Chapter 5.28


5.28.010  Definitions.

5.28.020  Grant of authority.

5.28.030  Rules of grantee.

5.28.040  Compliance with applicable laws, resolutions, and ordinances.

5.28.050  Liability and indemnification.

5.28.060  Safety requirements.

5.28.070  Conditions on street use.

5.28.080  Construction to be approved by county engineer.

5.28.090  Preferential or discriminatory practices prohibited.

5.28.100  Duration of franchise.

5.28.110  Operational standards.

5.28.120  System construction and extension.

5.28.130  Miscellaneous provisions.

5.28.010 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(1)  “Cable television system” means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to originate or receive television or radio signals directly off-the-air, or from other sources, and transmit them to subscribers for a fee.

(2)  “County” is the county of Chelan.

(3)  “County commissioners” are the commissioners of Chelan County.

(4)  “Grantee” is Quincy Cablevision, Inc., a Washington corporation, or person who succeeds such grantee in accordance with the provisions of this chapter.

(5)  “Person” is any person, firm, partnership, association, corporation, company or organization of any kind. (Res. 87-63 § 1, 7/13/87).

5.28.020 Grant of authority.

The grantee shall have the right and privilege to construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and places now laid out or dedicated and all extensions thereof, and additions thereto in the county; poles, wires, cables, underground conduits, manholes, and other television and electronic conductors and fixtures necessary for the maintenance and operation in the county of a cable television system in the following described area:

Sections 19, 20, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 22 North, Range 21 E.W.M.; Sections 5 and 6, Township 21 North, Range 21 E.W.M.; Section 1, Township 21 North, Range 20 E.W.M.; Sections 23, 24, 25, 26 and 36, Township 22 North, Range 20 E.W.M. (Areas depicted in Exhibit I, attached to the resolution codified in this chapter.)

(Res. 87-63 § 2, 7/13/87).

5.28.030 Rules of grantee.

Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said grantee to exercise its rights and perform its obligations under this franchise and to assure uninterrupted service to each and all of its customers; provided, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereto, the rules of the Federal Communications Commission, the laws of the state of Washington, the county or any other body having lawful jurisdiction hereof. (Res. 87-63 § 3, 7/13/87).

5.28.040 Compliance with applicable laws, resolutions, and ordinances.

The grantee shall, at all times during the life of the franchise, be subject to all lawful exercise of the police power of the county and to such reasonable regulations as the county shall hereinafter provide. (Res. 87-63 § 4, 7/13/87).

5.28.050 Liability and indemnification.

Grantee shall hold the county harmless against any and all damages that may be caused by reason of the construction and/or operation of grantee’s cable television system in the territorial area involved to any and every person or persons, and grantee shall cause to be defended at its own expense all action and claims that may be commenced against the county for damages by reason of construction and/or operation of such system in the territorial area involved. The grantee shall carry public liability and property damage insurance in the sum of not less than two hundred fifty thousand dollars for each individual, five hundred thousand dollars for each accident, and one hundred thousand dollars for property damage, and shall name Chelan County as an additional insured in said policy. (Res. 87-63 § 5, 7/13/87).

5.28.060 Safety requirements.

(a)  Grantee 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)  Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electrical Safety Code and the state of Washington in such manner that they will not interfere with any installations of the county.

(c)  All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and public ways and places of the county, wherever situated or located, shall at all times be kept and maintained. (Res. 87-63 § 6, 7/13/87).

5.28.070 Conditions on street use.

(a)  All transmission and distribution structures, lines and equipment erected by the grantee within the county shall be located so as not to obstruct or interfere with the proper use of streets, alleys and other public ways and places, and to cause a minimum interference with the rights of property owners who abut any of the said streets, alleys and other public ways and places, and not to interfere with existing public utility installations. In areas where all other utilities are underground, grantee shall place his facilities underground as well. When property owners pay all or a portion of undergrounding costs, by the local improvement district method or otherwise, grantee shall be entitled to a prorated portion of such payment.

(b)  In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall at its own expense, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed in accordance with the standards and specifications of the county.

