84-O-8ORDINANCE NO. 84-0-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, RENEWING A NON-EXCLUSIVE CABLE
TELEVISION COMMUNICATIONS SYSTEM FRANCHISE GRANTED
TO CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC.
FOR AN ADDITIONAL 15 YEARS IN ACCORDANCE WITH THE
ATTACHED FRANCHISE AGREEMENT; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the initial franchise term granted in Ordinance No. 663 is due
to expire at Midnight June 15, 1985, and
WHEREAS, the City of Edgewater and Cablevision Industries of Central
Florida, Inc. have negotiated a new Franchise Agreement, attached hereto
and by reference incorporated herein as if fully set forth, marked "Exhibit
A", and
WHEREAS, the operation of a Cable T.V. System in the City of Edgewater,
Florida, shall be permitted only if the City Council of the City of Edgewater
grants such a franchise.
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. The Franchise presently held by Cablevision Industries of
Central Florida, Inc. to operate a cable television communication system
within the corporate limits of the City of Edgewater, Florida, is hereby renewed
as of 12:01 A.M. June 16, 1985 and ending at 12:00 Midnight June 15, 2000.
SECTION 2. That said Franchise is non-exclusive and the City reserves
the right to grant a similar use to other companies or corporations similarly
situated during the period of this franchise.
SECTION 3. That the contractual relationship of the City of Edgewater
is set forth in the attached Franchise Agreement marked "Exhibit A" and by
reference incorporated herein as if fully set forth.
SECTION 4. That all ordinances or parts of ordinances and all resolutions
or parts of resolutions, notwithstanding any prior ordinances or parts of
ordinances or prior resolutions or parts of resolutions in conflict with this
ordinance and Franchise Agreement or any portion thereof are unequivocably
repealed.
SECTION 5. This Ordinance shall take effect upon its adoption by the
City Council of the City of Edgewater, Florida, and approval as provided
hereinxggg
0
This Ordinance was introduced by pu,,,,�,2, a, 2pp„iefi,
This Ordinance was read on first reading and passed by a vote of the City
Council of the City of Edgewater, Florida, at a n� meeting of said
Council held on the26ay of ,1984, and approved as provided
by law.
The second reading of this Ordinance to be at a ApenJaA meeting of
the City Council of the City of Edgewater, Florida, too'bbeheld 'oon the 0A day
of,1984.
ROLL CALL VOTE ON ORDINANCE 84-0- $ AS FOLLOWS:
„per......
'Ia I l OR J
COUNCILMAN - ZONE ONE
FIRST READING:
COU LW AN - Z NE TW
OO N N - ZONE THREE
SECOND READING
pQ�y'flrs' b
Y CILMA - ZONE FOUR
Age
F�'1. COUNCILMAN - ZONE THREE
tc'i CO CIL N fZONF FOUR
-2- Ord. 84-0-g
This Ordinance read and adopted on second reading at a /lAftlgnW meeting
of the City Council of the City of Edgewater, Florida, and authenticated t�his—q-ud�
day of 1984.
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Ord. 84-0- 8
1
NON-EXCLUSIVE FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this day of
A.D. 1984, by and between the CITY OF EDGEWATER, hereinafter called "City",
and CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC., a company
authorized to do business in the State of Florida, hereinafter called "Cablevision".
WHEREAS, pursuant to the provisions of City Ordinance No. 84-0-8,
CABLEVISION and its successors, are hereby granted by the CITY, a non-
exclusive franchise to own, construct, operate, maintain and expand a cable
television system and to sell cable services subject to the terms of this
agreement.
FRANCHISE AGREEMENT
SECTION 1 - DEFINITIONS
The following terms used in the Franchise shall have the following meanings:
(a) City - City of Edgewater.
(b) Community Antenna Television System, CATV System, Cable System
or Cable Television Communications System - a facility which receives and amplifies
the signals broadcast by one or more television stations and satellites and redistri-
buses such signals through cables to subscribing members of the public for a fee,
employing wires or cable passing along, over, under, across and upon streets,
wars. lanes, alleys, parkways, bridges, highways and other public places, including
property over which the City has an easement or right-of-way and including facili-
ties which, in addition to providing such reception, amplification and redistribution,
are also used to originate and distribute. programs or other material and services
to such subscribers, and in particular, the cable system to be constructed and
operated in the City in accordance with.the terms and conditions of this Franchise.
