1996-7929b-~~
•
CABLE TELEVISION
REGULATORY ORDINANCE
CITY of
MINNESOTA
Prepared by:
Adrian E. Herbst, Esq.
Theresa M. Harris, Esq.
Fredrikson & Syron, P.A.
1100 Interactional Centre
900 Second Avenue South
Minneapolis, MN 55402
Telephone: (612) 347-7000
Faz: (612) 347-7077
With the assistance of:
The Southwest Suburban
Cable Commission
TABLE OF CONTENTS
STATEMENT OF INTENT AND PURPOSE ........................... 1
Sec. 1. Title ............................................... 2
Sec. 2. Definitions ........................................... 2
Sec. 3. Authority to Grant Franchises ........................ ....... 4
Sec. 4. Application for Franchise ................. ................. 5
Sec. 5. Acceptance and Duration of Franchise ......... ................. 7
Sec. 6. Franchise Temtory ..................... ................. 7
Sec. 7. Franchise Administration ................. ................. 7
Sec. 8. Construction of System .................. ................. 9
Sec. 9. Work Performed by Others ................ ................. 11
Sec. 10. Conditions on Use ..................... ................. 11
Sec. 11. Use of Grantee's Facilities ............... ................. 12
Sec. 12. Failure to Complete Work ................ ................. 12
Sec. 13. Technical Standards .................... ................. 12
Sec. 14. Interconnection ....................... ................. 13
Sec. 15. Removal or Abandonment of A System ......................... 13
Sec. 16. Customer Service Standards ................................ 14
Sec. 17. Programming Provisions .................................. 15
Sec. 18. Subscriber Practices ..................................... 15
Sec. 19. Local Office ......................................... 16
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Sec. 20. Subscriber Charges ..................................... 16
Sec. 21. Rate Regulation ....................................... 16
Sec. 22. Rights of Individuals .................................... 16
Sec. 23. Public, Educational and Governmental Access ..................... 17
Sec. 24. Grantee Records and Books ................................ 18
Sec. 25. Transfer of Ownership . .................................. 19
Sec. 26. Right to Purchase. ..................................... 20
Sec. 27. Mediation . .......................................... 22
Sec. 28. Special Provisions . ..................................... 22
Sec. 29. Franchise Fee ........................................ 22
Sec. 30. Liability ............................................ 23
Sec. 31. Indemnification ....................................... 23
Sec. 32. Security Funds ...................................... . . 24
Sec,. 33. Insurance ........................................... 24
Sec. 34. Default ............................................ 26
Sec. 35. Continuity of Service .................................... 27
Sec. 36. Foreclosure and Receivership ............................... 27
Sec. 37. Compliance with Laws, Rules and Regulations .................... 28
Sec. 38. Force Majeure ........................................ 28
Sec. 39. Severability .......................................... 28
Sec. 40. Effective Date ........................................ 29
Sec. 41. Certification and Publication ................................ 29
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Franchise Ordinance
October 16, 1996 -Page u
EX~Il33ITS
Exhibit A -Federal Communications Commission
Customer Service Obligations ................................ 32
Exhibit B -Annual Performance Re•.•iew .............................. 33
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Franchise Ordinance
October 16, 1996 -Page iii
ORDINANCE NO. 96-792
AN ORDINANCE TO REGULATE THE GRANTING OF FRANCHISES TO
OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY; SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISION.
The City Council of Hopkins ,Minnesota ordains:
STATEMENT OF INTENT AND PURPOSE
The City of Hoa k i n s ,pursuant to applicable federal and state
law, is authorized to grant one or more nonexclusive cable television franchises to construct,
operate, maintain and reconstruct Cable Television Systems within the City limits.
The City Council finds that the development of Cable Television Systems has the
_~ potential of having great benefit and impact upon the residents of Hopkins Because of
the complex and rapidly changing technology associated with cable television, the City
Council further finds that the public convetience, safety and general welfare can best be
served by establishing regulatory powers which should be vested in the City or such Persons
as the City shall designate. It is the intent of this Ordinance and subsequent amendments to
establish minimum requirements regarding the granting of cable television franchises
consistent with Miruiesota and federal law recognizing that these laws and the requirements
of local government are continuously changing, and to provide for and specify the means to
attain the best possible cable television service to the public. Any franchises issued pursuant
to this Ordinance shall be deemed to include this intent as an integral part thereof.
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Ocwber 16, 1996 -Page 1
Sec. 1. Title.
This Ordinance shall be entitled, "Cable Regulatory Ordinance. "
Sec. 2. Definitions.
For the purpose of this Ordinance, the following, terms, phrases, words, derivations
and their derivations shall have the meanings given herein. When not inconsistent with the
context, words used in the present tense include the future tense, words in the plural number
include the singular number and words in the singular number include the plural number.
A. "Access Channels" shall mean those Channels which, by the teens of this
Ordinance or the Franchise Agreement, are required to be kept available by the Minnesota
Cable Communications Act for partial or total dedication to public access, educational
access, or local government access.
B. "Affiliate" shall mean any person controlling, controlled by or under common
control of a Grantee of a franchise issued pursuant to this Ordinance.
C. "Applicant" means any person that applies for a Franchise under this
Ordinance.
D. "Application" or "Proposal" are synonymous for the purposes of this
Ordinance. An Application or Proposal means the process by which the Applicant submits a
request and indicates a desire to be granted a franchise for all, or a part, of the City. An
Application or Proposal includes all written documentation, including official city council
minutes concerning the construction, detailed description of services to be provided, the area
to be served within the City, the portion of Street to be used, rendering of services and the
manner thereof, rates and charges, maintenance, or any other matter pertaining to the
proposed Cable Communications System.
E. "Basic Cable Service" means any service tier which includes the
retransmission of local television broadcast signals. This defuution shall be deemed to
change pursuant to any changes in applicable federal law and shall be interpreted in a manner
consistent with the rules of the Federal Communications Commission.
F. "Cable Communications System," "Cable Television System," "Cable
System," "CATV" or "System", shall mean a System of coaxial cables or other electrical
conductors and equipment used or to be used to originate or receive television or radio
signals directly or indirectly off the air and to transmit them via cable or fiber optics to
Subscribers for a fixed or variable fee, including the origination, receipt, transmission, and
distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or
any other type of closed circuit transmission by means of electrical impulses, whether or not
directed to originating signals or receiving signals off the air.
