HomeMy WebLinkAboutCity of Tamarac Ordinance O-1994-0151
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-9f -- /,57
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, REGARDING NON-
EXCLUSIVE FRANCHISES FOR A CABLE TELEVISION
SYSTEM GRANTED FOR OPERATION, CONSTRUCTION
AND MAINTENANCE OF CABLE TELEVISION SYSTEMS
IN THE CITY OF TAMARAC, FLORIDA; REVISING THE
PROCEDURES AND REQUIREMENTS RELATING TO
CABLE TELEVISION FRANCHISES TO REFLECT
CHANGES IN APPLICABLE LAW AND TO BETTER
ENSURE THAT USE OF CITY STREETS BY CABLE
SYSTEMS SERVES THE PUBLIC INTEREST; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, based on the enactment of the Cable Television Consumer
Protection and Competition Act of 1992, recent court precedent
construing the scope of municipal regulatory authority over cable
television franchises granted in their jurisdiction, and applicable changes
and developments in cable television technology and services; and
WHEREAS, American Cable Systems of Florida, Ltd., doing business
as Continental Cablevision is the holder of a non exclusive cable
television franchise pursuant to City of Tamarac Ordinance No 73-36, 83-
39 and amendments thereto and such franchise expires in 1999; and
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Temp. Ord. #1693
July 27,
1994
Revision #1 September 23,
1994
Revision #2 September 28,
1994
Revision #3 October 3,
1994
Revision 44 October 11,
1994
WHEREAS, The City of Tamarac has been approached by operators
expressing interest in obtaining a franchise to operate a cable system in
the City; and
WHEREAS, the City Commission of the City of Tamarac has deemed
the award of an additional non-exclusive cable television franchise(s) is
in the best interest of the citizens and residents of the City of Tamarac;
and
WHEREAS, the City Commission of the City of Tamarac, Florida,
deems it necessary to amend the Tamarac Code to take into account the
afore -described changes and developments and to better ensure that use
of City streets by cable systems serves the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific
part of this Ordinance upon adoption hereof.
Section 2: The Tamarac Code is hereby amended by creating a
section to read as follows:
ection 2. 1: Short title.
This Ordinance shall be known and may be cited as City of Tamarac
Florida Cable Television Ordinance.
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
Section 2.02: Definitions.
For the purpose of this Ordinance the following terms phrases,
words and their derivations shall have the meanings given herein. 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 include the plural number. The words "shall"
and "will" are mandator and "may" is permissive. Words not otherwise
defined herein or in any franchise agreement that might be granted
hereunder shall be aiven the meanina set forth in the Cable
Communications Policy Act of 1984 47 U.S. 521 et se and the Cable
Television Consumer Protection and Qompetition Act of 1992, Pub. L. N .
102-385 106 Stat. 1460 and as those Acts may hereinafter be amended
collectivel th "Cable Act" and if not defined therein their common
and ordinary meaning.
A. "Access channel" means any channel on a cables stem
set aside without charge by the franchisee for public, educational and/or
local governmental use.
B. "Affiliate" means any person which directly or indirect)
owns or controls a arantee or franchisee any person which a grantee or
franchisee directly or indirectly owns or which it controls or anperson
under common ownership or control with a grantee or franchisee.
C. "Applicant" means any p erson submitting an application
within the meaninci of this Ordinance.
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D. "Application" means any proposal, submission or_ request to
(1) construct and operate a cable system within the City; (2) transfer a
franchise or control of the franchisee 3 renew a franchise- 4 modify- a
franchise, or 5 seek any other relief from the City pursuant to this
Chapter, a franchise agreement, the Cable Act or other applicable law. An
application includes an applicant's initial proposal, submission or request,
application fee as well as any and all subsequent amendments or
supplements to the proposal and relevant correspondence`
E. "Basic Cable ,_service" or Basic Service" means any
service tier which includes the retransmission of local television
broadcast signals, and public, educational or governmental access
channels.
F. "Cable Act" means the Cable Communications Policy Act of
1984 47 U.S.C. §§ 521 et seg., and the Cable Television Consumer
Protection and Competition Act of 1992 Pub. L. No. 102-385, 106 9tat.
14 and as those Acts ma hereinafter be amended.
G. "Cable service" means the one-way transmission of video or
other programming services over a cable system to subscribers together
with any subscriber interaction if any, which is required for the selection
of such programming services.
H. "Cable system, "cable television system, o r
"system,' means a facility, consistin ` of a set of closed transmission
paths and associated signal generation, reception and control equipment
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Temp. Ord. #1693
July 27, 1994
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that is desi ned to provide cable service which includes video
programming and which is provided to multiple subscribers within the
City. Such term dos not include a a facility that serves only to
retransmit the television signals of one 1 or more television broadcast
stations b a facilitY that serves only subscribers in one 1 or more
multiple unit dwellings under common ownership, control or management,
unless such facility uses any public right of way, c a facility of a
common carrier that is sub'ect in whole or in part, to the provisions of
Title II of the Communications Act of 1934 47 U.S.C. 201 et seq., exce t
that such facilitv will be considered a cable system to the extent it is
used in the transmission of video programming, whether on a common
carrier or non -common carrier basis directly to subscribers d an
facilities of any electric utility used solely for operating its electric
utilit s stems• or a any facility used for the provision of telephone
service. The foregoing definition of "cable system" shall not be deemed to
circumscribe the valid authority of the City to regulate the activities of
any other communications system or provider of communications services.
1. "City' means the City of Tamarac, a municipal corporation _ of
the State of Mdrida in its present inc r orated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
J. "Control of a franchisee, grantee or applicant" means
possession of the ability to direct 'or cause the direction of the
management or policies of a franchiseegrantee or applicant, or the
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operation of a franchisee's system, either
directly or indirectly, whether
through ownership of voting securities, by
contract or understanding, or in
any other manner.
K. "Fair market value" means
the price that a willing buyer
would pay to a willing seller for a goina
concern but with no value
allocated to the franchise itself.
L. "FGQ" means the Federal Communications Commission, or any
successor governmental entity thereto.
M . "Franchise" means the rinht
granted by the amity to a
franchisee in a franchise agreement or applicable
ordinance to construct
maintain and o era e a cables stem under,
on and over Streets roads and
any other public was rights -of -ways,
or easements within all or
specified areas of the City. The term dogs
not include any license or
permit that may be required by this Chapter or other laws ordinances or
regulations of the City for the privilege of
transacting and carrying on a
business within the City or for disturbing or carrying out any work on an
Street.
N. "Franchise agreement" means a contract entered into in
accordance with he provisions of this Ordinance between the City and a
franchisee that sets forth the terms and
conditions under which the
franchise will be exercised.
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0. "Franchisee" means any person granted a franchise pursuant
to this Ordinance who has entered into an Agreement of Acceptance of
Franchise with the City.
P. "Grantee" means any person„ granted a franchise pursuant to
this Ordinance.
"Gross revenues" means all revenues recocinized directly or
indirectly by the franchisee (and, to the extent applicable, its affiliates,
subsidiaries, parent or any person in which the franchisee has a financial
interest from any source_ whatsoever arising from, attributable to, or in
any way derived from the sale or exchange of cable services or other
services or the operation of a cable system by the franchisee within___the
it Gross revenues includes but is not limited to fees charged
subscribers for basis service; fees charged subscribers for any_ optional,
premium, per -channel,„ per -program, or per -view service: fees charged
subscribers for any tier of service other than basic service, installation
disconnection, reconnection and changg-in-service fees; _leased access
fees,_ late_ -payment fees; fees, payments or other consideration from
programmers for carriage of programming on the s stem, revenue from
converter rentals or sales: revenues from studio and studio equipment
rental, advertisinci revenues allocable to the Qity based on a percentage of
subscriber base in the City divided by the subscriber base of the system.
Such percentage will then be multi lied by the systems' total advertising
revenue to determine the allocable aross revenue stemmina from
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advertisin , revenues from home shopping channels allocable to the City,
provided that where certain home shopping channel revenue is allocable to
more than one franchise area due to common zip codes, the franchise will
allocate the percentage of revenue to the City which is equivalent to the
ercenta a of the Cit 's population divided by the total population for the
allocable franchise areas in question,• and the sale exchange or cablecast
by the franchisee of any programmingdeveloped on or for access channels
or institutional users. Gross revenues shall be the basis for computing
the franchise fee imposed pursuant to Section 2.17 hereof. Gross revenues
shall not include any taxes on services furnished by the franchisee which
are imposed upon any subscriber or user by the state county, City or other
overnmental unit and collected -by the franchisee on behalf of said
governmental unit and which the franchisee passes on in full to the
applicable tax authority or authorities(provided, however, that the
franchisee fee shall not be considered such a tax).
R. "Institutional Network" means a voice data and/or vid o
communications system constructed operated and/or maintained by the
franchisee for the City, the transmissions on which are generall
available only to" and intended to be sent and received by, persons other
than cable subscribers generally.
S. "Interconnection" means the electronic connection of two or
more cable systems for the _purpose of sharing access channel
programming or other signals.
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T. "Law" means all -duly enacted and applicable federal state
county and City laws ordinances codes rules regulations and orders.
U. "Leased access channel" means a channel designated in
accordance with Section 612 of the Cable Act, 47 U.S.C. § 532, for
commercial use by persons unaffiliated with the franchisee.
V. "Overbuild" means a cable system constructed to serve
subscribers in an area of the City actually served by an existing
franchised cable system.
W. "Person" means any individual,,, corporation, partnership,
association, joint venture, organization or legal entity of any kind, and any
lawful trustee, successor, assignee, transferee or personal representative
thereof, but shall not mean the City.
X. "Service Tier" means a category of cable service provided b
a franchisee and for which a separate charcle is made by the Franchisee.
Y. "Street or Streets means the surface, the air space . above
the surface and the area below the surface of an ublic street highway.
road, boulevard. concourse, driveway, freeway, thoroughfare, parkways
sidewalk, bridge, tunnel, park waterway, dock, bulkhead_, wharf, pier,
court lanepath', alley, way, drive circle easement or any other public
right-of-way or public place, including public utility easements dedicated
for compatible_ uses, or any other property in which the City holds any kind
of property -.interest or over which theSity exercises any type of lawful
control and any temporary or permanent fixtures or improvements located
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thereon as may be ordinarily necessary and pertinent to construct and
operate a cable system.
Z. "Subscriber" means any person who lawfully receives cable
service delivered over the cable system.
AA. "Subscriber base" means the total number of residential and
commercial subscribers within the City. For purposes of calculating
subscribers under bulk contracts the franchisee shall count each
subscriber served as one subscriber. Franchisee shall not use any
equivalency measures including calculation based on market rate.
BB. "System malfunction" means any cable system eguipme�
facility „ or signal failure or malfunction that results in the loss of
satisfactory serviceon one or more channels to one or more subscribers.
A malfunction is. major if it affects eleven (11) or more subscribers.
CC. "Transfer of a franchise" means any transaction in which
1 an ownership or other interest in a franchisee or its cables stem is
transferred from one person or group of persons to another person or group
of persons so that control of a franchisee is transferred: or 2 the rights
and/or obligations held by a franchisee under a franchise agreement are
transferred or a "si ned to another person or group of persons. A transfer
is"Pro forma" when it involves a transfer to an affiliate or subsidiary of
the franchisee and will not result in a substantial change in the ultimate
ownership or control of the franchisee.
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DD. "Two-way capability" means the incorporation into a cable
system of all appropriate design and engineering characteristics and
features so that two-way transmission, including addressability, over the
system can be implemented and activated.
