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HomeMy WebLinkAboutIII(G) Proposed Ordinance Granting Non-Exclusive Cable TV Franchise to Telesat Cablevision, Inc. AGENDA 7-19-88 ITEM III G THOMAS R. ISON TELEPHONE (407) 656-2322 Ocoee MAYOR•COMMISSIONER i # CITY OF OCOEE o COMMISSIONERS 150 N.LAKESHORE DRIVE RUSTY JOHNSON OCOEE,FLORIDA 32761 •« God LESTER DABBS,JR. JOHN BATEMAN VARD J. HAGER °'�xrern+"y CITY MANAGER OCOEE TEDDY C. RYAN,JR. MEMORANDUM A BICENTENNIAL COMMUNITY DATE: JULY 15, 1988/M-048 TO: HONORABLE MAYOR AND BOA • , CITY COMMISSIONERS FROM: HELEN CATRON, CITY CLER41' SUBJECT: TELESAT CABLEVISION, INC Per your direction we checked with Attorney Ike Cool regarding necessary legal steps to bring the request from Telesat off the table and back on the agenda. He said that we could go with the first reading of the proposed Ordinance and then proceed with the required four weeks consecutive advertising . The Public Hearing has to be held thirty days after the first advertisement appears . This will make the Second Reading and Public Hearing appear on the 9/6/88 agenda. HC/tb "CENTER OF GOOD LIVING— THE PRIDE OF WEST ORANGE" 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE OCOEE CITY COMMISSION; GRANTING A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO TELESAT CABLE- 4 VISION, INC. ; PROVIDING LEGISLATIVE FINDINGS; PROVIDING REGULATIONS AND CONDITIONS THEREOF; PROVIDING SEVERABILITY; 5 PROVIDING AN EFFECTIVE DATE. 6 BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: 7 Section 1 . Legislative Findings. The Ocoee City Com- 8 mission hereby makes the following legislative findings and 9 intent: 10 (1 ) Telesat Cablevision, Inc. (hereafter "Franchisee" ) 11 has filed an application for a non-exclusive cable television 12 franchise throughout the City of Ocoee on March 7 , 1988 . 13 ( 2) Pursuant to its home rule powers under Florida 14 law, and consistent with Section 166 . 046 , Florida Statutes, and 15 the Cable Communications Policy Act of 1984, 47 USCS § 521 et 16 seq, and rules promulgated thereunder, the City regulates any 17 cable television systems which wish to operate within the 18 incorporated boundaries of the City of Ocoee. 19 ( 3 ) The City has this day held a duly noticed public 20 hearing in accordance with § 166 . 046 (2) , Fla. Stat. 21 (4 ) The City has received competent, substantial evi- 22 dence in the form of testimony and other documents and has con- 23 sidered the economic impact upon private property within the 24 proposed franchise area, the public need for such franchise, 25 the capacity of public rights-of-way to accomodate the cable 26 system, the present and future of the public rights-of-way to 27 be used by the cable system, the potential disruption to 28 existing users of the public rights-of-way to be used by the 29 cable system and the resulting inconvenience which may occur to 30 the public, the financial ability of the franchise applicant to 31 perform, and other societal interests . 32 ( 5 ) The first cable television operator in the City 33 of Ocoee was Group W Cable, Inc. , and they tranferred their 34 franchise to Cablevision Industries of Central Florida, Inc. 35 (hereafter "CI" ) effective July 3, 1984 . 36 (6 ) To the extent required by law, all burdens 1 1 imposed on CI as successor to the first cable operator in the 2 City are hereby imposed on the Franchisee to the extent it is 3 likewise the first operator to serve areas in the City. 4 (7) Based upon the evident and testimony received 5 during the public hearing on May 17 , 1988, the City determined 6 that it was in the best interest of the public welfare of the 7 citizens of the City of Ocoee to grant a franchise subject to 8 the terms and conditions set forth in this ordinance. 9 Section 2 . Definitions. The parties agree that in 10 construing this Agreement, the following words, phrases and 11 terms shall have the following meanings unless the context 12 requires otherwise: 13 2 . 1 . "Cablecasting" means programming carried on a 14 cable system, exclusive of broadcast signals, whether origi- 15 nated by the cable operator or any other party. 16 2 . 2. "Cable Communications System" or "System" means 17 any system which receives and amplifies signals broadcast by 18 one or more television and/or radio stations and which 19 transmits programming originated by the system itself or by 20 another party, and distributes such signals and programming by 21 wire, cable, microwave, satellite, or other means to persons 22 who subscribe to such service. 23 2 . 3 . "City" means the City of Ocoee, Florida. The 24 City of Ocoee, in its present incorporated form, or as it may 25 be changed by annexation. 26 2 .4 . "Commission" means the City Commission of the 27 City of Ocoee, Florida. 28 2 .5 . "FCC" means the Federal Communications Commis- 29 sion, its successors, or other legal entity authorized and 30 designated as the controlling legal Federal Agency as estab- 31 lished by the Congress of the United States. 