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Franchise Ordinance
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G. "Cable Service" shall mean (a) the one-way transmission to subscribers of (i)
Video Programming or (ii) Other Programming Service, and (b) subscriber interaction, if
any, which is required for the selection or use of such video programming or other
programming service. For the purposes of this definition, "video programming" is
programming provided by, or generally considered comparable to program.-ning provided by
a television broadcast station; and, "other programming service" is information that a cable
operator makes available to all subscribers generally.
H. "City" shall mean the City of Hopkins , a municipal
corporation in the State of Minnesota.
I. "Connection" means the attachment of the drop to the first radio or television
set of the subscriber.
J. "Converter" means an electronic device, which converts signals to a frequency
not susceptible to interference within the television receiver of a subscriber, and by an
appropriate channel selector also permits a subscriber to view all signals included in the basic
service delivered at designated converter dial locations.
K. "Council" shall mean the governing body of the City.
L. "Drop" shall mean the cable that connects the subscriber terminal to the
nearest feeder cable of the cable.
M. "FCC" means the Federal Communications Commission, or a designated
representative.
~A" N. "Franchise" means the non-exclusive right and authority granted to an
Applicant by a Franchise Agreement Ordinance to construct, maintain and operate any part
of a Cable Communications System described in the Application, through use of the public
Streets, public utility easements or other public rights-of--way or public places in the City.
The Franchise shall describe in detail all requirements applicable to the Franchise including
all applicable requirements of federal, state and local laws.
O. "Franchise Agreement Ordinance" or "Franchise Agreement" means the
ordinance adopted by City granting a Franchise to an Applicant.
P. "Grantee" shall mean any Person to whom a Franchise is granted pursuant to
this Ordinance and any lawful successor or assignee of the original Grantee.
Q. "Gross Revenues" shall mean all revenues received directly or indirectly by
the Grantee, arising from or in connection with the provision of Cable Service in the City
and consistent with local, state and federal law, including, but not limited to, Subscriber
revenues (including Pay TV), advertising income, home shopping programs, rentals of
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Franchise Ordinance
October 16, 1996 -Page 3
equipment, antenna or signal space, and any and all other Gross Revenues received by the
Grantee from the provision of Cable Service in the area under the jurisdiction of the City.
Grantee is not required to include revenues recorded as received but which are "bad debt,"
but it must include any recoveries of bad debt. This definition of gross revenues also does
not include any sales, excise or other taxes collected by Grantee on behalf of federal, state,
county, city or other governmental unit. Funds collected by Grantee to support public,
educational and governmental access programming are also excluded from the defuution of
Gross Revenues.
R. "Minnesota Cable Communications Act" means the provisions of Minnesota
law governing the requirements for a cable television franchise as set forth in Minn. Stat.
§ 238, et. seq., as amended.
S. "Ordinance" means this Ordinance concerning the granting of Franchises in
and by the City for Cable Communications Systems.
T. "Person" means any natural person and all domestic and foreign corporations,
closely-held corporations, associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, businesses, common law masts, societies and/or any other legal entity.
U. "Street" shall mean the surface of and the space above and below any public
Street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard,
parkway, drive or any easement or right-of--way now or hereafter held by City which shall,
within its proper use and meaning in the sole opinion of City, entitle Grantee to the use
thereof for the purpose of installing or transmitting over poles, wires, cables, conductors,
ducts, conduits, vaults, man-holes, amplifiers, appliances, attachments and other property as
may be ordinarily necessary and pertinent to a System.
V. "Subscriber" shall mean any person or entity receiving service provided by a
Grantee pursuant to the authority of a Franchise.
W. In the event the meaning of any word or phrase not defined herein is
uncertain, the defuutions contained in applicable State or Federal law shall apply.
Sec. 3. Authority to Grant FSranchises.
A. The Council is empowered and authorized to issue, in accordance with the
City Charter, non-exclusive Franchises to install, construct, operate and maintain Cable
Communications Systems in the City's Streets, as well as to regulate these activities.
B. The Council has determined that the granting of Franchises for Cable
Communications Systems in the City will promote the public interest, enhance the health &
welfare and safety of the public and stimulate commerce by assuring that: (1) Cable
Communications Systems are responsive to the needs and interests of the City and its
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Franchise Ordinance
OcWber 16, 1996 -Page 4
residents; (2) Cable Communications Systems provide, and are encouraged to provide the
widest diversity of information and service to the public; and (3) there is an orderly process
for the granting or renewal of Franchises, and oversight of the services provided pursuant to
Franchises.
C. No person shall constrict, operate, maintain, or continue to operate or
maintain a Cable Communications System which occupies any part of the City's Streets,
without the authority of a Franchise granted by the City pursuant to this Ordinance.
D. No provision of this Ordinance shall be deemed or construed to require the
granting of a Franchise by the City.
E. Any Franchise granted must comply with the Minnesota Cable
Communications Act standards.
F. Grantee's rights are subject to the police power of City to adopt and enforce
ordinances necessary to the health, safety and welfare of the public of general applicability.
G. Both the City and the Grantee expressly reserve any and all rights that either
may have under applicable state and federal law including but not necessarily limited to, the
Cable Communications Policy Act of 1984, as amended, and the rules and regulations of the
FCC. Neither adoption of this Franchise by the City nor acceptance by the Grantee shall be
construed as a waiver, modification, termination or discharge of any right that either the city
or the Grantee may now or hereafter have.
H. Except as may be based upon public health, safety and welfare requirements of
general applicability or where required by federal or state law or rules, no modification or
amendment to the Regulatory Ordinance or the franchise agreement ordinance shall be
effective unless in writing and signed by both the City and Grantee.
Sec. 4. Application for Franchise.
A. Each Applicant for a Franchise, including the renewal of a Franchise
consistent with state and federal law, requesting permission to constrict, operate or maintain
any Cable Communications System in the City shall file an Application with the City in a
form and containing such information as is requested by the City. The contents of such
Application may vary, according to the nature of the proposed Cable Communications
Systems. However, an Initial Application shall contain, at a minimum, the following
information.
(1) The name, address and telephone number of the Applicant. If the
Applicant is a partnership, the home and business address of each partner shall also
be set forth. If the Applicant is a corporation, the Application shall state the names
588627
Franchise Ordiaaace
Oewber 16, 1996 -Page S
and addresses of its directors, main officers, major stockholders and associates and
the names and addresses of parent or subsidiary companies.
(2) A statement setting forth in its entirety any and all agreements and
understandings, whether formal or informal, written, oral or implied, existing or
proposed to exist between the Applicant and any Person who proposes to nave an
ownership interest with respect to the proposed Franchise or to the proposed Cable
Communications System. If a Franchise is granted to a Person acting as a
representative of another Person and such information is not disclosed in the original
Application, the Franchise shall be deemed void and of no force and effect.
