirty (30) days' prior written notice to
the Agency of any intention on the part of the grantee
to cancel, fail to renew, or otherwise materially
alter its terms. Neither the filing of an indemnity
bond with the Agency, nor the receipt of any damages
recovered by the Franchise Authority thereunder, shall
be construed to excuse faithful performance by the
grantee or limit the liability of the grantee under
the terms of its franchise for damages, either to the
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full amount of the bond or otherwise.
(2) Within thirty (30) days after the award
of a franchise, grantee shall file with the Agency a
construction bond with a surety acceptable to the
Franchise Authority, or cash in lieu of a bond, in an
amount equal to One Hundred (100%) percent of the
estimated CATV system construction cost to indemnify
the Franchise Entity against any losses it may suffer
in the event the grantee fails to complete on time
each construction phase of the CATV system. Said
bond shall be obtained at the sole expense of the
grantee and remain in effect for the time of
construction. Said bond shall be reduced by the
Franchise Authority in increments to be based upon
the timely completion of each phase of the CATV
system following approval by the Agency. The grantee
and its surety shall be jointly and severally liable
. under the terms of the bond for any damages or losses
suffered by the Franchise Entity as a result of the
grantee's nonperformance, including the full amount
of any compensation, indemnification or cost to cure,
plus a reasonable allowance for attorneys' fees and
costs, up to the full amount of the bond. The bond
shall provide for thirty (30) days'prior written
notice to the Agency of any intention on the part of
the grantee to cancel, fail to renew, or otherwise
materially alter its tprms. Neither the filing of
an indemnity bond with the Agency, ner the receipt of
any damages by the Franc.hise-';,.....Aut.hori ty thereunder,
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shall be construed to excuse faithful performance and
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timely construction by the grantee, or limit the
liability of the grantee under the terms of its
franchise for damages, either to the full amount of
the bond or otherwise.
Section 15. Franchise Payments.
(1) Any person awarded a franchise under
this Ordinance shall pay to the Franchise Entity, each
year during the life of the franchise, a franchise fee
in a percentage amount, to ne specified in the
franchise agreement between the Franchise Authority
and the grantee, of its annual Gross Revenues derived
from its operation of the franchised cable television
system within the Franchise Area limits. The amount
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of any application fee shall be a credit against the
first year's franchise fee. Should FCC Rules be
amended to allow the imposit~on of additional or
increased franchise fee charg~s upon grantees, this
provision of the Ordinance and of any franchise issued
thereunder, may, after public hearing, be so amended.
(2) A grantee shall file with the Agency,
within ninety (90) days after the expiration of any
calendar year or portion thereof during which its
franchise is in force, a financial statement certified
'by a responsible officer of the grantee, showing in
detail the Gross Revenues, as defined herein, of the
grantee during the preceding calendar year or portion
thereof. It shall be the duty of the" grantee to pay
the Franchise Entity within fifteen (15) days after
the time for filing such statement, the sum prescribed
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(a) Assure confidence in grantee's
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financial soundness;
(b) support its credit and attract
necessary capital under efficient and economical
management;
(c) provide a return to equity owners
commensurate with current returns on investment in
other enterprises having corresponding risks.
(3) No rate established shall afford any
undue preference or advantage among subscribers, but
separate tates may be established for separate classes
of subscribers and rates may reflect the increased
cost of providing service to isolated or sparsely
populated areas.
(4) Changes in established rates shall be
made upon authorization of the Franchise Authority.
Should grantee desire to change any rate or rates, it
shall file a petition with the Franchise Authority at
least ninety (90) days prior to the proposed date of
change. The petition shall detail the proposed
changes and set forth the reason changes are desired.
Upon receipt of a petition for rate change, the
Franchise Authority shall schedule and publish notice
of a public hearing on the matter to be held within
sixty (60) days from date of receipt of petition. At
the public hearing, all interested parties shall be
heard. Evidence shall be taken and received on all
of the elements necessary to be considered in
determining the reasonableness of the proposed rates,
including the return experienced by the Company on its
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investment. Thereafter, the Franchise Authority shal
decide the matter by a majority vote and render a
written decision approving, disapproving or modifying
the proposed rate changes. The decision shall set
forth complete findings of fact and conclusions
regarding all of the basic elements considered in
determining the rates, as set forth above.
