CC Ordinance 1633ORDINANCE NO. 1633
AN ORDINANCE OF THE CITY OF CAMPBELL RENEWING AND
EXTENDING THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE
OF GILL INDUSTRIES, INC., DBA GILLCABLE, AS GRANTED TO
ITS PREDECESSOR IN INTEREST BY ORDINANCE NO. 567
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAMPBELL:
SECTION 1. That, subject to the provisions of this
Ordinance, the provisions of the Campbell Municipal Code, and the
provisions of State and Federal law, the City of Campbell
(hereinafter "Grantor") does hereby renew the non-exclusive franchise
of Gill Industries, Inc., dba Gillcable (hereafter "Grantee") to
operate and carry on within the City of Campbell the business of
distributing television signals and radio signals by means of a cable
television system.
SECTION 2. Citation of Ordinance
This ordinance may be cited as the "Gillcable Franchise
Ordinance."
SECTION 3. Rules of Construction
This ordinance shall be construed liberally in order to
effectuate its purposes. Unless otherwise specifically prescribed in
this ordinance, the following provisions shall govern its
interpretation and construction:
(a) Time is of the essence of this ordinance. Grantee
shall not be relieved of its obligation to comply promptly with any
provision of this ordinance by any failure of Grantor to enforce
prompt compliance with any of its provisions.
(b) Any right or power conferred, or duty imposed upon any
officer, employee, department or Commission of Grantor is subject to
transfer by operation of law to any other officer, employee,
department or Commission of Grantor.
(c) This ordinance shall not be construed to limit or
restrict the otherwise lawful exercise of the police power by the
Grantor. In particular, this ordinance does not relieve Grantee of
the obligation to comply with any lawful exercise of Grantor's
regulatory authority, including, but not limited to, any requirement
relating to street work, street excavation permits, undergrounding of
utility facilities, including cable communications facilities, or the
use, removal or relocation of property in the streets.
(d) Provisions of this ordinance shall be construed in
accordance with Chapter 5.20 of the Campbell Municipal Code,
hereafter Chapter 5.20. To the extent that the provisions of this
Ordinance and the provisions of Chapter 5.20 conflict, the terms and
provisions of this granting Ordinance shall control.
SECTION 4. Purpose and Intent
It is the purpose and intent of this ordinance to approve
the extension and renewal of Grantee's nonexclusive franchise to
engage in the business of operating a Cable Communication System
(hereafter "cable system") in the City upon terms and conditions of
Chapter 5.20.
SECTION 5. Conditions Precedent
(a) This ordinance shall become effective on the
thirty-first (31st) day after passage of this ordinance provided
that, prior to such date, Grantee has 1) filed with the City Clerk a
written instrument, in a form satisfactory to the City Attorney,
addressed to the Grantor accepting the extension and renewal of
franchise as required by Section 5.20.220; 2) filed with the City
Clerk a corporate surety bond or other mutually acceptable security
in the principle sum of Fifty Thousand Dollars ($50,000.00) as
required by Section 5.20.130; and 3) presented evidence to the City
Clerk, satisfactory to the City Attorney, of the insurance required
under Section 5.20.140.
(b) Grantee shall have made the reimbursement of expenses
provided for in Section 5.20.180 which amount shall not exceed Four
Thousand Dollars ($4,000).
SECTION 6. System Expansion
(a) Grantee shall provide cable television service to all
dwelling units located within the franchise area. Grantee shall
proceed to construct facilities to serve those areas of the City not
presently served, until all areas of the franchise area are served.
(1) Within 24 months of the effective date of this
Ordinance, Grantee shall complete construction of new cable
television facilities to all previously unserved areas within the
franchise area.
(2) New dwelling units constructed after the effective
date of this ordinance will be served on a basis to be mutually
agreed by the parties.
