Chapter 10
COMMUNITY
ANTENNA TELEVISION[1]
Art.
I. Definitions, § 10-110-4
Art.
II. Procedures for Granting,
Renewing Transferring, Acquiring Cable
Television
License, §§ 10-510-19
Art.
III. License Requirements, §§
10-2010-34
Art.
IV. Construction Requirements, §§
10-3510-44
Art.
V. Regulations For City Streets,
Rights of Way, §§ 10-4510-54
Art.
VI. Customer Service Provisions,
§§ 10-5510-69
Art.
VII. Administration and
Enforcement, §§ 10-7010-86
ARTICLE
I. DEFINITIONS
Sec.
10-1. Definitions.
For
the purposes of this chapter, the following terms, phrases, words,
abbreviations and their derivations shall have the meaning given herein unless
they are defined differently in a license, in which case for that license the
definition set forth therein shall apply.
When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. All references to days shall mean calendar
days, unless otherwise specified.
(1) Access
channel shall mean a channel dedicated in whole or in part for local
noncommercial programming which is not originated by a cable company; provided
that such local programming shall not include (i) the retransmission of local
television broadcast signals or (ii) programming produced by persons
unaffiliated with the cable company under the provisions of Section 612 of the
Cable Act.
(2) Basic
service shall mean any service tier which includes the retransmission of
local television broadcast signals. Each
such tier shall include all access channels, as defined in Section 611 of the
Cable Act.
(3) Cable
act shall mean the Cable Communications Policy Act of 1984, as amended,
including the Telecommunications Act of 1996 ("1996 Act").
(4) Cable
services shall be defined as the one-way transmission to subscribers of
video programming and other programming services, together with subscriber
interaction, if any, which is required for the selection or use of such
programming and programming services that the licensee makes available to all
subscribers generally.
(5) Cable system
shall mean a facility consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is
designed to provide cable services which includes video programming and which
is provided to multiple subscribers within the city (as hereinafter defined),
but such term does not include:
a. A facility that serves only to retransmit the television
signals of one or more television broadcast stations;
b. A facility that serves subscribers without
using any public right of way;
c. A facility of a common carrier which is subject, in whole or in
part, to the provisions of Title II of the Communications Act of 1934, except
that such facility shall be considered a cable system to the extent such
facility is used in the transmission of video programming directly to
subscribers; or
d. Any facility of an electric utility used solely for operating
its electric utility systems.
(6) Change
of service shall mean all requests by existing subscribers for
modifications to their cable service, including without limitation additions or
deletions of premium services, additional outlets, remote controls and FM
service. Such term shall not include,
initial installation of basic cable service, total disconnection of basic cable
service or service calls.
(7) City
shall mean the City of
(8) City
council shall mean the present governing body of the city or any future
council constituting the legislative body of the city.
(9) Completion
of construction or complete system
construction shall mean "satisfactorily complete" and "fully
activate." In each instance, these terms shall mean that strand has been
put up and all necessary cable (including trunk and feeder cable) has been
lashedor, for underground construction, that all cable has been laid and
trenches refilled, all road surfaces restored and, except as prevented by
weather conditions or delayed because of seasons, landscaping restored; that
all amplifier housings and modules have been installed; that power supplies
have been installed; that construction of the headends or hubs has been
completed and all necessary processing equipment has been installed; and that
any and all other construction necessary for the cable system to be ready to
deliver cable service to subscribers has been completed. Final balancing shall have been conducted on
each otherwise completed segment of the cable system before direct marketing of
that segment begins. It is expected that
segments of less than the entire cable system will be activated and final
balanced when completed. Construction of
any segment or of the entire cable system will not be considered complete until
final balance has been conducted on such segment (or in the case of the entire
cable system, until final balancing and proof of performance tests have been
conducted on all segments of the cable system) and any problems found during
testing have been corrected. The term
"completion of construction" does not include marketing and installation
of subscriber service.
(10) Gross
revenues shall be defined as in A.R.S. § 9-505(6), unless otherwise
defined in a license granted by the city.