EE. "Video channel or channel"_ means a portion of the
electromagnetic frequency spectrum which is used in a cable _ system and
which is capable of delivering television channel, including _the
associated audio signal, as television channel is defined by the FCC by
regulation or otherwise.
Section 2.03: Intent and Purposes.
A. It is the intent of the City and the purpose of this _ Chapter to
promote the public health safety, and general welfare by providingfor the
grant of one or more franchises for the construction and _ operation of a
cable television system(s) within the City, to provide for .the regulation,
to the extent provided for by law, of each cable television. system within
the City in the —public interest,• to provide for the payment of fees and
other valuable consideration by a franchisee to the City for the use of
Streets or Ri hts of Way by its cable television s stem: to promote the
widespread availability --of .-guality cable service to City residents and
businesses the City, and other public institutions: to encourage the
development of cable and other communications technologies and cable
systems as a means of communication k5etween and among members of the
public, City businesses the City, and other public institutions; to promote
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competitive cable rates and services: to promote the safe and efficient
use of City Streets-, to enhance and maximize the communicative potential
of Streets used by cablesystems: and to encourage the provision of a
diversity of information sources to City residents businesses the
community, the City, and other public institutions b cable technology.
B. Recoanizing the continuing development of communications
technology and uses it is the policy of the City to encourage
experimentation and innovation in the development of cable television
system uses services programming and techniques that will be of general
benefit to the community to the extent all such experiments and
innovations are consistent with applicable laws.
C. Notwithstanding anything to be contrary, it is the intent of the
City and the purpose of this ordinance that.any cable franchises granted,
modified transferred or renewed on or after the effective date of this
Ordinance be subject to terms and conditions no more favorable and no
less burdensome than those terms and conditions applicable to franchises
ranted prior to the date hereof. Moreover, to the extent that this
Ordinance contains terms and conditions more burdensome than those
applicable to franchises granted prior to the date hereof, such terms and
conditions are applicable to such franchises only to the extent ermitted
by state and federal law.
D. The City hereby reserves the right to modify any franchise
ranted pursuant to this Ordinance to incor orate any_incremental terms
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or conditions applicable to any franchise granted -prior to the effective
date hereof as a result of any modification transfer or renewal of said
franchise.
E. No person ma construct or operate a cable system or an
other communications transmission facility for the purpose of providing
non -cable services includina, but not limited to telephone service in the
City without specific authorization from theCit ommission for such
non -cable services.
Section 2.04: Grant of authorit • franchise required.
A. The City may r nt one or more franchises in accordance with
this Ordinance.
B. No person may construct or operate a cable system or any
other communications transmission facilities over, on, or under public
streets or ri hts of way in the City without a franchise granted by the
City unless otherwise authorized by law, and no person may be granted a
franchise without having entered into a franchise agreement with the City
pursuant to this Ordinance:
Section 2.05: Franchise characteristics.
A. A franchise authorizes use of City and Rights of Way
for installing cables, wires, lines, optical fiber, underground conduit,
ducts, conductors., amplifiers, vaults, and other facilities _ as necessary
and pertinent to operate„ a cable television system within a_ specified area
of the City, but does not �expressly_ or implicitly authorize the franchisee
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to provide service to or install cables wires lines underground
conduit,
or any other equipment or facilities upon private property,.
without owner
consent (except for use of compatible easements pursuant
to Section 21
of the Cable Act 47 U.S.C. 541 a 2 r to use publicly or privately
owned conduits with ut a separate agreement with the owners.
_ B. A franchise is nonexclusive, and will not expressly or
implicitly reclude the issuance of other franchises to
operate cable
television systems within the City, or affect the Cit 's right
-to authorize
use of City treets Rights of Way to other persons to
operate cable
systems or for other purposes as it determines appropriate
C. All privileges prescribed by a franchise shall be
subordinate _ to
any prior lawful occupancy of the Streets or Rights Way,
and the City
�of
reserves the right to reasonably designate where a franchisee's facilities
are to be placed within the Streets or Rights -of Wa .
D. A franchise shall be a privilege which is in the
public trust a n d
_
is personal to the original franchisee. No transfer of a
franchise shall
occur without the prior written consent and adoption of an ordinance of
the Qity Commission and unless application is madeby the
franchisee and
City approval obtained, pursuant to Section 2.25 hereof.
Section 2.06: Franchisee subiect to
police. power.
other laws,
A. A franchisee shall at all times be sub"ect to and shall comply
with all applicable Federal State County and Qify laws. A franchis e
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shall at all times be subject to all lawful exercise of the police power of
the City, the eminent domain power of the City and any other powers
granted the City by the Constitution of the State of Florida.
B. Except as may be specifically rovided in this Ordinance or
under the terms of a franchise a reement and subject to the Cable Act the
failure of the City, upon one or more occasions to exercise a right or to
require compliance or performance under this Ordinance or a franchise
acireement shall not be deemed to constitute a waiver of such right or a
waiver of compliance or performance.
C. All subsequent franchise agreements issued as a result of this
rdinance shall at all times be subject to and shall comply with all
applicable Federal St,ate.,County and City laws.
Section 2.07: Interpretation of franchise terms.
A. The provisions of Ordinance Nos. 73-36 and - 9 shall
continue to apply to any f ranch ise-,-a ranted prior to the date of this
Ordinance however, such ordinance is hereby amended by Section 2.19 to
the extent permitted by FCC rules and regulations.
B. The -provisions of this Ordinance shall apply to all franchises
granted on or after the effective date hereof, including awards of initial
franchises modifications transfers or renewal of franchises ciranted
pursuant to this Ordinance.
C. The provisions of this Ordinance shall apply to any subsequent
franchise acireements, as if fully set forth in the franchise agreement, and
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the express terms of this Ordinance will
prevail over conflicting
or
inconsistent provisions in a franchise agreement unless such franchise
agreement
expresses an explicit intent to
waive a requirement of this
Ordinance.
D.
This Ordinance is not intended
to create private rights of
a
contractual
E.
nature enforceable aciainst the Cit .
Except as to matters which are governed by federal law
or
regulation,
a franchise agreement will be governed
by and construed
in
accordance
with the laws of the State of
Florida. All actions brought
hereunder
shall be brou ht exclusively in
Broward ount Florida
or
where applicable
before the Federal Communications Commission
in
Washington.
D.C.
Section 2.08: Aaplications for grant, renewal,
modification or transfer of franchises.
A. A written cable television franchise application shall be filed
with the City for a rant of a new franchise' b renewal of a franchise
under either the formal or informal procedures in accordance with Section
626 of the Cable Act 47 U. .C. 546' c modification of a franchise
agreement; d a transfer of a franchise Transfers must be approved b
rdinance of the City Commission of the City of Tamarac); -or any other
relief from the City pursuant -to this Chapter or a franchise agreement.
B. To be acceptable for filing. a signed oric
iinal of the application
shall be submitted to ether with five 5 copies, be accompanied by the
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required application filing, fee as set forth in subsection 2.08(I)ereof,
conform to any applicable request for proposals, and contain all required
information. All „applications shall include W the names and addresses of
persons authorized to act on behalf of the applicant with respect to the
application.
C. All applications accepted for filing shall be made available by
the City for public inspection.
D. An application for the grant of a new franchise may be filed
pursuant to a request for proposals or any other form of _public notice
issued by the City or on an unsolicited basis. The City, upon receipt of an
unsolicited application, may issue a reg,uestfor_„proposals or public notice
thgt the City is considering proposals. If the City elects to is ue a
request for proposals upon receipt of an unsolicited a_pplicatioLl, the
applicant may submit an amended application in response to the request
for proposals, or may inform the City that its unsolicited application
should be considered in response to the request for proposals or ma
withdraw its unsolicitedapplication An' application which does not
conform to the requirements of a request for proposals may be considered
nonresponsive and denied on that basis.
E. An application for the grant of an initial franchise shall
contain, at minimum, the following information:
1. Name and address of `the applicant and identificati n of
the ownership and control of the applicant, including: the names and
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addresses of all -persons with five percent 5% or more ownership
interest in the applicant, including the names and addresses of parents.
affiliates__ or subsidiaries holding such ownership interests directly_ or
indirectly;_ the persons who control the applicant; all officers_ and
directors of the applicant; and any other cable system ownership interest
of each named person:
2. An indication of whether the applicant, or any person
controlling -the applicant, or any officer, director or person with five
percent 5% or more ownership interest in the applicant, has been
adjudged bankrupt„had a cable franchise or license revoked, or been found
by- any court or administrative agency to have violated a security or
antitrust law, or to have committed a felony, or any crime involving moral
turpitude; and, if sow identification of any such person and a full
explanation of the circumstances:
3. A demonstration of the applicant's technical, legal and
financial ability to construct and/or operate the proposed cable system,
including identification of key personnel:
_4, A statement prepared bk. a certified public accountant or
duly authorized financial officer of the applicant regarding the a licant's
financial ability to complete the construction and operation of the cable
system proposed:
5. A list of at least three references from banks or other
qualified financial institutions including company name telephone
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number, fax number, address contact person, name and title type of
account and account number.
6. A description of the applicant's prior experience in cable
system ownership, construction and operation, and identification of
communities in which the applicant or any person controlling the
applicant or having more than a five percent 5% ownership interest in
applicant has or has had a cable franchise or license or any interest
therein:
7. Identification of the area of the Cit to be served b the
proposed cable system, including a description of the service area's
boundaries;
8. A description of the h sical facilities proposed,
including channel capacity, performance characteristics, headend, a n d
access facilities u on request, the applicant shall make information on
technical_ design available for inspection:
9. Where applicable, a description of the construction . of
the prggosed s stem including an estimate of plant mileacle and its
location, the proposed,. construction schedule, a description, where
appropriate, of flow services will be converted from existing_ facilities to
new facilities and information on the availability of space- in conduits
including, where appropriate, an estimate of the cost of .any necessary_
rearrangement of existing facilities:
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
10. For informational purposes, the proposed rate structure
including projected charges for each service tier, installation converters
and other equipment or services and the applicant's. ownership interest in
any proposed program services to be delivered over the cablesystem-,
11. A demonstration of how the a licant's proposal will
reasonably -_meet the future cable -related needs and interests of the
community,--includingcommunity,--including a description of how the proposal will meet the
needs described in any recent community needs assessment conducted b
or for the City:
12. Pro forma financial proiections for the first five 5
ears of the franchise term includincl a statement of projected income,
and a schedule of planned capital additions with all significant
assumptions explained in notes or supporting schedules;
13. If an applicant proposes to provide cable service to an
area already served by an existing cable franchisee the identification of
the area where the overbuild would occur, the potential subscriber density
in the area which would encompass the overbuild and the ability of the
streets poles and conduits to accommodate an additional system;
14. -Any other information as may be reasonably necessary to
demonstrate com lia ce with the requirements of this Ordinance and an
other information that the City -may request of the apl2licant that is
relevant to the City's consideration of the application: and
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21
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision 42 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
15. An affidavit or declaration of the applicant or authorized
officer certifying- the truth and accuracy of the information in the
application, acknowledging_ the enforceability of application
commitments and certifying that the proposal meets all federal and state
law requirements.
