Page 1 >? ORDINANCE NO. 1679 An Ordinance renewing a nonexclusive franchise to Comcast Cablevision Corporation of Mobile, Inc., its successors and assigns, to operate and maintain a community antenna television System in the City; setting forth conditions accompanying the Grant of Franchise; providing for authorized City Regulation and use of the Community Antenna Television System; and prescribing penalties for violation of the Franchise provisions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY oF PRICHARD AS FOLLOWS: SECTION 1. DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words,- abbreviations and the derivations shall have the meaning given herein; provided, however, that when not inconsistent with the context, the terms, Phrases, words, abbreviations and the derivations not defined herein shall be given their common and ordinary meanings, . and the words used in the present tense shall include the future tense, words in the plural shall include the singular and words in the singular number shall include the plural number. A. Basic 5 1 5 3 1 3 600 1551 195 25 95.969322 Subscriber 5 1 5 3 1 4 817 1549 174 26 95.773590 Service: All local broadcast signals, if any, required by the Federal Communications Commission to be retransmitted on the cable television system; all programming transmitted on the Public, Edcational and Government Access Channels, if any, and such other programming as designated by the Franchisee from time to time as part of the Basic Subscriber Service. Page 2 B. Cary or Cable 5 1 1 1 1 5 864 216 195 27 92.704147 television 5 1 1 1 1 6 1086 223 147 28 72.978905 system:: 5 1 1 1 1 7 1263 226 20 22 96.601372 A 5 1 1 1 1 8 1308 229 117 27 96.571060 system 4 1 1 1 2 0 230 277 1188 47 -1 5 1 1 1 2 1 230 277 36 22 95.847267 of 5 1 1 1 2 2 312 279 172 27 96.255188 antennas, 5 1 1 1 2 3 533 281 127 28 95.813217 cables, 5 1 1 1 2 4 709 284 212 29 96.163010 amplifiers, 5 1 1 1 2 5 950 287 131 29 58.736229 ‘wires, 5 1 1 1 2 6 1130 289 109 29 93.400978 lines, 5 1 1 1 2 7 1288 294 130 30 92.423424 towers, 4 1 1 1 3 0 224 340 1193 49 -1 5 1 1 1 3 1 224 340 182 27 96.362488 microwave 5 1 1 1 3 2 442 343 109 30 96.321396 links, 5 1 1 1 3 3 589 348 208 29 96.582199 waveguides, 5 1 1 1 3 4 839 350 95 25 95.529716 laser 5 1 1 1 3 5 970 352 110 29 96.577065 beams, 5 1 1 1 3 6 1118 356 134 29 96.733124 optical 5 1 1 1 3 7 1287 359 130 30 96.608368 fibers, 4 1 1 1 4 0 229 409 1188 47 -1 5 1 1 1 4 1 229 409 210 29 90.786819 satellites, 5 1 1 1 4 2 496 416 204 27 94.738434 converters, 5 1 1 1 4 3 757 417 212 30 88.531616 conductors, 5 1 1 1 4 4 1026 422 229 26 81.646164 transmission 5 1 1 1 4 5 1306 426 111 30 96.379089 lines, 4 1 1 1 5 0 227 458 1193 60 -1 5 1 1 1 5 1 227 458 182 47 96.408432 equipment 5 1 1 1 5 2 440 483 37 18 94.550674 or 5 1 1 1 5 3 514 479 188 26 96.321236 facilities 5 1 1 1 5 4 739 482 158 32 95.394737 designed 5 1 1 1 5 5 934 486 58 24 95.999702 and 5 1 1 1 5 6 1028 490 209 24 96.189140 constructed 5 1 1 1 5 7 1273 492 55 24 94.503792 for 5 1 1 1 5 8 1363 494 57 24 96.793480 the 4 1 1 1 6 0 224 546 1191 45 -1 5 1 1 1 6 1 224 548 137 25 95.695473 purpose 5 1 1 1 6 2 417 546 36 24 95.002129 of 5 1 1 1 6 3 507 548 185 32 94.781090 producing, 5 1 1 1 6 4 750 551 193 32 79.039383 receiving, 5 1 1 1 6 5 1003 555 144 32 94.810310 storing, 5 1 1 1 6 6 1204 560 211 31 92.843330 processing, 4 1 1 1 7 0 223 611 1191 52 -1 5 1 1 1 7 1 223 611 252 33 96.319351 transmitting, 5 1 1 1 7 2 505 615 206 33 93.179543 amplifying, 5 1 1 1 7 3 743 619 196 26 92.017624 scrambline 5 1 1 1 7 4 966 623 57 24 96.915245 and 5 1 1 1 7 5 1047 623 232 34 96.452644 distributing 5 1 1 1 7 6 1299 628 115 35 95.863052 audio, 4 1 1 1 8 0 221 678 1196 44 -1 5 1 1 1 8 1 221 678 113 30 94.993073 video, 5 1 1 1 8 2 368 681 137 31 96.443855 digital 5 1 1 1 8 3 535 685 56 24 96.443855 and 5 1 1 1 8 4 620 686 94 24 96.888252 other 5 1 1 1 8 5 745 687 97 25 96.271973 forms 5 1 1 1 8 6 871 689 37 24 96.885315 of 5 1 1 1 8 7 938 690 192 27 96.373230 electronic 5 1 1 1 8 8 1158 699 37 19 96.095177 or 5 1 1 1 8 9 1223 695 194 27 96.095177 electrical 4 1 1 1 9 0 222 747 1195 43 -1 5 1 1 1 9 1 222 747 134 31 94.193909 signals 5 1 1 1 9 2 391 751 38 23 96.760513 to 5 1 1 1 9 3 463 752 210 33 94.369843 subscribing 5 1 1 1 9 4 704 756 139 24 96.378159 members 5 1 1 1 9 5 877 758 37 23 96.020844 of 5 1 1 1 9 6 948 758 59 24 96.405334 the 5 1 1 1 9 7 1040 760 111 30 94.608864 public 5 1 1 1 9 8 1183 762 58 25 94.608864 for 5 1 1 1 9 9 1272 769 17 18 95.183792 a 5 1 1 1 9 10 1321 764 96 25 96.557213 fixed 4 1 1 1 10 0 220 817 270 29 -1 5 1 1 1 10 1 220 822 38 17 95.174805 or 5 1 1 1 10 2 278 817 118 29 95.716812 period 5 1 1 1 10 3 419 819 71 24 96.193626 fee. 3 1 1 2 0 0 215 880 1201 178 -1 4 1 1 2 1 0 393 880 1023 45 -1 5 1 1 2 1 1 393 880 37 38 45.624958 Cc. 5 1 1 2 1 2 516 886 183 27 93.972237 Channel": A designated frequency band in the electromagnetic