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Home My WebLink About1997 05 13 CALNO TV Channel e Seminol e County Governmen t County Attorney's Office 1101 East First Street Sanford, Florida 32771 Telephone (407) 321-1130 Extension 7254 FAX 328-5827 May 13, 1997 Commissioner Cindy Gennell City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: Access Channel vs. Bandwidth • ~~ Dear Commissioner Gennell: Thank you for introducing yourself and offering to invite me to meetings of Calno or of a Calno task force dealing with telecom- munications issues this summer. I will be happy to attend. During this time, I will be writing the final draft of a memorandum which outlines legal, economic and technological issues of relevance to telecommunications policy. This memorandum (the Commissioners' reactions to it) shall serve as the basis for my final direction as to the shape of the "right of way/telecommunications ordinance" (ROWTO) that I am to draft. As I told you in my office, I plan to present a draft ordinance to the Board in August.l Included as an attachment to this letter is a copy of the draft 1995 Multichannel Video Programming Ordinance. Please turn to Section 55.129, starting at page 74. These provisions will give you an idea of how local governments are migrating from the concept of access channels to bandwidth. Some reasons for this migration are to take advantage of the flexibility of digital fiber optic 1However, a final draft may not be presented until September. This will give me a chance to absorb any new legal or other developments at the early September national conference of the National Association of Telecommunications Officers and Advisers (NATOA). As I have in the case of the Seminole County Commission and its senior management, I urge you or one your colleagues to attend the NATOA conference. Or, if you can clear your calendar, try to attend the "southern" regional NATOA conference in Baltimore at the end of this month. Such conferences demonstrate how active local government participation in the telecommunications revolution is not a case of "government regulation". Rather, local governments are landlords of the public rights of way in trust for their citizens. Rights of way are valuable bargaining chips to insure that your community reaps the promise of the new information economy. A franchise is not a regulation, but an agreement with a telecommunication provider for the use of real property. (Even so- called "wireless" providers may be using public rights of way for their "backhaul networks".) Franchise fees are not taxes, but rather consideration paid by telecommunications companies for their use of public property. r- .' • Commissioner Cindy Gennell May 13, 1997 Paae 2 systems and to permit the interaction between policy-makers and citizens and among citizens which the new technology allows.z The successor provisions in the late summer ROWTO draft will differ somewhat. Not only have the law and technology evolved (largely in favor of local governments), but I also have learned more. The ROWTO will be.far broader in scope than the 1995 ordi- nance. The federal telecommunications act of 1996 requires functionally, if not perfectly, equal treatment of telecommunica- tions/ROW users. Moreover, virtually any entity today can become a telecommunications provider, e.g. power companies and water companies. This new diversity in the identity of telecommunications providers has become another major reason why local governments are migrating away from access channel requirements to bandwidth requirements. Not all of the parties with infrastructure in/on/ab- ove the public rights of way may be able to provide video program- ming capacity. However, these parties should be able to provide bandwidth on the fiber optic networks which they all use to monitor and operate their systems. Such bandwidth reservations can be put to use, e.g., for public safety and health purposes. One final subject needs to be broached. You may be told by some attorneys for telecommunications providers that either federal or state law prohibits bandwidth reservation by local governments. This simply is not true. Supposed federal restrictions do not preempt state law authority which Florida (charter) counties and cities have. The federal provisions were sloppily drafted and simply prohibit bandwidth reservation based upon the authority of Title VI of the 1996 federal act. Furthermore, one recently passed "restrictive" state law (HB 313), at most, rules out only telephon- ic use of bandwidth reserved for local public networks. A similar law in another state has already been declared by a federal court to be invalid under the 1996 federal telecommunications act. HB 313 is also probably invalid as a violation of the Florida state constitution. In closing, I shall await word from you about the Calno meetings. If you have any questions or comments, please feel free to call me at work or email me at enkeQdelphi.com. Si cerely yours, Harlan Wright Assistant County Attorney HW/gn Attachment: Draft Ordinance Zandwidth also avoids most of the "bureaucracy" or "constitu- encies" which form after access channels are activated. ~: • • ~ ~ ~~ ~ r~ F ORDINANCE NO. 95- SEMINOLE COUNTY, FLORIDA O R D I N A N C E AN ORDINANCE AMENDING PART ONE, CHAPTER 55, SEMINOLE COUNTY CODE, TO ADAPT THE CABLE FRANCHISE ORDINANCE TO CHANGES IN TECHNOLOGY, IN THE ORGANIZATION AND OPERATIONS OF CABLE AND OTHER MODES OF VIDEO PROGRAMMING, AND CHANGES IN STATE AND FEDERAL LAW; SPECIFI- CALLY, TO EXPAND COVERAGE OF THE ORDINANCE TO COVER NEW FORMS OF MULTICHANNEL VIDEO-PROGRAM- MING DISTRIBUTION SUCH AS WIRELESS CABLE; TO INSURE THE EVEN HANDED TREATMENT OF ALL MODES OF MULTICHANNEL VIDEO-PROGRAMMING DISTRIBU- TION; TO AMEND THE BASE FOR THE CALCULATION OF FRANCHISE FEES; TO CLARIFY PROCEDURES FOR THE GRANTING, RENEWAL, TRANSFER AND REVOCATION OF FRANCHISES; TO REDUCE THE MINIMUM TIME PERIOD FOR A FRANCHISE; TO MODIFY CONDITIONS UNDER WHICH A FRANCHISE IS REQUIRED; TO TIGHTEN THE SERVICE REQUIREMENTS AS TO DENSITY; TO CLARIFY THE CONDITIONS GOVERNING THE ACCEPTANCE OF FRANCHISES BY GRANTEES; TO AMEND PERMIT RE- QUIREMENTS; TO INSURE SERVICE PROVIDED BY GRANTEES ENCOMPASSES NEW TECHNOLOGIES; TO RAISE MINIMUM SYSTEM CAPACITY; TO SIMPLIFY TECHNICAL SERVICE STANDARDS; TO INCREASE ORGANIZATIONAL FLEXIBILITY FOR GRANTEES; TO STRENGTHEN CUSTOMER SERVICE STANDARDS; TO CLARIFY OPERATIONAL AND FINANCIAL REPORTING REQUIREMENTS; TO STRENGTHEN COUNTY AUDITING RIGHTS; TO CLARIFY LIQUIDATED DAMAGES PROVI- SIONS; TO RESERVE THE RIGHT OF THE COUNTY TO REGULATE SERVICE AND EQUIPMENT RATES IF SUCH RATES BECOME UNREASONABLE; TO CLARIFY THE RESERVATION OF THE POLICE POWER; TO PROVIDE FOR THE RESERVATION OF TEN PERCENT OF SYSTEM CAPACITY FOR PUBLIC USE IN PLACE OF A TRADI- TIONAL ACCESS REQUIREMENT; TO PROVIDE FOR PRIVATE ATTORNEY GENERAL ACTIONS TO ENFORCE SERVICE AND CONSUMER PROTECTION PROVISIONS; TO PROHIBIT PASS-THROUGHS AND SET-OFFS BY PROVID- ERS EXCEPT WHEN REQUIRED; TO PROVIDE FOR THE FACILITATION OF REPORTING REQUIREMENTS; TO REGULARIZE ALL NOTIFICATIONS AND SUBMISSIONS; TO PROVIDE FOR A TRANSITIONAL PERIOD; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY AND TO PROVIDE FOR AN EFFECTIVE DATE. 1 WHEREAS, the area of multichannel video-programming is one which is rapidly changing, expanding and diversifying; and WHEREAS, the residents of Seminole County have or will have access to not only conventional cable television programming, but also other modes of multichannel video-programming including wireless cable television modes of multichannel video-programming; and WHEREAS, the County should treat different modes of multichan- nel video-programming even handedly; and WHEREAS, technological changes, changes wrought by recent State and Federal legislation, and changes in the organization and delivery of cable services have made parts of the Seminole County Cable Television Ordinance not only obsolete, but also inimical to the delivery of multichannel video-programming at a high level of both technical and customer service and at a reasonable rate; and WHEREAS, current provisions of the Seminole Cable Television Ordinance regarding reports and oversight are ineffective and prevent the County from determining whether subscribers in particular and residents in general are being treated fairly by multichannel video-programming distributors; and WHEREAS, the Cable Act of 1992 (Cable Act), as implemented by the F.C.C., gives local franchising authorities such as the County the responsibility to enforce subscriber (consumer) service standards for multichannel video-programming distribution, whether . or not local franchising authorities regulate the rates and charges for programming and equipment, and 2 WHEREAS, multichannel video-programming affects the welfare of the residents of Seminole County and, hence, falls under the scope of the police power; and WHEREAS, the providers of all multichannel video-programming eventually utilize or will utilize in varying degrees the rights of way of Seminole County in the conduct of their business; and WHEREAS, the interests of both the residents of Seminole County and of firms seeking franchises to operate multichannel video-programming distribution systems within Seminole County are better served by a multichannel video-programming distribution ordinance which conceives of county government as a trustee of the public's real property interest in the public rights of way and as • the first party to franchise agreements with private enterprise for the benefit of multichannel video-programming distribution to subscribers, rather than county government as a traditional governmental regulator, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. Chapter 55, Seminole County Code, is extensively amended to read as follows: Chapter 55 PART 1 M~'D FRANCHISE ORDINANCE ARTICLE I GENERAL PROVISIONS Sec. 55.1 Purpose. This Part is enacted under the home rule power of the County for the purpose of providing necessary regulations, conditions and provisions which shall apply to the granting and issuance of non- 3 ~~ exclusive franchises for the installation, operation a~d-or mainte- nance of ~~c ~- _ _ ~ Multzchann~l v~:'deo `]?rog~'amm~ng I~xstr:~,bu-' ta.c~n ;E!1`MVD)>s systems within the unincorporated limits of Seminole County, Florida, in the interest of public health, safety and following words, terms, phrases and derivations shall have only the meaning given to them herein; and when not consistent with the context of 'tee-er-am-~~this ~?