Please ensure Javascript is enabled for purposes of website accessibility Ordinance No. 219 - Cable - Wabasso MN

AN ORDINANCE CREATING AND AWARDING A CABLE COMMUNICATIONS FRANCHISE FOR WABASSO CERTAIN SURROUNDING AREAS AND RULES GOVERNING OPERATING OF THE SAME

Section 1. DEFINITIONS:

  1. “Franchisor” is the City of Wabasso.
  2. “Franchisee” is Star Gazers, Inc. located at Box 322, Flandreau SD 57028.
  3. “Board” is the Minnesota Cable Communications Board.
  4. “IFCC” is the Federal Communications Commission of the United States.
  5. “Class IV Channel” means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable communications system.
  6. “Non-voice return communications” means the provision of appropriate system design techniques with the installation of necessary non-voice communications electronic modules.
  7. The word “shall” is mandatory.
  8. The word “may” allows discretion.
  9. “Annual Gross Subscriber Revenue” The total monthly revenue from all subscribers, not including hookups, reconnects, or sales of converters, for a period of one year, less the sales tax paid by the subscriber.
  10. “Cable Service Territory” shall be the geographic area described in Section 2 herein.

Section 2. GRANT OF AUTHORITY.

            The city council of Wabasso ordains that a cable communications franchise for the installation, operation, and maintenance of a cable communications sytem within the Corporate Limits of the City of Wabasso, and extending one-half mile in every direction from said city limits is granted to the company knpwn as Star Gazers, Inc.

Section 3. COMPLIANCE WITH MINNESOTA COMMUNICATION BOARD’S FRANCHISE STANDARDS

The franchisee shall at all times be in compliance with the franchise standards of the Minnesota Cable Communications Board.

Section 4. COMPLIANCE WITH STATE, FEDERAL AND LOCAL LAWS.

            The franchisee and franchisor shall conform to all state laws and rules regarding cable communications not later than one (1) year after they become effective unless otherwise stated and to allfederal laws and regulations regarding cable communications as they become effective.

            The franchisee shall, at all times during the life of this franchise, be subject to all regulations of the franchisor existing a t the time of adoption of this ordinance and to any regulations of the franchisor as the franchisor may hereafter provide.

Section 5. CERTIFICATE OF CONFIRMATION

            The franchise shall cease to be in force and effect if the franchisee fails to obtain a regular certificate of confirmation from the Board, provided, however, that the franchisee may operate the cable communication system while the Board is considering the application for renewal of the certificate of confirmation.

Section 6. FRANCHISE TERMS

            The franchisee shall have an initial franchise term of 15 years from the effective date, and any renewal term, if granted by the franchisor, shall be for a period of not more than 15 years.

Section 7. RENEGOTIATION OF FRANCHISE TERMS

            Renegotiation between the franchisor and franchisee shall occur one year before the end of the franchise terms unless franchisor determines not to reissue the franchise to the franchisee or desires to consider additional applications for a franchise.

Section 8. NON-EXCLUSIVE FRANCHISE

            This franchise agreement is non-exclusive. Whereas the franchisor has approved of the legal, character, financial, technical, and other qualifications of the franchisee and the adequacy and feasibility of the franchisee’s construction arrangements as part of a full public proceeding affording due process, there is hereby granted by the franchisor to the franchisee a non-exclusive franchise, right and privilege to construct, erect, operate, modify and maintain, in upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Cable Service Territory, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a Cable Television System for the purpose of distributing television and radio signals and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public.

Section 9. SALE OR TRANSFER OF THE FRANCHISE, SALE OR TRANSFER OF STOCK

            Sale or transfer of this franchise or sale or transfer of stock so as to create a new controlling interest is prohibited except at the approval of the franchisor which approval shall not be unreasonably withheld, and except that such sale or transfer is completed pursuant to Board rules, Chapter 12.