spectrum which is capable of carrying video, audio, digital or other electronic signals, or some combination thereof. D. City: The City of Prichard, a municipal corporation of the State of Alabama. E. Converter: An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and which, by an appropriate channel selector, also permits a subscriber to view all signals delivered at designated dial locations. F. Council: The present governing body of the City or any future board constituting the legislative body of the City. G. FCC or Federal 5 1 3 4 1 5 836 1914 274 26 95.567039 Communications 5 1 3 4 1 6 1133 1916 230 25 92.961426 Commission: That agency as is presently constituted by the United States Page 3 Congress or any successor agency with jurisdiction. over CATV matters. , H. Pranchise: The nonexclusive _right. or authority to construct, operate and maintain a cable television system by use of the City-owned rights of way, easements or other publicly~owned properties. I. Franchisee or Operator: The person, firm or corporation to whom or to which a franchise, as hereinabove defined, is granted by the Council and the lawful successor, transferee or assignee of said person, firm or corporation. J. Gross 5 1 1 4 1 3 629 933 156 31 96.666740 Receipts 5 1 1 4 1 4 815 935 136 25 96.305748 Derived 5 1 1 4 1 5 980 937 76 25 95.962624 from 5 1 1 4 1 6 1083 939 94 25 96.699188 Cable 5 1 1 4 1 7 1207 940 187 26 95.502632 Services: All receipts received by or for the benefit of the Franchisee derived from the cable services it provides in the City, to the maximum extent authorized by Federal law and regulation. , K. “Leased Access Channel": Any channel or portion of a channel designated by the operator as available for lease. L. Person: Any person, firm, partnership, association, corporation, company or organization of any kind. M. “Premium Service": Programming services over and above those provided by Franchisee as part of its basic service for which there is an additional charge. N. “Property of Franchisee": All property owned, installed or used by a Franchisee in the conduct Page 4 of a CATV business in the City under the authority of a franchise granted pursuant to this ordinance. oO. Street: The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, easement, right of way or drive, now or herafter existing with the City. P. Subscriber; Any person legally receiving any service delivered by the Franchisee. SECTION 2. GRANT OF AUTHORITY me EUR TY 2.1 GRANT OF FRANCHISE : CEL SOE There is hereby granted to Comcast Cablevision Corporation of Mobile, Inc., a nonexclusive franchise to erect, install, construct, repair, replace, reconstruct, maintain and operate a cable television System and retain, in, over, under, across, and along any public street, public way and public place, now laid out or dedicatd, and all extensions thereof and additions thereto in Franchisee's franchise area such poles, wires, cable conductors, ducts, conduit vaults, manholes, amplifiers, attachments, and other property as may. be necessary and appurtenant to the CATV system; and in addition so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporation, including but not limited to any public utility or other franchisee franchised or permitted to do business in the City. Page 5 ~~, 2.2 . TERM AND EFFECTIVE DATE OF AGREEMENT Te _OF AGREEMENT The term of the franchise granted herein shall be for twenty (20) years from the date that this Ordinance and franchise granted hereunder are executed by both parties hereto. 2.3 TERRITORIAL EXTENT OF FRANCHISE ——— OE FRANCHISE The territorial extent of the franchise granted herein shall be the legal boundaries of the City as of the date this Ordinance is adopted or the boundaries as extended by annexation, provided that Franchisee shall only be required to extend its cable system into such annexed areaS as per the requirements set forth in Section 9.3 of this Ordinance. SECTION 3. FRANCHISE FEE 3.1 in consideration for the issuance of this Franchise, Franchisee shall pay to the City an annual franchise fee, hereby levied in a sum equal to five percent (5%) of Franchisee's gross receipts derived from cable services for each period of twelve months (or fraction thereof) during which this Franchise is in effect, where not inconsistent with applicable Federal legislation and regulation. 3.2 The franchise fee shall be payable in semi-annual installments based upon Franchisee's applicable gross receipts for the half-year then ended, and shall be due Page 6 a, at intervals of from six (6) to twelve (12) months of the date of the grant of this Franchise. . 3.3 At the time it pays the semi-annual franchise fee installment, Franchisee shall deliver to City a verifiea statement of gross receipts derived from. cable services in the City for the preceding half-year. 3.4 The City shall have the right and authority to examine the applicable books and records of Franchisee at any time during normal business hours and with reasonable advance notice for the purpose of determining the correct franchise fees owing to City for the then-current and five next-preceding fiscal years of Franchisee. 