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Backup Documents 01/19/1999 W
BCC WORKSHOP OF JAHUARY 19, 1999 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: MIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #912733 57812101 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News ia a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail m~tter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/17 AO SPACE: 58.000 INCH FILEO ON: 01/18/99 sworn to and Subscrib.d before, this /50ay of Personally knoun by me ~;4~__~,-j.~_r × . Cf. BI. -~-- ~,: ~.~ ;.: h~'~ C0h'M;~$i0N ~ CC70~21 ~XP';E': ~.'. ~ :.: April l~, 20~2 0120 NOTICE OF MEEtiNG NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AND THE MARCO ISLAND CITY COUNCIL JOINT WORKSHOP Tuesday~ January 19, 1999 9:00 A.M. Notice is hereby given thof the Collier County Bo~rd of County Com- mlss!oner5 and the Mar- CO Island City Council will meet of the Marco Rodis. son Resort Hotel, 600 ~>4~lh Collier Blvd. Mar- co Island, Florida ~o Co~q- duct lhe business Collier County and ,he Ci,y o! Marco Islond~ of the above stated time ond dofe. Copies of ~e agenda for sold meeting will be mode available to the Pcess and rn~y be cxb. toined al the office of the County Admlnlstr~or the office of `he City Manager for Marco Is- land. Any Person who decid- es to aPPeal 0 decision at `his Boord/Co~.JncJl will need o ~ecord of the Ceedlngs pertaining appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA' CHAIRMAN DWIGHT E. BROCK, CLERK Depu~ Clerk Jan. 17 NO. 1340477 COLLIER COUNTY BOARD OF COLrNTY COMMISSIONERS And the MARCO ISLAND CITY COUNCIL MEETING TUESDAY, JANUARY 19, 1999 9:00 A.M. TO BE HELD AT THE MARCO RADISSON RESORT 600 SOUTH COLLIER BLVD. MARCO ISLAND, FLORIDA AGENDA NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM M73ST REGISTER PRIOR TO SPEAKING. SPEAY~ERS MUST REGISTER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD/COUNCIL WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THRETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMC~ AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIFfE IS GRANTED BY THE CHAIRMAN. 1. INVOCATION - Joy Baumgartner - United Church of Marco Island. 2. PLEDGE OF ALLEGIS{CE ITEMS FOR DISCUSSION: A. INTERLOCAL AGREEMENT REGARDING THE COLLECTION AND DISTRIBUTION OF IMPACT FEES. Approved B. DEDICATION OF ROADS, ROAD RIGHTS-OF-WAY AND DRAINAGE EASEMENTS. Approved C.DISTRIBUTION OF CABLE TELEVISION FRANCHISE FEES. Approved D. FL~.~'DING OF LAW ENFORCEMENT SERVICES PROVIDED BY THE COLLIER COUNTY SHERIFF'S OFFICE WITHIN THE CITY OF MARCO ISLAND. Approved 4. ADJOLFfLN FAX { OF P2~G'ES (1:~~ ~'J~S C~) PAM PF.R R F.I.], NAPI,ES DAILY NEWS 263-4703 ELLIE HOFFMAN LOCATION: COTJ.TR'R COUNTY COURTHOUSC~ PHONE NO: (941) '/74-8406 January 11, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Meeting Dear Pam: Please advertise the enclosed notice one time, on the Sunday prior to the meeting as follows: Advertising Date Meetinq Date January 17, 1999 January 19, 1999 Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912733 NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS~ COLLIER COUNTY, FLORIDA AND TIlE MARCO ISLAND CITY COUNCIL JOINT WORKSItOP Tuesday, January 19, 1999 9:00 A.M. Notice is hereby given that the Collier County Board of County Commissioners and the Marco Island City Council will meet at the Marco Radisson Resort Hotel, 600 South Collier Blvd., Marco Island, Florida, to conduct the business of Collier County and the City of Marco Island, at the above stated time and date. Copies ofthe agenda for said meeting ;viii be made available to the press and may be obtained at the office of the County Administrator or the office of.the City Manager for Marco Island. Any person who decides to appeal a decision of' this Board/Council will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN DWIGHT E. BROCK, CLERK By:/~ Maureen Kenyon Deputy Clerk I NTI.~RI,()('..\I, ..\ (; i~, E !-~.~ I I.: NT 131P..\('T FEI'k"; Tills INTI!I),I.OC.'\I..-\GRF. Ii.~IIiNT is made ami emoted inlo lifts day o1'~ ~/._ _. 19V9, Iw and bctxvccn thc Board of'Courtly ('ommissioncrs Collier ('oumv. Florida (hcrcinalicr calk'd thc "C()[ 'NTY") and Iht ('ilv Council of ~hc C'itv o1' Nlm'co Ishmd. Florida. (hcrcin:llicr called lilt "CITY"). WI II~RIL,XS. C'hat~lcr T4 of'Ibc Collier Courtly ('ode of Ordin:mccs provides thc imposition oI' imp:icl l~'cs to provide a source o1' I'CVCI1LIC lo I'uml lite conslructio~i improvement of regional alld community parks, thc library system, thc cmcrscncy medical services system, roads, illld cducaliom~l Ihcililics system: and WI I[(I<EAS. thc impact I~'cs provided by thc ('oilier Cotmlv ('ode oI'()rdilumCcs arc imposed in both file uninCOrl~Oratcd and incorporated areas ol'Collicr ('ounlv: and Wt II~RI'LXS. thc p',u'tics arc desirous ofcsl:fl, lishing a t~nilbrn~ procedure Ibr tho collection ~0f impact Ibcs whcrclw impact iL'cs shall he in:posed aud calcul:~tcd provided in ('hal~t,xr 74. C'ollicr County Codc of'Ordimmccs, and that such impact IDes must be paid prior It~ thc isstlallcc ol'a building permit: azld WI IEI{HAS. ('h:tl~tCr 74, ('oilier COtllllv ('ode t~l'()rdillitllcc5 provides that municip:~lity may enter into an intcrlocal agreement with Collier ('ount>' providing for thc collection of impact IDes. ired ils such impact t~cs shall he collected and paid accordlulcc with thc provisions of thc imcrlocal agreement: 33.00 7.00 ._ ,; WI t l'~1¢,I:..,\S, tile put'lies ~gree lh;tl it is in tl:c best interest ol'(.'ollier ('otltllv residents lhat inlpact l'ces imposed oil new dex'¢lopn'~¢nt be collectetl ;.tnd accounte(.l t~'~r ill an cxpcdilious anti cl'l]cicnl m:tni~¢r, and lhat st:cji el*l]cicncv c~ln be achieved bv tile collection off in]pact t'ces t'~,' tile loc~ll ~/o'~'crl~mcnt issuing building pcrn~its. NOW, 'I'11EI~.Et:Oi,[15, in consider:~tion off tile pren~ises tile I'~trlics ;.tgi'cc ~ls IZdlows: Section I. ..~greement. Thc CI'l'~' hereby agrees to assist and cool,el'lite with thc COUN'I'5' in collecting i~pact IUcs as set lbrth in Ch:H3tcr 74 ol'thc Collier County Code of'Ordinances withit~ thc boundaries of thc Seclion Il. Pa~'ment o1' Thc CI'r~' shall rctltlirc, ~lS :t co~ttition to thc JSSLI:IIICC tO thc CITS' or j)rool'ol'j):l)'~l~c~t ol':Jil i~llp:lct l~cs in~poscd proposcd construction and/or [lJJCl'[i[iOll project. Section III. l~l~'ks and l~ecre:lli(m I.'~lcJiJlics Imp:icl J:t'cs, l.;nle~'ge~c)' ~le(lJc~ll Services ~'stOlll lmj)~cl l:t't's, l,il)rtlrv ~'slt'ill i::~cilities 5)'stem lml)~ct l:ct's. 'l'hc C1'1'5' agrccs to ussist and COOJ)L~I':IIC with Iht COUN'I'5' i~ collecting [~cgion~ll l~arks and RccrcatJon Eacilitics Imp:icl ELLs. l~mcrgcnc)' McdJcal Scrviccs %5'slcm Imp:Jct ELLS. l. ibrnry S}'sI~II1 l~l*aCt l:ccs, antl l~dLICLJ[iOllill l:acilitics SS'stc~ Imp:[ct EL'es ~s scl Ibrth in Cl~:lptcr 74, Collier County Code ol'()rtiill~lllCCS thc CI'[5' in nccorda~cc with thc t~llowi~g: Thc CITY shall rcquirc, ;ts u condilion to, Ibc issu;lnc¢ ol';J l~uJJdJll$ l)ernl~l, thc J~duc',ttJon:tl l:acilitics System. ',md thc l.il~r:u'v System Impact l:ccs imtmscd lw linc COUNTY IN~r titc proposed construction or altcrution. To rcin~hursc thc ('lTV Ik~r thc costs incurred in the collection of these impact Fees under Ibc ('ounw Ol'dilmnCC. CITY si~all be reimbursed Iw ll~c ('OLTN'I'V in an :unounl Cqtl:tl lo lxvo percent (2,,,) thc amount collected Ii'om c:tch respective Impact Fcc ;ts compcns;~tion l~r thc ndminislrutivc cost to collect lhcsc Impact lVccs. Bolh putties ucknowlcd~c Ill,ti thc alllOtllll rcJmt)tn'scd Js CtlU',~l to Ibc cost incurred lbr ibc collcclJon ol'lhcsc IL'cs. accordance with ~cctJon VII t~l'this Scclion IV. R.ad In,pact Fees. tZees as set Ibrlh in ('hal~tcr 74. ('oilier ('otlllw C'otlc o1' Ordinzmccs ;md imposed within 'l'llc C'ITV shall require, as ;t condition to the JfiSLILII1CC OI'H BuiJdin~ [)k'l'lllil, lhe i~ayment to thc CITY ot'lhe Romt Impuct Fees imposed lw lhe C'()UNTY lk~r thc pruj~osed COllSll'tlclJoI1 O1' ~Hter;llion. 'l'l~c C'I'I 5' will rcl:6n ()()",;~ of Iht J~o;td lmp;~ct collected in e:tch CITN' Iqscztl ye;ri' (()ctohcr I through ~cptembcr 3(J) which shall be used ~cccssitutcd by roud impuc~ IVc consIruction in uccocduncc wilh Ihc Drovisions 74. ('oilier COtlllty (lode ot'O~'dinanccs. Thc ILoud Impuct t:ccs collcc~cd above Iht shull bc rcmiHcd to Iht ('OUN'I'~' i~ accord:rotc with Section VII ol'~lds u~vccmcm. Suid COUNT~', :md/oc Stutc z'ouds within oz' ad.iucent to the existing o~' umcndcd I~otmduvics ol'the C'IT%'. Rcprescntutix'cs ol'thc ('ITh' und C;OLiN'I'h' shull meet al leust almually coocdinatc and prioritize their vcst)cctivc pvtLjccts to lk~cilitatc cfl~ctix'cncss ol'cupucity improx'cmc'nts. Section ~'. l)evclol)ev ('ont~'ibution ('cedits. C'ounty E'ode of Ordi~unccs. Ik)c ccrlui~ donutions of land or R)~' 1he co~Icibution dcx.clot)mcnt order' by thc ('IT~' or il' voluntarily mude in connection with vt)ad imDuct COHStVUclioH. shall be aDDvox cd bx' lhc Section ~'1. Review Ile:~'ings. trader the provisions ot'C'haDlcv 74. ('oilier C'otmty Code ol'Ordinunccs. Section VII. Remill:mce. Thc impuct I~cs ,:ollccted ['rom developments within the city limits of Mm'co Island be remitted, xx'ithot~t intcresl, by thc C'IT~'. to the C;OUN'['~' mot~thly. Thc rcmittmacc of The COU~'I'Y sha{J transtar road impnct I~cs col{cctcd within thc I~oundarics C}T~' durin~ thc period October 1. 190~ through ~cptcmbcr 30. {~)9S. {ess capitut expenditures, with tk~rtv pcrccm (4c}",,)of sztid collected i~es ~o he used lk~r X{:~rco ILo;id (('1L92) impr~vcn~cnts or '.tl thc discretion ol'('OtJN'l'Y tko,' :,nv al~plicahlc I'O[{dxk'il>' improvement within thc city limits. Road impact l~cs collected I~r thc I~spl~inadc project. ('oilier ('ot~t>' .Site DUVClO{M11CI11 }'l;~n (S[)I~) Numhcr ~)7- be tr;~]sJgrrcd to thc ('I'I'Y. Seclioll ~'l ! I. 'l'crm. additional one-year Icrn~s commcncin~ ()ctohcr 1 {~l'cach vcru' and tcrmin;~ting otJlct' I~:~l't)' prior to .,XUgLISl 10I'c:tCI1 Seclion IX. Right oI' Revic~v. CITY Zllld ('OLJN'['5' shall each h::vc thc reciprocal right to review thc i'cctM'ds other as to thc receipt, alloczttic, n. ztnd expenditure of in~pztct I~'cs. incJudi~g records :ts Io Section X. Thc COUNTY shall provide wrhtcn m~ticc t~ thc CITY ot'amcmhncnts 1o ('huptcr 74. Collier County Code ol'Ordhtanccs, prior 1o thc cl'l'cclivc &itc oJ'LlllV SLIC}I alllClldlllCtlt. Section Xi. Notices. Ail notices required under this agreement shall be directed to thc Ik~llowing For thc COL ;NTY: Of'rice cf thc County Administrator S?~I Kast 'I':m:iami Trail Naples. Florida S4112 For thc ('IT'f: ()l'licc ol'thc City Xlanagcr North Collier Boulev:u'd. ,quite Nlarco Islaml. Florida 34145 SectionXII. lloldilarmless-('()UNTY. Thc COUNTY ag.r¢¢s lc, hold thc ('1'1'Y harmless fi'om all liability, which may rcsuh fi'om thc llcrJk)rllliIllCC Or ils ohligations herein, done in :lccordtMlcc with thc terms o1' this agrcclllcHl. Section XIII. lioldllarmless-('lTY. Thc CITY agrees to hold thc COLJN'I'Y harmless from all liubilitv, which may result from thc pcrlBrmancc of its obligations herein, tlo~lc in accordiulcc wilh Ibc lcrms of this [l~rCCill¢lll. IN WITNESS WltEREOF, thc parties hereto have set their hands and seals thc day and year first above wrilten. ATTEST: Deputy Cit.,,' Clerk CITY OF MARCO ISI.AND, FI.ORIDA David Brand~, Chairman DATED: ATTEST: DWlGItT E. BROCK, Clerk [. aroc , cler BOARD OF COUNTY COMMISSIONERS COLI,IER COUNTY, FI.ORIDA BY: " ii Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: Approved as to form and legal sufficiency: Kennelh B. Cuyler City Attorney David C. Weil~! Count.,,' Attorney 2437031 OR' 2514 PG', 29!8 INTI~:.I',I.OC.,\I..,\GI~.k't'~,'xlI:,N F OF CFI"( OF MAI(CO ISI,AND AND COI,I,II".R COUNT'( Tt~.:\NSFI'~I~,P-tNG JURISDICTION OF PUI:;L1C I(O:\l)S AND I~.O..\1) V, IGI ITS-OF-WAY WITI lIN TI ll'~ Cl'l"f O1: MAI~,CO ISI,AND TIllS INTI'~RI.O(TAI. A(;RI:.I-~IILXT made and between lJ~e Chy oF Marco Islm~d, a mtmJc~psl corporal~on Ioc8led whh~n Coll~cr County, Florida, l~ereh~a~ler retorted ~o as "('IT¥'." and ('oilier oF Florida, here~nal~er rcl~rred to els "('OUNT¥" WIT NES SIL'I'I1' incorporated as a I11LllliCil):lJ corjx/l;lliOll k~lo~s 11 ;~s 111c Cilv uf ~1;trco Island on ,.~tl~tlSJ ~, 1997; and WI II~R[~AS. li~c CITY ami Iht ('Ot;NT¥ h;lx'c worked COOl~cratix'cly and a~rccd lo do all things necessary to transfer lo thc ('IT¥ Ibc jt~isdicfioil operation and maintenance within linc righl-oi2way maintenance and operation of all bridges, drainage cascmcms, street lights, traffic comrol dcviccs and WIII{REAS, this Agreement is entered i,~t(~ in compliance with Scctio~ 335.0415, Florida Slalutcs. NOW, TIIEIU~I:ORI~, in c(msidcration tff thc premises and other good mid ValL~al)lc consideration received ~ind ackm)~ Icd~cd by thc patties agree as tbilows: E.<cept tbr thc entireb' (~F Cotmtv Road 92 (CR92), its (C1(92) paved riding and silouldcr surt~cc, ils [('RO2) r(~ad right-olLway, ils (CR92) Irafl]c signs and pavement marki,~gs, its (('1L92) storm water drainage culverts crossing under right-ol~way tbr all pul~lic roads located x~ilhin the boundaries oI'fi~c CI'FY arc transl~rrcd t?om COUNTY t~) the CITY ~'** OR', 251'~: ~. /9!9 I[iII]~C SigllS. SigllaiS alld j)ak'elllellJ malkings o~1 or wilhin such roads a~cl associated rt~;icl rights-ollx~ay, is~cluding ~ratlic "stol) a~d ~o" signals on of CJoodhmd R~a(I ((?I(~)2..X), is conct~;'rc~lly translkrrcd t~om COUN'I'¥ to thc CITY. 3. The ell~ctive (late el'this Ii~tcrlocal A~rccment is ()(tel)er I. lOgS 4. This ll~iellocaJ Agreement shall be recordud in the Pt~blic Records of Collier IN WITNILSS WJlILRt~OF. thc parties hcrel(~ have cat~sed these prcsci~ls to bc cxcctitcd by their respective aLtlJiorizcd .si~nalorics ,/ DATIZ:/.__.__~_~///e l),vri:.: Z-- /~)- 9 9 ATTI:.ST: DWIGIIT E. BROCK, Clerk 4t::,,~L ::: -. "..' . BOARD OF COUN'TY CO.',I.MISSIONI'~I~.S COLI,IEP, COUN'I'h', 1:1.O1~.11)..\ "'"'", nY: Pt~N1ELA S. M..\C'KIt'2. ('l~airwoman CITY OF M.,XRCO ISI.ANI) C 1'1"~' COtJF,'Cll. _~_~__ __,., . />:.57 I).,\\'II) I~It.,\NI)T, Chairman Approved as to Corm arid legal sufficiency: David C. \% eigel, County ,.}.~rncy ,x, pprovcd as Itl Ihrm and legal sull'~cicncy: ASSIGNMENT MARCO ISI, ANI) CABI,E FRANCIIlSE AGREEMENT COLLIER COUNTY TO TIlE CITY OF MARCO ISLAND Collier County ("Thc County") and Marco Island Cable (thc "Franchisee") entered into a Cable Television Franchise Agreement ("thc Original Agreement") effective on Jtmc 24, 1997, when that Agrccnmnt was accepted by thc Franchisee. A copy oftllat Original Agreement is attached hereto as Exhibit "A". Since thc inception of thc Original t':rar~ctlisc Agreement, thc City of Marco lsland ("the City") has bccn incorporated. Tile County hereby assigns to the City that part oft}lC original franchised area that is nov,, wittlin tile City whereby the City stands in thc shoes of thc County as to all geographic areas within thc City's municipal boundaries to which the original Franchise Agrccmcnt now applies. Thc City and thc Franchisee hereby accept the assignment. This Assignnlcnt operates as a complete novation between thc County and the City as to tile area being assigned. The County has no secondary liability to tile City or to tile Franchisee under thc OriginalAgrccmcntbeingassigncd. Thisassignmcnt does not affect any geographic area except as specified herein. Except as expressly amended bclov,', thc Original l:ranchisc Agreement is and shall bc unaffected by this Assigm'ncnt Tlle effective date of this Assignment shall be when this Agreement is signed by tile last party to sign, which is execution bv the ~,,,/", -.~,,,.LA, ora thc ,," (lay of The Original Agreement is written from thc perspective of tile Cotlllty and thel:ranchiscc. Because tile City's position vis-a-vis thc Franchisee is not in every respect identical to tile County's perspective, tile Original Agreement now being assigned is amended as follows: Section 2 is amended to add a new definition. "City" shall mcan "the City of Marco Island." Except lbr Section 13 and Section 14: throughout thc Franchise the words "County" or "Grantor" shall i11can "City" and "County's" shall 111ca~l "City's." In l)cfinition 2.10: "('ounty Comnfission" shall mean "the City Council." In Section 2.16 thc words".., within thc County..." shall mcan "... within thc Grantee's tkanchiscd area as franchised by the City..." In Section 4 "thc (_'ounty's Franchise Administration" shall mean "the ('ity's Office of Franchise Administration." i"4cithcr Section 13 nor Section 14 of the Original Franchise Agreement (F~xhibit A) is affected by this Assignment. Subsection 13.1.1 therein docs not apply to thc City. The I:ranchiscc's obligations to thc County under Section 13 and Section 14 shall continue to apply as if thc City has not been incorporated and there has been no Assignment. Thc County and the City arc frcc to negotiate between themselves as to thc County making accommodations to thc City with regard to shared usc of access ct'runnels. Thc Franchisee by executing this assignment, has no obligations to thc City with respect to Public, Educational, or Governmental Access Channels. Thc Franchisee ,.,,.'ill cooperate with regard to such accommodations but assumes no specitic additional obligations thereto to either thc County or thc City. Add to Section 20 Address): "If tothcCity: City Manager 950 North Collier Boulevard. Suite 308 Marco Island, Florida 34145" In subsection 33.1 ai'tcr"fburth anniversary" irlscrt "(June 24. 2001)". EFFECT OF ASSIGNMENT OF THIS FRANCHISE ~: Attached to this Agreement as Exhibit and made a part hereof, is a true copy ot'Chaptcr 30 of thc Collier (;otmty ('ode of I.aws and Ordinances (the same being Collier ('ounty Ordinance No. 88-90). as amcrldcd on thc cffcctivcdatcofthisAssignment. Until midnight on Junc 24. 2012, the ('icy shall administer this Irranchisc in accordance with the now cxisting text of that Ordinancc. No [ex[in[he attached Ordinance ( Exhibit "B") shall be changed by thc Git5' without thc [)riot' expressed written agreement of [:ranchiscc I!XCI£I'T to thc extent, il'any, that changes to that Ordinance arc hereafter mandated by application of iltturc changes to controlling laxv of thc United States or of thc State of Florida. Thc City has adopted City Ordinance No. 98-I I. which shall not apply to this Franchise, as assigncct, except ~o thc extent, il'any, that thc Franchisee may hcrcal'tcr expressly agree in writing to having that Ordinance, as may thc] bc amended, apply to thc Franchisee. FR*",/('ttl 'l'i F :P~' Thc Frar~chisee pays {¥anchisc {be.'-; montMy. \Vithin thirty (30) daysoftheef[cctivcdatcofthis A. ssignrnent, thc County shall remit to thc City all applicable franchise fccs IBr the geographic arc] in the (7it.,,' covered by this Franchise, as assigned, remitted to thc County for service rendered in that arc] t¥om November 3. 1998 thrcmgh midnight of December31.1998. [:ranchiscf'ccsforscrviccinthatarca rendered subsequent to midnight of December 31, 1998, shall be remitted by the Franchisee on a monthly basis directly to the City. ('_'ItANGF. IN MUNICIP.,\I. t3OUNDARIt~S. Ifthc ('it.,,, should expand its municipal boundaries, thc arc] included within thc C'it,:'s then changed municipal bound]rios shall be covered by tint: City's Franchise Agreement (now being assigned), and all such added area. by inclusion into the City's Agreement, shall thereby automatically and concurrently be excluded t?om thc County's Franchise agreement with thc Franchisee. In the event the City should delete area lYom within its municipal boundaries, all such deleted arc] shall thereby automatically and concurrently be excluded fi'om thc ('ity's Franchise Agreement (now being assigned) and shall concurrently and automatically be included into thc County's then existing lYanchise agreement with the Franchisee. I)ISSOI.UTION OF TttE ('ITY. Il'the City should bc dissolved (Section 165.051, F.S., ct sec.) before August 2012. lhc Fral~chisc (now being assigned) shall thcrclLv automatically ctissolvc and all geographic areas then covered 10. by thc City's franchisee agreement shall automatically and concurrently revert to and be included xvithin thc County's then cxisting franchise agreement with the Franchisee. This Assignment shall not be amended except by written agreement cxccutcd by the City', the County, and thc then Franchisee. ATTEST: Dwight E. Brock, Clerk / ,/ Deputy Clerk .' ~',? Approved as to l'oma and legal sufficiency Thomas C. Pahncr Assistan! County/xttorncy By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Pamela S. Mae'Kit, Chairwon'~an ACKNOWI.EDGMENT FOR COLLIER COUNTY STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Assignment was acknowledged before mc this /7A,4 clay of ~a/r~a r-/ ,1999, by Pamela S. Mac'kie, Chai~voman ofthc Board of County Conmuss~oners of Collier County, who is personally known to me. N~ARY PUBLIC ATTEST: / ~qity'-lerkCt; Approved as to form and legal sufficiency: Kenneth B. Cuylcr City Attorney CITY OF MARCO ISLAND, A FLORIDA MUNICIPAL CORPORATION David Brandt, Chairman ACKNOWLEDGMENT FOR TIlE CITY OF MARCO ISLAND foregoing Assignment ',,'as acknowledged before me this/~ay of ,1999, by David Brandt, as Chairman ofthe City of Marco Island. Fie is personall.gJ,:n~wn to me. NOTARY ~UBLI~ Print Name: ,:':;'~>, uv~u~m~ JJ ":".,-~t¥' ~ ~ ~ ~ ~ I1 Serial No.: ..t ...... , .... -_ My Commission expires: ATTEST: \Vitncss Wimess MARCO ISLAND CABI.E, INC'. By: iff/ ' '. ,/ . (L. S.) William R. Gaston, President ACKNOVYLEDGMENT FOR MARCO ISLAND CABLE INC_'. Thc foregoing Assignment was acknowledged bcforc mc this .? 7," da,,' of ~ ~.~u,. ...... '>< ,1999, by William R. Gaston, President of Marco Island Cable. Inc.. a Florida Corporation. He is personally knov,'n lo mc. NOTARY PUBLIC Print Name: Notary PUblic - Slate at Florida ~ Commission [~res Nov 19, 2001 Commission ~' CC6945.%5 My Commission expires: f:,/i?' ' c',' / -end- ASSIGNMENT MARCO ISI.AND (~ABI,E FRANCIlISE A(;REESIENT COI,I.IER COUNTY TO TIlE CITY OF MARCO ISI~AND EXHIBIT "A" State of l:lorid:~ CABLE TELEVISION FRANCItlSE Collier County This Cable Television Franchise. issued by and bctwccn thc Collier County. a Florida mm-cixtrtcr c(mntv ;lilt] ,.x.l:~rc~ Island Cable. Inc.. a Florida C. orpor;~tion, hcrcin:~l'lcr \VI I EI{I';:',,S, thc Cotmty of (;c, llicr, hereinafter rcfcrrcd desires It) ;tssurc thc witlcsl')rcmI availability o£Cablc Sop:ices within Iht ('om'dy to promote commerce and otherwise further thc public intcrcst; WlII:.IIF. AS, thc C'otmlv is thc owncr 01'cc[lain strcct rights-of-way; WI IF. RI.;AS. Ibc County has, following rcasonablc nolicc, and after considcr;~tion. :tnalysis and dclibcr:ltion cot~ductcd fi~lt pul~lic procccdings, during which pr(~cccdings thc tcchnical :tbility, iSmmcial condition, legal qualificrttion and gencr;tl ch:~ractcr ol'Grantcc were determined acccptahlc to receive a renewal of its franchise; WI I I,]I*,F. AS, thc Counly has also considcrcd and analyzcd thc plans of Grantee fix' thc consln, tclic, n and operation of ils Cable System and £ound thc same to bc adcqtmtc and feasible in view oFlhc ncc(Is and rcquircmcnts oFlhc area lo bc served by thc rcspcclivc ('ahlc WifI';i;,E:',,S. ~hc Cotmtv has dclcnnincd that it is in lhc best inlcrcsl ol';md consistent with tlic public convcnicncc and necessity or ils rcsidcnts to grimt a Frm;chisc to Gr:mlcc to OpCl':llc ;1 C;~hlc Svstcm within thc specified fr;mcifisc arc:t wilhin Collier ("~tmtv ami {m thc terms mid conditimls hereinafter set fi)fl}l; and. WIIEI~,I';AS; Grantcc dcsircs lo constrt~ct and operate a (.';d~Ic .qystcm consisting of fiber optic, coaxial :tlxt rrmlti-p:fir cables along porlions oflhc Ccmnty's right-{,f-v,':Lv. Scclion 1. Findings l~ursu:mt lo linc ix'<~ccdurcs in thc Cahlc Act. Section 166.0,16 FS, ;md Chaptcr 30 ~ 28(I)(I) ~1' tt~c Collier ('~ounlv ('Yt~tlc, IRc (']r;ml()r has hchl a public he:u-lng where lilt f{fllowim5 granting ;t cable tclcx'isi,m I'ranchisc to Gr:mlcc wcrc considcrml: (t) thc ccm~omic imp;tot up,m privalc property will,in thc County; (ii) thc public nccd fi*r such fr:mchisc; (iii) Ibc capacity ol'puhiic righls-c>f-way lo acctmmxxt:~tc thc c'a}qc xystcm: (iv) Iht present ami J'tflurc usc ol'li~c {qL,,v:tv lo i)c usc(1 hy lilt till, lc 5vslt:lll ;lIltl IRc rcsnlRmt inconvenience which m:~y uccm' I,, Iht public: (vi) thc tin:racial :lbilitv of thc t'ranchisc applicant Io pcrlk,rm; (viii) thc experience ol'thc complctcncss of Ibc proposed plan for operation of thc cable system, (x) thc Icg;d, ch;~ractcr. fin;racial, technical and other qualii]calions necessary to construct, own and ol*cralc ;1 cable television system, and (xi) other societal interests as arc generally considered in cable lclcx'isi,m franchising. Thc Grantor has determined to grant a cai,lc television fram:hist to Marco Island Cable, Incorporated on thc terms ;md condilions sci fi~l~ in this Agreement. NO~,V, TI I I,;I{I,;FORE. thc ilartics agree :is I'ol{ows: Section 2. l)efinitions For thc purposcs ol' tilLs lrranchisc, thc iBIl{~wim..'. ~crnls, phrases, v,.'ortls, ;md al~brcviations shall hax'c thc meaning given herein. When not inconsistent with thc context, words used in thc prcscnt tense include thc flllurc Ic~lsc, words in lbo plural include thc singular, and words in ;t p:lflicular gender shall include each ol'thc other gender. Thc words "sh:dl" and "must" arc always mandatoW and not merely dirccto~. 2.1 Access shall me:m thc availability of thc cable system Ibc usc by various agencies, institutions, organiT~tions, groups and individuals in thc community, including thc County ami its dcsignccs ofthc cable syslcm to acquire, crc:tic and distribttlc progr;mmfing not trader Grantee's editorial control, including: 2.1.1 "Educational Access" shall mcan access where schools arc thc primary or designated programmers or users having editorial control over their programming: 2.1.2 "Governmenlal Access" shall mcan access where govcrnmcnlal institutions their designees arc thc' prima~ or designated programmers or users having editorial conlrol over their programming; 2.1.3 "I'E(; Access" shall mcan public :icccss, ctlucation:d access, and access, collectively. who OWllS or ? ~ Affihatc, when used in rotation to :Lily' iICI'SOl1, sh:lll IllC:ltl ;UlOlhcr {)crsoll controls, is owned or controlled by, or is umlcr Ct)llllllt)ll owncrshi{* or control with, StlC[1 {~CFSI)II. 2.4 "Basic Cable Service" or "Basic Service" shall mcan any service tier which thc rctransmissi{m of local television '-'.sion lis and channels. This dcl]nition shall bc dccmcd to change consistent with any ch:rages in thc definition o{'this term by thc l:cdct-a{ Co,n,ntmicatio,~s Commission. 2.5 "Cnlflc Opcratm'" shall mcan any person or group of persons: a) who provides (;al)lc Service ovcr a Cable Systctn and dircclly or through one or more afliliatcs owns a sigtfilhcant intcrcst in such Cablc Systcm, or b) who ofl~c~visc conm)ls or is responsible for, through any :u-rangcmcnt. thc m:magcmcnt :md Ol~Cration of such a ('able System umlcr a Fr:mchisc with ("oilier County. 2.6 "Cnblc Service" shall mcan: a) ibc one-way Iransmission lo Suhscribcrs of (a) video programming, ,~r (b) other progranm~ing scrviccs, and. b) subscriber interaction, if any, wlfich is required fi~r tim selection or usc of such vidco lm>gramming or other pro~ramming scad'ices. 2.7 "C:d)le System" shall mcan a l~tcility, consisting ora sci ofcloscd lransmission paths and associated signal generation, reception, and control cquipntent lhat is tics g ~cd to provide Cable gc~'icc and which includes video programming and other lawlifi communications services and which is provided to multiple subscribers within a community, but such lcrm docs not include: a) a facility that serves only I0 rctransmit lho television signals of one ( 1 ) or more television broadcast stations; b) a facility thal serves stfllscribcrs without using any public right-of-w;ty; c) a facility of common carrier ,,vhici~ is sul)jcct, in whole or in p;u-t, 47 tJ.S.C. ~201-226, except that st,ct~ 17tcility shall be considered a cable system than fi)r purposes of 47 U.S.C. ~541(c)l lo thc extent such fimility is used in thc transmission of video programmimD directly to Subscribers; and d) any facilities (>fan electric ulility used solely for opcratit~g ils electric utility syslc~n. 2.8 "Channel" shall mcan a 6 MI IZ b:md o1' ;mah)g fl-cqucncics, or future encoding slandard, in tim clcctromagnctic spectrum (or any other means oftranslnission, including Imf m~t limited to optical Iibcrs, which is capable ol'carrying tt~c cquivalcnl signal or signals), and includes uses of all or any pmlion {ff suci~ h;md of frequencies fi~r digilal vidco/Iclcvisim~ signals. 2.9 "Courtly" shall mcan Ihc Collier (Mum.v, l:lorid:t tlr thc arc:t v.'ithiu ll~c present county limit.s and such territorY oul.,;~dc of Ibc ['~om'lly over v,'lfich thc Cotmly has jurisdiclion or conh'ol by virtue ol'any law. Jun,,: 2 t. l'rI7 ~.11) "('ounlv (:ommis~ion" shall m¢:m thc Hoard of £'otlnL¥ (.'oHnnissmncr.~ 2. I 1 "('uslomcr Service :';t;tntlnrds" shall mcan those m:tmhttds ;Mop,cd by Iht I:C(' ami ('ounly (to Iht CXIClll Hol IllCOllsislclll \".'ilh Ihosc ol'thc I:("('). Which V.~x't'rn thc In;mIter ill ('ir;Htlcc i~tlcr;~cts x~.'ill~ thc t'~HbiiC ;H~d }I~ 2.12 "i:¢ ;(7' sh;tll mc;ut Ibc ]:cdcral L'ommunicalions Commission or any successor agency. 2.13 "l:r;,nchise" slt;tlt mc;m ;m initial audmrization, or rcncwal ll~crcof,(incl,nling a rcncw;d ~,t';m amhorizalion which has bccn ~,,r;mtcd subjccl Io 47 U.S.( '.~ 5.V, ), issued by {he ()ouniy, wi~cther such authorization is dcsignalcd as a Vranchisc, permit, license, resolution, contr;ic~, certificate. ;~grccmcnl, or olhc~vise, which ;mthorizcs thc constn~clion or operation ora ('al}lc ~vstcm but neither sHpcrsctlcs nor lakes the place ot'any license, license I~c or permit authorization whici~ Hli?lt othc[xvisc be required for thc privilege of Iransactinlt business within 2.14 "l:r:~nchise I"ec" stndl mcan an annual fcc oF live percent (5'5L) of( h';mlcc's (;ross l:',cvcnucs paid tk,' Iht usc ;Htd occup:ttion of thc County's righls-of-w;ty. 2.15 "(';r:,n/ec" or "l,'r:tnchisec" or "Company" sh;tll mcan th¢ p<rson, tlr:n, or corpor;nion lo whom a I:r;mchisc, ;m hcrcinabovc del]ned, is grantcd hy Ibc (7otmly ;md ;my lawful StlCCCss, M', Ir:msl~rcc ~r assignee ot'said pcrs~m, firm, or cou~oralion. 2.16 "(;ross I~,c','enues" shall mc:m all revenue cnctunbcrcd at thc time ol'salc Jbilling] t)y IIic (jr;mice. ;wising I'rolll t)F attribut:d~lc to thc sale ol'cablc television video or ;radio program scrviccs, vidcotcxt services and video games im)vidcd by Gr;mlcc witidn thc (Munty or dcrivcd From ils operation within thc (7ounty. Such revenue includes, but is not limited to fees charged subscribers lk>r any video and/or audio program sc~'icc; instaIIntion, disconnection, rcconncclion or scrvicc mainlcn:mcc agreements; cquil)mcnt rcm;d; Icascd spectrum; advcrlisir~g sold by either thc ( ;t;mtcc or ils agent; ;llld sty, ri:mi C;ll'l'i;IgC [C,![. h,mtc shol~ping SclviCCS; m;u'kclinF.. laLmch and rctr;msmission] a!U'CClllClttS. Thc sum ol'thc ;~lk~rcmcntioncd shall bc thc basis c;llctzl;ili~U,, thc I:r'.mchisc I:cc ~[nl)OSctl [llll'Sll;llll lO Section 4~ herein. I~xclu,lc, l arc related t,~: roi'rinds; I);M iici}t; cquiplllt:lll {Icp~)sils Jo.g. CIISIL]IIICF Icx'ltlill;d dcviccs}; any salt's, CXCiSC {)l' {)lJlCl' I;IX c~)Jlcctcd }~y ( ;r;llllcc oil }}C}l;~Jfol';llly ~,t~VCllIlHCHI;~I HHil; rCilHI~tHSCH~CHt:; cxpcnscs (c.g., rcturnctt check l~cs, and copy cxpcnscs); or items cxtzhtdcd by h~cal, si:tlc {q Igdcral law. \Vilh rcg:.rd to inm-x'idco Iclt:commt,nic:~tion services h> subscribers that thc ( ir:inlet may provide through tim cat,lc systcm, tl~t: (;r;mtor rcscrx'cs nil rights it has now or subscqt~cl~l~f pr.,vidcd that .<,tlCJl terms ami ctmdilhms ami such I'r;ulcJlisc I~c or other l~l'ill ol'considcrali,m or 2. ~ 7 '1 nifial Service Area" shall mcan that Bcograph~cal area bmmdcd hy Marco ~I' Vid~'O SCFV~CCS, Voice trallSll~{Ss~oHs ;H~d d:ll:l lr:lllSlllissiOllS which ~s g, ellc~ ;11~? avili~al)lc to suhscrihcrs who arc not rcsidcnti:ll subscribers; 2.20 "()lher (])mmunications Service" stroll mcan inll)rmation :ludio, video, d:lla. tclcphony, lnlcrnct access, text service, electronic communication lc-maill. '~" :my oilier service Ihat Cai,lc ()pcralor makes available fi)r purchase by Nuhscrihcrs; 2.21 "l'crson" shall mcan :m il~dividual, palmcr.'dfil~, :tss<)ci:tli,m, limited liability c~m~p:u~>'. joint st,~ck cmnF,:my, lrust, corporaliou, or !,~ovcrm~cnl:d entity; ') ~'~ "l'ublic, l,;ducnlion:d or (;overnmcnt:d Access [i'E(;I Use or programming" :uld ;}~;r similar timnulations of these terms shall mcan non.commcrcial :md/or not-lbr-prolit usc by cducalitm, govcrnmcnt and public [community] television providers of channels on thc cabtc system In c,mvcy infiarmalion lo thc public. 2.23 "i'ul)lic Ihsildings" shall II1C;III public SUl~l*U~tcd K-12 :;chools, Fcdcr;d :';lalc. (.'otmlv. ('OUIItV ;tlld 'J'O\VI1 ?,o',,'crlllllCBI ~\VllCd or leased Imihtings. 2.2-i "l:.duc:~li.,l:ll ,r (;ovcrnmcnlal Acccss F:tcilitics" shall mc:m: a} channcl Cal):lcity dcsignatcd f.r cducati{mal and govcrmncnt:d usc; and. h) facilities and cquiimlcnt fi,' thc usc of such cll:UlnCl Cal)acity. 2.25 "l'ublicWnvandl~,i~hl-()f-WaY"shall inclmlcthcsmfilcc, thcairslXtCcab°vc surf;icc, ami thc arc;~ below thc surt'acc of any public street, ave,mos, hi~;hw;ty, l;mc, pnlh, si,tcwalk, houlcv:ud, drive, bridge, tunnel, park. parkways, squares, vi:Mutts, waterways. t~rccnwavs, utility casements, ami other puhlic property n.w or hcrcalicr hchl hv thc (7t)tllllV ~hc St:tlc'which sh:tll cntillc thc ('ntlnty and thc Grantee to thc usc thereof tbr thc I~Ui-posc inslallinuandm:~i~dainingthcgh'anlcc's('ablcSyslcm' NorclUrcncchcrcin. ol inany I'r:mchb;c, to thc"pt]blic way" shall bc dccmcd lo bc :l rcprcscnlali{m or gt~arantcc hy thc ('ounlv that ils littc to :my t)~opc['ly is sul]Scicnl tn permit ils usc lbr such purpnsc, and Iht ( h:mtcc shall, by its t~.sc ol'.stlc]~ ICCIllS. I~c dec,Hod Io g;li~ o~lv such rights lo usc propcrt.v ilt lilt: ('o~:HIv ::s I]lc C:ouuty inny hnvc lilt: undisl~Utcd righl and l~O',vcr to gi,.'c or as gcantt:d bv I:cdcral or ~t;ttt.' ];tx,.. m:Lttcr.s at~d thirty (30) I~u.sincs:; dav.s for I~nancial z~atlcrs. 2.27 "l~,csidet~linl Sul~scriber" shall mcan a subscril~cr who rcccivcs service ill nil it~di,.'i~lt~al ,.twcliing uslit or m,ltil'~lc unit d~.,.'clling, v,'hcrt: iht: service is ll~:,t tO I~c ttSt.:.tl ill t~o~lllCcti,t~t'~ ,.'. i'A~ a busi~lcss, tradc or prc, l'cssion. 2.2,~ "Sul)scriber" .sh;tll nlcan :,~y pcrsol~ or cntit.v Inwl'ully fcc:tiring ;"U,' polliolt ol'thc ( 'able Service ofa C;r:mlct: i~urst,a;lt lo l]li.s I:r;,ichist.'. 2.29 "Service Tier" shall u~c:ln a cate?rs.' of Cable Set'vice or Other (',)mlntulication.s :-;crviccs l'~rovidt:d by a (;able ()pcralor alld ['or which a scpnrntc r:ttc i.s cl'i:lrgcd by tJic (';ll~]c Operator; Section 3. Frnuchise 'l'erritor'c nnd lnitinl Service Aren 3. t 'l'hc c:lblc Iclc,,'ision franchise grallLcd t'~urstJall( tO this AgrcczHc~t shall bc gcograp}~ic nrta of IHt Marco Island Florida Lo be so.cd by thc t?;ulchisc thc spool tlc pul~lic whys ~cccssary to sclc such areas. 