746_00001CRDINANCENO.746
ANORDINANCEGRANTINGA FPANCHISETO SARONSCOGUNICATIOÑS,INC.,ADELAWARECORPORATION,ITS SUCCESSORSORASSIGNS,TOOWNANDOPERATEANDMAINTAINACABLETELEVISIONSYSTEMINTHECOGUNITYOPMOSESLAKE,WASH-INGION:SEITING FORTHCONDITIONSACCOMPANYINGTHEGRANTOF ERANCHISE,ANDPROVIDINGFORTHEREGULATIONSANDUSEOF SAIDSYSIEi.
SECTION1:Short Title.This Ordinance shall be loown and may be
I cited as the "SammonsCoimamications,Inc.,Pranchise ordinance".
SECTIDM2:Definitions.Por the purpose of this Ordinance the
following terms,phrases,words and their derivations shall have the
meaning given herein.Whennot inconsistent with the context,words
used in the present tense include the future,words in the plural number
include the singular number,and words in the singular number,include
the plural number.The word "shall"is mandatory and not merely directory.
1)"City"is the City of Moses Lake in the State of WaÔhington.
2)"Company"is the grantee of rights under this Ordinance awarding
a franchise and is known as SammonsCommtmications,Inc.
3)"Person"is any persan,firm,partnership,association,corpor-
ation,companyor organization of any kind.
4)"Cable Television System"or "System"shall mean a systen of
antermas,cables,wires,lines,towers,waveguides,or any other
conductors,converters,equipment or f ilities signed and-
and distributing,audio,video and other forms of electronic or
electrical signals,located in the City of Moses Lake.
5)"FCC"is the Pederal Commmications Camission.
SECTION3:Qualifications of Grantee and Grant of Authority.A
public hearing concerning the renewal of the franchise herein..granted to
the Campany to conform to the new FCCrules and regulations concerningDecember9,1975andcabletelevisianoperationswasheldonDecember15,1975 ,1975
at 8:P.M.o'clock m.at City Ha11,Moses Lake,Washington .
Public notice of said hearing was given in Columbia Basin Daily HeraldI)ecember I,1975 andonDecember8,1975 ,1975,which notice invited interested parties
to participate in said hearing and coment upon the legal,character,
financial,technical and other qualifications of the Campany to continue
i to operate a Cable Television System in the City.Said hearing having
been held on the date and the place stated hereinabove,and said hearing
having been fully open to the public,and the City having received at said
hearing all coments regarding the qualifications of the Campanyto receive
this franchise renewal,the City hereby finds that the Companypossesses
the necessary legal,technical,character,financial and other qualifications
and that the Company's construction arrangements are adequate and feasible,
and that therefore the City hereby grants to the Companya non-exclusive
franchise,right and privilege to construct,erect,operate,modify and
maintain,in,upon,along,across,above and over and under the highways,
streets,alleys,sidewalks,public ways and public places now laid out or
dedicated and all extensions thereof,and additions thereto,in the City,
poles,wires,cables,undergrotmd conduits,manholes and other television
conductors and fixtures necessary for the maintenance and operation in the
City of a Cable Television Syst,em for the purpose of distributing tele-
Vision and radio signals,and other electronic impulses in order to furnish
television and readio programs,and various comunications and other elec-
tronic services to the public.The right so granted includes the right to
use and occupy said streets,alleys,public ways and public places and all
manner of easements for the purposes herein set forth.
SECTION4:Pfanchise Tezm.The Franchise granted the Companyherein
shall terminate fifteen (15)years fran date of grant.
SECTION5:Pámnents to the City.The Companyshall,during each
year of operation under this Pranchise,pay to the City the utility tax
in accordance with Chapter 6:34 Moses Lake Municipal Code now existing
or hereafter amended.
SECTION6:7tecords and Reports.The Companyshall keep full,true,
accurate and carrent books of account reflecting its investment and its
operations under this Pranchise,which books and records shall be made
available for inspecting and copying by the Director of Finance or his
authorized representative at all reasonable times.Companywill supply
certified annual statement of revenues received within the .city limits
of Moses Lake.
SECTION7:Rates.Attached hereto and made a part of this Franchise
as Exhibit A is a description of the Company's installation practices and
a complete schedule of rates.In addition to the monthly service specified
in Exhibit A,the Companymay add to that rate taxes or fees imposed upon
the Campany's gross subscriber revenues by city,state or federal govern-
mental or legislative bodies and fees or charges imposed upon the Campany
for the use and distribution of copyrighted program material.No increases
in rates charged to subscribers shall be made except as authorized by City
after public notice of such increase is given and interested parties have
been afforded an opportunity to comment thereon.
