ORD1983466AN ORDINANCE TO CREATE SECTION 12.20 OF CWER 12 OF TH!I MUNICIPAL
CODE OF CITY OF WSWXQ
( Re: Cable TI Franchise)
THE coM.1oN COUNCIL OF ?w: CITY OF MUSKEGO, WAWHA COUNIY
WISCONSIN, Do ORDAIN AS FOLuxllS:
Section 1: Section 12.20 of Chapter 12 of the Ehrnicipal
Code is hereby created to read as follows
ordinance to grant to Ingersoll Cable Corporation (1 .C.C.), a wholly
12.20 Cable TV franchise (1) It is the purpose of this
med subsidiarv of Imersoll Industries. Inc.. lake Forest, Illinois
a non-exclusivg franchyse to constrxt, kintain, and operate a CAW system
in the City of Muskego, Wisconsin and to set forth the obligations and
rights of the City and Grantee accmpanying said grant.
the "City of Muskego Cable Franchise Ordinance" and shall become
Section 12.20 of the Mmicipal Code of the City.
(2) This Ordinance shall be known, and may be cited as
(3) Defintions. For the purpose of this Ordinance, the 0 following terms, phrases, Words and their derivations shall have
meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
mber include the singular nmber, and words in the singular nmber
include the plural mkr. The word "shall" is always mndatory and not
merely directory.
duly appointed designate thereof.
(a) "City" means the City oE Muskego, Wisconsin, or any
the City or any successors to the legislative powers of said body, or
any duly appointed designate therecsf.
(b) "Comnon Council" means the present governing body of
(c) "Cable System","Cable CcmrwLications System" or "C4W
System" means a system, located within the City of Muskego only, of
antennas, coaxial cables, wires, wwe guides, or other conductors,
eletronic equipnt or facilities designed, constructed or used for
the production of television signal.s, interception and receipt of
television or radio signals direct1.y or indirectly off the air, and
the distribution or transmission of such signals and other cmications
SCTV~C~S by means of cable or other. similar devices to subscribers. 0" 3 any purpose the cable service of thc Grantee.
(d) "Subscrihcr" mans any person or entity receiving for
I
corporation, company or organization of any kind.
(e) "Person" mans my person, fim, partnership, association,
wholly owned subsidiary of Ingersol.1 Imlustries, Inc., Lake Forest, Illinois.
( C) "Grantee" means ::ngersoll Cable Corporation (I.C.C. ), a
(g) "Gross receipts" means total receipts of the Grantee
of money or i.ts equivalent whlch the Grantee has received for providing
basic service to its subscribers, -including incm €ran pay cable,
actually paid by subscribers and received by the Grantee shall be
advertising and leased access to the City; provided that installation charges
I excluded frcm gross receipts in determining payments due to the City.
(h) "Channels" means a group of frequencies in the electrc-
mgnetic spectm capable of carrying an audidta or an audic-visual
televisionsignal. Each channel is
block of frequencies containg 6MHz bandwi&h
to a Irequency not susceptible to interference with the television
receiver of a subscriber to vi~ew all signals del.ivercd at the designated dial
locations.
(i) "Converter" mean; an electronic device converts signals
( jl "Basic service" mans the simultaneous delivery by
broadcast television channe1.s which are required to be provided by
the Grantee to television receivers, of those broadcast and non-
suhsections (71 (b) l., (71 (b)2 .,(71 (bl3. (71 (hl 4. of this Ordinance.
(kl "Additional servic:e" means a service provided by the
Grantee other than a basic service.
(1) "Franchise" means the right, privilege, and authority
granted by this Ordinance to construct, mintain and operate through
@ use of public streets of t!w Cicy.
(ml "Street" mans any street, alley or othcr public
right of way in the City.
(n) "User" means a person utilizing a channel for
plrposes of production or transmission of material, as contrasted with
receipt thereof, in a suhscrihcr capacity.
(o)"'Ihe Grantee's sys1:em" or "the system" or "the cable system"
Grantee pursuant to the franchise granted herein.
or "the CATV system" means the CATV system constructed or operated by the
(p) "Access channels" means the channels hich the Grantee is
Ordinance.
required to provide by subsections (71 (bl2 , (71 (bl 3,(71 (b)L of this
(q) "Educatioml acce,js channel" means that channel which the
Grantee is required to provide by SlJbSeCtiOns ( 71 (b)2 of this Ordinance.
(1-1 "micipal access channel" or "govemnt access channel"
means that channel which the Grante'z is required to provide by
subsection (71 (bl 3 of this Ordinance.
(s) "FCC" means the Fzderal Cmications Carmission.
(tl "To mnitor" means to observe a one-way or two-way
cammications signal without the express prior consent of the subscriber
receiving or sending said cmication signal, whether said signal
is observed by visual or electronic means, €or any purpose whatsoever.
(41 Use of City Streets. (a1 Grant of Authority.
and franchise to construct, operate ad mintain a CATV system in the streets
1. There is hereby granted by the City the right, privilege
of the City for a period of fifteen (151 years, this time period to begin
one mth after the passage, acceptance and effective date of this Ordinance,
subject to the rights, obligations, conditions an? restrictions as hereinafter
provided.
2. The right to use and occupy saii: streets for the purpose herein
set forth shall not be exclusive ard the City reserves the right to grant
a similar use said streets to any person at any time during the period
of this Ordinance.
3. ?his Ordinance ad the franchise awarded pursuant to the
terms of this Ordinance shall re1at.e to and cover the entire present territorial
limits of the City and any area hereafter annexed thereto during the term of the
franchise. The initial service area is shm on attached mp (Exhibit A)
(bl Expiration ol the! Grant. 1. After the expiration of the
term for which the franchise is granted, the City shall have the right 4 the CAW system pcnding the decision of the City as to the future maintenance
to determine whether the Grantee shall continue to operate and maintain
and omration oll the system. e 2. Upon the expiration of this franchise, the City shall have the
right to purchase the Grantee's cable system. Should the City decide to purchase
said cable system, it shall do so at a price not to exceed its fair value.
and intangible property, as well a:; the salvage valuc, the hk value, the
In determining the fair valuc nf the system, the origiml cost of all tangible
replacement cost, cash flow, and orher factors my bc consi~dcred. Under no
circmstsanccs shall any va1.wtion be made for "gootl will" or for any right or
priv,lage granted by this franchise Ordinance. Payment for the cable
system shall be rendered to the Grantee within 120 days after the City has
exercised its right in this area. 0 3. In the event that the City elects to purchase said cnble
system, or the franchise to operate said cable system is awarded to
a new Grantee, upon expiration of this franchise the Grantee shall
sell the system to the City or to the new Grantee, whichever is
applicable. The price .for such sale shall be the fair value of the
system, as defined in subsection 2, of this section.
system during the lnter year13 of the permit, rind provided thRt all
4. In order to assure necessary or required investment in the
terms and provlsiomof this Ilrdinnnce are followed by the Gruntec
throughout the term of this Ordinance, and as feasible, the City
shnll mnke all rensonable efforts to assist the Grant00 in finding
buyer for its cable system upon oxpiration oP this franchise in
the case that this franchise is not extended or renewed for the
current Grantee.
(c) Conditions Regarding Street Use. 1. All transmission and
distribution structures, lines and equipment erected by the Grantee
within the City shall be located so as not to interfere with the
proper use of streets, alleys, and other public ways and places,
Convenience Of property owners who adjoin any of the said streets,
alleys or other public ways and places, and not to interfere with
existing public utility installation. All installations shall be
underground in those areas o'f the City where either of tho public
utilities providing telephon,e or electric service are underground
at the time of installntion. In areas where both telephone and
clectrlc utility distribution facilities are above ground at the
timc of the instnllstion thc! Grantee may install its facilities
iibovc' round but in such case the Grantee to the maximum extent
possible and subject to approval by the affected public utility,
shall place 1~s facllltles on the poles of said public utilities.
If, subsequently, said tolephone or electric utility facilities go
underground, the Pncilities of the Grnntee shall go underground
slmultaneously. The use by the Grantee of any facilities Or
lttstallntiolla of n tolophona3 or electric utility and Lhe conditions
of said uses shall be determined by negotiations between the Grantee
and said utility.
