Ordinance 30830006.080.003
WSS /rin
04/11/96
ORDINANCE NO. 3083
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
BY REPEALING AND REENACTING CHAPTER 4.68,
COMMUNITY ANTENNA TELEVISION SYSTEMS, TO
ADOPT A MASTER ORDINANCE REGARDING
NONEXCLUSIVE FRANCHISE AGREEMENTS WITH THE
CITY OF EDMONDS, APPROVING A FRANCHISE
AGREEMENT, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds regulates cable television antenna systems
pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer
Protection and Competition Act of 1992 and other subsequent amendments, and
WHEREAS, the City has fully complied with federal law regarding public needs
assessments, public hearings and review of community needs prior to entering into a franchise,
WHEREAS, the City Council has negotiated with Edmonds Cable Company, its
current franchisee, and has reached agreement regarding the terms of a cable franchise, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds City Code is hereby amended by the repeal of Chapter 4.68,
Community Antenna Television Systems, the reenactment of a new Chapter 4.68 to read as
follows:
WSS129325.10 - 1
Chapter 4.68 Community Antenna Television Systems
4.68.010 Definitions
(a) "Access Channels" means channels set aside by a franchisee
exclusively for noncommercial public, educational, or
governmental use (commonly referred to as "PEG" channels).
(b) The "Act" means the Cable Communications Policy Act of
1984 as amended by the Cable Television Consumer Protection and
Competition Act of 1992 and any subsequent amendments.
(c) "Addressability" means the ability of a system allowing a
franchisee to authorize specific equipment to receive, change or to
cancel any or all specified programming.
(d) "Applicant" means any person or entity that applies for a
cable television Franchise.
(e) 'Basic Cable Service" means the lowest level of service
regularly provided to all Subscribers that includes the
retransmission of local broadcast signals.
(f) "Cablecast" means the distribution of programming which
originates within the facilities of the cable television system.
(g) "Cable Facilities" means equipment and wiring used to
transmit audio and video signals to subscribers.
(h) "Cable Service" shall mean (1)- the one -way transmission to
Subscribers of video programming or other services; and (2)
Subscriber interaction, if any, which is required for the selection
of such video programming or other service.
(i) "Cable system" means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and
control equipment that is designed to provide cable service and
other service to subscribers.
0) "Channel" or "cable channel" means a portion of the
electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television signal as
defined by the Federal Communications Commission.
WSS129325.10 - 2 -
(k) "Character generator" means a device used to generate alpha
numerical programming to be cablecast on a cable channel.
(1) "City" means the City of Edmonds, a municipal corporation
of the State of Washington.
(m) "Council" means the City of Edmonds Council acting in its
official capacity.
(n) "Data Communication" means (1) the transmission of
encoded information or (2) the transmission of data from one point
to another.
(o) "Dwelling units" means residential living facilities as
distinguished from temporary lodging facilities such as hospitals,
hotel and motel rooms and dormitories, and includes single family
residential units and individual apartments, condominium units,
mobile homes, extended care facilities and other multiple family
residential units.
(p) "Emergency" means a condition of imminent danger to the
health, safety, and welfare of property or persons located within
the City including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes,
riots or wars.
(q) "FCC" means the Federal Communications Commission, a
regulatory agency of the United States government.
(r) "Fiber Optics" means the technology of guiding and
-projecting light for use as a communications medium.
(s) "Franchise" shall mean the initial authorization, or renewal
thereof, issued by the franchising authority, whether such
authorization is designated as a franchise, permit, Ordinance,
resolution, contract, certificate or otherwise, which authorizes
construction and operation of the cable system for the purpose of
offering cable service or other service to subscribers.
(t) "Franchisee" means the person, firm or corporation to whom
or which a Franchise, as herein above defined, is granted by the
Council under this Ordinance and the lawful successor, transferee
WSS129325.10 - 3 -
or assignee of said person, firm or corporation subject to such
conditions as may be defined in City ordinance.
(u) "Gross revenues" means any and all revenues (as that term
is defined by generally accepted accounting principles) received
directly or indirectly from all sources which arise out of or are
derived from the operation of a Franchisee's cable system in the
City. When the revenue of the Franchisee includes gross revenues
from sources outside of the City, a Franchisee shall prorate the
gross revenues among its sources by multiplying such gross
revenues by a fraction the numerator of which is the number of
Franchisee's subscribers in the City and the denominator of which
is the total number of all a Franchisee's subscribers. "Gross
Revenues" shall not include the following:
1. Fees and payments from subscribers who do not live in
the City;
2. Taxes on services furnished by a franchisee, which are
imposed on any subscriber or used by any governmental unit,
agency or instrumentality and which are collected by a franchisee
for such entity;
3. Bad debt write -offs;
4. Revenue from the sale of equipment or other assets of the
cable system to persons not purchasing services from the cable
system;
5. Revenue from transactions involving real property owned
or leased by the franchisee;
6. Amounts collected from Subscribers as a franchise fee to
be paid to City.
(v) "Headend" means the electronic equipment located at the
start of a cable system, usually including antennas, preamplifiers,
frequency converters, demodulators and related equipment.
(w) "Installation" means the connection of the Cable System from
feeder cable to subscribers' receivers.
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(x) "Institutional Networks (I- Nets)" means that portion of a
cable system which is designated principally for the provision of
non - entertainment services to public schools, or public agencies
such as public libraries separate and distinct from the subscriber
network, or on secured channels of the subscriber network.
(y) "Interactive services" means services provided to subscribers
where the subscriber (i) receives information consisting of either
television or other signals and transmits signals generated by the
subscriber or equipment under his /her control for the purpose of
selecting what information shall be transmitted to the subscriber or
for any other purpose; and (ii) has the ability to transmit signals to
any other location for any purpose.
(z) "Office" means the person or entity designated by the City
as being responsible for the administration of a Franchise for the
City.
(aa) "Operator" means the person, firm or corporation to whom
a franchise is granted pursuant to the provisions of this Ordinance.
(bb) "Premium services" means video programming offered on a
pay - per - channel or pay - per - program basis.
(cc) "Property of Franchisee" means all property owned, installed
or used by a Franchisee in the conduct of its business in the City
under the authority of a Franchise granted pursuant to this
Ordinance.
(dd) "Proposal" means the response, by an individual or
organization, to a request by the City regarding the provision of
cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the City.
(ee) "Public Way" or "Street" means the surface, the air space
above the surface and the area below the surface of any public
street, including, but not limited to, any public alley, boulevard,
drive, easement, right -of -way or sidewalk under the jurisdiction of
the City.
(ff) "Subscriber" means a person or entity or user of the cable
system who lawfully receives cable services or other service
therefrom with franchisee's express permission.
wss129325.10 - 5 -
4.68.020 Terms of Franchise
A. Authority To Grant Franchises Or Licenses For Cable
Television: It shall be unlawful to engage in or commence
construction, operation, or maintenance of a cable system without
a franchise issued under this Ordinance. The Council may, by
ordinance, award a non - exclusive franchise to construct, operate
and maintain a cable system which complies with the terms and
conditions of this Ordinance.
Any franchise granted pursuant to this Ordinance shall be non-
exclusive and shall not preclude the City from granting other or
further franchises or permits or preclude the City from using any
roads, rights -of -way, streets, or other public properties or affect
its jurisdiction over them or any part of them, or limit the full
power of the City to make such changes, as the City shall deem
necessary, including the dedication, establishment, maintenance,
and improvement of all new rights -of -way and thoroughfares and
other public properties. However, any such changes shall not
materially or substantially impair the rights granted a franchisee
pursuant to this Ordinance. All franchises granted subsequent to
the effective date of this Master Cable Ordinance shall be granted
consistent with the terms and conditions of this Ordinance and on
materially similar terms.
B. Incorporation By Reference: The provisions of this
Ordinance shall be incorporated by reference in any franchise
ordinances or licenses approved hereunder. The provisions of any
proposal submitted and accepted by the City shall be incorporated
by reference in the applicable franchise. However, in the event of
any conflict between the proposal, this Ordinance and the
Franchise, the Franchise shall be the prevailing document.
C. Nature And Extent Of The Franchise: Any Franchise
granted hereunder by the City shall authorize a Franchisee, subject
to the provisions herein contained:
1. To engage in the business of operating and providing
Cable Service and other services and the distribution and sale of
such services to Subscribers within the City;
2. To erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across and along
WSS129325.10 - 6 -
any Street, such amplifiers and appliances, lines, cables,
conductors, vaults, manholes, pedestals, attachments, supporting
structures, and other property as may be necessary and appropriate
to the cable system. No privilege or exemption shall be granted
or conferred upon a Franchisee by any Franchise except those
specifically prescribed therein, and any use of any Street shall be
consistent with any prior lawful occupancy of the Street or any
subsequent improvement or installation therein.
D. LenLyth Of The Franchise: The City shall have the right to
grant a franchise for a period of time appropriate to the
circumstances of the particular grant.
4.68.030 Application
An applicant for a franchise to construct, operate, and maintain a
cable system within the City shall file an application in a form
prescribed by the City, accompanied by a non - refundable filing fee
in the amount determined by the City at the time of a franchise
issuance.
4.68.040 Franchise Issuance
Prior to the granting of a franchise, the City Council shall conduct
a public hearing to determine the following:
A. Initial Franchise.
1. That the public will be benefited by the granting of a
franchise to the Applicant;
2. That the Applicant has requisite financial and technical
resources and capabilities to build, operate and maintain a cable
television system in the area;
3. That the Applicant has no conflicting interests, either
financial or commercial, which will be contrary to the interests of
the City;
4. That the Applicant will comply with all terms and
conditions placed upon a franchisee by this Ordinance;
WSS129325.10 - 7 -
5. That the Applicant is capable of complying with all
relevant Federal, State, and local regulations pertaining to the
construction, operation and maintenance of the facilities and
systems incorporated in its application for a franchise;
6. The capacity of public rights -of -way to accommodate
the cable system;
7. The present and future use of the public rights -of -way
to be used by the cable system; and
8. The potential disruption to existing users of the public
rights -of -way to be used by the cable system and the resultant
inconvenience which may occur to the public.
