Chapter 5
CABLE COMMUNICATIONS*
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Editor's note: Ord. No. 174, §§ 1, 2, adopted Dec. 18, 2002, repealed the former Ch. 5, §§ 5-1– 5-4, 5-10– 5-12, 5-15– 5-22, 5-28– 5-37, 5-40– 5-45, 5-50– 5-53, 5-55– 5-57, 5-60– 5-64, 5-68– 5-76, 5-79– 5-83 and 5-85– 5-99, and enacted a new Ch. 5 as set out herein. The former Ch. 5 pertained to similar subject matter and derived from Ord. No. 169, § 2, adopted July 18, 2001.
Cross references: Administration, ch. 2; roads, driveways, and parking lots, ch. 15; telecommunications, ch. 16.5.
Federal law reference– Cable Communications Policy Act of 1984.
State law references: Consent for construction in rights-of-way by cable television companies required from municipalities, MCL 247.183
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Article I. In General
Sec. 5-1. Short title.
Sec. 5-2. Purpose.
Sec. 5-3. Cable system requirements.
Sec. 5-4. Definitions.
Secs. 5-5– 5-9. Reserved.
Article II. Selection of Franchisee
Sec. 5-10. Award of franchise.
Sec. 5-11. Franchise application– Contents and fees.
Sec. 5-12. Criteria for award of cable franchise.
Secs. 5-13, 5-14. Reserved.
Article III. Franchise Agreement
Sec. 5-15. Generally.
Sec. 5-16. Grant of franchise.
Sec. 5-17. Execution and delivery by grantee.
Sec. 5-18. Execution and delivery by township.
Sec. 5-19. Term of franchise and other provisions.
Sec. 5-20. Negotiated provisions.
Sec. 5-21. Rights reserved by township.
Sec. 5-22. Procedure for termination.
Secs. 5-23– 5-27. Reserved.
Article IV. Design of System
Sec. 5-28. Channel capacity.
Sec. 5-29. Picture quality and technical requirements.
Sec. 5-30. Two-way capacity.
Sec. 5-31. Facilities.
Sec. 5-32. Special channel and access requirements.
Sec. 5-33. Service to public buildings.
Sec. 5-34. Interconnection.
Sec. 5-35. Community-specific cablecasting.
Sec. 5-36. Computer services.
Sec. 5-37. All-channels emergency alert.
Secs. 5-38, 5-39. Reserved.
Article V. Services and Programming; Subscriber Contracts; Complaints
Sec. 5-40. Services and programming.
Sec. 5-41. Local origination and cablecasting.
Sec. 5-42. Use of channels.
Sec. 5-43. Marketing.
Sec. 5-44. Interruption of service.
Sec. 5-45. Complaints.
Secs. 5-46– 5-49. Reserved.
Article VI. Construction
Sec. 5-50. Initial service area.
Sec. 5-51. Construction timetable.
Sec. 5-52. Construction standards.
Sec. 5-53. Location, maintenance and removal.
Sec. 5-54. Reserved.
Article VII. System Operations
Sec. 5-55. Information availability.
Sec. 5-56. Service contract.
Sec. 5-57. Subscriber practices.
Secs. 5-58, 5-59. Reserved.
Article VIII. Rates and Charges
Sec. 5-60. Limitations on rates.
Sec. 5-61. Adjustments to rates.
Sec. 5-62. Rate schedule.
Sec. 5-63. Rate changes.
Sec. 5-64. Limitations on rate regulation.
Secs. 5-65– 5-67. Reserved.
Article IX. Landlord-Tenant Relationship
Sec. 5-68. Purpose.
Sec. 5-69. Negotiation of agreement.
Sec. 5-70. Additional charges.
Sec. 5-71. Denial of service.
Sec. 5-72. Discrimination against tenant prohibited; penalty.
Sec. 5-73. Resale prohibited.
Sec. 5-74. Conformance with laws.
Sec. 5-75. Indemnification.
Sec. 5-76. Limitations on landlord/tenant regulations.
Secs. 5-77, 5-78. Reserved.
Article X. Miscellaneous
Sec. 5-79. Administrator.
Sec. 5-80. Advisory body.
Sec. 5-81. Delegation of authority.
Sec. 5-82. Subliminal advertising prohibited.
Sec. 5-83. Tampering prohibited.
Sec. 5-84. Reserved.
Article XI. Customer Service and Miscellaneous
Sec. 5-85. Customer service.
Sec. 5-86. Cable service.
Sec. 5-87. Grantee's billings and communications.
Sec. 5-88. Disconnect and downgrade charges.
Sec. 5-89. Late payment charges.
Sec. 5-90. Notice of programming or channel change.
Sec. 5-91. Notice of price increase or reduction of service.
Sec. 5-92. Grantee's communications.
Sec. 5-93. Disclosure of information on grantee's costs.
Sec. 5-94. Subscriber rebates.
Sec. 5-95. Security fund.
Sec. 5-96. Liquidated damages.
Sec. 5-97. Evaluation of violations.
Sec. 5-98. Remedies available.
Sec. 5-99. Appeal process.
ARTICLE I. Sec. 5-1. Short title.
The ordinance codified in this chapter shall be known and cited as the Cable Communications Ordinance.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-2. Purpose.
The purpose of this chapter is to promote and encourage the furnishing of a high quality but economical cable communications service to the residents of the township and to regulate such service in the public interest.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-3. Cable system requirements.
No person shall own or operate a cable system, as defined in this chapter, in the township, except by operating authority granted by the township, or except by franchise granted by the township, which franchise shall comply with all the requirements of this chapter, except as otherwise may be provided in a franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-4. Definitions.
For purposes of this chapter, any subsequent ordinance dealing with cable communications, any franchise agreement between the township and a cable communications company, and any application or proposal submitted pursuant to an RFP, the following terms, phrases, words and their derivations shall have the meanings given herein:
Access cablecasting means services provided by a cable television system on its public, education, local government, licensed or other access channels.
Access channels means channels which are dedicated to the public interest, according to the following categories (collectively "PEG access" or "PEG channels"): (a) public access; (b) educational access; and (c) governmental access.
Applicant means a person submitting a proposal for the franchise of a cable communications system.
Basic cable service means any service tier which includes the retransmission of local television broadcast signals.
Cablecast means to distribute programs (both from broadcasting sources and original programs) through the cable system by means of coaxial cable or other electrical conductors or fiber optical transmitters.
Cable communications service or cable service means (a) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
Cable communications system, cable system, CATV, SMA-TV (satellite master antenna television), or system means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way,;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Federal Communications Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c) to the extent such facility is used in transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility system.
Township means the Charter Township of Milford and all the territory within its corporate limits.
Township board means the governing body of the township.
Community-specific cablecasting means programming or channel allocation which selectively cablecasts to individual communities to meet their unique needs or interests.
Community refers to any unit with common needs or interests such as individual cities or neighborhoods, school districts or groups with common characteristics.
Connection means the attachment of the drop to the first radio or television set of the subscriber.
Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all basic subscriber signals included in the basic service delivered at designated converter dial locations. The converter may also allow reception of additional programming and/or services at extra cost to the subscriber.
Drop means the cable that connects the subscriber terminal to the nearest feeder cable of a cable system.
FCC means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
Feeder means an intermediate line of cable system that carries signals from trunk line to drops.
Franchise means the rights of a grantee to construct and operate a cable system in the township, subject to the township charter, this chapter and the franchise agreement.
Franchise agreement means the agreement between grantee and the township setting specific rights and responsibilities of each for construction and operation of cable system.