0 and to cause minimum interference with the rights or reasonable
way, or other surfacing, the Grantee shall, at its own expense, and
tildewalk, drivewny, or othe:? surface of any street or alley disturbed.
~n the manner provided by the City, replace and restore all paving,
2. In case of any disturbance of pavement, sidewalk, drive-
City shall lawfully elect to alter or change the grade or location
3. If at any time during the period of the franchise the
of any street, alley or other public way, the Grantee shall, upon
renuonable notice by the City, remove, relny and relocate its pole&,
wires, cables, and underground fixtures at its own expense, and in
each instance comply with t:ne requirements of the City.
4. The Grantee shall not place poles, conduits, wires or
other facilities above or below ground where the same will interfere
with or endanger any gas, electric Or telephone facilities. water
hydrant or other utility, nor ahall the Grantee place poles, conduits,
wires or other facilities above or below ground in a manner which
results in the public utility facility violating nny applicable
safety statute, ordinance or administrative regulation.
5. The Grantee shall, on request of any person holding a
moving permit issued by the City, temporarily Inwe its wires or
fixtures to permit the moving of buildings, the expense of such
temporary removal to be paid by the person requesting the same,
nnd the Grantee shall be given not lees than forty-eight (48) h@urs
advance notice to arrnnye for uuch temporary chanBee.
.. ~ .. ." - ~~ " ..
6. The Grantee shall have any authority that the city has
to give to trim any trees up0.n und overhanging the strewts, alleys,
of such trees from coming in contact with the wires and cables of the
sidewulks urd public places of the City so uti to prevent the branches
Grurltee, excupt that at the option of the Cily, such trimming may be
dono by it, or under its supervlslon rind dlruclion, ut Llra uxpanse and liubility of the Grantee.
(d) Hornovul of Equ:,pnlant, 1. Following tho Grurlcu's comniencc-
-
tilcllt oP service through aud over its CATV systcw tllc G~LIIICC'. upon reque:
of the City Common Council, shall, iollowillg u public hcaring held pur-
suant to subsection (13) of 1:liis Ordiliancc, proml~tly relwve from the
public streets and other pub.lic ways where its propcrtics are located a1
or any of the Pacilitleti so :located when olle or fwrc of the following m enumerated conditions occur: -
of the service18 required in this Ordinance for a
a, The Grantee ceases to provide a substantial amounl
continuous period of six months,
b. The Grantetl fails lo construct auld system us
provided herein I
c. The franchise expires, or is revoked pursuunt to
notice, a8 provided herein.
notices In writing from the City delivered to tho local office of
2. Provided that tho Grantee shall be entitled to receive
the Grantee setting forth on13 or more of the occurrencee hereinRbove
enumerated.
(e) Joint Use by City and Utilities. 1. The Grantee may be
required by the City to permit joint use of its property and
appurtonances located in the streets, alleys, or other public ways
of the City, by other utilities insofar as such joint use may be
reasonably practicable and upon payment of reasonable rental there-
lore, provided that in the absence of agreement regarding such
jolnt use, the City Common C:ouncil shull provide for arbitration
of the terms and conditions of such joint use and the compensation
to be paid therefrom, which award shall be final.
2. The City shall have the right, during the term of this
[ranct~lse, to insto11 and niaintaln free of charge upon the
property of the Grantee its own equipment, including, but not
11rnltt.d to, a police alarm System, on the condition that such
eoui~ment does not unreasooablv interfere with the CATV operations
- ..
a oi the Grantee.
-
(5) Inltiul System Instullatiop Schedule. (LL) Obllgatlons
uf thtj Grantee. 1. The Gruntee shal1,'withln thirty (30) dnys
from the dote hereof, make application to the Federul Communications
Conunission for a registratiasn for the establishment of a cuble
of LL microwave fucility to lmport permissible signals, and the Grantee
trlevltilon syutem in the City and, if necessary, for the utilization
shall prosecute such applica,tion diligently and faithfully in order
thai necessary approvals car1 be obtained in the shortest possible
tlme. The City reserves the) right to intervene in said application
lor a registration, and the Grantee shall pay all expenses Incurred
by the Clty in connection w:Ith the submission and defense of an
appllcatlon f0r.o registratlon filed with the FCC by the Grantee,
hereof, begin negotiations with utility cOmpnni6s for facility
2. The Grantee shall, within thirty (30) days from the date
a lease agreements,
1 3. Prior to the cc~mencttmellt of construction and prior to
Corunlssion for estubllshment of the system, the Grantee shall conduct
receipt of final upprovals; from the Federul Corlunutllcatlons
the necessary enpineering studies so that the constructiun can com-
mence immediately upon firlnl approval of thw Fuderu1 Co~~u~~u~~icutions
Commisuion.
~ " - ." . ___
4. The Grantee shall, wtthin sixty (60) duyu lroln 1110 dutt,
hereof, bugin prelimlnury ttnglnkwring of tito polu llne route and
electronic lnyoutbl, begin negotintions for COIMIUII carrier Inlcrowavc
contrncts, nnd initiate engineering survey8 lor the receiving site
nnd building locations of the Grttntee's CATV b:ysleln. 0
television system no later than thirty (30) duys alter the execution
of pole attachment agreements and receipt of final upproval from
the Federal Communication8 Cornmission to establish a cable television
system and utilize a microwave facility to import permissible
signals.
5. The Grantee shall commence constructlon of the cuble
- - ~. " a 6.lngersoll Cable Coporatioll WIII begin construction of the cable
Grantee will have a minim of 25% of the cable system canpleted within four (L) system within one week of acceptance and elfective date of this Ordinance. The
months, assuming that the weather for this four month period is acceptable for
underground construction. Within onc (1) year of acceptance and effective date
of this Ordinance, the entire intial cable system will he cqleted. Initial
cable service area shm on attach'ed mp (Exhibit A).
7. Within six (6) months fr'm the grantof permission by the Federal
Cmnications Cmission, the Grantee shall submit to the Ccmnon Council an
installation plan for the entire intial service area, indicating the date on hich the
Grantee expects the installation of CA'TV system to be canpleted and available for
@service to subscribers in the various .areas of the City.
8. The Grantee shall furnish the Cmon Council with progress reports
indicating in detail the area of construction of the CATV system. Such periodic
reports shall be furnished at one (1) :nonth intervals, with the first report
to be mde 2 weeks after construction camencement date.
9. The requirements established in subsections (1) through (8) above
are mxinums, and the Grantee my at any time proceed at a rate faster than required
by said subsections (1) through (8) above. The Cmon Council shall have the right
provisions of this Ordinance.
to inspect all construction or installation work performed pursuant to the
(6) FlnnnclRl ConsldornLIoll~ (11) FI.ILIICIII!;I! Pt~ylllellls.
1. The Grantee shull pay to the City for the use of the
streets and other facilities of the City in the operation of the
CATV system and for the municipnl supcrvlsion thereof R fee in the
amount of 3% of the annual gross receipts of the Grantee. The
Grantee shall file with the Common Council within thirty (30) days
after the expiration of each half year ending on Jnnuary 1, and
July 1, during the period thls franchise shall be in force, a
financial statement showing in detail the annual gross receipts
of the Grantee during the precedinR Semi-annual period. It shall
bc the duty of the Grantee to pay to the City at the time of
filing such statement the frnnchise fee prescribed The Grantee
shall nlso file withln ninety (90) days following the conclusion
or each fiscal yenr of the Gro,ntee nn annual report prcpnred Rnd
audlted by nn lndcpendcnt Certified Public hccountnnt, showing the
yearly tolnl gross receipts arld payments to the City nnd any further
relevant flnancial in for ma ti or^ in rcgard to the conipany as may be
required by the City.
2 In the event this franchise should be terminated or
forfclted prior to the end of the bnsic fifteen yeflr term, the
Grnntce shall within thirty (30) days submit to the Common Council
a financial statement prepnreti as before required, showing the
period for which the Grantee hfls paid to the City the required
gross receipts of the Grantee for the time elapsed since the last
0 to thc City not lnter than thlrty (30) days following the termination
perccntnge of gross annual receipts, and the Grantee shnll pny
of the frnnchise, a like pcrccntage of such Kross receipts.
