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HomeMy WebLinkAboutOrdinance 786 II " . . Ordinance No. '786 First Reading:June 19, 1984 Second Reading: July 3, 1984 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA GRANTING A FRANCHISE TO OPERATE AND MAINTAIN A BROADBAND COMMUNICATIONS SYSTEM IN THE CITY OF OCOEE; PROVIDING REGULATIONS AND CONDITIONS THEREOF; AND REPEALING ORDINANCES NO. 514, 545, and 651; PRO- VIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, GROUP W CABLE, INC. wishes to transfer its franchise to operate a television communications system commonly referred to as a "Cable Television" wi thin the City of Ocoee, to CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. (CABLEVISION), and WHEREAS, the City Commission of the City of Ocoee, desires to grant a franchise agreement to CABLEVISION to operate and maintain a broadband com- munications system to serve the needs of the City of Ocoee, within the rules and regulations of the Federal Communications Commission, and the laws of the State of Florida, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. DEFINITIONS. A. "Cablecasting." Programming carried on a cable system, exclusive of broadcast signals, whether originated by the cable operator or any other party. B. "Cable Communications System;" "System." Any system which receives and amplifies signals broadcast by one or more television and/or radio stations and which transmits programming originated by the system itself or by another party, and distributes such signals and programming by wire, cable, microwave, satellite, or other means to persons who subscribe to such service. C. "City." City of Ocoee, Florida. The City of Ocoee, in its present incorporated form, or as it may be changed by annexation. D. "Commission." The City Commission of the City of Ocoee, Florida. E. "Grantee." Cablevision Industries of Central Florida, Inc. - 1 - . . F. "Gross Revenues." Any and all compensation, in whatever form, exchange or otherwise, derived from the provision of all cable services and transmission facility in the City. G. "Subscriber." A recipient of cable television service. H. "FCC." The Federal Communications Commission, its successors, or other legal entity authorized and designated as the controlling legal Federal Agency as established by the Congress of the United States. SECTION 2. GRANT OF AUTHORITY. There is hereby granted by the franchising authority to the Grantee, the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and addi- tions thereto, in the City poles, wires, cable, underground conduits, man- holes, and other cable conductors and fixtures necessary for the maintenance and operation in the City of Ocoee, of a Cable Communications System, to be used for the sale and distribution of cable services to the residents of the City. Said broadband cable service shall include, but shall not be limited to, the carriage of television and radio signals and any cablecasting pro- grillnming. This is a non-exclusive franchise and nothing contained herein shall prohibit the City of Ocoee, from granting franchise agreements to other Cable Communications System companies. The Grantee shall, at all times during the operation of this franchise, be subject to all lawful exercise of the police power as may be hereafter provided by the franchising authority. SECTION 3. FRANCHISE TERRITORY. A. The franchise is for the present territorial limits of the City of Ocoee, and for any area henceforth added thereto during the term of this franchise. B. The Grantee shall be obligated to make cable service available to all dwelling units in the City, at standard installation and service rates, subject to only the following exceptions: 1. Areas described on the attached map called "Exhibit A," attached hereto and made part of this agreement, or that are located in an area with a density of fifty (50) dwelling units per contiguous aerial cable mile, shall be provided with cable television service within ninety (90) days after service is - 2 - requested. The Grantee shall also provide service to all areas presently unserved, as specified by the Grantee to the City, as called for in Exhibit A. 2. In areas not shown on Exhibit A, the service need not be available at standard installation rates where there is a . dwelling unit density of less than fifty (50) per contiguous aerial cable mile. Any potential subscriber(s) in an area of less than fifty (50) dwelling units per contiguous aerial cable mile may receive cable service upon payment of an installation charge equal to the actual cost per subscriber of extending the cable plant to provide service, less the cost the crnnpany would have incurred per subscriber had the density been fifty (50) dwelling