'I'hc cable tclcvisio~ ~ol exclude l'roH~ ils sccviccs ;uly high-cost (per customer) nrta, any rural pcrsoll b:~sed on lt~:ll person's income 3.2 Thc (;r:u~tcc's li~itial Service :\rcn is further clcFincd ill ,%cctioc~ 1 I. 3.3 Attached :,.,4 l']xhibil :\ ;~ld itlcorpor;ltcd by rclkrcncc as if fiilly sci tk, rlH hcrci~, is thc (;rantcc's application to scr~'c Marco Island's governmc~t, cot~H~crci;tl, busi~c:¢s :tt~t residc~tinl properties. Section 4. N:~lur'e :lnd 'l't'rms of (;r:mt 4.2 may. ii~ ils sole discrctiot~, elect t~, Ic:t:;c tiber {~ptic. conxi:tl :,~d 4.4 4.5 ,;.6 -;.7 Thc fr:mchisc gr:mlcd herein shall run for a lcrm of seven (7) years comlncncing Ulmn ;~cccpt:mcc by .~.,,r;mlce. ".Vhcncvcr any cxislin.g electric utili:y, cable facility or tclccommt.]ications facility is I<)c:]Icd un(tcrgrou!td within a puh!ic way ot'~hc ('mini>'. :t fi-;mchi:~cc with pcrmissiou lo occupy Iht same public way .]usl h)caIc ils cable lclcvisi.n I5~cililics tmdcrground at no Ctuil lO []lC Whcncvcr any ney,, or cxisli.!.,, clcctric ulihlics, cable Ihcilitics or Iclccommunicalions I~cililics arc h)catcd or relocated tmdcrgrotmd within a public w;tv ~l'thc ('(~tlnt)', o';lOll (}rantcc Ihat currcmly occupies thc same public way shall rclocalc its Ihcilitics tllltJcrgrotllld :11 I10 c't)Sl lO thc ~l;llc t/f ('OtH/IV. ,'~bSt'~lt CXI[ilOFtJJll;IFy CiFCtlH1SI;II1CCS t~l' tmduc h:mlship as determined bv thc County Franchise Administrator ;md tl]c ('ountv's Put~lic Works Admmislralor or his/her designee, each such rclocalion undcrgrouml ~nust bo mmic conct~rrcntlv Io minimi/.c disruption ol'thc public ways. If thc existing (5ra~tcc docs rmt rcloc;ttc concurrcutly, fl~cn il must rclocalc tmdcrgrotmd within a reasonable pcrio,l ofthnc, which shall not bc I;]tcr than tim cml of thc grant term ttnlcss an cxlc~sitm of'time Js gr:mtcd I)y thc County's Irranchisc/XtJ~]li~HstFatt)F xvilh coNcu~rc~lcc J)v Iht (Tcmntv's P.blic Works Director. All fr;mchisccs arc required to obti, Jn constrt,ctiml permits fi~r cai)lc system facilities, provided however, Ihal nolhim~: in ti]is Ordinance shall prohibit thc Coulllv and a fr;mchiscc from agrccir~g Io all altcr,ativc plan rev/ow, pcm~it aml constrt~clior] procedures, provided such ahcrt]ativc proccdt.'cs prox'idc substantially cquiv;dcnt safeguards fi*r responsible t:ollslrticlioll practices. 'Iht (;rantcc shall make it.',; cable tclcvisiml services availal>lc t,~ any cuslonlcr within its set'vice area who shall request such sc~xScc, without discrimination as to Ibc lerms. comlilions, rates or cl~argcs lbr gr;mtcc's services: provided, howcvcr, that nothing in this Section shall prohibit a ff:mchiscc t'rolll making reason:thio cl:msitications among d/fl~rcntly situated cl~stomcr gruups. l!;tch t?:mchiscc shall m;lkc ils cai'dc Iclc,.'is/cm services available t,) thc County :,l its most I'avor;tblc rate Ibr similarly .qilualcd u.scrs, unless olhcrwisc expressly provided {)lhcrwisc ill {]lC ;I~'jUCIlICIII, For l{ic purp,)sc of;md l,.) Ibc cxlcIII rcqtIJrcd It) ;IcCUmldiSh ti':msi>orting I-Net aim access channels, thc (}rantcc shall inlcrc(mncct its cable fiySlclll wil}l other syslcuis ucarbv :irc;is. upon Ibc dircclivc ol'thc (7ountv's l:r;mchisc Administrator. 'I'o ftflfilt this obligaliml, thc (;ramco shall lSmfiliarizc itscll'with all Icchmcal rcquircmcnls nccdcd CilllSC StlCh illlerco~lllcCli~)ll. I.nc 2 ;. !,v~; '] 4.9. I hitcrconncction ol'thc system:; may be ;~ccomplishcd bv dir¢cl hard cable COHHCCIiOI1, iHic'rowavc link, s;dclli~c, or odlcr ;q~lnOp~lalC H~c;III:L 4.9.4 ;~ffcctcd svstc[n(s) in ~rdcr that all c~sts may hc M~arcd CqLlitably ;unong thc (]r:mtccs ~br lmfl~ con:;tmction and opcralion of fl~c [ntcrcotmcctmt~ link. guct~ mtcrcnunccthm shall hc mmic within thc time limits as established Iw thc ('otml?s Franchise Admhm;trator 'l'hc Cirantc¢ may be acco, tried rcascmable exlcnsim~s of tt~c time to intcrct,tmcct. or thc CounW Ill;IV rescind ils mdcr lo illtcrcOllllCCl upoll l~:mchiscd c:~blc (]per:dots to Ihe County. Thc ('otmty shall gr:mt finds that the Cirantccs had ncg. oliatcd in good lSdlh and had [5filed to obl:~it~ approv;ll I¥om thc othc~ afl,clod (irantccs. or thc cost ol'intclconncctiol~ necessarily c;itlSC all tltlrc;lso~lablc or tlllacccplablc illci'casc Thc (}rantcc shall cooperate with any intcrcon]'~ccti(',I'i corporation, rcgmn:tl inlcrconncction authority or h~cal, Slate and/or Federal rcgulah~ry agency established for Ibc puqmsc of regulating, fimmcim.'., or olhcrwisc I',rc, vidin.'.', li~r thc ildcrconncclion of cable syslcms beyond thc l)oundarics of thc (7otmty. 4.1(} 4.12 tx, new fr;mchise applicaticm shall hc rcquiro, l by thc (ir;mice t~ ;tlncmt this fir:mt sh,,uht thc (jr;mice desire to extend its sc~vicc :uca or to loc;tlc its cable tclcvisimt t'acil~tic~ ~ punic ways of ll~c Com~ty wifici~ arc i~ot expressly included in this (ir;mt. It'mdc[-cd by thc ('otmty tO, h)catc or talc, cate it.'.; cai)lc %'stem Cacilitics in public ww,':; not i~cludcd in a prcvi(msly grained fr:mchisc, thc County ~;lmll granl a franchise ;llllClldlllCIll wifl~out further application to thcilitatc such ordered changes. No franchise simll bc rcncwcd until all on!,.,oing violatim~s or dcfault:.~ in thc grmltcc's pcrformarmc oF thc franchise aF, rcc ncm. or oF thc rcquircmcms in this ()tdiuancc. hax c hccn cured, or a plan (Id:filing thc corrective acli(m that will bc I:,kcn bv thc (ir:inlet il:ts hccn appr<wcd in wrilinF, Iw thc ('otmtv's Franchise ,,Xdmitlistr;itor. ,%uclim'l 5. ('uslomer Service Slandards (Muntv has dctcrmiucd that it is iii thc I)cst inlcrcst of its tc.sidcnts and ctmsistcnt v:ilh thc public scrv{ccs hv thc (jranlcc. :l'hc (}rantcc gh:dl operate its (':fi)lc gystcm in a m:mncr COIISislcl/l x~ ltil thc (~oum~"s Consumer I'rotcction l'rovisim~s, Collier (hmutv(Mdc. (Thaptcr 30 ~ 55. I,, CXICllt tlla~ 5tlC}l provisions :u'c not inconsislcnl with those t)f thc F( '( '. Section 6. 6.5 6.7 (7ompcns:~lim~...\uditiu~ and ()flier Payments mmual Fr;mchisc Fcc o{' five percent (5%1 of thc Grantee's (}ross Rcvcmics. All such payments o{' Fr:mchisc I:ccs shall be payable monthly m accord;moo wilh Ch:iptcr 3(1-28(k)(2) Ibr Ibc prcccdh~ mouth. Franchise Fcc payments shall bc thc calculatim~ ol'thc payment duc Iht thc preceding period as set tbrth in I,Nhibil (7. Thc payment of thc Franchise Fcc by thc Grantee is lk)r thc right to consl;UCt and its C fl~lc System, as defined herein, within thc County' public right-of-way :md is in lieu o{' a right of way usc m' encroachment The County, on :m amm:d basis, shall hc furnished a statement within ninety (9~)} day:~ thc close of thc calcmlar year, ccrtiiqcd by an official off thc IYanchiscc rcstmnsiblc tbr thc Cable System's lh~:mci:d'sh~Icmcnts, reflecting thc total amounts or'Gross Rcvcm~cs dclincd 5mrein, :md all payments, and computations for thc previous calcmtar >'car. ten (10) days prior wriHcu re)lice, Ibc County shall have thc right to comh~cl ;m imlcl}CndCnt audit ~f (iranlce's records. If, after resolving any dispute arising from audit, Grantee has made a Fnmchise Fee unde~ayment of lhree percent (3%) or more. thc (jr;mlce shall assume all rc;mon:tblc costs ofsuch audit' lnothcrcvcnts, lhcC°untYshall bear all cosls aim fees. ass~ci:ttcd with any such audit. All Grantee's books and records concerning its Gross l~evcnucs and ils calculalion payments to thc ('orally. shall bc avail:d}lc tbr inspection by ;m approl*riatc officer of'thc (7ounty, or its designee, itt rc;tson:thlc times to tlctcrminc thc aznotmt ofcompcns:tli<m duc to lhc County fronl ( ir:mice trader this Franchise. Such records shall bc kept so :is accurately show Ibc same. Grantee shall prepare and make availablc to thc C,mnly times reasonably requested by Ibc Cotmty and in thc limn prescribed by thc (Jotmly after consultation wilh Ibc (iranlc~, such rcimrts wilh respect lo ils ('ahlc SS'stem :md thc (}ross Rcvclmcs derived lJB:rcl'ro~ll, ;Is thc (.'oullly ~:ty {Icc~ rcasmmbly necessary :q,propriatc. In Ibc event (ir:mice makes :m under p:~ymcnt or in thc event (;i;llllcc l'mls to tn:tko payment on or bclk~rc thc &tlc it is duc, (irantcc shall pay interest at a riitc of one (1%) pcr month on any such u~dcr p:ty~llcnt :md/or late payment. Interest shall accrue, with respect Io trader payments, until such time that thc (;rantcc is notiiScd about any alleged umlcq~:~ymcnt hv thc County. Ctmsi~;tcnt with t~dcral requirements, thc Grantee shall file no less I'rcqucatly than ;rant{ally any l;u'ilTs, :m~cmlmcnts, or modifications affecting thc sale of its services and sul,scribcr terminal equipment and shall provide written notification m thc C,nl:ny within ]nm: 2:.. lhiuly (30)d:o,'s ol':u~y proposed changes. Thc (ir:mlce shall :~lso [~to,,'idc t~ thc {'ounlv copies of all Iilin?.s. rcp()rl.s and l)clilions It> local, state, or fcdcr;tl rcgulatt),y a!.,cnc;cs. Thc ( ivanlcc, a! il:; optio~, n~:ly disch:~rgc ils oblig:di~)u to pre,vide an Institutional Nclwork ;~d/or roi:dod servicer; l;~r thc (,otmly by providiu~ an anrn~al Mr;mi, Iobc paid Ul~t~ ,.~cccpl:l~cc of f:r:tnchisc (Ncclion 39 herein) and each :muivcrsary ol'lhc 15';mchisc costs incurred by tl~e (ir:mlor l~r the sc~'ices and expenses associated with the provision telccommunic;~tion cquipu~cnt, recurring lilac ch;trgcs and il/dcpcndcnl c,~sull;u~ts} t~x' Grantor or Ibr any olhcr I;t,.vful purpose Io public building5:; within tl~c ( h'antcc's initial service area. Fu~lhcrmorc. the p;utics ngrcc that any cosl lo thc (}ranlcc ;tssociatctl with providing these IMnds undcr this Fr:mchise, including without limitation, Iht nmounls set forlh herein are not pa~ of thc Franchise Fee, and 1~11 within one or more ol'lhc cxccpti~ns to 47 ti.S.C. 5~2. Scclion 7. i'uhlic l*,i~ht-of-W:sy Usc (;onditions 7.1 Unless olhcp,~.'isc spcciticd in :l fr;mchisc ngrccmcnl, nil facililics .shall hc con::,lru,.'lcd. installed and loc:,llc(I in :mcorthmcc with thc li)llox,.'ing tcrl~m :md conditiol~s: 7.1.2 'I'll,.2 (;,.)ulllS', :1! il.,; sc~lc discretion, may r¢(jtlirc :ii ilol c~)sl 1o lilt ('o~llllv th~: (Sranlcc to loc:dc and identify its cable television fncililics within thc put)lie '['hc ('ot~l~l)' rcscr,.'cs thc righl, upon rcasc, nnhlc notice, lo require thc ('ira;~lcc ;,,t ils cxpcnsc to praefect, stq~port, tcmpt~rarily disconnect, rclocalc or rcn~ovc l'r,m~ thc County's street any propcrty of thc Grantee by reason ol'trnflSc conditions, ptd~lic salUty, strccl construction, rcnl or l*lanncd excavation, ch;m~Ic {~t' cstal~lishrl~c~l ~1' SII'cC[ grade, illslallalion ()r plant,cd installation of sewers, drait~s, writer pipes, p(~wcr a~d,/or COtlllllllrliC:ltiOll lineS, Irncts, or ()lhcr lypcs o['sIl'tlCltlrc {ir improvcn~cnts I)5' govcrnmt:~Hal agencies or any olhcr slruclurcs proposed Ii,~ public itnprrJvcn~cnt. JLcason:tblc notice fi>r this provision mc:ins at Icnsl ninety (~)()) {l:l)':i, cxccpl in Iht case of emergencies where n{~ spccitic notice period shall hc rcquirctl. Thc (_'outcry sllall cndcnvor tt~ notify and sock c()n~n~c~l I'ro~ thc (}rantcc ~vill~ respect to ntiniJniTing disruplion lo thc (7;il)lc ~ySlt:Ill, WIICIC i~uhlic works projects ~;t}' al'IL'ct lilt (}r:llllCC'S cahlc svslcn~. J:Jnc 2.1. I~t'17 lO A I'~;mchiscc wifll permission Io hu;iali overhead I'acililic:; ~hall insmlt its cable ?stem Ihcililics on pole atmchmcnls lo cxisling ulilily poles only. ami Ihcn ,xdv ii' surplus ImlC space is Ihtm avaihfl~lc Io Ihat I~anchiscc. 7.1 \Vhcllcvcr a l'mblic way exisls lo acCOnlmodalc Iht ( ;ranlcc':; .'.;yslem. thc (}r;mlcc ~,hall ~t~)l h~cahz ils facilities of f thc public right ot'w;:v and shall make eveO' cl'l',~l't h, h,catc il.,; l¢lccommunic;Uions filcililics within thc pt,bite ',,.';tv hclbre scckinb' t~FD.'31C e:tscltlclilS wilhin Ibc Courtly. Thc Gr;mlcc. al no cost Io 1}lc County of tl~c Stoic. :;hatl rch)c;llc ils tk~cililics ami appli;mccs which arc in conflict with ('otmty projects h) upgr:Mc or conslrucl roadways. 7.1.7 Thc (ir:mlce shall locale, place anti construct its cable svslcm fitcilitics so as mq to intcrlkrc wid~ thc construction, location and maintcmmcc of sewer and/or water mains, lines or connections. Thc Grantee shall take approl~riatc preventative measures Io prelect existing Ihcilitics within thc public rights-of-way. ( iramcc shall restore ami replace kmdscapcd arc;t:,;, p;tvcmcnl, pcdcslri:m lighliu!,,. .sidc',valks. curbs, gutters or other fi~cililics damaged by thc Grantee and or ils conlFactors with like material h) their Ibrmcr condition at thc ('}ralllcc's cxpcll:qc. and shall lhcrcaflcr, from limo to lime, but no longcr than one (l) year flora lilt; completion of thc job, rcadjusl, fill and finish thc same as may bc ncccssa~ duc sculing of thc ca;th associated with thc Gr:mlcc's disruption of thc imblic way. 7.1.9 Should lhc installatioti of new cable system facilities cxhatls! thc capacity of existing duels, conduits, manholes and other fimilitics within a public slrccl or milily casement m reasonably :lCCOllIlllodalc future Ihcililics. tim (}r;mlcc shall Ih:d lime provide additional ducts, c{mduits, illalllloJcs :llld olhcr thcililics tb~ nomliscriminato~T act:csx Io l~turc users of Iht lmhlic way. 7.1.10 'Ibc (';rantce shall adhere Io :ill I:cdcr:d, State and I~cal laves, rules ;,mt rcgulatiou:; rcgm'ding thc location, construction, and mainlcn:mcc of its cable syslcm fi~ci lilies within thc public righl-ol'-w:U. Scclion 8. Franchise- Not I.ixcl.sive This l'T:mchis, c shall bc non exclusive. Thc (7ounty reserves thc right lo !pant frimchiscs to other persons ;it ;thy time or construct, cq~cr;dc amt repair a cal',lc svstcm its. elf ()r lo contract ,.vith other pc;son for thc t~.qc el'thc ('oullly sh'ccl.'.; or property fl)r tile el)oration ofolhcr cable Sccliori 9. No-Waiver Thc f:tilurc of Iht Cotmly, upon one or mnrc t~ct;asi~ms, tt~ c::clci:;c a riehl or lo require COmldi;mcc or pc;titan;moo raider this Fr:mchisc {~r any ,,thc; ;qqdicablc law shall n,~t hc Juhc 21. 11 dccmcd ~o conslilule a waiver of such riL.'hl or a waiver ofcompli;mcc or pcrl'~rm;incc. unless such l igh{ has hccn spccilically waived in writing. ').2 \Vaivcr ~l'a breach of lifts Fr;mchisc or any scclion o£Chaptcr 30 of Ibc Cotlicr ('ountv ('o<lc shall not bca waiver ~l';my olhcr b~cact~. Neither thc gr;ull ol'thi>; {:rimchisc ll,~r any provisim~ herein shall constitulc a waiver or bar to d~c cxc~cisc of any ~:OVk'I'IIlIlCIIt;II right or power of thc ( 'ounly. Section 10. Regulati{m 1().1 Thc Courtly Commission shall bc vcslcd wid~ lhc power and ;mthorlly t~ rc;tstmablv rcgulalc thc exercise of thc privileges pcmlilled by lhis Franchise in thc public in~crcsl. .Any tifilurc by lhc Couuly Io l,romplly cnfbrcc compliance with this Franchise in accordance wilh Federal. st;itc and local taws and ordinances shall nol relieve (ir;mice ~1' ils oblig;ttion to comply ',vid~ any pr, wision of'this Frar~chisc. il).2 Thc Granlcc's rights, without limitation upon thc County's rcgul:ito~y ;nllhotily. pursu;n~l Ir) thc Commui~icalions/Xct of 1934, as amended or any olhcr sul,scqucnl IL'der;il or sMlc law, shall not bc abrog;Itcd ~r otherwise limitcd. 10.3 Following rcasonablc notice, thc County reserves thc right lo inspect thc installalitm ami maintenance of thc C;iblc System. I0.4 Thc Gr:mtcc sh:lll comply with all federal, .'.;lille :llld loc:il regulations, ;ipplic:d~lc ('ahlc System, such as lbo Nalional l(Icctrical Code. N:tlional I~lcclrical Nal~'ty (.Mdc. Fiber ()pile Cai,lc Installation Npccifications. 1987 {Telecommunication Industry Conmlitlcc]. Ira{'lic s:tfclv/I;mt: ch}sure rules and construclion i'ct[tlirClllClll5 by Ibc Couilly. Section 1 I. Cai}lc System Design :lli{l Corlslruclion lI.l Thc Cahlc ,%ystcm sh;lll !'.cucr;llly conlbml 1o Ibc s.vslcm design and ch:ulncl c;ipac~lv spccilicalioim scl Ibilh ot] l,;xhil)it .,\ hereto. At ;i minimum, thc (';r;mlcc shrill construct 550 MI Jz cabJc lcJcvisi{m signal lriuisjmrl:lliOll syslcnl. Thc ( ;lCCOll]llIOdillg lcc}ulological illllOV;lli()llS ;ll]d rcl~llClllClllt; which enhance system rcliahility and capacity. I 1.2 Thc cane television nctw{~rk shall satisfy all FCC standards for ('ahlc S.vstcms. 12 11.3 .3.1 Thc ini'i:ll service area incimlcs :~ portion o1' Nt~rlh C'o icr l~ouicv:u([. Constrticlim~ :md thc provishm ol'cablc service hi Ibis :u'c:t shall hc completed ami 1.3.2 A scctmdary service area h~cludcs Iht lk~llowing streets: Satttt-~ ('ourl, ( ircc~d*ricr StrCcl, D:mdclim~ ('om1. Wintergreen Court, and M;mor Terrace. ('onstruclion :ltld tllc provision of cable scad'icc in this area shall bc completed and bc fltll>.' ~u,cration:d nt~ lalcr than .I:mu;~ry 1. 1999. 1.3.3 In athlitim~ Io Section I 1.3.2, Ibc Grantee shall cXlclld its cable svsicm ;mml;dl>' h, pass nn fewer Ihan lO0 single family home sites :mnually fi~r each ol'thc sccmM (2nd) through sixth (6th) years of thc franchise term. 'I'~ qu:di{}'. Ibis extension shall take Ibc lk>rm of trunk and l'ccdcr cablc, complclc wilh all nctivc and passive devices, inclmling pedestals and sc~'icc taps. I 1.3.4 Thc definition ofsul~scqucnt service areas bcyoml those provided Fro' in Not,ions I 1.3.1-3, which shall resulting in a flfll build out of Marco Islamt. where Ibc dwcllinu density is greater th:m 20 homes per mile, shall bc ncg~viatcd ,m c:~ch :mnivcr~a~' {~1' thc t¥:mchisc ?mt and shall be subjccl to: a) thc fr:mchisc mmlification provisions of Scction 33..1 herein: b) Ch:q,tcr 30 ~ 42(a)(2) and ~ 42(c) of thc Collier ('otmly (.Jot[c: c) Ibc ability oi'thc Grantee to dcmonstrutc thc financial cap:~city I,> u]nlcrlakc aim successfully complete each successive pimsc; and d) :t commensurate cxlcnsion o~lhc Fr:mchisc term to complclc c:mch parlial buihl ,mt unlil such lime that Ibc (]r;mlcc fidly builds out M;u'c<) lsl;md, hut al m~ lime sh:d} Ibc franchise term. including cxlcnshms, cxcccd liliccn (15) year>;. t 1.3.5 Thc ('Otlllty, Ill;IV :~t ils discrclion, grant reasonable extensions of lime h~ c[,nqdc~c t}lC COllSlrtlc[ioll projects. Scctim~ 12. Initial and Continuin22. 'l'esls 12.1 Thc ( h':utlcc shall pcrihrm all tcsls necessary to dctmmslratc compli:mcc with thc ~cquircmcnls 47 ('.I:.R. 7~ suhp:u't K. AU lcsts shall bc comhlctcd in accord:moo with thc Ff'("s rules. 13 J,mc 21,1'c}7 2.2 All construction m:,.ps, shall be provided to thc County no less than ten ( ~ 0) days pdor to thc commencement date of thc upgr:~de. "As built" maps shall be provided no more d~an thirty (30) days fi~llowing thc conclusion of construction for each grid. Such maps should designate thc location of Grantee's facilities in a mutually acceptable Ikmn. Section 13. Public k;ducntion nnd (;ovcrnment Access l'rovisim~s 13.1 Thc Grantee shall set aside tx~o (2) channcls of its transmission capacity for public interest VEG acccss channcls on thc rcsidcntial distribution system. 13.1.~ Thc fr;mchiscc agrees to provide Ibc County wilh PEG access equipment ?an!. cMculalcd at fivc dollars (55.00) per subscriber for ibc purchasc of lclcvision produclion cquipmcnt Io bc tlSCd ill thc sole discrclion of thc ('mmty. Thc subscribcr cmmt shall be set on thc third (3rd) annivcrsa~' oftl,is A?ccmcn~. Thc Gmmty agrccs Io provide ileCCSS3~' personnel at its expense Io opcralc ~T~c I'EG access ch;mncls alld provide Ibr thc usc of such fi~cilifics. 13.1.2 Thc Grantor, at its option~ and consistcnt with public need, has determined lhat thc existing PEG channel shall be carried by thc Grantee on ils cable sSslcm. 13.1.3 Thc Grant{w, or its designated access management cnlily shall provide Ibc (~rantcc at least ninety (9(1) days prior notice Of'lilt required aclivatitm of new I'll( i access channels. 13.1.4 PEG access signal transportation on thc Gr:mtcc's cable syMcm or intcrconncction fiicilitics shall bc providcd without charge m lbo Grantor or thc Acccss ('cnlcr from thc point ol'origination, upstrcan{ Io thc (irantcc's inlcrconnccting hub site fiw downstream distribution on thc cablc system tt~ subscribers. 13.1.5 One(l)upstreamchannclshallbcdcsignalcd'cxclusivc°fSccli°n 13.1 and 13.3 hcrcin, for PEG access rcmotc location return t~cds to thc 2Xcccss Center; the PEG access provider shall furnish a RF modulator 2)r thc return signal {~cd. Such remote loc:ilion return feeds shall be activalcd upon reasonable notice 1o thc Grantee by ibc I'I~G access provider. 13.1.6 In thc event an activated PEG access ch:mncl becomes dark and is not utilized fl~r more ~han twelve (,12) conlhming monlhs, thc Granite, upon one-hundred eighty (180) days written notice to Iht Grantor, shall have thc right to reclaim Ibc channel. Thc Grantor or its access providcr, shall have Ibc righl to acquire thc channel in accordance with thc provisions or,he Four Year Review . ' Collier CtmnLv Code. Chapter 3(I § 54(b) 14 June 23. 13.1.7 Thc g,')','crmncm access cha,mci, or :mc)d~ct channel made av;fil:,blc by thc { ;ralllcc Io linc ( ;r:mtor Ibr Ihis purpose, may I~c used t,* provide "in-so, vice" ,,~ sl:d'f dcvclolm~cnt training by cilhc~ thc ('oUldy. ('~>tmty or thc public school:;. Thc (irantor may direct thc ~ir:mtcc lo encode this channel so that it is only :~vail:d>lc to fi~cilitics or individuals atllhori/cd by Thc (ir:rotor. Rcqui~cmcnls Rc!,.artlin~'. I~.ulcs and l'roccdmcs lbr l lsc ~l' I'I(( i Access ('h:mncls. Thc ( ir;mlor shall he responsible fi~r cst:tblishing ami cnlbrcing rules for usc oftl~c i'l~(; access channels. 13.3 1.';.2.2 'lhc( ]r:u'dcc may not c×t.'~cisc any c¢limri:tl c,,mlnd over thc onntcnt c,f l.)rogr:unming on thc designated I)I:.G access ch:mncls. Thc l',artics agree lhal :Ill",' COSt It') IIlC (}r;llllCC ass{related with providing.' access F:~cilitics. amt cquipmcm umlcr this Franchise. iuchztlin!; wilhout lin]it:dion, thc scl forth herein arc n()t part of Ibc Franchise fcc, ;uld fall within ,::,nc or m,.)i'c of thc cxccpti{)us l(') 47 U.S.{' ~ 542. Scc! ion 14.1 14. Institutional Network Provisions At thc rcqucs! oFthc ('h':mtor, Ibc (}rantcc shall tlc.signatc, m') less than Ihrcc inonlhs prior to thc c(~mmcnccmcnl oF tlj~[}radc COllSlrtlCliOn, two libcrS ol'lJlc inslallcd cap;~cily cm iI~4 cable system wilhin Iht (7oullly, exclusive of PEG channels, as :m Institutional Nclw()rk J I-Net 1. In Iht absence of fiber, thc (}ranlcc shall design:dc Iwclvc (12) MI IX of tl~c capacity on its cable svslcm as an inslitutional network. Thc dark fibers and thc lxvclxc (12) M IIZ capacity o~(thc coaxial cable po~lim~ of ils cai>lc syslcm shall he ax'ail:ddt h~ thc (ir:rotor and design:dod public agcncic:; lbr voice, video ami ti:da transmission purposes lmrsuanl to tcrms and conditions described herein. Thc Oranlor shall dcsi?alc Ibc locations, atlachcd as Exhihil B and incorporated by rcfcrcncc as if fidly set tb~th herein, to bc served by Ibc Institutional Network . Thc lnstimtimml Nclwork sh:dl bc reserved tbr exclusive usc by thc (h':mtor and design:dod public agencies. 14.2 'I'i~c (jr;rorer rn:~',', :d its s()lc discretion, either: ;t) purclmsc channel signal carria.,.'.c. IJi')o;,, rc;t:;onablc m)ticc, thc ( }rantcc shall cxlcml. l-Nm to any public building h)c;dcd within and Jocalcd two Iron(hod fcct (200 ') or less J'ronl lilt Cable System. 1,1.2.2 (}r:mtcc shall cooper;dc ,.,.'id~ tl~c (h-:rotor and ils aL.'cnls in dcsigning :md sclcclin'..: 15 Furnish 1crmm;d equipment a! (jr;mtee's cosl, provided ll~;,l linc (ir;mice is rcimimrscd I'~r Ibis expense by lt~c Gr;mmr. 1,1.~.3 I1' in tlm Ftm,rc thc (;ranlm' desires to iravc thc l-Net cxlcmlcd bcy,.md that wl~ich i>; ;mticipatcd hc~cin. (;rantcc ;ig~cc~ i,) charge linc (ir;rotor on a Ii,nc ami [ll;llc~ basis (inclmli,~g ovcrhcml t;oSIs) fi~r thc COllSll'tlCliOi1 of such adtlition:d l-Net facilities. 14.2.4 Il'such I-Nm dcsigtmtcd capacity romaines tmuscd, tl~c (ir:mice may usc such capacity by presenting thc (h;mlor a right o1' first rcfus;d. Thc (ir;mice shall ~:ivc linc (']ranlor ninety (O0) d:tvs writlcn notice of ils intcnl to cxcrci:qc any right ~1' tirst rcfi~sal Ihat thc (.;r;mtcc may prcscnt lo thc (ir;rotor trader this Section. 14.2.5 Thc parties ;icknowlcdgc that ll~c ;lgrccmcnt rcgarding us:igc o r thc l-Nd subject lo all local, stole, :md t~'tlcral law. Thc Gr;mtor or public :tgc~cy a?.rccs indemnify :md hold h:trmlcss thc Orantcc from and against any :md all claims. d;mmgcs, liabilities, cosls and expenses, including rc:moilabJc atlorncy's costs directly rclnlcd to Iht material under thc (~;~antm"s or public :~gcncy exclusive conlrol ca~ictt on thc I-Ncl. including bul not I~milcd lo, inl'ringcmcnl, lihcl, sl;UldU'r, dcJ';inl~diOll, patent, trmlcmark, or invasion oI'prix ;~cy claims. 1,1.2.6 Thc parlics agree Ih:d thc l-Ncl contribulions of thc C;r:mtcc to tllc (;otmty do n~! rcprcscnt ;m in-kind p;tymcnt by (Jr;inlet, or ;i Franchise Fcc of:my kimt. Scclion 15. /\s.signment This fr:mclfisc may bc assigned or a Ir:msl'cr ofconlrol cffcctu:~tcd only with Ibc y ior c~,,scnt of thc C(mnly, subject Io thc provisi,ms oFthc Collier ("o~mly Code (_'h;q~lcr 30 ~ ,12(m), thc ~t~lcs of thc I:C(; and thc Commtmicatirms Act ot'1934, as amended. Seclion 16. i>,enledics 16.1 r nc ~l.,;c, and :;uhwct JlcrciH. Ibc In :lddition Io :my**lhcr rights scl out clscwhcrc i, Ibis ' ' . ('otmty rcscrx'c:; thc righl to dcch,c a fix I'cittH'c o1' this F~;mchisc, ami ;dl ~)l'( ir:mice'ts rights arising hcrctmdcr, in Ibc cx'ct~t th;d: 16. I. I Thc Gr:mlcc is fixllxl I()h:lvc vinlatcd :my m:llcri:tl provision (>I' tllis I:r:mcl~i:;c: 16.1.2 Thc (.;ra ]tcc is fouml hy a court of COml*Clcnt jtlri.sdiction to h;ivc pr;icticcd {'r'ilHd or ,Icccit upon thc (.?<n ~ty Tim ( 'rarely :;hail !,,irc ( ;raulcc thhly (30) days wriltcn notice o1' {1:; relent lo cxcrcJsc }IS p;'~flflcm wiflfin thc thirty (30) days notice pc['hxl, or il'fl~c (h'amcc ill~li;llu:S sulml:mlkd cflbrl, to rClll,~t[)' lJlc sl:ltcd problem, :md thc cl'fi)rls conthmc hi good I~iilJl, Limn ('t)tlllly shall m~t have Ibc rigl~l t. declare a t~rlkiturc oJ'lhc Franchh¢c. JJ'(h';uflcc l~fils m cm'c thc tmdclt:tkc cl'Jk~rts saliMktctory to thc (.'out,fy, tO remedy thc slated violati~m, then thc (Muuly, upon rc;tsonablc nolicc, may illlpOSc ally or all of IIIc rcmcdic:; :tvailablc hc['cin Scctimt 17. Expir:tlion and l~,cucwal l,[cncv,,al of this Fr;mchisc sh:tll be ge, vetoed by Federal law. Section 18. (.'onfidcn6nl Informatic, n Grantee may identify inl'orm:ttimL such :ts ir:nit secrets, submitted to II~c County as conlidcnti:d. Grantee shall prominently mark any infimnation for which it claims contidcntiality wilh thc word "Confidcntial" in letters at lc:mt onc-half(V~) inch in hcighl, prior to submitting such infimnation to thc County. Thc Colnlly shall make a good faith cflbrt lo protect such confidential infimn:ttion, subject to tlic Counly's obligations under local, SlalC ;ILK] lkdcral disclosure laws. Section 19. F'orum for l,itig:Hion AID' litigation between Iht (~om'ily ;md (;rantcc arising umlcr or rog rding this l,'ranchisc slml} occur, il'in thc si:itc courts, iH thc Collier County Supcrior or District Court h;~ving jurisdiction thcrcoL or if in thc I~dcrat courls, in thc tJnitcd States District Court Ibr thc Soulhcrn District of Florida. Section 20. Notice Any notice provided fi,r undcr this Fr;mchisc sixfil be suflicicnt il'in writing and dclivcrcd personally to thc tbltowing addressee or deposited in thc United Slates Mail, posl'wc,. ~ prepaid. ccrlilicd mail, rclm-n receipt requested, addressed as Ibllows, ~u' to such other address as thc receiving party hereafter shall specify in writing: If lo thc County: (;otmty Manager (;ollicr County 3301 Tamiami Trail F. ast Naples, I:1 3,11 12 J,mc 23. l'r~; 17 \\;ith :l copy Franchise Administrator Collier County 3301 Tamiami Trail Naples, F1 3-1112 It' to tl~c t ir;intcc: I'rcsidcnt Nl:u'co Il;hind ('able. Inc. i'O Box 344 Marcc~ Island. FI, 3.1145 Scctiun 21. Non-l)iscrimination Thc (ir;mice simll not discriminate in any maimer on thc basis of age, race. sex. hamticat~, color, creed, natimml origin or religion. Section 22. Non-l)ivcsliturc '[his Franchise shall not divest the County of any right or interest in thc public righls-of-wa7. Section 23. l.elter of Credit 23.1 Wilhin sixty (60) days following thc award of thc Franchise or thirty (30) days prior to cmlstruction, thc Grantee shall deposit with thc County a letter ofcrcdit from a lin:racial institution, approved by thc County's Finance Director, in thc amount of ten-thousand dollars ($10,O00). Thc fi)tm and content of thc letter shall be al}proved by thc Cmtmy Altomcy. Thc letter ofcrcdil shall bc used to insure thc lhilhful pcrlbnnancc of thc (]r:mlcc ~)f all provisions of lbo Fr:mchisc, and C(mlpli:mcc xvill~ all orders, permits and directions of any agency, commission, Imartl, department, division or ol'l]cc of thc County exercising jurisdiction ovor thc Granlcc's acls or dcfimlts, and payment by thc Grantee of' any penalties, claims, ticns, liquidated damages, fkcs duc thc County. 23.2 23.3 If thc (.}rantcc fails to pay to thc County any compensation, not in diqmlc, duc thc will]in thc lime Iixcd herein; or fails, after ten (10) days m~ticc to pay lo thc County i,cnaltics, claims, lions, littuidalcd al;images, Ikcs duc thc County, such tktilurc by thc (irimtcc can be remedied by dcm:md on thc letter of credit. Thc County may immediately request payment of thc amotml duc fi'om thc letter ofcrcdit. Upon such request paymcnl, the (k)tmty shall noilly thc Grantee of thc amount and date thcrcol~ The letter of credit shall bc maintained at ten-thousand dollars ($1(),000) during thc cmirc term of thc Franchise tllllcss nlt)ttil]cd in accordance xvith thc procedures provided Ik~r in Section 33.4 ([franchise Modification) of this Agreement. In thc event that ;imoutllg lire withdr;twn pursuant to this Section, thc Grantee, shall take any required action to restore thc letter of credit .s:dd tcqal amoun! of tcti-thou~and doll:irs (SI(),()()()) within t~:n (' 1()) imsincss d;ty:; ,)f llOl{ J'iC;ltJOl] b.v thc ( 'Olll'lty Of its withdr;iw;.lJ [J[~,l-,:l}Jl~;t lhc {e. Jler of cl'c~til. 23.4 'l'l~c rights reserved t~ thc (;ounty wilh respect lo thc letter oi'crcdit ;irc ill :lddition to all other rights oFlhc County, whether reserved by the Vranchi:;e, or authori×ed by law. and no action, l)roceeding or exercise of :l right with respect to such a letter shall atTcet uny other right thc County may have. 23.5 Thc lctlcr el'credit shall conlain thc lk/lh}winE, cmlorscment: x]~(i/[ tt()l /~t' t,tin~'~.J~.d /;v II;t' .vttr('lv t~of lll~, it~l~'ttliol~ not ~ t'cnew t)~: .vt{~t~'d ILv ~1~ .yurt'Iv z~nlil thirty (30) ~hOw (~?~'r r~ceij;t by thc ('o,nO'. ID' rc'Eislt'rt'd tn(lil, (~lt writ&,l~ nolict, (~.vuch ttn inl('~liol~ to ciin~:c'[ or riel Io t't_,t~w." 23.(~ Thc Gr;mtce shail renew thc letter oFcrcdit nol less than thirty (30) days prior to its expiration and provi(Ic a copy el'thc renewal to thc County. Vailurc to comply with ',1.: provision shall entitle thc Counly to draw down thc letter oFcrcdit in its entirety. Section 24. I,',emcdies- IAquid:tted l)amagcs 13ccausc thc Grantee's failure to comply with provisions el'this t;ranchisc will rcsull in inju~, 1o the County, and because it will be difficult to estimate thc extent of such injury, the County and the Grantee hereby agree to the lbllowing liquidated damages, whicl~ represent both parties' J)csl cslimalc ol' thc danmgcs resulting From Iht spcciticd injury. l)amagcs shall I)c subject to thc :uHc~unts prcscribcd by thc Collier County Code, ('h;~plcr 3O f 51. 2,1.2 Thc C'otmty shall stay or waive thc imp~mition oFany penalties scl lbrth herein upon :~ l~nding thai any I'ailurc or delay is thc result el'an act of'God or due to circumstances Sec/ion 25. l~emcdies - (;umuh~tive All rcmcdics provided under this l'r;mchise :~grcclnent or (:haptcr 30 ol'lhc (Miller (.'ounlv ( Mdc shMl be cumuh~live, unless olhcnvisc expressly stated. Thc exercise t)l'ono remedy shall ~,)t tbrcclosc usc ot';tn~thcr, nor shall it relieve thc (ir;mice of its obligalions Io comply with Iht I:r:mchisc. Remedies m,ty be used singly or ~n comt)ination; in addition, thc CTotxnty n~av exercise :my rights it has under apldic;fldc law. 19 Scclion 26. lhmks nnd Records - lnspcclion '['Jtc ('olmly may msp¢cl thc hooks, records, maps, plans, and olhcr ducun cms i~cltMiug fin;mcialdoc~ ~cnls mlhcctmh-otorposscssh)noflhcGrantcc.;~l.filiah;s, or any pcrson that ore,pi;anco whh ~hc Franchise ami apptic:flflc l:[w; (2) in tl~c exercise of mw la(vfi~l ~cv. uhth>rv lmWCr; or (3)as may bc omvcuit:nl ,n com~cction with any procccdi,q~ thc ~_'mmtv ma~' or mt;st comluct umlcr applic;fl~lc ];tw wilh respect io (;rantcc's ('able Svs~cm. Thc m;t/cr~al mSw bc dup]icalcd al a ('otmly 15~c}lilv unless Ibc ('otmty agrccs lo inspcclion and Cnl~,/ing a[ ~iOllle other place. Malcrial l}lal {ho ('/ltlflIy rc~luh-cs (h'anlcc Io produce under Ihb; So'lion shall bc produced tlp()tl reasonable indict, rio later Ill;in 30 days after Iht rcqucsl tbr pr, Muclion. l~cqt csls fi>r extensions of lime lo ~CSlmm] shall xmt be unreasonably denied. Gl';llltcc lllilV ret]tl,,:.,;l I[lill thc ('~tlllIV tI't:HI re'cords Cc'*Iltaillillg, Irmlc .secrets ~r- h~formalion as ccmlidcntial under the Flo~hla Public Records law. 'I'o Ibc cxlci~I :mthori~¢d by tilt: Public Rccord.s law :md ofl~cr alq~ljcablt: stale and Federal law, ll~c (.'ountv Sh;lll maml;fin confidentiality of in/brrnalion dcsignalcd "l~roprictaO,', by the Grantee. S~muld the receive a request lo review (]ran[ce's records or books umlcr thc [:1ol ida Public Records i.aw. it will promptly notify Granite and provide an oppodurfily For Grantee lo raise :m dcmonslralc why thc requested in/brmalion is propricta~ and. if necessary, sock a cotlrl protect ils proprietary inlbrmalion. Scclicm 27. Books and Rt'c,)rd.s - I",cp¢)rts and Responses lo (,)uestions 27. I (Jrantcc shall pr,"c,,'idc thc fbll,m, vhL,..., reports ~o (Jr:mb)r: 27. I. 1 .,\ qu:ulcrly I"r:mchisc Fcc rclmrt listing revenues received, hy c;dc~orv, ;tll;lChCd lis l';xhilfil (?; 27.1.2 \Vilhin nincly (90) (lays al'lcr thc close of t}~c Granite's fiscal vc:u', thc (;r;,nlcc shall submit a written annual report including a lin:,ncial slalcnlmll including NI;I[UHIGH[ Of' JllCOIllC, b;ll;Hlcc s[Iccl, :tlld ;1 slitlcmcr~t oJ' sotH-cc~; ;HIe[ aptdic:~ticm Funds which shall bc ccrtific{l bv ;m oI'licial ,~l'Gr;mlcc. 27.1 2 7. (h':ullcc shall lilt v..'ilh Ibc (7rarely any notice of dclScicuc;,, fi~ f'cilurc, or other doctm]cnI issued by :my st;lie or federal ;LgCl'lcy which has instituted any Jnvc.'ilJ.~plljon .r civil or mJmJnal proceeding naming file c;,lflc sv.slcm, flit (;rarlltt:t:. or ;my operator ot'thc cable Svslcm, to Ibc extent thc :;amc may ;t{'l'cct or bear on lh,t .l)Cralhms of lilt (]rantec's cai)lc system. Thc (;r;UllCc shall lilt with Ibc (',mntv ;my request for protccti~m under It:ulkrul)lCy l:m.'.'