3.5 The City reserves the right to increase or otherwise adjust the franchise fee levied herein as of January 1 of any year during which the franchise is in effect, provided, that any such increase or adjustment shall not — be unreasonable nor shall it violate applicable federal ox state law or regulations. SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES 4.1 Franchisee shall conform to all applicable laws, rules and regulations of the United States, the State of Alabama and the City in the construction and operation of its cable television system, and all applicable rules and regulations of the Federal Communications Commission. 4.2 The City reserves the right to promulgate such additional regulations’ as it may find necessary in the exercise of its lawful powers, provided they are not Page 7 inconsistent with federal laws and Yegulations and do not unreasonably violate the intent of this agreement. SECTION 5. INSURANCE AND BONDS Se OY BONDS: 5.1 . AMOUNTS Franchisee shall concurrently with the filing of an acceptance of award of the franchise granted herein, furnish to the City, and all times during the existence of the franchise granted herein, maintain in full force and effect, at its own cost and expense, the following: a) A certificate of insurance evidencing general comprehensive liability coverage listing the City as additional insured with a maximum liability amount of one million dollars ($1,000,000.) b) A certificate of insurance evidencing property damage insurance coverage listing the City as additional insured with a maximum liability amount of five hundred thousand dollars ($500,000. ) 5.2 ALTERATIONS Franchisee shall not Materially change or alter the terms or conditions of the insurance policies or performance bond mentioned in this entire section except upon thirty (30) days written notice to the City. 5.3 CONTRACTORS AND SUBCONTRACTORS EE EEL ERAC TORS Franchisee shall provide coverage for any contractor Page 8 or subcontractor involved in the construction, installation, maintenance. or operation of its cable television system by either obtaining the necessary endorsements to - its insurance policies or requiring such contractor or subcontractor to obtain appropriate insurance coverage consistent with is involvement in the construction, installation, maintenance or operation of Grantee's cable television system. All insurance policies obtained under this subsection shall name the City as an additional insured. SECTION 6. SERVICES AND FEES 6.1 EXTRA-LONG DROPS If the installation of a service outlet requires an aerial drop in excess of one hundred fifty feet (150') or an underground drop, Franchisee may charge the subscriber an amount that is equal to the costs of time and materials in accordance with industry standards for that portion of the drop in excess of one hundred fifty feet (150') aerial. Franchisee shall provide the subscriber a written estimate of the costs of installing an extra-long drop and obtain such subscriber's written consent prior to any installation of such drop, provided, however, that Franchisee May require an advance payment of such costs from such subscriber as a condition of performing the requested installation. Page 9 6.2 . NON-STANDARD INSTALLATIONS RO LALLATIONS If a subscriber requests a nonstandard installation for aesthetic - purposes including, but not limited to, optional underground construction, Concealed wiring or . routing from the tap to the dwelling unit that differs from the easiest route that could otherwise be taken (usually following the telephone drop) which results in greater costs, Franchisee may charge the Subscriber for such nonstandard installation in an amount equal to the costs of time and Materials in accordance with industry standards, Franchisee shall provide such installation and obtain the subscriber's written consent prior to any such installation; Provided, however, that Franchisee may require an advance Payment of such costs from such subscriber as a condition of performing the requested installation. 