(5) If no decision is rendered by the
Franchise Authority within ninety (90) days after
receipt of petition for change of rate, grantee may
institute the proposed changes upon an interim basis.
Rates charged on an interim basis shall be conformed
to the decision of the Franchise Authority when
rendered. If requested by the Franchise Authority,
the grantee shall post a security bond on an accept~
able surety company to guarantee any adjustments or
refunds that may be required.
(6) Should the Franchise Authority; desire
to review rates, it shall schedule a public hearing
for that purpose at which grantee and members of the
public shall be heard. At least thirty (30) days'
notice of such a hearing shall be provided.. Any
decision by the Franchise Authority to change rates
after such hearing shall be rendered in writing and
state the reasons therefor.
Section 17. Termination of Service.
(1) Upon termination of service to any
subscriber, a grantee shall promptly remove all its
facilities and equipment from the premises of such
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subscriber upon his request.
(2) If the licensee terminates services to
a subscriber of less than three (3) years without
good cause or because the licensee ceases to operate
a CATV business authorized hereunder for any reason
except expiration of a license granted hereunder, the
licensee shall refund to such subscriber that portion
of the initial tap-in and connection charge paid by
the subscriber representing the unused remainder of
tl!e three (3) year period, determined by prorating
the date of notice of termination on a month-unit
basis.
Section 18. Publi~ Service Requirements.
A grantee shall:
(1) Provide at least one .service outlet to
all county facilities ~nd public schools within its
franchise area at no cost to the Franchlse Entity or
school involved, and shall charge only its time and
material costs for any additional services outlets to
such facilities.
(2) Make its facilities immediately
available to the Franchise Entity upon request
during the course of any emergency or disaster.
Section 19. Amendment of Ordinance and
Franchises. The Franchise Authority shall amend this
Ordinance, and any franchise issued hereunder, upon
its own motion or the application of a grantee when-
ever amendment is necessary to enable a grantee to
utilize new developments in television or radio signal
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transmission which would improve an~ update caL~e
television service in the Franchise Area, or to comply
with any modifications in the Rules of the FCC.
Amendments to Section 76.31 of the FCC Rules will be
incorporated into this Ordinance within one (1) year
of their adoption or at the time of franchise renewal,
whichever comes first. No amendment shall be adopted
except after full, open public hearing affording due
process, and no amendment substantially amending the
existing rights and obligations of the grantee shall
be adopted without grantee's consent.
Section 20. Application Procedures. This
Ordinance itself grants no authority to operate a
cable television system ~o any person. Such grants
are only made by the adoption of a separate ordinance
awarding a specific franchise to an applicant who has
complied with the provisions of this Ordinance.
(1) Any person interested in obtaining a
franchise to operate a cable television system in the
Franchise Area shall submit a written application to
the Franchise Authority together with nonrefundable
application fee of $ 3,500.00 which shall 'contain
the following information:
(a) The name, address and form of
business of the applicant. If the applicant is a
corporation, it shall also state the names, addresses
and occupations of its officers, directors and major
stockholders, and the names and addresses of any
parent or subsidiary companies. If the applicant is
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a corporation controlled by another corporation, the
names, addresses and occupations of the officers,
directors and major stockholders of the controlling
corporation shall also be stated. If the applicant
is a partnership or othe:-: unincorporated association,
the name and address of each member, whether active
or inactive, shall be set -forth, and if one or more
partners are corporations, the names, addresses and
occupations of such corporation's officers, directors
and major stockholders shall also be stated.
(b) A list of all other cable
television systems, if any, in which the applicant
(or any partner or major stockholder of applicant)
has a substantial interest, stating the location,
approximate number of homes served, and the name and
address of the franchising body.
(c) A thorough description of the
proposed cable television system to be installed and'
operated; the manner in which the applicant proposes
to contract, install, maintain and operate the same;
and the extent and manner in which existing or future
poles or other facilities of public utility 'companies
will be used in the proposed system, together with a
map or maps d~lineating proposed service areas if the
applicant proposes to serve less than the entire
Franchise Entity.
