Page 1 %y ORDINANCE NO._ 31679 - 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 éf 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 6 3 1 3 571 1509 198 23 96.529266 Subscriber 5 1 6 3 1 4 792 1506 174 23 90.567085 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. CATV or Cable 5 1 2 1 1 5 825 180 199 25 96.238617 television 5 1 2 1 1 6 1052 184 152 28 91.278946 system:: 5 1 2 1 1 7 1234 186 21 21 94.617287 A 5 1 2 1 1 8 1281 189 117 26 94.617287 system 4 1 2 1 2 0 182 247 1210 35 -1 5 1 2 1 2 1 182 247 37 22 90.314270 of 5 1 2 1 2 2 266 249 172 26 94.764534 antennas, 5 1 2 1 2 3 489 248 132 28 96.032936 cables, 5 1 2 1 2 4 670 247 214 31 93.272987 amplifiers, 5 1 2 1 2 5 912 261 4 3 0.000000 - 5 1 2 1 2 6 932 248 115 29 0.000000 wires, 5 1 2 1 2 7 1098 250 112 28 94.700607 lines, 5 1 2 1 2 8 1261 254 131 28 94.763100 towers, 4 1 2 1 3 0 180 296 1212 52 -1 5 1 2 1 3 1 180 312 179 25 85.948082 microwave 5 1 2 1 3 2 396 313 112 28 96.174034 links, 5 1 2 1 3 3 546 314 214 30 96.328140 waveguides, 5 1 2 1 3 4 801 314 97 23 90.684258 laser 5 1 2 1 3 5 933 296 121 47 96.446251 beams, 5 1 2 1 3 6 1087 317 137 29 95.614288 optical 5 1 2 1 3 7 1261 318 131 30 96.390747 fibers, 4 1 2 1 4 0 183 380 1209 36 -1 5 1 2 1 4 1 183 380 211 28 95.649605 satellites, 5 1 2 1 4 2 451 384 212 26 96.155899 converters, 5 1 2 1 4 3 720 382 214 28 95.980499 conductors, 5 1 2 1 4 4 990 384 238 25 94.097099 transmission 5 1 2 1 4 5 1281 386 111 30 88.630119 lines, 4 1 2 1 5 0 182 447 1214 32 -1 5 1 2 1 5 1 182 447 177 31 96.250931 equipment 5 1 2 1 5 2 396 455 38 16 96.420380 or 5 1 2 1 5 3 471 448 195 25 96.114471 facilities 5 1 2 1 5 4 703 449 159 30 96.626137 designed 5 1 2 1 5 5 899 451 58 22 95.918892 and 5 1 2 1 5 6 993 453 217 23 96.023460 constructed 5 1 2 1 5 7 1247 453 57 24 96.269798 for 5 1 2 1 5 8 1339 455 57 24 96.269798 the 4 1 2 1 6 0 180 516 1211 35 -1 5 1 2 1 6 1 180 520 138 24 94.215973 purpose 5 1 2 1 6 2 374 516 36 22 93.597511 of 5 1 2 1 6 3 464 516 193 29 94.998352 producing, 5 1 2 1 6 4 715 516 194 30 86.434723 receiving, 5 1 2 1 6 5 969 518 151 30 95.192963 storing, 5 1 2 1 6 6 1178 521 213 30 96.190163 processing, 4 1 2 1 7 0 181 581 1210 41 -1 5 1 2 1 7 1 181 581 251 30 95.223038 transmitting, 5 1 2 1 7 2 464 582 213 30 93.240921 amplifying, 5 1 2 1 7 3 709 583 197 24 91.515106 scrambline 5 1 2 1 7 4 932 585 58 22 96.890053 and 5 1 2 1 7 5 1015 585 239 31 96.653534 distributing 5 1 2 1 7 6 1273 588 118 34 96.591881 audio, 4 1 2 1 8 0 179 648 1217 31 -1 5 1 2 1 8 1 179 648 114 27 95.453239 video, 5 1 2 1 8 2 327 648 137 29 95.506416 digital 5 1 2 1 8 3 496 650 57 22 96.660141 and 5 1 2 1 8 4 583 650 97 22 96.336639 other 5 1 2 1 8 5 712 650 100 23 96.484268 forms 5 1 2 1 8 6 838 651 37 22 96.628654 of 5 1 2 1 8 7 906 651 197 25 95.979698 electronic 5 1 2 1 8 8 1131 660 39 17 96.198013 or 5 1 2 1 8 9 1199 654 197 25 95.804901 electrical 4 1 2 1 9 0 181 714 1215 34 -1 5 1 2 1 9 1 181 714 134 30 95.674271 signals 5 1 2 1 9 2 350 717 38 22 95.992241 to 5 1 2 1 9 3 422 716 217 30 96.059563 subscribing 5 1 2 1 9 4 671 718 139 22 96.476845 members 5 1 2 1 9 5 844 718 37 23 96.169174 of 5 1 2 1 9 6 917 718 58 23 96.772644 the 5 1 2 1 9 7 1008 719 118 29 96.463737 public 5 1 2 1 9 8 1158 721 59 23 96.472832 for 5 1 2 1 9 9 1248 727 19 17 94.509132 