(11) Initial
activation of cable service or initially
providing cable service shall mean with respect to a particular segment (as
defined in any license issued hereunder), or with respect to a group of
segments or the entire cable system, as the case may be, that, all proposed
cable services and cable system capabilities as stated in the license are
available or in place, construction has been completed (see above definition of
construction) and the completed segment or segments in question or the entire
cable system, as the case may be, have been activated.
(12) Initial
license shall mean a license sought by, or granted to, a person who does
not hold a license.
(13) License
shall mean any authorization granted under this chapter in terms of a
privilege, permit, license or otherwise to construct, operate and maintain a
cable system in the city, including initial licenses and renewal licenses (as hereinafter
defined). Any such authorization, in
whatever term granted, shall not mean and include any license or permit
required for the privilege of transacting and carrying on a business within the
city in accordance with Article II of Chapter 16.
(14) Licensee
shall mean the person, firm or corporation to whom or which a license is
granted by the city council under this chapter, and the lawful successor,
transferee or assignee of said person, firm or corporation.
(15) Local
origination programming shall mean video programming locally produced by a
licensee.
(16) Normal
business hours means those hours during which most similar business in the
city are open to serve subscribers. In
all cases, "normal business hours" must include some evening hours at
least one night per week and some weekend hours.
(17)
(18) Outage
shall exist whenever licensee's cable system experiences three (3)
subscriber complaints within any sixty (60) minute period of "no
picture" within the same quarter section.
(19) Person
shall mean an individual, partnership, corporation, association, joint venture
or organization of any kind and the lawful trustee, successor, assignee,
transferee or personal representative thereof.
(20) Property
of licensee shall mean all property owned, installed or used by a licensee
in the conduct of a cable system business in the city under the authority of a
license granted pursuant to this chapter.
(21) Proposal
or application shall refer to a
response by a qualified cable company in accordance with city specifications to
provide cable services to residents, businesses, industries and institutions
within the city.
(22) Renewal
license shall mean a license sought by, or granted to, a cable company
already providing cable services in the city.
(23) Service
call shall result when service problems occur relating to: (i) any "no
picture" complaint, (ii) a degraded signal or picture on one or more
channels, (iii) property damage by licensee's employees or authorized
contractors, or (iv) in-house cable equipment problems.
(24) Standard
drop shall mean a cable connection which requires no more than a one
hundred fifty (150) foot drop measured from the nearest point of a subscriber's
home or place of business to the nearest active tap on the cable system,
involves only one outlet and standard materials, and does not involve a wall
fish. In addition, a "standard drop"
shall exclude custom installation work, including specific subscriber requested
work that requires non-standard inventory or cable routing requiring
construction methods exceeding reasonable underground or aerial work.
(25) Street
or public street shall mean only a
street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or
drive which is owned by a public entity in fee or as to which a public easement
has been dedicated for street purposes, and with respect to which, and to the
extent that, city has a right to grant the use of the surface of, and space
above and below in connection with a license for a cable system, or other
compatible uses.
(26) Subscriber
shall mean any person or entity receiving for any purpose the cable
television service of a licensee's cable system.
(27) Two-way
communication shall mean the transmission of telecommunication signals from
subscriber locations or other points throughout the cable system back to the
cable system's control center as well as transmission of signals from the
control center to subscriber locations.
(28) User
shall mean a party utilizing a cable system channel for purposes of
production or transmission of material to subscribers, as contrasted with
receipt in a subscriber capacity.
(29) The terms "will be available,"
"will be equipped," "will use," "will be
designed," "will perform," "will be utilized,"
"will permit," "will allow," "will be activated,"
"will be initially connected," "will be capable,"
"will provide," "will include," "will employ,"
"will be established," "will be able," "will be
implemented," "will be delivered," "will utilize," and
other similar uses of terms of a licensee's proposal denoting the activation of
cable service, shall be interpreted to mean delivery or accomplishment at a
date no later than the initial activation of cable service (as defined in this
section) unless otherwise expressly and clearly stated or qualified in the
licensee's proposal to mean a more specific or different time.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97; Ord. No. 2007.39, 6-28-07)
Secs.
