O-407-78 ORDINANCE NO. 407-78
AN ORDINANCE OF MIAMI SHORES VILLAGE PROVIDING FOR
THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL
OF CABLE TELEVISION SYSTEMS WITHIN ITS TERRITORIAL
LIMITS, AUTHORIZING EXCLUSIVE FRANCHISES; PROHIBITING
UNAUTHORIZED CONNECTIONS; AND PROVIDING METHOD OF
ENFORCEMENT.
Section 1. Short Title. This Ordinance shall be known and
may be cited as the "Miami Shores Cable Television Ordinance" .
Section 2. Definitions. For the purposes of this Ordinance,
the following terms, phrases, words and their derivations shall
have the meaning given herein, unless the context clearly indi-
cates that another meaning is intended. When not 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 always mandatory and not merely
directory.
(1) "Agency" means the person, department, or agency
designated by the Franchise Authority, by resolution, to
act for it in administrative matters relating to cable
television.
(2) "Auxiliary Services" means any communications service
in addition to "regular subscriber services" , including,
but not limited to, pay TV, burglar alarm service, data
transmission, facsimile service, home shopping service, etc.
(3) "Cable Television System" or CATV System" is any
facility that in whole or in part , receives directly, or
indirectly, over the air and amplifies or otherwise modi-
fies the signals transmitting programs broadcast by one
or more television or radio stations and distributes such
signals by wire or cable to subscribing members of the
public who pay for such service.
(4) "Channel" is a band of frequencies 6 megahertz
wide in the electromagnetic spectrum capable of carrying
either one audio-visual television signal
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and a few non-video signals or a large number of
nonvideo signals.
(5) "Federal Communications Commission" , or "FCC" is
the present federal agency of that name as con-
stituted by the Commissions Act of 1934, or any
successor agency created by the United States
Congress.
(6) "Franchise" is an authorization granted by the
Franchise Authority which permits the construct-
ion, operation and maintenance of a cable tele-
vision system within the Franchise Area under the
terms of this Ordinance.
(7) "Franchise Area" means that portion of the Fran-
chise Entity for which a franchise is granted
under the authority of this Ordinance. The
Franchise Area may or may not be conterminous
with the Franchise Entity.
(8) "Franchise Authority" is the governing body of
the Franchise Entity.
(9) "Franchise Entity" is Miami Shores Village Florida,
as presently constituted and including any area
henceforth added during the terms of any franchise
granted hereunder.
(10) "Grantee" is a holder of a cable television fran-
chise issued by the Franchise Entity.
(11) "Gross Revenues" means revenues derived directly
or indirectly by a grantee from both regular sub-
scriber service and auxiliary services.
(12) "Gross Subscriber Revenues" means those revenues
derived directly or indirectly by a grantee from
the supplying of regular subscriber service; that
is, the installation fees, disconnect and reconnect
fees, and fees for regular cable benefits includ-
ing the transmission of broadcast signals and
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access and origination channels if utilized.
It does not include revenues derived from auxi-
liary services or from any taxes whether or not
passed on to users, per program or per channel
charges, leased channel revenues, advertising
revenues, or any other income derived from the
system.
(13) "Major Stockholder" is a beneficial owner, dir-
ectly or indirectly, of 10% or more of the is-
sued and outstanding voting stock of any corpora-
tion.
(14) "Persons" are any people, firms, corporations,
associations, or other legally recognized entities.
(15) "Public Street" is the surface of and the space
above and below any public street , avenue, high-
way, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead,
wharf, pier, alley,right.-of-way, public utility
easement, and any other public ground or water
within or belonging to the Franchise Entity.
(16) "Regular Subscriber Service" is that service
regularly provided to all subscribers. It in-
cludes all broadcast signal carriage, FCC-
required access channel carriage including orig-
ination programming. It does not include special-
ized programming for which a per-program or per-
channel charge is made.
(17) "Subscriber" means any person receiving subscriber
service.
Section 3. Franchise to Operate Necessary.
It shall be unlawful to commence or engage in the construct-
ion, operation, or maintenance of a cable television system
without a franchise issued under this Ordinance. The Fran-
chise Authority may, by resolution, award a franchise to
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construct operate and maintain a cable television system with-
in all or any portion of the Franchise Entity to any person,
whether operating under an existing franchise or not, who
makes application for authority to furnish a cable television
system which complies with the terms and conditions of this
Ordinance. Providedp that this section shall not be deemed
to require the grant of a franchise to any particular per-
son or to prohibit the Franchise Authority from restricting
the number of grantees should it determine such a restrict-
ion would be in the public interest .
Section 4. Term of Franchise.
(1) Any franchise granted by the Franchise Authority
shall be for a term of '10 years following the date
such franchise is accepted by the grantee, and,
upon application of the grantee and review of the
performance of grantee in a public proceeding, the
Franchise Authority may renew the Franchise for
successive *10 year periods, with such modifi-
cation of terms as the Franchise Authority may
determine in each instance.
(2) The Franchise Authority in addition to appropri-
ate penalties may terminate any franchise in the
event the Grantee shall refuse, or neglect to
comply with any material requirement or limitation
contained in this Ordinance.
