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<br />November 3, 1994 regarding PEG access
<br />funding, creation of a "PEG Fee" and certain
<br />rate r!l!lulatory issues.. . .
<br />r, "North Suburbs Access Corooration" ,
<br />means that c;ertain non-profit Corporation or its
<br />lawful successor, designee, or assignee,
<br />which is delegated authority and responsibility
<br />for providing certain community programming
<br />functions including public access.
<br />s. "North Suburban Svstem" means the
<br />Cable System located in those municipalities
<br />collectively comprising the North Suburban
<br />Cabl.e Service territory as originally approved
<br />by the Minnesota Cable Communications
<br />Board.
<br />t. . 'Pay Television" means the delivery
<br />over the System of pay.per-channelor pay-
<br />per-program audio-visual signals to
<br />Subscribers for a fee or charge, in addition to
<br />the charge for Basic Cable .Service or Cable
<br />Programming Services.
<br />u. "~" is any person, firm,
<br />partnership, association, corporation,
<br />company, or other legal entity.,
<br />v. "~" means the Proposal for
<br />Franchise Renewal dated May 13, 1997,
<br />submitted to the North Suburban Cable
<br />Communications Commission by Group '. W
<br />Cable of the North Suburbs, Inc" as ame.nded
<br />by the revised Renewal Proposal submitted
<br />under cover letter dated August 4, 1997, and
<br />related correspondence and prior agreements
<br />or resolutions which are attached hereto as
<br />exhibit A.
<br />w. ~Right"of-Way" or "Riahts-ot-Wav"
<br />means the area on, below, or above any real
<br />property in City in which the City has an
<br />interest including, but not limited. to any street,
<br />road, . highway, alley, sidewalk, parkway, park,
<br />skyway, or any other place, area, oneal
<br />property owned by or under the control of
<br />City, including other dedicated Rights-of-Way
<br />for travel purposes and utility easements.
<br />x. "Right-of-Wav Ordinance" meafls the
<br />ordinance codifying requirements regarding
<br />regulation, management and use of Rights-of-
<br />Way in .City, including registration and
<br />permitting requirements.
<br />y. "Standard Installation" means any
<br />residential installation which. can be
<br />completed using a Drop of 25.0 feet or less.
<br />z. "SubsCriber" means any Person who
<br />lawfully receives service via the system; In the
<br />case of multiple office buildings or multiple
<br />dwelling units, the "Subscriber" means the
<br />lessee, tenant or occupant.
<br />SECTION 2.
<br />GRANT OF AuTHORITY AND
<br />GENERAL PROVISIONS.
<br />1. Grant of Franchise. This Franchise is
<br />granted pursuant to the terms and conditions
<br />contained herein. Grantee shall comply with
<br />SECTION 1. all provisions of its Proposal, which is
<br />SHORT TITLE AND DEfINITIONS expressly incorporated herein by reference,
<br />Failure of Grantee to provide a SYstem as.
<br />1. Short Title. This Franchise Ordinance described in its Proposal, or meet obligations
<br />shall be known and cited as the Cable I
<br />and comply with all provisions therein, shal
<br />Franchise Ordinance. be deemed a violation of this Franchise.
<br />2. . Definitions. For the purposes of this 2. Grant of Nonexclusive Authoritv.
<br />Franchise, the following terms, phrases, a. The Grantee shall have the right and
<br />words, and their derivations shall have the privilege, subject to the permitting and other
<br />meaning given herein. When not inconsistent lawful requirements of City ordinance, rule or
<br />with the context, words in the singular number procedure, to construct, erect, and maintain,
<br />include the plural number. The word "shall" is in, upon, along, across, above,. over and
<br />always mandatory and not merely directory. under the Rights-of-Way in City a Cable
<br />The word "may" is, directory and discretionary System and shall have the right and privilege
<br />and not mandatory. to provide Cable Service. The System
<br />a. "Basic Cable Service" means any constructed and maintained by Grantee or its
<br />service tier which Includes the lawful agents shall not interfere with other uses of
<br />retransmission of .Iocal television broadcast the Rights-of-Way. Grantee shall make use of.
