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HomeMy WebLinkAboutFranchises - 40 - Commissioners - 20 (003)IN THE MATTER OF AN ORDINANCE 01 (liva I"o TVuinber 95 -62 -CC. GRANTING A FRANCHISE TO Rc ;olu, ion Number 95-62-C(: -IT7 7 Copy AN ORDINANCE GRANTING A FRANCHISE TO TCI Cgb-jg ion a Washington. Inc., 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 PROVI7::P.NZ 1�'()R THE REGULA' 1ON AND USE OF SAID SYSTEM. WHEREAS, it is the mutual desire of the County of Grant and TCI Cablevision of Washincaton, Inc• 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 'Ielevision Franchise Ordinance be and the same is hereby adopted. SECTION 3sjt_gXt.__itIe This Ordinance shall be known and ma -v be cited as the °' TCT 1_11c,, Franchis,s Ordinance". SECTION 2: Defixait:ioa-s. !:'or they 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 mm ndai,,ory and not merely directory. (a) "County" ,hall mean the uni.n�.orporated areas d-� of the County of Grant ir,, the State of Washington. 11A iv,i`a L1:6T7 �> (b) "Company" is tno granteeht d ,_ of nig s under this Ordinance awarding i ,_i ar„ ilisa,. being_j'CT_Ckblevis_m1 of 1 (c) "Person" Ls any person, firm, partnership, association, corpor,it_ee-r., company or acganization of anv 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 pr.oducLnq, receiving, amplifying and distributing audio, v -,deo and other forms of electronic or electrical siyna!:-, 'oc•a¢ed in ti -,e C.,unt:y. (e) "Gross Subscriber Revenues" shall mean the revenues derived by the Company from ii.s 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 lawest tier of service received by all sub -;c. .-ib,:rs to Company's System. C! Y SECTION 3: Oualjf s_and Grant_ A public, hearing concerning the franchise herein granted to the Company was held on _ - at o'clock at. t h r. � --- ------------- - _ �,ublic l-ictice of said hearin ,, WIS C,J.Vell in t17E? —_� oil _— —-_--... '.which notice invited interested parties to part.icii5arc; in aid hew;^in.; and comment upon the legal, character, financial, r.ec~hnical and other qualifications of the Company to operate a Cable Television System in the County. Said hea,incl having been geld 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 qualification- of of the Company to receive this franchise, the: CounLy ne.reby tinds that the Company possesses the necessary legal, technical, character, financial and other qualifications and that the company's construction arrangements are adequate and feasit)le, and that therefore the County hereby grants to the Company a non-exclusive franchise, right and privilege t:o construct, erect, operate, modify and maintain in, upon, along, across, above and over and under the highways, streets, 411eys, 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 Calle 1'elevision System for the purpose of distributing televl,sion and radio signals and various communications and other electronic services to the public. The right so granted includes the right t -o use and occupy said streets, alleys,, pub,Lic ways ,nd places at,d all manner of easements for the purposes tlel c:i�, " cr-t-.h. SECTION 4: F" anchise Jerirr . The F'ranchi-P granted t -he 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 terms and conditions as contained herein. SECTION 5: kayments_tg_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 ^ompany for services rendered within the County for the calendar quarter. At the time of payment the Company shall furnish the County with a certified r�aport showing the Company'.- i_ot i i c,c oss Subsc ribar Revenue .deceived from the unincor-poratad arc:,, during the calendar quarter upon which the payment is base -.i° Each, quarterly payment shall bre made within 60 days of the end at the proceeding calendar quarter. SECTION 6: i3ecgrd�_at-_$eparts. The Company shall keep full, true, accurate and current books of account, which books and records shall be made available for inspection and copying by the County's designee at -t11 reasonable times. SECTION ?: B ,�,4_, E\t-c,jchecx hereto and made a part of this franchis=e. as Exhibit r, i.