(3) Should the Franchise Authority determine that Grantee
is not , in its opinion, in compliance with this
Ordinance and any Franchise issued thereunder,
it shall so notify Grantee, and Grantee shall, with-
in 30 days, bring the franchised system into com-
pliance, reporting corrective action taken to the
Franchise Authority.
(4) If the Franchise Authority is not satisified that
compliance has been achieved, or that good faith
progress is being made toward compliance, it may
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schedule a public hearing to determine whether the
Franchise should be revoked or penalties invoked
or both. The Grantee and the public shall be
given at least 30-days notice of such a hearing,
and all interested parties shall be heard in open
hearing. At the conclusion of the public hearing,
the Franchise authority shall determine whether
the franchise should be terminated or penalties if
any, and shall set forth in writing, the facts and
reasons upon which its decision is based.
Section 5. Limitations of Franchise
(1) Unless an exclusive franchise shall be expressly
granted, any franchise granted under this Ordinance
shall be non-exclusive and nothing herein shall
be construed to prevent the Franchise Authority
from granting identical or similar franchises to
more than one Grantee, within all or any portion
of the Franchise Entity.
(2) A grantee shall, at all times during the life of
its franchise, be subject to the lawful exercise
of the Franchise Entity' s police power and
such reasonable regulations as the Franchise Auth-
ority may subsequently promulgate thereunder. No-
thing contained in this Ordinance shall be deemed
to prohibit in any way the right of Franchise
Entity to levy non-discriminatory occupational
license taxes on any activity conducted by Grantee.
(3) All privileges prescribed by such a franchise shall
be subordinate to any prior lawful occupancy of
the public streets, and the Franchise Authority re-
serves the right to reasonably designate where a
grantee' s facilities are to be placed within the
public ways.
(4) (a) A franchise shall be a privilege which is
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personal to the original grantee. It shall not
be sold, transferred, leased, assigned, or dis-
posed of, in whole or in part, either by sale, merg-
er, consolidation, or otherwise, without prior
consent of the Franchise Authority expressed by
resolution, and then only under such conditions as
may therein be prescribed. Any such transfer or
assignment shall be made only by an instrument in
writing, which shall include an acceptance of all
terms and conditions of the franchise by transferee,
a duly executed copy of which shall be filed with
the Agency within 30 days after any such transfer
or assignment.
(b) Consent of the Franchise Authority shall not
be granted until it has examined the proposed
assignee' s legal, financial, technical, character
and other qualifications to construct , operate,
and maintain a cable television system in the
Franchise Entity and has afforded all interested
parties notice and an opportunity to be heard on
the question.
(c) Consent of the Franchise Authority shall not
be arbitrarily refused;provided, that the proposed
assignee possesses the requisite qualifications
and agrees, in writing, to comply with all provisions
of the franchise and this Ordinance.
(d) Transfer of 20% or more of the voting secur-
ities of a corporate Grantee to a person not pre-
sently a stockholder shall be deemed to be a trans-
fer of control.
(e) No such consent shall be required for a transfer:
(i) in trust, of system assets by mortgage
or by other hypothecation, to secure an
indebtedness;
(ii) to a parent or subsidiary of a corp-
orate grantee; or
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to a corporation whose stock is held by the
same stockholders as grantee;
(iv) of less than 20% of the voting securities of
a corporate grantee unless such transfer also
results in a transfer of voting control .
(v) of stock from one present stockholder to
another present stockholder unless such trans-
fer also results in a transfer of voting control.
(5) Nothing herein shall be deemed to in any way impair
or affect the right of the Franchise Entity to ac-
quire the property of the grantee, either by pur-
chase or through the exercise of the right of
eminent domain, at a price reflective of its fair
market value as an ongoing concern, and nothing
herein shall be construed to constitute a waiver
or bar to the exercise of any governmental right
or power of the Franchise Entity.
Section 6. Liability and Idemnification.
(1) A grantee shall pay, and by its acceptance of a
franchise specifically agrees to pay, any and all
damages or penalties which the Franchise Entity
may be required to pay as a result of a grantee' s
installation, operation or maintenance of a
franchise cable television system under this
Ordinance whether or not the acts or omissions
complained of are authorized, allowed or prohib-
ited by the Franchise Entity.
(2) A grantee shall also pay all expenses incurred by
the Franchise Entity in defending itself with
regard to any and all damages and penalties men-
tioned in subsection (1) , above. These expenses
shall include all out-of-the-pocket expenses,
including reasonable attorney' s fees and the
reasonable value of services rendered by any employee
of the Franchise Entity.
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(3) The grantee shall maintain throughout the term
of the franchise, liability insurance insuring
the Franchise Entity and the grantee with regard
to all damages mentioned in subsection (1) ,
above, caused by grantee or its agents, in the
minimum amounts of :
(a) Workers' compensation insurance as pro-
vided by the laws of the State of Florida.
(b) $1, 000, 000 for bodily injury or death to
any one person, within the limit, however, of
$3, 000,000 for bodily injury or death resulting
from any one accident .
(c) $1,000, 000 for property damage resulting
from any one accident .
The insurance policies obtained by a grantee in
compliance with this section shall be issued by
a company or companies acceptable to the Franchise
Entity, and a current certificate or certificates
of insurance, along with written evidence of pay-
ment of all required premiums, shall be filed and
maintained with the Agency during the term of the
Franchise. Said policies shall name the Franchise
Entity as an additional insured and shall contain
a provision that a written notice of cancellation
or reduction in coverage of said policy shall be
delivered to the Franchise Entity 30 days in ad-
vance of the effective date thereof.
