Ord. No. 13-95-1586NO.
13 -95 -1586
2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
3
OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING
4
CHAPTER 8 OF THE CODE OF ORDINANCES, TO BE
5
ENTITLED CABLE TELEVISION REGULATIONS;
6
DECLARING INTENT AND PURPOSE; PROVIDING FOR
7
DEFINITIONS, LICENSE REQUIREMENTS AND PROVI-
8
SIONS, APPLICATION FEE, NOTICE AND HEARING,
9
TERM OF LICENSE, SERVICE AREAS, LICENSE
10
RENEWAL AND TRANSFER, AUTHORITY OF CITY
11
MANAGER, LIABILITY, INDEMNIFICATION, INSUR-
12
ANCE, BONDS, CABLE SYSTEM CONSTRUCTION
13
REQUIREMENTS, USE OF EASEMENTS AND STREETS,
14
WORK IN RIGHT -OF -WAY, SIGNAL STANDARDS,
15
TECHNICAL STANDARDS, EMERGENCY OVERRIDE
16
FACILITIES, SERVICE TO PUBLIC BUILDINGS,
17
PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS
18
CHANNELS, INTERCONNECTION OF CABLE SYSTEMS,
19
RECORDS AND REPORTING, REPORTS, AUDIT,
20
CONSUMER PROTECTION, CONSUMER SERVICE REQUIRE -
21
MENTS1� RATES, PROHIBITING DISCRIMINATORY
22
PRACTICES, VIOLATION BY THEFT, VANDALISM AND
23
TAMPERING, PRIMA FACTS EVIDENCE, CONFISCATION,
24
PUNISHMENT, PERFORMANCE EVALUATION, ENFORCE -
25
MENT, PENALTIES, FURTHER REMEDIES, TERMINATION
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OF LICENSE, REMOVAL, RESTORATION, APPEAL AND
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CITY'S RIGHT TO INTERVENE IN PROCEEDINGS, AND
28
RELATED MATTERS; PROVIDING FOR SEVERABILITY;
29
PROVIDING FOR ORDINANCES IN CONFLICT; AND
30
PROVIDING AN EFFECTIVE DATE.
31 WHEREAS, it is the intent of the City Commission of the City
32 of South Miami to promote the public health, safety, and general
33 welfare by providing for the control of cable television systems in
34 the City of South Miami; to provide' for the payment of fees and
35 other valuable consideration by a licensee to the City for the
36 privilege of using public rights -of -way for constructing and
37 operating a cable television system; to promote widespread
38 availability of cable service to City residents; to encourage the
39 provision of diverse information to the community over cable; and
40 to establish minimum standards for the regulation and performance
41 of cable television systems in the City of South Miami for all
42 cable television licenses granted or renewed after the effective
43 date of this chapter.
44 WHEREAS, the Mayor and the City Commission find that it is in
45 the public interest to adopt cable television regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CI-Ef
47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
1 Section 1. Chapter 8 of the City of South Miami Code of
2 Ordinances is created to read:
3 CHAPTER 8
4 CABLE TELEVISION REGIILATIONS
5 Sec. 8 -1. Intent and purpose.
6 It is the intent of the City to promote the public health,
7 safety, and general welfare by providing for the control of cable
8 television systems in the City of South Miami; to provide for the
9 payment of fees and other valuable consideration by a licensee to
10 the City for the privilege of using public rights -of -way for
11 constructing and operating a cable television system; to promote
12 widespread availability of cable service to City residents; to
13 encourage the provision of diverse information to the community
14 over cable; and to establish minimum standards for the regulation
15 and performance of cable television systems in the City of South
16 Miami for all cable television licenses granted or renewed after
17 the effective date of this chapter.
18 Sec. 8 -2. Name and scope.
19 This chapter shall be known as the "Cable Television
20 Regulations." It shall be applicable to all licenses issued on or
21 after this chapter is adopted. Nothing in this chapter shall be
22 construed to interfere with the rights, if any, vested in a
23 licensed cable television operator pursuant to a City CATV license
24 that has not expired or pursuant to federal law.
25 Sec. 8 -3. Definitions.
26 Any word or term defined in the Cable Act but not defined
27 below shall have the meaning set forth in the Cable Act.
28 a. Cable Act shall mean the federal Cable Communications
29 Policy Act of 1984, Pub. L. No. 98 -549, 98 Stat. 2779
30 (1984).
31 b. Cable service shall mean the one -way transmission to
32 subscribers of video programming or other programming
33 services, and the subscriber interaction, if any, which
34 is required for the selection of such video programming
35 or other programming service.
36 C. Cable system, cable television system, and CATV system
37 for purposes of this chapter are synonymous terms and
38 mean a facility, consisting of a set of closed
39 transmission paths and associated signal generation,
40 reception, and control equipment that, is designed to
2
I provide cable service which includes video programming
2 and which is provided to multiple subscribers within a
3 community, but such term does not include:
4 (1) A facility that serves only to retransmit the
5 television signal of one (1) or more television
6 broadcast stations;
7 (2) A facility that serves only subscribers in one (1)
8 or more multiple unit dwellings under common owner-
9 ship, control or management, unless such facility
10 or facilities uses any public right -of -way, public
11 property, public easement, or other easement whose
12 use is regulated by government;
13-
(3) A facility of a common carrier which is subject, in
14
whole or in part, to the provisions of Title II of
15
the Cable Act, except that such facility shall be
16
considered a cable system to the extent such
17
facility is used in the transmission of video
18
programming to subscribers; or
19
(4) Any facilities of any electric utility used solely
20
for operating its electric utility systems.
21
d.
Channel or cable channel shall mean a portion of the
22
electromagnetic frequency spectrum which is used in a
23
cable system and which is capable of delivering a
24
television channel as defined by the Federal
25
Communications Commission.
26
e.
City shall mean the City of South Miami, Florida.
27
f.
Commission shall mean the Mayor and City Commission of
28
the City of South Miami.
29
g.
County shall mean Dade County, Florida.
30
h.
Distribution system shall include all means of transmis-
31
sion of all signals.
32
i.
Drop shall mean the individual connection or cable from
33
the distribution system to each individual household or
34
connection.
35
j.
Easement dedicated for compatible use means all easements
36
that a cable T.V. operator is authorized by State,
37
federal, or local law to use in operating its cable T.V.
38
system.
�J
I
2
k.
Federal Communications Commission (FCC) shall mean that
3
agency as presently constituted by the United States
Congress, or any successor agency.
4
5
1.
Gross revenue shall mean all revenue from all sources,
6
including cash, credits, property of any kind or nature
or other consideration, which is derived directly or
7
indirectly by the licensee, arising from or in connection
8
with the operation of the cable system within the City of
9
10
South Miami including, but not limited to: revenues from
11
all charges for entertainment and non - entertainment
services provided to subscribers; basic service monthly
12
fees; installation, reconnection and similar fees; leased
13
14
access fees; converter rentals or retail sales; studio or
other facility or equipment rentals; advertising; revenue
15
derived from the sale of products advertised or promoted
16 -
on the system, including home shopping services; the sale
17
18
of signal to unlicensed operators; and all other revenue.
19
Gross revenue shall not included uncollected bad debt;
20
revenue derived from the sale or rent of real property,
except studios; interest; taxes imposed by law on
21
22
subscribers which the company is obligated to collect and
23
which the company passes on, in full, to the applicable
24
tax authority or authorities; charges for repair to
equipment; resale of equipment on 'a wholesale basis;
25
26
sublicensing fees to other licensed operators that pay
license fees to the City; y; collection fees; returned check
charges; or unreturned equipment charges.
28
29
M.
Interconnect shall mean the electronic connection of two
30
(2) or more different cable systems for the purpose of
sharing
programs or other signals.
31
32
n.
License shall mean the license granted to the applicant
33
for permission to install and operate CATV systems in the
City of South Miami, Florida.
34
35
0.
License fee includes any tax, fee, or assessment of any
36
kind imposed by a franchising authority or other
37
governmental entity on a' cable operator or cable
38
subscriber, or both, solely because of its status as
such; the term "license feel, does not include:
39
40
(1) Any tax, fee, or assessment of general
41
applicability (including any such tax, fee, or
42
assessment imposed on both utilities and cable
43
operators or their services but not including a
44
tax, fee, or assessment which is unduly discrimi-
45
natory against cable operators or cable
subscribers);
1
(2) In the case of any license in effect on Decem-
2
ber 30, 1984, payments which are required by the
3
license to be made by the cable operator during the
4
term of the license for, or in support of the use
5
of, public educational, or governmental access
6
facilities;
7
(3) In the case of any license granted after Decem-
8
ber 30, 1984, capital costs which are required by
9
the license to be incurred by the cable operator
10
for public, educational or governmental access
11
facilities;
12
(4) Requirements or charges incidental to the awarding
13
or enforcing of the license, including payments for
14
bonds, security funds, letters of credit, insur-
15
ance, indemnification, penalties, or liquidated
16
damages; or
17
(5) Any fee imposed under title 17, United States Code.
18
p.
Licensee shall be the corporation, partnership,
19
individual, or other entity granted a license for CATV by
20
the Commission.
21
q.
Person shall mean any individual, partnership,
22
corporation, or other legally recognized entity, whether
23
for - profit or not - for - profit.
24
r.
Priority service area shall mean that area of the City
25
assigned by the Commission wherein the licensee is
26
authorized to provide CATV service. The priority service
27
area need not include all licensed areas.
28
S.
Property owner means any individual, association, or
29
business entity that owns or controls an apartment
30
building, condominium, mobile home, duplex, single - family
31
home, or other property.
32
t.
Satellite master antenna television system or SMATV shall
33
mean a facility or combination of facilities that serves
34
only subscribers in one or more multiple -unit dwellings
35
under common ownership, control or management unless such
36
facility or facilities use any public right -of -way,
37
public property, public easement, or other easement whose
38
use is regulated by government.
39
U.
Shall and will are mandatory, not merely directive.
40
V.
Subscriber shall mean any person lawfully receiving for
41
any purpose any service provided by the cable operator.
5
1 W. System facilities shall mean the physical plant and
2 equipment constructed, operated and maintained by the
3 licensee for the purpose of producing, receiving,
4 amplifying and distributing radio, television and
5 electronic signals to and from subscribers in connection
6 with a cable system located within the City.
7 X. U.N.C.L.E. shall mean the Utility Notification Center
8 Liaison for Excavators.
9 Sec. 8 -4. Licensing provisions; license required.
10 a. Any person desiring to install and /or operate any cable
11 television system in the City shall apply to the Commission for a
12 license pursuant to this chapter. Any license granted by the City
13 shall authorize and permit the licensee to engage in the business
14 of operating and providing a CATV system in the license or priority
15 service area assignment. For that purpose, subject to the approval
16 of the Public Works Department and all existing permitting
17 processes, the licensee is authorized to install, construct,
18 maintain and operate in, along, under, over, through, across and
19 upon any public right -of -way or street, such poles, wires, cables,
20 conductors, ducts, conduits, vaults, manholes, amplifiers,
21 appliances, attachments, and other property as may be necessary to
22 the CATV system. To the extent provided by State and federal law,
23 the licensee shall be entitled to use easements dedicated for
24 compatible uses.
25 b. It shall be a violation of this chapter to commence or
26 engage in the construction, operation or maintenance of a cable
27 system in the City without first having obtained a cable license
28 awarded by the Commission.
29 See. 8 -5. License application procedure; information required.
30 a. All applications to construct, operate, or maintain any
31 CATV system in the City or to traverse any portion of the City for
32 the transmitting or conveying of such service elsewhere, shall be
33 filed with the South Miami City Manager, or such office of the City
34 as the City Manager may designate. An application for the grant of
35 an initial license may be filed pursuant to a request for proposals
36 issued by the City or on an unsolicited basis. To be acceptable
37 for filing, an original and two (2) copies of the application must
38 be submitted and be accompanied by the application filing fee where
39 required.
40 b. Each application for an initial license shall set forth
41 the following:
42 (1) The name, address and telephone number of the
43 applicant.
