HomeMy WebLinkAbout1871 Award Cable Television Franchise to Port Townsend Cable TV AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASIIINGTON, CREATING
-AND AWARDING i'ORT TOWNSEND CAI;L~: TV, LTD. A NOr~EXCLUSIVE, FIFTEEN
YEAR CABLE TELEVISION F]IA!~CII:SE ]N 'J'HE ._CITY OF PORT TOWNSEND;PRO-
VIDING RULES GOVERNING THE OPERA?ION OF SAME; AND PROVIDING THAT THIS
ORDINANCE TAKE EFFEC-® IM>tEDIATELY UPON ITS PASSAGE, APPROVAL ILND AFTER
PUBLICATION.
~,~ereas, it is deemed desire~ble and in the best interests of
the citizens of Port Townsend, Washington that a cable TV system exist
for the use of said residents, now, therefore,
BE IT RESOLVED by the City Council of the City of Port Townsend that
Ordinance Number 1762 dated August 17, 1976 is hereby repealed; t~at this.
Ordinance hereby transfers and a~signs the cable television Franchise in
the City of Port Townsend, which was originally granted to Summit Com-
.municat{ons, Inc. in Ordinance Number 1762, to Port Townsend Cable TV,
LTD'-(herein after referred to as "Grantee"), said Franchise and the rules
~overnlng the operation of the Grantee undersaid Franchise being as follows:
Section 1. Definitions. For the purpose of this Franchise, .the
following terms, phrases, words and their derivations shall h~ve the mean-
{ng given'herein[ '.~q~en not inconsist~nt with the t'onte×t, words in the
plural number include the singular number, and words :" the singular num-
ber include the plural number. The word "shall" iS always mandatory and
not merely directory.
(1) "City'.' is Port Townsend, Washington.
(2) "City Counci% is the Port Townsend, Washington City Council.
(3) "Cable Television System" herei~after referred to as'~ATV
System"or "System" means a system of coaxial cables 0~ other
equipment used or to be used primarily to originate or re-
ceive telev;-sion or radio signals directly or indirectly
off-the-air and transmit them to subscribers for a fee.
(4) 7'Person" is any person, f~rm, partnership, association, cur-
.potation, company or organization of any kind.
(5) "Grantee" is Port Townsend Cable TV, LTD., or person who
succeeds such Company in accordance with the provisions of
this Franchise.
Section 2. Grant of Nonexclusive Author. ity .
(a) The Grantee ~all have the r~ght and privilege to construct,
· operate, and rm~intain in, upon, along, across, above, over, and under the
streets, alleys, pu. blic ways and places now laid out or dedicated and all
extensions thereof, and additions thereto in the City; poles, wires, cables,
underground conduits, manholes, and other television conductors and fix-
tures necessary for the maintenance and the operation in the City of a CATV
system as herein defined.
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(b) The right to use and occupy said streets, alleys, public ways
and places for the purposes herein set forth shall not'be exclusive,and
the City reserves the right to grant a simi!-~ use of said streets,
alleys, public ways and places to any 'person at any time durin~ the period
of this Franchise.
Section 3. Rules of Grnntee. The Grantee shall have the authority
to promulgate such rules, regulations, terms and condi'tions governing
the conduct of its business as shall be reasonably necessary to enable
said Grantee to exercise its rights and perform its obligations under
this permit and to assure uninterrupted s~rvi'ce to each and all of its
customers; provided that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereto, the rules of the Fed-
eral Communications Co~.~,ission, the laws of the State of
the City or any other body having lawful jurisdiction hereof.
~ Section 4. Compliance with Applicable Laws, Resolutions, and Ordinances.
The Grantee shall, at all times during the life of this franchise, be
subject to all lawful exercised of the police power by the City and to
such reasonable regulation ~s the City shall hereinafter provide.
Section 5. Territorial Area Involved. This Franchise relates to
the present territorial limits of the City, and to any area henceforth
added thereto during the term of this Franchise.
Section 6. Liability and Indemnification. The Grantee shall hold
the City harmless against any and all damages that may be caused by reason
of the construction and/or operatio~ of Grantee's CATV System in the ter-
ritorial area involved to any and every person or persons, and Grantee
shall cause to be defended at {ts own expense all actions that may be
commencec against the City for ~ama.- s by reason of the construction
and/or operation of such system in the territorial area involved. The
Grantee shall carry public liability and property damage insurance in the
sum of not less than One Hundred Thousand Dallars ($100,000.00) for each
individual, Three Hundred Thousand D .... lard ($300,000.00) for each ac-
cident, and One Hundred Thousand Dollars ($100,000.00) for property damage.
Section 7 Safety Requirements.
{a) The Grantee shall at all times employ ordinary care and shall
install and maintain in use con,only accepted methods and devices for
preventing fa{lures and accidents which are likely to cause damage, injuries,
o~ nuigances to the public.
(b) The Grantee shall i~stall and maintain its wires, cables, fix-
tures, and other e~uipment in acco_~ance w£th the requirements of
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the National Electric Safety Code, the State of Washington , and in
such manner that they will not interfere with any installations of the
C~ty.