(c) FCC - Federal Communications Commission and/or any IegallY appointed
designated or elected agent or successor
(d) Franchise - The non-exclusive privilege granted to CABLEVISION
by the City to construct and operate a cable system in the City. The Franchise
is granted in conformity with all FCC regulations and to be construed in accord-
ance therewith.
(e) Franchisee - Cablevision Industries of Central Florida, Inc. (Cablevision).
(f) Gross Revenues - shall mean all revenue derived directly or indirectly
bl the Company, from or in connection with the operation of a cable communication
system pursuant to this ordinance; provided, however, all revenues shall include
but not be limited to, basic subscriber service monthly lees, pay cable fees, install-
ation and reconnection lees, leased channel fees, converter rentals, studio rental,
production equipment and personnel fees, and advertising revenues. Gross revenues
Shall not include any taxes on services furnished by the Company herein imposed
directh upon any subscriber or user by the state, city or other governmental
units and collected by the Company on behalf of said governmental unit.
(R) Subscriber - a person who contracts to receive the signals ampli-
I red by and redistributed by the cable system.
Deleted items have been {feed-Ehreugh and new language underscored.
SECTION 2 - CATV FRANCHISE REQUIRED
No CATV system shall be allowed to occupy or use the streets of the
City or be allowed to operate without a CATV franchise.
SECTION 3 - GRANT OF FRANCHISE
This Franchise is granted under, and in compliance with all rules and
regulations of the FCC, the rules and regulations of the City and all other known
rules and regulations in force and effect during the period for which this Franchise
is granted.
Subject to the terms and conditions contained herein, the City grants
to CABLEVISION the right to construct, operate and maintain a cable television
communications system in, under, over, along, across and upon the streets, lanes,
avenues, alleys, sidewalks, bridges, highways and other public places in the City
and subsequent additions thereto including property over which the City has an
easement or right-of-way for the purpose of reception, transmission, amplification,
origination, distribution or redistribution of audio and video and other impulses
in accordance with the laws of the United StatesofAmerica, the State of Florida,
and in accordance with the rules and regulations which are or may be set forth
by the City.
SECTION 4 -POLICE POWER
In accepting this Franchise, CABLEVISION acknowledges that its rights
hereunder are subject to the police powers of the City to adopt and enforce ordin-
ances necessary to the safety and welfare of the public; and it agrees to comply
with all applicable general laws and ordinances enacted by the City pursuant
to such power.
SECTION S - FRANCHISE TERMS
The Franchise shall conform to the following terms and conditions:
(a) The term of the Franchise shall be for a period of fifteen (IS) years
from the date of its execution. The Franchise may be renewed for additional
periods not to exceed fifteen (IS) years each subject to the provisions of Section
33 of this Franchise.
(b) The Franchise shall be non-exclusive.
(c) The
Franchise is granted for
the entire area of
the City as it exists
and as its borders
may, from
time to time,
be changed.
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SECTION 6 - INSTALLATION, INDEMNIFICATION
(a) In installing, operating and maintaining equipment, cable and wires,
CABLEVISION shall avoid all unnecessary damage and injury to trees, structures,
and improvements in and along the cable routes authorized by the City.
(b) CABLEVISION shall indemnify and hold the City harmless at all times
during the term of the Franchise from any and all claims for injury and damage
to persons or property, both real and personal, caused by the installation, operation
or maintenance of any structure, equipment, wire or cable authorized to be installed
pursuant to the Franchise. Upon receipt of notice in writing from the City,
CABLEVISION shall, at its own expense, defend any action or proceeding against
the City in which it is claimed that personal injury or property damage was caused
by activities of CABLEVISION in the installation, operation or maintenance of
its system.
(c) The City shall have the right, during the life of this Franchise, to
install and maintain, free of charge upon the poles of CABLEVISION, any wire
and pole fixtures that do not unreasonably interfere with the CATV operations
of CABLEVISION. The City agrees to indemnify, defend and hold CABLEVISION
harmless from actions resulting from the City's use thereof.
SECTION 7 - COSTS OF PUBLICATIONS
Costs to be borne by CABLEVISION shall include, but shall not be limited
to, all costs of publication of legally required notices prior to any public meeting
provided for pursuant to this Franchise.
