HomeMy WebLinkAbout96-31ORDINANCE No. 96-31
An Ordinance Granting and Renewing a Non-Exclusive
Southwest Virginia cable, Inc. D/B/A Adelphia Cable
its Successors and Assigns to Construct, Operate a
Television System in the Town of Pulaski, Virginia
Adopted: November 19, 1996
Effective:
Franchise to
Communicati~~s,
nd Maintain a Cable
385
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ADELPHIA
. CABLE COMMUNICATIONS
JOSEPH L. PRICE
Regional Manager
AN ORDINAN Virginia Region N-EXCLUSIVE
11 Middlebrook Drive, P.O. Box 508, Staunton, Virginia 24401 p/g/A ADELPHIA
FRANCHISE TO (540) 886-3419 • FAX (540) 886-3462
CABLE COMl~rurvn,,~ if rvr~~, ~ ,,, ,,,,,,.____ _ _ __ D ASSIGNS TO
CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE TOWN OF PULASKI, VIRGINIA
Be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia, sitting in regular session on the 19th day of November, 1996, that a
non-exclusive franchise is granted to Southwest Virginia Cable, Inc. d/b/a
Adelphia Cable Communications, its successors and assigns to construct,
operate and maintain a cable television system in the Town of Pulaski,
Virginia, on the following terms and conditions:
Section 1. Purpose:
The purpose of this ordinance is to grant and renew on the terms and
conditions contained herein, anon-exclusive franchise to operate and
maintain a Cable Television System in the Town of Pulaski (hereinafter "ihe
Town"), in compliance with the Rules and Regulations of the Federal
Communications Commission to Southwest Virginia Cable, Inc. d/b/a
Adelphia Cable Communications (hereinafter the "Grantee").
A secondary purpose is to provide for governmental access for
emergency and educational purposes, for the protection and well-being of
Town citizens.
Section 2. Qualification:
The Town has approved the legal, character, financial, technical and
other qualifications of the Grantee, and the adequacy and feasibility cf its
construction arrangement and its provision of an educational-governmental
access channel to be operated from New River Community College and
linked with the cable television system by fber optic link to Pulaski County
High School and the cable television distribution point by f ber optics, (TYRO
Town of Pu/aski/Ade/phia Franchise 1997-2005 Page 1
site) to the County at no charge, as part of a full public proceeding affording
due process of law.
Section 3. Non-exclusive Franchise:
This franchise is non-exclusive. Nothing contained herein shall restrict
the right of the Town to provide for the provision of similar, identical, or
related services by other cable operators, on terms and conditions not
prohibited by state and federal laws.
Section 4. Term:
The franchise and rights granted herein shall continue in force and
effect for a term of from January 1, 1997 to January 31, 2005. The franchise
may be reviewed annually on each anniversary of enactment during which
the performance of the cable company will be reviewed. This franchise may
• be revoked as provided in Section 13.
Section 5. Service Area and Domesticity Requirements:
(a) The Cable Television System as presently constructed is hereby
approved as to extent of service area as it now exists; Grantee shall provide
a plat showing existing areas of service and proposed areas of service.
(b) Whenever Grantee shall receive a request for service from at
least five (5) subscribers within five hundred (500) yards of each other, it
shall extend its system to such subscribers at no cost to said subscribers for
system extension, other than the connection fees for all subscribers;
provided that such extension is technically and physically feasible; provided,
Grantee shall be entitled to recover from the applicants requesting service
extensions, the direct total cost of that portion of the combined trunk and
feeder line extension which exceed an average of three hundred (300) feet
per subscriber measured along the most practicable route from the nearest
technically feasible point on Grantee's system, not including length of
service drops.