units per contiguous aerial cable mile. SECTION 4. DURATION OF FRANCHISE. The duration of the rights, privileges and authorizations hereby granted shall be fifteen (15) years from the date the franchise is awarded. SECTION 5. POLICE POWERS. In accepting this franchise, CABLEVISION acknowledges that its rights hereunder are subject to the police powers of the City, to adopt and enforce ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the City, pursuant to such power. SECTION 6. TRANSFER OF CONTROL. . The franchise, or control thereof, shall not be transferred or assigned without the prior written consent of the City, which consent shall not be arbitrarily or unreasonably withheld. Such consent shall be given only after a hearing upon a written application therefor on forms to be prescribed by the City. The application for consent to a transfer or assignment shall be signed by CABLEVISION and by the proposed transferee or assignee, or by their repre- sentatives, evidence of whose authority shall be subrni tted wi th the applica- t ion. SECTION 7. INSTALLATION, INDEMNIFICATION. A. In installing, operating, and maintaining equipment, cable and wires, CABLEVISION shall avoid all unnecessary damage and injury to trees, structures and improvements in and along the cable routes authorized by the City. - 3 - B. CABLEVISION shall indemnify and hold the City harmless at all times during the term of the franchise from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of any structure, equipment, wire or cable author- ized to be installed pursuant to the franchise. Upon receipt of notice in writing from the City, CABLEVISION shall, at its own expense, defend any action or proceeding against the City, in which it is claimed that personal injury or property damage was caused by activities of CABLEVISION in the in- . stallation, operation, or maintenance of its system. C. The City shall have the right, during the life of this franchise, to install and maintain, free of charge, upon the poles of CABLEVISION, any wire and pole fixtures that do not unreasonably interfere with the CATV operations of CABLEVISION. The City agrees to indemnify, defend and hold CABLEVISION harmless from actions resulting from the City's use thereof. D. CABLEVISION shall, during the life of this franchise, at such times prior to commencing underground or trench cable construction in the City, apply to the City for all necessary or required licenses, permits, etc., re- quired to commence and undertake underground or trench cable construction within the City. CABLEVISION shall also pay all required City license or per- mit fees as are normally specified by the City, in order to undertake such underground or trench cable construction within the City. SECTION 8. COSTS OF PUBLICATIONS. Costs to be borne by CABLEVISION shall include, but shall not be limited to, all costs of publication of legally required notices prior to any public meeting provided for pursuant to this franchise. SECTION 9. INSURANCE. CABLEVISION shall carry insurance in companies satisfactory to the Ci ty of Ocoee, indemnifying the City, and itself from and against any and all ~ claims for injury or damage to persons and property, both real and personal, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires or cables authorized or used pursuant to the franchise. The amount of such insurance against liability for damage to prop- erty shall not be less than one million five hundred thousand ($1,500,000.00) dollars as to anyone (1) accident. The amount of such insurance for liabil- ity for injury or death to persons shall not be less than one million five hundred thousand ($1,500,000.00) dollars on account of injury to or death of anyone (1) person or number of persons in anyone (1) accident. - 4 - CABLEVISION shall also carry automobile and Worker's Compensation Insurance, as well as other customary insurance carried by cable operators for protection against claims such as defamation and other related claims common to cable systems. Certificates of Insurance shall be filed with the City, when executed, and the City shall be notified in writing at least thirty (30) days prior to the cancellation of any such policy. SECTION 10. COMPETITION FOR TELEVISION AND RADIO REPAIRS AND SALES. . CABLEVISION, its officers, directors and employees acting on behalf of CABLEVISION shall not engage directly or indirectly in the business of selling or repairing television or radio sets. SECTION 11. FREE SERVICE. CABLEVISION shall provide a cable drop and an outlet along its cable route, at no cost, to public schools, police and fire stations, public libraries and other public buildings designated in writing by the City of o c oe e. In