SECTION 8 - INSURANCE
CABLEVISION shall carry insurance in companies satisfactory to the City
indemnifying the City and itself from and against any and all claims for injury
or damage to persons or property, both real and personal, caused by the construction,
installation, operation, or maintenance of any structure, equipment, wires or
cables authorized or used pursuant to the Franchise. The amount of such insurance
against liability for damage to property shall not be less than One (1) Million
Dollars as to any one accident. The amount of such insurance for liability for
injury or death to persons shall not be less than One (1) Million dollars on account
of injury to or death of any one person or number of persons in any one accident.
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CABLEVISION shall also carry automobile and Worker's Compensation Insuranc
as well as such other customary insurance carried by cabled operators for protection
against claims such as defamation and other related claims common to cable
systems.
Certificates of Insurance shall be filed with the City when executed, and
the City shall be notified in writing at least 30 days prior to the cancellation
of any such policy.
SECTION 9 - COMPETITION FOR TELEVISION AND RADIO REPAIRS AND
SALES
CABLEVISION, its officers, directors and employees acting on behalf of -
CABLEVISION shall not engage directly or indurectly in the business of selling
or repairing television or radio sets.
SECTION 10 - FREE SERVICE
CABLEVISION shall provide one standard cable drop and an outlet along
its cable route, at no cost, to public ichools, police and fire stations, public libra-
ries and other City public buildings designated in writing by the City excluding
public housing and hospitals.
In addition, CABLEVISION will provide, at cost, all design specifications,
-construction, equipment and parts needed to provide service and additional outlets
to the buildings specified in this section.
The basic level of service is to be provided at all such outlets without charge.
SECTION I I - REMOVAL OF SYSTEM
Upon termination of the period of the Franchise or of any renewal thereof
by passage of time or otherwise, CABLEVISION shall forthwith remove, at its
own expense, its supporting structures, poles, transmission and distribution systems
and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges,
highways and other public places in, over, under and along which they are installed
and shall restore the areas to their original condition. If such removal is not
completed within twelve (12) months of such termination, the City may perform
the work at CABLEVISION's expense or the City may claim ownership. A bond
shall be furnished by CABLEVISION, at the time of the removal of the CATV
System, in an amount sufficient to cover this expense.
SECTION 12 - REPAIRS AND RESTORATION
Whenever CABLEVISION takes up or disturbs any pavement, sidewalk
of other improvement of any public way or public place, the same shall be replaced
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and the surface restored in as good condition as before entry, as soon as practi-
cable. If CABLEVISION fails to make such restoration within a reasonable time,
the City may fix a reasonable time for such restoration and repairs and shall
notify CABLEVISION in writing of the restoration and repairs required and the
time fixed for the performance thereof. Upon failure of CABLEVISION to comply
within the time specified, the City may cause proper restoration and repairs to
be made and the expense of such work shall be paid by CABLEVISION upon demand
by the City.
SECTION 13 - TRANSPOSITION OF SIGNALS
If CABLEVISION transposes any television signals from the channel
on which it was originally broadcast so that it is received on a different channel
on the receiving sets of subscribers, it shall notify its subscribers in writing of
such transposition and provide them with a marker suitable for mounting on
a television receiver indicating the fact of such transposition.
SECTION 14 - EQUAL TIME
If CABLEVISION permits any person who is A legally qualified candidate
for any public office to employ the facilities�of its system, or originate and dis-
seminate political campaign material, it shall afford equal opportunities to all
other such candidates for the same office to use such facilities to originate and
disseminate any views concerning a controversial issue of public importance and
shall afford reasonable opportunity for the presentation over its facilities of
contrary points of view. CABLEVISION shall be guided by, and its decisions shall
be consistent with those of the FCC under similar provision of the Communications
Act of 1934 as amended, and of policies established by the FCC.
SECTION 15 - PERFORMANCE BOND
CABLEVISION shall maintain, with the City, a bond with a surety company
licensed to do business in Florida with corporate surety satisfactory to such
authority in the amount of $25,000.00. The conditions and terms of said bond
shall be as follows:
I. The satisfactory operation of the cable system in accordance
with the provisions of this Franchise.
2. The indemnity of the City in accordance with the provisions of
this Franchise.
3. The satisfactory removal of its system in accordance with the
provisions of this Franchise.
4. The satisfactory restoration of pavements, sidewalks and other
improvements in accordance with the provisions of this Franchise.