Fraud or deceit is not limited to common law fraud and deceit but include the meaning of those words under federal securities law.
Grantee means a person to whom a cable communications franchise has been granted or who otherwise has authority to operate a cable system.
Gross revenues means all revenue derived by grantee or any entity affiliated with grantee, from the operation of the cable system to provide cable services in the franchise area. Gross revenues shall include, but shall not be limited to, basic subscriber monthly fees, pay cable fees, converter rentals, late payment fees, installation and reconnection fees, advertising and home shopping revenue, leased access fees, and internet access service fees. The term does not include (a) any taxes on services furnished by grantee on behalf of said governmental unit, and (b) any dividends, distributions, interest or payments for service between grantee and its affiliates, subsidiaries and parent.
Headend means the equipment at the antenna site in a master antenna or cable system. The point of origination that collects all the signals (from broadcast stations, cable stations and satellite stations) and sends them to the subscribers.
Hub means one of two or more elements in a large cable system from which trunk lines originate, from which programming and data is sent out via trunk lines, where upstream messages are received and where switching is accomplished. Large systems have multiple hubs linked to each other and/or to a master headend.
Installation means the connection of the system from feeder cable to the point of connection.
Interactive system means a two-way operations system. See also "two-way capability."
Interconnect means to link cable headends so that subscribers to different cable systems can see the same programming simultaneously.
Local public access refers to the public opportunity to use cable channels which are dedicated to that purpose and are not under control of grantee.
Local origination means programs produced locally, the content of which may be original or produced elsewhere and sold or licensed to grantee for use.
Lockout device means a device which prevents reception of one or more channels at an individual drop.
Loop means a completely interactive closed-circuit net connecting specified municipal, educational, medical or commercial facilities within a system which should also have the capacity to be interconnected to the main cable system.
Pay TV means cable channels that require an additional subscriber fee.
Person means an individual, partnership, corporation or other entity as the context may indicate.
Point-to-point transmission means a signaling path provided by a system to transmit signals of any type from a subscriber terminal to another point in the system.
Producer means a user providing input services to the cable system for receipt by subscribers.
Proposal means an applicant's response to an RFP or otherwise pursuant to an applicant's request for the award of a new or renewal franchise. However, renewal proposals shall not be subject to the franchise application fee set forth in this chapter.
Public property means any real property owned by the township other than a street.
RFP means a request by the township for a proposal from applicants for a cable system.
Security system means optional two-way service(s) offered to cable subscribers which may alert authorities and/or subscribers of potential emergencies in the subscriber's home or public or private buildings.
Senior citizen means a person 62 years old or older.
Street or highway means the surface of and the space above and below any public street, road, highway, freeway, land, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by the township which shall, within its proper use and meaning in the sole opinion of the township, entitle grantee to the use thereof for the purpose of installing, or transmitting over, poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
Subscriber means a person who pays an installation charge and/or monthly fee to a cable system operator for connections to the system and for programs and services carried on the cable.
Subscriber service drop means the same as "drop".
Trunk or trunk line means the main line of a cable system that carries signals from headend to extremities of cable system.
Two-way capability means the ability of a cable system to conduct signals to a headend as well as from the headend. See also "loop".
User means a person or organization utilizing a system channel as a producer, for purposes of production and/or transmission of material, or as a subscriber, for purposes of receipt of material.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-5– 5-9. Reserved.
ARTICLE II. Sec. 5-10. Award of franchise.
The township board may award a franchise to an applicant only after a public hearing on the application and proposal, notice of which hearing shall be published in a local newspaper of general circulation as provided by law. Subject to applicable law, the township board may reject all applicants.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-11. Franchise application– Contents and fees.
All proposals shall be submitted in writing and shall be accompanied by a nonrefundable fee in an amount to be determined by the township board. All proposals shall contain the information required by the township, either in an RFP or otherwise.
(1) Such information shall include, without limitation, the following:
a. Information regarding the identity of the applicant;
b. Biographical data of the applicant's principal owners and proposed management, including the experience of such persons in the cable communications field;
c. Audited financial statements or the applicant's most current interim financial statements, which interim statements need not be audited but which shall be reviewed by a certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants and which interim statements shall be accompanied by the accountant's report thereon;
d. A financing plan for the proposed system and a projection, covering the term of the franchise, of revenue and expense in sufficient detail to permit a determination to be made of the financial viability of the applicant's proposal;
e. A detailed description of the system and facilities proposed for the township, including the matters to which a response is specifically required by applicable sections of this chapter, and including a schedule of projected rates for all charges and fees to subscribers;
f. A detailed timetable for the construction and commencement of operation of the system, including the matters to which a response is specifically required by applicable sections of this chapter.
(2) A new or renewal franchise may be adopted, amended or extended by resolution or ordinance as may be required by local law.
(3) The township shall be entitled to verify any information furnished by the applicant in response to the RFP or in response to other requests for information regarding the applicant and the applicant's affairs. The township may exercise such right by requiring reports from the applicant, or from third parties having knowledge of the applicant, or by conducting such other kinds of investigation as the township may deem proper. In such cases the applicant shall furnish the township with such written authorization regarding release of information as may be necessary to carry out the intent and purpose of the foregoing provisions. All of the foregoing provisions shall also be applicable to a grantee as well as an applicant, it being deemed to be in the public interest that the township remains knowledgeable regarding grantee and the operation of the system throughout the term of the franchise.
(4) No applicant, nor any person on behalf of any applicant, shall, in responding to an RFP or in responding to any other request for information by the township or by any other officer or agency thereof, make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. A violation of this provision constitutes a fraud upon the township.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-12. Criteria for award of cable franchise.
The award of a new or renewal franchise to an applicant shall be based upon the information contained in the applicant's proposal and such other relevant information as may be obtained by the township regarding such applicant and the proposal. Such award shall be based upon the criteria specified by law and, to the extent lawful, such other factors as the township may deem relevant including the criteria set forth below.
(1) The experience of the applicant in the cable communications field and the credentials of its owners and managers;
(2) The applicant's financial resources, including both present financial condition and the availability of committed funding to finance the applicant's proposed system; and the specificity and credibility of the applicant's projections of the revenue and expenses attributable to the construction and operation of the system;
(3) The applicant's system design, including channel capacity and ability to provide a broad range of services in conformity with the highest quality standards of the cable industry;
(4) The applicant's schedule of rates and the length of time the applicant is committed to maintain such rates;
(5) The applicant's response to specific local concern or needs, whether formulated by the township and made known to applicant or whether ascertained by the applicant.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-13, 5-14. Reserved.
ARTICLE III. Sec. 5-15. Generally.
The franchise agreement shall be in such form and contain such terms and provisions as shall be approved by the township board. The agreement may be adopted, amended and extended, by resolution of the township board or by any other mode of adoption, amendment or extension authorized or required by law.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-16. Grant of franchise.
Grantee shall be awarded a franchise, pursuant to the provisions of section 5-10 herein, either by resolution of the township board or by any other means authorized or required by law. Grantee shall be promptly notified of the award by the township by written notice thereof, sent by registered or certified mail.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-17. Execution and delivery by grantee.
(a) The franchise agreement shall be properly executed and delivered to the township by grantee, promptly after approval by township. The franchise agreement shall not become effective until that specific date set forth in the franchise agreement.
(b) Grantee shall pay to the township all costs incurred by the township in the franchise process as provided in the franchise agreement. All other payments which are to be made to the township by grantee shall similarly be made in accordance with the terms and conditions of the franchise agreement.