Town of Pu/aski/Ade/phia Franchise 1997-2005 Page 2
(c) No person shall be refused service arbitrarily. However, for
unusual circumstances, such as requirements for underground cable or
where there is more than one hundred fifty feet (150) of distance from
distribution cable to connection of service to subscribers ar a density of less
than twenty (20) subscribers per mile of trunk or distribution cable, in order
that existing subscribers shall not be unfairly burdened, service may be
made available on the basis of capital contribution in aid of construction
including cost of material, labor, and easements.
Section 6. Reports and Filings:
(a) Upon request copies of all complaints, petitions, reports and
applications submitted by the Grantee or its subscribers to the Federal
Communications Commission, Securities and Exchange Commission, or
any other federal or state regulatory commission or agency having
jurisdiction in respect to any matters affecting cable television operations
authorized pursuant to the franchise, shall also be submitted to the Town.
(b) The Grantee shall file annually with the Town Manager, not later
than sixty (60) days after the end of the Grantee's fiscal year, a copy of its
report to its stockholders (if it prepares such a report), and a statement of
gross revenue, detailing sources of such revenues and for the purpose of
allowing the Town to verify Grantee's franchise fee payments.
Section 7. Technical. Operational. Signal Quality and Service Quality Standards:
(a) The Grantee shall put, keep, and maintain all parts of the
system in good condition throughout the entire franchise period.
(b) Upon the reasonable request for new service by any person
located within the franchise territory and meeting the requirements set out in
Section 5, the company shall, within thirty (30) days, furnish the requested
service to such person. If construction of trunk and/or feeder line is
required, a reasonable time shall be allowed for such construction beyond
the thirty (30) day period. In matters where trunk and/or feeder line
construction is not required, and where service lines exist, the Grantee shall
have the right to request extension of the above thirty (30) day limit upon
Town of Pulaski/Ade/phia Franchise 1997-2005 Page 3
application to the Town Manager for cause. The time limits set forth herein
will be extended by any time reasonably necessary to obtain easements or
services from third parties.
(c) The Grantee shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded by
notice and shall occur during periods of minimum system use.
(d) The Grantee shall not allow its cable. or other operations. to
interfere with television reception of persons not served by Grantee, nor
shall the system interfere with, obstruct, or hinder in any manner, the
operation of the various utilities serving the residents of the Town. The
company will comply with the regulations of the National Electric Safety
Code.
(e) The Grantee shall, throughout the term of the franchise,
maintain technical operations and signal quality standards as set by the
FCC and as upgraded from time to time during the term of this franchise
and the quality of service set forth in this ordinance.
Section 8. Complaint Procedure:
(a) Town Official Responsible. The Office of the Town Manager is
designated by the Town as having primary responsibility for the continuing
administration of the franchise and implementation of complaint procedures.
(b) Complaint Office. The Grantee shall maintain an office in the
Town, which shall be open during all usual business hours, having a
publicly listed telephone, and be so operated that complaints and request
for repairs or adjustments may be received on a 24 hour basis.
(c) Complaint Response. The Grantee shall maintain a repair and
maintenance crew capable of responding to subscriber complaints or
request for maintenance service within 24 hours after receipt of the
complaint or request. This provision will not apply where extreme weather
conditions make such time constraints unreasonable; in such instances
Grantee will make such repairs as timely a manner as safety and conditions
allow. No charge shall be made to the subscriber for this service, except
Town of Pu/aski/Ade/phia Franchise 1997-2005 Page 4
when the repair or maintenance required is caused by actions of the
customer.
(d) Service Credit. If Grantee fails to correct a service problem
within twenty-four (24) hours after Grantee receives notification of a service
problem, Grantee upon request shall credit one thirtieth (1/30} of the monthly
charge to the Subscriber for each twenty-four (24) hours or fraction thereof
after the first twenty-four (24) hours during which a Subscriber is with
reduced service.
(e) Subscriber Notice of Complaint Procedures. The Grantee
shall establish procedures for receiving, acting upon, and resolving
subscriber complaints to the satisfaction of the Office of the Town Manager
within sixty (60) days of the passage of this ordinance. The Grantee shall
furnish a notice of such procedures to each subscriber at the time of initial
subscription to the system.
