Chapter 5.08
CABLE TELEVISION
Sections:
5.08.030 Grant to be nonexclusive.
5.08.050 Conditions of street occupancy.
5.08.070 System construction and extension.
5.08.080 Operations standards.
5.08.090 Maintenance services and resolution of complaints.
5.08.110 Preferential or discriminatory practices prohibited.
5.08.120 Indemnification of town.
5.08.130 Procedure upon termination.
5.08.160 Federal regulations shall apply.
5.08.180 Compliance with applicable laws and ordinances.
5.08.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
A. “Basic CATV service” will be as defined by the Communications Policy Act of 1984, and is any service tier which includes the retransmission of a local television broadcast signal.
B. “Cable television system” means a system composed of, without limitation, antenna, cables, wires, lines, towers, wave guide, or any other conductors, converters, equipment or facilities, designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing any coaxial cable audio and/or visual radio, television, electronic or electrical signals to and from persons, subscribers and locations in the franchise area.
C. “CATV” means a cable television system as defined in this section.
D. “Company” means the grantee of rights under the ordinance codified in this chapter.
E. “Council” means the governing body of the town.
F. “Franchise area” means that area within the corporate limits of the town.
G. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
H. “Property of company” means all property owned, installed or used by the company in the conduct of a CATV business in the town.
I. “Street” means the surface of, and the space above and below any public street, right-of-way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communications or communications or utility easement, now or hereafter existing as such within the franchise area.
J. “Subscriber” means any person or entity receiving basic CATV service.
K. “Town” means the town of Mattawa.
(Ord. 212 §1, 1988).
5.08.020 Grant of authority.
Whereas the town has approved the legal, character, financial, technical and other qualifications of the company and the adequacy and feasibility of the company’s construction arrangements as part of a full public proceeding affording due process, there is granted by the town to the company the right and privileges to engage in the business of operating and providing a CATV system in the town, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, public way and public place, now laid out or dedicated and all extensions thereof and additions thereto in the franchise area such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations including but not limited to any public utility or other grantee franchised or permitted to do business in the town. The franchise authority granted by this chapter is separate from and in addition to the business license issued under Chapter 5.04, which may also be required when applicable.
(Ord. No. 643, § 1, 12-17-20; Ord. 212 §2, 1988).
5.08.030 Grant to be nonexclusive.
The right to use and occupy said street, and other public ways, for the purpose set forth in this chapter, shall not be exclusive, and the town reserves the right to grant a similar use in said streets to any other person.
(Ord. 212 §3, 1988).
5.08.040 Term of franchise.
The franchise and rights granted by this chapter shall be in full force and effect for a period of fifteen years, expiring at midnight, April 28, 2003. The franchise may be renewed under the terms and conditions set forth in the Cable Communications Policy Act of 1984.
(Ord. 212 §4, 1988).
5.08.050 Conditions of street occupancy.
A. All transmission and distribution structures, lines, and equipment erected by the company within the franchise area shall be so located as to cause minimum interference with the rights and reasonable convenience of the property owners who join any of the said streets or other public ways and places. The CATV systems shall be constructed and operated in compliance with all town, county, state and national construction and electrical codes and shall be kept current with new codes. The company shall install and maintain its wires, cable, fixtures and other equipment in such manner that they will not interfere with any installations of the town or of a public utility serving the town.
B. In case of disturbance of any street, public way, or paved area, the company shall, at its own cost and expense and in a manner approved by the town, replace and restore such street, public way or paved area in as good a condition as before the work involving such disturbance was done.
C. If at any time during the period of franchise the town shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, the company, upon reasonable notice by the town, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
D. Any poles or other fixtures placed in any public way by the company shall be placed in such manner as not to interfere with the usual travel on such public way.
E. The company shall, on the request of any person holding a building moving permit issued by the town, temporarily raise or lower its wires to permit the moving of the building. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than forty-eight hours’ advance notice to arrange for such temporary wire changes.
F. The company shall have the authority to trim trees upon and overhanging streets and public ways and places of the franchise area so as to prevent the branches of such trees from coming in contact with the wires and cables of the company, except that at the option of the town such trimming may be done by it or under its supervision and direction at the expense of the company.
G. In all sections of the franchise area where the cables, wires, or other like facilities of public utilities are placed underground, the company shall place its cables, wires or other like facilities underground to the maximum extent that existing technology reasonably permits the company to do so.
H. The company shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the company when required by the town by reason of traffic conditions, public safety, street vacation, freeway and street construction, change of establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the company shall in all such cases have the rights and obligations of abandonment of property of the company, subject to town ordinances.
I. The town shall have the right to make additional use, for any public or municipal purposes, of any poles or conduits controlled or maintained exclusively by or for the company in any street, provided that such use by the town does not interfere with use by the company. The town shall indemnify and hold harmless the company against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of the company’s poles or conduits.
(Ord. 212 §5, 1988).
5.08.060 Safety requirements.
A. The company shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
B. All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.
(Ord. 212 §6, 1988).
5.08.070 System construction and extension.
A. The company, upon granting of the franchise, shall immediately commence construction in those areas within the franchise area in which there are at least ten residences located adjacent to one thousand three hundred twenty cable feet of trunk cable.
