CITY OF MAPLE LAKE ORDINANCE NO 38
SECTION 1 FINDINGS AND INTENT
The
City
finds that thedelivery
of Cable Service and related communications services may contributesignificantly
to the communication needs and desires of residents of theCity
benefit local economicdevelopment
andimprove public
andmunicipal
services TheCity
s
intent inadopting
this Cable Ordinance is to encourage furtherdevelopment
of Cable Service and related communications senrices in theCity
and to ensurethat all Cable Serviceproviders
aresubject
tocomparable obligations
and burdensSECTION 2 SHORT TITLE
This Ordinance will be known and cited as the Cable Ordinance
SECTION 3 DEFINITIONS
For the purposes of this Cable
Ordinance
thefollowing
termsphrases
words
and their derivations have themeaning
given
herein Unless otherwiseprovided
herein
terms
phrases
and words contained in this Cable Ordinance shall have themeaning
ascribed in the Cable
Act
47 USC Sec521
etseq or if not defined herein or in the Cable Act will have their normal andcustomary
meaning
When not inconsistent with thecontext
words in thesingular
number include theplural
number The words must and will arealways
mandatory
and notmerely directory
The wordmay
isdirectory
anddiscretionary
and notmandatory
a Basic Cable Service has the
meaning
ascribed in Cable Act Section522
3
and
543
b
7
b Cable Communications
Svstem
CableSystem
or Svstem has themeaning
ascribed in Cable Act Section522
7
and MinnesotaStatutes
Section238
02
Subd 3
c Cable
Proqramming
Service has themeaning
ascribed in CableAct Section543
I
2
d Cable Service has the
meaning
ascribed in Cable Act Section522
6
e Channel has the
meaning
ascribed in Cable Act Section522
4
f
C
means theCity
ofMaple
Lake
Minnesota amunicipal corporation
inthe State of Minnesota
g Commission means the
Sherburne
Wright
Counties Cable CommunicationsCommission
amunicipal joint
powersentity consisting
of thefollowing
municipalities
RJV 257209v1
SH255 1
Big
Lake Buffalo Cokato Dassel Delano
ElkRiver
Maple
Lake Monticello
Rockford and Watertownh Drop means the cable that connects the
ground
block on the SubscribersTerminal Device to the nearest feeder cable of the
System
i means the Federal Communications
Commission
or its lawful successorJ
Franchise
Cable Franchise or FranchiseAqreement
means anagreement
between theCity
and anyprovider
of Cable Servicepursuant
to this Cable Ordinancegranting
authorization to constructoperate
and maintain aSystem
andprovide
Cable Service in theCity
k Franchise Fee has the
meaning
ascribed in Cable Act Section542
g
1 Grantee is any
recipient
of aFranchise
and itsagents
andemployees
lawful successors transferees orassignees
m Gross Revenues
means
allrevenues
as determined in accordance withGenerally
Accepted Accounting Principles
GAAP
receivedby
a Grantee or its affiliates from theoperation
of a CableSystem
toprovide
Cable Service in theCity By
way ofexample
and notlimitation
Gross Revenues shall include anyadvertising
revenues receivedby
a Grantee or its affiliates in connection with theprovision
of Cable Service Gross Revenues shall not include revenues receivedby
a Grantee or itsaffiliates from the
provision
of Telecommunications Services or other nonCable Services in theCity
baddebt credits
refunds anddeposits paid
toSubscribers
or anytaxes
fees or assessments ofgeneral applicability
collectedby
a Grantee which areimposed directly
on a Subscriber and which are collectedby
a Grantee for suchgovernmental
unitincluding
any PEGCapital
Fees A Franchise Fee is not such atax
fee orassessment
n Installation means the
connection
of aSystem
with the Subscriber TerminalDevice
o MPUC means the Minnesota Public Utilities
Commission
or its lawful successorp Normal Business Hours has the
meaning
ascribed in the FCCsrules
47 CF R76
309
c
4
q Normal
Operating
Conditions has themeaning
ascribed in the FCCsrules
47 CFR76
309
c
4
r PEG Access Facilities means
public
educational
andgovernmental
programming
channels
or anyequipment
or facilities for use ofsuch Channelss Person has the
meaning
ascribed in Cable Act Section522
15
t
Right
of
Way
orRiqhts
of
Way
meansthe
area onbelow
or above apublic roadway
highway
street
cartway
bicycle
lane
andpublic
sidewalk in which the localgovernment
unit has aninterest