~' ', words used in the present tense shall include the future tense; words used in the plural form shall include the singular form, words used in the singular form shall include the plural form, and the word "shall" is always to be construed as mandatory, not merely directive. (a) Cable Television System (CATV). A system of coaxial fzber lopt7'~' cables or other electrical conductors and equipment designed to be used or to be used primarily to receive audio and video signals, or other signals commonly provided by Cable TV Systems, directly or indirectly; off-the-air by microwave and by local origination in order to transmit them b~ cala~.e to subscribers for a fee as herein contemplated. 4 (b) County. Seminole County, Florida, or the governing body thereof, the Board of County Commissioners or their official (~) F.C.C. Approval. Any necessary authorization by the F.C.C. to operate a ^~~t system in the County pursuant to the Communications Act of 1934, as amended, and all applicable F.C.C. regulations. (e) Franchise. The non-exclusive authorization granted hereunder by the County to install, operate, ~r~omaintain a ~~ 5 • system withx~ ~emi~c~~.e 'Caunty~ }?~er~~-s~e~e~; r~'~a--a-= --=i'=• (~) Grantee. The person granted a ~T~,~I~I'Sll. franchise including the parent company of the person or anyone who succeeds the person or parent in accordance with the provisions of this Part. e~~~; e~e~C-a~ ~e~d e~g~d~o~-~~~-~a ~ ~ ~ d ~ ~~ i e-e~ -r~ -p aye= ~ z~o~iT~oTTC~ ~ ~z ~e tre -e ar~-r~e ~e~ b T , c t t r -l- ~ } a 4~~~-~e~ t-a~ e-e e~l~e- --a r r~-e-e- ~u- ~ e 3~ t~ f a ~ ~ ~ ~ -~ ~t are e e~ fir ~ i ~ ~ t - ~ -n--s~-~~-c~~ ~ ~x~ -~ re ~~ - a - r-a ~r x~~e~e t- ~ - ` ~e ~ ~i - ~~-re-~a ~ -i- - - - t-~~e- ,,.. } ,. ,~ ~. , ~ ~i g~rt~~~r ~ e~ at- ie- ± .. ~, n € r t : ~ e ~ e~ ~ n } , a~T a tzene er- F 1 ee - ~ i b sr-a~r t~ e r _ __ J ^ - - -- i - h i b~ ~€ , ~e ~ ~o --- = r a tie-sae e-~ i l i ~ -e-c~ - ~-~ ~e~ n - - e ~e- y ~t~ ~ e n ~ 6 ._ system::; .including home'shappin~ sexvice~, the sale of >szgnal t • unlicensed,opex~atq~s, late fees, prem.~um ~erv~ces~ enhanced base: ~Qznty, collect ibn'' ~eeis, retuned 'check charges o~ urzretu~xae~. • ;;:. ec~ua.pr~~n.t :c~ax;ges .; • (,) `N~u~,~a.~ha~.r~e~'~'i.deQ-prpgraz~un.~r~g {MVO} . ~tulti~~.e ch~nrel,sF. b~xzds or sub-bands >~a~ t'el.evsioz~ carried b~ ar emana~xn~ ;dram>~ one (1-'1 source `. _. ;: (',~ ~ Mul.ta~eMa~rie~::.:'it~.~eo pr.agrat~ng #~.~,str~.b~t~,4z~ ~~} T~Z~ provision pf MVO to subscribers>' ar :users by ',mews of a sys~e~ ~s de.~.~.x~:ed in `this Park . >Modes a~ >~suc~' d~ s~ributian:' inc~.ude bud: ~~~ xzc3~ ~.~~ited to, l ~I~T~I and mu~.~ichannei mu~.~ipont o~ ~.~~~,~ distr~..~u toh services such as TMwire~:'ess cab~.e" . 'I'o the e~~en~;,' ~eritted by Sate 'or ~'edera~, iawr such dis~'ribu~ion' modes a7sa ~nc7~ude v'~de€~ __ ~:~~armation, prava.ders, (personal.,' com~nunicatiQns servi,!ce fF~~), and;. ~:rect>~ broadcast sa~e~~.z.te~se~r~.ces when>~ these modes are teed ~.n continual manner to provide M~t~:' to subsc'ribex~s ar users . MVO!: may a~s~ include the provision o~ audi'o programming, data ar ~~.~ ~raz~srnissions independent off" video-programming., _ __ ~k) Nax~na~, 8u.s~.xzess Houa~s'. `T'hose hours dur~.ng ra~.;~.ch tnos~ __ __ ~,~mila'r businesses `in t'he cc~mmuhity ,lore `open to serve s~b~~~~.~~~s __ _....... or users. '' In al.l cases "normal:' business hours" >tnust include same: ~v~z~ing hours at least one z~igh~ per week. and same weekend hours . (Il) 'Narxna~. Qperatiz~g ';Co~.d~.ta~ax~s. Those service conditions; ........:................. • CE3Li.nt~',.: • (~) Person. Any domestic or foreign corporation, firm, ' association, syndicate, joint stock company, partnership of kind, joint venture, club, Florida business or common law trust, society or individual whatsoever. (~) Public Notice. Publication of notice of the time, place and purpose of a hearing at least twice in a newspaper of general circulation in Seminole County with the first publication not less than fourteen (14) days prior to the hearing and the second to be not less than five (5) days prior to the hearing. _ _.. _ (!~) ~e~v~.ce ~riterrrxp~~.c~n. ; Thy .Loss ~~ p~.etu~~ ~?~ found ;Qxz ~s~e ~~ more chsnxzes '< (gip) Street. The surface of and the space above and below any public thoroughfare, including the right-of-way or easement, legally reserved for public use, including but not restricted to: alleys, avenues, courts, drives, highways and freeways, lanes, parkways, places, sidewalks, streets, terraces, ways and boule- vards. (~) Subscriber. Any person receiving for any purpose the service of the CATP system from a Grantee for the payment of a fee. (~) System. The configuration of whatever tangible or intangible components necessary for a distributor ~ to receive ...................... or originate and then to distribute programming to subscribers or users, including those components necessary for the distributor to • monitor the types, quantity and quality of service being provided to subscribers or users. In the case of CATV, the term "system" 9 includes, but is not limited to, ~-lines, fixtures, equipment, coaxial cables, ~~.;>ber optic >~ cab'~.es, 'electrical conductors, attachments and all appurtenances thereto which are used in the construction, operation and maintenance of the CATV system. ~~~ V',id~~ ~n~4x-mati.ar~' Pravx.de~>. (V~'~} . Amy person. o~ °entt~r,< vria.ch is primarily a.nvolved'in tk~e provision `cif telephone services! a. of ~uly;2~, 195; undsrtakira~,' to d~.stribute multichannel. video ~~~grarnming to 'end-'user'. subscr~.bers 'on or after duly ~5, '~~95 or such a ;person ` s' or entr'y' s successor- in--interest . The operator o a ;>video dial tone service oz~ other ~'han a common >: carrier laasis a>.s: deemed; to be a' v~~' `. A' person car e~~ity>~ which would ''otherwise b ~:~9~, sh'all rzot be classified as 'vl~ 'for <the ``purpase~', of ~h~s! ordinance, ' but>. retains >~its ~rig,~nal 'classificatian.> ... ............... _, __ (>t) W~.xe].ess < cable. The distribution of mare `khan one. Seminole County. >~The'term '~w~.reless cable" ~ , 10 • 4 ~ ~ r ~~ -e' . r~ ~ cri ~S C OF'G 1 F17e~'e C ~H3 ~ 2T ~~' ~eYT2~ S 7 CCU T TCt ~ d i ~ ~~ ~ ~ 1 e-€a~l t-i ~x re- e-t~s ~- e ~~-e ~ ~~ d --a~~ ~a-F ° ~ ~e~ T f ~ e e~ r e3~~E-- 3 • e~ a 1~E ~ ~ } ~ ~ t_ ~Tl~ -a l ~ ~ r id- ,-3o ~k ' # t c?^~~6 ' ti ' ~3e e ° ~ T ~ ~ 6z }-~rr ., r, ~ ... ~..,....... ~ "~_ 3E1 6-~- c r E ti, a ~ o E~ c ~ ` 64 ~6 T7 ~ .a ~ ~ ~ cz r ~ cc ~ ~z ~ o i pi 6 ~t ~ ~ - -5~ r' n~ ~ ~ ~u a ~r ,,~ eir--i~~ e-~ e-~kF13~zrc cr- = Lr~-~ 1 ~i~~- ~ir-o e• -~63~- e ~~ r6 ~ , t . t~Y" ~ i r ~~ c -.' • ^ ~c , ^ ~ ~ ti' g ~~-~ ccG G e~$Oi~ S & o~e t6i3- ~ 6- m - - - -- r rr i ~ Sec. 55.§~ Liability. Any officer or employee charged with the enforcement or administration of this Part, acting for the • applicable governing body in the discharge of his duties, shall not 11 thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this Part shall be defended by the County or its representatives until the final termination of the proceedings. employee, department, or board of the County by this Part shall be subject to transfer by the County to any other officer, employee, department, or board of the County. Sections 55.~~ - 55.10 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE II FRANCHISING PROVISIONS 12 • buz~.~..i<x~gs and k~ich ~.ae':s nat crt~':ss ox use a ~ublzc xight of wad is' ` exempt,', from this requirement. Any system which has less .'.than one: (~,). Non-Exclusive Franchises may be awarded by the County for all or any portion of the County to applicants upon a finding that such award is consistent with the public interest and furthers the goal of providing efficient~~~y.: service to all residents of the T,-. ~ ,,. -. ,., „L, ; ,. ,. v -. ~ i v..-. ,...,... ,., ~ 1. a unincorporated areas of the County. P~~~~~r~= ~,_____-___ ~e~.1~TO~tcs~crrFkt3 }c ic-ei~tTre-mzTirc6i~6i~~e-~e~-e~ --t~~ • ~-r~e~~ tie--a ~e-~g ~ e~e~~~e-~ e--~~e~o=ed~re~e~2~_ }T~ - - - - - -„ ~, (!k~?.. ~ub7..c hearing ..~a?~ ~h~ initial: grant a~ a franc'hise'.' ~ ~ ' 'the 'desi~~~e,{~~ _.c~f the Berard of County Commi'ssianer.~ shall '.prep,are ;a rpar~ ~Q: thy:: Board x-egarding,' the>~ award cif a lcens!~ to the ;,applicant, wha.ch`repc~r~ shall>~ cone.der and re~~o~d tq any cammen~s received' _d~.~i~~ the ~:nformal >.ascertaihmen~ of • __ public; opa.ion ~e:gard~.ng f~tl~ ~z~d ~hal.l ; con~ai.n '.the 'desi',gnee (s~ `, 13 de'terrn:n~d' that the app'~i.ca:nt 'has eau.~ed' the> delay.,' { ~) The hoard shal ~. ' cQns~.de~< all ~a~'tars>' r~c~~~.red ~y • ~Qmmun~.ty needs, goals and xzterests,; and alb other factors as tie • ~aixn~y; mayl determ~.ne to be' r~~.evan~ . 'The ',~Qa~d shall '!~.ppx~ove, 14 •; __ d.xsapprove' ar take .'.any ;,oth.e',r action:' it t~.nd~ to be i'n ~h~ publ~~ ` in!te~est:. .................................. .................................. .................................. .................................. Sec. 55.13 Franchise to traverse County. A franchise to install a ^~~M e-r~ or portion thereof within the unincorporated area of Seminole County that is not designed nor intended to serve unincorporated areas may be granted upon such terms and conditions and fee arrangements as may be agre~e~d two betweenc the appClicant and County.