addition, CABLEVISION will provide, at cost, all design specifica- tions, construction, equipment and parts needed to provide service and additional outlets to the buildings specified in this section. The basic level of service is to be provided at all such outlets without charge. CABLEVISION shall provide closed circuit television coverage, each week, of City Commission Meetings, public meetings, public events, and community activities, in accordance with the policies and schedules to be agreed upon between CABLEVISION and the City. SECTION 12. REMOVAL OF SYSTEM. . Upon termination of the period of the franchise or of any renewal thereof by passage of time or otherwise, CABLEVISION shall remove its supporting structures, poles, transmission and distribution systems and other appur- tenances from the streets, ways, lanes, alleys, parkways, bridges, highways and other public places in, over, under and along which they are installed and shall restore the areas to their original condition. If such removal is not completed within twelve (12) months of such termination, the City may deem any property not removed as having been abandoned. SECTION 13. REPAIRS AND RESTORATION. Whenever CABLEVISION takes up or disturbs any pavement, sidewalk or other improvement of any public way or public place, the same shall be replaced and - 5 - the surface restored in as good condition as before entry, as soon as practi- cable. If CABLEVISION fails to make such restoration within a reasonable time, the City of Ocoee, may fix a reasonable time for such restoration and repairs and shall notify CABLEVISION in writing of the restoration and repairs required and the time fixed for the performance thereof. Upon failure of CABLEVISION to crnnply within the time specified, the City of Ocoee, may cause proper restoration and repairs to be made and the expense of such work shall . be paid by CABLEVISION upon demand by the City of Ocoee. SECTION 14. TRANSPOSITION OF SIGNALS. If CABLEVISION transposes any television signals from the channel on which it was originally broadcast so that it is received on a different chan- nel on the receiving sets of subscribers, it shall notify its subscribers in writing of such transposition and provide them with a marker suitable for mounting on a television receiver indicating the fact of the transposition. SECTION 15. EQUAL TIME. If CABLEVISION penni ts any person who is a legally qualilf ied candidate for any public office to employ the facilities of its system, or originate and disseminate political campaign material, it shall afford equal opportunities to all other such candidates for the same office to use such facilities to originate and disseminate any views concerning a controversial issue of public importance, and shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. CABLEVISION shall be guided by, and its decisions shall be consistent with those of the FCC under similar provisions of the Communications Act of 1934, as amended, and of policies established by the FCC. SECTION 16. PERFORMANCE BOND. CABLEVISION shall maintain, with the City, a bond with a surety company licensed to do business in Florida, with corporate surety satisfactory to such . authority in the amount of twenty-five thousand ($25,000.00) dollars. The condition and terms of said bond shall be as follows: A. The satisfactory operation of the cable system, in accordance with the provision of this franchise. B. The indemnity of the City, in accordance with the provisions of this franchise. C. The satisfactory removal of it system, in accordance with the pro- visions of this franchise. - 6 - D. The satisfactory restoration of pavements, sidewalks, and other improvements, in accordance with the provisions of this franchise. . SECTION 17. SERVICE INTERRUPTIONS. In the event CABLEVISION'S service to any subscriber is interrupted for twenty-four (24) or more consecutive hours, CABLEVISION will grant such sub- scriber a prorated credit or rebate. It is the responsibility of the customer to notify the cable operator of any service interruptions. SECTION 18. PLACEMENT OF WIRES AND OTHER EQUIPMENT: TREES. A. In all section of the City where the cables, wires or other facili- ties of public utilities are placed underground, CABLEVISION shall place its cable, wires or other like facilities underground to the maximum extent that the cost and existing technology, as determined by the City, reasonably permit CABLEVISION TO DO SO. In the event that the City may, in the future, require public utilities to further place their cables, wires or other facilities underground in areas presently served aerially, CABLEVISION shall also place its cables, wires or other like facilities underground without expense