HomeMy WebLinkAbout2006-10-7183ORDINANCE NO. 2006-10-7183
CHAPTER 22 CABLE COMMUNICATIONS
CITY OF PADUCAH, KENTUCKY
October 4, 2006
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FIN
TABLE OF CONTENTS
ARTICLEI. IN GENERAL..........................................................................................................1
Sec. 22-1.
Title of Chapter..........................................................................................................1
Sec. 22-2.
Definitions.................................................................................................................1
Sec. 22-3.
Franchisee May be Required to Pay Associated Costs..............................................4
Sec. 22-4.
Fair Employment and Contracting.............................................................................4
Sec. 22-5.
Construction of Chapter.............................................................................................5
Sec. 22-6.
Compliance with Federal, State and Local Laws.5
.....................................................
�.
Sec. 22-7.
Effect on New and Existing Franchisees...................................................................5
Sec. 22-8.
Delegation of Power..................................................................................................6
Sec. 22-9.
City Ownership of Cable System..............................................................................6
Secs. 22-10--22-30. Reserved.....................................................................................................6
ARTICLE II. FRANCHISE PROVISIONS................................................................................6
Sec. 22-31.
Franchise Required..................................................................................................6
Sec. 22-32.
Term; Termination. and Cancellation.......................................................................7
Sec. 22-33.
Selection of New Franchisee...................................................................................8
Sec. 22-34.
Renewal of Franchise..............................................................................................9
Sec. 22-35.
Franchise Conditions...............................................................................................9
Sec. 22-36.
Franchise Agreement.............................................................................................10
Sec. 22-37.
Operational Standards............................................................................................11
Sec. 22-38.
Number of Channels..............................................................................................13
Sec. 22-39.
Sec. 22-40.
Use of Channels.....................................................................................................13
Public Service Installations
....................................................................................14
Sec. 22-41.
Right of City to Purchase System..........................................................................15
Sec. 22-42.
Transactions Affecting Ownership or Control of Franchise Facilities..................15
Sec. 22-43.
Receivership; Foreclosure.....................................................................................16
Sec. 22-44.
City's Right of Intervention; Resolution of Disputes............................................17
Sec. 22-45.
Submission of Reports and Data............................................................................17
Sec. 22-46.
Insurance; Bonds; Indemnification........................................................................18
Secs. 22-47--22-70.
Reserved...................................................................................................19
ARTICLE III. RATES AND CHARGES..................................................................................19
Sec. 22-71.
Rates, Charges and Refunds..................................................................................19
Sec. 22-72.
Franchise Fees.......................................................................................................20
Secs. 22-73--22-90.
Reserved...................................................................................................20
ARTICLE IV. CUSTOMER PROTECTION AND SERVICE STANDARDS .....................20
Sec. 22-91.
Notice of Rights and Responsibilities................................................................ 20
Sec. 22-92.
Sec. 22-93.
Customer Service Office and Telephones............................................................. 21
Special Requirements
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for the Disabled..................................................................23
Sec. 22-94.
Reserved................................................................................................................23
Sec. 22-95.
Restoration of Subscribers' Property.....................................................................23
Sec. 22-96.
Emergency Alert and Availability of Parts and Personnel....................................24
Sec. 22-97.
Billing Practices; Billing Credit; Disconnection for Nonpayment of Charges......
25
Sec. 22-98.
Voluntary Disconnection.......................................................................................25
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Sec. 22-99. Protection of Subscriber Privacy...........................................................................26
Sec. 22-100.
Substandard Picture Quality................................................................................26
Sec. 22-101.
Use and Return of Equipment; Security Deposits...............................................26
Sec. 22-102.
Continuity of Service...........................................................................................27
Sec. 22-103.
Resolution of Complaints....................................................................................28
Sec. 22-104.
Date of Compliance.............................................................................................28
Sec. 22-105-22-130. Reserved................................................................................................28
ARTICLE V.
ADMINISTRATION AND ENFORCEMENT.................................................28
Sec. 22-131.
Compliance Required..........................................................................................28
Sec. 22-132.
Paducah Cable Communications Authority.........................................................28
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ORDINANCE NO. 2006-10-7183
AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER 22,
CABLE COMMUNICATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
J BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Chapter 22, Cable Communications, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby abolished.
SECTION 2. That a new Chapter 22, Cable Communications, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby enacted and shall read as follows:
ARTICLE I. IN GENERAL
SECTION 22-1— TITLE OF CHAPTER
This Chapter shall be known as "Chapter 22 Cable Communications of the City's
Code of Ordinances."
SECTION 22-2 - DEFINITIONS
For the purpose of this Chapter, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
in the singular number include the plural number, and words in the plural number include the
singular number. The word "shall" is always mandatory and not merely directory. The word
"may" is directory and discretionary and not mandatory. Words not defined shall be given their
common and ordinary meaning.
(a) Access Channel. A Public, Educational or Governmental Access Channel
which is carried on a Cable System, but which is not part of any institutional
network.
(b) Alternative User Charge. To the extent not inconsistent with applicable
law, a charge used in place of a Franchise Fee that the City requires as payment
for the privilege of using the Street, Easements, Public Ways or rights-of-way of
the City in order to construct, maintain and operate a Cable System.
(c) Annual Gross Revenues or Gross Revenues. Annual Gross Revenues shall
mean any and all compensation in whatever form (except as exempted by this
definition, or specifically exempted in a Franchise by the Board of
Commissioners) from all Cable Services and Cable Service operations within the
City. Also, unless prohibited or preempted by either federal or state law, Annual
Gross Revenues shall mean any, and all, compensation from rental or sale of
Converters, rental or sale of remote -control devices (including those with volume
control), and rental or sale of A/B or input switches. However, Annual Gross
Revenues shall not mean the value of Cable Services provided on a
complimentary basis as required or allowed by the City, including, without
limitation, the provision of Cable Service to public facilities as required herein or
any taxes imposed and/or assessed by law on Subscribers (including state sales
taxes) which, subject to applicable law, a Franchisee is obligated to collect and
pay in full to the applicable taxing authorities. The City acknowledges and agrees
that Franchisee will maintain its books and records in accordance with GAAP.
(d) Authority. The Paducah Cable Communications Authority provided for in
this Chapter.
(e) Basic Cable Service. Any Service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational,
and governmental access programming required by the Franchise to be carried on
the basic tier. Basic Cable Service as defined herein shall not be inconsistent with
47 U.S.C. § 543(b)(7).
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(f) Board. The Board of Commissioners for the City of Paducah, Kentucky.
(g) Cable Operator. Any Person or group of Persons who:
(1) provides Cable Service over a Cable System and directly or
through one (1) or more affiliates owns a significant interest in such Cable
System; or
(2) otherwise controls or is responsible for, through any arrangement,
the management and operation of such a Cable System.
(h) Cable Service or Service. (A) the one-way transmission to Subscribers of
(i) Video Programming or (ii) Other Programming Service, and (B) Subscriber
interaction, if any, which is required for the selection or use of such Video
Programming or Other Programming Service. Cable Service as defined herein
shall not be inconsistent with the definition set forth in 47 U.S.C. § 522(6).
(i) Cable System or System. A facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control
equipment that is designed to provide Cable Service which includes Video
Programming and which is provided to multiple Subscribers within a community,
but such term does not include:
(1) a facility that serves only to retransmit the television signals of one
(1) or more television broadcast stations;
(2) a facility that serves Subscribers without using any Street or Public
Way;
(3) a facility of a common carrier which is subject, in whole or in part,
to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall
be considered a Cable System (other than for purposes of 47 U.S.C. §
541(c)) to the extent such facility is used in the transmission of Video
Programming directly to Subscribers, unless the extent of such use is
solely to provide interactive on -demand services;
(4) an open video system that complies with 47 U.S.C. § 573; or
(5) any facilities of any electric utility used solely for operating its
electric utility systems.
(j) Cable Television Channel or Channel. A portion of the electromagnetic
frequency spectrum which is used in a Cable System and which is capable of
delivering a television Channel (as "television Channel" is defined by FCC
regulation).
(k) City. The City of Paducah, Kentucky, and all the territory within its
presently existing or future territorial corporate limits. Where appropriate, the
term "City" shall refer to it as a corporate entity and also include its officers,
employees and duly authorized representatives.
(1) City Manager. The designated or acting City Manager of the City of
Paducah, Kentucky.
(m) Commonwealth. The Commonwealth of Kentucky.
(n) Converter. Any electric or other device separate and apart from the
Subscriber's receiver that is capable of converting or changing signals to a
frequency not intended to be susceptible to interference within the television or
video receiver of a Subscriber, and by an appropriate Channel or other type of
selector may also permit a Subscriber to view or otherwise use signals delivered
j at designated dial locations, or such other reception and use allocations as may be
�-- applicable and required for the practical use of the signal.
(o) Drop. The cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
(p) Easement. Any public Easement or other compatible use created by
dedication or by other means on behalf of the City for public utility purposes or
any other purpose whatsoever, including cable television. "Easement" shall
include a private Easement used for the provision of Cable Service.
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(q) FCC or Federal Communications Commission. The federal administrative
agency, or lawful successor, authorized to oversee cable television regulation on a
national level.