(c) All structures ~nd all lines; equipment and connec-t~ons in,
over, under and upon the streets, sidewalks, alleys and public ways
and places of the City, wherever s~tuated or located, shall at all
t~mes'be kept and maintained.
Section 8. Conditions on Street Use.
(a) All transmission and distribution structures, lines and
equipment erected by the Grantee within the City shall be located so
as not to obstruct or interfere with the proper use of streets, alleys
and other public ways and places, and to cause a minimum interference with
the rights of property owners who abut any of the said streets, alleys
and other public ways and places, and not to interfere w~th ex~sting
public utility installations. In areas where-all other utilities are
underground, Grantee shall place his facilities underground as well.
krnen property owners pay all or a portion of undergroundin§ costs,
by the Local Inprovement District method or otherwise, Grantee shall
be entitled to a pro-rated portiom. ,f such payment.
(b) 'In case of any disturbance of pavement, sidewalk, driveway
or other surfacing, the Grantee sh-~ll, at its own expense, replace
and restore all 9avlng, sidewalk, driveway or other surface of any
street or alley disturbed in accordance with the standards and
specifications of the-City.
(c) If at any time during the period of this ordinance the
City sh~ll elect to a!t:~r, or change the grade or location of any
street, alley or other public way, thc. Grantee shhll, upon reasonable
notice by the City, remove and relocate ;ts poles, wires, cables,
conduits,~nholes and other fixtures at its own expense, 8nd in each
instance comply with the standards and specifications of the City.
(d) The Grantee shall not place poles, conduits, or other
fixtures above or below .the ground where the same will interfere with
any gas, electric, telephone fixtures , water hydrants or other
utilities, and all such poles shall be placed so as to comply with
all requirements of the City.
(e) The Grantee shall, on request of any person holding a
moving permit issued by the City, temporarily move its wire or fixtures
.to permit the moving of buildings with the expense of such temporary
............... ~e~v.a.t__to~be~p~el in ~d%*ance---by---t-he~pe~,~equest{ng the s~me,-and ........
the Grantee shall be given not less than Forty-eight (48) hours advance
notice to arrange for such temporary changes.
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The Grantee sh~l have the authority
overhar, ging the street, alley, side;';alks, or
to trim any trees upon and
i:.ub~c easements of the
City so aS to prevent the branches of such trees from coming in contact
with the wires and cables f~o the Grantee.
-' (g) In so far as the Cit~ Street Department requires Permits and
detailed plans of all underground Proj~cts, a copy of all as built
underground Projects will be submitted to the City on ~-¥earlYoBasi~.
Section 9. Erection, Removal and Joint Use of Pol'e~-
(a) No poles, conduits, or other wire-holdir~g structures shall be
erected-or installed by the Grantee without prior app~or_yal of the City
Engineer with regard to location, height, type and other, pertinent aspecs.
The location of any Pole, conduit, or wire-holdir~ structure of the
Grantee shall not be a vested right and such poles, conduits or struc-
ture shall be removed or modified by the Grantee at its own expense upon
order of the City.
{b) Where pole, conduits, or other wire-holding str~ctures of any
public utility company are available for use by Grantee, the City may
require the Grantee to use such poles, conduits and structures if the
permission and consent of such. publid utility company may-be obtained
by the Grantee and if the terms of the use available to the Grantee
are just and reasonable.
Section 10. Preferential or Discriminator[ Practices~ Prohibited
The Grantee shall not, as to rates, charges, service, facilities, rules,
regulations, or in any other respect, make or grant any undue preference'
or advantage to any person, nor subject any person to any prejudice or
disadvantage.
Section 11.
Duration of Franchise.
This Franchise and the rights,
privileges and 'authority hereby granted shall take effect and be in force
. . 19~0, and shall continue in full
from and after ~,~.~,~. ~ ~
force and effect for the term of Fifteen (1~) years.
Section 12. Operation Standards. The CATV System shall be instglled
and maintained in accordance with the highest and best standards of the
Industry and the Federal Communications Cos~ission Regulations to the
end that Subscribers shall receive the best service possible.
Section 13. S_[stem Construction and F~tensions
......... (a) Grantee, whenever i_~ shal~-receive~request for s~rvice
least Ten {10) subscribers within 1Z20 cable feet of its trunk cable,
shall extend its system to such subscribers at no cost to the subscribers
for the system extension other than the usual connection fees for all
subscribers, provided thet such e~tension is technically and physically
feasible. The 1~20 feet shall be measured in extension lenght of the
cable require to service located within the public way or easement and not
to include the length of the drop .w_i%_e to the Subscribers home.
(b) No person in Grantee's service area shall be arbitrarily
refused service, However, in recognition of the capital costs involved
for usual circumstances such as requirement for underground c;-ble, or more
than 150 feet of distance from distribution cable 'to connection of
service to subscribers, or a density of less than Ten (10) subscribers
per 1320 feet of cable system, as indicated in 13 (a) above, in order
to prevent inequitable burdens on potentlal cable subscribers in more
densely populated areas, service may be made available on the basis of
cost of materials, labor and easements as an initial fee in addition
to the usual and customary subscriber charges.