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SECTION 16 - SERVICE INTERRUPTIONS
In the event CABLEVISION's service to any subscriber is interrupted for
twenty-four (24) or more consecutive hours for reasons other than an Act of
God, CABLEVISION will grant such subscriber a pro -rated credit or rebate. It
is the responsibility of the customer to notify the cable operator of any service
interruption.
SECTION 17 - PLACEMENT OF WIRES AND OTHER EQUIPMENT
(a) In all sections of the City where the cables, wires or other facilities
of all public utilities are placed underground, CABLEVISION shall place its cables,
wires or other like facilities underground to the maximum extent that cost and
existing technology, as determined by the City, reasonably permit CABLEVISION
to do so. In the event that the City may, in the future, require public utilities
to further place .their cables, wires or other facilities underground in areas presently
served aerially, CABLEVISION shall also place its cables, wires or other like
facilities underground without expense or liability to the City or direct charge
to the subscribers. .
(b) CABLEVISION shall have authority, with the concurrence of the City,
to trim trees upon and overhanging streets, alleys, sidewalks and public ways
and places of the City so as to prevent the branches of such trees from coming
in contact with the wires, cables and equipment of CABLEVISION.
SECTION Ig - OPERATION. SERVICE AND MAINTENANCE OF SYSTEM
(a) CABLEVISION shall maintain and operate a modern CATV System and
render efficient service consistent with all applicable regulations to subscribers
during the term of this Franchise. The construction, maintenance and operation
of the CATV System for which this Franchise is granted shall be done in conformance
with OSHA, the National Electrical Code, the National Electrical Safety Code,
the National Television Standard Code and the rules and regulations of the FCC
as the same exist or as same may be hereafter changed or amended. Further,
CABLEVISION shall install and maintain its wire, cable, fixtures and other equipment
in such a manner as shall not interfere with any installation of the City or any
public utility serving the City.
(b) All structures and all lines, equipment and connections in, over, under
and upon streets, sidewalks, alleys and public ways and places of the City, where -
ever situated or located, shall at all times be kept and maintained in a safe,
suitable, substantial condition and in good order and repair.
Mm
(c) The signal of any television, radio station or satellite carried on the
CATV System shall be carried without material degradation in quality within
the limits imposed by the FCC.
(d) CABLEVISION shall maintainea complete set of maps of the City. Such
maps shall be updated and revisions thereof submitted to the City on request.
The maps will show the location of all streets, residences, wire, cables and other
facilities used by CABLEVISION located in the City.
(e) CABLEVISION shall install an Emergency Alert System capable of
interrupting cable channels in the event of an emergency or disaster. Persons
properly authorized by the City may, when they deem it necessary, operate and
control this system from any telephone for the purpose of alerting the citizens
to any emergency. In the case of an emergency or a disaster, CABLEVISION
shall, upon request of the City or their designee, make available its facilities
to persons properly authorized by the City for emergency use during the emergency
or disaster period. The City shall be able to use all channels for emergency
or disaster purposes, consistent with FCC regulations.
(1) CABLEV15ION shall comply with all FCC regulations as they now apply
or as they may be amended regarding the carriage of television and radio signals.
(g) CABLEVISION shall, upon the written request of any person holding
a valid building moving permit issued by the City, temporarily raise or lower its
wires to permit the moving of the buildings. CABLEVISION shall be given not
less than seven (7) days advance notice to arrange for such temporary wire changes.
Cost for such services will be billed and paid for in advance of such service being
performed.
SECTION 19 - SYSTEM SPECIFICATIONS
In addition to the specifications expressly provided for in this Franchise,
CABLEVISION shall construct and maintain a cable communications system for
the City that will, at a minimum, carry the signals of any television or radio
I
station without material degradation in quality within the limits set forth by
the FCC. The cable television system shall be operated and maintained so as
TO comply with the technical standards set forth in Subpart K of the FCC's Rules
and Regulations as they apply to cable television systems.
CABLEVISION agrees that the cable system shall have a capacity of at
least thirty-five (35) channels, 300 MH within twelve months from the effective
date of Ordinance 84-0-8 and shall be maintained as a "state of the art" system
typical in the industry.
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SECTION 20 - LEASED ACCESS CHANNELS
CABLEVISION shall maintain at least one specifically designated channel
for leased access uses. In addition, other portions of its non -broadcast bandwidth,
including unused portions of the specially. designated channels, shall be available
for leased uses. On at least one of the leased channels, priority shall be given
to part-time users.