(r) Franchisee. All Persons, natural or corporate, or any other entity having
any rights, powers, privileges, duties, liabilities or obligations under this Chapter
and the Franchise Agreement, and also all Persons having or claiming any power
or interest in or to the System, whether by reason of the Franchise itself or any
subcontract, transfer assignment, mortgage, pledge, hypothecation, security
agreement, management agreement or operating agreement, or otherwise arising _
or created.
(s) Franchise or Franchise Agreement. That separate agreement by which a
Franchise is granted to the Franchisee as required by this Chapter. Franchise as
defined herein shall not be inconsistent with 47 U.S.C. § 522(9).
(t) Franchise Area or Service Area. The entire geographic area within the
City as it is now constituted or may in the future be constituted.
(u) Franchise Fee. Any tax, fee, or assessment of any kind imposed by the
City or other governmental entity on Franchisee or Subscriber, or both, solely
because of their status as such. It does not include any tax, fee, or assessment of
general applicability (including any such tax, fee, or assessment imposed on both
utilities and Cable Operators or their services but not including a tax, fee, or
assessment which is unduly discriminatory against Cable Operators or cable
Subscribers); capital costs which are required by the Franchise to be incurred by
Franchisee for Public, Educational, or Governmental Access Facilities;
requirements or charges incidental to the awarding or enforcing of the Franchise,
including payments for bonds, security funds, letters of credit, insurance,
indemnification, penalties, or liquidated damages; or any fee imposed under Title
17 of the United States Code.
(v) Normal Business Hours. The term "Normal Business Hours" means those
hours during which most similar businesses in the community are open to serve
customers. In all cases, "Normal Business Hours" must include some evening
hours, at least one (1) night per week and/or weekend hours.
(w) Normal Operating Conditions. Those Service conditions which are within
the control of Franchisee. Those conditions which are not within the control of
Franchisee include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control of
Franchisee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance
or upgrade of the Cable System.
(x) Ordinance or Chapter. Chapter 22 Cable Communications of the City's
Code of Ordinances.
(y) Other Programming Service. Information that a Franchisee makes
available to all Subscribers generally.
(z) Pay Television. The delivery over the System of pay -per -channel or pay -
per -program audio-visual signals to Subscribers for a fee or charge, in addition to
the charge for Basic Cable Service or Other Programming Services.
(aa) Person. Any individual, corporation, business trust, estate trust,
partnership, association of two (2) or more Persons having a joint common
interest, governmental agency or other legal entity, including the City.
(bb) EG. Public, Educational or Governmental.
(cc) Service Day. Any day or other twenty-four (24) hour period, other than a
Sunday or a City -recognized holiday, in which employees of the Franchisee
regularly respond to service requests and calls.
(dd) Service Interruption. The loss of picture or sound on one (1) or more
Channels.
(ee) Standard Installation. Any residential or commercial installation which
can be completed using a Drop of one hundred fifty (150) feet or less.
(ff) Streets and/or Public Ways. The surface of and the space above and below
any public Streets, sidewalk, alley or other Public Way of any type whatsoever
now or hereafter existing as such within the City.
(gg) Subscriber. A Person lawfully receiving Service delivered over a Cable
System by either a Cable Operator or Franchisee.
(hh) U.S.C. United States Code.
(ii) Video Programming. Programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
SECTION 22-3 - FRANCHISEE MAY BE REQUIRED TO PAY
ASSOCIATED COSTS
In addition to any other rights the City may have under this Chapter, the City
specifically reserves the right to charge the Franchisee for any and all costs incidental to the
awarding or enforcing of the Franchise as provided for in a Franchise Agreement.
SECTION 22-4 — FAIR EMPLOYMENT AND CONTRACTING
6j) Equal opportunity in employment shall be afforded by each cable entity to
all qualified Persons, and no Person shall be discriminated against in employment
by such entity because of race, color, religion, national origin, age or sex.
(kk) A Franchisee shall exercise its best effort to use minority organizations,
organizations for women, media, educational institutions, and other potential
sources of minority and female applicants, to supply referrals whenever jobs are
available in its operation and to encourage minority and female entrepreneurs to
conduct business with all parts of its operation.
(11) In addition to the provisions noted above, a Franchisee shall comply with
all Commonwealth laws, FCC regulations, and 47 U.S.C. § 554 as they relate to
equal employment and contracting opportunity within the cable industry.
SECTION 22-5 — CONSTRUCTION OF CHAPTER
(mm) This Chapter shall be construed in light of applicable Commonwealth and
federal laws and regulations governing cable practices in general and cable
consumer practices in particular.
(nn) Wherever possible, this Chapter shall be construed with as much
flexibility as possible so that the City might be able to accomplish its goals of
protecting the health, safety, and welfare of the citizenry.
SECTION 22-6 — COMPLIANCE WITH FEDERAL, STATE, AND LOCAL
LAWS
If any federal or state law or regulation shall require or permit City or Franchisee
to perform any service or act or shall prohibit City or Franchisee from performing any service or
act which may be in conflict with the terms of this Ordinance, then as soon as possible following
knowledge thereof, either party shall notify the other of the point in conflict believed to exist
between such law or regulation. Franchisee and City shall conform to state and federal laws and
regulations and rules regarding cable communications as they become effective.
SECTION 22-7 — EFFECT ON NEW AND EXISTING FRANCHISEES
(oo) For Persons awarded a cable Franchise after the effective date, this
Chapter shall have full effect and be enforceable in its entirety and for a Franchise
existing on the date that this Chapter becomes effective, this Chapter shall have
no effect during its present Franchise term.
(pp) Notwithstanding the above provisions, a Franchisee may file a written
petition, at any time, seeking relief from one (1) or more provisions of this
Chapter. The relief requested may specifically include the delay in
implementation (as to the petitioning Franchisee only) of one (1) or more
provisions of this Chapter.
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(qq) In order to receive relief from one (1) or more provisions of this Chapter, a
Franchisee must satisfactorily demonstrate to the City that one (1) of the
following facts exist:
(1) The provision and/or requirement is expressly prohibited by
applicable law; or
(2) The provision materially affects and is in conflict with an
expressed right that is specifically noted in an existing Franchise
Agreement; or
(3) That the imposition of such provisions and/or requirements is
commercially impracticable or will create such an undue economic
hardship on the Franchisee so as to imperil or eliminate the economic
benefits of providing Cable Service to a majority of current Subscribers;
or
(4) That the Franchisee has its own construction, maintenance,
operation, customer service or equal employment opportunity (EEO)
policy, practice or standard which is deemed comparable to or exceeding
any provision and/or requirement from which the Franchisee seeks relief.
(rr) The City shall have the responsibility of determining whether a
Franchisee's construction, maintenance, operation, customer service or EEO
policy, practice or standard is comparable to or exceeds a similar provision in this
Chapter.
(ss) In accordance with this Chapter, the City may charge the petitioning
Franchisee with the incidental costs of processing an initial Franchise.
SECTION 22-8 – DELEGATION OF POWER
Unless prohibited by the Commonwealth, the City and/or Board of
Commissioners may delegate its powers and authorities (except its ultimate franchising
authority) with respect to cable to the Authority, or a duly authorized representative of the City,
including the Mayor and City Manager, provided, however, the City and/or Board of
Commissioners shall not delegate its powers and authority with respect to matters concerning,
Franchise renewal, non-compliance or revocation of the Franchise unless otherwise agreed to by
City and Franchisee.
SECTION 22-9 – CITY OWNERSHIP OF CABLE SYSTEM
In the event the City directly or indirectly through any legal means constructs,
acquires, purchases, leases or otherwise owns or controls a Cable System, it shall, with the
exception of those requirements pertaining to application for and obtaining a Franchise, be
considered a Franchisee for purposes of this Chapter and shall be bound by and comply with all
the requirements of this Chapter as if it were a Franchisee.
SECTION 22-10-22-30 RESERVED
ARTICLE II. FRANCHISE PROVISIONS
SECTION 22-31– FRANCHISE REQUIRED
(a) Necessity of Franchise. Except as provided in subsections (b) and (c) of
this section, to the maximum extent permitted under applicable law, no Person
shall provide Cable Services nor operate or maintain a Cable System without
having first obtained a Franchise, and then entering into a Franchise Agreement
with the City.
(b) Exception for City -owned or City -controlled Cable System. Under judicial
interpretations of the Kentucky Commonwealth Constitution, a municipality may
own and operate a Cable System. Consequently, should the City, directly or
indirectly, through any legal means available to the City, decide to purchase,
acquire, construct, lease, control or otherwise own a Cable System within the
territorial limits of the City, then the City shall not be required to submit a
proposal for or receive a Franchise in order to construct, operate and maintain a
Cable System within the territorial limits of the City.
(c) Contravention of Franchise; costs of litigation. The cost of any litigation
incurred by the City to enforce this Chapter or the Franchise granted pursuant
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hereto, or any Franchise Agreement, or in relation thereto, or in relation to the
cancellation or termination of a Franchise, shall be reimbursed to the City by the
affected Franchisee if the City prevails in the litigation. In the event the
Franchisee prevails, the cost of litigation incurred by the Franchisee shall be
reimbursed to the Franchisee by the City. Such costs shall include, but not be
limited to, filing fees, costs of depositions, discovery, and expert witnesses, all
other expenses of suit, and a reasonable attorney's fee.
SECTION 22-32 — TERM; TERMINATION AND CANCELLATION
(d) Maximum term. No Franchise granted hereunder, or any renewal thereof,
shall be for a term of more than fifteen (15) years.