(3) Financial statements, as determined by the Council, prepared by a
certified public accountant, or person otherwise satisfactory to the Council, showing
Applicant's financial status and financial ability to complete the constriction and
installation of the proposed Cable Communications System and/or continue the
operation of the existing Cable Communications System.
(4) A statement describing the Cable Communications System and
specifying the type and capacity of the Cable Communications System proposed to be
construed, installed, maintained or operated by the Applicant and the proposed or
existing location of the Cable Communications System.
(5) A description of all previous experience of the Applicant in providing
Cable Communications System service and in related or similar fields.
(6) Any other details, statements, information or references pertinent to the
subject matter of such Application which shall be required or requested by the
Council, or by any provision of any other ordinance of the City.
The City reserves the right to modify the Application in a renewal process to
accommodate information regarding the Applicant that is already in the possession of the
City. Any renewal of a Franchise shall comply with applicable federal, state or local law.
B. Prior to the issuance of a Franchise, the City shall hold a public hearing,
following reasonable notice to the public, at which Applicant and its Application shall be
examined and the public and all interested parties afforded a reasonable opportunity to be
heard. The City reserves the right to seek reimbursement of its costs to the extent permitted
by applicable state and federal law. The preceding statement does not constitute an
agreement by any Applicant to reimburse the City for the cost of the Application process.
C. In making any determination hereunder as to any Application, the City shall
consider the impact on the Streets with the addition of the proposed Cable Communications
System, the needs of the City and the legal, technical and financial qualifications of the
Applicant. For initial franchises, the City shall give due consideration to the quality of the
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Franchise Ordinance
October 16, 1996 -Page 6
service proposed; experience, character, background and the financial responsibility of any
Applicant and its management and owners; willingness and ability to abide by policy
_ conditions; Franchise limitations and requirements; and any other considerations deemed
pertinent to the Council for safeguarding the interest of the City and the public. For a
renewal of a Franchise, the City shall also consider the factors identified in the Cable
Communications Policy Act of 1984, as amended.
D. The City may require the Applicant for an initial franchise to reimburse the
City for its reasonable costs to review the Application including costs for technical assistance
to aid the City in understanding the nature and effect of the Application.
Sec. 5. Acceptance and Duration of Franchise.
A. Any Franchise granted pursuant to this Ordinance shall, be in the form of a
Franchise Agreement Ordinance between the City and the Grantee which shall comply with
all specifications of this Ordinance.
B. Any Franchise granted pursuant to this Ordinance shall become effective in
accordance with the terms and conditions approved by the Council, provided that a Grantee
has filed with the City Clerk a written instrument addressed to the Council accepting the
Franchise, within the time specified by the City Council, and agreeing to comply with all
provisions of this Ordinance and the Franchise.
C. The term of a Franchise shall be stated in the Franchise Agreement Ordinance,
but shall in no event exceed 15 years.
Sec. 6. Franchise Territory.
Any Franchise shall be valid within all territorial limits of the City, and within any
area added to City during the term of a Franchise, unless otherwise specified in the
Franchise Agreement Ordinance.
Sec. 7. Franchise Administration.
A. Administrator. The City Manager or the City Manager's designee shall be
responsible for the continuing administration of a Franchise. The administrator may be
changed by City from time to time by written notice given to a Grantee.
B. Advisory bodv. The City may appoint an advisory body to monitor the
performance of a Grantee in executing the provisions of a Franclise. The advisory body
shall perform all functions required of it by the City and applicable laws, ordinances, rules
and regulations.
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Franchise Ordimnce
October 16, 1996 -Page 7
C. Delegation of Authoritx by the C- itX
(1) The City reserves the right to delegate and redelegate from time to time
any of its rights or obligations under a Franchise to any body or
orgatization.
(2) Any delegation by City shall be effective upon written notice by City to
a Grantee of such delegation.
(3) Upon receipt of notice by a Grantee of City's delegation, a Grantee
shall be bound by all terms and conditions of the delegation not in
conflict with a Franchise.
(4) Any such delegation, revocation or redelegation, no matter how often
made, shall not be deemed an amendment to a Franchise or require any
consent of a Grantee.
D. Nonenforcement by City. A Grantee shall not be relieved of its obligation to
comply with any of the provisions of a Franchise by reason of any failure of
the City or to enforce prompt compliance.
E. Administration of Franchise.
(1) The City shall have continuing regulatory jurisdiction and supervision
over the System and a Grantee's operation under a Franchise. The
City may issue such reasonable rules and regulations concerning the
construction, operation and maintenance of a System as are consistent
with the provisions of a Franchise.
(2) A Grantee shall construct, operate and maintain a System subject to the
supervision of all the authorities of the City who have jurisdiction in
such matters and in strict compliance with all laws, ordinances,
departmental rules and regulations affecting the System.
(3) A System and all parts thereof shall be subject to the right of periodic
inspection by the City where reasonably necessary to the enforcement
of a Franchise and provided that such inspection shall not interfere with
the operation of a System and such inspections take place during
normal business hours.
F. Emergencti Use. In the case of any emergency or disaster, a Grantee shall,
upon request of the City or emergency management personnel, make available
to the City its emergency alert system and related facilities for use during an
emergency or disaster period in accordance with Section 47 C.F.R. § 11.
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Franchise Ordina..:e
October l6, 1996 -Page 8
G. Controllin,-g Law. A Franchise shall be construed and enforced in accordance
with the substantive laws of the State of Minnesota except to the extent the
Supremacy Clause of the United States Constitution requires application of
federal law.
H. Captions. The paragraph captions and headings in a Franchise are for
convenience and reference purposes only and shall not affect in any way the
meaning of interpretation of a Franchise.
Calculation of Time. Where the performance or doing of any act, duty,
matter, payment or thing is required hereunder and the period of time or
duration for the performance is prescribed and fixed herein, the time shall be
computed so as to exclude the first and include the last day of the prescribed
or fixed period or duration of time. When the last day of the period falls on
Saturday, Sunday or a legal holiday, that day shall be omitted from the
computation and the next business day shall be the last day of the period.
Sec. 8. Construction of System.
A. A Grantee shall, at least 60 days prior to any construction regarding the
System in the City, provide notice to representatives of the City of the following: (1) 1fie
nature of the work to be undertaken; (2) the estimated schedule for said work; (3) steps to be
taken to minimize disruption to public; and (4) steps to be taken to notify the residents and
others of said work.