6.3 COMPETING TECHNOLOGIES LE RM ROGIES Notwithstanding any other provisions of this Agreement and except as provided herein, Franchisee shall not be xrequired to provide services to subscribers by rewiring buildings already wired for a competing technology 80 as to allow the residents of said building to receive non-broadcast video services. Upon the request of any landlord or any condominium or tenant association of any building already wired for a competing technology, Franchisee, in a timely manner consistent with its construction schedule, shall undertake a good faith effort Page 10 including such pre~marketing studies as shall be appropriate to ascertain the economic viability of providing cable television service to said building. Upon completion of its ascertainment, Franchisee shall inform the person who made such request of the results of said ascertainment. Where 5 1 1 1 6 2 347 520 57 25 96.793213 the 5 1 1 1 6 3 444 525 131 26 94.552536 results 5 1 1 1 6 4 614 530 37 24 96.797157 of 5 1 1 1 6 5 691 532 76 26 96.260223 said 5 1 1 1 6 6 806 539 251 27 95.989487 ascertainment 5 1 1 1 6 7 1095 545 213 30 94.458389 demonstrate 5 1 1 1 6 8 1346 555 55 24 94.458389 the 4 1 1 1 7 0 205 586 1195 60 -1 5 1 1 1 7 1 205 586 159 25 95.040939 economic 5 1 1 1 7 2 385 588 175 35 96.504021 viability 5 1 1 1 7 3 579 596 36 23 93.236633 of 5 1 1 1 7 4 640 597 75 25 90.150223 saia 5 1 1 1 7 5 737 599 171 34 96.662704 building, 5 1 1 1 7 6 935 607 192 28 96.830704 Franchisee 5 1 1 1 7 7 1152 613 93 25 96.087013 shall 5 1 1 1 7 8 1266 619 134 27 96.172470 provide 4 1 1 1 8 0 204 651 1194 63 -1 5 1 1 1 8 1 204 651 136 25 95.504059 service 5 1 1 1 8 2 364 654 37 24 96.400337 in 5 1 1 1 8 3 423 660 191 25 96.470917 accordance 5 1 1 1 8 4 635 663 79 25 96.728729 with 5 1 1 1 8 5 736 666 56 25 94.351624 the 5 1 1 1 8 6 805 669 242 30 73.894325 ‘construction 5 1 1 1 8 7 1070 678 154 28 96.247887 schedule 5 1 1 1 8 8 1244 688 154 26 96.247887 prepared 4 1 1 1 9 0 200 717 1197 63 -1 5 1 1 1 9 1 200 717 40 31 95.546600 by 5 1 1 1 9 2 280 722 210 28 49.253021 Franchisee. 5 1 1 1 9 3 553 730 95 25 95.943359 Where 5 1 1 1 9 4 687 734 57 24 96.469681 the 5 1 1 1 9 5 784 739 134 25 95.766914 results 5 1 1 1 9 6 958 743 35 23 96.203194 of 5 1 1 1 9 7 1032 745 75 25 93.875328 Said 5 1 1 1 9 8 1147 752 250 28 93.875328 ascertainment 4 1 1 1 10 0 199 786 1192 66 -1 5 1 1 1 10 1 199 786 78 26 85.207260 fail 5 1 1 1 10 2 303 791 37 24 95.868813 to 5 1 1 1 10 3 365 792 213 29 96.658066 demonstrate 5 1 1 1 10 4 604 800 56 24 94.854828 the 5 1 1 1 10 5 685 805 158 25 95.262672 economic 5 1 1 1 10 6 864 807 176 35 96.139053 viability 5 1 1 1 10 7 1062 815 35 23 96.218018 of 5 1 1 1 10 8 1124 816 75 24 65.304993 said 5 1 1 1 10 9 1222 818 169 34 95.316940 building, 4 1 1 1 11 0 196 856 1196 59 -1 5 1 1 1 11 1 196 856 197 28 90.912209 Franchisee 5 1 1 1 11 2 419 861 93 27 96.136696 shall 5 1 1 1 11 3 533 867 134 28 95.640526 provide 5 1 1 1 11 4 689 876 18 18 95.640526 a 5 1 1 1 11 5 728 871 139 28 96.664024 written 5 1 1 1 11 6 888 878 212 30 95.771637 explanation 5 1 1 1 11 7 1123 884 36 24 96.754593 of 5 1 1 1 11 8 1182 886 56 25 96.921043 the 5 1 1 1 11 9 1261 889 131 26 95.864105 results 4 1 1 1 12 0 194 924 1198 60 -1 5 1 1 1 12 1 194 924 38 22 95.811829 of 5 1 1 1 12 2 261 925 76 24 96.405434 said 5 1 1 1 12 3 365 931 252 27 94.771797 ascertainment 5 1 1 1 12 4 643 938 37 22 94.771797 to 5 1 1 1 12 5 708 938 57 25 96.795715 the 5 1 1 1 12 6 791 947 117 24 96.610626 person 5 1 1 1 12 7 934 946 59 24 96.649490 who 5 1 1 1 12 8 1018 947 176 35 96.003571 initially 5 1 1 1 12 9 1220 959 172 25 96.229141 requested 2 1 2 0 0 0 193 990 368 34 -1 3 1 2 1 0 0 193 990 368 34 -1 4 1 2 1 1 0 193 990 368 34 -1 5 1 2 1 1 1 193 990 77 25 95.511871 said 5 1 2 1 1 2 293 996 268 28 96.285103 ascertainment. 2 1 3 0 0 0 185 1093 1202 193 -1 3 1 3 1 0 0 185 1093 1202 193 -1 4 1 3 1 1 0 190 1093 790 45 -1 5 1 3 1 1 1 190 1093 139 25 95.618607 SECTION 5 1 3 1 1 2 351 1097 31 23 95.618607 7. 5 1 3 1 1 3 564 1105 218 26 96.158127 MAINTENANCE 5 1 3 1 1 4 803 1111 38 22 96.857971 OF 5 1 3 1 1 5 862 1112 118 26 96.146378 SYSTEM 4 1 3 1 2 0 561 1129 420 17 -1 5 1 3 1 2 1 561 1129 77 8 0.000000 SRR 5 1 3 1 2 2 638 1131 343 15 0.000000 RRANCE 5 1 3 1 2 3 803 1110 38 41 95.693100 OF 5 1 3 1 2 4 861 1129 120 17 94.547363 SYSTEM 4 1 3 1 3 0 367 1164 1020 50 -1 5 1 3 1 3 1 367 1164 116 32 95.931190 During 5 1 3 1 3 2 528 1168 55 25 96.128113 the 5 1 3 1 3 3 629 1172 78 24 96.249695 term 5 1 3 1 3 4 751 1175 37 23 95.694550 of 5 1 3 1 3 5 834 1177 75 25 90.303314 this 5 1 3 1 3 6 956 1181 189 31 94.745995 Ordinance, 5 1 3 1 3 7 1194 1188 193 26 94.745995 Franchisee 4 1 3 1 4 0 185 1226 1200 60 -1 5 1 3 1 4 1 185 1226 97 27 92.818192 shall 5 1 3 1 4 2 313 1231 176 27 91.500496 mainatain 5 1 3 1 4 3 520 1235 54 26 96.358940 its 5 1 3 1 4 4 606 1240 95 24 96.358940 cable 5 1 3 1 4 5 733 1242 196 28 96.041458 television 5 1 3 1 4 6 958 1251 115 27 96.649895 system 5 1 3 1 4 7 1100 1252 39 24 96.839241 in 5 1 3 1 4 8 1167 1255 76 27 96.003883 good 5 1 3 1 4 9 1271 1258 114 28 96.397690 repair 2 1 4 0 0 0 183 1296 271 29 -1 3 1 4 1 0 0 183 1296 271 29 -1 4 1 4 1 1 0 183 1296 271 29 -1 5 1 4 1 1 1 183 1296 59 23 96.055679 and 5 1 4 1 1 2 264 1298 190 27 89.554718 condition. 2 1 5 0 0 0 181 1398 1064 48 -1 3 1 5 1 0 0 181 1398 1064 48 -1 4 1 5 1 1 0 181 1398 1064 48 -1 5 1 5 1 1 1 181 1398 139 26 95.509171 SECTION 5 1 5 1 1 2 342 1401 31 23 96.638367 8. 