a 5 1 2 1 9 10 1299 721 97 25 94.509132 fixed 4 1 2 1 10 0 179 782 272 30 -1 5 1 2 1 10 1 179 788 38 17 95.094208 or 5 1 2 1 10 2 238 782 118 30 96.727394 period 5 1 2 1 10 3 379 783 72 23 94.663437 fee. 3 1 2 2 0 0 177 845 1220 171 -1 4 1 2 2 1 0 354 845 1043 38 -1 5 1 2 2 1 1 354 845 37 38 26.804916 Cc. 5 1 2 2 1 2 478 849 189 24 93.658867 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 4 4 1 5 815 1872 277 25 96.140213 Communications 5 1 4 4 1 6 1116 1874 235 25 96.067947 Commission: That agency as is presently constituted by the United States Page 3 Congress or any. successor agency with jurisdiction. over CATV matters. H. Franchise: The nonexclusive right or authority to construct, operate and maintain a cable television system by use of the City-ownea 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 3 603 897 157 30 96.318771 Receipts 5 1 1 4 1 4 790 897 139 23 96.475876 Derived 5 1 1 4 1 5 959 898 77 22 96.395432 from 5 1 1 4 1 6 1064 898 98 23 96.098564 Cable 5 1 1 4 1 7 1192 897 192 24 95.769058 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 5 1 1 5 1 3 650 1235 118 22 91.969322 Access 5 1 1 5 1 4 812 1233 175 23 96.108849 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 5 1 1 7 1 3 695 1633 173 24 59.788322 Service: Programming services ever and above those provided by Franchisee as part of its basic service for which there is an additional charge. N. Property 5 1 1 8 1 3 711 1836 37 23 91.059021 of 5 1 1 8 1 4 800 1834 235 25 72.373024 Franchisee: All property owned, installed or used by a Franchisee in the conduct Page 4 ay of a CATV business in the City under the authority of a franchise granted pursuant to this ordinance. O. Street: The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, easement, xight 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 2.1 GRANT OF FRANCHISE 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 The term of the franchise granted herein’ shail 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 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 aue Page 6 % 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 verified 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 ef 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 or 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 ay inconsistent with federal laws and regulations and do not unreasonably violate the intent of this agreement. SECTION 5. INSURANCE AND 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 ef 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 Franchisee shall provide coverage for any contractor Page 8 aa 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 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 Notwithstanding any other provisions of this Agreement and except as provided herein, Franchisee shall not be required to provide services to subscribers by rewiring buildings already wired for a competing technology so 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 the results of said ascertainment demonstrate the economic viability of said building, Franchisee shall provide service in accordance with the construction schedule prepared by Franchisee. Where the results of said ascertainment fail to demonstrate the economic viability of said building, Franchisee shall provide