(e) Term six years or less. If an initial Franchise or renewal Franchise is for a
period of six (6) years or less, then the Franchise Agreement shall explain the
reasons for granting the shorter Franchise term.
(f) Reasons for term six years or less. The reasons for a shorter Franchise
term may include, but are not limited to, the following:
(1) Multiple or repeated documented material violations of the prior
Franchise Agreement.
(2) Multiple or repeated documented material violations of this
Chapter.
(3) Documented reckless disregard for the safety and welfare of the
citizens of the City.
(4) Failure to furnish any required annual reports.
(5) Failure to comply with a specific, previously agreed upon
construction schedule.
(6) Failure to timely pay in their entirety any Franchise Fees or taxes
or other charges due to the City.
(g) Termination and cancellation of Franchise. In addition to all other rights
r and powers of the City by virtue of the Franchise or this Chapter, the City may,
subject to and in accordance with appropriate terms of this Chapter and a
Franchise Agreement, federal, and state law, terminate and cancel the Franchise
and all rights and privileges of the Franchisee thereunder in the event that the
Franchisee either:
(1) Substantially violates any material provisions of the Franchise or
this Chapter, or any legal rule, order or determination of the Board of
Commissioners made pursuant thereto, where such violation shall remain
uncured for a period of thirty (30) days subsequent to receipt by
Franchisee of written notice of said violation, except where such violation
is not the fault of the Franchisee or is due to excusable neglect;
(2) Intentionally evades any of the provisions of this Chapter or the
Franchise Agreement or practices any intentional fraud or deceit upon the
City; or
(3) Becomes insolvent, files bankruptcy or abandons the Franchise or,
subject to Section 22-72, fails to pay any applicable Franchise Fee when
due.
Such determination and cancellation shall be made by ordinance of the Board of
Commissioners duly adopted after twenty (20) days' notice to the Franchisee and shall in no
way affect any of the City's rights under the Franchise or any provisions of law; provided,
however, that, before the Franchise may be terminated and canceled under this section, the
Franchisee shall be provided with an opportunity to be heard at a public hearing before the
Board of Commissioners, upon thirty (30) days' prior written notice to the Franchisee of the
time and place of the public hearing; provided further that the notice shall affirmatively and
with specificity cite the reasons alleged to constitute a cause for revocation; and, provided
further, that notice of the public hearing shall be published in a local newspaper of general
circulation at least five (5) days before the hearing.
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(h) Performance evaluation provisions.
(1) The City and Franchisee shall hold scheduled performance
evaluation sessions within thirty (30) days prior to the fifth (5th) and tenth
(10th) anniversary dates of granting a Franchise or renewal of a Franchise.
All performance evaluation sessions shall be open to the public and will be
announced by the City in a newspaper of general circulation at least five
(5) days before each session.
(2) Special performance evaluation sessions may be held at any time
during the term of the Franchise; provided that both the City and the
Franchisee shall mutually agree on the time, the place and the topics to be
negotiated.
SECTION 22-33 — SELECTION OF NEW FRANCHISEE
(i) Request for proposal. In selecting a new Franchisee (not applicable to a
proposed transferee) pursuant to this Chapter, the City shall prepare a request for
proposal to seek bids for a Cable System to be established under a Franchise by
the City. This request for proposal shall contain, among other things, detailed
information and instructions relating to the preparation and filing of proposals;
technical standards regarding the installation, operation and maintenance of a
Cable System; financial ability and stability to construct, operate, and maintain a
Cable System; history of legal compliance with other types of Franchise
Agreements and commitment to comply with the legal requirements of the City;
and the criteria to be used in evaluation of applicant proposals. However, as
noted in Section 22-31(b), should the City directly or indirectly, through any legal
means available to the City, decide to purchase, acquire, construct, lease, control
or otherwise own a Cable System, then the City shall not be required to submit a
proposal.
0) Criteria for selection of Franchisee. Applicants for a new Franchise shall
be evaluated according to the following criteria:
(1) Nonprofit ownership. A preference shall be given to applicants for
a Franchise representing nonprofit organizations.
(2) Service priorities. A preference shall be given to System
capability in terms of no costs telecasting production facilities and Service
available to municipal and educational institutions and community groups
and individuals. Preference shall be given to System provisions for two-
way nonvoice communications. Preference shall be given to the
maximum total Channels provided by the System.
(3) Installation plan. A preference may be given to an installation
plan that would provide flexibility needed to adjust to new developments,
maintenance practices, and services that would be available to the
Subscriber and the community immediately and in the future.
(4) Financial soundness and capability. The evidence of financial
ability required in the applicant's proposal shall be such as to assure
ability to complete the entire System within a minimum of two (2) years
from the date the Franchisee receives an FCC certificate of compliance
and to operate a fiscally sound System throughout the term of the
Franchise.
(5) Demonstrated experience in operating a Cable System under City
Franchise. Preference shall be given upon satisfactory evidence of the
applicant's experience in operating a Cable System under a City
Franchise, where such evidence would show or tend to show or confirm
the ability of the applicant to furnish sufficient and dependable Service to
the potential public and users.
(6) Educational program. A preference shall be given to a System
which presents a program whereby the City's public schools may benefit,
utilize and develop education programs for students and Subscribers.
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(7) Award of New Franchise; Hearing; Publication of Ordinances.
The Board of Commissioners may award a new Franchise to an applicant
only after a public hearing on the application and proposal, notice of
which hearing shall be published in a local newspaper of general
circulation at least twenty (20) days before the date of the hearing. Any
Franchise that is granted shall be authorized by an ordinance of the Board
of Commissioners, which ordinance shall be thereafter published in the
manner prescribed by law in a local newspaper of general circulation.
SECTION 22-34 — RENEWAL OF FRANCHISE
Any renewal of a Franchise shall be governed by and comply with the provisions
of 47 U.S.C. § 546 of the Cable Act, as amended.
SECTION 22-35 — FRANCHISE CONDITIONS
(k) All Franchises granted pursuant to this Chapter shall be subject to, and
shall expressly indicate that they are subject to, the following provisions:
(1) Any Franchise granted hereunder shall be subject to the right of the
City, by appropriate action of its Board of Commissioners, to revoke the
Franchise for cause shown pursuant to the provisions of this Chapter or the
applicable law of the Commonwealth of Kentucky or the United States of
America.
(2) Any Franchise granted hereunder shall be subject to all generally
applicable provisions of City ordinances and any amendments thereto.
(3) Any Franchise granted hereunder shall be subject to the right of the
City:
a. To repeal the same for failure to comply with the
provisions of this Chapter, or any other local, state or federal laws,
or Federal Communication Commission rules or regulations.
b. To require proper and adequate extensions of the plant and
service and maintenance thereof at the highest practicable standard
of efficiency as provided for in a Franchise Agreement.
C. To establish reasonable standards of service and quality of
products, and to prevent unjust discrimination in service or rates.
d. To require continuous and uninterrupted Service to the
public in accordance with the terms of the Franchise throughout
the entire period thereof.
e. To control and regulate the use of its Street, alleys, bridges
and public places and the space above and beneath them. The
Franchisee may be required by the City to permit joint use of its
property and appurtenances located in the Streets, alleys, and
public places of the City by the City insofar as such joint use may
be reasonably practicable and upon payment of reasonable rent
therefore; provided that, in the absence of agreement, upon
application by any Franchisee, or the City, the dispute may be
submitted and resolved as provided in Section 22-44(b).
f. Through its appropriately designated representatives, to
inspect all construction work performed subject to the provisions
of the Franchise and this Chapter, and make such other inspections
as it shall find necessary to ensure compliance with the terms of
the Franchise, this Chapter and other pertinent provisions of law.
g. At the expiration of the term for which the Franchise is
granted, or upon the termination and cancellation as provided
herein, to require the Franchisee to remove, within eighteen (18)
months, at its own expense, the Cable System from the Public
Ways within the City.
h. To require a Franchisee to pay the cost of newspaper
publication of a summary of this Chapter and any amendments
thereto in accordance with generally applicable codes.
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SECTION 22-36 — FRANCHISE AGREEMENT
(1) Every Franchisee shall enter into a Franchise Agreement with the City
which details the rights, duties, responsibilities and liabilities of both parties, and
which contains an acceptance on the part of the applicant or Franchisee to the
terms of this Chapter and the Franchise Agreement. Moreover, a new Franchisee
may not lay any cable until the Franchise Agreement is executed by both the new
Franchisee and the City.
(m) In addition to those matters required elsewhere in this Chapter to be
included in the Franchise Agreement, it must contain the following express
representations of the Franchisee that:
(1) It accepts and agrees to all the provisions of this Chapter as to
construction, technical standards, operation, and maintenance and rate
structures, if permitted by law, which the City may include in the
Franchise Agreement. In the case of a Franchise renewal, the Franchise
Agreement may include exceptions to this Chapter.
(2) It has examined all the provisions of this Chapter.
(3) It recognizes the right of the City to make reasonable amendments
to this Chapter, consistent with the City's police powers, during the term
of the Franchise upon thirty (30) days' notice to the Franchisee.
(4) It recognizes and agrees that it may be considered as a Franchisee
for the purposes of this Chapter.
(5) It expressly recognizes and agrees that it has considered all the
provisions of this Chapter in regard to resolution of disputes, and agrees to
be bound by same throughout the term of the Franchise.