or liabil- ity to the City, or direct charge to the subscribers. B. CABLEVISION shall have authority, with the concurrence of the City D.P.W., to trim trees upon and overhanging streets, alleys, sidewalks and public ways and places of the City, so as to prevent the branches of such trees from coming in contact with the wires, cables and equipment of CABLEVISION. SECTION 19. OPERATION, SERVICE AND MAINTENANCE OF SYSTEM. A. CABLEVISION shall maintain and operate a modern Cable Communications System and render efficient service consistent with all applicable regulations to subscribers during the term of this franchise. The construction, maintenance and operation of the Cable Communictions . System for which this franchise is granted shall be done in conform- ance with OSHA, the National Electrical Code, the National Electrical Safety Code, the National Television Standard Code and the Rules and Regulations of the FCC, as the same exist, or as they may be here- after changed or amended. Further, CABLEVISION shall install and maintain its wire, cable, fixtures and other equipment in such a manner as shall not interfere with any installation of the City, or any public utility serving the City. - 7 - . B. All structures and all lines, equipment and connections in, over, and upon streets, sidewalks, alleys and public ways and places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. C. The signal of any television, radio station or satellite carried on the Cable Communications System shall be carried without material degradation in quality within the limits imposed by the FCC. D. CABLEVISION shall maintain a complete set of maps of the City. Such maps shall be updated and revisions thereof submitted to the City of Ocoee, on request. The maps will show the location of all streets, residences, wire, cables and other facilities used by CABLEVISION located in the City. E. CABLEVISION shall comply with all E'CC regulations as they now apply or as they may be amended regarding the carriage of television and radio signals. F. CABLEVISION shall, upon the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the buildings. CABLEVISION shall be given not less than seven (7) days advance notice to arrange for such temporary wire changes. Costs for such services will be billed and paid for in advance of such services being performed. SECTION 20. SYSTEM SPECIFICATIONS. . In addition to the specifications expressly provided for in this fran- chise, CABLEVISION shall construct and maintain a cable communications system for the City that will, at a minimum, carry the signals of any television or radio station without material degradation in quality within the limits set forth by the FCC. The cable television system shall be operated and main- tained so as to comply with the technical standards set forth in Subpart K of the FCC's Rules and Regulations as they apply to cable television systems. CABLEVISION agrees that the cable system shall have a capacity of at least thirty (30) video channels. SECTION 21. LEASED ACCESS CHANNELS. CABLEVISION shall maintain at least one (1) specially designated channel for leased access uses. In addition, other portions of its non-broadcast bandwidth, including unused portions of the specially designated channels, - 8 - . shall be available for leased uses. On at least one of the leased channels, priority shall be given to part-time users. CABLEVISION shall provide unused channel capacity on a non-discrimina- tory, first-cane, first-serve basis for leased access cablecasting to any person, group, organization or entity upon the filing of an appropriate request therefor. CABLEVISION shall establish operating rules, subject to the approval of the City, which shall govern the operation of the leased access channels. These rules shall prohibit the presentation of lottery information, except as specifically permitted by FCC Rules. In addition, these rules shall require adequate sponsorship identification whenever an access channel user presents a~ matter for which he receives money, service or other valuable consideration. It is still premature to specify the rates that will be charged to users of the leased access channels. However, when such rates are finalized, based on experience gathered from the actual operation of the leased channels, such rates shall be fair and reasonable. SECTION 22. SIGNAL CARRIAGE. CABLEVISION shall carryall signals mandated by the FCC and in addition it will carry a variety of off-air, satellite and microwave delivered signals and services available now or in the future. CABLEVISION shall also carry selected FM stereo signals. SECTION 23. COMPANY SERVICES. Subscriber rates for cable service shall not be regulated by the City. CABLEVISION shall provide at least the following services: A. STANDARD INSTALLATION. . Standard installation consisting of an aerial drop, not exceeding one hundred fifty (150) feet, from a single pole attachment to the cus- tomer's residence. Drops in excess of one hundred fifty (150) feet, concealed wiring, and all underground drops shall be charged accord- ing to the rate schedule. PROJECT PREWIRING. B. 1. CABLEVISION shall provide service to prewired projects according to the tenus and conditions and at such rates provcided in the rate schedule. 