(b) Grantee shall complete construction and offer service
to all dwelling units, including apartments, condominiums and mobile
home parks in the City without regard to the number or percentage of
potential subscribers in the particular buildings. Provided, however,
that nothing in this section shall require Grantee to install service
facilities or otherwise make service available if:
(1) An owner, manager, lessee, principal occupant, or
other person or entity with apparent authority over a given dwelling
unit (or group of dwelling units) or building refuses to allow access
upon reasonable terms or otherwise indicates a desire not to be
served;
(2) A building is already served or under contract to
be served by another multi -channel television service or other form
of subscription television service.
(3) The cost of installing service facilities for a
given dwelling unit (or group of dwelling units), not located within
the City limits at the time of contract execution, exceeds $400 per
unit.
(4) In any case where grantee is not required to
install service facilities due to excessive cost as defined in
subparagraph (3) above, service facilities shall nonetheless be
provided by grantee if the person or entity with apparent authority
over the dwelling unit (or group of dwelling units) involved in a
given case agees in writing to pay all costs associated with
installing service facilities which exceed $400 per dwelling unit.
SECTION 7. Educational and Public Access Channels
(a) Grantee shall disseminate in the City of Campbell all
signals carried to other areas of Santa Clara County on educational
and public access channels;
(b) Grantee will provide channel capacity for a community
access channel;
(c) Grantee will provide productions facilities and
equipment to individuals and groups for the purpose of producing
programming for the community access channel. Grantee shall develop
such rules, regulations and schedules to regulate such community
use. Grantee's rules, regulations, and schedules shall include a
provision for giving notice of such rules, regulations and schedules
to the public. The grantor, or a designated representative, may
review such rules and regulations, submit any suggestions or comments
deemed appropriate to the grantee, and the grantee shall evaluate
said suggestions and comments in good faith for possible
implementation.
(d) Grantee shall exercise no editorial control over the
editorial content of any programming on the community, educational or
municipal access channels, except that Grantee is not prohibited by
the terms of this extension and renewal from refusing to transmit any
obscene or otherwise illegal material, or any material the
transmission of which would subject Grantee to civil or criminal
liability.
(e) If Grantee provides any education access channels on a
tier of service other than the basic tier, then Grantee shall provide
upon request a converter necessary to allow any basic subscriber to
view such educational access channels without a monthly charge.
Grantee may require a refundable deposit for such converter.
(f) Grantee may utilize educational and public access
channels for alternate programming during periods when the channels
are not in use for educational and public access programming.
SECTION 8. service to Schools and Public Buildings
(a) Grantee shall provide one drop and one outlet at no
cost for installation, maintenance and basic service to all municipal
buildings and public schools. Grantee shall provide a maximum of
eight drops and outlets at no cost for installation, maintenance and
basic service at the Campbell Community Center. Grantee shall notify
eligible organizations of the availability of this service within
thirty days of the effective date of this ordinance. Some portions
of basic service may be withheld if not allowed by copyright or
contractual obligations of grantee to its suppliers.
(b) Grantee shall provide equipment and technical
assistance necessary to televise live public meetings, and to
originate programming from the City Hall facility, upon request of
the City Council or City Manager. Operating personnel will not be
provided by grantee.
(c) Grantee shall provide two-way data service upon request
by the City Manager, between two designated locations in the City
Hall complex, (70 N. First Street) and each of the following
locations:
Fire Station Headquarters, 123 Union Avenue
Fire Station #2, 485 W. Sunnyoaks
Historical Museum, 51 Central Avenue
Community Center, 1 W. Campbell Avenue
Service Center, 290 S. Dillon Avenue
Grantee will provide a modem and one connection point at each of the
designated locations. Grantee shall not be required to make two-way
service available as provided for in this section if the provision of
such service by Grantee is determined to be contrary to state or
federal law, or if such service is determined to be subject to state
PUC regulation.
SECTION 9. Maps of Installed Facilities
(a) Grantee shall maintain, on its premises, an accurate
set of maps showing all cable television equipment installed in the
streets, alleys and public places of the City. Such plans shall be
made available for inspection by City officials on request to
Drafting/Design Department during normal business hours (8:30 a.m.
through 4:40 p.m., Monday through Friday).