Section 7. Technical Requirements - Channel Capacity.-
The CATV system to be constructed by grantee shall be in-
stalled, maintained, and operated at all time in full com-
pliance with the technical and channel capacity standards of
the Federal Communications Commission.
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The results of annual performance tests conducted in accord-
ance with Sec. 76.601 (c) , FCC Rules (or such other section
of the Rules as shall incorporate its substance) shall be
retained for at least 5 years and available for inspection
by the Franchise Entity.
Section 8. Safety Requirements
A grantee shall, at all times :
(1) Install and maintain its wires, cables, fixtures
and other equipment in accordance with the requirements
of the Franchise Entity' s Building Code and Electrical
Safety Ordinances, and in such manner that they will
not interfere with any installations of the Franchise
Entity.
(2) Keep and maintain in a safe, suitable, substantial
condition, and in good order and repair, all structures,
lines, equipment and connections in, over, under, and
upon the streets, sidewalks, alleys, and in public ways
or places of the Franchise Entity, wherever situated
or located.
Section 9. Service St'aildar'ds-Busin*ess Off160-Regollit'ibri of
Throughout the life of its franchise, a grantee shall :
(1) Maintain all parts of its system in good condition
and in accordance with standards generally observed
by the cable television industry. Sufficient employees
shall be retained to provide safe, adequate and prompt
service for all its facilities.
(2) Maintain a conveniently-located business office
and standard center to which subscribers may telephone
without incurring added message units or toll charges.
This office shall be open during all usual business
hours, and be so operated that complaints and requests
for repairs or adjustments may be received by telephone
at any time when any television signals are being broad-
cast.
(3) Dispatch personnel to investigate all service com-
plaints and equipment malfunctions within 24 hours
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and strive to resolve such complaints as promptly
as possible. Planned interruption of service shall
be only for good cause. Planned service interr-
uptions shall be preceded by notice. Insofar as
possible, planned service interruptions shall be
of brief duration, and occur during minimum
viewing hours.
(4) Maintain a complete list of all complaints re-
ceived and the measures taken to resolve them in form
to be approved by the Agency. This list shall be avail-
able to the Agency upon request .
(5) Permit the Agency to inspect and test the system' s
technical equipment and facilities upon reasonable (12-24
hours - ) notice.
(6) Responsibility for the administration of any fran-
chise granted hereunder and for the resolution of all
complaints against a grantee regarding the quality of
service, equipment malfunctions, and similar matters,
is hereby delegated to the Agency which is empowered,
among other things, to adjust, settle, or compromise
any controversy arising from operations of the grantee,
either on behalf of the Franchise Entity, the grantee,
or any subscriber, in accordance with the best interest
of the public; provided that any person aggrieved by a
decision of the Agency may appeal the matter to the Fran-
chise Authority for hearing and determination. The
Franchise Authority may accept, reject , or modify the
decision of the Agency, and may adjust , settle, or com-
promise any controversy arising from the operations
of the grantee under any franchise granted pursuant to
this ordinance. No adjustment, settlement, or com-
promise, whether instituted by the Agency, or by the
Franchise Authority shall be contrary to the provisions
of this ordinance or of the franchise agreement, and
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neither the Agency nor the Franchise Authority, in the
adjustment, settlement , or compromise of any controversy
shall have the right of authority to add to, modify,
or delete any provision of this ordinance or of the
franchise. The grantee shall notify subscribers at
the time of initial subscription to the system of
the procedure for reporting and resolving complaints
by delivering to each subscriber a notice in form
approved by the Agency.
(7) Any reasonable expense incurred by the Agency in
the resolution of complaints which exceed the franchise
fee for the fiscal year in which the complaint occurred
shall be billed to the grantee.
Section 10. Conditions on Street Occupancy.
(1) Any pavement, sidewalk, curbing or other paved
area and any landscaped area taken up, and any ex-
cavations made by a grantee or any work which may block
the public right of way including installation of cable,
shall be done under the supervision and direction of
the Agency under permits issued for work by the proper
officials of the Franchise Entity, and shall be done in
such manner as to give the least inconvenience to the
inhabitants of the Franchise Entity. A grantee shall,
at its own cost and expense, and in a manner approved
by the Agency, replace and restore any such pavements,
sidewalks, curbing or other paved or other landscaped
areas in as good a condition as before the work involving
such disturbance was done, and shall also make and keep
full and complete plats, maps and records showing the
exact locations of its facilities located within the
public streets, ways, and easements of the Franchise
Entity. Should the grantee in the judgement of the
Franchise Entity fail to replace and restore any such
pavements, etc. , in as good a condition as before the
work involving such disturbance, the Franchise Entity
may do the required work and the grantee shall pay the
Franchise Entity. These maps shall be available for
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inspection at any time during business hours by Agency.
(2) A grantee shall, at its expense, protect, support ,
temporarily disconnect , relocate, or remove, any of
its property when required by the Franchise Entity by
reason of traffic conditions, public safety, road
construction, change of street grade, installation of
sewers, drains, water pipes, power lines, signal lines,
tracks, or any other type of municipal improvements.
