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Home My WebLink About6.b. Approve Star Cable Franchise � ,;. t i � � ' �s �� '^�,, �;� � � � �� , ;.; ,, :� . ' � �� .. ` '�i � ,.�� i.��e . . . _ . . , 1 1 .I C i ( d.. % .-1�-.� � p } �: i I , }11p�1(IE tt' �� µ�u g. � � �..��dl ��ll� �� .z � .j��i f;i '� '� _. �, i . . . . � . }.x. . . . � � � .�`,{f � . . . . . . � � . . . � . -� I.::� . . � . . . �...�� TO:� Mayor Hoke - �. Cauncilmembers Napper �' � � Oxt�orou�h � ��A � � � t�aals� tV� �j� � ��; taippermann � , ;, FR4M: Stephan Jilk ,l''• � � � DATE: May 1�, 19$9 , RE: Star Cable Franchise A�reement � . . . . .;.�.�.::�t�, For several months staff has been in nep,otiations with ' representati,ves of Star Cable to iron out a renewal of their `� franchise with the City of Rosemount. On Monday, P1ay 8, the city '� Cable Commission voted to recommend tca you a franchise agreement to be approved. A co�y c�f_ that franchise is att�chee� fcar yc�ur reference. A verbal presentation by myself and Councilmember Walsh wi11 t�e �;iven on Tuesday to fully explain the new franchise, which is in ''� effect, the old franchise revised to refleet severai items. ;'" , These items are : 1 . The verbia�e referencing state and federal la�as have � been ugdated to reflect current lan�uage in those laws, � , 2 . The franchise fee paid by Star Cable has been increased from three {3} percent to five (5 �. �ercent . This w�11 cause an increase in revenue, at today' s level of subscrihers, fram about $fa ,00Q to $1�,040 annually. � � i 3. Tk�e franchise term ends at the same time the o1c� ane `' did. Instead of using a fifteen year term, we agre�ci to a ten year term. 4 . The company agrees to �rovide live broadcasting equipment capat�ilities (connection and equipment ) �t city hali within six months of our request . These are the main �aa��on� ta the reviseci �ranchise. 1�p,ain, aftex several months of negotiation, the Cable Commission believes the franchise you now are being p�esented is a g�oel one # and should be approved. dw . � ;: j� . j � , • , . F� E��' [VE�? �� FOLEY & �.ARDN ER � �� . � � � � FIRST WISCONSIN PIAZA - � � M�Y � � �•JUJ . . � � .��. . � � � . � � � 1 SDUTH PINCKNEY STREET � � � "Y . . � . .. POST QFFICE BOX 1497� . . . . �` ��t�r( ��'�� . .. s: �- �� MAC7tSON, W18CON5(N 537C►1-149? r' Te�.EPHoket6oe)zs�-so�s �ITY OF ROS�M�UNT t .. . � IN MI�WAUKLE,WISCON$IN � WRITERS DIRECT 4iNE � � � WASHiNGTON.D.G. � . � � . � � FOLEY 60 :L,qRDNER� . � � . . JACK:SONYILLE.�FLORIDA � � . � 7J7 EAST Wi$CQNSIN AYENlfE � May ZO� 1�8�� TAMPA.FLORIDA � � . . MIIWAUKEE,WISCONSIN 53202-538T oR��nNoo. FLORIDA � TELEPNONEE<�4)87t-E400 . � � � � WEST PA4M BEACN.FLQRICIA � . TEIEX 26-819 . � . . � . � . � . � . . . . . . . � � � . >.;.: FEDERAL EXPRESS � � Mr. Stephan Ji�.k � Administratar/Clerk City of Rosemaunt 7 287-145th Streek� West :� P.O. Bax 51Q � Rosemount, MN 55Q68 � 5� Re: City of Rosemount Cable Televisa,on � �� Franchise a`. i � � � � x �,M � � a l�i Dear Stephan: ,�, Enclosed is the proposed cable television renewal ordinance for consideration by the City Councii at its =�.y ; May 16 meeting. This propos�d ordinance incorporates the : language approved by the Cab1e Commission at its May 8 meeting. We have also made some purely cosmetic changes in the ordinance, such as correetion of typagraphical errors ,_ + and a very slight reworking of section 6.01 (placinc� the words "'eonsistent with the Federal Gable Communications Policy Act of 198�4" at the beginning af the sentence, �� ; rather thar� further on in that same sentence) . � Please feel free to contact me if yc�u have any questions regarding th� proposed ordinance. Thank you for � . your assistance. � Very truly yaurs, FOLEY & LARDNER � � ��. ;��,�--� � � � �� Peter F. Krug � Enclosure ce: Mr. Ri,ck �odds (w/encl. ) ; Mr. Steven Peterson (w/encl. ) � � � � ��. ' ! � � CITY OF ROSEMOUNT ` DAKOTA COUNTY, MINNESOTA ; AN OEtDINANCE RENEWING AND EXTENDING A GABLE TELEVISION s` FRANCHISE IN THE GITY OF RQSEMdUNT, DAK�TA CQUNTY, : MINNESQTA, AND RULES GOVERATING ITS OPERATION � � � A. ;� The City Council of the City af Rosemount ordains as follows; �. ,; S�CTION 1 DEFINITIONS ;; For the purpose of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the eontext, words used in the present tense inalude the futuze, words in the plural number include the singular numher �nd words in the singular number include the plural number. The worcls "shall" and "will" s�re mandatory and "may"' is permissive. Words not defined shall be given their common and ordinary meaning. 1.01. "Capability" means potential ability. 1.02. „Capacity„ means present ability. 1.03. "Channel" is a six Megahertz (MHz) frequency hanci wiiich is capable of earrying either one standard video signal, a number of audia, digital or other non-video signals, or some combination of sueh signals. 1.04. "City" is the City of Rosemount, Dakota CounCy, Minnesota. '� 1.Q5. "Class IV Channel" means a signal path provided by a cable � cammunications system ta trar�smit signals af any typ� from a subscriber terminal a to another point in the cable eommunications system. 1.Ob. "FCC" is the Federal Communications Commission of ths United ' States. ; 1.07. "Franchise" is the authorization issued by the City to construct ' and operate a System as deffned in section 1,13. 1.Q8. "Franchisee" is Star MidAmerica Limited Partnership. 1.�9. "Franchisor" is the Gity of Rosemount, Dakota County, Minnesota. Z.10. "Gross Revenues" means all revenues actually received by = Franchisee, inciuding revenues received.from its affiliates or subsidiaries, f' frorn subscribers in connection with the operation of the Sys�em in the City, �'; including, basic subscriber seruiee fees, pay channel service fees, installation � � � � t;. -;- �, � � � � � f ,; , s � and reconnection fees, eonverter and remote control rentals, and any other bil2able subscriber services except those excluded herein. The term does not V� include advertising revenues, leased channe�. fees, enhanced telecommunication :t services revenues, studio rentals, production equzpment rentals, or any taxes on services provided by Franchisee and imposed directly upQn any subscriber or usex ' by the state, City or other governmental unit and collected by Franchisee on ` behal£ of said governmental unit. '� ;�. ,� � �.� 1.11. "Nan-Voics ReCujrn Communications" ►neans the provision of approp- � riate system design techniques with the installation of eabl� and amplifiers �� suitable for the subsequen� insertion of necessary non-voice cammunieatians �;� electronic modules. 