including
other dedicatedrights
of
way
for travel purposes andutility
easements of localgovernment
unitsRight
of
Way
does not include the airwaves above aRight
of
Way
withregard
to wireless or other nonwiretelecommunications or broadcast service
u
Right
of
Wav
Ordinance means an ordinance ofgeneral
applicability
adopted by
theCity establishing requirements regarding regulation management
and use ofRights
of
Way including registration
andpermitting requirements
v Standard Installation means any residential installation that can be
completed using
aDrop
of 150 feet orlessw Subscriber means any Person who
lawfully
receives Cable Service via aSystem
x Telecommunications Services shall have the
meaning
ascribed in 47 USC153
46
y Terminal Device means an electronic device that converts
signals
to a form accessibleby
the SubscriberSECTION 4 FRANCHISES
Section 41
Generally
a No Person may
construct
operate
or maintain a CableSystem
orprovide
Cable Service in the
City
unless and until such Person isgranted
a Franchise AllFranchises must be
granted pursuant
to theprovisions
of this Cable Ordinanceb
Any
Franchisegranted
hereunder will authorize a Grantee to deliver CableService and
construct
operate
and maintain a CableSystem
in theRights
of
Way
inthe
City
c All Franchises shall be
nonexclusive
andCity
maygrant
additionalFranchises at any time The
City
will notgrant
an additional Franchise on terms and conditions morefavorable or less burdensome than those in anexisting
Franchise TheCity
mayimpose
additional terms and conditions in any additional Franchised In the event the
City grants
an additional Franchise that a Grantee believes ismore favorable or less burdensome than its
existing
Franchise
the Grantee shall havea
right
topetition
for Franchise amendments to relieve the Grantee ofprovisions
making
its Franchise less favorable or more burdensome The Grantee shall file apetition
that1 Identifies the
competitor
s
2 Identifies the basis for Grantees belief thatcertain
provisions
ofthe additional Franchise are more favorable or less burdensome than itsexisting
Franchise
3 Identifies the Franchise
provisions
to be amendedThe
City
shall notunreasonably deny
such apetition
e This Cable Ordinance and Franchises
granted
pursuant
hereto are intendedto
comply
with Minnesota StatutesChapter
238Any applicable
requirement
establishedby
Minn Stat 238084 notexpressly incorporated
in this Cable Ordinanceor a Franchise shall be deemed
incorporated by
reference in the Franchise ashough
fully
set forth thereinf The
perFormance
of any Grantee issubject
toperiodic
evaluationby
theCity
upon reasonable notice to the GranteeSection 42 Use of
Rights
of
Way
a Use of
Rights
of
Way
tooperate
a CableSystem
andprovide
Cable Servicemust not be inconsistent with the terms and conditions
by
which suchRights
of
Way
were created or dedicated Use ofRights
of
Way
issubject
to allapplicable legal
requirements including
anyRight
of
Way
Ordinance enactedby
theCity provided
however that to the extent thatrights
duties andobligations
regarding
the use ofRights
of
Way
arespecifically
addressed in aFranchise
such Franchise terms shallprevail
over anyconflicting
provisions
ofaRight
of
Way
Ordinanceb The
City
mayconstruct
maintain
repair
or relocate sewersgrade
pavemaintain
repair
relocate andor alter anyRight
of
Way
constructrepair
maintain orrelocate water
mains
or constructmaintain relocate
orrepair
any sidewalk or otherpublic
workc All
System
facilities
lines andequipment
in theCity
must be located so asnof to obstruct or interfere with the proper use of
Rights
of
Way alleys
and otherpublic
ways andplaces
and cause minimum interFerence with therights
ofproperty
owners who abut any of the saidRights
of
Way
alleys
and otherpublic
ways andplaces
and not interfere withexisting public utility
installationsd To the extent
required
in aRight
of
Way
Ordinance
a Grantee must file with theCity
strand mapsplats
or other record of the location of all facilities constructed in theCity including
underground
facilities A Grantee mustupdate
such mapsplats
andpermanent
recordsannually
ifchanges
have been made in theSystem
Consistent withapplicable
statelaw
Grantee mayidentify
such mapsplats
or other records asconfidential trade
secret
andCity
shallcomply