~c~~re~7-TSB-~,~T 77 '1 1' ~ J~ ,T1T'~~7T~7TSj-C11T~~ St~.~C-re"9 ~~ j -~0 TTO T~0^1Tf'U1T~S Sec. 55.14 Contents of application. applic~ti~~.~ ox~ rec~u~s~~ tQl rex~~~a :.c~~ tr~~zsf~r a' :~~anchise,' or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere, shall be filed with the Board of County Commissioners or such office of the County as it shall ____ designate by resolution, and each such applications:><:~.rs:~luding,'a __ ~a~.m prov,~ided ;key the Co~.x~<ty~ shall set forth, contain, or be accompanied by the following ~.x~,~c~~mat.~.oz~: (a) The name, address, and telephone number of the applicant. (b) A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following: • (1) The names and residence addresses of all officers, directors, and partners or business associates of the applicant. 15 •.; (2) The names, residence addresses and business addresses of all persons and entities having, controlling, or being entitled to have or control five percent or more of the ownership of the applicant and the respective ownership share of each such person or entity. (3) The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling 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, all rTCZiv-~~ or similar systems owned or controlled by the applicant, its parent or subsidiary and the areas served • thereby. (4) A detailed description of all previous experience of the applicant in providing ~~ service or related or similar services. (5) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the County, 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 system in the 16 r~ LJ County, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this County. (6) A statement identifying, by place and date, any other e-a~~^ ~~~ ^-~; ^~ ~-' MAD franchise (s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant's and its parent's or following: equipment necessary to become operational throughout the entire area to be served. (3) 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 any said classifications, 17 c: including installation charges, service charges, and special, extraordinary, or other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail. __ ~~) 'A d~tax.~ed s'~atement'set~!;~.ng fore: proposed ~zgna cax~ria~e a~zd a~l~icati©ns (5) A detailed statement describing the actual equipment and any subscriber. (e) A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which shall in any manner, directly or indirectly relate or pertain to or depend upon the application, or proposed franchise. (f) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility providing for the use of any facilities of the public utility, including, but not limited to, poles, lines or conduits. (g) Any other information pertinent to the subject matter of such application and requested by the County. 18 C] ~h) >A copl<eted a>.ffd~vit ' farm provided. bar', the !Cc~unfy.,' ( ~. ) ~ co~ple~ed >~ legal aid chaxacte~ ' qua.J.a.~~.atians ;fart prouided b;y the Gount.y.,', (~rj) An application fee in the sum to be established by the Board of County Commissioners by resolution, shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, which shall not be returnable or refundable in whole or in part. Sec. 55.15 Term of franchise. Each franchise granted under this Part shall be for a term of years as agreed to by the applicant and the County. In no event • shall the franchise be granted for less than ~c-~-'~Ts~.x (',5),, years and no more than fifteen (15) years. Nothing herein shall prevent the renewal or extension of a franchise at the end of its term. Franchises existing at the time of adoption of this Part shall continue for their previously established term. Sec. 55.16 Service requirements. (`a) finless ~ waiver ~s .granted;, by tThe;G4unty,.:Grantees ~ahi.ch offer CA..`~'V ~erviGe cuxen~l,y or> ~n ',t~ze future shall provide CATV service to all unincorporated areas of the County (present and 19 • this _ ?~~'t ,', within f ive ( 5 ) years of award of f ranchi se or F . C . C . approval, whichever is later. A minimum of twenty percent (20a) of those areas eligible at time of franchise award shall have service available within the first year and an equal amount shall be cabled each year subsequent until construction is complete . ~~ ~} ~„~'~~"'" ~~ gee-e~~e~~-~t-~rd~r~~~i r~~-e~-~,~~~-e= Sec. 55.17 Waiver of service area requirements. Notwithstanding any other provisions of this Part, the Board of County Commissioners, upon written application of any Grantee, may waive, after public hearing with due public notice, the • requirement of said Grantee to provide service to any area of the County upon a finding that the area subject to the request is 20 • currently receiving CATV M~I~?;service from another Grantee and that the granting of the waiver is in the public interest. A request for waiver, as provided herein, may be made part of an original application for non-exclusive franchise. Sec. 55.18 Grant of non exclusive franchise. A Grantee shall have the right and privilege, to construct, erect, operate, and maintain in, upon, along, across, above, over, and under the streets now laid out or dedicated, as well as all County subject to the conditions of this Part. The County shall not be required to assume any responsibility for the securing of any right-of-way, easements, or any other form or type of permis- sion, including permits and agreements with other persons or utilities. Sec. 55.19 Rights to use streets not warranted. It is understood that there may from time to time be within the County various streets which the County does not have the unqualified right to authorize Grantee to use, because of reserva- tions in favor of the dedicators or because of other legal . impediments; therefore, in making this grant, the County does not warrant or represent as to any particular street or portion of a 21 street that it has the right to authorize Grantee to install or maintain portions of its system therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the Grantee. Sec. 55.20 Franchise: subject to prior grants. The right to use the streets herein granted is subject to the terms of all rights or franchises heretofore granted by the County, and to the terms of all rights or franchises hereafter granted by the County to companies primarily engaged in the rendering of public utilities service. Sec. 55.21 No property rights conveyed. Nothing in this Part shall vest in a Grantee any property • rights in the County-owned property, nor shall the County be compelled to maintain any of its property any longer than or in any fashion other than in the County's judgment its own business or needs may require. Sec. 55.22 Acceptance of franchise. €'~~: Franchises granted hereunder shall become effective when a Grantee files its written acceptance and posts the bonds and 22 No franchise granted hereunder shall be construed as a franchise, permit or license to use any ~T~,~-A~~I~ system for purposes other than those specifically set forth in this Part. Additional uses allowed ~f`MU~3,ope~~a~s by the F.C.C. or State law, may be incorporated into this Part by agreement with the County relative to fee and service charges as well as minimum technical specifications. Sec. 55.24 Jurisdiction of other regulatory bodies or agencies. Nothing herein shall be construed to grant a Grantee any right or privilege lawfully within the jurisdiction of any other regulatory body or agency. 23 • Sec. 55.25 Company administrators. Grantee shall notify the County in writing of any change in administrative officials or corporate officers of Grantee within thirty (30) days of the change. __ __ __ :Sec :' S'S . 2 6 ' ~?~acedu~~s >tox~ the renewal. a~ ~raxzch~,~es S:':f a Grantee desires a fo~ma~.' franchise x'enewa~. pra.~ess ~.xz accordance' with ~`7 U. S, C. § ;<~46 {>~a9 -- {c~) , it s~t'a~,i nati~y the Count within' 30 'ta 36 months af'' the franchise ep~.ra~~an date. ' 'I'h ~orma~.>~ franchise renewal. praces's w~.7.1 be conducted ~n ~~~c~x'danG~ kith 4~ t~. ~ . C. ? X545 (a) -',(g) ~,'. ._ ~we~. 5',5.27 Transfer c~f> frachx.~° only ~~,th :~pt~~ty~~ apgrav'al. The p~ovi~ians of this .'.section have k~een`adap'ted t~ ~u~pl~~ent, • tk~c~se of 47 U .:! S . ~. ~ 5'3 `~ and are to be ,.sa construed ._ (a) Where; ownership or co~.trai of`' mare than twenty', percent ~~ q) of the ra.ght »of control of a Grantee is to be acquired ~y person>' or a group,'' of pers'ans 'act~,ng in concert, n.ane of what a~:'ready own. or'' control ''.twenty percent {~^'0 a } or more of such r'ight' • tp, the transferee's experience in Mt7I7, its record of technical and custatner servzce, ;:: ~,~:~ record 'p.f ~:~:nancia~.:: re~pansbzi~,ty, xts 24 •: record! of adhere~G~ to a,gx~eenents an:~ r~lev~~t statute ar~d axdinan.ces; and after consideration ;,off the impact o~ ;;the 'praposed t.~ans~'er upon >.t~e >.transferor`s ' and` tra~zs~eree" s subscribers> and: upon the MAD-related goals, needs :and 'interests of< the,, genera:; ~omrnunty ncludingi, lout not' limited `<ta, the zrnpact off' the ,'propQSed tzans~!er span the degree a~ oompet.tian z.n ', the 'e~~~Gti~'e maxket'. served`>by the ~rans~eror and transferee.>' (b} LTnle~s this subsection is e~spress:~y wa~.~red ~.~. w~~.~~ng b~' t~ze :: County, each and every', transferee shall. assume ' axiy' and all __ _ _. '.4c ~ ~ ~' a> traxasfex~ is> between two,' (~ ~ Grantees under tha.s .... Fart, ' ane ' fra~chi se sha~~',.,nat,' be ' abaxadoned without tk~~ pr~~~ ap~aval of the County.. ~'e 1 .The provis~.cns o~ ....tl~~.s sectxan sha~.'~: a;ppl.y' to :::...any ~:xansa'ctian, invalv~ng the transfer 'off ~wnersh~.p,' ar >~cantra~ ~~ a serpo~atian o'r partnership ar ' any,' other enti~',y which holds a controlling interest in a d~rect;< Grantee >.under this Fart as if such Corporation, partnership ar! enta.ty were a di'x~ect> Grantee.