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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 388627 Franehise Ordinmce October 16, 1996 -Page i 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 588627 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 588627 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. 588627 Franchise Ordinance 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. 588627 Franchise Ordinance October 16. 1996 -Page 2 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 588627 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 568627 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 588627 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. 588627 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. 588627 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 588627 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. 588627 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. 388627 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. 588627 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 388627 Franehiae Ordiaanee October 16,1996 -Page 30