(b) Grantee shall also furnish to Grantor copies of cable
locator books as they are periodically revised. These documents will
be accompanied by a disclaimer recommending direct contact with
Grantee for the most current information on cable television
equipment locations.
(c) Grantee and Grantor shall actively cooperate with other
users of the public right-of-way to prevent accidental damage from
occurring as a result of subsequent construction.
SECTION 10. Provision of Reports
(a) Grantee shall, upon request, prepare and furnish to the
City Manager at the times and in the form and content prescribed by
said officer, such reports with respect to its operation, affairs,
transactions or property, as may be reasonably necessary or
appropriate to the performance of any of the rights, functions or
duties of the City or any of its officers in connection with the
franchise.
(b) Grantee shall prepare and furnish to the City Manager
an annual financial report.
(c) Grantee shall provide information requested and shall
cooperate with any city -initiated financial and/or performance audit.
SECTION 11. System Outage and Subscriber Complaint
Service; Notices to Subscribers
(a) Grantee will maintain a subscriber complaint service
operated from Grantee's main office, and qualified technicians will
be permanent members of Grantee's staff.
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(f) The service standards listed in this section are meant
as guidelines and should be adhered to in at least eighty per cent
(80%) of cases under normal conditions. Neither isolated cases of
non-conformance nor failure to meet these standards during extreme
conditions shall constitute violations of the terms of this extension
and renewal.
SECTION 12. Term
The term of this franchise extension and renewal shall
expire on January 1, 2001.
SECTION 13. Franchise Fees
Grantee shall pay to Grantor an annual franchise fee, at
such times and in such manner specified by Chapter 5 of the Campbell
Municipal Code, according to the following schedule:
(a) Grantee shall pay a franchise fee of five per cent (5%)
of gross revenues, as defined in subsection (b) of this section, from
the effective date of this Ordinance.
(b) Subject to the limitations set forth in section
5.20.010 of the Campbell Municipal Code, and for the purpose of this
section, "gross revenues" shall mean any and all compensation in any
form, directly or indirectly recovered by Grantee from any subscriber
for cable television service in the City of Campbell, excluding
installation fees, line extension fees, and advertising revenues.
Gross revenues shall not include any taxes on services furnished by
the grantee imposed directly on any user or subscriber by any city,
state or other governmental unit.
(c) In addition to franchise fees collected through
subsection (a) of this section, an annual fee of $7,500 will be
remitted in four equal installments on a quarterly basis, in lieu of
5% of grantee revenues specifically excluded in subsection (b) of
this section. Should this section be found unenforceable, subsection
(b) of this section will be modified to include all revenues received
directly or indirectly through Campbell subscribers, and a pro rata
share of all other revenues of the grantee.
(d) Franchise fee payments shall be made quarterly. Within
30 days from and after the end of each quarter of each calendar year,
the grantee shall pay to the City the franchise fee for the
immediately preceding quarter year.
(e) Each payment shall be accompanied by a statement
verified by grantee or by a general officer or other duly authorized
representative of the grantee, showing in such form and detail as the
City Manager may require, that facts material to a determination of
the amount due.
(f) In the event that discrepancies are found by the City
in the amount of payment rendered, payment of the delinquent portion
will be rendered by grantee within 10 days of receipt of notice, and
will include 12% annual interest from the original due date.
SECTION 14. Review Sessions
To provide for periodic review and revision of the cable
system, grantor and grantee shall comply with the following system
and services review provisions:
(a) At grantor's option, grantor shall schedule a system
and services review session at any time after the third anniversary
date of the franchise agreement.
yearly thereafter. Such notification shall include: Grantee's
telephone number for requesting service, hours and conditions of
service, and procedure for registering complaints for unsatisfactory
service. Grantee shall also annually notify subscribers of Grantee's
policy regarding Senior Citizen discounts for basic service. The
notification provisions contained in this section can be satisfied by
billing inserts.
