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Franchises - 40 - Commissioners - 20IN THE MATTER OF AN ORDINANCE GRANTING A FRANCHISE TO Sun Country Cable _ 643621 ORDINANCE NO. 90 -87 -cc RESOLUTION NO. 90 -87 -cc C SEP a H 41 G� '9g ` ILLI "� '"I NEY COPY AN ORDINANCE GRANTING A FRANCHISE TO Pacific Sun Cable Partners L.P. DBA Sun Country Cable , ITS SUCCESSORS OR ASSIGNS, TO OWN AND OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE COUNTY OF GRANT, STATE OF WASHINGTON, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF SAID SYSTEM. WHEREAS, it is the mutual desire of the County of Grant and Sun Country Cable to adopt a cable television franchise on the terms and conditions set forth herein. NOW, THEREFORE, it is hereby ordained by the County of Grant that the following Cable Television Franchise Ordinance be and the same is hereby adopted. SECTION 1: Short Title. This Ordinance shall be known and may be cited as the " Sun Country Cable Franchise Ordinance". SECTION 2: Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The work "shall" is always mandatory and -lot merely directory. (a) "County" shall mean the unincorporated areas of the County of Grant in the State or Washington. (b) "Company" is the grantee of rights under this Ordinance awarding a franchise. being _ Sun Country Cable (c) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Cable Television System" or "System" shall mean a system of antennae, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing audio, video and other forms of electronic or electrical signals located in the County. (e) "Gross Subscriber Revenues" shall mean the revenues derived by the Company from its monthly service fees in the County. (f) "Basic Subscriber" shall mean a resident of the unincorporated areas of the County who is subscribing to Company's lowest tier of service received by all subscribers to Company's System. 0 0 C n rn IN 7 SECTION 3: Qualifications of Grantee and Grant Authority. A public hearing concerning the franchise herein granted to the Company was held on August 28, 1990_ at _10:00 o'clock at the County Commissioners Office Public notice of said hearing was given in the Grant County Journal __ on August 16 & August 23, 1990 , which notice invited interested parties to participate in said hearing and comment upon the legal, character, financial, technical and other qualifications of the Company to operate a Cable Television System in the County. Said hearing having been held on the date and place stated hereinabove, and said hearing having been fully open to the public, and the County having received at said hearing all comments regarding the qualifications of the Company to receive this franchise, the County hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications and that the Company's construction arrangements are adequate and feasible, and that therefore the County hereby grants to the Company a non-exclusive franchise, right and privilege to construct, erect, operate, modify and maintain in, upon, along, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the County, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the County of a Cable Television System for the purpose of distributing television and radio signals and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. SECTION 4: Franchise Term. The Franchise granted the company herein shall terminate fifteen (15) years from date of grant. Upon the mutual consent of both the Company and the County, the Franchise may be renewed for an additional ten year period on the same term, and conditions as contained herein. SECTION 5: Payments to the County. The Company shall during each calendar quarter of operation under the Franchise, pay to the County three (3) percent of the quarterly Gross Subscriber Revenues received by the Company for services rendered within the County for the calendar quarter. At the time of payment the Company shall furnish the County with a certified report showing the Company's total Gross Subscriber Revenue received from the unincorporated area during the calendar quarter upon which the payment is based. Each quarterly payment shall be made within E0 days of the end of the proceeding calendar quarter. SECTION 6: Records and Reports. The Company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying 'oy the County's designee at all reasonable times. SECTION 7: Rates. Attached hereto and made a part of this franchise as Exhibit A is a schedule of cu,,rent rates for basic cable television service. SECTION 8: Local Office: Complaint Procedures. During the term of this Franchise, and any renewal thereof, the Company shall maintain within the incorporated or unincorporated areas of the County a local business office or agent for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours Monday through Friday. Any service complaints from subscribers shall be investigated and acted upon as soon as possible. The Company shall keep a maintenance service log which will indicate the nature of each service complaint and the t,me and date thereof This log shall be made available for periodic inspection by the County. C11 SECTION 9: Liability and Tndemnification. The Company shall pay, o and by its acceptance of this the Franchise the Company expressly agrees that it will pay, all damages and penalties which the County may legally be —� required to pay as a result of the Company's ne(iligence in the installation, C -a 2 _ yr - operation or maintenance of the Cable The County shall notify the Company's after the presentation of any claim or otherwise, made against the County on aforesaid on the part of the Company. Television System authorized herein. representative within fifteen (15) days demand to the County, either by suit or account of any negligence or contract as The Company further agrees as follows: (a) Company shall carry Worker's Compensation insurance, with statutory limits, and