Ordinance - 2012 - 676 - Cable One Franchise - 09/25/2012 ORDINANCE NO. 676
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING TITLE
6, CHAPTER 4 OF THE EAGLE CITY CODE RELATING TO CABLE TELEVISION
FRANCHISES; ADOPTING A NEW TITLE 6, CHAPTER 4, EAGLE CITY CODE,
RELATING TO CABLE TELEVISION FRANCHISES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle is a municipal corporation duly authorized by Idaho Code
§§50-301, 50-302, and 50-329 to grant franchises and adopt ordinances regulating such
franchises; and
WHEREAS, during the 2012 legislative session, the Idaho Legislature adopted the Idaho
Video Service Act, Idaho Code §§50-3001 et seq. (the "Act"), which provides for state franchise
authority and establishes regulations pertaining thereto; and
WHERAS, the Act does not diminish or otherwise affect the authority of the City having
jurisdiction over the public rights-of-way within the City, nor does the Act preclude the City
from establishing a video service provider fee; and
WHEREAS, the Mayor and City Council of the City of Eagle desire to amend the City's
cable television franchise regulations to comply with the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho:
Section 1: Title 6, Chapter 4, of the Eagle City Code is repealed in its entirety and
replaced with the following:
CHAPTER 4
CABLE TELEVISION FRANCHISES
SECTION
6-4-1: DEFINITIONS
6-4-2: GRANT OF AUTHORITY
6-4-3: FRANCHISE CONDITIONS
6-4-4: GRANTEE RULES AND SERVICE STANDARDS
6-4-5: CONDITIONS ON STREET OCCUPANCY AND USE
6-4-6: ERECTION, REMOVAL AND COMMON USE OF POLES
6-4-7: SYSTEM CONSTRUCTION AND EXTENSION
6-4-8: RATE REGULATION
6-4-9: ANNUAL REPORT AND AUDIT
6-4-10:PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED
6-4-11:COMPANY LIABILITY, INDEMNIFICATION
6-4-12:FAITHFUL PERFORMANCE BOND
ORDINANCE#676(DRAFT)
Page 1
6-4-13:OPERATIONAL STANDARDS
6-4-14:PUBLIC, EDUCATIONAL, OR GOVERNMENTAL (PEG) USE
6-4-15:FRANCHISE FEE
6-4-16:CUSTOMER SERVICE
6-4-17:ENFORCEMENT
6-4-1: DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words and their derivations
shall have the meanings given herein. When not inconsistent with the context, words used in the
present tense shall include the future tense, words in the plural include the singular and words in
the singular include the plural. The word "shall" is always mandatory and not directory.
CABLE TELEVISION SYSTEM: Hereinafter referred to as "CATV", "CATV system"
or "system", shall mean a system of antennas, coaxial cables, wave guides or other conductors,
equipment or facilities designed, constructed or used for the purpose of providing television, FM
radio, or other services by cable through its facilities as herein contemplated.
CERTIFICATE OF FRANCHISE AUTHORITY: A certificate issued by the Idaho
secretary of state to a video service provider pursuant to the Idaho Video Service Act, Idaho
Code §§50-3001 et seq.
CITY: The city of Eagle, a municipal corporation of the state of Idaho, in its present
incorporated form or in any other reorganized, consolidated or changed form.
COUNCIL: The present governing body of the city or any future body constituting the
legislative body of the city.
FRANCHISE: The initial authorization, or renewal thereof, including a written
agreement entered into by the city and a cable operator of a CATV system, or between the city
and a video service provider, which authorizes the construction, maintenance and operation of a
CATV system for the purpose of offering cable service or video service to subscribers within the
territorial limits of the City. A certificate of franchise authority issued pursuant to Idaho Code
§50-3003 shall also constitute a franchise.
FRANCHISE AGREEMENT: The agreement entered into between the city and a cable
operator or video operator that sets forth, subject to this chapter, the terms and conditions under
which a franchise will be granted and exercised.
FRANCHISE AREA: The area of the city that a cable operator or video operator is
authorized to serve by its franchise.
FRANCHISE FEE: The amount paid by a cable operator or video service provider to the
city.
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GRANTEE: Any cable television provider, or video service provider, their lawful
successors or assignees of said persons, firms or corporations, to whom or to which franchises
under this chapter are granted by the council, and the lawful successors or assignees of said
persons, firms or corporations. A grantee also includes a video service provider who has been
issued a certificate of franchise authority.