(n) No Franchise shall be exclusive and no Franchisee shall, through the grant
of a Franchise, be given an unfair competitive advantage over other franchised
Cable Operators providing Cable Service in the City.
(o) Every Franchise Agreement shall specifically set forth the specific j
standards which the Franchisee must maintain in respect to signal quality
requirements and technical standards of construction, operation, and maintenance
of the System.
(p) The Franchise Agreement shall contain such further conditions or
provisions as may be included in the request for proposal and/or negotiated
between the City and the Franchisee. In the case of a conflict between any terms
or provisions of the Franchise Agreement and this Chapter, the words of the
Franchise shall be deemed to control.
(q) Any application filed for an initial Franchise shall become a part of the
Franchise Agreement and any representations, promises, commitments or
volunteered parameters and/or standards shall become binding upon the
Franchisee and its heirs and assigns.
SECTION 22-37 — OPERATIONAL STANDARDS
(r) State of the art; maintaining system to level of current technology. The
City may require a Franchisee, during the term of its Franchise, to construct,
maintain and operate a Cable System that is at a level that reflects the current
technology utilized within the industry. Consequently, the City may (upon the
recommendation of the Authority) request that a Franchisee's Franchise provide
for measures that require a Franchisee to construct, maintain and operate a Cable
System that conforms to the current technological standards of the industry.
(s) Construction standards and technical requirements.
(1) Methods of construction, installation, maintenance and repair of
any Cable System shall comply with the National Electrical Safety Code.
(2) It shall be the duty of a Franchisee to undertake a preventative
maintenance of the Cable System in order to ensure that there is no
material degradation of the Cable System that would affect the citizens'
93
health, safety or welfare, or negatively affect the quality of the Cable
Services being provided.
(3) All wires, conduits, cable, and other property and facilities of a
Franchisee shall be so located, constructed, installed and maintained so as
to not endanger or unnecessarily interfere with usual and customary use,
traffic, and travel upon the Streets, rights-of-way, Easements, and Public
Ways of the community.
(4) In the event a Franchisee's System creates a hazardous or unsafe
condition, or an unreasonable interference with public property, then, at its
own expense, the Franchisee shall, with a reasonable time, voluntarily, or
upon the written request of the City, correct or remove that part of the
System that creates the hazardous condition from the subject property.
(5) A Franchisee shall not place equipment where it will interfere with
the rights of private property owners or with gas, electric or telephone
fixtures, or with water hydrants or mains, or with wastewater lift stations,
or any other service or facility in the Public Ways that benefits the City's
or its residents' health, safety or welfare.
(6) Subject to reasonable prior written notice, it shall be the
responsibility of a Franchisee (acting alone or in conjunction with another
Person) to locate and mark or otherwise visibly indicate and alert others to
the location of underground cable (or its equivalent) and other utility lines
before employees, agents or independent contractors of a Franchisee
install cable in a marked -off area.
(7) A Franchisee shall, on the request of any Person holding a building
moving permit, temporarily remove, raise or lower the cable to allow the
moving of the building. The expense of temporary removal shall be borne
by the Person requesting it, and the Franchisee may require advance
payment. The Franchisee shall be given not less than ten (10) days'
advance written notice in order to facilitate the temporary cable changes.
(8) A Franchisee, at either its own expense, or that of a private
contractor, shall protect rights-of-way and Easements, and support or
temporarily disconnect, remove or relocate in the same Street or other
Public Way any property of the Franchisee when necessitated by reason
of. traffic conditions; public safety; a Street closing; Street construction or
resurfacing; change or establishment of Street grade; installation of
sewers, drains, water pipes, storm sewers, storm drains, lift stations, force
mains, power or traffic signal lines; or any improvement, construction or
repair related to the City's or its residents' health, safety, or welfare. If the
City requests the relocation, removal or reinstallation of Franchisee's
property in any of the Public Ways in the Franchise Area for the sole
purpose of installing or providing Cable Services in competition with
Franchisee, the cost of such relocation, removal or reinstallation shall not
be borne by Franchisee but by the City.
(9) Prior to a Franchisee's commencing to attach wire, cable (coaxial,
fiber or its functional equivalent) or other fixtures and appurtenances to
poles or towers located within the City, it shall execute license agreements
for pole attachments with the appropriate utility.
(10) The Franchisee shall not discriminate nor permit discrimination
m._ between or among any Persons in the availability of Cable Services
provided in connection with the Cable System in the Service Area. It shall
- ' be the right of all Persons to continuously receive all available Service
provided on the Cable System so long as such Person's financial or other
obligations to the Franchisee are satisfied. Moreover, the City states that
density, proximity and geography, and not economic status, should be the
primary factors used to determine whether a Franchisee should provide
Service to one (1) or more Persons within a part of a Franchisee's
Franchise Area.
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(11) A Franchisee shall create, maintain and provide to the City on an
annual basis, Cable System route maps. Complete and accurate System
maps, which shall include, but not be limited to, detail of trunks,
distribution lines, and nodes shall be available at Franchisee's office for
the City's review.
(12) A Franchisee shall construct, operate, maintain, repair, remove,
replace or restore the Cable System in strict compliance with all current
generally applicable codes adopted by the City. The codes referred to
specifically include, but are not limited to, construction, fire and safety
codes.
(13) A Franchisee shall obtain, at its expense, all permits and licenses
(including pole attachment agreements) required by law, rule, regulation
or local law, and maintain the same in full force and effect for as long as
required.
SECTION 22-38 — NUMBER OF CHANNELS
The precise Channel capacity that a Franchisee must maintain during the term of
the Franchise shall be detailed in the Franchise Agreement.
SECTION 22-39 — USE OF CHANNELS
(t) The City recognizes that pursuant to 47 U.S.C. § 531, the City has certain
authority with respect to certain aspects for Public, Educational or Governmental
Access Channel use.
(u) To the extent permitted by law, and in order to fulfill the City's desired
goal of achieving a EG Access Channel policy that will facilitate the long-range
needs of the City, the Board of Commissioners adopts the following:
(1) At the time of an initial application or proposal, and unless
otherwise provided in a Franchise Agreement or subsequent renewal
Franchise Agreement, a Franchisee shall pledge to include the following:
a. A Franchisee shall provide, at its own expense, one (1)
educational Access Channel that is available for providing non-
commercial, educational programming.
b. A Franchisee shall provide, at its own expense, one (1)
public Access Channel that is available for providing non-
commercial public access, senior citizen, and library programming.
C. A Franchisee shall provide, at its own expense, one (1)
governmental Access Channel that is available for providing
noncommercial governmental programming.
(2) If at any time eighty percent (80%) of the total time allocated for a
required EG Access Channel is consistently used eight (8) hours per day,
five (5) days a week for a period of three (3) consecutive months with
non -character generated, non -repetitive programming, then, upon one
hundred twenty (120) days written request, the Franchisee shall provide
one (1) additional EG Access Channel.
(3) All programming transmitted over EG Access Channels shall be
non-commercial in nature. Program material to be distributed on EG
Access Channels shall contain no advertising or commercial content for
which consideration is received by City. Franchisee and City agree that
City or the producer or distributor of such programming may include
acknowledgments for Persons which sponsor or underwrite access
programming in a manner substantially similar to the sponsorship
information provided on the Public Broadcasting System (PBS).
(v) Unless otherwise provided in a Franchise, a Franchisee shall provide:
(1) Both mobile, portable and stationary equipment to be used for
Access Channel programming, together with the aid of technical and
production assistance provided by the Franchisee;
(2) Equipment that can store programs for delayed cablecasting; and
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(3) Technical production assistance required for EG access use .that
may extend to, but not exceed, fifty (50) actual production man-hours per
year.
(w) Unless otherwise specified in a Franchise, the City shall develop a plan for
handling requests for use of EG Access Channels, facilities or programming.
Such a plan shall be nondiscriminatory in nature and should encourage joint or
cooperative efforts on the part of potential users. However, the City recognizes
that, while citizens enjoy considerable first amendment freedoms, these freedoms,
nonetheless, must be weighed against the legitimate health, safety and welfare
interests of all citizens in the Service Area. Consequently, when a request for
access time is made by a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization, the City may require
safeguards which minimize or lessen the possibility and probability that such
espoused viewpoints will damage the community fabric. The City may declare
the speech is culturally obscene in that it was or would be so morally devoid or
culturally offensive that it either dramatically reduced the overall value of other
services provided on the Cable System or posed a discernible risk of disrupting
the spiritual, political or racial fabric of the community. However, the safeguards
imposed may only be as much as is necessary to accomplish the City's objectives.
The safeguards include restricting such programming to non -prime -time hours
(before 7:00 p.m. and after midnight) and allowing the audio, but not video, of
such programming to be provided over the EG Access Channel. For purposes of
this Chapter, a culturally unpopular, politically controversial, or
racially/ethnically/religiously intolerant organization is one whose viewpoints or
displays have no redeeming social, historical or artistic value, and undermine the
community fabric.
SECTION 22-40 — PUBLIC SERVICE INSTALLATIONS
The Franchisee shall, without charge for installation, maintenance or Service,
make Standard Installations consisting of one (1) Drop and one (1) outlet at City Hall, the
Paducah Public Library, each fire and police station, and each public and private accredited K-12
school within the City located within two hundred fifty (250) feet of Franchisee's existing
distribution cable. Such installations shall be made at such reasonable locations as shall be
requested by the respective units of government or educational institutions and shall include one
Converter, without charge, per installation, if necessary. Any charge for relocation of such
installation shall, however, be charged at Franchisee's current rate for such work. Additional
installations at the same location shall be made by Franchisee at Franchisee's current rate for
such work. No monthly service charges shall be imposed for Basic Cable Service and expanded
Basic Cable Service (or the future equivalent) signals within such publicly owned buildings.