(c) Grantee shall maintain a data base or "log," listing
date of consumer complaints, identifying the subscriber and
describing the nature of the complaint, and when and what action was
taken by the Grantee in response thereto. This log shall be kept at
Grantee's system office for the term of this extension and renewal,
and shall be available for inspection by the City Manager or any
other duly authorized representative of the City during regular
business hours without further notice.
(d) In the event of service interruption of more than 24
consecutive hours, and of which Gillcable has knowledge, Grantee
shall credit the subscriber's account on a pro rata basis as an
offset to the monthly billing charge. Grantee shall, at the request
of the subscriber, credit the subscriber's account for the full
period of outages of less than twenty-four (24) hours. The
subscriber must allow, within a reasonable time, the service
technicians access to the problem if located on the subscriber's
property, or forfeit any claim for refund due for service outage.
(e) Grantee will not be responsible for problems created by
subscribers for problems caused by subscriber -owned equipment.
(b) Routine handling of customer service requests will be
the responsibility of local staff as follows:
(1) call involving loss of reception on all channels
will be dispatched to the field within twenty-four (24) hours via
two-way radio. If the loss of reception on all channels affects five
(5) or more customers, at any time of the day or night, repairs will
be commenced promptly and pursued diligently. Total loss of
reception involving less than five (5) customers will be corrected on
the same day received, if so requested by subscriber, except if
reported after 2:00 p.m., in which case correction may be postponed
to the following day. The majority of all outages (total loss of
reception on all channels) will be corrected in four (4) to eight (8)
hours or less.
(2) The majority of calls involving degraded reception
or single outage will be handled on the same business day if received
prior to 2:00 p.m. In all cases, such service calls will be handled
no later than the following day.
(3) Requests for repairs made after hours or on
weekends shall be answered by an answering service or staff. Outage
calls affecting five (5) or more subscribers will be referred
promptly to the standby technician for resolution in accordance with
subparagraph (b)(1) of this paragraph. Calls involving degraded
service will be reported by the answering service the next day. The
staff will call the customer to schedule service calls in accordance
with subparagraph (2) above.
(4) Customers shall be notified by Grantee of Service
and Complaint policy at the time of initial installation and at least
(b) Ninety (90) days prior to the scheduled review session,
grantor shall notify grantee of the issues it wishes to discuss at
the session, and shall specify any questions of particular concern it
may have.
(c) Sixty (60) days prior to the scheduled review session,
grantee shall provide written responses to the questions specified by
grantor. Grantee may select and report on any additional topics for
discussion at such session.
(d) Any scheduled review session may be opened to the
general public.
(e) The franchise or renewed franchise granted under the
provisions of this chapter may thereupon be amended by mutual consent
of the grantor and the grantee. If, after any review meeting,
grantor and grantee agree that a given service is technically and
economically feasible, then grantee shall use its best efforts to
provide such service.
SECTION 15. Severability
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held illegal, invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions hereof, Grantor hereby declares that it would have
passed this Ordinance irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
illegal, invalid or unconstitutional. The invalidity of any portion
of this Ordinance shall not abate, reduce or otherwise affect any
consideration or other obligation required of Grantee by the
franchise granted hereunder.
SECTION 16. Notices
Every direction, notice or order to be served upon Grantee
shall be sent by certified mail to the local office. Every office to
be served upon Grantor shall be delivered, or sent by certified mail
to the City Clerk.
SECTION 17 Effective Date
This ordinance shall be in force and take effect thirty-one
(31) days from and after the date of its final adoption, providing
the Grantee has complied with the provisions of Section 5(a) of this
extension and renewal ordinance.
PASSED FOR PUBLICATION OF TITLE this 17th day of
FEBRUARY , 1987, by the following vote:
AYES: Councilmembers: Kotowski, Podgorsek, Watson, Ashworth, Doetsch
NOES: Councilmembers: None
ABSENT: Councilmembers: None
R41plC Doe�sch, Sr., Mayor
ATTEST:
d
Barbara Olsasky, City Cle
(3R-obert Hosfeldt, �redent
Gill Industries, Inc.