(d) A schedule of proposed rates and
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(2) No application for a franchise shall be
accepted by the Franchise Authority until it has
published its intention to award such a franchise or
franchises and solicited the filing of applications.
Applications shall then be accepted from all
interested parties for a period of sixty (60) days;
but none shall be accepted thereafter.
(3) The Franchise Authority shall then:
(a) specify a date, not less than
thirty (30) days nor more than sixty ,(60) days
following the expiration of the filing period, upon
which all bona fide applicants (those paying the
prescribed fee, filing complete applications, and
responding to all proper inquiries) shall participate
in a public.hearing before the Commission;
(b) specify a public place where
interested parties may inspect all such bona fide
applications.
(4) After hearing the evidence, opinions
and representations of all interested parties,
including members of the public, the Franchise
Authority shall then render a decision awarding a
franchise to one or more applicants (or rejecting
all applicants if none is found qualified) based
upon its findings as to the relative qualficiations
of the applicants to render satisfactory CATV service. I
The Commission's decision on all applications shall
be final and conclusive.
Section 21. Renewal Procedures.
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(1) A franchise may be renewed by the
Franchise Authority for a period of up to fifteen
(15) years upon the written request of the grantee
without soliciting additional applications. Such a
renewal request shall be filed at least six (6), but
not more than e~ghteen (18) months prior to the
expiration of the franchise and shall be accompanied
by a nonrefundable application fee of $_3,500.00
A renewal request may propose modifications in the
terms of a grantee's franchise which shall be
considered by the Franchise Authority, but in any
case, the Franchise Authority may, upon its own
motion, modify the terms of a grant~e's franchise
subject to the conditions set forth in paragraph
(2) below.
(2) Upon receipt of a request for a renewal
of a franchise, the Franchise Authority shall schedul
a public hearing on the matter, giving at least thirt
(30) days' notice of such hearing and any franchise
modifications proposed by either the grantee or the
Franchise Authority. After hearing all of the
evidence, opinions and representations, the" Franchise
Authority shall then render a decision to renew or
not to renew the grantee's franchise, and if th~
former course is taken whether or not its franchise
should be modified in any way. A grantee shall file
its acceptance of a renewal franchise within thirty
(30) days after it is offered by the Franchise
Authority and upon failure to do so shall be
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conclusively presumed to have consented to the
expiration of its franchise.
(3) In the event of nonrenewal or
termination of a franchise, the Franchise Entity
hereby agrees to purchase, or to require any
successor grantee to purchase, grantee's facilities
at a cost not to exceed its then fair market value,
with a reduction for any uncompensated damages
incurred by the Franchise Entity in connection with
the grantee's operation. If such fair market value
cannot be agreed upon by the parties, it shall be
determined by a three-member Arbitration Panel, one
member to be selected by the Franchise Authority,
one by the franchisee, and the third member by the
two members first named. The parties shall divide
the expenses of arbitration evenly among themselves.
.(4) Existing franchises issued prior to the
adoption of this Ordinance and renegotiated to comply
with this Ordinance shall be treated as franchise
renewals insofar as procedural matters are concerned.
Section 22. Continued Us~ of Individual
Antennas Protected. It is not the Franchise
Authority's intention to prohibit the erection or
continued use of individual television antennas, and
no one is or will be required to receive cable
television service or connect with a cable television
system.
Section 23. Grantee May Promulgate Rules.
A grantee shall have the authority to promulgate such
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rules, regulations, terms and conditions of its
business as shall be reasonably necessary to enable
it to exercise its rights and perform its services
under this Ordinance and the Rules of the FCC, and to
,~ssure uninterrupted service to each and all of its
subscribers. Such rules and regulations shall not be
deemed to have the force of law.
Section 24. Delegation of Powers. Any
delegable right, power or duty of the Franchise
Authority, the Franchise Entity, the Agency, or any
official of the Franchise Entity maybe transferred
or delegated by resolution to an appropriate officer,
employee, or department of the Franchise Entity.