32 2. 6 . "Franchisee" means Telesat Cablevision, Inc. 33 2.7 . "Gross Revenues" means any and all compensation, 34 in whatever form, exchange or otherwise, derived from the pro- 35 vision of all cable services and transmission facility in the 36 City. 2 1 2 . 8 . "Subscriber" means a recipient of cable televi- 2 sion service. 3 Section 3 . Grant of Authority. 4 3 . 1 . The City hereby grants to Franchisee, the right 5 and privilege to construct, erect, operate and maintain, in, 6 upon, along, across, above, over and under the streets, alleys, 7 public ways and public places now laid out or dedicated and all 8 extensions thereof, and additions thereto, in the City poles, 9 wires, cable, underground conduits, manholes, and other cable 10 conductors and fixtures necessary for the maintenance and 11 operation in the City of Ocoee, of a Cable Communications Sys- 12 tem, to be used for the sale and distribution of cable services 13 to the residents of the City. Said broadband cable service 14 shall include, but shall not be limited to, the carriage of 15 television and radio signals and any cablecasting programming. 16 This is a non-exclusive franchise and nothing contained herein 17 shall prohibit the City of Ocoee, from granting franchise 18 agreements to other Cable Communications System companies. The 19 Franchisee shall, at all times during the operation of this 20 franchise, be subject to all lawful exercise of the police 21 power as may be hereafter provided by the franchising 22 authority. 23 3 . 2 . The Franchisee shall not be deemed to enjoy any 24 terms or conditions hereunder which are more favorable or less 25 burdensome than those in the CI franchise. The City hereby 26 declares that, to the fullest extent required by law and per- 27 mitted by state and federal constitutions, the foregoing sen- 28 tence shall govern in the event of conflict with any other 29 provision of this franchise. 30 Section 4 . Franchise Territory. 31 4 . 1 . The franchise is for the present territorial 32 limits of the City of Ocoee, and for any area henceforth added 33 thereto during the term of this franchise. 34 4 . 2 . The Franchisee shall be obligated to make cable 35 service available to all dwelling units in the City, at its 36 regular installation and service rates , subject to only the 3 1 following exceptions : 2 ( 1 ) Unserved areas with a density of fifty ( 50) 3 dwelling units per contiguous aerial cable mile shall be pro- 4 vided with cable television service within ninety ( 90) days 5 after service is requested. 6 ( 2) In other areas, the service need not be 7 available at regular installation rates where there is a 8 dwelling unit density of less than fifty ( 50) per contiguous 9 aerial cable mile. Any potential subscriber(s) in an area of 10 less than fifty (50) dwelling units per contiguous aerial cable 11 mile may receive cable service upon payment of an installation 12 charge equal to the actual cost per subscriber of extending the 13 cable plant to provide service, less the cost the company would 14 have incurred per subscriber had the density been fifty ( 50) 15 dwelling units per contiguous aerial cable mile. 16 Section 5 . Duration of Franchise. The rights, privileges 17 and authorizations hereby granted shall expire upon August 1, 18 1999 . 19 Section 6 . Police Powers . In accepting this franchise, 20 Franchisee acknowledges that its rights hereunder are subject 21 to the police powers of the City, to adopt and enforce ordi- 22 nances necessary to the safety and welfare of the public; and 23 it agrees to comply with all applicable general laws and ordi- 24 nances enacted by the City, pursuant to such power. 25 Section 7 . Transfer of Control. The franchise, or control 26 thereof, shall not be transferred or assigned without the prior 27 written consent of the City, which consent shall not be arbi- 28 trarily or unreasonably withheld. Such consent shall be given 29 only after a hearing upon a written application therefor on 30 forms to be prescribed by the City. The application for con- 31 sent to a transfer or assignment shall be signed by Franchisee 32 and by the proposed transferee or assignee, or by their repre- 33 sentatives, evidence of whose authority shall be submitted with 34 the application. 35 36 4 1 Section 8 . Installation, Indemnification. 2 8 . 1 . In installing, operating, and maintaining equip- 3 ment, cable and wires, Franchisee shall avoid all unnecessary 4 damage and injury to trees, structures and improvements in and 5 along the cable routes authorized by the City. 6 8 . 2. Franchisee shall indemnify and hold the City 7 harmless at all times during the term of the franchise from any 8 and all claims for injury and damage to persons or property, 9 both real and personal, caused by the installation, operation, 10 or maintenance of any structure, equipment, wire or cable 11 authorized to be installed pursuant to the franchise. Upon 12 receipt of notice in writing from the City, Franchisee shall, 13 at its own expense, defend any action or proceeding against the 14 City, in which it is claimed that personal injury or property 15 damage was caused by activities of Franchisee in the installa- 16 tion, operation, or maintenance of its system. 