16. Authorization of the applicant to the City of Tamarac, its
officers,_ agents or consultants to _obtain any and all credit reports,
financial reports and records of criminal or civil proceedincs,
F. An application for modification of a franchise agreement shall
include, at minimum,_ the followinginformation:
1. The specific modification requested;
2 he Justification for .the - requested modification,
-_ T
includina the impact of the requested modification on subscribers and
others, and the financial f na impact on the -applicant if the modification is
Im
approved or disapproved;
3. A „statement whether the modification is sought pursuant
to__ Section 625 of the Cable Act, 47 -U.S.C. § 545, and, if so, a
demonstration that the requested modification meets the standards set
forth_ in 47 U.S.C: § 545.
4. Any other information necessary for the City to make an
informed determination on the application for modification: and
5. An affidavit or declaration of the applicant or. authorized
officer certifying the truth and accuracy of the information in the
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22
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11,
1994
application, and
certifying that the application is consistent with
all
federal and state
law requirements.
G. An application
for renewal of a
franchise shall comply
with
the requirements
of Section 2.24 hereof.
H. An application
for approval of__a
transfer of a franchise shall
comply with the requirements of Section 2.25
hereof.
I. To be
acceptable for filing.
application shall
be
accompanied by
-.an
a non-refundable filin fee
in the followin amount
as
appropriate:
1) For a new or initial franchise: $5,000
2) For renewal of a franchise: _$5,000
3) For a transfer of a franchise
other than a pro forma transfer): 15,000
4) For a pro forma transfer of a
franchise: $1,000
5� For modification of a franchise
agreement pursuant to 47 U.S.C. 4 1 000
6 For any other relief:
The purpose of the filing fee is to defray a portion of the Cit 's cost in
processing an application. The filing fee is therefore intended to be a
charge incidental to the awardina or enforcing of a franchise within the
meaning of Section 622 2 D of the Cable Act 47 U.S.C. 542 2 D
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23
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
and may not be deducted from the franchise fee imposed in a franchise
aareement.
Section 2.09: Grant of franchises.
A. The City may rant a franchise fora penod not to exceed ten
1 ears to serve all or a specified area of the City.
B. In evaluatina an application for a franchise the City may
consider, among other thins the following factors: the applicant's
technical financial and legal qualifications to construct and operate the
proposed systemthe ade uac of the proposed construction arranciements,
facilities equipment, and services based on the public convenience safety
and welfare; the applicant's experience in -construcfing and o eratin
cable systems and providing cable service in other communities if an
theabilit of Cit treets or Rights of Way to accommodate the proposed
system: the potential disruption to users ofCit Streets and any resultant
inconvenience to the ublic• and whether the proposal will meet
reasonably anticipated community needs and serve the public interest.
Evaluation by the City shall not be based on the content of the
Prociramming the applicant ro oses to provide. The City of Tamarac shall
at all times be suNect to and hall comply with all applicable Feder I
State. County and City laws.
C. The City shall hold a public hearing to consider an application
or applications, The applicant(s) shall be notified of the hearing and shall
be given an opportunity to be heard. Based upon the a licatio s the
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24
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision 42 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
testimony resented at the public hearing, any recommendations of the
City Manager or staff, and any other information relevant to the
a lication s the City shall decide by ordinance whether to grant or den
a franchise application(s) and decide the terms and conditions of an
franchises ranted. Upon the rant of a fran hise the franchisee's
application shall b come an integral part of said franchise and the
rantee shall be bound by the representations therein made.
D. If the City rants a franchise application, the City and the
grantee shall agree on the terms of a franchise agreement within forty-
five 45 calendar days from the date of the City ordinance making the
rant. This period may be extended for good cause by the City. If
agreement is not reached with the City within forty-five 45 calendar
days from the date of the City resolution or ordinance making the argnt, or
if the period is not extended by -the City, the franchise grant will be null
and void without further action by the City. The City may, at its option
rant franchisee a short term extensions until a franchise agreement is
reached. The gLant of such a short term extensions will not confer on
franchisee the right to an automatic acceptance, transfer, modification or
renewal.
E. Followina at least ten 10 days prior notice to the grantee and
the public, the City Commission may hold a public hearing at which it will
receive comment on -the -proposed franchise agreement.
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25
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
F. After complying with the above requirements, the City
Commission shall approve or disapprove the proposed franchise__ agreement
by ordinance, or may direct that it be subject to further negotiation.
G. The grant of an initial franchise, a renewed franchise, an
application to modify a franchis a reement or an application to transfer
a franchise may be subject to a processing fee in an amount not to exceed
the reasonable and justifiable out-of-pocket costs incurred by the City in
considering the application, including consulting— advertising and legal
costs less the amount of the filing fee set pursuant to Section 2. I .
Within thirty (30) calendar days from the date of _ the resolution_ or
ordinance approving or denying the franchise agreement or modification
or transfer thereof by the City Commission. the City shall notify the
franchisee of the amount of any processing fee and its method of
calculation. If the processing fee is not paid to the City. within sixty (60)
calendar days of the date of the City Commission resolution or ordinance
approving or denying the franchise agreement or a modification or
transfer thereof, any approval granted by such resolution or ordinance will
be null and void. This processing fee is therefore intended to be a charge
incidental to the 'awardina or enforcina of a franchise within the meaning
of Section 22 2 D of the Cable Act 47 U.S.C. § 542 2 D and ma
not be deducted from the franchise fee imposed in a franchise agreement
and _shall not _be passed through to subsbribers.
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26
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
H. The City reserves the right to establish a municipal grant to be
paid -by the grantee at the time of granting initial franchise or renewal.
Said amount shall be set by Ordinance.
Section -_2.10: Commencement of Service_
A. The grant of any franchise pursuant to this ordinance shall be
revoked and cancelled by the City if grantee shall fail to accomplish
si nificant construction within one 1 year after the grant of a franchise
and further, such franchise may be revoked and cancelled by the City -.if -the
r ntee after the first year of the franchise fails to equitably and
reasonably extend its energized trunk cable or other technology as may
currently be available to replace what had been characteristically
referred to as ener ized trunk cable to a substantial percentage of its
franchise area each year, and in particular, the franchise may be revoked
and cancelled if the arantee fails to extend service to 20 per cent of the
population of the City within thg second year, and 10Q per cent of the
population within the third year.
Section 2.11: Insurance; suret • indemnification.
A. A franchisee c
iranted an initial franchise modification
transfer or a renewal on or after the effective date hereof shall maintain
and by its acceptance of the franchise specifically agrees that it will
maintain throuc
thout the entire term ` of the franchise including an
renewals thereof, automobile and cleneral liability insurance cover e
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27
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
insuring the City and the franchisee with respect to the construction,.
operation and .maintenance of the cable system, and the conduct of
franchisee's business in the City, in amounts of not less than One Million
($1,000.000) Dollars per occurrence for physical damage to property or
liability due to personal bodily injury or death. In addition franchisee
will maintain worker's compensation and employer liability insurance to
meet all requirements of Florida law.
B. All insurance policies shall be with sureties licensed to write
insurance in the State of Florida: shall be with sureties with . aminimum
ratina of AVI„ in the most current Best's Key Rating Guide,.
Pro ert /Casualt Edition• and in a form approved Ly the City Manager and
the City Attorney. The City may require coverage and amounts in excess
of the above minimums_ where necessary to reflect changing liability_
exposure and limits or where required by law.
C. A Franchisee shall keep on file and post within 30 days of
acceptance of a _Franchise Agreement, with the City certificates of
insurance. The liability certificates shall indicate evidence of payment of
the required premiums and shall indicate that the City, its officers,
boards Commissions Commissioners acients and employees are listed as
additional insureds. Upon reasonable notice and -request, franchisee shall
make all insurance policies available for City inspection. The Franchisee's
liability insurance policies shall be `rirnary to any insurance policies
carried by -the City.
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28
Temp. Ord. #1693
July
27,
1994
Revision #1 September
23,
1994
Revision #2 September
28,
1994
Revision #3 October
3,
1994
Revision #4 October
11,
1994
D. All liability insurance policies shall name the City, it
officers boards,,. -commissions commissioners acients and employees, ap.
additional insured and shall further ---provide that any cancellation or
reduction in covers - a shall not be effective unless thirty 3 days prior
written notice thereof has been given to the City. A franchisee shall n t
cancel any required insurance without submission of proof that the
franchisee has obtained alternative insurance satisfactory to the it
which complies with this Chapter.
E. A franchisee shall at its sole cost and expense, indemnif
hold harmless and defend the City, its officials boards commissions
commissioners agents, and employees, against any and all claims suits
causes of action proceedings, jud ments for damages orequitable relief,
and costs and Menses-arisingMenses-ansing out of the construction maintenance,
operation or existence of its cable system, the conduct of franchisee's
business in the City, or in any way arising out of the franchisee's
en'o ment or exercise of a franchise granted hereunder, regardless of
whether the act or omission complained of is authorized allowed or
prohibited by this Ordinance or a franchise agreement, provided, however,
that franchisee's obligation hereunder shall not extend to any claims
caused by the sole gross negligence of the City, its officials boards
Commissioners,- agents or employees. This provision includes, but is not
limited to the Cit 's reasonable attorre s' fees incurred in defending
against any such claim suit or proceedings: and claims arising out of
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29
Temp. Ord. #1693
July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
copyright infringements or a failure by the franchisee to secure consents
from the owners authorized distributors or providers of programs to be
delivered by the cables stem claims arising out of Section 638 of the
Cable Act 47 U.S.C. 558, and claims aciainst the franchisee for invasion of
the right of privacy, defamation of any person,firm or corporation, or the
violation or infringement of any copyright, trade mark trade name
service mark or patent, grof-any other right of any person,firm or
corporation. Nothina in this section shall prohibit the City from
participating in the defense of any litigation by its own counsel and
obtaining indemnification of the reasonable costs associated therewith.
Section 2.12: Security fund.
A. Prior to an initial franchise becoming effective the franchis e
shallost with the City a security deposit in a form acceptable to the
City Attorney and Finance Director to be used as a security fund to ensure
the franchisee's faithful performance of and compliance with all
provisions of this Ordinance any franchise agreement, other applicable
law, and compliance with all orderspermits and directions of the it
and the payment by the franchisee of an claims liens fee or taxes due
the City which' arise by reason of the construction operation or
maintenance of the -system. The amount of the security fund shall be
100 000 in order to protect the public,to provide adequate incentive to
the franchisee to comply with this Ordinance and to enable the City -to
effectively enforce compliance therewith.
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30
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
B. In any franchise agreement entered into _pursuant this
Ordinance a franchisee may, in lieu of thesecurity fund file and maintain
with the City a bond with an acceptable surety or a letter of credit in the
amount of One Hundred Thousand Dollars 100 000 to indemnify the City
a ainst any losses it may suffer in the event the franchisee fails to
comply with one or more of the provisions of its franchise. Said bond
shall be obtained at the sole expense of the franchisee and remain in
effect for the full term of the franchise plus an additional six 6 months
thereafter. The franchisee and its surety shall be.jointly and several)
liable under the terms of the bond for any -damages or loss suffered by the
City as a result of the franchisee's nonperformance, including the full
amount of any compensation, indemnification or cost of removal of an
property of the franchisee in the event of default a reasonable allowance
for attorneys' fees and costs up to the full amount of the bond. The b nd
shall provide for thirty 30 days' prior written notice to the it
Manager, 7525 N.W. 88 Avenue Tamarac Florida 33321 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 jndemnity bond with
the City, nor the -receipt of any dama es recovered by the City thereunder
shall be construed to excuse faithful performance by the franchisee or
limit the liability of the franchisee under the terms of its franchise for
damacies, either to the full amount of thb bond or otherwise.
