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HomeMy WebLinkAbout063 - 12/28/1967 - AUTHORIZING THE GRANTING OF A REVOCABLE PERMIT TO OPERATE WITHIN THE CITY A SYSTEM FOR RECEPTION AN ORDINANCE NO. b3 1967, BEING AN ORDINANCE AUTHORIZING THE GRANTING OF A REVOCABLE PERMIT TO OPERATE WITHIN THE CITY OF FORT COLLINS, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, AND PROVIDING CONDITIONS AND REGULATIONS IN CON- NECTION THEREWITH; AND PROHIBITING THE OPERATION OF SUCH A SYSTEM WITHOUT SUCH PERMIT AND PRESCRIB- ING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . A non-exclusive permit to install, operate and main- tain a Cable Distribution System within all or any portion of the City of Fort Collins, Colorado, sometimes called "City", shall first be obtained from the City Council before any person, firm or corporation commences to operate a Cable Distribution System within the City and said permit shall be obtained under and pursuant to the terms and provisions of this ordinance. A Cable Distribution System, sometimes called "Cable Company" or Permittee", means any facility which, in whole or part, receives, amplifies or otherwise converts the signals broadcast by one or more television stations or transmits programs originating locally and distributes such signals by wire or cable to subscribing members of the public who pay for such service but such terms shall not include any facility which serves only the residents of one or more apart- ment dwellings under common ownership, control or management and commercial establishments located on the premises of such an apartment house, nor does the term include any 'closed-circuit' television systems that are used for the exclusive use of private or public organizations and institutions. Section 2. It is understood that the Cities of Fort Collins, Greeley, Longmont and Loveland, and Boulder, Larimer, and Weld Counties have entered into a joint study on matters related to cable television such as rates and revenues, potential service in small communities and rural areas, potential services resulting from greater numbers of subscribers, and the possibility of unique advantages in linking together the three county area for educational use of a cable system. While this ordinance is binding only for the City and has no legal bearing or, any other municipality, any further changes or modifications of this ordinance should first be considered in view of any changes that would impare the effectiveness of a joint effort. Section 3. It is understood, and Permittee shall agree thereto, that in accepting the permit provided for in this Ordinance that all utility I poles in streets and public ways in the City are presently owned maintained and controlled by the Light and Power Department of the C and the Mountain States Telephone and Telegraph Company sometimes called Telephone Company or other electric utilities that cables and other conduits applicances and facilities necessary to conduct the Cable Company business shall be pro vided or allowed only in any one or a combination of the follohing a The Permittee shall arrange with the Light and Power Deapartment to use the poles of the Department in streets and public ways for the cables and other facilities necessary to operate its system under such reasonable rules and regulations for the installation repair and maintenance of such cables and facilities as may be prescribed by the Department provided that an annual rental fee per pole shall be made to the City In those streets and public ways where there are poles belonging to the Telephone Company or other electric utilities the Permittee may or may not arrange to use such poles for the cables and other facilities necessary to operate its system and if such arrangement is made evidence of the same shall be furnished to the City b The Permittee may arrange with the Telephone Company that the Telephone Company furnish to Permittee cable facilities and appurtenant service necessary for the operation of Permittee's system and if such arrange ment is made the Permittee shall furnish evidence of the same to the City provided however that such arrangement shall allow and provide for the payment of an annual rental fee for each pole belonging to the City upon which the cable and other facilities of the Permittee are attached or c The Permittee shall install and operate any or all cable and appurte nant facilities underground in the streets and public ways of the City Subject to the limitations conditions and exceptions herein and hereinafter set forth and in the areas where utility poles are not in exis tence and it would not be detrimental to allow poles to be erected the Permittee is authorized to construct install operate and maintain on under and above the streets and public ways of the City such poles lines cables wiring conductors vaults and related facilities and appurtenances as are necessary for the purpose of originating receiving amplifying and distribut ing television and radio signals in the conduct of its business provided however wherever Permittee erects poles tracts wires conduits and other related facilities in the city whose joint use by the city would be advan tageous to the city and without detriment to the service supplied by Permittee Permittee snall allow City such joint use upon payment of the L reasonable rental to the owner thereof Such rental shall be equivalent to that paid by Permittee to City for joint use of City owned like facilities For joint use of unlike facilities and the parties cannot agree upon a reasonable rental therefor the same shall be determined by rbitration Section 4 The right permit and privilege authorized in this ordinance are subject to revocation by the City Council at its pleasure and discretion at any time In the event of such revocation or other termina tion of this permit the City shall have the right to purchase all the property of the Permittee used under and in connection with its permit together with all good will rights and appurtenances of the Permittee at the fair market value at the time of purchase In the event of such revocation or termina tion of this permit and the City does not elect to purchase the Permittee s property Permittee shall at the request of the City at its own expense and within a reasonable time as determined by the Council remove any poles wires cable and related appurtenances constructed or installed and shall leave the streets and public ways in as good condition as they were prior to said installations Section 5 The right