9. Any other condition that is in the public's best interest.
B. Renewal Franchise.
1. That the applicant has substantially complied with the
material terms of the existing franchise and with applicable law;
2. That the quality of the applicant's previous service
including signal quality, response to consumer complaints, and
billing practices, but without regard to the mix or quality of cable
services or other services provided over the system, has been
reasonable in light of community needs;
3. That an applicant has the financial, legal and technical
ability to provide the services, facilities and equipment as set forth
in the applicant's proposal.
4. That an applicant'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;
5. The capacity of public rights -of -way to accommodate
the cable system;
6. The present and future use of the public rights -of -way
to be used by the cable system;
WSS129325.10 - 8 -
7. The potential disruption to existing users of the public
rights -of -way to be used by the cable system and the resultant
inconvenience which may occur to the public; and;
8. Any other condition that is in the public's best interest.
4.68.050 Acceptance
No franchise granted pursuant to the provisions of this Ordinance
shall become effective unless and until the ordinance granting same
has become effective.
Within thirty (30) days after the effective date of the Ordinance
awarding a franchise, or within such extended period of time as
the Council in its discretion may authorize, a franchisee shall file
with the City Clerk its written acceptance of the franchise, in a
form satisfactory to the City Attorney, together with the bond and
insurance policies required by Sections 4.68.330 Insurance and
4.68.340 Performance Bond herein.
4.68.060 Police Power
In accepting any franchise, a franchisee acknowledges that its
rights hereunder are subject to the legitimate rights of the police
power of the City to adopt and enforce general ordinances
necessary to protect the safety and welfare of the public and it
agrees to comply with all applicable general laws enacted by the
City pursuant to such power.
4.68.070 Rules and Regulations by the City
In addition to the inherent powers of the City to regulate and
control any franchise it issues, the authority granted to it by the
Act, and those powers expressly reserved by the City, or agreed to
and provided for in a franchise, the right and power is hereby
reserved by the City to promulgate such additional regulations as
it may find necessary in the exercise of its lawful powers giving
due regard to the rights of the franchisee. Except as noted above,
the foregoing does not allow for amendment by the City of
material terms of any franchise it issues without the consent of a
franchisee.
WSS129325.10 - 9 -
The City Council reserves the right to delegate its authority for
franchise administration to a designated agent.
4.68.080 Construction Standards
All facilities constructed under this Ordinance shall be placed and
maintained at such places and positions in or upon such streets,
avenues, alleys and public places as shall not interfere with the
passage of traffic and the use of adjoining property, and shall
conform to the applicable section of the National Electrical Code,
codes of the State of Washington, and City regulations, standards
and policies pertaining to such construction.
At least ten (10) days prior to the intended construction of cable
facilities, a franchisee shall inform all residents in the affected area
that a construction project will commence, the dates and nature of
the project, and a toll -free telephone number which the subscriber
may call for further information. A pre - printed door hanger may
be used for this purpose.
A. Notice of Entry on Private Property. At least twenty -four
(24) hours prior to entering private property or streets or public
easements adjacent to or on such private property to perform new
plant construction or reconstruction, a notice indicating the nature
and location of the work to be performed shall be physically
posted upon the affected property. A franchisee shall make a good
faith effort to comply with the property owner /resident's
preferences, if any, on location or placement of underground
installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering
practices.
B. Emergency Repairs. Notice requirements of subsection A
above, are suspended for purposes of entry upon private property
to perform repairs at the subscriber's request or in the event of
system outage repairs or other emergencies in which insufficient
time is available to provide notice to subscribers.
C. Restoration of Property. After performance of work,
franchisee shall restore private property as nearly as practicable to
its condition prior to construction. Any disturbance of
landscaping, fencing, or other improvements on private property
shall, at the sole expense of a franchisee, be promptly repaired and
WSS129325.10 - 10 -
restored (including replacement of such items as shrubbery and
fencing) to the reasonable satisfaction of the property owner.
4.68.090 Undergrounding and Landscaping
In those areas and portions of the City where the transmission or
distribution facilities of the public utility providing telephone
service and those of the facility providing electric service are
underground or where underground placement is required for new
or existing telephone and electrical service, then a franchisee shall
likewise construct, operate and maintain all of its transmission and
distribution facilities in the same area underground upon City
approval. Such activities shall be made in concurrence and
cooperation with the other affected utilities. Amplifiers. and
associated equipment in a franchisee's transmission and distribution
lines may be in appropriate housing -upon the surface of the
ground.
4.68. 100 Construction in Right -of -Way
A. Notification of City Community Services Department. A
franchisee shall submit an application for permit to perform work
in the City's rights -of -way. Permits to perform work in the City's
rights -of -way shall be available on the basis of the most favorable
terms and conditions of any other franchisee or utility. The City
shall provide an annual master permit process for the cable system
rebuild project, the fees of which will be paid out of the annual
franchise fees. No work, other than emergency repairs shall
commence without such a permit. Emergency repairs may be
made immediately with notification given to the City no later than
the next business day.
B. Installation. In accordance with the permit issued, all
transmission lines, equipment, and structures shall be located and
installed so as to cause minimum interference with the rights and
reasonable convenience of property owners, and at all times shall
be maintained in a safe condition, and in good order and repair.
Suitable barricades, flags, lights, flares, or other devices shall be
used at such times and places as are reasonably required for the
safety of the public. Any poles or other fixtures placed in any
street by a franchisee shall be placed in such manner as not to
interfere with the usual travel on such public way.
WSS129325.10 - 11 -
C. Interference With Use of Streets. A franchisee must obtain
an application for permit to perform work in the rights -of -way for
all work performed by the franchisee in such areas. When
installing, locating, laying, or maintaining facilities., apparatus, or
improvements, a franchisee shall not interfere with the use of any
street to any greater extent than is necessary, and shall leave the
surface of any such street in as good condition as it was prior to
performance by franchisee of such work. Any facility, apparatus,
or improvement under this Ordinance shall be laid, installed,
located, or maintained in conformance with instructions given by,
and to the reasonable satisfaction of the City. In any event, a
franchisee shall, at its own expense, and to the reasonable
satisfaction of the City in accordance with the terms of the
application for permit to perform work in the rights -of -way,
restore to City standards and specifications any damage or
disturbance caused to streets as a result of franchisee's construction
or operations.
D. Relocation/Removal. Upon receipt of thirty (30) days prior
written notice, a franchisee, at its own expense, shall protect,
support, temporarily disconnect, relocate, or remove any of its
property when, in the judgement of the Community Services
Director, the same is required by reason of traffic conditions,
public safety, and /or improvements by governmental agencies.
Nothing herein shall be deemed a taking of the property of a
franchisee, and franchisee shall be entitled to no surcharge by
reason of this section. After receipt of thirty (30) days prior
written notice, upon failure of a franchisee to commence, pursue,
or complete any work required by the provisions of this Ordinance
to be performed on any street, within the reasonable time
prescribed and to the reasonable satisfaction of the City, the City
may, at its option, cause such work to be done, and a franchisee
shall pay to the City the reasonable cost thereof, within thirty (30)
days after receipt of demand.
E. Location of Facilities. A franchisee agrees to provide the
City with a map or maps which shall show the vertical and
horizontal location of its facilities within the Franchise Area using
a minimum scale of one inch equals one hundred feet (1" = 100'),
measured from the center line of the right -of -way, which maps
shall be in hard copy plan form acceptable to the City and in
Geographical Information System (GIS) format. This information
shall be provided within ninety (90) days of the effective date of
WSS129325.10 - 12 -
this Ordinance and shall be updated at least every twelve (12)
months thereafter.
4.68. 110 Safety Requirements
A franchisee, in accordance with applicable National, State, and
Local safety requirements shall, at all times, employ ordinary care
and shall install and maintain and use commonly accepted methods
and devices for preventing failures and accidents which are likely
to cause damage, injury, or nuisance to the public.
All structures and all lines, equipment and connections in, over,
under, and upon the streets, sidewalks, alleys, and public ways or
places of a franchise area, wherever situated or located, shall at all
times be kept and maintained in a safe, suitable condition, and in
good order and repair.
The City reserves the general right to see that the system of a
franchisee is constructed and maintained in a safe condition. If a
violation of the National Electrical Safety Code or other applicable
regulation is found to exist by the City, the City will, after
discussions with a franchisee, establish a reasonable time for a
franchisee to make necessary repairs. If the repairs are not made
within the established time frame, the City may make the repairs
itself or have them made and collect all reasonable costs thereof
from a franchisee.
4.68.120 Building Moving
Whenever any person shall have obtained permission from the City
to use any street for the purpose of moving any building, a
franchisee, upon seven (7) days written notice from the City, shall
raise or remove, at the expense of the permittee desiring to move
the building, any of a franchisee's wires which may obstruct the
removal of such building; provided, that the moving of such
building shall be done in accordance with regulations and general
ordinances of the City. Where more than one street is available
for the moving of such building, the building shall be moved on
such street as shall cause the least interference. In such event, the
City shall be responsible for determining the path of least
interference. It is further provided that the person or persons
moving such building shall indemnify and save harmless said
franchisee of and from any and all damages or claims of
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whatsoever kind or nature caused directly or indirectly for such
temporary arrangement of the lines and poles of a franchisee.
4.68.130 Tree Trimming
In accordance with City ordinances, a franchisee shall have the
authority to trim and remove trees upon and overhanging streets,
public ways and places in the franchise area so as to prevent the
branches of such trees from coming in contact with the wires and
cables of a franchisee and, if necessary, to clear a microwave path.
A franchisee shall be responsible for debris removal from such
activities.
4.68.140 Rates
Within thirty (30) days after the grant of any franchise hereunder,
a franchisee shall file with the City a complete schedule of all
present rates charged to all subscribers.
Prior to implementation of any change in rates or charges for any
service or equipment provided by a franchisee, a franchisee shall
provide the City and all subscribers a minimum of thirty (30) days
prior written notice of such change.
Subject to the Act and resultant FCC regulations, the City may
regulate the rates or charges for providing cable service and other
equipment and may establish rate regulation review procedures as
delegated by Federal law.