B. A Grantee shall not open or disturb the surface of any Streets without first
obtaining a permit from City for which permit City may impose a reasonable fee to be paid
by a~Grantee. The lines, conduits, cables and other property placed in the Streets shall be
located in such part of the Street as shall be reasonably determined by the City. In so
determining the location in such part of the Street, the parties shall take into account the
health, safety and welfare considerations together with the technical parameters of the System
design. A Grantee shall, upon completion of any work requiring the opening of any Streets,
restore the same, including the pavement and its grounds to as good a condition as formerly
and in a manner and quality approved by City, and shall exercise reasonable care to maintain
the same thereafter in good condition. Such work shall be performed with diligence and due
care, and if Grantee shall fail to perform the work promptly, to remove all dirt and rubbish
and to put the Street back into the condition required hereby, City shall have the right to give
written notice to Grantee regarding the condition of the Street. Grantee shall have 30 days
from the receipt of written notice from the City to put the Street into the condition required
hereby or reach an agreement with the City. Such work shall be performed with diligence
and due care, and if Grantee shall fail to perform the work promptly, to remove all dirt and
rubbish and to put the Street back into the condition required hereby, the City shall have the
right following 30 days written notice to a Grantee to put the Street back into good condition
at the expense of the Grantee. A Grantee, upon demand, shall pay to the City the cost of
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Franchise Ordinance
October 16, 1996 -Page 9
such work done or performed including its administrative and overhead plus an additional ten
percent as liquidated damages.
C. All wires, conduits, cable and other property and facilities of a Grantee shall
be so located, constnlcted, installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel upon, or other use of, the
Streets of City. A Grantee shall keep and maintain all of its property in good condition,
order and repair so that the same shall not menace or endanger the life or property of any
person. A Grantee shall keep accurate maps and records of all of its wires, conduits, cables
and other property and facilities located, constn~cted and maintained in the City.
D. All wires, conduits, cables and other property and facilities of a Grantee, shall
be constructed and installed in an orderly and workmanlike manner. All wires, conduits and
cables shall be installed, where possible, parallel with electric and telephone lines. Multiple
cable configurations shall be arranged in parallel and bundled with due respect for
engineering considerations.
E. A Grantee shall at all times comply with all applicable laws, ordinances, rules,
regulations and codes, federal, state and local. In any event, the installation, operation or
maintenance of System shall not endanger or interfere with the safety of persons or property
in the City.
F. Whenever City shall undertake any public improvement which" affects a
Grantee's equipment or facilities, City shall, with due regard to reasonable working
conditions and with reasonable notice, direct a Grantee to remove its wires, conduits, cables
and other property located in Streets. A Grantee shall relocate or protect its wires, conduits,
cables and other property at its own expense. If the City, from its own funds, reimburses
any non-municipally owned utility for relocating its property at the City's request, the City
shall reimburse Grantee in a substantially similar manner.
G. To the extent a Grantee plans to construct or rebuild its System, it shall
comply with the following minimum requirements:
(1) A Grantee shall construct underground in any area where both electrical
and telephone has been installed underground.
(2) A Grantee shall change from aerial to underground, at its own expense,
in any area where both electrical and telephone are hereafter changed
from aerial to underground. If the City, from its own funds,
reimburses any non-muticipally owned utility for relocating its property
at the City's request, the City shall reimburse Grantee in a substantially
similar manner.
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Francttise Ordinance
October 16. 1996 -Page 10
(3) A Grantee shall change from aerial to underground, when both
electrical and telephone are similarly required, without cost to City,
whenever requested by City, which request can be made for a certain
area or areas or for the entire System. If the City, from its own funds,
reimburses any non-municipally owned utility for relocating its property
at the City's request, the City shall reimburse Grantee in a substantially
similar manner.
(4) To enable a Grantee reasonable opportunity to change its wiring from
aerial to underground, and also to allow it to pre-wire all new
subdivisions or new development areas, Ciry shall arrange for the
Grantee to receive timely notice of a new Franchise granted for Cable
Services, but in no event shall City have any liability for failure to
arrange for notice of the following:
(a) Any changes of which City has knowledge of, or which City
may order, regarding a change from aerial to underground of
any line (telephone or electrical) within its boundaries.
(b) Any underground trenching that may be pending.
(c) New subdivisions and development. All of such subdividers or
developers shall be notified of a Franchise and a System.
Sec. 9. Work Performed by Others.
A. A Grantee shall give notice to City specifying the names and addresses of any
entity, other than a Grantee, which performs construction services pursuant to a Franchise,
provided, however, that all provisions of a Franchise remain the responsibility of a Grantee.
B. All provisions of a Franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of a Franchise.
Sec. 10. Conditions on Use.
A. A Grantee shall not place poles or other fixtures where the same will interfere
with any gas, electric or telephone fixture, water hydrant or main.
B. A Grantee, at the request of any person holding a building moving permit and
with not less than five business days advance notice, shall temporarily remove, raise or lower
its wires, conduits and cables. The expense of such temporary removal, raising or lowering
of wires, conduits and cables shall be paid by person requesting the same, and Grantee shall
have the authority to require such payment in advance of any required work taking place.
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Franchisc Grdiaance
Octobcr 16, 1996 -Page 11
D. If a Grantee has failed to complete such removal within the time given after
written notice of the City's demand for removal is given, the City shall have the right to
exercise one of the following options:
(1) Declare all right, title and interest to a System to be in the City or its
designee with all rights of ownership including, but not limited to, the
right to operate a System or transfer a System to another for operation
by it; or
(2) Declare a System abandoned and cause a System, or such part thereof
as the City shall designate, to be removed at no cost to the City. The
cost of said removal shall be recoverable from the security fund,
indemnity and penalty section provided for in the Franchise, or from a
Grantee directly.
E. Upon termination of service to any Subscriber, a Grantee shall promptly
remove all its facilities and equipment from a dwelling of a Subscriber who owns such
dwelling upon his or her written request, except as provided by applicable state and federal
law. Such Subscribers shall be responsible for any costs incurred by a Grantee in removing
the facilities and equipment.
Sec. 16. Customer Service Standards.
A. At all times, a Grantee shall meet the requirements of the Federal
Communications Commission regulations on Consumer Service Obligations. A Grantee shall
comply with the Customer Service Obligations of the Federal Communications Commission
as such standards- may from time to time be amended. A copy of the Consumer Service
Obligations is attached hereto as Exhibit A.