-;. {~l' ;Lny iii I!'tncn! r'chLIcd to ;i dccl:u'alhm ofJxmkruj~lcv bv thc h~rw .7 ~. lu')7 20 3C any aflilialc which controls or manages thc (']r;mlcc. or any operator ol' SFSIC;'I~. Sccti,m '~S. I~o,>ks nnd l~.ccords - Mnintcnancc 2,q.I In :tddilhm to ['cpt~rls required by this l:r:mchis¢. Ibc Gr'anlcc shrill m:tintnht records of thc 28. I.! I:('('prt]~fol'pcrfornl;ulcc;and 2S. I .2 M~mthly records dcmonstralin,t.; compliance ~vilh al~plic:fiHc Cust,m~cr Scrvitzc .ql:mdards. Section 29. Inspection of I'lant 'l'i~c (_;ounty may inspect thc (;r:Htlcc's C:d)Ic System during construction, aild ;mytimc lttcrcal~cr upon rcas{mablc to thc Gr:mtcc. If, based on subscriber complaints or ils own investigation, thc (,ounty believes that thc cable system may not be operating in compliance with thc franchise agreement or apI*licablc Federal rulcs, it may require Grantee to pcrfi)rm tests, prepare a report and present lo thc County thc rcsuhs of those tests. Thc Grantee shall rcpo~l each dcl~cicncy and lake prompt action to remedy il. Scclio~l 30. Insurance 30.1 Within thirty (3{)) days after the effective date of thc l:ranchisc, Grantee shall provide proof of thc rcquircd insurar~cc. The Grantee shall maintain this insurance througi~ottt ti~c ff:mchisc term. insurance shall include, in amounts not less than those provided by Chapter 30 ¢ 36 of thc Collier County Code. Thc inst,r:mcc coverage obi:fined by this franchise in compli:mcc within this Section simll bc approved by thc (]ounly's risk m:mngcmcnt of lice, and copies of such insurance policies (or ccrlilicatc of insurance) sl~all be filed ',viti~ Iht County. Section 31. l.;mcrgcncy Alert Thc (3rantcc shall install and maintain an cmcrgcncy alcrt system IIiASI pursuant lo lrCC's rules and thc Florida I~mcrgc~cy Alc~l System l'lan. Thc County or County's l'ublic Salary Communication Center shall be provided with acccss to thc system so that it can communicate emergency messages and ale,s to residents consistent with lhc Florida }imcrgcncy Alert System Plan. If thc Grnntcc's cable system is cxcml)t from the I~dcral provisions, lhcn lilt emergency alert system shall conlS~rm to Ibc rc(tuircmcnls set by Chaplet 30 ~ 41(d) of thc Collier Cotllll5' Code. June 23.1';.)7 2 l Scclhm32. Ecrvicctoi'uhlic Buihlin,gs (.~ran~.cc shall, H[')Otl rc¢lUCSl, provide service to public buildings located within one humh'cd liflv l~ct (15f)') of Grantee's existing distrilmli(m system; provided, hmvcvcr, lhat ii'adequate tmdcrground cm~duit is provided by thc requesting public agcncy, Grantcc shall, upon request. provide service t{* puhtic building:; wilhin two Imndrcd fifty t~ct (250) of(jr;mlcc's dish'ilmti{m syslcln. All charges fi)r inslallation and provision of Cai, lc Sc~'iccs and Ofl~cr (Yomtmmicatious Services to such public buildings shall bc at Gr:mlcc's current rate. To Ibc cxlcnt any services arc provided without chargc t~ any Puhlic Building, neither Ibc County nor any olhcr person may resell such sc~wiccs. Section 33. Four - Year l~,cvicw: I'erform;mcc Monimrin,g 33.1 I)uring iht ycars which comnlcncc (m thc fourth annivcrs:uy or :my multiple Ihcrca/~cr. t~l' thc cft~ctivc dale oflhc Fr:mchisc, lhe County may commcncc a rcvicw of Gr:mtcc's pcrlbrm:mcc umlcr thc Fr;mchisc. As pa~ of this review, thc County may consider: a) whclhcr thc Grantee has complicd whh ils obligations umlcr thc Fr;mchisc ami applicable taw; b) whether customer service st:md:mls, tccllnicat standards, or bond or sccurhy limd requirements arc adcqualc or excessive; alld, c) other issues as may bc raised by thc Gr:mtcc, tile Counly, or tire public. 33.2 Thc County shall conduct public hc;~rin,,.gs lo providc thc (;rantcc and Ibc public oppo~u]fity to comment on thc ( h';mtcc's pcrl~)rm:mcc ami other issues coital(lured ;~s pzu'l o[' Ibc/~mr-yczu' review. 33.3 Any revisions to thc Fr:mchisc Agreement which cithcr thc Cormty or thc (irantcc wishes to make as a result of'thcsc reviews shall bc proposed Lmdcr Ibc i}roccdm-es established herein. 33.4 l'criodic I'3,'alu;ition, Rc,.'icw ::mi M()dilication, 33.4.1 Thc Cotmly and (ir:ultcc ack[mwlc(I,t;c and ;]grcc that lhc field ofcahlc television is a rclalivcly new and rapidly ch;raging one which may scc re;my rcgul;ttory, technical, fimmciul, markcling ami legal changes during Iht Imm oI'this Fr;irlchis,:. '['hcrcfiwc, in order to providc fl~r Ibc maximum dcgrcc ol' tlcxihilitv in this fi';mchisc, and to help achieve a continued, adv:mccd and modern ('aisle System, thc fifth)wing cv:duation :md review provisi{ms xvill al)ply: June 23. I'J')! 22 33.4.2 Thc ('rarely may. t,i~on thirty (30) days imtic¢, rcqucsl cv;lhmlion ;md rcv~cx~ ~c~sions al ;my time during tl~c term ol'lhis Agreement mid (~t;mtec ~hali cooperate in suci~ ~cvicw ami evaluation; provided, however. II,crc shall no~ bc b) Topics which mavbc discussed at arLv cvaluaiion ;,nd rcvicv: scs.sion include, bill arc f~Ot lin',itcd t,~. rates, channel capacity, lite System pcrllmnancc, prc~gramming, PE(; access, municipal uses of c;.~blc, Subscriber complaims. iudicial rulings. F( '(' rt,lin.,¢s and any other topic:; thc Cotmlv or ( }r;mlc¢ n'mv tJccm rclcv;tnt. c) [)uring an c','alt~:tticm and review session, Grantee shall o~operate lhlly witi~ ~hc ('ounty and shall provide ~t itllOUl cost such reasonable inlimnation and doctmlcnts as thc ('otz~lly m;Ly request to perlbmt thc Cv;tlt[atioT1 ;Uld review. ti) Il'al any lime timing thc cvaluatitm ami rcvicv.' Iht County r'c:,:~onably believes thc~c is evidence of inadcqualc lcchnical peril>tm;race of thc ('able System. tI~c ('oi,nty may require (';r;,ntce, at Grantee's expense, Io pcrlbrm appr(u~rjatc tests aml ;malyscs dircclcd toward such suspected tcchnical inadequacies. In making such rcq,~cst, thc County shall describe aml/dcnfi fy as spccilicallv as possible n:,t,,rc o['lhc prob/cn~ and thc type of lest Ibc Counly bcJicvcs h) bc appropriate. ( h';mtcc shall cm~pcral0 [',illv wilh lbo County in peribrming st~ch tests and report lo linc CoLmtV Ibc results of the tosls, which shall inclutlc al least: (i) a dcscriplion of fl{e problem in the System perfi)nn:mcc which precipitated thc special torsi:;; (ii) thc System componcnl Iostcd; (iii) thc equipment used ami lm)Ccdurcs employed in testing; (iv) the methmt, if any, by which thc Systcn~ pcrlbm~;mcc problcn{ was resolved; :uld (v) ally other inlbrmalion pertinent to said tcsls and ;malvscs. c) As a result t~l':m c,.:ahmtion and rcvicw scssitm, thc County or (;rantc¢ mav dolor'mine that a cimngc to thc System or in thc tot,ns (~ftl~c I"r;mclfisc may hc ai)pr(~pri;~lc. In that event, either Ibc (7o~lnly or (-i~;,ntcc may nmdil]c;ithms to lilt S)'stcrn or thc Franchise. (;rantcc and Ibc g,~,)d Ihilh, rex iow thc terms oflhc prolmSCd change or any proposed to lifts Fr;,nchisc and seek to re;Ich ;tgrccnlc~ll orl SIIC}I cfi;mSt Thc C'ot,nty and (}lantcc shall act in [,.t~od faith during such ncg{)tiations and :-;hal t>c obligated Io agree to thc reasonable requests of thc olhcr party [bt ch:mst:; {}lC System or illllCIldlllelll lc) l}lC ]:ranchisc when thc change or alllclldl]lClll is 110I inc(msislcnl with thc other tcnns of thc }:r;mchisc, or with applicable law regulations, ami thc change or amendment is technically I~asiblc, ccom>mic;flly reason:fl>lc and will not result in a malcrial altcrati{m ol'thc rights and duties of I);ulics trader thc Franchise. 4 Section 34. ('onflict ~vilh Cai)lc Regulatory Ordinance Thc p,'ovisions of Iht Regulatory Ordinance, Chap',er 30 of tl~c Collicr Coumy Code, arc hereby incoqmratcd herein by reference as if set out in flfil, and Form part of lbo terms and conditions of this Agreement. In thc event ol'any conllict between thc terms ami comiili(ms of this Franchise and thc provisions of thc Rcguhsto~ Ordinance, thc terms of tiffs Franchise shall prevail, except where conflict arises tYom lawfld exercise of thc County's police power. Section 35. Severahilily If any stol ion, subsection, sentence, clause, phrase, or othcr portion of this Ordimmcc is, l~)r any reason, declared invalid, in whole or in parL by any court, agency, commission, legislative body, or other authority of compclcnt jurisdiction, such poflion shall be dccmcd a separate, distinct, and independent portion. Such declaration shall not affcct thc validity (fi'thc remaining portions hereof, which mhcr portions shall continue in Gill lbrcc and effect. Section 36. Reservation of Rights Granlor and Grantee reserve all rights lhat they may posscss uudcr thc la~v uulcss cxprcssly ,.valved herein. Section 37. Entire Agreement Tiffs Agreement, including :ill Appendices, embodies Ibc entire undcrst:mding and agrccnlCnt of thc Francifising Authority and thc Company wifl~ respect to thc subject matter hcrcofand merges and supersedes all prior representations, agreements, and understandings, wimthcr oral or written, between thc County and thc Grantee. Scctiou 38. l.'orce Majeure In Iht event (;rantcc's performance of any of Iht forths, conditiuns, olfligations or rcctuircmcnts of ttlis Franchise is prevented or impaired clue to any cause beyond its reasonable control or not rcastm:d)ly foreseeable, such inability to peril)tm shall bc dccmcd to be excused and no penalties or san,:tions shall be imposed as a result thereof, provided Grantee provides notice to Grantor in writing within thirty (30) days of Grantee's discovery of thc occurrence of such an ex'cm, which notice explains thc circumstances. Such causes beyond Grantee's reasonable comrol or not reasonably fi)rcsecablc shall include, but shall not be limited to. acts of (;od, civil emergencies and labor unrest or strikes, untimely delivery of cquilm~Cnt, inability Jura2 23. I'm7 2'1 of Granite m obtain access to property casements, rights of way and inability of Granite. to sCctlrc :,Il necessary permits to utilize utility poles and conduit st) hmg as Grantee u:ilizcs due diligence to oln:tin said permits in a timely fashion. Section 39. Acceptance of I:r:mchisc Within thirty (30) calendar days following thc grant oFthis Franchise, Iht Cc;mice shall file with thc ('ounty its written acceptance of thc Franchise, together with ccrtificatcs of iusur:mcc ami letter of credit instruments required herein. Thc Grantee shall state that it agrccs to bc bound by and to comply with all requirements ]mrsuant Io lbo provisions off Ibis Franchise. Such acceptance ;md agreement shall be acknowledged by thc Grantee bcfi)rc a nolary public, and shall in lbrm ami ctmlcnt bc approved by Iht County Atlomcy. Section 41). (;rnnl This l:r:mchisc is granted by thc County to Marco Island Cable, Inc., pursuant and subjcct lo thc conditions and requirements provided by thc Chapter 30 of thc Collier County Code and applicable fcderal, state and local laws, roles and condilions. This Franchise bestows upon Granite thc authority to construct, maintain and operate a Cable System, utilizing thc l'ublic Rights-OtkWay, to offer Cable Services and Other Communications Sc~'iccs within thc County. Section 41. Effective l)ate This Fr:mchisc Ordinance shall take effect immediately uport adoption, l'assctl and adopted on this thc .:'~_-_.day oftT.~c ,,~ , 1997. IN WITNESS XL [IERl!Ol', thc undersigned have caused this Agreement to bc executed. BOARD OF COUNTY COMMISSIONERS COi~.LI L:R COUNTY, FLOR1 DA Timothy I~. ~ui&;ck, Chairman / hmo 23, i')',w 25 :VFTF. ST: .%tman G. Gaston Cra'pot;dc Secretary Statcoi'FIorida ) County of l;lorida) Thc fi)rcgoing Franchise Agreement was acknowledged be fi~rc me this.~e/"/ilay of June. 1997. ,.- ,. by -~ ~'~'-; (-~ (~"'):/;"_"'/ .'_. z,.L, , , ,',',/who produced a Florida Ir)rivcr's I.iccnsc NO'I'A RY t'UBI.IC Approved as to form aim legal su flicicncy: Thomas C. Pahncr Assistant County Atlorncy 26 Exhibit A Grantee's Scrvicc Area Cai)lc Television Application Jut~c 2~. 1'I'17 27 Thc (;oumv has dim'coital all cable mlcvisiml providers lo provide ~ul'licicm l-Ncl cap:icily m passes is included :u4 well. Thc colUlllUmlic:dioII lillkS provided hy ;m l-Net arc stm?.ht to rcphicc cxislin,, facilities [c.g., dedicated lhlcg leased from Ibc Iclcplumc C()lll[3;lgy, microwave links] and I. c51ahlish new dat:t communication p:xlhwayg to government ol'l]ccs :m yet tmscrvcd hy thc (:otmty's WAN. It is expected that thc I-Net shall bc used to implement ucw services linc County has prcvimmsly comcmplatcd but unable to fulGll. 'Fhcsc include, internal lclcl)honc service within tile ore:miz:ltion, long distance by-pass service, providing 311 inexpensive way Io reach thc C~unty's hmg distance carriers, high-speed data transmission and networking hctwccn rcmmc si/cs [c.g. parks, rccrcalitm, s;mil;llifln, water trcalmCm tire su~ti.ns & training ccHtcr], x, iclc~ confc, rcnccs between rctnolc public salZqy and citizen inl'orm:tlion sites, Iraf]ic iHImornlaliomt, video arr:tigmncnt, and traffic surveillance video from key intcrscctitms. County 0 'rices/Facilities Strccl Ad,tress; Cmm'm ii,'.,' Dcvclopmcn! Divismn 2800 N. lh,rscsho,.: L)Hve ('cntr:d l.ihruc.,' 'ark & I,[ccrc;fliot', 'darco I!;Lmd I.ibr:uy N:~plcs I.il',rar y l)omcstic Anim:d Service:-; (',)UlllV Barn F;tcilitics and Rccrc;dlon 650 Cvntr:d A,,c;mc 33(}0 .'-;:ulta II:ld):m~ Hlvd ]((I (~t)Jdt'll (];{[C Bl~d 2 II) S I Ic.dflw,'o,M 71)77 Nmlh ,.\lrp{,It }gird 47(tl (kd,lcn(}:ftc ';ukw;cv 21 ~ J,llllc J.,'a3!qc 13531 V:m 150 V:mdcrbmh J~ltlc 23, Parks and Rt'LrcaU,m 35(X1 'Fh.mp~m ])rive .A~q~rt Author~ly 2003 M;Un ~aH l)Hvc t Jltht~cs Dcpattmcnt 371 2mi ~trcct ~[~ U1ilitics [)ep;~rm~cnt 5600 Warren Slrcct l~tl~ttci Dcp;utmcnt 561 Wds.n ~t. NorTh I'uhh¢ W.rk:~WW ( 'ollecmm~ dO2? ShMcy R.ad ,.X~rporl Authorfly 651) A~rp~[t Road I Jtihl:ctz I)cp;ntmcnt $(~) 'l'c~y[ R.ad tJtdmcs Dcp;utmcnl 81~15 V;mdcd)uih Dr. iJtihl~cs Dcp;utmcnt 8.11 7Ih gtrcut SW inlmc~ l)cpamnent 891 I st Street SW U~ihtics l)cparm~cnt g91 3rd St~cct gW :Media One and 'l'imc Warner Cable ct]rrcntty provides sul~scribcr cable television services ~o :~ numl~cr (fl' these h'~cations. The County has thc necessity to a) preserve thc existing colmcclion:< b) migralc existing dala Iclcph<m¢ or microwave connections to Iht l-Network, and c) mid new sit,es to thc l-Network as lime, funds, pr{0cct priorities and service rcquircmcnt:4 dictate. Thc County's Information Services stal'Fshall work ctoscly ,.villi Ma[co Ishmd Cal)lc':~ engineers to prepare a transition and deployment plan to provide an orderly transition and deployment Net services to thc aforementioned sites within thc Gr;mlcc's sc~icc area. Thc site locati~ms identified hcrcln reflect "county wide" connections and as such do not constitute an inclusive list. New sites may bc ;~(l(tc(1 while others :irc decommissioned, l-Net commtmication Ihcilitics bc tip ()r do.,vmjr;,led 1o parallel changing requirements. 'l't]c :]fi)rcmcnti,ncd Iisi, at l)cst. represents a long term [ten-ye:rtl service deployment scheme, gmnc locations serve Hu)rc th:in one Comity dclxutn~cnt, conscquemly, it may be possible to usc a single I-Nd conzwction serve tho oFIScc complex. June 2 -~. 1',")7 29 Exhibit C Monthly Fr:mchisc Fcc Reporting Schedule (Typical Fornmt-Subjcct to Modificalion) (;able ()pcrator ....................... Address (~Olll;ICI l)crsoll Title Accounting Dcpa~mcnt Pholl¢ Sut>scribcr Detail · 1 Basic I Average Subscription Units .2 Basic Service P, atc .3 CPS'I" ,,\vcragc Sub. Units .4 CPST II [;,:tlc .5 Premium Sca'icc Average Units .6 I'rcmium Service Rate .7 Disney Service Average Units 1.8 Disney Sc~'icc Rate 1.9 Install:dion Average Completions I. 10 lnslallation Avcragc Rate I. I I Complimenta~ Accounts 1.12 I'enctradon Statistics 2.1 Total I Joints P:mscd 2.2 Basic I I'cnctralion Units 2.3 CPST Penetration Units 2.4 Premium Service Penetration °/,,-age 2.5 Disney Se~'icc Penetration %-age 2.6 Churn: Average l)atc / / Jm:c 23. 19'}7 30 Gross Revenue l)clait llcmizatim~ Code 3.0 Cable Television 3.1 Basic 3.2 CI'ST 3.3 I'rcmium 3.4 Showlimc 3.5 3.6 Disney 3.7 Thc M{~vic Chzmncl 3.8 Pay I'cr View 3.9 FM Radio 3.10 Converter 3.1 I Remote Control 3.12 Cable Gui(lc 3.13 LauI~ch Fees 3.14 Program C:,rria.gc l'ccs 3.15 4.0 A/O Services 4.1 Basic I 4.2 CPST II 4.3 Prcmimn 4.4 Showlimc 4.5 ftBO 4.6 Disney 4.7 Thc Movie Chi,mcll 4.8 Pay Per View 4.9 FM Radio 4.10 Convener Rcnlal 4.11 Remote Control 4.12 Cable Guide 4.13 Launch Fccs 4.14 Program C:trri:~gc Fccs 4.15 5.0 5.1 Installation 5.2 r%/B .C, witch .q:des 5.3 lJp/l)t~wn (-]radcs 5.4 [.:ttc I'a'.'mcnt Fccs 5.5 ('hock 12, ctuln Fccs 5.6 6.0 Commcrci:d 6.1 Bulk (MI)ti) 6.2 Contract 6.3 6.4 7.0 :\dvcr'~ising 7.1 Commercial Inscrlion 7.2 llarlcr Agrccmcms 7.3 t lomc,'Auto Sellers 7.4 8.0 Shopping Ch:mncls 8.1 IISN 8.2 QVC 8.3 GSN 8.,1 9.0 Video l~roduction 9.1 9.2 10.0 Leased/Rentals lO.l L-A Ch:mncl 10.2 Facilities 10.3 10.4 10.5 I 1.0 M isccllzmcous I 1.2 Rchnt)urscmcnt for Cai)lc l)am:tgc 11.3 t?.quipmcnt Sales 11.4 Launch Incentives 11.5 11.6 S U BTO'FA I. Ft~,ANCI lINE I:EI:, TOTAl, June 23. I ',~';~7 32 ASSIGNMENT MARCO ISI,AND CABi~E FRANCIIISE AGREEMENT COi.I,IEI{ COUNTY TO TIlE CITY OF MARCO ISI.:\ND EXHIBIT "B" Chapter 30 CABI,E COMMUNICATIONS* Article I. In General St, cs. 30-1--30.25. Reserved Sec. 30-26. Sec. 30-27. Sec. 30-28. Sec. 30-29. Sec..?,0-30. Sec. 30-31. Sec. 30-32. Sec. 30-33. Sec. 30-3-1. Sec. 30-35. Sec. 30-36. Sec. 30-37. Sec. 30-38. Sec. 30-39. Sec. 30-40. Sec. 30-4 I. Sec. 30-42. Sec. 30-43. Sec. 30-44. Sec. 30-45. Sec. 30-46. Sec. 30-47. Sec. 30-48. Sec. 30-t9. Sec. 30-50. Sec. 30-51. Sec. 30-52. Sec. 30-53. Sec. 30.54. Sec. 30-55. Sec. 30-55.1. St'c. 30-56. Sec. 30-57. Sec. 30-58. Sec. 30-59. Sec. 30-60. Sec. 30-61. Sec. 30-,52. Sec. 30-63. Article 11, CATV Franchises Title and purpose. Definitions. Franchising provisions. Rights. Initial performance guarantee. Rights to use streets not warranted. Other agreements, permit ami easement requirements No property rights conveyed. ,Jurisdiction of other regulatory bodies or agencies l.iability, indemnification. Insurance. Bonding requirements. FCC petition and license. Compliance with applicable laws ami ordinances. Signal quality requirements. Sen'ice require~nents. Cable system construction. New developments. Areawide interconnection o( cable systems. Local o~ce; operations. Access to records. Submission of financial reporkq. Rate schedule. Pre£erentlal or discriminato~, practices prohibited Rules of franchise. Liquidated damages. Termination. Removal, abandonment and restoration of system Public. educational and institutional services. Consumer protection provisions. ILqte reg'ulation. General penalties. Subsequent action by state or federal authorities. Personal liability of count)' officials. Review of orders and decisions. Superseding of agreements. Amendments. Rights and remedies cumulative. County's right of intem'ention. 'Crass reference--Businesses, cb. State law references__..\ut}mrity to regu!ate businesses. F.S.§ 125.01(11~b);c;ibleteievision fr:~chises I:.S.,~ 166.0.Pl;theRof ca[> e ser'<ices F.S. § 812.1.1 et seq. Supp. No. 1 CD30:I CABI.E COMMUNICATIONS § 30.27 ARTICLE I. IN GENEILM. Secs. 30-1---30.25. Reserwcd. ,MITICLE II. CATV FIDMNCIIISES Sec. 30-26. Title and purpose. (a) Short title. This article shall be knmYn and may be cited as the "Collier County Cable Televi- sion Franchise Ordinance." (b) Purpose. This article is enacted under the home rule power of the county for the purpose of providing necessaO. roi,relations, conditions and provisions which shall apply: (1} To the granting, issuance and renewal of nonexclusive franchises fi>r the installa- tion, operation, use and maintenance of ca- ble television communication systems with- in the unincorporated limits of the county. (2) To provide reasonable and suitable protec- tion and control over the use of county- owned easements and rights-of-way by ca- ble television franchisees; all in the interest of the public health, safety and welfare of the citizens and inhabitants of the count.~: No. 88-90, § 1) (Ord. Sec. 30-27. Definitions. The following words, terms and phrases, when used in this art/cle, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Access chan~wl means a channel dedicated in whole or in part to local pr%~ramming which is not ori~nated by a cable company and shall in- clude facilities and equipment, which the licensee shall make available without charge to the board of county commiss(oners and county school board for the purpose of transmitting programming by thc public, as well as governmental and educa- tional agencies. Audio channel means a band of frequencies in the electromagnetic spectrum which is capable of earring one audio sig'nal. Basic service means any tier of service which includes retransmission of local television broad- cast signals and the public, educational and gov- ernmental access channels. Channel means a sig-naling path or portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the commission (FCC)by regulation. Commercial use (lease) channc! means a video and/or audio or data channel which the franchisee may make available on terms for commercial use by persons unaffiliated with the Franchisee for the purpose of transmitting programming, providing services, or exchanging informati~m. Community antenna teleeision system, caD[e tole. vision communication system and CATV means: (1) For the purpose of this article, these are synonymous terms, describing a system which may employ antennae, microwave, wires, wave-guides, coaxial cables, fiber op- tics or other conductors, equipment or fa- cilities, designed, constructed or used for the purpose of: a. Collecting and amplifying local and dis- tant broadcast television or radio sig- nals and distributing and transmitting them; b. Transmitting original cablecast pro- gramming not received from television broadcast signals; c. Transmitting televis/on pictures, file and videotape programs, not received through broadcast television channels, whether or not encoded or processed to permit reception by only selected re- ceivers; or d. Transmitting and receiving all other signals, including digital, voice and au- dio-visual: provided, however, that any of the ser','ices permitted hereunder to be performed, de- scribed in this subsection, shall be those performed by or throu2h the franchisee for subscribers in the operation of a cable tele- vision system franchised by the county. Supp. No. 1 CD30:3 § 30-27 COLLIER COUNTY CODE (2) Such term does not include: a. A facility or combination of facilities that serYes only to retransmit the tele- vision signals of one or more television broadcast stations; b. A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or man- agement unless such facility er facili- ties use any public right-of-way or util- it)' easement; c. A facility of a common carrier, except that such facility shall be considered a cable system to tim extent such facility is used in the transmission of video pro- gramming directly to subscribers; d. Any facilities of any electric utility used solely fi~r operating its electric utility system. Converter means an electronic device which con- verts signals not susceptible to reception by the television receiver of the subscriber to a signal which is susceptible of reception, and by an ap- propriate channel selector also permits the sub- scriber to view all signals delivered at desi.-mated dial locations. County means Collier Cuunty, Florida. County administrator means the count)' admin- istrator of Collier County, Florida, or his desiffnee, or any successor to the powers of the county inan- ager. County attorney means the c~unty attorney of Collier Count3; Florida, or his designee, or any successor to the powers of the county attorney. Data channel means a band of frequencies in the electromagmetic spectrum which is capable of carding one data signal. FCC means the Federal Communications Com- mission, or its desigmee, or any successor to the powers of the FCC. FCC approval means any necessary authoriza- tion by the FCC to operate a CATV system in the county pursuant to the Communications Act of 1934, as amended, and all applicable FCC regm- lotions. Franchise means the nonexclusive initial autho- rization or renewal thereof granted by the county to construct, install, operate and maintain a CATV system upon the streets, public ways and rights- of-way within a specifically desi~,mated franchise area of the count>', whether such franchise is des- ignato, d as a franchise, permit, license, re:~olution. contract, certificate, agreement, or other-,vise. Frunchisce means the persrm granted a CATV franchise or anyone who succeeds the person in accordance with the provisions of this article, or anyone who holds a franchise granted by the coun- ty prior to enactment of this article. Gross revenues includes, but is not limited to, monthly fees charged subscribers for basic ser- vice; monthly fees charged subscribers for any pre- mium sera'ice; installation and converting leasing fees or charges; advertising revenues; administra- tive fees from delinquent subscribers amVor de- linquent advertiser accounts; dishonored check charges; capital reimbursements from subscrib- ers; promotional fees from program suppliers; tow- er rentals; fees for collection of state sales tax: and Home Shopping Network commissions; pro- vided, however, the board of county commission- ers specifically reserves the right to amend this definition from time to time ta account for chang- es in technology. Gross revenues shall not include any taxes on ser¥ices furnished by the franchisee which are imposed upon any subscriber or user by tile state, county, or other governmental unit and collected by the franchisee on behalf of said gov- ernmental unit. The franchise fee is not such a tax. Institutional c(~ble means tile ctm~munications network constructed or operated by the cable com- pany and which is generally available only to sub- scribers who are not residential subscribers. Local origination programming means program- ming tha~ is either produced by the franchisee or is obtained from another source fi>r transmission on the franchisee's local origination channels. May is permissive. Supp. No. 1 CD30:4 CABLE COMMUNICATIONS 30-28 .Pcs' telet, ision means the delivery over the com- munity antenna television system of video sigmals in intelligible form to subsc.,hbers for a fee or charge (over and above the charge fl)r basic or tiered serx'icel on a per-program, per-channe! or other subscription tmsis. Persot~ means any individual, partnership,joint venture, association, joint stock compan.',; trust, firm, corporation, club, societ.~; governmental eh- tit:.-, or other legally rec%,jnized entity, whether for profit or not for profit, or any lawful succes:,or, transferee or assignee of said entity. Property offronchisce me:ms all property owned. installed, er used by a franchisee in the conduct of a CATV business in the county under the author- ity ora franchise granted pursuant to this article, or pursuant to a franchise agreement. P, blic t:otice means publication of notice of the time, place and purpose ora hearing at least twice in a newspaper of general circulation in the county, with the first publication not less than 14 days prior to the hearing and the second to be not less than five days prior to the hearing. Pz~blic school means rmy institution of the county public school systen~, or any duly state-accredited local college or university, within the unincorpo- rated areas of the county. Public street means the surface of and the space above and below any street, terrace, avenue, road. highwa.~; freeway, bridge, land, path, alley, court, sidewalk, parkway, drive, boulevard, or other t'~uhlic wa.'.; now laid nut ur dedicated, and extensions thereof:md all additions thereto, ;,.'it}fin the unincorporated are:ts of the county anti sub- ject to the contr~)l of thc cmmty. £'ubiic t~'orhs admimstrat(;r means the public works administrator of the county, or }lis desiF- nee, or :ill)' successor to the powers of the public works administrptor. h'¢sidct:!ia! sttbscribcr means a subscriber xvho receives any cable television service in an individ- u.nl dwelling unit or multiple dwelli,~g where the s~rx'ice is not tr> b~: utilized in connection wit}~ a business, trade {~r profession. Sereicc means any subscriber s:~rvice, whether or not originated by the franchis~.e, which is distributed over the fr;mchise~:'s distributic,.x sys- tem on any chann~l. Shall and tcill are mandatury, not merely dir~'c- live. Signal means any transmi~s~o:~ of radS,> frt..- quency ener~' or r>f optical infi>rmaticn. Subscriber means any person or entity re:oiv- lng for any purt:os~, any ser;'ice prr~'.'idvd [:x' the cable operator. ~Ord. No. 88-90. ~ 2: ()rt~. N,.; 9-t-17. ( !, Cross referenct~-D,'fin:tmns g..:;*'ra!i?. ~ 1 2 Sec. 30-28. Franchising provisions. (a) Rcqt~irtd. ~'~)' individual, partnership, cr~r- potation or other entity desiring to install antffor operate any cable television system in the main- corporated area af the county shM1 apply to the board for a franchise pursuant to this article. (1) The issuance of a franchise pursuant to this article shall allow the franchisee to install, constn~ct, maintain and operate a CA~ system in accordance with the addi- tional requirements of this article through- out the area which is described in the franchise agreement and fi~r which proval has been received. (2~ Prior to any installation or construction, the franchisee shall apply to ti~e c(mntv for a permit, granting the privilege to install, construct, maintain and operate a CATV system under thejurisdicti~n of the c*)unty in accordanc~ with such rulvs and r~u',;~- lions as shall be recommended by the engineer :md approved by thc beard. ~3~ It shall b~., a violation of this article to co~nmence (~r engage in the canstruction. operation or maintenance nra cable system in the county without first having obtained a cable fr;tnchise awarded by the board county commissioners. (h~ ..[tcor~]. Nonexclusive franchises may be awarded by the board of county commissioners all or any perti~m ufthe cou:~ty to apFlic:mts upon a finding that such award is consistent with the Supp. No. 4 CD30:5 § 30-2S COI,LIER COUNTY CODE public interest, furthers the goal of providing efficient CATv' service to all residents of the unincorporated areas of the county, ami does not result in material abuse of county streets, or easements or rights-of-way, and after consider- arian of the factors referred to in subsection of this section. The county shall adopt by resolu- tion such application forms and other administra- tive procedures are deemed necessary and desir- able for efficient administration of this article. lc) Application procedure; inforrnatio~; required. All applications to construct, operate or maintain any CAW system in the unincorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service else- where shall be filed with the board or such office of the count), as the board may designate by resolution; and each such application shall set forth, contain, or be accompanied by the follow- lng: (1) The name, address and teh:phone number of the applicant. (2) A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following: a. The names, business addresses, state of residence and country of citizenship of all general partners and corporate officers of the applicant. b. The names, business addresses, state of residence and country of citizenship of all persons and entities having, con- trolling, or being entitled to have or control 15 percent or more of the own- ership of the applicant and the respec- tive ownership share of each such per- son or entity. c. The names and addresses of any par- ent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant. d. Adetailed and complete financial state- ment of the applicant, prepared by a certified public accountant, fi~r the five (3) (4) fiscal years immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending in- stitution or funding source, addressed to both the applicant and the county, setting forth a clear statement of its intent as a lending institution or fund- ing source to provide whatever capital shall be required by the applicant to construct and operate the proposed sys- tem in the county; or ifthe corporate or business entity organization of the ap- plicant has not been in existence for a full five years, the applicant shall sub- mit an audited financial statement for the period of its e:dstence or other docmnentation required by the count>'. e. A detailed description of all previous experience of the applicant in provid- ing CA'iW sen'ices or related or similar sen'ices, which includes a statement identifying, by place and date. any other cable t'elevision franchise awarded to the applicant, its parent or subsid- iary; the status of said franchise with respect to completion thereof; the total cost of completion of such systems; and the amount of tile applicant's and its parent's or subsidiar?,."s resources com- mitred to the completion thereof. A detailed financial plan (pro farina) de- scribing, for each year of the franchise, projected number of subscribers, rates, all revenues, operating expenses, capital ex- penditures, depceciation schedules, income statements, and statement of sources and uses of funds. If applicant submits a de- tailed financial plan for a period of less than the requested term of the franchise, the county tony award a franchise to nppli- cant but for a period of time equal to the number of 3'ears or portion thereof, re- flected in the financial plan. A detailed description of the proposed plan of operation of tile applicant, which shall include but not be limited to the following: a. A detailed map indicating all areas proposed to be served, a prr~poscd time Supp. No. 4 CD30:6 CABLE COMMUNICATIONS (5~ schedule for the installation of all equip- ment necessary to become operational throughout the entire area to be served, anct the projected total cost for construc- tion of the system. b, A statement or schedule setting fi~rth all proposed classifications of rates and charges to be made n~ninst suhscnb 2rfi and all rates and charges as to each of any smd classifications, inc]udin~ but '.'~ce charges, and special, extraordi- nary t>r other ch;{rl:es ru, itl~,~ti~d CmlZlt)'. Tho purchase price, terms and nature of any optional or required equip- meat, device or other tiring(s) to be offered for sale t~ any subscriber shall be described and explained in detail. c. A detailed statement describing tho technical desian proposed, the actual equipment, and tho ope. rational and technical standards proposed by the applicant. In addition, applicant shall submit to the county an a~davit or letter from a qualified cn~ncer accept- able to bolh panics with experience in tho cable industry which letter states that thc proposed system will adc- quatdy provide CATV service to thc proposed service area and that the applicant's construction project/on c~}sts are A copy of the fl~rm of any form of any ag'rcement, understandin~ or other instru- l]lczlt prolmsed to be catered into the applic;mt and any subscriber. A ch:taihd st:~tement setting forth entirety any and all agreements and undcr- standings, whether formal or informal, writ- ten, oral or implied, existing or proposed to exist between the nppIicant and any persm~ which mav affect control or operation ofthe system contrary to this article, as amended, or a franchise agreement. A copy of any executed a~reement c~wering the franchise area, if existin, between the applicant and any public utility, providinl: 19) [(ii (1) for tile use of any facilities of the public utility, including but not limited to poles, lines or conduits. Tn~e and exact copies, if filed, nf the last and most current FCC Cable TV lnfi'~rma- tion Report and FCC Form 325 as submit- ted to the FCC. Any other reasonable information which could materially aflk~ct the ~ranting of thc franchise and which is requested F~,r applic:m~., in ,-xi.