17 8. 3 . The City shall have the right, during the life of 18 this franchise, to install and maintain, free of charge, upon 19 the poles of Franchisee, any wire and pole fixtures that do not 20 unreasonably interfere with the CATV operations of Franchisee. 21 The City agrees to indemnify, defend and hold Franchisee 22 harmless from actions resulting from the City' s use thereof. 23 8 .4 . Franchisee shall, during the life of this 24 franchise, at such times prior to commencing underground or 25 trench cable construction in the City, apply to the City for 26 all necessary or required licenses, permits, etc. , required to 27 commence and undertake underground or trench cable construction 28 within the City. Franchisee shall also pay all required City 29 license or permit fees as are normally specified by the City, 30 in order to undertake such underground or trench cable 31 construction within the City. 32 8 . 5. The Franchisee shall indemnify and hold harmless 33 the City and its officers and employees against any and all 34 losses, claims, damages and liabilities arising out of the 35 grant of this franchise, including any amount paid in settle- 36 ment of any litigation commenced or threatened which arises 5 1 from the grant of this franchise (but only if such settlement 2 is effected with the written consent of the Franchisee) . Upon 3 receipt of notice in writing from the City, Franchisee shall, 4 at its own expense, defend any action or proceeding against the 5 City, in which it is claimed that any losses, damages, or 6 liabilities have been caused by the City in granting said 7 Franchise. 8 Section 9 . Costs of Publications . Costs to be borne by 9 Franchisee shall include, but shall not be limited to, all 10 costs of publication of legally required notices prior to any 11 public meeting provided for pursuant to this franchise. 12 Section 10 . Insurance. The Franchisee shall carry in- 13 surance in companies satisfactory to the City of Ocoee, indem- 14 nifying the City, and itself from and against any and all 15 claims for injury or damage to persons and property, both real 16 and personal, caused by the construction, installation, opera- 17 tion, or maintenance of any structure, equipment, wires or 18 cables authorized or used pursuant to the franchise. The 19 amount of such insurance against liability for damage to pro- 20 perty shall not be less than one million five hundred thousand 21 ( $1 , 500,000 . 00 ) dollars as to any one (1 ) accident. The amount 22 of such insurance for liability for injury or death to persons 23 shall not be less than one million five hundred thousand 24 ($1 ,500,000.00 ) dollars on account of injury to or death of any 25 one (1 ) person or number of persons in any one ( 1 ) accident. 26 The Franchisee shall also carry automobile and Worker' s Compen- 27 sation Insurance, as well as other customary insurance carried 28 by cable operators for protection against claims such as defa- 29 mation and other related claims common to cable systems . 30 Certificates of Insurance shall be filed with the City, when 31 executed, and the City shall be notified in writing at least 32 thirty ( 30) days prior to the cancellation of any such policy. 33 Section 11 . Competition for Television and Radio Repairs 34 and Sales . The Franchisee, its officers, directors and em- 35 ployees acting on behalf of Franchisee shall not engage 36 directly or indirectly in the business of selling or repairing 6 1 television or radio sets . 2 Section 12. Free Service. The Franchisee shall provide a 3 cable drop and an outlet along its cable route, at no cost, to 4 public schools, police and fire stations, public libraries and 5 other public buildings designated in writing by the City of 6 Ocoee. In addition, Franchisee will provide, at cost, all 7 design specifications, construction, equipment and parts needed 8 to provide service and additional outlets to the buildings spe- 9 cified in this section. The basic level of service is to be 10 provided at all such outlets without charge. The Franchisee 11 shall provide closed circuit television coverage each week of 12 City Commission Meetings, public meetings, public events, and 13 community activities, in accordance with the policies and sche- 14 dules to be agreed upon between Franchisee and the City. 15 Section 13 . Removal of System. Upon termination of the 16 period of the franchise or of any renewal thereof by passage of 17 time or otherwise, the Franchisee shall remove its supporting 18 structures , poles, transmission and distribution systems and 19 other appurtenances from the streets, ways, lanes, alleys, 20 parkways, bridges, highways and other public places in, over, 21 under and along which they are installed and shall restore the 22 areas to their original condition. If such removal is not 23 completed within twelve ( 12 ) months of such termination, the 24 City may deem any property not removed as having been aban- 25 doned. 