B. The company, whenever it shall receive a request for service from at least ten subscribers within one thousand three hundred twenty cable feet of its trunk cable, shall extend its system to such subscribers at no cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physical feasible. The one thousand three hundred twenty feet shall be measured in extension length of company cable required for service located within the public way or easement and shall not include length of necessary service drop to subscriber’s home or premises.
C. No person, firm or corporation in the company’s service area shall be arbitrarily refused service. However, in recognition of the capital costs involved, for unusual circumstances such as requirement for underground cable, or more than one hundred fifty feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten subscribers per one thousand three hundred twenty feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, service may be made available on the basis of cost of materials, labor and easements.
D. In the event additional adjacent territory is incorporated within the town limits, by annexation or otherwise, the company’s rights and duties under this chapter shall be deemed to include such additional territory.
(Ord. 212 §7, 1988).
5.08.080 Operations standards.
The company shall operate and maintain its cable television system in full compliance with the operational standards set forth by the Federal Communications Commission and as provided by the “Communications Policy Act of 1984."
(Ord. 212 §8, 1988).
5.08.090 Maintenance services and resolution of complaints.
The company shall maintain a business office or toll-free telephone number which subscribers may telephone during regular business hours without incurring added message or toll charges so that CATV maintenance services shall be promptly available. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunctions, or similar matters, the subscriber shall be entitled to meet jointly with a representative of the town engineer’s office and a representative of the company within thirty days to fully discuss and resolve such matters.
(Ord. 212 §9, 1988).
5.08.100 Rates.
The town shall not regulate any rates and charges of the company, including basic service, tier service, connection fees, converter rental fees, or any other fees and charges.
(Ord. 212 §10, 1988).
5.08.110 Preferential or discriminatory practices prohibited.
The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled, and provided further that connection and services charges may be waived or modified during promotional campaigns of the company.
(Ord. 212 §11, 1988).
5.08.120 Indemnification of town.
The company shall, at all times, protect and hold harmless the town from all claims, actions, suits, liability, loss, expense or damage of every kind and description, including investigation costs, court costs, and attorney’s fees which may accrue to or be suffered or claimed by any person or persons arising out of the negligence of the company in the ownership, construction, repair, replacement, maintenance and operation of the cable television system, and by reason of any license, copyright, property right or patent of any articles or system used in the construction or use of said system. The company shall maintain at full force and effect during the life of any franchise, public liability insurance in a solvent insurance company authorized to do business in the state of Washington, at no less than in the following amount: one million dollars combined coverage. Provided that all such insurance may contain reasonable deductible provisions not to exceed five thousand dollars for any type of coverage, and provided further, the town may require that any and all investigation of claims made by any person, firm or corporation against the town arising out of the use or misuse of privileges granted to the company hereunder shall be made by or at the expense of the company or its insurer.
(Ord. 212 §12, 1988).
5.08.130 Procedure upon termination.
Upon expiration of the franchise, if the company shall not have acquired an extension or renewal thereof and accepted the same, it may have and it is hereby granted, the right to enter upon the streets, and public ways of the town, for the purposes of removing therefrom any and all of its property and otherwise. In so removing said property, the company shall refill at its own expense any excavation that shall be made by it and shall leave said streets and public ways and places in as good condition as that prevailing prior to the company’s removal of its property.
(Ord. 212 §13, 1988).
5.08.140 Transfer.
The company shall not transfer or sell its system until the vendee, consignee or lessee has filed in the office of the town clerk an instrument duly executed reciting the fact of such sale, assignment or lease accepting the terms of the franchise and agreeing to perform all the conditions thereof.
(Ord. 212 §14, 1988).
5.08.150 New developments.
It shall be the policy of the town liberally to amend this franchise application of the company, when necessary, to enable the company to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its customers.
(Ord. 212 §15, 1988).
5.08.160 Federal regulations shall apply.
The Federal Cable Communications Policy Act of 1984 was enacted effective December 29, 1984, adding a new section, Title VI to the Communications Act of 1934. This act, as passed and as may be amended, shall in all respects control the rights and obligations of the company. Whenever this chapter shall be in conflict with the Cable Communications Policy Act of 1984, or any amendment thereto, said Act shall control. Said Act shall also control as to any incidents of service, police powers, obligations of the company where this chapter may be silent as to said requirements or conditions.
(Ord. 212 §16, 1988).
5.08.170 Violations.
A. From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to construct, install or maintain within any public street in the town, or within any privately owned area within the town which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the town, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained, and unless the franchise is in full force and effect.
B. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the franchised CATV system within this town for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the operation of the system.
C. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
(Ord. 212 §17, 1988).
5.08.180 Compliance with applicable laws and ordinances.
The company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the town. The town reserves the right to adopt, from time to time, in addition to the provisions contained in this chapter, such ordinances as may be deemed necessary to the exercise of police power. Such regulation shall be reasonable and not destructive to the rights herein granted and not in conflict with the laws of the states or other local laws or regulations.
(Ord. 212 §19, 1988).
5.08.190 Penalties.
Any person violating or failing to comply with any of the provisions of Section 5.08.170 shall be guilty of a violation of law and for each day of violation or failure to comply may be punished under the terms of any state law or county ordinance applicable for violation of Section 5.08.170.
(Ord. 212 §19, 1988).
5.08.200 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the company. All ordinances and parts of ordinances in conflict with the provisions of this chapter are repealed.
(Ord. 212 §20, 1988).