5 1 5 1 1 3 499 1407 215 26 92.222282 CONSTUCTION 5 1 5 1 1 4 734 1413 236 30 93.474777 REQUIREMENTS 5 1 5 1 1 5 990 1419 58 23 96.779839 AND 5 1 5 1 1 6 1071 1421 174 25 96.123177 STANDARDS 2 1 6 0 0 0 172 1463 1207 392 -1 3 1 6 1 0 0 180 1463 511 36 -1 4 1 6 1 1 0 180 1463 511 36 -1 5 1 6 1 1 1 180 1463 57 24 93.336403 8.1 5 1 6 1 1 2 555 1473 136 26 96.339149 GENERAL 3 1 6 2 0 0 172 1537 1207 318 -1 4 1 6 2 1 0 357 1537 1022 46 -1 5 1 6 2 1 1 357 1537 194 26 91.547668 Franchisee 5 1 6 2 1 2 609 1542 95 25 82.604240 shall 5 1 6 2 1 3 763 1549 190 27 79.782005 construct, 5 1 6 2 1 4 1013 1551 152 31 94.282700 install, 5 1 6 2 1 5 1223 1557 156 26 88.809998 maintain 4 1 6 2 2 0 175 1601 1204 54 -1 5 1 6 2 2 1 175 1601 59 22 96.752045 and 5 1 6 2 2 2 262 1605 137 26 96.752045 operate 5 1 6 2 2 3 429 1604 54 25 96.646904 its 5 1 6 2 2 4 514 1608 94 25 96.646904 cable 5 1 6 2 2 5 637 1611 198 26 96.474701 television 5 1 6 2 2 6 863 1618 117 27 95.993866 system 5 1 6 2 2 7 1008 1618 36 24 92.352852 in 5 1 6 2 2 8 1073 1626 17 17 92.352852 a 5 1 6 2 2 9 1120 1622 91 28 96.355659 safe, 5 1 6 2 2 10 1244 1625 135 30 94.841866 orderly 4 1 6 2 3 0 173 1668 1200 53 -1 5 1 6 2 3 1 173 1668 60 23 95.970978 and 5 1 6 2 3 2 268 1670 216 27 96.121193 workmanlike 5 1 6 2 3 3 520 1681 116 20 96.121193 manner 5 1 6 2 3 4 674 1679 179 35 93.502846 utilizing 5 1 6 2 3 5 887 1684 79 30 95.969864 only 5 1 6 2 3 6 998 1687 177 26 95.585670 materials 5 1 6 2 3 7 1210 1690 36 24 95.849327 of 5 1 6 2 3 8 1282 1693 91 28 95.022736 good, 4 1 6 2 4 0 172 1736 1205 54 -1 5 1 6 2 4 1 172 1736 139 26 95.739464 durable 5 1 6 2 4 2 375 1741 137 31 95.854919 quality 5 1 6 2 4 3 574 1744 78 25 95.912064 with 5 1 6 2 4 4 717 1748 58 24 96.115608 due 5 1 6 2 4 5 841 1754 136 27 95.950798 respect 5 1 6 2 4 6 1041 1755 57 24 95.901001 for 5 1 6 2 4 7 1164 1757 213 33 95.515373 engineering 4 1 6 2 5 0 172 1805 1198 50 -1 5 1 6 2 5 1 172 1805 275 27 95.999367 considerations 5 1 6 2 5 2 482 1812 57 22 95.999367 and 5 1 6 2 5 3 575 1811 36 25 95.258034 in 5 1 6 2 5 4 645 1816 199 24 95.258034 accordance 5 1 6 2 5 5 877 1818 80 25 96.846062 with 5 1 6 2 5 6 991 1821 195 29 96.546059 applicable 5 1 6 2 5 7 1221 1826 149 29 96.911308 federal, 2 1 7 0 0 0 171 1873 726 37 -1 3 1 7 1 0 0 171 1873 726 37 -1 4 1 7 1 1 0 171 1873 726 37 -1 5 1 7 1 1 1 171 1873 97 23 96.232246 state 5 1 7 1 1 2 289 1875 58 22 96.898445 and 5 1 7 1 1 3 371 1875 94 25 96.537598 local 5 1 7 1 1 4 489 1877 73 24 96.768150 laws 5 1 7 1 1 5 585 1881 57 22 96.580696 and 5 1 7 1 1 6 664 1882 233 28 92.530624 regulations. 2 1 8 0 0 0 759 2092 36 23 -1 3 1 8 1 0 0 759 2092 36 23 -1 4 1 8 1 1 0 759 2092 36 23 -1 5 1 8 1 1 1 759 2092 36 23 72.504776 Lo Page 11 8.2 ' RESTORATION Franchisee shall promptly restore or replace the © public way or private Property in as good a condition as before the work causing such disturbance was done; provided, however, that where conditions prohibit prompt restoration or replacement of the public way, Franchisee's time for restoration shall be extended automatically for an appropriate period of time to complete such restoration. Franchisee shall conduct all restoration or replacement in a competent and efficient manner minimizing disruption and inconvenience to others. 8.3 TREE TRIMMING Franchisee shall have the authority to trim trees Upon and overhanging public streets and public ways and places of the franchise area so as to prevent the branches of such trees from coming in contact with the wires and: cables of the Franchisee and shall be responsible for debris removal from such activities. Prior to trimming, the City shall be notified and the City may require additional trimming to ensure aesthetics, provided that any such additional trimming shall be done at the expense of the City. SECTION 9. EXTENSION OF SERVICE Sa OF SERVICE 9.1 NEW DEVELOPMENTS Franchisee’ shall, upon its sole determination that such extension of service is economically and technically feasible, provide service to all new developments il Page 12 located within a portion of the franchise where construction of Franchisee'g cable television system has been completed ‘or is in the process of being completed. 9.2 DEVELOPER RESPONSIBILITIES EA BILITIES Subject to state law, a developer shall be required to, at his own expense, make available trenches and install conduit for the technical specifications required by Franchisee and Presented to developer in writing. 