-2-
SECTION8:Local Office:Complaint Procedures.,During the termofthisFranchise,and any renewal thereof,the Company shall maintain
within the City a local business office or agent for the purpose of re-
ceiving and resolving all complaints regarding the quality of service,
equipment malfunctions,and similar matters.The local office shall beiopentoreceiveinquiriesorcomplaintsfromsubscribersduringnormal
business hours,and in no event less than 9:00 -5:00,Monday through
Friday.Any complaints from subscribers shall be investigated and acted
upon as soon as possible,but at least within two business days of their
receipt.The Company shall keep a maintenance service log which will
indicate the nature of each service complaint,the date and time it was
rèceived,the disposition of said complaint and the time and late þiereof.
This log shall be made available for periodic inspection by the City.
SECTIΠ9:Liability and Indemification.The Company shall pay,
and by .its acceptance of this Franchise the companyexpressly agrees that
it will pay,all damages and penalties which the City may legally be re-
quired to pay as a result of the Company's negligence in the installation,
-operation,or maintenance of the Cable Television Systen authorized herein.
The City shall noti£y the Company's representative within fiËtieen(15)daysiafterthepresentationofanyclaimordemandto.the City,either by'suit or
otherwise,made against the City on account of any negligence or contract
as aforesaid an the part of the Company.The Campany further agrees as
follows:
a)Company shall carry comprehensive General Liability and Compre•
hensive Automobile Liability insurance with bodily injury limits
of not less than One Million ($1,000,000.00)Dollars per occur--
.rence,and property damagelimits of not less than One Million
($1,000,000.00)Dollars,
b)Company'sComprehensive General Liability and Comprehensive
Autamobile Liability,insurance shall be written by an insurance
campanywith a capital and/or surplus of not less than Eight '
Million ($8,000,000.00)Dollars,and be licensed in the state
of Washington,and Companyagrees to furnish City with certifiedIcopiesofcertificatesofinsuranceofsaidpolicies,which shall
provide that insurance shall not be cancelled unless.thirty (30)
days prior written notice shall first be given (toCity.
-3-
SECTION10:System Construction,Maintenanoe and Procedures.
a)Upon grant of this Franchise to construct and maintain a community
television system in the City,the Companymay enter into contracts
with any public utility companies or any other owner or lessee of a
any poles located within or without the City to whatever extent
such contract or contracts may be expedient and of advantage to
the Company for use of poles and posts necessary for proper in-
stallation of the System,obtain right of way permits from appro-
priate City,State,County and Federal officials necessary to
cross highways or roads under their respective jurisdictions to
supply main trunk lines from the Company's receiving.antennas,
obtain permission from the Pederal Aviation Authority to erect
and maintain antennas suitable to the needs of the System and
its subscribers and obtain whatever permits a City,County,State
or Federal Agency may require.In the construction,installation
and maintenance of its System,the Companywill use steel,cable
and electronic devices,all of specialized and advanced design
and type;in the operation of its Systen,the Campany will employ
personnel with training,sill and experience in electronics and
cammications.There shall be submittéd to the City a set of maps
setting forth the existing System and the same shall remain on file
with the City Engineer,
b)The Company's System,poles,wires,and appurtenances shall be
located,erected and maintained and subject to the approval of the
City so that none of its facilities shall endanger or interfere
with the lives of persons or property or interfere with any im-
provements the City may deem proper to make,or hinder or obstruct
the free use of the streets,alleys,bridges,easements or public
property.
C)In the event that the City shall annex further territory as author-
ized by law,the Company shall extend energized trunk cable to the
remaining portions of the City so annexed within one (1)yeár there-
after,unless additional time is granted by the City Council upon
request of the Companyfor good cause shown.EKtension of seTvice
shall not be required into an area where there are less than twenty
(20)subscribers per lineal mile within five lumdred (500)feet of
Company's existing tnmk cable.