<br />signals and any public, educational, and existing poles and other above and below
<br />governmental access programming required facilities available to Grantee to the extent it is
<br />by the Franchise to be carried on the basic . I f 'bl d
<br />tier. Basic Cable Service as defined herein technically and economica Iy . easl e to 0
<br />
<br />shall not be inconlllstent with 47U.S.C. B so. b. Notwithstanding the above grant to
<br />543(b)(7). use Rights-of-Way, no Right-of-Way sh~1I be
<br />b. "~" means City of Mounds View, a used bv Grantee if City detE\rmines that such
<br />municipal corporation, in the State of use is inconsistent with the terms, conditions,
<br />Minnesota, acting by and through its City qr provisions by which such Right-of-Way W$8
<br />Council, or its lawfUlly appointed des~~~ rj 'createt:l or dedicated, or with the present use
<br />c. "City .Council" means ~he governi~g, . of the Right-of-way. .
<br />body of the. City. ' 'f!' :~~.r" c. This Franchise shall be nonexclusive,
<br />
<br />thl~ Franchise or other requirement, G~
<br />shall immediately . provide written notice of
<br />suCh question, including Grantee's proposed
<br />interpretation, to the City with copy to the
<br />North SubUrban Cable Cornmunications.
<br />COmmission, in accordance with Section 2:9. .
<br />The City or Comm.isslim-shall provide a
<br />written response within fourteen (14) days of
<br />receipt indicating how the requiren'lents cited
<br />by Grantee apply. Grantee may proceed in
<br />accordance with its proposed interpretation In
<br />the event a written response is not received
<br />within seventeen (17) days of mailing or
<br />delivering such written question.
<br />7. Rules of Grantee. The Grantee shall
<br />haVe the authority to promulgate such rules,
<br />regulations, terms and conditions governing
<br />the. conduct of Its business as shall be
<br />reascnably necessary to enable said Grantee
<br />to exerci~e its rights and perform its
<br />obligations under this Franchise and to assure
<br />uninterrupted service to. each and all of its
<br />Subscribers; provided that. such rules,
<br />regulations, terms and conditions shall not be
<br />in conflict with provisions hereto,the rules of
<br />the FCC, the laws .of the State of Mlnnescta,
<br />City, or any other body having lawful
<br />juriSdiction.
<br />8. . Territorial Area .Involved. This Franchise
<br />is granted for the corporate boundaries of
<br />City,' as it exists from time to time. In the event
<br />of annexation by City, or as development
<br />occurs. any new territory shall become part of
<br />the territory for which this Franchise is
<br />granted provided, however, that Grantee shall
<br />not be required to extend service beyond Its
<br />present System boundaries unless there is a
<br />minimum of 50 homes per cable mile for
<br />underground plant and 35 homes per cable
<br />mile for overhead plant. Access to cable
<br />service shall not be denied to any group of
<br />potential residential cable Subscribers
<br />, because of the income of the residents of the
<br />area in which s.uch group resides. Grantee
<br />shall be given a reasonable period of time to
<br />construct and activate cable plant to service
<br />.annexed or newly developed area but in no
<br />event notto exceed twelve (12) months from
<br />notice thereof by City to Grantee and
<br />qualification pursuant to the density
<br />. requirements of this Subsection 8. .
<br />9. Written Notice. A.II notices, reports,. or
<br />demands required to be given in writing under
<br />. this Franchise shall be deemed to be given
<br />when delivered personally to any officer of
<br />Grantee' or City's Administrator of this
<br />Franchise or forty-eight (48) hours after it is
<br />.deposited' in the United States mail in a
<br />sealed envelope.. with registered or certified
<br />mail postage prepaid thereon. addressed to
<br />the party to whom notice Is being given, as
<br />follows:
<br />If to City:
<br />City of Mounds View
<br />2401 Highway 10
<br />Mounds View, Minnescta 55112
<br />Attention: City Manager/Administrator
<br />With copies to:
<br />North Suburban
<br />Communications Commission
<br />950 Woodhill Drive
<br />Roseville, MinnEl$Ota55113
<br />And to:
<br />Thomas D. Creighton, Esq. and Robert
<br />:I. V. Vose, Esq. .