CABLEVISION shall provide unused channel capacity on a non-discriminatory,
first -come, first -serve basis for leased access cable -casting to any person, group,
organization or entity upon the filing of an appropriate request therefor.
CABLEVISION shall establish operating rules, subject to the approval of
the City, which shall govern the operation of the leased access channels. These
rules shall prohibit the presentation of lottery information, except as specifically
permitted by FCC Rules. In addition, these rules shall require adequate sponsorship
indentification whenever an access channel user presents any matter for which
he receives money, services or other valuable consideration. It is still premature
to specify the rates that will be charged to'users of the leased access channels.
However, when such rates are finalized, based on experience gathered from the
actual operation of the leased channels, such rates shall be fair and reasonable.
SECTION 21 - LOCAL ACCESS CHANNEL
CABLEVISION shall provide a local access channel which channel shall
be available for educational, public service and civic organization broadcasts.
SECTION 22 - SIGNAL CARRIAGE
CABLEVISION shall carry all signals mandated by the FCC and in addition
it will carry a variety of off -air, satellite and microwave delivered signals and
services available now or in the future.
CABLEVISION shall also carry selected FM stereo signals.
SECTION 23 - COMPANY SERVICES
CABLEVISION shall provide at least the following services:
A. Standard Installation
Standard installation consisting of an aerial drop, not exceeding one
hundred fifty (150) feet, from a single pole attachment to the customer's residence.
Drops in excess of one hundred fifty (150) feet, concealed wiring, and all under-
ground drops shall be charged according to the rate schedule.
B. Project Prewiring
(1) CABLEVISION shall provide service to prewired projects according
to the terms and conditions and at such rates provided in the rate schedule.
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(2) CABLEVISION shall prewire and approve methods and materials,
supply specifications, technical assistance, and material according to the rate
schedule.
(3) CABLEVISION shall prewire a project upon request according to
rate schedule.
C. Deposits
CABLEVISION may require a deposit for converters, materials and services
according to the rate schedule as it may be amended from time to time by
CABLEVISION.
D. Additional Outlets
CABLEVISION shall provide additional outlets, as customers may request,
according to the rate schedule.
E. Transfers
When a current customer moves from one address within the franchised
area to a second address within the franchised area and there is no lapse in service,
CABLEVISION shall transfer service at a rate according to the rate schedule.
F. Reconnection
CABLEVISION shall restore service to customers wishing restoration
of service provided the customer shall first satisfy any previous obligations owed.
G. Relocation or Extension of Cable
Men a current customer requests that an extension or relocation of
said customers cable service be made, CABLEVISION shall do so according to
the rate schedule.
H. Service Calls
CABLEVISION shall provide CATV system repair service to customer's
premises to test and repair service.
SECTION 24 - COMPLAINTS LOCAL OFFICE
A. CABLEVISION shall maintain a business office in the Edgewater area,
with a toll -free number, and a twenty-four (24) hour answering service, which
subscribers may call without incurring added message or toll charges, so that
prompt maintenance service shall be available.
B. Upon reasonable notice, CABLEVISION shall expeditiously investigate
and resolve complaints regarding the quality of service, equipment and malfunctions
and similar matters.
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C. CABLEVISION shall normally respond to all service calls within twenty-
four (24) hours, and correct malfunctions as promptly as possible after discovery
thereof. For these purposes, CABLEVISION shall maintain a competent staff
of employees sufficient to provide adequate and prompt service to its subscribers.
D. Upon request of the City, CABLEVISION shall, within ten (10) days
after receiving such a request, send a written report to the City, with respect
Such a report shall provide a full explanation of the investi-
gations, findings and corrective steps taken.
E. Except where there exists an emergency situation necessitating a more
expedited procedure, CABLEVISION may interrupt service for the purpose of
repair or upgrading of the cable communications system, only during periods of
minimum use.
F. Should a subscriber have an unresolved complaint regarding cable tele-
vision operations, the subscriber shall be entitled to file his complaint with the
City, which shall have primary responsibility for the continuing administration
of the Franchise and the implemenwion of complaint procedures. The subscriber
shall thereafter meet jointly with the Cityor its designee, and a representative
of CABLEVISION, within thirty (30) days of the subscriber's filing of his complaint,
to fully discuss and resolve the matter. CABLEVISION shall notify each new
subscriber at the time of initial subscription to the cable service of the procedures
for reporting and resolving such complaints.
