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Ordinance No. 0522 11-06-1972: . � � 0 � SECTION I. SECTION 2. SECfIGN 3. S�C'C20N 4. SECTiON 5. SEC'fION 6. SEC.2'ION 7. SECTION 8. SL;CTIOPd 9. Sf;G'TION 10. SEf.'TI0I4 11 , SECTION 12. SEC:SOM 13. SF,C;ION 14. SECtION 15. SEC'PION 16. SECTION 17. S��PZON 18. SECTIO:J 19. secrzora 20. SEC?'ION 21. SECI';JN 22 SEC�IO:I 23. StCTIUN 24. SECTION 25. 5ECTION 70. SECTIOY 27. SE�TION 2�. SECTION 29 5ECT?GV 30. SECT1�„ :1. SEC1I0� 32. SECTION 33. SECTIOCt 34. $:1CIION 35. 131 ORDINANCE N0. �2? INDEX TO CABLE TELEVISION FRANCHISE ORDINANCE General PrCVZSions • • • . . . . . . . . . . . . . . . paqe 1 Auchority to Grant Franchise ar License ........ Page 4 Use of Telephone Facilities • . . . . . . . . . . . . . Page 5 Conditions ai Street Occupancy• • • • • . . . . . . . . p�c�e 5 Pa};r.ent to the City . . . . . . . . . . . . . . . . . . PYaye h A1dit . . . . . . . . . . . . . . . . . . . . . . . . . Paqe ] Security for Performance . . . . . . . . . . . . . . . Paqe � Acceptance Fee . . . . . . . . . . . . . . . . . . . . F�age 7 Duration and Renewat of Franchise . . . . . . . . . . Paye g Liriitations of Fran�:�ise or License . . . . . . . . . . Pare � R;.ghta Reserved to the City . . . . . . . . . . . . . F��g�e 10 Requirements in Construction . . . . . . . . . . . . Ps�e 13 Future Conditions of Use . . . . . . �. . . . . , . . . 1>agc 9�6 Inspection of Property and Records . . , . . . . . . . Fa�e Z7 Removal and Abandoittner.t . . . . . . . . . . . . . � Pa�e pg Changes Required k�y Public Improv�ments . . . . . £"�� .� Indemnification an3 :.iability Insura:�c� . , � . . . °.zue 19 operational Standards . . . . . . . . . . . . . .. . . I�agc� p{} Technical Standards . . . . . . . . , . .. , � , . , . Fa�,� �,� Intar-connection . . . . . . . . . . . . . . . � . , Pace ga Installation Contract . . . . . . . . . . . . . . . . � �aq� 32 Ra �E s . . _ . . . . . . . . . . . . . e . ,. . . . F�ac�e 33 Permits, Installation ard 'oervice . . . , . . . . � . . F'zgF 31 FKtent of Service (City Wide) . . . . . . . . . . _ � . Page �g Additional Sarvices • . . . . . . . . . . . . . _ . . �aqe '�g Preferc'tial or Ui�crini�atnr} PZactices Proti��t'-a -. Fa;e �p t�;_scellaneous F-cv� ; n.�� . . . . . . . . . . . . . �'�:� 41 CATV Advisory Commission . . . . . . . . . . . . . . . . pa-,� 42 RE(�ICSS . . . . . . . . . . . . . . . . . . . . . . . e i'37P_ 4.3 '�ermination and ReimbursemenG • � • • • • • - - • • - - Pa7�' C�3 Vi�lAi iuns . . . . . . . . . . . . . . . . . . . . F.3'� 4G Ao_.L- cahle I.aws . . . . . . . . . . . . . . . .. . . . . P �,'e 45 S�v;:ra' ility . . . . . . . . . . . . . . . . . � Fs9= 4Y Grsnt �f Franchise . . . . . . . . . . . . . . � . . . . Page 47 Effective Date . . . . . . . . . . . . . . . . . . . . . gage 4$ i i, > . r 0 ; ,_ � 0 132 ORULNA.ICE N0. 522 AN ORDLNANCE AMENDING ORDINANCE N0. 496 GItANTrNC 9 FRANCHISE TO GENE,RAL TELEVISION OF hffNNESOTA, IivCURPORATtiD, ITS SL'CCESSQRS AND ASSIGNS, TO OPERATE AND h1AINTAIN A COi,41UNiTY TELEVISION SYSTEM L*1 THE CITY, SET'TING FOKTH CONDITIONS ACCOMPANYING THE GIL9NT OF FRANCHISE; PROVIDING FOR CITY REGUTATIOr AND USE OF THE COMNI�NITY TELLVISION SYST�M, AND PRESCRIBING PFNaLTIES FOR THE VIOIATION OF ITS PhUV1SI0NS THE CITY COUNCIL OF THE CITY OF FRIllLEY DOES OADAIN THAT: CITY OF FkIDLEY (3RDINANCE IS AMENDED TO fLSAD AS FOLLOWS. SECTION 1. GENERAL PROVISIONS. A. Short Title. This ordinance sha11 be known and may 6e cited as the "Lable Talevision Franchise Ordinance." B. Findings of Council. After conducting pu6lic hearings on the adop:lon of this ordinance and after fu11 discussion and due deliheration, rhe Council of the Ci[y of Fridley finds that the construction, operation anc�inaintenance of a community antenna television system serving the City of Fridley is consistent wi[h the public interest, and specifically with the establishment and heaLthy aiaintenance of television seraice within the City of Fridley. C. DeFinitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivatives sha11 have the meaning given herein, *vhea not inconsistent with the context, words used in the present tense include the future, words in the nlural number include the singular number, and words in the singular number include the plural number. The word "'sha11" is always mandatory and not mereiy directory. 1. 2. 3. "City" is the City of Fridley. "Company" is the grantee of rights under this franchise "Louncil" is the Ci[y Council of the City of Fridley .� n � � �__. �, � � r �� b�� SE�TFON 1 CONTYNIJGD ORDINANGE N0. 522 PAGE Z 4. "Commission" is [he Caole Television Commission of the Citv of Fridley. 5. "Person" is ar.} person, firm, par[nership, association, corpora[ion, company, organization, or individual of any kind. 6. "Subscriber" is any person who has a contract with the company for service. In the case o£ multiple office buildings or multipFe dwelling buildings, [he "subscri6er" shall 6e deemed [he lessee, tenant or occupant. 7. "Ca61e Television Sys[em° (CATV Syscem) Any facilitv tha[, in vhole or in part, receives directly, or inditt-cl� over the air, and amplifies or otherwise modffies the s�gnals [ransnitting programs broadcast by one or more [elevis"s�an or radio s[ations and distributes such signals by wire or ca"tle to subscrlbing rs of the public, whu 11 not Lnclude fvs s�ch sezvicc, but such [erms such faesYitv chat serves fewex 2han 50 su6scribers, or (2) any such fac�i�.�tg that serves only the residents of one or more apartment dwellings under common owner- ship, control, oi management, and ccrosaercial esta6lishments located on the are:nises of such an avar[�ent house `Che CATV tem shall also include all cable cas¢inQ 6ra¢ina:sn¢ bv the franchLSee and other nonbroadcast use aff cable television; sach as, the provisian of channels dedxcaeed to public access, educatlonal use, eovernmen[al, and ❑ennrc�fiC institutions use. The Cahle 'Celevision Svstem shall be sui�iect to change [o meet �he develooment ot technoloAxcal advances and be adaptable to "the state oY thc ar[" . a 0 � � .� � 'J 1 � A $EC'fTON 1 CONTINUED ORDINANCE N0, 522 PAGE 3 $, "Installation" is the fixing for use or [he putting in pRacc in a � room the equipment necessary for reception of signais from the CATV 5ystem, exclusive of a television or radio receiver. 9. "Gross OperatinK Receipts" shall mean anv and aIl compensation and_ other consideration collected or received, or in any mrtnner gained or derived by the company from [he operation of i[s CATV service wi[hin the corpora[e limi[s of the City of Fridley, as sucE� corporate limits now exist or may be esta6lished hereafter. c 10. "Duplex System" is a two-wa}t communications sys[em consisting 11. 12 of coaxial cables which can carry signals in two directions which• has technical capacity for non-voice return communica[ions. "Dual Cable System" is [wo coaxial cables fastened together or otherwise connec[ed used for transporting television and radio signals. "Cablecasting". Programming (exclusive of broadcast signaLs) carried on a Cable Television System, Cable castinK may be of two kinds; (A) Originatior. ,ablecasting, �rhich is ,�rogramming (exclusive of broadcast signals) carned on a Cable Televtsion System over one or more channels, and su6�ect to the eKClus�ve control of the cable oneratnr. (B) A�ress cablecas-inK, wh�ch is servtre provided b�[he Cable TelevisiOn System on Lcs pu6lic, educational, local, �overnment ot !eased channF•ls. ' ' � . LJ � � � � � v� �SECTI6N 1 CONTI:JUED ORDIN�NGE N0. 522 13.��ChanneLs". The definici�n �f Channels shall be consistent with that adopted 5y [he Federal Corununication Svstem as follows: �A) Class 1 Cable Tel�vision Channei--A siRnaling path pravided bv a,�able Television Svs[em �a relav to subscriber terminals television broadcast,�roQrams that are received off the air or obtained by mlcrowave or by direcc cnnnec[ion to a televisivn sta[ion. (B) Class 2 CahLe Telev�sLOn Channel--A s�gnaling path ided bv Cable Television System to deliver to subscriber terminals television signals tha[ are intended for receptian —a - by a[elevision broaucast received witho�t the use of an auxiliary decoding device, and which sign�ls are not invulved in broadcast transmission C1ass 3 Cable Television Channel--A signaling path provaded bw a Cable Telev�sian Sp�tem to deliver to subscriber teru�iixals ae7e�x��,aca si�aaas tkvat are intended for the reception by ec�uipmem� atiher tl�a❑ telewxsCan broadcast receiver, or by a televxsio�a braadca�t ceceives onZy when used with auxiliary decodin� equipment. (LT} C'1'ass 4 i,atetz Television Channel--A signaling path provi�e�Y by a Ca6te YeYe- vision System to transmit signals of any t}�pe £x'om a surascriber [erminal to another poxnt �n the Caple Teie�.^ision $catem. SECTION 2. A[�THOPITY TO GRANT FK4L:Cfi�SE OR LICEI1aE. � nonezclusive franchisP to construct, opera*_�: �nd maintain � CA7'V sgstem PAGE 4 xithin the City c�a} be granted by the Counc�l to any p�rson, firm or corporation, pho or uhich offers to furnish and ;rovide such system under a�,3 py:suant to the tetms dnd �rov_sior.s Qf t}��s Qxc��ance. _k : % ��.� SECTI�`1 2 CONTIhCED ORDINANCE N0, 522 PAGE 5 NO provision of this ordinance may ne deemed oz construed as ta require the � ' grantinq of a franchise when in the opinion of the Counci2 it is in the public • iaterest to restrict the number of companies to one or more. -� SECTION 3- C7SE OF TELEPHvtiE E:�CSi�ITIES. . When and in the event that the company of azy franchise qranted hereundea ases in his CATV system facilities or rxght of way iurnished to the company b? a tele- phone company whose facilities are constructed, operated, and maintained pursJant to . its telephone fra;�chise and said company makes no use of the str_ets inde�:end=_nt of suGh telephone comoany furnished facilitres, said corpany �hall be required to eamply with all of the provisions hereoi as a"licensee" ar.d in such event whenev�r the term "company" is used it shall be deened W mean and include "licen;ee". SECTION 4. CONDITIONS ON STREET OCCUPANCY ' � Any franchise qranted pursuant to the provisions of this ordinance shall authorize and permit the conpany to engage in the business of oneratir.g and �roviding a CATV systen in the City, an3 for that puipoaa to zrect, insta7l, ecnstruct, repair, replacr, reco�struct, Pl31IItd1Ik ar.d retain in, or, ovc:r, ur)der, across apd alonq any pubiLC street, such poles, wires, caLYa, eonducter�, ducts, con3uit, e•au1t�. Lanholes, amplifiers, appliances, attachrents, and other property as may 6e necessazy and appurtesnant to the CATV system; and in addltion, so to use, operate, ar,d pro- vide si�ilar facilities or properties rented or leased from other persoas, fir,ns or eozpozations, includinq but not limited to any public utility or other cempany franchised or pezmitted to do business in the City. . 1 J � t � � �� SEGTION 4 CO'�?Iy:�p ORDINANCE N0. 