(c)  If at any time during the period of this chapter the county shall elect to alter, widen or change the grade or location of any street, alley or other public way, the grantee shall, upon reasonable notice by the county, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures, at its own expense, and in each instance comply with the standards and specifications of the county.

(d)  The grantee shall not place poles, conduits or other fixtures above or below the ground where the same will interfere with any gas, electric, telephone fixtures, water hydrants or other utilities, and all such poles, conduits or other fixtures shall be placed so as to comply with all requirements of the county.

(e)  The grantee will, on request of any person holding a moving permit issued by the county, temporarily move its wire or fixtures to permit the moving or buildings with the expense of such temporary removal to be paid in advance by the person requesting the same, and the grantee shall be given not less than forty-eight hours’ advance notice to arrange for such temporary changes.

(f)  The grantee shall have the authority to trim any trees upon and overhanging the streets, alleys, sidewalks or public easements of the county so as to prevent the branches of such trees from coming in contact with the wire and cables of the grantee. (Res. 87-63 § 7, 7/13/87).

5.28.080 Construction to be approved by county engineer.

All construction and installation work where along or crossing county roads, within rights-of-way or other county property outside of the corporate limits of any incorporated town, shall be subject to the approval of and pass the inspection of the county engineer. A one-page permit for this activity will be required. Permit forms will be provided by the Chelan County public works department. The location of any pole, conduit or wire-holding structure of the grantee shall not be a vested right and such poles, conduits or structures shall be removed or modified by the grantee, at its own expense, upon order of the county. (Res. 87-63 § 8, 7/13/87).

5.28.090 Preferential or discriminatory practices prohibited.

The grantee shall not, as to rates, charges, service, facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to any prejudice or disadvantage. (Res. 87-63 § 9, 7/13/87).

5.28.100 Duration of franchise.

This chapter and the rights, privileges and authority granted shall take effect and be in force from and after July 13, 1987, and shall continue in force and effect for a term of twenty years. The county may terminate the franchise by resolution enacted for such purposes, pursuant to the provisions of this chapter, in the event of the wilful failure, refusal, or neglect by the grantee to do or comply with any material and substantial requirement contained in this chapter, Chelan County permit and construction requirements, or the rules and regulations of the Federal Communications Commission. The county shall give the grantee written notice of any defect and the grantee shall be allowed thirty days for cure of the defect prior to formal action by the board of Chelan County commissioners. (Res. 87-63 § 10, 7/13/87).

5.28.110 Operational standards.

The CATV system shall be installed and maintained in accordance with the highest and best standards of the industry and the Federal Communications Commission regulations to the end that subscribers shall receive the best service possible. (Res. 87-63 § 11, 7/13/87).

5.28.120 System construction and extension.

(a)  Grantee, whenever it receives a request for service from at least ten subscribers within one thousand three hundred twenty cable feet of its trunk cable, shall extend its systems 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 physically feasible. The one thousand three hundred twenty feet shall be measured in extension length of grantee’s cable required for service located within the public way or easement and shall not include length of necessary service drop to subscribers home or premises.

(b)  No person in grantee’s service area shall be arbitrarily refused service, however, in recognition of the capital costs involved for usual circumstances, such as requirement for underground 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, as indicated in this section and Section 5.28.070(a) of this chapter, 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 as an initial fee in addition to the usual and customary subscriber charges. (Res. 87-63 § 12, 7/13/87).

5.28.130 Miscellaneous provisions.

(a)  In the event a customer fails to pay his monthly service charge to grantee by the tenth day of the month in which said charge is due, grantee is authorized to disconnect the installation or charge a collection fee of ten dollars, or both. Any customer disconnected for nonpayment shall be required to pay a full installation fee, in addition to all back charges and collection fees in order to have the service reconnected.

(b)  This chapter is governed by and subject to all applicable rules and regulations of the Federal Communications Commission. Should there be any modifications of the provisions of Section 78.31 of the Federal Communications rules and regulations which must be incorporated into the franchise, the county and grantee agree that such further action shall be accomplished within one year of the adoption of the modification, or at the time of the next franchise renewal, whichever occurs first. (Res. 87-63 § 13, 7/13/87).