SECTION 25 - COMPANY RULES AND REGULATIONS
CABLEVISION shall have the authority to promulgate such rules, regulations,
terms and conditions governing the ronduct of its business as shall be reasonably
necessary to enable CABLEVISION 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 conditions
shall not be in conflict with the provisions hereof or applicable State and Federal
laws, rules and regulations.
SECTION 26 - COOPERATION WITH DESIGNATED REPRESENTATIVES
CABLEVISION agrees to cooperate with any designated representative of
the City in all matters concerning the operation of the cable system in the City
of Edgewater.
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SECTION 26 - COOPERATION WIT&DESIGNATED REPRESENTATIVES
CABLEVISION agrees to cooperate with any designated representative of
the City in all matters concerning the operation of the cable system in the City
of Edgewater.
SECTION 27 - FRANCHISE FEE
(a) CABLEVISION shall pay to the City a 3% franchise fee permitted by
the FCC Rule to effect during the period for which payment is being made.
The fee shall be calculated on revenue derived by CABLEVISION from all cable
services in the franchise area, including but not limited to subscriber service
monthly fees, pay cable fees, installation fees and leased channel fees.
In the event the FCC removes its ceiling regulations, and ceiling regulations
are not imposed by any other agency, the franchise fee paid by CABLEVISION
to the City shall not be more than 5% of gross subscriber revenue. Increases
of said fee above the previous 5% shall be subject to renegotiation and mutual
agreement between the parties. Of-this-ent4e-agreement. *
(b) The franchise fee shall be paid gudFteFfy semi-annually to the City Clerk's
office and CABLEVISION shall file and complete an accurate verified statement
of all service receipts within the City during the period for which said semi-
annual payment is made, and said payment shall be made to the City not later
than.sixty (60) days after the expiration of the calendar period for which payment
is due.
(c) The City shall have the right to inspect CABLEVISION's income records
and the right to audit and recompute any amounts that may be determined to
be payable under this franchise; provided, however, that such audit shall take
place within thirty-six (36) months following the close of each o1 CABLEVISION's
fiscal years. Any additional amount agreed upon by the parties and therefore
due to the City as a result of the audit shall be paid within thirty (30) days
following written notice to CABLEVISION by the City, which notice shall include
a copy of the audit report.
SECTION 29 - AVAILABILITY OF BOOKS AND RECORDS
CABLEVISION shall fully cooperate in making available at reasonable times,
and the City shall have the right to inspect the books, records, maps, plans'and
other like materials of CABLEVISION applicable to the Edgewater City System
at any time during normal business hours; provided where volume and convenience
necessitate, CABLEVISION may require inspection to take place on CABLEVISION's
premises.
* Deleted items have been fined-threugk and new language underscored.
SECTION 29 - TRANSFER AND ASSIGNMENT
The Franchise, or control thereof, shall not be transferred or assigned
without the prior written consent of the City, and a hearing within thirty (30)
days. Such consent shall be given only after a hearing upon a written application
therefor on forms to be prescribed by the City. The application for consent
to a transfer or assignment shall be signed by CABLEVISION and by the proposed
transferree or assignee or by their representatives, evidence of whose authority
shall be submitted with the application form.
SECTION 30 - REVOCATION OF FRANCHISE
The franchise issued hereunder may, after hearing, be revoked by the City
for any of the following reasons:
(a) For failure to file and maintain a bond or to maintain insurance as
required by this franchise.
(b) For repeated failure to colrect violations of this franchise after formal
written notice has been served upon CABLEVISION.
(c) For repeated failure to maintain signal quality under the standards
provided for by the FCC and this franchise.
(d) For any transfer or assignment of a franchise or control thereof without
consent of the City, as required by this franchise.
SECTION 31 - PRIVACY AND RIGHT OF INFORMATION
CABLEVISION shall not make available to any third party, including the
City, information concerning the viewing habits of any individual subscriber or
subscriber -households without the prior written consent of the subscriber.
CABLEVISION shall provide written notice to each subscriber or subscriber -
household, and only after written permission has been granted by the subscriber
will equipment be installed on the system which would permit the recording or
monitoring of individual viewing habits.