(f) Complaint Record. The Grantee shall maintain a written or
computer record, listing date and time of customer complaints and when
and what action was taken by the Grantee in response thereto; such record
shall be kept at Grantee's local office, reflecting the operations to date for a
period of at least three (3) years, and upon request shall be available for
inspection during regular business hours. Upon request of the Town, copies
shall be furnished to the Town.
(g) Appeal Procedure. In the event that a customer complaint is
not resolved to the mutual satisfaction of the customer or the Grantee, either
the customer or the Grantee may request that the matter be presented to
the Office of the Town Manager for a hearing and resolution by the Pulaski
Town Council or a designated Committee thereof.
Section 9. Subscriber Practices:
(a) If any subscriber fails to pay a properly due monthly subscriber
fee, or any other properly due fee or charge, Grantee may disconnect the
subscriber's service outlet, provided, the following conditions are met:
(i) Due date for payments on monthly or bi-monthly service
statements will be on the first of each month, or on receipt of
invoice if on cycle billing.
Town of Pu/ask/Ade/phia Franchise 1997-2005 Page 5
(ii) If payment in full is not received at any office of Grantee within
thirty (30) days, a reminder will be placed on the customer's bill.
(iii) If payment in full is not received within sixty (60) days, a late
charge will be assessed to the customer's account as well as a
final notice message requesting immediate payment in full,
appearing on his/her monthly statement.
(iv) A formal notice. of disconnection will be mailed: to customers
requesting immediate payment in full of his/her delinquent
account. If payment in full has not been received in Grantee's
Business Office by 24 hours prior to the specified date of
disconnection, a serviceman will be dispatched to the
customer's service address to discontinue his/her service.
(v) Accounts disconnected for non-payment will be reconnected
only after the account is paid in full as well as payment of
• reconnection charge is made.
(vi) If payment in full is not received by the business office within
thirty (30) days after being disconnected for non-payment, the
customer's account will be turned over to Grantee's Collection
Agency for legal action.
(b) The Grantee may conduct promotional campaigns in vihich
standard rates are uniformly discounted or waived.
(c) The Grantee may make special contracts for non-profit
charitable, educational, governmental, and religious organizations.
(d) The Grantee may offer bulk rate discounts for multiple dwellings,
hotels, motels and other similar institutions.
(e) The Grantee shall not deny service, deny access, or otherwise
discriminate against subscribers on the basis of race, color, religion, national
origin, sex or age. Grantee shall adhere to the equal employment
• opportunity requirements of the FCC.
Town of Pu/aski/Ade/phia Franchise 1997-2005 Page 6
(f) All subscribers shall be afforded full privacy rights provided for in
47 U.S.C. Section 631.
(g) A lockout device shall be provided for a fee to each subscriber
who requests such a device to restrict viewing of those services which may
be deemed objectionable to the subscriber.
Section 10. Franchise Fees, Definitions, Free Service, Educational-
Governmental Channel and Indemnity:
(a) The Grantee shall pay to the Town, on or before a date not later
than sixty (60) days following the first day of commencement of Grantee's
fiscal year a 4% franchise fee based on gross revenues received for CabIA
Television operations in the Town for the preceding fiscal year. This is in
addition to, and not in lieu of, any Business, Professional, and Occupational
License Tax levied by the Town; provided, however, that in no event wil! the
total of the franchise fee and BPOL tax exceed five per cent (5%) of said
gross revenues. The Grantee shall provide an annual summary report
showing gross annual revenues received during Grantee's preceding fiscal
year. Acceptance shall not verify amount paid. Town shat! have the right to
inspect the records and Grantee will furnish copies thereof within thirty (30)
days of receiving a written request. Grantee shall have the right to apply for
review and amendment of this paragraph and section if service involving per
program charges or "pay TV" shall be instituted in the system.