1.12. "Subscriber" is any person or entity who subscribes to a service provided by Franchisee by means of ar in connection with the System whether a fee is paid for such service. 1.13. "Systsm" shall mean Franchisee's equipment and faeilities used for the purpose of receiving and amplifying video, audio, and data services, including programming b�^oadcast by television or radio stations and other programs originated by cable communications companies or any other parties, and distri- buting sueh services by wire, cable, microwave or other means, whether such means � are owned or Ieased, to pe�sons who subscribe �o such service. ;!_' SEGTION 2. GRANT OF AUTHORITY �Y 2.01. Franchisor after consideration, analysis and deliberation, has approved and found sufficient the technical ability, financial condition, Iegal qual.ificaCion and general character of the Franchisee, 2.fl2. This Franchise is non-exclusive. 2.03. There is hereby granted a non-exclusive Franchfise renewal for ten (lOj years commencing the date this Franchise Ordinance is adopted, unless soonsr terminated as provided herein, by ths City for the installation, aperation �'` and maintenance o£ a System within the Gity to Star MidAmgrica Limited Partner- a ship, sub�ject to the terms of this Ordinance. �' 2.04. This Franchise complies with the Minnesota franchise standards { contained in section 238.0$4, Minnesata Statutes. � � 2.05. The City may decide to renew this Franchise if Franchisee files a written request for such renewal. The City may use the writ�en request t , as a signal to update the F�anchise and reevaluate the co m m u n i t y n e e d s s e r v e d � by Franehise�. ; : � . � " � � �. � ' 2 � � � , �' � 1' � � # , � � n, ;� 2.06. To the extent applicable, section 626 of the Cable Cammuni- ,� cations Policy Act of 1984 (47 U.S.C. 546) shall govern the proe�dures and � standards for renewal of thi.s Franchise. '� 2.07. To the extent that seetion 626 af the Gable Communications ,! Policy Act of 1984 is not app].icable, the City fn its sole discretion and �� judgment shall have the right to gxant, deny or conditionally grant renewal af �+� this Franchise, provided, however, the Gity may not unreasonably refuse to �' renew the Franehise. Conditions that the City may place on its approval shall �� include, but are not limited to: reimbursement for legitimate expenses a incurred in evaluating the request for renewal, updating the Franchise and ,u, surveying community cable need5, remedy of historical or existing violations of the Franchise, payment of ali fees and penalties owed by Franchisee at the time af renewal and acceptance of an}► updated franchise. 3�CTION 3. FRANGHISEE'S AGREEMENT TO BE BOUND BY FRANCHISE r+ 3.01. Franehises agrees to be bound by all the terms and conditions of thfs Franchis�. � 3.02. It shall be the right of all subscribers to receive all available serviaes fnsofar as their financial and other obli.gations to Franchisee are honored. If Franchisse elects to modify or se11 the System, or Franchisor revokes � or fails to renew the Franchise, Franchisee shall do everything in its power to 'r' ensure that all subscribers receive continuous, uninterrupted service, regardless �; of the circumstances during the lifetime of the Franchise. In the event of ,. purchase by Franchisor, or a ehange of Franchisee, the current Franchisee shall � cooperate with Franchisor to operate the System for a temporary pexiod in main- ,�� taining continuiCy of service to all subscribers. �; SEG'�ION 4. DESIGN SERVICE AND EOUI�MENT PRQVISIONS ; � 4.01. System technical and performance standards promuigated by � the FCC relating to cable communica�ions systems contained in sub-part K of � part 76 of the FGC's rules and regulati4ns relating ta catale communications �` systems and found in th�e code of Federal Regulations, title 47, sectior►s 76.601 to 76.617 are incorporated by reference into this Franchis�. The Fx'anehisee i, shall be prepared Co show, at any time, upon reasanable request by an auCh4rized representative of the City, that the System does, in faet, comply with these critezia. The results of any tests requi.red hy the FCG ar this ' Franchise shall be fiied within ten (1Q) days of the conduct of such tests � with the Franchisor. �+.Q2. In the event that special testing is required by Franchisor Co determine the source of technical difficulties, the cost of , ; said testing sha].1 be paid by Frat�chisee if the testing reveals Franchisee to � f` 3 :��;. � "; >> � ;� � 4 �; . r = i t { � • � M1, . .5 . . . � . . � .. ..-f�.� . � � � � ...��i{# � . . . . . . . . . . � . � . � .:.'A be responsible. If the testing reveals the difficulties to he caused by �a factors which are beyond Franchisee's contral, the cost of testing shall be �j��id by Franchisor. �+.03, After service has been established by activating trunk cables for any area, Franchisee sha11 provide service to any requesting subscriber within that area within 90 days from the date of request. 4.44. Franchisee shall pravide an emergency alert override capacity which ean be activated by the City of Rosemount such that the Rasemount service area can be alerted to emergeneies. /�.05. Franchi s�P sh�l l , a t ('r�nch i scir's rcf�ur s r ;inci it��c,n rc�;��>nnh i�• t�c�{ i r.e t c� f�'r.�itcli i�cce, ��rc�v i tte wi t luitil cli;tt'E;c' v i ric�� 1 r:�i n i tit�, w��ri:t;h�,�rr; t��r ��ii,l i�• insl i ti�ti.c>ris, r.�imnt�nity E,t'ciuE�s, t;overrn��et�t c�f Pici:�l.5 <irut <,t l�r�' f;i-c�u}�s c�E � itlterested ciCizens; tiowever, l�ratichisee shall not be requireci to 4�rovicie suc[� workshops more than twice in any calendar year. J.t ` 4.06. Franchisee shall provide a free cable drop, free basic service � � and all premium services to a11 City buildings, schools, poZice and fire depart- �p ments. � r 4.�7. The standard VHF channel 6 shall be designated for uniform regional channel usage, pursuant Co section 238.43, MinnesoCa Statutes. The y ,. designated regional channel may be combined with the government access channel until such time as the video programming usage of the government access channel � expands to such a point as it is in use during 80 percent o£ the time between � 8:00 a.m. and 1d:00 p.m. during any consecutive six-week period. Use of time on the regional channel shall be made avaiiable without charge. 4.08. Franchisee shali provide a System having the technical capacity €or non-voice return communications. 