10-210-4. Reserved.
ARTICLE
II. PROCEDURES FOR GRANTING, RENEWING,
TRANSFERRING
AND ACQUIRING CABLE TELEVISION LICENSES
Sec.
10-5. Require a license to operate.
A
non-exclusive license to construct, operate and maintain a cable system within
all or any portion of the city is required of anyone desiring to provide cable
television service in the city. A license may be granted by the city council to
any person, whether operating under an existing license or not, who offers to
furnish and provide such cable system under and pursuant to the terms and
provisions of this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-6. Violations for not having a
license.
(a) From and after the effective date of this
chapter, it shall be unlawful for any person to establish, operate or to carry
on the business of distributing to any persons, in this city any television
signals or radio signals by means of a cable system unless a license therefore has
first been obtained pursuant to the provisions of this chapter, and unless such
license is in full force and effect.
(b) From and after the effective date of this
chapter, it shall be unlawful for any person to construct, install or maintain
within any public street in the city, or within any other public property of
the city, or within any privately-owned area within the city which has not yet
become a public street but is designated or delineated as a proposed public
street on any tentative subdivision map approved by the city, any equipment or
facilities for distributing any television signals or radio signals through a
cable system, unless a license authorizing such use of such street or property
or area has first been obtained pursuant to the provisions of this chapter, and
unless such license is in full force and effect.
(c) It shall be unlawful for any person to make
any unauthorized connection, whether physically, electrically, acoustically,
inductively or otherwise, with any part of a licensed cable system within this
city for the purpose of enabling him or herself or others to receive any
television signal, radio signal, picture, program or sound, without the
permission of the licensee.
(d) It shall be unlawful for any person, without
the consent of the licensee, to willfully tamper with, remove or injure any
cables, wires or equipment used for distribution of television signals, radio
signals, pictures, programs or sound.
(e) Any person violating any part of this
section shall be guilty of a class one misdemeanor.
(Ord. No. 91.33, 10-17-91)
Sec.
10-7. Authorization to engage in
business.
(a)
Any
license granted pursuant to the provisions of this chapter shall authorize and
permit the licensee to engage in the business of operating and providing a
cable system in the city, and for that purpose to erect, install, solicit,
construct, repair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public street, such poles, wires, cable,
conductors, ducts, conduit, vaults, manholes, amplifiers, appliances,
attachments and other property as may be necessary and appurtenant to the cable
system. Licensee may also so use,
operate and provide similar facilities or properties rented, licensed or leased
from other persons, firms or corporations, including but not limited to any
public utility or other licensee licensed or permitted to do business in the
city; provided, however, that neither the licensee nor the third party shall be
relieved of any regulation or obligation as to its use of such facilities in
the streets.
(b) Nothing in this chapter shall be deemed to
prevent a licensee from engaging in the provision of any telecommunications
service (as defined in the 1996 Act) authorized or permitted by applicable
federal or state law or regulation or to impose any requirement that has the
purpose or effect of prohibiting, limiting, restricting or conditioning the
provision of telecommunications service by a licensee or its affiliates (as
defined in the 1996 Act). Insofar as it
is not inconsistent with or otherwise preempted by federal or state
regulations, the license shall grant the right and privilege to the licensee to
provide non-cable communications services.
The city council shall retain all authority to regulate non-cable
communication services to the extent necessary to protect the public interest
and to ensure compliance with all provisions of this chapter.
(Ord. No. 91.33, 10-17-91; Ord. No.
97.31, 5-29-97)
Sec.
10-8. Limitations of license.
(a) Any
license granted under this chapter shall be nonexclusive.
