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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 CODING: Words in —,tniek-#wough type are deletions; Words in underscored type are additions. F 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. CODING: Words in sth 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 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. CODING: Words in struek through 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 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 CODING: Words in strue�k thFeugh 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 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 CODING: Words in struek through type are deletions; Words in underscored type are additions. n 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 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. CODING: Words in 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 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 CODING: Words in type are deletions; Words in underscored type are additions. 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 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. CODING: Words in struthrough 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 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 CODING: Words in stFue{( through type are deletions; Words in underscored type are additions. 10 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 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. CODING: Words in -et it through type are deletions; Words in underscored type are additions. 11 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 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 CODING: Words in thfetigh type are deletions; Words in underscored type are additions. 12 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 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 CODING: Words in -str-uel( !hroug type are deletions; Words in underscored type are additions. 13 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 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 CODING: Words in d type are deletions; Words in underscored type are additions. 14 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 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 CODING: Words in struek through type are deletions; Words in underscored type are additions. 15 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 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 CODING: Words in -st k through type are deletions; Words in underscored type are additions. TI 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 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 CODING: Words in hr-e y type are deletions; Words in underscored type are additions. 17 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 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 CODING: Words in type are deletions; Words in underscored type are additions. w Temp. Ord. #1693 July 27, 1994 Revision #1 September 23, 1994 Revision #2 September 28, 1994 Revision 43 October 3, 1994 Revision #4 October 11, 1994 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 CODING: Words in struel( tlareegb type are deletions; Words in underscored type are additions. UP] 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 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: CODING: Words in StMek through type are deletions; Words in underscored type are additions. M11 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 CODING: Words ins; thFougb type are deletions; Words in underscored type are additions. 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 CODING: Words in-$tf-uek-1ifeugh type are deletions; Words in underscored type are additions. 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 CODING: Words in del-t#reegh type are deletions; Words in underscored type are additions. 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 CODING: Words in gh type are deletions; Words in underscored type are additions. 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. CODING: Words in �tFuek through type are deletions; Words in underscored type are additions. 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. CODING: Words in -sty-thfettgh type are deletions; Words in underscQred type are additions. 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 CODING: Words in ,Tough type are deletions; Words in underscored type are additions. 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. CODING: Words in h type are deletions; Words in underscored type are additions. 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 CODING: Words in struok through type are deletions; Words in underscored type are additions. 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. CODING: Words in struekzhfeugb type are deletions; Words in underscored type are additions. 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. CODING: Words in type are deletions; Words in underscored type are additions. 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 CODING: Words in streelthrough type are deletions; Words in underscored type are additions. 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." CODING: Words in struek through type are deletions; Words in underscored type are additions. 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 CODING: Words in -strue!( threugtype are deletions; Words in underscored type are additions. 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 CODING: Words in st,=uek thret�g+a type are deletions; Words in underscored type are additions. 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. CODING: Words in-struel( thFeUgh type are deletions; Words in underscored type are additions. MI 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 CODING: Words in strueli thMugh type are deletions; Words in underscored type are additions. 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 CODING: Words in stru Ouh type are deletions; Words in underscored type are additions. 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 CODING: Words in �t,=uek through type are deletions; Words in underscored type are additions. 39 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 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 CODING: Words in -sttrue4( through type are deletions; Words in undgrscored type are additions. 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 CODING: Words in struek threuo type are deletions; Words in underscored type are additions. 41 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. CODING: Words in-struel( through type are deletions; Words in underscored type are additions. MEI 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 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. CODING: Words in type are deletions: Words in underscored type are additions. 