SECTION 22-42 — RIGHT OF CITY TO PURCHASE SYSTEM
(x) Purchase upon expiration of term. Subject to Section 626 of the CCPA
(47 U.S.C. § 546), other applicable law, and with the consent of Franchisee, upon
expiration of the term of the Franchise, the City, at its selection, and upon
payment to the Franchisee of a price equal to the fair market value of the System
as a going concern, including physical assets and intangibles, including good will,
in accordance with the accepted and usual industry practices (except the valuation
of the Franchise privilege itself), shall be given the opportunity to purchase the
System.
(y) Purchase upon default. Upon lawful termination of the Franchise rights as
provided for by this section or by law occasioned by the substantial breach of
provisions of the Franchise Agreement or this Chapter and with the consent of
Franchisee, the City, at its selection and upon payment to the Franchisee of a price
equal to the fair market value of the System as a going concern, including
physical assets and intangibles, including good will, in accordance with accepted
and usual industry practices (except that the valuation shall not include any
valuation of the Franchise privilege itself), shall be given the opportunity to
purchase the System. In the case of the City's purchase of the System and the
circumstances, the Franchise shall transfer to the City possession and title to all
facilities and property, real and personal, of the Cable System business, free from
any and all liens and encumbrances. This provision, however, may be waived by
the City at its option, in whole or in part.
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SECTION 22-42 — TRANSACTIONS AFFECTING OWNERSHIP OR
CONTROL OF FRANCHISE FACILITIES
(z) To protect the interest of the City under any Franchise granted pursuant to
this Chapter, the Franchisee shall not transfer, transfer control, or otherwise assign
the Cable System or Franchise to a third party without adherence to the provisions
of subsections (1) and (2) below:
(1) Without the express approval of the Board of Commissioners,
which shall not be unreasonably withheld; and
(2) Without a written assent filed with the Board of Commissioners
binding upon the Person in whom any right, power, privilege, duty, title,
interest, claim or demand in or to the Franchise or the System is created or
vested, to the effect that such right, power, privilege, duty, title, interest,
claim or demand is and shall be held and exercised subject to all the terms
and provisions of the Franchise, including this Chapter. The Board of
Commissioners may require such written assent to be contained in any
instrument or document creating or vesting such right, power, privilege,
duty, title, interest, claim or demand. Provided, however, that this
subsection (a)(2) shall not apply to the disposition of worn-out or obsolete
facilities or personal property in the normal course of carrying out the
Cable System business.
(aa) Prior approval of the Board of Commissioners shall be required for any
sale, transfer, exchange or assignment of stock in Franchisee, or Franchisee's
parent corporation or any other entity having a controlling interest in Franchisee,
so as to create a new controlling interest therein, shall be subject to the
requirements of this Section 22-42. The term "controlling interest" as used herein
is not limited to majority stock ownership, but includes actual working control in
whatever manner exercised.
(bb) No Franchise may be transferred unless such transfer is approved by the
Board of Commissioners, by ordinance, after public hearing, such approval not to
be unreasonably withheld. No such approval shall be required, however, for (i) a
transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title,
or interest of the Franchisee in a Franchise or the Cable System in order to secure
indebtedness, or (ii) an internal transfer to an entity directly or indirectly owned or
controlled by the parent corporation of Franchisee. The City shall process all
requests in accordance with applicable FCC regulations and other applicable laws.
(cc) By its acceptance of a Franchise, the Franchisee specifically concedes and
agrees that any acquisitions or transfers set forth in subsections (b) and (c) above,
without prior approval of the Board as may be required, shall constitute a
violation of the Franchise and this Chapter by the Franchisee.
SECTION 22-43 — RECEIVERSHIP; FORECLOSURE
(dd) Any Franchise shall, at the option of the Board of Commissioners, cease
and terminate one hundred twenty (120) days after the appointment of a receiver
or receivers or trustee or trustees to take over and conduct the business of the
Franchisee, whether in a receivership, reorganization, bankruptcy or other action
or proceeding, unless such receivership or trustee shall have been vacated prior to
the expiration of the one hundred twenty (120) days or unless:
(1) The receivers or trustees shall have, within one hundred twenty
(120) days after their election or appointment, fully complied with all the
terms and provisions of this Chapter and the Franchise, and the receivers
or trustees within the one hundred twenty (120) days shall have remedied
all defaults, if any, under the Franchise; and
(2) The receivers or trustees shall, within the one hundred twenty
(120) days, execute an agreement duly approved by the court having
jurisdiction in the premises whereby the receivers or trustees assume and
agree to be bound by each and every term, provision and limitation of a
Franchise.
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(ee) In the case of a foreclosure or other judicial sale of the plant, property, and
equipment of the Franchise, or any part thereof, including or excluding the
Franchise, the Board of Commissioners or its designee may serve notice of
termination upon the Franchisee and the successful bidder at such sale, in which
event the Franchise and all rights and privileges of Franchisee hereunder shall
cease and terminate thirty (30) days after service of such notice, unless:
(1) The Board of Commissioners shall have approved the transfer of
the Franchise as and in the manner in this Chapter provided; and
(2) Unless the successful bidder shall have covenanted and agreed
with the City to assume and be bound by all the terms and conditions of
the Franchise.
SECTION 22-44 — CITY'S RIGHT OF INTERVENTION; RESOLUTION OF
DISPUTES
(ff) City's right of intervention. The Franchisee shall not oppose intervention
by the City, at the City's expense, in any suit or proceeding to which the
Franchisee is a party.
(gg) Resolution of disputes.
(1) Intent. It is the intent of the City to provide for the orderly
resolution of any controversy or dispute between the Franchisee and the
City arising out of the enforcement or interpretation of any provision of
this Chapter, the Franchise Agreement, or any rule, regulation or
procedure relating to cable communication matters. Unless otherwise
provided for in a Franchise Agreement, negotiation between the parties
and fact finding shall be the means of resolving the great majority of such
controversies or disputes. Neither fact finding nor mediation, however,
shall be the first resort of the parties, but shall be undertaken only after a
reasonable time has been taken to reach agreement by negotiation between
the parties.
(2) Fact finding. Any material controversy or dispute, upon the
election of both the City and the Franchisee, may be submitted to an
expert individual acceptable to both parties for an investigation of the facts
and a report thereof. Such fact finding shall be for the purpose of
developing better information for the use of both parties and shall not be
binding on either party. All reasonable fees and other expenses resulting
from such fact finding shall be equally borne by both the City and the
Franchisee.
(3) Mediation. Any material controversy or dispute, upon the election
of either the City or the Franchisee, may be submitted to an expert
individual acceptable to both the Franchisee and the City for the purpose
of facilitating discussion and receiving new perspectives on the issues and
new proposals for compromise. Such mediation shall not be binding on
either party. All reasonable fees or expenses resulting from such
mediation shall be equally borne by both the City and the Franchisee.
(4) Fees and expenses. The reasonable fees of single experts as
provided for above shall be jointly borne by the Franchisee and the City.
In no event shall the City be obligated for more than one-half of the
expenses.
.� SECTION 22-45 — SUBMISSION OF REPORTS AND DATA
(hh) Filings and communications with regulatory agencies. At any time the
FCC or another federal or state agency requires or requests the submission of
reports, data or other information by a Franchisee, then such Franchisee shall,
upon reasonable written request, submit those reports, data or other information to
the City. However, unless specifically authorized by state or federal statute, a
Franchisee shall not be required to submit state or federal tax returns.
(ii) Reports. Each Franchisee shall, subject to applicable law, make available
customer and service records relating to its System and all other records required
to be kept hereunder, and shall, at all times, maintain complete and accurate books
745572vdoc 14
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of account, records of its business and operation, and all other records required by
this Chapter or the Franchise for a period of time no longer than required by
applicable state and federal law. Unless otherwise provided for in a Franchise
Agreement, each Franchisee shall file annually with the Authority an ownership
record indicating all Persons who in the preceding year did control or benefit from
an interest in the Franchisee of five percent (5%) or more. Each Franchisee shall
also file annually with the Authority copies of all rules, regulations, terms and
conditions which it has adopted for the conduct of its business.
SECTION 22-46 — INSURANCE: BONDS; INDEMNIFICATION
6j) Liability and indemnification of City. The Franchisee shall indemnify and s
hold harmless the City at all times during the term of the Franchise and
specifically agree that it will pay all damages and penalties which the City may be
legally required to pay as a result of the Franchisee's actions or omissions. Such
damages and penalty shall include, but not be limited to, damages arising out of
copyright infringements, and other damages arising out of the installation,
operation or maintenance or the Cable System authorized herein, whether or not
any act or omission complained of is authorized, allowed or prohibited by the
Franchise. In the case suit shall be filed against the City, either independently or
jointly with the Franchisee, to recover for any claim or damages, the Franchisee,
upon notice to it by the City, shall defend the City against the action and, in the
event of a final judgment being obtained against the City, either independently or
jointly with the Franchisee, solely by reason of the acts of the Franchisee, the
Franchisee will pay the judgment and all costs and hold the City harmless
therefrom.
