General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Section 20-1. Definitions. Chapter 20 - UTILITY FRANCHISES ARTICLE I. CABLE TELEVISION A. Act shall mean the Communications Act of 1934, as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. 102-385), and as may be amended from time to time. B. Associated equipment shall mean all equipment and services subject to regulation pursuant to 47 CFR S 76.923. C. Basic cable service or basic service shall mean basic service as defined in the F.C.C. rules, and any other cable television service which is subject to rate regulation by the City pursuant to the Act and the F.C.C. rules. D. Cable operator or company shall mean the firm and/or corporation which is granted a non-exclusive franchise for the establishment and operation of a community antenna television system in the City, or anyone who succeeds the company in accordance with the provision contained herein. E. City is the City of New Buffalo, Michigan. F. City channel shall mean a channel on the system which is reserved for use by the City of New Buffalo or for public access. G. City Council is the Council of the City of New Buffalo, Michigan. H. Community antenna television system, C.A.T.V., or system shall mean any facility that receives over the air or by other means, and amplifies or otherwise modifies, the signals broadcast by television or radio stations as well as signals containing other information, and distributes such signals by cable and/or other means to the public. I. Company channel shall be a channel on the system which is reserved for the carriage of program material originated by the company or by another person. J. F.C.C. shall mean the Federal Communication Commission. K. F.C.C. rules shall mean all rules of the F.C.C. promulgated from time to time pursuant to the Act. L. Franchise shall mean the grant of authority to the company to operate a C.A.T.V. system in the City of New Buffalo. M. Gross revenues shall mean the total revenues received by the company from all services to the City. N. Increase shall mean an increase in rates or a decrease in programming or customer services. O. Public ways shall mean streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, alleys, all other public rights-of-way, and public grounds or waters within or belonging to the City of New Buffalo. P. Subscriber shall mean a purchaser of any service delivered over the system to an individual dwelling unit, where the service is not to be utilized in connection with a business, trade, or profession. Chapter 20- UTILITY FRANCHISES 20-6
CITY OF NEW BUFFALO CODE OF ORDINANCES Section 20-2. Grant of franchise permit. A. There is hereby granted to the company, Michiana Cablevision Corporation, a non-exclusive franchise permit for the occupation or use of the public ways within the City for the construction, operation, and maintenance of a C.A.T.V. system. B. This permit shall remain effective until December 31, 2001, unless sooner revoked as herein provided in Section 3 hereof. The company shall give, not later than twenty-four (24) months prior to expiration of permit, notice of application for renewal to the City and, for at least seven (7) months, the City may deal only with the existing operator and must make a decision to renew the franchise or reject it within twelve (12) months. Only after the renewal application is rejected, within this time period, may the City entertain other applicants. [Ord. 121, 2/16/1999] The renewal application may be denied if: 1. There has been a material change in the operator's ability to provide the required services and facilities. 2. The operator failed to comply materially with the law or franchise agreement. 3. The technical quality of the signal does not meet F.C.C. standards. 4. The system and services to be provided do not meet the community's need. 5. The proposals made by the operator are otherwise not reasonable. C. Nothing in the franchise shall affect the right of the City to grant to any other person a franchise to occupy and use the public ways for the construction, operation, and maintenance of C.A.T.V. or similar facilities, within the City. The City shall give the company no less than two (2) weeks notice of the hearing date of any application for any additional franchise to another. Notice contained in this franchise shall not prohibit the company from appearing before the City Council and being heard on any application for any additional franchise to another. Section 20-3. Revocation of franchise permit. A. The franchise permit granted herein shall be subject to the rights reserved by the City unto itself through its Charter, Chapter 13, Section 13.7 through Section 13.16 respectively, and herein included by this reference, with values as in Section 13.15 of Chapter 13 of the City Charter to be set by fair market value as appraised at the time of revocation, less any values as attributable to the franchise itself. B. Any franchise granted hereunder shall be subject to all applicable state and federal laws, including rules and regulations established by the F.C.C. Section 20-4. Limitation of franchise. A. This franchise applies only to the operation of a C.A.T.V. system as provided herein, and does not take the place of any other franchise, license, or permit which might be required by federal, state, and local law. B. In the operation of its system, the company shall not deprive an inhabitant of any building, by contract or otherwise, of any existing right to use an individual or master antenna for the purpose of receiving television signals. Chapter 20- UTILITY FRANCHISES 20-7
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General Ordinances - City of New Buffalo

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