(b) Any privilege claimed under any license by
the licensee in any public street or other public property shall be subordinate
to any prior or subsequent lawful occupancy or use thereof by the city or any
other governmental entity, shall be subordinate to any prior lawful occupancy
or use thereof by any other person, and shall be subordinate to any prior
easements therein; provided, however, that nothing herein shall extinguish or
otherwise interfere with property rights established independently of any
license issued pursuant to this chapter.
(c) Any right or power in, or duty imposed
upon, any officer, employee, department or board of the city shall be subject
to transfer by the city to any other officer, employee, department or board of
the city.
(d) A licensee shall be subject to all
requirements of city's rules, regulations and specifications heretofore or
hereafter enacted or established, and shall comply with all applicable state
and federal laws and regulations heretofore or hereafter enacted or
established. There is hereby reserved to
the city the power to amend any section of this chapter so as to require
additional or greater standards of construction, operation, maintenance or
otherwise pursuant to the city's lawful police powers or as provided in the
license.
(1) If any state or federal law or regulation shall require the
licensee to perform any service, or shall permit the licensee to perform any
service, or shall prohibit the licensee from performing any service, in
conflict with the terms of its license or any law or regulation of the city,
then as soon as possible following knowledge of such conflict, the licensee or
the city shall notify the other party of the conflict believed to exist between
such state or federal law or regulation and the laws or regulations of the
city.
(2) If
the city council determines that a material provision of this chapter is
affected by any subsequent action of the state or federal government, the city
council shall have the right to modify any of the provisions herein to such
reasonable extent as may be necessary to carry out the full intent and purposes
of this chapter consistent with state or federal law.
(f) Any license granted shall not relieve the
licensee of any obligation involved in obtaining pole space from any department
of the city, utility company or from others maintaining poles in streets.
(Ord. No. 91.33, 10-17-91)
Sec.
10-9. Acquisition by city.
(a) In accordance with Section 627 of the Cable
Act, if a renewal of a license held by a licensee is denied and the city
acquires ownership of the cable system or effects a transfer of ownership of a
cable system to another person, any such acquisition or transfer shall be at
fair market value, determined on the basis of the cable system valued as a
going concern but with no value allocated to the license itself.
(b) If a license held by a licensee is revoked
for cause and the city acquires ownership of the cable system or effects a
transfer of ownership of the cable system to another person, any such acquisition
or transfer shall be at an equitable price.
Under the term "equitable price," such matters as the harm to
the community resulting from the licensee's breach of the license may be
considered in determining the appropriate price. No payment shall be made by the city to the
licensee that would include a value attributed to the license itself.
(c) The value of a cable system (fair market
value or equitable price) shall be determined by an appraisal committee
consisting of three (3) disinterested appraisers. The appraisal process shall be conducted in
accordance with the following procedures:
(1) Each party shall appoint an appraiser within thirty (30) days
after the city sends notice initiating appraisal proceedings. The two (2) appraisers shall select a third
appraiser within thirty (30) days after selection of the second appraiser. If the two (2) appraisers are unable to agree
on the appointment of a third appraiser within such thirty (30) day period,
either the city or the licensee may petition the judge of the Maricopa County
Superior Court, acting in his or her individual capacity, for the selection of
a third appraiser;
(2) Each party shall bear the cost of its own appraiser and one-half
(1/2) of the cost of appointing the third appraiser and of paying the third
appraiser's fee. The third appraiser,
however selected, shall be a person who has not previously acted in any
capacity for either the city or the license; and
(3) Within thirty (30) days after selection of the third appraiser,
the appraisers shall meet and set the value of the cable system consistent with
the requirements of this section.
(d) Upon the termination of a license and the
rights granted thereunder, whether by expiration or forfeiture, the city
council may direct and require the licensee as provided in § 10‑47
to remove its wires, cables, fixtures and accessories and appurtenances from
the streets. To this accomplishment, if directed, the city shall make a claim
on the letter of credit as prescribed in § 10-73.
(Ord. No. 91.33, 10-17-91)
Sec.