B. A Grantee shall begin actions to correct service or maintenance problems no
later than 24 hours after it is notified of a System outage for 95 % of Subscribers. A Grantee
shall bear the costs of making any repairs, adjustments, or installations, unless the Subscriber
caused the damage necessitating the repairs or maintenance. A Grantee may charge for
service.
C. Subscriber Complaints to the City.
(1) Subscribers shall direct all complaints regarding service to a Grantee.
(2), If such complaints are not rectified within seven days from the date the
complaint is made, the Subscriber may file a complaint with the City.
(3) The City shall maintain a record of all complaints it receives.
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Fnnebise Orduuncn
October 16, 1996 -Page 14
(4) If, at any time after receipt of a complaint, the City believes that the
complaint may constitute a violation of a Franchise, or local, state or
federal law, the City may notify a Grantee regarding the complaint.
(5) If the City and a Grantee cannot resolve the complaint within seven
days after the date that the Subscriber files a complaint with the City,
the City may issue a written notice specifying the nature of the
complaint and ordering a Grantee to appear at the next regularly
scheduled meeting or other appropriate public forum, as determined by
City.
(6) If the City and Grantee fail to rectify the complaint, the City may begin
default procedures as specified in Section 34.
Sec. 17. Programming Provisions.
A Grantee shall identify its initial services in an Exhibit attached to a franchise
agreement ordinance.
Sec. 18. Subscriber Practices.
A. There shall be no charge for disconnection of any installation or outlet. If any
subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee
or charge, a Grantee may disconnect the subscriber's service outlet, provided, however, that
such disconnection shall not be effected until after the later of: (i) 45 days after the original
due, .date of said delinquent fee or charge; or (ii) ten days after delivery to subscriber of
written notice of the intent to disconnect. If a subscriber pays before expiration of the later
of (i) or (ii), a Grantee shall not disconnect. After disconnection, upon payment in full of
the delinquent fee or charge and the payment of a recoruiection charge, a Grantee shall
promptly reinstate the subscriber's cable service.
B. Refunds to subscribers shall be made or determined in the following manner:
(1) If a Grantee fails, upon request by a subscriber, to provide any service
then being offered, a Grantee shall promptly refund all deposits or
advance charges paid for the service in question by said subscriber.
This provision does not alter a Grantee's responsibility to subscribers
under any separate contractual agreement or relieve a Grantee of any
other liability.
(2) If any subscriber terminates any monthly service because of failure of a
Grantee to render the service in accordance with a Franchise, a Grantee
shall refund to such subscriber the proportionate share of the charges
paid by the subscriber `or the services not received. This provision
588627
Franchise Ordinanc
October 16. 1996 -Page 15
does not relieve a Grantee of liability established in other provisions of
3 Franchise.
C. If any subscriber terminates any monthly service prior to the end of a prepaid
period, a proportionate amount of any prepaid subscriber service fee, using the number of
days as a basis, shall be refunded to the subscriber by a Grantee.
D. Continued failure by a Grantee to provide services required by a Franchise
may, in the discretion of City, be cause for imposition of a penalty or termination of a
Franchise.
Sec. 19. Local Office.
Each Franchise shall require that a Grantee maintain a local business office, as
described in a Franchise, or agent, which subscribers may access by telephone 24 hours a
day, seven days a week, without incurring long distance toll charges, so that complaints,
questions or requests regarding the service provided pursuant to a Franchise may be promptly
reported to a Grantee.
Sec. 20. Subscriber Charges.
Current subscriber charges, the length and terms of residential subscriber contracts,
and the procedure by which subscriber charges are established shall be available during
normal business hours for public insuection.
Sec. 21. Rate Regulation.
The City reserves the right to regulate rates for services offered over the Cable
System, to the extent not expressly preempted by federal and state law. A Grantee shall be
subject to the rate regulation provisions provided for herein, and those of the FCC at 47
C.F.R., Part 76.900, Subpart N.
Sec. 22. Rights of Individuals.
A. Discriminatory Practices Prohibited. In the performance of a Franchise, a
Grantee shall not discriminate against any person on the ground of or because of race, creed,
color, national origin or ancestry, sex, religion, sexual preference, or political opinion or
affiliation or age. A Grantee shall comply at all times with all other applicable federal, state
and City laws, and all executive and administrative orders relating to non-discrimination.
B. Subscriber PrivacX.
(1) No signals, including signals of a Class IV Channel, shall be
transmitted from a subscriber terminal except as required to provide a
388627
Franchise Ordinance
October 16, 1996 -Page 16
service authorized by a Franchise and the Subscriber. A Grantee and
any other Person shall neither initiate nor use any procedure or device
for procuring or storing information or data from a subscriber's
terminals or terminal by any means, without the prior authorization of
the affected Subscriber which shall not have been obtained from the
Subscriber as a condition of service. The request for such authorization
shall be contained in a separate document and identify the purpose for
which the data or information is being gathered or stored. After the
first year of the authorization's initial signing, a Grantee shall, for each
year said authorization is in effect without revocation, mail a notice to
each authorizing Subscriber informing him or her of the right to revoke
said authorization. The authorization shall be revocable at any time by
the Subscriber without penalty of any kind whatsoever. A separate
authorization shall be required for each type or classification of data or
information sought from a Subscriber terminal.
(2) A Grantee shall not, without the written authorization of the affected
Subscriber, provide to anyone data identifying or designating any
Subscriber other than where that third-party is performing a service or
task in furtherance of the Grantee's business including, but not
necessarily limited to, billing or telemarketing functions. Any data
authorized shall be made available upon request by and without charge
to the authorizing subscriber in understandable fashion, including
specification of the purpose for which the information is being gathered
and to whom and for what fee the information is to be sold.
C. A Grantee shall not tap or monitor, arrange for the tapping or monitoring, or
permit any other person to tap or monitor, any. cable, line, signal input device,
or Subscriber outlet or receiver for any purpose whatsoever, without the prior
written authorization of the affected Subscriber as required by paragraph B of
this section.
D. Nothing herein contained shall prohibit a Grantee from verifying System
operation and the transmission of signals to an affected subscriber or from
monitoring for the purpose of billing.
Sec. 23. Public, Educational and Governmental Access.
Each Franchise shall include a requirement for public, educational and governmental
access programming and facilities consistent with state and federal law.
588627
Franchise Ordinance
October 16, 1996 -Page 17
Sec. 24. Grantee Records and Books.
A. Throughout the term of a Franchise, a Grantee shall maintain books and
records in accordance with normal and accepted bookkeeping and accounting practices for
the Cable Communications industry, and allow for inspection of them at reasonable times at
its designated office where necessary to enforcement of a Franchise. The books and records
to be maintained by a Grantee shall include the following:
(1) A record of all requests for service;
(2) A record of all subscriber or other complaints, and the action taken;
(3) A file of all subscriber contracts;
(4) Grantee policies, procedures and company rules; and
(5) Financial records.