4.09. Franchisee shall make available a minimum channel eapacity, � available for immediate or potential use, equal to a minimwn of 120 MHz of baz�d ; width, the equivalent of 20 television broadcas� channels. For purposes of this section, this requirement means that Franchisee shali provide a distribution system designed and constructed so that a minimum of 120 MHz of band width, the ; equivalent of 20 television broadcast channels, can be put into use with only the addition of the appropriate head end and sulascriber terminal equipment. SEGTION 5. SUBSCRIBER RATES 5.01. In the event that Franchisee revises its subseriber rates, Franchisee sltall notify all current subscribers in the City and the Advisory Board no less than one month prior to the revisions. If the Advisory Board so i; t 4 x �i ' K ,. i+ �y � � . � � � � �� i • � ~ � �, ,i. requests, a repzesentative of Franchisee shall attend a public iz�formational meeting (not a public hearing) regarding the revisions. S.Q2. Notwithstanding the rate schedule, Franchisee may offer reduced ar free serviee on a non-discriminatory basis. In the event that Franchisor beeomes legally entit2ed to regulate subscriber rates, sections 5.Q3 througt� 5.08 shall apply. S.Q3. Franchisee shall establish and adhere to a rate schedule j following notification to the Advisory Board and City Council. This ; notification shall comprise of notifieation to a31 current subscrihers in tt�e City and the Advisory Board, o�e month prior to the change. A list of channels ` of€ered and eurrent rates for those ehannels shall be supplied ir► January �nd July. This list shall be sent ta ��ll subscribers, paid ar�ci' tin��aici. 5.04. Nc,twithstat�ciin�; tfie r�te sche<iule, 1�'r.aiu�liis.c4� �n:iy c>( (:cr i reci�iceci c>r f.ree service c�n <� no»ciiscriioinatory 1>asis. S.OS. $asic cable service is that Level of service ��rovicied lay the , Franchisee that allows the subscriber to receive those channels offered as � "Basic" service an Januarg l, 2989 (as shawn on Exhibit "'A") . � . 5.06. Residential subscriber contracts shall not exeeeci twelve (12) mon�hs' duration. # 5.07. Rates charged by the Franchisee for monthly service hereunder " shall be uttiform, fair and reasonable, competitive with other rates in the Twi.n City metropolitan area considering the density and canstruction costs of the Rosemount system, and designed to meet aIl necessary costs of service, including a fair rate of return on investment of the properCy used fvr such service in the City. Maximum rates shall be set for the operation and maintenanee of the System as are determined to be reasonable under existing conditions in connection with the rights grantefl herein. The Franchisee shall have the burden of justifying any rate inereases, ' S.OS. Any rate increase in addition to other factors described in this section shall take into cansideration the consumer price index for the Minneapolis-St.Paul area compiled by the U.S. Uepartment of Labor, Bureau af Labor Statistics, or a successor index, and may be supported by addiezor►al costs � for increased serviees or additional services. The Franchisee shail be obligated � to pay the costs necessary for determining an appropriate rate increase. For the ? puarpose of determining if the races are reasonable, the boaks of the Franchisee shall be open to inspection by the Franehisor or its agents at all reasonable times. I� the Franchisee proposes a change in rates, it shall present in detail in writing the statistical basis, in addition to other requirements as set out in this section, for the propased rate change at ],east 60 days prior to the proposed effeetive date of such rates. Before any incxeased rates or prices to 5 ' ; ; . ; � : � � be charged by the Franchisee are put in place, th� Franchisor shall hold a public hearing on the rnatter. A notice of such hearing shall be published at least once in the officiaZ newspaper noe less than ten days pric�r to the date of the '� hearing. i . . . . . � � . . � . . ..::�4 SECTION 6. COMMUNITY ACCESS CHANNELS ; 6.01. Consistent with the Federal Cab1e Communications Palicy Act of ; 1984, Franchisee sha21 provid� to subscribers who receive all or any part af the x total services offered on the system: reception on at least one specially desig- nated noncommercial public access channel available for use by the general public on a first-come, firs�-served, nondiscriminatory basis; at least one specially designated access channel for local educational authorities; at least one specialiy designated access channel for local government use; and at least one specially designated access channel available €or lease on a first-come, first- served nondiscriminatory basis by commercial and noncammercial users. The VHF spectrum shall be used for at least one of the required specially designaCed noncommerciai public aecess channels required by this paragraph. Franchisee � shail make no eharges for channel time or playback of prerecorded programming on the specially designated government access channel and at least one of the � ,, , ��, specially designated noncommercial public aecess channels required by this paragraph; however, Franchisee may assess personnel, equipment, and production ? ' charges as reimbursement for its costs incurred in providing £or production of ' live studio presentations exceeding five minutes in length. Gharges for those � production costs and fees for use of other public access ehannels must be � consistent with the goal of affarding the public a low-cost means of television � . aecess and with the Fsderal Cable Communications Policy Act of 1984. , , � 6.02. If the subscribers have the option of reeeiving programs � � on ane or more special service channels without also receiving the regular � subscriber services, the Franchisee may comply with this section by providing � ' the subscribers who receive the special service only, at ?east one speeially- s. ' desigttated comgosite access channel eomposed of the programming on the specially- { ' designated noneommercial public access channel, the specially-designated educational access channel and the specially designated local government access � channel. This requirement shall not apply to subscribers receiving anly alarm system service or only data transmission service for computer operation functions. 