26 Section 14 . Repairs and Restoration. Whenever the Fran- 27 chisee takes up or disturbs any pavement, sidewalk or other 28 improvement of any public way or public place, the same shall 29 be replaced and the surface restored in as good condition as 30 before entry, as soon as practicable. If the Franchisee fails 31 to make such restoration within a reasonable time, the City of 32 Ocoee, may fix a reasonable time for such restoration and 33 repairs and shall notify the Franchisee in writing of the 34 restoration and repairs required and the time fixed for the 3' performance thereof. Upon failure of the Franchisee to comply 36 1 within the time specified, the City of Ocoee, may cause proper 2 restoration and repairs to be made and the expense of such work 3 shall be paid by the Franchisee upon demand by the City of 4 Ocoee. 5 Section 15 . Transposition of Signals. If the Franchisee 6 transposes any television signals from the channel on which it 7 was originally broadcast so that it is received on a different 8 channel on the receiving sets of subscribers, it shall notify 9 its subscribers in writing of such transposition and provide 10 them with a marker suitable for mounting on a television 11 receiver indicating the fact of the transposition. 12 Section 16 . Equal Time. If the Franchisee permits any 13 person who is a legally qualified candidate for any public 14 office to employ the facilities of its system, or originate and 15 disseminate political campaign material, it shall afford equal 16 opportunities to all other such candidates for the same office 17 to use such facilities to originate and disseminate any views 18 concerning a controversial issue of public importance, and 19 shall afford reasonable opportunity for the presentation over 20 its facilities of contrary points of view. The Franchisee 21 shall be guided by, and its decisions shall be consistent with 22 those of the FCC under similar provisions of the Communications 23 Act of 1934, as amended, and of policies established by the FCC. 24 Section 17 . Performance Bond. The Franchisee shall main- 25 tain, with the City, a bond with a surety company licensed to 26 do business in Florida, with corporate surety satisfactory to 27 such authority in the amount of twenty-five thousand 28 ( $25 , 000 . 00 ) dollars . The condition and terms of said bond 29 shall be as follows : 30 ( 1 ) The satisfactory operation of the cable system, 31 in accordance with the provision of this franchise. 32 ( 2) The indemnity of the City, in accordance with the 33 provisions of this franchise. 34 ( 3 ) The satisfactory removal of it system, in accor- 35 dance with the provisions of this franchise. 36 1 (4 ) The satisfactory restoration of pavements, 2 sidewalks, and other improvements, in accordance with the pro- 3 visions of this franchise. 4 Section 18 . Service Interruptions . In the event Fran- 5 chisee' s service to any subscriber is interrupted for twenty- 6 four (24 ) or more consecutive hours, Franchisee will grant such 7 subscriber a prorated credit or rebate. It is the responsibil- 8 ity of the customer to notify the cable operator of any service 9 interruptions. 10 Section 19 . Placement of Wires and Other Equipment: Trees. 11 19 .1 . In all sections of the City where the cables, 12 wires or other facilities of public utilities are placed 13 underground, Franchisee shall place its cable, wires or other 14 like facilities underground to the maximum extent that the cost 15 and existing technology, as determined by the City, reasonably 16 permit Franchisee to do so. In the event that the City may, in 17 the future, require public utilities to further place their 18 cables, wires or other facilities underground in areas pre- 19 sently served aerially, Franchisee shall also place its cables, 20 wires or other like facilities underground without expense or 21 liability to the City, or direct charge to the subscribers . 22 19 . 2 . Franchisee shall have authority, with the con- 23 currence of the City Department of Public Works, to trim trees 24 upon and overhanging streets, alleys, sideways and public ways 25 and places of the City, so as to prevent the branches of such 26 trees from coming in contact with the wires, cables and equip- 27 ment of Franchisee. 28 Section 20 . Operation, Service and Maintenance of System. 29 20 .1 . Franchisee shall maintain and operate a modern 30 Cable Communications System and render efficient service con- 31 sistent with all applicable regulations to subscribers during 32 the term of this franchise. The construction, maintenance and 33 operation of the Cable Communications System for which this 34 franchise is granted shall be done in conformance with OSHA, 35 the National Electrical Code, the National Electrical Safety 36 Code, the National Television Standard Code and the Rules and 9 1 Regulations of the FCC, as the same exist, or as they may be 2 hereafter changed or amended . Further, Franchisee shall 3 install and maintain its wire, cable, fixtures and other equip- 4 ment in such a manner as shall not interfere with any installa- 5 tion of the City, or any public utility serving the City. 6 20. 