(3) A grantee shall, on the request of any person
holding a building moving permit issued by the Franchise
Entity, temporarily raise or lower its wires to permit
the moving of buildings. The expense of such temp-
orary removal or raising or lowering of wires shall be
paid by the person requesting same, and the grantee
shall have the authority to require such payment in ad-
vance. The grantee shall be given not less than 48 hours
advance notice to arrange for such temporary wire changes.
(4) A grantee shall be required to trim the trees
upon and overhanging the public streets so as to prevent
the branches of such trees from coming in contact with
the wires and cables of the grantee, except that , at
the option of the Franchise Authority, such trimming
may be done by it or under its supervision and direction
at the expense of the -grantee.
(5) In all sections of the Franchise Area where the
cable, wires, or other similar facilities of public
utilities are placed underground, the grantee shall place
its cables, wires or other like facilities underground
to the maximum extent that existing technology reason-
ably premits the grantee to do so. This paragraph shall
apply to existing underground installation and future
actions where existing above ground facilities are placed
underground.
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Section 11. -Construction.
(1) A grantee shall extend the installation of cables,
amplifiers, and related equipment throughout the area
covered by its franchise as rapidly as practicable,
but in any event , shall :
(a) Begin engineering studies within 60 days after
accepting its franchise.
(b) Begin awarding contracts within 90 days after
receiving certification from the FCC.
(c) Begin construction of its proposed system with-
in 6 months after receiving certification from
the FCC. Maps and specifications shall be filed
with the Village prior to construction showing
expected dates of completion.
(d) Begin rendering service to subscribers within
1 year after receiving certification from the
FCC.
(e) Complete construction of 407o of its proposed
system (measured in terms of total linear strand
miles) within 2 years after receiving certification
from the FCC, and complete additional 20% each
year thereafter so that after 5 years the entire
system shall be constructed and the grantee
capable of providing service no more than 60 days
after receiving an application for service to
every dwelling unit within the franchise area.
(f) Erection, Removal and Common Uses of Poles
(i) No poles or other wire holding structures
shall be erected by the grantee without prior
approval of the Agency with regard to location,
height, type, and any other pertinent aspect.
However, no location of any pole or wire-holding
structure of the grantee shall be a vested int-
erest and such poles or structures shall be
removed or modified by the grantee at its own
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expense whenever the Agency determines that the
public convenience would be enhanced thereby.
(ii) Where poles or other wire-holding structures
already existing for use in serving the Franchise Entity
are available for use by the grantee, but it does
not make arrangements for such use, the Agency may
require the grantee to use such poles and structures
if it determines that the public convenience would
be enhanced thereby and the terms of the use avail-
able to the grantee are just and reasonable.
(iii) Where the Franchise Entity or a public utility
serving the Village desires to make use of the poles
or other wire-holding structures of the grantee,
but agreement therefore with the grantee cannot be
reached, the Agency may require the grantee to permit
such use for such consideration and upon such terms
as the Franchise Entity shall determine to be just
and reasonable, if the Franchise Entity determines
that the use would enhance the public convenience
and would not unduly interfere with the grantee' s
operation.
(g) File a map and progress report with the Agency
at the close of each calendar year, showing the exact
areas of the Franchise Entity being served by the cable
television system and the location and identification of
major component part of the system.
(2) Failure on the part of a grantee to commence and dili-
gently pursue each of the foregoing requirements and to
complete each of the matters set forth herein, shall
be grounds for termination of its franchise pursuant
to the terms of Section 4 (2) hereof; provided, however,
that the Franchise Authority may in its discretion extend
time periods in the event the grantee, acting in good
faith, experiences delays by reasons of circumstances be-
yond its control.
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(3) In the event the operation of any part of a cable
television system is discontinued for a continuous per-
iod of 6 months, or in the event such system has been
installed in any public street without complying with
the requirements of the grantee' s franchise, the grantee
shall promptly, upon being given 10 days notice, re-
move from the streets or public places all such property
and poles of such system. Any property which the grantee
allows to remain in place 60 days after having been
notified by the Franchise Entity that it must be re-
moved shall be, at the option of the Franchise Entity,
considered permanently abandoned and shall become the
property of the Franchise Entity subject to the pro-
visions of any utility joint use attachment agreement,
or same may be removed by the Franchise Entity, and
the cost of removal shall be paid by Grantee to the
Franchise Entity.
(4) Upon the failure of a grantee to satisfactorily
complete any work upon the public streets as may be
required by law or the terms of its franchise within the
time prescribed, the Franchise Entity, at its option,
may cause such work to be done and the grantee shall
pay to the Franchise Entity the cost thereof within
30 days after receipt of an itemized report.
(5) If the Village Manager determines, giving due
regard to technological and financial limitations,
that any part or all of the System should be improved
or upgraded (including, without limitation, the in-
creasing of channel capacity, the furnishing of improv-
ed converters, and the institution of two-way trans-
mission) , he may request such improvement or upgrading
of the System, to be effected by the Grantee within a
reasonable time thereafter. If the Grantee disputes any
such determination or the reasonable time within which
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it should be implemented it may, within twenty (20)
days after the request demand that the matter be set for
a Public Hearing before the Village Council. The
Village Council shall follow the same review procedure
as provided for rate increases (Section 14) . This
would be an advisory request and not mandatory.