<br />Bemick and Lifson, P.A.
<br />5509 Wayzata Bouievard, Suite 1200
<br />MinneapoliS, Minnesota 55416
<br />If to Grantee:
<br />General Manager
<br />MediaOne
<br />950 Woodhill Drive
<br />Roseville, Minnesota 55113
<br />With copies to:
<br />John F. Gibbs, Esq.
<br />Robins, Kaplan, Miller & Ciresi, LLP.
<br />2800 laSalle Plaza
<br />800 laSalle Ave. So.
<br />Minneapolis, Minnesota 55402
<br />Such addre.sses may be changed by
<br />either party upon J)CItice to /he otIllll',party given
<br />as orovided in this Section.
<br />
<br />ORDINANCE NO. 621
<br />AN ORDINANCE GRANTING A
<br />FRANCHISE TO MEDIAONE NORTH
<br />CENTRAL COMMUNICATIONS.CORP. TO
<br />CONl)TRUCT, OPERATE. AND MAINTAIN. A'
<br />CABLE C.OMMUNICATIONS SYSTEM IN
<br />THE CiTY OF MOUNDS VIEW; SETTING
<br />FORTH CONDITIONS ACCOMPANYING
<br />THE GRANT OF THE FRANCHISE;
<br />PROVIDING FOR REGULATION AND.USE
<br />OF THE. SYSTEM AND THE PUBLIC
<br />RIGHTS;.QF-WAYIIN CONJUNCTION WITH
<br />THE CITY'S RIGHT-OF-WAY ORDINANCE,
<br />IF ANY, AND PRESCRIBING PENALTIES
<br />FOR THE VIOLATION OF THE PROVISIONS
<br />HEREIN;
<br />The City Council of the City of Mounds View
<br />ordains: "
<br />STATEMENT OF INTENT 'AND PURPOSE
<br />- The City intends, by-th~, adoption of this
<br />Franchise, to .bring about the further
<br />development of a Cable System. and the
<br />continued operation of it. Such development
<br />can contribute significantly to. the
<br />communication needs .and desires of the
<br />resld.ents . and citizens of the City and the
<br />public generally. Further, the C.ity may achie~e
<br />better utilization and improvement of public
<br />services' and enhanced economic
<br />d.evelopment with the development and
<br />operation of a Cable Communication System.
<br />Adoption of this Franchise ill, In the judgment
<br />of.the Council, in the best interests of the City'
<br />and its residents.
<br />FINDINGS
<br />In the review of the request and proposal for
<br />renewal by Grantee and negotiations related
<br />thereto, and as. a result of a public hearing,
<br />the City CoLincil makes the following findings:
<br />1.' The Grantee's techl)ical ability, financial
<br />Condition, legal qual/fications, an!! character
<br />were considered and approved in a full public
<br />proceeding after due notice and a reasonable
<br />opportunity to be heard;
<br />2. Grantee's plans for constructing,
<br />upgrading, and operatinQ the System were
<br />considered and found adequate and feasible
<br />In a full public proceeding after due-notice and
<br />a reasonable opportunity to be heard; .
<br />3. The Franchise granted to.Grantee by the
<br />City complies with the existing applicable
<br />Minnesota Statutes, federal laws. a,nd
<br />regulations; and
<br />4. The Franchise granted to Grantee is
<br />nonexclusive.
<br />
<br />Cable
<br />
<br />. rnsn..lC8 comply with the reasonable and lawful
<br />standards and specifications of City.