a written explanation of the results of said ascertainment to the person who initially requested said ascertainment, SECTION 7. MAINTENANCE OF SYSTEM During the term of this Ordinance, Franchisee shall mainatain its cable television system in good repair and condition. SECTION 8. CONSTUCTION REQUIREMENTS AND STANDARDS 8.1 GENERAL Franchisee shall construct, install, maintain and operate its cable television system in a safe, orderly and workmanlike manner utilizing only materials of good, durable quality with due respect for engineering considerations and in accordance with applicable federal, state and local laws and regulations. 10 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 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's cable television system has been completed ox is in the process of being completed. 9.2 DEVELOPER RESPONSIBILITIES 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 contiguous 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 10. 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 ll. : PARENTAL CONTROL 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 or SECTION 13. _ CONSUMER SERVICES Franchise shall establish and maintain ‘offices and provide personnel, telephone service and other equipment, as needed, to 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 - te 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 Cc. At the completion of the hearing, the City shall issue a written decision granting or denying the franchisee's 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 16.1 REVOCATION FOR CAUSE Pursuant to sections 626 and 627 of the Cable Communications Policy Act of 1984, the franchise granted hereunder may be terminated by the City prior to its date of expiration for the following reasons: Page 16 (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 he 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 as 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. (d) If the Operator appeals the revocation and termination of the franchise through legal remedies, 16 Page 17 al the revocation of such franchise shall be held in abeyance pending such judicial review by.a 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 EFFECT OF TERMINATION FOR 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 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 (1)(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 séction 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 of 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 so 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 G 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; (b) direct the recovery. of full costs, including awarding reasonable attorney's fees, to an aggrieved party who prevails; (c) award 5 1 5 4 6 8 1116 1156 134 30 95.611320 damages 5 1 5 4 6 9 1289 1158 37 22 95.418961 to 5 1 5 4 6 10 1364 1157 39 23 95.418961 be 4 1 5 4 7 0 184 1222 1214 31 -1 5 1 5 4 7 1 184 1224 157 29 96.355186 computed 5 1 5 4 7 2 374 1223 37 24 96.056648 in 5 1 5 4 7 3 443 1224 198 22 96.366531 accordance 5 1 5 4 7 4 672 1222 80 24 96.290237 with 5 1 5 4 7 5 784 1222 119 24 95.920128 either 5 1 5 4 7 6 934 1223 37 23 95.920128 of 5 1 5 4 7 7 1004 1223 58 23 96.573288 the 5 1 5 4 7 8 1095 1223 194 29 96.654549 following: 5 1 