Section 10. ACCESS TO FINANCIAL AND OTHER RECORDS

            The franchisor is granted the authority to audit the franchisee’s accounting and financial records of this franchise operation upon reasonable notice. The franchisee shall file annually with the franchisor reports of gross subscriber revenues and other information as the franchisor deems appropriate. The franchisee hereunder shall file with the City an accurate copy of maps and/or [lats showing the exact location of all existing and proposed installations upon the streets or other public places in the franchise area.

Section 11. CHANNELS AND RATES

            The franchisee shall provide the following levels of service within the Cable Service Territory: Basic, Tier I and Tier II.

            The Basic Level shall include ESPN, CNN, CBN, WGN, WTBS, the following off-air channels from Saint Paul and Minneapolis: WCCO (4), WTCN (11), KSTP (5), KMSP (9) and the off-air channel from Mankato Minnesota, KEYC (12), and a public access channel for local broadcasting. It is specifically understood when the Public Access channel is in use the ESPN channel shall be interrupted.

            The Tier I level of service shall include a Premium Channel broadcasting movies such as Home Box Office (HBO),Cinemax, Spotlight, Showtime or Movie channel, and the 24 hour music channel MTV,

            The Tier II shall include the Disney Channel, WOR-New York, and the Nashville Channel.

            The cost to the subscriber shall be $10.00 per month for the Basic level of service, an additional $10.00 per month for Tier I, and an additional $10.00 per month for Tier II. There will be no installation charge for a normal hookup (not underground) and a second television hookup is a one-time charge of $15.00, plus $3.00 for an AB switch. There will be no disconnect charge, however a rehookup fee is $30.00. Subscription rates are subject to any applicable taxes, including but not limited to Minnesota State Sales tax.

            Franchisee shall provide the above described levels of service to hospitals and nursing homes within the Cable Service Territory at the monthly rate of $1.00 per room. There will be no installation charges assessed if there is an existing master antenna system and if the wiring of each individual room is necessary, a charge of $15.00 per room will be assessed for installation. If the wiring of each individual room is necessary, it could be done by a private contractor or by the hospital or nursing home itself.

It is specifically agreed and understood that the obligation of the franchisee to provide cable communication system services within the Cable Service territory without an installation charge shall only apply to subscribers within 600 feet of a main trunk line of the cable communications systems. The cost, if any of installation to any potential subscriber located beyond 600 feet of a main trunk line shall be subject to negotiation between the franchisee and the potential subscriber.

Section 12. RATE CHANGE PROCEDURES

            Before making any changes in the rates and charges to subscribers for basic cable nad movie communications service, (this includes installation, second hookup and re-connect charges) franchisee shall file in writing with the Wabasso City Council a new proposed rate change at least 30 days in advance of the proposed effective date for such rate change.  If the council takes no action to set the proposed rate change, or takes no other action to delay such changes, said proposed rate changes may become effective upon expiration of the thirty day notice. If the City Council questions the proposed change, there will be no rate change without consent of the City Council. The franchisee shall at all times maintain on file in the City Council Office a schedule setting forth all rates and charges to be made to subscribers for all cable communications service. This provision does not limit the right of the franchisee to pass along to the subscribers the state and local sales tax or any specific copyright fee.

Section 13. RESIDENTIAL SUBSCRIBER CONTRACTS

            Residential subscribers will not be required to sign any contracts for cable communication services.

Section 14. FRANCHISE ADMINISTRATOR

            The Wabasso City Council and the Clerk shall be responsible for the continuing administration of this franchise.

15. LIABILITY INSURANCE

            Franchisee shall at all times keep in effect the following types of insurance coverage,

            Workers compensation upon its employees engaged in any manner in the installation and servicing of its plant and equipment in the Cable Service Territory.

            Property Damage Liability Insurance to the extent of fifty thousand dollars ($50,000.00) as to any person and one hundred thousand dollars ($100,000.00) as to any one accident, and personal injury liability insurance to the extent of one hundred thousand dollars ($100,000.00) as to any one person and three hundred thousand dollars ($300,000.00) as to any one accident.