9.3 ANNEXATION Upon annexation by the City of any new territory Gontiguous to its franchise, Franchisee shall, upon its sole determination that such extension of service is economically and technically feasible, provide service to said area Upon terms and conditions mutually agreed to by the City and Franchisee, SECTION lo. LEASED ACCESS Franchisee shall provide leased access channel capacity on its subscriber network system for local commercial use as soon as feasible in accordance with Section 612 of the Cable Communications Policy Act of 1984, SECTION 11. - PARENTAL CONTROL, DEVICE aS EEROL DEVICE Franchisee shall make available suitable devices for limiting access to certain cable channels. SECTION 12. EQUAL EMPLOYMENT OPPORTUNITY Franchisee shall comply with all provisions of Section 634 of the Cable Communications Policy Act of 1984, 12 Page 13 SECTION 13. CONSUMER SERVICES Franchise shall establish and maintain offices and provide personnel, telephone service and other equipment, as needed, te ensure timely, efficient and effective service to customers, All business offices of Franchisee shall have a locally listed telephone number and at a minimum be open for hours during a normal business day. SECTION 14. PRIVACY Franchisee shall be bound by all of the provisions of Section 631 of the Cable Communications Act of 1984, SECTION 15. RENEWAL OF FRANCHISE A. During the six (6) month period which begins with the thirty-sixth (36th) month before the franchise expiration, the City may on its own initiative and shall at the request of the Franchisee commence proceedings which afford the public in the City appropriate notice and participation for the purposes of identifying the future cable related needs and interests of the City and reviewing the performance of the Franchisee under its Franchise. Upon completion of the procedding, the Franchisee may submit an application for renewal. B. The City shall provide public notice of the Franchisee's application for renewal and, during the four (4) month period which begins upon the completion of the proceedings under Subsection A above, renew the Franchise or issue a preliminary assessment that the Franchise should 13 Page 14 not be renewed and, at the request of the Franchisee or on its own initiative hold a public hearing, giving notice to the Franchisee and the public to consider: 1. Whether the Franchisee has substantially complied with the material terms of the exist- ing Franchise and applicable law; 2. Whether the quality of the Franchisee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to other services provided over the system, has been reasonable in light of the City's needs; 3. Whether the Franchisee has the financial, legal and technical ability to provide the Services, facilities, and equipment as set forth in the Franchisee's application; and 4. Whether the Franchisee's application is reasonable to meet the future cable-related needs and interests of the City, taking into account the costs of meeting such needs and interests. The City shall make a transcript of such hearing and the Franchisee shall be afforded opportunity for full participation, including the right to introduce evidence, to require the production of evidence, and to question witnesses, 14 Page 15 —, om Cc. At the completion of the hearing, the City Shall issue a written decision granting or denying the franchisee'g application for renewal based upon the record of the hearing and transmit a copy of the decision to the franchisee. The written decision shall state the reasons for the City's decision. D. Any denial of an application for ‘renewal shall be based on one or more adverse . Findings made with respect to the factors described in subparagraph B above, pursuant to the transcript of the hearing. E. In the event the City deems it necessary, the City may hire an independent consulting agency or consultant to advise the City with regard to all the matters set forth hereinabove. The reasonable cost of said advice in connection with the renewal proceedings on behalf of the franchisee shall be borne by the franchisee and paid to the City if the Franchisee is awarded a new franchise. SECTION 16. TERMINATION OF FRANCHISE a _ ERANCHISE 16.1 REVOCATION FOR CAUSE ENR SAUSE Pursuant to sections 626 and 627 of the Cable Communications Policy Act of 1984, the £ fanchise granted hereunder may be terminated by the City prior to its date of expiration for the following reasons: 15 Page 16 am, (1) Franchisee has repeatedly failed to comply with any material provisions of this Ordinance, (2) Franchisee has repeatedly failed to comply with any order of the Federal Communications Commission, or other Provisions of the Cable Communications Policy Act of 1984. 