6.03. If the System has insufficient channel capacity to allow for activation of all the specially-designated access channels required in this section, or when demand for use of the channels does not warrant activation of all the speeially designaCed required access channels required in this section, € '' � public, educational, governrnental and leased access channel programming may be combined an one or more cable ehannels. To the extent time is available, access channels may also be used for other broadcast and nonbroadcast services, provided that these servi,ees are subject to immediate displaeernent if there is demand to� '� { . . . . . . . . . S. � . . . . . .. � . i . . . � � � . . � � . .. � . . . , . . . . j: . � . . � . � . . . . � . . � � � . . . . . . . ,t . . . . . . � . � . :,.1.: . . . ...t1.. � . . . . . . �,.;�: ,.. Y . ..,�:'. .� . • . . , � �. . . . . .�� . . . . . . . . . . .. ��.. use the ehannel for its specially designated purpose. The System shall, in any �, case, provide at least one full. channel on the VHF spectrum for shared acc�ss � pragramming. h.04. Wh�never the special.ly-designated ci�ncommercial pti(a7ie access ehannel, the specially-designated education aecess channei, the specially-ciesig- nated 14ca1 government access channel, or the specially-designated leased access channel required in this section is in use during 80 percent af tt�e weekd<�ys (Monday-Friday) , for 8Q percent o£ the time during any consecutive 3-hour period for six weeks running, and there is demand for use of an additional ehannel far the same purpose, the Franehisee shall then have six months in which to provide a new specia2ly designated access channel for the same purpose, provided that z provision of the additional channel ar channels shall not require the System to � install converters. However, nothing in this section precludes the installatian °' of Gonverters by the System, on a voluntary basis, or as a result of an agreemenL arrived at through negotiation between Franchisee and Franchisor, or by a potet�- � tial aceess user who wishes to install converters in order to make use o£ an additional channel or channels. ,,. b.05. Franchisee shall establish rules, subject to approval by the Franchisor, pertaining to the administration of the specially designated , noncommercial publie access channel, the speciaZly designated educational access ' channel, and the specially designated leased aeeess channel required in this section. The operating rules established by the Franchisee governing said channels shall be tiled with the Franchisor and the Board within 90 days after any such channels are activated. 6.06. Franchisee shall make readily availabie for public use a praduction coordinator and state of the art equipment neces5ary for the production of programming and playbaek of recorded programs for the specially-designated noncommercial public access channel required by this section, including, but not limited to, a camplete recording studio loeated in the City or within two miles thereof, and a community access location in a public building designated by Franchisor with color cameras, iighting, and sound production equipment, Franchisee shall also make readily available, upon need being shown, equipment necessary to make it possible to reeord programs at remote locations wi�h battery operated portable equipment. Need within the meaning of this seetion shall be determined by subscriber petition. The petition must contain the signatures of ` at least 10 percent of the subscribers of Che System, but in no case more than SQO or fewer than ZOO signatures. Needed equipment shall be selected by Franchisor and Franchisor may require new, additional or updated equipment from � � time to time if Franchisox determines that it is appropria�e based upon the q changing state of the art and if Franchisar also determines there is a demon- b ' strate�i need. The eammunity access location may be changed from time to time hy � F'ranchisor. The ini�ial locatian shall be connected free of charge by Franchisee. ! i a i �:'; ; , , � � ; ; 7 t ;' I i, , � } ti � r, t. • � � �: � � � � � � �,_ . . � . . � � .;fJ�: . � � . . . � . . � � �'4� � � � . � . . .� . . . � . . �% . Tf the locatian ance established is moved, Franchisor shall reimburse Franchisee ' for its actual out-of-pocket costs in making the mvve. �� . . . . . . . . . . . . � . � .. �f,.. 6.�7. Franchisee shall cor►nect the City Cvuneil charnbers to interactive " cable without charge and maintain on a permar�ent basis equipment at the City Council ehambers to allow li.ve eablecasting. The interactive cable shall be 3 installed and made aperatioflal within six months after a rec�u�st 3_s made t�y Franchisor. When interacti.ve eable is operational at the c2ty cou�,�il, ct3ambers, �� upon request of Franchisor, Franchisee shall, without charge, carry live cat�le- ' casts of all City Council meetings, City Planning Commission meetings and public ; hearings and other pub3ic meetings and hearings, ; �EGTION 7. CONSTRi�TION OF SYSTEM �''I 7.OI. Franchisee sha11 not open or distr�rb the surface of any street, :�" sidewalk, driveway ar public place without first obtaining a permit fr4m Franchisor or groper authority, for which permit Franchisor may impase a reason- � able fee to be paid by Franchisee. The location of lines, conduits, cables and � � other prqperty placed in the streets and public places shall be determined by � • Franehisor. Franehisee shall, upvn eornpletion of any work requiring the opening �, of any street or public plaee, restore it, including the pavement and its r Foundations, to as good a candit3.an as it was formerly, and in a manner and r� quality app�oved by Franchisor. Such work shall be performed with due d�ligence ` and if Franchisee fails to perform the work promptly, or fails t,o remove all dirt and rubbish from the work site and to put the street or public place back , ,; ia�o good eondition, the Franchisor shall have the right to put the s�reet or public place back into good condition at the expense of Franchisee and Franehisee ` shall, upon dernand, pay to Franchisor the cost of such work done or performed. '' 7.02. Franchisee shall keep and maintain its property so as not to { endanger or unnecessarily interfere with the usual use of and customary trade, '.� traffie, or travel upon the streets and pubiic places of the franehise area or ' :� endanger the life or property of any person. Franchisor shall have the right to inspect and examine at any reasonable time and upon reasvnable notice the property `" owned or used, in part or in whole, by the Franchisee. Franchisee shall keep ',� ;; accurate maps and records of ail of its faeilities and furnish copies of such maps and records as requested by Franchisor. _+ � , 1.03. A11 wires, cable�s, ampli.f.iers an<i c�ther ��ropc�i�Yy c�(` I�r<�iici�isc�c� � ; sli.