2 . All structures and all lines, equipment and con- 7 nections in, over, and upon streets, sidewalks, alleys and 8 public ways and places of the City, wherever situated or 9 located, shall at all times be kept and maintained in a safe, 10 suitable, substantial condition and in good order and repair. 11 20 . 3 . The signal of any television, radio station or 12 satellite carried on the Cable Communications System shall be 13 carried without material degradation in quality within the 14 limits imposed by the FCC. 15 20 .4. Franchisee shall maintain a complete set of maps 16 of the City. Such maps shall be updated and revisions thereof 17 submitted to the City of Ocoee, on request. The maps will show 18 the location of all streets, residences, wire, cables and other 19 facilities used by Franchisee located in the City. 20 20 . 5 . Franchisee shall comply with all FCC regulations 21 as they now apply or as they may be amended regarding the 22 carriage of television and radio signals . 23 20 . 6 . Franchisee shall, upon the request of any person 24 holding a building moving permit issued by the City, tem- 25 porarily raise or lower its wires to permit the moving of the 26 buildings . Franchisee shall be given not less than seven (7 ) 27 days advance notice to arrange for such temporary wire changes . 28 Costs for such services will be billed and paid for in advance 29 of such services being performed. 30 Section 21 . System Specifications . In addition to the 31 specifications expressly provided for in this franchise, 32 Franchisee shall construct and maintain a cable communications 33 system for the City that will, at a minimum, carry the signals 34 of any television or radio station without material degradation 35 in quality within the limits set forth by the FCC. The cable 36 television system shall be operated and maintained so as to 10 1 comply with the technical standards set forth in Subpart K of 2 the FCC' s Rules and Regulations as they apply to cable televi- 3 Sion systems . The Franchisee agrees that the cable system 4 shall have a capacity of at least thirty (30) video channels. 5 Section 22. Leased Access Channels . The Franchisee shall 6 maintain at least one ( 1 ) specially designated channel for 7 leased access uses. In addition, other portions of its non- 8 broadcast bandwidth, including unused portions of the specially 9 designated channels, shall be available for leased uses. On at to least one of the leased channels, priority shall be given to 11 part-time users. The Franchisee shall provide unused channel 12 capacity on a non-discriminatory, first-come, first-serve basis 13 for leased access cablecasting to any person, group, organiza- 14 tion or entity upon the filing of an appropriate request there- 15 for. The Franchisee shall establish operating rules, subject 16 to the approval of the City, which shall govern the operation 17 of the leased access channels . These rules shall prohibit the 18 presentation of lottery information, except as specifically 19 permitted by FCC rules . In addition, these rules shall require 20 adequate sponsorship identification whenever an access channel 21 user presents any matter for which he receives money, service 22 or other valuable consideration. It is still premature to spe- 23 cify the rates that will be charged to users of the leased 24 access channels . However, when such rates are finalized, based 25 on experience gathered from the actual operation of the leased 26 channels, such rates shall be fair and reasonable. 27 Section 23 . Signal Carriage. The Franchisee shall carry 28 all signals mandated by the FCC and in addition it will carry a 29 variety of off-air, satellite and microwave delivered signals 30 and services available now or in the future, and shall also 31 carry selected FM stereo signals. 32 Section 24 . Company Services . Subscriber rates for cable 33 service shall not be regulated by the City. Franchisee shall 34 provide at least the following services : 3; 24 . 1 . Standard Installation. 36 Standard installation consisting of an aerial drop, not 11 1 exceeding one hundred fifty (150) feet, from a single pole 2 attachment to the customer' s residence. Drops in excess of one 3 hundred fifty ( 150 ) feet, concealed wiring, and all underground 4 drops shall be charged according to the rate schedule. 5 24 . 2. Project Prewiring. 6 (1 ) Franchisee shall provide service to prewired 7 projects according to the terms and conditions and at such 8 rates provided in the rate schedule. 9 (2) Franchisee shall review and approve methods 10 and materials, supply specifications, technical assistance, and 11 material according to the rate schedule. 