~:m~c,, f,,r ~.~ than three years, e. xcep~ for subsidiarivs iates ofexistm~ cable companies, the c~;;mtv in its discretion may agree to accept eth~r infl~rmation in lieu of the items reflected this paragraph, prc~vided it is acting rea- sonably and is satisfied that the applicant has rnateriaily complied with the require- meats of this sect/on. Each original or transfer application sub- mitted for a franchise under ti:e provisions of this ahicle shall be accompanied by a nonrcfundable application fee in the amount of $10,000.00, to offset the reascmable cost of processim: and evaluatin~ saicl applica- tion for confl~rmity with the provisions and conditions of this article, including hut not limited to th~., payment of consultants' fec~: provided, however, that the b~mrd r~scrvcs the right t,~ require reimbursement to the county of ail ousts of processing and atin~ any application, in e:<cuss S10,000.00, if such c~sts arc determined the board hv rcsolutim~ t~) be necessary the proper evaluation of such applic:~tion. Each renewal application submitted for a franchise under the provisions of this arti- cle shall he accompanied by a non-refund- able application fee in the anmunt $5,000.00 to oftket the reasonable costs pracessing and evaluating said applicatiun, provided, lmwevur, if such c~)sts exceed $5,000.00, thvn thc franchise hohier shall be rcsponsibh:~ fi~r any additional costs. Supp. No. 4 CD30:7 § 30-2S COLLIER COUNTY CODE (2) Each franchise holder filing an application for expansion of its desigmated franchise area shall pay the sum of $5,000.00 as is required by subsection (1) of this subsec- tion (dL Upon hoard approval or denial of the expansion, the county shall refund the franchisee any potion of the expansion application fee which is not used by the county R:r the review of tho expansion application. (3) .~y applicant who has had a fl'anchise approved by the county and then declared null and void or revoked by a omrt may not be required to pay an application fee, un- less the board determines that the county will incur actual expenses including but not limited to consulting fees to review a new application. (e) Public hearing on applications. Upon ceipt of an application fl}r a franchise submitted under the provisions of this article and within 90 days, or such extended period of time as the board may approve upon request by the administrator, the county administrator shall review the appli- cation for su~ciency and compliance with subsec- tion (c) of this section. If the county administrator finds that the application is incomplete, he shall return it to the applicant with a letter describing any and all insu~ciencies found in the applica- tion. The applicant may then reapply for a chise upon co~ecting the deficiencies noted by the county manager. Upon receipt of the revised and amended application, the county administrator shall review the application within a 90-day pe- riod or such extended period of time a~ the hoard ager. Upon review and after I,nding that application is complete and in compliance with subsection (c), the county administrator shall make a recommendation to the board regarding the award ora franchise to the applicant and shall forward said application to the board fl~r publico. tion of a notice in accordance with subsection of this subsecthm (e). (1) Upon receipt of an application for a fran- chise and after review by the county admin. istrator, the board shall publish once a week for three consecutive weeks in a pa- per of general circulation in the county a notice of consideration of a CATV ir;m- chise. Said notice shall name the applicant. describe the proposed sero'ice area. invite the filing of an application under the pro- visions of this article by all persons inter- ested in e~tablishing a CATV system in the proposed semdce area, invite objections to the establishment of a CA~' system in the proposed sec.'ice area from existing CATV systems and the general public and set a thne and (late cert;dn, within at lea:~t 25 business days from the date of the first publication of the notice, f~r a public hear- in~; on all applications filed for the estab- lishment of a CATV system in said pro- posed sec'ice area and for all objections to the establishment of such CATV system. Any written repo~s, studies or materials to be considered by the board of county com- missioners at the public hearing must be submitted to the county administrator's off]ce within 15 days from the date of the first publication of notice of the public hearing. The initial application and all subsequent applications received prior to the public hearing shall be a matter of public record. Any application may be amended in writ. lng at any time prior to the date of the public hearing. No amendments to filed applications, oral or written, and no new applications shall be received after the time and date set for the public hearing or a continued public hearing, unless amend. meats to the application are requested bv th~, county The public hearing may to place a~ determim, d tt~ be necessary by the board. Issuoncc of franchise. The board may issue ont, or more exclusive franchises from the applications filed and considered at a public hcarin7, The board shall, prior to an issuance of a franchise, consider the infl>rmation anti cri- teria required by this article and ~y other information it deems appropriate in mak- ing a determination to issue a franchise. During the public hearing or a continued Supp. No. 4 CD30:8 CABI,E CO,',l:,l UNICATIONS 30-28 public heating the board of county commis- sioners shall also cmmider, investigate and make findings regarding the following: a. The economic impact upon private prop- erty within the franchise area: b. The public need for such a franchise, if any; c. The capacity of public rights-of-way to accommodate the cable system; d. The present and future use of the pub- lic rights-of-way to be used by the cable system; e. The potential disruption to existing users of the public r/ghts-of-way to be used by the cable system and the re- sultant inconvenience which may oc- cur to the public; f. The financial ability of the franchise applicant to perform and to make the necessary investment to erect, operate and maintain the cable system; g. The exp. erience of the applicant in the erection, operation and maintenance of a CATV system; h. The location and type of permanent facilities Froposed to be constructed for the cable system; i. The technical quality and complete- ness of the proposed plan for operation of the cable system; The requisite legal, character, finan- cial, technical and other qualificaticns necessary to construct, own and or)er- ate a cable television system. In considering the desirability of an addi- tional or expanded cable operator, the board of county commis.:ioners shall balance the desirability to promote competition in the cable television industry so as to promote a diversity of information and the provision of high-quality cable sen'ices at the lowest economic price against the unreasonable disruption of private and public property by multiple cable operations. Furthermore, it' the county grants a franchise for an additional cable operator or expands a cur- (3) (4) rent operator's franchise, the county may impose such conditions as it deems neces- sary and proper. Tho board ofcmmtv commissioners has the authority to retain an export or consuhant to conduct a study at any time in order to determine whether the count:,' is nbte to handle an overbuild or overlapping fran- chises, econr,micallv or practically, or for any other purpose which the board deems necessary in order to adequately evaluate a franchise application. Any resulting fees or expenses of experts or consultants are to be borne by the applicant. The board shnlI vote and thereaRer notify in writing all applicants r~f its decision within 30 days from the adjournment of said public headng. Said not/ce shall spec- ih' the aforementioned factr~rs that were determinative of its decision. Ail of the statements and declarations contained in the application shall be incorporated as conditions and material representations of any franchise that is issued by the board, nnd the breach of any of such conditions and representations shall constitute cause for termination of the franchise by the board. %e approval of the written decision by the board shall be deemed an award of the franchise. (g) Term. No franchise shall be issued for a term longer than ten years. All current CATV franchise ag'reements shall remain in effect until their respective date of expiration, subject to any provisions of this article deemed applicable to existing franchist, es. I lowever, any franchisee hold- ing a current franchise under any previm~s ordi- nance or franchise agreement may file fc~r a renewal of its franchise pursuant to the terms of this article which require adequat,~ notio: to the public anti opportt;nity to comment, and may have its franchise renewed for a period not to exceed ten years. (h) Effcctice date. (1) Any franchise :granted pursuant to the pro- visions of this article shall become effective as provided herein. Supp. No. 4 CD30:9 30-28 COIA.IEI{ COUNTY CODE (2) Within 30 calendar days after the award- ing of a franchise pursuant to subsection (13(4) above, or within such extended period of time as the board in its discretion may authorize, the franchisee s}mll file with the board its written acceptance of the fran- chise, together with a commitment for in- surance policies and bonding documents required by sections 30-36 and 30-37. and its agreement to be bound by and to comply with all requirements pursuant to the pro- visions of this article or the franchise. Such acceptance and agreement shall be acknowl- edged by the franchisee before a notary public, and shall in fi~rm and content be satisfactory to and approved by the board. The franchisee shall execute the franchise agreement and other documents required by the county within 90 days of the award of the franchise pursuant to subsection (f~(.l) unless the county a~recs to an exten- sion of such date. by the county shall authorize and permit the franchisee to engage in the business of operating and providing a CATV system in all or a portion of the county, and for that purpose, subject to the approval of the public works administrator, to erect, install, construct, repair, replace, recon- struct, maintain and retain in, on, over, under, upon, across and along any public fight-of-way or easement, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, ap- pliances, attachments and other property as may be necessary and appurtenant to the CATV sys- tem; and in addition, subject to the approval of the public works administrator, so to use, operate and prov/de similar facilities or properties rented or ]eased from other persons, including but not limited to any public utility or other franchisee furnished or permitted to do business in the count>'. (j) Char~ges to terms and co~ditior~s. No changes in the terms of any franchise may be made without the prior written approval of the board. (k) Franchise fcc. (1) The franchisee shall pay as a franchise fee to the county the maximum percentage allowable by federal law, up to a maximum of five percent of the franchisee's gr. oss revenues or such greater percentage as may from time to time be approved by federal law and renegotiated with the fran- chisee. (2) An estimated franchise fee monthly pay- ment shall be payable to the county within 20 days after the close of each month. Tbese payments shall b,: accompanied by an estimated monthly gross revenues re- port in a form pre-approved by the county. Each monthly estimated franchise f~'e pay- meat shall be adjusted, as a credit or debit, by the difference between the estimated gross revenues collected during the preced- ing month and the actual ~oss revenues collected by the preceding month. Within 60 days aRer the close of each calendar year. the fr~chisee shall deliver to the count>' an annual gross re'~'enues audit ~1 ~ounts which are not paid when duo and payable hereunder shall bear interest at the legal rate, as defined in ~ohda Statutes, until paid and fr~chisee shall be fined S100.00 a day until pa>~ent is made. (3) No~'ithstanding the requirement of sub- section (2) of this section of delivery of a monthly ~oss revenues repo~ and an an- nual audit repo~ by the franchisee, the county shall have the Nght and authohty to inspect the franchisee's revenue records under the franchise and the fight of audit and recomputation of any and all amounts payable under this section. All costs asso- ciated with any such audit shall be borne by the franchisee when said audit results in increasing, by more than ten percent. the franchisee's annual payment to the county. (-I~ No acceptance of payment shall be con- st~ed as a release or as an accord and satisfaction of nny claim the county may have for fuNher operational sums payable under this article or for the pegormance of any other obligation hereunder until barred Supp. No. 4 CD30:10 CABLE COM.MUNICATIONS § 2,0-28 by the statute of limitations or the t. ranspirance of three years, whichever may be shorter. (1) Frat'.chise rcstrictit~ns. (1) Any franchise granted under this article shall be nonexclusive. (21 No privilege or exemption shall be granted or conferred by any franchise granted un- der this article except those prescribed herein or as mandated by state or federal (3) z~ny privilege claimed under any such fran- chise by the franchisee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public proper't>: (m) Rcnetcal of franchise. (1) During the six-month period which begins with the 36th month before the franchise expiration, the franchising author/ty may on its own initiative, and shall at the re- quest of the cable operator, commence pro- ceedings which afford the public in the franchise area appropriate notice and par- ticipation for the purpose of.' a. Identifying the futurecable-related com- munity needs and interests; and b. Reviewing the performance of the ca- ble operator under the franchise dur- ing the then current franchise term. (2) Upon completion of a proceeding under subsection (1) of this section, a cable oper- ator seeking rene:val ora franchise may, on its own initiative or at the request of the count:;, submit a proposal for renewal. Any such proposal shall contain such material as the county may require, including pro- posals fi)r an upgrade of the cable system. The county may establish a date by which such proposal shalI be submitted. (3} Upon submittal by a cable operator of a proposal to the county for the renewal of a franchise, the county administrator shall provide prompt public notice of such pro- posal and, during the six-month period which beg/ns on the completion of any proceedings under subsection (1) of this section, renew the franchise or issue a preliminaw assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceediag, alter pro~fdin;~ prompt public notice of such proceeding to consider whether: a. The cable operator has substantially complied with the mater/al terms of the existing franchise and with appli- cable law; b. The quality of the operator's serwice, including signal qualit,~; response to consumer complaints, and billing prac- tices, but without regard to the mix, quality or level of cable services or other services provided over the sys- tem, has been reasonable in light of community needs; c. The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and d. The operator's proposal is reasonable to meet the future cable-related com- munity needs and interests, taking into account the cost of meeting such needs and interests. In any proceeding under this subsec- tion. the cable operator shall be af- forded adequate notice and the cable operator and the board or its designee shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evi- dence related to issues raised in tile proceeding under subsection (1) of this section), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. At the c{)mpletion of a proceeding under this subsection, the board shall issue a written decision granting or denying the proposal fi>r renewal based upon the record of such proceeding, Supp, No. 4 CD30:I1 COLI.I EI{ COUN'Ff CODI< (5) and tr.'msmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. ?my denial of a proposal fi~r renewal shall be based on one or more adverse findings made with respect to the factors described in subsections a. through d. of subsection (3) of this section pursuant to the record of the proceeding under subsection (3). The board may not base a denial of renewal on a failure to substantially comply with tile material terms of the franchise under sub- section (3)a. or on events considered under subsection (3)b. in any case in which a violation of the franchise or tile events considered under subsection (3)b. occur af- ter the effective date of this article [Novem- ber 23, 19881 unless the county has pro- vided the operator with notice and the opportunity to cure, or in any case in which it is documented that the county has waived its right to object, or has effectively acqui- esced. Any cable operator whose proposal for re- newal has been denied by a final decision of the board made pursuant to this section, or has been adversely affected by a failure of the board to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the pro~Ssions of 47 U.S.C. section 555 of the Cable Communications Policy Act of 1984. The court shall grant appropriate relief if the court finds that: a. Any action of the board is not in com- pliance with the procedural require- ments of this section; or b. In the event of a finaY decision of the board dens'lng the renewal proposal, the operator has demonstrated that the adverse finding of the board with respect to each of the factors described in subsections a. :brough d. of subsec- tion (3) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding con- ducted under subsection (3). (6) Any decision of the board on a proposal for renewal shall not be considered final un- less all administrative review has occurred or the opportunity therefi~r has la~sed. 17) For purposes of this section, the term fran- chise expiration means the date of the expiration of tho term ~',f the franchise, as provided under the frar,chise, as it was in effect on the date of th,: enactment of this article [November 15, 198S]. (8) Notwithstanding the provisions of subsec- tions (1) through (7) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time; and the board may, after affording the public adequate notice and opportunity for com~nent, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (1) through (7) of this section shall not apply to a decision to ['rant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal pro- posal that is submitted in accordance with subsections (1) through (7). (9) In the event the board elects not to grant a renewal of the franchise under the provi- sions of subsection (1)of this section or in the event a franchise is terminated under the provisiuns of section 30-52 of this arti- cle after the franchise holder has ex- hausted all administrative and legal reme- dies of appeal denying renewal of the franchise, the franchise holder shall have a period of one year to sell its CATV system to a person approved by the board for a new franchise, which approval shall not be un- reasonably withheld, or a period of one year after termination ofser~'ice to remove, at its expense, all portions of the CATV system from the public rights-of-way as described in section 30-53 of this article. In the event such previous franchise holder does not effectuate a sale of its CATV system tr> a person approved by the board for a new franchise or does not remove all portions of its CATV system from said Supp. No. 4 CD30:12 CABI.E ('OMMUNICATIONS 30-31 public rights-of-way within said period of one year, the portions of the CATV system that remain within said public rights-of- way shall be considered abandoned and shall be governed by the provisions of sec- tion 30-53 of this article. (10) In the period between termination of the franchise and the granting of another fran- chise, but not to exceed 12 months, the franchisee shall continue to provide sen'ice to the public as if its franchise were still in effect. (Ord. No. 88-90, § 3; Ord. No. 94.12, § 2: Ord. No. 96-15, § 1, 3-26-96) Sec. 30-29. Rights. (a) The right is hereby reserved to the county to adopt, in addition to the provisions contained herein and in existing applicable agremnents, such additional regulations as it shall find neces- sar.',' in the exercise of the police power; provided that such re,relations, by ordinance or otherwise, shall be reasonable and not in conflict with the terms and conditions of the franchise and the rights herein gq'anted. (b) The county shall have the right during the life of this article to install and maintain free of charge upon the poles of the franchisee all wire and pole fixtures necessac,' for a police alarm system, or traffic-control system on the condition that such wire and pole fixtures rte not interfere with the present and future CATV operation of the franchisee. (c) The county shall have the right to inspect at the franchisee's business office the maps, plans and other like materials of the franchisee at any time during normal btsiness hours when; such maps. plans and other materials are re!ated this article or any franchise granted by the county. (Ord..%o. 8S-90, § Sec. 30-30. Initial performance guarantee. (a! Within one year from the date of issuance of an original franchise or the extension of a sen'icc area. the franchisee shall accomplish construction of 25 percent of thc proposed CATV system within the entire service area where the density is 35 homes per street or road mile, and shall thereof- ter equitably and reasonably extend ener~zed cable to a substantial percentage of its franchise area each year. A substantial percentage is hereby determined to be 15 percent of the homes within the service area described in the franchise. Fail- ure to accomplish said significant construction of the proposed C:\TV system within said ser-,-ice area within a period of one year from the date of' issuance of an original franchise ur the extension of a ser','ice area or failure to equitably extend energized cable to at least 15 percent of its fran- chise area each >'ear thereafter may result in cancellation of said franchise by the board as provided in this article, ttowevc, r, said 15 percent shall only apply to areas where the density is 35 homes per street or road mile or more. (b) In the event a franchisee has not completed construction and is not offering CA7%' scm'icc to at least 85 percent of the homes within the service area described in its franchise at the expiration of five years from thc date of thc issuance cf said franchise, the board shall have the right to with- draw a portion of said scr-.'ice area in the interest of the public convenience and necessity. Said action shall be taken only after a public hearing established by the board for the purpose of allow- lng the franchisee to show cause why such action should not be taken. (c) It shall be tho works administrator mflnce. (Ord. No. 88-90, § 5~ responsibility of the public tu inspect and ye(il? perfor- Sec. 30-31. Rights to use streets not war- ranted. It is understood that there may from time to time be within the county various streets which the county does not have the unqualified righ~ to authorize a franchisee to use, because of rese.-,'a- tions in fi~vor of th(: dedicators or })ecause of other le~:al impediments: therefore, in [.'Tantin;: a fran- chise, the county does not warrant or represent as to any particular street or portion ora street that it has the right to authorize the franchisee to install or maintain portions of its system therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the franchisee. (Ord. No. 88-90, § 6) Supp No. 4 CD30:13 § 30-32 COLLIER COUNTY CODE Sec. 30-32. Other agreements, permit and casement requirements. Tt~c count>' shall not be required to assume any responsibility for the securing of any rights-of- way, easements, or other fights which may be required by the franchisee for the installation of a CATV system, nor shall the count>' be responsible for securing any per,nits or a~eements with other persons or utilities. (Ord. No. 88-90, § 7) Sec. 30-33. No property rights conveyed. Nothing in this article or in the franchise shall grant to the franchise holder any right of property in county-owned property or public rights-of-way as descr/bed in section 30-28(a) of this article; nor shall the county be compelled to maintain any of its property or said public rights-of-way any longer than, or in any fashion other than in the county's judgment, as its own business or needs may require. In addition, the franchise holder shall not be entitled to any compensation for damages from the county as a result of having to remove or relocate its property, lines and cables from said public property or public rights-of-way in the event the county determines that a necessity exists for such removal or relocation. (Ord. No. 88-90, § 8) Sec. 30-34. ,Jurisdiction of other regulator}' bodies or agencies. Nothing herein shall be construed to grant a franchisee any right or privilege lawfully within the jurisdiction of any other regulatory body or agency. (Ord. No. 88-90, § 9~ Sec. 30-35. Liability, indemnification. (a) Liability in case of emergency. IL at any time in case of fire, disaster or other emergency, it shall appear necessary in the judgment of the county to cut, move or otherwise interfere with any of the wires, cables, amplifiers, appliances or appurtenances thereto of the franchisee, the county shall not be liable fi~r any injury or damage to such property and equipment of the franchisee as a result of such cutting, moving or interference. (b) Indemnification. (1~ By acceptance of the franchise granted under this article, the franchisee agrees to indemnify, defend and hold harmless the county, its officers, boards, commissioners, agents and employees, from any and all actions, claims, suits, penalties and judg- ments for damages at law or equity of any nature whatsoever arising out of or through: a. The acts or omissions of the franchisee. its sen'ants, employees and agents; and/or b. The conduct of its business ns a cable tele~'ision communications serwice. (2) The franchisee shall defend in the name of the count>; and pa)' all expenses incurred by the county in defending itself, with regard to all damnges and penalties the county may legally be required to pay as a result of a franchise granted under this article. Damages and penalties shall in- clude but not be limited to damages arising out of coDTight infringement and all other damages ar/sing out of the construction, installation, operation and maintenance of its cable communications system, whether er not any such act or omission is autho- rized, allowed or prohibited by this article or the franchise granted hereunder. Ex- penses shall include all incidental ex- penses, including attorney fees and the reasonable value of any services rendered by the office of the county attorney. (Ord. No. 88-90, § 10) Sec. a0-a~. Insurance. (a) Required. (1) Simultaneoulsy with the execution ~f the franchise agreement, the franchisee shall provide proof of general liability insurance insuring against claims for liability and damages. The franchisee shall maintain said insurance throughout the term of the franchise; and said insurance shall include, at a minimunt the following typ~s of insur- ance coverage in amounts not less than shown: a. Worker's compensation. Coverage to ap- ply for all employees for statutorw lira- Supp. No. 4 CD30:i.I CABI.E COMMUNICATIONS 30-37 (2) (3) (1; its in compliance with the applicable state and federal laws. The policy must include employers' liability with a limit of $500,000.00 each accident. b. Comprehensic'c gencr~:l liability. Shall have minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, indepen- dent contractors, and subcontractors and/or completed operations, broad form property damage, XCU coverage, and a contractual liability endorsement. c. Business auto policy. Shall have mini- mum limits of $1,ooo,ooo.oo per occur- fence combined single limit for bodily injuu' liability and property damage liability. This shall include owned ve- hicles, hired and nonowned vehicles and employee nonownership. The insurance coverage obtained by the franchisee in compliance with this section shall be approved by the risk management administrator and the county attorney, and such insurance policies, along with written evidence of payment of required premiums, shall be filed and maintained with the county administrator during the term of the franchise. The insurance coverage and policy require- ments may be changed and increased from time to time at the discretion of the board of county commissioners to reflect chang- ing liability exposure and limits. Nothin~ herein is intended as a lhnitation to the extent of any legal liability of the franchisee. Insurance pollO' provisions. l~csident company and agent. All insurance policies and bonds as are required of a franchisee in this article shall be written by a company or companies authorized and qualified to do business in the state, and have a minimum rating of"A .',LX" in Best's Rating Guide. (Ord. ~ec. (2) Certificates and renewals. Certificates and renewals of all coverage required shall he promptly filed by the franchisee with the c~unty administrator. Each policy shall re- quire notice, and the franchisee shall notify the county within 30 days of any cancella- tion or modification of any insurance cov- erage required by this amicle, which notice shall be sent by registered mail to the county administrator or his designee. Re- newal certificates shall be filed with the county no less than 30 clays prior to the policy expiration date. (31 Additional insured, The county shall be included as an additional insured on b~th the cmnprehensive general liability anti business auto liability policies. Prcmiumpaymcnt. Companies issuing the insurance policies shall have no recourse against the county for payment of any premiums or assessments, and same shall be the sole responsibility of the franchisee. (5) When effccticc. No franchise k~anted under this article shall be effective unless or until each of the foregoing policies' certificates of insurance as required in this section have been delivered to the county. (6) ~X%t waiven Neither the prr2visions of this section, nor the acceptance of any bonds by the county pursuant to this article, nor any damages received by the c~mnty thereun- der shall be construed to excuse perfl;r- mance by a franchisee or limit the liability of a franchisee for damages to the full amount of the bonds or othe~'ise. No. 88-~0, ~ I1; Ord. No. 96-15, ~ 2, 30-37. Bonding requirements. Crmstruction bond. Simultaneously with the execution of the franchise agreement, the franchisee shall post with the county either a construction bond or an irrevocable letter of credit is- sued by a state bank or a federally insured lending institution in an amount equal to 110 percent of the projected cost of construc- tion and installation of the system. Exist- sup,, No 4 CD30:15 COLLIER COUNTY CODE ing franchisees shall post st,ch a bond or irrevocable letter of credit with the county anti as required by the county administra- tor at the same time as and in conjunction with submission of a construction plan or reconstruction plan as required by section 30-42(a) of this article, and in any event at least 30 days prior to the start of construc- tion or reconstruction. Said bond or letter of credit will be returned at the end of six years to the franchisee or at such prior time as the system has been completed and approved by the county, provided: a. That the franchisee has met or ex- ceeded the construction schedule re- quired by section 30-30 and section 30-42; and b. That the franchisee has in good faith complied with all terms and conditions of the franchise a~eement and ali pro- visions of this article ns well as the rules and regulations herein required and permitted. (2) If the franchisee submits a cable system construction or reconstruction map and schedule pursuant to section 3042(a) of this article which provides for construction of the system in progressive stages to pro- vide service to specified and definitive sec- tions of his franchise area, the franchisee may submit a construction bond or irrevo- cable letter of credit equal only to I10 percent of the projected cost of construction and installation of each specified and de- finitive section of the system in lieu of the bond or letter of credit required by subsec- tion (a)(1) of this section; provided, how- ever, that the franchisee must complete construction of the specified section to which the construction bond applies prior to the initiation of construction of a subsequent section. (3) If the franchisee shall fail to perform the obligations heretofore set out in this sec- tion, the franchisee shall forfeit in total to the county the hereinabove referenced con- struction bond. (4) Said construction bond shall not be in lieu of any other guarantee or indemnification required by this article and shall be in addition tn the performance bond or irrevo- cable letter of credit required in subsection (b)(l.) of this secti{m. (b) Permanent performance ~nd prLvmcnt bo~d. (1) Simultaneously with the execution of the franchise agweement or assig-nment of fran- chise in the case ofn transfer, the franchise shall, furnish to the cmmty a performance bond or an irrevocable letter of credit is- sued by a state bank or a federally insured lending institution in the amount of $100,000.00. The performance bond or let- ter of credit shall be used to guarantee the compliance with performance requirements and pa>'ment of all sums which may be- come due to the count>' under this article and/or under any franchise agreement en- tered into by the county and the franchisee. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the franchise and for one year after the fran- chise expires or is terminated, without re- duction or allowances for any amounCs which are withdrawn or paid pursuant to this article. (2) All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of the effective date of this article [November 23, 19881 shall not be required to furnish a performance bond until such time as cur- rent franchise expiration, transfer or re- newal. Current franchisees may negotiate accelerated franchise renewals pursuant to section 30-28(g). (3/ The rights resets'ed to the count>' with respect to the bond or the letter of credit are in addition to all other rights of the count>'. No. 88-90, § 12; Ord. No. 96-15, § 3, (Ord. Sec. 30-38. FCC petition and license. The franchisee shall, except for existing li- censes, within t30 days after the issuance of a license under this article, apply to the FCC for a Supp. No. 4 CD30:16 CABLE COMMUNICATIONS ~ 3o.41 registration statement or such other certificate or license as mav be required fl~r the operation of ti~e caL,!e system. Failure of the franchisee to obtain the necessary permits anti licenses within nne year of the issuance of a franchise under this amicle shall cause the franchise to become null and void. unless the franchisee petitions the board for an extension of time upon good cause show. (Ord. No. 88-90, § 13) Sec. 30-39. Compliance with applicable laws and ordinances. The franchisee shall at all times during the life of this article be subject to nil lawful exercise of the police power by the county and to such rea- sonable regulation by the county as the county shall hereafter provide. The franchisee shall com- ply with all laws, statutes, cortes, ordinances, rules or regulations applicable to its business. Specific and exact compliance to all zoning and building regulations shall be adhered to by the franchisee. (Ord. No. 85-90, § Sec. (al (1) 30-40. Signal quality requirements. General standards. Systems shall be maintained in such a manner as to prevent radiation from its facilities in excess of the limits specified in applicable rules and reg'ulations of the FCC. The systems shall pass standard color tele- vision and FM signals without degrada- tion. (3~ There shall be nc visible cross-modulatior, products produced in the cable TX,; &vstems on any channel. {4,, The system nnd all equipment shall be designed and rated for 2.1 hours per day continuous operation. (b> Technical specifications. (I ~ CATV systems shall be installed and main- tained in accordance with FCC technical specifications, regulations and industry stan- dards as rellected in the Standards of Good Engineering Practices for Measurements on Cablevision Systems, published by the (Ord. National Cable Television :'~sociation to the effect that the cust(m~ers shall receive the highest possible level af service. t21 Underground c,nstruction in streets shall be of such quality as to assure continuity of service without the necessity of frequent street or pavement cutting and shall cnn- lain a self-sealing device to ensure ali such cables against, leakage. (3) No portion of the franchisee's system shall hamper the ability of nonsubscribers from receiving TV broadcast signals off tho air waves where, prior to the CATV system's existence, such signals could be received by nonsubscribers' television equipment. (.t) The levels of intensity or strengeth permit- ted on any drop shall be closely adjusted to prevent stray radiation of the C..\TV signal. (5) The franchisee shall take steps as notes- sar3' to prevent instances of q. xtensi;'e tit" radiation. (6) All amplifier housin,g shall he effective shields against radiation by the amplifying equipment. No. 88-90, § 15) Sec. 30-41. Service re¢tuirements. (a) System capcJbility. (1) The franchisee's cable distribution system of a franchise granted pursuant t, this article shall be capable of carrying at toast 5.1 television channels and FM radio to each subscriber. (2) Each such franchisee shall at all times provide prog'ramming on a minimum of 30 channels and shall provide on its basic sec'ice, programming on a minimum of 12 channels, unless otherwise preempted by the FCC, and provided that such progwam- ming is available. Each franchisee shall make available without charge to the county unlimited time on at least one local govern- meat access channel. (3') The franchisee shall extend cable televi- sion service to any building within the county which is located on property within Supp. No. 4 CD30:17 § 30-41 COLLIER COUNTY CODE I50 feet of any portion of the distribution facilities of the franchisce's existing plant at the time of application for service. Such extension shall be made within 60 calendar days after receipt of a legitimate written request for such service. There shall, how- ever, be no obligation on the part of the franchisee to extend cable service beyond 150 feet from existing distribution facilities unless there is a density of at least 35 homes per street or road mile contigmous to the existing plant. Provided, however, the franchisee shall serve any building in ex- cess of 150 feet if the owner of said building is willing to pay the actual cost of the serwice extension to such building. (b) Lock.out devices. The franchisee shall make available, to any residential subscriber so request- ing, a "parental guidance" or "lock-out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual aspects from any channel reception. The franchisee shall annually advise all residential subscribers regard- ing the availability of this device, and an addi- tional reasonable charge for any such device may be imposed. (c) Denial of service. The franchisee may deny service to any subscriber where such subscriber has previously been a subscriber of the franchisee and the franchisee previously terminated subscriber's service due to nonpayment. (d) Emergency use o[ [acilities. The franchisee shall install and maintain an audio override ca- pacity on all channels for transmission of emer- gency messages and alerts and shall provide for character-generated "crawl" information to be su- perimposed for the hearing impaired on all video channels. In the case of any emergency or disas. ter, as determined by the count>; franchisees shall, upon request of the count); make the over- r/de capacity available to the county without charge for use during emergency or disaster pc- Nod. All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of November 23, 1988 shall not be required to provide "crawl" infi>rmation on more than one identified and desig'nated channel until such time as the current franchise expires. is transferred or renewed. (Ord. No. 88-90, § 1t3) Sec. 30--12. Cable system construction. (a) Construction map and schedule. The fran- chisee shall submit a construction plan or recon- struction plan which shall be incorporated by reference and made a part of the franchise agree- meat. The plan shall include cable system design details, equipment specifications, and desigm per- formance criteria. The plan shall also include a map of the entire franchise area and shall clearly delineate the following: (i) ~a'eas within the franchise area where the cable system will be initially available to subscribers, including a schedule of con- struction for each year that construction or reconstruction is proposed; and (2~ Areas within the franchise area where ex- tension of the cable system cannot reason- ably be done due to lack of present or planned development or other similar rea- sons, with the areas and the reasons for not serving them clearly identified on the map. Construction or reconstruction plans and maps shall be submitted to the county ndministrator's office at least 90 days prior to the start of con- struction or reconstruction, unless the county ngrees to a lesser time period. (b) Early construction and extension. Nothing in this section shall prevent the franchisee from constructing or reconstructing the cable system earlier than planned. However, any delay in the cable system construction beyond the times spec- ified in the plan report timetable shall require application to and consent bv the board. re) Delay in coastruction t:.Ictc~b:'e. An5' del:Lv beyond the terms of construction or reconstruc- tion timetable, unless approved by the board, will be considered a violation of this article for which the provisions of section 30-51 shall apply as determined by the board. (d) Cornmencen,ent of construction or rcconstruc- Eon. Construction or reconstruction in accordance with the plan submitted by the franchisee shall Supp. No. 4 CD30:18 CABLE COMMUNICATIONS .,' commence as soon allot the grant and acceptance ora franchise as is reasonably possible. Failure to proceed expeditiously shall be g-rounds for revo- cation of a franchise. Failure to proceed expedi- tiousl:: shall be presumed in the event construc- tion or reconstruction is not commenced within 12 months of the grant and acceptance ora franchise. (e ~ Additional mandato©' extcnsion. Extension of a cable system into any area not specifically treated in the plan shall non,,thcless be required if the terms of any of the following conditions are met: (1) Mandatot7' extension rule. The franchisee shall extend cable system upon request to any contiguous area not designated for initial cable sen'ice in the construction plan when potential unserved subscribers can be served by extension of cable system past dwelling units equivalent to a density of 35 homes per street mile. (2) £ariy extensiotz. In areas not meeting the requirements for mandatoo' extension of cabIe ser¥ice, the franchisee shall provide, upon the request of five or more potential subscribers desiring cable ser,'ice, an esti- mate of the costs required to extend cable service to said subscribers. The franchisee shall then extend cable se,~'ice upon re- quest of said potential subscribers accord- ing to the existing rate schedule. The fran- chisee may require advance payment or assurance of payment satisfactory to the franchisee. The amount paid by subscrib- ers for early extension shalt be nonrehmd- able: and in the event the area subse- quently reaches the density required for mandatory extension, such payments shall be treated as consideration fi~r early exten- sion. (f; Prior approval by county. Except for individ- ual sera-ice drops, the franchisee shall not erect any pole, run any line, or make any attachment, nor shall any construction on public prope~y and related to the delivery of cable sen'ices be com- menced without the prior approval of the public works administrator. Prior to the issuance of such approval, the franchisee shall submit to the pub- lic works administrator: (1) Strand maps of the system authorized by the proposed franchise s~owing plant rout- lng, utility company poles to which the system facilities are to be attached: and (2) True copies ~f all pole att:<hment agree- ments made by the franchisee with United Telephone Company and Florida Power and I.ight Company and any other utility or company to which an attachment is to be made. (g) County's right to inspcct. The county shall have and maintain the right to inspect the instal- lation, construction, operation and maintenance of the system by the franchis~?e to ensure the proper performance of th,~ terms of this article. (h) ,Joint or common usc of po[cs. (1) To enhance the public convenience and to minimize the placement of poles and wire holding structures within public ways, the franchisee shall enter into agreements for the joint or common use of poles or other wire-holding structures where poles or other wire holding structures already exist for the use in scm'lng the county or sem'ing the public convenience. However, no location of any pole or w/re-holding structure of the franchisee shall be a vested interest, and such pole or structure shall be removed or modified by the franchisee at its own ex- pense whcnever the public works adminis- trator determines it to be necessary in conjunction with a county prQect. {2~ The county shall be permitted to make ose of the poles or other wire-holding struc- tures of the franchisee, without charge or remuneration to the franchisee, if the pub. lic works administrator determines that the use would enhance the public conve- nience and would not unduly damage, ham- per or interfere with the 2anchisee's present and future operations. (il Permits, eascments and agreements. The county shall not be required to assume any re- sponsibillty for the securing of any rights-of-way Supp. No. 4 CD30:19 COLLIER COUNTT CODE or easements, nor shall the county be responsible for securing any permits t,r agreements with other persons or utilities. (j) Location/relocation of facilities. (1) The franchisee's system may be installed above~ound in areas where existing power or telephone facilities are aboveground, and shall be installed underground in areas where existing power and telephone facili- ties are installed underground. The fran- chisee shall endeavor to enter into agree- ments for the purpose of sharing poles with any person now or hereafter authorized by license, franchise or otherxvise to erect and maint:fin overhead or underground wires and cables, it being the intent hereof that alt above~m'ound installations of CATV sys- tems shall be accomplished on existing utility poles and easements where fi.~asible, and installed only parallel to e~sting facil- ities. Vv'here new poles are installed, prior approval of the public works administrator as to lecation must be received. (2) The franchisee shall not place any fixtures or equipment where the same will interfere with any gas, electric. CATV, telephone, sewer, drainage or water lines, fixtures or equipment; and the location by franchisees of their lines and equipment shall be in such a manner as not to interfere with the usual travel on or proper use of said streets, the use of the same for the installation or operation of gas, electric, telephone, water, drainage, or sewer lines equipment, or the rights or reasonable convenience of owners of property which abuts any street. (3) Franchisees shall relocate any aboveground portion of their systmns underground in any county easement or right-of*way area where existing power and telephone facili- ties are hereafter so relocated unless a franchisee elects to purchase said poles owned by the utility cmnpany or is permit- ted to remain on said poles pursuant to contractual pole attachment a~eements. Any such relocation shall be at their ex- pense, and such relocation shall be accom- plished concurrently with reb~cation or any such power and telephone facilities. (4) The franchisee shall have the authority to tr/m trees upon or overhan~ng streets, alleys, sidewalks and public ways and places of the count)' so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, in a manner approved by and acceptable to the county. At the option of the county, such trimming ma)' be done by it or under its supervSsion and direction at the expense of the franchisee, if prior notification has been given to the franchisee and the franchisee thereafter failed to respond. (5) Franchisees shall promptly, upon thc county's request and at their own expense, modi~' or relocate when necessary any parl of their systems to accommodate the aban- donment of any street. (6) No location of an)' underground or aboveground facility or structure of any franchisee on public propet-ty shall be a vested interest, and such poles or struc- tures shall be removed or modified by a franchisee at its own expense whenever the county determines that the public conve- nience would be enhanced thereby. (k/ Safety. {1) A franchisee's work performance, equip- ment and job sites shall be in compliance with all applicable state and federal require- ments. A franchisee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices as are required by the Manual on Uniform Traffic Control Devices (FDOT) to protect all members of the public having occasion to usc the tion of the streets involved or adjacent property. (2) The franchisee shall at all times employ due care and shall install, maintain and use commonly accepted methods and de- vices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. All structures and all lines, equipment and connections in, over, under and upon the streets of the county wherever situated or located shall Supp. No. 4 CD30:20 CABLE COMMUNICATIONS at all times be kept and maintained in a safe, suitable, substantial condition, and in good order an'l repair. The franchisee shall install and maintain its wires, cables, fix- tures and other equipment in accordance with the requirements of the National Elec- trical Safety Code promulgated by the Na- tional Bureau of Standards, the National Electrical Code of the American Insurance Association, and the Bell System Code of Pole Line Construction. It:s?cctiot: and performancc test. The count;.' shall have the right to make such inspections as it shall find necessary to ensure compliance with terms efa fran- chise and other pertinent proviMons of law. The county shall have the right to require the franchisee to provide and keep accurate calibrated test equipment immediately avail- able for use in the county for the testing of all se~,'ice and operation standards in this article, and the franchisee Mmll conduct such tests as requested by the county in order to establish the level of perfi)rmance of the system. 'I~e franchisee Mmll furniM~ the county administrator with a written report of the results of franchisee's annual system proof of performance tests, as required by the FCC. The county may require additional tests as proof of performance should it have reasonable cause to believe that a ffanchi~ee's system is not providing quality scm'ice transmission tt~ its subscribers. Thc franchisee shall I)ny the costs incurred by the county f~r any technic:d asM~tance deemed necessary by the county f~r obtain- in, independent verificnti.n of technical cmnpliancc with all standards. Reports cu,.'- erin~ the following will be maintained and made available to thc county manager upon request: a. Complaints, numbers, nature and cor- rectiv'~ actions taken, as required by section b. Progress of system expansion and num- ber of subscribers. (Ord. (m~ Transfer pr~hit~itcd. (1) A franchisee shall not assign, sell or trans- fer its plant or system or any p~rtion thereof. nor any right, title or interest in same. nor shall a franchisee transfer ar assign any ri~ht under this article or under a fram chise agreement to any other person with- out prior approval of tim county, wldch approval shall not be unreasrmably with- held, and only then upon such conditions as the county deems necessary and proper. Prir)r approval ~f the cmmty shall he re- quired where owners}dp or control of mCwe than 30 percent of the ri~jht of control ~f franchisee is assi~med to or acquired by a person or kwoup of persons acting in con- cert, none of whom already own or control 30 percent or more of such riljht of contrfd. sinkmlarly or collectively. !2) Any transferee of a fr;mchisee's plant or system or any portion thereof shall sub, mit to the county information which is required of an initial applicant as found in section 30-28(c)(1), (c1(2) and (c)(3) of this article and must a~rree to comply with all provi- sions of this article before the county may approve such transfer. N~. 88-90, ~ 17; Ord. No. '.~6-1:,. ~ 4.2-'26-96, 30-.13. New ¢level(H~mcnts. (a; Public hearing. The board ~ha!', have thc authority to order a public hearimz on the provi- sion of additional channel capacity by franchisee £upp. No..1 CI')30:20.1 CABI,E COMMt:NICA'FIONS 5 or on the inclusion in the [ranchisee's cable system of state-of, the-art technolo~' er upgraded facili- ties. Notice of such hearing shall be provided to the franchisee and .he public nqt later than 30 days prier to such hearing. ;b' Detcrminction of need. I[ after such hearing the board determines that: ~ 1 ~ There exists a reasonable need and demand fi~r additional channel capacity an&or state- cf-the-arc tecbnalo~' or upgraded facilities: ,2 Provision bas been made or will be made f~r aclequa~e rates which will allow afran. chiscc a fidr rate of return on its invest- r::cn~ rincluding the investment required tn pro',dde the additianal channels an&'or the state-of-the-art technnln~.' or uph~aded fa- dlities;; and ,3; fiuch requirements will nnt resul: in ecr~- heroic waste for the franchisee. The beard may order franchisee tn provide a spec. ihcd number or additional channels and/or speci. fled state-of-the-art technolo~' or up~aded facil- i:ies, In considering the economic feasibility of required cable system improvements, the board may consider the extension of the term of the fran- chise to permi~ the recoveo' or the cost of said improvements. Any proposed extension of fram d~ise shall be treated prncedurally in accordance with the procedure fl)r franchise renewal, as stated in section 30-38. ~Ord, No. SS-90, ~ Sec. 30-1.1. Areawidc interconnection of cable systems. *a /n:erc~,,',,,:cctzon required. A franchisee shall with any or ail other cable systems in c{mtig-~nu~ adjacen~ areas, upon lhe directive nf the county. [:htercrmnecthm of cable systems )nay be done bv direct cable coanection, microwave link. satellite. or o~ber appropriate method. 'b. I,xrcrcw:,':ecrion proccdure. Upon receiving the directive oFthe county to intercrmnect, a fran- chisee shall immediately initiate neg~)tiations with the other afibcted cable system or systems in order that all casts may be shared equally among cable systems f~r hotb consiructirm arm operation of the interconncction link. (c} Reliefi A franchisee may be gwanted reason. able extensions of time to interconnect or the county may rescind its order to interconnect upon petition by the franchisee to the county. The county shall grant said request if it finds that a franchisee has negotiated in good faith and has Failed to obtain an approval From the cable system or systems of the proposed intercm~nection or that the cast of the intercnnnectioa wouht cause an unreasonable or unacceptable increase in sub- scriber rates, ~d, CnnFcre, tiwz required. A franchisee shall co- ~,perate with any interconnection corporation. gdonal interconnection authority or otber c~mnty. state and federal regmlatoo' agency which may be hereafter established for the puqmse of regmlating. financing, otherwise providing fi~r the intercon. nection of cable systems beyond the }),mr~daries of t)xe county. ~Ord, No. ~S-90, ~ Sec. :10-.t5. Local office; operations. (a: Loccl o/rice, The franchisee shall, throughout the entire duration of its franchise, maintain an office within the county open to the public during all reasonable business hours. ~b' Franchise officials. The franchisee shall des. igmate a resident manager of the system, and such person shall reside in close proximity to the ser- vice area of the franchisee and shall be active in the management of the system in tim county thrr~ughout the duration of the franchise. The [ran- chisee sbalI noti(v the county in writing nf any change of the resident manager within 30 cal. endar days of the change. ,c' ,~It:/n',ci~ztt',~4 tcl,//~honc ccccss. [-hacb fram cbisee shall maintain within its africa a te!epbnne s'.'stem with a toll-free telephone number for all exchanges sen'lng the franchise area; and such systom shall be so operated that complaints and requests for repairs may be received at any time 24 hours a day, each day of the year, by a person representing the franchisee. CD30:21 COI,IolER COL;,~TY CODE (d) Studio fccilities. Each franchise existing prior to this article and ser,Ang a minimum of 25,000 subscribers as of the enactment of this ar- ticle INovemher 15, 19881 or upon attaini nga min. imum of 25,000 subscribers sh,xll maintain studio facilities adequate to serve the subscribers of the franchise within the county, as determined by the board. Each franchise [,wanted pursuant to this article shall, upon serving a minimum of 25,000 subscribers, mMntain studio facilities adequate to serve the subscribers of the franchise within the county, as determined by the board. Consis- tent ~4th community needs and interests, facili- ties shall be adequate to provide the space, lighting, and audio and visual equipment neces- saD' for on-site videotaping and audio recording of educational, governmental or civic programs. Facilities w/Il also have the capability of trans- mitting locally orig-inated programs to all sub- scribers being serwed by the franchisee's system. {si Resident agents. Each franchisee shall main- tain a force of resident agents and employees to provide prompt response to subscribers within the county at all times, and shall have sufficient em- ployees to pro,Sds safe, adequate and prompt ser- vice for its facilities. (Ord. No. 88-90, § 20/ Sec. 30-46. Access to records. The county shall have access, at all reasonable hours, to plans, contracts, engineering, accounting, financial, statistical, customer and service records relating to the property and operation of the fran- chisee's county system and to such other records as may be required by the county to perform its regulator5, responsibilities under this article. Such records shall be made available upon reasonable notice at the franchisee's local office. With the exception of those records contained in the appli- cation submitted under section 30-281cL such records shall not constitute public records. {Ord. No. 88-90, § 211 See. 30-47. Submission of financial reports. The franchisee shall submit, revenue reports to the office of the county manager annually, but no later than 60 days from the due date ms required by section 30-28rk), including a detailed income and expense statement applicable to its operation during the preceding 12.month period, a hahmce sheet and a statement of its properties devoted to the cobh', system operation, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. The an- nual revenue reports so submitted shall be spe- cific as to the extent of operations of the fran- chisee within the unincorporated area of the county and shall include number of homes passed, number of cable plant miles, number of subscribers for each t>npe of cable se,wice offered and the revenues from all sources attributable tn the op- erations of the franchisee from within the county. lOrd. No. 88-90, § Sec. 3048. Rate schedule. (a~ Filing of rate schedules. The franchisee shall file with the county schedules which shall de- scribe all sec'ices offered, rates and charges for all services, and all terms or conditions relating thereto. ~) Subscriber payrnent of rates. (1) The franchisee may refuse to furnish or may discontinue furnishing service to a sub- scriber who fails to pay installation fees or monthly service charges when due or for other good cause, but only after written no- tice to that subscriber. (2) The franchisee may require subscribers to pay for the installation and for each month ofbasic ser¥ice in advance at the beginning of each month. t3: Nothing in this section shall be constn~ed to prohibit waiver or reduction of charges for initial installation scm'ice, reconnec. tiaa or other sera'ice charges that are made for promotional purposes. lOrd. No. 88.90, § 231 Sec. 3049. Preferential or discriminator>' practices prohibited. The franchisee shall not, as to rates, charges, sera'ice facilities, rules, regulations or in any other respect, make or grant any preference or advan- tage to any person, nor subject any person to any prejudice or disadvantage. This provision shall not CD30:22 CABLE COMMUNICATIONS 30-51 apply to discounts provided to owners or opera- tors of multiple-unit dwelling complexes when such discounts or contract rates ;Ire provided under con- tract or ~bulk bill" agreements. (Ord. No. 88-90, § 24~ Sec. 30-50. Rules of franchise. The franchisee shall have the authority to pro- mulgate such rules, re.lotions, terms and con- ditions governing the conduct of his business as shall be reasonably necessary tn enable the fran- chisee to exercise his rights to perfl~rm his obliga- tions under this article and to assure an uninter- rupted service to each and all of his customers; provided, however, that such rules, regulations. terms and conditions shall not be in conflict with the provisions of this article or the franchise agree- ment and shall be filed with the county. (Ord. No. 88-90, § 25) Sec. 30-51. Liquidated damages. (a) Failure to comply twilit time and pcrfor. mance requirements. By acceptance of any fran- chise granted by the count3; a franchisee under- stands and shall agree that failure to comply with any time and performance requirements as stip- ulated in this article and/or a franchise agree- meat will result in damage to the count?; and that it is and will be impracticable to determine the actual amount of such damage in the event of de- lay or nonperformance; the franchise a~eement shall include but not be limited to provisions liquidated damages to be paid by the franchisee, in amounts set forth in the franchise agreement and chargeable to the performance bond or letter of credit required by section 30-37 fi)r the follow. mg concerns: ( 1 } For failure to complete system construction or reconstruction in accordance with this article unless the board specifically approves the delay bb' motion or resolution, a fran- chisee shall pay $500.00 per day fi~r each day, ()r part thereof, the delinquency tinues; t2) For failure to provide, upon written re- quest, data, documents, r.ports, and/or in- formation, a franchisee sball pay $50,00 per day for each cia}', or part there{ff, that each violation occurs or continues: (3) For failure to test, analyze and report on the performance of the system rolls, wing a written request to do so, a franchisee shall pay $I00.00 per day for each da5', or part thereof, that such noncompliance contin- ues; (4) For failure to pr~3'~'ide in a continuing man- nor the types of services proposed in the accepted application rjr renewal proposal, unless the board specifically approves a de- lay or change or the franchisee has ob- tained modification of its obligation under 47 U.S.C. section 5-15 of the Cable Commu- nications Policy Act of 198-t, a franchisee shall pay $500.00 per day fi~r each da3', or part thereof, that each noncompliance con- tinues; (5) For failure of franchisee to comply with op- erational, maintenance, technical standards or consumer protection standards, franchi- see shall pay S500.00 for each day, or part thereof, that such noncompliance contin- ues; and (6) For any other action or nonaction by the franchisee, as agreed upon between the county and the francMsee, and set forth in the franchise agreement. Nothing in this section shall preclude further liq- uidated damages as agreed upon by the parties in the franchise agreement. (b) A%lice of intention t. assess. If the ctmntv administrator concludes that a franchisee is lia- ble f~r liquidated damages pursuant to this sec- tion, be shall issue to the franchisee by certified mail a notice of intention to assess liquidated dam- ages. The notice shall set forth the basis of the assessment, and shall inform the franchisee that liquidated damages will be assessed from the date of the notice unless the assessment notice is ap- pealed fi~r hearing before the board and the board rub:s: (1) That the vitdation has been corrected; or Supp. No. 1 CD30:23 § 30-51 COLLIER COUNTY CODE (2) That an extension of time or other relief should be granted. A franchisee desiring a hearing before the board shall send a written notice of appeal of assess- ment of liquidated damages by certified mail to the county administrator within ten days of the date on which the county sent the notice of inten- tion to assess liquidated damages. The hearing on the franchisee's appeal shall be within 30 days of the date on which the county receives the wfitten notice of appeal. After the hearing, if the board sustains in whole or in part the county adminis- trator's assessment of liquidated damages, the county administrator may at any time thereafter draw upon the performance bond or the letter of credit required by this article. Unless the board indicates to the contrarT, said liquidated damages shall be assessed beginning with the date on which the county sent the notice of the intention to as- sess liquidated damages and continuing thereaf- ter until such time as the violation ceases, as de- termined by the county administrator. (Ord. No. 88-90, § 26; Ord. No. 94-12, § 3) Sec. 30-52. Termination. (a) Right of termination. The county reset'es the fight to suspend, terminate and cancel a fran- chise and all rights anti privileges of a franchisee thereunder after due process as specified by sub- section (c) of this section for just and reasonable cause or in the event that any one of the following OCCUFS; (1) The franchisee, after 30 days' notice by cer- tified mail by the count)', violates any pro- vision of this article or any rule, order or determination of the county made pursu- ant to this article, except that if such lotion by the franchisee is without fault or through excusable negligence. (2) The franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. (3) The franchisee attempts to evade any of the provisions of this article or of the franchise agreement or practices any fraud or deceit upon the county. (4) The franchisee fails to commence construc- tion within one year from the effective date of this article. (5) The franchisee fails to complete construc- tion pursuant to the requirements of this article within the time required by its fran- chise. (6) The franchisee fails to provide service to its subscribers as required by the terms of this article, the franchise agreement, or the Ca- blevision Act of 1984, as amended, which- ever is stricter. (b) Rigl, t of suspension. The county reser~'es the fight to suspend any or all of the rights of a fran- chisee upon a fiuding that the franchisee is failing to provide efficient serTice to its subscribers with. in the unincorporated areas of the county or for any grounds specified in subsection (a) of this sec- tion. This shall include the right of the county to prohibit further expansion of service areas until service in the areas being ser~'ed is brought up to minimum acceptable standards. (c) Procedures for termination. The franchise may be terminated in accordance with the follow- ing procedures: (1) The county administrator shall notify the franchisee in writing of the exact nature of the alleged violation constituting a ground for termination and give the franchisee 30 days, or such other greater amount of time as the county administrator may specie', to correct such violation or to present facts and argument in refutation of the alleged violation. (21 If within the designated time the franchi- see does n~t remedy and/or put an end to the alleged violation, the board, after a pub- lic hearing, may direct the termination of the franchise if it determines that such ac- tion is warranted. (Ord. No. 88-90, § 27) Sec. 30-53. l~.emoval, abandonment and res- toration of system. (a) Removal rcquircd. A fr~mchisee shall prompt- ly remove from the streets or public places ail portions of the system and poles of such system, Supp. No. 1 CD30:24 CABLE COMMUNICATIONS other than any which the county may permit to be ahandoned in place, in the event any of the fol- [ow[n~ occu r.~: ill In the event that the use of a part of its system is discontinued fl)r any reason fl~r a continuous period of 12 months. (2t In the event such system or property has been installed in any street or public place without compl>4, ng with the requirements of the franchisee's franchise or this article. 