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31
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
C. The ri hts reserved to the City with respect to the security
fund or an indemnity bond are in addition to all other rights of the City,
whether reserved by this Ordinance or authorized by other law or
franchise a reement and no action proceeding or exercise of a right with
respect to such security fund or indemnity bond will affect any other right
the City may have.
Section 2.13: Construction bond.
A. Prior to any cables stem construction upgrade —or other work
in the Streets or Rights of Way, a franchisee shall establish and post in
the Cit 's favor a construction bond in an amount as necessar to ensure
the franchisee's fai hful performance of the construction upgrade, or
other work but the amount of su h construction bond shall. -not exceed One
Hundred Thousand Dollars „ 1—Q0,000L
B. In the event a franchisee sub'ect to such a construction bond
fails to complete the cables stem construction u rade or other work in
the Streets in a safe timely and competent manner in accord with the
provisions of the franchise agreement, there shall be recoverablejointly
and severally from the principal and surety of the bond any damages or
loss suffered by' the City as a result including the full amount of an
compensation, indemnification or cost of removal or abandonment of an
P-Lo-Perty of the franchisee or the cost of completing or repairing the
system construction upgrade or other work in the Streetsplus a
reasonable allowance for -attorneys' fees up to the full amount of t h e
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32
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
bond. The City may also recover against the bond an amount recoverable
aciainst the security fund pursuant to Section 2.11 hereof where such
amount exceeds that available under the security fund. If the. City calls to
the attention �of the franchisee to any violations on the part of the
franchisee its officers aclents, employees or subcontractors then the
franchise sh ll immediately -desist from and correct such violation. The
City,_. reserves the right to mandate the time frame for restoration work.
C. Upon completion of the system construction, upgrade or other
work in the Streets or Rights of Way and payment of all construction
obligations of the cable system to the satisfaction of the City, the Cit
may eliminate the bond or reduce its amount. However, the Qity may
subsequently require an increase in the bond amount for any _subsequent
construction, upgrade or other work in the Streets. In any event,_ the total
amount of the bond shall not exceed the amount specified in subsection A
of this section.
D. The construction bond shall be issued by a surety_. having a
minimum rating of VI in the most current Best's-Key Rating G u i d e
Property/Casualty_ Edition; shall be subject to the approval of the City
Attorney; and shall contain the following endorsement:
"This _bond may not be canceled, or _allowed to lapse. until sixty_
0 days after receipt by the City Manager, by certified mail
return receipt requested, of a written notice from the issuer
of the bond of intent to cancel or not to renew."
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IM]
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
E. The rights reserved by the City with respect to an
construction bond established pursuant to this section are in addition to
all other rights and remedies the City may have under this Ordinance
amendments or any franchise agreement, or at law or a uit .
ection 2.14: Minimum facilities and services.
A. The following minimum requirements for facilities and
services apply to all franchises granted, modified or transferred on ar
after the effective date hereof. The City may require in an Acceptance of
Franchise specific franchise agreement or amendment to this Ordinance
or ordinance or resolution adopting said agreement that a franchisee
exceed these minimum requirements where it determines under
circumstances existing at the time of the appjigation, that the additional
requirements are necessary to meet the Cit 's future cable related needs
and interests or to serve the public interest.
1. Any ca le system constructed after the effective date
of this Ordinance shall have a minimum capacity of at least sixty-two
62 video channels available for immediate use. A franchise acirgement
or amendment to this ordinance may rovide for a larger minimum channel
capacity requirement.
2. The City ma re uire that any franchisee granted a new
franchise modification or transfer pursuant to this ordinance provide
access channels facilities and other` support for public, educational
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34
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
and/or governmental use including but not limited to, provision of an
INET, security channel and meter reading capability_
3. The City may require a cable system operating ursuant
to a franchise that is granted, modified or transferred on or after the
effective date of -this Qrdinancg to cablecast City Commission meetings
live to all subscribers at no expense to the City or subscribers.
4_ _ A cable system shall provide leased access channels as
required by federal law.
5. A franchisee shall provide at least one service outlets
without installation or monthly service charge to all Qity buildings and all
public, private and parochial schools within its franchise area that are
ssed by its cables stem and shall charge only its time and material
costs for any additional service outlets to such facilities.
6. Any cable system constructed upgraded or rebuilt after
the date hereof shall be designed so as to allow the City to interrupt cable
service in an emergency to deliver necessary information to subscribers.
7. A franchisee shall make available to its subscribers
equipment capable of decoding closed circuit captioning information for
the hearin im aired. A franchisee may impose a re sonable charge for
such equipment.
Q. Standard installation shall consist of a drop, not
exceeding one hundred twenty five 12 feet from the cable plant to the
nearest part of a s bscriber's residence. Residential drops in excess of
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35
Temp. Ord. 41693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
one hundred twenty five (125) feet may be charged according to the
franchisee's rate schedule.
B. A franchisee shall make cable service available to any and all
applicants whose dwellings or places of business are located within the
Cif and who in good faith have signified„ their willingness to subscribe
for such television service. The installation of extensions will be at the
expense of the franchisee, except where such extension or extensions
would require unreasonable or uneconomical expenses by the franchisee
considering the potential service revenue to be derived therefrom.
Section 2.15: Technical standards.
A. Any cable system within the City shall meet or exceed _ the
technical standards of the FCC or other applicable federal or -state
technical standards including any such standards as hereinaft r may be
amended or adopted. The system shall be capable of delivering all
National Television Systems Committee (NTSC) color and monochrome
standards signals and desicined to provide picture quality of TAS-grade 2
or better and superior_ reliability. All television signals transmitted on a
cable system shall include any closed circuit captioning information for
the hearing impaired. Antennas -supporting structures and outside plant
used in the system shall be designed to comply with all generally acce t d
industry practices and standards. and with all federal,_ state, county,. ity-
and/or utility laws, ordinances rules arid._,. regulations.
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Temp. Ord. #1693
July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
B. All construction installation and maintenance shall cam I
with the National Electrical Safety Code the National Electric Code and
all laws and accepted industry practices, and as hereinafter may be
amended or changed.
C. At the times specified by the City or as required by FCC rules
the franchisee shall perform, without charge proof of performance to is
desi ned to demonstrate compliance with the requirements of this
Ordinance the franchise a reement and FCC requirements. The franchisee
shall provide the proof of performance test results promptlyto the Qity.
The City shall have the right to inspect the cables stem facilities during
and after their construction to ensure compliance with the requirements
of the franchise agreement, this Qhapter, and FCC standards.
D. The City-mayCity-may require an annual proof of performance test and
may require other tests as specified from time to time by the City or
applicable law or regulation, to be performed promptly upon request and at
the expense of the franchisee. The franchisee shall provide the test
results to the City_ within 30 days of completion.
E. The franchisee shall provide the City ten 10 days advance
written notice when a proof of performance test required in subsections
C and D above is scheduled so that the City may have an observer
present.
F. A franchisee shall not desi` n install or operate its facilities
in a manner that will interfere with the signals of any broadcast station
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RIFA
Temp. Ord. #1693
July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
the facilities of any public utility,the cable system of another
franchisee or individual or master antennas used for receivinci television
or other broadcast signals.
Section 2.16: Access channels and facilities.
A. Applications for an initial -franchisq, modification transfer
or
renewaLmyand, at the Cit 's request, shall include proposals for
the
provision of access channels and equipment and facilities relating to such
channels sufficient to meet community needs. Any franchisee awarded
an
initial franchise modification or transfer renewal on or after
the
effective date hereof shall at minimumprovide the City with one
1
activated access channel for public, education and government use.
B. A franchisee ranted an initial franchise modification
or
transfer on or after the date hereof shall provide, at the request of
the
City,use of studio equipment and technical services for production
of
live and video-taped municipal programs.
C. Applications for an initial or renewed franchise may and
at
the it_'s_ _ include proposals for the provision of
v request. shall �
i._.—.._—p.�._.......__.
an
Institutional Network interconnecting City, educational institution
and/or other public facilities.
Section 2.17: Franchise fee.
A. A franchisee as com ensatibn for the privilege granted under
a franchise for the use of the Cit 's streets and rights of way to construct
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M
Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
and operate a .cable system, shall pay to the City a franchise fee in an
amount up to a maximum of either (1) three percent (3%) of the
franchisee's gross revenues derived from the operation of its cable
system within the Q,ity or�(2) at , the City's discretion, the greater amount
than that specified in (1?,,above to, the maximum amount permitted by such
applicable law. Regardless, the minimum annual franchise fee . shall be
20 000.
B. A franchisee shall -pay-the franchise fee due to the City .on . a
quarterly_basis. Payment for each quarter shall be made to the City not
later than thirty 30 calendar days after the end of each calendar quarter.
Each quarterly payment shall be accompanied by a certified statement of
gross revenues for the period (March, June, September and Decernber)_
C. A franchisee shall file with the City, within ninety 0 da s
after the expiration of each calendar year or portion thereof during -which
its . franchise is in force, a financial statement setting forth the
computation of gross revenues used to calculate the franchise fee for the
preceding year or portion ,thereof and a detailed explanation of the _method
of computation. The statement shall be certified by a certified public
accountant or the franchisee's chief financial or other duly _authorized
financial officer._ The franchisee will bear the cost of the preparation of
such financial statements.
D. No acceptance by the City bf any franchise fee payment shall
be construed as an accord that the amount paid is in fact the correct
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July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
amount, nor shall such acceptance of payment be construed as a release of
any claim the City may, have for additional sums payable.
E. The franchise fee payment is not a payment in lieu of any other
tax fee or assessment.
F. Th,P „(pity may, from time to time, and upon reasonable notice,
inspect, copy and audit .any and all books and records of the franchisee
relevant to the determination of aross revenues and the computation of
franchise fees due and may —recompute. any amounts determined to be
payable under the franchise. In the case of any franchise granted,
modified or transferred on or after the effective date of this Ordinance
the cost of the audit will be borne by the franchisee if, as a result of the
audit the Qity determines that the franchisee has underpaid the franchise
fees owed in an amount equal to or exceeding one percent (1 %) of the
franchise fees actually paid. A franchisee shall make all books and
records necessary to satisfactorily perform the audit readily __available to
the auditors in Broward or Dade County for inspection and co in If the
City i determines that It nee
ds any document, it shall be provided at the
franchisee's expense.
G. In thO event that a franchise fee payment is not received . -jay
the City on or before the due date set forth in subsection C above, or is
underpaid, any franchisee granted, modified or transferred on or after the
effective date, hereof will be charged 'interest from the due date at an
interest rate equal to three ercent 3% above the rate for three-month
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40
Temp. Ord. 41693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
federal Treasury Bills at the most recent United States Treasur
Department sale of such Treasury Bills occurring prior to the date of the
due date of the franchise fee payment. In addition the franchisee willpgy
a late charge of eighteen percent 18% of the amount of the unpaid -or
underpaid fran hise fee payment, provided, however, that such rate does
not exceed the maximum amount allowed under Florida law. An interest
and/or late charges paid by Franchisee is intended to be a charge
incidental to the enforcing of a franchise within the meanin of Section
622 2 D of the Cable Act 47 U.S.C. 542 2 D and may not be
deducted from the franchise fee imposed by this Ordinance or an
franchise agreement.
H. When a franchise terminates for whatever reason the
franchisee shall file with the i within ninety calendar days of the
date its operations in the City cease a financial statement certified by a
certified public accountant or the franchisee's chief financial officer,
showing the gross revenues received by the franchisee since the end of the
previous fiscal year. Adjustments will be made at that time for franchise
fees due to the date that the franchisee's operations ceased.
Section 2.18: Reports and records.