12 ( 3 ) Franchisee shall prewire a project upon 13 request according to rate schedule. 14 24 . 3 . Deposits . Franchisee may require a deposit for 15 materials, converters and services according to the rate sche- 16 dule as it may be amended from time to time. 17 24 .4. Additional Outlets. Franchisee shall provide 18 additional outlets, as customers may request, according to the 19 rate schedule. 20 24 . 5 . Transfers . When a current customer moves from 21 one address within the franchised area to a second address 22 within the franchised area and there is no lapse in service, 23 Franchisee shall transfer service at a rate according to the 24 rate schedule. 25 24 . 6 . Reconnection. Franchisee shall restore service 26 to customers wishing restoration of service provided the 27 customer shall first satisfy any previous obligation owed. 28 24 . 7 . Relocation or Extension of Cable. When a 29 current customer requests that an extension or relocation of 30 said customer' s cable service be made, the Franchisee shall do 31 so according to the rate schedule. 32 24 . 8. Service Calls. Franchisee shall provide CATV 33 system repair service to customer' s premises to test and repair 34 service. 35 Section 25. Complaints, Local Office. 36 25 .1 . Franchisee shall maintain a business office in 12 1 the Ocoee area, with a toll-free number and a twenty-four (24) 2 hour answering service, which subscribers may call without 3 incurring added message or toll charges so that prompt main- 4 tenance service shall be available. 5 25 . 2 . Upon reasonable notice, Franchisee shall expedi- 6 tiously investigate and resolve complaints regarding the 7 quality of service, equipment malfunctions and similar 8 matters . 9 25 . 3 . Franchisee shall normally respond to all service 10 calls within twenty-four ( 24 ) hours and correct malfunctions as 11 promptly as possible after its discovery. For these purposes, 12 Franchisee shall maintain a competent staff of employees suf- 13 ficient to provide adequate and prompt service to its subscri- 14 bers . 15 25 .4 . Upon request of the City, Franchisee shall, 16 within ten (10 ) days after receiving such a request, send a 17 written report to the City, with respect to any complaint. 18 Such a report shall provide a full explanation of the investi- 19 gations, findings and corrective steps taken. 20 25 . 5 . Except where there exists an emergency situation 21 necessitating a more expedited procedure, Franchisee may 22 interrupt service for the purpose of repair or upgrading of the 23 cable communicating system, only during periods of minimum use. 24 25 .6 . Should a subscriber have an unresolved complaint 25 regarding cable television operations, the subscriber shall be 26 entitled to file his complaint with the City, which shall have 27 primary responsibility for the continuing administration of the 28 franchise and the implementation of complaint procedures . The 29 subscriber shall thereafter meet jointly with the City, or its 30 designee, and a representative of Franchisee, within thirty ( 30) 31 days of the subscriber' s filing of his complaint, to fully discu .s 32 and resolve the matter. Franchisee shall notify each new sub- 33 scriber at the time of initial subscription to the cable service 34 of the procedures for reporting and resolving such complaints . 35 Section 26 . Company Rules and Regulations . The Franchisee 36 shall have the authority to promulgate such rules , regulations, 13 1 terms and conditions governing the conduct of its business as 2 shall be reasonably necessary to enable Franchisee to exercise 3 its rights and perform its obligations under this franchise, 4 and to assure an uninterrupted service to each and all of its 5 customers; provided, however, that such rules, regulations, 6 terms and conditions shall not be in conflict with the provi- 7 sions hereof or applicable State and Federal laws, rules and 8 regulations . 9 Section 27 . Cooperation with Designated Representative. 10 The Franchisee agrees to cooperate with any designated repre- 11 sentative of the City, in all matters concerning the operation 12 of the cable system in the City of Ocoee. 13 Section 28 . Franchise Fee. 14 28 . 1 . The fee paid to the City, during the term of the 15 franchise shall be three ( 3%) per cent of the gross annual 16 revenue derived by Franchisee from all of its operations 17 located within the City of Ocoee. 18 28 .2 . The franchise fee shall be paid quarterly, to 19 the City Clerk' s Office, and Franchisee shall file a complete 20 and accurate verified statement of all gross annual revenue 21 within the City, during the period for which said quarterly 22 payment is made, and said payment shall be made to the City, 23 not later than thirty ( 30) days after the expiration of the 24 quarter when due. 25 28 . 