Ordinance No. 0646 05-02-1977,___-�,
_,._-,_
��3�1
ORDINANCE N0. 646
AN ORDINANCE AMENDING CHAPTER 405 OF THE FRIDLEY CITY CODE ENTITLED
CABLE TELEVISION FRANGHISE
The City Council of the City of Fridley does ordain as follows:
Chapter 405 of the Fridley City Code is hereby amended as follows:
SECTION 405.05 Payment to the City The company shall pay to the City on or before
October lst of each year following the commencement of cable casting an
amount equal to five percent (5%) of the annual gross subscriber
revenues or such additional percentage of revenues that may in the
future be deemed by the Federal Communications Commission or such other
re9ulatory bodies that may have authority over the establishment of
franchise fees taken in and received by the company for services
provided within the City during the year, for the use of the streets
and other facilities of the City in the operation of the CATV system
and for the municipal re9ulation thereof. This payment shall be in
addition to any other tax or payment owed to the City by the company.
In the event that any payment is not made by October lst, as provided
above, interest on the amount due, as determined from the gross
subscriber revenues report of the certified public accountant, shall
accrue from such date at the annual rate of eight percent (8"). The
a m ounts designated in this section may be amended no more than once
each year by the City Council consistent with increased costs for
municipal supervision and after a public hearing.
SECTION 405.116 Arbitration The City Manager is hereby authorized and empowered to
adjust, settle, or compromise any controversy or charge arising from
the operations of any company under this ordinance, either on behalf
of the City, or the company, in the best interest of the public.
Either the City or the company when dissatisfied with the decision
of the City Manager may appeal the matter to a Board of Arbitration for
hearing and final determination. The Qoard of Arbitration may accep£,
reject or modify the decision of the City Manager; and the Board of .
Arbitration may adjust, settle or compromise any controversy arising ��
from the operations of any company or from any provision of this
ordinance. The decision of the Board of Arbitration shall be final.
SECTION 405.194 Alternate Approach If the system operator desires to distribute
signals by using multiple cable techniques of specialized receiving
devices, which, because of the basic design, cannot comply with one
or more of the technical standards set forth in Section 405.193, he
may be permitted to operate with such equipment provided that an adequate
showing is made Which establishes that the su6scribers are provided
an equiva]ent..4uality of service. The City expects full technical
proof of equivalent performance before it can judge whether such an
alternate approach would be acceptable.
SECTION 405.195 Measurements
6. The amplitude of discrete frequency interfering signals within a
cable television channel may be determined with either a spectrum analyzer
or with a frequency-selective volt-meter (field strength meter), or
other suitable instruments, which instruments have been calibrated
for adequate accuracy. The field intensity meter may be equipped
with external frequency selective volt-meters to measure cross-modulation
components. If calibration accuracy is in doubt, measurements may be
referenced to a calibrated signal generator, or a calibrated variable
attenuator, substituted at the point of ineasurement. If an amplifier is
used between the subscriber terminal and the measuring instrument, �
appropriate corrections must be made to account for its gain.
Measurements shall exclude those contaminants known to be occasioned
by propagation anomolies or those present on receiving antenna, where
excepted by 8(a) (6) (c) (d) this Section. Sytem contaminant
measurements may be made with processing equipment inputs disconnected
and terminated in a suitable termination resistor.
SECTION 405.233 Permits, Installation and Service Within one hundred eighty (18D)
days after the commencement of construction and installation of the ,
system, company shall proceed to render service to subscribers, and the
completion of the construction and installation shall be pursued with
reasonable diligence thereafter, so that service to all areas designated
on the map accompanying the application for franchise, shall be
extended to at least 20% of the City each year and to be completed
within five (5) years.
;
�
ORDINANCE N0. 646 (Con't)
x_`_:='
�,�i -_
SECTION 405.234 Permits, Installation and Service Failure on the part of the company
to commence and diligently pursue each of the foregoing requirements
and to complete each of the matters set forth herein, shall be grounds
for termination of such franchise, under and pursuant to the terms of
Section 205.29; provided, however, that the Council in its discretion
may extend the time for the commencement and completion of construction
and installation for additional periods in the event the company, acting
in good faith, experiences delays by reasons of circumstances beyond
their control.