(b) "Gross Annual Revenues" shall mean any and all compensation
and other consideration derived from all cable services derived from the
Grantee's operations within the Town of Pulaski, exclusive of copyright fees,
whether received directly by the Grantee or received by subsidiaries or
agents of the Grantee. Gross annual revenues shall not include any taxes
on services furnished by the Grantee imposed directly on any subscriber or
user by any town, county, state or other governmental unit an~i collected by
the Grantee for such governmental unit.
(c) The Grantee shall provide the Tov~m of Pulaski without charge,
broadcast and satellite delivered services, other than premium services, to
• all Town owned or operated public buildings through use of one service drop
per building adjacent to cable service, if such service can be provided
without construction by the Grantee.
Town of Pu/aski/Ade/phia Franchise 1997-2005 Page 7
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(d) The Grantee shall dedicate and reserve for the use of Pulaski
County, the Town of Dublin, and the Town of Pulaski, all of their educational
institutions and New River Community College, one channel for educational-
governmental access use at no cost to the aforementioned jurisdictions.
The Grantee shall also provide a character generator for the use of Pulaski
County, the Town of Dublin and the Town of Pulaski for matters of
governmental or educational nature. Production costs of programs shall be
borne by the jurisdiction initiating said programming. Grantee shall have full
right of use of said channel when not in use by any of the aforementioned
jurisdictions.
(e) The Grantee shall install and thereafter maintain for use by the
County and/or Town an Emergency Alert System (EAS). This System shall
be remotely activated by telephone and shall allow a representative of the
County and/or Town to override the audio on all Channels of the System in
the event of a civil emergency or for reasonable tests.
(f) The Grantee shall work in a cooperative manner with the Pulaski
County School Board to provide two-way data transmission service to the
school system, should the School Board decide to pursue this matter
through the cable company.
(g) The Grantee shall hold harmless and indemnify the Town of
Pulaski from any claims for damages or injury arising out of negligence or
willful misconduct by the Grantee, its agents, servants or employees in the
operation, maintenance and construction of the system.
Section 11. Rate Regulation:
The Town reserves the right to implement such rate regulations as
now or in the future may be allowed by federal or state law, at any time
during the term of this franchise or any renewal thereof.
Section 12. Severance:
• If any section, subsection, sentence, clause or phrase of this chapter is
for any reason held to be illegal, invalid or unconstitutional by the decision of
Town of Pu/askUAde/phia Franchise 1997-2005 Page 8
any court or regulatory body of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
Section 13. Forfeiture:
(a) The violation of any material portion of this franchise by the
Grantee or its successor in interest, or the Grantee's failure to promptly
perform any of the material provisions of this ordinance, shall be cause for
the forteiture of the franchise contract granted by this ordinance. and the
termination of all rights hereunder.
(b) Such forfeiture shall be accomplished by the following procedure.
The Town Council shall direct a written notice to the Grantee, notifying
Grantee of the Council's opinion that Grantee has violated a material portion
of its franchise or has failed to promptly perform any material provision of this
ordinance (the "Violation Notice").
(i) If Grantee does not dispute the Violation Notice, Grantee shall
have thirty (30) days to remedy such violation or failure, or, in the
event that a remedy cannot be effected within such thirty (30)
days, Grantee shall commence efforts to remedy such violation
or failure and shall thereafter diligently pursue such remedy;
provided, that such violation or failure is not due to acts of God or
other causes that result from circumstances beyond Grantee's
control. If Grantee disagrees with the Violation Notice, Grantee
shall so notify the Town Council in writing within ten (10)
business days of receipt of the Violation Notice.