3. In the event thnt flny payment is not made on or before
on such pnyments shnll apply from such dute at the yearly rnte of
the applicable date fixcd in Subsections 1 and 2. hereof, interest
12% plus cost of collection.
4. Pursunnt to subsection (13) of this Ordinance, the
Common Council shnll have the right to inspect the Grantee's records
showing the gross receipts from which its frnnchitle payment6 nre
computed. The right of nudtt nnd recomputation of nny nnd 1111
amounts paid undcr this frnnchise shall be always accorded to the
Common Council. No acceptflnce of any payment by the City shnll br
construed as n relenne of or an accord or sntiafnction of nny clnim
the City might have for further or additional sums pnyable under
obligation of the Grantee hereunder.
the the terms of this Ordinance or for any other performance or
pursuant to the provislons of this Ordlnnncc ShHll not be considered
5. Payments of compensntion made by the Crnntee to the Clty
in the nature of ;I titx but shill1 be in nddltlon 1.0 any und AI 1 taxes
which are now or Ilerclrfter required to be 11~111 IJY !illy I~IW of the
United States, thc Stnto of W1:lconsln or 111t: Clty.
0
of the franchise, the Grantee %hnll obtain, pny ull prcrniums for
nnd file with the Common Counc:ll nt least tcn (10) dnys before
construction or the system commences n certlficnlt! of Insurance or
othcr proof evidencinK the pnyment nf premlums lor the lollowing
(b) Insurance and Indtmnity 1. At nll tlmcs durlnr: the term
a. A general comprehenslvc public Ilnblllty insurance
policy indcmnifying, defendinR and enving hurlnlcss the City, its
from nny nnd all claim8 by any person whntsouver on account of Injury
officorH, boards, dommittee~, commCssionertl, ugents, or employet,s.
to or death ol a person or persons occasioned by the operations of
been so cRused or occurred with a minimum liability of $1,000.000
the Grantee under the franchise herein jiranted or alleged to have
for bodily in.iurv or denth of nny one or more pereons in nny one
o c rrencu. kih ollcles nre tb include personnl injury coverngp and cfvYl rights cover E ge.
~
b. Property dnmnKe Insurnnce IndcmnifyinR. defendinn rind
saving h:trmlcss the City, its officers, boards, COnlmitteeS, cmmlssinns,
cents and employeee from and ;against all claims by any Person what-
soever for property damnge occ,~sioned by the operation Of the
Grantee under the franchise herein granted or Ullcged to have been
SO caused or occurred with u miuimum linbility 01 '$~~o,oo~ for
property darnage in any one occurrence.
form satisfactory to the City Attorney, shull be accepted by the
2. All of thc foregoing intiurunce contracts shall be in
Common Council and shall be maintuiried by companies uuthorized to
do business in thu State ol Wisconsin acceptable to the City
Attorney. Said insurance contract8 shall require 30 days written
notice of any cancellation to both the City and the Gruntee.
3. The Grantoe shall alrlo, at its sole cost and expense,
fully indemnify, defend and hold harmless the City, its officers,
boards, committees, commissions and employees against any nnd all
Claims, suits, actions, liability and judgements for damages
(including but not limited to expenses for reasonable legal fees
and disbursements and liabilities assumed by the City in connection
therewith):
8. Arising out of any cluim for irlvasions of the right
of privacy, for c!ePnmntion of uny person, firm or cor-
poration. or for the violation or infringement of any
copyright, trudcmrk, trude nunlo, service mark or patent,
or of any other right of uny purtion, firm or corporation
progranunlng for vlolutiou of a IJU~SUII'S c~vil rlgl~ts).
(excluding clullns: urising out of 01' reluting to City
b Arising out o! the Granteelti Pailure to con~ply with
the provisions 01 any Federal, Stute, or local statute,
ordinance or regulation applicublt. to the Grantee in
its business hereunder,
4. The foregoing indemnity is condltioncd upon the following:
The City shall give the Gruntee prompt notice of the making of uny
claim or the commencement of rbny action, suit or other proceeding
covered by the provisions of 1;his Section. Nothing herein shall be
deemed to prevent the City from cooperating with the Grantee and
participating in the defense of any litigation by its owl1 counsel
nt its sole cost und expense. .__. "
(c) Surety Mnd 1. The tirunlec shall nuintuln, ;111d by its
ucceptance of this frunchise specllicully ngroetl that it will main-
bond running to the City. with a good and sulficicnt surety upproval
tuin throughout tlle term of this Prunchise, a ftrlthlul ~wrlormance
by the City Attorney in the sum of $50,000 condillorled that the
Grantee shall well and truly observu, fulfill und perforln each terlu
und condition oP this Pranchise irnd of the Gruntce's pruposal und
that in case of any breach, the City shall bo entltled to recover
from the principal and sureties thereol the unloun~ of u11 damages
including all costs and attorney's fees incurred by the City, prox-
imately resulting from the failure of the Grantee to well and fuittl-
fully observe and perform uny and all of the provisions of this
franchise.
e
, 2. No recovery by the City of any sum by reason of the bond
requlred herein shall be any limitation upon the liability of the
Grantee to the City, except th8.t uny sum received by the City by
reason of the bond required herein shall be deducted from any recovery
which the City might have ugairlst the Grantee.
(d) Acceptance of thitj Ordinance 1. This Ordlnunce and
Its terms nnd provisions shnll be accepted by the Grantee by written
be, and filed with the City Cll?rk within twenty (20) duys after the
instrument executed nnd acknowledgod by it ns u deed is required to
pussuge of this Ordinance. Suf:h written instrument shall state and
express the ncceptance of this Ordinunce and its terms, conditions
und ~~rovlsions; and said Grantee shnll ugrce in suid instrument to
ubide by, to observe and perform sume, and duclurc that titatements
and recitals herein are correct nnd thut it hut, nl~tde and does make
thls bgree,swnt, statements und admissions 111 this Ordinnnce recited
to huve been or to be mude.
2 This Ordinuncc shull Luke effect twenty (20) days after
1 Indl pass~ge ~~U~IUII providcd sue11 rurlnal acceptance hereof
ul.~l~e terms und conditions by the Grunter trs Ilcrcili provided in form
d,,,,r~~rd by the City Attornuy Ilnd thu uccepLaoce fce 01 not more Lhan
certlfird or cashier's check shall both huve beer1 filed und deposited
cost incurred to City 111 frunchitie award in the form of
with tire City Clerk within such twenty (20) days. The Cruntee shull
also bear the publlcation cost.9 for this Ordinuncc. IY one or .both
of the aforementioned is not filed or deposited as required, this
Ordinance shall not take effect but.shu.11 be null and void. The
LC tllud lor record in the office of the City Clerk at the Crnntee's
lnstrumctnt of accuptance or an exocuttld counterpurt ttruruof &hull
expense within thirty (30) duys after the sunle is filed with the
City Clerk. The recorded copies oP such accuptunce shall be obtalned
Pnd preserved by the City Clerk.
3. Said accoptance fee shall be utllizcd by the City to cover
thc cxponses which it hoe illcurred to date in chuouiny a CUIIIU
rranchisu und hrmulatlny this Ordinrnce. -.
4, upon acceptance and effective date of this Ordinance, a franchising
fee of $6,00o.o0 shall be paid by the Grantee to the City Of bskego within One
week of that date.
(7) Servicebl to be Provided, (a) (iunerul Requirements.
III accordance with the Irighust etandarde oP the art of cable com-
Inunicutions and in accordance !with any Code of Conduct which has
Association.
been adopted or shall be adopted by the Natlonal Cable Television
1. The grantee ehall inutnll, maintain and operute its system
e 2. The Grantee shall render efficient service in accordance
with such rules and regulations as have been promulgated and will
be promulgated by the Federal Communications Comnission and other
federal and state regulatory s.genciee.
3. The Grantee shall provide a uniform, etrong signal, free
unless absolutley neceesary.
from distortion and interference, und shull not interrupt services
" - - ..