16.2 : PROCEDURES The procedure to be followed resulting in termination for any of the above reasons, save Franchisee's request, will be; (a) City Council will direct in writing Franchisee to correct such deficiencies or comply with such regulations within. thirty (30) days or a reasonable period of time. (b) Failure to do so will cause the matter of termination to be brought before the City Council for hearing; (c) At such hearing the Franchisee and other interested parties may offer evidence explaining or. mitigating such noncompliance. The City Council will make the determination ag to whether such noncompliance was with just cause. In any event the City Council may fix an additional time period to cure such deficiency(ies). If this has not been effected at the expiration of this additional extended period, the City Council May pass a resolution declaring the franchise to be terminated and forfeited. (da) If the Operator appeals the revocation and termination of the franchise through legal remedies, 16 Page 17 the revocation of such franchise shall be held in abeyance pending such judicial review by. @ court of competent jurisdiction, provided appropriate bond is posted by Franchisee; (e) Provided, nothing contained in the above sections of this section shall prevent the issuance of a new franchise by the City Council to any Operator who has had a franchise revoked, on satisfactory assurance made to the City Council that the terms and conditions required by City can be met by the former Operator. 16.3 BFFECT OF TERMINATION FOR NONCOMPLIANCE aa Oe NONCOMPLIANCE If the franchise granted herein is terminated by the City by reason of Franchisee's noncompliance, that part of the system located in the streets and public property shall, at the election of the City, become the property of the City at a cost consistent with the provisions of Section 627(b)(1) of the Cable Communications Policy act of 1984, with a reduction for any damages and cost incurred by the City in connection with such termination. SECTION 17. THEFT OF SERVICE AND TAMPERING EE BAD TAMPERING 17.1 DEFINITIONS (1) A person is guilty of theft of cable television Services if, with intent to avoid payment by himself or another person of the lawful charge for any service of a cable antenna television system he: (a) tampers or makes connection with the equipment of the supplier, whether 17 Page 18 by mechanical, electrical, acoustical, or other means; or (b) offers for sale or otherwise makes available, to anyone other than the cable antenna television system for such system's own use in the provision of its services, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming, or individually addressed switching imposed by the cable antenna television service provider of any such telecommunications service to restrict the delivery of such service; or (c) uses any other artifice, trick, deception, code or other device to obtain cable service without payment of the established charges. (2) For the purpose of this section the telecommuncations decoder or descrambler in subsection (L)(b) ox the equipment described in subsections (3) and (4) of this section does not include any nondecoding and nondescrambling channel frequency converter or any television receiver type ‘accepted by the Federal Communications Commission. (3) In any prosecution under this section of the franchise, proof that telecommunications equipment, including without limitation, any cable television converter, descrambler, or related equipment, has been tampered with or - otherwise intentionally prevented from performing its functions of control of service delivery without the consent of the supplier of the service, or that telecommunications 18 . Page 19 equipment, including without limitation,- any cable television converter ,. descrambler, receiver, or related equipment, has been connected to the equipment of the supplier of the service without the consent of the Supplier of the - Service, creates a presumption that the resident o£ whom the service that is at the time being furnished by or through Some equipment has, with intent to avoid payment by himself or another person for a Prospective or already rendered Service, created or Caused to be created with reference to such equipment, the condition so existing. A person who tampers with such a device or equipment without the consent of the supplier of the service is presumed to do s0 with intent to avoid, or to enable another to avoid, payment for the service involved. (4) In any prosecution as provided herein, proof that any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming, or individually addressed switching imposed by the provider of any such telecommunications Service to restrict the delivery of such service, has been offered for sale or otherwise made available by anyone other than the supplier of such service creates a presumption that the person offering such equipment for sale or otherwise making it available has, with intent to avoid payment by himself or another person of the lawful charge for such service, obtained or attempted to obtain rg Page 20 such service for himself or another person or avoided or attempted to avoid payment therefore by himself or another person. 