1
(2) a detailed statement of the corporate or other
2
business organization of the applicant, including
3
but
not limited to the following:
4
(a)
The names, business addresses, and state of
5
residence of all general partners and
6
corporate officers of the applicant.
7
(b)
The names, business addresses, and state of
g
residence of all persons owning or controlling
9
five (5) percent or more of the stock,
10
partnership shares, or assets of the applicant
11
and the respective ownership share of each
12
such person.
13
(c)
The names and addresses of any parent corpora -
14
tion, parent entity, or holding company that
15
owns or, by ownership of other entities,
16
controls the applicant.
17
(d)
The names and addresses of any business
18
entities owned or controlled by the applicant,
19
including, but not limited to, SMATV or CATV
20
operations.
21
(e)
A detailed and complete financial statement of
22
the applicant, prepared by a certified public
23
accountant, for the five (5) fiscal years
24
immediately preceding the date of the appli-
25
cation, or a letter or other acceptable
26
evidence in writing from a responsible lending
27
institution or funding source, addressed to
28
both the applicant and the City, setting forth
29
a clear statement of its intent to provide the
30
capital required to construct and operate the
31
proposed system. If the corporate or business
32
entity organization of the applicant has not
33
been in existence for a full five (5) years,
34
applicant shall submit a certified financial
35
statement for the period of its existence.
36
(f)
A detailed description of all previous
37
experience of the applicant in providing CATV
38
services or related or similar services which
39
includes a statement identifying, by place and
40
date, all other cable television licenses or
41
franchises awarded to the applicant, its
42
parent. or subsidiary; the status of the
43
licenses or franchises with respect to
44
completion; the total cost of completion of
45
such systems; and the amount of applicant's
7
I
and its parent's or subsidiary's resources
2
committed to such systems.
3
(g) An indication of whether the applicant, or any
4
person controlling the applicant, or any
5
officer or major stockholder of the applicant,
6
has been adjudged bankrupt, had a cable
7
license or franchise revoked, or been found
8
guilty by any court or administrative agency
9
of a violation of a security or antitrust law,
10
felony, or any crime involving moral turpi-
11
tude; and, if so, identification of any such
12
person and a full explanation of the circum-
13
stances.
14
(3) A detailed financial plan describing for the first
15"
five (5) years of the license, projected number of
16
subscribers, rates, all revenues, operating
17
expenses, capital expenditures, depreciation
18
schedules, income statements, and statement of
19
sources and uses of funds and schedule of all
20
capital additions.
21
(4) A detailed description of the proposed plan of
22
operation of the applicant, which shall include,'
23
but not be limited to, the following:
24
(a) A detailed map indicating all areas proposed
25
to be served, a proposed time schedule for the
26
installation of all equipment necessary to
27
become operational throughout the entire area
28
to be served, a description of the
29
construction of the proposed system including
30
an estimate of the above- and below - ground
31
mileage and the projected total cost for
32
construction of the system.
33
(b) For informational purposes, a statement or
34
schedule setting forth all proposed initial
35
classifications of rates and charges to be
36
made against subscribers and all rates and
37
charges for each classification, including
38
installation charges, services charges, or
39
other charges. The purchase price, terms, and
40
nature of any optional or required equipment,
41
device, or other thing to be offered for sale
42
to any subscriber shall be described and
43
explained in detail.
44
(c) A detailed statement describing the physical
45
facility proposed, including channel capacity,
46
technical design, the actual equipment, and
U
1
2
the operational and technical standards
proposed by the applicant.
3
(d) A description of the services to be provided
4
initially, including the broad categories of
5
6
programming and all broadcast and non-
7
broadcast signals to be carried and all non-
8
television services to be delivered over the
cable system, and if services will be offered
9
by tiers, identification of the signals and /or
10
services to be included on each tier.
11
12
(e) A description of how the proposed system will
13
reasonably meet the future cable- related needs
14
and interests of the community, including how
15
the proposed system will meet the needs
-
16
described in any recent community needs
assessment conducted by or for the City.
17
(f) Any other information as requested in order
18
19
for the City to comply with State or federal
law.
20
21
(5)
A copy of the form of any agreement, understanding,
22
or other instrument proposed to be entered into
between the applicant and any subscriber.
23
24
(6)
A copy of any agreement covering the license area,
25
if existing, between the applicant and any public
26
utility providing for the use of any facilities of
27
the public utility, including but not limited to
poles, lines or conduits.
28
29
(7)
Copies of all reports filed with the FCC within the
30
last twelve (12) months by the applicant or its
31
parent relating to CATV operations, including but
32
not limited to the last and most current FCC Form
325.
33
34
(8)
Any other reasonable information which could
35
materially affect the granting of the license and
which is requested by the City.
36
Sec. 8 -6. Application
fee.
37
a. Each
application submitted for a license under the
38
provisions of
this chapter shall be accompanied by the required
39
nonrefundable
application fee to offset the reasonable cost of
40
processing and
evaluating the application.
41
b. Application fees shall be the following amounts:
E
1 For an initial license . . . . . . . . . . . . . $5,000.00
2. For renewal of a license . . . . . . . . . . . . 2,500.00
3 For transfer of a license . . . . . . . . . . . . 2,500.00
4 For modification of a license . . . . . . . . . . 1,000.00
5 For expansion of a license . . . . . . . . . . . . 1,000.00
6 Where the applicant has already received a county license
7 which includes the priority service area, and seeks only to service
8 such priority service area; the application fee shall be one -half
9 of the amount listed in the above schedule.
10 C. Where the City's out -of- pocket costs in considering the
11 application exceed the amount of the application filing fee, such
12 costs shall be paid by the applicant. Within thirty (30) calendar
13 days of the date of the resolution approving the application, the,
14 City Manager must notify the approved applicant of the amount of
15 any such processing fee and its method of calculation. If the
16 processing fee is not paid within sixty (60) calendar days of the
17 date of the Commission resolution approving the application, any
18 license approved by the resolution will be null and void. Payment
19 under protest of the processing fee shall be a prerequisite to
20 contesting the amount of the fee pursuant to Section 8 -78. Amounts
21 paid under this subsection shall be amortized over the term of the
22 license; shall be applied as credit against the license fee; and
23 shall not exceed a total of one hundred thousand dollars
24 ($100,000.00) in any five -year period. To the extent any such
25 costs are applicable to more than one licensed operator, the cost
26 shall be allocated on a weighted pro rata share of all City
27 subscribers.
28 Sec. 8 -7. Notice and comment period for initial and .expansion
29 licenses.
30 a. If the City Manager finds that an application is
31 incomplete, the application and the fee shall be returned to the
32 applicant with a letter describing any and all insufficiencies
33 found in the application. The applicant may then reapply for a
34 license upon correcting the deficiencies noted by the City Manager.
35 Upon receipt of a complete application, the City Manager shall
36 publish notice within a ninety -day (90) period requesting written
37 comments from the public or any interested person. The notice
38 shall name the applicant, describe the proposed priority service
39 area, name any existing licensee authorized to serve the area,
40 establish a closing date for receiving comments and provide the
41 address where the comments should be sent. All such written
42 comments shall be submitted at least thirty (30) days before the
43 public hearing required by Section 8 -8.
Im
I b. Upon the receipt of an application, the City Manager
2 shall contact Dade County and request access to all pertinent
3 documentation regarding the application. The City Manager shall
4 determine whether the information submitted to Dade County meets,
5 at a minimum, the requirements of this chapter, and shall determine
6 whether a public hearing was held by Dade County regarding the
7 application. The City Manager shall determine whether the Dade
8 County license or franchise contains any terms or conditions
9 inconsistent with this chapter. If so, the City Manager shall
10 identify those inconsistencies in his report to the City Commis -
11 sion. Applications from applicants which have been issued a Dade
12 County license, franchise or permit may be processed at the
13 discretion of the City Manager without the notice and comment
14 requirements in Section 8 -7(a) provided that:
15 (1) Dade County license was granted after an investiga-
16 tion and public hearing process conducted by Dade County and
17 similar to the process established by this chapter; and
18 (2) The application otherwise meets the requirements of
19 this section.
20 Sec. 8 -8. Public hearing for initial and expansion licenses.
21 a. The City Manager shall prepare a report to the Commission
22 regarding the award of a license to the applicant, which report
23 shall consider and respond to any comments received and shall
24 contain the City Manager's recommendations concerning the
25 application. The City Manager shall schedule a public hearing
26 before the Commission to consider the application and the City
27 Manager's report. Notification of any CATV license hearing must be
28 published one (1) time each for two (2) consecutive weeks in a
29 paper of general circulation in the City. The notice shall name
30 the applicant, describe the proposed priority service area, and set
31 a time and date certain, at least fourteen (14) days from the date
32 of the first publication of the notice, for the public hearing.
33 The public hearing may be continued from time to time and from
34 place to place as determined to be necessary by the Commission.
35 The City shall make a final determination on the application within
36 six (6) months of the date a completed application was received
37 unless it is determined that the applicant has caused the delay.
38 b. The Commission shall consider all factors required by
39 State or federal law, including, among` other factors the
40 applicant's character, technical, legal, and financial
41 qualifications to construct and operate the facilities proposed;
42 the nature of the proposed system; the economic impact on private
43 property within the proposed. priority service area; the capability
44 of the public rights -of -way to accommodate the proposed system; the
45 present and future use of the rights -of -way to be used; the
46 potential disruption to existing users of the right -of -way; whether
47 the proposal will meet reasonably anticipated community needs and
W1
I serve the public interest; and all other factors as the City may
2 determine to be relevant. The Commission shall approve, disapprove
3 or take any other action it finds to be in the public interest.
4 The Commission may, by resolution, assign a priority service area
5 to the licensee.
6 Sec. 8 -9. Term of license.
7 No license, including a renewal license, shall be issued for
8. a term longer than ten (10) years. A licensee holding a current
9 license under any previous ordinance may file for a renewal of its
10 license pursuant to the terms of,this chapter which shall require
11 adequate notice to the public and opportunity to comment and may
12 have its license renewed for additional periods of no longer than
13 ten (10) years duration.
14- Sec. 8 -10. Acceptance of license.
15 Within thirty (30) calendar days after the resolution or
16 ordinance awarding the license, the licensee shall file with the
17 City Manager its written acceptance of the license, together with
18 the insurance policies and bonding documents required by Sections
19 8 -22 through 8 -25, and its agreement to be bound by and to comply
20 with all requirements pursuant to the provisions of this chapter
21 and the license. All material statements and declarations
22 contained in the application shall be incorporated as conditions of
23 the license. Such acceptance and agreement shall be in form and
24 content satisfactory to and approved by the City Attorney.
25 Sec. 8 -11. License is nonexclusive and restricted.
26 a. Any license granted under this chapter shall be
27 nonexclusive, and issuance will not expressly or implicitly
28 preclude the issuance of other licenses to operate cable systems
29 within the City or affect the City's right to authorize -use of
30 public rights -of -way to other persons as it determines appropriate.
31 b. The licenses granted pursuant to this chapter shall
32 confer only such privileges or exemptions specifically provided in
33 this chapter or mandated by federal or State law.
34 C. Any privilege claimed under the license in any street or
35 other public property shall be subordinate to any prior lawful
36 occupancy of the streets of other public property.
37 Sec. 8 -12. Changes to license terms and conditions.
38 Each application for modification of a license shall set forty
39 the following information. To be acceptable for filing, an
40 original and two (2) copies of the application must be submitted
41 and be accompanied by the required application fee.
12
1 a. The specific modification requested;
2 b. The justification for the requested modification,
3 including the impact of the requested modification on
4 subscribers and others, and the impact on the applicant
5 if the modification is not approved;
6 C. A statement whether the modification is sought pursuant
7 to federal or State law, and, if so, a demonstration that
8 the requested modification meets the legal standards of
9 that law; and
10 d. Any other information necessary for the City to make a
11 determination.