(c) Grantee shall deliver all monies, documents and instruments required by this chapter or by the franchise agreement at the times provided by the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-18. Execution and delivery by township.
Upon receipt by the township from grantee of the properly executed franchise agreement, together with the payment of all applicable fees, documents and instruments as may be required in accordance with section 5-17, the township may execute the agreement and, upon execution, shall deliver one fully executed copy to grantee; provided, however, nothing in this chapter shall prohibit the township from revoking the award of the franchise prior to delivery of an executed copy of the franchise agreement to grantee. In the event of any such revocation, which shall be accomplished in the same manner as that used in granting the award, any funds and all documents and instruments delivered by grantee to the township in connection with grantee's acceptance of the award, shall be returned forthwith to grantee.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-19. Term of franchise and other provisions.
(a) The franchise agreement shall provide for a nonexclusive franchise for a term of not more than 15 years, which term shall commence as of the date set forth in the franchise agreement.
(b) The franchise agreement shall provide that throughout the term of the franchise, grantee shall pay the township a franchise fee at the times and in an amount provided in the franchise agreement. Acceptance of any payment by the township shall not be construed as a release of or as an accord and satisfaction regarding any claim the township may have for further and additional sums payable as a franchise fee or for the performance of any other obligation of grantee under this chapter or the franchise agreement.
(c) The franchise agreement shall, in substance, contain the following express undertakings by grantee:
(1) That grantee agrees to and accepts all provisions of the ordinance codified in this chapter as initially adopted and waives any claim that any provision of this chapter is unlawful provided, however, grantee reserves the right to contest in good faith any interpretation by the township of a provision, which interpretation is believed by grantee to be incorrect;
(2) That grantee recognizes the right of the township to make lawful amendments to this chapter during the term of the franchise.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-20. Negotiated provisions.
The franchise agreement shall contain such further conditions or provisions as may be negotiated between the township and grantee except that no such conditions or provisions shall conflict with any provision of this chapter or other law.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-21. Rights reserved by township.
(a) Any franchise granted pursuant to this chapter shall be subject to the right of the township, by resolution of the township board, to revoke the franchise for just cause. "Just cause" includes, without limitation:
(1) A material violation by grantee of any provision of the franchise agreement or this chapter, or any rule, order, or determination of the township made pursuant thereto, where such violation remains uncured pursuant to the terms and conditions of the franchise agreement;
(2) Any attempt by grantee to dispose of any of the facilities or property of the system in contravention of the franchise agreement;
(3) The commission of any fraud or deceit upon the township.
(b) Any franchise granted under this chapter shall be subject to all lawful applicable provisions of this chapter or other township ordinances made pursuant to the powers of the township, the township Charter, and any lawful amendments to the foregoing, whether made prior to or after the inception of the franchise.
(c) Any franchise granted under this chapter shall be subject to the following additional rights of the township:
(1) To require proper and adequate extension of plant and service and maintenance, thereof at the highest practicable standard of efficiency, pursuant to the terms and conditions of the franchise agreement;
(2) To establish reasonable standards of service and quality of products, and to prevent unjust discrimination in service or rates;
(3) To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
(4) To impose such other lawful ordinances or regulations as may be determined by the township board to be conducive to the safety, welfare and accommodation of the public;
(5) Through its appropriately designated representatives, to inspect all construction or installation work performed subject to the provisions of the franchise and this chapter, and make such inspections as it shall find necessary to ensure compliance with the terms of the franchise, this chapter, and other pertinent provisions of law;
(6) At the expiration of the term for which a franchise is granted or upon termination and cancellation as provided therein, to require grantee, subject to applicable law, to remove, at grantee's sole expense, any and all portions of the system from the public ways within the township;
(7) To require grantee to safeguard and keep private all individual home subscriber information.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-22. Procedure for termination.
Any termination, revocation or cancellation of the franchise prior to the expiration of the term thereof shall be made by resolution of the township board only after a public hearing thereon. Grantee shall be entitled to 30 days' written notice of such hearing and the notice shall specify with reasonable particularity the ground upon which the contemplated termination is based. Any such termination, revocation or cancellation shall be subject to any requirements of higher law and any limitations and due process procedures contained in the franchise agreement between the township and grantee.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-23– 5-27. Reserved.
ARTICLE IV. Sec. 5-28. Channel capacity.
Grantee shall maintain throughout the term of the franchise the number of channels specified to be initially activated in the franchise agreement. Grantee shall upgrade the system's facilities, equipment and service pursuant to the terms and conditions of the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-29. Picture quality and technical requirements.
(a) The system shall produce a picture upon each subscriber's television screen in black and white or color, depending upon whether color is being telecast and provided the subscriber's television set is capable of producing a color picture, which is undistorted and free from ghost images, without material degradation of color fidelity. The system shall produce a sound which is undistorted on a properly operating standard receiver of a subscriber.
(b) The system shall transmit or distribute signals to television and radio receivers of all subscribers without causing cross-modulation in the cables or interfering with other electrical or electronic systems or the reception of other television or radio receivers.
(c) The system shall at all times meet not less than minimum FCC technical standards.
(d) The system shall be designed for and operated on a 24-hour a day continuous operation basis.
(e) Grantee's proposal shall specify the procedure for initially and subsequently testing the technical capacity of the system. Representatives of the township may be present during testing. The tests shall be done annually or such other periods as may be set forth in the franchise agreement. All expenses for all such tests shall be paid by grantee.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-30. Two-way capacity.
(a) Grantee shall provide the capability of maintaining an operational two-way system (audio, video and data impulse).
(b) Grantee will not install or permit the installation of any equipment that will permit transmission of two-way services utilizing audio, video or digital signals without first obtaining written permission of the subscriber. This provision is not intended to prohibit the transmission of signals useful only for the control or measurement of the system performance, or utility meter reading.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-31. Facilities.
Grantee's proposal shall describe, in detail, the location of its headend, hubs, distribution system, studios, equipment and other facilities and a plan for implementing the construction, utilization and maintenance of those facilities including plans for accommodating further growth and changing needs and desire of the community as determined by the township.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-32. Special channel and access requirements.
(a) Grantee shall carry broadcast stations in accordance with FCC rules as from time to time revised.
(b) Grantee's proposal shall describe, in detail, the utilization of converters or other special equipment which subscribers are to receive and any charges for them.
(c) Grantee shall provide adequate channels for PEG access. All residential subscribers who receive all or any part of the total services offered on the system shall also receive all PEG access channels at no additional charge. These channels shall be activated upon system activation and thereafter maintained as needed. If required by the franchise agreement, grantee shall establish rules and regulations for the use of PEG access channels which shall be approved by the township before implementation and thereafter shall not be altered or amended without approval of the township. In preparing such rules:
(1) Grantee shall provide an equal opportunity for use of access services;
(2) Grantee shall present a needs assessment of the community to be served and provide a plan to meet those needs;
(3) Grantee shall develop a plan to allocate to the township a reasonable use and fair schedule of channel time and use of equipment and facilities so that the township can send and receive programming fitted to its needs. Such plan shall be approved by the township before implementation and thereafter shall not be altered or amended without approval of the township;
(4) Grantee shall describe all equipment and facilities and any changes for their use;
(5) Grantee shall comply, at a minimum, with the reasonable requirements of the township now or hereafter adopted or determined regarding access channels.
(d) Grantee's proposal shall describe in detail all other channel offerings and charges for the same.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-33. Service to public buildings.