2. CABLEVISION shall review and approve methods and materials, sup- ply specifications, technical assistance, and material according to the rate schedule. - 9 - ~ 3. CABLEVISION shall prewire a project upon request according to rate schedule. C. DEPosrrs CABLEVISION may require a deposit for materials, converters and serv- ices according to the rate schedule as it may be amended from time to time. . D. ADDITIONAL OUTLETS CABLEVISION shall provide additional outlets, as customers may re- quest, according to the rate schedule. E. TRANSFERS When a current customer moves from one address within the franchised area to a second address within the franchised area and there is no lapse in service, CABLEVISION shall transfer service at a rate ac- cording to the rate schedule. F. RECONNECTION. CABLEVISION shall restore service to customers wishing restoration of service provided the customer shall first satisfy any previous obli- gation owed. G. RELOCATION OR EXTENSION OF CABLE When a current customer requests that an extension or relocation of said customer's cable service be made, CABLEVISION shall do so ac- cording to the rate schedule. H. SERVICE CALLS CABLEVISION shall provide CATV system repair service to customer's premises to test and repair service. SECTION 24. COMPLAINTS, LOCAL OFFICE. . A. CABLEVISION shall maintain a business office in the Ocoee area, with a toll-free number and a twenty-four (24) hour answering service, which subscribers may call without incurring added message or toll charges so that prompt maintenance service shall be available. B. Upon reasonable notice, CABLEVISION shall expeditiously investigate and resolve complaints regarding the quality of service, equipment 'malfunctions and similar matters. C. CABLEVISION shall normally respond to all service calls within twenty-four (24) hours and correct malfunctions as promptly as pos- sible after its discovery. For these purposes, CABLEVISION shall -' 10 - . . .- maintain a competent staff of employees sufficient to provide ade- quate and prompt service to its subscribers. D. Upon request of the City, CABLEVISION shall, within ten (10) days after receiving such a request, send a written report to the City, with respect to any complaint. Such a report shall provide a full explanation of the investigations, findings and corrective steps taken. E. Except where there exists an emergency situation necessitating a more expedited procedure, CABLEVISION may interrupt service for the pur- pose of repair or upgrading of the cable communicating system, only during periods of minimum use. F. Should a subscriber have an unresolved complaint regarding cable television operations, the subscriber shall be entitled to file his complaint with the City, which shall have primary responsibility for the continuing administration of the franchise and the implementation of complaint procedures. The subscriber shall thereafter meet jointly with the City, or its designee, and a representative of CABLEVISION, within thirty (30) days of the subscriber1s filing of his complaint, to fully discuss and resolve the matter. CABLEVISION shall notify each new subscriber at the time of initial subscription to the cable service of the procedures for reporting and resolving such complaints. SECTION 25. COMPANY RULES AND REGULATIONS. CABLEVISION shall have the authority to promulgate such rules, regula- tions, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable CABLEVISION to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regula- tions, terms and conditions shall not be in conflict with the provisions hereof or applicable State and Federal laws, rules and regulations. SECTION 26. COOPERATION WITH DESIGNATED REPRESENTATIVE. CABLEVISION agrees to cooperate with any designated representative of the City, in all matters concerning the operation of the cable system in the City of Ocoee. SECTION 27. FRANCHISE FEE. A. The fee paid to the City, during the term of the franchise shall be three (3%) per cent of the gross annual revenue derived by - 11 - . CABLEVISION from all of its operations located within the City of Ocoee. CABLEVISION shall continue to pay to the City, until August 18, 