(ii) In the event that Grantee disagrees with the Violation Notice and
so notifies the Town Council, or if, after the expiration of thirty
(30) days from the date of service of the Violation Notice the
violation or failure specified in the Violation Notice has continued
without good cause, Grantee has failed to respond to the
Violation Notice, or Grantee is not diligently pursuing a remedy,
then the Town Council may take steps necessary to adopt an
ordinance for the purpose of terminating the franchise (the
• "Termination Ordinance").
Town of Pu/ask/Ade/phia Franchise 1997-2005 Page 9
(c) A public hearing on the proposed Termination Ordinance in
13(b)(ii) above, with full due process rights including, but not limited to, the
right to submit evidence and examine witnesses, shall determine whether
Grantee has violated a material portion of this franchise or failed to promptly
pertorm any material provision of this ordinance for which Grantee has
received notification under Section 13(b). Should the Town Council
determine after public hearing that Grantee has violated a material portion of
this franchise or has failed to promptly perform any of the material provisions
of this ordinance of which it has had notice, then the Town Council may
adopt a Termination Ordinance. Any such Termination Ordinance shall
provide that, prior to any termination of the franchise, Grantee shall have
such period as the parties mutually agree upon to remedy such violation or
failure determined to exist pursuant to public hearing, such agreement not to
be unreasonably withheld, and that upon such remedy this franchise shall
remain in full force and effect and shall not be terminated, and the
Termination Ordinance shall be null and void. Should the franchise be
terminated pursuant to such Termination Ordinance, Grantee shall have all
legal rights and abilities to contest such action by the Town Council. If
• Grantee pursues its remedies in any court of competent jurisdiction, this
franchise and the duties hereunder shall not be considered forfeited or
terminated until a determination by such court, finally and after appeal, that
Grantee or its successor in interest has violated any material portion of this
franchise or failed to promptly pertorm any material provision of this
ordinance.
Section 14. Assignment and Transfer of Franchise:
This Franchise shall not be sold, assigned or transferred, either in
whole or in part, or leased or sublet in any manner, nor shall title thereto,
either legal or equitable, or any right, interest or property therein, pass to or
vest in any Person without approval of the Town which shall not be
unreasonable withheld or delayed. The provisions of this section shall only
apply to the sale or transfer of all or a majority of Grantee's assets, merger
(including any parent and its subsidiary corporation), consolidation, or sale
or transfer of stock of Grantee so as to create a new controlling interest.
The term "controlling interest" as used is not limited to majority stoclz
ownership, but includes actual working control in whatever manner
• exercised. For purposes of this Section, no assignment, transferor sale
shall occur when the franchise is transferred or sold to a company owned,
managed or controlled by Adelphia Communications Corporation, any of its
Town of Pulaski/Ade/phia Franchise 1997-2005 Page 10
subsidiaries, John J. Rigas or any member of his immediate family ar the
assets or stock of the company are transferred to a financial institution as
security for refinancing purposes.
Ordained and enacted by the Town Council of the Town of Pulaski, Virginia, sift
regular session on this 19th day of November, 1996, by recorded vote as follows:
John A. Johnston AyP W. Edgar Hale Ave
Lane R. Penn Aye James M. Neblett Aye
Pauline G. Mitchell Aye Charles W. Stewart Aye
W. H. Schrader, Jr. Ave Bettye H. Steger Ave
THE TOWN OF PULASKI, VIRGINIA
BY:
MAYO R
• ATTEST:
X~c~-G' ~ ~~~~
C ERK
The terms and conditions of this Franchise are accepted:
SOUTHWEST VIRGINIA CABLE, INC. D/B/A
ADELPHIA CABLE COMMUNICATIONS
ITS: `~
•
Town of Pu/ask/Ade/phia Franchise 1997-2005 Page 11
• I, Ruth A. Harrell, Clerk of the Council of the Town of PUlaski, Virginia, do hereby
certify that the foregoing Ordinance No. 96-31 is a true and correct copy of the
Ordinance set out and adopted this 19th Day of November, 1996.
~.
Ru h A. Harrell, Clerk of Council
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