of the Permittee to use the streets and public ways of the City and conduct its business in the City shall be non exclusive and the City reserves the right to grant a similar use or uses in said streets and public ways and authorize additional cable system business in the City Section 6 Any poles wires cable lines vaults conductors installations or facilities to be constructed or installed in streets or public ways shall be so constructed or installed only at such locations and in such manner as approved by the City Manager or his duly authorized repre sentative As hereinabove provided additional poles and like facilities unless under special conditions and without specific approval will not be allowed in those streets or ways where there are existing utility poles owned by the City In those areas of the City where public utility lines are underground or thereafter may be placed underground the Permittee shall likewise construct install and operate all its lines cables and other facil sties underground Any streets or sidewalks damaged or disturbed in the construction or operation of Permittee's poles cables and other installations shall be promptly repaired and restored by Permittee at its expense and to the satisfaction of the City If the City elects to change the grade of any street or public way to vacate or otherwise alter the same Permittee 3 J shall relocate its poles and other installations at its expense Section 7 Installation of or arrangemer for Permittee s System as herein provided shall be commenced within such time as determined by the Council and shall be prosecuted with due diligence to completion Section 8 Permittee s System and its services shall be made available in every part of the City except in those areas if any where it appears that there are not sufficient potential users to make the installa tion and operation of the system economically feasible provided however that the City Council upon complaint that service is not furnished may de termine whether or not it is feasible and proper to furnish such service in the area wherein requested If the City Council determines that it is so feasible in any area Permittee shall forthwith supply its services to such area Permittee shall maintain an office in the City and provide a maintenance and repair service readily available through telephone or other means in the City to its subscribers Permittee shall not discriminate between persons or areas and its service shall be equally available Section 9 Permittee shall quarterly pay to the City a percentage bf its gross revenue and receipts derived from the conduct of its business in the City and the Permittee in making application for a permit under this Ordinance shall state the percentage of such gross revenue that it will pay to the City each quarter Within thirty days after the end of each calendar year Permittee shall file with the City a financial statement prepared by a certified public accountant showing in detail the total gross receipts for the preceding calendar year The City shall have the right to inspect Permittee s books and records showing the receipts Additionally Permittee shall pay the City an annual fee for each City pole to which its cable system is attached as hereinabove provided Section 10 Permittee shall not engage in the business of selling time or advertising renting repairing selling or installing television sets radios antennae or other electronic devices for the reception of electronic signals except those required by its System Section 11 Nothing in this ordinance or permit herein granted shall be construed to authorize services presently known as Pay TV Section 12 The charges made by Permittee for its services in eluding installation repair removal and monthly service charges shall be uniform for the same or similar services and shall be according to maximum rates as established by Permittee and approved by the City Council No rate Y shall be increased above the maximum approved without reapproval by the Council Secti,, 13 The installation construction operation and the maintenance of the said Cable System and the conduct of its business shall comply with all current Federal State and City laws regulations and ordinances applicable thereto and all laws ordinances and regulations hereafter passed or adopted Section 14 The Permittee shall operate its system as not to interfere with the direct broadcast or reception of other signals whether television radio telephone or telegraph signals In the delivery of programs Permittee shall not delete the commercials of the program sponsor nor shall it interrupt any programs or parts thereof and substitute com mercials or advertisements for those of such program sponsor Section 15 The Cable System operated by Permittee shall deliver satisfactory television signals from at least the following TV stations AIR CHANNEL STATION CITY Z KWGN TV DENVER 4 KOA TV DENVER 5 KFBC-TV CHEYENNE 6 KRMA TV DENVER 7 KLZ TV DENVER 9 KB -TV DENVER Changes in requirements may be made by resolution of the Council The signals of local TV stations shall be carried and directed without degradation of quality Section 16 The Cable System of the Permittee shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service In determining the satisfactory extent of such standards-the following shall apply (a) Electrical characteristics shall meet National Electrical Safety Code as published by the National Bureau of Standards to provide safety for personnel and customers (b) Head end equipment shall maintain broadcast station quality of signals (c) Amplification and cable frequency compensation shall be provided for uniform signal strength throughout the usable spectrum of the system Signal strength of feeder lines should not be less than +18 dbmv at any point to assure S continuation of amplification with minimum degradation of signal to noise ratio (d) TV set connections shall be isolating type for protection of customers' equipment Signal at Receiver terminals shall be approximately 500 microvolts or ( 6dbmv) on each distri- buted channel to assure quality pictures (e) All amplifiers and lines in the system must be capable of NTSC high quality color distribution and contain minimal adjacent channel interference both Audio and Video (f) Grounding of cables will be made at appropriate intervals to assure lightning and static protection of customer's equipment (g) The system will be designed to prevent ghosting from strong local open circuit VHF carriers Methods of measuring the above standards where