12 No application fee shall be required where the modification is
13- requested by the City or where the modification is required to
14 bring the license into conformity with the law of a superior
15 sovereign.
16 Sec. 8 -13. Expansion of a priority service area.
17 Except for pass - through facilities to connect non - contiguous
18 portions of a licensee's priority service area, no facilities or
19 equipment may be installed outside of the licensee's priority
20 service area, and the licensee shall not offer or provide service
21 to persons outside of the priority service area. Licensees may
22 apply for an expansion of their priority service area by filing an
23 original and two (2) copies of an application accompanied by the
24 required application fee. Expansion of a priority service area
25 shall be within an applicant's existing license area.
26 a. The City Manager shall investigate all applications for
27 installation of CATV distribution systems to determine
28 whether the application meets the following standards:
29 (1) The requested installation is an orderly, logical
30 progressive expansion or extension of the
31 licensee's existing system;
32 (2) The requested installation is an expansion or
33 extension into areas contiguous to those areas
34 containing existing distribution system;
35 (3) The number of residential units passed by active
36 distribution cable with the immediate capability of
37 providing service when divided by the number of
38 residential units, as determined from the records
39 of the electric utility providing service in the
40 area within the licensee's previously approved
41 areas, yields a percentage in .excess of eighty
42 (,80) ;
I &I
1
(4) The requested installation is within the
2
applicant's license area;
3
(5) The licensee has adequate financial and managerial
4
resources to complete the requested installation in
5
a logical, orderly and prompt fashion;
6
(6) The licensee is in full compliance with all
7
provisions of this chapter and any approved rules
8
and regulations;
9
(7) The expansion will meet reasonably anticipated
10
community needs and serve the public interest; and
11
all other factors as the City may determine to be
12
relevant.
13
b. Should the Manager determine that the requested
14
installation is within the licensed areas, the Manager
15
shall, within ten (10) days after receipt of the
16
application, provide notice of the application to the
17
CATV licensee or licensees operating within the City.
18
Such affected licensee may, within twenty (20) days after
19
the date shown on the face of the notice provide written
20
comments regarding the requested installation. The
21
Manager shall consider and respond to any such comments
22
received in a timely manner. Should the Manager
23
determine that the requested installation is outside the
24
license area, the application shall be returned for
25
refiling in accordance with Sections 8 -5 through 8 -8 of
26
this chapter.
27
c. The Manager may approve installations which do not meet
28
the criteria specified in subparagraphs 13(a)(1) and (2)
29
above if there are insufficient residences, as defined in
30
Section 8 -28, in a contiguous area or if municipal
31
franchises require the noncontiguous expansion.. The
32
Manager may approve installations which do not meet the
33
standards specified in subparagraph 13(a)(3) if causes
34
beyond the control of the licensee have prevented the
35
installations in previously approved areas from being
36
substantially constructed.
37
d.. Applications for installation of CATV distribution
38
systems shall be approved or disapproved by the City
39
Manager, whether in whole or in part, in writing not
40
later than ninety (90) days after receipt of an
41
application. Applications for which decisions are not
42
rendered within ninety (90) days shall be considered
43
approved in their entirety. The City Manager shall
44
notify the licensee, the Public Works Department, the
45
utility companies, and each licensee in the affected area
46
of his decision.
14
1
Sec. 8 -14. Renewal
2
The City shall grant
or deny renewals
pursuant to the
3
procedures mandated by any
controlling federal
or State law in
4
effect at the time of the renewal. If there is
no such mandated
5
procedure pursuant to controlling
federal or
State law, the
6
licensee shall have a right
to renew pursuant
to procedures at
7
least as protective as those
laws governing the matter immediately
8
prior to repeal of such renewal procedures and rights.
9
Sec. 8 -15. Transfers.
10
11
a. No transfer of a
license shall occur without prior
approval of the City, which
approval shall not
be unreasonably
12
withheld.
13 b. Any transfer of a license shall be subject to the
14 application requirements of Section 8- 5.b.(l),(2),(3), and (8).
15 Final action on the request shall be taken at a public hearing
16 within a reasonable amount of time of receipt of a completed
17 application.
18 C. Transfer of a license shall mean (1) assignment, sale or
19 transfer of more than thirty (30) percent of the stock, partnership
20 shares or assets of the licensee to a person other than the
21 licensee; (2) assignment, sale or transfer of more than forth (40)
22 percent of the ownership of any parent corporation, parent entity
23 or holding company that owns, or by ownership of other entities,
24 controls the licensee; or (3) the transfer of any interest that
25 results in the change of effective control of the licensee.
26 d. This section does not apply to any restructure,
27 recapitalization or refinancing which does not change the effective
28 control of the licensee; in such transfer, the licensee shall give
29 prior notice to the City Manager within thirty (30) days prior to
30 such transfer.
31 e. In making a determination on whether to grant an
32 application to transfer a license, the Commission will consider the
33 legal, financial, technical and character qualifications of the
34 transferee to operate the system.
35 f. Approval by the City of a transfer of a license does not
36 constitute a waiver or release of any of the rights of the City
37 under this chapter.
38 Sec. 8 -16. Authority of the City Manager.
39 The City Manager shall have the responsibility for overseeing
40 the day -to -day administration of this chapter and licenses granted
41 hereunder. The City Manager, or any member of the City Manager's
42 staff so designated by the City Manager, may administer oaths,
15
1 certify to official acts, issue subpoenas, and compel the
2 attendance of witnesses and the production of papers, account
3 books, contracts, documents and other records, data or information,
4 when necessary, convenient, or appropriate in the discharge of the
5 duties of his office. The City Manager shall be empowered to take
6 all administrative actions on behalf of the City, including
7 adopting forms for application and reporting and other
8 administrative procedures as are necessary, except for those
9 actions specified in this chapter which are reserved to the
10 Commission.
11 Sec. 8 -17. License fee and public property charge.
12 a. Each licensee shall pay to the City of South Miami a
13 quarterly license fee, at the time its quarterly report is due,
14 based upon the licensee's gross revenue during the preceding
15 quarter in the following amounts:
16 (1) Three (3 %) percent of gross revenues derived from
17 the priority service area in the City;
18 (2) Consistent with Dade County ordinance 90 -73, two
19 percent (2 %) of gross revenues derived from the
20 priority service area in the City is to be paid to
21 Dade County.
22 b. In the event the total of the payments due from a
23 licensee to Dade County and the payments due to the City pursuant
24 to this section above exceeds five (5 %) percent of the licensee's
25 gross revenues, then the City's license or franchise shall be
26 superseded to the extent necessary to reduce the total payment of
27 five (5 %) percent of the licensee's gross revenue.
28 C. All City ordinances, franchises and licenses in conflict
29 with Dade County Ordinance 90 -73 are hereby superseded to the
30 extent of such conflict.
31 d. No acceptance of payment shall be construed as a release
32 or as an accord and satisfaction of any claim the City may have for
33 further operational sums payable under this chapter or for the
34 performance of any other obligation hereunder.
35 Sec. 8 -18. Selling of signal.
36 Should any licensee sell signal to a legally affiliated
37 satellite master antenna television system ( SMATV system) located
38 within its priority service area, the gross revenue of the SMATV
39 system shall be imputed to the gross revenue of the licensee for
40 purposes of the fees calculated on the basis of gross revenue set
41 forth herein; and the licensee shall owe the City said fees based
42 upon the gross revenue of both the cable system and the SMATV
43 system.
I Sec. 8 -19. Rights reserved to the City.
2 a. The right is hereby reserved to the Commission to adopt,
3 in addition to the provisions contained herein and in existing
4 applicable agreements, such additional rules and regulations as it
5 shall find necessary in the exercise of the police power, for the
6 proper administration and enforcement of the provisions of this
7 chapter; provided that such regulations shall be reasonable and
8 shall conform with the terms and conditions of the licenses and the
9 rights herein granted and shall not be in conflict with federal or
10 state law. Rules and regulations promulgated by the City shall
11 insure fair and equitable treatment for all persons affected by
12 cable service. No such rules and regulations shall become
13 effective until a public hearing has been held upon the proposed
14 rules and regulations, and any amendments or modifications thereto,
15 and the same have been filed with the City Clerk.
16 b. The City shall have the right to install, maintain, and
17 operate antennae, amplifiers, co -axial cable, wire, fiber optic
18 cable fixtures and appurtenances necessary for a City communica-
19 tions system upon or within the communications facilities of the
20 licensee on the condition that such installations do not interfere
21 with the property or operations of the licensee and at no cost to
22 the City except to reimburse the licensee for any additional costs
23 incurred as a result of any such construction by the City.
24 Sec. 8 -20. Liability, indemnification; liability in case of
25 emergency.
26 If, at any time in case of fire, police action, disaster, or
27 other emergency, it shall appear necessary in the reasonable
28 judgment of the City to cut, move or otherwise interfere with any
29 of the wires, cables, amplifiers, appliances or appurtenances
30 thereto of the licensee the City shall not be liable for any injury
31 or damage to such property and equipment of the licensee as a
32 result of such cutting, moving or interference.
33 Sec. 8 -21. Indemnification.
34 The licensee shall indemnify, defend and hold the City, its
35 officers, agents and employees harmless from any liability, claims,
36 damages, judgments, costs or expenses, including reasonable
37 attorney's fees caused by any conduct undertaken by the licensee,
38 its officers, agents or employees, pursuant to or by reason of the
39 license or caused by any policy or practice by the City of South
40 Miami on behalf of the licensee arising pursuant to Sections 8 -30;
41 8 -66; and 8 -68. The licensee shall at its sole cost and expense,
42 upon demand of the City, appear in and defend any and all suits,
43 actions or other legal proceedings, whether judicial, quasi -
44 judicial, administrative, legislative or otherwise, brought or
45 instituted or had by third persons or duly constituted authorities,
46 against or affecting the City, its officers, agents or employees,
17
1 and arising out of or pertaining to any conduct, policy; or
2 practice which is within the scope of this indemnity.
3 Sec. 8 -22. Insurance; policy limits.
4
a. Within thirty (30) days after the effective date of the
5
license, and prior to any operations under the license,
6
the licensee shall provide proof of the required
7
insurance. The licensee shall maintain said insurance
8
throughout the term of the license and said insurance
9
shall include, at a minimum, the following types of
10
insurance coverage in amounts not less than shown:
11
(1) Worker's compensation: Coverage to apply for all
12
employees for statutory limits in compliance with
13
the applicable State and federal laws. The policy
14 _
must include employers, liability with a limit of
15
five hundred thousand dollars ($500,000.00) each
16
accident.
17
(2) Comprehensive general liability: Shall have
18
minimum limits of one million dollars
19
($1,000,000.00) per occurrence combined single
20
limit for bodily injury liability and property
21
damage liability. This shall include premises
22
and /or operations, independent contractors, and
23
subcontractors and /or completed operations, broad
24
form property, damage, XCU coverage, and a
25
contractual liability endorsement.
26
(3) Business auto policy: Shall have minimum limits of
27
one million dollars ($1,000,000.00).per occurrence
28
combined single limit for bodily injury liability.
29
and property damage liability. This shall include
30
owned vehicles, hired and non -owned vehicles.
31 b. The insurance coverage obtained by the licensee in
32 compliance with this section shall be approved by the Risk Manager
33 and the City Attorney, and such insurance policies, along with
34 written evidence of payment of required premiums, shall be filed
35 and maintained with the City Manager or his designee during the
36 term of the license.
37 C. Upon thirty (30) days notice, the insurance coverage and
38 policy requirements may be changed and increased from time to time
39 at the discretion of the Commission to reflect changing liability
40 exposure and limits.
41 d. Nothing herein is intended as a limitation to the extent
42 of any legal liability of the licensee.
18
I Sec. 8 -23. Insurance policy provisions.
2 a. Resident company and agent: All insurance policies,
3 letters of credit and bonds as are required of a licensee in this
4 chapter shall be written by a company or companies authorized and
5 qualified to do business in the State of Florida, and have a
6 minimum rating of "AXX" in Best's Rating Guide.