with all state lawsregarding
theprotection
and dissemination of such materialse If the
City
alters
orchanges
thegrade
or location of anyRight
of
Way alley
or other
public
way a Granteeshall
at its own expense uponreasonable
noticeby
City
remove and relocatepoles
wires cables conduits
manholes and otherSystem
fixtures
and in each instancecomply
with the standards andspecifications
ofCity
IfCity
reimburses otheroccupants
of theRight
of
Way
the affected Grantee will be likewise reimbursedf A Grantee shall not
place poles
conduits
or otherSystem
fixtures where the samewill interfere with any gaselectric
telephone
wateror otherutility
fixtures and all suchpoles
conduits
or otherfixturesplaced
in anyRight
of
Way
shall be soplaced
asto
comply
with all lawfulrequirements
ofCity
g A Grantee
will
onrequest
of any Personholding
amoving permit
issuedby
theCity temporarily
move wires or fixtures topermit
themoving
ofbuildings
with the expense of suchtemporary
removal to bepaid by
the Personrequesting
the same and the Grantee will begiven
noless
than ten10
businessdays
advance notice to arrange for suchtemporary changes
h A
Grantee
will be liable for the failure to exercise reasonable careduring
construction
operation
or maintenance ofaSystem
Section 43 Tree
Trimming
A Grantee is authorized to trim any trees upon and
overhanging
theRighis
of
Way
alleys
sidewalks
orpublic
easements ofCity
so as toprevent
the branches of such trees fromcoming
in contact with wires and cables of aSystem
TheCity
maysupervise
treetrimming
activities and condition theauthority
to trim trees as it deemsappropriate
Section 44 Franchise Term
Franchises will be
granted
for a term established in the FranchiseAgreement
No Franchise may begranted
for aperiod
exceeding
fifteen15
years from the date ofacceptance
by
GranteeSection 45
Regulation
of Cable ServiceAny
FranchiseAgreement adopted pursuant
tothis
Cable Ordinance will define thecontractual
rights
andobligations
of theCity
andGrantee
provided
however that a Grantee remainssubject
to the lawful exercise of theCity
s police
power ordinancemaking authority
and power of eminent domainSection 46 Initial Franchise
Applications
a
Upon request
or its owninitiative
theCity
may initiate the cable franchiseapplication
processrequired by
Minnesota Statutes Section 238081Any
Persondesiring
an initial Franchise mustfile anapplication
with theCity
b The
City
will establish anapplication
fee in an amount to offset the costs ofprocessing applications
andawarding
an initial Franchise Suchapplication
fees will not constitute a Franchise Feec
Upon receipt
of anapplication
for an initialFranchise
City
staff will prepare areport
and recommendations to theCity
Councilregarding
theapplication
s
d A
public
hearing
concerning applications
will be heldprior
torejection
oracceptance
ofapplications
and award of any initial FranchisesSection 47 Franchise Renewal
Franchise renewals will be conducted in accordance with
applicable
laws To the extent authorizedby applicable
laws
theCity
mayrequire
reimbursement of its expenses incurred inprocessing
the renewalSECTION 5 CONSTRUCTION STANDARDS
Section 51
Registration
Permits and Construction Codesa Within
ninety 90 days
ofacceptance
of an initialFranchise
a Grantee shallapply
for any necessarygovernmental permits
licenses certificates
and authorizations toconstruct
repair replace
relocate
operate
maintain or reconstruct aSystem
A Grantee may submitpermit applications
as construction progresses asagreed
uponwith the
City
A Grantee muststrictly
adhere to all state and local laws andbuilding
andzoning
codescurrently
or hereafterapplicable
tolocation construction installation
operation
or maintenance of the facilities used toprovide
Cable Service in theCity
b The
City
mayinspect
any construction or installation workperformed
pursuant
to theprovisions
of a Franchise TheCity
may make such tests as it mustfindreasonably
necessary toensurecompliance
with the terms of this CableOrdinance
theFranchise
andapplicable provisions
oflocal
state and federal law Section 52Repair
ofRights
of
Way
andProperty
a
Any
Rights
of
Way
or otherproperty
disturbed ordamaged during
theconstruction
repair replacement
relocation
operation
maintenance or reconstructionof a Cable
System