GROSS REVENUES: All revenues, calculated in accordance with generally accepted
accounting principles (GAAP), that are received by the cable service provider or video service
provider from subscribers for the provision of cable service or video service to subscribers within
the jurisdictional limits of the political subdivision. Gross revenues shall include the following:
A. All recurring charges and fees paid by subscribers for the provision of
cable service or video service; equipment rental charges, late fees and insufficient funds fees;
and fees attributable to video service when sold individually or as part of a package or bundle, or
functionally integrated with services other than cable services or video services. The term "gross
revenues" shall not include any charges resulting from action by a federal agency or taxes or
surcharges imposed by a governmental body which are separately itemized and billed by a cable
provider or video service provider to its subscribers;
B. Event-based charges for cable service or video service, including pay-per-
view and video-on-demand; and
C. Any other consideration a cable provider or video service provider
receives from its subscribers for providing cable service or video service when it is received in a
transaction that would evade imposition of a franchise fee if such consideration is not included in
revenue.
STREET: The surface of, and the space above and below, any public street, road,
highway, freeway, lane, alley, court, sidewalk, parkway, drive or other public property, hereafter
existing as such within the city.
SUBSCRIBER: Any person or entity receiving for any purpose the CATV service or
video service of the grantee by means of its CATV system or video system.
VIDEO SERVICE: The delivery of video programming to subscribers, which
programming is generally considered comparable to video programming delivered to viewers by
a television broadcast station, cable service or digital television service, without regard to the
technology used to deliver the video service, and which service is provided primarily through
equipment or facilities located in whole or in part in, on, under or over any streets. The term
includes cable service, but excludes any video programming provided to persons in their capacity
as subscribers to commercial mobile service as defined in 47 U.S.C. §332(d), or video
programming provided as part of and via a service that enables end users to access content,
information, electronic mail or other services offered over the public internet.
VIDEO SERVICE PROVIDER: A provider of video service, as defined herein.
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6-4-2: GRANT OF AUTHORITY:
There is hereby granted by the city of Eagle, state of Idaho, to any grantee and their
successors and assigns, the right and privilege to construct, operate and maintain a CATV system
or video service system within the city, and to use and occupy the streets and public ways
therefor, subject to the provisions of this chapter.
6-4-3: FRANCHISE CONDITIONS:
Every franchise granted pursuant to this chapter shall be subject to the following
conditions:
A. Any franchise granted hereunder by the city shall authorize a grantee, subject to
the provisions herein contained and the provisions of its franchise agreement:
1. To engage in the business of operating and maintaining a CATV system to
provide and sell cable service or video service to subscribers within the city; and
2. For the sole purpose of providing cable service or video service, to erect,
install, construct, repair, reconstruct, maintain and retain in, on, over, under, upon, across and
along any street, such amplifiers and appliances, lines, cables, fiber, conductors, vaults,
manholes, pedestals, attachments, supporting structures, and other property as may be necessary
and appurtenant to the cable system; and, in addition, so to use, operate and provide similar
facilities or properties rented or leased from other persons for the sole purpose of providing cable
service or video service, including but not limited to any public utility or other grantee franchised
or permitted to do business in the city. No privilege, right of eminent domain or exemption shall
be granted or conferred upon a grantee by any franchise, except those specifically prescribed
therein, and any use of any street shall be consistent with any prior lawful occupancy of the street
or any subsequent improvement or installation therein.
B. In accepting a franchise, the grantee acknowledges that its rights are subject to the
lawful exercise of the police power of the city to adopt and enforce general ordinances necessary
to protect the safety and welfare of the public, and it agrees to comply with all applicable general
laws enacted by the city pursuant to such power.
C. A franchise issued by the city shall be subject to the right of the city to revoke the
same for misuse, or failure to comply with any material provisions of this chapter, or any federal,
state or local laws, ordinances, rules or regulations, or failure to comply with any material
provision of a franchise agreement.