-4-
d)All transmission and distribution structures,lines and equip-°
ment erected by the Companywithin the City shall be so located
as to cause no interference.With the proper use of streets,,
alleys and other pùblic ways and places,and to cause no inter-
ference with the rights or reasonable convenience of propertyIownerswhoadjoinanyofthesaidstreets,alleys or other
public ways and places.
e)In case of any disturbance of pavement,sidewalk,driveway or
other property,the dempanyshall,-at its owncost and expense
and in a manner approved by the City,replace and restore same
in as good candition as before said work was comenced.
f)In the event that at any time during the period o£this Franchise
the City shall elect to alter,or change the grade of,any street,
alley or other public way,the Companyupon-thirty (30)days'
notice by the City,shall remove,relay and relocate its poles,
wires,cables,oderground conduits,manholes and other £ixtures
at its own expense,in accordance with schedules and instructions
from the City.
g)TÀeCampany shall not place poles or other fixtures where the .
same will interfere with any gas,electr,ic,telephone,water,sewer,
and storm sewer systems,and all such poles or other fixtures
placed in any street shall be placed at the outer edge of the
sidewalk and inside the curb line,and those placed in alleys
shall be placed close to the line of the lot abutting on said
alley,and then in such manner as not to interfere with the
travel on said streets,alleys and public ways.Company shall .
not relocate or build nerfacilities:mithoqufirst.submitting A set
of maps and have City approval before starting construction,.
provided;however,that Campany's obligation to relocate shall
be limited to construction essentially the same as that existing
prior to such relocation.Companyidll relocate cable under-
ground at intersections when all other utilities do,šo.I h)The Company shall,on the request of any person holding a building
'moving permit,issued by the City,temporarily raise or lower its
wires to permit the moving of buildings.The expense of such
temporary removal,raising or lowering of wirei shall he paid
by the person requesting the same,and the Campany shall have
-5-
the authority to require such payment in advance.The Company
shall be given not less than forty-eight (48)hours advance
notice to arrange for such temporary wire changes.
i)The Companyshall have the authority to trim trees upon and
overhanging streets,alleys,sidewalks and public places of the
City so as to prevent the branches of such trees from coming in
contact with the wired and cables of the Company,all trimming
to be done in accordance with requirements of the City and at
the expense of the Company.
SECTION11:Compliance with Standards.All facilities and equip-
ment of Companyshall be constructed and maintained în accordance with the
requirements and specifications of the National Electrical Safety Code
and such applicable ordinances and regulations set forth by the City and/or
any other local,state or Pederal agencies,or as hereafter amended.
SECTION12:CompanyRùles and Regulations'.The Company shall have
the authority to promulgate such rules,regulations,terms anE conditions
governing the conduct of its business as shall be reasonably necessary to
enable the Company to exercise its rights and perform its obligations under
this Franchise,and to assure an uninterrupted service to each and all of
its customers.Provided,however,that such rules,regulations,terms and
canditions shall not be in conflict with the provisions hereof or of
Federal and state laws.
SECTION13:Procedures.
a)Any inquiry,proceeding,investigation or other action to be
taken or proposed to be taken by the City Council in regard to
the service rates of the Company's Cable Television System shall
be taken only thirty (30)days after public notice of such action
or proposed action is published in a local daily or weekly news-
paper having general circulation in the City;a copy of such
action or proposed action is served directly on the Company,and
the Companyhas been given an opportunity to respond in writing
and/or at the hearing,and general membersof the public have
been given an opportunity to respond or comment in writing on
-6-
the action or proposed action.
b)The public notice required by this section shall state clearly
the àction or proposed action to be taken,the time provided
for response and the person or persons in authority .to whom such
response should be addressed,and such other procedures as mayIbespecifiedbytheCityCouncil.-If a hearing is to be held,
the notice shall state that public participation will be allowed
and establish the procedures by which such participation may be
obtained.
SECTION14:Approval of ansfer.The Company shall not sell or
transfer its System to another,nor transfer any rights under this Franchise
to another without written approval by the City,provided,that no sale or
transfer shall be effective until the vendee,assignee or lessee has filed
with the appropriate official of the City an instrument duly executed,
reciting the fact of such sale,assignment or.lease,accepting the terms
of this Pranchise and agreeing to perfona all conditions thereof.
SECTION15:Compliance with FCCRules and Regulations.The .
Campany shall comply with the rules and regulations governing CATV
operations promulgated by the PCC,specifically those set out in Section,i 76.31 of the FCCRules and Regulations.This shall include adherence
by the Company to FCCrules regarding technical and engineering specifi-
cations involved in the construction of the CATVsystem and s 1 carriage
therein.
SECTION16:Modification of PCCRules.Consistent with the require-
ments of Rule 76.31 (a)(b)of the FCC,any modification of Rule 76.31 re-
sulting from amendment thereto by the FCCshall to the extent applicable
be considered as a part of this Franchise as of the effective date of the
amendmentmade by the FCCand shall be incorporated in this Franchise by
specific amendments thereto by the lawful action of the 'City Council within
one (L)year from the effective date of the FCC's amendment or at the time
of renewal of this Franchise,whichever occurs first.