10-10. Rights reserved 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 licensee, by purchase, at fair market value, which shall
not include any amount for the license itself or for any of the rights or
privileges granted, and nothing herein contained shall be construed to contract
away or to modify or abridge, either for a term or in perpetuity, the city's
right of eminent domain at fair market value.
(b) There is hereby reserved to the city every
right and power which is required to be herein reserved or provided by any
provision of the city code, and a licensee shall comply with any action or
requirements of the city in its exercise of such rights or power heretofore or
hereafter enacted or established.
(c) Neither the granting of any license
hereunder nor any of the provisions contained herein shall be construed to
prevent the city from granting any identical, or similar, license to any other
person, firm or corporation, within the city.
(d) Neither the granting of any license nor the
enactment of any provision in this chapter shall constitute a waiver or bar to
the exercise of any governmental right or power of the city, now existing or
hereafter granted.
(e) The city council may do all things which
are necessary and convenient in the exercise of its jurisdiction under this
chapter and may, through the city manager (or the city manager's designee) or
through its own action, adjust, settle, compromise or otherwise resolve,
pursuant to §§ 10-76 and 10-77, any controversy or charge arising from the
operations of any licensee under this chapter.
(Ord. No. 91.33, 10-17-91)
Sec.
10-11. Applications for initial license,
content.
Each
application for an initial license to construct, operate or maintain any cable
system in the city shall be filed with the office of the city clerk and shall
be on forms prescribed by the city. Said
forms shall require, but shall not be limited to, the following information:
(1) The
name, address and telephone number of the applicant;
(2) A
detailed statement of the corporation or business entity organization of the
applicant, including but not limited to, the following and to whatever extent
required by the city:
a. The names, residence and business
addresses of all officers, directors and associates of the applicant;
b. The names, residence and business addresses of all officers,
persons and entities having a one percent (1%) or larger share of the ownership
of the applicant and the respective ownership share of each such person or
entity;
c. The names and addresses of any parent or subsidiary of the
applicant, namely, any other business entity owning or controlling applicant in
whole or in part or owned or controlled in whole or in part by the applicant,
and a statement describing the nature of any such parent or subsidiary business
entity, including but not limited to cable systems owned or controlled by the
applicant, its parent and subsidiary and the areas served thereby;
d. A detailed and complete financial statement of the applicant,
certified by an independent certified public accountant, for the fiscal year
next preceding the date of the application hereunder, and a letter or other
acceptable evidence in writing from a recognized lending institution or funding
source, addressed to both the applicant and the city council, setting forth the
basis for a study performed by such lending institution or funding source, and
a clear statement of its intent as a lending institution or funding source to
provide whatever capital shall be required by the applicant to construct and
operate the proposed cable system in the city, or a statement from an
independent certified public accountant, certifying that the applicant has
available sufficient free, net and uncommitted cash resources to construct and
operate the proposed cable system in this city;
e. A detailed financial plan (pro forma) describing for each year
of the initial license, projected number of subscribers, rates, all revenues,
operating expenses, capital expenditures, depreciation schedules, income
statements and sources and uses of funds statement. All information is to be presented in the
format required by the city; and
f. A statement identifying, by place and date, any other cable
system license(s) awarded to the applicant, its parent or subsidiary; the
status of said license(s) with respect to completion thereof; the total cost of
completion of such licensed cable system(s); and the amount of applicant's and
its parent's or subsidiary's resources committed to the completion thereof;
(3) A
detailed description of the proposed plan of operation of the applicant which
shall include, but not be limited to, the following:
a. A detailed map indicating all areas proposed to be served, and
a proposed time schedule for the installation of all equipment necessary to
become operational throughout the entire area to be serviced;
b. A statement or schedule setting forth all proposed
classifications of rates and charges to be made against subscribers and all
rates and charges as to each of said classifications, including installation
charges and cable service charges;
c. A detailed, informative and referenced statement describing the
actual equipment and operational standards proposed by the applicant;
d. A copy of the form of any agreement, undertaking or other
instrument proposed to be entered into between the applicant and any
subscriber; and
e. A detailed statement setting forth in its entirety any and all
agreements and undertakings, whether formal or informal, written, oral or
implied, existing or proposed to exist between the applicant and any person,
firm or corporation which materially relate or pertain to or depend upon the
application and the granting of the license;
(4) A
copy of any agreement covering the license area, if existing between the
applicant and the local telephone or electric utilities providing for the use
of any facilities of the utility including but not limited to poles, lines or
conduits; and
(5) Any
other details, statements, information or references pertinent to the subject
matter of such application which shall be required or requested by the city
council, or by any other provision of law.
