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

whether the signal is observed by visual or electronic means, for any purpose whatsoever. (30) "Narrowcasting": The ability to distribute cable programming to a particular segment or segments of the cable subscribers. (31) "Person": An individual, partnership, association, organization, corporation, joint stock company, trust, or governmental entity or any lawful successor transferee of said individual, partnership, association, organization, corporation, joint stock company, trust, or governmental entity. (32) "Plant mile": A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal. (33) "Programmer": Any person or entity who or which produces or otherwise provides program material oor information for transmission by video, audio, digital or other signals, either live or from recorded tapes or other storage media, to users or ~9- subscribers by means of the cable communications system. (34) "Public access channel", "Community access channel" or "Community channel": Any channel designated or dedicated for noncommercial use by the general public or noncommercial organizations which is made available for use without charge. (35) "Public property": Any real property owned by the City or any other government entity other than a highway, street, sidewalk, or easement or dedication. (36) "Public-rights-of-way" or "Streets and public grounds": The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right-of-way or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable communications system. No reference herein, or in any franchise, to the "Streets and Public Grounds" shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give. (37) "Reasonable notice": Written notice addressed to the Grantee at its principal office or such other office as the Grantee has designated to the City as the address to which notice shall be -10- transmitted to it, which notice shall be certified and postmarked not less than fourteen (14) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said fourteen (14) days, recognized City holidays shall be excluded. (38) "Resident": Any person residing in the City except as otherwise defined by applicable law. (39) "Residential subscriber": A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession. (40) "Sale": Any sale, exchange, or barter transaction. (41) "School": Any accredited public or nonprofit educational institution including primary and secondary schools, colleges and universities, both public and private. (42) "Service area": The entire geographic area within the franchise territory. (43) "State": The state of Florida. (44) "Subscriber": Any person, firm, corporation or other entity who or which subscribes to, for any purpose, a service provided by the Grantee by means of, or in connection with, a cable communications system and who pays the charges therefor. (45) "System facilities" means the cable communications system constructed for use within the City, without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or -11- facilities located within the corporate limits of the City designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals to and from subscribers, in the City and any other equipment or facilities located within the corporate limits of the City intended for the use of the cable communications system; provided, however, such system facilities excludes building, contracts, facilities, and equipment where its sole use is for providing service to other system facilities located outside the City limits. (46) "Transfer": The disposal by the Grantee, or any owner(s) thereof, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty-five percent (25%) or more at one time of the ownership or controlling interest in the system, or fifty percent (50%) cumulatively over the term of the franchise of such interests, to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert. For purposes of this Ordinance, the term "transfer" shall not include a wholly internal reorganization in which ultimate control of the Grantee does not change; provided, however, Grantee shall be required to promptly notify the City of such reorganization. (47) "Trunk line": The major distribution cable used in cable communications, which divides into feeder lines which are tapped -12- for service to subscribers. (48) "Upstream signal": A signal originating from a terminal to another point in the cable television system including video, audio or digital signals for either programs or other uses such as security alert services, etc. (49) "User": A person or organization utilizing a channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity. Article II Grant of Franchise. Section 39-3 Grant of Franchise. (a) GRANT OF FRANCHISE (1) Grant. The City has the authority to grant a revocable and non-exclusive franchise to construct and operate a cable communications system in, under, over, along, across or upon the streets and public grounds within the City of Fort Walton Beach for the purpose of reception, transmission, collection, amplification, origination, distribution, or redistribution of audio, video, data, or other signals and for the development of broadband telecommunication services in accordance with the laws of the City of Fort Walton Beach, the State of Florida, and United States of America. In exercising rights pursuant hereto, Grantee shall not endanger or interfere with the lives of persons, interfere with any installations of the City, any public utility serving the City or any other person permitted to use the streets and public grounds -13- nor unnecessarily hinder or obstruct the free use of the streets and public grounds. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the City's own use of the streets and public grounds. The City shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by the cable communications system. All rights granted for the construction and operation of the cable communications system shall be subject to the continuing right of the City to require such reconstruction, relocation, change or discontinuance, of the appliances used by the cable communications system in the streets, alleys, avenues, and highways of the City, as shall in the opinion of the City be necessary in the public interest. (2) Non-exclusive. No grant of any franchise shall affect the right of the City to grant to any other person a right to occupy or use the streets, or portions thereof, for the construction and operation of a cable communications system within the City or the right of the City to permit the use of the streets oer public grounds of the City for any purpose whatever. By accepting a franchise, the franchisee thereby acknowledges the City's right to make such grants and permit such uses. No privilege or power of eminent domain is bestowed on Grantee by the grant of a franchise. (3) Conflict. In the event of conflict between the terms and conditions of this Ordinance and the franchise, the franchise shall -14- control. (4) Subject to General Ordinances. Any franchise granted by the City is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, taxes, fees to be paid, or manner of construction. (b) USE OF PUBLIC STREETS AND WAYS. For the purpose of operating and maintaining a _ cable communications system in the City, the Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable communications system, provided, however, that Grantee complies with all design, construction, safety, and performance provisions contained in this Ordinance, the franchise, and other applicable laws. The Grantee shall also obtain pole attachment agreements for use of any utility poles or other utility facilities required in connection with the provision of services. (c) USE OF GRANTEE FACILITIES. No poles shall be erected by the Grantee without prior approval of the City with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the -15- Grantee shall be a vested right and such poles shall be removed, relocated or modified by the Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby. Grantee shall utilize existing poles and conduits, where possible. The City shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles owned by the Grantee, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the Grantee. (ad) TERM OF FRANCHISE. The term of the franchise shall commence upon execution of the franchise by the City and the Grantee and shall continue for a period specified in the franchise, unless sooner terminated as provided herein. Grantee shall have no property right upon the expiration of the franchise term. (e) FRANCHISE REQUIRED. No cable communications system shall be allowed to occupy or use the streets of the City or be allowed to operate within the City without a franchise. (f) POLICE AND REGULATORY POWERS RESERVED. Grantee shall comply with all applicable laws, ordinances and regulations enacted by the City pursuant to any such power. Any conflict between the terms of this Ordinance or the franchise and any present or future lawful exercise of the City's police and regulatory powers shall be resolved in favor of the franchise. -16- (g) RIGHT OF CONDEMNATION RESERVED. Nothing in this Ordinance or the franchise shall limit any right the City may have to acquire by eminent domain or otherwise any property of Grantee, provided, however, that any such acquisition shall be for a price that values Grantee's property at fair market value, exclusive of the value of the grant of the franchise. (h) CITY'S RIGHT TO PERFORM PUBLIC WORKS. Nothing in this Ordinance shall be a hindrance to the right of the City or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable communications system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the Grantee shall, at its own cost