>~,' '(~ ;When!' a Grantee under .this Fart whi>.ch awns or controls a ~ system in' a caiznty 'or municipality. >~the ''territory of 'whic'h ~.. __ _ __ ___ continent with `the territory .caf unincorpp'rated Sem~:na.~e Ca.unty: az~d ;, • ~axch enters ~.nta' necratx~~~.~xzs ar any ather ''>discussir.ris >.wzth ari~~~:er t~:axty that' cc~u:~:d r.~.~~~.t wi~'h:.iz~;:»:a dive..:. (:5l year,:>periQd:::::.xn 25 r 1 LJ Sec. 55.31 Plans required. All installations shall be done by Grantees in accordance with plans first submitted to and approved by the County, and the County shall give prompt consideration to such plans, or revisions • thereof, when received from a Grantee. As-built plans shall be submitted not later than sixty (60) days after construction or installation is completed. Sec. 55.32 Permits required. Grantees shall not extend their systems, erect any poles, run any lines, make any attachments, instal]: any ~.nter~~.a install! any relay. devid~, ~nsta~.~: any satei~ite 'dishes o~ x-e~~ivex~s,> nor shall any construction of any kind be commenced without the prior approval of the County and acquisition of necessary County building, right-of-way use and other permits, unless u~d~r'th~ Sema.n.ole Gaunt bode or' Land I3evelpprnent Code' the: c~ccu~~.nt or ~;wne - .. ,::~ c~ a r!esidez~ce' is not required ''~~ obCaiz~ a perm~.~ . • 26 ~J Section 55.33 Location/relocation of facilities. .~ , (a) Y~~en ', app~a.cable ~a the made (~} ~f Div be~,r~g ~mployed,i. Grantees' systems may be installed aboveground in areas where existing power and telephone facilities are above ground, and shall be installed underground in areas where either existing power or telephone facilities are installed underground. Grantees shall endeavor to enter into agreements for the purpose of sharing facilities with any person, firm or corporation now or hereafter authorized by license, franchise or otherwise to erect and maintain overhead or underground wires and cables, it being the intent hereof that all aboveground installations of CTST~F systems shall be accomplished on existing utilities poles and easements where • feasible, and installed only parallel to existing facilities. Where new poles are installed, prior approval of the County as to location must be received. (b) Grantees shall not place any fixtures or equipment where the same will interfere with any gas, electric, telephone, sewer, drainage or water lines, fixtures, or equipment, and the location by Grantees of their lines and equipment shall be in such a manner as not to interfere with the usual travel on or proper use of said streets, the use of the same for the installation or operation of gas, electric, telephone, water, drainage, or sewer lines equip- ment, or the rights or reasonable convenience of owners of property which abut any street. (c) Grantees shall relocate any above ground portion of their systems underground in any area where existing power or telephone 27 • _' facilities are hereafter so relocated. Any such relocation shall be at their expense, and such relocation shall be accomplished concurrently with relocation of any such power or telephone facili- ties. (d) Grantees shall have the authority to trim trees upon and overhanging streets of the County so as to prevent the branches of such trees from coming in contact with their wires and cables . All trimming shall be done under the supervision and direction of the County and at the expense of the Grantee. (e) Grantees shall promptly and at their own expense relocate or modify any part of its system which the County may request in connection with the abandonment of any street, or to accommodate • the abandonment of any street, or to accommodate improvements to any street, or to accommodate sewer, water, electric, communica- tions, or other facilities occupying any part of any street. (f) No location of any underground or aboveground facility or structure of any Grantee shall be a vested interest, and such poles or structures shall be removed or modified by a Grantee at its own expense whenever the County determines that the public convenience would be enhanced thereby. (g) Where poles or other wire holding structures already existing for use in serving the County are available for use by a Grantee but the Grantee does not make arrangements for such use, the Board of County Commissioners may require the Grantee to use • such poles and structures if the County determines that the public convenience would be enhanced thereby. 28 (h) Where the County or a public utility serving the County desires to make use of the poles or other wire holding structures of a Grantee, but agreements thereto with the Grantee cannot be reached, the County may require the Grantee to permit such use for such consideration and upon such terms as the County shall determine to be just and reasonable. (i) A Grantee, at the request of the County, shall temporari- ly raise or lower its overhead lines to permit the moving of buildings. There shall be at least forty-eight (48) hours notice given to a Grantee of the proposed date and route for movement of such buildings. The reasonable cost of temporarily raising or lowering of such lines is to be borne by the person or organization . moving the building or buildings, except in the case of a govern- mental body or agency, in which event the cost shall be borne by the Grantee. Sec. 55.34 Safety. (a) A Grantee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices as are reasonably required to protect all members of the public having occasion to use the portion of the streets involved, or adjacent property. (b) ~~A Grantee shall at all times employ due care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to • cause damage, injuries, or nuisances to the public. All structures and all lines, equipment and connections in, over, under and upon 29 the streets of the County wherever situated or located shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair. ~~fi ~rant'eel shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the American Insurance Association. Sec. 55.35 Restoration. In case of any disturbance of pavement, sidewalks, driveways, or other surfacing, grass, other landscaping, or buildings, Grantees shall, at their own expense and in a manner approved by the County, promptly replace and restore such places so disturbed in as good condition as before said work was commenced. Sec. 55.36 Inspection. The County shall have the right to make such inspections as it shall find necessary to insure compliance with terms of this franchise and other pertinent provisions of law. The County shall have the right to require the Grantee to provide and keep accurate calibrated test equipment on hand in the County for the testing of all service and operation standards in this Part and shall conduct such tests as requested by the County under the supervision of a County representative in order to establish the level of perfor- mance of the system. 30 Sec. 55.37 Rights of County to prosecute work. _, Upon failure of any Grantee to commence, pursue, or complete any work required by law, ordinance or by the provisions of this Part to be done in any street or public place, within the time prescribed and to the satisfaction of the County, the County may, at its option, cause such work to be done and the Grantee shall pay to the County the cost thereof within thirty (30) days after receipt of an itemized report from the County. Secs. 55.38 - 55.40 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE IV LIABILITY AND INDEMNIFICATION Sec. 55.41 Indemnification. It is expressly understood and agreed upon by and between each Grantee and the County that the Grantee shall save the County harmless from all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever arising out of the construction, operation, maintenance or removal of the system or any portion thereof by the Grantee. The County shall not be liable to a Grantee or any other person or persons for any damage occurring to the property of the Grantee caused by employees of the County in the performance of their duties, nor shall the County be held liable to Grantee or any other person or persons for the interruption of the Grantee's service by actions of County • employees in the performance of their duties. 31 Sec. 55.42 Liability insurance requirements. Each Grantee agrees to maintain and keep in full force and effect at all times during its franchise sufficient liability insurance coverage to protect the County against any such claims, suits, judgments, execution or demands in the following amounts: (a) $100,000.00 per person in any one claim or demand. (b) $1,000,000.00 as to any one incident, accident or occurrence. (c) $100,000.00 for property damage as to any one incident, accident or occurrence. (d) These sums are a minimum coverage and do not preclude any larger sums on all coverage or any part thereof as may be required • of a Grantee by the Board of County Commissioners at the time of franchise award or any other public utility company in the County who has granted permission for the use of its poles and/or conduits and appurtenances. (e) The policy mentioned in the foregoing paragraph shall name Seminole County, its officers, boards, agencies, commissions, agents, employees and its successors or assigns as additional insured. (f) Written notice of cancellation, modification or reduction in coverage of said policy shall be delivered to the County, thirty (30) days in advance of the effective date thereof, provided the coverage meets the minimum standards. • (g) If such insurance is provided in either case by a policy which also covers the Grantee or any other entity or person than 32 those named above, then such policy shall contain the standard cross liability endorsement. Sec. 55.43 Initial performance bond. (a) The Grantee shall, within thirty (30) days after the effective date of a franchise granted under this Part, post with the County a performance bond in the amount of $250,000.00 or such other amount as the Board of County Commissioners may establish at the time of franchise award. Said bond will be returned at the end of five (5) years to the Grantee or at such prior time as the system has been completed and approved by the County provided (1) That the Grantee has met or exceeded the construc- tion schedule required by Section 55.16; and • (2) That the Grantee has in good faith complied with all the terms and conditions of this Part as well as the rules and regulations herein required and permitted. (b) If the Grantee shall fail to perform the obligations heretofore set out in this section, the Grantee shall forfeit in total to the County the hereinabove Initial Performance Bond. (c) Said Initial Performance Bond shall not be in lieu of any other guarantee or indemnification contained in this Part. Sec. 55.44 Permanent payment and performance bond. (a) Each Grantee shall within sixty (60) days of the effective date a franchise is granted under this Part, furnish to the County a bond in the amount of $ 2 C~ Q , 0 d'(3 . Q t)i or such • higher amount that may be established from time to time by the Board of County Commissioners by resolution. 