131 In the event that the franchise has been terminated, canceled or has expired with- out renewal, assignment or transfer. (b> Rcr, u;ccl procedures. The franchisee shall promptly, upon being gSven 30 days' written no- tice, begin to remove from the streets all property and poles of the CATV system other than those which the county, in its discretion, may permit to be abandoned. (c) (1) Abandonment. Any property of the franchisee remaining in place after the reasonable time limit set by tile count>', after the termination or ex- piration of the franchise, shall be consid- ered permanently abandoned, The failure to reclaim property, before it is considered to be permanently abandoned as outlined in this section, shall constitute a franchise violation and shall cause forfei- ture of the permanent perfi)rmance bond and, if it is still in effect, forfeiture of the initial construction bond unless the county agtees to accept transfer of ownership of the abandoned p~operty. In that event, the franchisee shall submit to tile county an instrument in writing, to be approved by the county attorney, transferring to tile county the ownership of such property. (d} Restoration required. (1) In the event of such removal as referenced herein, the franchisee shall promptly re- store the street or other area from which such property was removed to the condition existing prior to the disruption of the street or other area. (Ord. Ifa franchisee fails to properly anti prompt- ly restore the are:l, the county, at its eluc- tion, may restore the area and cause forfei- ture of tile permanent perfl)rmance bond and. if it is still in effect, fl~rfeiture of tile const,'mction bond in o:der to reimburse the county fl~r any costs and expenses it incurs for restoring the area. No. 88-90, § 28) 30-5,1. Public, educational and institu- tional services. (a) Public service. The franchisee shall provide. upon written request by the county, one basic ser- vice drop for CATV service without installation or monthly charge to the board of count>' commis- sion office, public schools, county-owned and -op- erated emergency medical sero'ices stations, fire stations, civil defense facilities, satellite govern- ment sera'ices buildings, and the county sheritTs department; provided, however, that the cost of the installation of said service drop beyond 150 feet from the distribution line shall be borne by the appropriate governmental or private body. (b) Local government and educational ctccess channels. (1) The franchisee shall make available un!ira- ired time on at least one channel for local government access at no charge to the cram- t>; and the county shall adopt operating rules for such a channel. (2) The franchisee shall make available at least one channel for the use of state and county public educational authorities free of charge. The franchisee shall adopt operating rules for the educational access channel and shall flh: a copy of said rules with tile county ad- ministrator's office. (3) One channel may be designated by the fran- chisee for both local government access and educational access until such time as the county shall determine that the demand ex- ists for more than one channel. Thereafter, upon written notice from tile county, the franchisee shall comply with the county's request for additional channels pursuant to this section. (Ord. No. 88-90, § 29) Supp. No. I CD30:25 § 30-55 COLLIER COUNT%' CODE 3O Sec. 30-55. Consumer protection provisions. (a) Definitions. For purposes of this section, the following terms and words shall have thc; mean- ing herein unless the context clearly indicates that another meaning is intended. When not inconsis- tent with the context, words used in the present tense include the future, words in the plural num- ber include the singular number and words in the singular number include the plural. Conditions beyond the control of a franchisee shall include (1) hurricanes, floods, windstorms and tornadoes, (2) fires and explosions, (3) van- dalism, sabotage and tampering by subscribers, (4) construction cuts and other major damages by others of the cable trunk and distribution system, (5) transmittal failure by cable programming pro- viders, both broadcast and satellite fed, (6) and commercial electrical power outages in areas where the cable system does not have backup power in- stalled. Normal operating conditions means those ser- ~'ice conditions which are within the control of the franchisee. Those conditions which are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those con- ditions which are ordinarily within the control of the franchisee include, but nrc not limited to, spe- cial promotions, pay-per-view events, rate increas- es, regular peak or seasonal demand periods and maintenance or upgrade of the cable system. Service interruptions means tile loss or deteri- oration of picture or sound of one or more chan- nels of a single subscriber, excluding interrup- tions caused by the program originator. System interruption means the loss of picture or sound of one or more channels of multiple sub- scribers in common system distribution or trunk seP, Sce area or areas, such as in subdivisions and neighborhood.~. (b) Service. (1) The franchisee shall not without good cause fail to provide available sen'ice to individ- uals or prospective subscribers, nor shall the franchisee terminate sen'ice without good cause. Ser¥ice shall be provided to all interested customers where economically feasible. (2) Tcrmination o/services. Upon termination of ser.'ice to an)' subscriber, the franchisee shall promptly remove all portions of its system, facilities and equipment from the premises of such subscriber upon his re- quest. (c) Customer complaints. (1) All subscriber complaints regarding quali- ty of sen'ice, equipment malfunctions and similar matters shall be acted upon by the franchisee as soon as possible. (2) Except where theree.,dsts an emergency sit. uation necessitating a more expedited pro- cedure, the franchisee may interrupt ser- vice, for the purpose of repair or upgrading of the system, only during periods of mini- mum use. (3) The franchisee shah establish procedures for receNqng, acting upon and resolving sub- scriber complaints. These procedures shall be filed with the county administrator. The franchisee shall furnish a notice of such pro- cedures to each subscriber at the time of initial subscription to tile system and at least once a )'ear therea£ter, which notice shall include complaint telepbone numbers of the franchisee. (4) The franchisee shall keep a record of and investigate all written complaints from sub- scribers. Such records shall identi~, the sub- scriber, his address, the nature, location and date of the complaint, and n technician's report on the disposition of the complaint. The count)' may, during normal business hours, inspect the subscriber written com- plaint records of the franchisee which shall be kept in the public inspection file. ~5t The county admini~tratnr i~ h,-roby do~ig. haled I~y the etmnty a, having Frimary re- sponsibility for the continuing administra- tion of the franchise and implementation of complaint procedures. (6) The franchisee shall within seven days af- ter receiving written request from the ccmn- Supp. No. 1 CD30:26 CABLE COMMUNICATIONS 30-$5 t?; send a writt.'n report to the county with respect to any complaint. Tim report to the county shall provide a full explanation of the investigation, findings and corrective steps taken by the franchisee. i7~ In all situations where cable service is dis- rupted to 500 or more subscribers for a time period greater than flmr hours due to the franchisee's plant equipment failure, the franchisee shall noti$' the office of the coun- ty administrator immediately. (dl Customer's right utmn failure of service. (l) Efficient repairs and serviccs. Each franchi- see shall render efficient service, make prompt repairs, and interrupt the sera'ice only for good cause and for the shortest time possible. (2) Notification ofi~lterruptions. Such interrup- tions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. (31 Limitation of failures. The franchisee shall limit failure to a minimum by locating and correcting area service outages promptly, as provided in this section 3-55. a. A complete report may he required by the county for any failure lasting lon~.~- er than ,18 hours. (4'~ Commercial pmL'er outages. In the event of prolonged ccm)mercial power outages be- yond battery capacits; the franchisee will maintain the system with portable genera- tuts at backup power locations to the limits of the franchisee's equipment availability, in local inventory. (el O/rice hours cuid telephon,? availa&ilit'..'. (1) Each franchisee must maintain local, toll- free or colIect-call telephone access nvaii- able to its subscribers 24 hours per day, seven days per week. (21 Each franchisee shall have trained c~mpa- ny representatives who will be available to respond to customer telephone inquiries during normal business hours which shall be from 8:30 a.m. to ,5:00 p.m. each week- day, excluding national holidays. After normal business hours as described above, the access line may be answered by c,m~pany representatives or a staffed an- swering service, or an automated response system. Inquiries received after normal business ~ours must be responded to as pro- vided herein. Under normal operating conditions, tele- phone answer time by a customer represen- tative, including wait time, shall not ex- ceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time, under normal oper- ating conditions measured on a quamerly basis, during normal business hours as de- fined herein. Quarters shall be defined as three-month intem'a!s and shall end on De- cember 31st, March 31st, June 30th and September 30th. The franchisee will not be required to acquire equipment or perform sun'eys to measure compliance with the telephone answering standards above un- less an histo~cal record of complaints indi- cates a clear failure to comply..~ historical records of complaints shall mean a sigmfi- cant increase in complaints as determined by Collier County. compared to ti~e same time periods of previous years, by custom- ers or propemy owner associations to Col- lier County, concerning the franchisee's per- refinance under this section. Upon this evidence, besides investigating to deter- mine compliance, Collier County may also request, and the franchisee shall supply, monthly reports until the customer's com- plaints subside or the county iovesti~zati,m fails to verify non-compliance. (5~ Each franchisee shall maintain the follow- lng telephone statistics and provide a writ- tea summary repo~ by franchise arua xt hic}l shall include: a. Number of calls received; and b. Number of calls answered within 30 seconds. The summary report will be delivered to Collier County within 20 days following the Supp. No. I CD30:27 3 § 30-55 COLI. IEI~, COUNTY CODE end of the same period the statistics cover. Statistics will be maintained on all tele- phone operation centers. (6) Under normal operating conditions, the cus- tomer will receive a busy signal (a condi- tion of all trunks busy) less than three per- cent of the time. Customers will experience a busy signal not to exceed three percent of the time on a cumulative basis on any busi- ness day during normal business hours as defined herein. Upon evidence of a signifi- cant increase in customer complaints or oth- er evidence of possible telephone sera'ice vi- olations as determined by Collier Count)', the franchisee shall perform measurements of compliance if internal equipment has the capability or the franchisee shall request the local telephone provider to perform tests to determine compliance or authorize the local telephone provider to perform tests and compile data at the request of Collier Coun- ty. In any event, the test times and inter- vals shall be determined by Collier Count)'. (fl Installations, system and service outages. (1) Customer service centers and bill payment locations will be open at least during nor- mal business hours as defined herein and will be conveniently located. (21 Under normal operating conditions, tile fol- lowing four standards will be met no less than 95 percent of the time, measured on a quarterly basis: a. Standard installations will be per- formed within six business days after an order has been placed. ~Standard installations" are those that are locat- ed up to 125 feet from the existing dis- tribution system. This time limit shall not apply to installations requested in advance of more than six business days. In those cases, the applicable time lim- it shall be the requested date of instal- lotion. For purposes of calculating time, unless otherwise provided herein, said time shall be~n the next business day after an order has been placed or upon issuance of a permit, if required. In- stallations in excess of 125 feet must be completed within 20 calendar days and installations requiring a distribu- tion line extension will be completed within 30 calendar days after a feasi- bility study has been completed by the franchisee and an agreement has been reached bet~veen the franchisee and in- tended customer on construction costs, if any. The time provision shall not ap- ply when conditions beyond the control of the franchisee prevent completion of the installations. Such condition shall include inability to obtain permits af- ter application has been made or the lack of availability of necessaw equip- ment within a reasonable time period. This section does not impose any re- quirement on the franchisee to serve an area. For each violation of this sec- tion, the subscriber shall not be charged for the primary outlet installation charge. The primary outlet installa- tion charge shall be credited to the sub- scriber's account within the next bill- ing cycle. This penalty shall be automatically executed by the franchi- see, but shall not apply ifthe customer refused service that was not at the re- quested service location as agreed. In the latter case, tile franchisee shall leave written notice to the subscriber of its effort to provide service. b.Excluding conditions t;eyond the con- trol of the franchisee, the franchisee will make a bona fide effort to correct (al service interruptions no later than within 24 hours after the interruptitm becomes known and (b) system inter- ruptions within four hours after the in- terruption becomes known if between the hours of 6:00 a.m. to 12:00 mid- night. If a system interruption is re- ported after 10:00 p.m., this require- ment applies be~4nning at 8:00 a.m. tile next da)'. The franchisee must begin ac- tions to correct other service problems the next business day after notification of the service problem. For each viola- tion of this section, each subscriber who does not receive service as provided Supp. No. 1 CD30:28 ('ABi.E CO.',I M UNICATION.% d. herein may request a credit of $10.00 per incident in the next billing cych' but not il'/i) tile customer refused ser- vice, (2) the customer was not at home or (3) the franchisee determines that the request is not a valid m~e as sup- ported by the sum'ice records. In the case of a customer not being at hom~', the franchisee shall leave written tice to the subscriber of its effort to rect sec'ice. The appointment window alternatives for installatim~s, sec'ice calls and oth- er installation activities will be either a specific time or, at maximum, a four- hour time block (a.m. or p.m.) during normal business hours. (The franchi- see may schedule service calls and oth- er installation actMties outside of n,r- real business hours at the expre,s convenience of the customer.) A fran- chisee may not cancel an appointment with a customer after the close of busi- ness on the business day prior to a scheduled appointment. For such vio- lation of this subsection c., each sub- scriber who does not receive sec,'ice as provided herein may request a credit ~f $10.00 per h~cid-nt in the next bill- ing cycle but not if {1) the customer refused service. 12~ the customer v.'ns not at home or (3, the franchisee deter- ~nines that the request is not a valid one as supported by sec'ice records, tn the case of a customer not being at home, the franchisee shall leave a writ- ten notice at the subscribers's home its eflbrt to provide service, l[owe,.'er, calls on which subscribers were at fault will not be eligible fl}r this credit documented in service records. If a franchisee representative is run- ning late for an appointment with a customer and will not be able to keep the appointment as scheduled, the cus- t,mer will be contacted. The franchi- see will make a bona fide attempt to reassign the appointment to anmher agent or employee prior to canceling an appointment. 'file appointnmnt will be reschcduled, as necessary, at a time which is convenient fl)r the customer. For each violation of this subsection d.. r, ach subscriber who does not receive sec'ice as provided herein may request a credit of $10.00 per incident in the next billing cycle but not if(l'~ the cus- tomer refused sec'ice, (2~ the oust,mcr was not at home or (3) the franchise,.~ determines that the request is not a valid one as supported hy service records. In the case of a custamer not being at home, the franchisep shall leave a written notice at the subscrib- er's home of its effort to provide vice. ttowever, calls on which subscrib- ers were at fault will not be eligible for this credit as documented in survice FPCOF(]S. If there is evidence of non-compliance with customer credits as provided in this sec- ticm, upon request by the county, each fran- chisee shall provide the county manager's office a monthly repo~ of non-compliance with requirements of this section and re- suiting credits. This repom shall be pr.vid- ed t~) the county manager by the 20th of ~,:~ch month following th,~ rc, p~rt~ng The franchisee shall provide written mation on each of the tbllowing areas at the time of installation of service, ar least nually to all subscribers, and at anv other time upon roque:;t: 11) product and ser'.'ic- es. ~2) prices and f~pthms f~)r ~,rvices and conditiCms of subscripti~m programming and other services. ~:~ instal- lati,n and se~'ic~ maintenance policies. instructions m~ how to use the cable ser- vice. (5/channel lmsitions ,f pro~ranamin~: carried on the system and (6; biltin~ and complaint procedures, including the address and telephmm number of the local fran- chise authority's cable office. CusU~mers will be not',fied of any chain:es in rates, programming services ~}r channel Supp. No 1 CD30:29 3C § 30-55 COt,L1ER COUNTY CODE (3) (4) (5) (h) (1) (2) positions, as soon as possible through an- nouncements on the cable system and in writing to each customer. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the franchisee. In ad- dition, the franchisee shall notify subscrib- ers 30 days in advance for any significant changes in the other information required in the preceding paragraph. Bills will be clear, concise and understand- able. Bills must be fully itemized, with item- ization including, but not limited to, basic and service tiers and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. In the case of a billing dispute, the franchi- see must respond to a written complaint from a subscriber within ten days after re- ceipt at the local franchisee's office. Refund checks will be issued promptly, but no later than either (a) the customer's next billing cycle following the resolution of the request or 30 days, whichever is earlier, or (b) the date of return of the equipment sup- plied by the franchisee if service is termi- nated. Credits fi)r sera'ice will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. Privacy/use of data. The franchisee shall comply with all feder- al and state laws regarding the collection and storing of individual subscriber infi~r- tnation. The county or the franchi.,ee shall not, with- out prior valid written authorization from each subscriber so affected, provide any data identifying subscriber's name or address to any person except as provided by law and pursuant to procedures established by state and federal law. (3) No authorization fi~r procurement or dis- semination of subscriber-identifiable infor- mation or data shall be valid unless it does the following: a. Specifies the type or types of informa- tion or data covered; and b. Identifies the parties authorized to col- lect, receive, store, record, transmit or otherwise convey this information or data. All authorizations shall specie' tile maxi- mum period of time that any subscriber- identifiable information or data shall be pre- served in any manner or form. ('D Awritten copy of all subscriber-identifiable information or data which is retained and/ or disclosed and the disposition of this in- formation or data, together with any expla- · nation necessao' to make it understandable to the subscriber, shall be provided to the affected subset/bet within 30 days of pro- curement except that information which is necessao' for purposes of billing the sub- scriber or keeping the subscriber informed of programming. Further disclosure shall be fully detailed in writing to the affected subscriber within 30 days of such disclo- sure. ( i ) Miscetla n cot.,.,;. (I} The franchisee shall grant pro-rated cred- its upon request by subscribers experienc- ing outages for more than 2-t hours. The credit shall be retroactive to the be~nning of the outage. /2) Any of the customer sera'ice standards may be waived by the county manager's office for no-competitive (overbuilt) systems of small size if found to be impractical when comparing costs versus subscriber benefits. (i) Interest on subscriber deposits. If and when the franchisee collects deposits from its subscrib- ers, it shall pay interest at an annual rate equal to the legal rate pursuant to Florida Statutes on any deposit of $100.00 or more as required of a subscriber. The franchisee may elect to pay such interest annually in the form of credits to sub- scriber accounts. (Ord. No. 88-90, § 30; Ord. No. 94-12, § 4) Supp. No. 1 CD30:30 3C CABLE COblM UNICATIONS Sec. 30-55.1. Rate regulation. The county may, in its sole discretion, rog'elate cable television rates pursuant to the provisions of the Federal Cable Act then in effect and tile rules, regulations, and orders of the Federal Com- munications Commission as they may be amend- ed or superseded from time to time. (Ord. No. 94-12, § 5) Sec. 30-56. General penalties. Any person violating any of tile provisions of this article, upon conviction thereof, shall be pun- ished by a fine not exceeding .5500.00 fl~r each offense, or by impr/sonment for a term not to ex- ceed 60 days, or by both such fine or imprison- ment within the discretion of the courts. (1) It shall be unlawful for any person to make any unauthorized connection, whether phys- icall?; electrically, acousticall>; inductively or otherwise, with any part of a franchised CATV system within the unincorporated area of the county for the purpose of en- abling himselfor others to receive any tele- vision sigmal, radio sig'nal, pictures, pro- grams or sound. (21 It shall be unlawful for any person, without consent of the owner, to willfully tamper with, remove or vandalize any cables, wire or equipment used fi)r the distribution of television sigmnls, radio sig-nals, pictures, programs or sound. (Ord. No. 88-90, § 31) State Iow references---Penalty for ordinance v:olations. ES. § 125.69: trespass and larceny with re!ation to uti!ity fixtures. F.S. { 812.14; unauthorized reception of ca!:[e televi- sion services. F.$. § 812.15. Sec. 30-57. Subsequent action by state or federal authorities. Should the state, the FCC or any other agency of the federal government subsequently require the franchisee to perform any act which is incon- sistent with any of the provisions of this article or cease to perform any act required bv this article, the franchisee shall so noti~' the county. Upon receipt of such notification, the count>' shall de- termine if a material provision of this article is affected. Upon such determination, the county and thc franchisee shall have tile right to nmdify, amend, delete or othe~vise change any of the pro- visions of this article to such reasonable extent as may be necessary to carry out the full intent and purpose of this article. In the event that the coun- ty does not make such modification, the frnnchi- see agrees to continue to conform to the provi- sions of this article until such time as it is prohibited from doing so by operation of law. The count>' and the franchisee may amend the license grnnted hereunder in the event the county or tile franchisee determines that substantial and ,nnte- rial compliance with the origqnal terms oft}lis ar- ticle has been frustrated by any such state, coun- ty or federal requirement. (Ord. No. 88-90, § 32~ Sec. :/0-58. Personal liability of county offi- cials. Any officer or empl,~yee charged with the en- forcement or administration of this article, acting for the applicable gove:-ning body in the discharge of his duties, shall not thereby render himself li- able personally; and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as n result of any act re- quired or permitted in the discharge of }lis duties. Any suit brought against any officer or employee because of such authorized act perfl~rmed by him in tile enfurcement of any prevision of this article shall be defended by the count3' or its representa- tives until the final termination of the proceed- lags. (Ord. No. 88-90, § 33i Sec. 30-59. I~.eview of orders and decisions. Any person aggTieved by any nonlegislativo or- der or decision of the board shall have the right to petition the board for a rehearing and reconsider- ation of any order, regulation or decision. Such petition must be filed within ten days f~fllowing the rendition of such order, regulation or decision. The effect of the filing ora petition for a rehearin,g shall operate to stay th,: order or decision sought to be reviewed until the petition is disposed of. If a petition fl)r rehearing has been denied, such ag- ?rieved party may have such order or ttecisi~m reviewed by certiorari to the county circuit court or by such other proceedings as may be prescribed Supp. No. I CD30:31 § 30-59 COLLIER COUNTY CODE by court rules, within 30 days after the disposi- tion of their petition for rehea,-ing. The proceed- ings before the board shall be deemed quasijudi- cial in nature, and such review shall be limited to the record made before the board. (Ord. No. 88-90, § 3.1) Sec. 30-60. Superseding of agreements. This article will govern all actNfities of cable television franchisees in the unincorporated areas of the county to the extent that such activities may be regulated. Franchise agTeement provi- sions will govern any activities of the parties not specifically regulated by this article. In the event an inconsistency exists between provisions of a franchise agreement existing prior to the enact- ment of this article [November 15, 1988] and the pro~qsions of this article, this article shall control. (Ord. No. 88-90, § 3.5) Sec. 30-63. County's right of intervention. The county hereby reserves to itself at its own expense, and the franchisee acknowledges the county's fight to intervene in any suit, action or proceeding involving the franchise granted here- under or any provision in this article. (Ord. No. 88-90, § 38) Sec. 30-61. Amendments. This article may be amended at any time by a majority vote of the properly constituted board, pro~qded that the board shall hold a public hear- ing for such purpose and afford all interested per- sons an opportunity to be heard with respect to such amendment. The county administrator shall submit notice of the public hearing anti proposed amendments to each franchisee in writing at least 30 days prior to said public hearing. This reser- vation of authority includes the right to reimpose rate regulations at such future date as it may be deemed necessary by the board if current federal laws allow such regulation. (Ord. No, 88-90, § 36) Sec. 30-62. Rights and remedies cumulative. The fights and remedies set forth in this article are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the parties may have with respect to the subject matter of this article, and a waiver thereof at any · time shall not affect any other time. (Ord. No. 88-90, § 37) Supp. No. 1 CD30:32 ASSIGNMENT 5IEDIA ONE ENTERPRISES, INC. CABLE FRANCHISE AGREEMENT COLLIER COUNTY TO THE CITY OF MARCO ISLAND Collier County ("Thc County") and McdiaOnc Enterprises. Inc. (thc "Franchisee") entered into a Cable Television Franchise Agreement ("thc Original Agreement") effective on August 5, 1997. A copy of that Original Agreement is attached hereto as Exhibit"A". Since the inception of the Original Agreement, the City of Marco Island ("tile City") has been incorporated. The County desires to assign to thc City that part of the original frar~chised area served by the Original Agreement, that is no,.,.' within tlao City ("Marco Island Franchise Area") at which time the City ,,,.'ill stand in the shoes of the County as to all geographic areas within thc Marco Island Franchise Area to which the Original Agreement now applies. The City and the Franchisee hereby accept the Assignment. This Assignment operates as a complete novation between the County and the City as to the area being assigned. The County has no secondary liability to the City or to the Franchisee under thc Original Agreement being assigned. This Assignment does not affect any geographic area except the Marco Island Franchise Area. Except as expressly amended beloxv, the Original Agreement is and shall be unaffected by this Assignment. Thc effective date of this Assignment shall be xvhen this Agreement is signed by the last party to sign, which is 1999. , ~// The Original Agreement is written from the perspective of the County and the Franchisee. Because the City's position ,:is-a-vis the Franchisee is not in every respect identical to the County's perspective, thc Original Agreement now being assigned is amended as £ollows: Section 2 is amended to add a new definition. "City" shall mean "the City of Marco Island." Except in Definitions 2.16 and 2.19 and in Section 12: throughout the Franchise the words "County" or "Grantor" shall mean "City"; and "County's" shall mean "City's." In Definition 2.9: "County Commission" shall mean "the City Council." In Section 2.15 tile words "... within tile County..." shall mean "... within the Grantee's franchise area as franchised by the City...". Section 3 (Franchise Territory): the words "... described as Collier County..." are amended to read: "... describect as all geographic areas within the municipal boundaries of the City...". Section 4.3 is amended to read: This Franchise expires at midnight on August 5, 2012. In Section 6: All references to "administration" refer to administration by the City. In subsection 9. I' "C'ounty Commission" shall mcan "City' Council." Section 12.1.2 of the Original Agreement does not apply to the City. The Franchisee's obligations to the County under Section 31 and Section 12 shall continue to apply as if the City has not been incorporated and there has been no Assignment. The County and the City are free to negotiate between themselves as to the County making accommodations to the City with regard to shared use of access channels. The Franchisee by executing this assignment, has no obligations to the City with respect to Public, Educational, or Governmental Access Channels. The Franchisee will cooperate with regard to such accommodations but assumes no specific additional obligations thereto to either the County or the City. Add to Section 19 (Address): "Ifto tile City: City Manager 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145" 10. 11. In subsection 32.1' after "tburth anniversary" insert ("August 5, 2001"). ~ Attached to this Assignment ils Exhibit and made a part hereof, is a true copy of Chapter 30 of the Collier County Code of Laws and Ordinances (the san.te being Collier County Ordinance No. 88-90), as amended on thc effective date of this Assignment. Until midnight on August 5. 2012, thc City shall administer this Francllisc in accordance with the now existing text of that Ordinance. No text in tile Ordinance (Exhibit B, attached) shall be changed by the City without thc prior expressed written agreement of thc Franchisee EXCEPT to thc extent, if any, that changes to tllat Ordinance are hereafter mandated by application of future changes to controlling lax,,' of thc United States or of thc ,State of Florida. The City has adopted City Ordinance No. 98-1 I. which shall [.tot apply to this Franchise, as assigned, except to the extent, if any, that the Franchisee may hereafter expressly agree in writing to llaving that Ordinance, as nlay then bo amcndccl, apply to thc Franchisee. ~.. The Franchisee pays franchise fees quarterly. In February of 1999, thc County will rccci,,'c the franchise fees for thc fourth quarter of 1998. Not later than thirty (30) days of its receipt of those fees from thc Franchisee. the County ,,,,'ill remit to the City all applicable ffranchise fees for the geographic area in tile City covered by this Franchise. as assigned, rcnlittcd to the.County for service from Novcnlbcr 3, 1998 through December 31,1998. For service rendered in that franchised area commencing on January 1,1999, ttae Francl.tisee shall remit those franchise fees and all subsequent franchisee Fees directly to tile City. C t CF ~M · ~ r ~ . IfthcCity' should expand its municipal boundaries, the area included with tile City's ti,ten changed municipal boundaries shall be covered by the City's Franchise Agreement (now being assigned), and 12. 13. all such added area, by inclusion into thc City's Agreement. shall thereby automatically anti concttrrcntly bc excluded from thc County's Franchise Agreement with the Franchisee. In thc event tine City should delete area from within its municipal boundaries, all such deleted area shall thereby automatically and concurrcntlv be excluded t¥om tine City's Francinisc Agreement (now being assigned) and shall concurrently and atttomatically be included into tine County's ttmn existing Franchise Agreement with the Franchisee. · 1 T x/ · ' - . Ifthe City should be dissolved (Section 165.051, F.S., et sec.) before August 6. 2012, (sec paragrapln 3 above) thc Franclnise (now being assigned) slmll thereby automatically dissolve and all geographic areas then covered by tim City's Franchise A. grccment slmll aulonaatically and concurrently revert to and be included within the County's then existing Franchise ,,\grcement with the Franchisee. 'Finis Assignment stroll not be amended except by written agreement executed by tine City, the County, and tlm then [:ranclnisec. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID,,\ Dwigtnt E. Brock, Clerk ,' ; ,,, ) i , / Deputy Cl'~rk .'.;:/?