4.68.150 Cable Availability
Cable service shall not be denied to any group of potential
residential cable subscribers because of the income of the residents
of the local area in which such group resides.
4.68.160 Franchise Fee
A franchisee shall pay to the City quarterly, on or before the
thirtieth (30th) day after the end of each calendar quarter a
percentage of gross revenues as defined herein for the preceding
calendar quarter. Such remittances shall be accompanied by forms
furnished by the City to report reasonably detailed information as
to the sources of such revenues.
wss129325.10 - 14 -
4.68.170 Periodic Meetings
Upon request, but not more than once during any calendar year,
a franchisee shall meet with designated City officials and /or
designated representative(s) of the City to review the performance
of a franchisee for the preceding period. The franchisee shall be
given not less than thirty (30) days' prior written notice of any
such meeting. The subjects may include, but are not limited to,
those items covered in the periodic reports and performance tests.
4.68.180 Cable System Evaluation
In addition to periodic meetings, and with written notice of not less
than five (5) business days so that a franchisee can arrange to have
necessary personnel present, the City may require reasonable
evaluation sessions at any time during the term of a franchise.
It is intended that such evaluations cover areas such as customer
service, response to the community's cable- related needs, and a
franchisee's performance under and compliance with the terms of
a franchise.
4.68.190 Record Inspection
Subject to statutory and constitutional limits and upon not less than
ten (10) business days' advance written notice, the City reserves
the right to inspect the records of a franchisee, which are not a
part of its public files but which are necessary for the enforcement
of a franchise, during normal business hours provided that the City
shall maintain the confidentiality of any trade secrets or other
proprietary information in the possession of a franchisee. Such
documents shall include such information as financial records,
subscriber records and plans pertaining to a franchisee's operation
in the City. Provided, nothing in this Ordinance shall be read to
require a franchisee to violate state_ or federal law respecting
Subscriber privacy, nor shall this Ordinance be read to require a
franchisee to disclose confidential or proprietary information
without adequate safeguards to protect its confidential or
proprietary nature.
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4.68.200 Public, Educational and Governmental Access
The City may require, as a condition of a franchise granted
pursuant to this Ordinance, provisions for Public, Educational and
Government (PEG) Access.
4.68.210 City -wide Public, Educational and Government Access
Interconnection
The City may request a franchisee to begin negotiations to
interconnect PEG access channels of a cable television system with
any and all other contiguous and compatible cable systems.
Interconnection of system may be accomplished by direct cable
connection, microwave link, or other technically feasible method.
Upon receiving request of the City to interconnect, if a franchise
has not already done so, a franchisee shall initiate negotiations
with other affected system(s), and shall report to the City the
results of such negotiations no later than sixty (60) days after such
initiation. Any costs of interconnection may be passed through to
Subscribers by a franchisee.
4.68.220 Institutional Networks (I -Nets)
A franchisee's cable .system shall have the capability of serving
designated educational and public buildings with uni- or bi-
directional video /audio signals. The linkage may be by cable,
microwave or other means deemed appropriate by a franchisee.
If required, suitable encoding and decoding devices shall be made
available by a franchisee to assure transmission security.
A public entity desiring the activation of such service shall make
application thereof to a franchisee. Activation of such services to
a public entity shall not be unduly denied.
A public entity in the City denied such service may request a
public hearing to evaluate such denial. Both the requestor and the
franchisee shall be provided the opportunity to present the reasons
for the request and the reasons for the denial. Upon a finding by
the City Council that these services are reasonably required to
meet community needs, taking into account the cost of meeting
such needs, the City Council may require the activation of such
WSS129325.10 - 16 -
services for the public entity in a reasonable time and on the same
basis that other public entities in the City receive the same service.
4.68.230 City -wide Institutional Networks Interconnection
A Franchise Agreement may require a franchisee to make such
interconnections as necessary to connect certain designated
institutions on a City -wide basis. The same conditions as
enumerated in Section 4.68.210 City -wide Public Educational
and Government Access Interconnection shall prevail.
4.68.240 Access and Institutional Network Equipment
A Franchise Agreement may require a franchisee to contribute
either specified goods and services and /or a specified sum of
money for the purpose of providing facilities and equipment for
PEG access programming and the Institutional Networks.
4.68.250 External Franchising Costs
Prior to expenditure of capital for any franchise related
requirements that would be treated as an external cost passed
through to customers, the Operator shall notify the City of its
intent to exercise its right and the amount to be passed through to
customers. The City may waive the franchise related requirement
if, in the City's opinion, the increase in rates would be a burden
on City rate payers.
4.68.260 Non - Discrimination
A franchisee shall not, as to rates, charges, service facilities, rules,
regulations or in any other respect, make or grant any preferences
or advantage to any person nor subject any person to any prejudice
or disadvantage; provided, that nothing in this Ordinance shall be
deemed to prohibit the establishment of a graduated scale of
charges and classified rate schedules to which any customer
coming within such classification would be entitled, and provided
further that connection and /or service charges may be waived or
modified during promotional campaigns of a franchisee.
A franchisee will not deny access to cable service to any group of
potential residential subscribers because of the income of the
residents of the local area in which the group resides.
WSS129325.10 - 17 -
4.68.270 Continuity of Service
It shall be the right of all subscribers to continue receiving service
so long as their financial and other obligations to a franchisee are
fulfilled. In this regard a franchisee shall act so far as it is
reasonably within its control to provide all subscribers with
continuous uninterrupted service during the term of the franchise,
subject to applicable law.
In the event a franchisee fails to operate a system for seventy -two
(72) continuous and consecutive hours without prior notification to
and approval of the City Council or without just cause such as an
impossibility to operate the system because of the occurrence of an
act of God or other circumstances reasonably beyond a
franchisee's control, the City may, after notice and an opportunity
for a franchisee to commence operations at its option, operate the
emergency alert system or designate someone to operate the
emergency alert system until such time as a franchisee restores
service or a replacement franchisee is selected. If the City is
required to fulfill this obligation for a franchisee, a franchisee shall
reimburse the City for all reasonable costs or damages that are the
result of a franchisee's failure to perform.
4.68.280 Transfer of Ownership
A franchise shall not be sold, transferred, leased, assigned, or
disposed of in whole or in part either by sale, voluntary or
involuntary merger, consolidation or otherwise, unless approval is
granted by the City Council to ensure a review of unforeseen
circumstances not present at the time of the original franchise.
The City's approval shall not be unreasonably withheld. Such
costs associated with this review process shall be reimbursed to the
City by a new prospective franchisee. -
An assignment of a franchise shall be deemed to occur if there is
an actual change in control or where ownership of fifty percent
(50%) or more of the beneficial interests, singly or collectively,
are obtained by other parties. The word "control" as used herein
is not limited to majority stock ownership only, but includes actual
working control in whatever manner exercised.
A franchisee shall promptly notify the City prior to any proposed
change in, or transfer of, or acquisition by any other party of
WSS129325.10 - 18 -
control of a franchisee's company. Every change, transfer, or
acquisition of control of a franchisee's company shall cause a
review of the proposed transfer. In the event that the City adopts
a resolution denying its consent and such change, transfer or
acquisition of control has been effected, the City may cancel the
franchise. Approval shall not be required for mortgaging purposes
or if said transfer is from a franchisee to another person or entity
controlling, controlled by, or under common control with a
franchisee.
The City will exercise such regulatory control as it has under the
Act to monitor ownership, control, utilization and transfer of a
franchise.
4.68.290 Removal & Abandonment of Property of Franchisee
The City may direct a franchisee to temporarily disconnect or
bypass any equipment of a franchisee in order to complete street
construction or modification, install and remove underground
utilities, or for other reasons of public safety and efficient
operation of the City. Such removal, relocation or other
requirement shall be at the sole expense of a franchisee.
In the event that the use of any part of the cable system is
discontinued for any reason for a continuous period of twelve (12)
months, or in the event such system or property has been installed
in any street or public place without complying with the
requirements of the Franchise or other City ordinances or the
Franchise has been terminated, cancelled or has expired, a
franchisee shall promptly, upon being given ten (10) days' notice,
remove within ninety (90) days from the streets or public places all
such property and poles of such system other than any which the
City may permit to be abandoned in place which permission shall
not be unreasonably withheld. In the event of such removal, a
franchisee shall promptly restore the street or other areas from
which such property has been removed to a condition reasonably
satisfactory to the City.
Any property of a franchisee remaining in place ninety (90) days
after the termination or expiration of the franchise shall be
considered permanently abandoned unless the franchisee has
commenced removal within a reasonable time.
WSS129325.1O - 19 -
Any property of a franchisee to be abandoned in place shall be
abandoned in such manner as the City shall prescribe. Upon
permanent abandonment of the property of a franchisee in place,
the property shall become that of the City, and a franchisee shall
• submit to the City Clerk an instrument in writing, to be approved
by the City Attorney, transferring to the City the ownership of
such property. None of the foregoing affects or limits franchisee's
rights to compensation for an involuntary abandonment of its
property under State, or Federal law.
4.68.300 Revocation for Cause
Any franchise granted by the City may be terminated during the
period of such franchise for repeated failure by a franchisee to
comply with material provisions of this Ordinance, the Franchise
or FCC Regulations.
The procedure to be followed resulting in termination for any of
the above reasons, save franchisee's request, shall be:
1. The City Council shall identify the deficiencies or
noncompliance and shall direct a franchisee, in writing, to correct
such deficiencies or comply with such regulations within thirty
(30) days or a reasonable period of time.
2. Failure to comply with the provision of (a) above will
cause the matter of noncompliance to be brought before the City
Council for hearing.
3. At such hearing a franchisee and other interested
parties shall be given fair opportunity for full participation,
including the right to introduce evidence, to require the production
of evidence, and to question witnesses. The City Council, or its
designee, acting as hearings officer, will make the determination
as to whether any non - compliance or deficiency was without just
cause. In the event the City Council finds that such non-
compliance or deficiency was without just cause, the City Council
may in its sole discretion fix an additional time period to cure such
deficiency(ies). If the deficiency has not been cured at the
expiration of any additional time period or if the Council does not
grant any additional period, the City Council may by ordinance
declare the franchise to be terminated and forfeited.