33 (b) This bond shall remain in full force and effect through- out the term a franchise is granted under this Part to guarantee the payment of all sums which may become due to the County under this Part. (c) This bond shall also guarantee the removal of the ~~ MAD' system upon termination as set forth in this Part. (d) This bond shall also guarantee to the County the performance by the Grantee of all the provisions of this Part as well as all laws, rules and regulations herein permitted to be adopted and enforced. (e) Grantee's failure to comply in good faith with the terms of this Part shall cause the forfeiture of this bond in its • entirety to the County. Sec. 55.45 Insurance policy provisions. (a) Resident company and agent: All insurance policies and bonds as are required of a Grantee in this Part shall be written by a company or companies authorized and qualified to do business in the State of Florida. (1) All such companies shall, if possible, be serviced through an insurance agent doing business within the County. (2) Certificates of all coverage required shall be promptly filed by the Grantee with the County. (b) Notification of Claim: The County shall notify the Grantee within thirty (30) days after the presentation of any claim • or demand, either by suit or otherwise, made against the County on account of any negligence on the part of the Grantee. 34 (c) No franchise granted under this Part shall be effective unless or until each of the foregoing policies of insurance as required in this Section have been delivered to the County. (d) Neither the provisions of this Section, any bond accepted by the County pursuant thereto, nor any damages received by the County thereunder, shall be construed to excuse performance by a Grantee or limit the liability of a Grantee for damages to the full amount of the bond or otherwise. Secs. 55.46 - 55.50 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE V SIGNAL QUALITY REQUIREMENT • Sec. 55.51 General standards. hereafter be installed and in use by the County or any persons in the County:; and so>. that. the sound ievel flf .'.each of >.the 'channels' delivered by ids system>. wild. be »fotz~zd to>.be a':t ar~> ~.dentical volume' _..... ~,f rnea.sured using a> staz~dar transmx,~~ia`. Systems shall be main- tained in such a manner as to prevent radiation from its facilities in excess of the limits specified in applicable rules and regula- tions of the F.C.C. 35 (b) fie-Systems shall pass standard arzaLogu~ color Television 3 and, FM signals o7: 'than m~s~a~ns without degradation. ~.d-}-(~}''; fie-Systems and all equipment shall be designed and rated for twenty-four (24) hours per day continuous operation. Sec. 55.52 Technical specifications. C-1~T~~ ~~~ ~t,and.ards . " ~ systems shall be installed-a~rd,;i ~:~aexated a~:d maintained in accordance with the highest and best __ _. accepted standards of the industry fC~~ 1,.;~ach fQ~'m c~ ~~7 to the effect that the subscribers or customers shall receive the highest 36 ~". -/ 1 T.~ ,., ~,, „ l C~.-..... _ ~ ~., ,, } !"'~ T T T TTT l-7 T Z TcTT-rcC'lYYI-1 i-~ _ _ _ y_ _ rGT~re~.9~e-~ .. ~~'=s / / / '" C~S'$0 / ,~~~7 .~T-~~'CC'7 .~. Te'~'e~'~'e~j ~ Ct'C~tI'~~l~Z. Y~T~.F _.] L. 1. } L, ~~~~ ' .. L. -. l l ~te~e~~'e-Ctt'~-CL~rttt-t~c~~ ~ i ~ ~ ~... ~rerr~ ee~rt-~-i-~~~r~i-~-~~t~-ems t e--~~~F~-C-~' - "~ - = ~ = ,.., ~ = - -- - , ^ L- - T7~~.. l -. .-. T T ' TTT "}~}l'~S'V~I7 TTGr1T~~'e~eTiT~Ce~T~~.Y. . 2LL a • ~~ -.}~ -r--------------_ -~-P~-w-~~ 1~TOLr~_ , ya ... ti.. __ _ ~i--c~~I~o' ~ ,. ti.... ~ ~ ~„ ~ 1T.T~rCE~rrT~~'c_L~ ~ '~ - - ~ rG~reeZ .ry. 2'Q .T~7 T T ' TTT "]~}~T'0~ • 37 M • -~~-1-}--A3T~~~~e~--a~~3~~re~e~~-fie e~-e~,,~ 1 ~~~ • ~et~re-~ ~ee~i:~~'xt~~i a~e~-~~g~eao~re~-€e~~e~~e-~ ~efl; b A7 3 g i n g 1~7-c~~e~tc"rr-c~.-cc-c i iii. l-G- ti~l7 G£.i6~--q~~'••'rr-r, +r~~Ya~e--~Z~~--6 i ~ ~ _ - - ~ ~ ~l ^ ° ~ ` ~-~ ~ - ~ ., .. .. ~ ~~r ~~e ~te~r~ ' ~?- -~~- e~r-~r~e - ~ r~trg e e T J q e i - - ~ ti t a ?~~ - ~ ~ -}~.. } ~, ,. , ~ } , , ,~.. ,~ -ems ~ ne-~ -~~r r - ~ r ~ ~ e ~ ~ ee e ~ e ~~ ~ ~ Y i t ~~ ~~~ } ~ ~'~ ~ = - i sr-a~r e-e-~~ e 1 ~p ~ ~ ~e-- ~€ -~ -a e ~~ ~ ~~i ~~' , ,~ e~~w ~e~ee ~ r - ~ - -b~- ~~ - ~ Ta e-~:n e-~ ~e}~ b ~ ei P ~ r~~ e a e~ e • c~~~~i-t-~-tote-~tc~a}~c~r~,~e-~ i gt~~e~Pd~'~-s~~-~~e~~d~'T~zr ~~ 39 0 ~~ • • • {~-~-7--~~-~~Y~~---~3~~9 E'~'oT~e-P_--~?±~I~~~~~6iia~ ~~ c-citccQ~iix ~'~'p ~~rE.`E~-~-6ir.~-cr~~E~ "'"c~izzz-"c ..,., ~~~P~O--~2~-Y-~~c~-r6~izi~cTr2-~-61°i~6# J t, .. ~. +- .. ~ ,,....,.. .. b, _. ,.. ,.. ,. ~ 41 • T47-irt~rre--~LBu~ce e-~zti'x-.T~z~~~-l~,-.".' ., ~,-., ,. ~e•e•e3~o~cr~Te---R~.~ '~-~i~: ccrae~o'-uri-~cT6i x---a i~ i-v=-=-, ~ I, } ,• ~ Secs. 55.53 - 55.60 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE • ARTICLE VI SERVICE QUALITY Sec. 55.61 Extent of service required. (a) System Capability. The Grantee's distribution system shall be capable of carrying at least ~3rA-~-pne hundred (~t}~} television channels and the entire FM radio band to each subscriber. Each Grantee shall at all times operate a minimum of -vae~rt~~i~~--'~rs~.xty '(~a) 'te~.~vis.~o~ and t~verat~ f ~~e f 25} Nadi. channels, unless otherwise preempted by the F.C.C., and provided that such channels are available. Each Grantee shall e ,;' ~'~~ ~d!~d without charge unlimited time on at least one local government access channel, the allocation and use of which is to be determined by the County Commission. ~'hi~' ~.oc~`~: aav~;~~n~h~! • a~~~~. chancel=.x~:~.aui.x>ement ~.;~..i. >~be suk~~:~~~~ under the' rea~r~~ents ~:e.t faxth::`':ir~ .~~c ~5...1.:~ with the ded~:c~tiorz by a G:~ant~e of the: 42 ma~rnuz~ amount 'of bandw.~~th <zeau~:red 'by ~'eG.: ~ .:~.~'9 , 7~. Grantee, may apply ,;to the County for a >temp,orary reduction a.,n the number o~ c~r~nel.s ~t is to,,, provide, i~ the Grantee can snow that thy'. ~~,'~egong standards.'. cannot be met tec~no~.agica~.~,y u~.der tk~e ha:gk~~~t __ aid best s~~xxd~.?~~.~ ;cif ::its 'ndus~~.y .,' (b) Service Advancements. (1) When equipment becomes commercially available and economically feasible for new "state of the art" services, Grantees shall develop such offerings. All such new services offered shall conform to the highest industry standards such new "state of<th~ apt" ~;dva~.ces ~.n~~.ude, .but :are ~~~ ;,lzrnx.~ed to, ';advanced.'. telev~- s~~~x;" ': (~'~'~l) , "hx.g~' resolutlion" or "high d~fina'tion" television • (S~R`I'~I/H1~'~*Vj and other services .nvo~vixag, the broadcast of d~.g~t~1 (2) It is mutually agreed upon and understood that as the "state of art" develops to allow additional channels, service, and other improvements to the system, such developments shall be incorporated into the system by Grantees as soon as practically possible and economically feasible. ~f the d~.st~'zbut~~x~. by ~~~nte:e of>~ "Mate of the axt services",>. such a~ those employ~.ng • ~,~g~tal or h~<gh definitionJresolut~.on' signa7,s', proves ta' b~. x~c.or~p',atib;~e with v~de~' rece~,~ers c~rren~ly being', used by r~~~.d~n 43 • . the ~'.:C.C.>., and, in addition, stereophonic signals of any c~c~t~estic' • station using that mode of transmission shall be faithfully reproduced i~t-l~-e~~e-~~ the G~a~~e . (d) Choice of Programming. The specific programming content for both commercial and non-commercial stations shall conform to F.C.C. standards. (e) Stations. The Grantee shall carry all ~~~~~o-~z-an stations as required by F.C.C. regulations ©f,'MVD'~ys~em ©e~a~;~r'. (f) Color TV. -(~}-When the signals ~o be' distributed are received in color, they shall be distributed in color. • 44 • Sec. 55.62 Operation ~' ~~-~~~~~ of the system. ~~e f-a~a-a-~e~T,. ~ ~ ~, ., , , ~. ~~eee~e~e~~ ~ ~~~r .. , , ~ i... , .. ,.. ~ , ,., ,a - - - ~ , .. , ~, ,., ,. ~ .; .. ,. ,.. .... ~ , . t-„ , ~ ~11V l..LV„w7 N~ MN YT fly---£~~eep~-ren~~~ c g~e~a~e~e~re--pe-~€e r~a~ree~ ~~ e~-~~-a-~re~~e;o=e~e~ • eat-ads ~. ~~e~~~t~cy~'~-C--~,-~r~-a-~r~e~t ~~.?_ Ede.. r ~E1~ea-~t-~i~~ii~~l~i~sc~i ~~rei~ e3cT~`'-~re--r-a~-~-~'F~' •• } ~ ~ } ~ cTe-~G:~-uirce~ 45 CJ ~evr~~a'~ ~.~n','' ..................................... ....................................... ...................................... ......................................... ~} The Grazx:~e~ sh~11>~ ma~.r~t~.~.n az~<.cz~~~oe w~.tkz~.r~ the. ~oun~ gat ~s adequa~e~.y sta~~ed acid open ~o ~h~: pula~.ic during a~!~ no~ma~: ~u',si~.e'ss hours . The c~~~~ce s'ha~.~: k~e ! c~pene~ .when the' Gran~e~ ~4Tt~mE:nCe~ cons~ruct~.,on. repa~,rs mad be > rece ived' a~.: any ~ ime ' ~wert~y dour (2 ~ ~ ' hours a ~.yfi; ea~:h d',ay of the year .' ~~~ Knowledgeable'„ qualmzed cc~mpaxay repreen~a~Cxves `cvi].'1 k~ €.d~ tlnde~ n.o~mal operating cc~rzditions, telelphone answer dime ~y a cu~tc~mer serv~.