522 PAGE 6 The riqhts herein qranted shall be sub7ect to the requiremencs that the company shall so set and erect its f�xtures and appurtenances along said public ways, as agpxoved in wzzting by the City EngLneer, sc as not to intezfere with thc ordinary tr�vel azd desired use of said ways, shall in a lik� manner maintarn said equip- ment during the term of this franchise, and shall mane use of the existing poles and other facilities to the extent availal�le to the company. SEClIdN 5. PAYMENT TJ THE CITY. The company shall pay to the City oa or before :4arch :st of each year :ollowzng �//�/ � tha commencement of cable casti�g/an amount equal [o ¢ave ' percent (5�) of the annual qross operating r�ceipts tatien ia and received by tne company for services provided within the City dur�ng the /J(// ye8r� for the use of the streets and othec fac.litbes of the City in the operation of the CATV system and for the municipal regalati�et th=reoF. This payment shall be in addition to any other tax or pa�nent owed to the Ca[y by the corpany. In the event that an}• payment is not made vy Masct� ist, aa pzovic�ed -ajao-iP� interest or t`� Amount due, as detPrmined from the gross oQerating receipts report �f thc certif:ed puGlie acco:ntart, shall accri� `rom s�ch dat� at t;�e ann�al ra�e of zig:�t percent (8ij. The amounts dasignated in this sectior. r�ay be art�anded no m�;e than cnce eacn year by the G1[y Council consistent with increased costs for municipal su�,ervis:on anci after a o�atlie t��urir,g. • f . � �� SEC!'ION 6. AUDIT. ORDINANCE N0, 522 PAGE 7 The ccmpany shall file with the City at the tima of its annual pay.nent a financial statement prepared by a certified public accountar.t sho�ring in oetail the � qross operating receipts, as defined herein, of the company during the year. The company shall also file any further financial information�n reqard to the company as may be zequired by the City Manaqer. SEGTION 7. SECURITY FOR PERF'OR6]ANCE. A. Within thirty (30) days after the effective date of this ordinance, the cempany agrees to deposit with the City and to maintain on deposit Eor the term of this franchise the sum of $50,000 in cash as a security fund or a ssrety bond, to be approved by the City, in the amount o£ 550,000.00, foz faithful performance of the terms of this franchise, for compliance wifih a11 orders, permi*_s and directions of any department of the City h�vinq jurzsdiGtion over the acts or defaults under this or other ordinances and far the payment by the conpany of claias, liens, and taxes due the City which arise a�y reason of the cnnstruction, operation, or maintenance of the CATV system. 8. The rlyhts reserved by the Cxty with respect to the secarity fuetd are in addition to all othzr rights thc City may hava uader this ordinance or any ather law. C. The C�ty Council may, from year to year >f� its discYation, reduce the a.'nount of money required in the security facd os surety bond. SECTI0.3 8 ACCEP ^rl?IGF. "c EE. The comya�y shall pay to the City at the ti�oe of qrar�tinq of the fr�nchise a�, decep'tance fee in [:�e sun of $25,DOO.DO. This fee shill te use3 by tne .:ity to eovcr its admir.is�ra!ive expenses ir sup�rvisir.3 t.`e CP.TV af�lica=�oa„ areparatio- of the ordinance, supervision of the construction and operatio� of the CATV system � ( � � � I � � �� PAGE $ SyE,�CTI�N 9. DURATION AN� REt�'EWAL OF FRr;`iCHISE R. The franchise and riAhts here�n ,zran[ed sha11 t�ke effect and_he in force from and after December 1, 1972, and sha11 continue in force for a oeriod of ten (101 years thereafter, providing tha[ the franchise and [he rights herein granted may be renewed for addi[ional five }ear perio3s upon expiratioa of the initial 10 yezr fraachise The five year r�newal�period sh311 be upon [he condition of [he company conplying with all the terme, conditions contazned in this ordinance. },1, Renewal Procedure. WL[htn one year vrior to the expLration of [he franchLSe '� — period, the Commission shall hold a publie hearanQ to determine (L) whether the �mpanv has complied wi[h all of the terms anfl condit��` bf [his ordinance and other aDPlacable local, state and federal laws and r��iations. (2) Whether the company has provided the City with satisfactory csb&e television service. (J) Whether the Commission shall recommend ta e}ae Caueacxi the renewal of the Company's franchise for an additional five year peraod. Notie� af saial hearing shall conform to the charter requirement for the grantflng af a ne�r franehis�. Application for renewal shall be on such forms, and shall contain such iofarm�tio❑ as shall be ribed hy the Comriission. The Commission shall make its recommenda[ions to the Council within 60 days after the close of the ps��lic hearing. The Council ah811 make a deter�ination on Che renewal of said frac.chs`.se at least six mon[hs before [he expira[ion of the exis[inQ franci.:sr pesiad. SECTION :0. LIMITATIOtJS OF FRANCHISE OIY LICENSE. A, Any franchise granted under this ordinance shall be nonexclusive. B. No privileqe or exemption shall be qranted oK conferred by ary franchise qzanted under this ordinanee except those specifically prascribed herein. C. Any privilege claimed urtder any such franchise �Y tne comp.�nY in a:f �fK��t or other Public property shall be subordinate to any prior �awful occupancy of the streets or other public property oY to any planned 1mQrovements such as side- valks, roadway wideninq, etc. • Q ,, , _ `�''� � 0 SECTIO� 1� C05TI`�UED D. Any such franchise sha11 bc a privilege tn bc held in personal trus[ by the original company i[ canno[ be sold, transferred, leased�assigned or PAGE 9 disposed of, in whole or in part either by voluntary or involuntary sale, merger, consolidation or in any other manner, wi[hout the prior consent vF the Council expressed by resoluticn, and then only undet such conditions and may therein be scri6ed. Pnor approval of the Council sha11 be required where ownership or control of more [han ]0/ of the voting shares of the company is acquLred Sy a person or persons, noue ar whom presen[Y� owns oc con[rols 10% or more of sucti voting stock, singulazly or callectively. Anr� reques[ for permLSSion to se1L, ¢ransfer, lease, assi2n, or dispose of this franchlse shall 6e made to the Commission. The Commission shall hold such hearzngs as Ln its aiscre:ion are neaessary and within a reasona6le time make its recammendations to the Council. ! 1 ' Within 30 days after approval by ihe Council, a d�nly executed cooy of such eransfer or assistnment shall be filed in [he office af the Ci�y Clerk. � O E. Time shall be of the essence of any such :zanchise qranted hereundez. The compar.y sha11 not be relaeved of its onligaticn to comply pronptly with any Of the provieions of this ordi�ance oi by a:y faxlure of the City to enforce promqt compliance_ F. Any right or power in, ar dutp inorasse3 upor., any offi=er, enployea, department� or hoard of the City shall bz subject Co transfer b�r thg City to any Other officer, eaployec, departa�ent, or board of the City. 1 � i 0 � � , �� SECTIQN 10 CONTItIUED. ORDINANCE N0, 522_ FAGE 10 G. The company shall have no recourse wnatsoever against the City for any logs, cost, expense, or damage arising out of any provision or requirement of this Ozdinance or of any franchise issued hereunder or 6ecause of its enforcenent. H. The company shall be sub�ect to all requirements of pertinent Federal and State of Minnesota laws and regulations, as Well as pertinent City ordinaaces, sules, requlations and specifications heretofore or hereafter enacted or established. I. Any such franchise granted shall not relleve the company of any obli- � qa�ion involved in obtaininq pole space from any department of the City, utility � ca��gany, or from others maintaining poles in the streeks. J. Any franchise granted hereunder�shall be in lieu of any and all other Ztqhts, privileges, powers, immunities, and authorities owned, possessed, con- Yxolled, or exercisable by company, or any successor to any interest of company, of ax pertaining to the construction, operation, or maan2ena�ce of any CATV system in th� City; and the acceptance of any franc�ise hereunder shall opesate, as between ca�pany and the City, as an ahandotrment of any an� a�b of such rights, privileqes, powers, fmmunities, and authorities within the Cit�, 2n th� effeck l•hat, as between eompany and the City, any and all construction, apetation and maintenance by the campany of any CATV system in the City sha2i he, and shall be deemed and construed in all instances and respects to be, undes and pursusnt to said frar.chise, and net under or pursuant to any other right, pzivilege, power, imr.�unxty, or authority whatsoever. SECTION 11. RIGHTS RESERV£D TO THE CITY. A. Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the company, either by purchase or though the excercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing here in contained shall 14� n � SECTIO:� 11 CONTINUED ORDINANCE N0, 522 be constr4ed to contract away or to modify or abridge, either for a[erm or in perpe[ui[y, the City's right of eminent domain. In additton to Che righ[ of eminen[ domain, tne City reserves the ri�h[ of firs[ refusal to purchasc saad franchise upon the same terms and conditiors of any hona fide of£er from a [hird party to purchase said company. PAGE 11 B. There is hereby reserved to the City every right and power which is • sequired to be hercin reserved or provided by any ordinance of the City, and the company, by its acceptance of any franchise, aqrees to be 6ound thereby and to comply with any action or requirements of the City in it5 exercise of such rights or power, heretofore or hereafter enacted or establisheQ. � �. C. Neither the granting of any franchise hezeunder nor any of the pro- visions contained herein shall be construed to prevent the City from grantinq any ' identical, or similar, franchise to any other person, firm or corporation, witk�in � all or any poxtion of the City. � D. There is hereby reserved to the City the powar to amend any section or part of this ozdinance so as to require additional or gieater standarcis of con- etruction, operation, maintenance or otherwi5e, on the part of the company. The company shall be notified at least 30 days prior to the enactment o£ any amendme�t of this ordinance. - E. N=_ither the qranting of any franchise nor any provision hereof shall eonstitute a waiver or bar to the exercise of any qovernmental rig'�t or power of the City. p, Arbitation, The City Manager ts hereby authorLZed and empowered Co ad�usc, settle, or compromise any controversy or charge arising from the operations oF any company under this ordinance, either on behalf of thr- C�ty, p�^ the Company, ' �a� the best interest of the puhlic. The company when dissatisfied with the decision ' '^ A 1 � -�I � �' SECTION 11 CONTINUED ORDINANCE N0, 522 � �:�5 PAGE 12 of the Citv Manager may appeal the matter to a Board of