Grantee's proposal shall designate all publicly owned buildings in the township (township hall, police department, fire department, schools, library, etc.) and any buildings owned or leased for governmental use by any state, federal or local government in the township, to which grantee intends to provide service. The provisions for such service shall be described in detail and shall be provided without charge. Grantee's proposal shall include in such designation plans for existing as well as future publicly owned buildings.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-34. Interconnection.
(a) Interconnection required. Grantee shall interconnect origination and access channels of the cable system with any or all other systems in adjacent areas, pursuant to the terms and conditions of the franchise agreement. Interconnection of systems may be done by direct cable connection, microwave link, satellite or other appropriate method.
(b) Interconnection Procedure. Upon receiving the directive of the township to interconnect, grantee shall immediately initiate negotiations with the other affected system or systems in order that costs may be shared equitably for both construction and operation of the interconnection link.
(c) Relief. Grantee may be granted reasonable extension of time to interconnect or the township may rescind its order to interconnect upon petition by grantee to the township. The township shall grant said request if it finds that grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
(d) Cooperation Required. Grantee shall cooperate with any interconnection corporation, regional interconnection authority or township, county, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing or otherwise providing for the interconnection of cable systems beyond the boundaries of the township.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-35. Community-specific cablecasting.
If required by the township, grantee's proposal shall describe the means and manner of providing community-specific cablecasting over the system and the time of activation and points of delivery.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-36. Computer services.
If required by the township, grantee shall design and construct a system so that A and B cables (serving residential and institutional users) accommodate interactive data communications and so that the total network transmission time is less than one-tenth of a second. Further, the system shall accommodate interactive communications of point to point, point to multipoint, and multipoint to multipoint communications between subscribers or potential subscribers.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-37. All-channels emergency alert.
Except to the extent preempted by federal law, in case of any emergency or disaster, grantee shall make its entire system available, without charge, to the township or to any other governmental or civil defense agency that the township may designate. The system shall be engineered to provide an audio alert system to allow authorized officials to override automatically the audio signals on all channels and to transmit and report emergency information. The system shall also have the capability for visual transmission of emergency messages.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-38, 5-39. Reserved.
ARTICLE V. Sec. 5-40. Services and programming.
If required by the township, grantee's proposal shall state the extent of its commitment to provide for the following:
(1) A variety of origination programming;
(2) Automated channels carrying information from local sources;
(3) Local access programming;
(4) A home security package (with mechanisms to decrease incidents of false alarms);
(5) Access support including color broadcast studio and location production equipment, postproduction equipment, access promotion plans, and use of video facilities;
(6) Plans accommodating growth of access, production centers;
(7) A system to accommodate data, audio and video transmissions between institutions;
(8) Service to public buildings;
(9) Expanding distant signal offerings as FCC rules allow;
(10) Broadcast stations signals in late night and early morning hours;
(11) An FM service with individual station processing;
(12) A means for using the system during emergencies;
(13) Needs of schools and other learning institutions.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-41. Local origination and cablecasting.
If required by the township, grantee's proposal shall include detailed information on plans for local origination, origination cablecasting, automated channels carrying information from local sources, variety of origination programming, review of and incorporation of the needs and reports of the township, channel allocations, estimated programming hours, equipment, personnel and other resources committed to local origination production.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-42. Use of channels.
(a) Charges made by grantee to a user, except for public access channels, which shall be free, shall be set forth in the franchise agreement. Grantee shall not discriminate among users.
(b) Advertising for any candidate for political office for the parties sponsoring such candidates, shall be granted only upon the basis that all such other candidates for the same office, or other parties sponsoring such candidate (where a party itself so advertises in the first instance) shall be provided with comparable advertising time and at a comparable rate.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-43. Marketing.
If required by the township, grantee's proposal shall describe a marketing plan, advertising policy and means to promote the use of the access channels.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-44. Interruption of service.
Whenever it is necessary to shut off or interrupt service, grantee shall do so during periods of minimum use of the system. Unless such interruption is unforeseen and immediately necessary, grantee shall give reasonable notice thereof to subscribers. All costs incurred in repairing the system shall be paid by grantee, and if service is interrupted or disconnected, rebates and/or reductions in charges will be made pursuant to the terms and conditions of the franchise agreement. The cause for any such interruption shall be removed, and service restored as promptly as reasonably possible.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-45. Complaints.
(a) Grantee shall maintain an office in or proximate to the township which shall be open during all usual business hours, have a listed local telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time, seven days per week.
(b) Notice of this information shall be provided to all new subscribers at time of subscription and to existing subscribers annually.
(c) All complaints by the township, subscribers or other interested persons regarding the quality of service, equipment malfunction, billing disputes, and any other matters relative to the system, shall be investigated and responded to by a service representative of grantee within 24 hours. If reasonably possible, grantee shall promptly rectify the cause of all valid complaints.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-46– 5-49. Reserved.
ARTICLE VI. Sec. 5-50. Initial service area.
(a) If required by the township, grantee's proposal shall indicate the date by which system engineering and design shall be completed and dates on which each state of system construction shall be completed.
(b) The energized cable shall be extended substantially throughout the township (as determined by the township) within 18 months after commencement of construction or as otherwise provided in the franchise agreement. All persons along the route of the energized cable who desire them shall have individual drops installed within the same period of time.
(c) If required by the township, a map prepared by grantee reflecting the areas within the township initially served by the system along with the schedule for development of the system shall be included in grantee's proposal.
(d) The township shall cooperate with grantee in the development of its proposed service areas by making available to grantee for copying all maps, data and other statistical information then in possession of the township needed for the preparation of a map defining the initial service area.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-51. Construction timetable.
(a) Grantee's construction timetable as set forth in the franchise agreement shall reflect the specific method and schedule of construction of the system. The plan of grantee shall reflect the following:
(1) Location of all facilities including studios, headends, microwave receivers and senders and all hubs and wiring;
(2) A timetable reflecting when each area within the initial service area will be served;
(3) Grantee shall provide in its timetable a construction pattern that will allow the utilization of service to the greatest number of people in the shortest time period.
(b) Within 60 days after the effective date of the franchise term, grantee shall apply for all necessary permits, licenses, certificates and authorizations which are required in the conduct of its business including, but not limited to, any joint use attachment agreements, microwave carrier licenses or any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable communications system, or their associated microwave transmission facilities. If after six months from the commencement of franchise term, grantee has not received the permits, licenses, certificates and authorizations described in this paragraph, the township may assess penalties pursuant to the franchise agreement without regard to fault for delay in obtaining such permits, licenses, certificates and authorizations, unless otherwise provided in the franchise agreement.
(c) Promptly after obtaining all necessary permits, licenses, certificates and authorizations, grantee shall give written notice thereof to the township and commence construction and installation of the system.
(d) Grantee shall promptly notify the township of all delays known or anticipated in the construction of the system. The township may extend the construction timetable in the event grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-52. Construction standards.
(a) Grantee shall not open or disturb the surface of any streets or public property without first obtaining a permit from the township for which permit the township may impose a reasonable fee to be paid by grantee. The lines, conduits, cables and other property placed in the streets, and public property pursuant to such permit shall be located in such part of the street or public property as shall be determined by the township. Grantee shall upon completion of any work requiring the opening of any streets or public property, restore the same including the pavement and its foundations to as good a condition as formerly and in a manner and quality approved by the township. Such work shall be performed with diligence and due care and if grantee fails to perform the work promptly, to remove all dirt and rubbish and to put the street or public property back into the condition required by this chapter, the township shall have the right to put the streets or public property back into such condition at the expense of grantee. Grantee shall, upon demand, pay to the township the cost of such work done.