•, a .,-t+.ed.ule of c:irr_ent rates for - basic (,able television servic4-,. SECTION 61 L-QC4 1 During the term of this Franckisc., t;,id z,ny renewal thereof, the Company shall maintain within the in:::orporated or unincorporated areas of the County a local. busires:s office or agenL for the purpose of receiving and resolving 11 complaints regarding the quality of service, equipment r:al.fanc:tiarks and similar matters. The local office shall be ope:-, tc, � c�r.e.ive i.fqu.iric's or complaints from subscribers durilig normal_ au: t 1, : : flour:;; ' .)nc.ay through Friday. Any service complain'-fr .;i �,ut,scrii,c, s r•hall he, a.rivestigated and ,cte_z upon .t., 0 The company shall keep a maintenance service log which will indicate the nature of each service complaint and the time and date thereof. This log shall be made available for periodic inspection by the Counts. SECTION 9: Liahj._jj.__y-- and ...�dgrnrLificatiop.. The company shall pay, and by it- a•-ceptance of this the Franchise the Company expressly agrees that it will pay, all damages and penalties which the County may l.ec.3ally be required to pay as a result of the Company's negligence .in the installation, operation or maintenance of the Cable Television system authorized herein. The County shall notify the Company's representative within fifteen (15) days after the presentation of any claim or demand to the County, either by suit or otherwise, nade against the County on account of any negligence or contract as aforesaid on the part of the Company. The Company further agrees as follows: (a) Company s.�7al.t carry worker's Compensation insurance, with statutory limits, and Employer's Liability insurance wi_th� limits of not les:; than One Hundred Thousand Doil.,ir-- ($100,000), which shall cover all operations to 3;,5 ;oc.ric,med k:,y compaany as a .result of this ordinance (b) Company shaii 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 Thousa,ld DoIllars ($500,000)- (c) Company a+frees to furnish County with certificates of i.nsurcince of said policies, which shall provide that insur-anca: stall not be canceled unless ten days' prior written ncti:_e 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 Cr)�Ant; . SECTION 10: yyptem CaG3}}st��c�t�Onp��i� na cF=�x�c procceaAAI_e (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 othei 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 r<c s.,<i_ v to cross h,ghw•ays or roads under their respective jurisdictions to supply main trunk lines from the Compiny's receiving antennae, obtain permission from t.h_? Federal Aviation Authority to erect and maintain antr,,inae suitable to the needs of the System and its subs, . :.f,e.•r and o1otain whatever other permits a city, couitt.y, sate or federal. agency may require. In the cor:st :;c yo;a, installation and maintenance of its systeii) the Company will use steel, cable and electronic d v cs, all oi' sl,ecialized and advanced design and Lype. In the operation of .its System, the. Company aril c�rr.�%a r pe.r onr+el with training, skill and x,.:,..en,.e in eiec:tron.ic.s and y communications. UeitIi,=i ii<terial ncr personnel of this sort will be availak3L( -i z t e -,'ompai y for its System is the event of a wa, 0", eemerg-ncy. (b) The Company's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements th,� Country may deem proper to make, or unnecessarily hinder or (..bst_ruct the i.ree use of the streets, :alleys, bridges;, easement.,, or public property. Those portions of t'ie Company's system deemed to be in conflict with the f i e , use of the streets, alley::, bridges, easements or puljj j i.c property as determined by the County shall be ram(.,ved and/or relocated upon written notice by the ccounty. (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 previously permitted utility poles no writt-.n permit must- Lr� "_c ::r&.1 bun the Cour:A-y should be inf orxaed. (d) Extension of service shall not be required into an area which 'foes not meet the r!quirements set forth in Section 11 of tt.is Franchise. (e) All transmission and distribution structures, lines and equipment erected by the Company within the County shall be so ionated 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 tire said streets, alleys or other pub -i( w ;ys .and places (f) In case od any disturbanc` o: pavement, sidewalk, driveway ur 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 goo({ condition as befo; e 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, undeigrotui.i conduits, manholes and other fixtures to conform t(-; >ilterat: on or change at it:� own expense. (h) The Company shall riot 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 :;r t: fixt.uras placed in any street shall be placed it rhe 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 iowering of wires shall be paid by the person requesti.ncl t9 -_:e sam%, and the Company shall have the authority to r�c�q.