�1 } he r.<�t�strtte.t:ecl ,�nci i r�st+�I 1 t�c1 i r� nn circirr 1 y siticl w<irkinrii►l i kc� mnntfc�t�. A I 1 �, . ,: c��l�les arc c i w ires s l�a l l be installed parallel wieti electric and telepho�ie lines ': " � whenever possible. Mul.tiple cabie configurations shall be arranged in parallel { � and bundled with due respect far engineering considerations. !r l�� . �: ` ,i $ � ... � ; �� • � �� ;>s 7.Q4. Wires, conduits, cables and ather property and £aciliti.es af the Franehisee shall be located, constructed, installed and maintained in compliance with applicable codes ineluding; (1) National Eleetric Safety Code (Nationai Bureau o£ s�ana�ra5� . f2) Na�ional 'Electric Code (National Bureau o£ Fire Underwriters) . (3) Bell System Code of Pole L3.ne Construction. �; (4) Applicable FGC or other federal, state a�id local � regulations. a � > 7,d5. Franchisee shall not place poles or other fixtures where they � will interfere with any gas, electric or telephone., fixture, water hydrant or main, and a11 such poles ar other fixtures placed in anX street shall be placed � at the outer edg� of the sidewalk and inside the eurb l:ine, and then in sueh a � rnanner as noC t+� inter;�er� with the ususl �ravel. `i � . ; 7.06. Franchisee sha�l, on ttae reques�t of any person holding a building moving permit issued by the Franchisor, temporarily raise ar lawer its wires to � ; permit the mQvi�g of buildings. The expense of such temporary removal, raising ; or lowering of wires shall be paid by the person requesting it, and Franchisee shall have the au�hority to require sueh payment in advance. Franchisee shall be given not less than farty eight (48) hours` advance notice ta arr�nge for � such temporary ehanges. 7.Q7. Nothing e4ntained in this Franchise shall be deemed to empower or authorize Franehisee to cut or trim any trees, ornamental or otherwise, an any of the streets, alleys or public highways, but Franchisee may cut or trim trees as necessary only pursuant to a prior ag,reement with the owner of property � which is adjacent to the street area in which such tree stands. _ 7.0$. Whenever the Franehisor undertakes public imgrovements which ,S affeet equipment of the System, it shall, with due regard to reasanable working conditions, require the Franchisee �o remove or relocate its wires, conduits, r<�i�lE�s anci other pro�err.y loc��ted i.ri thP street, t-i�hc:-<af-w.�y, c�r pttl�l ic pl.�ce. � I�r,�rFic�l�►ist�r ��rd k��t�cl�isee :�Ifall�. divi.cic c�c�ually� tlie east �oL� ��uc�l� t`c�anc>val� c�r � � � � rel�catian. The Franchisor shall. give the Franchisee reasonable notice of the t undertaking of Public improvements which affeet the Franchisee's equipment. � 7.09. The Franchisee shall install trunk and disCribution cable in all new subdivisions. 9 � : ;� � . . � . . . . . � . � � � � � � .. . .:��jt . . �.. � . . . . �� t�i ,� � � > � �� ;a �, 7.10. Franchisee sha11 not erect, for any reason, any pole on or <�lori�; $ any street in an existing aerial utility system. I� additional �oles in an ' existing aer.ial route are r�c�uirc�ci, Fr.��nehisee sl�<�l l. nP�ai�i�te wi t:lt r.h� �it�.i l i t:y ��; �or ti�e installation of the needed poles. Any such add�tion shall require the �. advance written approval of the City Administrator. Franchisee shal,l negotiate � the lease Of �OLE spaee and facilities from the existing pole owners for al2 g:: aerial constXuction under mutually aeceptable terms and conditions. �+t' � 7.11. The undergrounding of cabTes is eneouraged, and shall be � accomplished at Franchisee's expense when -required. Undergrounding shall be accomplished by Franehisee according to applicable�City ordinances. Previously installed aerial cable sha12 be undergrounded in eoncert, and on a cost-sharing basis with, other ut3.lities when such other utilities may convert from aerial to � undergrvund construction. Franchisee shall construct underground cable when: A � ,;� A. The existing utilities are already underground. ��'-; z B. The utilities are planning to go underground within the nex� � four 4 i ( ) year period. �� a* G. Grantee is unable to ggt pole clearance in certain areas. � D. In new subdivisions. '' � . . . . . .. � . � . � � . . eq� . . � . . . . . ��i Franchisee wi1Z work with developers and other utilities during „ y� the construction phase of new housing in the scheduling of wcark and in �+'; planning the manner in which it is to be done so as to be able to cost share �; and to mutually benefit. For all streets where the utilities and cable are a# overhead, Franehisee will go underground with individual dro s at ccast if the �� residents prefer this to an aerial drop, p `�� r� 7.12. Franchisee shall provide wire for internal wiring of all City. ;r�` - buildings at City`s request. Gity will provide labor ta instali wize. "' � � � ��,_ 7.13. Any internal wiring requested by a non-profit institutian r shall be charged at Franchisee's cost on a time and ►naterial.s basis. 7.14, If drops to an indivi.dual 5ubscriber require 1/2 ineh eable or greater, the extra cost over and above the cost of a regular drop ' ' may be charged t4 the subseritaer. # ! � i 7.15. In the event any straee or portion thereof used by f �` Franchisee shall be vacated by the City during the term of this Franchise, � Franchisee shalZ forthwith remove its facilities therefrom unless � � . � . . � .F.�.. . . . . � . . . �i:. . � . � � . . . � . � � � . �,': . . . 10 . . . . . � . . . �: � . � . . . . . Y'. r � �`' . . . . � . . .:�. � . . . . . ' . . . . � . � . '��,. �' � � � f. �� t:: s��E�c:il:ically permitted to continue the same, and on the removal. r_hereof, restore, repair or reconstruct the street area where such removal has k � occurred. , 4' S�CTION 8, ADVISORY �OARD Franehisor sh��ll app�inr. <� three-pers�►� t�nard („�clvisc�ry tic�arci") wi t t� � a City staff acivisor to monitor t:}ie �erform�t�ee c�f tl�e N'rat�r,hisec� in rhe e�cc�c��fit ia�i of ttie �rovisions of the Franchise. Iridivicivals commercially involveci in c4�bl.e cammunications, public or private broadeasting, or the private news rnedia shall not serve as members of the Advisory Board. The responsibility of the Adviso�y ` Board shall include the following; `#:, A. Forwarding �ecommendatians to the Franchisor regarding the ' immediate or angoing use of eable communications in the Gity. _ B. Gonciliating disagreements among the Franchisee; subscribers ,' and users of the