Arbitration for hearing and final determination. The Board of Arbitration may accept, reject or modify the decision of the City Manager; and the Board of Arbitration may ad7ust, settle, or com romise any controversy arisinq from the operations of any company or fran anV provision of this ordinance. The decision of the Soard of Arbitration shall be final. The Board of Arbitration shall be comprised of three (3) members, one of whom shall be appointed by the City, the second appointed by the Company and the third r, Co he appointed by the other two members. Upon failure to agree upon selection of the third member, such third member shaLl be anFOinted hy the Senior Judge of the Diatrict Court. G. Setvice Complaint Procedures. The Compaay shall'maintain an office in the City to deal with service complaints of subscriUers. Yf *3tssatisfied with the decision of the Company, the City Manager is hered�y acnti��rized snd empowered to • Sdiust, settle, or compromise any controversy or chasge ariwiacg; from the operations . af any company under this ordinance, either ean behaYf of tk�e complainant or [he Cempanv, in the best interest of the public. Either [he C�s�vany os anv subscriber who mav be dissatisfied with the decasion o€ �the Citv Mana��r musv_ appeal the ma[ter to a COMPL'�INT REVIEW SOARD for hearine and frinal detetmimaticrer. �he Comnlaint Review Board may accept, reject or modify tlxe decisipn o�f the City Manager; and the Complaint Review Board may adjust, settle nr eo�mpramise any ec�ntroversy arising . — from the operatio�s oi any company or from any provisi�sx o� [hfs ordinance. The decision of the Complaint Review Board sha1F be final Complaint Review Soard: The �omplaint Review 8�ard shall be comprised of I thtee members of the Cable Televi�ion CommissLOn, avvoin[ed 6v the Chairman of the Cab1e Television Commission. ,�_ ,� `-} SECTION 11 CONTINUE➢ ORDINANCE N0, � PAGE 23 omnlaints by anv subscriber as to the�o eration of any CATV svstem shall be filed in writing with the City or Company, each of which sha11, within ten days, ' foruard copies of such camplaints to the o[her. The City sha11 be notified by the franchisee on forms to be prescribed by the Commiasion not less than every three months, of the complaints of subscribers received during the reporting period and the manner in which they have been met, including the time required to make any necessary repairs or adjustments. ' S�C1'ZON 1<. REQUIREMENTS IN CONSTRIICTIQN. ]1, The company shall iirst o6tain the approval of the City Engineer of the CiEy befoze any construction is commenaed on any af the,streets, alleys, public ' qrounds or places of the City. The company sha11 give the City reasonable wzitten xwtice of pzoposed construction so as to coordinaLe all work between the City and � t3ie company. In the event the City Eagineer dces not agprove a request mac�e by tha company, the company may appeai throaqh a v.zitten statement submitted to the � City Manaqer within thirty i30) days from the date of the Engineer`s failuze to approve. 0 8. Appl3cation for approval shall contain the followinq material: l. A written statement requesting approval. - 2. Plans and specifications of the work ka be done, includinq cieaa- up and landscapinq of the project. � � � � r 0 � �- � SE87ION L2 CGNTINUBD ORDINANCE N0. 52� PAGE 14 G, 1°he company shall not open or distuzb the suzface of any street, side- walk� driveway, or pu6lic place for any purpose without first having•obtained a peL'mit to do so from the City Enqineer, for which permxt the City may impose a reasonahle fee to be paid by the caapany. The wires, conduits, cables and other pxvperty placed in the streets and public places pursuant to such permit shall be loeated in the streets or portions of t!ie streets and public places as shall be desiqnated by tne City Enqinees. T:�e cor�pany sha11, uaon ron�letion of any work sequirinq the opening of arty street or puUlic place, restore the same, includinq „ � tiie gxvinq and its foundations, to as qood candition as formerly, and in a manner and quality approved by the City Enqineer, and sha11 exercise reasonable care to' maintain the same thereafter in good conditian. Sazd work shall be performed Vith due diligence and if the company sisall f�al to grcamptly perfozm and cumplete khe wrk, to reaove all dirt and z�u�biskn and t.�s gut t�� street or public lace in �� geqd Condition, the City shall have the r�ght tu put ¢i�e street cr public place , Sn qood condition a� the expense of the company; asYd the com�pany shall upon demand, pay to the City the wst of such work done foz or perfazmed by the City, toqether Mith ten percent (l0i) additional as iiguidated daasages. Whenever the City shall grade, regrade, c� change the line of any street or publiC place or construct or reconstract any sewar oz water system therein and shall, with due regard to seasonable working cor�ditions, order the company to zelocake or yzotect its wires, conduits, cables.and other property located in said street or psblic place, the company shall relocate os protect its `acilities at its own expense. The City shall give the company reasonab:e notice of plans to grade, re7rade or chanqe the line of any street or puhiic plac_ or to con_;truct or re- Fpnst�c� qnY ��w�F Qr water system therein. B �_ � (� 0 SECTION 12 CONTINUED ORDINANCE N0. szz PAGE 15 Nothing contained in this section shall relzeve any person, persons or corpora- tions from liability asisinq out of the failure to exercisa zeasonable caze to �a�`�� injurinq the-company's facilities while performinq any work connected s+ith qrading, zeqradinq or changing the line of any street or public place or with the construc- tion or reconstruction of any sewer or �,ater system. + The City shall qive the company zeasonable written notice ef plans for street improvements wheze paving or resurfacing of a pex�nanent nature is iavolved, which notice shall contain the nature and character of the improvements, the streets upon which the improvc�ents are to be ma?e, the ex:ent of the imr�rovements ar.d :ha time when the City is gcing to start the wask. _ The notice shall be glven to the comy�arxy a 5ufficient length of time, con- a±derinq seasonable working conditions, an advance af the actual commencement of the work to permit the company to maice any add'atiqns, alterations ar re�airs tq Sts facilities deemed necessary. A11 wires, conduits, cables and other praperty and faciTities shall be so located, constructed, installed and maxntained as not to endanqer or unr�ecassarily �ntezfeze with the usual and customazy trade, traffic and traveY upon the stzeets and public places of the City. She company shall keep and maintain all of its pro- perty in good condition, order and repair, so that the same shall not menace or endanger the life or property of any person. The City shall have the sight to inspect and examine at any reasonahle time thg property owned or used, in pazt or in whole, by the company. The company sha12 keep accurate maps and zecords of all � Sts facilities a:�d furnish copies of such ma�:s and records as requested by the City. , , � r � � ' L_J � �-�! ORDINANCE N0. 522 6fiCf'FOt�i 13. FISTURE CONDITIONS OF USE. A. The company shall not place poles or other fixtures where the same will interfere with any gas, electzic, or teleQhone fixture, water hydrant or main � i end all such poles or other fixtures placed in any street shall be placed in the t3ght af vay 6etween the roadway and the propecty as di=ected by the City Encjinees oz his authorized representative. PAGE 16 8. The company shall, on the request of any person holding a building moving � permit, temporarily raise or lower its wires to permit the moving of buildings. LJ Tha expense of such temporary renoval, raisinq oz Zowering of wizes shall be paid by the person requesting the same, and the comgany skall have the authority to tequize such payment in advance. The compaay sha12 be giveri nok less than five (5) �days advance notice to arranqe for such temporary uare ch�nqes. ' C. The company shall have the aothor�tg ta txim tazes� uFxan and ovezhanging atreeta, alleys, sidewalks, and public plaees of the Ci�y s¢s as to pzevent the brancheo af such trees from coming in cantact with. the vizes nnd cables af the eea�pany, all trimming to be done under the superv:Lsf�n and directaon of the City and,at the e�cpense of the company. p, 7111 installations shall be underground ia thase areas of the City}where pther u'tilities are underground at the time of instaliatian. In areas where any uZility fac�lities are above ground at the tic�e of instalPation, the company may iastall Zts serrice above ground with the understanding tha� xt such time as those facilitles are required to be placed uttdesgzound by the C'sty, the company shall 313:ew1se place its services underground w3thout addit�onal cqst to the re�idents of �e City. 0 � d 1 _ � , JL "�C V � ' �, I DROINANCE N0, 522 SEC°A`ION 14, INSPECTION OF PROPERTY Ah'D RECORDS. 71, At all zeasonable times, the company shall permit any dnly authorized zepresentative of the City to examine all property of the company together with any appµrtenant property of the company situated within or without the City, and to examine and transcribe any and all maps and other records kept or aaintained by the company or under its control which deal with the operations, affairs, tzansactions,or pzoperty of the company with respect to its franchise. If any such maps or records are not kept 1n the City, or upon reasonable request made aVailable in the City, and if the Council shall deteimine that an examination thezeof is necessazy oY appropriate, then all travel and maintenance expense aecessatily incurred in makinq such examination shall be paid by the company. 8. The company shall prepare and furnish to the City Enqineer and the PAGE 17 Finance Director at the time and in the form prescribed by either of said officers, � such reports with respect to its operaCions, affairs, transactions or propertv, as � may be reasonably necessary or appropriate to the perfozmance of any of the rights, functlons or duties of the City or any of its officers in connection with the lsenchise. , C. The company shall at all times make and keep at an office maintained by the firm in the City of Fridley full and complete plans and recozds showinq the exact location of all CATV system equipment installed or in use in streets and othaz public places in the City. A. The company shall provide to the City of Fridley a current map or set of maps drawn to scale, showinq all CATV system equipment installed and in place in atreets and other puhlic places of the City. _i , � � . . a � � v ORDINANCE N0. 