HomeMy WebLinkAboutOrdinance No. O07-05ORDINANCE NO. 007-05
ORDINANCE PROVIDING FOR THE REGULATION OF CITY
RIGHTS-OF-WAY AND TO REGULATE THE INSTALLATION AND OPERATION OF
CABLE TELEVISION SYSTEMS IN THE CITY OF LAUREL, MONTANA.
WHEREAS, the City of Laurel possesses the authority to regulate both its right-of-ways
and to issue franchises in accordance with its general powers pursuant to Article XI of the
Montana Constitution and Montana Code Annotated § 7-1-4123 (8); and
WHEREAS, the City Council desires to regulate the provision of cable television services
within the jurisdiction of the City;
Based upon the above, the City Council of the City of Laurel hereby ordains as follows:
5.52.010 GENERAL AUTHORITY
It is unlawful to engage in or commence construction, operation or maintenance of a cable
communications system without a City Council approved franchise agreement negotiated and
approved under this chapter. The Council may, by resolution, approve a nonexclusive franchise
agreement to construct, operate and maintain a cable communications system within all or any
portion of the City to any person, whether operating under an existing franchise or not. Any
franchise agreement for the construction, maintenance and operation of a cable television system
using the public streets, utility easements, other public right-of-ways or places shall conform to
the provision of this chapter.
5.52.020 DEFINITIONS
For the purposes of this Ordinance, the following terms shall have the meaning provided herein as
follows:
"City" means the City of Laurel, a municipal corporation in the State of Montana.
"Franchise Agreement" means the non-exclusive authorization approved by the City Council for
the privilege to construct, operate and maintain a cable television operating system in the City of
Laurel.
"City Council" means the goveming body of the City of Laurel.
"Grantee" means a company, corporation, partnership or other entity who has obtained a City
Council approved Franchise Agreement.
"Street" means the surface of and the space above and below any alley, court, drive, freeway,
highway, lane, parkway, path, public utility easement, public street, right-of-way, road, or
sidewalk currently existing, constructed, obtained or granted in the future.
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"Property of Grantee" means all property owned, installed or used by the Grantee in the operation
and maintenance of a cable television operating system in the City under the authority of a
Franchise Agreement approved by the City Council.
"Federal Act" means the Communications Act of 1934 (47 U.S. 151 et seq.) as amended by the
Communications Policy Act of 1984, the Television Consumer Competition Act of 1992 and the
Telecommunications Act of 1996.
"Cable Communications System" means infrastructure composed, without limitations, antennae,
cables, wires, optical fibers, lines, towers, wave guides, laser beams, microwave systems, satellite
dishes, or any other conductors, converters, equipment or facilities designed, constructed or wired
for the purpose of producing, receiving, amplifying or distributing, by coaxial or fiber cable,
audio and/or visual radio, television, data, electronics or electrical signals to and from persons,
subscribers and to current and future locations within the City of Laurel.
"Subscriber" means any person, business or other entity receiving for any purpose the television
or video programming or data of the Grantee within the City of Laurel.
"Gross Revenues" means the grantee's gross revenues from all sources as defined in 47 U.S.C. §
542 or as otherwise defined in an approved Franchise Agreement.
5.52.030 GRANT OR APPROVAL OF FRANCHISE AGREEMENT
The City may by Resolution of the City Council grant a right and privilege to construct, erect,
operate and maintain in, upon, along, across, above, over, and under the streets, rights-of-way and
public places as now laid out or dedicated, and all extensions thereof, and additions thereto, in the
City of Laurel, wires, fiber, cable, underground conduits, manholes, and other video services
conductors and fixtures and to attach the same to the utility poles of the City as necessary for the
maintenance and operation in the City of a Cable Communications System for the interception,
sale and distribution of television and radio signals. The Franchise Agreement shall contain all
necessary terms including but not limited to, length or duration, termination, insurance, bonding,
etc.