~e representat~,~elf ineludn~ wait time, and ~~.~; ~~rrte re~u~.xed to t~anse~ ~h~:;.: ~a~.l, sha;~.l nc~t . .e~ce~d thirty (3~~' 47 .., <: se..cands. Grantees !~hat.;:utz~~..ze automated araswex~~._xzg aid d~~tr~.but- ~.ng eq~~.pment will timft thee. numk~er cif raut~.~e rzrgs tc~ four (4') off, fewer .' Grantees nod ut 'l zz Ong automated equa.pment sha~.l make e~rery e.~':fart>' to > answer `ln~oming ;; cal3.s as p~ompt'ly as the automated! sstem~ . ~erc~nt of abandoned teJ.~~hone' calls aut of tat'al calls rece~.ved Thal l nog emceed` tern (1,Q) percent, aver',age . These ~.~landa'rds shall be net Slo less than ~~.nety (9C~} perce~lt of :'the t~.me measured an. an~.t~;a~. ba~:~.s' baked upon. ,thy r~o~t' recent. ~ou~ ', (4 quarters (~) Under normal:': c~~~~a~~,ng candit~ans, the e~stciier w~.ll' receive a lousy s~.gnal less khan three (~},' percent <4~ .tk~e to~~.~ ~xt~e' • ghat the Grantee's of f~.'ce ~.s apen fcr bus~..ness . ~f) ~ustamer >~ser~ri.ce center and bill p,ayment.. lccat~ax~s ~~.ll (q) Under naxmal a~erat~.ng candit~.pns, 'each of .~>~e ~~lowing fpur '!(~} standards wl~.~, be met na less than 'n~.ne~y f:~,~'e (9~}`. g~rcent of>~ the time measux~:d on an annual >.l~aszs based. upon the preG~di,ng ,four` (4} ;quarters.> ~:1) 'Standard installat~.a~s . will <>: be ',per~rmed ...~ua.thin ~e~ren ', ~~) .:lousiness days after an Order has been ! p~.aced; prav~ded t~ ~xante'e has been abbe. to cibta~n any necessary `,eas~~n~nts Qr __ other can~~n~s necessary' tci cr~mpl.ete 'the lr~~t~ll.a~x.ons:. "standard" 48 • inst~l!~,at.~..a~ts a.x-e up to'.:~ne hundred twenty--~i.ve (~.~~~ ~eet,';~ro~' thy: e,~st~ng d~,stribut~©n system.'' 'f~3 ':~xc~udirg those situ~ti~n. b~~'an~.~he c~n~~~I. r~' thy; Gx'an~~s , the Grantee wi J:1 respond. to 'service interrupt ~ ons `prpm~t~:~r ~,d a.n` nt? ~v~n~ ~,a~er than twexa~y-dour {;,2~ ~ .hours . Other serv~.Ge pxob].e~s will be responde~,,;ta ,~vt~~,n thirty-~.ix f3~~ <.h~u~s du:ra.ng tie` nc~rmal> work week .>~ '{3} ;Appo~ntmeut a1.t~~n~tves>;fQ.r ~:nsta'I.~.:atzon~.f. serv..~.ce! ca3~s,' a.nd" other irista]:!Iation aetiv.ities wi~.~. be>.: €a) '.marrzirag,, {b~ ~~ternapn, and >. €c~ aa..~ day dur~.n~ ~.ormal. business .hours . Addit~..c~n-- ~~],y, based on community needs, Gramees wi~.~ schedul,e ~upplem~,~ta~; • hax~rs Burin which'appointments':can be set. {4 ~ ' Sf at any time an> instal.l.e'r or` tech~.~.cian ~.s ruxzz~zn lie, ,;an ~tternpt to contact the customer wi~.l'be made '.and't~e' __ __ ~ppoih'tmen~ reschedu~.ed as nec~s~ar~r a~ a ta.r~e wh~.ch ''~.s c~nven!ient ~~r the cu'stc~mer .' _ _ _ __ (h) '~~ :grantee sha~~. n~~ 'miss,'twQ ;(2~ car~secut~,ve se~v~~e ~~' insta~~.atioz~ appointments scheduled w~.th a gaxtcu~:ar su~~cr'xbe~ unless res'chedua.ed one ' € ~. ~ day in advanc.~ . €,i~ ach> Grantee 'shat.>J. ~.ntentiona7ly int~:rx~upt 'ser~rx.ce 'only €'~ ~ ~n t'~e .went.:. that total. 'serva,ce ~a any ;. subs~~sbe:r x.s ~.nterxu.pte~: ~ra~ tv~ent~Wfour. {~~~ 4r >mare,': hours due to the' faint p~! 49 • whx.~hever >occurs fixst !. Nothing in this subse~tioh 1.ir~ats :the Grantee from a~pl.~ing ' a rebate policy more liberal. ~ha~x ;the .:............................................... ~eq~ix!em~nts .' - ___ __ (k) In a~.~... ~ztuat>~.on~< where Mt~`~ ~e!rvice ~.~ e~isru~t~id ~€~:'~w hundred (2IC1a l pr more subscxibexs fax a> tame period ;,gr~atex .,~hari _... __ ___ __ faux €!~ } hours':, .. tla~: ~ra.~tee shall !noti',f~ h~ Caunt,~x`,s d~~xgnee ~.med i'at e 1:~ . (';l.) .:All, f~.~~;d. emp7.pye~~ moist caxr~;;~.d~nt~ficat~.c~xz ~.ne~~.Gat~:ng ~e~.~ _~mplo~tnert with t'he Grantee . _. ~:~:~ Upon. " te~minatian ' of service to 'any ' sub``cribe~, 'the ~~an~~~ shall pramptl.y ;remove all.:.paxtipx~s a'f its system,,' fac'il.a-- tiles aid equipment from ::the sul~~q~'~.ex` s ..premises ''u~~~> k~~.s ::request . _ ___ Y~here removal is impxac~ical:!, such as with bury ed .~ak~~~ or `interna.~'. ~virl.ng;, fac~.Ix~xes and equapme~z~ mad be< di sconn~~~~~:::::::hex~ th~rz re~a~~d:> ............................... .............................. .............................. .............................. 50 • _____ ___ (6 } ' T~~:. t~~.~phc~ne nuimber' and' address'. o~ the !~~uxa~~t' • ~~~zce>~ des~.gna~ed ~.~s.: 13andle _ c~~tp].~~.r~ts and: inqu;~~a.~~ abut ' 1~~I? ___ t'7) >~The Gra~i.~~° ~ ~.~~ara;~~.~~.:;q~ll'ectic~n ~~xd dx~c~.osure' (a) ~i1.1~ will be> clear, concise anal unders~~n~able'.>~ __ ~;p}. e~urzd checks>~ will be issued promptly, but ~ later.;.t~a the earlier of <~orty--five t~5~ days car the custamer's':ne~t' billa.n cycle >~follc~wing the resolut>~ic~n of the request, and the return. o the equipment ~upp~.',ied ,key the Gr~~~~~ ~.~': s~r~r~ce' ~s ~errna.z~a~ed.! • :. 51 ... car fee' on ~.~z~ ~~tount die ~~` x~~~~~~~ ~ex~v~.c~ ar ~auipment ~~n~al' • u~z~.~ss', x~avr~.~:~t far> such ~acr~am ...~.~.~yx~:e or'' ec~u<~.pment r~.n.~a.~...::~s' time fC3~' wkic~ : '~.~.r~~.,ce car ~ rental were x~rovided. ?the Gxa~e~ s~a1.~ • not 1e~x ~~ a~z~ ~ '1 ate fee ;« ~at:e !!x~a vrnent "', .F . def. ~.nt .. ~uenc'y charc F~ ~~ ©r 52 • acv si~~.~.a~ or '!er~u.~~~.l~t charcte' ~r ':fee w.hick~ ..ec!~eds >~c~.~e >and ;;owe-' half ~. .~.:.f..2) ~~~c~~t a~' t~.~': ba:l.a~.c~ 'dui Sections 55.63 - 55.70 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE VII PUBLIC SERVICE RIGHTS Sec. 55.71 Public service. Grantees shall, when requested by the County, provide e-ab~e ~k~ service, without installation or monthly service charge, within the County, and when~~-~re~-n~oLe-t~;e.' reach o~ ~.ts' ~erv~ce h~~ been extended to within five hundred (500) feet of the named • facilities: all public, private, and parochial schools, airport terminals, all public libraries, County-owned recreational buildings, County Courthouse, County Sheriff`.'s i~e~~t-ate-art-~ff'~.,ce, County Fire Stations, public works building, and other buildings When appl;xcable tc~:,~ Grantee,> ire County shall have the right, free of charge, during the life of this Part to maintain upon the poles or underground conduits of the Grantee within the County boundaries any such wires or fixtures in which the County may have an interest, provided there is space available and provided the • effect of the County's utilization as set forth above is not unduly harmful to the Grantee. 53 • Sec. 55.73 Emergency use of facilities. In the case of any emergency or disaster, as determined by the County, Grantees shall, upon request of the County, make their systems available to the County without charge for use during the emergency or disaster period. Secs. 55.74 - 55.80 Reserved. Chapter 55 PART 1 `}. FRANCHISE ORDINANCE ARTICLE VIII REPORTS AND RECORDS OF OPERATIONS Sec. 55.81 Required Reports. $cz'~sr-c7.~3~cc-~13 "'-crr~rz~r~r _ ri. ~~~e~: er_rl~t • T-~,•, } ~ -, +- .-• j~ i ~~ ~ye~a eep~-e ``-' lY-~~~r~ --`~-€e-1-~e~r~rg~e~e~r ~d t e i~ ~~i:-a~~ fie- t~~,=~~i t~ri-n~~re-C e~~--ea~eg e-~i-e~ 54 • '{~} ~ summary of>: ~h.e `preva.©us` yeas' ~ acti.v.~~.~es ~.n ~h d~velapmen~ of >:the :system, including,; but xaot' ~.~,mzted>:ta, servx.ces. :. begun or dropped, the previrus year ` s construct ~.on apt ~va.t ies `; and. ____ a '': summary o~ any pc?l icy', changes takzng e'~ sect during ,',the ~~ar: __ {~ } A current copy off' the' subscriber service a~~c~~z~e~:` t3 } » 1~, ...~~~smaxy c~ su~scr~.be~'''. ©x ::;consumer:; csmpla~,n~~;> • a.~ez~t.ifying complaints by number and category, and thea~_ da.sposi- tion . Where comp~.aint's involve recurrent ;,system ..:~~~k~~*~s, 'thee. ... .................................... mature>' of each prob~,e~n.. and w~at. steps have been take ~:a~::;G.~?~re~~ x, shall be identz~a.ed '~4 }_ :: A copy o~ updated' ma~~ ~ep~.cting the ~.c~~a~~.+~n o~ alb.; __ _ __ ___ ~~u,~~s,, sep,~~~~e ly ident i dying those :areas wh~z~ there >: w~.~ constx~ction ~~ the yeas of:' the > repot .' <(5 } ' ~'or in~.ormation` purposes onlY~:.... a ' ~.x~~~.~.g ... ~~; G~a~te!e's closings<or holidays far the'year.> __ __ (6} 'A ~.i'st of a~.]', persons 'owning or ccintro~~.ing';;~x.v "f5}> percer~i~ or> more o~ >:.the stock, partnership shares; assets >:or k~~x~:d~' __ _ ____ o~ the' ~rantee,> and> a ~.i'st of any parent corparatic~n, parent ent::~t -_.: ar ho~:!ding,' company..', that awns,: or .;by o~ri~xskip o~ o:~',~.er ''ent~.t~.es __ . ~ontrals, the .,Gra~ztee •'. 55 • '{'7} <>:~f the Santee ~. a c~rpa~atxon, . a<..~.zs~ of o~~~.icexs' _._ . __ (b), ~n addzton to the Anua7. ;4p~ra~xQns ~e~~?r~ req~ixec~ box, ___ sb~~c~x:~n: {a):': o~ 'this section, ~dd~.,tana~.>~ spe~~.a~~~:~~::` repnxts _: sax,7...be. ~bmi~ted ''by a! Gxaz~te~»z' {~,} ~~ requested,:. fil:!e cop~.es~~ ~~.1 r~~axt;s and ~~~.ngs' made tip` the ~'.C. C. , ;the >Securit~..es artd Exchange Dcaxd or any agenc~r _. ~Zaving,', ~u~isdictia~ i respect to any mattes a~~eG~~~g ', I~~`ll • aperat~.ans' which axe autho'rize'd under !this Dart.... slz~~~~:s:ci. b stzbmit;.ted simultaneously ta' th~:.County.,, ' ~.~e~.. und~x~ ~uls.sect!~.~z~s ~c) ,At a> m~.nxmum,, the- reprarting rec~z ; {a} and (b,} ~~ `this secta,o~: shah, :adhexe' to !~h~ follow~.n~ ~enera~' p:~.nGaples ;: __ ;{ ~,} 'The :~~antee sha~.a. }peep record's o~ its »bu~~;ness> and __ __ c~~~~~t,ions>~ under az~d in connection .with>~ this franchi,~~: ~ahxch>~ are ... .. ample'te a~zd accu~a~e. any false ehtry,' in the boo}~s or ;accounts: and. records o~ the Grandee cir false statement> in the reports t~ thy: • bounty,, as ~a a 'mate~ial > fact, knowingly made 'bar tie Gx~an~~~, ~;~all' consti'~ute> a ~riala;~.on 'af a'': materxa~ prcv~,sian a~ the D~xt .' 56 • • ~~~or~s, x~epar~ts and a~~. 4~.h~~ '~n~ox~rnatan, ',gen.erated o~ h~~,~. b ~;ec~~'a~' ~atura~, p,~~~orzs a~aated wa.th the Grarzte~, ~rh~ch axe ~~~.e~rant t~ tk~ ~end.e~x.ng .t~~ servzce b~ that M~IS~ ~~~t~m w~th~ ................................................................... _-_ ~:etninale Coun.t~'. (~ } 'Ali. ;.repc?