WSS129325.10 - 2 0 -
4. If a franchisee appeals revocation and termination, such
revocation may be held in abeyance pending judicial review by a
court of competent jurisdiction, provided a franchisee is otherwise
in compliance with the Franchise.
5. Nothing contained in the above subsections of this
Section shall prevent the issuance of a new franchise containing
terms substantially the same or identical to a franchise which
previously was revoked, upon satisfactory assurances made to the
City Council that the terms and conditions of this Ordinance can
be met by the new franchisee.
4.68.310 Effect of Termination for Non-Compliance
If any franchise is terminated by the City by reason of a
franchisee's non - compliance, that part of the system under such
franchise located in the streets and public property, shall, at the
election of the City, become the property of the City in accordance
with the City's as well as a franchisee's rights and remedies under
State and Federal law. If the City, or a third party, does not
purchase the system, a franchisee shall, upon order of. the City
Council, remove the system as required under Section 4.68.290
Removal & Abandonment of Property of Franchisee of this
Ordinance.
4.68.320 Indemnity & Hold Harmless
A franchisee will indemnify and hold harmless the City from any
and all liabilities, fees, costs and damages, except in the case of
judicially determined gross negligence and /or willful misconduct
of the City, whether to person or property, or expense of any type
or nature which may occur to the City by reason of the
construction, operation, maintenance, repair and alteration of a
franchisee's facilities or any other actions of a franchisee in the
City. In any case in which suit or action is instituted against the
City by reason of damage or injury caused by a franchisee, the
City shall cause written notice thereof to be given to a franchisee
and a franchisee thereupon shall have the duty to appear and
defend any such suit or action, without cost or expense to the City.
WSS129325.10 - 2 1 -
4.68.330 Insurance
A franchisee shall furnish the City with a certified copy or original
of a comprehensive liability insurance policy naming the City as
an additional insured. The amount of such policy shall be
established in the Franchise Agreement. Such insurance must be
in place no later than the date of acceptance of a franchise by a
franchisee. This insurance shall be maintained in full force at the
franchisee's expense throughout the period of the franchise. The
City may delineate more specific details concerning such insurance
in the Franchise Agreement.
4.68.340 Performance Bond
A franchisee shall promptly repair or cause to be repaired any
damage to City property caused by a franchisee or any agent of a
franchisee. A franchisee shall comply with all present and future
ordinances and regulations regarding excavation or construction
and, if deemed necessary by the City, shall be required to post a
performance bond or other surety acceptable to the City in an
amount specified by the City in favor of the City warranting that
all restoration work will be done promptly and in a workmanlike
manner and that penalties, if any, after final adjudication are paid
to the City within ninety (90) days of such finding.
4.68.350 Recourse Against Bonds and Other Security
Bonds and other security may be utilized by the City for the
purposes, including, but not limited to, reimbursement of the City
by reason of a franchisee's failure to pay the City any sums due
under the terms of this Ordinance or the franchise, reimbursement
of the City for reasonable costs borne by the City to correct
franchise violations not corrected by a franchisee after due notice;
and monetary remedies or damages assessed against a franchisee
due to default or violations of the franchise requirements or this
Ordinance.
A. Recourse. In the event franchisee has been declared to be in
default by the City under Section 4.68.300 Revocation For Cause,
and if a franchisee fails, within thirty (30) days of mailing of the
City's finding, to pay the City any franchise fee, penalties, or
monetary sanctions, or fails to perform any of the conditions of the
franchise, or fails to file for judicial review of the City's findings,
WSS129325.10 - 22 -
the City may thereafter foreclose against the performance bond
and /or withdraw from any other security an amount sufficient to
compensate the City's damages, with interest at the legal rate.
Upon such foreclosure or withdrawal, the City shall notify a
franchisee in writing, by First Class Mail, postage prepaid, of the
amount and date thereof.
B. Restoration. Within thirty (30) days after mailing notice to
a franchisee that the City has foreclosed franchisee's performance
bond or that any amount has been withdrawn by the City from the
other security pursuant to subsection "A" above, a franchisee shall
deposit such further bond or sum of money, or other security, as
the City may require, sufficient to meet the requirements of this
Ordinance and the Franchise Agreement.
C. Rights of the City. The rights reserved to the City with
respect to any bond or security are in addition to all other rights
of the City whether reserved by this Ordinance or authorized by
law, and no action, proceeding, or exercise of a right with respect
to any bond or other security shall constitute an election or waiver
of any rights or other remedies the City may have.
4.68.360 Franchising Costs
The Operator shall pay to the City upon acceptance of any initial
franchise or renewal franchise granted hereunder, the City's
reasonable out -of- pocket costs associated with the franchising
process up to a maximum amount specified in the Franchise
Agreement. The amount of the filing fee shall be a credit against
these out -of- pocket costs. Costs shall include such items as
consulting fees, expenses, and the costs of publishing notices and
ordinances, etc. Such payment is not to be considered in lieu of
franchise fee payments. Payment is due within thirty (30) days of
receipt of appropriate invoice from the City.
4.68.370 Equalization of Civic Contributions
In the event of one or more new franchises being granted, the City
may require that such subsequent franchisees pay to the City an
amount proportionally equal to franchising costs contributed by the
initial franchisee. These costs may include but are not limited to
such features as access and institutional network costs, bi-
WSS129325.10 - 23 -
directional or equivalent cable installed to municipal buildings and
similar expenses.
Additional franchisees shall provide all PEG access channel(s)
currently available to the subscribers of existing franchisees. In
order to provide these access channels, additional franchisees shall
interconnect, at their cost, with existing franchisees, subject to any
reasonable terms and conditions that the existing franchisee
providing the interconnection may require. These interconnection
agreements shall be made directly between the franchisees. The
City Council, in such cases of dispute of award, may be called
upon to arbitrate regarding these arrangements.
Additional franchisees shall contribute towards costs of PEG access
paid by a prior franchisee by paying to the prior franchisee on
each anniversary of the grant of the subsequent franchise an
amount equal to a proportionate share of the amount contributed
by the prior franchisee for PEG access costs in constant dollars.
This proportion shall be based upon the number of subscribers in
the City held by each franchise and shall be contributed until such
time as equal contributions towards the cost of PEG access have
been made.
4.68.3 80 Inconsistency
If any portion of this Ordinance should be inconsistent or conflict
with any rule or regulation now or hereafter adopted by the FCC
or other Federal law, then to the extent of the inconsistency or
conflict, the rule or regulation of the FCC or other Federal law
shall control for so long, but only for so long, as such rule,
regulation, or law shall remain in effect; provided the remaining
provisions of this Ordinance shall not be effected thereby.
Section 2. City Council of the City of Edmonds hereby approves a franchise
agreement in the form set forth on the attached Exhibit A, incorporated by this reference as fully
as if herein set forth and the Mayor is hereby authorized to execute the agreement on behalf of
the City.
WSS129325.10 - 24 -
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S . FAHEY
ATTEST /AUTHENTICATED :
Z'-4� 'J �&�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 4/12/96
PASSED BY THE CITY COUNCIL: 4/16/96
PUBLISHED: 4/21/96
EFFECTIVE DATE: 4/26/96
ORDINANCE NO. 3083
WSS129325.10 - 2 5 -
TABLE OF CONTENTS
Section Page
TABLE OF CONTENTS
Section Page
1.
Purpose
3
2.
Length of Franchise
3
3.
Application
3
4.
Service Area
3
5.
Franchise Fee
4, 5
A. Late Payment
4, 5
B. Financial Reports
5
C. Audit by City
5
D. Non- waiver
5
E. Taxes
5
6.
Technical Standards
6
7.
Technical Evaluation
6, 7
8.
Reports
7, 8
9.
Customer Service
8
10.
Telephone Response
8, 9
11.
Failure to Improve Customer Service
9
12.
Refunds for Outages
10
13.
Termination of Subscriber Service
10, 11
1. Subscriber Termination
10
2. Prompt Disconnection or Downgrade Upon Request:
Charges
10
3. Subscriber Return of Equipment
10
WSS128996.1 AGR
-1 -
TABLE OF CONTENTS
Section Page
WSS128996.1 AGR -2-
4. Charges Upon Failure to Recover Equipment
10,
11
5. Equipment Returns
11
14.
Future Provisions
11,
12
A. Upgrade
11
B. Other Services
11,
12
15.
Emergency Override
12,
13
16.
Standby Power
13
17.
Programming
13
18.
Access Channels
13,
14
A. Public Access
13,
14
B. Educational Access
14
C. Government Access
14
D. Additional Channels
14
19.
Access Cablecasting Equipment
14,
15
A. Government
14
B. Public /Educational
14,
15
20.
Public Buildings
15
21.
Institutional Networks (I -Nets)
15,
16
A. City Facilities Network
16
B. Educational Facility
16
22.
Interconnection
16
23.
Coverage
16,
17
24
Cable Availability
17
25.
Extraordinary Installation Charges
17
26.
Penalties
17 -20
27.
Performance Review Extension
20,
21
WSS128996.1 AGR -2-
TABLE OF CONTENTS
Section Page
28.
Insurance
29.
Independent Contractors
30.
Franchising Costs
31.
Entire Agreement
32.
Successors or Assigns
33.
Acceptance
34.
Effective Date
35.