System. � U; G. The Advisory Board may submit an annual report to Franchisor and Franchisee, assessing Franchisee's performance according to the terms of the Franchise and making recommendations to Franchisor. D. The Advisory Board shall submit a report to the Franchisor at least twelve (12) months prior to the expiration of tha Franchise. The re��rt shall include a written appraisal of the performance of the Franchisee over ttxe entire length of the Franehise with regard ta the provisions of the Franchise. The repoxt sha�l also include recommendations for revised or additional provisions of the Franchise, considering at least the following items• (1) Channel capacity. f2) Faeilities and ataff assistance available for aecess cablecasting. (3) Two-way capability. ; ,: {4) The need for further service to be extended within �he Frar�chisea area. Need is to be deterrnined by a reassessment i of the communications nesds of the Franchisor in relation to the services generally offered by the cable industry. 11 �� . �(` . � ;� '�� : � i • � .,�� ; .�_: SECTTQN 9. TERMTNATION i,�. �'; 9.1. The Franchisor may terminate and caneel the Franchise if Franchisee substantially violates a provision of the Franchise Ordinance, �i attempts to evade any of the provisions of the Franchise Qrdinance, or � practices fraud or deceit upon Franchisor. �.� :� In addiCion, Franehisor may terminate and cancel the �'r��nchise if a ��. petition is filed by Franchisee under the Bankruptcy Act, or other insolvency ar creditors' rights law, state or federal, or Franchisee is adjudged bankrupt or '��! insolvent under any insolvency or credi,tprs' rights law, state or federal, ;�; �: Franchisor shall provide Franchisee with a written natice of the cause for termination and its intention to terminate the Franchise, and shall allow Franchisee a tninimum o£ 60 days after service of the r�otiee in whie.h to corract '�; the violation. The Franchisee shall be provided with an opportunity to be heard at a public hearing before the Gity Gouncil prior to the termination o£ the Franchise. � �; 9.02. Upon termination of the Franchise, and if there is t�o judicial � or administraCive review of �he terminatian, Franchisee shall,, upc�n request o� Francttisor, wi�hin 9tl days of terminatian b�gin to remave its cable, wires and �; all other appl,iances relating to the System from the streets, all.eys and other ��t publ3.e places within the Franchise area. If Franchisee seeks judieisl or ,��: admini�trative review o� the terminati.on, it ahall begin to r�mave its cable, � wires �nd all c►ther appliances relating to the System within 9Q days from the entry of a final ,judgment by a court or administrative body reviewing the termin- ation, or the entry of a €inal order upon appeal of the same, whiehever is Iater. In the event of Franchisee's failure to so remave, the follawing grocedure shall be followed; the Franchisor may remove or have removed the cable, wires and all t� other appliances relating to the System, the cost of sueh removal to be charged to the Franchisee. Franchisee shall also pay Franchisor"s reasonable attorneys' �' fees incurred in enforeing this pravision. d;' �� ECTION 10 ABAND{)NMENT� SALE A�ID PURGHASE OF SYSTEM ' ,� � � � � � � � �� 10.01. Franehisee may not abandan any part of the cable ;`. communications service without giving three months prior written notice to '' Franehisor, ,-� tm 1fl.02. Franchisar shall be entitled to have the right of first refusal �� of any bona fide affer to purchase the System made to Franchisee. Franchisor �'' must within 30 days after it reeeives written notice of the bona fide offer from ��' Franchisee indicate i.n writing to Franchisee that the offer will be serio�asly �� considered. If Franchisor gi.ves a such prelfminary indication of its interest to exercise the right to purchase, it shall have 60 ds�ys £rc�in ttte date of ttte y; 12 ';' , � � G ,� ;�. a� �t� � � ra 4i � � � � � � � � � .V� original written notice of the offer from Franchisee to exercise the right to puzchase. The right to gurchase shall be exercised by written notice to the �' Franchisee. ,�� _ l�,: ,� 10.03. In the event Franchisor elects to exereise its right to purchase the System as provided in this section, the purchase priee shall be the amount ��' of the bana fide eash affer. Franchfsor shall pay ta the Franchisee the cast� �� price in full within six months, or if the bona fide offer was for payment over i� a term of years, Franchisor may elect to make sirnilar payments with the same t� rate of interest. 10.04, This Franchise shali not be sold, assigned or transferred, � either in whaie or in part, nor shall title thereto, either Iegal ar equitable, �s or any right, interest or property therein, pass to or vest in any person with�ut ` written approval o€ the Franchisor. Sueh approval shall not be unreasonably �� withheld. For purposes of this section, the term "transfer" shall include sale ' or transfer of all or a majority of the Franchisee's assets, merger (ineluding �� any parent and its subsidiary corporation) , consolidation, creation of a :i, subsidiary corporation, or sale or transfer of stock in a corporation so as to �;: create a new controlling interest in the System. The term "cantrollzng in�erest" �, as used herein is nat limited to majarity st4ck ownership, but �.ncludes actual ,,� working control in whatever manner exercised. , �; The parties to the sale or transfer af this FrancE�iss stzall make a ,; written request to the Fraz�chisor for its approva� of a sale or transfer. , : Franchisor shail. reply in writing within thirty (30) days c�£ the $ request and shall indicate approval of the request or its determination that a �� r public hearing is necessary if it determines that the sale or transfer may °' �dversely affect the System's subscri.bers. ' 'i , If a public hearing is deemed necessary, such hearing shall be conducted �� within thirCy (34} days vf such d�tarmination. Nvtice of the hearing must be " given 14 day� before the hearing by publfshing notic�: of it once in a newspaper of general circulation in the franehise area. The notice must contain the date, time, and place of the hearing and must briefly state the substance of the action to be considered by Franchisor. ''i Within thirty (30) days after the public hearing, Franctiisor shall ' approve or deny in writing the sale or transfer request. : SECTIOiV 11. FEES FINANCIAL AND OTHER GUARt1NTEES ! � i�;�. 11.01. Franchisee shall save and keep harmless the City, ths City Council, and all City emgloyees and commissions from any suit, judgmenC, ' = i�.