HomeMy WebLinkAboutOrdinance 89-047-CCIN THE NATTER OF AN ORDINANCE
GRANTING A FRANCHISE TO
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ORDINANCE NO. 89 -47 -CC
RESOLUTION NUMBER 89 -47 -CC
AN ORDINANCE GRANTING A FRANCHISE TO Northwest Signal Cable
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 PROVIDING FOR THE
REGULATION AND USE OF SAID SYSTEM.
WHEREAS, it is the mutual desire of the County of Grant
and Northwest Signal Cable, -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 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 " Northwest Signal Cable
Inc. 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 not
merely directory.
(a) "County" shall mean the unincorporated areas
of the County of Grant in the State of Washington.
(b) "Company" is the grantee of rights under this
Ordinance awarding a franchise, being Northwest Signal
Cable. Inc.
(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 ca
service fees in the County.
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(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.
SECTION 3: Qualifications of Grantee and Grant
Authority. A public hearing concerning
the franchise herein granted to the Company was held on February
7. 1989 at 10:00 A.M. o'clock at the Grant County Court-
house Public notice of said hearing was given in the
Grant County Journal on January 26 & February 2, 1989,
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 terms and conditions as contained herein.
SECTION 5: Pa mnts 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 60 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 by 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 current rates for
basic cable television service. CD
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SECTION 8: Local Office; CMIaint Procedures. --,�
During the term of this Franchise, and any renewal thereof, the
Company shall maintain within the incorporated or unincorporated Q
areas of the County a local business office or agent for the rn
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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 time and
date thereof. This log shall be made available for periodic
inspection by the County.
SECTION 9: Liability and Indemnification. The
Company shall pay, and by its acceptance of this the Franchise
the Company expressly agrees that it will pay, all damagest and
penalties which the County may legally 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, made 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 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 cancelled 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 Fran
Maintain a community television s
the Company may enter into contra
and Water division of the County,
companies or any other owner or 1
located within or without the Cou
such contract or contracts may be
advantage to the Company for use
necessary for proper installation
right-of-way permits from appropr
federal officials necessary to cr
under their respective jurisdicti
trunk lines from the Company's re
obtain permission from the Federa
to erect and maintain antennae su
the Svstem and its subscriber and
:hise to construct and
istem in the County,
;ts with Light, Gas
any Public Utility
:ssee of any poles
ity to whatever extent
expedient and of
)f poles and posts
of the System, obtain
Late state, county and
)ss highways or roads
ins to supply main
;eiving antennae,
L Aviation Authority.
Ltable to the needs of o
obtain whatever other x
permits a city, county, state or reaeral agency may -11
require. In the construction, installation and ND
maintenance of its System, the Company will use steel, C.J
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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 and 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 or
interfere with the lives of persons, or interfere with
any improvements the County may deem proper to make, or
unnecessarily hinder or obstruct the free use of the
streets, alleys, bridges, easements 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 previously permitted utility poles no
written permit must be secured but the County 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 condition 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
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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 adjacent owner so as to prevent the branches of
such trees from coming in contact with the wires and
cables of the Company.
SECTION 11: kine 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 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 of that classification, under the following
terms and conditions.
(b) Where the new subscriber, or nearest
subscriber of group of new subscribers is located
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 (c) are not met, the installation cost per
subscriber shall be determined as set forth in Exhibit
B attached hereto.
SECTION 12: CgMliance 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 set forth by the County and/or any
other local, state or federal agencies.
SECTION 13: Company 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, regulations, terms and
conditions shall not be in conflict with the provisions hereof 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 would 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: ApRXoval 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
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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: Cgmliance with FCC Rules and
Regulations. 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 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 costs 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 of 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
classification would be entitled.
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
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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 shall 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 other
agency having jurisdiction, such provision shall be
invalid, but 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 provided by law. ,
Done This Day Of axA,
f
Attest:
Clerk he Boar
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EXHIBIT A
BASIC SERVICE RATES
A. Primary Outlet Installation
1. Standard Installation
a. Aerial $30.00
b. Underground $50.00
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 $16.95
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EXHIBIT B
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Northwest Signal Cable, Inc. 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, Northwest Signal Cable, Inc. will extend its cable
television system based upon the following cost-sharing formula.
1) Total Cost to Construct Extension* = Cost per Mile
Miles of Extension of Exten-
sion
2) Total Cost Per Mile of Extension =
50
3) Total Cost to Construct Extension -
Subscribers Requesting Service
Company's
Share Per Home
Cost Per
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, labor
and the cost of the house drops.
Northwest Signal Cable, Inc. 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 -labor basis.
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