4. The Grantee shall provide cable telovision services
which are identical to those se.rvices which the Grantee described
in the Grantee's proposnl; provided, that said Gruntoe shall not
have to provide any proposed services which huve been disupproved
the Crnntee shall, upon petitioning the Federal Communicntions
Commission for a regietration,request that suid Grnntee be allowed
to provide all of those services which said Crunlee has formally
proposed to the City.
0 by the Federal Conununications Cmrnission; provided further that
5. Except where specifically stated otherwltie in this Ord-
inunce the Grantee shall nrrange to provlde all lensible services
requested by potential user8 of said services. Including the Common
Council. If no rate has been established for u purtlculur service,
n rate may be established pursuant to Section 9 of this Ordinance.
provided that il the Common Council finds thnt fulrnesv ur~d equity
Council may require that said rlervlce be provided free of charge. require that said service be provided free of charge, the Comnon
6. It shall be the righ<t of ull subscribers to receive all
nvnllslble services insofar ac1 'their linnnclirl nnd other obllgntions
to the Grantee are honored. 113 the event thaL the Grlrntee elects
LO overbuild, rebuild, modify, or sell the uystom, or the City
revokes or fails to renew this permit, or the City elects to purch;lse
the system, the Grantee shall ,do everything in its power to ensure
that all subscribers receive continuous, uninterrupted service
regardless Of the clrcumetnnce. In the event of purchase by the
City, or a change of Grantee, the current Grantee shnll cooperate
with the City, or with a representative appointed by the City to
operate the system for a temporary period, in maintaining continuity
of service to all subscribers.
7. Modification of sorvlcec; offered and/or provided to any
municlpality served by the Grn.ntee wlthin the Hilwrrukee metropolltun
area shull also be offered to tho City. Such offer and/or provision
of service shall be tendered within one yeur of 116 first being provided
to any municipnllty by the Grs.ntee. The City shull not be oblignted
to nccept such offer without clue consider.ption. - "
channcls in the buic service puckuge:
a. The CrunLce sl~all provide Lhe following television
WTMJ, Milwuukee, Wisconsin, Channel 4
WMVS. Milwaukee. Wisconsin. Channel 10
WITI, Milwaukee, Wisconsin, Channel 6
WISN;
WVTV,
WCGV ,
WVCY ,
WMVT,
WilU ,
WGN ,
WTTW,
Milwaukee, Wisconsin,
Milwaukee, Wisconsin,
Milwaukec, Wisconsin,
Milwaukcf , Wisconsi 11,
Milw;~ul<<!c, Wisconsin.
Mllwaukee, Wisconsin,
Chicago, Illinois,
Chicago, Illinois,
, 1
1
1
1
I
I
1
I
WFLD, Chicago, Illinois,
WHA, Mudison, Wisconsin, Churlriel 21
Ctlanllel 32
WTBS, Atlanta, Georl:ia Channel 17
WOR New York Channcl 9
ESPN
Nickelodeon
C-SPAN
The Wenther Channel
The tleulth Channel
CNN
USA
M'I'V
Fi Iliiltc: i i~ I Nt'wh
12
18
30
24
3 f;
55
9
11
b. The Grantee shall carry the signals of other TV Stations
pursuant to the present and future regulations of the FCC.
C. The Grantee shall carry a minim of thirty radio channels
Grantee's cable system.
&ich my be received on conventional FM receivers, connected to the
d. The Grantee shall also ca.rry as add-on services, but not limited to
the follawing:
Hane Box Of f i ce
Shod i me
The Di sney Channel
system's subscriber service the Granlee shall provide one fully operational
channel for educational use. This channel shall be provided wlthout charge for
a period of fifteen (15) years, said time cmencing at ccmpletion of the cable
system basic trunk line. Continuation of this channel shall be determined by
the Cmon Counci 1.
2. Educational Access Channel: Upon the inauguration of the cable
system's subscriber service the Grantee shall provide one fully operational
channel for government use. This channel shall be provided wlthout charge
for a period of fifteen (15) years, :;aid time cmencing at canpletion of the cable
system basic trunk line. Continuation of this channel shall be determined by
the Cmon Council.
3. lnicipal Access Channel: Upon the inauguration of the cable
4.At the written request of the Cmon Council and the School Board,
government and educational purposes. This channel shall be available within
one (1) additional local origination channel shall be made available for both
the City or the School system.
s'ix (6) months of the written reques.t and will be provided at no cost to
(c) Local Broadcasting. 1. 'The Grantee upon the request of the Ccmnon
Council provide the necessary equipment for transmitting a signal fran the
City Hall.
M1skego City limits.
2. The Grantee shall provide 52 broadcasting hours per year within the
assistance to all parties prqqramnin,? on the Grantee's cable system.
3. The Grantee shall provide all resonable technical and programing
or it s non-broatlca st channels
f,. The Grantee shall mke all reasonable efforts to encourage the use
the Grantee shall, upon request of the hihyor or his duly authorized representative,
mke available its facilities to the City at no charge for emergency use
during the perid of such emergency or disaster and shall provide such personnel
as necessary to properly operate under the circumstances.
(dl Emergency or Disaster. 1. In the event of an emergency or disaster,
2.The Grantee will provlde an emer2ency override voice transmitter in
the cmnications center of the Police Station.
a
e
0
(e) CUStOMr service. :L. The Grantee shall maintain an office
in the city in a'locntion convenient to the public which shnll be
open during all ueuol business hours, have a listed telephonc, and be
so operated that complnints and requests for repairs or adjustments
may be received at any time.
2 The Grantee shall r,espond to all servlce calls and complnints
and shull correct malfunctions in its equipment as promptly as possible.
The Grantee shall respond to requests for servicc withln 24 hours nfter
~ts reception of said requests. If the Grnntee docs not respond to a
request within said 24 hours, the Grantee iihall refund 1/30 of its
monthly chnryle to a tiubscrlbor for euch 24 hours or fraction thereof
following a request for servico, cxcupt to the extent that the Grantee
is prevented from responding to said requcst for service by strike,
injunction, or other cnuse beyond tilo control of the Grantee.
e2
consumer complaints estnbllshed pursuant to Sectlon (13) (:I) 6. of
this Ordinance. \
3. The Grantee shall comply wit11 tl~e nlethod for settling
" *
e' L. The Grantec shall not engage in the business of selling, servicing,
Installing, or leasing television or radio receivers or antenna.
(8) Technical Configuration and Capacity. (alThe system shal1 be
meet the technical standards bhich are the current "state of the art" of cable
engineered, ~nstalled. mintained, operated and equipped so as to, at all times,
camunications industry. The Grantee shall also at all times meet the technical
standards established by the FCC, including specifications for frequency boundaries,
visual carriers, frequency levels, aural carrier frequency levels, channel
frequency response, terminal isolatior,, and system radiation, and all other
standards &ich the FCC my set.
an intial capacity of thirty-six (36) channels. The system shall also be capable
wlthout having to lay additional cable.
of providing, if need and mrket dmnd so require, fifty-four (54) channels
(h) The cable system shall be engineered and equipped so as to posses
(c) The cnbla tiysteln shiill be engineered and intitallcd with
yulations of the Federal Colnmunications Cormnlssloll now in effect
tho cnpncity for two-wuy comrnunicntions in nccorduncc with the re-
or which may be promulgnted.
(d) The cable system shull utilize u tilrt&:lc trunk, providing
a frequency range of 54 to 300~dttz.
(e) The Grantee shull utillze mlcrowtcve distribulion systelns
where necessary to Pullill ull of tho representutlons made LO the
City in the Grantee's proposnl.
(I) The converters utilized in the cublc sytlteln shall be
capable of delivering thirty-six (36) teluviuion channeltl.
(g) At the option of any individual subscriber, the Grantee
shall install a switching device upon said subscriber's television
receiver whereby said subscriber may disconnect his television
receiver from the Grantee's cuble system in order to receive over-
scriber shall be the cost of snid device to the Grantee, or less
the-air television signals. Tlle price of this device to said sub-
ut the option of the Grantee, and the Grantee shull not charge the
subscriber any fee for the installtion of said device. The Grantee
ehull make all reasonable efforts LO obtain snid devices at the low-
est possible cost to him.