SECTION17:Publication Costs.The Companyshall assume the costs
I of any publication required by this Franchise as such publication is
required by law.A bill for publication costs shall be presented to the
Companyby the appropriate City officials upon the Company's £iling of
its acceptance of this Franchise and the said publication costs shall be
paid at that time by the Company.
-7-
SECTION18:Activities Prohibited,
a)The Company shall not allow its cable or other operations to
interfere with television reception of persons not served by
the Company,nor shall the System interfere with,obstruct or
hinder in any manner,the operation of the various utilities
serving the residents of the City.
b)The Company shall not,as to rates,charges,service facilities,
rules,regulations,or in any other respect,make or grant any
preference or advantage to any person,nor subject any person
to any prejudice or disadvantage,provided that nothing in this
Pranchise shall be deemedto prohibit the establishnent of a
graduated scale of charges and classified rate schedules to
which any customer coming within such classification would be
entitled,if approved by the City.
SECTION19:Separability.If any section,subsection,sentence,
clause,phrase or portion of this Ordinance is for any reason held invalid
or unconstitutional by any Court of competent jurisdiction,such portion
shall be deemed a separate,distinct and independent provision and such
holding shall not affect the validity of the remaining.portions hereof.
SECTION20:Ordinances Repealed.All ordinances or parts thereof in
conflict with the provisions of this Ordinance are hereby repeared.
SECTION21:RB IT FURTHERORDAINEDthat this Ordinance take effect
from the date it shall have been passed by the appropriate authorative '
body,and becomeeffective as otherwise provided by law.
PASSED by the City Council and APPROVEDby its Mayor this 23rd day of
December,1975.
Mayor,Gorbon M.Ebbert (ATTEST:
City Clerk,R A.Ga n
AP
Cit ttorney ,Patrick R.
••EXHIBITA MX1175iA.INSTALLATIONPRACTICES
A.1 Standard Installation
A standard installation consists of an aerial or underground
drop (not exceeding 175 feet}froin the utility pole to the cus-
.tomer's residence or comercial place of business.Standard under-
ground drops are defined as those not requiring conduit or cutting
of streets,sidekalks,driveways or other paved areas.
Naterial and labor for drops in excess of 175 feet,concealed
,wiring,and non-standard underground drops will be quoted,on Te-
quest,at the Company'slabor cost and material rates plus 10%for
local overhead costs.
A.2 Installation Scheduling
The Company will use the most efficient means available to
affect the maximumnumber o£installations requested as the seg-
ments are energized.Da eccasion the Coupany will employ the
use of subcontractors to assist Compenypersonnel with installations.
A.3 Energency
henever service to existing customers is disrupted due to
accidents,storms,and/or Acts of God,etc.,installation work
maybe postponed until service is restored to normal.
A.4 Project Prewiring
Residential prewiring,when requested by the owner/builder
will be installed on a timely basis at the standard installation
rate,provided the drop material required does not exceed the
aforementioned .175 feet.Where additional materiâl and engineer-
I ing is necessary,the Company reserves the right to provide the
design and supply material and labor at labor cost and material
.rates plus 10%.
A.5 Commercial Installations,Hotel,Motel,Places of Public GatheringPrewiring.
16tenprewiring is requested by an owner/builder of a multiple
outlet building,the Companywill determine and/or approve the --
method and means Whereby prewiring may be completed.'The Campany
will provide the engineering design and the materials required at
its cost therefor plus 10%.The owner/builder will be responsible
for installing the material in accordance with the specifications
.provided by the Company.
If owner/builder requests the Company to provide the prewiring,
the Company,given sufficient notice,will arrange to do the wor1c
involved at its labor cost and material rates plus 10%.
B.INSTAIJATIONSFEES
The Companyshall make charges in accordance with the schedule of
charges set forth in this Section B for installation of the equipment
.necessary to render its services.In addition,the Companymay require
a deposit of up to $15an each converter which is placed in the customer's
premises at his or her request for use with either a primary or an addi-
tional outlet.
B.1 Residential Installations ,
The following installation rates apply to single.family dwelling
units and individual apartments/flats idthin multiple dwelling struc-
tutes.
-Primary Outlet Standard Installation -Overhead $15.00
Each Additional Outlet $A0Ù
.Underground Installation $35.00
B.1.a When one or more additional outlets are installed at the
same time as the primary outlet,only the highest single
charge will be made.