�.irc such [. ay.m ?nt in advance. The Company shall ).,ec not. less tha,i forty-eight (48) hours :clvartc..e ' ,(. "l-ratrge f(:, - sucIr temp'urary wire rftangcs. (j) The Company shall have the authority to tri.n, trees upon and overhanging streets, alleys, sidewalks and public places of the County upon proper notice to the adjacent owner so as to prevent the branches of such trees from com tncl i -k °ont.act wii.h the wires and cables of the Comp, -.,iv SECTION 11: Li:lc 'k;xt:-ellsitrllp. (a) To provide °or a reasonable and nondiscriminatory i�>•,l.-ccy ,jover_ning extensions of cable service within the t7ounty, which policy was sub-iec.t to public review in the public review in the public proceeding leading ..o the award of this Franchise, Company shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditionvs. (b) Where the new subscriber, or nearest subscriber of group of new subscribers is located within 500 feet of xi_.tin,] trunk cabl,a; ani (c) Where the cs x k r of hones to bay passed by such new extension .a??.e plan. exceeds or equals 50 homes per mile of ext(,ansion cable plant. (d) In the esr�,n -. ttxe requirement,; of subsections (b) and c, are not rant, the installatico cost per subscriber- shall. be (1=1-e mined as set cort.h in Exhibit B attached hereto. 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 :'ode and such applicable orCinanees and regulations set Forth by the County and/or any either local, state or federal alter SECTION 13: CompiAy_1IAI�-q--and_-ReguI4tions. 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, regulations, terms and conditions shall not be in co:ifLic_t with the provisions hereof or of federal and state laws. SECTION 14: Proceduarees. 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 aiiy otlier proceedings in which its rights, privileges or ixiteres-s_s F,ould he affected and shall be fully ..retitled to such de p .or>;.: r i.cJhts as may be available under 3 3.0 1C-C1Fii%3t1U11S. SECTION 15: AP-P-Kc_>Y-4._ ip_f_ -TT-ngfelr• Phe 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 ot- suc,: sale, assignment or lease, accepting the terms of this F -circ h i xnd agreei ,g to perform all condit.ons thereof. t-. SECTION 16: Compliance with FCC Rules and Regulatic 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 regard nq technical and engineering 7pecifi_cations involved in tl)(z .cr, irtzcti,on of tpie CATV System and signal carriage therein. SECTION 17: ��f_i4 atiqAT P_fL_F9_Q_ltu1es. Any modification of FCC Rules resulting from amendment thereto by the rCC shell, to the extent applical-A��!, be considered as a part: of this Franchise as of the effective date of the amendment made by ,.he FCC-' shall be incorporated sn this franchise by specific amendments thereto by the lawf,ii action of the County within one (1) year from the effective date of the FCC'camendment: or at the time of renewal of this Frazichi.,E,., ,hichever occurs first. SECTION 18: lhahlxcat oon Costs. The Company shall assume the costs of the publication of this Franchise as such 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 c,fticials upon the Company's filing of its acceptance of t`iis Fr anchise aiEd the said p:bblic«tion costs shall be Maid i a +iat, time by the Company. SECTION 19: A_gtjv .t _es P,robibited. (a) The Comp; ,y shcil.i not allow its cable or other operations to irst_erfere with television reception of persons not served l.y the Company, nor shall the System interfere wish, ot,-.r_ruct or hirder in any mannt.,- the operation of the ✓. r. i crus utilit ies ser ✓ing the residents of the Coan-v. (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 iiny person to any prejudice or disadvantage, provided that nothing in this Franchise shall be deemed to arDhii:it the establishment of a graduated scale of .h�ir(jes and cl.a:,sif ied rate schedules to which .zn1j customer comincl within