(kk) Performance bond. Upon the effective date of the Franchise Agreement
requiring System construction, the Franchisee shall furnish proof of the posting of
a faithful performance bond running to the City, with good and sufficient surety
approved by the City, in the initial sum of Two Hundred Fifty Thousand and
No/100 Dollars ($250,000.00). Upon completion of any System
construction/upgrade the bond shall be reduced to Twenty-five Thousand and
No/100 Dollars ($25,000.00). The bond shall be conditioned that the Franchisee
shall well and truly observe, fulfill and perform each and every term and
condition of this Chapter and the Franchise Agreement, and that, in the case of
any breach of condition of the bond, the amount thereof shall be recoverable from
the principal and the surety, jointly and severally, thereof by the City for all
damages resulting from the failure of the Franchisee to well and truly observe and
perform any provisions of this Chapter or the Franchise Agreement. The
aforesaid bond shall be maintained by the Franchisee throughout the term of the
Franchise and written evidence of the payment of the required payments shall be
filed and maintained both with the office of the City Manager and the Authority.
(11) Insurance.
(1) The Franchisee shall be required to maintain insurance in such
forms and in such companies as shall be approved by the City, such
approval not to be unreasonably withheld, to protect the City and the
Franchisee from and against any and all claims, injury or damage to
persons or property, both real and personal, caused by the construction,
erection, operation or maintenance of any aspect of the system. The
amount of such insurance shall not be less than the following:
a. General liability insurance:
1. Bodily injury per Person: $3,000,000.00.
2. Bodily injury per occurrence: $5,000,000.00.
3. Property damage per occurrence: $1,000,000.00.
4. Property damage aggregate: $1,000,000.00.
b. Automobile insurance:
1. Bodily injury per Person: $1,000,000.00.
2. Bodily injury per occurrence: $3,000,000.00.
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3. Property damage per occurrence: $1,000,000.00.
(2) Workmen's compensation insurance shall also be provided as
required by the laws of the Commonwealth of Kentucky. All said
insurance shall name the City as an additional insured and shall provide a
ten (10) day notice to the City Clerk in the event of material alteration or
cancellation of any coverage afforded in the policies prior to the date the
material alteration or cancellation shall become effective. Copies of all
policies required hereunder shall be furnished to and filed with the City
Clerk and the Authority prior to the commencement of operations or the
expiration of prior policies, as the case may be.
(mm) Nonwaiver. Neither the provisions of this section nor any bonds accepted
by the City pursuant hereto, nor any damage recovered by the City hereunder,
shall be construed to excuse unfaithful performance by the Franchisee or limit the
liability of the Franchisee under this Chapter or the Franchise for damages either
to the full amount of the bond or otherwise.
SECTION 22-47-22-70 RESERVED
ARTICLE III. RATES AND CHARGES
SECTION 22-71– RATES, CHARGES AND REFUNDS
A. Rates subject to local regulation. City may regulate rates for the provision
of Cable Service, equipment, or any other communications service provided over
the System in accordance with applicable federal law, in particular 47 C.F.R. Part
76 subpart N. In the event the City chooses to regulate rates it shall, in
accordance with 47 C.F.R. § 76.910, obtain certification from the FCC, if
applicable. The City shall follow all applicable FCC rate regulations and shall
ensure that appropriate personnel are in place to administer such regulations. City
reserves the right to regulate rates for any future Services to the extent permitted
by law.
B. Rate changes; discrimination. In accordance with applicable law:
(1) Access to Cable Service shall not be denied to any group of
potential residential Subscribers because of the income of the residents of
the local area in which such group resides. However, nothing herein shall
prohibit a Franchisee from denying Service based on location of a
residence if that residence is outside either the defined Service Area or line
extension criteria specified in a Franchise.
(2) Equal opportunity in employment shall be afforded by a
Franchisee to all qualified Persons and no Person shall be discriminated
against in employment by a Franchisee because of race, color, religion,
national origin, age or sex.
(3) A Franchisee shall not, as to rates and charges or use of a
Franchisee's facilities or equipment, allow or grant any undue preference
or advantage on the basis of race, color, religion, national origin, age, sex
or location of residence. Nothing herein shall prohibit a Franchisee from
offering a promotional or incentive discount rate or charge or from
offering customized bulk billing arrangements.
SECTION 22-72 – FRANCHISE FEES
(a) The City hereby reserves any and all rights it may have to impose a
Franchise Fee to the maximum extent permitted under applicable law.
(b) A Franchisee shall at all times comply with applicable state law regarding
the payment of fees, costs and other consideration by virtue of
Franchisee's provision of Cable Service in the City. Nothing herein shall
in any way diminish a Franchisee's right to pass-through such Franchise
Fee to its Subscribers to the extent permissible under applicable law.
(c) If the FCC, Congress or .other governmental entity with authority over
cable ever allows the City to assess a Franchise Fee, then the City shall
have the right to assess a Franchise Fee upon one hundred twenty (120)
days advance notice to Franchisee to the maximum rate allowable.
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(d) If at any time the highest court of the nation, or the highest court of the
state, or any court with jurisdiction over Franchise Fees, invalidates, voids
or rules as unconstitutional the concept of Franchise Fees, then the City
reserves all rights it may have to impose an Alternative User Charge on
the Franchisee to the maximum extent permitted by law.
SECTION 22-73-22-90 RESERVED
ARTICLE IV. CUSTOMER PROTECTION AND SERVICE STANDARDS
SECTION 22-91– NOTICE OF RIGHTS AND RESPONSIBILITIES
(a) General policy.
(1) The City recognizes that it is critical that a customer fully
understands and realizes the rights and responsibilities of both the
customer and Franchisee with respect to the provisions, maintenance and
repair of Cable Service.
(2) Further, the City believes that, if sufficient information is provided
to a customer on certain customer service practices, such as rates, billing
periods, and number and types of service provided, then that customer will
have the information necessary to make an informed decision on what, if
any, Cable Services to subscribe to and receive.
(3) In order to provide customers with the variety of information
needed to make an informed decision, and to ensure that customers are
notified of their and the Franchisee's rights and responsibilities with
respect to the Cable System, a Franchisee must provide a customer with a
written notice of a customer's and Franchisee's rights and responsibilities
with respect to the provision of Cable Service.
(b) Notifications to Subscribers. Franchisee shall provide written information
on each of the following areas at the time of installation of Cable Service, at least
annually to all Subscribers, and at any time upon request:
(1) Products and Services offered;
(2) Prices and options for programming Services and conditions of
subscription to programming and other Services;
(3) Installation and Service maintenance policies;
(4) Instructions on how to use the Cable Service;
(5) Channel positions of the programming carried on the System; and
(6) Billing and complaint procedures, including the address and
telephone number of the City.
(c) Subscribers will be notified of any changes in rates, programming services
or Channel positions as soon as possible in writing. Notice must be given to
Subscribers a minimum of thirty (30) days in advance of such changes if the
changes are within the control of the Franchisee. In addition, the Franchisee shall
notify Subscribers thirty (30) days in advance of any significant changes in the
other information required by this Section 22-91. Franchisee shall not be required
to provide prior notice of any rate changes as a result of a regulatory fee,
Franchise Fee, or other fees, tax, assessment or charge of any kind imposed by
any federal agency, state or City on the transaction between the operator and the
Subscriber.
(d) All programming decisions remain the discretion of Franchisee in
accordance with the Franchise, provided that Franchisee notifies City and
Subscribers in writing thirty (30) days prior to any Channel additions, deletions,
or realignments directed to each Subscriber individually by any reasonable means
available to and at the discretion of the Franchisee consistent with applicable law,
and further subject to Franchisee's signal carriage obligations hereunder and
pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant to
47 U.S.C. § 545.
SECTION 22-92 – CUSTOMER SERVICE OFFICE AND TELEPHONES
17
ID
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(e) Unless otherwise provided for in a Franchise Agreement, Franchisee shall
maintain a convenient local customer service and bill payment location in the City
for receiving Subscriber payments, handling billing questions, equipment
replacement and customer service information. The Franchisee shall comply with
the standards and requirements for customer service set forth below and shall
comply with all applicable regulations relating to customer service obligations,
including any amendments to 47 C.F.R. § 76.309 during the term of the
Franchise, that impose higher or additional customer service standards on a Cable
Operator.
(f) Cable System office hours and telephone availability:
(1) Franchisee will maintain a local, toll-free or collect call telephone
access line which will be available to its Subscribers twenty-four (24)
hours a day, seven (7) days a week.
a. Trained Franchisee representatives will be available to
respond to customer telephone inquiries during Normal Business
Hours.
b. After Normal Business Hours, the access line may be
answered by a service or an automated response system, including
an answering machine. Inquiries received after Normal Business
Hours must be responded to by a trained Franchisee representative
on the next business day.
(2) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less then ninety percent (90%) of the time under Normal
Operating Conditions, measured on a quarterly basis.
(3) Franchisee shall not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards
above unless an historical record of complaints indicates a clear failure to
comply.
(4) Under Normal Operating Conditions, the customer will receive a
busy signal less than three percent (3%) of the time.
(5) Customer service center and bill payment locations will be open at
least during Normal Business Hours.