7 b. Certificates and renewals: Certificates and renewals of
8 all coverage required shall be promptly filed by the licensee with
9 the City Manager or his designee. Each policy shall require notice
10 and the licensee shall notify the City within thirty (30) days of
11 any cancellation or modification of any insurance coverage required
12 by this chapter, which notice shall be sent by registered mail to
13 the City Manager or his designee. Renewal certificates shall be
14 filed with the City no less than thirty (30) days prior to the
15 policy expiration date.
16 C. Additional insured: The City shall be included as an
17 additional insured on the comprehensive general liability.
18 d. Premium payment: Companies issuing the insurance
19 policies shall have no recourse against the City for payment of any
20 premiums or assessments, and same shall be the sole responsibility
21 of the licensee.
22 e. Neither the provisions of this section, nor the
23 acceptance of any bonds by the City pursuant to this chapter, nor
24 any damages received by the City thereunder; shall be construed to
25 excuse performance by a licensee or limit the liability of a
26 licensee for damages to the full amount of the bonds or otherwise.
27 Sec. 8 -24. Bonding requirements; construction bond.
28 a. The licensee shall, as required by the City Manager and
29 within thirty (30) days after the effective date of an initial
30 license granted under this chapter, post with the City either a
31 construction bond or an irrevocable letter of credit issued by a
32 Florida bank or a federally insured lending institution in an
33 amount equal to fifty (50) percent of the projected cost of
34 required construction and installation of the system. Existing
35 licensees shall post such bond or irrevocable letter of credit with
36 the City and as required by the City Manager at the same time as
37 and in conjunction with submission of a construction plan or
38 reconstruction plan for required construction, and in any event at
39 least thirty (30) days prior to the start of the required
40 construction or reconstruction. The bond or letter of credit will
41 be returned at the end of six (6) years to the licensee or at such
42 prior time as the system has been completed and approved by the
43 City, provided:
W
(1) The licensee has met or exceeded the construction
schedule required by Section 8 -28, if applicable;
and
4 (2) The licensee has in good faith complied with all
5 terms and conditions of the license and all
6 provisions of this chapter as well as the rules and
7 regulations herein required and permitted.
8 b. If the licensee submits a cable system construction or
9 reconstruction map and schedule which provides for required
10 construction of the system in progressive stages to provide service
11 to specified and definitive sections of the license area, the
12 licensee may submit a construction bond or irrevocable letter of
13 credit equal only to fifty (50) percent of the projected cost of
14 construction and installation of each specified and definitive
15 section of the system in lieu of the bond or letter of credit
16 required by this section; provided, however that the licensee must
17 complete construction of the specified section to which the
18 construction bond applies prior to the initiation of construction
19 of a subsequent section.
20 C. If the licensee fails to perform its construction
21 obligations, the licensee shall forfeit that portion of the
22 construction bond needed to complete the remaining required
23 construction.
24 d. The construction bond will not be in lieu of any other
25 guarantee or indemnification required by this chapter and shall be
26 in addition to the performance bond or irrevocable letter of credit
27 required in Section 8 -25.
28 e. This section shall not apply to any construction which
29 results in less than five (5) miles of cable plant for any given
30 project.
31 Seca 8 -25. Permanent performance and payment bond.
32 The licensee shall within thirty (30) days of the effective
33 date of an initial license granted under this chapter or within
34 thirty (30) days of the granting of a renewal or the transfer of a
35 license existing prior to this chapter, furnish to the City a
36 performance bond or an irrevocable letter of credit issued by a
37 Florida bank or a federally insured lending institution in the
38 amount of twenty -five thousand dollars ($25,000.00). The
39 performance bond or letter of credit shall be used to guarantee the
40 compliance with performance requirements and payment of all sums
41 which may become due to - the City under this chapter. The
42 performance bond or letter of credit shall be maintained in the
43 full amount specified herein throughout the term of the license and
44 for one(1) year after the license expires or is terminated, without
20
1 reduction or allowances for any amounts which are withdrawn or paid
2 pursuant to this chapter.
3 Sec. 8 -26. FCC petition and license.
4 The licensee shall, except for existing licenses, within sixty
5 (60) days after the issuance of a license under this chapter, apply
6 to the FCC for all certifications, registrations or licenses as may
7 be required for the operation of 'the cable system. Failure of the
8 licensee to obtain the necessary permits and licenses within one
9 (1) year of the issuance of a license under this chapter shall
10 cause the license to become null and void, unless the licensee
11 petitions the Commission for an extension of time upon good cause
12 shown.
13 Sec. 8 -27. Compliance with applicable laws and ordinances.
14 a. The licensee shall at all times during the life of this
15 chapter be subject to all lawful exercise of the police power by
16 the City and to such reasonable regulation by the City as the City
17 shall hereafter provide. The licensee shall comply with all laws,
18 statutes, codes, ordinances, rules, or regulations applicable to
19 its business. Specific and exact compliance to all zoning and
20 building regulations shall be adhered to by the licensee.
21 b. Except as may be specifically provided for in this
22 chapter, the failure of the City or a licensee, upon more than one
23 (1) occasion, to exercise a right or to require compliance or
24 performance under this chapter shall not be deemed to constitute a
25 waiver of such right or a waiver of compliance or performance in
26 the future.
27 Sec. 8 -28. Cable system construction; construction and time
28 limitations.
29 Within one (1) year from the date of issuance of an initial
30 license or the extension of a priority service area, the licensee
31 shall complete construction of thirty (30) percent of the proposed
32 CATV system within the priority service area described in the
33 license. Thereafter, each year, it shall extend energized cable to
34 twenty (20) percent of the homes Within the priority service area
35 described in the license until the system is substantially
36 constructed. The system shall not be substantially completed until
37 the licensee has extended cable television service to all parts of
38 its service area that have a minimum density of thirty (30)
39 dwellings per strand mile of cable. The licensee need not, but may
40 at its option, extend service to areas that have fewer than thirty
41 (30) dwellings per strand mile of cable. All construction pursuant
42 to this section shall be done in a logical, orderly, progressive
43 and contiguous manner.
21
1 Sec.. 8 -29. Rights to use easements and streets not warranted.
2 It is understood that there may from time to time be within
3 the City various easements and streets which the City does not have
4 the unqualified right to authorize licensee to use; therefore, in
5 granting a license, the City does not warrant or represent as to
6 any particular easement, street, or portion of a street that it has
7 the right to authorize licensee to install or maintain portions of
8 its system therein, and in each case the burden and responsibility
9 for making such determination in advance of the installation shall
10 be upon the licensee.
11 Sec. 8 -30. unlawful to interfere with licensee's access to
12 easements.
13
a. Conduct prohibited.
14
(1)
No property owner shall deny any owner, occupant,
15
tenant, or lessee their right to have cable T.V.
16
service provided by a licensee.
17
(2)
No property owner shall forbid, prevent, or
18
interfere with the licensee when the licensee is
19
attempting to enter onto property at reasonable
20
times and in reasonable circumstances for the
21
purpose of the construction, installation,
22
maintenance, or operation of a cable television
23
system or facilities on easements dedicated for
24
compatible use.
25
(3)
Except as provided for in subsection (b) of this
26
provision, no property owner shall demand or accept
27
payment in any form as a condition of permitting
28
access to any easements dedicated for compatible
29
use or as a condition of allowing the licensee to
30
construct, install, maintain, or operate its cable
31
T.V. system on an easement dedicated for compatible
32
use.
33 (4) No property owner shall discriminate in rental
34 charges or otherwise discriminate against any
35 owner, occupant, tenant, or lessee on account of
36 the purchase of cable services from a licensee by
37 that owner, occupancy, tenant, or lessee.
38 b. In installing, maintaining, operating, or removing its
39 facilities in, upon, on or from any easements dedicated for
40 compatible uses, the licensee shall ensure:
41 (1) That the safety, functioning, and appearance of the
42 premises and the convenience and safety of other
43 persons not be adversely affected by the
22
1 installation, construction, or removal of
2 facilities necessary for a cable system;
3 (2) That the cost of the installation, construction,
4 operation, or removal of such facilities be borne
5 by the licensee or subscriber, or a combination of
6 both; and
7 (3) That the owner be justly compensated by the
8 licensee for any damages caused by the
9 installation, construction, operation, or removal
10 of such facilities by the licensee.
11 C. Nothing herein shall be construed to prohibit or prevent
12 any property owner from constructing, installing, or continuing to
13 maintain and operate an independent television receiving system
14 _ subject to the other provisions of this chapter; provided, however,
15 that the construction, installation, maintenance, and operation of
16 such receiving system shall not prevent the licensee from
17 constructing, installing, maintaining, and operating its cable
18 service through its cable system.
19 d. This chapter is not intended to, and nothing herein shall
20 be construed to, preclude appropriate payments, arrangements, or
21 agreements for the use by cable operators of other utilities'
22 facilities and equipment, including pole attachment agreements.
23 e. Any person who willfully violates this section shall be
24 subject to a five hundred dollar ($500.00) fine and thirty (30)
25 days in jail for each violation.
26 f. The licensee shall have a private right of action for
27 damages and injunctive relief in any court of competent
28 jurisdiction to enforce its rights pursuant to this section.
29 Sec. 8 -31. Other agreements, permit and easement requirements.
30 The City shall not be required to assume any responsibility
31 for the securing of any rights -of -way, easements, or other rights
32 which may be required by the licensee for the installation of a
33 CATV system, nor shall the City be responsible for securing any
34 permits or agreements with other persons or utilities.
35 Sec. 8 -32. No property rights conveyed.
36 Nothing in this chapter or in the license shall grant to the
37 license holder any right of property in City -owned property or
38 public rights -of -way, nor shall the City be compelled to maintain
39 any of its property or public rights -of -way any longer than, or in
40 any other fashion than in the City's judgment, its own business or
41 needs may require. In addition, the license holder shall not be
42 entitled to any compensation for damages from the City as a result
`*1
1 of having to remove or relocate its property, lines and cables from
2 such public property or public rights -of -way in the event the City
3 determines that a necessity exists for such removal or relocation.
4 Sec. 8 -33. Construction map and schedule.
5 The licensee shall submit a plan and schedule for all major
6 construction or reconstruction projects. In the case of all
7 required construction or reconstruction, the plan and schedule
8 shall be incorporated by reference and made a part of the license.
9 In the case of all voluntary construction or reconstruction, the
10 plan and schedule shall be submitted for informational purposes.
11 The plan shall include cable system design details, equipment
12 specifications, and design performance criteria.- The plan shall
13 also include a map of the entire license area and shall clearly
14 delineate the areas within the license area where the cable system
15 _ will be initially available to subscribers including a schedule of
16 construction for each year that construction or reconstruction is
17 proposed. Construction or reconstruction plans and maps shall be
18 submitted to the City at least sixty (60) days prior to the start
19 of construction or reconstruction.
20 Sec. 8 -34. Prior approval by City.
21 The licensee must comply at all times with all policies,
22 procedures and directives of the City Manager. Except for
23 individual service drops, the licensee shall not erect any pole,
24 run any line, nor shall any construction on public property and
25 related to the delivery of cable services be commenced without the
26 prior approval of the City Manager. Prior to the issuance of such
27 approval, the licensee shall submit to the City Manager:
28
a. Strand maps of the system authorized by
the proposed
29
license showing plant routing, utility company poles to
30
which the system facilities are to be attached; and
31
b. Copies of all pole attachment agreements
made by the
32
licensee with Southern Bell and Florida Power and Light
33
Company and any other utility or company
to which an
34
attachment is to be made.
35
Sec. 8 -35. City's right to inspect.
36
The City shall have and maintain the right to
inspect the
37
installation, construction, operation and maintenance
of the system
.38
by the licensee to insure the proper performance of
the terms of
39
this chapter.
40
Sec. 8 -36. Joint or common use of poles.