<br />d. The .Grantee shall not place poles, .
<br />conduits, or other fixtures of System above or
<br />below ground where the same will interfere
<br />Will';cany gas,electric, telephone, water or other
<br />utility fixtures and all such pOles, conduits, or'
<br />other fixtures placed in any Right-of-Way s/:1a11
<br />be so placed as to comply with all reasonable
<br />and lawful requirements of City.
<br />e. The Grantee shall, upon request of any
<br />Person holding a moving permit issued by City,
<br />temporarily move its wires or fixtures to permit
<br />the moving of buildings with the expense of
<br />such temporary removal to be paid by the
<br />Persen requesting the ~e, and the Grantee
<br />shall .be given not less than ten (10) days
<br />advance written notice to arrange for such
<br />temporary changes. .
<br />1. The Grantee shall have the authority to
<br />trim any trees upon and overhanging the
<br />Rights-of-Way of City so. as to prevent the
<br />branches of such trees from coming incontact
<br />with the wires and cables or other facilities of
<br />the Grantee.
<br />g. Grantee shall use its best efforts to
<br />give reasonable prior notice to any adjacent
<br />" private property owners who. will be negatively
<br />affected or impacted by Grantee's work in the
<br />Rights-of-Way. ~
<br />4.. UnderaroundinQ of Cable. Unless
<br />otherwise. required by action of City Council,
<br />Grantee must placa newly constructed flIcilities
<br />underground in areas of City where all other
<br />utility lines are placed underground. Amplifier
<br />boxes and pedestal mounted terminal boxes
<br />may be placed above ground if existing
<br />technology reasonably requires, but shall be of
<br />such. size and design and shall be so located
<br />as not to be unsightly or unsafe, all pursuant to
<br />plans .submitted with grantee's permit
<br />appllcation(s) and approved by City.
<br />5. Installation of Facilities. No poles.
<br />conduits, amplifier boxes, pedestal mounted
<br />terminal boxes, similar structures, or other
<br />wire-holding structures shall be erected or
<br />installed by the Grantee without required
<br />permit of City,
<br />6. Safety Reauirements.
<br />a.. The Grantee shall at all times employ
<br />ordinary and reascnable ciare and shall install
<br />and maintain in use nothing less than
<br />commonly accepted methods and devices for
<br />preventing failures. and accidents which are
<br />likely to cause damage or injuries. '
<br />b. The Grantee shall install and maintain
<br />its System and other equipment in accordance
<br />with City's codes and .the requirements of the
<br />National Electric Safety Code and all other
<br />applicable FCC, state and local regulations,
<br />and in such manner that they will not interfere
<br />with City communications technology related to
<br />health, safety and welfare of the residents.
<br />c. ,All system structures, and line.s,
<br />equipment and connections in, over, under am!
<br />upon the Rights-of-Way of City, wherever
<br />situated or located. shall at all times be kept
<br />and maintained in good condition, order, and
<br />repair so that the same shall not menace or
<br />endanger the life or property of City or any
<br />Persen.
<br />
<br />SECTION 4.
<br />DESIGN PROVISIONS
<br />1. System Upgrade' Minimum Channel
<br />~.' .
<br />a. Grantee shall develop, construct and
<br />operate for the term of this Franchise a System
<br />providing 750 MHz capacity and which is fully
<br />aclM!ted with the capability of delivering to all
<br />Subscribers capable of receiving them a
<br />minimum of up to 81 .video programmed
<br />channels. Construction will be completed aod
<br />channels activated as described in Exhibit C
<br />attached. - . r
<br />b. The System will utilize a hybrid fiber-
<br />coaxial architecture as detailed in the Proposal.
<br />In addition, th!l System will be designed with
<br />the capability to transmit return signals
<br />upstream in the 5 - 40 MHz spectrum which
<br />shall be activated as Commercial Need
<br />dlct~tes. Finally, iflconJunction with the
<br />. upgrade. Grantee shall replace all existing
<br />
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