A. Any franchisee granted an initial franchise modification or
transfer on or after effective date of this Ordinance shall within six 6
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Temp. Ord" #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
months of the close of its fiscal year, provide the City an annual report
that includes the following information:
1. A summary of the previous ear's activities i n
development of the system, including but not limited to services initiated
or discontinued, number of subscribers for each tier or type of service
(including ains and losses homes passed, and miles of cable distribution
plant ins,ervice; The summary shall also include a comparison of any
construction including system upgrades, during the year with any
r 'ections previously provided to the City, as well as rate and charge
increases and/or decreases for the previous fiscal year.
2. A financial statement including a statement of income
balance sheet and a statement of sources and applications of funds. The
statement shall be audited if franchisee has audited statements
performed in its normal course of business. If not the statement shall b
certified by the franchisee's chief financial officer or other duly
authorized financial officer of the franchisee. The statement shall
include notes that specify all si nificaM accounting and
practices upon which it is based. A summary shall be provided comparing
the current ear "with previous years since the beginning of the Fran hise.
3. A copy of updated "as built" maps depicting the location
of all cable plant,. showing areas served and locations of all trunk lines
and feeder lines in the City. When available such maps will be provided to
the City in diaitized format at franchisee's expense.
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Revision #3 October
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Revision #4 October
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4. A summary of subscriber or resident complaints,
identifying the number and nature of complaints and their disposition.
Where complaints involve recurrent system problems, the nature of each
problem and the corrective measures taken_ shall be identified. More
detailed information concerning complaints shall be submitted upgn
request of the City.
5. A summary of the number of outages, number of planned
outages, number of outages during rime viewing hours (8:OQ p.m. - 11:00
p.m. daily), and number of outages by duration.
6. If the franchisee is a corporation, a list of officers and
members of the board of directors: the officers and members of the board
of directors -of-any pargnt corporation: and if the franchisee or its parent
corporation's stock or ownership interests are publicly traded a copy of
its most recent annual report.
7. If the franchisee is a partnership,a list of the partnerg,
including any limited partners, and their addresses, and if the general
partner is a corporation, a list of officers and members of the board of
directors or the corporate general partner, and the officers and directors
of -any arent cbr oration• and where the general partner or its parent
corporation's ownership interests are publicly traded a copy of its mo t
recent annual report.
8. A list of all persons holding five percent 5% or more
ownership interest in the franchisee and any..parent corporation.
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July
27, 1994
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23, 1994
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Revision #3 October
3, 1994
Revision #4 October
11, 1994
9. A copy of the franchisee's rules and regulations
applicable to subscribers of the cable system.
10. A report on the number of senior citizen,_ economically_
disadvantaged or handicapped subscribers receiving __any rate discounts.
the number of multiple dwellina buildincis and units therein receiving an
discountpursuant to Secti n 2.20 A hereof, and the amount of any such
discounts for s ecific services if franchisee offers separate rates or
discounts for those cateciories of subscribers and duration of any such
contracts.
11. A full schedule and description of services, service hours
and location ,of the franchisee's customer service office or offices
available to su scribers in the City, and a schedule of all rates fees and
charges for all services provided over the cable system.
B. A franchisee shall provide the following -documents to the City
as _received or filed, without regard to whether_ the documents are filed by
the franchisee or an affiliate:
1. Annual report of the franchisee or its parent or any
affiliate of franchisee which controls franchisee and issues an annual
report;
2. Copyright -filings -reflecting the operation of the system;
3. FCC Forms 325 and 395A for the system_, or their
successor forms:
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Temp. Ord. 41693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
4 Any filing made at the FCC, or any state or federal agency
regardingrpgarding the franchisee's cable system, including roof -of -performance
tests and RF signal leakage tests.
5. Any and all pleadings, petitions, applications,
communications, reports and documents (collectively referred _ to as
"filings") submitted by or on behalf of the Franchisee or an affiliate to the
FCC or any count state or federal agency, court or regulatory commission
which filings may impact the Franchisee's operations within the City or
that may impact the City's rights or obligations under this Ordinance or
the Franchise Agreement issued pursuant to this Ordinance and an and all
responses, if any, to the above mentioned filings.
6. _ W_ Any request for protection_ under bankruptcy laws. or -any
iudgment related to a declaration of bankruptcy_
7.„Notwithstanding anything �to the contrary. the Franchisee
agrees to provide the City, within thirty 30 days offiling or receipt of
such, any document that may adversely impact_ the construction, operation
or maintenance of the Franchisee's cables stem.
C. A franchisee shall make a complete set of books and.._records
available for inspection,_ copying and audit by the City in Broward or Dade
County, for purposes of ascertaining compliance with requirements of this
Chapter and the franchise agreement. Such inspection, copying and audit
shall be upon reasonable notice and during normal business hours.. If the
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July 27, 1994
Revision #1 September 23, 1994
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Revision #3 October 3, 1994
Revision 44 October 11, 1994
City determines that needs any documents it shall be provided at the
franchisee's expense.
D. on written request by the franchisee and to the extent
allowed by applicable law, information of a proprietary nature submitted
by the franchisee to the Qity pursuant to this Ordinance or a franchise
a reement will not be made available for public inspection to the extent
permitted by law.
Section 2.19: Customer service requirements.
A. A franchisee shall maintain all parts of its system in good
condition and in accordance with standards cienerally observed by the
cable television industry. Sufficient employees shall be retained to
provide safe adeqgate, and prompt service for all of its customer and
facilities.
B. A franchisee granted on that franchise modification transfer
or renewal on or after the date hereof, shall maintain an office and
service center within the City limits to which subscribers may telephone
without incurring added message units or toll charges. This business
office shall be open from 8:30 a.m. to 7:00 .m. Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday. This business office shall be so
operated that complaints and requests for -repairs or admustments may be
received by telephone twenty-four 24 hours per day, seven 7 days er
week including holidays.
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Temp. Ord. 91693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
C. Franchisee shall maintain a publicly listed local toll -free
telephone number and employ a sufficient number of telephone lines,
personnel and answering equipment or service to allow reasonable access
by subscriberg and members of the public to contact the franchiseg on a
full-time basis twenty-four 24 hours per day -seven 7 days per w k
including holidays. Knowledgeable, qualified franchisee representatives
will be available to respond to customer telephone inquiries,-- Monday
through Friday from 8:30 a.m. to TQQ p.m.: and on Saturday from 9: 0 a.m.
until 5: .m. With respect to those calls received during the hours
which franchisee is not required to provide alified franchisee
representatives under this subsection an answering machine or service
capable of receiving and recording service complaints shall be employed -
Franchisee shall comply with the telephone answer time standards set
forth in Subsection D below.
D. Franchisee shall answer all customer service and repair
telephone calls under normal operating conditions within thirty 30
seconds includinci wait time and within an additional thirty 30 second
to transfer the call. Customers shall receive a busy signal less than three
3percent of the time. These standards shall be met in no less than
ninety 9 ercent of the time under normal operating conditions
measured on a -quarterly basis.
E. A franchisee shall employ `and maintain sufficient qualified
personnel and equipment to be available i to accept payments: ii to
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
exchange or accept converters or other equipment: (iii to initiate service
installations undertake normal repairs, and initiate action with respect
to subscriber service complaints on Monday through Friday, from 8:30 a.m.
to 7:00 .m., and on Saturday from :00 a.m. through 5:00 .m.: and iv to
enable a service technician to respond to any service call received
between 8:30 a.m. and 7:00 .m. Monday through Friday, and 9:00 a.m. to
5:00 p.m. on Saturdays, by the end of the next day, seven 7 days a week
including holidays.
F. Franchisee must meet each of the following standards no less
than ninety-five 9percent of the time under normal operating
conditions as measured on a quarterly basis:
1 Standard installation work shall be performed within
seven 7 calendar days after an order has been placed except in those
instances where a subscriber specifically requests an installation date
beyond the seven 7 calendar day period. "Standard" installations are u
to one hundred and twenty five 125 feet from the existing distribution
system. If scheduled installation is neither started nor completed as
scheduled the subscriber will be telephoned by an employee of the
franchise the same day.
2 Franchisee will respond to service interruptions
promptly and in no event later than twenty-four 24 hours after the
interruption becomes known. Other service problems will be responded to
promptly and in no event later than forty-eight 48 hours after the
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
problem becomes known. All service interruptions, and service problems
within the control of arantee, will be corrected within seventy-two 72
hours after receipt of a complaint.;
3 The appointment window alternatives made available for
installations service calls repairs, and other installation activities will
be either a specific time a four-hour time block during normal business
hours or at the election and discretion of the subscriber, "all da ."'
4 Franchisee may not cancel an appointment with a
subscriber after the close of business on the business day prior -to the
scheduled appointment: and
5 If at any time an installer or technician is running more
than 30 minutes late for a scheduled appointment, an attempt to contact
the customer will be made and the appointment rescheduled as necessary
at a time which is convenient for the customer.
G. Installation work shall be prioritized as follows:
1 Service change and rescheduling of appointments
for existing subscribers;
2 Installation of service for new subscribers
3 Disconnection of service for existing subscribers.
Subscribers who have experienced two 2 missed installation or service
appointments due to the fault of franchisee shall receive installation free
of charcie. If the installation was to have been provided free of charge or
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Temp. Ord. #1693
July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
if the appointment was for service or repair, the subscriber shall receive
three months of the most „widely subscribed to service tier free of charge.
H. Disconnection,
1 Voluntary Disconnection.
(a) A subscriber may terminate service at any time.
b A franchisee shall promptly disconnect an
subscriber who so requests from the rantee's cables stem. No period of
notice rior to voluntary termination of service may be required of
subscribers by any grantee. S,g,..long as the subscriber returns equipment
within three (�) business days of the disconnection, no charge may be
imposed by any franchise for such voluntary disconnection or for an
cable services delivered after the date of disconnect request.
O A subscriber may be asked, but not required, to
disconnect the franchisee's equipment and, return it to the business office.
d Any security deposit and/or other funds due the
subscriber shall be refunded on disconnected accounts after the converter
has been recovered by the franchisee. The refund process shall take a
maximum of thirty 30 da s from the date disconnection was requested
to the date the customer receives the refund.
2 Involuntary Disconnection. If a subscriber fails to pay a
monthly subscriber or other fee or charge, the franchisee may disconnect
the subscriber's service outlet: howeveir, such disconnection shall not be
effected until thirty 30 days after the due date of the monthly
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
subscriber fee or other charcle. Any Franchisee granted an initial
franchise or renewal on or after the effective date of this Ordinance shall
provide subscriber with ten 1 days advance written notice of intent to
disconnect to the subscriber in question. If the subscriber pays _within
forty-five 45 days of the due date and after notice of disconnection has
been aiven, the franchisee shall not disconnect. After disconnection upon
payment b the subscriber in full of all proper fees or charges, including
the payment of the reconnection charge, if any, the franchisee shall
promptly reinstate service.
Nothing in this Ordinance shall be construed to prevent
the franchisee from removing its property from a subscriber's premises
upon -the termination of service. At the subscriber' -.request, a franchisee
shall remove all of its facilities and equipment from the subscriber's
remises within thirty 30 calendar days of the subscriber's request.
Where removal is impractical, such as with buried cable or internal
wirinci, facilities and equipment may be disconnected and abandoned
rather than removed, -unless there is a written agreement statin
otherwise rovided however that such agreement must be consistent
with.appliggbie law and FCC rules.