41 The licensee shall enter into agreements for the joint or
42 common use of poles or other wire - holding structures where poles or
24
I other wire - holding structures already exist for the use in serving
2 the City or serving the public convenience. No location of any
3 pole or wire - holding structure of the licensee shall be a vested
4 interest, and such pole or structure shall be removed or modified
5 by the licensee at its own expense whenever the City determines it
6 to,be necessary in conjunction with a City project.
7 Sec. 8 -37. Location /relocation of facilities.
8 a. The licensee's system may be installed aboveground in
9 areas where existing power or telephone facilities are aboveground,
10 and shall be installed underground in areas where existing power
11 and telephone facilities are installed underground. If both power
12 and telephone facilities are installed aboveground, the licensee
13 shall install its facilities underground at the request of a
14 resident or property owner when the resident or property owner
15- agrees to pay the additional cost of such installation.
16 b. Licensee shall not place any fixtures or equipment where
17 the same will interfere with any existing gas, electric, CATV,
18 telephone, sewer, drainage or water lines, fixtures or equipment.
19 The licensee shall locate its lines and equipment in such a manner
20 as not to interfere unnecessarily with the usual travel on streets;
21 with the installation or operation of gas, electric, CATV,
22 telephone, water, drainage, or sewer lines equipment; or with the
23 rights or reasonable convenience of owners of property which abuts
24 any street.
25 C. Licensees shall relocate any aboveground portion of their
26 systems underground in any easement or right -of -way area where
27 existing power and telephone facilities are hereafter so relocated.
28 Any such relocation shall be at the licensee's expense, and such
29 relocation shall be accomplished concurrently with relocation of
30 any such power and telephone facilities.
al d. The licensee shall have the authority to trim trees upon
32 or overhanging streets, alleys, sidewalks and public ways and
33 places of the City so as to prevent the branches of such trees from
34 coming in contact with the wires and cables of the licensee, in a
35 manner approved by and acceptable to the City. At the option of
36 the City, such trimming may be done by it or under its supervision
37 and direction at the expense of the licensee, if prior notification
38 has been given to the licensee and licensee thereafter failed to
39 respond.
40 e. Licensees shall promptly and at the licensee's own
41 expense, protect, support, temporarily disconnect, remove, modify
42 or relocate any part of their systems when required by the City by
43 reason of traffic conditions, public safety, road construction
44 change of street grade, installation of sewers, drains, water
45 pipes, power lines, signal devices, tracks, any other type of City
25
1 improvement project or to accommodate the abandonment of any
2 street.
3 f. Each licensee shall, on the request of any person holding
4 a building moving permit issued by the City, temporarily raise or
5 lower its wires to permit the moving of buildings. The expense of
6 such temporary removal or raising or lowering of wires shall be
7 paid by the person requesting same, and the licensee shall have the
8 authority to require such payment in advance. Licensee shall be
9 given not less than forty -eight (48) hours advance notice to
10 arrange for such temporary wire changes.
11 g. With regard to underground construction, all drop cables
12 shall be buried at a sufficient depth so that no portion of the
13 drop is exposed or visible to view.
14 _ Sec. 8 -38. Work in the right -of -way.
15 a. A licensee must obtain any required permits before
16 causing any damage or disturbance to public rights -of -way,
17 easements or thoroughfares as a result of its construction or
18 operations and must restore to their former condition such property
19 in a manner approved by the City. If such restoration is not
20 satisfactorily performed within a reasonable time, the City, after
21 prior notice to the licensee, may cause the repairs to be made at
22 the expense of the licensee. All additional or reoccurring repairs
23 required as a result of the licensee's work may also be made at the
24 expense of the licensee.
25 b. Licensees granted permission to install and operate cable
26 television systems in the City shall provide at least seven (7)
27 days prior notice to the residents of an area, by.mail or through
28 the placement of notices on the front doorknobs of the residents in
29 the area, with such notices providing the licensee's name and
30 telephone number, that licensee's construction crews will be
31 installing cable in the areas.
32 C. All vehicles utilized by licensees in the construction of
33 the licensee's system shall be clearly marked, providing the
34 licensee's name and telephone number, and, if applicable, the CC#
35 as required by Section 10 -4 of the Dade County Code. All personnel
36 employed by licensees in the construction of the licensee's system
37 shall possess identification providing the employee's name and the
38 licensee's name and telephone number.
-39 d. The licensee shall join and maintain a continuous member -
40 ship in U.N.C.L.E. and use its services prior to construction.,
41 Only certified contractors may be utilized for the construction.
42 e. All new pedestals, amplifiers and power supplies
43 installed or worked on by the licensee shall be marked with the
44 name of the licensee. The licensee will make all reasonable
26
1 efforts to ensure that all existing pedestals, amplifiers and power
2 supplies shall be marked during the normal course of business.
Sec. 8 -39. Safety.
4 a. Licensee's work performance, equipment and job sites
5 shall be in compliance with all applicable City, Dade County, State
6 and federal requirements and shall conform to the provisions of the
7 public works manual. A licensee's work, while in progress, shall
8 be properly protected at all times with suitable barricades, flags,
9 lights, flares, or other devices as are required by the Manual on
'10 Uniform Traffic Control Devices (FDOT) or any requirements of the
11 Public Works Department to protect all members of the public having
12 occasion to use the portion of the streets involved or adjacent
13 property.
14 _ b. Licensee shall at all times employ due care and shall
15 install, maintain and use commonly accepted methods and devices for
16 preventing failures and accidents which are likely to cause damage,
17 injuries or nuisances to the public. All structures and all lines,
18 equipment and connections in, ever, under and upon the streets of
19 the City wherever situated or located shall at all times be kept
20 and maintained in a safe, suitable, substantial condition, and in
21 good order and repair.
22 Sec. 8 -40. General standards; signal standards.
23 a. The systems shall pass standard color television and FM
24 signals without abnormal degradation. The system must be capable
25 of delivering all National Television Systems Committee (NTSC)
26 color and monochrome standard signals and designed to provide
27 picture quality of TASO grade 2 or better and superior reliability.
28 b. All new construction, rebuilds and upgrades shall be
29 designed and spaced to have a capacity no less than four hundred
30 fifty (450) megahertz.
31 C. All television signals transmitted on a cable system must
32 include any closed circuit captioning information for the hearing
33 impaired that is available to the licensee.
34 Sec. 8 -41. Technical standards.
35 a. CATV systems shall be installed and maintained in
36 accordance with FCC technical specifications, all State and local
37 regulations, regulations and industry standards as reflected in the
38 Recommended Practices For Measurements On Cablevision Systems,
39 published by the National Cable Television Association.
40
b. Any antenna structure used in
the cable system shall
41
comply with all construction,
marking and
lighting
requirements of
42
federal, State or local laws
and accepted
industry
standards.
27
I c. All construction, installation, and maintenance shall
2 comply with the National Electrical Safety Code, the National
3 Electrical Code, and the Bell System Code of Pole Line
4 Construction.
5 d. Systems shall be maintained in such a manner as to
6 prevent signal leakage from the facilities in excess of the limits
7 specified in applicable rules and regulations of the FCC. The
8 licensee may disconnect any person who, in the licensee's judgment,
9 is contributing to a signal leakage problem.
10 e. Underground construction in streets shall be of such
11 quality as to assure continuity of service without the necessity of
12 frequent street or pavement cutting and shall contain a self -
13 sealing device to insure all such cables against leakage.
14 f. All cables and wires shall be installed, where possible,
15 parallel with electric and telephone lines.
16 g. If the federal law preempting 'City regulation of
17 technical standards is repealed, any technical standards imposed by
18 the City shall be no stricter than the repealed federal standards
19 or generally accepted standards in the cable television industry,
20 whichever are greater.
21 Sec. 8 -42. Inspection and performance tests.
22 a. The City shall have the right to make such inspections as
23 it shall find necessary to insure compliance with terms of this
24 license and other pertinent provisions of law. The City shall
25 have the right to require the licensee to provide and keep accurate
26 calibrated test equipment immediately available for use in the City
27 for the testing of all service and operational standards in this
28 chapter and the licensee shall conduct such tests as requested by
29 the City in order to establish the level of performance of the
30 system.
31 b. The licensee shall advise the City when a proof of per -
32 formance test is scheduled so that the City may have an observer
33 present. The licensee shall maintain test points as required by
34 federal law and shall allow the City to have access to those test
35 points upon reasonable notice and at intervals not more frequently
36 than required by federal law, except for good and substantial cause
37 shown.
38 Sec. 8 -43. Service requirements; equipment for the hearing
39 impaired.
40 A licensee shall make available to its subscribers equipment
41 capable of decoding closed circuit captioning information for the
42 hearing impaired. An additional reasonable charge for any such
43 equipment may be imposed.
M
1 Sec. 8 -44. Standby power.
2 The licensee shall maintain equipment capable of providing
3 standby power for headend, transmission and trunk amplifiers for a
4 minimum of one (1) hour.
5
Sec.
8 -45.
Notice of change in services.
6
The
The licensee shall, to the extent possible,
send written
7
notice to
the City Manager and to all subscribers at
least thirty
8
(30)
days
prior to rearranging, replacing, removing
or retiering
9
services.
To the extent prior notice is not possible;
the licensee
10
will
provide
notice of such a change within a reasonable amount of
11
time.
12
Sec.
8 -46.
Lock -out devices.
13 The licensee shall make available, to any residential
14 subscriber so requesting, a "parental guidance" or "lock -out"
15 device which shall permit the subscriber, at his or her option, to
16 eliminate the audio and visual aspects from any channel reception.
17 An additional reasonable charge for any such device may be imposed.
18
Sec. 8 -47.
A/B switch.
19
The
licensee shall make available, to
any residential
20
subscriber
so requesting,
an input selector
or A/B .switch
21
permitting
conversion from
cable to antenna
reception. An
22
additional
reasonable charge
for any such device
may be imposed.
23
Sec. 8 -48.
Leased access
channels.
24 A licensee must provide commercial or leased access channels
25 to the extent required by State or federal laws.
26 Sec. 8 -49. Emergency override facilities.
27 Licensee shall install and maintain an audio override capacity
28 capable of remote operation on all channels for transmission of
29 emergency messages and alerts. In the case of any emergency or
30 disaster, as determined by the City, licensees shall, upon request
31 of the City, make the override capacity available to the City
32 without charge for use during emergency or disaster periods.
33 Sec. 8 -50. Service to public buildings.
34 Within a reasonable amount of time, but at least within ninety
35 (90) days following the request, a licensee shall be required to
36 provide basic service, with converter or other necessary equipment,
37 without installation or monthly charge to buildings within the
38 City; provided that such buildings are passed by and within five
39 hundred (500) feet of the licensee's existing distribution system
29
I and owned by the City or occupied by a governmental entity for
2 predominantly educational or governmental use, including public
3 schools and other local tax - supported elementary, secondary and
4 college level institutions. The licensee may charge for service to
5 that portion of the building used primarily for residential
6 purposes. Such basic service shall be provided by means of a
7 single drop extending to the facility. Such single drop may be
8 internally extended by the governmental entity without cost to,
9 responsibility of the licensee, subject to the condition that all
10 such internal distribution shall meet all FCC requirements relative
11 to signal leakage. At the request of the City, the licensee shall
12 extend its distribution system or install the additional service
13 outlets in such facilities and shall charge only its time and
14 material costs for such installations. The City shall not require
15 permit fees for such installations.
16 . Sec. 8 -51. City communications facilities.
17 With regard to underground construction, the licensee shall
18 provide and install, in a common trench with its facilities, City
19 services conduit as specified by the City. Prior to installation
20 of any fiber optic cable, the licensee shall notify the City of its
21 intention and, at the City's request, the licensee shall provide
22 and install such additional fiber optic strands or cable as the
23 City specifies for its use. The additional cost to the licensee
24 will be borne by the City. The licensee will not be required to
25 maintain the City equipment and facilities.
26 Sec. 8 -52. Public, educational and government access channels.
27 a. The licensee shall provide and maintain at least one (1)
28 specially designated and noncommercial public access channel
29 available on a first -come, nondiscriminatory basis.
30
b.