Section 12. Indemnity Bond.
(1) Concurrently with the acceptance of its franchise,
a grantee shall file with the Agency a bond with
surety acceptable to the Franchise Entity, in the amount
of $100, 000 to indemnify the Franchise Entity against
any losses it may suffer in the event the grantee
fails to comply with one or more of the provisions of
its franchise. Said bond shall be obtained at the sole
expense of the grantee and remain in effect for the full
term of the franchise or any renewal thereof plus an
additional 6 months thereafter. The grantee and its
surety shall be jointly and severally liable under the
terms of the bond for any damages or loss suffered by
the Franchise Entity as a result of the grantees' non-
performance, including the full amount of any compensation,
indemnification or cost of removal of any property of
the grantee in the event of default, plus a reasonable
allowance for attorney' s fees and costs, up to the full
amount of the bond. The bond shall provide for 30 days
prior written notice to the Franchise Authority of any
intention on the part of the grantee to cancel, fail to
renew, or otherwise materially alter its terms.
(2) Neither the filing of an indemnity bond with the
Agency, nor the receipt of any damages recovered by the
Franchise Authority thereunder, shall be construed
to excuse faithful performance by the grantee or limit
the liability of the grantee under the terms of its franchise
for damages, either to the full amount of the bond or other-
wise.
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Section 13. Franchise PayltEint*s.
(1) Any person awarded a franchise under this Ordi-
nance shall pay to the Franchise Entity, each year during
the life of the Franchise, a Franchise fee in the amount
of 3 per cent of its annual Gross Revenues derived from
its operation of the franchised cable television system
within the Franchise Area limits.
(2) A grantee shall file with the Agency, within
90 days after the expiration of any calendar year or
portion thereof during which its franchise is in force,
a financial statement certified by a responsible officer
of the grantee, showing in detail the Gross Revenues,
as defined herein, of the grantee during the preceding
calendar year or portion thereof. It shall be the duty
of the grantee to pay the Franchise Entity within 15
days after the time for filing such statement, the
sum prescribed above or any unpaid balance thereof for
the calendar year covered by such statements.
(3) The Franchise Entity shall have the right to
inspect the grantee' s records showing the Gross Sub-
scriber Revenues from which its franchise payments are
computed and shall also have the right of audit and re-
computation of any and all amounts paid under the Or-
dinance. No acceptance of payment shall be construed
as a release or as an accord and satisfaction of any
claim the Franchise Entity may have for further or
additional sums payable under this Ordinance or for the
performance of any other obligation thereunder; how-
ever, an accounting rendered to the Franchise Entity
and to which no exception is made within 3 years after
receipt by the Franchise Entity shall be deemed to be
accurate and shall not thereafter be subject to ques-
tion or made the basis of any claim by Franchise Entity
against grantee.
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Section 14. —Rates Charged to—Subscribers.
(1) Any franchise issued hereunder shall set forth
the initial rates which grantee may charge its sub-
scribers upon commencing service, thereafter, these
rates shall be changed when appropriate in accordance
with the provisions of this section.
(2) Any rate established shall be reasonable, just,
and fair to the public, and shall provide the grantee
a return upon its investment reasonable sufficient to :
(a) assure confidence in grantee' s financial
soundness:
(b) support its credit and attract necessary
capital under efficient and economical management :
(c) provide a return to equity owners commen-
surate with current returns on investment in other
enterprises having corresponding risks.
(3) No rate established shall afford any undue prefer-
ence or advantage among subscribers, but separate rates
may be established for separate classes of subscribers
and rates may reflect the increased cost of providing
service to isolated or sparsely populated areas.
(4) Should Grantee desire to change any rate or rates,
it shall notify each subscriber and the Franchising
Authority, in writing, of the intended change, at least
60 days prior to the date the change is to be effective.
The Franchising Authority may, if it so elects, review
any rate proposal at a public hearing of which all parties
shall have at least 30 days notice. At such a hearing,
evidence shall be taken and received on all of the elements
necessary to be considered in determining the reason-
ableness of the proposed rates, including the return
experienced by the company on its investment. Thereafter,
the Franchise Authority shall decide the matter by a
majority vote and render a written decision approving,
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disapproving or modifying the proposed rate changes.
The decision shall set forth complete findings of fact
and conclusions regarding all of the basic elements
considered in determining the rates, as set forth above.
Section 15. - Removal of Facilities Upon Request.
Upon termination of service to any subscriber, a
grantee shall promptly remove all its facilities and
equipment from the premises of such subscriber upon his
request .
Section 16. Public Service Requirements.
A grantee shall :
(1) Provide at least one service outlet to each
municipal facility and public school within
its franchise area at no cost to the Franchise
Entity or school involved, and shall charge
only its time and material costs for any add-
itional service outlets to such facilities.
(2) Make its facilities immediately available to the
Franchise Entity upon request during the course
of any emergency or disaster. The Village Manager
or Police Chief may request use of the facili-
ties pursuant to this section.
Section 17.
The Franchise Authority may amend this ordinance,
and any franchise issued hereunder, upon its own motion
or the application of a grantee whenever amendment is
necessary to enable a grantee to utilize new develop-
ments in television or radio signal transmission which
would improve and update cable television service in
the Franchise Area, or to comply with any modifications
in the Rules of the FCC. No amendment shall be adopted
except after full, open public hearing affording due
process and no amendment substantially amending the
existing rights and obligations of the grantee shall be
adopted without grantee' s consent.