necessary will be established by the City Council Section 17 The City Council shall maintain an Educational Tele vision Committee to serve as an advisory body to the Council on all matters relating to the educational planning coordination and use of the Cable System This committee shall include but not be limited to representatives from tl,e local public school district the Parachial schools and college or university and any other accredited educational body The Committee will establish its own operating procedures pending the approval of the City Council Section 18 Permittee will upon request therefor provide and furnish without charge to each elementary and secondary public or private school each college or university the City Hall the public library the police station and each fire department station within the corporate limits of the City the following (a) One service outlet for main regular channel television re ception for educational and other programming or reception furnished by the Permittee (b) Any additional service outlets in each room or area where television reception is desired provided that the using outlet shall re imburse the Permittee at its actual cost basis for labor and materials re giired in the installations of such service outlets which are additional to the main outlet but no service or other charge will be made after instal lation (c) For each school or other educational institution included within an authorized television service in Section 18 of this ordinance three channels for exclusive school use primarily for educational instruction and like uses in the transmission of programs or signals for educational in struction and like purposes together with all equipment and devices for said three channels and transmission and operating facilities and equipment between the head or originating part of the cable system to provide and make possible (1) Educational instruction and similar uses with the pro grams originated or distributed at the school educational institution or at a studio to be provided and maintained by the Permittee (2) The reception of such educational or other programs as may be transmitted and furnished by the Permittee in accordance with the provisions of this ordinance (d) Permittee shall operate and maintain at its expense in accordance with the best accepted standards of the industry all cables equipment and appliances required in Section 16 of this ordinance (e) Permittee will construct and equip a studio and male the same available at reasonable times for educational public quasi public or similar programs live or taped to be distributed or transmitted with out charge as provided in this ordinance Permittee will provide and make available at the cost of the Permittee the necessary cable equipment and system from one school or institution to the Permittee facility to allow programs to be distributed live or taped over the Cable Company System If in the future added local studios need to be tied to the Permittee facility the Permittee shall install the necessary cable and system equipment for the cost of time and materials (f) The cable and studio equipment required to be provided by the Permittee in Section 18 of this ordinance shall be operated and maintained in accordance with standards not less than those prescribed by the Electrical Industry Association (g) The services required to be furnished by the Permittee in Section 18 of this ordinance and all provisions of said Section 18 shall be applicable to each school educat onal institution fire station or library as described in Section 18 hereof located within any area hereafter annexed to the City provided that in the case of a school or educational institution such a school or institution must be situated within one quarter mile of the 7 cable installation of the Permittee Wherever any school or educational in stitution desiring cable television service is located more than one quarter mile from the cable installation the Permittee will inbtall the proper cable and associated equipment for the cost of time and materials to extend the cable installation Pole rental will be excluded on extensions made in this manner Once the cable is at the school location the same features of this section shall apply If in extending the cable additional sub scribers are sold the cable service the Permittee will reduce the cost of cable installation by a fair and equitable amount which will be reviewed by the City Manager (h) One of the three educational channels specified in Section 18 (c) will be installed and made operable at the time the cable system is installed in the City The other two channels will be installed and made operable upon request of the City Council Section 19 The Permittee shall provide specifications for the design installation and maintenance of a system that is capable of handling and distributing one educational television channel on an area basis to Cable Distribution Systems located in the cities of Fort Collins Greeley Longmont and Loveland and Boulder Larimer and Weld Counties Such a channel may be considered as one of the three educational channels as specified in Section 18 Cc) of this ordinance The Permittee shall also specify proposed plans for the linkage of such an area educational system with other educational microwaved or cabled systems in Colorado and any other features as the Permittee shall see fit to improve the quality and availability of educational programming over the cable Distribution System with no material increased cost to the individual subscriber Section 20 The permit or privileges provided for herein shall be personal to Permittee and it cannot be sold transferred leased assigned and disposed of in whole or in part either by voluntary or in voluntary proceedings without the consent of the City expressed by resolution of the Council upon such conditions as it may prescribe except such consent shall not be unreasonably withheld It is understood and Permittee in accepting a permit under this ordinance agrees that the permit or license which may be authorized pursuant to this ordinance is a revocable and non exclusive permission to the non exclusive use of structures or facilities laxfully in place in streets and ways of the City and the non exclusive use of polesor structures to be placed upon or under City streets and ways by Permittee and which Pc-mittee agrees may be used by the City the Telephone Company and similar entities upon payment of a reasonable use fee ✓ Section 21 Permittee shall concurrently with the