Notice
Appendix A
Appendix B
Appendix C
Appendix D
21, 22
22
22
22
22
23
23
23
FCC Customer Service Standards
Government Access Cablecast Equipment
Educational Facilities
Public Buildings
WSS1 28996.1 AGR -3-
1
2 Section 1: Purpose
3 This Agreement shall establish a non - exclusive Franchise and shall constitute
4 an agreement between the City of Edmonds (hereinafter the "City ") and Edmonds
5 Cable Company (hereinafter the "Operator "). The Operator promises to construct,
6 maintain, and operate a cable television system for the distribution of television and
7 other electronic signals pursuant to the terms of this Franchise. The City agrees to
8 grant the Operator all necessary rights and privileges to use public rights of way
9 necessary for a cable television system. This agreement shall, as of its effective date,
10 supersede and replace all existing franchises previously granted by the City to the
11 Operator or any of its predecessors, subsidiaries or affiliated companies.
12 Section 2: Length of Franchise.
13 The length of this Franchise shall be for a term of fifteen (15) years from April
14 26, 1996 through midnight April 26, 2011 subject to the conditions specified in
15 Section 27: Performance Review Extension.
16 Section 3: Application.
17 An Operator making application for such a franchise shall submit the application
18 on applicable forms and furnish a non - refundable filing fee of Five Thousand Dollars
19 ($5,000.00) which is not in lieu of franchise fees or other contributions to the City.
20 Section 4: Service Area.
21 The Operator's service area shall be the entire incorporated area of the City of
22 Edmonds, in its present incorporated form or in any later reorganized, consolidated,
23 enlarged, or re- incorporated form.
24 Section 5: Franchise Fee.
25 The Operator shall pay to the City quarterly, on or before the thirtieth (30th) day
26 of each calendar quarter, a sum equal to five percent (5 %) of Gross Revenues, for the.
27 preceding three calendar months, as defined in Ordinance 3083. Gross revenues that
'28 are derived as a portion of a national or regional service shall be computed on a per
29 subscriber basis if such determination cannot be achieved by other means.
30 The franchise fee payable by a franchisee to the City on Gross Revenues
WSS128996.1 AGR -4-
1 derived from any new, non -cable television - related programming product or other
2 communication services such as interactive data, telephone transmission or other
3 communications products or services, which is delivered to the subscriber by using
4 public rights -of -way, shall be at the same rate as the fee, tax, assessment or other
5 revenue payable to the City by other providers of the same product or services within
6 a franchisee's franchise service area. As used in this section, a non - programming
7 product or service shall be considered new if a franchisee was not already providing
8 it as of the enactment of its franchise.
9 The City may modify the franchise fee if so permitted by Federal and State law.
10 Prior to implementation of any modification in franchise fees the Operator may request
11 a public hearing by the City Council to discuss said modification. Following such a
12 hearing the City Council may require the implementation of such modification in
13 accordance with the provisions of this Ordinance.
14 A. Late Payment. Any quarterly franchise fee not paid by the Operator
15 within thirty (30) days after the end of a calendar quarter shall bear interest at the rate
16 of twelve percent (12 %), per annum or whatever maximum amount is allowed under
17 State law, whichever is greater, from the due date until paid.
18 B. Financial Reports. Each franchise fee payment shall be accompanied by
19 a financial report on a form provided by the City showing the basis for the Operator's
20 computation for each income segment as indicated. Gross revenue sources which
21 may not be applicable shall be clearly delineated on the report.
22 C. Audit by City. The City shall have the right, upon reasonable notice of
23 no less than ten (10) working days, to inspect the books and records of the Operator
24 during normal business hours, for the purpose of ascertaining the actual Gross
25 Revenues collected by the Operator during any of the five (5) previous calendar years.
26 In the event a discrepancy exists of more than ten percent (10 %) between the
27 financial report submitted by the Operator with a quarterly payment and the actual
28 Gross Revenues collected by the Operator, the Operator agrees to pay to the City the
29 costs of such audit. In the event that additional franchise fees are due the City, the
30 Operator further agrees to pay interest as required for late payment on such additional
WSS1 28996.1 AGR -5-
1 franchise fees computed from the date on which such additional franchise fees were
2 due and payable.
3 D. Non - waiver. Acceptance of any franchise fee payment by the City shall
4 not be construed as an agreement by the City that the franchise fee paid is in fact the
5 correct amount, nor shall acceptance of payment by the City be construed as a release
6 or waiver of any claim the City may have for further or additional sums payable under
7 the provisions of this Ordinance.
8 E. Taxes. Nothing in this Section shall limit the Operator's obligation to pay
9 applicable local, State, or Federal taxes.
10 Section 6: Technical Standards.
11 Subject to Federal, State and local law, the Operator shall comply with FCC
12 rules, Part 76, Subpart K, Section 76.601 through 76.610 as amended, hereafter,
13 and, at the minimum, the following:
14 1. Applicable City, State and National /Federal Codes and Ordinances;
15 2. Applicable Utility Joint Attachment Practices;
16 3. The National Electric Safety Code; ANSI C2;
17 4. City Utility Code Requirements;
18 5. City Rights -of -Way Procedures;
19 6. Bell System Code of Pole Line Construction
20 The Operator shall notify the City prior to the date of the semi - annual FCC Proof
21 of Performance Test so that the City, as authorized by FCC regulations, may, at its
22 option, monitor the taking of such tests. The Operator shall in any event make
23 available a copy of the results of the system evaluation to the City at the same time
24 as submission to the FCC.
25 Section 7: Technical Evaluation
26 If deemed necessary, the City may at any time, upon not less than ten (10)
27 days written notice to the Operator, review the cable system's technical performance.
28 During such technical evaluation, the Operator shall fully cooperate with the City and
29 shall provide without cost such reasonable information and documents as the City may
30 request to enable the City to perform technical evaluations.
WSS1 28996.1AGR -6-
1 If the City has concerns because of reoccurring technical problems with the
2 Operator's cable system it may retain an independent consultant to conduct an
3 analysis of the cable system and its technical performance and submit a report of such
4 analysis to the City. The City shall take into consideration any efforts taken to correct
5 such deficiencies.
6 The report prepared by the consultant in response to the City's request for a
7 system evaluation shall include:
8 1. A description of the technical problem in cable system performance
9 which precipitated the special tests;
10 2. What cable system components were tested;
11 3. The equipment used and procedures employed in testing;
12 4. The method, if any, by which specific performance problems may be
13 resolved;
14 5. Any other information pertinent to said tests and analyses which may be
15 required by the City.
16 If the system is not in compliance with FCC standards or the requirements of
17 the Franchise, and if information concerning such noncompliance was not made
18 available to the City by the Operator before the tests were conducted, the Operator
19 shall reimburse the City for any costs involved in conducting such tests, such as
20 consultant fees or other expenses.
21 Section 8: Reports.
22 The Operator shall furnish, upon written request, made by the City not more
23 often than once each calendar year a report of its activities as appropriate. Such
24 report shall include:
25 1. Most recent annual report of the Operator, if the Operator is required to
26 file annual reports with the Securities Exchange Commission.
27 2. The number of homes passed.
28 3. The number of subscribers with basic services.
29 4. The number of subscribers with premium services.
30 5. The number of hook -ups in period.
WSS128996.1 AGR -7-
1 6. The number of disconnects in period.
2 7. Total number of miles of cable in City.
3 8. A summary of written complaints received by category.
4 9. Copies of all FCC complaint logs.
5 10. A statement of its current billing practices, and a sample copy of the bill
6 format.
7 11. A current copy of its subscriber service contract.
8 12. Report on operations - Such other reports with respect to its local
9 operation, affairs, transactions or property as are necessary to monitor
10 compliance with this Agreement and the Ordinance.
11 The Operator shall have not less than sixty (60) days to prepare and submit this
12 report.
13 Section 9: Customer Service.
14 At a minimum, the Operator shall at all times be in compliance with FCC
15 Customer Service obligations 76.309, Subpart II, or as may be amended. The City,
16 however, reserves the unilateral right to impose more stringent requirements if it so
17 deems necessary. Such standards are appended in Appendix "A ".
18 Section 10: Telephone Response.
19 In order that the City may be informed of the Operator's success in achieving
20 satisfactory customer relations in its telephone answering functions, the Operator
21 shall, upon the completion of the upgrade and thereafter upon written request by the
22 City, not more often than once each calendar quarter, provide the City with a
23 summary that will provide, at a minimum, the following information for the
24 immediately preceding calendar quarter:
25 1. Number of calls received per hour;
26 2. Time taken to answer;
27 3. Average talk time;
28 4. Number of calls abandoned by the caller;
29 5. Average hold time;
30 6. Percentage of time all lines busy.
WSS128996.1 AGR -8-
1 The Operator shall have not less than forty -five (45) days to prepare and submit
2 the report. This data will be compared to minimum standards of the FCC Customer
3 Service obligations 76.309, Subpart II or as amended incorporated herein by reference.
4 Calls for service generated during periods of system outages which effect more
5 than twenty -five (25) customers may be excluded from the service response
6 calculations.
7 Section 11: Failure to Improve Customer Service.
8 The City or its designee shall review telephone response and customer service
9 information with the Operator. It will be assumed that improvements will be made by
10 the Operator in the areas of material and repeated non - compliance with FCC standards
11 from the last reporting period. Failure to do so may result in the calling of a public
12 hearing by the City Council for the purpose of examining the reasons, if any, why
13 such improvements were not achieved by the Operator.
14 Record of such non - compliance with FCC Standards may be alleged by the City
15 as grounds for denying a renewal of the Operator's franchise under Section
16 626(c)(1)(A) and (B) of The Act
17 Section 12: Refunds for Outages
18 No charge for the period of a system outage shall be made to the subscriber if
19 the subscriber was without service for a period exceeding twenty -four (24) hours and
20 requests a refund for the period of outage within 30 days thereafter. It will be the
21 responsibility of the Operator to notify a Subscriber of the right to a refund.
22 Section 13: Termination of Subscriber Service
23 1. Subscriber Termination. A Subscriber may terminate service at any time
24 unless the Subscriber has agreed in writing to accept service for a specified time.
25 2. Prompt Disconnection or Downgrade upon Request; Charges. The
26 Operator shall promptly disconnect or downgrade any Subscriber who so requests
27 from the Operator's Cable System. No period of notice prior to voluntary termination
28 or downgrade of service may be required of Subscribers by the Operator. No charge
29 may be imposed for any voluntary disconnection, and downgrade charges must
30 comply with the requirements of federal law. No charge for monthly subscription fees
WSS128996.1 AGR -9-
1 shall be imposed after the requested date of disconnection so long as the Subscriber
2 returns equipment necessary to receive a service on or before the date of the
3 disconnection. For the purposes of this section, a requested date of disconnection
4 must be a date on or after the date on which the Subscriber notifies the Operator of
5 its desire to disconnect.