522 SFCTSON 15. REMGVAL AND ABANAONMENT. � �`� PAGE 1� A. In the event that the use of any pazt of the CATV system is discontinued fnr any reason for a ccntinuous per3od of twelve (12) manths, or in the event ■uch system or property has been installed an any street or public place without complyinq with the requirements of company's franchise or this ordinance, or the franehise has been tezminated, cancelled ar has expired, the company shall piomptly, u�on being qiven ten (10) days notice, remove from the streets or public places all sueh propezty and poles of such sfstem other than any which the City Engineer may pexmit to be ahandoned in place. In the event of such removal, the company t�hall promptly restore the street or other area Fsa� which such progerty has been temoved to its condition prior to such remav�i. vuch �estor.ation shall be approved by the City Ertqineer. 8. Any property of the comp�ny xeeaaiveang s.n plaee khirty (3QD days after, the tex'mination or expiration of the fsacachise stuail 6e cansidered pecmanently abandoned. The City Enqineer may extend svc� time as �anditicns warrant for the , safe and orderly renoval of said pro�erLg. , C. Any pcoPerty oE the company to be ahandoned in place sha1L be abandoned in such manner as the City Engir.eer sk�all prescribee Subject to the provisions of ufy ut111ty joint use attachment agreeaient, upon pezueanent aba[edonment ef the pto- perty of the company in place, the groperty shall beaome that o� the City, and the E+ampar.�r :hall submit to the City Engineer an instzument in wsiting, to be approved by the Cit} Attorney, transferrinq to the City the ownership of such pzoperty. 0 � .� G . c . N�t L Y ORD INANCE PD , 522 SECTION 16. CY,ANGES REQUIRED BY PUBiIC ZMPROVEMENTS. The company sha11, at its expense, protect, support, temporarily discor.nect, T62ocate in the same street or other public place, or reAOVe from Ghe street or other public piace, any property of *he company when required by the City Er.gi.^.eer by zeason of traffic conditions, public safety, street vacation, freeway and street construction, changc oz establishment of street gxade, installation of sewers, drafns� water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public aqencies; provided, however, that the company shall in all such cases have the priv�leges and be sub�ect to the obligatiocs to abandon any property of the company in place, as provided �n Section 15 hzreo` �'- 5ECTION 17. INDEMNIFICATION AN� LIABILITY INSUPAbICE. , - The company shall, concurrently oath the filinq of an acceptance of award of any fzanqhise qranted under this ordinancz, furnish to the City and file with tae Cfty Clerk, and at all times durang the existence of any franchise granted here- under, maintain in °ull force and effect, at its own cost and expense, a corporate eurety bond or a liabi2ity insurance policy evidenced by a certif�cate of insurance in the amount of One Million Dollars (S1,OOO,Q00)• The company shall save and keep harmless the City, the City Council and all City employees and commissions, from any suit, judqment, execution, claim or demand c.h.tsGever which may be asserted or recovered acainst it ta3ed uoon or arlsiny oat of the consuuction, maintenance, o�:�ration pf tt�e systen or any pazt thereof. Th±s shall be quaranteed to the City by a public lia':lity and ' , � , L 1 ' � P� � ,SECTIOH 17 CONTINUED. ORD INANCE IJ� , 522 p�E 20 pxoperty dama9e policy naminq the City, the City Council and all City employees �d canmissions, as co-insureds, and apprqved by the City Council in the amount 02t S 75,OQ0.00 for property damage to any one person, $ 150,OOC.00 for property damaqe in any one occurzence, S 500,000.00 for bcdily injury to any one person, S 1,00O,OOa.00 for 6odily injury in any one occurrence, Lo b� negotiated and paid for by the company. The ir�surance shall be obtained from a company acceptable to the City Council and a certificate of coverage shall be provided to the City. The policy shall state thaY tite City shall be notified in writinq by the insurez thirty (30) days in advance of any cancellation or termination of any such policy. The City Council shall annually review the above ansuxazice provisicns; and, i� it is determined that the insurance caverage is inadeguate, addztxonal insurance may be required by the City Council and shall be grovided fox by the company. §ECTION 18. OPERATIONAL STANDARDS. The CATV system shall be installed and maiqtain�d in �ceordance with the highest accepted standards ef the industry to the end that the subscribes may receive the most �iesirable fonn pf service. A. Minimum Requirements: 1. That the system is designed and rated for 24 Eaaur a day continuous � operation. 2. That the system wi11 and does produce � picture upon any subscrLber's television screen in black and white or color (provided the subscriber's tele- ✓�s�o:i set is ca�able of pro�ucin� s c�lored picturel that iS unxiisto:ted Ond free from gnost ima9es without mar.ar�al deqradation in qualaty within thc ( I� �� n SECTION 18 CONTINUF:D. ORD IMANCE N0. 522 , pAGE 21 IimStations imposed by the technical state of the art, and pravidinq the subscriber's teievision receiver is in good zepair and properly adjusted. 3. That the system transmits or distrihutes signals af ar3equate strength to produce good pictures with qood sound to alI telsvision receivers in qood repaiz of all subscribers without causinq objectionable cross- modulation in the cables or interfering with other electrical or electronic sgstems or the reception of other television or radio receivers in the area ' not connected to the system. 8. Interruption of Service. Whenever it is necessary to shut off or interrupt service for the purpose of making zepairs, ad�ustments or instaSlations, the company ghall do so during periods of minimum use of the system by subscribers. Unless such interruption is unforeseen and immediately necgssary, it shall qive reasonabie notice the�eof to its customers. All costs incurred in repairinq and correctinq zeception interference shall be borne by the co�pany. C. Business Office. The company shall maintain an oFfice in the City which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repaizs or ati7ustments mag be received at any time. n D. Upqrading of Standards. The company shall co{nply with any applicable FCC operational standards. The company sr�21 constantly upgrade its facilities, equipment, and service so that its system is as advanced as the c:arrrnt state of technc;oqy wxll allow. L'pori order from the City, the frar.chisee sha�I install additicnal =hann=_1 capacity whenever all o�erational channels are in constant use duting �ig}�ty (80} percent of the weekdays Cionday - Fr:day), for eiqhty (80) pe:ce-1 oE t'ie time durinq any three hour n?riod for si:. (6) eons�=.utive aeers. Failure of tli:: ccrtna�y to enlarya said capacity wlthin a zeasona�vYe time after the �',�j�y's order �4 en]a�go @a;� Gap�City shall be eonsidered breach of the franchise agzeement. 0 , .A,�. � � � .r � �� ROINANGE N4, 522 �� EECTION 19. TECHidICA;. STANDARDS. pAGE 22 �'he company sha11 install a CATV system in the C�ty oE Fridley meetir.9 the following technical standards, to he mo3ified by any technical standards ado�,ted by Yhe F'ederal Communications Commission, however, only to the extent that such Federal stendards are more stringent than these proposed by the City. A. Definitions. 1. Cable Television Channel. A frequency band 6MHz in width withzn which a standard television broadcast signal is delivered by cable to a sub- scriber tezminal. 2. Channel Frequency Response. Within a cable television channel, the relationship as measured at a subscrxber terminal between amplitude and fre- quency of a constant-amplitude input signal. 3. System No15e. That combination a£ uildesxred and fluctuating dis- tuzbances within a cable televisiun chans�el, exciu��me oi undesired signa2s of discrete frequency which deqrade the xepseac�ucCa.ara of the desared signal and which are due to thexmal effects and cvther noise efLe�Ys. 5ystem n6ise is Specifiad in terms of its zms 2eve1 ar its mean potirer as measured in a 4?4iz bandwidth centered with a 6 MFiz cable television cha�enel. 4. Subscriber Terminal. The Commuraity Anteeana Televisxor: System 73 ohms cable terci.nal to which a subscri2aer's equi�.ment is eannected. Separate tezrainals may be provided for deliver� of cabie teievisiarr signals, Fid broad- cast, or otner signals of differina classif±catao::s. S. Terminal Isolatlon. At any subs4ri�er termxaat, ttte attenaat�or. between tliat terminal and any other sa��.cri},ar terminal in te�at sys:em. 6• Visual Signal Level. The rms volta�e rzo3ueed by the visual siqnal ' dcring the trarsmission of synchronizing,nul�es. 7 CATY S�ste^r5ubscraber Chanr.�l Capacity. jp�� hlgrle5'� totat nu.-nber 0� cab�e taley,sivn channels on w�iich tolevisian signals fr��m separate sources Will be del.vered simultancously to every subsc,xihrr in the S9stcm. The system �_ � �- SECTION 19 CGNTINUED. ORDINANCE N0, .522 PAGE 23 may have additional channel capacity for specialized purposes, 6ut the tech- niaal performance specified shall not be degraded thereby. 8. P�rformance Tests a�d Certification. 1. The operator of the Community Antenna Television System shall be responsible for insuring that the system is desiqned, installed, and operated in d manner which fully complies with the provisions taf these technical specifications. The system operator shall be prepared to show, at any time, � upon reasonable request by an authorized representative of the City, that the system does, in fact, comply with these c�iteria. , 2. The operator of the CATV system shall file with the City a statement of the CATV system channel capacity, listing the cable televis?on channels which that system delivers to its subscriberS, and the station or stations rhose signals are delivered on each channel under noamal operating conditions. When cable television channels are deleted or added,, the City and all�sub- ' acribers shall be notified in writing 30 days prior to the date of such change. 3. The operator of the CATV system shall cond�ct complete performar.ce tests of that system at least once each calendar year (at intervals not to exceed 14 months) and shall file �uith the City a certificate detailing the ;esults of suct� tests. The performance tests wi:l be directed at deter•nininy the extent to which the system complies :�ith a11 technical standards set forth xn thas section of this ordinanca, an� shall be cur�ducted in the presence of a technical reprzsentative appoi-ted by :ho City. The tests shall b° made on each cable television channel in th� system, and shall include measurem=nts made at least 4 trun}. cxtrem.ties an� 8 taps selected at random, with 150 fe_t of typical dron caLle attached for t^St. Thls drop cablc shall be the saT�n type of drop cable usecl in �he typ�cal resid¢n�ia1 �ra�� on� af which is renresentative oP terminals mxt distant from the system in,sst in tenr�s of r cable distance. A sLatement of Lhe qualifi-atior+s cf t�;e p^rs�n perfemi:�y t'i� test shall be includc3. 0 C� ! : . �' �" . SECTI4N 19 CONTINUED. ORDINANCE N0. 