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Section 18. Application Procedures.
This Ordinance itself grants no authority to operate
a cable television system to any person. Such grants
are only made by the adoption of a separate ordinance
awarding a specific franchise to an applicant who has
complied with the provisions of this Ordinance.
(1) Any person interested in obtaining a franchise to
operate a cable television system in the Franchise
Area shall submit a written application to the Franchise
Authority together with non-refundable application fee
of $200.00 which shall contain the following information.
(a) The name, address and form of business of the
applicant. If the applicant is a corporation, it
shall also state the names, addresses and occupations
of its officers, directors and major stockholders,
and the names and addresses of any parent or subsidiary
companies. If applicant is a corporation, controlled
by another corporation, the names, addresses and occu-
pations of the officers, directors and major stockholders,
of the controlling corporation shall also be stated.
If the applicant is a partnership or other unincorporated
association, the name and address of each member, whether
active or inactive, shall be set forth, and if one or
more partners are corporations, the names, addresses
and occupations of such corporation' s officers, direct-
ors and major stockholders shall also be stated.
(b) A list of all other cable television system, if
any, in which the applicant (or any partner or major
stockholder of applicant) has a substantial interest,
stating the location, approximate number of homes served,
and the name and address of the local franchising body.
(c) A thorough description of the proposed cable
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television system to be installed and operated,
the manner in which the applicant proposes to con-
struct, install, maintain and operate the same; and
the extent and manner in which existing or future
poles or other facilities of public utility com-
panies will be used in the proposed system, together
with a map or maps delineating proposed service
areas if the applicant proposes to serve less than
the entire Franchise Entity.
(d) A schedule of proposed rates and charges to all
classes of subscribers for both installation and
monthly service, and a copy of the proposed
service agreement between the applicant and its
proposed subscribers.
(e) A copy of any contract which may exist between
the applicant and any public utility providing
for the use of such utility' s property, such as
poles, lines or conduits.
(f) A statement setting forth all agreements and under-
standings, whether written, oral, or implied,
between the applicant and any other person with
respect to the proposed franchise or the proposed
cable television operation. If a franchise should
be granted to a person posing as a front or rep-
resentative of another undisclosed person, such
franchise shall be deemed void ab initio and of
no force and effect whatsoever.
(g) An estimate of the cost of constructing the appli-
cant' s proposed system, and a financial statement
prepared in form satisfactory to the Franchising
Authority showing applicant' s financial status
and its financial ability to meet these proposed
costs.
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(h) A sworn statement acknowledging the appli-
cant' s familiarity with and eligibility under
the provisions of this Ordinance and the Rules
of the FCC and its intention to abide by the
same.
(i) Any such supplementary information as the
Franchise Authority shall at any time demand
in order to reasonably determine whether the
requested franchise should be granted.
(2) No application for a franchise shall be
accepted by the Franchise Authority until it has pub-
lished its intention to award such a franchise or
franchises and solicited the filing of applications.
Applications shall then be accepted from all interested
parties for a period of 60 days, but none shall be
accepted thereafter.
(3) The Franchise Authority shall then:
(a) specify a date, not less than 30 days nor
more than 60 days following the expiration
of the filing period, upon which all bona
fide applicants (those paying the prescribed
fee, filing complete applications, and res-
ponding to all proper inquiries) shall part-
icipate in a public hearing before the Commission:
(b) specify a public place where interested part-
ies may inspect all such bona fide appli-
cations.
(4) After hearing the evidence, opinions and represent-
ations of all interested parties including members of
the public, the Franchise Authority shall then render
a decision awarding a franchise to one or more appli-
cants (or rejecting all applicants if none is found
qualified) based upon its findings as to the relative
qualifications of the applicants to render satis-
factory CATV service. The Franchise Entity' s decision
on all applications shall be final and conclusive.
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Section 19. Renewal' Prbb'edure's.
(1) A franchise may be renewed by the Franchise Auth-
ority for a period up to 10 years upon the written re-
quest of the grantee without soliciting additional
applicants. Such a renewal request shall be filed at
least 6, but not more than 18 months prior to the ex-
piration of the franchise and shall be accompanied by
a non-refundable application fee of $200. A renewal
request may propose modifications in the terms of a
grantee's franchise which shall be considered by the
Franchise Authority, but in any case, the Franchise
Authority may, upon its own motion, modify the terms
of a grantee' s franchise subject to the conditions
set forth in paragraph (2) , below.
(2) Upon receipt of a request for a renewal of a
franchise, the Franchise Authority shall schedule a
public hearing on the matter, giving at least 30 days
notice of such hearing and any franchise modifications
proposed by either the grantee or the Franchise Auth-
ority. After hearing all of the evidence, opinions
and representations, the Franchise Authority shall then
render a decision to renew or not to renew the grantee' s
franchise, and if the former course is taken whether
or not its franchise should be modified in any way. A
grantee shall file its acceptance of a renewal franchise
within 30 days after conclusively presumed to have con-
sented to the expiration of its franchise.