acceptance of the permit provided for under this ordinance obtain at its expense and file with the City Clerk a corporate surety bond in a company approved by 4V and in form approved by the City in the amount of $50 000 00 renewable annually or deposit with the City cash or United States bonds in the amount of $50 000 00 the Permittee to receive all interest therefrom and condi tioned upon and for the faithful performance by Permittee of all of the conditions in and requirements and obligations imposed upon Permittee by this ordinance and for compliance with all the provisions of this ordinance The bond shall contain a provision that 30 days' written notice of intention not to renew cancel or for other material change shall be given to the City Section 22 Permittee shall at its own expense defend all suits that may be brought against the City on account of the oper ations and business of Permittee or the construction or operation of its system and infringement of copyrights patents or like violations and shall keep harmless the City from any and all damages judgments costs and expenses of every kind growing out of or connected with said business and installation or operation of the System and Permittee as further assur ance to the City shall during the existence of the permit granted Permit`ee under this ordinance furnish the City with proper evidence of liability insurance coverage with an approved company insuring both Permittee and City against said claims demands or losses for injury to persons or damage to property resulting from or connected with the construction operation or maintenance of said System and business within the City said insurance shall have limitations in not less than $500 000 00 for injury or damages occuring to one person in one occurrence and not less than $1 000 000 00 for injury or damages occurring to more than one person in the same occur rence and no less than $100 000 00 for damage to property in one occur rence Section 23 Any person firm or corporation desiring a permit for a Cable Distribution System in the City shall file a written application with the City Clerk setting forth among other things a state ment showing the financial condition responsibility and resources of the applicant the ownership of the applicant's stock outstanding stock 17 � 1 subscriptions and contingent commitments involving stock ownership in the applicant the experience of the applicant in the Cable Distribution System field and similar businesses the ability of the applicant to furnish efficient and dependable service to the public and potential users of cable television in the City the channels or program coverage of service of the applicant with any particular features thereof and other pertinent information bearing upon the quality scope and type of service The applicant shall also state the percentage of its gross revenue which it will pay the City each quarter Before advertising for or soliciting applications for a permit for a Cable Distribution System the Council may prescribe additional commitments or information which shall be included within the application as submitted Section 24 Installation operation or maintenance of a Cable Dis tribution System within the city limits of City without first obtaining a permit therefor as herein provided shall be unlawful and a violation of the within ordinance and shall subject the violator to the penalty hereinafter provided Section 25 Any person who violates any provision of this Ordinance shall upon conviction thereof be punished as provided in the Code of Ordinances of the City of Fort Collins Colorado 1958, as amended for any violation of any Ordinance of the City of Fort Collins each day s failure of compliance with any such provision shall constitute a separate violation Section 26 If any section subsection paragraph sentence clause or phrase of this Ordinance should be declared invalid for any reason whatso ever such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are hereby declared to be severable Section 27 The City Council hereby deems it appropriate that this Ordinance not be published in full but that in accordance with the provisions of Section 7 Article 2 of the Charter of the City of Fort Collins Colorado there shall be published the title of this Ordinance and a comprehensive summary of the substance of this Ordinance and with a statement that the text is available for public inspection and acquisition in the office of the City Clerk Introduced considered favorably on first reading and ordered 10 published this 7th day of December A D 1967 and to be presented for final passage on the 28th day of December A D 1967 Mayor ATTEST City Cterk Passed and adopted on final reading this 28th day of December A D 1967 Mayor ATTEST City Cle k - �— 46 ` Y ORDINANCE No 639 1967 BEING ANu ORDINANCE AUTHORIZING THE GRANTING OF A REVOCABLE PERMIT TO OPERATE WITHIN THE CITY OF FORT COLLINS, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, AND PROVIDING CONDITIONS AND REGULATIONS IN CONNECTION TREREWITH,AND PROHIBITING THE OPERATION OF SUCH A SYSTEM WITHOUT SUCH.PERMIT AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF This Ordinance is a comprehensive ordinance requiring the obtaining of a non-exclusive permit to install operate and maintain a cable distribution system within the City of Fort Collins for the purpose of distributing signals from television stations by wire or cable, authorizing the granting of such permits providing for the use of poles of the light and power department of the City in streets and public ways in connection with such system, providing for the revocation of such permits, setting forth requirements and standards to be maintained by any pasty holding a permit and setting forth the conditions of such permits and establishing regulations to be observed by any person holding a permit, requiring approval by the City Council of the charges made by any permit holder for his services, establishing an educational television committee to serve as an advisory body to the City Council and providing for penalties for persons violating the ordinance such penalties being as set forth in the Code of Ordinances of the City of Fort Collins for violation of the ordinances of the City The full text of this ordinance is available for public inspection and acginsition in the office of the City Clerk of the City of Fort Collins in the City Hall at 300 LaPorte Avenue Said ordinance will be presented for final passage on the 28 ° day of December A D 1967 —- — — - -- -- - City Cl t rk