D. If a cable franchise terminates, and the franchisee does not have authority
independent of that franchise to maintain and operate its system in the city's streets, then, to the
extent not inconsistent with 47 U.S.C. §541(b)(3), the city may order the grantee to remove its
facilities from the franchise area within a reasonable period of time as determined by the city. In
that case, any property owned by the grantee and not removed from the streets within six (6)
months from the date of the city's order shall be considered to have been abandoned by the
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grantee and will become the property of the city to do with as it may choose. If a grantee fails to
remove its facilities as provided in this section, the city may have the removal done at the
grantee's expense, and any cost incurred by the city in removing the grantee's facilities from the
city's streets or property will be a claim against the grantee.
E. The grant of a franchise by the city shall be non-exclusive. It shall not preclude
the city from granting other or further franchises or permits, or preclude the city from using any
streets or other public properties or affect its jurisdiction over them or any part of them, or limit
the full power of the city to make such changes, as the city shall deem necessary, including the
dedication, establishment, maintenance, and improvement of all new streets and thoroughfares
and other public properties.
F. The grant of a franchise shall be for a term as provided in the franchise
agreement, which shall not exceed ten(10) years.
G. Nothing in a franchise agreement shall be deemed to waive the requirements of
the various codes, laws, and ordinances of the city regarding permits, zoning, fees to be paid, or
right-of-way or street management, or to take the place of any general license or permit required
for the privilege of transacting or carrying on a business within the city as required by the
ordinances and laws of the city, or for attaching devices to poles or other structures, whether
owned by the city or a private entity, or for excavating or performing other work in or along the
streets or rights-of-way.
H. The city shall have the right, without cost, to make attachments to poles owned
and used by the grantee in connection with its fire or police signal systems or other city use, such
attachments to be installed and maintained in accordance with the requirements of the national
electrical safety code and only after written notice to the grantee; provided however, that the
grantee shall assume no liability or expense in connection therewith, and provided further, that
the city's use thereof shall be in such a manner as not to interfere with the television operations
of the grantee. In case of any emergency or disaster, the grantee shall, upon request of the city
council, make available it facilities to the city for emergency use.
I. A franchise grated under this chapter shall be a privilege to be held in personal
trust by the grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of,
in whole or in part, either by forced or involuntary sale, merger, consolidation, or otherwise,
without the prior written consent of the city expressed by a resolution.
J. A grantee issued a franchise pursuant to this chapter shall, within thirty (30) days
after the passage of an ordinance granting such franchise fill with the city clerk, in writing, duly
executed by the proper officials,the following documents:
1. The grantee's unconditional acceptance of the franchise;
2. The grantee's surety bond as provided in section 6-4-12 of this chapter;
and
ORDINANCE#676(DRAFT)
Page 5
3. Its certificate of insurance as provided in section 6-4-11 of this chapter.
K. A grantee issued a franchise under this chapter shall assume and pay all
publication costs in connection with the granting of a franchise, as required by Idaho Code §50-
329. A statement for all costs shall be prepared by the city treasurer and presented to the grantee
upon the filing of its acceptance of the franchise with the city clerk.
6-4-4: GRANTEE RULES AND SERVICE STANDARDS:
A. Grantee Rules: The grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable said grantee to exercise its rights and perform it obligations under its
franchise and to assure uninterrupted service to each and all of its customers. Provided,
however, that such rules, regulations, terms and conditions shall not be in conflict with this
chapter, the rules of the Federal Communications Commission or the laws of the state of Idaho.
B. Service Standards: The grantee shall maintain and operate its system and render
efficient service in accordance with such rules and regulations as are, or may be hereinafter
promulgated by the city, the state of Idaho, or by the Federal Communications Commission.
Whenever it is necessary to interrupt service for the purpose of making repairs, adjustments or
installations, the grantee shall do so at such time as will cause the least amount of inconvenience
to its customers.
6-4-5: CONDITIONS ON STREET OCCUPANCY AND USE:
A. Use: All transmission and distribution structures, lines and equipment erected by the
grantee within the city shall be so located as to cause minimum interference with the proper use
of streets, alleys and other public ways and places, and not to interfere with existing public utility
installations. In all areas of the city where the cables, wires or other like facilities of public
utilities are placed underground, the grantee shall place its cables, wires or other like facilities
underground.
1. To the extent the grantee constructs and maintains its cables and other equipment
on or about private property, and an easement for such use has already been granted to a
telephone company or other public utility, said easement shall, if at all possible, be interpreted so
as to grant the grantee the same rights and privileges as have been granted to telephone
companies and other public utilities. In such easements, the words "telephone company" shall be
interpreted to include the grantee.