shall bepromptly
andfully
restoredby
the Granteeperforming
suchwork
at its expense to a condition asgood
asthatprevailing prior
to such workb If a Grantee fails to
promptly
perForm
the restorationrequired
herein
theCity
shall have theright
following
ten10
businessdays
written notice toGrantee
torestore
Rights
of
Way
and otherpublic
property
to a condition asgood
as thatprevailing prior
tothe Grantees work TheCity
shall befully
reimbursedby
the Grantee for its actual costsrelating
to such restorationSection 53
Undergrounding
of Facilitiesa In all areas of the
City
whereutility
facilities arerequired
to beplaced
underground
or where all otherutility
lines areunderground
a Grantee must construct and installSystem
facilitiesunderground
b A Grantee must
bury
newDrops
within a reasonable timeperiod
subject
to weather conditions In the event theground
isfrozen
a Grantee will bepermitted
todelay
burial until theground
is suitable for burial which in no event must be later thanJune 30th
Section 54
Erection
Removal and Joint Use of Polesa In any area of the
City
where facilities may be located aboveground
a Grantee must make use ofexisting
poles
and other facilities to the extenttechnically
andeconomically
feasibleb No
poles above
ground
conduits
amplifier
boxes
similarstructures
or otherwire
holding
structures may be erected or installedby
the Grantee onpublic property
without
prior approval
of theCity
withregard
tolocation
height type
and otherpertinent
aspects
c All facilities are
subject
toapplicable
zoning
and other land useregulations
Section 55Safety Requirements
a A Grantee must at all times
employ ordinary
and reasonable care in theconstruction
installation and maintenance ofSystem
facilities and must useordinary
and reasonable methods and devices for
preventing
failures and accidents which arelikely
to causedamage
injuries
or nuisances to thepublic
AllSystem
facilities must at all times bekept
and maintained ingood
condition
order
andrepair
so that the samemust not menace or
endanger
the life orproperty
oftheCity
orany Personb A Grantee must install and maintain
equipment
and facilities in accordance with allapplicable
federal and state laws andregulations
anyRight
of
Way
Ordinance
and therequirements
of the National ElectricSafety
Code and in such mannerthatthey
will not interfere with
private
radio
police
and fire communications orany installations ofCity
or ofanypublic utility
serving
City
Section 61
System
Capacity
and ChannelsAt a
minimum
any Franchisegranted
hereunder shall describe the Grantees nefinrorkin terms of the total
System capacity
such as the total number ofanalog
anddigital
video channels that can be
provided
Section 62 Cable Service
Availability
a Each Franchise will
identify
arequired
service area in which a Grantee will berequired
to offer Cable Service to alldwellings
homes andbusinesses
subject
to areasonable
density
thresholdAny
additional Franchise will include a service area that is no morefavorable or less burdensome than the service area in anexisting
Franchiseb
Any
Franchisegranted
hereunder may establishrequirements
for the extension of theSystem
andprovision
of Cable Service to areas that may be annexedby
theCity beyond
theinitially required
service areac Cable Service shall not be denied to any group of
potential
residential cableSubscribers because of the income of the residents of the area in which such group
resides
Section 63 NonStandard Installations A Grantee must
provide
Cable Service to any Personrequesting
other than a Standard Installationexcept
that aGrantee may
charge
for the incremental increase in material and labor costs incurred above the cost ofmaking
a Standard InstallationSection 64 Technical Standards
Any System offering
Cable Service in theCity
mustcomply
atminimum
with the technical standardspromulgated
by
the FCCrelating
toCable
Systems
pursuant
to Title47
Section 76601 to76
617
as may beamended or modified from time to time
Section 65
System Testing
a A Grantee shall
perform
allSystem testing required pursuant
to the FCCs technical standards andrequirements
In the event theCity
identifiessignal
orSystem
perFormance
difficulties which may constitute violations ofapplicable
FCC technicalstandards
theGrantee