3 . The City shall have the right to inspect 26 Franchisee' s income records and the right to audit and recom- 27 pute any amounts determined to be payable under this franchise; 28 provided, however, that such audit shall take place within 29 thirty-six ( 36 ) months following the close of each of 30 Franchisee' s fiscal years. Any additional amount due to the 31 City, as a result of the audit, shall be paid within thirty 32 ( 30) days following written notice to Franchisee by the City, 33 which notice shall include a copy of the audit report. 34 Section 29 . Availability of Books and Records. The 35 Franchisee shall fully cooperate in making available at reason- 36 able times , and the City shall have the right to inspect the 14 1 books, records, maps, plans and other like materials of Fran- 2 chisee applicable to the Ocoee Cable Communications System, at 3 any time during normal business hours; provided however, where 4 volume and convenience necessitate, Franchisee may require 5 inspection to take place on Franchisee' s premises . 6 Section 30 . Revocation of Franchise. The franchise issued 7 hereunder may, after hearing, be revoked by the City, for any 8 of the following reasons : 9 ( 1 ) For failure to file and maintain a bond, or to 10 maintain insurance as required by this franchise. 11 (2) For repeated failure to correct violations of 12 this franchise after formal written notice has been served upon 13 Franchisee. 14 ( 3 ) For repeated failure to maintain signal quality 15 under the standards provided for by the FCC and this franchise. 16 (4 ) For any transfer or assignment of a franchise or 17 control thereof without consent of the City, as required by 18 this franchise. 19 Section 31 . Privacy and Rights of Information. The 20 Franchisee shall not make available to any third party, 21 including the City, information concerning the viewing habits 22 of any individual subscriber or subscriber-households ' without 23 the prior written consent of the subscriber. The Franchisee 24 shall provide written notice to each subscriber or subscriber- 25 household, and only after written permission has been granted 26 by the subscriber will equipment be installed on the system 27 hich would permit the recording or monitoring of individual 28 viewing habits . The requirements of this section shall not 29 •rohibit the City, or their designee, from obtaining from 30 Franchisee general demographic and market data and information 31 on number of subscribers . The Franchisee shall not make 32 subscriber lists available to a third party, other than as 33 required to conduct the normal business operations of the 34 system. 35 Section 32 . Equal Opportunity. The Franchisee shall be an 36 Equal Opportunity Employer and, pursuant to 47 CFR S76 . 311 , and 15 1 other applicable regulations of the FCC, must file an Equal 2 Employment Opportunity Program with the FCC, and otherwise 3 comply with the FCC Regulations with respect to Equal Employ- 4 ment Opportunities . A copy of said program shall also be filed 5 with the City. Franchisee shall take affirmative steps to 6 avoid discrimination and, to the extent practicable, encourage 7 training and employment of minority personnel. 8 Section 33 . Right of Condemnation. Nothing in the fran- 9 chise shall limit any rights that the City may have under 10 applicable law to acquire by condemnation, confiscation or 11 otherwise, any property of the Franchisee; provided, however, 12 that any such acquisition shall be for a cash price that values 13 the business at fair market value as an ongoing business enter- 14 prise. 15 Section 34 . Severability. If any section, paragraph, term 16 or provision of this franchise is determined to be illegal, 17 invalid or unconstitutional by any court of competent jurisdic- 18 tion, or by any State or Federal regulatory agency having 19 jurisdiction thereof, such determination shall have no effect 20 on any other section, paragraph, term or provision hereof, all 21 of which will remain in full force and effect for the term of 22 the franchise or any renewal or renewals thereof. 23 Section 35 . Effective Date. This Ordinance shall take 24 effect upon becoming a law. 25 ENACTED this day of , 1988 . 26 CITY OF OCOEE, FLORIDA 27 28 By: Thomas R. Ison, Mayor 29 30 ATTEST: 31 32 Helen Catron, City Clerk 33 34 35 36 77/22 : 138/1R 16 ENROLLED CS for SB 941 First Engrossed • 1 A bill to be entitled 2 An act relating to municipalities and counties ; 3 providing definitions; requiring municipalities 4 and counties to consider certain criteria at a 5 public hearing when granting cable service 6 franchises; providing the circumstances under 7 which an overlapping cable service franchise 8 may be granted; providing exceptions for 9 certain current cable service franchises; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida : 13 14 Section 1 . Definitions; minimum standards for cable 15 television franchises imposed upon counties and • 16 municipalities.