1985, franchise fees as specified in Ordinance No. 514, Section 12, at which time the fee will revert as specified heretofore. B. The franchise fee shall be paid quarterly, to the City Clerk's Office, and CABLEVISION shall file a complete and accurate verified statement of all gross annual revenue within the City, during the period for which said quarterly payment is made, and said payment shall be made to the City, not later than thirty (30) days after the expiration of the quarter when due. C. The City shall have the right to inspect CABLEVISION'S income records and the right to audit and recompute any amounts determined to be payable under this franchise; provided, however, that such audit shall take place within thirty-six (36) months following the close of each of CABLEVISION'S fiscal years. Any additional amount due to the City, as a result of the audit, shall be paid within thirty (30) days following written notice to CABLEVISION by the City, which notice shall incude a copy of the audit report. SECTION 28. AVAILABILITY OF BOOKS AND RECORDS. CABLEVISION shall fully cooperate in making available at reasonable times, and the City shall have the right to inspect the books, records, maps, plans and other like materials of CABLEVISION applicable to the Ocoee Cable Communications System, at any time during normal business hours; provided however, where volume and convenience necessitate, CABLEVISION may require inspection to take place on CABLEVISION'S pr6uises. SECTION 29. REVOCATION OF FRANCHISE. . The franchise issued hereunder may, after hearing, be revoked by the City, for any of the following reasons: A. For failure to file and maintain a bond, or to maintain insurance as required by this franchise. B. For repeated failure to correct violations of this franchise after formal written notice has been served upon CABLEVISION. C. For repeated failure to maintain signal quality under the standards provided for by the FCC and this franchise. D. For any transfer or assignment of a franchise or control thereof without consent of the City, as required by this franchise. - 12 - - SECTION 30. PRIVACY AND RIGHTS OF INFORMATION. CABLEVISION shall not make available to any third party, including the City, information concerning the viewing habits of any individual subscriber or subscriber-households' without the prior written consent of the subscriber. CABLEVISION shall provide written notice to each subscriber or subscriber-household, and only after written permission has been granted by the subscriber will equipment be installed on the system which would permit the recording or monitoring of individual viewing habits. The requirements of this section shall not prohibit the City, or their designee, from obtaining from CABLEVISION general demographic and market data and information on number of subscribers. CABLEVISION shall not make subscriber lists available to a third party, other than as required to conduct the normal business operations of the system. SECTION 31. EQUAL OPPORTUNITY. CABLEVISION shall be an Equal Opportunity Employer and, pursuant to 47 CFR S76.311, and other applicable regulations of the FCC, must file an Equal Employment Opportunity Program with the FCC, and otherwise comply with the FCC Regulations with respect to Equal Employment Opportunities. A copy of said program shall also be filed with the City. CABLEVISION shall take affirmative steps to avoid discrimination and, to the extent practicable, encourage train- ing and employment of minority personnel. SECTION 32. RIGHT OF CONDEMNATION. Nothing in the franchise shall limit any rights that the City may have under applicable law to acquire by condemnation, confiscation or otherwise, any property of CABLEVISION; provided, however, that any such acquisition shall be for a cash price that values the business at fair market value as an ongoing business enterprise. . SECTION 33. SEVERABILITY. If any section, paragraph, term or provision of this franchise is deter- mined to be illegal, invalid or unconsti tutional by any court of competent jurisdiction, or by any State or Federal regulatory agency having jurisdiction thereof, such determination shall have no effect on any other section, para- graph, term or provision hereof, all of which will remain in full force and effect for the term of the franchise or any renewal or renewals thereof. - 13 - . . SECTION 34. REPEAL. Ordinances of the City of Ocoee numbered 514, 545 and 651 are hereby repealed. SECTION 35. EFFECTIVE DATE. This Ordinance shall be effective upon its becoming a law. ENACTED THIS J~ DAY OF ATTEST: Ad~ef~ - 14 - r~ , 1984 . CITY OF OCOEE, FLORIDA BY'~ e~ Mayor /~:~::>~..~:l .__', .. 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