522 �.. � �, E? pAGE 24 4. After reviewinq the certificates of compliance required in paragraph (3) the Caty may reguire that certain additional measurements Se made, or that Gla=ifying explanation he supplied, as necessazy ta correct defective certifi- Cdt65. C. Technical StandardS. The following requirements apply to the Community Antenna Television System pesfo=cnance as measured at any equivalent subscribes teiminal with a matched teYminatian and to each of the c�ble television channeZs in which siqnals picked otF-air are delivered to such terminals. Such measuremente shall not include the �eceiver conveiter if such is required at the customer's receiver for any of the channels oF required carriage. 1. The frequency boundaries of cable televisian ehannels delivered to eubscriber terminals shall conform to those set fart3� in FCC�E2ules, Section 73.603(a). All lxal channels shall be caXr3�d on the system �'J/ ' on channel. The system and customer's terminals sha21 bc sur,h that no visihle "on-channel carriaqe qhast" is present at any antenna ds�p. Y€ the system is designed without recekver'conveztexs, a detax'_e3 descrxption shall be submitted indicating how this poltential Qrphlem is tc� be ePi:niceated. 2. The frequcncy of the visual carriers shxll be maintasrsed T.25 MFix ± 25 1Cflz above the lowes kwundary of the cab2e tel�visza� clxanneY, �np to the r�ceiving terminals, e:cclusGVe oa any rece�ver atta�:hmer�tg, such as channel converters, except for flie loca2 VHF channels whsch shall be carried synch- Tonausly. 3. The frequency of the aural carrier shaZl he 4.5 MNz ± 1 iCliz above the freouency of the visual cerrior, �xeegt whera r�oµoctivome sigr.al oyiqi- qation oc;cur� wichLn t}�K s��teia, undg: Wi:icn con�'itiens, tltie tolexanc@ sF�a17 I_ viliV SECTlOt1 29 CONTZxUE�. ORDINANCE N0. �2 PAUi 2S , be ± 5 KHz. All color local origirw�ion channels s�all have auzal-vlsual aeparation * 1 KHz from 4.5 MHz. 4. The visual siqnal level on each channel shalY be maintaine3 w:thin the following limits over the entire ambient temperature range of {1�°F. to -° +106�F.: ' ia) -3 to +12 decibels of its miniatum value, and (b)` 3 decibels of the visual aignal level on either ad}acen� cable television channel, excep[ that G decibel variatxcn '� � will be allowed on ad�acent channels nunbered 6 and 7, and (c) 10 decibels of the visual signal level an any ether cable television channel, and (d) from the stated minimum tap 1eve1 0£ +6 dBmV. ti, 5. The rms voltaqe of the auzal signa� shall be maintained between 13 ,• and l� decibels below the associated visual siqnal level, �' 6. The peak-to-peak variation in visual siqnal level caused by � undesized low fzequency disturbances (hum oz repetLtive transientsl genetate.', within the system shall not exceed -4� d8 of the vlsuzl siynal leve2. 7. The channel frequency response shall be witnin a range of ± 1.0 decibels for all frequencies withLn -0.5 MHZ and +4 MHz af the visual earried frequency, including head-end equipm2ryt and zecei�+ez drop. ' $, The ratio of visual R.F. sagnal level to system no_s_ (*_his noLSe an3 distortion shall be the "norst case" te�uerati,re �i_�ateL eiqr:.l-to- noxse and sp�riqus signal levcl. :he s;sten op.:rztor :.h�13 rraFare d=L3:ir,g charts to show complxance with these "•�orst'eas@" 3ata frer t:.e data taken at txme of ineascrements) shall not bc less than 42 �=cit^ls `or a 4`tyz � bdad��.dth. This requirer.ent is a�.plicitla o:ly to: ' (�) e�ch si4nal whlch 1s carried t: a cab:e S�BI�v�s�on systc•� setving subscxibezs within the Grade ¢ co�xtour for that siqiial,�ur G e- ^ � �s �+ �l l � ' SECTION 19 CONTIhUED. ORDINANCE N0, '�22 • pRC,e 26 • ' (b) each sigaal which is first picked up within its Grade 8 oontour, (c) any local oriqination channel. 9. The ratio of visual signal level to the rms amplitude of all eonerent disturbances, such as inter-modulation products, co-channel tele- vision siqnals, or discrete-fzequency interfering siqnals, shall not be less thars -54 deGibels £or carriaqe of all signals picked up within Grade A etxitour (distribution system atandard). �e rat�o of visual sistnal level to �ross-modulation distortions shall be no less than 51 decibels. (system eroae-modulation measuremente shall be made u�ing eynchronous moduiation ' per NCTA specification for euch.) 10. The terminal isolation pzovided eae�i subscribes shall not be less than 30 decibels, except that the isofation betweere separate televasion and PM broadcast terminals for the same subsczi�s s�t�1Y not be les� than 15 decibels. - 11. Radiatian from a Conmaeinifcy Antea,na Televisian S�rstem shall be li,mited as follaws: ' RadiaCion 6istance � Frequencies . Limit ' • tuVfm) (feet) � • Up to and includinq 54 MHz Over 54 up to and including 216 rtKz Over 216 MHz 15 p0 i5 Z00 10 100 12. All echos origanating within the s�stem shall meet the non- Visibility criteria develope3 by P. Mertz oE;the Bell Telephone Company, 1.5.� shall not be greater than -36 d8 for e�hos disoersed moce than 2 t�icro- seconds. Fer shorker-term dispersed echos, rre s�st.n (inc.cading hea3-snd teXminal) 5ha17, follow the "Fiertz Curve", �ne=9inq to a"K" puZse defoz:aation aoG ¢xc�edipg 9► of the total system. This iatke� p!4�5y1xement shall not � ,, � 0 � 0 SECTION 19 CoNTIL]UE�. ORDINANCE N0, 522 " pd4GE 27 include the "K" response of the test modulator and demodu2ator (if used), l.e., shall be "system" "K" response. 2 T pulse cr equivalent measurement techniques shall be used for these measurements. All unused subscriber tap ports will Le terminated at all times duzinq system operation. 13. The total net chrominance/luminance delay accumulated by the aystem and head-end equipment shall not exceed � 100 nanoseconds, as memsure3 with 20 T pulse deformation tests. This measurement is to be made with external traps and band pass filters zemoved. This measurement is to be repeated with band pass filters and traps added, and new data taken. No coeapliAnce criteria are established for the latter, merely that the data be taken. Where measurements involve a channel with baaeband video siqnal aource, the measurements of the system shall be made with a demodulator following the equivalent reciprocal FCC transmission standards. 20 T pulse teSts will be used to determine compliance with this section, or equivalent techniques with envelope delay measuremen� equ%ent. D. Alternate approach. If the system operator desxres to distribute s:gnals by using multiple � � eable techniques or specialized receiving devices, which, because of the basic design, �Annot comply with one or more of the technicai standards set forth in paraqraph � (e) (11) of this section, he may be peznitted to operate with such equipment r ptovided tiiat an adequate showinq is made miiicn esta�l�siies that the subscribers are pr��vided an equivalent qualijy of service. T-he City expects full technical proof of eniuvale�t performance before it can judge whether such- an alternate approach would b^_ accep�able. E, Measorements. 1� ilEasurEp�:nts nacle Go demonstrate r.utrformity FLth tbe��r`.orr,an.:� requlromer,ts set fprth j,R these techq�cal standazds shall �e made under � ..�,T�. ...,..... � L_ J � � 1 �a ,� ti , 9 �Ct'IBN Y9 corrrixc�D. ORD INANCE N0, �Z22 PAGE 28 ,conditions which ref2ect system performance during noxmal operations, in- cluding the effect of any present oz future microwave zelay operated in the Com�nunity Antenna Relay Service {�ARg) interveninq between pickup antenna and the cable distribution network and including the effects of any microwave local distribution service uhich may he a part of the distribution aystem. Special signals inserted in a cable televisi.on channel for measurement purposes should be operated at levels agproximatin� those used for normal operatioa. Pilot tones, auxiliary signals, and non-television siqnals normally carried on the cable televi;ion aystem should be operated at nozmal levels. ' 2. When it may be necessary tn zemave tki� tel�vision signal normally carried on a cable television channel an arder to fac.iixtate a perfarneance measurement, it will be permi,ssible ta disconnect tSre antenna +�hzch s�rves tha channel under measuremen� and to stil,stitute therefare a matChinq resistance termination. Other inputs sho�ld be conrtected to ffiaintain the equivalent to, or special test signals an other chanesels to ascertairc system performance. 3. As may be necessary to ensure satisfactary servi�.e ta a sutascri�er, the City may require additianal tests to demonstrate systen p•�rfocmance ar may s�ecify the use of different test grocedures. 4. The freauency response to a cabTe teievasiorr c'r!annel may be deter- mined �.y one of the follawing methods, as a�Fxopriate: (a) by using a sw�ept frequency or a manG�lly variabPe siqnal generacoY at thF serd�r�y ��d and a caiihzated aCtenua`.or �nd _`reqNCnCy- belectxve yolt-�ne�er at the s�.bscr�t�c t�zminal, or �k '.% �"�.�' u � S£CTION 19 CON1'INUED. ORD INANCE N0, 522 PAGE 24 (b) by using a multi-burst generator and modulator at the sending -rr-r � „� �, � _ end and a demodulator and oscilloscope displa� at the subscriber �e=.m_:. 5. System noise may be measured ustng a frequency-selective volt- meter (field strength meter which has been suitably calil�rated to i�dicate rms noise or average power level and which has a known bandwi3th). with the system operatinq at normal levels an3 with a properly matched resistive termination substituted for the antenna, noise power indica:io�s at the sub- scriher terminal are taken ia successive inczeinents of frequency equal to the bandwidth of the frequency-selective volt-meter, sw�miinq the powet indi- eations to obtain the total nois� power presenc cvar a 4 MHz band cent�red with the cable television channel 4mr equivalent noise summation tecllnique). If an amplifzer is anserted between t�xe frequency-selective volt-meter and the � euAscriber terminal in ordez to faciliLate this neasurement, it should be a� bandwidth of at least 4 MHZ and appropriate corrections must be made to 4ccount for its gain. 6. The amplitude o£ discrete frequency 'saterfering signals rtrthin ii'eabie television channel may be ctetermined with either a spectrwn analyzer .or with a frequency-selective voTt-met�r (field strength meter}, or other •uitable instruments, which instrumer�ts have been calibzate;] for adequate 8ccuracy. The field intensity meter may iae equipged with exterr.al frequency selective volt-neters to measure crass-modulat:on conponents. If calib- ration accuracy is in doubt, measurements may be referenced to a ca'_iLrate3 signal qenerator, or a calibrated variable att�:,�ator, subst_tuted at the point of ineasurement. If an amplifier is used bet.een th� subscriber terulinal a�3 t��e r�:asuri�a �nstrur�ent� �pt5ro�.��dte «rrecTions rn�st be.r�ade to accou�t tor its gain. Measiirc�enta Shall exclud_ thus¢ cor.tar�ir.ants k�own' to be occasioned hy propagaCion arq�no,��$ or those pre��nt o�3 reGcivin, A � . �T � .