~ , Pamela S. Mac'Kie, Chairwoman ,,\pprovcd :ts to form and legal sufticicncy Thonias C. Palmer Assistant County Attorney W ~ ¥' · - C lin Y STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Assignment was acknowledged before me this/_~_~ da>' of __, 1999, by Pamela S. Mac'Kie, Cbai~voman of'tile Board of County Commissioners of Collier County. She is personally known to mc. Serial No.: My Commission expires: ATTEST: City Clerk Approved as to fom~ and legal sufficiency City Attorney CITY OF NIARCO ISLAND, A FLORIDA MUNICIPAL CORPORATION David Brandt, Chairman Ttje foregoin~ Assignment was acknowledt~ed before me this/_~dav of' ~~.a2~* 1999, bv David grandt,'-as Chaim~an of the City of k]arco Island. tie is personall~nown to me. Print Name: ~~~ 11 Serial No.: ..... My Commission: expires: ATTEST: / Witness Witness MediaOne Enterprises, Inc. By: Kbnneth D. Denman Senior Vice President (L. S.) ~. ' W : G N - N' ' - N' The forcgoing Assignment was acknowledged before mc this l' 5 day of t'" ~, :~ ',_re_Z_-, 1929, by Kenneth D. Denman, Senior Vice President of McdiaOne ~2nterpriscs, Inc., a Delaware Corporation. who is personally known to me. NOTARY PUBLIC Print Name: ';'/, ~ , ;,~ " Serial No.: My Commission cxpircs: i OF HCIAI, Nt,ri'A?[Y S F-A L CAROI,YX IVINS NOTARY PUBI.1C s-r,\TE OI: 51.0RIDA COMMISSION NO. CC7, 0&442 MY C(,~MMIqqIO?4 EXI'. IAN. 11,7~2 -end- ASSIGNMENT MEDIA ONE ENTERPRISES, INC. CABI.E I:RANCIIlSE AGREEMENT COLI.IER COUNTY TO TIlE CITY OF 5IARCO ISLAND EXHIBIT "A" State of Florida- Collier County CABLE TELEVISION FRANCHISE AGREEMENT This Cable Television Franchise Agreement entered into this 29~ day of July, 1997 by and between Collier County, a political subdivision of the Slate of Florida and McdiaOne Enterprises, Inc., a Rhode Island Corporation, hereinafter referred to ,as "Gr,'mtcc". WITNESSETIt: WltEREAS, thc County of Collier, hereinafter referred to ms "County" or "Grantor", desires to ussurc thc widespread availability of Cable Services within the County to promote commerce and otherwise further thc public interest; WIIEREAS, thc County is thc owner of'certain public Rights-of-Way WIIEREAS, Ibc County has, following reasonable notice, and after consideration, analysis and deliberation conducted full public proceedings, during which proceedings thc technical ability, financial comlition, legal qualification and general character of Grantee wcrc determined acceptable to receive a renewal of its franchise; WIIEREAS, Grantee is currently Furnishing Cable Service in thc County pursuant to three franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee desires to replace these existing franchises and from this point forward to be recognized as one (1) franchise with an expiration date of 15 years from date of acccptancc by Grantee. WtiEREAS, certain provisions contained in Chapter 30 of thc Collier County Code (thc Master Ordinance) should be waived in renewing these fr,'mchiscs; WtlEREAS, thc County has also considered and analyzed thc plans of Grantee for thc construction and opcration of its Cablc System and found thc samc to be adequate and feasible in view of thc needs and requirements of thc area to be scrvcd by thc respective Cable System; WIIEREAS, thc County has determined that it is in thc best interest of and consistent with thc public convenience and necessity of its residents to grant a franchise to Grantee to operate a Cable System within thc specified franchise arco within Collier County and on thc terms and conditions hereinafter set forth; and, WIIEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along porlions of thc County's right-of-way. 07/29/97 t '3 C W II EREAS, Pursuant to thc procedures in the Cable Act, Section 166.046,Florida Statute, and Chapter 30 § 28(0(1) of the Collier County Code, the Grantor has held a public hearing where the following issues related to granting a cable television franchise to Grantee were considered: ti) the economic impact upon private property within the County; (ii) the public need for such franchise; (iii) the capacity of public Rights-of-Way to accommodate the cable system; (iv) the present and future usc of the public Rights-of-Way to be used by thc cable system; tv) the potcntial disn, ption to existing users of thc public rights-of-way to be uscd by tile cable system and the resultant inconvenience which may occur to thc public; (vi) the financial ability of the franchise applicant to pcrfoml; (vii) thc experience of the applicant in thc erection, operation and maintenance of a CATV system, (viii) technical quality and completeness of the proposed plan for opcration of thc cable system, (ix) the legal, character, financial, technical and other qualifications ncccssao' to construct, own and operate a cable television system, and tx) other socictal interests as are gcncrally considered in cable television franchising. Thc Grantor has detcrmined that the Grantcc has provided Cable Se~'icc under tile thrcc current franchises in a satisfactory fiishion justifying rcncwal of such franchises. Thc Grantor has dctcmfincd to renew a cable television franchise to MediaOnc Enterprises, Inc. on the tcnns and conditions set forth in this Agreement. NOW, TtlEREFOI~,E, the parlics agree as follows: Section 1. Findings The aforcstatcd recitals are incorporated in their entirety hcrcin. Section 2. l)efinitions For tile puqmscs of this Franchisc, tile following terms, phrases, words, and abbreviations shall have thc meaning given herein. When not inconsistent with thc context, words used in thc present tense include tile future tense, words in the plural include the singular, and words in a particular gender shall inchldc each of the other gender. Tile words "shall" and "must" arc always mandatory and not mcrely directory. 2.1 "Access" shall mcan thc availability of thc Cable System for usc hy various local governmental agencies, including the County and the County's schools to acquire, create and distribute programming not under the Grantee's editorial control, including: 2.1.1 "Educational Access" shall mcan access whcrc schools arc thc primary or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mcan access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; 07/29/97 2 2.2 2.3 2.4 "Affiliate," when used in relation to any person, stroll mcan another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. "Basic Cable Service" or "Basic Service" shall mcan any service tier which includes the retransmission of local television broadcast signals and access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by thc Federal Communications Commission. "Cable Operator" shall mcan any person or group of persons: a) who provides Cable Service over a Cable Systcnl and directly or through one or more affiliates owns it significant interest in such Cable System, or h) xvho othcnvisc controls or is responsible for, through any ,-u-rangcmcnt, thc management and operation of such a Cable System under a Franchise with Collier County. 2.5 "Cable Service" shall mc:m: 2.7 2.6 a) thc one-way transmission to Subscribers of (a) video programnfing, or (b) other programming scmices, and, b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming sc~'iccs. "Cable System" means a facility, consisting of a set o f closed transmission paths and associated signal generation, reception, and control cquipmcnt that is designed to provide Cable Service which includes video programming and which is provided to multiple subscribers within a community, but such tcma docs not include: a) a facility that serves only to rctransmit the television signals of I or more television broadcast stations; b) a facility that serves subscribers without using any Rights-of-Way; c) a facility ora common carrier which is subject, in whole or in part, to the provisions of Thc Communications Act of 1934, as amended, except that such facility shall be considered a Cable System (other than for purposcs el' Section 621 (c)) to thc extent such facility is used in thc tr:msmission of video programming directly to Subscribers. "Channel" shall mcan a 6 Mltz band of analog frequencies, or h~ture encoding st~mdarcl, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrying thc equivalent signal or signals), and includes uses of all or any portion of such band of frequencies for digital video/television signals. 07/29/97 3 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 "County" shall mcan thc Collier County, Florida, or thc area within thc present county limits or as such limits may be changed. "County Commission" shall mcan tile Board of County Commissioners of Collier County, Florida. "Customer Service Standards" shall mean those stm~dards adopted by the FCC and thc County (to the extent not inconsistent with those of thc FCC), which govern thc manner in which Grantee interacts with tile public ;md its customers. "FCC" shall mcan lt~c Federal Communications Commission or any successor agency. "Franchise" shall mcan an initial authorization, or renewal Ibcrcof, (including a renewal of an authorization which has been granted subject to 47 U.S.C.§ 546 ), issued by the County, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes tile construction or operation of a Cable System but neither supersedes nor takes the place of any license, license fee or permit authorization which might otherwise be required for the privilege of transacting business within IbC County. "Franchise Fee" shall mean an almual fcc of five percent (5%) of Grantee's Gross Revenues paid for thc usc and occupation oF the County's Rights-of-Way and for other purposes. "Grantee" or "Franchisee" or "Company" shall mcan thc person, finn, or corporation to whom a Franchise, as herein above defined, is granted by thc County and any lawful successor, transferee or assignee of said person, firm, or corporation. "Gross Revenues" shall mcan all revenues collcctcd by Ibc Grantee directly or indirectly from thc sale of cable tclcvision video or audio progrmnming services, video tcch services, and vidco games provided by Grantee v,'ithin the County, specifically dcrivcd from Subscribcrs located v,'ithin the County. a) Such revenues include, but arc not limilcd Io Cable Sctw'icc fees charged tor: I ) any video and / or audio program scp,'icc; 2) installation, disconnection, rcconncction or service maintenance agreements; 3) equipment rental; 4) Access or leased video channels; 5) advertising sold by thc Grantee, either directly or indirectly, and 6) home shopping services. Thc sum of the afi)rcmcntioncd Section 2.15A shall be tile basis It>r calculating tile Franchise Fcc imposed pursuant to Section 6 herein. 07/29/97 4 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 b) Such revenues do not include those derived from: 1) Other Communication Services; 2) signal carriage (e.g. marketing co-op dollars, launch dollars and rctransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (c.g. customer tcmlinal devices); 6) any sales, excise or other t,'tx collected by Grantee on bchalf of m~y governmental unit; 7) reimbursements for expenses (e.g., returned check fees and copy expenses); 8) items excluded by l.ocal, State or Federal Law; or 9) local TV production and / or related program revenue. "Institutional bletwork or I-Net" shall mcan a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned fimilitics and not for residential cable Subscribers. "Other Communications Service" shall mcan in£ormation audio, video, data, telephony, lntcrnct access, text scr¥icc, clcctronic communication (e-mail), or any other lawful scrvicc that Cable Operator makes available for purchase by Subscribers, "Persou" shall mcan an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity, "Public Buildings" shall lllCall publicly supported K-12 schools, l:ederal, State, County, govcrnmcnt owned or Icmscd buildings or parts of buildings which are occupied by County cmplcyccs for the sole usc ofconducting County Busincss, "Educational, or Government:d Access Facilities" shall mctm a channel capacity dcsignalcd for educational or govcrnmcnt usc. "Public Way" or "t,',ights-Of-Way" shall include tile surfi~c¢, tile air space abovc thc surface, and thc area below thc surfimc of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways, grccnways, utility casements, and other public property now or hereafter held by the County or tile State which shall entitle tile County and the Grantee to the use thereof for thc purposc of installing and maintaining thc Grantee's Cable System. No rcfcrcncc hcrcin, or in any franchise, to thc "public way" shall be decreed to be a representation or guarantee by thc County that its title to any property is sufficient to permit its usc fi)r such purpose, and tile Grantee shall, by its usc of such terms, be deemed to gain only .such rights to usc property in thc Cotinty as thc County may havc tile un(lisputcd right and power to give tlr :ts granted by Federal or State Law. "Reason able Notification" shall mean fourteen (14) business days for all non financial related matters amt thirty (30) business clays for financial matters. "Subscriber" shall mcan any person or cntity lawflflly receiving any portion of the Cable Service of Grantee pursuant to this Franchise. 07/29/97 5 2.24 "Service Tier" shall mcan a category of Cable Service or Other Communications services provided by a Cable Operator and for which a separate rate is charged by the Cable Operator. Section 3. Franchise Territory Thc non-exclusive cable television franchise granted under this Section shall include the geographic area described ,as Collier County, and the specific Public Ways necessary to such areas. selwc Section 4. Nature and Terms of Grant 4.1 Grantor does hereby convey to tile Grantee a non-exclusive franchise to construct and opcratc a Cable System, using owned and / or leased facilities, which may be located in the County Rights-of-Way. 4.2 Notwithstanding, Section 4.1, Grantee may, in its sole discretion, elect to lease, for example, fiber optic, coaxial and multi-pair cable and other cable communication facilitics or program sc~'iccs From other County franchised providers of Cable Service to support the opcFation of its Cable Systcm. 4.3 Notwithstanding the rcquircmcnts of current Collier County Code, Section 30-28 (g), thc franchise granted herein shall nm for a tcnn offiflccn (15) years commencing upon acceptance by Grantee. Thc rcncwal application submitted with a $5,000 check mccts ,any and all financial obligations to satisfy Grantor's renewal process of this Franchise Agreement. 4.4 Public Rights-of-Way usc conditions. 4.4.1 All fi~cilitics shall be constructed, installed and located in accordance ~vith the following terms and conditions: 4.4.2 The Grantor requires, at no cost to the County, thc Grantee to locate its cable television facililics when the Grantor intends to conduct excavation projects. The Grantor shall be responsible for damage to cable television facilities caused by the negligent or intcntional acts of its employees or agents. 4.4.3 07/29/97 The Grantor reserves tile right, upon reasonable notice, to require the Grantee at its expense Io protect, support, temporarily disconnect, relocate or remove from the County's Rights-of-Way or streets, any property of the Grantee by reason of traffic conditions, public safety, street construction, real or planned excavation, change or establishment of street grade, installation or planned installation of 6 4.5 sewers, drains, water pipes, power and / or communication lines, tracts, or other types of structure or improvements by governmental agencies or any other structures proposed for public improvement. Reasonable nolicc for this provision shall be in writing and shall be delivered to thc Grantee at least ninety (90) days prior lo thc commencement of initial cxcaw~tion, except in tim case of emergencies where no specific notice period shall bc required. Thc Grantor shall endeavor to notify and scck comment from the Grantee with respect to minimizing disnlplion to thc Cable System, where public works projccts may affect tim Grantee's Cable System. 4.4.4 Whcncvcr a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities offthe Right-of-Way and shall make every effort to locale its tclccommunications facilities within thc public way before seeking pr/vale easements within thc County. Thc Grantee, at no cost to tim County or the SI:tlc, shall relocate its facilities and appliances which arc in conflict with County projects lo upgrade or construct roadways. 4.4.5 Thc Gr:mlcc shall loc:tlc, place :md construct ils telecommunications f'acililics so :ts not to unreasonably or intentionally interfere with thc construction, location and maintenance ofscwcr and / or water mains, lines, or connections. The Graa~tcc shall lake appropriate preventative mctksurcs to protect existing facilities within ibc Rights-of-Way. 4.4.6 Grantcc shall restore and replace landscaped areas, pavcmcnl, pedestrian Iigh~ing, sidewalks, curbs, gutters or olhcr facilities damaged by Ibc Grantcc and or ils contractors with like material to their fenner condition at thc Grm~tee's cxpcnse, and shall thereafter, from time to time, but no longer than one (1) year from thc completion of thc job, rcadjust, fill and finish tl~c same as may be ncccss',try duc to settling el'thc earth associated with thc Grantcc's disruption of the Public Way. 4.4.7 Thc Grantee shall adhere to alt Federal, State and l.ocal l.aws, rules and regulations regarding the location, construction, and mairdcnancc of its Cablc Systcm fimilitics within thc Rights-of-Way. All franchisees arc rcquircd to obtain construction pcrnfits for cable systcm fimilitics to be installed in Rights-of-Way. 4.6 Thc Grm~tcc shall, subject to commercial practicability, make its cable tclcvision sc~'iccs available to any customer within its service area who shall rcqucst such scr,,'icc, without discrimination as to the terms, conditions, rates or charges for Granlce's services; provided, however, that nothing in this Scction shall prohibit a franchisee from making reasonable classifications among diffcrcntly situated customer groups. The Grantee rcscr¥cs thc right to deny new service or to tcnninatc current service to 07/29/97 '~ 4.7 4.8 customers who obtain the service in manners not authorized by thc Grantee, who have a history of multiple failures to make timely paymenls. The Grantee shall make its Cable Service available to Subscribers in thc County at rates that comply with FCC guidelines. Interconncction of Cable Systems 4.8.1 The Grantee shall have thc capability to be interconnected with other adjacent Cable Systems. At a minimum, thc Cable System shall bc capable of interconnecting government access channel (s) programming to other adjacent Cable Systems. 4.8.2 The Grantor may request the Grantee to negotiate intcrconncction of the government access channels (s) with other adjacent Cable Systems in thc general area. 4.8.3 Grantee shall comply with State and Federal I.aw regarding inlcrconncction of its facili*ics wilb other Cable Systems. Section 5. Customer Service Standards County bas dctcmfined that it is in tile best interest of its residents and consistent with thc public convenience and necessity to adopt Customer Service Standards for thc provision of Cable Service by thc Grantee. 'l'bc Grantee shall operate its Cable System in a re:tuner consistent with thc County's Consumer Prolection Provisions, current Collier County Code, Chapter 30 .,} 55, to the extent that such provisions arc not inconsistent with those of thc FCC. Section 6. Compensation, Auditing and Other Payments 6.1 Grantee shall pay the County throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 All such payments of Franchise Fees shall bc made payable lo Ibc Office of Franchise Administration quartcrly in accordance with current Collier County Code, Chapter 30- 28(k)(21, for the preceding period payable within sixty (60) calendar days aftcr the end of tile calcndar quarter for which thc paymcnt is made. Franchise Fcc payments shall be accompanied by a quarterly report itemizing and setting forth the revenues / rcccipts and showing tile calculation of thc payment due for thc preceding period. 6.3 Thc payment of thc Franchise Fcc by thc Grantee is for thc right to construct and operate its Cable System, as defined herein, within thc Grantor's Rights-of-Way and is in lieu of a Rigbls-of-Way use or encroachment fee. 07/29/97 8 6.4 6.5 6.6 6.7 Thc Grantor, on an annual basis, shall bc furnished a statcrncnt within ninety (90) days of thc close of thc calendar year, certified by an official of thc franchisee responsible for thc Cable System's financial statements, reflecting thc total amounts of Gross Rcvcnucs as defined herein, and all payments, and computations for thc previous calcndar year. Upon ten (10) {lays prior written notice, the Grantor shall have the right to conduct an independent audit of Gr;mtce's records. Thc Grantor shall have tile right lo audit a Grantee's fiscal and financial records, and to rccomputc any amounts that are payable under Section 6 by the Grantee for a period of twenty-four (24) months after receipt thereof, after which payments shall be final. Any additional amounts due thc Grantor as a result of thc audit shall bc paid within sixty (60) days following written no{icc to tile Grantee by the Grantor of thc tmdcrpaynmnt, which notice shall include a copy of tile audit. If, alqcr resolving any dispute arising from such audit, Grantee has made a Franchise Fcc underpaymcnt of ten percent (10%) or more, thc Grantcc shall assume all reasonable costs of such audit. In other events, thc Grantor shall bear all costs and ['ces associated with any such audit. All Grantee's books and records concerning its Gross Revenues and its calculation of payments to tile Grantor, shall be available for inspection by an appropriate officer of the Grantor, or its designee, at rcasonablc lin'ms to determine tlm amount of compensation duc to thc Grantor from Grantee under this Franchise. Such records shall bc kept so as to accurately show thc same. Grantee shall prepare and make availablc to the Grantor at times reasonably rcqucstcd by thc Grantor and in thc form prcscribcd by thc Grantor after consultation with the Grantee, such rcports with respect to its Cable System and tile Gross Revenues dcrivcd thcrcfrom, as thc Grantor may deem reasonably ncccssary or appropriate. In thc cvcnt Grantee makes an under payment or in thc cvcnt Grantcc fails to makc any payment on or before tile date it is duc, Grantee shall pay interest at a rate of one pcrccnt (1%) per month on any such under payment and/or late payrncnt. Intcrcst shall llOt accrue, with respect to undcr paymcnts, until such time that thc Grantee is notified about any alleged underpayment by thc Grantor. Consistent with federal requirements, thc Grantee shall file no lcss frequently than annually any tart frs, amendments, or modi fica{ions affecting thc sale of its services and subscriber tcnninal cquip~ncnt and shall provide wriltcn notification to tile Grantor within thirty (30) days of any proposed changes. Thc Grantee shall also make available to thc Grantor copies of all filings, reports and petitions to local, state, or federal regulatory agencies. 07/29/97 9 2, O Section 7. Franchise - Not Exclusive This Franchise shall bc non exclusive. The Grantor reserves the right to grant franchises to other persons at any time or to contract with any other person for the use of thc County Rights-of Way or property for the operation of other Cable Systems. If Grantor grants or modi ties any overlapping cable television service franchise within its jurisdiction and the ten'ns and conditions imposed therein are less burdensome or more favorable than those required in any existing franchise, the Grantor shall concurrently modify all applicable existing franchise obligations to reflect such less burdensome or morc favorable tcnns and comtitions in thc franchised geographic area. Seclion 8. No-Waiver 8.1 Thc failure of thc Grantor, upon one or more occasions, to exercise a right or to rcquire compliance or performance undcr this Franchise or any other applicable law shall not bc deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has bccn spccifically waived in writing. 8.2 Waiver ora breach of this Franchise or any section of Chapter 30 of thc current Collier County Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor any provision hcrein shall constitute a waivcr or bar to thc exercise of any governmental right or power of the County. Section 9.1 9.2 9.3 9. Regulation The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Any failure by the Grantor to promptly enforce compliance with this Franchise in accordancc with Federal, State and Local laws and ordinances shall not relieve Gr:mtec of its obligation to comply with any provision of this Franchise. The Grantee's rights, without limitation upon thc County's regulatory authority, pursuant to the Communications Act of 1934, as amended, or any other subsequent Federal or State Law, shall not be abrogated or otherwise limited. Following reasonable notice, the County rcscrvcs thc right to inspect thc installation and maintenancc of thc Cable System. 9.4 The Grantee shall comply with all Federal, State and Local rcgulations, applicable to its Cable System, such as the National Electrical Code, National Electrical Safety Code, Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry 07/29/97 to Committee), traffic safety / l:me closure rules and constntction requirements promulgated by the County. Section 10. Cable System Design and Construction 10.I Grantee recognizes and hereby agrees to commit itself to compliance with all aspects of tile Social Contract and ~lle Social Contract Amendment. Grantor recognizes and accepts that Grantee will upgrade its Cable System in compliance with thc Social Contracl and tile Social Contract Amcadmcnt, itl all areas of the County where it is econondca~15 feasible. 10.2 The Grantee shall make available Ibc thc Grantor's inspection all hybrid fiber coaxial (I IFC) system design maps for Grantor's review. Said review will lake place on the premise of Grantee's place of business located within ,,he County. 10.3 Thc Grantee agrees lo salisfy all FCC technical requirements obligated for a cahlc system. Section I I. Continuing Tests 11.I Thc Grantee sh.dl perform all tests necessary to dcmonstralc compliance with tile requirements 47 CFR 76 subp;trt K. All tests shall be conducted in accordance with thc FCC's rules. 11.2 All construction maps will be made available for thc review of thc Grantor no less than ten (10) days prior to thc commcnccmcnl date of'the upgrade. Said review will lake place on the premises of Grantee's place of business located within tile C(mnty. "As built" maps are considered proprietary and shall be made available to thc Counly upon written request pursuant to an appropriate request for confidential treatment. Such maps should designate thc loc:,tion of Gra.ntce's facilities. Section 12. Government Access Provisions 12.1 Thc Grantee shall scl aside a total of two (2) channels of its Iransmission capacity for government access on the residential distribution system. The first of the txvo (2) channels is currently available. Thc second of thc two (2) channels will be made available to tile Grantor immediately upon its technical feasibility on, or before September 30, 1999, whichever comes first. Thc County is obligated to arrange with tile Collier County Public School System, and the Collier County Public School System only, for sharing tile channel (s). 07/29/97 07/29/97 12.1.1 12.1.2 12.1.3 12.1.4 12.1.5 Thc Grantor agrees ~o provide programming on the first of thc two (2) channcls to utilize fore, als limited to beta, ~,q inch, digital technology or fore, ars generally considered to be technologically more advanced. Specifically, the Grantor agrees to cease utilizing V: inch tape format ts) elTcctive July I, 1998, as a format from which programming will be cablcc~t. Thc Grantee agrees to pay thc Grantor a onc-tinlc donation of $145,000.00 for thc sole purpose of purchasing Iclcvision production related equipment to be used at the sole discretion of thc Grantor. Thc Grantor agrccs to provide and be responsible for all necessary maintcn:mce personnel, at its expense, to acquire and produce progr:mmling through lhc use of'such fac/lit[es. Thc Grantee will have no responsibility £or maintaining or securing exluipmcnt owned or operated by the Grantor or tim Collier County Public School System. Government access programming for the first of ~I~e two (2) channcls will be made available immediately by thc Grantor pursual~t to Section 12.1. Thc Grantee shall provide, without charge to the Grantor, signal transportation for tile first of two {2) government access chzmnels and shall be provided without charge to the Gr,'mtor from thc point of t3rigination (currcutty Third Floor, Collier County Administration Building, 3301 East T,'uniami Trail, Naples, Florida) to tile Gnmtcc's intcrconncction hub site located on Bonita Gnmd Road at thc norfl~wcst corner of Exit 18 of Interstate 75 for disthbution on the Granlec's Cable System originating From thc intcrconncction hub site. Government acccss signal tr,'msportatJon for thc second government access channel will be aL the sole cost (to construct and maintain) and expense of thc Granlor from the point of origination to the Grantee's prescribed intcrconncction hub site for distribution on thc Cable System to Collier County Subscribers. Should the Grantor successfully ncgotiatc with thc Collier County Public School System (and thc Collier County Public School System only) for thc usc of any of the Instructional Television Fixed Service (ITFS) channels. Grantee. agrees to contribute a one-time contribution of $3,125.00 per ITFS to go tow~ds the Grantor's expense ts) related to the installation and maintenance of said Instructional Television Fixed Service (1TFS) directing Grantor's (transmit) signal to Grantee's (receive) designated ITFS receive location locatcd on Boaita Grand Road at the northwest comer of Exit 18 of Inlcrslatc 75. Thc total of such contributions is subject to a maximum of $25,000 during thc tcnn of this Franchise Agreement. ]n thc event thc Grantor makes usc of thc Instructional Television Fixed Service (I']'FS) 12 technology, Grantor is responsible For all maintenance related to dclivcring and maintaining adequate signal quality to Iht Grantee's intcrconncction hub site location. 12.1.6 The Grantor shall be responsible for all programming cahlec:mt on said channel (s). 12.1.7 The Grantee shall not be responsible for progr,'m'tming cablccast on said channel (s). 12.2 The parties agree that any cost to the Grantee associated with providing these govemmcnt access channel (s) and / or relalcd setw'iccs, fitcilities, and equipment undcr this Franchise, including without limitalion, the amounts set forth herein arc not part of Ibc Franchise Fcc, amt fall within one or more of thc exceptions to 47 U.S.C § 542. Section 13. Institutional Network Provisions 13.1 Tile Grantor ant' thc Grantee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commcrcial communications by and between thc Grantor's owned or leased facilities may be desirable. When Grantee begins its rchuild process in tile County, written notification of this rebuild process will he provided to thc Grantor. Thc Grantor will have ninety (90) days from tile date of rebuild nolification to confirm Grantor's intcrcst to either lease or purchase fiber facilities from Grantee. Grantor ;md Grantee recognize that tile ninety (90) day period of time is a firm window of opportunity for Grantor to pursue an Institutional Network and must provide all ncccssm'y documentation to Grantee required by Grantee to proceed with lite project so Gr:mtcc may begin to administer thc Institutional Network projcct on behalfofthe Grantor. Should the Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse Grantee for all expenses (labor and material) incurred for thc placement and subsequent maintenance of said fibers at an amount not to exceed thc amount permissible by tile Federal Communication Commission (FCC). Grantor is responsible for mapping, designing and technical specifications as well ,',ts material specifications of Grantor's said Institutional Network needs. In the event thc Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lemqc said fibers at te,-ms and conditions acccptahlc to both Grantee, and Grantor. Tile construction and maintenance or lease of tile Institutional Nctwork will bc governed by a separate contract to bc negotiated itl good faith between tile Grantcc ,and Grantor upon notification from the Grantor that it plans to proceed ~vith the project and has dcvclopcd plans for utilization of thc Institutional Network. 07/29/97 13.2 13.3 Grantee agrees to work in a cooperative fashion with Gr,'mtor and its agents while tile Grantor designs and selects components necessary to implement its applications relative to the Institutional Network and, if Grantor request, Grantee shall furnish terminal equipment at Grantee's cost, provided that thc Grantee is reimbursed by the Gr,'mtor for said expenses at an amount not to exceed thc amount permissible by thc Federal Communications Commission (FCC). Thc panics acknowledge that the agreement regarding usage of thc Institutional Network is subject to all l.ocal, State, and Federal l. aw. To lhc extent permitted by la;,,', thc Grantor or public agency agrees to indemnify and hold harmless thc Grantee from and against any mid all claims, damages, liabilities, costs :md expenses, including reasonable attorney's fccs and costs directly related to the material undcr the Grantor's or public agency user's exclusive control carried oll thc Institutional Network, including but not limited to, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Section 14. Assignment 14.1 This Franchise or conlrol thereof shall not be transferred or assigned wifl~out thc prior wriltcn approval of thc Franchise Authority, which approval shall not he arbitrarily or unreasonably wiihhcld or delayed. 14.2 For purpose of this Scclion, a transfer or assignmcnt of this Franchise or control thcrcofbctwccn commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a tr,'msfcr or assignment. Control shall mcan majority (over 30%) voting control of the Franchisee. An affiliated company is one that directly or indirectly or through one or more intcm~cdiarics, controls, is conlrollcd by or is under common control with another person or entity. Section 15. Remedies 15.1 In addition to :my other rights set out elsewhere in this Franchise, and subject herein, lhc Grantor reserves thc right to declare a forfeiture of this Franchise, and all of Grantee's rights arising hereunder, in tile cvcn~ that: 15.1.1 Thc Grantee is found by a court ofcompetcnt jurisdiction to have violated any material provision of this Franchise; or 15.1.2 The Grantee is founti by a court of competent jurisdiction to have practiced any fraud or deceit upon tile Grantor. 