(h) At the option of any individual subscriber, the Grantee
shall provide a device which allows said individual subscriber to
utilize u key to disconnect th,ose channels providing additional
services to the subscriber, such ns pny-TV channels. The price
of said device shull be the cclst of said device to the Grantee, or
less at the option of the Grarltee, and the Grantee shall not charge
the subscriber any fee lor thcl installation of said device. The
Grantee shall make all reasonsble efforts to obtnin said devices
at the lowest possible cost to him.
(9) Rates. (a) Rate Schedule. 1. The rute charged subscrlbers
shall be fair and reasonable. Said rates shall also be nondiscrim-
inatory, except as provided in Subsections 2., 3., 4.. 6., and 7.,
below.
2. Initial Rate Sche'dule: a. The Grnntee shall be permitted to charge rates not exceedlng those set forth us Iollows -
"
~.
(i) For a first outlct to provide basic service to residental 0 sllbs,--ibers. a monthlv fee of $8.0Cl. For add-on services, a monthly fee of
(!i)For installation of n first uullul to provide
booic service to residential subscribers, u lee of $25.00,
(iii)For addltionnl outlets to provide bnsic scrvlce to
residential subscribers, a ma'nthly fee oP $3.00 pur outlet, and an
installation fee of $15.00 per outlet; provlded that installation
no charge to the subscriber if uuid installution 16 ordered by
fee of said additional outlet shall be undertaken by the Grantee nt
the subscriber to occur at the same time as the installation of an
outlet for which a fee ia churged;
(lv)~or reconnectloll of.un outlct to provide basic service (11)
Lo a subscriber, after said subscriber hus been disconnected from
the crantee's Cable system, an installation fee of $15.0"l
(v) F~~ relocation an outlet to provide busic service
a a subscriber's residence, rec of $15-00;
e (vl)~or installation of an outlct to provide basic service
to
in the City of ~~~kego and had subscribed 10 tllr Grantw'b: cable
residentinl subscriber who hus llloved to u new residence with-
system at his old residenot: withill Lhc City of Muskego Unt 11 the
time ut which he moved, a Pee of $15.00, provlded that if the
Grantee must install a new drop attluid subscrlbcr's new residence,
the Grantee may charge the fee 1rpuc1rlt.d in Mubsrction (ii)UbOve,
-. -
(I (vii) For a first outlet ta provide the radio services
required to be provided by subsection (7) (b) 1.c. of this Ordinunce
no monthly fee nor installtion fee to the subscribers of the basic
service provided by the Grantee;
(viii)For a first outlet to provide the radio services
) A monthly fee of $5.00 and nn installation fee of $15 00 to parties
required to be provided by subsection (7) (b) 1.c of this Ordinance,
who do not subscribe to the bnsic service provided by the Grantee.
(ix) For additional outlets to provide the radio services
required to be provided by subsection (7) (b) 1.c. of this Ordinance,
a monthly Pee of $1.00 per outlet, and an installution fee of $10.00
per outlet, provided that instaLllation oP said additional outlet shall
be undertuken by the Grantee at no churge to the subscriber if said
installation is ordered by the subscriber to occur at the same time
as the installation of an outlot for wlllch u fee is churged;
(X) For reconncctlon of n subscrlber's radio outlet
afLer uuld outlet hatl buun diuconnectud, a foe 01 $15.00,
(xt) For relocntlon of u uubscribur'u rudio outlot
wllhln a Subscriber's roaidenclj, u fee of $15.00'
(xil) For motela, UIIU~~IIIUII~ housebl, und other multi-
unit dwellings, rates, fees, u,nd churges as stated in the Grantee's
proposal.
b. All fees set rorth In s~bsecrto~~ (9) (u) 2.n.ubove
include charges for converters nnd no addltlullul charge for
converters shnll be mnde.
c. The Grantee stlull at no time whutsoever chnrgc any
fee for disconnecting uny outlet in the residence of any subscriber.
3. The Gruntet, Shrill provide, without charge, onu outlet
) to euch municipally owned building, fire stntion, police stntion,
I learning that is passed by its cable, If more than one outlet Is library, public and parochinl school, and institution oP higher
requlred at nny of said locations, the Grantec shnll instnll same
at the cost of tilno and muterial only, and in no event will there
be a monthly service charge at sold locations.
CATV eystem by the tirantee sha,ll be as set Porth in the Grantee's
4. Ratos for all other services to be provided over the
proposal.
5. If the Grantee desires to provide new services not
e set forth in the Grantee's prclposal, the rntes for such services
shall be approved pursuant to subsection (9) (b) of tills Ordinance.
6. Nothlng in subsecLion (9) (n) 1 ubove shull be con-
'wiLh promotional campaigns for the purpose of u~tructlng subscribers,
strued to prohibit the reductj,on or wuivln~ or charges In conjunction
nor shall this provision be interpreted to ~~rclllibit thc estnblishnlcnt
of a graduated scale of charges and clatrsifled rate schedules to
which uny subscrlber or progrrmner included wittiin a particular
classification shall be entit'led, provided that stkid clnssifiod rnle
schedules are approved by the Common Council purtiuunt to subsectlon(a) (b)
of this Ordinance.
7. Nothing in subsection (Q) (a) 1. abovct shull prohibit (12)
special rutes for large institutions, moteIs,.multiple-family dwelling
units, or any other type of dwelling or building, provided that suid
aection (9) (b) ol this Ordinance.
~peciul rates arc approved by the Conunon Council, pursuant to sub-
TThxe estatlltshkd in suhsectioh (9) (a) 2. and (9) (a) 4. above
.. . ~.
shall not be subject to Increase thrcugh the first two years following the acceptance
and effective date of this Ordinance.
9. The Grantee will co~~tltruct the cublc system and provide
service throughout the franchise urea ut the norm1 installation
churyes. so long as the average dcntilty of construction is 50 homes
per cnble mlle or grouter. Whure Lliu uveruge denuity le loss thun
50 homes per cable mile, service wlll bo provided subject to the
Company's line extension formula, shown below:
In any area where the averuge density le less thnn 50 homes
per cable mile, the system shall bear its prorata share of the cur-
rent aerial construction cost based on the actual number oP potential
subscribers per mile divided by 50. The remainlng construction cost
will be borne on a prorata basis by each actual cable television
applicant commiting to service within the prorutn extension. Milea~r
will be measured from the end of the neareet trunk cable.
After completion ol the extension, rjhould additional sub-
scrlbers request cable television service, then the prorutn shares
sl~all be recalculated Eucl~ new subscriber shall pay the new pro-rata
share and all prior applicunts Shall rcCclVe pro-rllta funds
At such time us there ure suld 50 po~ef~tial subscribers
per mile, the subscrlburs shill receive u return of their pro-
al the end oP two (2) years P:rom the completion of said project, the
ruiu share of suld current uejriul conetructlun costs. In any event,
applicants are no longer eliglblo for rofundu, und the d1110unt paid
in conmtruction conte will be rutoined by 'the,Grantee.
" . "" __~ I~ -
10. The Grantee will include serviccro subs&ib@rS located within 350
and mterial cost basis per loot fc8r those subscribers beyonrl 350 feet. The Grantee
feet of the initial service arm at the nom1 installation charces, with a time
will provide the subscriber with a written quotation prior to performing the
Installation.
11. If the Grantee is ccmstructing on a private rmdway, Grantee
is not rcclljlred to constn~ct i r eawments cannot be obtained.
(b) Rute Suporvielon. 1. Tho Gruntou may decrcuse the rutcs
viously approved, advance churges for addltlonal uervices und con-
Lu subscribers at any time All rate increuses above maximums pre-
verters, classified rate schedules, and ypecinl rates Ior certnin
dwellings or buildings shull not go into effoct until rlpproved
by the Colmon Councll. pur~uunt to 6lubsuctlon (9) (b) 2. und (9)
(b) 3. below.
2. The Common Council shull appruvu rutos, pursu~int to
this Scction(S)(b)only after a public heurlng hue been l~cld on thc
rate change in quetltion. Said public heuring stlull be u~~nounced by
written notice published in a. newspaper of ganerul circulution at
least ten (10) days before the date of the heuring. At said publlc
huaring, the Grnntoe must make such showlllg us tho Colnrllon Councll
requires Lo substantiate the necetisity for the rute chunge In question
3. The Common Council shall either approve said rnte change
or fail to do the same through the use of a resolution.