~'ts ~~.1'~. k~~ `p~~~ared key the ;s~~c~~~.~.s;t (s? 57 • ~ ~ T ~ ~~e e-~-a~~-~-e-~e~e~~e~l~~-rsr-a~~~~_ ge-r~e~r~~-5-°r~-e~-~o~-e-~-~~re-e~-s-t-a~ng~T • T~i~--r~tr~~h-ems-~, , } ~. ,. ; ~-~e~.~ee~z ~. ~ ~.....,_ ~~e=-~ ", ~p~p ~-a ^~a~~~~Ti~c~~-t~~i ate-ewe-rsr-a~ } ., ,. , .. } ...~ ~ .. ; ~ ., ep~r~~~-ems-i ~~3~~e~~ ~~d-tai-~g~~~m , , ~„ , ., ; r ~, .., , ,~ .. _ €~r~e-rye ~~~~e~-~~re ~~o i~g e~ 58 • z8 e~re~c~rr~l~i~8 r~e~e-~'' cam.-rr~-~' ~ ' ,~ ,a r ,,. -, I~t ~,. ..1.. -, , , ,-. ~ ; ~. 1 Secs. 55.82 - 55.90 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE IX TERMINATION Sec. 55.91 Right of termination and cancellation. The County reserves the right to terminate and cancel a franchise and all rights and privileges of a Grantee thereunder in the event that any one of the following occurs, but shall not be limited to the following: (a) The Grantee, after thirty (30) days' notice by County, violates any provision of this Part or any rule, order, or determination of the County made pursuant to this Part except that if such violation by Grantee is without fault or through excusable negligence. (b) The Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. (c) The Grantee attempts to dispose of any of the facilities or property of its ^~-1~V1~. business or system without the County f~~~-~ i „,~..~.,c, -~~ ;rev,iewa.xl~ the same as provided herein. (d) The Grantee attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the County. (e) The Grantee fails to commence construction within one (1) • year from the effective date of this Part or receipt of F.C.C. approval, whichever is later. 59 (f) The Grantee fails to complete construction pursuant to the requirements of this Part within the time required by its franchise. (g) The Grantee fails to provide efficient service to its subscribers as required by the terms of this Part. Sec. 55.92 Right of suspension. The County reserves the right to suspend any or all of the rights of a Grantee under this Part upon a finding that the Grantee is failing to provide efficient service to its subscribers within the unincorporated areas of Seminole County or for any of the grounds specified in Section 55.91. This shall include the right of the County to prohibit further expansion of service areas until service in the areas being served is brought up to minimum acceptable standards. Sec. 55.93 Hearing prier t~: te~i~,atx4xz !r.~x su~pe~asiar~. Prior to termination or suspension of a Grantee's franchise-ems ~a-r~-ez ~ }' ~ ~; g~~rr~~ei }'~; ~ n~~'}, the County shall hold a public hearing with due public notice. The Grantee shall be notified of the time, date and purpose of the hearing ?}y ~_r}-F-~'' <«~ at least ~F~H~T~~irty (3t3)>s days prior to said hearing. Sec . 5 5. 9 4 ~~~s-t-arc-a~4-a-.e~~ a 1 e d, I-~~c e~e~-t~z~--~~~~-ea~c~re~-awe-a~r~g ~~=~ u i ~ s i-:: -t-e-r~ri~a~~e~e~ re~ez~ ~~~ee=e-~r~t~-=and~~ -, , , v. ~ • ~- , ~ i.., t-. fi=r P-a 1~- ~3urr~. cr~re•~-~e-a-~~-c~~.zr~rccr~vnu~ • e-~-s~~e~ ~ e= ~, ~ n~t~^~~~eeC e~~~~i x~l •~~-a~ 60 Sec. 55.95 Removal of system required. A Grantee shall promptly remove from the streets or public places all portions of the system and poles of such system, other than any which the County may permit to be abandoned in place in the event any of the following occurs: (a) In the event that the use of a part of its system is discontinued for any reason for a continuous period of twelve (12) months. (b) In the event such system or property has been installed in any street or public place without complying with the require- ments of the Grantee's franchise or this Part. (c) In the event that the franchise has been terminated, canceled or has expired. Sec. 55.96 Removal procedures. The Grantee shall promptly, upon being given ten (10) days' ___ _ _. notice, be in to remove from ~^ ^~v~^~^ Goun~ z~ exp. , r~ ~.ts o g ~aay and ~~~er t~bl is easements all property and poles of the GTITT VI) system other than those which the County, in its discretion may permit to be abandoned. The County shall set a time limit giving the Grantee a reasonable period, not to exceed one (1) year, in which to complete the removal of its system. • 61 Sec. 55.97 Restoration required. In the event of such removal, the Grantee shall promptly restore the street or other area from which such property was removed to a condition satisfactory to the Public Works Director. Sec. 55.98 Abandonment. (a) Any property of the Grantee remaining in place after the reasonable time limit set by the County, after the termination or expiration of the franchise, shall be considered permanently abandoned. (b) The failure to reclaim property, before it is considered to be abandoned as outlined in this section, shall constitute a franchise violation and shall cause forfeiture of the Permanent Performance Bond and, if it is still in effect, forfeiture of the Initial Performance Bond unless the County agrees to accept transfer of ownership of the abandoned property. In that event, the Grantee shall submit to the County an instrument in writing, to be approved by the County Attorney, transferring to the County the ownership of such property. Secs. 55.99 - 55.100 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ARTICLE X E-E~£~; RATES AND CHARGES Sec. 55.101 Standards of dates>: axxd''.~~arges. (a) The rates and charges for television ands radio signal distribution and equipme~~ hereunder shall be fair and reasonable. 62 e#~e--~~'--r~~a-~n~eg~-a-~re ,a .. ,~ F ~e-~Re-fie t~~re- (~k~) Such rates and charges shall be no higher than necessary to meet all cost of service ar~d ~quxpm~~~ (assuming as ~o t~Ze; ;. pra~v~.s.on of ~erU'3,G~'.l efficient and economical management including a fair return on the original cost or replacement costs less depreciation of the properties devoted to such service without regard to any subsequent sale or transfer price of cost for such properties. Sec . 55 .102 ~-~~~~~~e~ iAl~ia~-~~ee--a-r~a - ~- - --- ='~~-~~~ -~--- ~~pe~le Sec . 5 5 .10 3 ~~e-~~e~~e~e-e~~g e-rare-yea-ee~--.Rep e a.l e egg e~~ke-~sr-a~~e .. ~... , , ~ ; r~-~~ ~ e~e~~-~e~-e-~re~,. ; ~- ~. ~ ,~ .. L' J ^ 63 • Secs. 55.102 - 55.110 Reserved. Chapter 55 PART 1 FRANCHISE ORDINANCE ~ ~~~AN~~x`~L ~4~R'TS ARTICLE XI ~`~~1'S!~ FEES Sec. 55.111 Payment to the County. As payment to the County in consideration of the granting of _ _. _ _ this franchise, the V_~~_ l~'.-~-~adrnni,s~~'~txve fast of the ~oC- ~i~z~.t~, and the rights to use the County streets, easements and rights-of-way, each Grantee agrees to pay the County. the' ma~imur pe~cen~age; presez~~~ five percent (50) ,' a~.~.~wed' u~.d~r law of its Gross Annual ~e~e~e~i~s--1~'vexzue . Sec. 55.112 Payment schedule. (a) Each Grantee shall file a statement of estimated quarterly revenues with the County within thirty (30) days after the first, second and third quarters of the Grantee's fiscal year, showing the estimated revenue derived from each category of the Grantee's ~l-e-'F~~operations. Within fifteen (15) days from the filing of the statements, the Grantee shall pay the franchise fee due to the County from the preceding quarter's operations. (b ) ;rr-9x-r~~~-rl~rra•~-c~ c vcc i~z~~li~~~~l~e~i--~~~ei~ e~ ~e-c~-tea EP~~`e~'" 1.czrQS-crx=rce•„ .. t. -, i ~ ~ ; ~ e ,,. ~ -; ~ , ,-..a , a ; ~ .. a • r~;de~'e~t-C~ , ~~-'L'`^ __ ~'~~~'e~Ct'cY~~1""Ct37TrC 64 • ~e } ~ ~ `~ ~ } e~t~t -ate Sec. 55.113 Amendment to franchise fees. County reserves the right to amend the provisions of this Article in order to increase or decrease the fee or fee base within the authorization of State Statutes or Federal Regulations. The fee percentage may not be increased during the term of any existing franchise without consent of the Grantee. Sec. 55.114 Occupational licenses, taxes, etc. The Grantee shall pay annually in addition to the franchise fee, such ad valorem and personal property taxes, inventory taxes, occupational license, land development code fees, service charges and other fees as shall be applicable to their operations. 65 C, f'a~ °~nnual I~vI~ Franchise '~'~.rancial. ~,epa~t . A f<xx~ancxa~.; report.. sha~.l be filed by a Grantee w~.th t!he County, as des;:~.gnate~, w;.thin>~ Qne' hundred-twenty !{~.2Q'} days ~oll~wing,', the' end cif `: the ,; Granted` s ~xscal year, >.pr portion thereolf, during which ~x.rne ~h~. _ __ __ ~a~.~ is in effect, which report shall' include `th~'Gr~~ ~e~~.~e;„ ~. ___ _ _ __ defined, in `this' ~ar~ for such fiscal 'year`, or, port'xon..:.~~~ee~~ . >: `~~: f'~) 't'he !~x~~~~ia~. r~,port . ~ha'~.~:: d!~a]. 'e~c~:us~~~e~.~r ,~xth;'..~h s~rv~i,ces rendered by the Grantee u~.der 'th.e franchise ~r~.thln.; the • franchise '.area unless otherwise: requested. by the,Gount~' ___ __ €;;c ~ igh~ of inspect i'on of Records . The Gount,y `,~~.~1 ~. harre e~.amined under oath in respect thereto. N`o 'acceptance o~ payment shall. ~~: construed 'as a< :rel.ease car as an accord end satisfa~ti~n obi 66 • a~~y c~.aim 'the' County ',tnay`.have fox' >furthe ar' add~.t~~~.al sums; p~;yabl!e under phis frahchx.~e Q`~,' for the,' pe~:~ormar~~e 'off any other o~li.gati.on' hereunder.; (:d~ Audi In addx,~iar~ t~ rx,gt o~ xn~pe~t~:on und~x' su~~~c the ~raz~tee to :the 'county at issue . (e) ~ri~zciple o~ Good hooks of Ac~ou~t,{~.rok~:b~.t~~an ~"po~ ~'a~.:~e' Chapter 55 PART 1 FRANCHISE ORDINANCE ...