(b) All wires, conduits, cable and other property and facilities of grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of, the streets and public property of the township. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. The township shall have the right to inspect and examine at all reasonable times and upon reasonable notice the property owned or used, in part or in whole, by grantee. Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the township. Further, grantee shall furnish copies of such maps and records from time to time as requested by the township without charge.
(c) All wires, conduits, cables and other property and facilities of grantee shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(d) Grantee shall at all times comply with the following codes, rules, regulations, as amended, and any others supplemental to or in substitution thereof:
(1) National Electrical Safety Code (National Bureau of Standards);
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) Bell System Code of Pole Line Construction;
(4) Applicable FCC and other applicable federal, state and local regulations and ordinances.
In any event, the installation, operation or maintenance of the system shall not endanger or interfere with the safety of persons or property in the township.
(e) Whenever the township undertakes any public improvement which affects grantee's equipment or facilities, the township may, with due regard to reasonable working conditions and with reasonable notice, direct grantee to remove or relocate its wires, conduits, cables and other property at its own expense.
(f) Grantee's plans for constructing its system, and the construction of the system, shall be in accordance with its proposal as modified by the franchise agreement. However, grantee shall comply with the following minimum requirements:
(1) Grantee shall construct underground in any area where both electrical or telephone lines have been installed underground.
(2) Grantee shall change from aerial to underground at its own expense, in any area where both the telephone and electrical utilities are hereafter changed from aerial to underground.
(3) To enable grantee reasonable opportunity to change its wiring from aerial to underground, and also to allow it to pre-wire all new subdivisions or new development areas, the township shall provide grantee with written notice of the following, in accordance with the terms of the franchise agreement:
a. Any changes of which township has knowledge, or which the township may order, regarding a change from aerial to underground of any line (telephone or electrical) within its boundaries;
b. Any underground trenching that may be pending;
c. New subdivisions and development. All of such subdividers or developers shall be notified of the franchise and the system;
d. All ordinance changes affecting the wiring of the system.
(g) Grantee shall, upon completion of any work on private property (or easements thereon), restore the same including any and all landscape features, plantings, turf, buildings, pipes and wires (overhead and underground), pavements, sidewalks, foundations or other features whatsoever, to as good a condition as existed before construction.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-53. Location, maintenance and removal.
(a) Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main.
(b) Grantee, at the request of any person holding a building moving permit and with not less than five days' advance notice, shall temporarily remove, raise or lower its wires, conduits and cables. The expense of such temporary removal, raising or lowering of wires, conduits and cables shall be paid by persons requesting the same, and grantee shall have the authority to require such payment in advance.
(c) Grantee shall have the authority, to the extent the township has authority to grant the same, to trim trees upon or overhanging any street or public property so as to prevent the branches of such trees from coming in contact with the wires, conduit and cables of grantee. All trimming shall be done under the supervision and direction of the township and at the expense of grantee.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-54. Reserved.
ARTICLE VII. Sec. 5-55. Information availability.
(a) Throughout the term of the franchise, grantee shall maintain books and records in accordance with normal and accepted bookkeeping and accounting practices for the cable communications industry, and allow inspection and copying of the same at reasonable times at its designated office. The books and records to be maintained by grantee shall include the following:
(1) A record of all requests for service;
(2) A record of all subscriber or other complaints and the action taken;
(3) A file of all subscriber contracts, provided, however, that grantee will not have to disclose subscriber records which would tend to invade subscriber privacy;
(4) Grantee policies, procedures and company rules; and
(5) Financial records, pursuant to the terms and conditions of the franchise agreement.
(b) Township shall give grantee at least 24 hours' notice before making inspections of any books or records of grantee.
(c) Grantee shall file with the township, at the time of its payment(s) of the franchise fee, the following:
(1) A financial statement, certified by grantee as correct, showing in such detail as may be required by the township the gross operating revenues of grantee for the period to which the fee relates, together with all other financial information customarily contained in such statements and such other financial information as may be required by the franchise agreement;
(2) An annual certified financial statement prepared by an independent certified public accountant showing in such detail as may be required by the township the gross operating revenues of grantee for the period to which the annual fee relates, together with all other financial information customarily contained in such statements and such other financial information as may be required by the franchise agreement;
(3) Such other information and documents required by the franchise agreement;
(4) A statement of its current billing practices if changed from a prior filing;
(5) A copy of its current rules if changed from a prior filing;
(6) A copy of its current subscriber service contract if changed from a prior filing.
(d) The township, its agents and representatives shall have the authority to arrange for and conduct an audit of and copy the books and records of grantee as provided in the franchise agreement; provided, however, that all books and records so audited shall remain the sole and exclusive property of grantee. Grantee shall first be given notice of the audit request, as provided in the franchise agreement; the description of and purpose for the audit, and the description, to the best of the township's ability, of the books, records and documents it wishes to review.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-56. Service contract.
(a) Grantee shall receive approval from the township of the form and content of any service contract to be used by grantee prior to entering any such service contracts with subscribers, and grantee shall make no substantive changes in the approved service contract without prior approval of the township. The service contract shall include, at a minimum, a schedule of all rates and charges, a description of services, instructions on the use of the system, and billing and collection practices.
(b) Grantee shall have authority to promulgate rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable grantee to exercise its rights and perform its obligations under this franchise and to ensure an uninterrupted service to each and all of its subscribers; provided such rules, regulations, terms and conditions are not in conflict with the provisions of the franchise agreement ordinances of the township and laws of the state or the United States.
(c) Each subscriber shall be provided with instructions on filing complaints or otherwise obtaining information or assistance from grantee.
(d) All items described in this section shall be provided to each new subscriber at the time a contract is entered or service begun and to all existing subscribers forthwith upon any changes therein.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-57. Subscriber practices.
(a) There shall be no charge for disconnection of any installment or outlet. If any subscriber fails to pay a properly due monthly subscriber fee or any other proper fee or charge when due, grantee may discontinue service to such subscriber; provided, however, grantee may not remove any of its equipment until after the later of (1) forty-five days after the due date of said delinquent fee or charge, or (2) ten days after delivery to subscriber of written notice of the intent to disconnect. If a subscriber pays before expiration of the later of (1) or (2), grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, grantee shall promptly reinstate the subscriber's cable service. Where a subscriber has become delinquent in payment more than once, grantee shall not be required to reinstate the subscriber's cable service.
(b) Refunds to subscribers shall be made or determined in the following manner:
(1) If grantee fails, upon request by a subscriber, to provide any service then being offered, grantee shall promptly refund all deposits or advance charges paid for the service in question by said subscriber. This provision does not alter grantee's responsibility to subscribers under any separate contractual agreement or relieve grantee of any other liability.
(2) If any subscriber terminates any monthly service because of failure of grantee to render the service in accordance with the franchise, grantee shall refund to such subscriber the proportionate share of the charges paid by the subscriber for the services not received. This provision does not relieve grantee of liability established in other provisions of the franchise.
(c) If any subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by grantee.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-58, 5-59. Reserved.
ARTICLE VIII. Sec. 5-60. Limitations on rates.
The charges made for services of grantee shall be as set forth in the franchise agreement. Grantee shall receive no consideration whatsoever from its subscribers for or in connection with its service to its subscribers other than in accordance with this section, without approval of the township board.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-61. Adjustments to rates.
The township board shall have the power, authority and right to cause grantee's rates and charges to conform to the provisions of setion 5-60, and for this purpose it may deny or institute changes in such rates and charges when it determines that, in the absence of such action on its part, grantee's rates and charges or proposed rates and charges will not conform to section 5-60; provided, however, that the township board shall not, in making such determination, act in contravention of the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-62. Rate schedule.