-- 17 ( 1 ) As used in this section, the term: 18 (a) "Cable service" means : 19 1 . The one-way transmission to subscribers of video 20 programming or other programming service; and 21 2 . Subscriber interaction, if any, which is required 22 for the selection of such video programming or other 23 programming service. 24 ( b) "Cable system" means a facility, consisting of a 25 set of closed transmission paths and associated signal 26 generation, reception, and control equipment that is designed 27 to provide cable service which includes video programming and 28 which is provided to multiple subscribers within a community, 29 but such term does not include: 30 31 941 CODING: Words stricken are deletions; words underlined are additions. • CS for SB 941 First Engrossed • 1 1 . A facility that serves only to retransmit the 2 television signals of one or more television broadcast 3 stations; 4 2 . A facility that serves only subscribers in one or 5 more multiple-unit dwellings under common ownership, control, 6 or management , unless such facility or facilities uses any 7 public right-of-way; ••• 8 3 . A facility of a common carrier , except that such 9 facility shall be considered a cable system to the extent such 10 facility is used in the transmission of video programming 11 directly to subscribers ; or 12 4 . Any facilities of any electric utility used solely 13 for operating its electric utility systems . 14 (c) "Franchise" means an initial authorization or 15 renewal thereof issued by a Franchising authority, whether 16 such authorization is designated as a Franchise, permit , 17 license, resolution, contract , certificate, agreement, or 18 otherwise, which authorizes the construction or operation of a 19 cable system. 20 (d) "Franchising authority" means any governmental 21 entity empowered by federal, state, or local law to grant a 22 franchise . 23 ( e) "Person" means an individual, partnership, 24 association, joint stock company, trust, corporation, or 25 governmental entity. 26 ( f) "Video programming" means programming provided by, 27 or generally considered comparable to programming provided by, 28 a television broadcast station or cable system. 29 ( 2 ) No municipality or county shall grant a franchise 30 for cable service to a cable system within its jurisdiction 31 941 2 CODING: Words stricken are deletions; words underlined are additions . CS for SB 941 First Engrossed • 1 without first , at a duly noticed public hearing, having 2 considered: 3 (a) The economic impact upon private property within 4 the franchise area; 5 (b) The public need for such franchise, if any; 6 (c) The capacity of public rights-of-way to 7 accommodate the cable system; 8 (d) The present and future use of the public rights- 9 of-way to be used by the cable system; 10 (e) The potential disruption to existing users of the 11 public rights-of-way to be used by the cable system and the 12 resultant inconvenience which may occur to the public; 13 . ( f ) The financial ability of the franchise applicant 14 to perform; 15 (g) Other societal interests as are generally 16 considered in cable television franchising; 17 ( h) Such other additional matters, both procedural and 18 substantive, as the municipality or county may, in its sole 19 discretion, determine to be relevant . 20 ( 3 ) No municipality or county shall grant any 21 overlapping franchises for cable service within its 22 jurisdiction on terms or conditions more favorable or. less 23 burdensome than those in any existing franchise within such 24 municipality or county. 25 ( 4 ) The provisions of subsection (3) shall not apply 26 when the area in which the overlapping franchise is being 27 sought is not actually being served by any existing cable 28 service provider holding a franchise for such area . The 29 provisions of subsection ( 2 ) shall apply to the provisions of 30 subsections ( 4 ) and ( 5) . As used in this subsection, the term 31 "actually being served" means that cable service is actually 3 941 CODING: Words stricken are deletions; words underlined are additions . CS for SB 941 First Engrossed 1 available to subscribers to such extent that the only act 2 remaining in order to provide cable service is the physical 3 connection to the individual subscriber location as of 15 days 4 prior to any subsequent application for a franchise . 5 ( 5 ) Nothing in this section shall be construed to 6 prevent any municipality or county considering the approval of 7 an additional cable service franchise in all or any part of • 8 the area of such municipality or county from imposing 9 additional terms and conditions upon the granting of such 10 franchise as such municipality or county shall in its sole • 11 discretion deem necessary or appropriate . 12 ( 6) All cable service franchises in existence as of 13 the effective date of this section shall remain in full force 14 and effect according to their terms . 15 Section 2 . This act shall take effect October 1, 1987 . 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 :341 4 CODING: Words stricken are deletions; words underlined are additions .