43 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 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: CODING: Words in struel( threulgh type are deletions; Words in underscored type are additions. 44 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 CODING: Words in h type are deletions; Words in underscored type are additions. 067 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 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. CODING: Words in StFUCk thMugh type are deletions; Words in underscored type are additions. 11V 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 CODING: Words in struek through type are deletions; Words in underscored type are additions. CWA 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 CODING: Words in stfttel( t#feUotype are deletions; Words in underscored type are additions. 48 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 CODING: Words in type are deletions; Words in underscored type are additions. 49 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 CODING: Words in -str-uek throng type are deletions; Words in underscored type are additions. all 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 CODING: Words in hreu" type are deletions; Words in underscored type are additions. 51 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. CODING: Words in strtreE gh type are deletions; Words in underscored type are additions. 52 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: CODING: Words in type are deletions; Words in under o� type are additions. 53 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 (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. CODING: Words in type are deletions; Words in underscored type are additions. 54 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 _ (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. CODING: Words in strue� g-19 type are deletions; Words in underscored type are additions. 6�1 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 CODING: Words in -st type are deletions; Words in underscored type are additions. 56 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. CODING: Words in struek thFOUgh type are deletions; Words in underscored type are additions. 57 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 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 CODING: Words in -str -44muo type are deletions; Words in underscored type are additions. Mi 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 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 CODING: Words in strue�k thFOugh type are deletions; Words in underscored type are additions. 59 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 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 CODING: Words in-strueli thFOUgh 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 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. CODING: Words in type are deletions; Words in underscored type are additions. 61 Temp. Ord. #1693 July 27, 1994 Revision 41 September 23, 1994 Revision #2 September 28, 1994 Revision #3 October 3, 1994 Revision #4 October 11, 1994 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. CODING: Words in -94fuek-1hfeugh type are deletions; Words in underscored type are additions. [APA Temp. Ord. 41693 July 27, 1994 Revision #1 September 23, 1994 Revision #2 September 28, 1994 Revision 4-3 October 3, 1994 Revision #4 October 11, 1994 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. CODING: Words in struek through type are deletions; Words in underscored type are additions. M-3 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 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. CODING: Words in Lek-4hr-f q type are deletions; Words in underscored type are additions. Cam! 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 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 CODING: Words in struek through type are deletions; Words in underscored type are additions. 65 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 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 CODING: Words in -stfuek-t type are deletions; Words in underscored type are additions. Temp. Ord. #1693 July 27, 1994 Revision #1 September 23, 1994 Revision #k2 September 28, 1994 Revision #3 October 3, 1994 Revision #4 October 11, 1994 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 CODING: Words in type are deletions; Words in underscored type are additions. 67 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 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 CODING: Words in type are deletions; Words in underscored type are additions. LY] 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 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 CODING: Words in 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 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 CODING: Words in -stFuel( 111FOUgh type are deletions; Words in underscored type are additions. Z�] Temp. Ord. 41693 July 27, 1994 Revision #1 September 23, 1994 Revision #2 September 28, 1994 Revision #3 October 3, 1994 Revision 414 October 11, 1994 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 CODING: Words in struek through type are deletions; Words in underscored type are additions. 71 Temp. Ord. #1693 July 27, 1994 Revision 41 September 23, 1994 Revision 42 September 28, 1994 Revision #3 October 3, 1994 Revision #4 October 11, 1994 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. CODING: Words in -s-t-njek4#re0 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 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 CODING: Words in strue�9b type are deletions; Words in underscored type are additions. 73 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 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 CODING: Words in -str el t#reugh type are deletions; Words in underscored type are additions. 74 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 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 CODING: Words in struek th etrgh type are deletions; Words in underscored type are additions. `A61 Temp. Ord. #1693 July 27, 1994 Revision 41 September 23, 1994 Revision #2 September 28, 1994 Revision #3 October 3, 1994 Revision #4 October 11, 1994 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 CODING: Words in struel( hreuo type are deletions; Words in underscored, type are additions. F901 Temp. Ord. #1693 July 27, 1994 Revision 41 September 23, 1994 Revision #2 September 28, 1994 Revision #3 October 3, 1994 Revision 44 October 11, 1994 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. CODING: Words in struel( through type are deletions; Words in underscored type are additions. 77 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. 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