B. A Grantee shall file with City, at the time of its annual payment of a Franchise
Fee, as described in a Franchise, the following:
(1) A copy of the most recent performance review for a Grantee utilizing
the Annual Performance Review Form attached hereto as Exhibit B.
(2) A statement certified by an officer of Grantee showing, in such detail
as acceptable to City, the gross revenues of a Grantee for the preceding
fiscal year.
(3) Current list of names and addresses of each officer and director and
other management personnel, and if a corporation, each shareholder
having stock ownership of three percent or more, and if a partnership,
all general partners, and if a general partner is a corporation, the
foregoing information shall be given as to the corporate general
partner.
(4) If requested by City, a copy of each document filed with all federal,
state and local agencies during the preceding fiscal year not previously
filed with City.
(5) A statement of its current billing practices.
(6) A current copy of its rules governing use of equipment and facilities
and public, educational and government access and leased access
programming.
(7) A current copy of its subscriber service contract.
588627
Franchise Oi.linance
October 16, 1996 -Page 18
(8) A copy of any subscriber surveys conducted during the last calendar
year.
C. City, its agents and representatives shall have authority where necessary to
enforcement of a Franchise to arrange for and conduct an inspection or audit of the books
and records of a Grantee. A Grantee shall fu•st be given five days notice of the inspection or
audit request, the description of and purpose for the inspection or audit, and description, to
the best of City's ability, of the books, records and documents it wants to review.
Sec. 25. Transfer of Ownership.
A. A Franchise shall not be assigned or transferred, either in whole or in part, or
leased, sublet or mortgaged in any manner, nor shall title thereto, either legal
or equitable or any right, interest or property therein, pass to or vest in any
person other than an Affiliate of Grantee without the prior written consent of
City, which consent shall not be unreasonably withheld. Further, Grantee
shall not sell or transfer any stock or ownership interest so as to create a new
controlling interest except with the consent of City, which consent shall not be
unreasonably withheld. .
B. Any sale or transfer of Franchise, including a sale or transfer by means of a
fundamental corporate change, requires the written approval of City. The
parties to the sale or transfer of Franchise shall make a written request to City
for its consent. City shall reply in writing within 30 days of actual receipt of
the request and shall indicate its approval of the request or its determination
that a public hearing is necessary. City shall conduct a public hearing on the
request within 30 days of such determination if it determines that a sale or
transfer of Franchise may adversely affect the Grantee's subscribers.
C. Unless otherwise already provided for by local law, notice of any such hearing
shall be given 14 days prior to the hearing by publishing notice thereof once in
a newspaper of general circulation in the City. The notice shall contain the
date, time and place of the hearing and shall briefly state the substance of the
action to be considered by City. Within 30 days after the public hearing, City
shall approve or deny in writing the sale or transfer request.
D. In a sale or transfer of only a Franchise, without the inclusion of the System in
which at least substantial initial construction has commenced, a Grantee shall
be required to establish to the sole satisfaction of City that the sale or transfer
of a Franchise is in the public interest.
E. For purposes of this section, fundamental corporate change means the sale or
transfer of a controlling interest in the stock of a corporation or the sale or
transfer of all or a majority of a corporation's assets, merger (including a
588627
Franchise C'~rdinan^e
October 16, ]996 -Page 19
(d) The date of valuation shall be no earlier than the day following
the date of revocation, forfeiture, expiration or termination of a
Franchise and no later than the date City makes a written offer
for a System.
Sec. 27. Mediation.
It either a Grantee or City asserts that the other is in default in the performance of
any obligation of a Franchise or in the event of a dispute relating to a right to purchase or
terms and conditions of it as described in Section 27 of this Ordinance, the complaining party
shall notify the other of the default or claim and the desired remedy. The notification shall
be written. Representatives of City and a Grantee must promptly meet and attempt in good
faith to negotiate a resolution. If the dispute is not resolved within 30 days of the written
notice, the City and a Grantee may jointly select a mediator to facilitate further discussion.
The City and a Grantee will equally share the fees and expenses of this mediator. If a
mediator is not used, or~ if the City and a Grantee are unable to resolve the matter within 30
days after first meeting with the selected mediator, either may commence an action in any
court of competent jurisdiction in Minnesota to interpret and enforce a Franchise or for such
other relief as may be permitted by law or equity, or either Grantee or City may take any
other action permitted by law.
Sec. 28. Special Provisions.
A. As permitted by state and federal law, and specified in a Franchise Agreement
Ordinance, each Franchise may require a Grantee to provide facilities and services to public
schools and community colleges within the City, and to fire and police stations and other
buildings owned and controlled by the City used for public non-residential purposes.
B. System Maps and Layout - A Grantee shall have, at all times, up-to-date route
maps showing the location of the Cable Communications System adjacent to the Streets. A
Grantee shall make all maps available for review by the appropriate City personnel.
C. System Construction and Equipment Standards -The Cable Communications
System shall be installed and maintained in accordance with standard good engineering
practices and shall conform, when applicable, with the National Electrical Safety Code and
the FCC's Rules and Regulations.
Sec. 29. Franchise Fee.
A. As permitted by state and federal law, a Grantee may be required to pay to the
City a Franchise Fee as set forth in a Franchise, in compensation for the use of the City's
Streets pursuant to a Franchise.
588627
Ftauchiu Ordioanee
October 16, 1996 - Page 22
B. If a Franchise requires payment of a Franchise Fee, each such Franchise shall
authorize the City to audit a Grantee's financial records and accountings relating to a
Franchise Fee. A Grantee shall make available at its local business office, upon reasonable
request, such data as needed to conduct such audit in accordance with generally accepted
accounting principles'
C. The City and its representatives shall have the right to inspect a Grantee's
financial records during normal business hours to determine whether a Grantee has properly
paid all sums due to the City pursuant to the terms of a Franchise.
D. Any neglect, omission or refusal of a Grantee to cooperate with the City in
reviewing its financial information for the purpose of auditing payment of a Franchise Fee,
or to pay a Grantee fee in full, at the time and in the manner provided in the Franchise,
which neglect, omission or refusal shall continue for more than 30 days following written
notice thereof to a Grantee from the City, shall be grounds for default of a Franchise as
provided for in Section 35 hereof.
Sec. 30. Liability.