2. The grantee shall furnish to and file with the city, maps, plats and permanent
records of the location and character of all facilities constructed, including underground
facilities.
B. Restoration: In case of any disturbance of rights of way, pavement, sidewalk,
driveway or other surfacing, the grantee shall, at its own expense, and in the manner provided by
the city, replace and restore all rights of way, paving, sidewalk, driveway or other surface of any
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Page 6
street or alley disturbed. The grantee shall, for a period of one year, guarantee such restoration
and in the event there is a problem, shall, upon given notice, repair same within fifteen (15) days
after notice. If the grantee fails to complete such repairs as requested, then the city may do so at
the expense of the grantee.
C. Relocations: If at any time during the period of this franchise the city shall lawfully
elect to alter, or change the grade or location of any street, alley or other public way, the grantee
shall, upon reasonable notice by the city, remove, relay and relocate its poles, wires, cables,
underground conduits, manholes and other fixtures at its own expense, and in each instance
comply with the requirements of the city.
D. Placement Of Fixtures: The grantee shall not place poles, conduits, or other fixtures
above or below ground where the same will interfere with any gas, electric, telephone fixtures,
water hydrant or other utility, and all such poles, conduits or other fixtures placed in any street
shall be so placed as to comply with the requirements of the city.
E. Temporary Removal Of Wires And/Or Fixtures For Building Moving: The grantee
shall, on request of any person holding a moving permit issued by the city, temporarily move its
wires or fixtures to permit the moving of buildings, the expense of such temporary removal to be
paid by the person requesting the same, and the grantee shall be given not less than forty eight
(48) hours' advance notice to arrange for such temporary changes.
F. Tree Trimming: The grantee shall have authority to trim any trees upon and
overhanging the streets, alleys, sidewalks, and public places of the city so as to prevent the
branches of such trees from coming in contact with the wires and cable of the grantee, except
that at the option of the city, such trimming may be done by it, or under its supervision and
direction, at the expense and liability of the grantee.
6-4-6: ERECTION, REMOVAL AND COMMON USE OF POLES:
A. No poles or other wire holding structures shall be erected by the grantee without prior
approval of the city with regard to location, height, type and other pertinent aspects. However,
location of any pole or wire holding structure of the grantee shall not be a vested interest and
such poles or structures shall be removed or modified by the grantee at its own expense
whenever the city determines that public convenience would be enhanced thereby.
B. Where poles or other wire holding structures of any public utility company are
available for use by the grantee, the city may require the grantee to use such poles and structures
if the permission and consent of such public utility company may be obtained by the grantee and
if the terms of the use available to the grantee are just and reasonable.
C. Where a public utility serving the city desires to make use of the poles or other wire
holding structures of the grantee, but agreement therefor with the grantee cannot be reached, the
city may require the grantee to permit such use for such consideration and upon such terms as the
council shall determine to be just and reasonable, if the use will enhance the public convenience
and if it would not unduly interfere with the grantee's operation.
ORDINANCE#676(DRAFT)
Page 7
D. Where city owned utility poles are available for use of the grantee, the grantee shall
pay the city the same pole rental per annum as paid by the grantee for the use of poles owned by
public utilities.
6-4-7: SYSTEM CONSTRUCTION AND EXTENSION:
A. The grantee is hereby authorized to extend the system within the franchise area to the
extent that such extension is or may become technically and economically feasible.
B. Wherever the grantee shall have received written requests for service from at least ten
(10) subscribers within one thousand six hundred twenty five (1,625) cable meters (5,280 cable
feet) of its aerial trunk cable, or from at least fifteen (15) subscribers within one thousand six
hundred twenty five (1,625) cable meters (5,280 cable feet) of its underground trunk cable, it
shall extend its system to such subscribers solely for the usual connection and service fees for all
subscribers.
The one thousand six hundred twenty five meters (1,625 m) shall be measured in extension
length of grantee's cable required for service located within the public way or easement and shall
not include length of necessary drop to the subscriber's home or premises.
C. No person in the grantee's service area shall be arbitrarily refused service; but in
recognition of the capital costs involved in unusual circumstances, including, without limitation,
instances when the distance from distribution cable to connection of service to subscribers is
more than forty five meters (45 m) (150 cable feet) or when a subscriber density exists less than
the density specified hereinabove, service may be made available on the basis of costs of
materials, labor and easements, in order to prevent inequitable burdens on cable subscribers in
more densely populated areas.