(3) In the event of non-renewal or termination of a
franchise, the Franchise Entity shall have the option
to purchase grantee' s facilities at a cost not to
exceed its then fair market value, with a reduction for
any uncompensated damages incurred by the Franchise
Entity in connection with the grantee' s operation.
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If such fair market value cannot be agreed upon by
the parties, it shall be determined by a three-member
Arbitration Panel, one member to be selected by the
Franchise Authority, one by the franchisee, and the
third member by the two members first named. The
parties shall divide the expenses of arbitration evenly
among themselves.
(4) Existing franchises issued prior to the adoption
of this Ordinance and renegotiated to comply with this
Ordinance shall be treated as franchise renewals insofar
as procedural matters are concerned.
Section 20. Tampering, Unauthorized Connections, etc.-
(a) It shall be unlawful for any person, without the
consent of the owner, to willfully tamper with, remove
or injure any cables, wires or equipment used for dis-
tribution of television signals, radio signals, pictures,
programs or sound within the Franchise Entity.
(b) It shall be unlawful for any person, firm or corp-
oration to make or use any unauthorized connection,
whether physically, electrically, accoustically, induc-
tively or otherwise, with any part of a franchised
cable television system within the Franchise Entity for
the purpose of enabling himself or others to receive
any television signal, radio signal, picture, program
or sound, without payment to the owner of said system.
Section 21. Continued Use of Individual Antennas
Rrote�cted.
It is not the Franchise Authority' s intention to
prohibit the erection or continued use of individual
television antennas, and no one is or will be required
to receive cable television service or connect with a
cable television system.
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Section 22. Grantee May promulgate Rules.
A grantee shall have the authority to promulgate such
rules, regulations, terms and conditions of its bus-
iness as shall be reasonably necessary to enable it to
exercise its rights and perform its services under this
Ordinance and the Rules of the FCC, and to assure un-
interrupted service to each and all of its subscribers.
Such rules and regulations shall not be deemed to have
the force of law. The Grantee shall file such rules,
regulations, terms & conditions of its business with
the Franchise Entity as well as deletions, amendments
etc.
Section 23. Delegation of Powers.
Any delegable right, power or duty of the Franchise
Authority, the Franchise Entity, the Agency, or any
official of the Franchise Entity may be transferred
or delegated by resolution to an appropriate officer,
employee, or department of the Franchise Entity.
Section 24. Notices
Every direction, notice, or order to be served upon a
grantee shall be sent to the local office described
in Section 9(2) , supra. The delivery of such notice
shall be deemed to have been at the time of receipt.
Section 25. Sanctions, Penalties, Enforcement .
(1) Security Fund
(a) Within thirty (30) days after the effective
date of its certificate, the Grantee shall deposit
with the Finance Director of Miami Shores Village
and maintain on deposit through the term of its
Certificate, the sum of Five thousand dollars ($5, 000)
in cash and in addition shall post a performance
bond in favor of Miami Shores Village in the amount
of 25, 000 thousand dollars, ($25, 000) as security
for the faithful performance by it of all the pro-
visions of this Ordinance, and compliance with
all orders, permits and directions of any agency of the
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Village having jurisdiction over its acts or de-
faults under this Ordinance, and the payment by the
Grantee of any claims, liens and taxes due the Villge
which arise by reason of the construction, oper-
ation or maintenance of the System. The surety on
said bond shall be subject to approval by the
Franchise Authority.
(b) Within thirty (30) days after notice to it that
any amount has been withdrawn from the security fund
deposited pursuant to subdivision (a) of this
section, the Grantee shall pay to, or deposit with,
the Finance Director of Miami Shores Village a sum
of money sufficient to restore such security fund to
the original amount of five thousand dollars ($5, 000) .
(c) If the Grantee fails to pay to the Village any
compensation within the time fixed herein: or fails,
after (10) days notice to pay to the Village any
taxes due and unpaid, ; or fails to repay to the
Village within such ten (10) days, any damages, costs
or expenses which the Village shall be compelled
to pay by reason of any act or default of the Company
in connection with this Ordinance or its Franchiseor,
fails, after three (3) days notice by the Village
of such failure to comply with any provision of this
Ordinance or its Franchise which the Village reason-
ably determines can be remedied by an expenditure
of the security, the Finance Director may. immediately
withdraw the amount thereof, with interest and any
penalties, from the security fund. Upon such with-
drawal, the Finance Director shall notify the Grantee
of the amount and date thereof.
(d) The cash deposit and principal amount of the
performance bond posted (paragraph (2) of sub-section
(1) above) shall be payable to and become the property
of the Franchise Entity, in the event that the Franchise
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is cancelled by reason of the default of the
Grantee. Upon application to, and affirmative
finding by the Miami Shores Village Council,
the Grantee shall be entitled to the return of
the performance bond upon the Grantee' s
compliance with Sec. 11. The cash deposit shall
be retained by the Franchise Entity and returned
to the Grantee at the expiration of the Franchise
provided, there is then no outstanding default on
the part of the Grantee.
(e) The rights reserved to the Franchise Entity with
respect to the security fund are in addition to all
other rights of the Franchise Entity whether res-
erved by this Ordinance or authorized law, and no
action, proceeding or exercise of a right with
respect to such security fund shall affect any other
right the Franchise Entity may have.
(2) Penalties.