6 3. Subscriber Return of Equipment. A Subscriber may return the Operator's
7 equipment to the Operator's business office.
8 4. Charges Upon Failure to Recover Equipment. Upon termination of
9 services, should the Operator not promptly collect any equipment from the premises
10 of the Subscriber which the Operator has agreed to remove within an agreed amount
11 of time, the Subscriber shall not be charged for continued services, nor for failure to
12 return any equipment.
13 5. Equipment Returns. Should the Operator require the subscriber to return
14 the equipment, the Operator shall establish convenient hours including evening and
15 weekend hours, for return of the equipment, and the subscriber shall have a
16 reasonable length of time in which to return the equipment. The subscriber shall be
17 advised of the date by which the equipment.must be returned before a charge may be
18 imposed for failure to return equipment.
19 Section 14: Future Provisions
20 A. Upgrade. The Operator shall begin design of its proposed system
21 upgrade promptly following the effective date of this agreement and shall complete
22 the design no later than six (6) months after the effective date of this agreement. The
23 Operator shall complete the upgrading of the cable television system to a minimum of
24 seventy (70) channel capacity no later than thirty six (36) months from the effective
25 date of the franchise. Such increased channel capacity may be by whatever method
26 suitable to the operator's engineering analysis provided that such upgrades meet the
27 requirements of Section 6: Technical Standards.
28 Following the commencement of construction of the upgrade, the Operator shall
29 meet, upon request, with the City to discuss its progress until the upgrade is
30 complete.
WSS128996.1 AGR -10-
1 B. Other Services. Because of the quickening pace of electronic
2 communication development it is essential that the City be provided with such new
3 features when they become technologically and economically feasible. While such
4 potential services are too numerous to enumerate, they would include, but not be
5 limited to, computer interaction, interactive video on demand, interactive shopping,
6 and similar developments. Recognizing that these types of services are not generally
7 available at the present and that the City's future franchise term expiration may not
8 coincide with the advent of such services, the City shall require that these features
9 be made available to the City within a reasonable time after Fifty -one percent (51 %)
10 of other franchised areas in the Snohomish -King County area in Washington state have
11 been furnished such services by the Cable Operator in those areas for twenty -four (24)
12 months.
13 However, prior to the implementation, the Operator may request a public
14 hearing to review the economic feasibility and cost /benefit to the City's subscribers
15 of such options. The City Council then, at its discretion, may require the activation
16 of such feature(s), extend the time requirement, or postpone the event until further
17 hearing.
18 Section 15: Emergency Override
19 The Operator shall be in compliance by no later than twelve (12) months from
20 the effective date of a Franchise, with FCC Regulations requiring installation of an
21 Emergency Alert System (EAS) and provide an audio interrupt on all channels and
22 video message on at least one channel during an emergency.
23 The Operator shall establish a process which will provide a character generated
24 scroll and will make its best effort to furnish a voice override notifying viewers and
25 listeners of an emergency. Subject to federal and state laws and regional planning
26 authorities, the City may preempt the operation of the system in the event of an
27 emergency. The City, at its option may elect to share this service with adjoining
28 communities in the event of an emergency if such sharing is, feasible with then
29 existing technology in the system.
30 The City shall hold the Operator, its agents, employees, officers, directors,
WSS128996.1 AGR -11-
1 shareholders and assigns harmless from any claims arising out of the emergency use
2 of its transmitting facilities by the City.
3 Section 16: Standby Power
4 No later than the completion of the upgrade, the Operator shall install standby
5 alternate electrical power sources in the event of power failures so as to provide
6 uninterrupted service to subscribers for a limited period of time in the event of a
7 temporary power outage.
8 Section 17: Programmina
9 For informational purposes the Operator shall file with the City a listing of its
10 programming and the tiers in which they are placed. The Operator shall consider
11 suggestions of general program categories as determined from time to time in
1.2 residential questionnaire polls conducted by the Operator or other general information
13 obtained by the Operator from the Subscriber. If in the future the City's regulatory
14 authority over programming selection may be broadened, the City and the Operator
15 agree to discuss the addition of programming suggested by residential questionnaire
16 polls to the system's channel carriage.
17 Section 18: Access Channels
18 The Operator shall designate a total of seven (7) channels for Public,
19 Educational and Government Access use. Such use may be shared among the several
20 local contiguous jurisdictions where the Operator provides cable service except as
21 provided below:
22 A. Public Access. Upon request, one (1) channel upon completion of the
23 upgrade, but no later than thirty -six (36) months from the effective date of this
24 Franchise, whichever comes sooner. Such channel(s) may be shared by the
25 jurisdictions indicated above.
26 B. Educational Access. One (1) channel under the same date specific
27 conditions as above upon a showing to the Operator by community educators of the
28 need for such a channel and the availability of appropriate programming.
29 C. Government Access. Upon request, one (1) channel upon completion of
30 the upgrade, but no later than thirty -six (36) months from the effective date of this
WSS128996.1 AGR -12-
1 Franchise, whichever comes sooner. This channel shall be for the sole and exclusive
2 use of the City and shall not be shared with any other franchising authority.
3 D. Additional Channels. Additional channels, up to the maximum total of
4 seven (7), shall be made available when a channel is used for access purposes with
5 programming of any type during fifty percent (50 %) of the hours between 10:00 a.m.
6 and 10:00 p.m., during any consecutive ten (10) week period. Except for character
7 generated announcements, the programming of additional channels required shall be
8 distinct and non - repetitive of the previous channel. Based upon this criterion the
9 Operator shall, within thirty (30) days following a request by the City, provide another
10 designated access channel for this purpose.
11 Section 19: Access Cablecasting Equipment
12 A. Government. The Operator shall furnish eauipment at its cost for
13 cablecasting of taped and /or live coverage of Council meetings and other events from
14 City Hall. This equipment is listed in Appendix "B ". Such designated equipment shall
15 be furnished upon the request of the City no later than six (6) months of the effective
16 date of the Franchise.
17 B. Public /Educational. The Operator shall support the cable casting facility
18 located at Edmonds Community College which will serve as a studio for both public
19 and educational purposes. The Operator shall provide the amount of Forty Thousand
20 Dollars ($40,000.00) to the college for purchasing new equipment towards this end.
21 At such time as there is demonstrated community interest in public cablecasting, the
22 City may at its expense elect to construct and equip a separate studio for this purpose
23 or to share a facility with other nearby communities.
24 Section 20: Public Buildinas
25 The Operator shall provide Basic Cable Service without charge for installation
26 or monthly rate to such public buildings and schools as specified in Appendices "C"
27 and "D" as well as other such public buildings or schools that may be constructed
28 during the period of the Franchise with points of entry within one hundred fifty (150)
29 feet of the trunk or distribution system. There shall be an installation charge eaual to
30 the Operator's cost for time and materials for public buildings or schools with points
W SS128996.1 AGR -13-
1 of entry more than one hundred fifty (150) feet from the trunk or distribution system.
2 Any necessary internal wiring shall be provided on a time and materials basis at the
3 Operator's cost.
4 Section 21: Institutional Networks (I -Nets)
5 The cable system serving all public buildings shall be capable of upstream and
6 downstream transmission and may use any technically suitable method (e.g., hardline,
7 microwave with scramblers /descramblers, etc.) selected by an operator. New facilities
8 constructed subsequent to the date of this Ordinance shall likewise be furnished the
9 same capability providing they meet the trunk and distribution line requirements.
10 A. City Facilities Network. Public buildings including public safety facilities
11 as shown on Appendix "Y shall be interconnected to each other.
12 B. Educational Facility. Those schools and libraries as indicated in Appendix
13 "C" shall be interconnected to each other. As future requirements may so dictate,
14 coordination with other regional educational entities may necessitate interface with
15 adjacent school districts and community colleges as appropriate.
16 Section 22: Interconnection
17 In order to implement the cablecasting of educational and /or public- access
18 programs in accordance with Section 18: Access Channels, the Operator shall
19 exercise reasonable efforts to make arrangements with the cable operator serving the
20 City of Lynnwood to interconnect the two systems for this purpose after the
21 completion of the rebuild.
22 Section 23: Coverage
23 Subject to the density considerations in Section 24: Cable Availability, the City
24 shall be provided with cable television service in the entire Franchise area. If such a
25 condition does not now exist, the Operator shall complete such wiring and be in a
26 position to offer cable reception to all residents within six (6) months from the grant
27 of the Franchise. Areas annexed by the City after the date of the Franchise which do
28 not have cable television service at the time of annexation shall be provided with cable
29 availability within twelve (12) months after the annexation.
30 The Operator shall not be required to furnish cable to subsequently annexed
WSS128996.1 AGR -14-
1 areas which have cable service provided by another operator. In those areas which
2 are adjacent to an unbuilt area, the Operator with the nearest trunk and /or distribution
3 line will be responsible to provide the required cable service.
4 Section 24: Cable Availability
5 Cable Service shall be available to all residents within the City provided there
6 are at least thirty -two (32) dwelling units per street mile.
7 Section 25: Extraordinary Installation Charges
8 All residents requesting cable service and living within one hundred fifty (150)
9 feet of existing cable distribution or trunk lines shall have the cable installed at the
10 prevailing published installation rate. Underground services where aerial services are
11 permitted shall be furnished on a time and material basis.
12 In the event a request is made for service and the residence is more than one
13 hundred fifty (150) feet from an existing cable distribution or trunk line, such
14 installation shall be completed on a time and material cost basis for that portion of the
15 service line extending beyond one hundred fifty (150) feet.
16 In the event a request is made for service by a resident(s) living in an area not
17 meeting such density criteria in accordance with Section 24: Cable Availability, the
18 Operator shall enter into a contractual agreement with the resident(s) requesting
19 service wherein the Operator shall be reimbursed for its construction costs. In such
20 instance, upon request, the Operator shall make a pro -rata refund if and when
21 _ additional dwellings are serviced by the same distribution line.