(g) Installations, Outages and Service Calls. Under Normal Operating
Conditions, each of the following standards will be met no less than ninety-five
percent (95%) of the time measured on a quarterly basis:
(1) Standard Installations will be performed within seven (7) business
days after an order has been placed. "Standard" Installations are those that
are located up to one hundred twenty-five (125) feet from the existing
distribution cable.
(2) Excluding conditions beyond the control of Franchisee, Franchisee
will begin working on "Service Interruptions" promptly and in no event
later than twenty-four (24) hours after the interruption becomes known.
Franchisee must begin actions to correct other Service problems the next
business day after notification of the Service problem. Franchisee shall
resolve all Service Interruptions within forty-eight (48) hours under
Normal Operating Conditions.
(3) The "appointment window" alternatives for Standard Installations,
Service calls, and other installation activities will be either a specific time
or, at maximum, a four (4) hour time block during Normal Business
Hours. (Franchisee may schedule Service calls and other installation
activities outside of Normal Business Hours for the express convenience
of the customer.)
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(4) Franchisee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
(5) If Franchisee's representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,
the customer will be contacted prior to the time of the scheduled
appointment. The appointment will be rescheduled, as necessary, at a time
which is convenient for the customer.
(6) Under Normal Operating Conditions, if Franchisee cannot perform
installations within the times specified in applicable customer standards,
the Subscriber shall, upon request, receive a credit equal to the charge for
a Standard Installation. For any installation that is not a free installation or
a Standard Installation, Franchisee shall provide the Subscriber with a
written estimate of all charges within seven (7) days of a request by the
Subscriber. Failure to comply will subject Franchisee to appropriate
enforcement actions. This section does not apply to the introduction of
new products and services when Franchisee is utilizing a phased
introduction.
SECTION 22-93 — SPECIAL REQUIREMENTS FOR THE DISABLED
(h) In addition to any other requirements mandated by this Chapter, or by
federal or Commonwealth law, a Franchisee shall comply with the following
special service requirements for blind, hearing-impaired or wheelchair customers:
(1) Provide wheelchair accessibility to a Franchisee's customer service
office.
(2) For any customer declared legally blind by the Commonwealth, a
Franchisee must provide at a non-discriminatory cost, if requested by the
customer, large -type, Braille, voice -synthesized or functionally equivalent
notices, bills and other pertinent information.
(3) Provide, upon request, either: 1) assistance with identifying a
consumer electronics source; or 2) at a reasonable, non-discriminatory
cost, a device sufficient to enable closed -captioning services for a hearing-
impaired Subscriber.
(4) Provide, at a nondiscriminatory cost, a remote -control device
and/or Converter for wheelchair Subscribers or Subscribers with a
permanent medical or physical ambulatory impairment.
(5) Where applicable, provide modified or special instructions for use
of equipment by Subscribers who have physical impairments.
SECTION 22-94 - RESERVED
SECTION 22-95 — RESTORATION OF SUBSCRIBERS' PROPERTY
(i) At any time a Franchisee disturbs the yard, residence, or other real or
personal property of a Subscriber, the Franchisee shall ensure that the
Subscriber's yard, residence, or other real or personal property is returned,
replaced and/or restored to a condition that is comparable to its condition
immediately before the disturbance to the extent such corrective action cannot be
accomplished. The Franchisee shall reimburse a Subscriber, or private property
owner, for any damage caused by the Franchisee, subcontractor or independent
contractor in connection with the disturbance of a Subscriber's or private property
owner's property.
0) The types of acts specifically included in this section are the following:
(1) Removal of a Subscriber's sod, lawn, plants, shrubbery, flowers,
trees, driveway or fence to install a trench or repair, replace, remove or
locate cable or other equipment of the Franchisee.
(2) Installation or removal of a cable or other equipment of the
operator within a Subscriber's residence, or around a Subscriber's
swimming pool or tennis court, or which requires drilling, excavating,
plastering or the like on the part of the Franchisee.
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(3) Temporarily relocating or moving a piece of personal property of a
Subscriber (such as a motor vehicle, fence, garden hose or the like) in
order to perform some sort of construction or maintenance on the Cable
System.
(4) Permanently removing a Franchisee's cable or equipment due to
either the revocation, termination or nonrenewal of a Franchise or the
abandonment, withdrawal or cessation of Cable Service to any portion of
the City.
(k) The requirements for the Franchisee extend to any contractor that the
i' Franchisee might employ to perform the tasks outlined.
(1) In light of the foregoing, a Franchisee has the authority to trim trees of a
private property owner (including a Subscriber) only to the extent necessary to
prevent the branches of the tree from coming in contact with the Franchisee's
wires and cables.
SECTION 22-96 — EMERGENCY ALERT AND AVAILABILITY OF PARTS
AND PERSONNEL
(m) Emergency alert; standby power.
(1) In order that Subscribers may be alerted in the event of an
impending, imminent or actual natural, manmade or disaster emergency,
the Franchisee shall ensure that the Cable System providing Cable Service
to all or part of the City is designed so as to permit an authorized official
to override the audio portion of all Channels and simultaneously and
without a separate or additional effort activate a Channel -blanking
function on all Channels by touch-tone phone (or functional equivalent).
(2) In addition to any other requirements listed in this Chapter, a
Franchisee shall cooperate with the City on the use and operation of the
emergency alert override system.
(3) As one method of providing continuity of services in the event of a
,. natural, manmade or disaster emergency, a Franchisee shall, unless
exempted by the City, maintain equipment capable of providing automatic
standby power for a minimum of two (2) hours, strategically placed in
locations along the Cable System trunkline in order to minimize the
number of Subscribers affected by interruption of Service.
(n) Availability of parts and personnel.
(1) Except in times of natural, manmade or disaster emergency, a
Franchisee shall make a reasonable effort at all times to keep and maintain
a sufficient and adequate inventory of maintenance and repair parts and
equipment for the Cable System, so that the Franchisee can respond to,
and correct, all Subscriber interruptions within the specified time periods.
(2) Except in times of natural, manmade, or disaster emergency or
strike (whose duration has been more than seventy-two (72) hours), a
Franchisee shall make a reasonable effort to have sufficient maintenance
and repair personnel so that the Franchisee can respond to, and correct, all
Subscriber Service Interruptions within the specified time periods.
SECTION 22-97 — BILLING CREDIT: DISCONNECTION FOR
NONPAYMENT OF CHARGES
(o) Billing practices.
(1) Bills must be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills will also clearly
delineate all activity during the billing period, including optional charges,
rebates and credits.
(2) In case of a billing dispute, the Franchisee must respond to a
written complaint from a Subscriber within thirty (30) days.
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(3) At all times Franchisee's billing practices shall comply with 47
C.F.R § 76.1619.
(p) Billing credit. A Franchisee shall provide a Subscriber, upon request, with
credit for a Service outage exceeding twenty-four (24) hours and for substandard
signal, picture or sound quality exceeding twenty-four (24) hours.
(q) Disconnection for nonpayment. A Subscriber shall not be considered
disconnect for non-payment until at least forty-five (45) days after the posting of
the bill to the Subscriber and payment has not been received by the Franchisee.
SECTION 22-98 — VOLUNTARY DISCONNECTION
(r) At any time, a Subscriber may request that a particular service tier, service it
cluster, Pay Television, premium Channel, informational service or the entire
Cable Service be discontinued.
(s) From the date that such a Subscriber makes such a request, the Franchisee
shall have up to five (5) business days to disconnect the service tier, service
cluster, Pay Television, premium Channel, informational service or entire Cable
Service. In the event that a Franchisee does not disconnect Service within five (5)
business days, a Subscriber's obligation to pay for such Service shall cease.
(t) For a service tier, service cluster, premium Channel or informational
service which is voluntarily disconnected, a Subscriber shall pay a pro rata share
of the monthly rate for such Service or Channel.
(u) Notwithstanding the above provisions, and in order to reduce Subscriber
abuse of this voluntary disconnection policy, a Subscriber shall be charged a
minimum of one (1) month's full rate for any one (1) service (basic, premium,
informational, cluster or tier) which is disconnected at least three (3) times in a
span of one hundred eighty (180) days.
(v) Unless damage has occurred or Franchisee's equipment has not been
returned, no excessive, unreasonable or punitive fee may be passed on to a
Subscriber for the actual disconnection of a Channel or Service if the
disconnection involves a single residence with fewer than five (5) outlets.
(w) Any refund due a Subscriber after disconnection (both for nonpayment
and voluntary) shall be made within sixty (60) days after such disconnection.
SECTION 22-99 — PROTECTION OF SUBSCRIBER PRIVACY
(x) Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the
purpose of verifying System integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the provision set forth
above.
(y) The Franchisee shall, at all times, comply with all applicable federal and
state privacy law including Section 631 of the Cable Act and any regulations
adopted pursuant thereto. The City shall have the right to enforce Franchisee's
compliance with said privacy law to the maximum extent permitted under
applicable laws.
SECTION 22-100 — SUBSTANDARD PICTURE QUALITY
(z) The City recognizes that a cable Subscriber is a consumer. As such, there
is no more important factor for the cable Subscriber in terms of enjoying the
provision of video or Other Programming Services offered by a Franchisee than
the provision of good and acceptable picture and sound quality.
(aa) The City declares as one of its primary objectives to preserve, protect, and
promote that all cable Subscribers within the City receive good and acceptable
picture and sound quality.