will be notified and afforded ten10 days
to correctproblems
orcomplaints
If theperFormance difficulty
is not resolved within ten10 days
inCity
s
soledetermination
theCity
mayrequire
the Grantee to demonstratecompliance
viatesting
orother means selectedby
the Granteeb The
City
may test anySystem
or facilities used toprovide
Cable Service in theCity
TheCity
will seek to arrange itstesting
so as to minimizehardship
orinconvenience to Grantee and Subscribers In the event that
testing
reveals
that thesource of the technical
difficulty
is within the Grantees reasonablecontrol
the cost of thetesting
must be borneby
the Grantee If thetesting
reveals the difficulties to becaused
by
factors that arebeyond
Grantees reasonablecontrol
the cost of thetesting
must be borneby
theCity
Section 66 FCC
Reports
A Grantee
must
upon writtenrequest
fromCity
file allrequired
FCC technicalreports
with theCity
Section 67
Emergency
AlertSystem
A Grantee must
provide
an emergency alertsystem
EAS
thatcomplies
with FCCrequirements
A Grantee must further ensure thatCity
caninsert
ordirect the insertionof
brief audio and video emergency messagessimultaneously
on all Channels or asingle
Channel towhich Subscribers are directed TheCity
shallindemnify
Grantee forCity
s
use of a CableSystem
for emergency messagesSECTION 7 CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS
Section 71
Regulation
of Cable Service RatesThe
City
mayregulate
rates for theprovision
of Cable Service to the extent allowed under federal or statelaw
s
A Grantee must file a list of current Subscriber rates andcharges
with theCity
which lists will be maintained onfile withCity
and will be available forpublic inspection
A Grantee mustgive
theCity
and Subscribers written notice of anychange
in a Cable Service rate orcharge
no less thanthirty 30 days prior
to theeffective date of the
change
Section 72 Sales Procedures
A Grantee may not exercise
deceptive
salesprocedures
that violate state laws whenmarketing
any of its Cable Services withinCity
A Grantee may conductmarketing
consistent with local ordinances and otherapplicable
laws
andregulations
Section 73
Telephone Inquiries
andComplaints
a A Grantee must maintain
local
tollfree or collect calltelephone
access lines which will be available to its Subscribers 24 hours aday
sevendays
a week AGrantee must
comply
with the FCCs customer servicestandards
a current copy of which is attached heretoSection 74
Complaint
and Other Service Recordsa
Upon
writtenrequest
by
theCity
andsubject
to a Granteesobligation
tomaintain the
privacy
of certaininformation
a Grantee must prepare and maintain written records of all writtencomplaints
received and the resolution of suchcomplaints
including
the dateof such resolutionb Written
complaint
records must be on file at the office of a GranteeUpon
writtenrequest by
theCity
a Grantee mustprovide
theCity
with a written summary of suchcomplaints
and their resolution and in a formmutually agreeable
to theCity
and Granteec
Upon
writtenrequest
by
theCity
a Grantee mustprovide
detailedcompliance
reports
on aquarterly
basis withrespect
to theobjectively
measurable servicestandards
required
in this Section A Grantee will not berequired
toacquire equipment
orperForm
surveys to measurecompliance
with thetelephone answering
standardscontained in this Section unless a historical record of
complaints
indicates a failure tocomply
Section 75 Subscriber Contracts
A Grantee must
provide
to theCity
uponrequest
any standard form Subscribercontract utilizedSection 76 Video
Programming
All Franchises will
comply
with 47 USC544
b
regarding
the broadcategories
of videoprogramming provided
Individualprogramming
decisions may be made in the Grantees sole discretion
Section 77
Billing
and Subscriber Communicationsa A Grantee must
give
theCity
and Subscribersthirty
30
days
advancewritten notice of any
changes
in ratesprogramming
services
or channelalignments
b Bills must be
clear concise
and understandable Bills mustclearly
delineate allactivity during
thebilling period including optional charges
rebates
and credits Incase of a
billing dispute
the Grantee mustrespond
to a writtencomplaint
from a Subscriber within 30days
Section 78 Refunds and Credits
a Credits must be issued no later than the Subscribers next