D. For all residential structures hereinafter erected which are to be served by
underground utilities, the developer of the subdivision or development may acquire CATV
service or video service for the development under the following conditions; but otherwise the
grantee shall not be obligated to construct a CATV system or video service system in such new
development: Developer shall perform all trenching and backfilling necessary for the provision
of cable television service, or video service,. including furnishing of any imported backfill
material required, and will furnish and install for the grantee any necessary distribution conduit
and substructures, including pedestals, required in accordance with the grantee's plans and
specifications. Developer may enter into a written agreement with the grantee whereby such
costs may be reimbursed to the developer by grantee at the rate of fifty percent (50%) of basic
subscriber revenues generated from the CATV service or video service supplied within the
development over a period not to exceed three (3) years.
In addition to providing plans and specifications to the developer, the grantee shall
inspect the facilities required hereunder, and certify to the city prior to final approval of the
subdivision or development that the facilities required herein are properly installed. The city
shall have the right to review and require its approval of the maps and specifications provided by
the grantee. The cost of the portion of an extension to a subdivision or development from the
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Page 8
grantee's existing facilities in excess of sixty meters (60 m) (200 feet) outside the boundaries of
the subdivision or development shall be borne by the developer. Facilities installed hereunder
shall be owned, operated, and maintained by the grantee.
6-4-8: RATE REGULATION:
The city reserves the right to regulate all rates and charges of the grantee except to the
extent it is prohibited from doing so by applicable federal or state law.
6-4-9: ANNUAL REPORT AND AUDIT:
A. Report: Payment of the franchise fee as required in this chapter shall be
accompanied by a written report identifying the amount of revenues received from subscribers
for the provision of cable services or video services to the subscribers and identifying exclusions
from gross revenues, if any.
B. Audit: The city may, upon reasonable advance written notice, but not more
frequently than once in any calendar year, review the business records of a grantee to the extent
necessary to ensure proper and accurate payment of the franchise fee. A grantee shall provide
sufficient information about such revenues to the city to allow a proper compliance review by the
city. The grantee shall keep all business records reflecting any gross revenues, even if there is a
change in ownership, for at least three (3) years after those revenues are recognized by the
grantee on its books and records. All records reasonably necessary for the audit shall, at the
discretion of the city, be made available by the grantee at the location within the jurisdiction
where the records are kept in the ordinary course of business, or may be provided electronically
to the city with its consent. The city and the grantee shall each be responsible for their respective
costs of the audit, unless the audit discloses that the grantee has underpaid the franchise fee by
more than seven percent (7%) during the examination period, in which case the grantee shall pay
all of the reasonable and actual costs of the audit. Any undisputed amount or refund due to the
city or the grantee shall be paid within sixty (60) days, plus interest at the statutory rate on civil
judgments.
6-4-10: PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED:
A. Discrimination in Rates and Charges Prohibited: The grantee shall not, as to rates,
charges, service facilities, rules, regulations, or in any other respect, make or grant any
preference or advantage to any person, nor subject any person to any prejudice or disadvantage;
provided, that nothing in this a franchise shall be deemed to prohibit the establishment of a
graduated scale of charges and classified rate schedule to which any customer coming within
such classification would be entitled.
B. Discrimination Among Residential Subscribers Prohibited: Cable service or
video service shall not be denied to any group of potential residential subscribers because of the
income of the residents of the local area in which such group resides.
6-4-11: COMPANY LIABILITY, INDEMNIFICATION:
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Page 9
The grantee shall save the city harmless from all loss sustained by the city by reason of
any suit, judgment, execution, claim, or demand resulting from the construction, operation or
maintenance by the grantee of its system in the city. The grantee shall, concurrently with the
filing of an acceptance of award of a franchise granted under this chapter, file with the city clerk
and at all times thereafter maintain in full force and effect for the term of such franchise or
renewal thereof, at the grantee's sole expense, a general comprehensive liability insurance
policy, in protection of the city, its officers, boards, commissions, agents, and employees, in a
company authorized to do business in the state of Idaho, and in a form satisfactory to the city
attorney, protecting the city and all persons against liability for loss or damage for personal
injury, death and property damage, occasioned by the operations of the grantee under such
franchise in the minimum amount of:
$ 250,000.00 for property damage to any person.