5 4 7 9 1350 1223 48 27 92.358711 (i) 2 1 6 0 0 0 183 1290 1221 30 -1 3 1 6 1 0 0 183 1290 1221 30 -1 4 1 6 1 1 0 183 1290 1221 30 -1 5 1 6 1 1 1 183 1291 59 23 96.390900 the 5 1 6 1 1 2 267 1292 101 28 96.088127 party 5 1 6 1 1 3 393 1290 178 29 96.199814 aggrieved 5 1 6 1 1 4 597 1296 61 23 96.745903 may 5 1 6 1 1 5 684 1296 138 17 96.037712 recover 5 1 6 1 1 6 849 1290 58 23 96.334190 the 5 1 6 1 1 7 935 1290 118 23 95.100006 actual 5 1 6 1 1 8 1079 1290 138 29 95.100006 damages 5 1 6 1 1 9 1247 1290 157 23 95.989433 suffered 2 1 7 0 0 0 180 1357 1223 30 -1 3 1 7 1 0 0 180 1357 1223 30 -1 4 1 7 1 1 0 180 1357 1223 30 -1 5 1 7 1 1 1 180 1359 42 28 96.324539 by 5 1 7 1 1 2 250 1358 60 23 95.767296 him 5 1 7 1 1 3 337 1365 36 16 96.244347 as 5 1 7 1 1 4 404 1365 17 16 95.854172 a 5 1 7 1 1 5 450 1358 119 23 95.286354 result 5 1 7 1 1 6 597 1358 36 23 94.568207 of 5 1 7 1 1 7 664 1358 39 23 94.568207 th 5 1 7 1 1 8 730 1357 179 24 96.304932 violation 5 1 7 1 1 9 938 1358 58 23 95.568855 and 5 1 7 1 1 10 1025 1364 59 23 95.568855 any 5 1 7 1 1 11 1111 1358 138 29 96.030853 profits 5 1 7 1 1 12 1279 1359 36 22 96.516060 of 5 1 7 1 1 13 1345 1359 58 22 96.516060 the 2 1 8 0 0 0 183 1425 1222 429 -1 3 1 8 1 0 0 183 1425 1222 429 -1 4 1 8 1 1 0 183 1425 1220 24 -1 5 1 8 1 1 1 183 1425 159 24 96.185181 violator 5 1 8 1 1 2 377 1426 78 23 96.185181 that 5 1 8 1 1 3 491 1432 57 16 96.857765 are 5 1 8 1 1 4 584 1425 238 24 96.013885 attributable 5 1 8 1 1 5 858 1427 38 21 96.476593 to 5 1 8 1 1 6 930 1425 57 23 96.551750 the 5 1 8 1 1 7 1021 1425 179 23 96.232445 violation 5 1 8 1 1 8 1234 1426 78 23 96.379761 that 5 1 8 1 1 9 1345 1432 58 17 96.655548 are 4 1 8 1 2 0 183 1491 1216 30 -1 5 1 8 1 2 1 183 1495 59 21 96.022652 not 5 1 8 1 2 2 279 1494 98 22 95.753548 taken 5 1 8 1 2 3 414 1493 78 23 77.495285 into 5 1 8 1 2 4 529 1494 138 22 95.959396 account 5 1 8 1 2 5 704 1492 39 23 96.389297 in 5 1 8 1 2 6 780 1491 179 30 96.153046 computing 5 1 8 1 2 7 995 1492 57 23 96.582413 the 5 1 8 1 2 8 1090 1492 118 23 95.884216 actual 5 1 8 1 2 9 1245 1493 154 28 95.098419 damages. 4 1 8 1 3 0 185 1559 1219 30 -1 5 1 8 1 3 1 185 1563 37 21 96.976173 In 5 1 8 1 3 2 254 1560 218 29 95.993904 determining 5 1 8 1 3 3 502 1560 58 23 93.012695 the 5 1 8 1 3 4 589 1559 199 24 92.096771 violator's 5 1 8 1 3 5 819 1559 155 29 95.742973 profits, 5 1 8 1 3 6 1008 1559 58 23 96.143990 the 5 1 8 1 3 7 1096 1561 100 27 96.068214 party 5 1 8 1 3 8 1226 1559 178 29 96.584343 aggrieved 4 1 8 1 4 0 185 1625 1215 30 -1 5 1 8 1 4 1 185 1627 97 23 96.567551 shall 5 1 8 1 4 2 303 1627 39 23 96.660583 be 5 1 8 1 4 3 364 1625 158 30 96.132462 required 5 1 8 1 4 4 544 1628 38 21 96.590858 to 5 1 8 1 4 5 603 1632 99 23 96.556023 prove 5 1 8 1 4 6 725 1625 79 29 96.185356 only 5 1 8 1 4 7 824 1625 58 23 93.272568 the 5 1 8 1 4 8 904 1625 198 23 92.405342 violator's 5 1 8 1 4 9 1126 1632 97 22 96.082237 gross 5 1 8 1 4 10 1247 1632 153 20 96.102478 revenue, 4 1 8 1 5 0 184 1691 1220 30 -1 5 1 8 1 5 1 184 1694 59 23 96.278984 and 5 1 8 1 5 2 271 1694 58 23 96.663841 the 5 1 8 1 5 3 356 1692 160 24 96.403511 violator 5 1 8 1 5 4 546 1693 96 23 96.529243 shall 5 1 8 1 5 5 671 1693 38 22 96.770622 be 5 1 8 1 5 6 738 1691 158 30 96.300163 required 5 1 8 1 5 7 925 1694 39 21 96.300163 to 5 1 8 1 5 8 