billing cycle
following
the determination that a credit is warrantedb In the event a Subscriber establishes or terminates Cable Service and
receives less than a full months Cable
Service
the Grantee mustprorate
themonthly
rate on the basis of the number ofdays
in theperiod
for which Cable Service was rendered to the number ofdays
in thebilling
Refund checks will be issuedpromptly
but no later than the nextbilling cycle following
the return of theequipment supplied by
the Grantee if Cable Service is terminatedSection 79 Additional Customer Service
Requirements
The
City
mayadopt
additional or modified customer servicerequirements
to address subscriber concerns orcomplaints
tothe extentpermitted by
lawSECTION 8
COMMUNITY
SERVICESSection 81 PEG Access Facilities
Franchises will establish
obligations
toprovide
PEG Access Facilities to meet thecommunity
s
needs and interests TheCity
willoperate
administer and manage PEG Accessprogramming
and theCity
maydelegate
its PEG Accessauthority
andresponsibilities
to the Commission All franchises must containequivalent
PEG Aceessobligations
on any franchisedprovider
of Cable ServicesSection 82 Service to Public or Educational Institutions
Franchises will establish
obligations
for theprovision
of free or reduced cost Cable Services to identifiedpublic
oreducational institutionsSECTION 9 ADMINISTRATION PROVISIONS Section 91 Administration of Franchise
The
City
will havecontinuing
regulatory
authority
over CableSystems
CableServices
and Franchise
compliance
TheCity
maydelegate
any and allregulatory authority
to the Commission A Grantee mustfully
cooperate
with the Commission in the exercise ofregulatory authority delegated
by
theCity
Section 92 Franchise Fee
a A Grantee must pay to the
City
a Franchise Fee in the amount established inthe Franchise
Agreement
b Each Franchise Fee
payment
must beaccompanied
by
areport
certifiedby
an authorizedrepresentative
of theGrantee
in formreasonably
acceptable
toCity
detailing
thecomputation
of thepayment
All amountspaid
must besubject
to audit andrecomputation by
theCity
andacceptance
of anypayment
must not be construed as an accord that the amountpaid
is in fact the correct amountc A Grantee may
designate
thatportion
of a Subscribers bill attributable to theFranchise Fee as a
separate
line item on the billSection 93 Access to Records
a The
City
may upon reasonable notice andduring
Normal BusinessHours
and
subject
to theprivacy provisions
of 47 USC 521 et seqinspect
at amutually
convenient location any records of
System operations
maintainedby
a Grantee thatrelate to a Grantees
compliance
with itsFranchise
including
specifically
Grantees Gross Revenue records A Grantee mayidentify
and label documents as confidential trade secret in accordance with Section 42 aboveb A Grantee must prepare and furnish to the
City
suchreports
asCity
mayreasonably request
withrespect
tooperation
of theSystem
andprovision
of Cable Services in theCity
or any oheroperations
affairs
transactions orproperty
subject
to this FranchiseSECTION 10 INDEMNIFICATION AND INSURANCE
Section 101 Indemnification of the
City
a A Grantee must
indemnify
defend and hold harmless theCity
itsofficers
boards
committees commissions
electedofficials
employees
andagents
from andagainst
any loss ordamage
to any real orpersonal property
of anyPerson
or for anyinjury
to or death of anyPerson
arising
out of or in connection with theconstruction
operation
maintenance
repair
or removal of aSystem
or other facilities usedby
aGrantee to deliver Cable Service
b A Grantee must
indemnify
defend
and hold theCity
itsofficers boards
committees commissions
electedofficials
employees
andagents
harmless from andagainst
alllawsuits claims actions
liability damages
costs
expenses orpenalties
incurred as a result of the award orenforcement of its Franchisec A Grantee shall not be
required
toprovide
indemnification or defense for any intentionalmisconduct
willfulneglect
ornegligence by
an IndemnifiedParty
for any enforcement action takenby
theCity against
aGrantee
of for any claim basedsolely
on the
City
s operation
of PEG AccessFacilities
delivery
of PEG Accessprogramming
or EAS messagesoriginated by
theCity
Subject
to the limitations in Minnesota StatutesChapter
466
theCity
shallindemnify