A. A Grantee shall pay all damages and penalties which the City may legally be
required to pay as a result of granting a Grantee's Franchise.
B. A Grantee shall pay all expenses incurred by the City in defending itself with
regard to all damages and penalties mentioned above. The expenses shall include all costs,
such ~s attorney's fees.
Sec. 31. Indemnification.
A. Grantee shall indemnify, defend, and hold harmless the City for all damages
and penalties, at all times during the term of this Franchise, as a result of the procedures for
granting this Franchise, the granting of this Franchise, or Grantee's conduct or performance
under this Franchise. These damages and penalties shall include, but shall not be limited to,
damages arising out of Personal injury, property damage, copyright infringement,
defamation, antitrust, errors and omission, theft, fire, and all other damages arising out of
Grantee's exercise of this Franchise, whether or not any act or omission complained of is
authorized, allowed or prohibited by this Franchise.
B. In order for the City to assert its rights to be indemnified, defended, or held
harmless, the City must:
(1) Notify Grantee of any claim or legal proceeding which gives rise to
such right;
sga62~
Franchise Ordmanee
October 16, 2996 -Page 23
.--
(2} Afford Grantee the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of such claim or proceeding,
unless, however, the City, in its sole discretion, determines that its interests cannot be
represented in good faith by Grantee; and .
(3) Fully cooperate with the reasonable requests of Grantee in its
participation in, and control, compromise, settlement or resolution or other disposition of
such claim or proceeding subject to paragraph (2) above.
(4) Act reasonably under all circumstances so as to protect the indemnitor
against liability and refrain from compromising any of indemnitor's rights.
C. In the event the City, in its sole discretion, determines that its interests cannot
be represented in good faith by Grantee, Grantee shall pay, upon receipt of written demand
from City, all reasonable expenses incurred by the City in defending itself with regard to all
damages and penalties mentioned in paragraph A above. These expenses shall include, but
not be limited to, all out-of-pocket expenses, such as attorney's fees and costs and the
reasonable value of services (as determined by City, rendered by City or any employees,
agents or representatives of City; provided, however, the attorney fees shall not exceed (on
an hourly basis) those customarily charged for similar work in the Twin Cities Metropolitan
area of Minnesota. City reserves the right to cooperate with a Grantee and participate in the
defeise of any litigation either through intervention or otherwise.
3~:c. 3~. .°..~curity Ftinds.
A. The City may require a Grantee to file with the City Clerk, concurrently with
its acceptance of a Franchise and at a Grantee's sole expense, a corporate surety bond,
constnrction bond or letter of credit. Such bond or letter of credit shall be in an amount
specified in the Franchise Agreement Ordinance, issued by a responsible company licensed to
do business in Minnesota and conditioned upon the faithful performance of the Grantee to
meet its obligations under this Ordinance and the Franchise Agreement Ordinance. The bond
or letter of credit may be reduced at the sole discretion of the franchising authority.
B. The provisions of this Section shall not be construed to excuse unfaithful
performance by a Grantee or limit the liability of a Franchise under this Ordinance or a
Franchise for damages.
Sec. 33. Insurance.
A. A Grantee shall maintain liability insurance cavering its obligations of
indemnification provided for in or as a result of the exercise of a Franchise covering both the
City and a Grantee (and shall maintain said insurance during the entire terra of a Franchise)
in the minimum amount of:
388627
Fnoebia: Ordinance
October ;6, 1996 -Page 24
(1) $500,000 for property damage to any one person;
(2) $2,000,000 for property damage in any one act or occurrence;
(3) $1,000,000 for personal injury to any one person; and
(4) $2,000,000 for personal injury in any one act or occurrence.
B. During the term of this Franchise, the Grantee shall maintain insurance, as
required by paragraph (A) above, issued by a carrier or carriers with an A.M. Best rating of
"A-" or better. The Grantee shall maintain on file with the City certificates of insurance
together with written evidence of payment of required premiums throughout the term of this
Franchise. The above minimum amounts may be changed from time to tune by Grantee as
requested by the City; provided, however, the Grantee shall not be required to provide
insurance in excess of what is customarily provided by other cable television operators in the
Twin Cities Metropolitan area.
C. A Grantee shall immediately give notice to City of any threatened or pending
litigation likely to affect this insurance.
D. Neither the provisions of this section nor any damages recovered by City shall
be construed to, or shall, excuse unfaithful performance by a Grantee or limit the liability of
a Grantee.
E. No recovery by City of any sum by reason of the Letter of Credit or Bond
required in a Franchise shall be any limitation upon the liability of a Grantee to City under
the terms of this section, except that the sum so received by City from such Letter of Credit
or Bond shall be deducted from a recovery under this section, if for the same act or
occurrence.
F. All insurance policies maintained pursuant to a Franchise shall contain the
following endorsement:
It is hereby understood and agreed that this insurance policy may not be
cancelled nor the intention not to renew be stated until 30 days after receipt by
the City, by registered mail, of written notice of such intention to cancel or
not to renew.
G. A Grantee shall provide worker's compensation insurance as required by state
law.
H. All such insurance coverage shall provide a 30 day notice to the City Manager
in the event of material alteration or cancellation of any coverage afforded in said policies
prior to the date said material alteration or cancellation shall become effective.
588627
Franchise Ordinance
October 16, 1996 -Page 23
Sec. 34. Default.
A. City shall give written notice of default to a Grantee if City, in its sole
discretion, determines that a Grantee has:
(1) Violated any provision of a Franchise or the acceptance hereof, or any
rule, order, regulation or determination of the City, state or federal
government, not in conflict with a Franchise;
(2) Attempted to evade any provision of a Franchise or the acceptance
hereof;
(3) Practiced any fraud or deceit upon City or subscribers;
(4) Made a material misrepresentation of fact in the application for or '
negotiation of a Franchise; or
(5) Incurred a 12 month or more delay in the construction schedule.
B. If a Grantee fails to cure such default within 30 days after the giving of such
notice (or if such default is of such a character as to require more than 30 days within which
to cure the same, and a Grantee fails to commence to cure the same within said 30 day
period and thereafter fails to use reasonable diligence, in City's sole opinion, to cure such
default as soon as possible), then, and in any event, such default shall be a substantial breach
and City may elect to terminate the Franchise. The City may place the issue of revocation
and termination of a Franchise before the governing body of City at a regular meeting. If
City decides there is cause or reason to terminate, the following procedure shall be followed:
(1) City shall provide a Grantee with a written notice of the reason or
cause for proposed termination and shall allow a Grantee a minimum of
30 days subsequent to receipt of the notice in which to correct the
default.