22 Section 26: Penalties
23 The City shall notify the Operator in writing stating the nature of a perceived
24 failure by the Operator to comply with conditions of the Franchise and setting forth
25 a reasonable time within which the Operator will be allowed to rectify such alleged
26 improper condition. The Operator may request an extension of time if construction or
27 other performance is suspended or delayed by the City, or where unusual weather,
28 acts of God (e.g. earthquakes, floods, etc.), extraordinary acts of third parties, or
29 other circumstances which are reasonably beyond the control of the Operator delay
30 or impair performance provided that the Operator has not, through its own actions or
WSS128996.1 AGR _15-
1 inactions, contributed to the delay. The extension of time in any case shall not be
2 greater than the extent of the actual non - contributory delay experienced by the
3 Operator.
4 Failure of the Operator to correct these deficiencies, except in those
5 circumstances cited above, may result in the City calling a hearing to determine if
6 penalties should be imposed upon the Operator or if a violation of the Franchise has
7 occurred in accordance with Section 30 Revocation for Cause of the Master
8 Ordinance.
9 Such hearing shall be informal after prior reasonable written notice, and shall
10 be conducted by the City's Community Services Director in a way which provides the
11 Operator with an opportunity to be heard prior to a finding by the City regarding
12 violation of the Franchise. The decision shall be in writing and include findings of fact
13 and conclusions. The City's decision shall be based upon a preponderance of the
14 evidence and only substantial and competent evidence shall be considered. The
15 Operator shall have the right to seek de novo judicial review of any adverse finding by
16 filing a written notice of appeal with the Snohomish County Superior Court within
17 twenty (20) calendar days of receipt of the written decision. If federal jurisdictional
18 standards are met, the Operator may alternatively seek review of any federal question
19 in the Federal Court of the Western District of Washington within said twenty (20) day
20 period. In the event of an appeal, the prevailing party shall be entitled to its
21 reasonable costs and attorney fees.
22 If a final determination is made that the Operator is in violation of the Franchise,
23 monetary penalties of five hundred dollars ($500.00) per day will be imposed for each
24 day beyond thirty (30) days that the Operator has not fulfilled the requirement(s):
25 1. Failure to conform to customer service standards as required by, Section
26 9: Customer Service.
27 2. Upgrade and features as required by Section 14: Future Provisions.
28 3. PEG access channel allocations as required by Section 18: Access
29 Channels.
30 4. Public access facilities as required by Section 19: Access Cablecasting
WSS128996.1 AGR -16-
1 Equipment
2 5. Provision of equipment and funds for educational access cablecasting as
3 required by Section 19: Access Cablecasting Equipment.
4 6. Provision of equipment and funds for government access cablecasting as
5 required by Section 19: Access Cablecasting Equipment
6 7. Institutional network activation as required by Section 21: Institutional
7 Networks (I- Nets).
8 8. Coverage of existing and future annexed areas as required by Section 23:
9 Coverage.
10 Monetary penalties may be assessed retroactive to the date that notification
11 was provided to the Operator in such cases where the Operator has been non -
12 responsive in correcting the situation or in the case of flagrant violations. If payment
13 of any of these penalties is delinquent by three (3) months or more, the City may
14 require partial or total forfeiture of performance bond or other surety. These
15 provisions benefit the City. All damage awards or penalties shall be paid to the City.
16 This section does not create a private right of action for the benefit of subscribers.
17 Section 27: Performance Review Extension
18 Following the tenth (10th) year of operation under the new Franchise the City
19 and the Operator shall meet for the purpose of reviewing, and at the option of either
20 party, renegotiating all or any of the following items:
21 1. Review of whether the provisions for public educational and
22 governmental channels set forth in Section 18: Access Channels
23 adequately meets then current public need and necessity. Negotiations
24 may result in an increase /decrease or reallocation of the access channels
25 available.
26 2. Review of Section 14: Future Provisions, (B.) Other Services, to
27 determine whether it continues to meet the goal of the Franchise as set
28 forth in said subparagraph B. Renegotiation may include potential
29 changes in the trigger mechanism in light of the then current competitive
30 environment.
WSS128996.1 AGR -17-
1 3. Review of condition and status of the cablecasting equipment provided
2 pursuant to Section 19: Access Cablecasting Equipment, by the
3 Operator and maintained by the City to determine whether the equipment
4 should be upgraded to reflect the current state of technology in the area
5 and any obsolete equipment replaced. The cost of new equipment as
6 well as the source of funding shall be subject to negotiation.
7 4. Review of the current state of federal regulation and its impact on the
8 Franchise to determine whether issues not grandfathered under the
9 existing Franchise have impaired the Franchise's ability to meet current
10 public need and necessity or the Operator's ability to meet business
11 competition and receive a reasonable return on its investment in the
12 system.
13 The parties shall use their best efforts to reach agreement. Failure of the parties
14 to reach agreement on any item found by the City to negatively impact public need
15 and necessity may result in notification by the City of its intent to commence the
16 franchise renewal process. In the event negotiation does not result in agreement, the
17 City and Operator agree that the City may initiate such review in advance of federal
18 guidelines. Provided, however, the provisions of this Franchise shall continue in full
19 force and effect until the expiration of the Franchise as provided in the Franchise
20 Agreement or the effective date of a new Franchise.
21 Section 28: Insurance
22 The Operator shall, concurrently with the filing of an acceptance of this
23 Franchise, furnish to the City and file with the City Clerk and at all times during the
24 existence of this Franchise, maintain in full force and effect, at its own cost and
25 expense, a general comprehensive liability insurance policy, for the purpose of
26 protecting the City and all persons against liability for loss or damage, for personal
27 injury, death and property damage, and errors or omissions, occasioned by the
28 operations of the Operator under this franchise, such policy to provide minimum limits
29 of One Million Dollars ($ 1,000,000.00) for both personal injury and /or property
30 damage.
WSS128996.1 AGR -18-
1 The policies mentioned in the foregoing paragraph shall name the City as
2 additional insured and shall contain a provision that a written notice of cancellation or
3 reduction in coverage of said policy shall be delivered to the City thirty (30) days in
4 advance of the effective date thereof. If such insurance is provided by a policy which
5 also covers the Operator or any other entity or person other than those above named,
6 then such policy shall contain the standard cross - liability endorsement.
7 Section 29: Independent Contractors
8 This agreement shall not be construed to provide that the Operator is the agent
9 or legal representative of the City for any purpose whatsoever. The Operator is not
10 granted any express or implied right or authority to assume or create any obligation
11 or responsibility on behalf of or in the, name of the City or to bind the City in any
12 manner whatsoever.
13 Section 30: Franchising Costs
14 The Operator shall reimburse the City for franchising costs at a sum not to
15 exceed Twenty -One Thousand Dollars ($21,000.00).
16 Section 31: Entire Agreement
17 This agreement, including the Master Cable Ordinance and exhibits that are
18 attached hereto and incorporated herein by reference represents all of the covenants,
19 promises, agreements, and conditions, both oral and written, between the parties.
20 However, the City reserves the right to waive any of these sections without affecting
21 the applicability of other sections not so specifically waived. Waiver of any Franchise
22 requirement or Ordinance Sections by the City shall be in writing in order to be
23 effective.
24 Section 32: Successors or Assigns
25 This Franchise Agreement, including all addenda, and the City's Master Cable
26 Ordinance shall be binding to the Operator, its heirs, successors, and assigns.
27 Section 33: Acceptance
28 This grant of Franchise and its terms and provisions shall be accepted by the
29 Operator by the submission of a written instrument, executed and sworn to by a
30 corporate officer of the Operator before a Notary Public, and filed with the City within
WSS1 28996.1AGR _19-
1 thirty (30) days after the effective date of this Franchise. Such instrument shall
2 evidence the unconditional acceptance of this Franchise and the promise to comply
3 with and abide by all its lawful provisions, terms and conditions.
4 Section 34: Effective Date
5 This Ordinance shall take effect five (5) days from and after its passage and
6 publication, provided, however, the Franchise granted by this Ordinance shall not
7 become effective until the Operator files written acceptance thereof.
8 Section 35: Notice
9 Written notices shall be deemed to have been duly served if delivered in person
10 to the individual or entity for whom it was intended, or if delivered at or sent by
11 registered or certified United States mail to the last business address known to the
12 party who gives the notice.
13 All notices and requests shall be addressed to the City of Edmonds and the
14 Operator as follows:
15 CITY: City Clerk OPERATOR: Edmonds Cable
16 City of Edmonds Company
17 505 Bell Street 2225 Coburg Road
18 Edmonds, WA 98020 Eugene OR 97401
19
WSS128996.1 AGR -20-
FCC Customer Service Standards
Title 47 CFR, Part 76 (Cable Television Service), Subpart H (General
Operating Requirements) is amended as follows:
1. The authority citation for Part 76 is revised to read as follows:
AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085, 1101; 47
U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308 309; Secs. 612, 614 -615,
623, 632 as amended, 106 Stat. 1460; 47 U.S.C. Secs. 532, 533, 535,
543, 552.
2. Section 76.309 will be added to the Commission's Rules and will read
as follows:
Section 76.309 Customer Service Obligations
(a) A cable franchise authority may enforce the customer service
standards set forth in section (c) of this rule against cable operators. The
franchise authority must provide affected cable operators ninety (90) days
written notice of its intent to enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) a franchising authority and a cable operator from agreeing to
customer service requirements that exceed the standards set forth in
section (c) of this rule;
(2) a franchising authority from enforcing, through the end of the
franchise term, pre - existing customer service requirements that exceed
the standards set forth in section (c) of this rule and are contained in
current franchise agreements;
(3) any State or any franchising authority from enacting or
enforcing any consumer protection law, to the extent not specifically
preempted herein; or
(4) the establishment or enforcement of any State or municipal law
or regulation concerning customer service that imposes customer service
requirements that exceed, or address matters not addressed by, the
standards set forth in section (c) of this rule.
(c) Effective July 1, 1993, a cable operator shall be subject to the
following customer service standards:
(1) Cable system office hours and telephone availability -
(A) The cable operator will maintain a local, toll -free or collect call
telephone access line which will be available to its subscribers 24 hours
a day, seven days a week.