4. The Common Counm-il reserves the right to review and
approve rates for new services. If fairness and equity require that
a new service be provided free of charge, the Common Council may
require that said service be provided free of charge. e
scribers to pay for each month oP basic service and FM service
(c) Advance Charges. 1. The Grantee may require sub-
or depwlt of nny kind ahall be ruquired by the Gruntee for basic
in udvunco at the beginning of each month. No other udvunce payment
t~ubtacribur eurvlce. No dopoeit or advance puyment oI any kind shull
of the Common Council. Additional advance payments may be made
be charged for the provision, oP any converter without prior approval
nvailable, as an option, by the Gruntee to eubscribers. Nothing in
this provislon shall be contltruud to prohibit charges for initial
installation and reconnection.
2. The Grantoe may make kivuilnble or require advance charges
or deposits for various additional services, provided that the Common
Council shall have authorized such charges or dcpouits, pursuant to
subsection (I)) (b) oS this Ordinance.
(d) Termination of Zlervice. 1. If uny subscriber fails to
pay LI properly due monthly subscriber feu, or ttny other properly due
Ice or. charge, tho Grunteu Incry disconnect .~.. ~~ .- the subscrlber's scrvlcc
outlet. such disconnection %ll not be effected until sixty (60)
days after the due date of said delinquent fee Or charge, Or until
ten (10) days aPter adequate written notlce of the intent to disconnect
has been delivered to the subscriber in question. After disconnection,
upon payment of the delinquent fee or charge and the Payment Of a
recommended charge, the Granteo shall promptly reinstate the subscriber's
cable service.
2. Upon termination of service to any subscriber, the
Grantee shall promptly remove la11 of its facilities and equipment from
tho premises of such subscriber upon his written request. The service
will be disconnected at the poles if above ground or at the connection
box if under ground so that such dieconnection shall be outside
rather than inside the home. For multtple family dwellings such
disconnection shall be made in the basement or other appropriate
service area outside the living aren itself. Any such removal shall
be at no cost to the subscriber.
(e). Refunds to Subscribers and Programmers. 1. If the
Grantee fails to provide any material service requested by a subscriber
or programer, the Grantee shall, after adequate notification and
being afforded the opportunity to provide the service, promptly
refund all deposits or advance charges paid for the service in
questions by said subscriber or programmer.
2. If any subscriber terminates any monthly service during
the first twelve (12) months o'f said service because of the failure
of the Grantee to render the 6,ervice in accordance with the standards
set forth in this franchise, t,he Grantee shall refund to such
subscriber multiplied by the fraction of the twelve (12) month period
for which the subscriber will not be receiving service.
3. The Grantee shal.l make refunds to subscribers pursuant I to subsection (7) (e) 2. of this Ordinance.
(10) Protection of Tndividual Rights. (a) Discriminatory
Practices Prohibited. The Grrlntee shall not deny service, deny
acces8, or otherwise discriminate against subscribers, programers,
or general citizens on the bafjis of race, color, religion, nationnl
origin, creed, or sex. Nothing in this provision shall be construed
to prohibit the reduction or waiving of charges in conjunction with
promotional campaigns for the purpose of attracting subscribers, nor
shall this provision be.interpreted to prohibit the establishment
of a graduated scale of charg'se and classified rate schedules to
which any subscriber or progr.nmmer included within a particular
classification shall be entitled.
(b) Employment Practices of the Grantee. In the carrying
out of the construction, maintenance and operation of its CATV
system, the Grantee will not discriminate against any employee or
applicant because of race, creed, color, religion, sex, or national
orlgin. The Grantee shall strictly adhere to the equal employment
Opportunity requirements oP the FCC, as expressed in Section 76.13 (a)
(8) and 76.'311 of Chapter 1 of Title 47 of the Code of Federal
Regulations. The Grantee shall comply at all times with all other
applicable Federal, State, City and County laws, and all executive
and administrative orders relating to non-discrimination in employment.
The Grantee will take affirma.tive action to ensure that applicants
are employed, and that employees are treated during employment, with-
out regard to their race, creed, color, sex, religion or national
origin. Such action shall include, but not be limited to the following
employment, upgrading, demoti.on or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship.
The Grantee shall post in conspicuous places, available to employees
and applicants for employment, notices setting forth .the provisions
of this non-discriminatory clause. The Grantee shall, in all solidt~ation
" .-
or aovertlsements for employeeEl placed by or on behalf of the Grantee,,(1L)
state that all qualified applicants will receive consideration for
employment without regard to rnce, creed, color, sex, religion, or national origin. The Grantee will incorporate the foregoing requirements
oP this paragraph in all of it13 contracts for work relative to construction, maintenance and operation of the CATV system, other than
coiXrXcts lor standard conullcFEfh1 supplies 01' raw In;tterials, aid- WI-11
require all of its contractors for such work tu ~ncurporate such re-
quirements in all eubcontructy for such work
(C) Cable Monitoring. Neither LIIC tiral~tec, nor any governmental bureau, department, unit, agency or entity, ut 111
federal, state, county, or locul level, no UII~ other person or
cntlty. shall monitor, or arrange for the nlorlitoring of, any
cable, line, signal input device. or ~ubscr~ber outlet or rece
e
iver
for nny purpose whatsoever - (d) Right Of I'rivucy. 1. The Gruntee shall not trunslnit
uny signal to or from any dwelling or any other building without
thc express nuthorization of th,e owner of said dwelling or otl~ur
buildinK; provided thut where s,ald owner has leased said dwelling
or other building or a portion thereoP, said express authorization
shall be obtuined from the lesnloe and not from ~lle owner.
2. Nothing in tllikl section shull dllnlnltlh uny rl1:hts
of rosldents of dwellings or ot,her buildings protected by Section
(10) (e) oP this Ordinance. e (e) Rlghta of Iletiicluntti 1. An UWIIC:~ or opcrittur or tLn
apartment building. condoluinlulll, Ilurtling IIUIIIC, or any other rental
facility may not Interfere with or churge u 1L.e tor the 111stallation
of cable facllitlcls for the ust! of u lessee uY s;lid property or
premlses, except Lhut such owncjr or operutor IIIUY requ1r-e.
u. lnstallacion to conform io reasonable conditions
necessary to protect the safety, appearunco and func-
tioning of the prelnlscs;
b. The Gran'iee, occupu~~t, UI' tenant io puy for
the installution, opurutlorl or relnovul of such facll-
ities; or
c. The Grantee, occupant or tenant to agree to
indemnify the owner or operator for nny dnmages caused
by the installation, operation or removal of such
Pacilities.
offer to reimburse any person, or for any person to demand or receive
reimbursement from the Grantee, for the placement upon the premises
of such person of Grantee's facilities necessary to connect such
CATV service to said premiscs.
person's premises to the distribution lines of Grantee to provide
2. It shall be unlawful for the Grantee to reimburse or
rent charged to tenants or occupu~~ts who receive cable services and
to those who do not.
3. A landlord muy not discriminate In the umount of
4. The Crtlntee nluy noL Luke uctionti which would diminish
or Iuterlere with tho ~lrivllegu or UIIY tcnurlt or othcr occupant of
any such building to use or avail hilllaelf 01 mutiter or individual
untenna equipment.
(f) Sale Of Subscribur Lists Prohlblled The Gruntee
Shull not Sell, or otherwise make nvuiluble, lists of tho nunles und
uddressos of its subscriber*, or any list which ldentlfies, by name,
subscriber viewing habits, to nny person, uk:cncy, or entity, for any
purpose whatsoever. a (11) Right8 Reserved Lo the Clty. (n) The right is hereby reserved to the Clty to adopt, in ndditlon to the provisions
contained herein nnd in ex1stl.n~ applicuble ordinances, such additional
regulations as it shall rind necessary in the exercise of the policc
powers; provided, that such regulations, by ordinnnce or otherwise,
shall be reasonable and not in conflict with the rights herein granted
(b) Nothing in this Ordinance shull limit the right of
the City to acquire the cable system of thc Grantee through the
exercise of eminent domain, condemnntton proceedings or otherwise.