&SCTIQN 19 C�NTINUED. ORDINANCE N0. 522 0 antenna, where excepted by paragraph C 8-(a) (by (c) (dy ��Y PAGE $0 System con- tamina.t measurements may be made with processinq eqLipment inputs dis- Coru�ected and terminated in a suitable terninatlon resistor. 7. The terminal isolation between any two terminals in the system , may be measured by applyinq a siqnal oE known amplitude to one and measuring 4he amplitude of that siqna� at the other terminal. The frequency of the �iqnal should be close to the mid-frequency of the channel being tested. This 1Gxs� is to be performed with 150 foot drop lead (equivalent network if desiied) connected to each output spiyot of the customer tap port_ 8. Measurements to detezmine the field str=-�*_h cP radio freguency 0nezgy radiated by Community Antenna Telev;sion Systems shall be mad= in dccoYdance with standard enginnering procedures. MPasurements made on frequencies above 25 MHz shall include i:he f�alJavinc�: (a) A field strength n�eter of adecgua�e accuracy,uszng a horizontal dipole antenna shall be employed. (b) Field strength shall be expressed 'an terms of [he rms value of h synchronizinq peak for each cable televis�.on c}tannel for vhxch radiation can be measured. (c) The dipole antenna sk�all he pYaced 10 feeC �ova t:,e qround and posltioned directly belo•,� t�ie system comF,aner.ts. �'��ie such place- ment results in a separatior. nf less than 7q feu: betarecn th� center of thc diF:ole ar,tenna and the system compcnenks, the dirole s:�all be repositioned to provide a scparation of _^ _`eet. (d) 1'he horizontal diE,ole antenna sha12 �e rotate3 a6or-e a vertical axis _�3 the m-��ir,�m :net�r zeac'.iny shatl �e.rySfi�. {e) Measurements sha11 6e•ma3e w:�ere other condu�crs -3re 10 or more feet away from the moasyring ,gt�t��r��, ��`� 'SECTYON 19 CaNTINUED. ORDINANCE N0, � pnce 31 Unless otherwise stated, methals of m��asuring the above sta�dards, wl:ere necessary, will be established by the City Council. F. System Channel Carriage Capability. The company snall provide system channel carriage capability of not less than 27 television ehannels to each subscriber termina� at commence�nent of ' initia2 service.� An optional conversion device will be provided Ce subscribers � enabling the system to deliver all channels to each subscriber at commencement of initial service. The City Council may periodically review tt�e channel capacity and � zequixe the company to increase said capacity after �t has made fir.dings at a public hearinq th�t technology permits expansion and there is a public demand for ar, increased nw�ber of channels. _ , ' � G. Reverse Signal Capability (Duplex System}, The company� shall provide in ariginal construction a 3uplex system cor.sis a ng of a dual cable capable of reverse direction signals from each and all drops S�ch1 edrriage capa6i2ity shall be equal to one 4 KHz channel capacity_ H. Maintenan�e. - The company sha11 retaLn a sufFicient number of technicaily ooalified personnel to ma�ntain the system at the ouality specifie3. Ssfficier.t help shall also be either on duty or on call during al] hours of each 1ay to maintain service at a�1 timcs. n 0 N ' � � � ORDINANCE N0. 522 SECTION 20. INTERCONNECTION � (� `� t �t�:,�i. 32 �'h0 company sha11 interconnec[ its broadband tele-�r�imunica[ions network with all other broadband tele-communLCations networks �,ervi�g those municipa:i- ties that ad�uin the ci[y. Such intercunnections shalLbe by m Ule which shall interconnect all channels of the broadoand telc-�ammunications netuork, and will�rovide For twu way capabLlitiey Such Lnter;,nnnections shall oe made vith- in 60 days of a request made by the City. For Qood cause shown, [he companv mav reQUest and the Citv may Arant reasonable ex.tensinns of time to c��mplv with the recuirements. ynterconnections bv the comnanv of its broaaband tele-cem�unications network with other broadband tele-communication networks ]a�ted in the 7 coen[�+ Tw�^ f�tv me[ropolitan area, but not in municipalitLes that ad �an the City, shail be required, sub�ect to the City obtaintng inr.eaconnec�zasa agreernents wLth che approprLate muntctpal go�ernment, school baard, SoinL Qr�caers governing unat, or other duly constituted governmental ixnxs Suc�n in2ercaanectxon sha11 b� made withxn 120 days of notification by the Ciky tEaat such an agreement has 6een reeched. Technical standards establkshed fos in[erconnectian of ad�oaexing networks ehall also prevail in this case. No additional charges shail accrue to au6scriYaers or users o� the govern�ental, education, or pu6lic access channel b�cause cvfr an�; type a£ Lnterconnect�.on. SECTION 21. INSTALLATION CONTRACT. The cempany sha11 receive Councit apgroval af the foxm of the xnstallation contracC to be used by the company in ir�s dealings wxt�s su6scrtbers prior to en[ering Ln[o �ny s�ch lnstallation eontracts, and the company shall make no changes in the form of installation contract without prior approval of [he City Coun�il by Ta5014C10R duly adopted. -il y ��_ '✓ L _ ORDINANCE N0. 522 SECTION 72 RATES. Sates charged by the company for mon[hly seraice hereunder sha!1 be PAGF. 33 LaiT and reasonable and designed to meet all necessary coscs of service, including � 4 fair ra[e of retucn on [he originai cos[, less depreciatior., of the proper[ies devoted to such 5ervice (without regard to any su6sequent sale or trans_`er price or cos[ of such properties). Maximum ra[es shal? be sec for the operatio.i and main[enance of a C�1TV Sys[em as fair and reas�nable under exisLing condi[ions in 4i �- �COnnection with [he rights granCed he[eLn, and said [aCes be approved 6y the Council. A. Installation 1. Single Family Dwelling� M�Ltiple Family Dwel�,r�, Commercial, Mobile Hov�es. Ftrs[ Connection - Nat co exceed $7,50 one time fe=, ti Second Connection - Gzatis if i.o�talled a[•tim¢ off fitst installation. Add![ional Connectians - Time and materisl cost of the compaay in ma?cing t6e lnstallation(s), however, nat tv exceed $7,50 per installation. � 2. The company hereby agreea ta waive ali connec[ion charges for Single Family Dwellings, rfultiple ramily Dwellings, Commeccia2 Es¢a6lishments and Mobile Home Pdrks if the connection is perfarmed dur�ng [he tni�ial construc[ion of [he •CATV system w�[hin the �ity, 3. In addition the regular conneetion fee may be waived or reduced during c�Ftain sales compalgns the company ma}' wish :o conduct during the year. 4. Schools, Libraries, City Offices and Other Puolic Ruildings. There shall be no cE�arge for instaLlation in ea�h school buil3ing, librarp, Ci[y a#fice, or other public buildi:.g in [he CLty, �xcept when said � installation per building exceed one (1), in c.hic❑ Ease the chdrge shall be a[ cost (not to exceed $7.50 per connec[ion). . � S£CTIO"7 22 CONTINUED OR�INANCE N0. 5zz 1 '�? � PAGE 34 S, Manthlv Service Charge � � E. Sfngle Family Dwelling. First Outlet - Not to exceed $5.50. Each additional Outlet - Not to exceed $1.00 2. Multiple-Family Dwellings. First Outle[ - Not to exceed $5.50 • Each additional ou[let - Not to exceed $1.00 (Loca[ed in the same nousii unii � Discount* 5- 19 Units - Not [o exceed $4.75 each , 20 - 59 UnLts - Not eo exceed $3.50 each 60 - L00 Units - Nflk to exceed $2.25 each . Over - 100 Units -:vuc to exceed $1.25 each �- * Mul[iple Unit discount ra[es ase applicable when one billing ie made to the owner of 5 or more inafieYdual dwellirg units in the same building. When it is req�zired Lhat tkwe tenants be bilied individually, the singie unit raEe wiSt ap�e%y. 3. Commercial. 1- G lisnits - Nat t¢� exceed $5�,50 eac6e 5- 1� 19aits - Pt�ra [8 exceed $4 75 eae�a 20 - 59 Units - 4ot tta excced y].Sm eaeEr 60 - 14Q I,nits - :dorc to exceed $2.25 eaeft " Over - 1Q0 Cmxts - t2aC Co exceed $! 25 eaen * Mul[iple Unit discount rxtes are ap�licabie vh.:n. occe 6iiling is made for S or more ictdi�iduai upits tn chc sam,e c7�mercial establishmen[. O[heac�iise, t:�e s=zgle unic aate� wilf app]y. 4. Mo6ile Hn��es. Ficst outlet - Not to exeeed $5.St3 Each additional outlet -,�nt tc ;xceed $1.00 (Lccated in Che sa�n° untt� plui[�ple Unit Discount '_ � 5- 19 Uni[s - }!02' �a exceed 4 75 each 20 - 59 Un(cs - N�C to exceed 3,5a eact� � . 60 - l00 Lnits � tsot �o exceed $a,25 eaeh O�er * 100 Un1ts NoC to e�ceed �L.25 each �,�� 3E��IOF 22 CONTINUk;D ORDINANCE N0. � pA� JS * MulCiple Ifnit discount rates ate applicable when one billing is made , Co Che owner af 5 or more individual dwelling units in the same complex. When 3[ is required that Che tenants be bllled individually, the single unit rates �ill apply. 5. Schools, Llbraries, City Offices, and Other Pub11c Bui�dings. �� Fot each installation provided [o a sehool building, li6rary, City office or other publtc building in the City� there shall not be a mon[hly service chacge. This applies without regard to the numher of installations. 6. Senior Citizen Rate; Upon application the mon[hly gervicr charge for subscribers, 65 years of age nr older� shall be redueed by 25'� of thq regular month�y rate charged other subscribers. In osder to he elig$ble for this teduced rate, the ' owner of the home, or if owned in joint [enancyi one of Che owners of the � i home must have attained the age of 65 yeass, When persoas are renting propetty, at least one of the tepants zeapmnsihle fos paying the rent shall have attained the age of 65 years Co qnallfy for tE�e Seaior citizen rate, The cpmbined ear�ed and unearned income of the person or persons living in the ho�.�sehold (rented or owned} shalp not exceed $S,A00 per year in order to qualify for the senfor citizen tate. Proo€ of age and income satis- factory tn [he company shall be required prior to receiving [he senior citizen rato for monthly cable service. n 0 ' � � � { $�GTYON 22 CONTINUIED , ' � ORDINANCE N0, � C. Diacon,p nection There shall be no charge for disconnectlon from the CATV System. D, �anrte in Rat'a 1 � "� ,� PAGE 3b There ahall be no increase in inatalla[ion and monthly service charges for liv� (5) yeaYS after commencement of initial service. Any subsequent rate increase 1n addition to other factors described in this Oeetion ahall take into consideration the coneumer �rice index for the Minneapolis- $t. Paul area compiled by the U. S. Department of La6or, Bureau of Labor Statistics a¢+d may be aupported by additional c�s[s for �ncreased services or additional aervicee. The company shall 6e obligated! ta pay t&�e casts necessary for deter- ml.tting an appropriate rate insrease £ncEudgngb if necessary�, any costs that may 6e sequired for the hiring of rate experts Che City mag hire. In additfon, for the purpose of detesmining i� the ratea sre reasonable, the books of the company ahall be aapen Co i�sspect�on by the Council or i[s agen[s at sll reagonable times. If the company requests a change in rates, it shall qresent in detail in writing t6�e statiseical �asLB, fn addition to other require- mertts us set out in this section, for xhe propased rmte change at Least sixty (60) days prior to Lhe proposed effectfve date of such rates. � �n � �a � �J U ORDINANCE N0, 522 Fn�E 37 Before any increased rates or prices to be charged by the company are approved by t:ie Council, the Council shall hold a public hearing on [he matter. A notice of such hearing shall be published at lea>t once in th� official newspaper not less than ten (LO) days prioz to the da[e o€ the hearing, At the hearing [he Council may take such steps as it deems necessary to obtain other available informaticn and data before granting or denying approval of the company's request for a rate change. E. Cablecasting Rates For pll Educational, Librar1, Governcnental and Non- grofit Community Orttanizatbon �sers. , � . The Company's cahlecasting productioa coats, cablecasting rates, signal �eading rates, and all subscriber fess ahall be aubject to the approval of the City. However, the company will be obliged to provide tha free use of a cable channel or ehannels for all educational, library, governmen[al . and non-profit communi[y asgania�¢ion users. The cwapany may charge an .