The licensee shall provide and maintain, without charge,
31
at least
four (4) specially designated educational access channels
32
for use
and programming by local tax- supported educational
33
authorities in the elementary, secondary and college level fields,
34
as well
as instructional television for adults. Two (2) such
35
channels
shall be made immediately available from the licensee.
36
The other channels shall be made available upon a determination by
37
the City
Manager that the need for additional educational channels
38
exists.
The licensee shall provide such required channels within
39
ninety
(90) days of notification of the City Manager's
40
determination.
41
C.
The licensee shall provide and maintain, without charge,
42
at least
one (1) specially designated government access channel for
43
City government use and programming.
44
d.
At those time segments during which no signals are
45
transmitted over public, educational or government access channels,
30
1 the licensee may utilize such channels for any purpose consistent
2 with the provisions of this chapter.
3 e. The licensee shall endeavor to provide that the signal of
4 each channel required in this section be received at a designated
5 place on the subscriber's channel selector as prescribed by the
6 City Manager, which shall be uniform for every CATV system in the
7 City insofar as technology permits.
8
Sec. 8 -53. Interconnection of cable systems.
9
a. A licensee shall
interconnect the access channels of the
10
cable system with any or
all other cable systems
in contiguous
11
adjacent areas in the City,
upon the directive of the
City Manager.
12
Interconnection of cable
systems may be done by
direct cable
13
connection, microwave link,
satellite, or other appropriate method.
14 _
The City shall not
direct. interconnection
except under
15
circumstances where it can be reasonably accomplished
without undue
16
burden or excessive cost.
17 b. Upon receiving the directive of the City Manager to
18 interconnect, a licensee shall immediately initiate negotiations
19 with the other affected cable system or systems in order that all
20 costs may be shared equally among cable systems for both construc-
21 tion and operation of the interconnection link.
22 C. A licensee may be granted reasonable extensions of time
23 to interconnect or the City may rescind its order to interconnect
24 upon petition by the licensee to the City. The City shall grant
25 said request if it finds that a licensee has negotiated in good
26 faith and has failed to obtain an agreement from the cable system
27 or systems of the proposed interconnection or that the cost of the
28 interconnection would cause an unreasonable or unacceptable
29 increase in subscriber rates.
30 d. A licensee shall cooperate with any interconnection
31 corporation, regional interconnection authority or other County,
32 State or federal regulatory agency which may hereafter be
33 established for the purpose of regulating, financing, otherwise
34 providing for the interconnection of cable systems beyond the
35 boundaries of the City.
36 e. In the event it becomes necessary, the licensee shall
37 make reasonable efforts to ensure any interconnect needed for the
38 simultaneous redistribution of the access channels provided for in
39 this license. Any common costs associated with this interconnec-
40 tion shall be shared among all licensed operators based on their
41 respective weighted pro rata share of all City of South Miami
42 subscribers.
31
I Sec. 8 -54. Records and reporting requirements; access to
2 records.
3 The City shall have access, at all reasonable hours, to books,
4 records, maps, plans, contracts, engineering, accounting,
5 financial, statistical, subscriber and service records relating to
6 the property and operation of the licensee's City system and to
7 such other records as may be required by the City to perform its
8 regulatory responsibilities under this chapter and the calculation
9 of gross revenues used to compute license fees. Such records shall
10 be made available upon reasonable notice at the licensee's local
11 County office. I£ the licensee shall fail to obtain books or
12 records not kept in the local County office, and if the City shall
13 determine that an examination of such records is necessary or
14 appropriate to the performance of any of the City's duties, then
15_ all travel and maintenance expenses necessarily incurred in making
16 such examination shall be paid by the licensee. The City shall
17 have the right to inspect and audit such records as it deems
18 appropriate for the proper administration of this chapter. The
19 City may photocopy records only to the extent that it can protect
20 proprietary information from disclosure under the public records
21 law.
22 Sec. 8 -55. Quarterly reports.
23 a. The licensee shall submit reports to the City quarterly
24 on forms provided by the City. The quarterly reports shall be
25 submitted according to the following schedule: January -March
26 reports due April 25; April -June reports due July 25; . July -
27 September reports due October 25; and October- December reports due
28 January 25 of each year.
29 b. The report shall include, but not be limited to:
30 (1) Number of homes passed and number of cable plant
31 miles;
32 (2) Telephone reports indicating the number of calls
33 received; number of calls abandoned; number of
34 calls receiving a busy signal; where technologi-
35 cally possible, average duration of each call
36 handled by a customer service representative;
37 average length of time each caller waits before
38 speaking directly to a customer service represen-
-39 tative; and number of customer service
40 representatives staffed to handle telephone calls.
41 (3) The number- of total standard installations
42 performed; the number of standard installations
43 performed within seven (7) days; number of service
44 interruptions reported; number of service inter-
45 ruptions responded to within twenty -four (24)
W
I
hours; number of other service problems reported;
2
number of other service problems responded to
3
within thirty -six (36) hours; and all other
4
information necessary to monitor; the licensee's
5
compliance with the consumer standards of this
6
chapter.
7
(4)
Revenue information including but not limited to:
8
Number of subscribers for each type of cable
9
service offered, and the gross revenues from all
10
sources attributable to the operations of the
11
licensee in the City of South Miami stating
12
separately by category each source of revenue and
13
the income attributable thereto.
14
Sec. 8 -56.
Annual reports.
15
a. In
addition to the above, the licensee shall file the
16
following information
with the quarterly report due January 25 of
17
each year.
18
(1)
A summary of the previous year's activities in the
19
development of the system, including but not
20
limited to, services begun or dropped, the previous
21
year's construction activities, and a summary of
22
any policy changes taking effect during the year.
23
(2)
A current copy of the subscriber service agreement,
24
a current list of all rates, charges and available
25
services, a current channel list, a copy of all the
26
licensee's published rules and regulations
27
applicable to subscribers and users of the cable
28
system, and a summary of the licensee's hours of
29
operation.
30
(3)
A summary of subscriber or consumer complaints,
31
identifying complaints by number and category., and
32
their disposition. Where complaints involve
33
recurrent system problems, the nature of each
34
problem, and what steps have been taken to correct
35
it, shall be identified.
36
(4)
A copy of updated maps depicting the location of
37
all trunks, separately identifying those areas
38
where there was construction in the year of the
39
report.
40
(5)
For information purposes only, a listing of
41
licensee's closings or holidays for the year.
33
I b. Within three (3) months of the close of its fiscal year,
2 the licensee shall file an annual report to the City that includes
3 the following information:
4 (1) A list of all persons owning or controlling five
5 (5) percent or more of the stock, partnership
6 shares or assets of the licensee; and a list of any
7 parent corporation, parent entity or holding
8 company that owns, or by ownership of other
9 entities controls, the licensee.
10 (2) If the licensee is a corporation, a list of
11 officers and members of the board.and officers and
12 board members of any parent corporation; and, where
13 a parent corporation's stock is publicly traded,
14 two (2) copies of its annual report.
15 (3) Two (2) copies of each of the licensee's balance
16 sheet applicable to its operations in the County,
17 and a certified special report of gross revenues
18 that shall be specific as to the extent of
19 operations of the licensee within the City. All
20 special reports shall be certified by an
21 independent certified public accountant and
22 prepared in accordance with. Generally Accepted
23 Auditing Standards (GARS) as promulgated by the
24 American Institute of Certified Public Accountants,
25 reflecting the total amount and sources of gross
26 revenue and all payments, deductions, and
27 computations for the period and shall be in
28 sufficient scope to allow independent ascertainment
29 of the licensee's compliance with the franchise fee
30 requirements of this chapter.
31 Sec. 8 -57. Audit.
32 The City shall have the right and authority to inspect the
33 licensee's books and records, at any time under the license, and
34 the right of audit and recomputation of any and all amounts payable
35 under Section 8 -17. All costs associated with any such audit shall
36 be borne by the licensee when said audit results in increasing, by
37 more than five (5) percent, the licensee's annual payment to the
38 City. Upon reasonable notice, such records necessary to perform
39 said audit and recomputation shall be made available to the City at
40 the licensee's County office.
41 Sec. 8 -58. Additional reports.
42 a. A licensee shall notify the City upon any purchase of a
43 SMATV system located within the licensee's priority service area.
34
I b. Copies of all petitions, applications and communications
2 submitted by the licensee to the Federal Communications Commission
3 or any other federal or State regulatory commission or agency
4 having jurisdiction in respect to any matters affecting CATV
5 operations authorized pursuant to a license granted under this
6 ordinance shall also be submitted simultaneously to the City
7 Manager or his designee.
8 C. The licensee shall prepare and furnish to the City, at
9 times and in the form prescribed by the City, such additional
10 reports with respect to its operation, in the discretion of the
11 City Manager, which are reasonably necessary for the administration
12 of this chapter.
13 Sec. 8 -59. Consumer protection provisions; office and
14 telephone availability.
15 a. The licensee shall maintain an office within the County
16 that is adequately staffed and open to the public during all normal
17 business hours. The office shall be opened when the licensee
18 commences construction.
19 b. Each licensee shall maintain a telephone system with a
20 publicly listed telephone number. The telephone system shall be
21 adequately staffed and employ a sufficient number of telephone
22 lines to allow reasonable access by subscribers and members of the
23 public, and shall be so operated that complaints and requests for
24 repairs may be received at any time twenty -four (24) hours a day,
25 each day of the year.
26 c. Knowledgeable, qualified company representatives will be
27 available to respond to customer telephone inquiries Monday through
28 Friday during normal business hours. Additionally, based on
29 community needs, licensees will staff telephones for supplemental
30 hours on weekdays and /or weekends.
31 d. Under normal operating conditions, telephone answer -times
32 by a customer service representative, including wait time, and the
33 time required to transfer the call, shall not exceed thirty (30)
34 seconds. Licensees that utilize automated answering and
35 distributing equipment will limit the number of routine rings to
36 four (4) or fewer. Licensees not utilizing automated equipment
37 shall make every effort to answer incoming calls as promptly as the
38 automated systems. Percent of abandoned telephone calls out of
39 total calls received shall not exceed ten (10) percent, average.
-40 These standards shall be met no less than ninety (90) percent of
41 the time measured on an annual basis based upon the most recent
42 four (4) quarters.
43 e. Under normal operating conditions, the customer will
44 receive a busy signal less than three (3) percent of the total time
45 that the licensee's office is open for business.
tl7
1 f. Customer service center and bill payment locations will
2 be open for transactions Monday through Friday during normal
3 business hours. Additionally, based on community needs, the
4 licensee will schedule supplemental hours on weekdays and /or
5 weekends during which these centers will be open as needed.
6 Sec. 8 -60. Installations, outages and service calls.
7 a. Under normal operating conditions, each of the following
8 four (4) standards will be met no less than ninety -five (95)
9 percent of the time measured on an annual basis based upon the
10 preceding four (4) quarters.
11 (1) Standard installations will be performed within
12 seven (7) business days after an order has been
13 placed; provided the licensee has been able to
14 obtain any necessary easements or other consents
15 necessary to complete the installations.
16 "Standard" installations are up to one hundred
17 twenty -five (125) feet from the existing distri-
18 bution system.
19 (2) Excluding those situations beyond the control of
20 the licensee, the licensee will respond to service
21 interruptions promptly and in no event later than
22 twenty -four (24) hours. Other service problems
23 will be responded to within thirty -six (36) hours
24 during the normal work week.
25 (3) The appointment window alternatives made available
26 for installations, service calls, and other
27 installation activities will be (a) morning,
28 (b) afternoon, and (c) all day during normal
29 business hours. Additionally, based on community
30 needs, licensees will schedule supplemental -hours
31 during which appointments can be set.
32 (4) If at any time an installer or technician is
33 running late, an attempt to contact the customer
34 will be made and the appointment rescheduled as
35 necessary at a time which is convenient for the
36 customer.
37 b. The licensee shall not miss two (2) consecutive service
38 or installation appointments scheduled with a particular subscriber
39 unless rescheduled one (1) day in advance.