Section 14. Unauthorized Use and Attachment.
(a) Whoever, without the consent of the Grantee, willfully destroys,
damages or in.any way injures any CATV system within the City, or its poles,
cables, wires, fixtures, antennae, amplifiers or other apparatus, equip-
ment or appliances, or who willfully obstructs, impedes or impairs the
service of any system therein, or any of its line, or the transmission
of television and radio signals r',ereover; or whoever, without such consent,
attaches within City any device or equipment to such system, or any llne,
antenna, poles cable wire, fixture, amplifier or other apparatus, instrument,
equipment or appliance thereof; or who taps or connects directly or indir-
ectly, by wire or any other means whatsoew ~, to or with any system line so
as to see, or hear,or be in a position to see or hear, for any use or
purpose whatsoever, any signal going over said system line, or who makes
said tapping or connection for the purpose of receiving or enabling any
other person to receive any service over said line or .lines; or whoever
uses or attempts to use, in any manner or for any purpose, any information
so obtained, or communicates the same in any way or for any purpose, or
attempts to so conununlcate the same; or whoever aids, agrees with, employs,
or conspires with, any person t6 do or cause to be done any of the acts
hereinbefore set forth; shall be guilty of a misdemeanor, and upon con-
viction shall be fined in a sum not exceeding Three Hundred Dollars ($300.00),
and each .day that such violation exists shall constitute a separate offence.
(b) In all prosecutions of this section of this ordinance,, proof
that a'ny of the acts herein forbidden were done on or about the premises
owned or occupied by the defendant charged with the con~ission for such
offense, or that the defendant unlawfully received the benefit of the
transmission of television signals from system on account of the
con~ission of such acts, shall be prima facie evidence of the guilt of
.the defendants.
Section 15. Miscellaneous Provisions
(a) In the event a customer fails to pay his monthly service charge
to Gr.~mtee by the tenth 'of 'the month in which said charge is due, Grantee
is authorized to disconnect the installation or charge a collection fee
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of Five Dollars ($5.00) or both. Any customer disconnected for nonpayment
shall be required ~to pay a full installation fee, in addition to all back
charges and collection fee, in order to have the service reconnected.
(b) This Franchise is governed by and subject to all applicable rules
and regulations of the Federal Communications Commission. Should there be any
modifications of the provisions of Section 78.31 of the Federal Communications
Commission Rules and Regulations which must be incorporated into this
Franchise the City or Grantee agree that such further action shall be accom-
plished within One (1) year of the adoption of the modification, or at the
time of the next franchise renewal, whichever occurs first.
(c)~ The City retains the right of rate review, and may nulify any X'~¢~f~'
portion of increase beyond a reasonable amount (if the grantee increases its
rates, and the City believes that the increase is unreasonable, it may at its
option, (within 30 days) notify Grantee to appear before the City Council to
justify increase and require a public hearing if deemed necessary)
(d) Operation and Maintenance of the System. The Grantee shall render
effective service, make repairs promptly, and interrupt service only for good
cause and for the shortest time possible. Such interruptions, as far as
possible, shall be preceded by notice and shall occur during periods of minimum
use of the system.
(e) Emergency Use of Facilities. In the case of any emergency or
disaster, the Grantee shall, upon request of the City Council, make available
its facilties to the City for emergency use during an emergency or disaster
period.
Section 16. Franchise Fee. In consideration of the rights and pri-
vileges granted herein, Grantee agrees to pay a Franchise fee of 1 percent (1%)
of Gross Subscriber Revenues, such fee to. be payable within 90 days after
completion of Grantee's fiscal year for Gross Subscriber Revenues received
within said fiscal year.
(a) Five years from the date hereof, the Franchise fee shall increase
to Two Percent (2%), and Ten years from the date hereof, the Franchise fee
shall increase to Three Percent (3%); provided, however, that in the event
Grantee's rate of return on investment is not adequate, upon proper showing of
this inadequacy by Grantee, the City may wave either or both of these fee
increases.
Section 17. Transfer of Franchise. The Grantee of this Franchise may
not assign or transfer the same without the consent of the City. Nothing
herein shall be construed so as to give the Grantee, its successors or assigns
any exclusive right to the privileges granted herein.
Section 18. Separability. If any section, subsection, sentence,
clause, phrase or portion of this~-O~d'fh-a-r~I~tfo~ any reaso~--~e~i-d~v~~--~ .....
or unconstitutional by any Court of competent jurisdiction or any Federal,
State, or local regulatory body or agency having jurisdiction over Grantee,
such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions
hereof.
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Section 19. This ordinance shall take effect and be in force from
and after its passage, approval and p~blication.
PASSED AND ADOPTED by the City Council and approved by the Mayor of
the City of Port Townsend, Washington this 16th day of December , 1980.
City Clerk
Accepted,
Summit Communications, Inc.
President