'. J
(c) NoLtiillg coll~ullled in LtIIs UI'~IIIUIICO StIUll be Cot)-
strued limit or in UIIY way impuir the powers und nuthorities
(he city of Muskego, except ns expressly s~a~ed in this Ordina1rce.
(12) Protections Aflorded the Grantee (a) TnmPerinK
with Cable Equipment. A person who willfully or maliciously damages,
or causes to be damaged, any wire, cable, conduit, apparatus Or
equipme,nt of the Grantee, or who commits any UCt with intcnL tu
cause damage to any wire, cable, conduit, tipperatus Or equiplllant Of
the Grantee, or who tape, tumpere wlth, or COnIleCtS any wire Or
device to a wire, cable, conduit or equipment of the Grantue with
of the Crnntee. shull be YubJect to u forfclture of noL 111o1.e than Intent to obtnin u signal or impulfle therufrorn without uiltllorlzation
$200.00 as deterlnlned by the court und shull be liuble in u clvil
nction for three times tho nctuul umount of du1n;rgt.s sustained
thereby, but this section shall not prevent u public ulillLy from
removing, disconnecting or otherwise renderinK inopcrublc any of
Grantee's apparntus or equipment attached or in trny wiry connected
to such public utility's facilities, if dollu ror r'cuso~~ul~lc cause
(b) Liability of the Grantee In Lltrcl Actlull The
Grulitee or its ugents shull not, 111 un bc~lon for blunder or for
publishing a libel, be held liable in damages for or on nccount of
any defumntory mutter uttered, telucust, cablecust, or published
over the facilities of the Grantee by uny pertion whose utterance,
of any law of the United States or any regulation, ruling or order
telecast, cablecast, or publication is not, under the provisions
of the Federal Communications Commission, subject to censorship or
control by the Grantee.
(13) 8upervieion of the arnntuu. (a) Uookcl nnd
Hecords of the Grnntee.
1. The Grantee uhall file with the City Engineer
uccurnte copies of mups and/or plats of the location and character
of all existing and proposed i,nstnllation over, upon, or under the
streets. These mups and PlbtEi shull conform to the requirements of
shall be filed nt leust quarterly.
the City Engineers, shall be h:ept continuously up-to-du~e, and
the Common Council current list of its shareholders, holding 5%
or more of the outstanding stock, and officers, with their current
addresses. These lists must a.1so be included in the annual report
of the Grantee required in subsection (6) (a) 1. of this Ordiance
2. The Grantee c;hull continunlly keep on file with
its operntions within the City, including but not limited to all
3. All books uncl record6 of the Gruntee concerning
income tax returns and finuncial records of the Grnntee, shnll be
made available f0.r inspection and audit by the Common Council or
or audit shall be made.
its designate thirty (30) duya after nny request for such inspection
required by the FCC. copies of said records und all other rules
4. The Grantee shall keep and maintain all records
and regulations, terms and conditions estublisbed by the Gruntee
for the conduct of his busino:js shull be filud with the Common Council
at the local office of the Grlintee.
5. Copies Of al'l petitions, upplications and COIII-
municatlons submitted by tho Grnntee to the Federal Comnlunicutions
Commission, Securities and Exchange Commisslon, or any other
federal or state regulDtOry c~mnisslon or agency havelng jurisdiction
in respect to any matter affes-ting cable operation shall nlso be
9 City Clerk.
submitted aimultaneously to the City by filing the same with the
6. The Grantee shall maintain records of those subscriber
colnplainto and requests for servicu which 1L hns received, ~tle time
of such reception, urld the rime ut whlch 1 t rosllonded to s;r~d
subscriber colnplu,in~s und requesls for servlctr. Every two ~~luuths,
copies of said rccords shull be submitted Lo lt1e Common Cuuncll.
The Grantee shull also keep n copy of said records ut Its local
offlce.
7 The Grnntee shall keep und muiirtain ir Colnplete
,i ! (161
0 Sald record tihull IJ~, Iuadu uvullublu lor public lnspecllolr und a CuPY
record of all persons or group6 requesting LIIIIC 011 its accestr channels
of said record shall be submitted to the cablc review comnlittec.
shall be kept on Pile by the Grantee for the duration of this
franchise.
8. All records required by th16 Subsection (13) (a)
(b) Revocation of this Franchise. 1. In addition to
all other rights and powers pertaining to the City by virtue of this
Ordinance or otherwise, the City reserves the right to revoke,
terminate and cancel the franchise and all rlghts and privileges
of the Grantee hereunder in the event that:
a. The Grantee violates any mnterial provision
of this Ordinance, any materlal provision of the
Grantee's proposal, or any rule, order or determination
of the City made pursuant to thls Ordinance, except
where such violation, other than subsection b. below,
is without fault or through excusable neglect; or
unwilling to pay it6 debts, or is adjudged a bank-
rupt; or
b. The Grantee becomes insolvent, unable or
c. A recoiver or trustee htctl, ut least one
hundred and twenty (120) days beforehand, been
appointed to take over and conduct the business of
the Grantee, whether in receivership, reorganizution,
bankruptcy, or other action or proceedings unless
such receivership or trusteeship shnll have been
vacated prior to the expirution of said one hundred
and twenty (120) days, or unless;
(1) within one hundred und twenty (120) day8
urter hie election or appointmunt, such roc-
eivur or trustoe shull huvo Pully complied
with all the provisions of this Ordinance
and remodled a11 dul'uults thereunder; and
0
*
0
(it) such receiver or trustees, withln said
one hundred and twenty (120) days, shall have
executed an agreement, duly approved by the
court having jurisdiction in the premlses,
whereby such receiver or trustee assumes and
agrees to be bound by each and every pro-
vl~ion of this Ordinance; or
d. There has been a change in the control of the
Grantee requiring the consent oP the Common Council,
pursuant to subsection (13) (c) of this Ordlnancc, and
tiuch consent ha8 been denied or not given, or
e. The Grantee attempts Lo evade any of the
moterlnl provisions of thls Ordinance or pructice any
fraud or deceit upon the City; or
to ninety percent (90%) of the residrotlul structures
LII all areas of lhu City where Lhere urc' at leas(.
fifty (50) rcsidcntiul structure6 per line within
four (4) years after receipt of uuthorlzation from
all required governmental ngencles and acceptable
pole attachment agreements have been obtained by
by the Comorl Council iP the Grantee is diligently
the Grantee, provided that this period may be extendL2d
pursulng such authorization and pole attachment
agreements and the delay is not caused by any fault
or other occurrences over which the Grantee would
of the Grnntrle or results from strikes, natural disaster
have no control.
9. The Grantee fails to hnvo servlce avallable
g. The Grantee intentionally violates or permits
the violation of subsection (10) (e), (10) (d) or
(10) (I) of thi,s Ordinance;
the violation of uubsection (13) (U) 3. of this
Ordinance,.
2. Such revocution, terminution und cancellution shull
h. The Gr.antee intentionally violntes or permits
occur only after a public hearing hus been conducted by the Common
Council. li as a result of mid public hearing, the Conunon Council
approves and recomnends revocation, termination, und Cancellation,
the Common Council may put such revocation, termination, and cancel-
lation into effect by ordinance duly adopted nfter thirty (30) days
notice to the Grantee. Such revocation, termination, and cancellation
shall in no way affect any of the rights under this Ordinance or
any provisions of law. In the event that such revocation, termination,
and cancellation depends upon a finding of fact, such finding of fact,
as made by the Common Council shnll be conclusive; provided, how-
ever, that before the franchise may be revoked, terminated, and
cancelled under this Section, the Grantee must be provided with nn
opporrunity to be heard before the Common Council.
3. In the event that the City revokes, terminates,
and cancels this permit, pursuant to uppropriate provisions of
this Ordinunce, the City shall have the right to purchase the
Grantee's cable system at u price not to exceed Its then boo,k
value (that is, original cost of property less accumulated depreciation).
The book value shnll be determined by the City in accordance with
generally accepted appraisul and accounting principles. Under no
Circumstances shall any valuation be made for "good will" or nny
right or privilege granted by this Ordinance. After purchnsing the
Grkntee's cable system, the City shall hnve the right to sell suid
cable system to another operator if the City ti0 choosos.