500,000.00 for property damage in any 1 occurrence.
500,000.00 for personal injury to any 1 person.
1,000.000.00 for personal injury in any 1 occurrence.
6-4-12: FAITHFUL PERFORMANCE BOND:
Upon the commencement of construction, the grantee shall provide a construction
performance bond that will faithfully guarantee the payment of all labor and material costs
incurred by it or its subcontractors during construction of the system. The performance bond
will be issued by a company licensed to do business in the state of Idaho and in a form approved
by the city attorney. In addition, the grantee shall maintain throughout the construction period, a
corporate surety bond issued by a company licensed to do business in the state of Idaho and in a
form approved by the city attorney in the principal sum of one hundred thousand dollars
($100,000.00), naming the city as an insured. The surety bond shall guarantee performance of
each term and condition of a franchise agreement executed under this chapter and in the event of
a breach of condition of the bond, the amount thereof shall be recoverable from the principal by
the city for all damages resulting from failure of the grantee to well and faithfully perform and
observe any provision of its franchise.
6-4-13: OPERATIONAL STANDARDS:
The CATV system shall be installed and maintained in accordance with the minimum
standards set by the applicable rules and regulations of the Federal Communications
Commission.
6-4-14: PUBLIC, EDUCATIONAL, OR GOVERNMENTAL (PEG) USE:
On, or within a reasonable period of time after, the date on which a grantee first provides
cable service or video service to a subscriber within the service area of the city, the grantee shall
designate a sufficient amount of capacity on its cable service or video service network to allow
the provision of public, educational and governmental access channels or their functional
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Page 10
equivalents, hereinafter referred to as PEG channels, for noncommercial programming as
provided in Idaho Code §50-3010.
6-4-15: FRANCHISE FEE:
A. Payment of Franchise Fee: During the term of any franchise granted pursuant to
this chapter, every grantee shall pay to the city for the use of the streets, as well as the
maintenance, improvements, and supervision thereof, a franchise fee in an amount equal to five
percent (5%) of the gross revenues, as defined in this chapter, of the grantee. For purposes of
calculation of gross revenues, the following shall apply:
1. In the case of a cable service or video service that is bundled or integrated
functionally with other services, capabilities or applications, the portion of the system operator's
revenue attributable to the other services, capabilities or applications shall be included in gross
revenues unless the provider can reasonably identify the division or exclusion of the revenue
from its books and records, which may include the provider's tax billing records, that are kept in
the regular course of business.
2. Revenue of an affiliate shall be included in the calculation of gross
revenues to the extent the treatment of the revenue as revenue of the affiliate would have the
effect of evading the payment of the franchise fee that would otherwise be paid for cable service
or video service.
B. Quarterly Payments: The franchise fee shall be paid to the city on a quarterly
basis, forty-five (45) days after the close of each calendar quarter.
C. Report: As provided in section 6-4-11A of this chapter, each payment shall be
accompanied by supporting information, verified by an officer of the grantee, containing a
detailed, accurate statement of the grantee's gross revenues and the computation of the payment
amount.
D. Billing: The grantee may identify and collect the amount of the franchise fee as a
separate line item on the regular bill of each subscriber.
6-4-16: CUSTOMER SERVICE:
The grantee shall maintain a toll free telephone listing in the city of Eagle in order that
CATV maintenance service shall be promptly available to all subscribers. Complaints during
other than regular business hours may be made to a separate telephone maintained for that
purpose, which shall be listed in the telephone directory, or the same telephone number may be
used at the option of the grantee. The grantee shall investigate, respond to, or act upon all
complaints and inquiries within six (6) hours. The grantee shall maintain a maintenance service
log indicating the date and time complaints are received and resolved and the nature of the
complaint and resolution. This record shall be made available for reasonable inspection by the
city.
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Page 11
6-4-17: ENFORCEMENT:
In the event that the grantee does not perform according to the provisions of this chapter,
the city shall give written notice of the particular items wherein said grantee has failed to
perform and said grantee is hereby given a period of sixty (60) days to correct the defaults of
which the notice complains. If no correction is made during said period, the city may, at its
discretion, assess a penalty of twenty five dollars ($25.00)per day until such default is corrected.