(bb) At a minimum, the Franchisee must meet all FCC standards that relate to
the reception of broadcast signals. Moreover, the Franchisee must provide sound
and picture quality that does not suffer from constant and/or recurring degradation
or requires frequent (more than ten (10) times in one (1) year) adjusting or
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servicing by a Franchisee customer service technician or a Franchisee field
service technician.
(cc) To prevent possible abuse, a Subscriber shall pay for all administrative
and Franchisee costs associated with examining substandard picture and sound
quality if it is administratively determined that the Subscriber's claim is
unwarranted and without foundation.
(dd) The City reserves the right to develop and adopt comprehensive
regulations on the technical aspects of signal quality should the FCC permit such.
h
SECTION 22-101 —USE AND RETURN OF EQUIPMENT, SECURITY
DEPOSITS
(ee) If needed for proper operation or requested by a customer, a Franchisee
shall provide to a customer handwritten or typed instructions on the proper use of
the rented, loaned, leased or purchased equipment. A Franchisee may comply
with this section (except in the case of sight- or hearing-impaired customers) by
delivering the manufacturer's instructions to a customer.
(ff) A Franchisee is not required to seek a security deposit from a customer for
the use or rental of a Franchisee's equipment.
(gg) When a security deposit is required from a customer by a Franchisee, the
customer shall first receive a written statement from the Franchisee
acknowledging that the equipment is in working order.
SECTION 22-102 CONTINUITY OF SERVICE
(hh) The City declares that, as part of its right to establish cable customer
service guidelines, it has the duty to ensure continuity of Cable Service for all
Subscribers. In that light, the City also determines that it may take appropriate
measures in order to ensure that no portion of the City is threatened or faced with
a disruption, interruption or discontinuance of Cable Service due to the actions of
any Franchisee.
(ii) In addition to the above principles and ideals, the City also expresses that
its policy covers the following:
(1) Providing for continuity of Cable Service in the event of
acquisition by the City;
(2) Providing for continuity of Cable Service in the event of a
proposed abandonment, withdrawal or cessation of Cable Service by a
Franchisee;
(3) Providing for continuity of Cable Service in the event of the lawful
revocation, termination or nonrenewal of a cable Franchise;
(4) Providing for continuity of Cable Service in the event of a
transaction that affects the ownership of control of the Cable Operator or
Franchisee;
(5) Providing for continuity of Cable Service in the event of an
expiration of a Franchise; and
(6) Preventing disruption of Cable Service which would provide a
hardship on those Subscribers who rely on Cable Service as their primary
or secondary source for information.
0j) Whenever any situation occurs (including those mentioned above) which
threatens the City and Subscribers with loss or interruption in the continuity of
Cable Service, then the City may direct the Franchisee and/or Cable Operator to
do everything in its power to ensure that all Subscribers receive continuous,
uninterrupted Cable Service.
(kk) During any interim period, the City shall work with the Franchisee in
order to secure a new Cable System owner or rectify the problem, so that threat of
loss of continuity is removed at the earliest possible time.
(11) During any interim period in which the Franchisee continues to provide
Cable Service to Subscribers, the Franchisee is entitled to all revenues collected,
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except for any sums owed (including Franchise Fees, Alternative User Charges
and taxes) to the City or other Persons.
SECTION 22-103 - RESOLUTION OF COMPLAINTS
(mm) A Franchisee is required to develop a comprehensive complaint/inquiry
resolution policy that is consistent with the policies outlined in these customer
service practices.
(nn) A Franchisee's resolution policy shall be reduced to writing and such
policy shall be available upon request to any Subscriber.
SECTION 22-104 – DATE OF COMPLIANCE i
(oo) Unless relief is granted by the City, or unless otherwise provided for in a
Franchise Agreement, the Franchisee operating under a renewed Franchise shall
have either one (1) year from the date that this Chapter becomes effective or nine
(9) months from the date that a Franchise Agreement (initial or renewal) becomes
effective.
(pp) All new Franchisees shall be required to comply from the date of
execution of the Franchise Agreement.
SECTION 22-105-22-130 - RESERVED
ARTICLE V. ADMINISTRATION AND ENFORCEMENT
SECTION 22-131 – COMPLIANCE REQUIRED
The Franchisee shall not be relieved of its obligation to comply promptly with any
of the provisions of the Franchise by any failure of the City to enforce prompt compliance.
SECTION 22-132 – PADUCAH CABLE COMMUNICATIONS AUTHORITY
(a) Before any Franchise is granted there shall be adopted an authority to be
known as the "Paducah Cable Communications Authority."
(b) The Authority shall consist of five (5) members, of which not less than
three (3) shall be residents of the City, and all members shall be appointed by the
Mayor and approved by the Board of Commissioners. Each member shall serve a
term of four (4) years; provided, however, that appointments to the first Authority
shall be for one (1), two (2), three (3), four (4) and five (5) year terms
respectively. Any vacancy in the office shall be filled by appointment of the
Mayor and approval of the Board for the remainder of the term. No employee or
Person with any ownership interest in any cable television Franchise granted
pursuant to this Chapter shall be eligible for membership on the Authority. The
City Manager, or his authorized representatives, may serve as an ex officio,
nonvoting member of the Authority. The Authority shall annually select from
among its number a chairperson who shall preside over the meetings.
(c) The Authority, in addition to functions provided elsewhere in this Chapter,
shall have the following functions and powers, the expenses of which are to be
paid for as far as possible from the revenue obtained under Section 22-72:
(1) Advise the Board on applications for Franchises.
(2) Advise the Board on matters which might constitute grounds for
revocation of the Franchise in accordance with this Chapter or the
Franchise Agreement.
(3) Resolve disagreements among Franchisee(s) and public and private
users of the Cable System to the extent possible.
(4) Facilitate government, education, community groups and
individual use of the Access Channels.
(5) Determine general policies relating to the services provided
Subscribers in the operation and use of the Access Channels, with the
view of maximizing the diversity of programs and services to the
Subscribers. The use of Access Channels shall be allocated on a first-
come, first -serve basis subject to limitations on monopolization of Cable
System time, or prime times.
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(6) Encourage use of Access Channels along the widest range of
institutions, groups or individuals within the City.
(7) Submit an annual report to the Board, including, but not limited to,
the total number of hours of utilization of Access Channels. The annual
report shall also include relevant information concerning education uses,
public access for local programming under public control, and local
government access.
(8) Maintain a knowledge of current developments in cable
communications by subscribing to trade publications and attending cable
communication seminars and meetings.
(9) Submit a budget request to the City Manager to cover expenses
incurred in the performance of functions provided by this Chapter over
and above moneys received by it from Section 22-72. This request may
include funds to be used for the development of the use of Access
Channels, including production grants to users and the purchase and
maintenance of equipment not required to be provided by the Franchisee,
and funds to be used as per -diem expenses and such salaries for the
members as may be permitted and prescribed from time to time by
separate ordinance.
(10) Audit all Franchise records required by this Chapter.
(11) Conduct a detailed evaluation of the Cable System at least every
three (3) years and make recommendations to the Board for amendments
to this Chapter.
(12) Employ, as necessary, services of a technical, accounting, legal
and administrative nature.
(13) Act on behalf or as the designee of the Board for purposes of
proposing regulations and arbitration procedures as deemed necessary by
the Board and/or to provide any other service to the Board that may be
reasonably required by the Board under the authority of this Chapter.
(14) In conjunction with the Franchisee the Authority shall develop and
publish, within six (6) months of the date of award of the initial Franchise
hereunder, and amend as necessary from time to time, a cable
communications system rules and procedures manual to define the
Authority's functions and responsibilities, and to adopt rules and
procedures in relation thereto. Prior to the publication of the manual, and
upon any significant amendments thereto, the Authority shall submit the
same to the Board for final approval.
(15) In conjunction with the renewal of Franchises, as provided for
under state or federal law, the Authority shall develop procedures for the
implementation of a renewal procedure of the cable Franchise. The
Authority shall, without being limited to, perform the following:
a. Begin a public proceeding to review the Franchisee's
current and past performances and to identify future cable -related
community needs and interests.
b. Give public notice and recommend to the Board the
renewal of the Franchise or recommend to the Board a preliminary
denial of the Franchise renewal.
C. If the Authority wishes, or at the request of the Franchisee,
the Authority shall give public notice and begin administrative
proceedings which give all parties an opportunity to introduce
evidence, produce witnesses and otherwise participate in a public
hearing. The Authority shall have a transcript made of the hearing.
d. If a public hearing is held as set forth above, make a
recommendation to the Board on whether:
1. The Franchisee has substantially complied with the
material terms of the Franchise under applicable law.
745572vdoe 24
2. Whether the Cable Service has been reasonable in
light of community needs.
3. Whether the Franchisee has the financial, legal and
technical ability to provide services, facilities and
equipment in its proposal.
4. Whether the proposal is reasonable to meet the
future cable -related needs and interests.
SECTION 3. If any section, paragraph or provision of this ordinance shall be
found to be in operative, ineffective or invalid for any cause, the deficiency or invalidity of such
section, paragraph or provision shall not affect any other section, paragraph or provision hereof,
it being the purpose and intent of this ordinance to make each and every section, paragraph and
provision hereof separable from all other sections, paragraphs and provisions.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, September 26, 2006
Adopted with Amendments by the Board of Commissioners, October 10, 2006
Recorded by Tammara S. Brock, City Clerk, October 10, 2006
Published by The Paducah Sun, October 17, 2006
Ord\22-Cable
J
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