Section 25. Notice. Every direction,
notice, or order to be served upon a grantee shall
be sent to the local office described in Section 9(2),
supra. Every notice to be served upon the Franchise
Entity shall be delivered, or sent by certified mail
to the Agency at 315 Haven Street, Clearwater,
Florida 33516. The delivery of such notice shall
be deemed to have been at the time of receipt.
Section 26. Rights and Remedies are -
Cumulative. The rights and remedies reserved to the
parties by this Ordinance are cumulative and shall
not add or subtract from any other rights or remedies
which they may have with respect to the subject
matter of this Ordinance, and a waiver thereof at
any time shall not affect any other time.
Section 27. Right of Franchise Entity to
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Intervene. The Franchise Entity hereby reserves to
itself the right to intervene in any suit, action, or
proceeding involving any provision of this Ordinance.
Section 28. Severability. If any section,
subsection, sentence, clause or phrase of this
Ordinance, or the particular application thereof,
shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction,
the remaining sections, subsections, sentences,
clauses or phrases and the1r application, shall not
be affected thereby.
Section 29. E~fectiv~ Date. This Ordinance
shall become effective upon acknowledgment from the
Secretary of State that the Ordinance has been duly
filed.
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.' .STATE OF FLORIDA
COUNTY OF PINELLAS
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I; HAROLD MULLENIX>RE, Clerk of the Circuit Court and
Ex-officio Clerk to the Board of County Commissioners, in and for the
State and County aforesaid, DO HEREBY CERTIFY that the above and
foregoing is a true and correct copy of an Ordinance adopted by the
Board of County Commissioners of Pinellas County, Florida on Tuesday
Februarv 20. 1979 r~lative to:
PINELLAS COUNTY ORDINANCE NO. 79-4
AN ORDINANCE TO BE KNmm AS THE "pmELLAS COUNTY CABLE TELEVISION
ORDINANCE 1\; PROVIDD{G DEFmITIONS; PROHIBITING THE CONSTRUCTION,
OPERATION OR l-1AINTENANCE OF A CA3LE TELEVISION SYSTE!.f WITHOUT
FRANCHISF~ PROVIDING PENALTIES; PROVIDING THE TERl.f OF FRANCHISE;
ESTABLISHING A CABLE TELEVISION SYSTEI.f AGENCY; PROVIDING FOR
LI1UTATIONS OF FRANCHISES; PROVIDING FOR LIABILITY AND INDEl~IFICATION
REQUIREl.IENTS; PROVIDING FOR TECHnICAL REQ.UIREHENTS AND CHANNEL
CAPACITY; PROVIDING FOR SERVICE STANDARDS, BUSINESS OFFICE AND
RESOLUI'ION OF COHPLAINTS; PROVIDING FOR FILINGS AND CONNUNICATION
WITH REGULATORY AGENCIES; PROVIDING FOR CONDITIONS ON QTREET OCCUPANCY;
PROVIDING FOR CONSTRUCTION REQUIREl{ENTS; PROVIDING FOR AN INDE!.fNITY
BOND; PROVIDING FOR FRANCHISE PATI1ENTS; PROVIDING FOR PATES CHARGED
TO SUBSCRIBERS; PROVIDING FOR TEro~INATION OF SERVICES; PROVIDING FOR
PUBLIC SERVICE REQUIREHENTS; PROVIDING FOR Al{ENDHENT OF ORDINANCE AND
FRANCHISES; PROVIDING FOR APPLICATION PROCEDURES; PROVIDING FOR RENEWAL
'PROCEDURES; PROVIDING FOR CONTINUED USE OF INDIVIDUAL ANTENNAS;
AUTHORIZING GRANTEE TO PRO!~GATE RULES; PROVIDING FOR DELEGATION OF
POWERS; PROVIDING FOR NOTICES; PROVIDING FOR RIGHTS AND RE~ffiDIES;
PROVIDING FOR RIGHT OF FRANCHISE ENTITY TO INTERVENE; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
IN WIT!{ESS WHEREOF, I hereunto set my hand and official
seal this
20th
day of February
, 19 79 .
HAROLD MULLENOORE
Clerk of the Circuit Court and
Ex-officio Clerk to the Board
of County Commissioners
By~4~
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