Provided, however, the grantee may petition the city for an extension of time to comply for good
cause shown. The determination of what constitutes good cause shall be determined by the city
and the decision of the city shall be accepted as final. The following shall be deemed good cause
for an extension: strikes, floods, fire, acts of God, force majeure, labor disputes, unavailability
of building materials beyond the control of the grantee or any other cause beyond the control of
the grantee.
Section 2: If any part of this ordinance shall be held unconstitutional or void, such part
shall be deemed separable and its invalidity shall not affect the remaining parts of the ordinance.
Section 3: The City Clerk is instructed to immediately forward this ordinance to the
codifier of the official municipal code for proper revision of the code.
Section 4: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire Ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
PASSEp AND ADOPTED by the Council of the city of Eagle, Idaho this day of
ap .b. , 2012.
APPROVED by the Mayor of the City of Eagle, Idaho this 5 day of
, 2012. 1
James D. ey olds,
Mayor
ATTEST:
�c , 'Tenn,
EAR
TE Or
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SUMMARY OF
ORDINANCE NO. 676
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING TITLE
6, CHAPTER 4 OF THE EAGLE CITY CODE RELATING TO CABLE TELEVISION
FRANCHISES; ADOPTING A NEW TITLE 6, CHAPTER 4, EAGLE CITY CODE,
RELATING TO CABLE TELEVISION FRANCHISES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
A summary of the principal provisions of Ordinance No. 676 of the City of Eagle, Ada
County, Idaho, adopted on September 25, 2012,. is as follows:
Section 1: Repeals Title 6, Chapter 4, Eagle City Code, relating to cable television
franchises, and replaces it with a new Title 6, Chapter 4, as follows:
6-4-1: DEFINITIONS: Establishes definitions relating to cable television franchises.
6-4-2: GRANT OF AUTHORITY: Provides authority for the city of Eagle to grant
cable television franchises.
6-4-3: FRANCHISE CONDITIONS: Establishes conditions for inclusion in all
franchises granted under this chapter.
6-4-4: GRANTEE RULES AND SERVICE STANDARDS: Provides authority for
franchisees to establish rules and establishes service standards for franchisees.
6-4-5: CONDITIONS ON STREET OCCUPANCY AND USE: Establishes conditions
and regulations under which franchisees may use city streets.
6-4-6: ERECTION, REMOVAL AND COMMON USE OF POLES: Establishes
guidelines for use of poles by franchisees.
6-4-7: SYSTEM CONSTRUCTION AND EXTENSION: Establishes regulations for
extension of a franchisee's system within a franchise area.
6-4-8: RATE REGULATION: Preserves the right of the city to regulate cable television
rates to the extent not prohibited by federal law.
6-4-9: ANNUAL REPORT AND AUDIT: Establishes requirements for franchisees to
submit reports to the city and for annual audits of the franchisee's records by the city.
6-4-10:PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED:
Prohibits preferential and discriminatory practices by franchises in the services provided.
Page 1
6-4-11:COMPANY LIABILITY, INDEMNIFICATION: Establishes liability of
franchisees for claims arising out of franchisees' construction, operation or maintenance of its
system, and establishes insurance requirements for franchisees.
6-4-12:FAITHFUL PERFORMANCE BOND: Establishes requirement for franchisees
to obtain performance bond.
6-4-13:OPERATIONAL STANDARDS: Requires maintenance of system pursuant to
minimum standards set by the Federal Communications Commission.
6-4-14:PUBLIC, EDUCATIONAL, OR GOVERNMENTAL (PEG) USE: Establishes
requirements for providing public, educational or governmental channels and programming.
6-4-15:FRANCH.ISE FEE: Authorizes franchise fees and establishes requirements for
payment of franchise fees by franchisees to the city.
6-4-16:CUSTOMER SERVICE: Establishes minimum customer service standards for
franchisees.
6-4-17:ENFORCEMENT: Establishes penalties for violation of this chapter and
enforcement procedures.
Section 2: Provides a severability clause.
Section 3,: Instructs the City Clerk to forward the Ordinance to the codifier.
Section 4: States that Ordinance No. 676 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 676 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 676 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the____day of October, 2012.
CITY OF EAGLE
`a County, Idaho
�,i.-.. •,
C - , -
By. James D. Reynolds, ( aye;
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ATTEST: c C,••o�eOR,q :
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By: 'haron K. Bergmann, ' ity Clerk �•�� 0;"
1 pp or
[ SEAL]
"
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 676 of the City of Eagle and
that the same is true and complete and provides adequate notice to the public of the contents of
said Ordinance.