40 C. New developments contiguous to the licensee's distribu-
41 tion system shall be wired for cable service within a reasonable
42 amount of time, but at least within one hundred twenty (120) days
43 after the development has reached seventy -five (75) percent
44 occupancy, so long as the construction meets the density require-
36
1 ments of this chapter
and provided
the licensee has been able to
2 obtain any necessary
easements or
other consents necessary to
3 complete the installation. This
section shall not apply to
4 developments that are
already served by another pay television
5 service provider.
6 d. Each licensee shall intentionally interrupt service only
7 for good cause for the shortest time possible. Such interruptions
8 shall occur during periods of minimum use of the system, when
9 practicable. A written log shall be maintained for all service
10 interruptions.
11 e. In the event that total service to any subscriber is
12 interrupted for twenty -four (24) or more hours due to the fault of
13 the licensee, the licensee shall provide 'a credit or rebate to
14 affected subscribers, upon the subscriber's written request, equal
15 to twenty (20) percent of the monthly fees for each twenty-four-
16 hour period during which the subscriber is without service. In the
17 event that total service to any subscriber is interrupted for six
18 (6) or more hours, the licensee shall provide a credit or rebate to
19 affected subscribers, upon the subscriber's request, equal to one -
20 thirtieth of the monthly bill. For purposes of computing the time
21 of interrupted total service, the time shall begin when a complaint
22 for interrupted total service is received by the licensee or when
23 the licensee has actual or constructive notice of the interruption,
24 whichever occurs first. Nothing in this subsection limits the
25 licensee from applying a rebate policy more liberal than the
26 requirements.
27 f. In all situations where cable service is disrupted to two
28 hundred (200) or more subscribers for a time period greater than
29 four (4) hours, the licensee shall notify the City Manager or his
30 designee immediately.
31 g. All field employees must carry identification indicating
-32 their employment with the licensee.
33 h. Upon termination of service to any subscriber, the
34 licensee shall promptly remove all portions of its system,
35 facilities and equipment from the subscriber's premises upon his
36 request. Where removal is impractical, such as with buried cable
37 or internal wiring, facilities and equipment may be disconnected
38 rather than removed.
39 Sec. 8 -61. Communications, bills and refunds.
40 a. The licensee will provide written information in each of
41 the following areas at the time of installation and at any future
42 time upon request:
43 (1) The products and services offered;
37
1 (2) Prices and service options;
2 (3) How to use the cable service;
3 (4) Installation and service policies;
4 (5) The licensee's procedures for the receipt and
5 resolution of customer complaints, the licensee's
6 address and telephone number to which complaints
7 may be reported,-and the hours of operation;
8 (6) The telephone number and address of the City's
9 office designated to handle cable television
10 complaints and inquiries;
11 (7) The availability of the "lock -out" device required
12 _ by this chapter;
13 (8) The availability of an input selector, or A/B
14 switch, and identification of those local broadcast
15 stations not carried on their system;
16 (9) The licensee's information collection and
17 disclosure policies for the protection of a
18 subscriber's privacy.
19 The information in subsections (5) -(9) above will be provided to
20 each subscriber annually. The licensee will provide prompt
21 notification to the City and to each affected customer of any
22 material change in any of the above.
23 b. Bills will be clear, concise, and understandable.
24 C. Refund checks will be issued promptly, but no later than
25 the earlier of forty -five (45) days or the customer's next billing
26 cycle following the resolution of the request, and the return of
27 the equipment supplied by the licensee if service is terminated.
28 d. All customers and the City will receive written
29 notification a minimum of thirty (30) days in advance of any rate
30 or channel change, provided the change is within the control of the
31 licensee.
32 e. The licensee shall, within seven (7) days after receiving
33 written request from the City, send a written report to the City
34 with respect to any particular consumer complaint. The report to
35 the City shall provide a full explanation of the investigation,,
36 findings and corrective steps taken by the licensee.
38
I Sec. 8 -62. Privacy /use of data.
2 The licensee shall comply with all federal and State laws
3 regarding collecting, storing and disseminating of individual
4 subscriber information, and shall operate the system in a manner
5 that protects against invasions of any person's privacy and
6 protects the privacy of data services and data signals over the
7 system.
8
Sec. 8 -63.
Rates.
9
a.
The licensee must give
thirty (30) days prior written
10
notice to
the City Manager and
all affected subscribers of any
11
pricing changes or additional
charges, excluding temporary
12
marketing
and sales discounts or
offers. The licensee may reduce
13
the price
at any time.
14 b. At any time the licensee increases the rate for basic
15 service within a single calendar year by more than the greater of
16 seven (7) percent of the increase in the Consumer Price Index in
17 the previous twelve (12) months, the City Manager may require the
18 licensee to have an audit performed by an independent certified
19 public accountant agreed upon by the City. The expense of the
20 audit shall be shared equally by the City and the licensee. The
21 required audit shall be submitted to the City within thirty (30)
22 days following the effective date of the rate increase. The audit
23 shall identify those significant factors that prompted the decision
24 to increase rates and the extent to which those factors are
25 reflected in the actual amount of the increase.
26 Sec. 8 -64. Discontinuing or denying service.
27 a.' The licensee may discontinue service to a subscribers who
28 fails to pay installation fees or monthly service charges when due.
29 Before disconnecting service, the licensee must send the subscriber
30 at least seven 0) days prior written notice that. service will be
31 disconnected if payment is not received.
32 b. Licensee may deny service to any subscriber where such
33 subscriber has previously been a subscriber of licensee and the
34 licensee previously terminated the subscriber's service due to
35 nonpayment.
36 Sec. 8 -65. Discriminatory practices prohibited.
37 a. A licensee must not deny, delay or otherwise burden
38 service or discriminate against subscribers or users on the basis
39 of age, race, creed, religion, color, sex, handicap, national
40 origin, marital status, or political affiliation, and must not deny
41 cable service to any potential subscribers because of the income of
42 the residents of the area in which the subscribers reside.
M
1 b. A licensee must not refuse to employ, nor discharge from
2 employment, nor discriminate against any person in compensation or
3 in terms, conditions or privileges of employment because of age,
4 race, creed, religion, color, sex, handicap, national origin,
5 marital status, or political affiliation.
6 c. A licensee must comply at all times with the Equal
7 Employment Opportunity provisions and reporting requirements
8 contained in federal law. A copy of the licensee's annual report
9 required by the FCC shall be submitted simultaneously to the City.
10 Sec. 8 -66. Theft, vandalism, tampering; violation.
11 It is unlawful and a violation of this chapter to:
12
a.
Willfully obtain or attempt to obtain cable services or
13 _
cable related services from another by means of artifice,
14
trick, deception, or device without payment to the
15
operator for such services of all lawful compensation due
16
for each type of services unlawfully obtained.
17
b.
Willfully assist any other person in obtaining or
18
attempting to obtain any cable service or cable related
19
services without payment to the cable operator of such
20
services of all lawful compensation due for each type of
21
services unlawfully obtained.
22
C.
Willfully tamper or otherwise interfere with or connect
23
to by any means, whether mechanical, electrical,
24
acoustical, or other, any cable, wires, or other devices
25
used for the distribution of cable services or cable
26
related services without actual authority from the
27
operator of such services.
28
d.
Willfully sell, rent, or lend, or promote or advertise
29
for sale, rental or use, any device or any plan to any
30
person with the knowledge that the person intends to use
31
such device or plan to commit any of the acts set forth
32
in paragraphs a, b, and c, whether or not such device or
33
plan actually has the ability to facilitate the
34
commission of any acts set forth in paragraphs a, b, and
35
C.
36
e.
Willfully sell, rent, or lend, or promote or advertise
37
for sale, rental, or use, without authority from the
38
operator of such cable services or cable related
39
services, any device which is electronically capable of
40
decoding cable system signals which have been encoded by
41
a cable operator or any person under contract with such
42
operator.
40
I Sec. 8 -67. Prima facie evidence.
2 The presence on property, in the actual possession of a
3 person, of any device or alternation which effects the diversion or
4 use of cable services or cable related services without such
5 services being reported for payment to, and specifically authorized
6 by, the cable operator shall be prima facie evidence of a violation
7 of this section; however, this presumption shall not apply unless:
8 a. The presence of such a device or alteration can be
9 attributed only to a deliberate act in furtherance of an
10 intent to avoid payment for such service; and
11 b. The person charged has received the direct benefit of the
12 reduction of the cost of such services; and
13 C. The recipient of such services has received the benefit
14 of such services for at least one full billing cycle.
15 Sec. 8 -68. Confiscation.
16 Any law enforcement agency having jurisdiction shall have the
17 authority to confiscate any and all such instruments, apparatus,
18 equipment, devices, instructions, and plans described in Section 8-
19 66, including any materials, tools, machinery, or equipment used to
20 manufacture or produce such instruments, apparatus, equipment
21 devices, instructions, and plans, and, upon conviction for
22 violation of the provisions of this section such instruments,
23 apparatus, equipment, devices, instructions, and plans, together
24 with all such materials, tools, machinery, and equipment used to
25 manufacture or produce same, shall be destroyed or otherwise
26 disposed of by order of court.
27 Sec. 8 -69. punishment; civil damages; remedies nonexclusive.
28 a. Any person who willfully violates Section 8 -67 shall be
29 subject to a five hundred dollar ($500.00) fine and thirty- (30)
30 days in jail for each violation.
31 b. Whoever is found in a civil action to have violated the
32 provisions of Sections 8 -66 through 8 -69 shall be liable in actual
33 and punitive damages to the licensee involved or may be subject to
34 injunction, or both, and, upon judgment in favor of the licensee,
35 such licensee shall also be entitled to recover all costs of such
36 action, including all appellate proceedings, together with
37 reasonable attorney's fees.
38 C. The provisions set forth herein are in addition to any
39 remedies or sanctions of any other local, state, or federal law.
41
Sec. 8 -70. Performance evaluation.
2 a. The City Manager may conduct periodic performance
3 evaluations of a licensee. A licensee shall cooperate with these
4 evaluations. If the City implements.a survey of cable subscribers
5 in connection with a performance evaluation, the City may require
6 a licensee to distribute the City's questionnaire to its
7 subscribers at the City's expense.
8 b. At the conclusion of the evaluation, the City Manager
9 shall issue a report to the Commission of the results of any
10 performance evaluation together with, if necessary, any
11 recommendations for methods to improve a licensee's performance
12 under the license or this chapter.
13 Sec. 8 -71. Enforcement; settlement authority, notice and cure
14 _ provisions.
15 a. Provisions of this chapter will be enforced by the City
16 of South Miami Code Enforcement Board. The Code Enforcement Board
17 shall apply the schedule of penalties in Chapter 8CC of the Dade
18 County Code. The City Manager or his designee is hereby authorized
19 to resolve by settlement any notice of violation of this chapter
20 issued pursuant to Section 2 -24 of the City of South Miami Code of
21 Ordinances. In deciding to settle a dispute over an alleged
22 violation, the City shall consider: (1) the probability of success
23 in proving the violation; (2) the nature and seriousness of the
24 violation; (3) the licensee's .past history concerning similar
25 violations; (4) mitigating factors, and (5) the licensee's success
26 in resolving this dispute with affected'subscribers.
27 b. Prior to issuing a notice of violation pursuant to
28 Section 2 -24 of the City of South Miami Code of Ordinances, the
29 City will provide the licensee with notice and opportunity to cure.
30 The notice shall state the Code section alleged to be violated,
31 factual basis of the violation, the amount of the civil penalty,
32 and the time period allowed to cure the violation without incurring
33 a civil penalty. This notice and cure provisions will apply only
34 to the subsections (1), (2) and (3) listed below.