— amoun[ not to exceed its actual psaduct€on costs for the use of the ' eompany's personne2, studio an� psoduction eqaipoent•, F. Rates For Use of Public llccess Channel. The Comoany shall nrovide the fisst five minutes of time for tele- cast on the public access .chsnnel without ehe�ree [o the �ser. For additional use of said oublic access channe� Che Gom�ny may charge an amount not to exceed its actus4 productioa costs'fer the nse nf the Company's personnel, studia and osoduction equiwuent, 3SCTION 23. PERMITS. INSTALLATiON AND SERVICE. A. Within sixty (60) days after acceptance of any franchise, the company shatl make applica[ion Co obtain all necessary permits and authorizations which are required in the tonduct of its business, including, but not limited to, anj u[ility joint use +ttachment agreements, microwave carr[er licenses, and any othec �ermits, lfcenses � , t �� i � �� ' SECTIOY 23 CONTINUED 0 ORDINANCE N0. � �� PAGE 38 authorizatLOns to be granted by duly cons[i[uted regulatory agencies having �urxsdiction oVer Che operation of CATV systems, or their associated microwave [ransmission facili- ties. If all necessary permits and authorizations have not been Lssued within a period of one hundred eighty (180) days after application, [he City may terminate the franchise. B. Within ninety (90) days after obtainiag all necessary pe:mi[s, licenses and iuthoiizations, company sna�l �gcnmenGe �onstruction and installation of the CATV system. � . � C. Wichin one hundred eighty (18Q) days after the commeneemeat of conscruc[ion mnd installation of the systep�, company ahall proceed to rendes secvice to subscribers, and the completion of the construction and installation sha11 Cae pursued with reasonable diligence thereaf[er, so that service to all arear� designaked on tfi�e map accompanying the application for franchise, as psovided �n Sec�iatt� 23 lnereofr, shall be extended to at least 20% of the City each year und �0 6e cvmpiated within £ive (Sj years. � -- --- -------� D. Failure on the part of the epmpany tcs comnRenc� a�xd diiige�etty pursue each of the foregoing requirements and to compfle[e each af [he matteas set fotth herein, �hall be grounds for termination of such fr��chiseR crcvder and pursuan[ [a the terms " of Smctlon 5 hereof; provfded, however, that the Cnu�cil ize ft� dzscretiorR may extend the tlme for the commencement and completSon of canstee�ctiocr aad iczstalia[ion for additional periods in Che event tlse company, acting in good Ear�h, experiences delays by reason of circumstanees beyond their canCral. SECTION 24. EXTENT OF SERVICE (CITY WIDE�. A. Tha services provided by the company under chas franchi,e shall be made available by it to all areas aithin the corporate limiES of the Citp. �_7C� . ORDINANCE N0. 522 SECTION 25. ADDITIONAL SERVICES, PAGE 34 � A. The company shall subm3t'a plan subject to Che approval of the City`; i�`�� ' Che proposed number of channels which will be devoted to network affiliated television 9tations, non-network independent [elevision stations, including educa[ional tele- Vision �tations, and channels to be devoted to locally originating programs: Such plans shall also con[ain the following: 1, An estimate of the totai+number of broadcast hours pec week per ' Channel which the comnany proposes to devote to local prooramming. Z• The types of local pro�ram; it propeses [o ori,gine[r, 7. A proviso thaC the �pmpany sha11 submit to [he City each year a propdsed ptogr9mming schedule for locaiSy pgiglnated channel{s}. ' 4. A description of proposed advertfsing program. S. A statement of the use ared availability of channels and facilities by loca� political candida[es. � 6. Plan for providing a duplex eystem and F'M muLCiplex stereo and music nhannels. B. Studio Facilities. The company shall submit ita plan fos a color studio to be constructed vithin Che City. This plan sha11 inciude items auch as studi,o size, tppe of faollities, hours and time it will he opexated, and estimated construction time. 3aid plan shall be subject to the approval of [he City. The company will execute a perfocmance hond to insure completion in accordance with its plan. C. Services to be provided by the company; 1. The company will dedicate 207, of all channels, at no cost, for use in fu1f111in�; public functions within [he municipality;such as,fire safety oervices, police saEety services, educational services, lib.ary services � � SECTION 25 CONTINUED ORDINANCE N0. 5z? and other community or cul[ural secvices �� PAGE 40 207. of all additfonal channels � thet may be added [o the system shaIl be dedicated [o the above described purposes. � 2. Each subscriber's have sha11 have the cagability of receiving [hese public services. The company will es[ablish WiCh [he School Districts vithin the City of Fridley, a means of both intec-achool and sckool-su6scrtber eLgnal coveragc for school Pacilities wlthin the Cfty of Fridley. 3. The right oL first refusal on leased channel availabLlity sha11 be accorded to [he City. This should he construed Cu apply to any oEfering of leased ehannel space over and above the stated Ywenty (20) percent of channels dedicaLCd f�r public use. ��CTION 26. PREFERENTIAL OR DISCRZMINAT4RY PFL4CTLCBS FR04€E9ITED A• The company sha11 not refuse cable teleuisinn sexvic� to any person or organiza- � M; Cioa r�ho requests such sezvice fot a iswfaal �ur�Zase, cr�r s�eaYL the company refuse any - p2rson or organization the right t�o eab�ecaat g�rs�an[ to gsovisfons of 22E and 25C � of thi9 ordinance. The company shall not, as to sate�, charges, service facilities, sules� regulations or in any other respect maice or grant amy preference oc advantage to aay person, nor aubject any person ta any prejudiee ar cifsadvantage. B, Non-discrimination in emplovment. Equal opvorrunfltv in emplovmen[ shall 6e � afforded by the Company to aIl aualified versons and no persan shall be discriminated a$ainst in emQloyment because of tace, calor, aeligian, sex oz national origin. The Comp3ny shall comply with all State and. FederaP, tavas �nd rertulations vertainin¢ to eaual oovortunitv in employment,. , �'"� � 0 ORDINANCE N0. 52? �ECTZON 27 MISCELLANEOOS PROVISIONS. PAGE 41 A. IJpon consideration af an application for a cable television franchise [he ' City Council may grant such application [o such applican[ ss mag appear from said applieation to be in its opinion best qualified to render proper and efficient •erviee to television viewers and subscribers in the City. B. When not otherwise prescribed herein, a11 matters herefn required to be filed with the Ci[y shall be 8iled with the Ci[y Cletk. C. The company shall pay to the City a sum of money sufficient to reimburse it !or all publicakion expenses incurred by it in connection with the granting of a fsaRChise pursuant to the provisions of this ordinance. Such paymen[ shall be made WiLhin thirty (30) days after the City fuznishes the company with a written siate- mont of such expenses by delivery of same to [he City Finance Director. D. The company shall operate a mainten2nce facility c.ithin the C�ty 'limits of the City of Fridley so that CATV maintenance ser�ice shall be promptly available At ao additional cost to substribers. E. No person, firm or corporation in [he existing service acea of the company ehall be arbitrarily refused service; provided, however, Cha[ the company sha11 not be required to provide service to any subscrfber who docs no[ pay the apnlicable ��g�neCtiun fee or mon.hl,v service ch3r3c. j F. Before providing antenna service to any aubscriber, the company shall notify subscribers in writing thaC the company is making use of the puhlic right of way 1n Fridley to provLde Cable Television service; that use of such righ[s of vay is in no way guaranteed; that in the event continued use of such rights of vap are denied for any reasons, the company Will ewke every reasonable effort to provide service over alternate routes and tha[ the City of Fridley, its •� officere and its employees are not responsible in any way for any in[erruptions ' �ae discontinuance of service. � � � SECTION 27 CONTINUEp ORDINANCE N0. 522 �'i 3 PAGE 42 G. The eompany shall render efficient service, make repairs promptly, and Q�tsrrupt service only for good cause and for the shortest time possible. Such fnt�rruptions, insofar ae possible, shall be preceded by notice and shall occur during periods of minimum use of the system. H. In the case vf any emergency or disaster, the company shall, upon request -' of the City Council, make available its facilities to the City far emergency use i�� during the emergency or disaster periad. I. Copies of a11 pe[itions, applications anei communications submitted by the company to the Federal Commun�cations Commission, Securities an� Exchange Commission, or any other federal or state regulatory commission or agency having �urisdiction in respect to any mattexs affecLing CATV operatians authorized pursuant L�o this franch�se, shall also be submzt[ed simui�*.aneoasl,y to Che�City CounciL. J. Upon request of the properCy mw�nes•, th� eompany shall reRKove and dispose of the roof top antenr.a at thc time aff ttae serv�ce ina[alia�fan and at the cost and expenses of the company, provided that C�a�e s�bscrfiber shapl sfgn � release haYding the City of Fridley and the companp kcasrnYess an� withaue IiaBiB.it}r af sny na�ture if remuval is requested. SE�fION 28. CAELE TELEVISION COMMISSION Theee is hereby established, to serve as an adwfsory ca�tttee to ttse City Council, a committee ta he known as the Cable Television Cemmis�ian. The ea�..