5.52.040 NON-EXCLUSIVE GRANT
The approval of a Franchise Agreement, in the same or other streets, rights-of-ways and public
places as permitted under the Federal Act and regulations there-under, or any of the provisions
contained herein, shall not be construed to prevent the City from granting an identical or similar
franchise to any person, business, partnership, corporation or other entity other than the
franchisee, including the fights, privileges or authority, similar to or different from, the rights,
privileges or authority set forth herein or as set forth in a Franchise Agreement approved under
this ordinance.
5.52.050 USES PERMITTED BY GRANTEE
The City may authorize a Grantee through an approved Franchise Agreement to engage in the
business of operating and providing a cable communications system in the City, and for that
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purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public right-of-way and to attach the same to the utility poles
of the City, such wires, fiber, cable and conductors, ducts, conduit, vaults, manholes, amplifiers,
appliances, attachments and other property as may be necessary and appurtenant to the Cable
Communications System. The Grantee may use, operate and provide similar facilities or
properties rented or leased from other persons, firms, corporations or other entities including but
not limited to any public utility or other grantee franchised or permitted to do business in the City.
The authority in this Section granted shall be subject to the advice, direction and consent of the
Mayor.
5.52.060 FRANCHISE FEE IMPOSED
A Franchise Fee of five percent (5 %) of the Grantee's gross revenues is hereby imposed upon the
conduct of the Grantee's Cable Communications System within the City. The City reserves the
right to increase the Franchise Fee within the limitations prescribed by the Federal Act and the
FCC Regulations issued under the Federal Act. Any change in the Franchise Fee Rate or the
revenue on which such fee is based shall be accomplished by amendment to this Ordinance and
through a modification of existing Franchise Agreements. The City shall have the right to inspect
all the Grantee's records regarding the gross receipts from which its franchise fee is computed
and the right to audit and recalculate any and ail amounts paid under this Ordinance. Acceptance
of a payment by the City from the Grantee shail not be construed as a release of or as an accord
and satisfaction of any claim the City may have for further and/or additional sums payable under
this Ordinance for the performance of any obligations hereunder. Should such audit and
recalculation result in a refund due Grantee, the refund shall not be paid directly to Grantee, but
instead shall be applied as a credit against future franchise fees due the City from Grantee.
5.52.070 CONDITIONS OF RIGHT-OF-WAY AND STREET OCCUPANCY
Whenever a street, sidewalk, alley, public way, right-of-way or paved area is disturbed by the
Grantee in its endeavor to construct, reconstruct or maintain infrastructure related to the Cable
Communications System within the City, the Grantee shall, at its own expense and in a manner
approved by the City, replace and restore such street, sidewalk, alley, pubic way, right-of-way or
paved area in as good of condition as before the work involving such maintenance, construction
or reconstruction took place. The City reserves the right to require bond, require minimum
construction standards, inspect and approve all areas in which such work is being conducted or
areas in which such work has been completed, as further provided in an approved Franchise
Agreement.
5.52.080 FEDERAL REGULATION
Grantee shall comply with ail applicable federal laws, rules and regulations in effect as of the date
of this Ordinance. Any modifications resulting from amendment of the Federal Act or the
regulations thereunder shall be incorporated into this Ordinance and Franchise Agreement, if
necessary, as of the date such modification or amendment becomes obligatory under FCC
regulations, or in the event no obligatory date is established, within one (1) year of adoption or at
the time of franchise renewal, whichever occurs first. Notwithstanding any limitations herein, the
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City may exercise any further authority granted the City by any change in the federal statutes
and/or regulations by amendment of this Ordinance.
CODIFICATION INSTRUCTION: This Ordinance shall repeal and replace Laurel
Municipal Code Ordinance 5.52 in its entirety.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approval by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on this
17th day of Apr±l ,2007, by Council Member Stamper
PASSED and ADOPTED by the Laurel City Council on second reading this 21st day of
August ,2007, upon motion of Council Member Mace
APPROVED BY THE MAYOR this 21st day of August ,2007.
Kpeth E. Olson, Jr., Ma~or
ATTEST:
Mary K. En~eton, Clerk-Treasurer
Elk River Law Office, P.L.L.P.
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