defend and hold a Grantee harmless from anydamage
resulting
from any intentionalmisconduct
willfulneglect
ornegligence by
theCity
itsofficers boards committees commissions
electedofficials
employees
andagents
inutilizing
PEG Access Facilities orChannels
delivering
EAS messagesoriginated by
theCity
or in connection with workperformed
on oradjacent
to theSystem
d With
respect
to each claim for indemnification1 the
City
mustpromptly notify
the Grantee inwriting
of anysuit
claim orproceeding
whichgives
rise to suchright
2 the Grantee must afford the
City
anopportunity
toparticipate
in anycompromise
settlement or other resolution ordisposition
of anysuit
claim orproceeding
and3 the
City
mustcooperate
with reasonablerequests
of theGrantee
at Grantees expense in its
participation
in asuit
claim orproceeding
Section 1021nsurance
a A Grantee must obtain and maintain in full force and
effect
at its soleexpense a
comprehensive general
liability
insurancepolicy
inprotection
of theGrantee
and theCity
itsofficers
electedofficials boards commissions
agents
andemployees
fordamages
which may arise as a result ofoperation
of theSystem
ordelivery
of Cable Serviceb The
policies
of insurance must be in the sum of not less than One Million Dollars1
000
000
00
forpersonal
injury
or death of any onePerson
and Two Million Dollars2
000
000
00
forpersonal
injury
ordeath oftwo or more Persons in any oneoccurrence Five Hundred Thousand Dollars
500
000
00
forproperty damage
to anyone
person
and Two Million Dollars2
000
000
00
forproperty damage resulting
from any one act or occurrencec The insurance
policy
must be maintainedby
Grantee in full force and effectduring
the entire term of the Franchise Eachpolicy
of insurance must contain astatement on its face that the insurer will notcancel the
policy
or fail to renew thepolicy
whether for
nonpayment
ofpremium
or otherwise and whether at therequest
ofGrantee or for other reasons
except
aftersixty 60 days
advance written notice have beenprovided
totheCity
SECTION 11 FRANCHISE TRANSFER OR
ABANDONMENT
Section 111Abandonment of Service A Grantee may not discontinue the
provision
of Cable Service withouthaving
firstgiven
three3
months written notice to theCity
Section 112
System
Removal AfterAbandonment
Termination or Forfeiturea In the event of termination or forfeiture of the Franchise or abandonment
of the
System
theCity
mayrequire
the Grantee to remove all or anyportion
of itsSystem
from allRights
of
Way
andpublic
property
within theCity
provided
however that the Grantee will not berequired
to remove itsSystem
to the extent itlawfully
provides
Telecommunications
Services overtheSystem
b If the Grantee has failed to commence removal of its
System
or suchpart
thereof as was
designated
by
theCity
within one hundredtwenty
120
days
after written demand for removal isgiven
or if the Grantee has failed tocomplete
suchremoval within twelve
12
months after written demand for removal isgiven
theCity
mayapply
funds securedby
the Franchisetoward removalSection 113 Sale orTransfer ofFranchise
a
No
sale or transfer ofownership
of a Grantee or fundamentalcorporate
change
in a Grantee as defined in Minn Stat238
083
nor sale of transfer of aFranchise
ispermitted
withoutCity
approval Any
sale ortransfer ofstock in a Granteecreating
a newcontrolling
interest constitutes a sale or transfer ofownership
Acontrolling
interest includesmajority
stockownership
or a lesser amount sufficient to confer actualworking
control in whatevermanner
exercisedCity
approval
shall not berequired
where aGrantee grants
asecurity
interest in its Franchise orSystem
to secure an indebtednessb A Grantee must file a written
request
with theCity prior
to any transactiondescribed above The
City
will approve ordeny
a transferrequest
within one hundred andfinrenty
120 days
ofreceipt
of a writtenrequest
TheCity
will notunreasonably
withhold itsapproval
c In no event will a transaction be
approved
unless anyproposed
new Grantee becomes asignatory
to
and assumes allrights
andobligations
under
the Franchised In the event of any
proposed
transaction describedabove
theCity
will have theright
topurchase
theSystem
In the event a Grantee has received a bona fide offer forpurchase
of itsSystem
theCity
shall have theright