For violation of material provisions of this
Ordinance penalties shall be chargeable to the Security
Fund (Sub-Section 25(l) , as follows:
(a) For failure to submit plans indicating ex-
pected dates of installation of various parts of
the System, Sec. 11(c) . . . . . . . . . $100 per day.
(b) For failure to commence operations in accor-
dance with Sec. 11(e) . . . . . . . . . $200 per day.
(c) For failure to complete construction and
installation of System in accordance with Sec. 11
. . . . . . . . .$500 per day.
(d) For failure to supply data requested by the
Village in connection with installation, construct-
ion, customers, finances or financial reports, or
rate review in accordance with Sec. 14. . . . $50 per day.
(e) For persistent failure to comply with rea-
sonable recommendations of the Franchise Authority
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relating to rates or services as provided in
See. 14 and such other reasonable requests or
recommendations as may be made pursuant to author-
ity granted by this ordinance . . . . . . . $50 per day
(f) For failure to restore the cash deposit as
required within the specified thirty (30) days,
the entire cash deposit remaining (if any) , and the
full amount of the performance bond shall be for-
feited. In cases where the Grantee disagrees as
to whether the requests which have been disregard-
ed are "reasonable"appeal may be made to the Miami
Shores Village Council.
(3) Cancellation and Expiration
(a) The Village Council shall have the right to cancel
the Franchise if the company fails to comply with any
material and substantial provision of this Ordinance
or of the grant of the Franchise or any reasonable
order, direction or permit issued by any Village pur-
suant to such material and substantial provision, or
any rule or regulation promulgated by the Village
Council which is reasonable in light of and consistent
with, any provision of this Ordinance or the Grantees
Franchise, or if the Grantee persistently fails to
comply with any provision of either, or any reasonable
order, direction or permit issued by any Village pur-
suant to any provision. Such cancellation shall be
by resolution of the Miami Shores Village Council duly
adopted in accordance with the following procedures :
(1) The Agency shall notify the Grantee of the alleged
failure or persistent failure of compliance and give
the Grantee a reasonable opportunity to correct such
failure or to present facts and argument in refutation
of the alleged failure or persistent failure.
(2) If the Agency then concludes that there is a basis
for cancellation of the Franchise pursuant to this
subdivision (a) , it shall notify the Grantee thereof.
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(3) If within a reasonable time the Grantee does not
remedy and/or put an end to the alleged failure or
persistent failure, the Miami Shores Village Council
after a public hearing on notice, may cancel the Fran-
chise if it determines that such action is warranted
under this subdivision (a) . (b) If for ten (10)
consecutive days the System, or any part thereof, is
inoperative, or if the same is inoperative for thirty
(30) days out of any consecutive twelve (12) months,
the Village Council may notwithstanding Sec. 11(3)
cancel the Franchise
(c) The Grantee shall not be declared in default or be
subject to any sanction under any provision of this
Ordinance or the Franchise in any case in which the
performance of any such provision is prevented for
reasons beyond its control .
(d) If all or part of the streets within the Village
are closed or discontinued as provided by statute,
then the Franchise and all rights and privileges here-
under with respect to said streets or any part thereof
so closed or discontinued', shall cease and determine
upon the date of the adoption of the map closing and
discontinuing such streets and the Grantee shall not be
entitled to damages from the Village due to the closing
or discontinuance of such streets or for injury to any
part of the System in the streets or for the removal
or relocation of the same.
(e) If the System is taken or condemned pursuant to
law, the franchise shall, at the option of the Franchise
Entity, cease and determine on the date of the vesting
title pursuant to such taking or condemnation, and any
award to the Grantee in connection with such taking or
condemnation shall not include any valuation based on
the Franchise.
(f) Upon cancellation or expiration of the Franchise,
the Village shall have the right to purchase the System
in accordance with subdivision (g) of this Section,
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and the Village Council may direct the Grantee to
cease operation of the System. If the Village elects
to purchase the System, the Grantee shall promptly
execute all appropriate documents to transfer title to
the Village, and shall assign all other contracts,
leases, licenses, permits and any other rights necessary
to maintain continuity of service to the public. The
Grantee shall cooperate with the Village or such agency
or person authorized or directed by the Village Council
to operate the Cable T.V. System.
Section 26. Rights' and Remedies are *Cuffit1at'iVe.
The rights and remedies reserved to the parties by this
Ordinance are cumulative and shall not add or subtract
from any other rights or remedies which they may have
with respect to the subject matter of this Ordinance,
and a waiver thereof at any time shall not affect
any other time.
Section 27. Right of Franchise Entity to Intervene.
The Franchise Entity hereby reserves to itself the
right to intervene in any suit , action, or proceeding
involving any provision of this Ordinance.
Section 28. Invalid Provisions.
If any provision of this Ordinance, or the particular
application thereof, shall be held invalid by any
court , administrative agency, or other body with
appropriate jurisdiction, the remaining provisions,
and their application, shall not be affected thereby.
Section 29. Repeal of Ot'h'e:r-' Or'di*na:jic:es.
All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed.
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Section 30. Effective Date:
This Ordinance to become effective upon Enactment.
PASSED on first reading this 7 day of November 1978.
PASSED AND ADOPTED this 21 day of November, 1978
JOSEP
MAYO
ATTEST:
VILLAGE CLERK����
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