10. Title 43.015.
BUSINESS AND OCCUPATION
CHAPTER 43
CABLE COMMUNICATION AND TELEVISION SYSTEMS
43.005.
Intent
43.010.
Title
43.015.
Definitions
GRANT OF FRANCHISE
43.020.
Grant
43.025.
Franchise Required
43.030.
Establishment of Franchise Requirements
43.035.
Franchise Area
43.040.
Use of Public Streets and Ways
43.045.
Duration
43.050.
Franchise Nonexclusive
43.055.
Franchise Applications
43.060.
Grant Procedure
43.065.
Transfer of Ownership and Control
43.070.
Franchise Renewal
43.075.
Police Powers
43.080.
Franchise Fee
43.085.
Forfeiture or Revocation
43.090.
Procedures in the Event of Termination or Expiration
43.095.
Receivership and Foreclosure
43.097.
Abandonment or Removal of Franchise Property
43.100.
Franchise Processing Costs
REGULATION OF FRANCHISE
43.105.
Regulatory Authority
43.110.
Regulatory Responsibility
43.115.
Public Usage of the System
43.120.
PEG Access Facility Management
43.125.
Reservation by Grantor
43.130.
Rates
43.135.
Rate Change Procedure
43.140.
Annual Review of Quality of Service
43.145.
System and Services Review GENERAL FINANCIAL AND INSURANCE PROVISIONS
43.150.
Construction Bond
43.155.
Performance Bond
43.160.
Security Fund
43.165.
Indemnification
43.170.
Insurance
DESIGN AND CONSTRUCTION PROVISIONS
43.175.
System Design
43.180.
Geographical Coverage
43.185.
Cablecasting Facilities
43.190.
System Construction Schedule
43.195.
Delay in Construction
43.200.
Remedies for Delay in Construction
43.205.
Provision of Service
43.210.
Undergrounding of Cable
43.215.
Extensions; Undergrounding
43.220.
Underground at Multiple-Dwelling Units
43.225.
Street Occupancy
43.230.
Construction and Technical Standards
SERVICE PROVISIONS
43.235.
Services to be Provided
43.240.
Basic Cable Service
43.245.
Basic Radio Service
43.250.
Institutional Service
43.255.
Additional Subscriber Services
43.260.
Public, Educational and Government (PEG) Access Facilities
43.265.
Cable Channels for Commercial Use
OPERATION AND MAINTENANCE
43.270.
Open Books and Records
43.275.
Records Required
43.280.
Rights of Individuals
43.283.
Privacy Compliance Reports
43.285.
Continuity of Service Mandatory
43.290.
Grantee Rules and Regulations
43.295.
Uniform and Vehicle Identification CONSUMER PROTECTION
43.300.
Requests for Cable Service and Repairs
43.303.
Minimum Consumer Protection and Service Standards
43.305.
Complaint Procedure
43.310.
Review by Grantor
43.315.
Complaint Notification
43.320.
Complaint Log
43.325.
Remedies for Violations
RIGHTS RESERVED TO THE GRANTOR
43.330.
Right to Purchase the System
43.335.
Right of Inspection of Construction
43.340.
Right of Intervention
43.345.
Right to Regulate Where Previously Prohibited
43.347.
General Reservation of Rights
FRANCHISE VIOLATIONS
43.350.
Remedies for Franchise Violations
43.355.
Remedies for Delay in Construction
43.360.
Procedure for Remedying Franchise Violations
43.365.
Force Majeure; Grantee's Inability to Perform
REPORTS
43.370.
Annual Reports
43.375.
Plant Survey Report
43.380.
Copies of Federal and State Reports
43.385.
Public Reports
43.390.
Complaint File and Reports
43.395.
Inspection of Facilities
43.400.
Public Inspection
43.405.
Failure to Report
43.410.
False Statements
43.415.
Cost of Reports
MISCELLANEOUS PROVISIONS
43.420.
Compliance with State and Federal Laws
43.425.
Separability Non-Material Provisions
43.430.
Separability-Material Provisions
43.435.
Notices
43.440.
No Recourse Against the Grantor 43.445.
Nonenforcement by the Grantor
43.450.
Waivers BUSINESS AND OCCUPATION
43.005.
Intent.
(a)
The City of Salem, pursuant to applicable Federal and State law, is authorized to
grant one or more non-exclusive franchises to construct, operate, maintain and reconstruct cable
television systems within the City limits.