4, Whenever this frnnchise shall set forth any time
lor any act to be performed by or on behalf of the Grantee, such
time shall be duelncd of the essence and any Pnilure of the Crnntee
to perform within time allotted shall always be suificicni grounds
for the City to revoke this franchise.
5. If grounds !or the revocution of this franchlse
;:i::;i or sanction including u, modification of ttle frunchise term
.not amounting to revocution, upon the Grantuo; providod thut blnid
penalty or sunction not amounting to revocution is agreed upon
by both the Grantee and the Common Council. If no agreement is
reached between the Cranteo anc, the corn11011 Council, the Collunon
Council shall decide whether or not to revoke the Crunteu's
frunchise.
shall not be assigned or trunsferred either in whole or in part or
leased, sub-let or mortgaged in uny manner, nor shall title there-
to either legnl or equitable, 'or any right, interest, or property
therein, pass to or vest in any person either by the act of the
Grantee or by operation of lnw without the express consent of the
Common Council. The granting, giving or waiving of any one or
more of such consents shall not render unnecessnry any subsequent
consent or consents.
the Common Counc'il muy, pass a resolution imposlng any
(c) Restrictions agulnst Assignmcnt. 1. This franchise
2. The Grantee ehall promptly notify the Common
Council of any actual or proposed chunge in or trunsfer of, or
acquisition by, any other party o! control o! the Grantee, Within
shull hold a public hearing on this matter und within ninety (90)
days shall make its decision on thls mattor. For the purpose of
determining whether it will consent to such chanh'e, trunsler, or
acquisition of control, tho Common Council may inquire into the
qualifications of the prospective controlling purty, and the Grilnleu
shall assist the Common Council in any such inquiry.
0 sixty (60) days after receiving said notice, the Common Council
3 Every change, trunsftir or ucquisitiuii of control Of
.T.'!./
I jL
.,! >
..
the Grantee with respect to wialch the consent Of the Common Council
itc required, pursuant to subsection 1. above, shall make this iran-
tihull have consented thereto. In the event that the Cornmon Council
donies consent, and tluch change, trnnsper, or acqu1sitio.n of control
has been effected, the City muy revoke this permit unless control
of the Grantee is restored to its status prior to the chonge, or to
a status acceptable to the Cormon Council.
0 chise subject to revocntion unless and until the Common Council
4. Upon the Poreclosure or other judicial sale of
ull or a substantial purt of !:he Grontee's cuble system, or upon
the termination of any leutie covering all or a substantial pnrt
of said. system, the Grantee shnll notiiy tho Common Council of such
fact, and such notificutlon shall be treated ntl u notification that
n chonge in control of the Grantee has taken place, and the pro-
visions of subsection I., 2., and 3. above shall apply,
5. The consent or approval of the Common Councll
to any assigntnent, lease, transfer, sub-lease, or mortgage of
this franchise shall not constitute n waiver or relense of the
rights of the City in and to t,lre. 6treets.
6. Nothing in this Section shall be deemed to 0 prohibit mortgage or pledge of the cnble system equipment or any
part thereof or a leasing by the Cruntee from unuthur person of-
or otherwise. Any such mortgage, pledge, or lease shall be subject
said cable system equipment or part thereoP for Plnancing purposes
and subordinate to tire rights of thu City under this contruct
or npplicublc luur.
.~
14 Intended Scope oP thiti Ordlnunce. (a)
Compliance with Locnl, Stute and Federul Luw. 1. The tiruntee shall
construct, operate nnd muintain the CATV system subject to the
supervision of nll of the nulhoritios or the City who hrlve juris-
diction in such matters nnd in strict complluncc with ull laws,
ordinuncetl nnd depnrtment rules and regulutions.
2. If at any ti>me the powers of the Common Council or any agency or official of the Clty ure transferred by law to
any other board, authority, ag'ency or official, this board, authority,
agency or official shall hove the power, rights und duties previously
vested under this Ordinance or by law in tire Common Council or any
agency or official of the City, e 3. Notwithstandlng any other provisions of this
franchise, the Grantee shall a't all times comply with all laws and
regulations oP the state and federal government or any administrative
agency thereof; provided, however, if any such state or federal law
or regulation shall require the Grnntee to perform any service or
shall permit the Grantee to perPorm any service in conflict with
the terms of this Ordinance or of any law or regulation of the City,
then as soon as possible following knowledgo thereof, the Grantee
shnll notify the Common Council. of conflict believed to exist
between such regulations or luvr and thu luws or ruyulntions 00 the
Clty or thls Ordiaanco. If thtl Common Council dulurminou tllut
miItIjria1 provision of this Ordinnnce is nPPected by such subsequent
action, the Common Council shall have the riyht to modiry any ol the
provisions herein to such rensonnble extent ns mny be necessary
to carry out the full intent nn,d purpose of this Ordinance.
(b) Failure of C:ity to Enforce this Frnnchise No
Waiver of the Terms Theroor, The Grantee shall not be excused from
complying with any oP thu terms and conditions of thls franchise by
uny failure of thu City upon nny one or mor0 occnslons to lnsist upon
or to seek compliance with any such terms or conditions. *
(c) Captions, The captions to sections throughout
erence to the sections and provisions of this Ordinunce. Such
this Ordinance are intended solely to fucilitnte reuding and ref-
captions shall not affect tho rnoanlnK or inturprctatlon of this
(d) Severnhility. If any provision of this Ordinance
or the application of such provision to any circumstance is held
invalid for any reason whatsoever, the remninder Of this Ordinance
' or the application Of tllc provision to other circunlstunccs shall not
b8 affected thereby. e (15) Limitntion on the Grantee's Recourse. (a)
Except as expressly provided i:n thiu franchi6e tho Grantee herein
shall have no recourse whatsoever against the City for any loss,
cost, or expense or damage arising out of the provisions or requircmcnts
of this Ordinance or because of the'eoforcement thereof by the City.
(b) The Grantee expressly acknowledges that upon
accepting this franchise, it dtd so relying upon its own investigation
and understanding of the power and authority Of the City to grant
this franchise. uy the acceptnnce of this franchtse the Gruntee
agrees they will not at any tine Bet up against the City in
claim or proceeding any condition or term OK this franchise (1s
unreasonable, arbitrary or void or that the City had not power Or
authority to make such term or conditions of this franchise in
their entirety..
(c) The Gruntct, by ucceptuncu of this frunchiw
acknowledge8 that it has not been induced to enter into this
frnnchise by any understanding or promise or othur sttitemant whether
verbal or written by or on betialp of the Clty or by any other
not expressed herein.
third person concerning any torm or condition of this franchise
(d) Tho Orvntlve furthur acknowludgee by aCCePt8nCU
of this franchise that it has carefully read the terms and conditions
hereof and 1s willing to and does accept all reasonable risk6 Of
tho meaning of euch terms and conditione and agrees thut in the
evunt of nny ambiguity thoreon or in the event ol any other dispute
Over the meaning thereof, the erne shall be construed strictly
against the Grantee and in favor of the City.
(16) Incorporation of the Grantee's
Proposal. The Grantee's proposal, as dePined in SubSectiOn (3) (w)
of this Ordinance, is hereby incorporuted by reference into this
Ordinance and shall be considered to be part Of this Ordinance. All
representations made by the Grantee in the Grantee's ProPosal shall
be required to be performed clr provided by the Grantee, and any
',failure by the Grantee to perform any act or provide any Service
or equipment propoeed in the Orantee's proposal shall be a violation
of this Ordinance. * (17.1 The Grantee will locate a tower in the City of hskego.
~__ ..
(a) The Grantee wlll lower to the ground and dismntle the original
publication of this Ordinance.
PollCe tower located next to the police station within two weeks after
(b) The Grantee will place an earth station dish on city
property with the approval or the plan Cmission.
(18) The Grantee will instat1 a conduit and cables for
data transmission between the City Hall and the Police station. This work
to be done at no cost to the City.
with or contravening this Ordinance are hereby repealed.
SKTICN 2. All Ordinance6r parts of Ordinances inconsistant
SECTICN 3. This Ordinance shall be in force and effect frcmand after
its passagc and publication. e Passed and Approved this Day of 1983
City Clerk