I. Franchisee shall intentionally interrupt service only for good
cause and for the shortest time possible. Franchisee shall use its best
efforts to insure that such interruptions "shall occur only during the hours
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
of 1:00_ a.m. to 6:00 a.m. Franchisee shall maintain a written log for all
intentional service interruptions.
J. Franchisee shall notify the City_Manager and/or designee
immediately if a serviceinterruption affects two hundred or more
subscribers fora time period areater than four hours.
K. Franchisee shall cause all its field employees to wear a
pictureidentification badge indicating their employment by franchisee.
This bade shall be clearly visible to the public.
L. A franchisee shall develop written procedures for the
investi ation and resolution of all subscriber or City resident corn piaints
including, but not „limited_ to, those regarding the quality of service and
equipment malfunction, which procedures shall be subject to the review
and approval by the City Manaaer and/or designee. A franchisee's _good
faith or lack thereof in attempting to resolve subscriber and resident
complaints in a fair and equitable manner will be considered in connection
with the _ franchisee's renewal application. Franchisee shall maintain a
complete list of all complaints not resolved within seven_ (7.). days of
receipt and the measures taken to resolve them. This list shall be
compiled in a formto be approved by theCit Manager. It shall_ b e
compiled on a monthly basis. The list for each calendar month_ shall be
supplied to the City Manager and/or designee no later than the 15th day -of
the next month. Franchisee shall also" maintain a list of all complaints
received which list will be available to the City Manager or his designee.
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
M.
Franchisee
shall permit the City Manager and/or or his
designee
to inspect
and test the s stem's technical equipment a n d
facilities upon
reasonable (12-24 hours') notice.
N.
Franchisee
shall abide by the following requirements governing
communications with customers bills and refunds:
1 Each
franchisee shall -provide to subscribers written
information
in each of
the following areas at the time of installation at
least once
annually,and at any future time upon request by the ubscriber:
(a)
How to use the cable service;
b
Installation and service maintenancepolicies:
(c)
The products and services offered:
(d)
Prices and service options:
e
Channel positions of programming carried on the
system:
f The franchisee's procedures for the receipt and
resolution of customer complaints, the franchisee's
address and telephone number to which complaints
may be reported, and the hours of operation:
The telephone number and address of the Cit 's
office:
(h) The availability of a "lock -out" device:
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27, 1994
Revision #1 September
23, 1994
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28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
(i) The availability of an input selector. or A / B
switch and identification of those local broadcast
stations not carried on franchisee's system; and
The franchise's information collection and
disclosure policies for the protection of a
subscriber's privagy.
_ (2) In addition, each franchisee shall provide written notice
in its monthly billing, at the request of the City Manager or his designee,
of any City meeting regarding_ requests or applications by the franchisee
for renewal, transfer or modification of its license. The City Manager or
said desi nee shall make such a request in writing,no less than forty-five
4 da s prior to the mailing -of -any billing by franchisee. Said noti s
shall be made at franchisee's expense and said expense shall not be
considered part of the franchise fee assessed pursuant to this chapter and
shall not be reciarded as a franchise fee as the term is defined in Section
622 of the Communications Act, 47 U.S.C. Section 542.
(3) Franchisee's bills will - be clear, concise and
understandable.
(4) -Refund checks will be issued _promptly, but no later than
the earlier of thirty (30) days -or_ the customer's next billing cycle
following the resolution of a refund request, or the return of the
equipment supplied by the franchisee if service is terminated.
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July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
_ (5) credits for service will be issued no later than the
customer's next billing cycle following the determination that a credit is
warranted.
6 A franchisee shall provide subscribers the City Manager,
and/or desi nee and the City Commission with at least thirty 3 days
advance written notice of any changes in rates charges, channel lineup, or
initiations or discontinuations or changes of service or services offered
over the cable system.
O. A franchisee shall upon an affected subscriber's request,
provide apro-rated 24-hour credit to the subscriber's account for a n
riod of four hours or more within a 24-hour period during which a
subscriber experienced an outage of service or substantial impairment of
service whether due to a system malfunction or other cause.
P. Billing.
1 The franchisee's first billing statement after a
new installation or service chancle shall bepro-rated as appropriate and
shall reflect any security deposit.
2 The franchisee's billing statement must be full
itemized with itemizations including, but not limited to basic and
premium service charges and equipment charges. Bills will also clearI
delineate all activity during the billing period, including optional charges,
rebates and credits.
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
3 The franchisee's billinci statement must show a
W ed payment due date not earlier than fifteen 15 days after the datg
the statement is mailed. Any balance not received within thirty d yg
after the due date may be assessed a late charge consistent with
applicable law. The late charge will appear on the following month's
billina statement.
a Late charges on unpaid bills shall not exceed
eighteen -percent per annum on the unpaid balance or the maximum amount
of interest allowed by law, whichever is less. If a customer disputes a
bill within thirty days of its receipt, the franchisee shall waive a
late fee durina the period until a final resolution of the dispute is agreed
upon between the franchisee and the City.
(b) Subscribers shall not be charged a late fee or
otherwise penalized for an failure by the franchisee its employees, or
contractors including failure to timely or correctly bill the subscriber, or
failure to -properly credit the subscriber fora a ment timely made.
(4) The franchisee must notify the subscriber that -he
or she can remit payment in person at the franchisee's office in the it
and inform the subscriber of the address of that office.
0. Alteration of Service.
A franchisee may not substantially alter the service being provided
to a subscriber Oncludina b re-tierin restructurin a tier or otherwise
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Temp. Ord. #1693
July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
without the express permission of such subscriber unless it complies
with this subsection.
1 If a franchisee wishes to alter the service being
provided to a subscriber(including by re -tiering, restructuring a tier or
otherwise in such a way that the subscriber will no longer be able to
obtain the same package of services then the franchisee must provide the
subscriber with thirt 30 days notice of such alteration explain t h e
substance and the full effect of the alteration and provide the subscriber
the ri ht within the thirty 30 day period following notice to opt to
receive any combination of services offered b the franchisee.
2 Except provided herein no charge mgy be made for
any service or product which the subscriber has not affirmative)
indicated in a manner separate and a art from payment of the re ular
monthly bill, that he or she wishes to receive.
R. Franchisee shall certify in writing to the City on January 1 and
July 1 of each year based upon internal due diligence by the franchisee
that to the best of franchisee's knowledge it is in substantial compliance
with the standards set forth in this Section 2.19 said certificati n to be
made as of a date within thirty 30 days of the Cit 's re ei t of the
certification. At the request of the City, the Franchisee shall submit uch
documentation, , as may be required, to demonstrate _. Franchisee's
compliance with this Section 2.19. This documentation shall be submitted
within thirty 30 days of the Franchisee's receipt of the Cit 's request.
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July 27, 1994
Revision #1 September 23, 1994
Revision #2 September 28, 1994
Revision #3 October 3, 1994
Revision #4 October 11, 1994
S. In addition to complying with the customer service standards
set forth in this Ordinance or in any franchise issued pursuant to this
Ordinance, a�franchisee shall comply with all customer _service standards
applicable to cables stems of the FCC and any other al2plicable federal
state or county law concerning customer service standards consumer
protection, and unfair or deceptive trade practices.
T. The City expressly reserves the right to consider violations of
the customer service requirements in evaluating any renewal,
modification or transfers of any franchise agreement.
Section 2.20: Subscriber privacy.
A. A franchisee shall at all times protect the privacy of all
subscribers to the full extent required by Section 631 of the Cable Act, 47
U.S.C. 551 and state law. A franchisee shall not condition subscriber or
other service on the subscriber's arant of permission to disclose
information which pursuant to federal or state law, cannot be disclosed
without the subscriber's explicit consent. No penalties or extra charges
may be invoked by the franchisee for a- subscriber's failure to grant
consent.
B. Unless otherwise permitted by federal or state law, neither
the franchisee nor its aclents or employees shall without the prior and
specific written authorization of the subscriber involved sell or
otherwise make available for commercial purposes the names addresses
or telephone numbers of any subscriber or subscribers or any information
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July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
which identifies the individual viewin habits of and subscriber or
subscribers.
Section 2.21: Discrimination prohibited.
A. No franchisee may in its rates or charges, o!- in the availability
of the services or facilities of its system, or in any other respect, make
or rant undue references or advantages to any subscriber, potential
subscriber, or group of subscribers or potential subscribers nor subject
any such persons or group of persons to an undue prejudice or an
disadvantage. A franchisee shall not deny, delay, or otherwise burden
service or discriminate a ainst subscribers or users on the basis of a
race creed religion, color, sex handicap, national origin, marital status
or political affiliation except for discounts for senior citizens the
economically disadvantaged or handicapped that are_ applied in a uniform
and consistent -manner. A franchisee may also offer bulk discounts t
multiple dwelling buildings if such discounts are applied in a uniform and
consistent manner, but only -to the extent such discounts are otherwise
permissible bylaw.
B. A franchisee shall not deny cable service to any potential
subscriber because of the income of the residents of the area in which the
subscriber resides.
C. A franchisee shall not refuse to employ, nor discharge from
employment, nor discriminate against �any person in compensation or in
terms conditions or privileges of employment because of ac
je,race, creed
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religion, color, sex handicap, national origin, marital status or political
affiliation. The franchisee shall comply with federal state and local
laws and regulations governing equal employment opportunities, as the
same may be from time to time amended.
Section 2.22: Use of Streets.
A. Any pavements,sidewalks easements rights
-of -way,
-curbing,
or other paved area taken up or any excavations made by a franchisee shall
be done under the supervision and direction of the City under permits
issued for w rk by the proper officials of the City, and shall
be done in
such manner as to aive the least inconvenience to the inhabitants of the
City. A franchisee shall at its own cost and expense, and in
a manner
approved by the City, replace and restore any such pavements,
sidewalks
curbing easements rights -of -way, or other aved 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
showina the exact locations of its facilities located within
the public
Streets ways,_ and easements of the City. These maps shall be
provided to
the City for inspection at any time during business hours.
B. Except to the extent required by law, a franchisee
shall at its
expense, protect, support, temporarily' disconnect relocate
or remove
an of its property when required by the Qity by reason
of traffic
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conditionspublic safety, Street construction Street resurfacing or
widenina, change of Street cirade, installation or sewers drains water
pipes, power lines signal lines tracks or any other type of municipal or
public utility improvements: provided, however, that the franchisee shall
in all such cases have the privilege of abandoning any pro-eirtyin plage.
C. A franchisee shall on the request of an erson holdinga
building moving permit issued by the City, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such..tempgrary
removal or raisina or lowerina of wires shall be paid by the person
requesting same and the franchisee shall have the authority to re ire
such payment in advance except in the case where the requesting erson
is the City, in which case no such payment shall be required. The
franchisee shall be aiven not less than five calendar 5 da s advance
notice to arrange for such temporary wire changes.
D. A franchisee shall have the authoritv to trim the trees or other
natural growth upon and overhanging the Streets so as to revent the
branches of such trees from coming in contact with the wires cables and
other equipment of the franchisee except that at the option of the City,
such trimming ffay be done by it or under its supervision and direction at
the -expense of the franchisee.
E. A franchisee shall use with the owner's permission, existing
under round conduits or overhead utility facilities whenever feasible.
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Copies of agreements for use of conduits or other facilities shall be filed
with the City as required by the franchise agreement or upon City request.
F. All wires, cable lines, and other transmission lines,
equipment and structures shall be installed and located to cause minimum
interference with the ri hts and convenience of property owners. The Cit
may issue such rules and regulations concerning the installation and
maintenance of a cable system installed in, on, or over the Streets, as may
be consistent with this Chapter and the franchise agreement.