(b)
The Common Council finds that the development of cable television and
communications system has the potential of having real benefit and impact upon the residents of
Salem. Because of the complex and rapidly changing technology associated with cable
television, the City further finds that the public convenience, safety and general welfare can best
be served by establishing regulatory powers which should be vested in the City or such persons
as the City shall designate. It is the intent of this chapter and subsequent amendments to provide
for and specify the means to attain the best possible public interest and public purpose in these
matters and any franchise issued pursuant to this chapter shall be deemed to include this finding
as an integral part thereof. (Ord No. 38-87; Ord No. 63-94)
43.010.
Short Title. This chapter shall be known and may be cited as the "Salem
Cable Communications Franchise Code." (Ord No. 38-87)
43.015.
Definitions.
(a)
For the purpose of this chapter the following terms, phrases, words and their
derivations shall have the meaning given herein. 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. Words not defined shall be
given their common and ordinary meaning.
(1)
"Agency Subscriber" means a government or public agency, school, or designated
non-profit organization which receives a service from a cable communications system.
(2)
"Basic Cable Service" means any service tier which includes the retransmission of
local television broadcast signals.
(3)
"Basic Radio Service" means the provision of audio programs to subscribers at a
monthly rate.
(4)
"Broadcast Signal" means a television or radio signal that is transmitted over the
air to a wide geographic audience and is received by a cable communications system and
retransmitted to subscribers. The term broadcast signal does not refer to any signal received by a
cable system by means of a microwave or satellite delivery system.
(5)
"Cablecast Signal" means a nonbroadcast signal that originates within the
facilities of the cable communications system.
(6)
"Cable Communications System" or "System" also referred to as "Cable
Television System", "Cable System", "CATV System" or "Community Antenna TV System"
means a facility crossing or using the public rights-of-way, consisting of a set of closed transmis-
sion paths and associated signal generation, reception, and control equipment that is designed to
provide cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
A.
A facility that serves only to retransmit the television signals of one or more
television broadcast stations; B.
A facility that serves only subscribers in one or more multiple unit dwellings
under common ownership, control, or management, unless such facility uses any public right-of-
way;
C.
A facility of a common carrier, except that such facility shall be considered a
cable system to the extent such facility is used in the transmission of video programming directly
to subscribers; or
D.
Any facilities of any electric utility used solely for operating its electric utility
system.
(7)
"Cable-mile" means a linear mile of strand-bearing cable as measured on the street
or easement from pole to pole or pedestal to pedestal.
(8)
"Cable Service" means the total of the following:
A.
The one-way transmission to subscribers of video programming, or other
programming services; and
B.
Subscriber interaction, if any, which is required for the selection of such video
programming or other programming service.
(9)
"Channel" or "Cable Channel" means a portion of the electromagnetic frequency
spectrum which is used in a cable system and which is capable of delivering a television channel
as a television channel is defined by the Federal Communications Commission by regulation.
(10)
"City Manager" means the City Manager of the City of Salem or any designee
thereof.
(11)
"Commence Construction" means that time and date when construction of the
cable communications system is considered to have commenced, which shall be when the first
connection is physically made to a utility pole, or undergrounding of cables is initiated, after
preliminary engineering (strand mapping) and after all necessary permits and authorizations have
been obtained.
(12)
"Commence Operation" means that time and date when operation of the cable
communications system is considered to have commenced which shall be when sufficient
distribution facilities have been installed so as to permit the offering of full service to a dwelling
unit located within the franchise area and such services are actually subscribed to by a resident of
the franchise area.
(13)
"Commercial Use" means the channel capacity designated for commercial use as
defined and required by federal law.
(14)
"Completion of Construction" means that point in time when all distribution
facilities have been installed by the Grantee so as to permit the offering of cable service to all of
the potential subscribers to whom the system has access in the franchise area, as well as the
provision, in an operational state, of any facilities required by the franchise agreement and which
meet reasonable density requirements as specified in the franchise agreement.
(15)
"Converter" means an electronic device which converts signal carriers from one
form to another.
(16)
"Council" means the governing body of the City of Salem.
(17)
"Educational Access Channel" means a channel on which the primary
programmers are noncommercial educational institutions.
(18)
"FCC" means the Federal Communications Commission and any legally
appointed or elected successor. (19)
"Franchise" means an in