(Ord. No. 91.33, 10-17-91)
Sec.
10-12. Fees for initial license.
Upon
demand of the city, any licensee under an initial license, upon execution of
such initial license, shall reimburse all expenses, including, but not limited
to, any and all administrative, engineering, publication or legal costs and
consultants' expenses incurred in connection with the processing, evaluation
and preparation of documents relating to the initial license. The city shall document all such expenses by
invoice.
(Ord. No. 91.33, 10-17-91; Ord. No.
2007.39, 6-28-07)
Sec.
10-13. Selection of licensee under an
initial license.
(a) Solicitation
of proposals. The city may, by
advertisement or any other means, solicit and call for applications for cable
system licenses, and may determine and fix any date upon or after which the
same shall be received by the city, or the date before which the same must be
received, or the date after which the same shall not be received, and may make
any other determinations and specify any other times, terms, conditions or
limitations respecting the soliciting, calling for, making and receiving of
such applications. The terms and
conditions for application shall be described in a document called
"request for proposals".
(b) Unsolicited
proposals. The city upon receipt of
an unsolicited application for an initial license may by advertising or other
means solicit and call for competing applications pursuant to subsection (a),
or may, in its sole discretion, reject such application as untimely.
(c) Compliance
with city requirements. Any person, firm or corporation submitting a
proposal for an initial license to operate a cable system in response to the
city's request for proposals shall provide all information required by this
chapter and all other information requested by city's request for proposals or
otherwise required by the city. Each
proposal shall be responsive to the questions soliciting the information, and
shall completely, accurately and materially supply all of the information so
solicited. Any misrepresentation, failure, neglect or refusal to provide any of
such information may, at the option of the city, render a proposal invalid. The
requested information must be complete and verified as true by the applicant.
(d) Property
of city. All proposals received by
the city from an applicant shall become the sole property of the city.
(e) Applicant
responsibility. Before submitting a
proposal, each applicant shall be solely responsible for and must:
(1) Examine all regulatory chapters and the request for proposals
documents thoroughly;
(2) Be familiar with local conditions which may in any manner affect
performance under the license, including, but in no event limited to, community
and institutional telecommunication needs, relevant demographics, topographies,
pole attachment policies of appropriate utility authorities, undergrounding and
subscriber desires;
(3) Be familiar with all applicable federal, state and local laws,
chapters, rules and regulations affecting performance under the license; and
(4) Carefully correlate all observations with the requirements of
this chapter and the request for proposals documents.
(f) Referral
to city manager. Upon receipt of any application for an initial license,
the city council shall refer the same to the city manager, who shall prepare or
cause to be prepared a report, including recommendations respecting such
application, and cause the same to be completed and filed with the city
council. The city will evaluate all
proposals that are submitted. All
applicants that have met the city's qualifications in the request for proposals
and have submitted proposals on the required forms will be offered the
opportunity to make a formal presentation to the city council in support of
their applications.
(g) Investigations. The city may make such investigations as
it deems necessary to determine the ability of the applicant to perform under
the license, and the applicant shall furnish to the city all such information
and data for this purpose as the city may request.
(h) Rejection. The city may reject any and all
applications from whatever source and whenever received and the city also
reserves the right to waive all formalities where the best interest of the city
may be served, and may, if it so desires, request new or additional proposals.