            Franchisee shall indemnify, protect, and save harmless the franchisor from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any worker’s compensation law which may be caused by the erection, maintenance, use or removal of any of their attachments, poles or other undertakings, within the Cable Service Territory, or by any action of franchisee, its agents or employees. Franchisee shall carry insurance in the above described amounts to protect the parties hereof from and against all claims, demands, actions, suits, judgements, costs expenses and liabilities which may arise or result, directly or indirectly from or by reason of such loss, injury or damage. Franchisee shall also carry such insurance as it deems necessary to protect it from all claims under workers compensation laws in effect that may be applicable to franchisee. The franchisor shall give franchisee prompt written notice of any such claims, demands, actions, suits, judgements, costs expenses or liabilities. All insurance required shall be and remain in full force and effect for the entire life of the franchise which is fifteen years.

Section 16 CERTIFICATE OF DEPOSIT

            At the time the franchise becomes effective and at all times thereafter until the franchisee has liquidated all of its obligations with the franchisor, the franchisee shall furnish a certificate of deposit approved by the franchisor in the amount of five thousand dollars ($5,000.00) in the name of the “City of Wabasso and Star Gazers, Inc” and to be held by the Wabasso State Bank. In the event the franchisee fails to perform all or any part of its obligations as expressed herein and upon written notice received from the Wabasso City Clerk claiming such failure of full or part performance, the Wabasso State Bank shall pay said sum to the City of Wabasso as liquidated damages. The franchisor may from year to year, in its sole discretion, reduce the amount of the certificate of deposit.

Section 17. LIABILITY FOR INJURY TO FRANCHISEE’S FACILITIES

            Nothing in this franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the franchisee’s facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

Section 18. PUBLIC HEARINGRE: FRANCHISEE’S CREDENTIALS

            The franchisee’s technical ability, financial condition and legal qualifications were considered and approved by the franchisor in a full public hearing proceeding affording reasonable notice and a reasonable opportunity to be heard.

Section 19. CHANNEL CAPACITY

            The franchisee shall construct the cable communications system with a channel capacity of immediate or potential use of 35 television channels.

Section 20. CONSTRUCTION AND SCHEDULE OF CONSTRUCTION

            Within 90 days of the granting of the franchise, the franchisee shall apply for all necessary permits, licenses, certificates and authorizations; that energized trunk cable shall be extended substantially throughout the authorized area within one year after receipt of all necessary governmental permits, licenses, permits, certificates and authorizations; and that persons along the route of the energized cable will have individual “drops” as desired during the same period of time. Upon the occurrence of unseen events or acts of God this provision may be waved by the franchisor.

All transmission and distribution structures, lines and equipment erected by the franchisee within the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners. 

All transmission and distribution structures, lines, and equipment erected by the franchisee within the Cable Service Territory shall be located erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with any installations of the franchisor or of a public utility serving the Cable Service Territory or to interfere with new improvements the franchisor may deem proper to make.

In the maintenance and operation of their television transmission and distribution system in the streets, alleys and other public places and in the course of any new construction or addition of their facilities franchisees shall proceed so as to cause the least possible inconvenience to the general public. Any opening or obstruction in the streets or other public places made by the franchisees in the course of their operations shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during the periods of dusk and darkness, shall be clearly designated by warning lights.

In case of disturbance of any street, sidewalk, alley, public way, or paved area, the franchisee shall, at its own cost and expense and in manner approved by the franchisor, replace and restore such street, sidewalk, alley, public way, or paved area in as good as condition as before the work involving such disturbance was done.

If at any time during the period of this franchise the franchisor shall lawfully elect to alter or change the grade of any street, or other public way, the franchisees, upon reasonable notice by the franchisor shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.