� exeeution, claira or demand whatsoever which may be asserted or recovered against '� it based upon or arising out of the constructian, maintenance, operation of the 13 , '� � � ��f� �. . � ,a �# �� r '1 'i7 ,� . � � ;;�; a" #y �,,. System or any part thereof. This shall be guaranteed to the Gity t�y a public ��y liability and p�operty damage poliey naming the Gity, the City Gouncil, and all. ;`; City employees and agents as co-insureds, and approved by the �ity Goutieil it� the amount of: . . . . . � . . .. �.�;� . � � . � � . � � . � � �: $75,0�0.00 for property damage to any one �erson, $150,000.00 for property damage in 1Ti�7 one oGcurrenee, ' $540,OD0.00 for bodily injury ta any one persvn, �� $1,OOQ,000.00 for bodily injury in any one occurrenee, � to be negotiated and paid for by Franchisee. The insurance shall be obtained from a company aceeptahle to the City Cauncil and a eertificat� of coverage shall be provided to the City. The policy shall state the Gity shaZl be notified in writing by the insurer thirty (30) days in advance of any cancellation or termin- ation of any such policy. The City Gouncil shall annually review the above insurance provisions; and, if it is determined that the insuranee coverage is inadequate, additional insurance ma be re uired b the Cit Council and shalT be ' �.y Y q y y provided for by �' Franchisee. k' � :. Ca: 11.02. �'ranehise� shall indemnify, defend and save harmless the Gity, �' the City Council, and ai1 City employees and agents or other officials of the F�� City €rom any damages, lasses, expsnses, costs, attorneys' fees or other charges arising from the granting of this Franchise and the operation o£ this system, and/or which are incurred as a result af any judgments, appearances, claims, demands, penalties, proceedings, or aetions in connection with, made before, or � made by the Federal Communications Commission, or ather fed�ral or state `�` F.: ,�; regulatory agencies or any caurt of law. � . � . . . . � ;'k 11.03. Nothing contained in the Franchise shall relieve any person �� from liability arising out of the failure to exercise reasonable care to avoid �' injury to Franchisee's facilities whiie performing any work connected wzth ;'i grading, regrading or changing the line of any street or public place or with +'_ the constructian or reconstruction of any sewer or wa�er system. s-` ._, 11.04. Franchisee shall pay to Franchisor on oz before March 31 of i� each year five (5$) percent of Franchisee`s Gross Revenues during the previous �`� calendar year ending December 31, This payment sfiall be in addition to any ather �' tax or payment Franchisor received from Franchisee. �, 1I.05. Franchisee shail assume the eost of publieatian of thi's Franchise Ordinance. 14 `!; ,a <l IF 3 . � . � � . .��i<7 • . . .. � . . � � . . . . � . � . . I . � . . � � � � � �. � • . � . . . � . . � . � . � . . . .�'� . . . . . � .. .Y'r� ';,i „{� i �1 SECTION 12. ADMINISTRATION AND Mf1IN'CENl�NCf ; � 17...�1. lteT�<�irs :�K��cl (:��►n��lr�int�E:. � � � � � � � �� r�� a� A. The Franchisee shall provide a toll-freP telephone nt�m}�er fc�r �� subscriber complaints, and shaLl maintain a repair sQrviee capable of res�onding '�� to subscriber compiaints or requests for service within twenty-four (24) hours ;.�' after xeceipt of �he compiaint or request. A11 costs incurred in making repairs, adjustments ar installations shall be paid by Franchisee uniess otherwise x�' provided for in this ordinance or subscriber contract or in the ra�e sctiedule � available at City Hall. ;"� �,�. B. Whenever it is necessary to shut off or interrupt seruices for Che s': purposes of making repairs, adjustments or instailation, the Franchisee shall do sa during periods of minimum use by subscribers. Unless such interruption is unforeseen, Franehisee shall give xeasonable noCice thereof to the subscribers affected. ��' C. All complaints by Franchisor or subsc�:ibers regarding the quality � ; of service, equipment malfunction, billing disputes and any other matters r�lative '� _ to the System sha11 be investigated by Franchisee within twenty-Eour (24) hours. - Franchisee shall rectify the cause of justified complaints. if a subscriber ' complain� cannot be resoived within thirty (30j days, the complainant may file � the complaint with the Franchisor's City Admini.strator/Clerk, who shall inform �� the Advisory Board that Franchisee and eomFlainant have been unable to resolv� �' the camplaint. �' '� �� D. Franchisee shall instruct all complainants to submit their � �� complaints regarding quality of service, equipment, malfunctions, billing and �� the iike in writing. Franchisee shall keep on £ile for a period of five (5) ',.g� years a copy of aIl written compiaints, which file shall be open to inspection by the public. 12.02. Frar►chisor shall have authority to audit Franchisee's accounting x and financial records upon reasonable notice to Franchisee. The Franchisee shall file with Frat�chisor annuaZly a report of gross subscriber revenues. This report shail contain in€ormation regarding the total number o£ subscribers in the City, �`t the growth in the nwnber of subscribers during the year in question, and service ''� extensions, if any, during the year in the question. ;; Franchisor may retain an independent certified public accountant, at Franchisor's expense, ta conduct an audit of Franchisee`s books and records for the ur ose a� calcu P P latfn the f ranchise fee paid to Franchisor. Such audit , shall be limited to those�books and records necessary for verifying the accuracy � o£ the franchise fee and the certi€ied puh�ic accountant shall disclose anly that informatfon necessary to inform Franchisor of the accuracy of the payment, ii d,� 1 15 { ,,{ i , I i � # . . . � � . . . � � . � � � � . k . . �� ! .� '�. . � � . � . � . . . : . . . �,,r.�F � � . . . . � . . � � , . � . ��. 12.Q3. Franehisor's Gity Administrator/Clerk shall be respot�sil�le #:or the continuing ad�inistration of this Franchise. 