991 1698 99 23 96.675102 prove 5 1 8 1 5 9 1119 1691 57 24 96.344040 his 5 1 8 1 5 10 1206 1692 198 24 95.868980 deductible 4 1 8 1 6 0 185 1759 1219 31 -1 5 1 8 1 6 1 185 1767 156 23 96.287796 expenses 5 1 8 1 6 2 369 1761 58 23 96.340385 and 5 1 8 1 6 3 455 1761 57 22 95.981544 the 5 1 8 1 6 4 540 1761 156 22 96.394104 elements 5 1 8 1 6 5 724 1760 37 23 95.751770 of 5 1 8 1 6 6 789 1759 119 30 96.228668 profit 5 1 8 1 6 7 935 1759 239 24 96.204063 attributable 5 1 8 1 6 8 1202 1762 38 21 96.054276 to 5 1 8 1 6 9 1268 1760 136 23 96.054276 factors 4 1 8 1 7 0 184 1826 1221 28 -1 5 1 8 1 7 1 184 1829 98 23 94.930489 other 5 1 8 1 7 2 318 1828 78 24 96.047760 than 5 1 8 1 7 3 431 1828 58 23 96.266747 the 5 1 8 1 7 4 524 1827 194 27 96.004692 violation; 5 1 8 1 7 5 758 1834 38 16 96.731003 or 5 1 8 1 7 6 837 1826 68 27 95.764565 (ii) 5 1 8 1 7 7 946 1826 38 24 95.601921 in 5 1 8 1 7 8 1019 1826 159 24 95.947983 addition 5 1 8 1 7 9 1214 1829 38 22 96.386734 to 5 1 8 1 7 10 1287 1827 118 23 95.255280 actual 2 1 9 0 0 0 184 1894 1220 31 -1 3 1 9 1 0 0 184 1894 1220 31 -1 4 1 9 1 1 0 184 1894 1220 31 -1 5 1 9 1 1 1 184 1896 137 29 76.920212 damages 5 1 9 1 1 2 368 1895 57 23 94.384872 the 5 1 9 1 1 3 470 1897 100 27 95.711388 party 5 1 9 1 1 4 614 1894 179 30 94.683495 aggrieved 5 1 9 1 1 5 837 1900 61 23 94.683495 may 5 1 9 1 1 6 941 1899 138 18 88.670700 recover 5 1 9 1 1 7 1123 1900 60 23 94.371086 any 5 1 9 1 1 8 1226 1894 98 24 95.309380 award 5 1 9 1 1 9 1368 1894 36 23 96.743958 of 2 1 10 0 0 0 784 2072 34 22 -1 3 1 10 1 0 0 784 2072 34 22 -1 4 1 10 1 1 0 784 2072 34 22 -1 5 1 10 1 1 1 784 2072 34 22 96.796600 20 2 1 11 0 0 0 756 2211 925 4 -1 3 1 11 1 0 0 756 2211 925 4 -1 4 1 11 1 1 0 756 2211 925 4 -1 5 1 11 1 1 1 756 2211 925 4 95.000000 Page 21 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; (d) upon conviction of theft of cable television services, order the seizure of any decoder, descrambler er 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 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 by Franchisee are shown to be necessary to ensure the economic viability of its cable television system. 18.4 SEVERABILITY If 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 of 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 shail be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. 18.6 APPLICABLE FEDERAL, STATE LAWS 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 *, SECTION 19. PUBLICATION AND EFFECTIVE DATE The Mayor shall sign this Ordinance and the City Clerk shall attest to the same but its enactment is conditioned upon acceptance as provided in Section 20 below. If Franchisee 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. I certify that the foregoing Ordinance was adopted by the City Council of the City of Prichard on this 15th ( day po 4 ‘ ee 7 f of March , 1988. “ | \ <p. ft P ~ vA / L L aan vA THE MAYOR OF THE CITY’ OF PRICHARD mwa / CLERK'S CERTIFICATE: a ( oe 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. a Eva C. Greene, City Clerk-Treasurer 23 PLEASE PUBLISH: PRESS MAY 13, 1988 Page 24 hy ATTEST: 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. By: _° As its Gener 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 C beve Eva C. Greene, City Clerk-Treasurer Minute Book #117. 24