(1) Trained company representatives will be available to respond to
customer telephone inquiries during normal business hours.
(ii) After normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be
responded to by a trained company representative on the next business
day.
(B) Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety (90) percent of the time under normal operating
conditions, measured on a quarterly basis.
(C) The operator will not be required to acquire equipment or
perform surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates a
clear failure to comply.
(D) Under normal operating conditions, the customer will receive a
busy signal less than three (3) percent of the time.
(E) Customer service center and bill payment locations will be
open at least during normal business hours and will be conveniently
located.
(2) Installations, outages and service calls- Under normal
operating conditions, each of the following four standards will be met no
less than ninety five (95) percent of the time measured on a quarterly
basis:
(A) Standard installations will be performed within seven (7)
business days after an order has been placed. "Standard" installations ar
those that are located up to 125 feet from the existing distribution system.
(B) Excluding conditions beyond the control of the operator, the
cable operator will begin working on "service interruptions" promptly and
in no event later than 24 hours after the interruption becomes known. The
cable operator must begin actions to correct other service problems the
next business day after notification of the service problem.
2® N
APPENDIX A
(C) The 'appointment window" alternatives for installations, service
calls, and other installation activities will be either a specific time or, at
maximum, a four -hour time block during normal business hours. (The
operator may schedule service calls and other installation activities
outside of normal business hours for the express convenience of the
customer.)
(D) An operator may not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
(E) If a cable operator representative is running late for an
appointment with a customer and will not be able to keep the appointment
as scheduled, the customer will be contacted. The appointment will be
rescheduled, as necessary, at a time which is convenient for the
customer.
(3) Communications between cable operators and cable
subscribers-
(A) Notifications to subscribers-
(1) The cable operator shall provide written information on each of
the following areas at the time of installation of service, at least annually
to all subscribers, and at any time upon request:
(1) products and services offered;
(ii) prices and options for programming and conditions of
subscription to programming and other services;
(iii) installation and service maintenance policies;
(iv) instructions on how to use the cable service;
(v) channel positions of programming carried on the system; and
(vi) billing and complaint procedures, including the address and
telephone number of the local franchise authority's cable office.
(2) Customers will be notified of any changes in rates,
programming services or channel positions as soon as possible through
announcements on the cable system and in writing. Notice must be
given to subscribers a minimum of thirty (30) days in advance of such
changes if the change is within the control of the cable operator. In
addition, the cable operator shall notify subscribers thirty (30) days in
advance of any significant changes in the other information required by
the preceding paragraph.
(B) Billing-
(i) Bills will be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills will also clearly
delineate all activity during the billing period, including optional charges,
rebates and credits.
(ii) In case of a billing dispute, the cable operator must respond to
a written complaint from a subscriber within thirty (30) days.
(C) Refunds- Refund checks will be issued promptly, but no later
than either -
(i) the customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(ii) the return of the equipment supplied by the cable operator if
service is terminated.
(D) Credits- Credits for service will be issued no later than the
customer's next billing cycle following the determination that a credit is
warranted.
(4) Definitions-
(A) Normal Business Hours- The term "normal business hours "
means those hours during which most similar businesses in the
community are open to serve customers. In all cases, "normal business
hours" must include some evening hours at least one night per week
and/or some weekend hours.
(B) Normal Operating Conditions- The term "normal operating
conditions" means those service conditions which are within the control
of the cable operator. Those conditions which are not within the control of
the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which am ordinarily within
the control of the cable operator include, but are not limited to, special
promotions, pay - per -view events, rate increases, regular peak or seasonal
demand periods, and maintenance or upgrade of the cable system.
(C) Service Interruption- The term "service interruption" means the
loss of pictures or sound on one or more cable channels.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
APPENDIX B
Government Access Cablecast Equipment
CAMERA SYSTEM
Model
Qty. Manufacturer Description No.
3 JVC
3 Chip CCD Camera
KY -F55
3 JVC
Lens
HZ- 61 0MDU
3 JVC
Remote Control
RMLP 56U
1 JVC
Remote Control Cable
RMLP 56U
4 VAC
Equalizing DA
EGVB /VDA
1 VAC
Rackmount for DA's
VBRM4
PAN /TILT SYSTEM
CONTROL ROOM AND EDITING
Model
Qty.
Manufacturer
Description
No.
3
Daiwa -APT
Pan Tilt Head
3DCP2
3
ESI
Cable from Pan /Tilt Head to
WJ -KB50
1
Panasonic
Camera Lens
W2
3
ESI
15" BNC Cable from Pan /Tilt
AG 7750H
1
Panasonic
Head to Camera
110 -1 WB
1
ESI
Rackmount Controller Unit for:
TM9U/RK9UM9
1
Panasonic
Pan -Tilt -Zoom & Focus
170 -413
CONTROL ROOM AND EDITING
WSS128996.1 AGR -21-
Model
Qty.
Manufacturer
Description
No.
1
Panasonic
Video Switcher
WJMX -50
1
Panasonic
Character Generator
WJ -KB50
1
Panasonic
S -VHS Record Deck with RM
AG 7750H
1
Panasonic
S -VHS Source Deck with RM
AG 7750H
1
Panasonic
Edit Controller
AG A 770
2
JVC
9" Color Monitors
TM9U/RK9UM9
1
Panasonic
13" Color Monitor /Receiver
CTCT1383VY
1
Mackie
Audio Mixer
1202
1
Tascam
Audio Cassette Rec with RM
112MKII
1
Panasonic
3xB &W Monitor Bridge
WV -5203B
WSS128996.1 AGR -21-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
FIELD EQUIPMENT
Qty. Manufacturer
1 Panasonic
4 Panasonic
1 Bogan
1 Lowell
2 Sony
1 Shure
1 Electrovoice
1 Shure
PLAYBACK VCR'S
Qty. Manufacturer
1 Panasonic
1 Panasonic
1 Panasonic
Description
S -VHS 2CCD Camcorder
Battery for AG -455U
Tripod with Fluid Head
Ambi Light Kit
Lavalier Mics
Cardiod Mic
Omni Mic
Mic Mixer
Description
S -VHS VCP with SM
S -VHS VCR with SM
13" Color Monitor /Receiver
Model
No.
AG -455U
AGBP212
3140
TO -95
ECM -44B
SM58 -LC
635A
F42
Model
No.
AG 7150/EIP7350
AG 7350/EIP7350
CT1384VY
AUTOMATED PLAYBACK EQUIPMENT (VMI)
Model
Qty. Manufacturer Description No.
1 Leightronix PB Controller -16 VCRs, Int. Router,
Software, 386/40cpu, 13" RGB
Monitor Pro -8
2 Leightronix
CHARACTER GENERATOR
1 Amiga
1 Infochannel
Interface for AG7150/7350
4000 Computer
Presentation Software
(Miscellaneous cables will also be included.)
WSS128996.1 AGR
-22-
Infochannel
APPENDIX C
APPENDIX C
Educational Facilities
Chase Lake Elementary
21603 84th Avenue West
Edmonds Elementary
1215 Olympic Avenue
Maplewood /Special Education
20100 84th Avenue West
Seaview Elementary
8426 188th SW
Sherwood Elementary
22901 106th Avenue
Westgate Elementary
9601 220th SW
Woodway Elementary
9521 240th SW
Madrona School
9300 236th SW
23
2
3
4
5
6
7
8
Maplewood Parent Coop
8500 200th SW
Edmonds - Woodway High School
23200 100th Avenue West
24
APPENDIX C
APPENDIX D
APPENDIX D
Public Buildings
Executive Building Wastewater Treatment Plant
505 Bell Street 200 Second Avenue S.
Finance Building Fire Station No. 6
501 Bell Street 8505 Bowdoin Way
Public Safety/ Fire Station No. 10
Community Service Building 23009 88th Avenue West
250 Fifth Avenue North
Building & Parks Maintenance
Edmonds Financial Center 600 Third Avenue S.
121 Fifth Avenue North
Yost Pool
Old Public Works Building 9535 Bowdoin Way
200 Dayton Street
Meadowdale Clubhouse
Public Works Facility 6801 North Meadowdale Road
7110 210th Street SW
South County Senior Center
Anderson Center 220 Railroad Avenue
700 Main Street
WSS128996.1 AGR/F333.333/8333.
Edmonds Public Library
650 Main Street
25
SUMMARY OF ORDINANCE NO. 3083
of the City of Edmonds, Washington
On the 16th day of April 199 6 , the City Council of the City of
Edmonds, passed Ordinance No. 3083 A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS CITY CODE BY REPEALING AND REENACTING CHAPTER 4.68,
COMMUNITY ANTENNA TELEVISION SYSTEMS, TO ADOPT A MASTER ORDINANCE
REGARDING NONEXCLUSIVE FRANCHISE AGREEMENTS WITH THE CITY OF
EDMONDS, APPROVING A FRANCHISE AGREEMENT, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of April , 199 6
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHONISH,
SUMMARY OF -�
ORDINANCE NO. 3083
of the City of
Edmonds, Washington
On the 16th day of April,
i 1996, the City Council of the
City of Edmonds, gassed'
ordinance No. 3083. A sum-
mary of the content of said
ordinance, onsisting of the
title_ nrovides c as follows:
D
AND FIXING A TIME WHEN
THE SAME SHALL BECOME'
EFFECTIVE.
The full text of this Ordi-
nance will be mailed upon
request.
DATED this 77th day of
April 1996.
SANDRA S. CHASE
City Clerk
Published: April 21, 1996.
8 -2 -1
ss.
Affidavit of Publication
RECEIVED
APR 2 4 6%
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3083
..................... ....................................................... ................................... .......................
.. ....................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
April 21, 1996
......... . ................. .............. .............................................................................................
and th,
ribers
Clerk
Subscribed and sworn to before me this ........... 2.2nd
da f..... April 19...96
........ .. .. .• - - --•- ......-- .......... ,
Notary Public in and for t St a of Washington,
residing at Everett, Snoho County.
0�..►ass +sw �� �.T
cloTAry Y
Lo
5-19.98
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