topurchase
for theprice
whichthe
proposed
assignee
or transfereeagreed
topay The
City
will be deemed to have waived itsright
topurchase
theSystem
in thefollowing
circumstances1 The
City
does notnotify
the Grantee inwriting
within 60days
ofnotice
that it intends to exercise itsright
ofpurchase
or 2 TheCity
approves the transactionSECTION 12 PROTECTION OF INDIVIDUAL RIGHTS
Section 121
Discriminatory
Practices ProhibitedNo Grantee may
deny
Cable Serviceor otherwise discriminateagainst
citizens or businesses on the basis of racecolor
religion
nationalorigin
sex age status as topublic assistance
affectionalpreference
ordisability
Section 122Subscriber
Privacy
a A Grantee must
comply
with the subscriberprivacy
related requirements
of47 USC 551
b No
signals
of a Class IV Channel may be transmitted from a Subscriberterminal for
purposes
ofmonitoring
individualviewing
patterns
orpractices
without the express written authorization of the SubscriberSECTION 13
UNAUTHORIZED CONNECTIONS
ANDMODIFICATIONS
Section 131 Unauthorized Connections or Modifications Prohibited
a It is unlawful for any
Person
without the expressconsent
of theGrantee
tomake or
passess
or assistanybody
inmaking
orpossessing
anyconnection
extension
ordivision
whetherphysically
acoustically inductively
electronically
orotheNVise
with orto anysegment
of a GranteesSystem
b It is unlawful for any Person to
willfully
interfere tamper
removeobstruct
ordamage
orassistthereof
anypart
orsegment
ofaSystem
forany
purpose
c
Any
Person foundguilty
ofviolating
this section may be fined not less thanTwenty
Dollars
20
00
and the costs of the action nor morethan Five Hundred Dollars500
00
and the costs of the action for each and everysubsequent
SECTION 14 ENFORCEMENT OFTHE CABLE ORDINANCE OR
FRANCHISE
Section 141Violations or Other Occurrences
Giving
Rise to Enforcement Actiona In order to take enforcement action
pursuant
to this Cable Ordinance or aFranchise
theCity
mustprovide
the Grantee with written notice of the violation or otheroecurrence giving
rise to theCity
s
actionb The Grantee shall have
thirty 30 days
subsequent
toreceipt
of the notice to cure the violation or occurrencegiving
rise to theCity
s
actionAltematively
theGrantee
may
within fourteen14
days
ofreceipt
of notice from theCity notify City
inwriting
that there is adispute
as to whether a violation or failure has in fact occurredSuch written notice
by
the Grantee totheCity
shallspecify
withparticularity
the mattersdisputed
by
Granteec In the event a Grantee does not
timely
cure to theCity
s
satisfaction the violation or otheroccurrencegiving
riseto
theCity
s
action
ortimely
disputes
whetheraviolation
hasoccurred
theCity
will schedule apublic
hearing
affording
Grantee due process TheCity
will endeavor to schedule thehearing
for a date withinninety 90
days
of the initial violation notice Notice of thehearing
must beprovided
to theGrantee
d At the
completion
of thehearing
theCity
will issue writtenfindings
offact and its final determinatione In the event
City
determines that no violation has takenplace
theCity
willrescind the notice of violation in
writing
Section 142 Franchise Revocation
a In addition to all other
rights
and remedies that theCity
possessespursuant
to
law
equity
and the terms of the FranchiseAgreement
theCity
may revoke or terminate theFranchise
and allrights
andprivileges
pertaining
thereto
in accordance with Section 141 if theCity
determines that1
The
Granteehas
violated any materialrequi
ement
orprovision
of the Cable Ordinance or a Franchise and hasfailed
totimely
cure or2 The
Grantee
hasattempted
toevade
any of the materialprovisions
ofthe
Cable
Ordinance
or aFranchise
or3 The Grantee
has
practiced
fraud or deceit uponthe City
or aSubscriber
or4
The
Granteehas fled
forbankruptcy
b
During
anyrevocafiion
proceeding
andany
appeal
period
theFranchise
will remain in full force andeffeef
unless
the
termthereof
soonerexpires
Section 143
Compliance
withFederal
State and Local LawsThe
City
and Granteewill
conform tofederal and statelaws
and
rulesregarding
Cable
Service
ortheSystem
asthey
becomeeffective
Section 144Effective Date
This Cable
Ordinance
iseffectivethe
day
after itspublication
Adopted
by
theCity
Council of theCity
ofMaple
Lake this18
day
ofJanuary
2005e