Fort Walton Beach Ordinance — 1382 Cable Communication Franchises — reading text

ING! DATE Ist Wikwi ORDINANCE NO. 1382 Rnd 135/99 rf d AN ORDINANCE OF THE CITY OF FORT WALTON BEACH PROVIDING PROVISIONS FOR THE GRANTING OF CABLE COMMUNICATIONS FRANCHISES ; ESTABLISHING PROVISIONS FOR RENEWAL FEES AND REVOCATION OF SUCH FRANCHISES; PROVIDING FOR THE REGULATION OF SUCH FRANCHISES; PROVIDING FOR’ BONDS, INSURANCE, AND INDEMNIFICATION ; PROVIDING DESIGN AND CONSTRUCTION PROVISIONS; PROVIDING SERVICE PROVISIONS; PROVIDING FOR KEEPING AND MAINTENANCE OF BOOKS, RECORDS, AND REPORTS; PROVIDING FOR FRANCHISE APPLICATIONS, AND PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT: SECTION 1. AUTHORITY. The authority for the enactment of this Ordinance is Section 166.021, Florida Statutes. SECTION 2. CREATION. Chapter 39 of the City Code is hereby created and states the following: Article I. General Section 39-1 Purpose and Intent (a) The City of Fort Walton Beach finds that the development of Cable Communications has the potential of having great benefit and impact upon the people of Fort Walton Beach. Because of the complex and rapidly changing technology associated with cable television, the City further finds that the public convenience, safety and general welfare can best be served by exercising regulatory powers which are vested in the City or such persons as the City shall designate. It is the intent of this Ordinance and subsequent amendments to provide for, and specify the means to attain, the best possible public interest and public purpose in these matters and any franchise issued pursuant to this Ordinance shall be deemed to include this finding as an integral part thereof. (b) Further, it is recognized that cable communications systems have the capacity to provide not only entertainment and information services to the City's residents, but can provide a variety of interactive communications services to institutions and individuals. Many of these services involve City agencies and other public institutions, by providing governmental, educational or health care communications. | (c) For these purposes, the following goals underlie the regulations contained herein: (1) Communications services should be made available to all City residents. (2) The cable communications system should be capable of accommodating both the present and reasonably foreseeable future communications needs of the City. (3) The cable communications system should be improved and upgraded as necessary during the franchise term so that the new facilities necessary for the operation of this system shall be integrated to the maximum extent possible with existing facilities. (4) The cable communications system authorized by this Ordinance shall be responsive to the needs and interests of the local community, and shall provide a wide diversity of information sources and services -2- to the public. (5) That the public, educational, and governmental needs for access to the cable communications system are met. (ad) That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 39-2 Definitions. (a) For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. (1) "Additional services": Programming or services for which an additional charge is made beyond the charge for basic subscriber services, including, but not limited to: movies, concerts, variety acts, sporting events, pay-per-view programs, interactive services, leased access and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this Ordinance. (2) "Affiliates": When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (3) "Audio services": Audio services such as the re- -3- transmission of broadcast FM radio signals, shortwave, weather, news, time and other similar audio services and the transmission of cablecast (nonbroadcast) radio signals. (4) "Basic cable services": Any service tier which includes the retransmission of local broadcast signals and the public, educational and government access channels. Basic service may be further defined in the franchise agreement to include specific services or types of services to be provided by the Grantee and shall be consistent with any amendment to the Cable Communications Policy Act of 1984 or other applicable federal law or regulation. (5) "Communications Policy Act of 1984" or "Cable Act": The Cable Communications Policy Act of 1984, Pub. L. 98-549, 98 Stat. 2779 (1984), as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), and as it may be amended in the future. (6) "Cable communications system", "Cable system" or "System": A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. Such term does not include: (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the -4- provision of Title II of the Cable Act, except that such facility shall be considered a cable system (other than for purposes of Section 621(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with §653 of the Telecommunications Act of 1996; or (e) any facilities of any electric utility used solely for operating its electric utility systems. (7) "Channel": A six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals. (8) "Closed-circuit" or "Institutional service": Such video, audio, data and other services provided to institutional users. These may include, but are not limited to: one-way video, two-way video, audio or digital signals transmitted among institutions and/or to residential subscribers. (9) "Commercial subscriber": A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession. (10) "Converter": An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at ~5- designated converter dial locations at the set or by remote control . (11) "Council": The City of Fort Walton Beach City Council. (12) "Days": Calendar days unless otherwise specified. (13) "Discrete channel": A channel which can only be received by the person and/or institution intended to receive signals on such channel. (14) "Downstream channel":A channel which is transmitted from the cable communications system headend or other origination point through the cable distribution plant to subscribers. (15) "Drop": A coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal. A standard drop shall be a drop whose length is not more than one hundred fifty (150) feet. (16) "Educational channel" or "Educational access channel": Any channel designated for non-commercial educational use and which is provided at no charge to subscribers; provided, however, that broadcast of information identifying program sponsorships is permitted. (17) "Fair market value": The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time. (18) "FCC": The Federal Communications Commission and any legally appointed or elected successor. (19) "Franchise": A franchise contract entered into -6- voluntarily by the Grantee, containing the specific provisions of the franchise granted, including referenced documents 9 and/or specifications. The franchise granted pursuant to this Ordinance grants the nonexclusive rights to construct, operate and maintain a cable communications system along the streets and public grounds within all or a specified area in the city limits of Fort Walton Beach. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City. (20) “Franchise area": The entire City as the same may exist from time to time. (21) "Franchise fee": The percentage, as specified by this Ordinance, of the Grantee's gross revenues from all sources payable in exchange for the rights granted pursuant to this Ordinance and the franchise agreement. (22) "Franchisee or grantee": Any natural person(s), partnership(s), domestic and foreign corporation(s) association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the City, and shall include the lawful successor, transferee or assignee of such Franchisee or Grantee. (23) “Government channel or government access channel": Any channel specifically designated or dedicated for non-commercial government use and which is provided at no charge to subscribers; -7- provided, however, that broadcast of information identifying program sponsorships is permitted. (24) "Grantor": the City of Fort Walton Beach as represented by the City Council, or its designee, acting within the scope of its jurisdiction. (25) "Gross annual revenues": All revenue derived directly or indirectly by the Grantee, its affiliates or subsidiaries, from the operation of the Grantee's cable system pursuant to a franchise granted by the City, which shall include, but not be limited to: basic subscriber fees; subscriber fees for optional services; subscriber fees for other than basic service; installation, disconnection and reconnection fees; leased channel fees; fees, payments, or other considerations received from programmers; equipment sales and rentals (including converters and remotes) ; studio and production equipment rentals and other revenues derived from the use of local origination facilities provided by the Grantee; advertising revenues; and the sale of, awards for, or any exchange of value for any programming developed for community service or the local origination channel for any governmental or franchising agency. This sum shall exclude bad debts. Taxes levied by federal, state, county, city or other governments and collected on behalf of that government shall be excluded. Gross annual revenues shall include the money collected from subscribers to pay franchise fees collected in conformance to this ordinance. (26) "Installation": The connection of the system from feeder ~B- cable to subscribers' terminal (s). (27) "Institutional service": See “closed circuit" definition above. (28) "Leased access channel" or "Commercial access channel": Any channel designated or dedicated for use by persons unaffiliated with the Grantee, at rates in accordance with the Cable Act. (29) "Monitoring": Observing a communications signal, or the absence of a signal, where the observer is not a party to the communication,