(2) A Grantee shall be provided with an opportunity to be heard at a public
hearing prior to any decision to terminate a Franchise.
(3) If, after notice is given and an opportunity to cure, at a Grantee's
option, a public hearing is held, and the City determines there was a
violation, breach, failure, refusal or neglect, the City may declare by
resolution the franchise revoked and of no further force and effect
unless there is compliance within such period as the City may fix, such
period may not be less than 30 days provided no opportunity for
compliance need be granted for fraud or misrepresentation.
ssabn
Fraachiu Ordioeace
October 16, 1996 -Page 26
Sec. 35. Continuity of Service.
A. It shall be the right of all Subscribers to continue receiving services insofar as
their financial and other obligations to a Grantee are honored. In the event that a Grantee
elects to rebuild, modify or sell the System, or the City gives notice of intent to terminate or
fails to renew a Franchise, a Grantee shall act so as to insure that all Subscribers receive
reliable service.
B. In the event of a change of a Grantee, or in the event a new operator acquires
a System, a Grantee shall cooperate with the City's new Grantee or operator in maintaining
continuity of service to all Subscribers. During such period, a Grantee shall be entitled to
the revenues for any period during which it operates a System and shall be entitled to
reasonable cost for its services when it no longer operates the System.
C. In the event a Grantee fails to operate the System for three consecutive days
without approval of the City or without just cause, the City may, at its option, operate the
System or designate an operator until such time as a Grantee restores service under
conditions acceptable to the City or a permanent operator is selected. This section shall not
apply if the cable operator is unable to operate the system due to Force Majeure as defined in
Section 38. If the City is required to fulfill this obligation for a Grantee, a Grantee shall
reimburse the City for all reasonable cost or damages in excess of revenue from the System
received by the City that are a result of a Grantee's failure to perform.
D. A Grantee shall not allow its cable or other operations to interfere with the
television reception of Persons not served by a Grantee, nor shall a System interfere with,
obstruct or hinder in any manner, the operation of the various utilities serving the residents
of.the City, as the facilities of such utilities exist at the time of construction or extension of a
Grantee's System.
Sec. 36. Foreclosure and Receivership.
A. Foreclosure. Upon the foreclosure or other judicial sale of a System, a
Grantee shall notify the City of such fact and such notification shall be treated
as a notif cation that a change in control of a Grantee has taken place, and the
provisions of a Franchise govenung the consent to transfer or change in
ownership shall apply without regard to how such transfer or change in
ownership occurred.
B. Receivership. The City shall have the right to cancel a Franchise subject to
any applicable provisions of state law, including the Bankruptcy Act, 120 days
after the appointment of a receiver or trustee to take over and conduct the
business of a Grantee, whether in receivership, reorganization, bankruptcy or
other action or proceeding, unless such receivership or trusteeship shall have
been vacated prior to the expiration of said 120 days, or unless:
388627
Franchise Ordinance
October 16, 1996 -Page 27
(1) Within 120 days after his election or appointment, such receiver or
trustee shall have fully complied with all the provisions of a Franchise
and remedied all defaults thereunder; and,
(2) .Such receiver or trustee, within said 120 days, shall have executed an
agreement, duly approved by the Court having jurisdiction in the
premises, whereby such receiver or trustee assumes and agrees to be
bound by each and every provision of a Franchise.
Sec. 37. Compliance with Laws, Rules and Regulations.
Any of the provisions or terms of this Ordinance may be amended by the City in
order to be made consistent with any new or amended local, state or federal law, rule, or
regulation of governmental authorities with jurisdiction to regulate Cable Communications
Systems. The City and a Grantee shall conform to federal and state laws and regulations as
soon as they become effective. Where amendment to laws, rules or other regulatory
standards requires modification of any Franchise granted pursuant to this Ordinance, the
modifications necessary to effect compliance with such laws, rules or regulations shall be
made within one year of the effective date of such change, or at the time of renewal of a
Franchise, whichever occurs first.
Sec. 38. Force Majeure.
A. In the event a Grantee's performance of any of the terms, conditions or
obligations required by this Ordinance or a Franchise granted hereunder is prevented by a
cause or event not within a Grantee's control, such inability to perform shall be deemed
excused and no penalties or sanctions shall be imposed as a result thereof.
B. For the purpose of this section, causes or events not within the control of a
Grantee shall include but not be limited to acts of God, strikes, sabotage, riots or civil
disturbances, restraints imposed by order of a governmental agency or court, failure or loss
of utilities, explosions, acts of public enemies and natural disasters such as floods,
earthquakes, storms, landslides, and fires.
Sec. 39. Severability.
A. This Ordinance shall be construed in a manner consistent with all applicable
federal and Minnesota laws.
B. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any Franchise granted hereunder is for any reason- held illegal, invalid or
unconstitutional by the decision of any court of competent jurisdiction, such portion shall be
deemed a sepaxate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions hereof or thereof.
ssssr
Franehisa Ortltoanee
October 16, 1996 -Page 28
Sec. 40. Effective Date.
This Cable Regulatory Ordinance shall become effective on January 1, 1997 and
- simultaneously Ordinance No. QJ-~{p~, also lrnown as the Cable Communications Ordinance,
and Ordinance No. ~ -70% also know as the Local Programming Restructuring Ordinance,
shall be repealed, provided that the current Grantee under the Cable Communications
Ordinance has executed a Franchise Agreement Ordinance in compliance with this Ordinance
before December 25, 1996. If the current Grantee under the Cable Communications
Ordinance has not executed a Franchise Agreement Ordinance pursuant to this Ordinance by
12/25/96 ,this Cable Regulatory Ordinance becomes null and void, and the
existing Cable Communications Ordinance remains in force.
Sec. 41. Certification and Publication.
The City Clerk shall certify to the passage of this Ordinance and shall cause the same
to be printed in accordance with the requirements of the City and state law.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Hopkins ,Minnesota, th" 19th day of November 1996.
J~ ~~- -
Mayor
.- L
A
City erk
First Reading of Ordinance #96-79~: November 6, 1996
Second Reading of Ordinance #96-79~ and
approva] fo the Summary of Ordinance #96-79a: November 19, 1996
Date of Publication of the Summary: November 27, 1996
Effective Date of the Ordinance: January 1, 1997
588627
Praac6ise Ordinance
October 16. 1996 -Page 29
EXHIBIT A
FEDERAL COMMUNICATIONS COIVIlVIISSION
' CUSTOMER SERVICE OBLIGATIONS
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Franehiae Ordiaanee
October 16,1996 -Page 30