Grantee's proposal shall include a detailed schedule of all rates and charges applicable to the system as required by the RFP. There shall be no charge for disconnection of any installation or connection and no charge for maintenance or repair service unless such service is required as a result of damage caused by the subscriber.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-63. Rate changes.
(a) The criteria and standards relating to the establishment of rate changes, whether initiated by the township or by grantee, shall include those certain criteria set forth in the franchise agreement.
(b) The procedure for reviewing and establishing a proposed rate change shall be set forth in the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-64. Limitations on rate regulation.
The provisions of this article shall apply only if, when, and to the extent permitted by law.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-65– 5-67. Reserved.
ARTICLE IX. Sec. 5-68. Purpose.
The township declares that the ordinance codified in this chapter has as one of its principal objectives the lawful public purpose of rapidly developing and maximizing the educational, community service, cultural and public safety potential of the township. The township further finds that the public interest and necessity require that no owner of any multiple unit residential dwelling (nor its agent or representative) be permitted to directly or indirectly prevent any resident of such dwelling from receiving cable communications service installation, maintenance and services from a grantee operating under a valid franchise issued by the township.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-69. Negotiation of agreement.
In order to provide the opportunity for the residents of any multiple unit residential dwelling to obtain service from grantee, such grantee may negotiate an agreement with the owner of that dwelling or, failing agreement, may request that the township exercise its power of eminent domain for the necessary public purpose of enabling grantee to serve residents of that multiple unit residential dwelling. Upon request of such grantee, the township may commence condemnation proceedings in accordance with applicable law. In the event of such proceeding, in preparing its good-faith offer of just compensation, the township may consider:
(1) The amount and fair market value of space occupied by grantee's cable and related facilities. The fair market value of the space shall be assessed in light of the prior use, if any, of that space, together with any evidence of nonspeculative alternative uses;
(2) The present value of any funds that the owner will reasonably expend over time in ensuring that grantee conforms to all laws, regulations and reasonable conditions necessary to ensure the safety, convenient functioning and appearance of the multiple unit residential dwelling;
(3) The continued physical availability of other space on the premises for the installation of alternative modes of television program reception or delivery;
(4) As an offset to the amounts set forth in section 5-68 and section 5-69, any increase in the fair market value of the multiple unit residential dwelling attributable to the availability of grantee's service to the property's tenants; and
(5) Any other reasonable, nonspeculative factors which the township may find relevant.
The requesting grantee shall indemnify the township for expenses and costs incurred by the township in the condemnation proceedings as well as for the full amount of the condemnation proceedings are completed or otherwise settled.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-70. Additional charges.
(a) Notwithstanding anything to the contrary set forth in this chapter or the franchise agreement, grantee shall be permitted to charge each resident of a multiple unit residential dwelling an additional charge, above and beyond the service rate for a single family dwelling as specified in the franchise agreement, solely to defray the exact additional per-resident cost to grantee of compensating the owner for access to the multiple unit residential dwelling.
(b) Any such additional charge shall be subject to the approval of the township. Such additional charge shall not be included in the computation of franchise fees due to the township pursuant to this chapter or the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-71. Denial of service.
Notwithstanding any other language in this section or elsewhere in this chapter, grantee shall not be obligated to provide service to any multiple unit residential dwelling so long as the owner of that dwelling demands compensation from grantee in an amount that is unreasonable or imposes financial or other conditions that would, in grantee's reasonable business judgment, render provision of service to that dwelling uneconomic. Should grantee subsequently agree to render service to such multiple unit residential dwelling, there shall be no installation charges to the residents of such dwelling beyond those set forth in the franchise agreement. Grantee shall not be obligated, in such circumstances, to request the township to institute condemnation proceedings.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-72. Discrimination against tenant prohibited; penalty.
Neither the owner of any multiple unit residential dwelling nor its agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident or discriminate in any way against such tenant or resident who requests or receives cable communications service from a company operating under a valid and existing cable communication franchise issued by the township. Any person convicted of violating any provision of this article is subject to a fine of not more than $500.00 for each offense.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-73. Resale prohibited.
No person shall resell, without the express written consent of both grantee and the township, any cable service, program or signal transmitted by grantee operating under a franchise issued by the township.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-74. Conformance with laws.
Nothing in this article shall prohibit a person from requiring that cable communications system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning and appearance.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-75. Indemnification.
Nothing in this article shall prohibit a person from requiring grantee to agree to indemnify the owner, or his agents or representatives, for damages or for liability for physical damages caused by installation, operation, maintenance or removal of cable television facilities.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-76. Limitations on landlord/tenant regulations.
The provisions of this article apply only if, when, and to the extent permitted by law.
(Ord. No. 174, § 2, 12-18-02)
Secs. 5-77, 5-78. Reserved.
ARTICLE X. Sec. 5-79. Administrator.
The township board may appoint an administrator who shall serve at the pleasure of the board and who shall be responsible for the continuing administration of the franchise on the part of the township. The township shall provide written notice to grantee of the initial appointment of the administrator and any subsequent appointments.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-80. Advisory body.
The township board may appoint a cable communications advisory committee to perform such duties and to have such powers as the township board determines. The composition and terms of office of the members of the committee, as well as the duties and powers of the committee, shall be determined and established by resolution of the township board.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-81. Delegation of authority.
The s reserves the right to delegate from time to time any rights or obligations under the franchise to any body or organization. Any such delegation shall be effective upon written notice thereof to grantee. Upon receipt of such notice grantee shall be bound by all terms and conditions of the delegation not in conflict with the franchise. Any such delegation or revocation thereof, no matter how often made, shall not be deemed to be an amendment to the franchise or require grantee's consent.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-82. Subliminal advertising prohibited.
Grantee is expressly prohibited from transmitting any form of subliminal advertising at any time.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-83. Tampering prohibited.
No person, whether or not a subscriber to the cable system, may intentionally or knowingly remove or damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of grantee, or to commit any act with an intent to cause such removal or damage, or tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus and appurtenances of the licensee with the intent to obtain a signal or impulse from the cable system without authorization from or compensation to grantee, or obtain cable television or other communications service or sell, rent, lend, offer or advertise for sale, rental or use any instrument, apparatus, device, or plans, specifications, or instructions for making or assembling the same to connect to grantee's cable system with intent to cheat or defraud grantee of any lawful charge to which it is entitled.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-84. Reserved.
ARTICLE XI. Sec. 5-85. Customer service.