17.2 FINES AND PENALTIES . (1) Theft of cable television service is an offense against the City. (2) Any person aggrieved by any violation of this section of the franchise agreement may bring a civil action in the appropriate court in the State of Alabama. (3) The court may: (a) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection 18.1 of this Ordinance; (bo) direct the recovery. of full costs, including awarding reasonable attorney's fees, to an aggrieved party who prevails; (c) award damages to he computed in accordance with either of the following: (i) the party aggrieved May recover the actual damages suffered by him as a result of th violation and any profits of the violator that are attributable to the violation that are not taken “into account in computing the actual damages. In determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or (ii) in addition to actual damages the party aggrieved may recover any award of 20 Page 21 oo, Statutory damages for all violation involved in this action, in a sum of not less than two hundred fifty dollars or more than ten thousand dollars, as the court considers just; (a) upon conviction of theft of cable television services, order the seizure of any decoder, descrambler or other device, the use of which is prohibited herein as contraband and dispose of it at the court's discretion. (4) Any person convicted of violating any provision of the above sections shall be guilty of an offense against the City punishable by a fine of $500 and/or six months in jail. SECTION 18. MISCELLANEOUS PROVISIONS —_ Se PROVISIONS 18.1 GOVERNING LAW This Ordinance shall be construed pursuant to the laws of the State of Alabama. 18.2 DESCRIPTIVE HEADINGS Section headings are descriptive and used merely for the purpose of organization | and where inconsistent with the text are to be disregarded. 18.2 MODIFICATIONS In the event of unforeseen circumstances beyond Franchisee's control that occur in connection with the construction, installation, maintenance or operation of its cable television system, Franchisee shall have the right to petition the municipality for modifications of the terms and/or the Ordinance where modifications sought 21 Page 22 stm, cane by Franchisee are shown to be necessary to ensure the economic viability of its cable television system. 18.4 SEVERABILITY af any provision of this Ordinance or any portion of any provision hereof is deemed invalid under any applicable ordinance or rule of law, such provision shall be, to the extent invalid, deemed omitted and all remaining provisions shall remain in full force and effect. 18.5 . FORCE MAJEURE In the event that Franchisee's performance of any of the terms, conditions, obligations or requirements ef this Ordinance is prevented or impaired due to any cause(s) beyond its reasonable control, including but not limited to Acts of God, labor disputes, manufacturers' or contractors’ inability to timely provide personnel or material, failure of transportation, or any cause not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. 18.6 APPLICABLE FEDERAL, STATE LAWS enna a ane mrnnlnek Maeno ZA L All provisions of this Ordinance are subject to applicable state or federal laws, rules and regulations, and shall be governed by and shall be construed in accordance therewith. 22 Page 23 ATTEST: Br C. Maeve ve THE CITY CLERK OF THE CITY OF PRICHARD The foregoing terms and conditions of cable T.V. franchise are hereby accepted in full this i5th day of March , 1988. COMCAST CABLEVISION CORPORATION OF MOBILE, INC. FRANCHISEE CLERK'S. CERTIFICATE: Ordinance Number 1679 was passed by a unanimous vote of the City Council, the Mayor's veto not-withstanding, at a Regular Meeting of the City Council held on April 5, 1988, in the City Hall of the City of Prichard, Alabama. This Council action can be found in Eva C. Greene, City Clerk-Treasurer Minute Book #117. 24 Page 24 SECTION 19. PUBLICATION AND EFFECTIVE DATE The Mayor shall sign this Ordinance and ches City Clerk’ shall attest to the same but its enactment is conditioned Upon acceptance as provided in Section 20 below. LE — fails to accept the same without modification, this Ordinance shall not become of force and effect. Upon becoming of force and effect the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation inthe City of Prichard with costs of publication to be paid by Franchisee. SECTION 20. WRITTEN ACCEPTANCE Within thirty (30) days of its effective date, Franchisee shall accept this franchise granted pursuant to this Ordinance by filing with the City Clerk of the City of Prichard, written acceptance of the terms and conditions set forth herein. ADOPTED THIS 15th DAY OF March 71988. ——March I certify that the foregoing Ordinance was adopted by the = i i THE MAYOR OF THE CITY OF PRICHARD La J A City Council of the City of Prichard on this 15th of March i 1988. ea } —_————--_- \ 2 FI / CLERK'S CERTIFICATE: * : ( — \ Ordinance Number 1679 was passed by a unanimous vote of the City Council, the Mayor's veto not-withstanding, at a Regular Meeting of the City Council held on April 5, 1988, in the City Hall of the City of Prichard, Alabama. This Council action can be found in Minute Book #117. _ Fete LZ, Meee 2 Eva C. Greene, City Clerk-Treasurer 23 PLEASE PUBLISH: pRRSS M~AV 12 1000