All installation of equipment shall be of permanent nature, durable and installed in accordance with good engineering practices, and of sufficient height to comply with all existing franchisor regulations, ordinances and state laws so as not to interfere in any manner with the right of the public or individual property owner, and any equipment installed in a public right of way or place, shall not interfere with the usual travel in such public way or the usual use of such public place by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic.

The franchisee shall have the opportunity to trim the trees overhanging upon the street, alleys, sidewalks and public ways and places of the Cable Service Territory so as to prevent the branches of such trees from coming in contact with the wires and cable of the franchisee, except that at the option of the franchisor, such trimming may be done by it or under its supervision and direction at the expense of the franchisee.

In all sections of the Cable Service Territory where the cables, wires or other like facilities of the public utilities are placed underground the franchisee shall in the future place its wires, cables, or other like facilities underground to the maximum extent that existing technology reasonably permits the franchisee to do so.

Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate on the same street, alley or public place, any property of franchisee when required by franchisor by reason of  traffic conditions, public safety, street vacation freeway and street construction, change or establishments of street grade, installation of sewers, drains water pipes, power lines, signal lines, and tracks or any other types of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or other structures of public improvement.

Section 21. AUTHORIZATION TO COMMENCE CONSTRUCTION

            Permission by franchisor for commencement of construction of the cable communications system authorized herein is granted herewith, subject to franchisee giving franchisor reasonable notice of the proposed construction thereof, so as to coordinate all work between franchisor and franchisee.

Section 22. COMPLIANCE WITH APPLICALBE CODES

            All wires, conduits, cable and other property and facilities of the franchisee shall be located, constructed, installed and maintained in compliance with applicable codes.  The franchisee shall keep and maintain all of its property so as not to unnecessarily interfere with the usual and customary trade, traffic or travel upon the streets and public places of the franchise area or endanger the lives or property of any person.

Section 23.  RELOCATION OF WIRES-ETC.

            Whenever the franchisor undertakes public improvements which effect the cable equipment, the relocation or removal of the franchisees wires, conduits, cables, and other property located in the streets, rights-of-way, or other public places shall be subject to the same conditions and considerations relating to cable construction as set forth in Section 20 entitled “CONSTRUCTION SCHEDULE AND CONSTRUCTION”, and shall be in compliance with any applicable local regulations.

Section 24.  TECHNICAL STANDARDS

            The rules of the Federal Communications Commission to cable communications systems contained in subpart K of part 76 of the Federal Communications Commission’s rules and regulations relating to cable communications systems are incorporated herein by reference.  The results of any tests required by the Federal Communications Commission shall be filed within 10 days of the conduct of such tests with the franchising authority and the Board.

Section 25.  SPECIAL LISTING

            In the event that special testing is required to determine the source of technical difficulties the franchisee shall be required to pay these costs.

Section 26.  NON-VOICE RETURN CAPABILITY

            The franchisee shall construct and maintain a cable communications system having the technical capacity for non-voice return communications.

Section 27.  SUBSCRIBER PRIVACY

            No signals of a Class IV cable communications channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber.  The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions.  Such written permission shall be for a limited period of time not to exceed one year which shall be renewable at the option of the subscriber.  No penalty shall be invoked for a subscriber’s failure to provide or renew such authorization.  The authorization shall be revocable at any time by the subscriber without penalty of classification of Class IV cable communications activity planned for the purpose.

No information or data obtained by monitoring transmission of a signal from a subscriber terminal, including but not limited to lists of the names and addresses of such subscribers or any lists that identify the viewing party other than to the company and its employees for internal business use, and also to the subscriber subject of that information, unless the company has received specific written authorization from the subscriber to make such data available.

Written permission from the subscriber shall not be required for the systems conducting system wide or individually addressed electronic sweeps for the purpose of billing.  Confidentiality of such information shall be subject to the provision set forth in 4 MCAR S  4.202 W 1.

Section 28.  SUBSCRIBER COMPLAINTS

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