Employer's Liability insurance with limits of not less than One Hundred Thousand Dollars ($100,000), which shall cover all operations to be performed by Company as a result of this Ordinance. (b) Company shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) per occurrence, and property damage limits of not less than Five Hundred Thousand Dollars ($500,000). (c) Company agrees to furnish County with certificates of insurance of said policies, which shall provide that insurance shall not be canceled unless ten days' prior written notice shall first be given to County. (d) It is expressly agreed and understood that the Company is an independent contractor and in no event shall Company's employees be deemed to be employees of the County. SECTION 10: System Construction, Maintenance and Procedures. (a) Upon grant of this Franchise to construct and Maintain a community television system in the County, the Company may enter into contracts with Light, Gas and Water division of the County, any Public Utility companies or any other owner or lessee of any poles located within or without the County to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the System, obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdictions to ,supply main trunk lines from the Company's receiving antennae, obtain permission from the Federal Aviation Authority to erect and maintain antennae suitable to the needs of the System and its subscriber and obtain whatever rather permits a city, county, state or federal agency may require. In the construction, installation and maintenance of its System, the Company will use steel, cable and electronic devices, all of specialized and advanced design and type. In the operation of its 'system, the Company will employ personnel with training, skill :ind experience in electronics and communications. Neither material nor personnel of this sort will be available to the Company for its System in the event of a war or other similar national emergency. (b) The Company's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger oN interfere with the lives of persons, or interfere with any improvements the County may deem proper to make, or unnecessarily hinder or chstruct the free use of the streets, alleys, bridges, easement, or public property. Those portions of the Company's system deemed to be in conflict with the free use of the streets, alleys. bridges, easements or public property as determined by the County shall be removed and/or relocated upon written notice by the County. (c) The Company shall not commence any work on or within a County right of way, other than normal maintenance of the existing system, without applying for and receiving a written permit for such work on forms provided by the County. If the work involves the utilization of previous y permitted utility poles no written permit must be secured but .he ounty should be informed. (d) Extension of service shall not be required into an area which does not meet the requirements set forth in Section 11 of this Franchise. (e) All transmission and distribution structures, lines and equipment erected by the Company within the County shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places (f) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the County, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condi ion as before said work was commenced. (g) In the event that at any time during the period of this Franchise the County shall lawfully elect to alter or change any street, alley or other public: way, the Company upon reasonable notice by the County, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures to conform to said alteration or change at its own expense. (h) The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the location(s) shown on the approved permit (i) The Company shall. on the request of any person holding a building moving permit, issued by the County, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporarY wire changes. (j) The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the County upon proper notice to the adjacentowner so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company SECTION 11: Line Extensions. (a) To provide for a reasonable and nondiscriminatory policy governing extensions of cable service within the County, which policy was subject to public review in the public proceeding leading to the award of this Franchise, Company shall extend service to new subscribers, at the normal installation charge and monthly rate for customers o` that classification, under the following terms and conditions. (b) Where the new subscriber, or nearest subscriber of group of new subscribers is 'ocated within 500 feet of existing trunk cable; and (c) Where the number of homes to be passed by such new extension cable plant exceeds or equals 50 homes per mile of such new extension cable plant. (d) In the event the requirements of subsections (b) and CD (c) are not met, the installation cost per subscriber shall be determined as set forth it hib t 8 attached hereto. 4 1 ' � W� rv^M• SECTION 12: Compliance with Standards. All facilities and equipment of Company shall be constructed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code and such applicable ordinances and regulations �(,t forth by the County and/or any other local, state or federal agencies. SECTION 13: Com panv_Rules and Regulations. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this Franchise, and to assure an uninterrupted service to each and all of its customers. However, such rules, regulat ons, terms and conditions shall not be in conflict with the provisions hereon or of federal and state laws. SECTION 14: Procedures. No renewal of this Franchise shall be effective except pursuant to a public proceeding affording due process. The Company shall be a party to any such proceedings and any other proceedings in which its rights, privileges or interests, wculd be affected and shall be fully entitled to such due process rights as may be available under applicable laws, ordinances, rules or regulations. SECTION 15: Approval of Transfer. The Company shall not sell or transfer its System to another, nor transfer any rights under this Franchise to another without written approval by the County, provided that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the County an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof. SECTION 16: Compliance with FCC Rules and Regulat t s. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV System and signal carriage therein. SECTION 17: Modification of FCC Rules. Any modification of FCC Rules resulting from amendment thereto by the FCC shall, to the extent applicable, be considered as a part of this Franchise as of the effective date of the amendment made by the FCC and shall be incorporated in this Franchise by specific amendments thereto by the lawful action of the County within one (1) year from the effective date of the FCC's amendment or at the time of renewal of this Franchise, whichever occurs first. SECTION 18: Publication Costs. The Company shall assume the costs of the publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the appropriate County officials upon the Company's filing of its acceptance of this Franchise and the said publication cots shall be paid at that time by the Company. SECTION 19: Activities Prohibited. (a) The Company shall not allow its cable or other operations to interfere with television reception of persons not served by the Company, nor shall the System interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents cf the County. (b) The Company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in this Franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such ;'assification would be entitled. 5 C, 0 0 M -v v G7 T d+ M r SECTION 20: Theft of Services and Tampering. (a) No person, whether or not a subscriber to the cable system shall willfully, maliciously or otherwise damage or cause to be damaged any wire, cable, conduit, apparatus, appurtenance or equipment of a franchisee operating a cable television system within the County, or commit any act with intent to cause such damage, or to tap, tamper with or otherwise connect any wire or device to a wire, cable conduit, apparatus, appurtenance or equipment of such franchisee with the intent to obtain a signal or impulse from the cable system without authorization form or compensation to such franchisee, or to obtain cable television or other communications service with intent to cheat or defraud said franchisee of any lawful charge to which it is entitled. (b) Whoever shall violate any provision of this section shall be guilty of a misdemeanor and shall be liable to a penalty of not less than One Hundred Dollars ($100.00) for a first offense and not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a second and every subsequent offense. The penalties provided in this Section shall be enforced by appropriate proceedings instituted by the County or the Company. SECTION 21: Separability. (a) If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shal' not affect the validity of the remaining portions hereof. (b) Should any provision of this Franchise be inconsistent or at variance with any rule, regulation or policy, in whole or in part, of the FCC or any othe- agency having jurisdiction, such provision shall be invalid, out the remaining provisions hereof shall not be affected thereby. SECTION 22: Ordinances Repealed. All ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed. SECTION 23: BE IT FURTHER ORDAINED that this Ordinance take effect from the date it shall have been passed by the appropriate authoritative body, and become effective as otherwise provic'ed by law. DONE THIS 28TH DAY OF _AUGUST_, 79 90_ ATTEST: Cl k Po�e Board b Comm I ss i oner I imoo s.r.. EXHIBIT A BASIC SERVICE RATES A. Primary Outlet Installation 1. Standard Installation a. Aerial $ 35.00 b. Underground $ 35.00 + Burial Cost A standard installation consists of a drop of 175 feet or less from the feeder line to the customer's residence. In the case of an underground installation, a standard installation shall be less than 175 feet and shall not include those installations requiring conduit or cutting of streets, sidewalks or other paved areas. 2. Non -Standard Installation Company's cost of labor and materials plus 10% B. Basic Monthly Service $ 19.95 + Tax 0 0 q�MtlRd'�:Y611L99si c� ; r. r EXHIBIT B LINE EXTENSIONFORMULA Sun Country Cable will extend its trunk and distribution system to service new subscribers requesting service after the date hereof at the normal installation charge and monthly rate under the following terms and conditions. (a) Where the new subscriber or subscribers requesting service are all located within 500 feet from the termination of the system, and (b) Where the number of homes to be passed by such extension is equal to or greater than 50 homes per mile of such extension. In the event that the requirements set forth in (a) and (b) above are not met, Sun Country Cable will extend its cable television system based upon the following cost-sharing formula. 1) Total Cost to Construct Extensionk = Cost per Mile Miles of Extension of Extension 2) Total Cost Per Mile of Extension = Company's 50 Share Per Home 3) Total Cost to Construct Extension = Cost Per Subscribers Requesting Service Subscriber 4) Cost Per Subscriber minus Subscriber's Company's Share Per Home = Share *Total Cost to Construct Extension is defined as the actual turn- key cost to construct the entire extension including electronics, pole make-ready charges, 'abor and the cost of the house drops. Sun Country Cabie does not assess any additional cost for service drops of 150 feet or less. For drops greater than 150 feet, the subscriber must pay for the additional feet on a cost-plus-1,3hor basis. ME 6.