G. All safety practices required by law shall be used during
constructlon maintenance and repair of a cable system, A franchisee
shall not place facilities, equipment or fixtures where they will interfere
with any clas,electric telephone, water, sewer or other utility facilities
or obstruct or hinder in any manner the various utilities serving_ the
residents. of the City of their use of any Street or any other public right .of
way.
H. A franchisee shall at all times:
1 Install and maintain its wires cables fixtures and other
equipment_ .in accordance with the requirements of the South Florida
Buildina Code and the City of Tamarac Code of Ordinances and Electrical
Safety Ordinances and any other applicable Building or Electrical Safety
Code and acceptable engineering standards and in such manner that the
will not interfere with an installations `' of the City.
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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 alle s
and public was or places of the City, wherever situated or located.
I. Any cable system constructed upgraded or rebuilt pursuant
this Ordinance, -shall on gtreets where electrical and telephone utility
wirina is located under round either at the time of initial construction of
a cables stem or at any time thereafter, locate cable under round at the
franchisee's expense. Between a Street and a subscriber's residence a
franchisee's cable must be located under round if both electrical a n d
telephone utility wiring are located underground. If either electric or
telephone utility wiring is aerial a franchisee may install aerial cable
except where a proporty owner or resident requests underground
installation and a rees to bear the additional cost of such installation
over and above the cost of aerial installation.
J. In the event the use of any part of a cable system is
discontinued for any reason for a continuous period of twelve 12 months
or in the event such system or property has been installed in any 5treet
without complyiria with the requirements of this Chapter or a franchise
agreement, or the franchise has ben terminated canceled or expired, the
franchisee within thirty 30days after written notice by the City, shall
commence removal from the Streets of all such property as the Cityma
require.
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K. The City may extend the time for the removal of franchisee's
equipment and facilities fora period not to exceed one hundred eighty
180 days —and thereafter such equipment and facilities may be deemed
abandoned.
L. In the event of such removal or abandonment. the franchisee
shall restore the area to as clood a condition as prior to such removal or
abandonment.
Section 2.23: Enforcement remedies.
A. In addition to any other remedies available at law or equity,
the City may apply any one or combination of the following remedies in
the event any franchisee ranted an initial franchise modification or
transfer on or after the date hereof, violates this Qrdinance, its franchise
agreement or applicable state or federal law:
1. Impose liquidated damages in such amount whether on a
per -diem, per -incident, or other measure of violation as rovided in the
franchise a reement. Payment of liquidated damages by the franchisee
will not relieve the franchisee of its obliclation to comply with the
franchise agreement and the requirements of this Chapter.
2. 'Revoke the franchise pursuant to the procedures
specified in Section 2.25 hereof.
3. In addition to or instead of any other remedy, the City
may seek le al or equitable relief ` from any court of competent
jurisdiction.
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B. In determining which remedy or remedies are appropriate, the
City shall take into consideration the nature of the violation the person
or persons bearing the impact of the violation the nature of the rem d
required in order to prevent further violations and such other matters as
the City determines are appropriate to the ublic interest.
C. Failure of the City to enforce any requirements of a franchise
acireement or this Chapter shall not constitute a waiver of the Cit 's riclht
to enforce that violation or subsequent violations of the same type- or to
seek appropriate enforcement remedies.
ection 2.24: Renewal of franchise.
Renewal shall be conducted in a manner consistent with Section 626
of the Cable„ Act, 47 U.S.C. 546. The following additional requirements
shall apply.
A� ) on completion of the review and evaluation process set forth
in Section 626(a(11(2) of the Cable Act, 47 U.S.C. 546, should..that process
be invoked. the City shall notify the franchisee that it may file arenewal
a lication. The notice shall specify the information to be included in the
renewal application and the deadline for filin the application, which
shall be no earlier than twenty-one (21) calendar days following the date
of the notice.
1. The application shall comply with the requirements of
Section 2.08 A B C G and I hereof and provide the specific information
requested in the notice. If the franchisee does not submit a .renewal
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application by the date specified, in the City's notice to the franchisee
given pursuant to this subsection the franchisee will be deemed not to be
seeking renewal of its franchise.
2. --Upon receipt of the renewal application, the City -shall
publish notice of its receipt and make copies available to the public. The
City, following prior public notice, may hold one or more public hearings
on the renewal application.
B. In the event a public hearing on the renewal application is
held or in the event that the City Commission considers the renewal
application without a public hearing,the Cit ommission will either:
1. Pass an ordinance agreeing to renew the franchise
subject to the negotiation of a franchise agreement satisfactory to the
City and the franchisee or
2. Pass an ordinance that makes a preliminary assessment
that the franchise should not be renewed.
C. If a preliminary assessment is made that a franchise should
not be renewed at the request of the franchisee or on its own initiative
the City will commence a proceeding in accordance with 5 ction 6 c of
the Cable Act 47 U. 546c to address the issues set forth in Section
626 c 1 A - D of the Cable Act 47 U.S.C. § 546(c)(1)(A)-(D).
D. Any request to initiate a renewal process or proposal for
renewal not submitted within the time .. eriod set forth in Section 626a
of the Cable Act 47 U.S.C. 546 a shall be deemed an informal . ro osal
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for renewal and shall be cioverned in accordance with Section 626 h of
the Cable Act 47 U.S.C. § 546(h). The City may hold one or more public
hearings or implement other procedures under which comments from the
public on an informal proposal for renewal may be received. Following
such public hearings or other procedures, the City Commission shall
determine whether the franchise should be renewed and the terms a n d
conditions of any renewal.
E. If the City Commission grants a renewal application, the City
and the franchisee shall a ree on the terms of a franchise agreement,
pursuant to the procedures specified in Section 2.09 of this Chapter,
before such renewal becomes _effective.
F. If renewal of a franchise is denied the City m _acquire
ownership of the cables stem or effect a transfer of ownership of -the
system to another person upon approval of the City Commission. Any such
acquisition or transfer shall be at fair market value determined on t h e
basis of the cables stem valued as a going concern but with no value
allocated to the franchise itself.
G. If renewal of a franchise is lawfully denied and the City does
not purchase the cables stem or approve or effect a transfer of the cable
system to anothor person, the City may require the former franchisee to
remove its facilities and equipment at the former franchisee's expense.
If the former franchisee fails to do so within a reasonable period of
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time. the City may have the removal done at the formerfranchisee's
and/or surety's expense.
Section 2.25: Transfers.
A. No transfer of a franchise shall occur without prior. approval
of the City Commission by authorization of ordinance.
B. An application for a transfer of a franchise shall meet the
requirements of Section 2.08 hereof, and provide complete information on
the -proposed transaction including details on the legal, financial
technical and other qualifications of the transferee, and on the potential
impact of the transfer on subscriber rates and service. Except in the case
of a pro forma transfer, the a ligation shall provide, at a minimum the
information required in subsections 2.08E 1 - E and E 14 with
respect to the proposed transferee. The information required in
subsections 2.08(E)(6)-8(E) (1 ) shall also be provided whenever the
proposed transferee expects material changes to occur in those areas._
Q. An application for approval of a pro forma transfer of a
franchise_ shall be considered granted on the thirty first (31st) calendar
day following the . -filing of such application with the City unlessprior to
that date. the City notifies the franchisee to the contrary. An application
for _approval of a pro forma transfer of a franchise shall clearly identify_
the application as such describe the proposed transaction and explain
why the applicant believes the transfer is pro forma. Unless otherwise
requested by the City within thirty 30 calendar days of the filing of an
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application fora pro forma transfer, the applicant shall be -required onl
to provide the information required in subsections 2.08 E 1 and 14
with respect to the ra osed transferee.
D. In making a determination on whether to grant an application
for a transfer of a franchise the City Commission shall consider the
le al financial technical and other qualifications of the transferee to
operate the system: whether the incumbent cable operator is in
compliance with its franchise agreement and this Chapterand, if not, the
proposed transferee's commitment to cure such noncompliance: and
whether operation by the transferee would adversely affect cable servicgs
to subscribers, or otherwise be contrary to the public interest.
E. No application for a transfer of a franchise shall be granted
unless the transferee a rees in writing that it will abide by and accept all
terms of this Ordinance and the franchise a reement and that it will
assume_ the obligations and liabilities of the previous franchisee under
this Ordinance and the _franchise agreement.
F. Approval by _the City of a transfer of a franchise does not
constitute a waiver or release of any of the rights of the City under this
Chapter or the 'franchise _agreement, whether arising before or after the
date of the transfer.
Section 2.26: Revocation or termination of franchise.
A. A franchise may be revok 6d by the City Commission for a
franchisee's failure to construct operate or maintain the cables stem as
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required by this Ordinance or the franchise acireement. or for any other
material violation of this Ordinance or material breach of any franchise
acireement. To invoke the provisions of this subsection A th-e Cily. shall
give the franchisee written notice by certified mail at the last known
address that franchise is in material violation of this ha ter or in
material breach of the franchise acireement and describing the nature of
the alle ed violation or breach. If within thirty 30 calendar days
following receipt of such written notice from the City to the franchisee
the franchisee has npj cured such violation or breach or has not
commenced corrective action and such corrective action is not bein
actively and expeditiously ursued the City may ive written notice to
the franchisee of its intent to revoke the franchise stating its reasons.
B. Prior to revoking a franchise under subsection A hereof, the
City Commission shall hold a public hearing, upon thirt calendar
days notice at which time the franchisee and the public shall be given an
opportunity to be heard. Following the public hearing the City Commission
may determine whether to revoke the franchise based on the evidence
resented at the hearing, and other evidence of record. If the Cily
Commission determines to revoke a franchise it shall do so by resolution.
A copy of said resolution shall be transmitted to the franchisee.
C. Notwithstanding subsections A and B hereof, any franchise
may, at the option of the City following!
a public hearing before the City
Commission be revoked one hundred twenty 120 calendar days aftgr an
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assignment_ for the benefit of creditors or the appointment of a receiver
or trustee to take over the business of the franchisee, whether in a
receivership,. reorganization. bankruptcy assignment for the benefit of
creditors or other action or proceeding, unless within that one hundred
twenty (120) day -period:
1. Such assignment, receivership or trusteeship has been
vacated; or
2. Such assignee, receiver or trustee has fully complied
with the terms and conditions of this Chapter and the franchise agreement
and has executed an agreement, approved by a court having Jurisdiction,
assuming and agreeing to be bound by, the terms and conditions of this
Chapter and the franchise agreement.
D. In the event of foreclosure or other judicial sale of any of the
facilities, equipment_ or _property of a franchisee, the City may revoke the
franchise followina a public hearing before the City Commission b
serving notice upon the franchise and the successful bidder at the sale in
which event the franchise and all rights and privileges of the franchise
will be revoked and will terminate thirty 30 calendar da s after serving
such notice unless:
1. The City has approved the transfer of the franchise to
the successful bidder; and
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2. The successful bidder has covenanted and agreed with
the City -to assume and be bound by the terms and conditions of the
franchise a reement and this Chapter.
E. If the City revokes a franchise or if for an other reason a
franchisee abandons terminates or fails to operate or maintain service to
its subscribers the following procedures and rights are effective:
1. The City may require the former franchisee to remove its
facilities and equipment at the former franchisee's expense. If the former
franchisee fails to do so within a reasonable period of time the City ma
have the removal done at the former franchisee's and/or surety's expense.
2. The City, by resolution or ordinance of the City
Commission mgy acquire ownership, or effect a transfer, of the cable
system at an equitable price.