The requirements of this section shall not prohibit the City or their designee.
from obtaining from CABLEVISION's general demographic and market data any
information on number of subscribers.
CABLEVISION shall not make subscriber lists available to a third party
other than as required to conduct the normal business operations of the system.
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SECTION 32 - EQUAL OPPORTUNITY
CABLEVISION shall be an Equal Opportunity Employer and, pursuant to
47 CFR S76.311 and other applicable regulations of the FCC, must file an Equal
Employment Opportunity. Program with the FCC and otherwise comply with the
FCC Regulations with respect to Equal Employment Opportunities. A copy of
said program shall also be filed with the City. CABLEVISION shall take affirmative
steps to avoid discrimination and, to the extent practicable, encourage training
and employment of minority personnel.
SECTION 33 - FRANCHISE RENEWAL
CABLEVISION may apply for renegotiations of the Franchise no earlier
than thirty-six (36) months prior to the date of expiration nor not less than twenty-
four (24) months from the date of expiration. The City must act on the application
within twelve (12) months of its filing.
The application shall be adequate and in a form acceptable to the City
and shall include the applicant's present name, business address, business form,
operational record, including types of service and operation, technical standards
and any proposed amendments.
The City may grant renewal unless it finds:
(a) CABLEVISION has not substantially complied with the material terms
of the Franchise.
(b) There has been a material change in the legal, technical, or financial
qualifications of CABLEVISION that would substantially impair the continued
provision of service by the operator;
(c) The signal delivered by the cable system within the control of the
operator generally has not met FCC technical standards;
(d) The facilities to be provided by the operator are unreasonable in light
of community need for and cost of such facilities; or
(e) The proposals contained in the renewal application are otherwise un-
reasonable.
SECTION 34 - FRANCHISE TERRITORY
A. The Franchise is for the present territorial limits of the City of Edgewater,
and for any area henceforth added thereto during the term of this Franchise.
B. The Grantee shall be obligated to make cable service available to all
dwelling units in the City, at standard installation and service rates, subject to
only the following exceptions:
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I. Areas located in the City,with a density of fifty (50) dwelling units
per contiguous aerial cable mile, or sixty (60) dwelling units per contiguous under-
ground cable mile, shall be provided with cable television service within ninety
(90) days after service is requested.
2. The service need not be available at standard installation rates where
there is a dwelling unit density of less than fifty (50) per contiguous aerial cable
mile, or sixty (60) per contiguous underground cable mile.
Any potential subscriber(s) in an area of less than fifty (50) dwelling
units per contiguous aerial cable mile, or less than sixty (60) dwelling units per
contiguous underground cable mile, may receive cable service upon payment of
an installation charge equal to the actual cost per subscriber of extending the
cable plant to provide service, less the cost CABLEVISION would have incurred
per subscriber had the density been fifty (50) dwelling units per contiguous aerial
cable mile, or sixty (60) dwelling units per contiguous underground cable mile.
C. Within twelve U2) months of the effective date of Ordinance No. 84-0-8
CABLEVISION shall extend the systems and lines to the following areas:
1. Wildwood
2. Village Green
3. Edgewater Park Apartments
4. Florida Shores -As amended by letter dated 5/31/84 from
Michael Lisman,Vice President of Operations, Cablevision
Industries, by refence incorpo1rated herein as if fully set forth
ib
forth and attachreed as Exhit .
SECTION 35 - RIGHT OF CONDEMNATION
Nothing in the Franchise shall limit any rights that the City may have
under applicable law to acquire by condemnation any property of CABLEVISION
provided, however, that any such acquisition shall be for a cash price that values
the property at fair market value.
SECTION 36 - SEVERABILITY
If any section, paragraph, term or provision of this Franchise is determined
to be illegal, invalid or unconstitutional by any Court of competent jurisdiction
or by any State or Federal regulatory agency having jurisdiction thereof, such
determination shall have no effect on any other section, paragraph, term or provision
hereof, all of which will remain in full force and effect for the term of the Franchise
or any renewal or renewals thereof.
Deleted items have been kned-threugh and new language underscored.
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SECTION 37 - This Franchise shall become effective immediately upon execution
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and official seals on the day and year first above written.
CABLEVISION INDUSTRIES OF CENTRAL FLORDA, INC.
CITY COUNCIL
CITY OF EDGEWATER, FLORIDA
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Councilmad- one Thr e�
Cou c man��our
Attest:
City