Grantee shall maintain a local office or offices which provide the necessary facilities, equipment and personnel to comply, under normal operating conditions, with the customer service standards set forth in subsections A through E of this section. For purposes of this section, "normal operating conditions" embrace all conditions which are within the control of grantee, including special promotions, pay-per-view events, rate increases and maintenance or upgrade of the cable system, but excluding conditions outside grantee's control, such as, natural disasters, civil disturbances, power outages, telephone network outages and extreme weather:
(1) On a quarterly basis, sufficient customer service representatives and toll-free telephone line capacity during normal business hours to assure that a minimum of 90 percent of all calls will be answered within 30 seconds and 90 percent of all calls for service will not be required to wait more than 30 seconds after such call has been answered before being connected to a service representative. All incoming customer service lines shall not be simultaneously busy more than three percent of the total time the cable office is open on any business day. Grantee shall report its compliance with this section quarterly. In the event grantee ever defaults under the requirements of this section, then the township may require grantee to comply on a monthly basis and report such compliance monthly until such time that compliance has been established for three consecutive months in which case grantee may revert to quarterly compliance and reporting;
(2) Staffed emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays;
(3) Maintenance of an office in the franchise area of the Western Oakland County Cable Communications Authority (hereinafter "the authority") with adequate office hours to meet public demand. The authority may require grantee to alter or extend these hours if there is significant evidence through subscriber complaints that the posted hours are not adequate;
(4) An emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions on a 24-hour basis;
(5) An installation staff, capable of furnishing standard installation to any subscriber within seven days after receipt of a request. "Standard installations" means those located up to 175 feet from where trunk and feeder cable have been activated. Grantee shall, at its sole expense, cause all drops required to be buried to be properly buried within 15 days of installation of service unless conditions during such period make burial impracticable, in which case the drop shall be buried within 15 days after physical conditions reasonably allow for such burial. In the event of any dispute between grantee and the subscriber as to when conditions permit burial of the drop, such dispute shall be resolved by the decision of the township's building official or other official designated by the township to resolve such disputes;
(6) Grantee shall provide written instructions and information at the time of installation and reinstallation, and at least annually thereafter, to all subscribers on products and services, prices and options, installation and service maintenance policies, instructions for using the system, and billing and complaint procedures. Such instructions and information shall include grantee's business address, applicable phone number, and the name of the appropriate official or department of grantee to whose attention the subscriber should direct a request for service, request for billing adjustment or complaint. Such instructions and information shall also include the name, business address and telephone number of the authority's executive director and the title, business address and telephone number of the designated township employee to whom the subscriber can call or write for information regarding the terms, conditions and provisions governing grantee's franchise if grantee fails to respond within a reasonable period of time to the subscriber's complaint or request for installation, service or billing adjustment.
a. Grantee shall promptly furnish revised written instructions and information to each subscriber whenever the instructions and information previously provided have been changed.
b. The written instructions and information provided for herein shall be subject to the review and approval of the authority which shall not withhold its approval unreasonably. The authority shall have the power to compel changes in such material if the authority deems the same to be misleading, incorrect or inadequate in any material respect; and grantee shall promptly institute any changes so required by the authority.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-86. Cable service.
(a) Grantee shall interrupt system service only with good cause and for the shortest time possible and, except in emergency situations, only after periodic cablecasting notice of service interruption for two days prior to the anticipated interruption. Services may be interrupted between 1:00 a.m. and 5:00 a.m. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday, Sunday, holidays or the night preceding a holiday.
(b) Grantee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of all subscriber complaints. Such log shall list the date and time of such complaints, identifying the subscribers and describing the nature of the complaints and when and what actions were taken by grantee in response thereto. Such log shall be kept at grantee's local office, reflecting the operations to date for a period of at least three years, and shall be available for public inspection during regular business hours. Grantee shall submit a summary of such complaints monthly to the authority for its review or a copy thereof if the authority so requests.
(c) For purposes of this section "service interruption" means any loss or distortion of picture and/or sound on one or more channels; "subscriber problem" means a service interruption affecting a single subscriber; "outage" shall mean a service interruption affecting two or more subscribers. Grantee shall maintain a sufficient repair force of competent technicians so as to respond effectively, under normal operating conditions as specified in section 5-85 above, to any subscriber problem or outage within the following time periods, unless the applicable period is extended at the request of the subscriber or extended pursuant to the requirements of any applicable law or regulation:
(1) Subscriber problem: "Same day" service, seven days a week for all requests for service received prior to 12:00 p.m. each day. In no event shall the response time for notice received after 12:00 p.m. exceed 24 hours, including weekends and holidays, from the time grantee receives notice of the problem.
(2) Outage: Within two hours, including weekends and holidays, from the time grantee discovers or receives notice of the outage.
(d) Upon receipt of a request for service, grantee shall establish a four-hour appointment window with the subscriber (or adult representative of the subscriber). Grantee shall respond to the request for service within such established appointment window. In the event access to the subscriber's home is not made available to grantee's technician when the technician arrives during the established appointment window, the technician shall leave written notification stating the time of arrival and requesting that grantee be contacted again to establish a new appointment window. In such case, the required response time for the request for service shall be 24 hours from the time grantee is contacted to establish the new appointment window. Notwithstanding the foregoing, if grantee's technician telephones the subscriber's home before or during the appointment window and is advised that the technician will not be given access to the subscriber's home during the appointment window, then the technician shall not be obliged to travel to the subscriber's home or to leave the written notification referred to above; and the burden shall again be upon the subscriber (or adult representative of the subscriber) to contact grantee to arrange for a new appointment window, in which case the required response time for the request for service shall again be 24 hours from the time grantee is contacted to establish the new appointment window.
(e) Except as otherwise provided in subsection (d), grantee, under the provisions of section 5-85, shall be deemed to have responded to a request for service, a subscriber problem, or an outage only when sufficient technicians arrive at the service location, begin work on the request for service or remedial work, as the case may be, and proceed diligently to complete such work.
(f) No charge shall be made to the subscriber for any service call unless the problem giving rise to the service request can be demonstrated by grantee to have been:
(1) Caused by subscribed negligence; or
(2) Caused by malicious destruction of cable equipment; or
(3) A problem previously established as having been non-cable in origin.
(g) All service personnel of grantee or its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. Grantee shall account for all identification cards at all times. Every service vehicle of grantee shall be clearly identifiable by the public as such a vehicle.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-87. Grantee's billings and communications.
(a) Grantee's bills to its subscribers shall be clear, concise and understandable and shall be itemized as to each charge reflected thereon. The bill and any accompanying communication from grantee to its subscribers, and any other communication from grantee to its subscribers, shall not contain any material misstatement or omit to state a material fact which omission would make the information furnished misleading.
(b) The billing form and content in use by grantee as of the date of adoption of this article shall be subject to the approval of the authority. Any modification of the form and content of grantee's bills to subscribers shall also be subject to the authority's approval.
(c) The authority shall not withhold its approval of the form and content of grantee's bills unreasonably. If the authority disapproves of the form of wording of any of grantee's bills to subscribers, it shall so notify grantee and shall specify the basis for such disapproval. Grantee shall then modify the bills so as to remedy the defects specified by the authority. The modification shall be implemented by grantee effective with the first billing after the expiration of 45 days after receipt by grantee of the authority's notice of disapproval, unless the authority extends such time.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-88. Disconnect and downgrade charges.
(a) Grantee shall make no charge to any subscriber on account of complete discontinuance of service or, except as may be otherwise authorized by law, a net downgrade of service whereby the subscriber requests a lower tier of basic service and/or a net reduction in premium service.
(b) Grantee may only disconnect a subscriber if at least 45 days have elapsed after the due date for payment of the subscriber's bill and grantee has provided at least ten days written notice to the subscriber prior to disconnection specifying the effective date after which cable services are subject to disconnection; provided, however, notwithstanding the foregoing, grantee may disconnect a subscriber at any time if grantee in good faith and on reasonable grounds determines that the subscriber has tampered with or abused grantee's equipment, or is or may be engaged in the theft of cable services.
(c) Grantee shall promptly disconnect any subscriber who so requests disconnection. No period of notice prior to requested termination of service may be required of subscribers by grantee. If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by grantee. No charge may be imposed upon the subscriber for any cable service delivered after the effective date of the disconnect request.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-89. Late payment charges.
Late payment charges imposed by grantee upon subscribers shall be fair and shall be reasonably related to grantee's cost of administering delinquent accounts. No late payment charge shall be imposed upon a subscriber, and a subscriber shall not be deemed to be in arrears on a bill, unless at least 30 days have elapsed after the due date specified on the bill; and, for purposes of this section and the prior section, the due date specified on the bill shall not be earlier than the first day of the monthly period to which the bill is attributable.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-90. Notice of programming or channel change.