12.Q4. F'ranchisee shall maintain an office within the cit}� limiCs of f � Lakeville, Farmington, Rosemount or Apple Valley with easy access to its customers ` � which S�$ii �� open during usual bus3.ness hours, and have a li.steci telephone number. '; b: 12.05. Franehisee shall make available for public inspection in the ��' City the current length and terms o€ resident�al subscriber seruice contracts. �<` x'` 12.06. Franchisee shall have the authority to promulgate such rules, t regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary ta enable it to exercise its rights and perform its obligations under this Franchise and to assure an uninterrupted service to each and all of its customers; provided, such rules, re�ulations, terms and conditioz�s shall not be in conflict with the pravisi,ons af this Franct�ise, the ordinances � of the City, the laws of the State a£ Minnesota vr the United States. A copy af such rulss, regulatians, terms and conditions shall be filed with the City AdministratorjClerk no more than thirty (30) days after the date of enactment of this ordinance. 12.U7. � Copies of all petitions, applications aud communications submitted by Franchisee to the Federal Communications Comrnissi�otn or other federal or state regulatory commission or agency having jurisdiction with respect �o any matter affecting operatians, so far as the same might affect the service or operations of Frartchisee in the Gity, sha11 also be submitted simultaneously to Franchisor by fiiing the same wfth the City Administrator/G�erk. SECTION l.3 MISCEI.LANEOUS 13.01. It shall be unlaw€ul for anyone to obtain any cable television services from any cable television company or any firm or private person with inCent to cheat or defraud such cable teievision company, other firm or private person, by installing, rearranging or tampering with any facilities ar equipment, or by any trick, stratagem, impersanation, pretension, falsification of fact ar contrivance, or by any device or means whatsoever. Anyone found guilty of a violatian of any of the provisions of this section shall be guilty of a rnisdemeanor, and shall be liable to a fine not ta exeeed five hundred ($500.00) dollars or imprisonment not to exceed �inety (90j days, or both. 13.02. No signals of a Class IV Gable commuc�icatioris ct��nnel may be ,, transmiCted from a subscriber terminal for purposes of monitoring individual '' viewing patterns or practices without the express written permission of the subscriber. Ths request for such �ermi.ssie�n sha11 be cc�titained in <� se��<�r.�t-e i' docu�nent with a prominent statemerit [hat the subseriber is authorizing permissivtt ;' 16 i ,i ,,; :{ . � � r � � � � � � � . � . . . . . . . . . . . . 3'�: . . . . . . . ,:,;'3 with full knowledge of its provisians. Such written permissian shall }�e far a ��; periad not to exceed one (1) year, which shali be renewable at the option Qf �he �� subscriber. The authorization shall be revocable at any time by thQ subscriber r;c without penaity. No penalty shall be invoked by Franchisee for a subscriber's �: failure to provide ar �enew the authorization. Such authorization is required 1r' for each type or classifieation of Class IV eable communications activity planned for the purpose of monitoring individual viewing patterns o�' �zactices. No information or data obtained by monitoring transmissian af a signal from a subscriber terminal including, but not limited to, lists of the narnes and addressas of such subscribers or any lists that ideMtify the viewing habits o£ subscribers, may be sold or otherwise made available to �ny party other than �o the �'ranchi�ee and i�s employees for internal bu�iness use, or to the subscriher wha is th+s sub�eat of thet information, unlese Franchisee has received specific `� written suthorfzation fram the sub�criber to make �uch d�ta avai.lable. Llritte�l permi,ssion from the subscriber shall not be required €or Che conduet of system- wide or individual.ly addressed electronic sweeps for the purpose o£ verifying system integrity or monitoring for the purpose o£ billing. Confidentiality of such information shall be sub�ject to the grovision set forth herein, 13.03. Franchisee may not engage in the sale ar service of privately- owned television receiv�rs, nor require of any subscriber the patronage of any person engaged in sueh sale or service busin�ss, This shall not apply t�o the repair or ad�justment of equipment which is part af the System af Franchisee. Nothing herein shall prevent Franchisee from making necessary adjustrnents to a subscriber's talevisivn receiver to insure proper operation under conditions of cable eonnection at the time of installation or in respanse Go a subseriber's eomplaint. 13.04. Franchisee shall promptly conform with a11 state laws, rules and regulations regarding cable communications, as well as with all federal laws and regulations. Franchisee shall, at all times during the life c�f this Franchise, be subject to all lawful exercise of the police power by Franchisor, ' and to such reason�able reguiations as Franchisor shall hereafter by ardinance y provide. � } , 13.Q5. Rosemount City Ordinance Number Xi.12 is hereby repealed. � 13.06. ShouTd any seetican or �art of r.his Ordinance, for �ny reasori, ' b� dec2ared void or invalici, the retnairicier of sucti t�r.ciinf�nc.e� S}lii1l. tlOt }7P. :l CT('('.l fi<I. 13.07. Ttte (;Ity wiil c[epc�sit t1�e ��rnual fra�icl�ise f:ee intU ,z s ecinl �` f u n d to promo te an d further the cause of publie and educational uses o� cable � communication. The City Council may, however, transfer money from the special fund ta the general fund in its discretion. � i . I ; , ;a 1� � ''' { . � � 13.08. Any conFlict between the provisions of this Franehise and any other lawful exercise of police powers of Franchisor shall be resoZved in favor of Franchisor. 13.09. I�equired notiees to Franchisee shall be in writing and shall be either hand delivered to Franehisee, its emplayees or agents, or mailed to Franchisee by certified or registered mail at the following address: 1b900 Gedar Avenue South, Rasemount, Minnesota 55068. Notices to the Gity shall be in writing and shall either be hand delivered to the City Adrninistrator/Glerk or mailed ta the City by certified or registered mail in care of the Cit}� Adminis- trator/Glerk at the fcallowing address: 2875 145th Street West, Rosemount, MN 55068. 13.10. The effective date af this ordinance shall be the d�te o£ its enactment by the City; however, the ordinance shall not be S.n full force and effeet unti2 its acceptance by FranGhisee. Enacted and ordait�ed into an Ordinance this day of , 1989. CITY OF ROSEMQUNT BY: Rollan Hoke, Mayor - ATTEST: Stephan Jilk City Administrator/Clerk The undersigned herewith accepts the terms and conditions of Qrdinance No. relative to the conditions and operations of a cable cammunications system in the City of Rosemount, Dakota Gounty, Minnesota, dated this day of , 1989. Star Midl�meriea Limited Partnership $y: �ts 18 .