-2-
I B.2 Other Installations .
3.2.a.The following installation rates apply to facilities placed
in comercial establishments.(Restaurants,Taverns,Clubs,
Cafes,Retail Stores andother such Public Gathering Locations)
Primary outlet Installation $15.00
liach Additional Cutlet $10.00
Underground Installation ..$35.00
The above installation rates apply for stancLml installation.
Material and labor for drops in excess of 175 feet,concealed
wiring,and non-standard underground drops will be quoted,on -
request,at the Campany'slabor cost and material rates plus
10%.
B.2.b.The following installation rates apply to facilities placed
i
in Hotels,Motels,Rest Homes,Bursing Homes,Hospitals and
similar institutions.
Primary Outlet Installation ;$15.00
Additional Outlets -At prevailing labor and material costs
plus 10%.
8.3 Public and Parochial Schools,Calleges,Municipal Buildings and Retail-Stores in the Business of Selling or Repairing TV Receivers
Installation at public and parochi schools,colleges,municipal
buildings and retail stores in the business of selling or repairing TV
receivers will be provided,on request,without charge,to a single
point of entrance to the building or complex of buildings located in
one geographic area.
Interior cabling and exterior distribution within a complex of .
buildings in a geographic area shall be provided on request at the
Company's labor cost and material rates plus 10%.
Should the school or nmicipal building desire to provide its
own exterior/interior distribution,the Companywill render technical
assistance,without charge.Such installations are subject to inspec-
tion and approval of the Company.
.B.4 Company Enployees
Companyemployees wili be provided with free installation.
C.NDMtHLYSERVICECHARGES .
*
The service provided by the Company is defined as multi-channel tele-
Yision service and multi-station FM'service,provided that either of these
services may be described hereinafter as an "outlet."Service will be pro-
.Vided at the rates specified below:
C.1 Residential Dweilings .
Eate applies to single family dwelling units and individual
apartmentú|flats within multiple dwelling structures.
Primary Dutlet,MonthlT ...$6.95
Mditional Outlets,Monthly -Each $2.00
C.2 Comercial Rates
Restaurants,Taverns,Clubs,Cafes,Retail Stores,and other such
Public Gathering locations are considered comercial.The following
rates shall apply for these and other like business establishments.
Primary Outlei,Monthly
Mditiona1 Outlets,Monthly -Each $6.95:
C.3 Certain Institutional Rates $2.00
The foliowing rates apply to Rest Homes,Nursing Homes,Can-
valescent Homes,Hospitals and similar institutions:
Primary Dutlet,Monthly $6.95
Mditional Outlets,Monthly -Each $2.00
-4-
I C.4 Hotels,Matels
The monthly rate for the above are as follows:
h Cutlet,Monthly ,$2.00
C.5 Public and Parochial Schools,Colleges,Municipal Euildings andMetailStoresintheBusinessofSellingorRepairingTVReceivers
On request,the Companywill provide one (1)outlet free of
charge to each of the above.
Mditional Cutlets,Monthly -Each -No Charge
C.6 Company Employees
Employees of the Companyliving in the cabled areas will be pro-
vided with cable service free of charge in return for their a ement
to mdertake the following:(1)the employees shall monitor the
system periodically and shall report their findings to the CampanyIasdirected,and (2)test of services,not offered to the general
public,for experimental purposes,will be inde in the homes of
Company employees upon request o£the Company.
D.UllER CHRŒS
D.1 Transfers
Whena current customer moves £rom one address within the
franchised area to a second address within.the £7anchised area
and there is no lapse in service,a transfer charge of $10.00will
be made.
D.2 Reconnects
Customers wishing restoration of service shall £irst satisfy
any previous obligations owed.A reconnect charge of $10.00shall
be paid by the customer.
I D.3 Relocation år Extension of Cable
Whena current customer requests that an extension or relocation
to his cable be made,the cËargewill be $10.00.
-5-
D.4 Charge for Damàge Caused by Customer
Service requests for maintenance or repair of cable facilities.
are perfoimed at no charge unless such maintenance or repair is re-
quired as a result of damagecaused by the customer,in which event
repairs will bá charged to custaaer at our cost or $10.00,which-
ever is greater.
E.BILLINGPROCEDURES
E.1 MinimumPayment
All regularly recurring chstges are payable,in advance,for
at least ane month.
E.2 Duriiag periods of promotions certain installation charges may
-be waived.During these periods of promotions,the transfers and
reconnect charges may be adjusted to the prevailing installation
e
-6-