�assion shall be composed of five members who shai3 represent a 6road range ot inCecests and disciplines related to the teleeo�unirat�on needs oi the City. P2anl�ers of the Cocm+tiss�on shall be app�inted es follaws. One iur a tecr� �� one }ear, twa EQ: a term of tao yeare, two for a term of three years and thereaf[er ciceir successrsrs slia2l be nppointed for a term of three years. Gammtssian merobess ta �v� ap�a=nced iry majarity of Council. The Commission shall advise and asslst the City Counei2 upon ali makters affec[ing the GdTV system withiu [he City. In addxtion the Coaanission shall perform auch specific functions and make specific reeommecedacions as may, from time to £ime, be requested by the City Council or the City Manager. The Coeimission may adopt a budget, rules and regulations and by-laws as it i.nds neceys.:�-y i-i td�r co yr��•=r:� p�rform it- f�nction ar.d duttes. Such budgat, raias and reg_la[�u ,�:d by-laus st�a11 be aubmitted,to the City Council tor approval before Chey shall be effective. � � L� c . SECTION 28 CONTINUED ORDINANCE N0. �22 advisin¢ the PAGE 43 Comm.ission on: uroeress made in inscailatLOn oE the svstem: utili:.ation oi channels SECTION 29. REDRESS . In case of the failure of the company to parform and carry out any of the provisions of this franchise in any particular} the City Council may, after hearing, determine such failure, and, after vritten notice has been given [he company of such determination, tne company shall }�ave ninety (90) days time in which to remedy the failurea. Upon the expiration of the ninety (90) day peziod and failure to correct such failures, the City Council may take such steps as it deems necessary to repeal [his ordinance; provided, thaC before the franchise may be terminated and cancelled, the company shall be provided with an opport¢nity ta be heard before the Council. 6ECxI0N 30. TERMINATIQN MD REIMBURSEMENT ^ A• PROCEDURE UPON TERMINATION ' Upop Che expiration, termfnation crs zevoca[ion af [his franchise, the company � �hall enter upon [he puhlic wags and public places af the City for the puxpose of rimoving therefzort� all of its plaats, structures an� equipment and sha11 promp[ly remove all of its facilitfes and equipment irom the premises of all subscribers at�a time convenien[ to both the eompany aod the subscribez, but ooly after the Citp haa had ample time and opportunity to renew this franchise or to purchase, eondemn or seCUre another franchise. In�so removing such plants, structures and mquipQent, the company shall refill, at i[s own expense, any excavation [hat shall bs eade by it and'shall leave such public ways and places in as good condi�ion �s that prevailing prior to [he compaay'y Temoval of its equipment and appliances vithout a�fec[ing, altering or dis[urbing in any 4ay the electric distr�6ution os telophone cabLes, vires or attachments on any poles The City EngLneer or h�s � � S�CTION 30 CONTINUED ORDINANCE N0, 52? �� PAGE 44 mppaintee shall inspect and approve the condition of such public ways and public gaEaces and cables, wires, attachments and poles after removal. Zn the event of d�spute of the City Engineer's opinion, the company or any o[her person may reques: . a public hearing before [he Council. Liabili[y insurance and indemni[y provided in $ection 17 hereof and the security fund provided in Section ) k:ereof shall Y� � � contlnue in full force and effec[ during the entire period of removal. � d, RtOCE0IIRL UPON R&IMBLRiSFMENT 4f this franchise is cancelled, or not renewed, for any reason other than the �omoeny's failure to comDlv vith [he terms and conditions of this ordinance and ether avvliceble local, state and federal la�s anc9 re�ulations, tha[ part of the ��tem located in the City shall, at khe aption rsi the City, becoc�e [he property pf the City at a cost not to excee� its then boak vadeye„(i.e. eost less acaumulated dtpreciation) sccording t0 $9ner$��r }��gpted ac�ea:�nci�g pranciples. Sucta book ealue if not agreed upon shall he deeer�ined by szbitrat�on pursuent ta Section 11 F. of this ordinance. Either party aesy dernand arbitsation ta determine book va]ue. �iook value shall not include any valuation 6s�e� ��son �his franchise. SEGTIQN 31. VIOLATIONS, A. From and efter the effective date af the ordinartce� it siaall be unlawful for any person to estabiish, operate or ta carry are the 6usiness aF distributing to any persons in this City any teiavision signais ar radia sj.�nals by means oE a CATV system unless a franchise therefar has E£rsc �aeen �6taic€ed pucsuan[ to [he provisions of this ordinance, and uniess such fsanchise is��n full force and effect. g, Fram and after [he effective date o£ this ordinaace, it shall be unlawful fos any person to construct, install or maintain within any public street fn the City, or t+ithin any other public property of the City, or within �ay privately � � .i� � i�,J � � c 0 � ; SECTICN 31 CQ�ITINUED ORDINANCE N0. 52? PAGE 45 ovned area wi[hin the Cicy which has not yet become a public stree[ but is deelgnated or delineated as a proposed public street on any tentattve subdivision map approved by the City, any equipment or facilities for distributing any teLe- vialon signals or radio signals through a CATV system, unless a franchise authozizing such use of such sLreet nr property or area has flzst been obtained purauant to the provisions of this ordinance, and unless such franchise is in full Sorce and effect. C. IC s6a11 be unlawful for any person, firm or corporation to make any unauChorized connection, whether physically, electrieatly, acoustically, imductively or otherwise, with any part of a$ranchis.d CATV system vithin [his City for the purpose of taking or receivLng te4evision signals, sadio signals, plcturet, program�, Q= gound. � D. IL shal� be unlawful for any person, firm ar corporation to make any , ' unauthorized connection, whether pnysically, electrically, acoustically, znductively or oCherwis�, Wi[h any part of a franchised CATV system within this Ci[y for the purpnse of enabling himseif or othess co receYVe any television signal, radio signal, gicture, program or sound, without payment to the ownex of said system. � E. It shall be unlawful for any person, without the consent of the owner, to willfully [amper with, remove or injure aay cables, wires or equipment used for dis[ri6ution of television signals, radic signals, pictures, programs or sound. p, Upon ac[iva[ion of a two-way system Che foilowing shall�apply: (a) Honitoring. No moni[oring of any terminal c^^nected [o the sys[em shall take place wi[hou[ specific writ[en au•horiza[ion the user of the [erminal in question on each occasi4n, In no event shall monitoring of any �Cind take place without a . � � � � SECTTqPi 31 CONTINUED ORDIANNCE N0. 522 elearly visible ligh[ sfgnal and clearly audi6le sound signal, The 11ght shsll be visible and the sound sudible at a distance of a[ leas[ thirty fee[ from the terminal at the time of moni[oring. (b) Prevention, Each terminal shall be equipped vith a sr+itch by whtch [he user can, upon noti_`ication hy means of the afore- mentioned liRht and sound, prevent the m�ni[orLng of his termtnal nothwithstandinA any p nor agreemenC. (c) Cable Tapping. I[ shall be unlawful to tap or monitot a system line without authorization fram the pazties whose communication �ci¢ht be overheard. s. vtoi�eton5 of any provisions of this prsY{z��sxce s'hadl be a m£sdemeanvr �� punf,shable by a fine not to exceed $300 ar impris��+�ze�at nrat to exce;ed 90 c�a}s, � og both. S£CTION 32. APPi.ICABLE IAWS. � A. The cazipnny shall at a13 times ccm�Yy ratt�w a��t Ya.,s, ard°ar�.��cea �nd t'fgulations of [he Federal. State, and City a£ �cAc�flep gavrrnments or any admir.is[rative agencies theredf. PAGE 4b • . If any �ederal or State law or reguTaLion S�aaSh require ar germi2 tfie campany � to perform any service or shall prahi6lt the coaspan}� £rom perfarmnra� aay servfce NFeich may Ge in conflict with the terms of thfs fcanctvise or any ardfnance af this Citr� then as soon as possible folloaing knowledge t4sereoi, the campany shaLi notify the CiCy Manager of the point of conflict 6elieved ta exist 6etween such law or segulation and the ordinance of the City or this ftanthise. 9 � �� SECTION 32 CONTINUED ORDIANNCE N0. 5Z2 if the Ci[y Council determines that a ma[erial provlaion of this franchise PAGE 47 is affected by such Fedezal or State lau or regula[ion, tfie City Council shali have the righ[ to modify, alcer, or repeal any of the provisions of this franchise to auc6 reasonable exten[ as may be necessary to carry out the in[ent and purpose of this agreemen[. - b. The Ci[y reserves the right to revoke this franchfse and all righ[s and psivileges of [he company hereunder if any provision of [hi's otdinante shall be fiaally adjudged 6y a court of law invalid or unenforceable and the City Couneil turther finds that such provision eonsti[utes at Lhat [ime a consideration ma[erial to Che continuance of [he franchise herein granted, �FCTION 33. SEVERABILITY. � c If any section, subsection, sentence, clause or phrase of thts ardinance is for �ny teason held illegal, invalid az uncons[iEU[ional hy [he decisnon of any cour't of ' �e3a�peten[ jurisdici[ion, such decision sltall not affect the va�idity af the remainLng postions hereof The Council 6eseby declares Chat it rould have passed this ordinance �nd each section, subsection, sen[ence, ctause, and phrase hereof, frrespecLive of Che (�ac� Rhat Any ane oT �nora sections, subsectioa's, sen[ences, clauses, or phrases be . � d�clared illegal, invalid or unconstitutional� Th� invalidity of any portion of th�s p-..inance shall not abate, reduce or atherwise aEfect any con5ideratCort ar other pbllgation required of [he conpaay of any frv�chise �rant�d hereunder. SSCTION 34. GRANT OF FRANCAISE �here i_s_hereb� granted a franchise to General Telev3sion of rfinnesota� Incorporated, �ursuant to all the terms and coaditions of this ordinance. � . � � ' r. ORDINANCE N0, 5z? cont. SECTION 35. EFFECTIVE DATE This Ordinance will become effective £ifteen (15) days after publica[ion, AL'OP'fED SY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF n�OVEMBER 1972. FRANK G. LIEBL, ATTEST: `� � l MARVII3 C, BAUNSELL, CITY CLERK Yublic Hearing: Octo6er 17, 1972 First Reading; October 17, 1972 Second R�ading;�November 6, 1972 PuU3icaticn: November 8, 1972 Ordinance Nu:nber 522 of the City of Fridley, amending Ordinance Number 496 has been read and the undersigned accepts the Ordinance and agrees to abide by ail its terms and conditions. SION OF MINNESOTA, INC. 11� ( � �� PAGE 48 Ora this oth day of November, 1972, before me a Notary Public with�n and for said County, personally appeared Mr. James B. Goetz to me personally kncwr., who being by me duly sworn, did say that he is the Fresident of the Corporation named in the forego_ng instrument, and that the seal affixed to said instrument is the Corporate Seal of said Corporation by authority of its Board of Directors ackno�wJ_edging said instrument to be the free act and deed of said Corporation. � cszal> My Cormr,ission �Sinnesota 'yi"� �y�s