3. If a cables stem is abandoned by a franchisee the City
may sell assign or transfer all or part of the assets of the s stem.
F. Where the Citv has issued a franchise specifically conditioned
upon the completion of construction system upgrade or other specific
obligation by a specified date failure of the franchisee to complete such
construction or bparade, or to comply with such otherspecific obligation
as required will result in the automatic forfeiture of the franchise
without further action by the City unless the City, at its discretion and
for good cause demonstrated by the franchisee, grants an extension of
time.
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G. Except as provided in subsection F no adverse action—aclainst
a franchisee may be taken by the City pursuant to this section exce t
after a noticed public hearing at which the franchisee is aiven an
opportunity„ to -Participate.
Section 2.27: Continuity of service mandatory.
A. It is the ri ht of all subscribers to receive all available
services from the _franchisee as long as their financial and other
obligations to the franchisee aresatisfied.
B. In the event of a termination or transfer of a franchise aranted
pursuant to this Ordinance for whatever reason, the franchisee shall
ensure that all„_ subscribers receive continuous, uninterrupted service
regardless of the circumstances. The franchisee shall cooperate with the
City tooperate the system for a temporary eriod following termination
or transfer as necessary to maintain continuity of service to all
subscribers. The temp,ora,ry period will not exceed six (6) months without
the franchisee's written consent. During such period the cable system
shall be operated under such terms and conditions as the City and the
franchisee may Wagree, or such other terms and conditions that will
continue, to the' extent possible, the same level of service -to subscribers
and that will provide reasonable compensation to the cable operator.
C. In the event a franchisee fails to operate the system for seven
7 consecutive days without rior a h roval of the City or without iu t
cause the City may, at its option, operate the system or designate an
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operator until such time as the franchisee restores service under
conditions acce table to the City or until a permanent operator is
selected. If the City is _-required to fulfill this obligation for the
fr nchisee the franchisee shall reimburse the City for all costs or
damacles resultin from the franchisee's failure to perform that are in
excess of the revenues from the system received b the City.
Additionally, the franchisee will cooperate with the City to allow Cit
employees and/or City agents free access to the franchisees' facilities
and premises for purposes of continuing system operation.
Section 2.28: Rates.
A. At such time as federal and state law permit rate regulation,
the City reserves all rights to implement and impose such regulation, and
may do so by amendment to this Ordinance by separate ordinance b
amendment to a franchise a reement or in any other lawful manner.
B. Nothin in this Ordinance shall prohibit the City from
regulating rates for cable services to the full extent permitted by law.
C. Should a Franchisee desire to 'change any rate or charge, it
shall submit a written proposal for the amounts and effective date of such
change to the CitY Mana er who shall evaluate the proposal in a manner
consistent with Federal C mmunications Commission cable television rate
re ulation standards and time frames and report this evaluation to the
City Commission. The City Commi sion shall decide the matter b
mamority vote and adopt an Ordinance approving, disapproving, or
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modifying the proposed rate changes and providing such further relief as
is appropriate and authorized by Federal Communications Commission rate
regulation standards, including but not limited to the authority to order
refunds where any rate put into effect is found to be unreasonable.
Section 2.29: Performance evaluation.
The Qitvmay conduct periodic performance evaluations of a
franchisee as the City determines is necessary. A franchisee shall
cooperate with _these evaluations reasonably and in good faith. If the 04
implements a survey of cable subscribers in connection with a
performance evaluation, _ the City may require -a franchisee to distribute
the City's questionnaire to its subscribers at the City's expense. Upon
request and upon reimbursement of the Cit 's copyLng costs the
franchisee may receive copies of all responses.
Section 2.30: Administration.
A. The City Manager and/or designee, either directly or through _a
dulyappointed designee, shall have the responsibility for overseeing the
day-to-day administration of this Chapter and franchise agreements. The
City Manager and/or designee shall „ be _empowered to take all
administrative actions on behalf of the City, except for those actions
specified in this Chapter that are reserved to the City Commission. The
City Manacier and/or desi nee may recommend that the Commission take
certain actions with respect to the franchise. The City Mana er shall keep
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the Commission apprised of developments in cable and provide t h e
Commission with assistance advice and recommendations as appropriate.
B. To _ the extent permitted by federal and state law. the City
Commission shall have the sole authority to regulate rate for -.cable
services grant franchises authorize the enterin into of franchise
a reements modify franchise a reements renew or deny renewal of
franchises revoke franchises and authorize the transfer of a franchise.
Section 2.31: Force Majeure.
In the event a franchisee's performance.of or compliance with any of
the.provisions of this Chapter or the franchisee's franchise agreement is
prevented by a cause or event not within the franchisee's control such
inability to perform or comply shall be deemed excused and no penalties or
sanctions shall be imposed as a result thereof,provided, however that
franchisee uses all practicable means to expeditiously cure or correct an
such inability to perform or comply. For purposes of this Chapter and an
franchise a reement ciranted or renewed hereunder, causes or events not
within a franchisee's control shall include without limitation acts of
God floods earthquakes, landslides hurricanes fires and other natural
disasters acts of public enemies riots or civil disturbances, sabotage.
strikes and restraints imposed by order of a governmental ac
gencyor court
unless such order is procured at franchisee's behest . Qauses or events
within franchisee's control and thus onot falling within this section shall
include without limitation franchisee's financial inability to perform or
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comply. economic hardship, and misfeasance, malfeasance or nonfeasance
by any of franchisee's directors officers employees, contractors or
agents.
Section 2.32: Applicability.
A. This Chapter shall be applicable to all cable franchises
ranted modified or transferred the effective date hereof, and shall apply
to all cable franchises granted prior to the effective date of this
Ordinance to the full extent permitted by state and federal law.
B. An cable franchisee whose franchise a reement recta es the
effective date of this Ordinance shall notify the City in writing -within
ninety (90) calendar W,days of the passage of this Ordinance, or any
subsequent amendment thereof. of:
1. any provision which it believes should not be applicable
to it by reason of the re-existin franchise agreement or the continuing
applicability of the prior ordinance: and
2. the reason for each such claim of non -applicability.
C. Failure to notify the City as provided in subsection B of this
Section shall constitute a Twaiver of any right to object.
Section 2.33: Municipal cable s stem ownership
authorized.
A. To the full extent permitted by law, the City -may acquire,
construct, own, and/or operate a_ cable television system.
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11,
1994
B. Nothing in this Chapter shall be construed to limit _in, any- „way
the ability or authority of the -City to acquire, construct own and/or
o erate a cables stem to the full extent permitted by law.
Section 2.34: Reservation of rights.
A. The City reserves the right to amend this Ordinance and an
subsequent franchise a reements granted pursuant hereto as it shall find
necessary in the lawful exercise of its police -powers.
B. Any additional regulations adopted by the city shall be
incorporated into this Ordinance and complied with by all franchisees
within thirty 30 days of the date of adoption of such additional
regulations.
C. The City reserves the right to exercise the power of eminent
domain to acquire the property of the franchisee's cables stem.
D. The City. -shall at all times have the -right, upon reasonable
notice and during normal business hours to examine and copy a
franchisee's records and to inspect a franchisee's facilities to the extent
needed to monitor a franchisee's compliance with and performance under
this Ordinance and the franchisee's franchise agreement.
ection 3. Codification.
It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Tamarac Florida and that the
Sections of this Ordinance may be renumbered relettered and the word
CODING: Words in -stFuelgb type are deletions;
Words in underscored type are additions.
78
Temp. Ord. #1693
July
27,
1994
Revision #1 September
23,
1994
Revision #2 September
28,
1994
Revision #3 October
3,
1994
Revision 4-4 October
11,
1994
"Ordinance" may be chancied to "Section" "Article" or such other word of
phrase. in order to accomplish such intention.
Section 4.00: Repeal of Conflicting Ordinances.
All._preexisting ordinances or resolutions or parts thereof
conflictina or inconsistent with the provisions of this Ordinance are
hereby repealed to the extent of such „conflict: -provided, however, that
nothing, except as permitted by applicable law, in this Ordinance shall be
interpreted or construed to amend, terminate or revoke the grant of that
cable_ television franchise ,awarded_ pursuant to, City Ordinance Nos. 73-36,
and 83-39 until or unless the aforesaid ordinances are superseded or
repealed and a franchise agreement is entered into pursuant to this
Ordinance.
Section 5.00: Severability.
If any part, section subsection or other portion of this Ordinance or
any application thereof to any person or circumstance is declared void,
unconstitutional or invalid for any reason such part, section subsection
or other portion..or the prescribed application thereof, shall be severable
and the remaining provisions of this Ordinance and all applications
thereof not having been declared void, unconstitutional or invalid, shall
remain in full force and effect. The City declares that no invalid or
prescribed rovision or application was an inducement to the enactment of
this Ordinance, and that it would have _`enacted this Ordinance regardless
of the invalid or prescribed provision or application.
CODING: Words ins-threegh type are deletions;
Words in underscored type are additions.
Temp. Ord. #1693
July
27, 1994
Revision #1 September
23, 1994
Revision #2 September
28, 1994
Revision #3 October
3, 1994
Revision #4 October
11, 1994
Section 6.00: Effective Date.
This Ordinance shall become effective immediately upon its passage
and adoption.
PASSED, FIRST READING this day of
PASSED, SECOND READING this /"A day of
IMNOWRMAN-.
►1_ •:
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
1994.
have approved this RECORD OF COUNCIL VOTE
ORDINANCE as to form MAYOR ABRAMOWiTZ
i DIST. 1: V / M KATZ
/ DIST. 2: C / M MISHKIN
DIST. 3: C / M SCHREiBER
MITCHELL ./K FT DIST, 4: Q / W MACHEK
CITY ATT RNEY
(Model Franchise(1693)ms)
CODING: Words in -StFU&-#h+retigh type are deletions;
Words in underscored type are additions.
CITY OF TAMARAC, FLORIDA
_ CABLE TELEVISION ORDINANCE
TABLE CONTENT19
Section
Tie
Page, No.
1.00.
Creation of Ordinance
2
2.01.
Short Title
2
2.02.
Definitions
2
2.03.
Intent and Purposes
10
2.04.
Grant of Authority; franchise
12
required
2.05.
Franchise characteristics
13
2.06.
Franchise subject to other
14
2.07.
Interpretation of franchise terms
14
2.08.
Applications for grant, renewal,
15
modification or transfer of franchises
2.09.
Grant of Franchises
22
2.10.
Commencement of Service
25
2.11.
Insurance; surety; indemnification
25
2.12.
Security fund
28
2.13.
Construction bond
29
2.14.
Minimum facilities and services
31
2.15.
Technical standards
33
2.16.
Access channels and facilities
35
2.17.
Franchise fee 1
36
2.18.
Reports and records
39
2.19.
Customer service requirements
43
2.20.
Subscriber privacy
59
2.21.
Discrimination prohibited
59
�.22.
Use of Streets
61
2.23.
Enforcement remedies
64
2.24.
Renewal of franchise
66
2.25.
Transfers
68
2.26.
Revocation or termination of
70
franchise
2.27.
Continuity of service mandatory
73
2.28.
Rates
74
2.29.
Performance evaluation
75
2.30.
Administration
75
2.31.
Force Majeure
76
2.32.
Applicability
77
2.33.
Municipal cable system ownership
77
authorized
2.34.
Reservation of rights
78
3.00.
Codification
78
4.00.
Repeal of Conflicting Ordinances
79
5.00.
Severability
79
6.00.
Effective Date
80
Signature Page
80