__ ARTICLE XII ,~;DM~N'~~T~tATTV~ ~ '.':MISCELLANEOUS PROVISIONS ...................................................................... ...................................................................... ....................................................................... Sec. 55.121 Grantee's rules. Each Grantee shall have the authority to promulgate such . rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable it to 67 • exercise its rights and to perform its obligations under this Part, and to assure an uninterrupted service to each and all of its sub~~x,ik~ex's ~ customers; provided, however, that such rules, ....................................................... ....................................................... ....................................................... regulations, terms, and conditions shall not be in conflict with the provisions hereof~ra }~ *~ ee~~e~ee~~ ~~~o-~r~~w=~ ~e-~e dam'-~~~~re~ea~e~--b ~-~~~t-e~n~--~Te~~l~~--tire tee. Sec. 55.122 Preferential or discriminatory practices prohibited. Grantees shall not, as to rates, charges, services, facili- ties, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to e~rp-l-e~ee~-e = ~ , , , , . .. ~, ; v. ; ~ ,,,~ ~ ~. ,~ , ., t l Y e r ~ nd~ ~ ~ c t, . , ~ i ~T ` Z-A-1~3 r' ~ ~ r Tr ez- ~-- sc~ el~~-cr~zTr~~.z ~~ z ~re--~ a~E c-1~ ei ~ ~63 ec -c o ~ c i i Y € ~ ....~ cce~o ~ ~ .. ~ ~, ., } ,~ e A~ e~~g~ ~~e~~~ ~e~-e-p e ~~~ a ~teee~~~e~-r~ee~e e~e~~e-~~~~t e~-e~-€e~;;~~-c-~rb~s ce r~~1~~-~r-aiiz-ee! 5~i ,.. ., , ,-• . „c~re~ei 1°ei~~ -• , •• ,-,1• -• , , 1., e-~~ 68 • prav~.d~d her~~z~, 1.iqu:~dated damages for viola inn of phis>Fart' arid: relevant provi~~.c~n~ of 'franchise agreements' aris~.ng ',under i.t axe yet forth !below. 'his a result of :any ;..acts:'. or amissa.nns by,' thy: Grantee pursuant to' the> f"rarcha.se, the County, using the procedure set forth ~.xz subsection>.' Lb} of this section, may i,nvok~ ~xzd ca~~ect' __ from the Grantee the following liquidated datnage~.:: >.t~.} Far' failure>~ to >undertake ar c©mplete th~'syste u~agradles or improvements in accordance with th~.s dart' withouC Gaunty approval or !arty omission 'or de~.ay the damage shall be .Five'. Hundred. ~1o'I.lar~ ($.500 . a 0) per day f'ax' each day, ', or part 'thereof for as' 1.nng as' such omission or' delay ocsurs' nr ~nntir~ues .'. '(2} ', For failure to'pravide.'..data, d~cuments,> records. report>.s or .irzfar~atinn or tn, participate!, in any, re~riew ' and evaluation>~ arising,' under phis !,Part!, tk~e damage ~Ya~:'1 be *S'hre Hundred Dollars ($300.0'0} per day;;: '(3} For failure of the>~ Grandee' to ' com~:y with> the' construction or technical >standards re,~uired by this Part; .the: d~mag~',shall be Three Hundred Dollars {$300.>.00),per day.:, 'f~} '-For >~failu.re ~n comply', with any ©f >the provisions of this 'dart' far which damages are>~ not otherwise specifically • povxded, the >damage shal.~.` be ;two Hundred S?nllars ($200;. (~(~) per. day 69 • b ~ T-+„~a -^.-3" } c~-arr~-crr~o~~.Te-~TE2-~ ~ ?~E3~$~--uira vaa.aticn >~or liability,',. "~'he written. z~atice sha~.l ' describe ~n . ~~asc~nab~.e detail 'the spe~x~cj vialatic~n so as to a~~ord the'.. ~ante~ .an "%c~ppc~xtuz~a.ty ~a remedy the'' vioiatipn.. 't'he Gxant'ee shad l' hire thixty t3ol days sulasequent to recezpt of the notice 'in which tp correct>~ the> violation be~axe the>~ ~ou~ty ,..may impose a.,ilqui.dated damage's, unless th.e' vio].atipn is o~ 'such' a natuxe' so as to requx.~ __ ___ mare than ;thirty {'~0} ;days and the Grantee proGeed's di'J.~.gej~t~~t within the>~ thirty (',3D) days,' to coxrect t!he vialatinn~; __ -_ <cl f the grantee disputes wheth~:r a> violation a~ ~a~.luxe 'Section 55!:~.~5,' the>' wra.tten :notice provided by the Jaunty under the preceding subsection C~e~tx.a~:. 5S x.:23' ~b~ J sha~:~ G~n.stitute "ezadi<<tzon`?' o~ an ~rder.> 70 (d) *~he fight's ~ese~v~d tc~' the >~ Caurty urrde~' th~.s sec~~;nn' ire °~`e ~ In the cant ingencly that sul~sectio~ s t ~ } thxbugh (c ~ c~ :his ectic~n a!re held >.in~ralid by a cbu~t of law, t'he foll~wzr~; pxc~~xzsans' sh.a~l take' e~~ect'': and!; s~a~~~. `~x.t~ stilla~ec~3.on ~d} ~an.st:'tute''' this seetionl ................................ gG~`~3 6i~-~do-ri ir6-a~prz-oz -crgprA;oTUr-oz~---}c-r~"r~ ~ ~. ~., ~ ~ L, -, NN,,. -, , •-, l-• -• , , v 1. v Z. ~ e-~E~n-,--r~~S~d~Ei~ ^v°c7-6~~r~re-~r~- i c-6rE63~i°6~e-i~~T-air ,• ,• ,a 1-•, ,-• ,,. n r 7~ • oe~rt~ea ~Y-~-«-Q~~e~--F~~~e~--ate-~e-ez~T~~e-~--~e~~e~ ~3~t~-1-ar~ ems' _ .., , .. ~ _ .. , 1 - Sec. 55.12§? Reservation of police power. The right is hereby reserved to the County to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power. Thy<Caun~y secif;~ca~.~.y resex~~r~s t'e x~ght ',~a fu.x~ther amend. t!h~.s ~art'ar adopt' additional' ardinanc'es tp injure >.that> Grantees' subscribers and' the County', enjoy the mast ~ravorable ! treatment af~prded by Grantees to • arty other subscribes ar fxarzchising' authority within'the Mate of'. ~*1'c~r~.da and. to x.nsure that the Grantees' subscribers and the County: erijay the ':maximum rights and priva.leges,,pr~vided far by State pr Federal law. Nothing in this dart or in any; agr~emerit under `t~.~.s' Fart awarding ,a franchise shall' be 'canst~ued ~.s !an abra~~tiQrz b tie CQUntyl af. its pa~.ic',e power.' Sec. 55.125 Review of orders and decisions. (;a~' Any person, firm or corporation aggrieved by any non- legislative order or decision of the Board shall have the right to petition the Board for a rehearing and reconsideration of any order, regulation or decision. Such petition must be filed within ten (10) days following the rendition of such order, regulation or decision. The effect of the filing of a petition .for a rehearing shall operate to stay the order or decision sought to be reviewed until the petition is disposed of. Af~~l~ su'eri a petition for 72 • rehearing ~i-~~-~~zs denied, such .aggrieved party may have such order or decision reviewed _~~-~r~re~a~-~e~-~~Tre~~-{~ ' ~e~~ .. r. p~e~e-gib ed~~--~~ e~~T~ ~-~~i t-~rr~r-~k~ ~'-~Tc~-~ dt~-~f~~ l d3~6-~1~~-ei~--6~~~?P_-~~r~rr„_ ~ ,-. ,,. ,. L„-, -, ,,- ; ,-, pll ~"~U.~ TI t t ~J ~ ~ ~ ~ '~' ~JJ~ ~. or any successor provision. The proceedings before the Board shall be deemed quasi-judicial in nature-~~.~ rear ~'~~~ ~ ~'^ ~ "~' }^`' ~e }-cTr~l~e-e•e ~~i~l~~ €e ~3~^c avurd . ~T-r~'ri-crgyi re3ze~-~l~t~~a~? ~ ~ ,~ ~ e-czi~l~rcc~c6 d~e-~~6~oT~~uc ~irczr~6i~~~ ~cn~ ~r~ppe ~~171"C ~~~~ ~e~Qe'~~e1ZT2'~L70QrC~ fog ar ca~duct'pf the proceedings.,' Sec. 55.12$ Amendments. This Part may be amended at any time by a majority vote of the properly constituted Board of County Commissioners, provided that the Board shall hold a public hearing for such purpose and afford all interested persons an opportunity to be heard with respect to such amendment . ^~T~~o~~e~-e~e~"-~z~.-^~a~~^ ' g~'*~ ~e-Te3~~e~~i-crce~°e•~~6i~--cr~~~cr~~k ccc=r~ac~c~zr~l~-R~-~92 Any 73 • modifications of the provisions of ~ti~~re~'~6-3Te-the Rules and f Regulations of the F.C.C. shall be forr~a!11~ incorporated into the Seminole m ... County mil- ....: .. : ...-, Mme?: Franchise Ordinance within one (1) year of adoption, or at the time of franchise renewal, whichever occurs first. Sec. 55.12$'7: Right of intervention. Grantees agree not to oppose intervention by the County in any suit or proceeding to which a Grantee is a party within Seminole 74 • Un],e~~ ~~~:~ess~.~a:. ~arah:~bzted k~~::'~`ede~a~. ~r ~t~te ~~w. ;eac. __ . _. ~~ `I'he >~~a~~.lxt~t:~.Qra o~ communication>' bet~e~n '~ern~~zc~~~. ,. _ .: eou.zx~~...~.e.~.~.den:~ and ..their !J.ocal .~ubl~.c 'institut>:z.ans ~~e~tex~ :access ~~ ~em~.'o~.e ', Cc~~.nty ~~s~.dents t x~ubla.G ~~r`v~~~;~ and ~rocess'es • _ _. `the ' fac~.~ittzor' o~<.! cam~t~tra~:c'a~~.~~z at~~n ',Semx.:na~. ~v! :>xes~.d~~~sr n~~.ct~or~+~ods ~~QU~s'` and`:: ox,va,c and c:cmmur~~.t~' ~; a~.aan:~ ~ ~::~::z>ans' -_ _.... `the ~omat a.~~ of >.e~ar~om~.~.'< ~rac~th a~.d dev~ ~~~mex~ a:.n ~.. Sem~.nn`7.e bounty, a >.~rc~c'ess ~ahic~.....~.~ ''::deemed riot to ~.ns7~u~~. comme.x-' c~:a7. ad~rerta.sx~.a.::tn end uses ~~ ct~aads grad services .'' ~~ ~'ed~ral,> a~ :.torte law> limits the ded~cat~,o~ aracl...xese~vat~~an...~.~...a Crante'e ` s syst:~.t~ .capac~,'ty by local aovernent'~ ear `local. ~raneha:~~..n.a ~, authoxit~.e's tp' less than tin 4 ~.'0.)....x~~reent a~> capacity in '.'..terms a.! __ bandwidth ':~~ .ara ecruvalent measu':re`~ ..t:~e fa.aure set forth by Federal' or Sta!~.e l:~w sh'all cantx~ol . ' in .the event'' that Federal>~ or ~t~.~~. ~::a~. ~r:~~Zik~'~.ts ~.pca1. aovernrnerats:' ar J,ocal frarachi»sa.na> aut:hr~.~'i~a.e~..frc~ __ • xeau~.r.~n~z Grandees' under t~i.s dart' to prav~de tepee©~nmun~.ca~ic~n ___ ~:~r~rxces. <the provi,sian< cif ~ax~aca~ty >~under. t.h~s suk~sec~xQn.>>.~ha.~!1 >}~~* 75 €~amage;, ~rz~~~g'> earn a~ v~e~l.at~arz Q~ txs sect~.an or ~x~~m ~~~ ~, aw .'' __.____ Sec. 55:~.~',~ `~ pass-thratzgh a~.:. any fees' cats a~ ~.,;gu~.da~tecl d~mage',s to>' subsc~i.bers ar cust4xnea~s; N`a set-offs of any ~~~,; ~o,sts ar ~a.~x~.dated dae~~~' aga.n:st J.f~an~h~.se fees, uzz~.e~~ .e~.ther ~€p~!+a~~.~~.ca~.~.y x~equ~ired bar. State 4~ ~`edera7. ].air.; _.....__ >a) Na Grantees s~~~l ,pass-though,' bi.l.~. o~::atherw~se ah~ge: • mentir~g 5ect~,n ~5. 52 . "I'he ',f~ancha.se fee I.e~r~.e~. under Sec'. 55'. ~~1 oil thus ~'ax~t is exepted ~~~rn ~~s proh~.bitz.ozz u~iar~ bas's tkz~augh~ __ €b~ No ~:~es.; casts, v~ ~.zqu,dated damag~:s::::~:~<~~.:. by or • sp~c~.f.ca~],y cc~veri,.ng their' Set~.~no~.e County operatzos, which' tie Gx~az~tees h~.ve ;p~evaus~y deve~:~a~ed,, wrilt~e~z` ar 'ca~~.~cted zn' the 77 • ............... • pe'riads ~e~ ~"orth ~n th~.s ~ax~t, 3~ut also'an~ pert~rzent t~.m~ pex~a.od s:et forth i~ Stag or ' ~'ed~ra~. ' ~.aw , to the ~xtext such ~ta~~. o • sect~.o those SMA`I'V and MAT~I dperators w~z.ch are nod Qth~~wzse exem~t~d b~ Se~Cior: 55.'1<1 0~ phis dart. 78 • Secs. 55.1-9i~~ - 55.140 Reserved. -~ Section 2. Codification. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Seminole County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; provid- ing, however, that Section 2 through 4 shall not be codified. Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the Board of County Commissioners that • the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. of the Board of County Commissioners. 79 ENACTED this day of 1995. 8/24/95 GN\ORD\TV8-15 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA. BY: RANDALL C. MORRIS, Chairman 80