Grantee shall provide at least 30 days written notice to subscribers prior to disconnecting any channel or programming service or to realigning any channel and shall provide written notice of the same to the authority no later than grantee's notice to subscribers. This provision shall not preclude the right of the township or the authority on behalf of the township to contest or prohibit any such action by grantee if, and to the extent, such right exists. The foregoing notice requirement shall not apply in cases in which a programming service is discontinued because a nonaffiliated provider thereof discontinues furnishing the same to grantee on less than 30 days notice to grantee. In any such case grantee shall nevertheless furnish notice to its subscribers and the authority promptly upon grantee receiving notice of the discontinuance of the programming service from such unaffiliated provider.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-91. Notice of price increase or reduction of service.
Grantee shall provide at least 30 days written notice to subscribers prior to implementing any increase in subscriber rates or reduction in subscriber services and shall provide written notice of the same to the authority no later than grantee's notice to subscribers. The provisions of this section shall not preclude the right of the township or the authority on behalf of the township to contest or prohibit any such action by grantee if, and to the extent, permitted by law.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-92. Grantee's communications.
Prior to or simultaneously with any communication made by grantee to the general public or to grantee's subscribers announcing or explaining any increase in subscriber rates or reduction in programming services, grantee shall furnish a copy of such communication to the authority. Such communication shall not contain any material misstatement or omit to state a material fact which omission would make the information furnished misleading.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-93. Disclosure of information on grantee's costs.
In the event grantee, in any communication to the general public, to the township, to subscribers, or to the authority, justifies a price increase or reduction in service on the basis of increased costs to which grantee has been or will be subjected, then grantee, on written request of the authority, shall promptly furnish the authority the underlying information on which such claim of increased costs is based in such form as the authority may request. The information furnished shall not contain any material misstatement or omit to state a material fact which omission would make the information furnished misleading.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-94. Subscriber rebates.
(a) Except for planned outages where subscribers are provided reasonable notification in advance, upon a subscriber's request grantee shall provide not less than a one day credit for each day in which there is a period of four hours or more during which the subscriber experienced a significant impairment of cable service not attributable to any action or omission of the subscriber or to any defect in the subscriber's equipment. The credit specified herein shall be equal to one-thirtieth of the subscriber's total monthly bill for all services and equipment other than pay-per-view; provided, however, if such monthly bill includes a charge for a pay-per-view program subject to such outage or significant impairment, then the credit shall be increased by the amount of such charge.
(b) In the event of a violation of the provisions of this article by grantee which results in a subscriber not receiving cable programming service or receiving only significantly impaired service, the authority may order and direct grantee to issue a rebate to such subscriber in an amount determined by the authority to provide monetary relief to the subscriber substantially equal to the subscriber's unliquidated detriment or loss resulting from such violation, not to exceed the subscriber's monthly bill.
(c) Nothing in this section shall be deemed to preclude a subscriber from requesting and receiving from grantee a rebate greater than that provided in subsections (a) and (b) of this section.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-95. Security fund.
(a) Subsequent to the effective date of the ordinance codified in this chapter, within ten days after the award of a new franchise or the transfer, extension or renewal of an existing franchise, grantee thereunder shall furnish the authority, on behalf of all of the authority's member communities, and thereafter maintain with the authority, throughout the term of the franchise, a cash deposit of $50,000.00 as security for:
(1) The faithful performance by it of all the provisions of this article and the franchise;
(2) Compliance with all orders, permits and directions of any agency, commission, board or department of the township having jurisdiction over its acts or defaults under the franchise; and
(3) The payment by grantee of any claims, liens and taxes due the township which arise by reason of the construction, operation or maintenance of the system.
(b) Within ten days after notice to it that any amount has been withdrawn from the security fund, grantee shall pay to or deposit with the authority a sum of money in the full amount withdrawn.
(c) If grantee fails to pay to the township any fees within the time fixed herein; or fails, after ten days written notice, to pay to the township any taxes due and unpaid; or fails to repay the township within such ten days, any damages, costs or expenses which the township shall be compelled to pay by reason of any act or default of grantee in connection with a franchise; or fails, after any applicable notice and cure period, to comply with any provisions of the franchise which the township reasonably determines can be remedied by a withdrawal from the security fund, the authority, on request of the township may immediately withdraw the amount thereof, with interest and any additional charges, from the security fund. Upon such withdrawal, the authority shall notify grantee of the amount and date thereof and shall remit to the township the amount so withdrawn.
(d) The security fund deposited pursuant to this section, including all interest thereon, if any, shall be held by the authority, for the benefit of its member communities, in the event that the franchise is rescinded or revoked by reason of the default of grantee. Grantee, however, shall be entitled to the return of such security fund, or such portion thereof as remains on deposit at the expiration of the term of the franchise, provided that there is then no outstanding default on the part of grantee. Any interest earned by the investment of the security fund shall become part of the security fund and unless consumed by the payment of liquidated damages, fees or other charges under this article, shall be returned to grantee at the expiration of the franchise term, provided that there is then no outstanding default on the part of grantee.
(e) The authority shall maintain the security fund in a segregated account and shall not commingle the same with any other moneys of the authority. The authority may, but shall not be required to, invest the security fund so as to earn interest thereon and shall not be liable to grantee on any claim based upon the lack or insufficiency of interest earned by such fund.
(f) Payment from the security fund shall not constitute a cure of any violation or any act of noncompliance by grantee. The rights reserved to the township with respect to the security fund are in addition to all other rights of the township whether reserved by this article or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the township may have.
(g) The security fund provided for in this section shall be in addition to any performance bond, letter of credit or other security provided for in the franchise agreement.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-96. Liquidated damages.
(a) The authority may assess liquidated damages of up to $100.00 per day against grantee for each day grantee is in violation of this article. Such assessment may be levied against the security fund specified in this article or any letter of credit, performance bond or other security provided for in the franchise agreement after any applicable notice and cure period.
(b) Assessment of liquidated damages shall not constitute a waiver by the township of any other right or remedy it may have under the franchise agreement or applicable law, including the right to recover from grantee any costs and expenses, including reasonable attorney's fees, which are incurred by the township on account of grantee's violation of this article.
(Ord. No. 174, § 2, 12-18-02)
Sec. 5-97. Evaluation of violations.
(a) The violation of this article by grantee, grantee's agents, employees and/or independent contractors employed or retained by grantee shall be grounds for evaluating:
(1) Grantee's compliance with any existing agreement and with applicable law; and
(2) The quality of grantee's service and whether it has been reasonable in light of community needs; and
(3) The technical ability of grantee to provide the services, facilities and equipment as set forth in an operator's proposal for future or renewed cable services; and
(4) The reasonableness of grantee's proposal to meet the future cable-related community needs and interests of the residents and cable television consumers of the township.
(b) These evaluations shall be proper and germane for the township to consider formally when reviewing a proposal for renewal of any agreement to provide cable services within the township.
IN GENERAL
SELECTION OF FRANCHISEE
FRANCHISE AGREEMENT
DESIGN OF SYSTEM
SERVICES AND PROGRAMMING; SUBSCRIBER CONTRACTS; COMPLAINTS
CONSTRUCTION
SYSTEM OPERATIONS
RATES AND CHARGES
LANDLORD-TENANT RELATIONSHIP
MISCELLANEOUS
CUSTOMER SERVICE AND MISCELLANEOUS