(i) Public
comment. If, upon receiving the city
manager's report, the city council shall determine to further consider the
applications, it shall pass a resolution setting a public hearing for the
consideration of applications; fixing and setting forth a day, hour and place
certain when and where any persons having any interest therein or who wish to
file objections may file written comments and appear before the city council
and be heard, and directing the city clerk to publish said resolution at least
once within ten (10) days of the passage thereof in a newspaper of general
circulation within the city.
(j) Consideration.
In making any determination
hereunder as to any application for an initial license, the city may consider
any and all factors relevant to significant interests of the community in cable
television including, but not limited to the quality of the cable services
proposed, areas to be served, rates to subscriber, income to the city, experience,
character, background and financial responsibility of any applicant, and its
management and owners, technical and performance quality of equipment,
willingness and ability to meet construction and physical requirements, to meet
all requirements set forth in this chapter, and to abide by all policy
conditions, license limitations and requirements, and all other matters deemed
pertinent by the city for safeguarding the interests of the city and the
public.
(k) Determination. At the time set for the hearing on
applications for initial licenses, or at any adjournment thereof, the city
council shall proceed to hear all comments.
Thereafter, the city council shall make one of the following
determinations:
(1) That such application be denied, which determination shall be
final and conclusive; or
(2) That such license be granted and the terms and conditions
thereof.
No
provision of this chapter shall be deemed or construed so as to require the
granting of an initial license.
(l) Additional
information. The city council may at any time demand and applicant(s) shall
provide such supplementary, additional or other information as the city may
deem reasonably necessary to determine whether the requested license should be
granted.
(m) Awards
based on public record. It is the intention of the city to award any
initial license solely on the basis of the public record. To this end, communication with the city
council by those wishing to submit proposals for an initial license should be
limited to public sessions. Requests for information should be directed to the
office of the city manager.
(n) City
council decisions shall be final. Any decision of the city council
concerning award of an initial license pursuant to this chapter shall be final.
(Ord. No. 91.33, 10-17-91)
Sec.
10-14. Duration of license and renewal.
(a) The duration of the rights, privileges and
authorizations granted in a license shall not exceed twenty-five (25) years from
the date a license is awarded. A license
may be renewed by the city upon application of the licensee pursuant to the
procedure established in subsection (b) of this section and in accordance with
the then applicable law.
(b) Renewal.
(1) During the six (6) month period which
begins with the thirty-sixth month before the license expiration, the city may
on its own initiative, and shall at the request of the licensee, commence
proceedings which afford the public appropriate notice and participation for
the purpose of:
a. Identifying the
future cable-related community needs and interests; and
b. Reviewing the
performance of the licensee under the license during the then current license
term.
(2) a. Upon
completion of a proceeding under subsection (b)(1) of this section, the
licensee seeking renewal of a license may, on its own initiative or at the
request of the city, submit a proposal for renewal.
b. Subject
to Section 624 of the Cable Act, such proposal shall contain such material as the
city may require, including proposals for an upgrade of the cable system.
c. The
city may establish a date by which such proposal shall be submitted.
(3) a. Upon submittal by the licensee of a
proposal to the city for the renewal of the license, the city may provide
prompt public notice of such proposal and, during the four (4) month period
which begins on the completion of any proceedings under subsection (b)(1),
renew the license or, issue a preliminary assessment that the license should
not be renewed and, at the request of the licensee or on its own initiative, commence an administrative
proceeding, after providing prompt public notice of such proceeding, in
accordance with paragraph (3)(b) to consider whether:
i. The
licensee has substantially complied with the material terms of the existing
license and with applicable law;
ii. The
quality of the licensee's service, including signal quality, response to
consumer complaints and billing practices, but without regard to the mix, quality
or level of cable services or other services provided over the cable system,
has been reasonable in light of community needs;
iii. The
licensee has the financial, legal and technical ability to provide the
services, facilities and equipment as set forth in the licensee's proposal; and
iv. The
licensee's proposal is reasonable to meet the future cable-related community
needs and interests, taking into account the cost of meeting such needs and
interests.