DATED as of the 1st day of October,2012.
By ill S. Holinka, City Attorney
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address:
Attention:
EE1jL
660 Lan. -
Lt 2 ck 4.4�0
(3(o
Identification:
Run Dates:
Number Lines
Other
SUMMARY OF (0 C-
l'Z
ORDINANCE NO. 676
F
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING TITLE
6, CHAPTER 4 OF THE EAGLE CITY CODE RELATING TO CABLE TELEVISION
FRANCHISES; ADOPTING A NEW TITLE 6, CHAPTER 4, EAGLE CITY CODE,
RELATING TO CABLE TELEVISION FRANCHISES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
RECEIVED & FILED
CITY OF EAGLE
OC 3 1 2012
File'
Route to:
Su brim a r tel l�j� d,�hancQ
0- or 2c) I2
Amount
rank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
ley Times, a weekly newspaper published at
le, Ada County, State of Idaho; that the said
ewspaper is in general circulation in the said
bunty of Ada, and in the vicinity of Meridian,
ir, and Eagle, and has been uninterruptedly
published in said County during a period of
3.ty-eight consecutive weeks prior to the first
of this notice, a copy of which is attached
ereto, and that the notice was published in
Times, in conformity with Section 60-108,
aho Code, as amended, for I time(s)
regular and entire issue of said paper, and
nted in the newspaper proper, and not in a
/lement; and that said notice was published
on the following dates:
eginning (Tele f.,/ 4. L..*)( Z
A summary of the principal provisions of Ordinance No. 676 of the City of Eagle, Ma
County, Idaho, adopted on September 25, 2012, is as follows:
$ection 1: Repeals Title 6, Chapter 4, Eagle City Code, relating to cable television 1a
franchises, and replaces it with a new Title 6, Chapter 4, as follows:
6-4-1: DEFINITIONS: Establishes definitions relating to cable television franchises.
lI
6-4-2: GRANT OF AUTHORITY: Provides authority for the city of Eagle to grant �)
cable television franchises.
6-4-3: FRANCHISE CONDITIONS: Establishes conditions for inclusion in all
franchises granted under this chapter.
6-4-4: GRANTEE RULES AND SERVICE STANDARDS: Provides authority for
franchisees to establish rules and establishes service standards for franchisees.
6 4 5: CONDITIONS ON STREET OCCUPANCY AND USE: Establishes conditions
and regulations under which franchisees may use city streets.
6-4-6: ERECTION, REMOVAL AND COMMON USE OF POLES: Establishes
guidelines for use of poles by franchisees.
6-4-7: SYSTEM CONSTRUCTION AND EXTENSION: Establishes regulations for
extension of a franchisee's system within a franchise area.
6-4.8: RATE REGULATION: Preserves the right of the city to regulate cable television
rates to the extent not prohibited by federal law.
6.4-9. ANNUAL REPORT AND AUDIT: Establishes requirements for franchisees to
submit reports to the city and for annual audits of the franchisee's records by the city.
6-4-10:PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED: 1
Prohibits preferential and discriminatory practices by franchises in the services provided,
6-4-11:COMPANY LIABILITY, INDEMNIFICATION: Establishes liability of Il
franchisees for claims arising out of franchisees' construction, operation or maintenance. of its
system, and establishes insurance requirements for franchisees. l
finding V C. D6 ( �(. 2A (Z.
STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of in the year of 2012
e me, a Notary Public, personally appeared
known or identified to me to be the person
ame is subscribed to the within instrument,
ng by me first dul wom,=declared that the
irhare true, and a • ; wledged to me that
fxecuted the same.
6-4-12:FAITHFUL PERFORMANCE BOND: Establishes requirement for franchisees
to obtain performance bond.
6-4-13:OPERATIONAL STANDARDS: Requires maintenance of system pursuant to
minimum standards set by the Federal Communications Commission.
6-4-14:PUBLIC, EDUCATIONAL, OR GOVERNMENTAL (PEG) USE: Establishes
requirements for providing public, educational or governmental channels and programming.
6-4-15:FRANCHISE FEE: Authorizes franchise fees and establishes requirements for
Notary Public for Idaho
Residi at Boi$e, ID
My ommission expires: IA`j 17
3