such classification wou11 ): �nti_tied. SECTION 20: TIlef t amne.ring. (a) No person, whether or not a subscriber to the cable system shall willfully, maliciously or otherwise damage or cause to oe damaged any wire, cable, conduit, apparatus, appurtenance c,r 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 o:= otherwise connect any wire or device to a wire, c -Ab to <,unduit, apparatus, appurtenance or equipuent: of such franchisee with the intent to obtain aiilpulse I com tfie cable system without auth,.)r.zat ion form or compensation to such franchisee, oar• to ohLain cable television or other communications service wjt.h intent to cheat or defraud said franchisee of ..inv 1.,vvcu1 char -e to which it is entitled. (b) Whoever siia.til 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 ($7.00.00) for a fis.st offense and not less than Five Hundred 5 19 - 00.) nor mora than one Thousand Dollars ($,,�aC.,l_)u) for a second and every subsequent offenso. hay .�,,neLlties ,arc✓ided in this Secti_un shall be E'�l? Ot'i c', ��Y approp! ia'.._e proceedings t instiuti.ed by the (°�sui�c;✓ '.iie Company. SECTION 21" evai a!A V. tv. (a) If any se(tion,, subsection, sentence, clause, phrase. or portion o1 ttai ordinance is for any reason held invalid or unce-,ist itut ional by an , court of competent jurisdict'6,)n, :-s_i<.:h :ortio�i shall be deemed a separate, distinct -,n,! i.ndc--p.-.ndenc provision and such holding shall no'. �,,alidity a>f 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 iia part, of the FCC or any other agency having jurist€ict i.uri, such provi::ion shall be invalid, but the rer.:aina n, pro ri.sions here�-�f shail not be affected thereby. SECTION 22: Ordtjjance__$ Repealed. All. ordinances or parts thereof in conflict with tho provisions of this Ordinance are hereby repealed. SECTION 23: BE Ir FURTHER ORDAINED that this ordinance take effect from thc� :lata it shall have been passed by the apf,e•opriate authoritative 3_,o,ly rant become ei fective as otherw:�_se provided by law. DONE 'liiIS 16th day of May, 1995 Al TEST: Clerk of the Board a Chairman .ousti tutiuP, tha, Bo�ir.d of County Commi:�- 10D�-,ts of 1.,:a,it County, War;liington 77 M v� t 4 a Chairman .ousti tutiuP, tha, Bo�ir.d of County Commi:�- 10D�-,ts of 1.,:a,it County, War;liington f:V LYIIIBT�1:1 2% BASIC El"RV Ic E RATES Primary Outlet Instaliati_Qn 1. Standard Instal lat. i (> a. Aerial b. u ndergrow,i_l $_2 $___26v91 A standard is :_;'L illat:a.c;n consists c�f a d~op of 125 ft:e''t i.ess from the feeder .tine to the Is residence. In the case of an undercli-ound installation, a standard installation shall be less than 175 feet and shall not include those installations requiring conduit or cutting of streets, or other pacR:-2d areas. 2. Non -Standard 11:�t,gllz,�iun Company's cost of labor and materials plus 10% EXHIBIT 1; IEL-EXTF',r1� 1•1.Qr� ,ill extend its trunk and clistri'.Cution system to service new -ul:,;scrlbers Lo`juestinq s('.rvic'.` ci:-t,,r 4w4ze date h,-�reoi at the n:-)rmal charge e',nd ratoni .iii`; crate und(it the fol iow i and c:orrdit ..ons (a) inihere the ne!w or suh ;cr-ibers roquesting s(:vrvice are al ? c.c aL 1 within .`,00 feet from the +g ermination of :.h_ee sy stetti, iD-.j (b) Where the number of homes to be passed by such extension is equal t:) or greater than 50 homes per mile of such extensi,)st. In the event that the requirements set forth in (a) and (b) above are not niet,-I_Ca revisionof on. will extend its cable i,�leavision system based t:oon followi�tg (7ost--sharing b orroul; 1) 'Tota] Cc� t to Cost per Mile Miles of Fxten� w� of Extension Ss t -.b't .-„ `' x ` -Li _=1-(Di1 Company I s 50 Share Per Home 3) Total Cost to Canstr_u�t.�isioh = Cost Per Subscribers Requesting .,ervice Subscriber 4) Cost Per Subscriber mi.nu:s Subscriber's Company's Share Per lk,me - Share *'notal Cost to Coast; uct 3-I'Lension is deiinea as the actual turn -key cost to C(;t ,t.x'uct the entire extension including e:f_ecr_r.onic_, mo..ke--ready charges, labor and the cos.. of_C'cb "- _t';,-. 1<!Use drop;,. .T��L. Cab le.Yi9-'2x1 d< -)es not. asses;-, any additional cost for service drops ()f 150 feet (.,,- loos. For drops greater than 150 feet, the sub>.,.:r i1,et tt>,st pay for the additional feet on a cost -plus -labor basi.,