35 (1) Licensee shall have a notice and opportunity to
36 cure time period of no less than seven (7) days for
37 violations of the following provisions:
38 Section 8 -37(g) Burying drop cable
39 (2) Licensee shall have a notice and opportunity to
40 cure time period of no less than thirty (30) days
41 from violations of the following provisions:
42 Sections 8 -22; 8 -23 Maintaining insurance
43 Sections 8 -24; 8 -25 Maintaining performance bond
EEI
I Section 8 -28 Submission of construction plan
2 Section 8 -38(d) Membership in UNCLE
3 Section 8 -43 Equipment for the hearing impaired
4 Section 8 -47 Providing A/E switch
5 Section 8 -50 Service to public buildings
6 Sections 8- 54;8 -55;
7 8 -56 Recording and reporting
8 Section 8 -59(a) Maintaining an office
9 Section 8 -59(b) Maintaining 24 -hour telephone system
10 Section 8 -59(c) Maintaining office hours
11 (3) Licensee shall have a notice and opportunity to
12 cure time period of no less than sixty (60) days
13 for violations of the following provisions:
14 Section 8 -28 Construction and time limitations
15 Section 8 -44 Standby power
16 _ - Section 8 -52 Providing educational and government
17 access channels
18 Section 8 -60(c) Extending service to new developments
19 Sec. 8 -72. Further remedies.
20 a. If the City determines that the licensee fails to conform
21 to the required telephone standards in Section 8 -59(d) and (e) for
22 two (2) consecutive quarters:
23 (1) The City Manager may require the licensee to
24 provide the City with a communication traffic study
25 within sixty (60) days of notice. The study will
26 be conducted on all customer service trunk lines
27 and must include information on the efficiency of
28 the communication system measured from the
29 telephone company's central office, as well as
30 other performance information available from the
31 licensee's communication equipment. The study must
32 provide information that confirms that the
33 licensee's communications system is properly
34 trunked and staffed to meet the requirements of
35 this chapter using generally accepted telephonic
36 engineering standards.
37 (2) Based upon the findings of the traffic study that
38 additional personnel are needed and other relevant
39 considerations, the City Manager may require the
40 licensee to staff a minimum specified number of
41 customer service representatives to handle
42 telephone calls. The minimum number shall be one
43 (1) such customer service representative for each
44 one hundred (100) calls received daily. For
45 purposes of this calculation, the number of calls
46 shall be the median number of calls received on a
47 daily basis for the two (2) consecutive quarters
48 during which the standards were not met. If,
43
I following a City order
for minimum
staffing
2 requirements, the licensee's
performance
meets the
3 required telephone standards for any
two (2)
4 consecutive quarters, the
City will rescind
its
5 minimum staffing order
provided the
licensee
6 continues to conform to
the required
telephone
7 standards.
8 b. In addition to or instead of any other remedy, the City
9 may seek legal or equitable relief from any court of competent
10 jurisdiction.
11 e. Failure of the City to enforce any requirements of a
12 license or this chapter shall not constitute a waiver of the City's
13 right to enforce subsequent violations of the same type or to seek
14 appropriate enforcement remedies.
15 Sec. 8 -73. Termination; right of termination.
16 The City reserves the right to suspend, terminate and cancel
17 a license and all rights and privileges of a licensee after the
18 process pursuant to this section for just and reasonable cause or
19 in the event that any one of the following occurs:
20 a. The licensee, after sixty (60) days notice of a violation.
21 sent by certified mail by the City, continues to violate
22 any material provision of this chapter or any rule
23 pursuant to this chapter, except if such violation by
24 licensee is without fault or through excusable
25 negligence.
26 b. The licensee becomes insolvent, unable or unwilling to
27 pay its debts, or is adjudged bankrupt.
28 C. The licensee practices any fraud or deceit upon the City
29 in connection with its responsibilities under its
30 license.
31 d. The licensee fails to commence -any required construction
32 within one (1) year from the effective date of its
33 license.
34 e. The licensee fails to substantially complete construction
35 pursuant to the requirements of this chapter within the
36 time required by its license.
37 Sec. 8 -74. Procedures for termination.
38 The license may be terminated in accordance with the following
39 procedures:
44
I
a.
The City Manager shall notify the licensee in writing of
2
the exact nature of the alleged violation constituting a
3
ground for termination and give the licensee sixty (60)
4
days, or such other greater amount of time as the City
5
Manager may specify, to correct such violation or to
6
present facts and argument in refutation of the alleged
7
violation.
8
b.
If within the designated time the licensee does not
9
remedy and /or put an end to the alleged violation, or if
10
corrective action is not being actively and expeditiously
11
pursued, the Commission, after a public hearing, may
12
direct the termination of the license if it determines
13
that such action is warranted.
14
C.
Prior to the public hearing, the Commission may order an
15-
administrative hearing. The City Manager shall initiate
16
an administrative proceeding by issuing a hearing order
17
which establishes the issues to be addressed in the
18
hearing and the procedures to be followed, and the
19
Manager shall appoint a presiding officer for the
20
hearing. Upon completion of the hearing, the presiding
21
officer shall issue a recommended decision. Parties to
22
the hearing and the public shall have thirty (30)
23
calendar days to comment on the recommended decision
24
after its issuance. Within thirty (30) days after the
25
receipt of comments, the City Manager may submit
26
recommendations to the Commission on whether to terminate
27
the license.
28
d.
Following the public hearing the Commission shall
29
determine whether or not to revoke the license based on
30
any recommended decision, the evidence and argument
31
presented at the hearing, any recommendations of the City
32
Manager, and other evidence of record. The Commission's
33
determination shall be reflected in a written opinion
34
setting forth the reasons for its decisions.
35
e.
Any license may, at the option of the City following a
36
public hearing before the Commission, be revoked one
37
hundred twenty (120) calendar days after an assignment
38
for the benefit of creditors or the appointment of a
39
receiver or trustee to take over the business of the
40
licensee, whether in a receivership, reorganization,
41
bankruptcy assignment for the benefit of creditors, or
42
other action or proceedings, unless within that one -
43
hundred- twenty day period:
44
(1) Such assignment, receivership or trusteeship has
45
been vacated; or
45
1 (2) Such assignee, receiver or trustee has fully
2 complied with the terms and conditions of this
3 chapter and the license hereunder and has executed
4 an agreement, approved by the court having
5 jurisdiction, assuming and agreeing to be bound by
6 the terms and conditions of the license.
7 f. In the event of foreclosure or other judicial sale of any
8 of the facilities, equipment or property of the licensee,
9 the City may revoke the license, following a public
10 hearing before the Commission, by serving notice upon the
11 licensee and the successful bidder at the sale, in which
12 event. the license and all rights and privileges of the
13 license will be revoked ninety (90) calendar days after
14 serving such notice, unless:
15 (1) The City has approved the transfer of the license
16 to the successful bidder; and
17 (2) The successful bidder has covenanted and agreed
18 with the City to assume and be bound by the terms
19 and conditions of the license.
20 Sec. 8 -75. Removal and restoration; removal required.
21 To the extent that it is determined to be in the interest of
22 the health, safety, and welfare of the public a licensee shall,
23 upon notice, promptly remove from the streets or public places all
24 portions of the system and poles of such system.
25 Sec. 8 -76. Restoration required.
26 a. In the event of such removal as referenced herein, the
27 licensee shall promptly and reasonably restore the street or other
28 area from which such property was removed to the condition existing
29 prior to the disruption of the street or other area.
30 b. If a licensee fails to properly and promptly restore the
31 area, the, City, at its election, may restore the area and cause
32 forfeiture of the permanent performance bond in order to reimburse
33 the City for any costs and expenses it incurs for restoring the
34 area.
35 Sec. 8 -77. Continuity of service.
36 a. It is the right of all subscribers to receive all
37 available services from the licensee as long as their obligations
38 to the licensee are satisfied. It is a violation of this chapter
39 for the licensee to terminate service or fail to provide service to
40 its system for more than forty -eight (48) consecutive hours. This
41 section does not apply to acts of God or acts of war.
46
I b. In the event of a termination or transfer of a license
2 for whatever reason, the licensee must do everything in its power
3 to ensure that all City subscribers receive continuous
4 uninterrupted service regardless of the circumstance. If
5 necessary, to ensure continuity of service, the licensee must
6 cooperate with the City to operate the system for a temporary
7 period not to exceed six (6) months. Revenues accrued during that
8 period of time shall be received by the operator.
9 Sec.8-78. Appeal.
10 a. All decisions of the City Manager may be appealed within
11 thirty (30) days by filing a written notice of appeal with the City
12 Clerk and providing copies to the City Manager and City Attorney.
13 The notice of appeal shall state the decision which is being
14 appealed, the grounds for the appeal, a brief summary of the relief
15 which is sought and be accompanied by a nonrefundable fee of one
16 hundred dollars ($100.00) to cover the cost of processing. The
17 Commission shall conduct a public hearing at which time they may
18 affirm, modify or reverse the decision of the City Manager. The
19 City Manager shall notify any party who has filed a written request
20 for such notification of the date when the matter will be presented
21 to the Commission. Nothing contained herein shall preclude the
22 Commission from seeking additional information prior to rendering
23 a final decision. The decision of the Commission shall be in
24 writing and a copy of the decision shall be forwarded to the City
25 Manager and the appealing party.
26 b. Within the time prescribed by the appropriate Florida
27 Rules of Appellate Procedure, a party aggrieved by a decision of
28 the Commission may appeal an adverse decision to the Circuit Court
29 in Dade County, Florida. The party making the appeal shall be
30 required to pay to the City Clerk the sum of one hundred dollars
31 ($100.00) to defray the costs of preparing the record on appeal.
32 Sec. 8 -79. Force majeure.
33 In the event the licensee's performance of any of the terms
34 and conditions or obligations required by this chapter is prevented
35 by a cause or event not within the licensee's control, such
36 inability to perform shall be deemed excused and no penalties or
37 sanctions shall be imposed as a result thereof; provided, however,
38 that such inability to perform shall relieve the licensee of its
39 responsibility to provide enhanced credits and rebates pursuant to
40 Section 8- 59(e),_,but shall not relieve a licensee from its general
41 obligations to provide pro rata credits or rebates for interrup-
42 tions in service. For the purpose of this section, causes or
43 events not within the control of the licensee shall include without
44 limitation acts of God,' strikes, sabotage, riots or civil
45 disturbances, restraints imposed by order of a governmental agency
46 or court, explosions, acts of public enemies, and natural disasters
41 such as floods, earthquakes, landslides and fires, but shall not
47
Ordinance No 13 -95 -1586
1 include financial inability of the licensee to perform or failure
2 of the licensee to obtain any necessary permits or licenses from
3 other governmental agencies or the right to use the facilities of
4 any public utility where such failure is due solely to the acts or
5 omissions of the licensee, or the failure of the licensee to secure
6 supplies, services or equipment necessary for the installation,
7 operation, maintenance or repair of the cable communications system
8 where the licensee has failed to exercise reasonable diligence to
9 secure such supplies, services or equipment.
10 Sec. 8 -80. City's right of intervention.,
11 The City hereby reserves to itself and the licensee
12 acknowledges the City's right to intervene in any suit, action or
13 proceeding involving the license granted hereunder or any provision
14 in this chapter.
15
16 Section 2. If any section, subsection, clause, or
17 provision of this chapter is for any reason held invalid, the
18 remainder of this chapter shall not be affected by such invalidity.
19 Section 3. All ordinances or parts of ordinances in
20 conflict with the provisions of this ordinance are hereby repealed.
21 Section 4. This ordinance shall take effect ediately at
22 the time of its passage.
23 PASSED AND ADOPTED this s° day of Sept er, 1995.
24 APPROVED: C
25
26 MAYOR Nei arver
27 ATTES
28 � MAYOR CARVER YFA NAY
29 CI Y CLERK Ronet t aylor VICE WIYOR YOU14G YEA NAY
1st Reading 8/15/95 2nd Reading 9/1595 M&II[SWNERBASS YEA _i/v NAY
30 READ AIM APPROVED AS TO FORM: G0(WISSIONERCOOr'ER YEA 1AY_
COPdMISSIONERCUNNINGHAM YEA NAY
.31
32 CITY ATTORNEY Earl G. Gallop
cabletv3.ord
EGG: . /ego /z /x /z
8/31/95
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