SECTION 405.261 Preferential or Discriminator Practices Prohibited The company
shall not refuse ca le television service to any person or organization
who requests such service for a lawful purpose, nor shall the company
refuse any person or organization the right to cablecast pursuant to
provisions of Sections 405.253 and 405.225 of this ordinance. The
company shall not, as to rates, charges, service facilities, ruies,
regulations or in any other respect make or grant any preference or
advantage to any person, nor subject any person to any prejudice or
disadvantage.
SECTION 405.28 Cable Television Commission (paragraph 3) The company shall furnish
the Commission with business reports on or before February lst and
August lst advising the Commission on: progress made in installation of
the system, utilization of channels; program schedules; new services
planned; and an annual projection i.e. business plan for the forthcoming
year. Specific form and frequency of reports shall be specified in a
memorandum of understanding between the City and the company. The
Commission shall review the accomplishments of the company and determine
if progress is consistent with the company's projections. The Commission
shall issue reports, at least semi-annually to the residents of the City.
SECTION 405.301 Procedure Upon Termination Upon the expiration, termination or
revocation of this franchise, the company shall enter upon the public
ways and public places of the City for the purpose of removing therefrom
ai1 of its plants, structures and equipment and shall promptly remove
all of its facilities and equipment from the premises of all subscribers
� at a time convenient to both the company and the subscribers, but only
after the City has had ample time and opportunity to renew this franchise
or to purchase, condemn or secure another franchise. In so removing such'
- plants, structures and equipment, the company shall refill, at its own ,
expense, any excavation that shall be made by it and sha]1 leave such
public ways and places in as good condition as that prevailing prior to
the company's removal of its equipment and appliances without affecting,
alterin9 or disturbing in any way the electric distribution or telephone
cables, wires or attachments on any poles. The City Engineer or his
appointee shall inspect and approve the condition of such public ways
and public places and cables, wires, attachments and poles after removal.
In the event of dispute of the City Engineer's opinion, the company or
any other person may request a public hearing before the Council.
Liability insurance and indemnity provided in Section 405.17 hereof and
the security fund provided in Section 405.07 hereof shall continue in
full force and effect during the entire period of removal.
SECTION 405.302 Procedure Upon Reimbursement If this franchise is cancelled, or not
renewed, for any reason other than the company's failure to comply
with the terms and conditions of this ordinance and other applica6le
local, state and federal laws and regulations, that part of the system
located in the City shall, at the option of the City, become the property
of the City at a cost not to exceed its then book value (i.e. cost less
accumulated depreciation) according to generally accepted accounting
principles. Such book value if not agreed upon shall be determined by
' arbitration pursuant to Section n05.116 of this ordinance. Either party
may demand arbitration to determine book value. Book value shall not
include any valuation based upon this franchise.
�,;�; .�:,.
_,,, a,.:
ORDINANCE
646 (Con't)
�,�')
SECTION 405.321 Applicable Laws If any Federal or State law or regulation shall
require or permit the company to perform any service or shall prohibit
the company from performing any service which may be in conflict with
the terms of this franchise or any ordinance of this City, then as soon
as possible foliowing knowledge thereof, the company shall notify the
City Manager of the point of conflict believed to exist between such
law or regulation and the ordinance of the City or this franchise.
If the City Council determines that a material provision of this
franchise is affected by such Federal or State law or regulation, the
City CounciT shall have the right to modify, aTter, or repeal any of
the provisions of this franchise to such reasonable extent as may be
necessary to carry out the intent and purpose of this agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 2ND DAY OF
MAY, 1977.
ATTEST:
r
1.,. ,il,��..x:�PO
CI Y C RK - MARVIN C. BRUNSELL
Public Hearing:
First Reading:
` Second Reading:
Publish.......:
April 11, 1977
April 18, 1977
May 2, 1977
May 11, 1977
�LCiCI.A.LK� Y �--�
MAY R- WILLIAM J. NEE
�
�
LJ