07/29/97 15.2 The Grantor shall give Grantee thirly (30) days writlen notice of its intent to exercise its fights under this Section, slating the reasons for such action. If Grantee cures thc problem within thc thirty (30) days notice period, or if the Grantee initiates subst,'mtial effort to rcme:ty the stated problem and thc efforts continue in good faith, thcn thc Gr;mtor shall not have the right to declare a forfeiture of the Franchise. IfGrantee fails to cure the stated violation within the thirty (30) days notice period, or if the Grantee does not undertake efforts satisfi~ctory to thc Grantor to remedy the statcd violation, then the Grantor, upon rcasonablc notice, may impose any or all of thc remedies available hcrcirL Section 16. Expiration and Renewal Renewal of this Franchise shall he govcmcd by applicable State and Federal l.aw. Section 17. Confidential Information Grantee may idcntify information, such :ts trade secrets, submitted to tile Grantor as confidential. Grantee shall prominently mark any inf'ormation for which it claims confidentiality with thc word "Confidential" in letters at least one-half (½) inch in height, prior to submitting such infommtion to the Grantor. Grantee may request thc Grantor treat records containing trade secrets or proprietary infom~ation as confidential under Tile Florida Public Records I.aw. To the extent authorized by The Public P, ccords Law and other applicable State and Federal law, the Grantor shall maintain the confidentiality of information designated "proprielary" by the Grantee. Should the Grantor receive a request to review Grantee's records or books under the Florida Public Records I.aw, it will promptly notil"y Grantee and provide all opportunity for Grantee to raise an objection, demonstrate wily thc rcqucstcd informalion is proprietary and, if necessary, seek a court order to protect ils proprietary infommlion. Section 18. Forum for Liligation Any litigation bctxvccn thc Grantor and Grantee arising under or regarding this Franchise shall occur, if in thc state courts, in the Collier County Court having jurisdiction thereof, or if in the federal courts, in tile United States District Court for thc Southcm District of Florida. Section 19. Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee or deposited in lhc United States Mail, postage prepaid, ccrti fled mail, return receipt requested, addressed as [bllows, or to such other address ;ts thc receiving party hereafter shall specify itt writing: If to Ifc County: 07/29/97 County Administrator Collier Coonty 3301 Tamiami Trail East Naples, Fl 34112 15 3 With a copy to: Franchise Administrator Collier County 330 l Tamiami Trail East Naples, FI 34112 I f to the Grantee: Vice Pres{dent McdiaOne 301 Tower Road Naples, FL 34113 With a copy to: Senior Vice President Southeast Region MediaOnc 7800 Belfort Parkway Jacksonville, FL 32256 Section 20. Severability If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, ,-md independent portion. Such declaration shall not affect the validity of thc remaining portions hereof, which other portions shall continue in filll force and effect. Section 21. Non-Discrimination Thc Grantee shall not discriminate in creed, national origin, or religion. any manner on thc basis of age, race, sex, handicap, color, Section 22. Non-Divestiture This Franchise shall not divest the County of any right or interest in the Rights-of-Way. Section 23. Financial Stability Grantee will provide Grantor, on an annual basis, a current financial annual report and FORM 10-K to satisfy requirements of Grantee's credit worthiness. Section 24. Remedies - Curnulalive All remedies provided under this Franchise Agreement or Chapter 30 of the current Collier County Code shall be cumulative, unless otherwise expressly stated. Thc exercise of one remedy 07/29/97 ~6 ,.3[: shall not foreclose usc of another, nor shall it relieve thc Grantee of its obligations to comply with thc Franchise. Remedies may be used singly or in combination; in addition, thc County may exercise any rights it then has under applicable law. Section 25. Books and Records- Inspection Thc Grantor may inspect the books, records, maps, plans, and othcr documents, including financial documents, in the control or possession of the Grantee: (1) to enforce tile Grantor's rights or assess compliance with thc Franchise anti applicable la',,.'; (2) in thc exercise of any lawfifi regulatory power; or (3) as may be convenient in connection with any proceeding thc Gr~tor may or must conduct under applicable law with respect to Gr:mtcc's Cable System. The material may bc duplicated at a County facility unless thc County agrees to inspection and copying at some other place. Material that thc Grantor requires Grantee to produce under this Section shall be produccd upon reasonable notice, no later than 30 days after the request for production. Requests fi)r extensions o f time to respond shall not bc unreasonably denied. Grantee may request that thc County treat records containing trade secrets or proprietary information as confidential under thc Florida Public Records Law. To thc extent authorized by thc Public Records Law and other applicable State and Federal Law, thc Grantor shall maintain tile confidentiality of in fonnalion designated "proprietary" by the Grantee. Should the Grantor receive a request to review Grantee's records or books under thc Florida Public Records Law, it will promptly notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the requested infomlation is proprietary and, if necessary, scck a court ordcr to protect its proprietary information. Section 26. Books and Records- Reports and Responses to Questions 26.1 Grantee shall provide thc following reports to Grantor: 26.1.1 A quarterly Franchise Fcc report listing revenues rcceivcd, by category, in a form similar to attached Exhibit A; 26.1.2 Grantee shall file with lhe Grantor any notice ofdcficicncy, forfeiture, or othcr document issued by any state or federal agency which has institulcd any investigation or civil or criminal proceeding naming tile cable system, tile Grantee, or any operator of thc Cablc System, to thc extent tile same may affcct or bear on thc operations of tile Grantee's Cable System. 26.1.3 The Grantcc shall file wilb thc Grantor any request for protection under Bankruptcy laws, or any judgment related to a declaration of bankruptcy by thc Grantee, any affiliate which controls or manages thc Grantee, or any operator of thc Cable System. 07/29/97 17 Section 27. Books and Records - Maintenance In addition to reports required by this Franchise, thc Grantee shall maintain records of FCC proof of per fore, anco. Section 28. Inspection of Plant The Grantor may inspect thc Grantee's Cable System during construction, and anytime thereafter upon reasonable notice to the Grantee. If, based on subscriber complaints or its own investigation, the Grantor believes that the Cable System may not be operating in compliance with the Franchise Agreement or applicable Federal rules, it may require Grantee to perform tests, prepare a report and present to thc. Grantor the results of those tests. The Grantee shall report each deficiency and take prompt action to remedy it. Section 29. Insurance 29.1 Within thirty (30) days after thc effective dale of tim Franchise, Grantee shall provide proof of tim required insurance. Thc Grantee shall maintain this insurance throughout thc franchise term. Insurance shall include in amounts not less than those provided by Clmptcr 30 § 36 of thc current Collier County Code. 29.2 Thc insurance coverage obtained by this Grantee in compliance within this Section shall be approved by the County's Risk Management Office and ccrlificatcs of insurance shall be filed with the County. Section 30. Emergency Alert The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's talcs and regulations and the Florida Emergency Alert System Plan. Section 31. Ser¥ice to Public Buildings Grantee shall, upon request, provide service to public buildings located within one hundred fifty fcct ("150' ") of Grantee's existing distribution system; provided, however, that if adequate underground conduit is provided by the requesting pnblic agency, Gnmtee shall, upon request, provide service to public buildings within txvo hundred fifty feet ( "250' ") of Grantee's distribution system. All charges for installation and provision of Cable Services and Other Communications Services to such public buildings shall bc at Grantee's current rate; however, any Public Building account being provided free service as of the execution date off, is Franchise Agrccmcnt shall continue to receive such Free service during thc tcn'n of this Agreement. Any services which arc provided without charge to any Public Building, neither thc Grantor nor any other person may resell such services. Notwithstanding any arrangement to thc contrary under former franchises, the Grantor shall pay the Grantee's current rate for Cable Service and Other Communications Services used by the Grantee as well as all other charges and 07/29/97 ! 8 non-recurring charges for installation and other serviceable facilities associatcd with Cable Service. Section 32. Four Year Review: l'crformance Monitoring 32.1 During the years which commence on thc fourth anniversary or any multiple thereafter, of thc effective date o f the Franchise, thc Granlor may commence a review of Grantee's performance under tile Franchise. As part of this review, thc County may consider: a) whether the Grantee has complied with its obligations under the Franchise and applicable law; b) whether customer service standards, technical standards, or bomt or sccurity fund requirements arc adequate or excessive; and, c) other issues as may be raised by thc Grantee, thc Grantor, or thc public. 32.2 Thc Grantor m ~y conduct public hearings to provide thc Gr,'mtcc and thc public thc opportunity to commcnt on thc Grantee's pcrfonnancc and other issues considered as part of the four-year review. 32.3 Any rcvisions to ttlis Franchise Agreement wtfich either the Grantor or thc Grantee wishes to makc as a result of these reviews shall be proposed under tim proccdurcs cstablishcd herein. 32.4 07/29/97 Periodic Evaluation, Review and Modification. 32.4.1 Thc Grantor and Grantee acknowledge and agree that thc field of cable television is a relatively nc,.,,, and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during thc term of this Franchise. Thcrcforc, in order lo provide for the mmximum degree of flexibility in this franchise, and to help achieve a continued, advanced ,'md modem Cable System, tim following evaluation and review provisions will apply: a) Tile Grantor may, upon thirty (30) days notice, request evaluation and rcvicw sessions at any time during the tcnn of this Agrcemcnt and Grantee shall cooperate in such review and evaluation; provided, howcvcr, there shall not be more lhan one (1) evaluation and review session during any four (4) year period. b) Topics which may he discussed at any evaluation and review scssion include, but arc not limited to, rates, channel capacity, thc system performance, 19 programming, cducalional m~d government access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics thc Grantor or Grantee may deem relevant. c) During an evaluation and review session, Grantee shall cooperate fully with thc Grantor and shall provide v,'ithout cost such reasonable in£omlation and documents as the Grantor may request to perform the evaluation and review. d) As a result of an evaluation and review session, tile Grantor or Grantee may dclcmlinc that a change to the system or in thc terms of thc Franchise may be appropriate. In that event, either tile Grantor or Grantee may propose modifications to thc system or tile Franchise. Grantee and thc Grantor shall, in good fifith, review thc terms of thc proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or an~cmhncnt. 32.4.2 '['hc Grantor and Grantee shall act in good faith during such ncgoliations and shall bc obligated to agree to thc reasonable requests of thc olhcr party changes in thc system or amendment to thc Franchise when thc change or amendment is not inconsistent with the other terms of thc Franchise, or with applicable law or regulations, and thc chmlgc or ~mndmcnt is technically fcaxiblc, economically reasonable and will not result in a material alteration of thc rights and duties of thc pamics under thc Franchise. Section 33. Conflict with Current Collier Count.,,' Code 33.1 Thc provisions o£ linc current Collier County Code, arc hereby incoq~oratcd herein by reference ils Jfsct out in fiHl, and feral parl of the lenns and conditions ofthis Agreement. In tile event ofany conflict between thc terms and conditions of this Franchise and tile provisions of the current Collier Cotmty Code, the terms of this Franchise shall prevail. 33.2 The Grantor has cxamincd tile current Collicr County Code anti finds ccrlain provisions unnecessary in view of tile renewal status of thc three franchises. Therefore, tile Grantor elects to waive tile applicability to Grantee during tile tcm~ of this franchise of thc sections: (a) Sec. 30-42 (f); (b) Sec. 30-54: (c) Sec. 30-61. Section 34. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under tile law unless expressly waived herein. 07/29/97 2o Section 35. Acceptance of Franchise Within thirly (30) calcndar days following the grant of this Franchise, tile Grantee shall file with tile Grantor paymcnt, if applicable, relating to Scction 12.1.2 rcquired herein, togcthcr with a certificate of insurance required herein. The Grantee shall state that it agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. Such acceptance anti agreement shall be acknowlcdged by thc Grantee before a notary public, and shall in fom~ and content be approved by tile County Altomey. Section 36. Grant This non-exclusive Franchise is granted by thc County to McdiaOn¢ Enterprises, Inc., pursuant and subjcct to the conditions and requirements provided by Chapter 30 of thc Collier County Code and applicable Federal, State and Local laws, mits and conditions. This Franchise bestows upon Grantee tile authority to conslrucl, mainlain and operate a cable system, utilizing the Rights-Of-Way, to offer Cable Service anti Other Communications Services within the County. Section 37: Effective Date This Franchise Agreement shall lake cffcct immediately upon adoption. Passed and adopted on this ~a~'~i~riS~J:ii~ 1997. IN WITNESS Wl lliRI!OF, tile undersigned have caused this Agrccmcnt to be executed. BOARD OF COUNTY COMMISSIONERS COLI.IF.R COUNTY, FI.ORIDA f~mothy L/mNock, CI)ainnan 07/29/97 30 ACKNOWLEDGEMENT: MediaOnc Enterprises, Inc., hereby agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise Agreement. }t. W. Goodall Senior Vice President corp-scal State of Florida ) County of Collier ) The foregoing Franchise Agrccmcnt was acknowledged before mc tM . ay-oO-hht~, , y · who produced a Florida Driver's License l! (.5 .'5V~5 as identification. Approved ,as to form anti legal sufficiency: Thomas C. Palmer Assistant County Attorney 07/29/97 22 Exhibit A Monthly Franchise Fee Reporling Schedule Cable Operator Address Contact Person Title Accounting Dcparlmcnt Subscriber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Service Rate 1.3 CPST Average Sub. Units 1.4 CPSTII Rate 1.5 Premium Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Disney Service Rate t.9 Installation Average Completions I. 10 Installation Average Rate I. 11 Complimentary Accounts 1.12 Penetration Statistics 2.1 Total ttomcs Passed 2.2 Basic I Pcnclration Units 2.3 CPST Penetration Units 2.4 Premium Service Penetration %-age 2.5 Disney Service Penetration %-age 2.6 Chum: Average %-age Gross Revenue Detail Itemization Code 3.0 Cable Television 3.l Basic I 3.2 CPST 3.3 Premium 3.4 Showtime 3.5 ttBO 3.6 Disney 3.7 The Movie Channel RCVCI1UC Phone Date: / / 07/29/97 23 ASSIGNMENT MEDIA ONE ENTERPRISES, INC. CABI,E FI;t..\NCIIISE AGREEMENT COLI,IER COUNTY TO Tile CITY OF MARCO ISI,ANI) EXHIBIT "B" Chapter 30 CABI.E COMMUNICATIONS' Article I. In General Sees. 30-1--30-25, Reserved. Sec. 30-26. Sec. 30-27. Sec. 30-28. Sec. 30-29. Sec. 30-30. See. 30-31. Sec. 30-32. Sec. 30-33. Sec. 30-3.1. Sec. 30-35. Sec. 30-36. Sec. 30-37. Sec. 30-38. Sec. 30-39. Sec. 30.40. Sec. 30-4 I. Sec. 30-42. Sec. 30-13. Sec. 30-44. Sec. 3045. Sec. 30-46. Sec. 30-47. Sec. 30-48. Sec. 30-49. Sec. 30-50. Sec. 30-51. Sec. 30-52. Sec. 30-53. Sec. 30-5.1. Sec. 30-55. Sec. 30-55.1. Sec. 30-56. Sec. 30-57. Sec. 30-58. Sec. 30-59. Sec. 30-60, Sec. 30-6 I. Sec. 30-62. Sec. 30-63. /u'ticle I[, CATV Franchises Title and purpose. Definitions. Franchising provisions. Rights. Initial performance guarantee. Rights to use streets not warranted. Other agreements, permit anti easement requirements. No property fights conveyed. Jurisdiction of other regulatory bodies or agencies. Liability, indemnification. Insurance. Bonding requirements. FCC petition and license. Compliance with applicable laws and ordinances. Signal quality requirements. Service requirements. Cable system construction. New developments. ~M'eawide interconnection of cable systems. Local office; operations. Access to records. Submission of financial reports. Rate schedule. Preferential or discfiminato~, practices prohibited. Rules of franchise. Liquidated damages. Termination. Removal, abandonment and restoration of sy.~tem Public, educational and institutional sen'ices. Consumer protection provisions. [L'~ te regulation. General penalties. Subsequent action by state or federal authorities. Personal liability of county officials. Review of orders anti decisions. Superseding of ,agreements. Amendments Rights anti remedies cumulative. County's right of intervention. 'Cross referenct~--Businesses, ch. 2t~. State law references--Authority to regulate businesses, F.S. § 125.011 l~(h); cable tek. vision franchises. [:.S. § I66,0.16; theft of cable services, F.S. § 812.14 et seq. Supp. No. 1 CD30:I CABLE COMMUNIC,\TIONS § 3O-27 ARTICLE I. IN GENERAl, Sacs. 30-1---,30-25. Reserved. ARTICLE II. CATV FIL~'CHISES See. 30-26. Title and purpose. (a) Short title. This article shall be known and may be cited as the "Collier County Cable Televi- sion Franchise Ordinance." (b) Pttrl~ose. This article is enacted under the home rule power of the county for the purpose of pro~'iding necessary reg'alations, conditions and provisions which shall apply: (1) To the granting, issuance and renewal of nonexclusive franchises for the installa- tion, operation, use and maintenance ofca- ble television communication systems with- in the unincorp'>rated limits of the county. (2) To provide reasonable and suitable protec- tion and control over the use of county- owned easements and rights-of-way by ca- ble tele~'ision franchisees; all in the interest of the public health, safety and welfare of the citizens and inhabitants of the county. (Ord. No. 88-90, § i) Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Access channel means a channel dedicated in whole or in part to local pro~,n'amming which is not originated by a cable company and shall in- clude facilities and equipment, which the licensee shall make available without charge to the board of county commissioners and county school board for the purpose of transmitting programming by the public, as well as governmental and educa- tional agencies. Audio channel means a band of frequencies in the electromagnetic spectrum which is capable of carry/ag one audio signal. Basic seroice means any tier of service which includes retransmission of local tele~Ssion broad- cast signals and the public, educational and gov- ernmental access channels. Channel means a sitsmaling path or portion of thc electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the commission (FCC) by regulation. Commercial use (lease) channel means a video and/or audio or data channel which the franchisee may make available on terms for commercial use by persons unaffiliated with the franchisee for the purpose of transmitting pro~amming, pro~'iding services, or exchanging information. Community antenna television system, cable tcIe- ~'ision communication system and CAT~' means: (1) For the purpose of this article, these are synonymous terms, describing a system which may employ antennae, microwave, wires, wave-guides, coaxial cables, fiber op- tics or other conductors, equipment or fa- cilities, designed, constructed or used for the purpose of: a. Collecting and ampli~'ing local and dis- tant broadcast television or radio sig- nals and distributing and transmitting them; b. Transmitting original cablecast pro- gramming not received from television broadcast signals; c. Transmitting television pictures, file and videotape programs, not received through broadcast television channels. whether or not encoded or processed to permit reception bk' only selected re- ceivers; or d. Transmitting and receiving all other signals, including digital, voice and au- dio-visual; provided, however, that any of the ser¥ices permitted hereunder to be performed, de- scribed in this subsection, shall be those performed by or through the franchisee for subscribers in the operation of a cable tele- vision system franchised by the county. Supp. No. 1 CD30:3 § 30-27 COLLIER COUNTY CODE (2) Such term does not include: a. A facility or combination of facilities that sen'es only to retransmit the tele- vision signals of one or more television broadcast stations; b. A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or man- agement unless such facility or facili- ties use any public right-of-way or util- ity easement; c. A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video pro- g-ramming directly to subscribers; d. Any facilities ofany electric utility used solely for operating /ts electric utility system. Converter means an electronic device which con- verts signals not susceptible to reception by the television receiver of the subscriber to a signal which is susceptible of reception, and by an ap- propriate channel selector also permits the sub- scriber to view all signals delivered at designated dial locations. County means Collier Count>; Florida. County administrator means the count}' admin- istrator of Collier County, Florida, or his designee, or any successor to the powers of the county man- ager. Count), attorney means the county attorney of Collier Count}; Florida, or his designee, or any successor to the powers of the county attorney. Data channel means a band of frequencies in the electromagnetic spectrum which is capable of carr~>ng one data signal. FCC means the Federal Communications Com- mission, or its designee, or any successor to the powers of the FCC. FCC approval means any necessary authoriza- tion by the FCC to operate a CATV system in the county pursuant to the Communications Act of 1934, as amended, and all applicable FCC r%m- lotions. Franchise means the nonexclusive initial autho- rization or renewal thereof granted by the county to construct, install, operate and maintain a CATV system upon the streets, public ways and rights- of-way within a specifically designated franchise area of the count>; whether such franchise is des- ignated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise. Franchisee means the person granted a CATV franchise or anyone who succeeds the person in accordance with the pro~'isions of this article, or anyone who holds a franchise in'anted by the coun- ty prior to enactment of this article. Gross revenues includes, but is not limited to, monthly fees charged subscribers for basic ser- vice; monthly fees charged subscribers for any pre- mium service; installation and converting leasing fees or charges; advertising revenues; administra- tive fees from delinquent subscribers and/or de- linquent advertiser accounts; dishonored check charges; capital reimbursements from subscrib- ers; promotional fees from proffram suppliers; tow- er rentals; fees for collection of state sales tax; and Home Shopping Network commissions; pro- vided, however, the board of county commission- ers specifically reserves the right to amend this definition from time to time to account for chang- es in technology. Gross revenues shall not include any taxes on sen'ices furnished by the franchisee which are imposed upon any subscriber or user by the state, count>; or other governmental unit and collected by the franchisee on behalf of said gov- ernmental unit. The franchise fee is not such a tax. Iastitutional cable means the communications network constructed or operated by the cable com- pany and which is generally available only to sub- scribers who are not residential subscribers. Local origination programming means program- ming that is either produced by the franchisee or is obtained from another source fi>r transmission on the franchisee's local orig>nation channels, May is permissive. Supp. No. 1 CD30:4 30 CAI;I.E CO,MM UNICATIONS 30.23 Pay television means the delivery over the com- munity antenna television system of video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic or tiered sera'ice) on a per-program, per-channel or other subscription basis. Person means ally individual, partnership,joint venture, association, joint stock company, trust, firm, corporation, club, society, governmental en- tity, or other legally rec%mized entity, whether for profit or not for profit, or any lawful successor, transferee or assigmee of said entity. Property offrrmchisce means all property owned. installed, or used by a franchisee in the ore, duct of a CATV business in the county under the author- ity of a franchise granted pursuant to this article, or pursuant to a franchise agreement. Public notice means publication of notice of the time, place and purpose ora hearing at least twice in a newspaper of general circulation in the count3; with the first publication not less than 14 days prior to the hearing and tile second to be not less than five days prior to the hearing, Pt~blic school means rmy institution of the county public school system, or any duly state-accredited local college or university, within the unincorpo- rated areas of the county. Public street means the surface of and the space above and below any street, terrace, avenue, road, highwa3; freewa.~; bridge, land, path, alle.~; court, sidewalk, parkway, drive, boulevard, or other public way, now laid out or dedicated, and all extensions thereof and all additions thereto, within the unincorporated areas of the county and sub- ject to the control of the county. Public works administrator means tile public works administrator of the county, or }lis desig- nee, or any successor to tile powers of the public works administrator. Residerz',ial subscriber means a subscriber who receives any cable television sen'ice in an indMd- ual dwelling unit or multiple dwelling where the service is not to be utilized ill connection with a business, trade or profession. Service means an)' subscriber set,See, whether ~r not originated by tile fr:mcifi.¢ee, which is distributed over the franchisee's distribution sys- tem on any channel. Shall and will are mandatory, not merely direc- tive. Signal means any transmission of radio fre- quency energg' or of optical information. Stzbscriber means any person or entity receiv- ing for any purpose any service provided by the cable operator. (Ord. No. 88-90, ~ 2; Ord. No. 9.1-t2, ~ 1) Cros~ referencc~Definitions generally. ~ 1-2 Sec. 30-28. Franchising provisions. (a) Required. Any individual, partnership, cor- poration or other entity desiring to install find/or operate any cable television system in the unin- corporated area of the county shall apply to the board for a franchise pursuant to this article. (1) The issuance of a franchise pursuant to this article shall allow the franchisee to install, construct, maintain and operate a CATV system in accardance with the addi- tional requirements of this article through- out the area which is described in the franchise agreement and for which ap- proval }/as been received. 12~ Prior to any installation {~r cunstructim/, the franchisee shall apply to the county for a permit, granting the prMlege to install, construct, maintain and operate a CATV system under tile jurisdicti~m of the county in accordance with suci~ rules anti reTula- tions as shall be recommended by the county engineer and approved by tile board. (31 It shall be a violatitm of this article to commence or engage in the construction. operation or maintenance of a cable system in tile county without first having obtained a cable franchise awarded by the board county cmnmissioners. (b) Award. Nonexclusive franchises may be awarded by the board of county commissirmers all or any portion of thc county to applicants upon a finding that such award is consistent with the Supp. No. 4 CD30:5 § 30-28 COI.LIER COUNTY CODE public interest, furthers the goal of providing efficient CATV sen'ice to all residents of the unincorporated areas of the county, and does not result in material abuse of county streets, or easements or rights-of-wa.~; and after consider- ation of the factors referred to in subsection of this section. The county shall adopt by resolu- tion such application forms and other administra- tive procedures are deemed necessary, and desir- able for efficient administration of this article. (c) Application procedure; informatiotz required. All applications to construct, operate or maintain any GA'I%r system in the unincorporated areas or to traverse any portion of those areas for the transmitting or conveying of such sen'ice else- where shall be filed with the board or such office of the county as the board may designate by resolution; and each such application shall set forth, contain, or be accompan;ed by the follow- ing: (1) The name, address and telephone number of the applicant. (2) A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following: a. The names, business addresses, state of residence and country of citizenship of all general partners and corporate officers of the applicant. b. The names, business addresses, state of residence and country of citizenship of all persons and entities having, con- trolling, or being entitled to have or control 15 percent or more of the own- ership of the applicant and the respec- tive ownership share of each such per- son or entity. c. The names and addresses of any par- ent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant. d. Adetailed and complete financial state- ment of the applicant, prepared by a certified public accountant, fl~r the five (3) (4 fiscal years immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending in- stitution or funding source, addressed to both the applicant and the county, setting forth a clear statement of its intent as a lending institution or fund- ing source to provide whatever capital shall be required bv the applicant to construct ,and operate the proposed sys- tem in the county; or if the corporate or business entity organization of the ap- plicant has not been in existence for a full five years, the applicant shall sub- mit an audited financial statement fi~r the period of its e.,Sstence or other documentation required by the count>'. e. A detailed description of all previous experience of the applicant in provid- ing CATV sen'ices or related or similar ser¥ices, which includes a statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsid- iary; the status of said franchise with respect to completion thereof: the total cost of completion of such systems; and the amount of the applicant's and its parent's or subsidiary's resources com- mitted to the completion thereof. A detailed financial plan (pro forma) de- scribing, for each year of the franchise, projected number of subscribers, rates, all revenues, operating expenses, capital ex- penditures, depreciation schedules, income statements, and statement of sources and uses of funds. If applicant submits a de- tailed financial plan for a period of less than the requested term of the franchise, the county may award a franchise to appli- cant but for a period of time equal to the number of years or portion thereof, re- tlected in the financial plan. A detailed description of the proposed plan of operation of the applicant, which shall include but not be limited to the following: a. A detailed map indicating all areas proposed to be served, a proposed ti~ne Supp. No. 4 CD30:6 CABI,E COMMUNICATIONS (5) schedule fi~r the installation of all equip- ment necessary to become operational throughout the entire area to be served, and the projected total cost for construc- tion of the system. b. A statement or schedule setting fi)rrb all proposed classifications of rates and charges to be made against subscribers and ail rates and charges as to each of any said classifications, including but not limited to installation charges, ser- vice charges, and special, extraordi- nar>' or other charges requested by the county. The purchase price, terms and nature ofany optional or required equip- meat, device or other thing(s) to be offered for sale to an)' subscriber shall be described and explained in detail. c. :\ detailed statement describing the technical design proposed, the actual equipment, and the operational and technical standards proposed by the applicant. In addition, applicant shall submit to the county an affidavit or letter from a qualified cng/neet accept- able to both parties with experience in the cable industry which letter states that the proposed system will ade- quately provide CATV service to the proposed service area and that the applicant's constructimi projection costs are reasonable. A copy of tim form of an3· form of any agreement, understanding or other instru- ment proposed to be entered into between the applicant and any subscriber. A detailed statement setting fi~rth in its enti rety,,any and all agreements and under- standings, whether formal or informal, writ- ten, oral or implied, existing or proposed to exist between the applicant and any person which rna.;' affect control or operation of thc system contrary to this article, as amended, or a franchise agreement. A copy of any executed agreement covering the franchise area, if existing between the applicant and any public utility, providing (8) (9) (10~ (d) (1) for thc use of any facilities of thc public utilit); including but not limited to poles, lines or conduits. True and exact c;;pics, if filed, of thc last and most current FCC Cable TV Informa- tion Report and I:CC I"orm 325 as submit- ted to the FCC. An5' other reasonable information which could materially affect the granting of the franchise and which is requested by the county. For applicants in existence for h'ss than three years, except for subsidiaries ar affil- iates ofexisting cable companies, the county in its discretion ma.;' agree to accept other information in lieu of the items reflected in this paragraph, provided it is acting rea- sonably and is satisfied that the applicant has materially complied with thc require- ments of this section. Each original or transfer application sub- mitred for a franchise under the provisions of this article shall be accompanied by a nonrefundable application fee in the amount of $10,000.00, to offset the reasonablo cost of processing and evaluating said applica- tion fl)r confl)rmity with thc provisions and conditions of this article, incloding but not limited to thc payment of consultants' fees; provided, however, that the board reserves the right to require reimbursement to thc county of all costs of processing and evalu- ating any application, in excess of $10,000.00, if such c,sts are determined by the board by rcsolution to be necessary for the proper evaluation of such application. Each renewal application submitted for a franchise under the provisions of this arti- cle shall be accompanied by a non-refund. able application fl~e in the amount $5,000.00 to offset the reasonable c.sts processing and evaluating said applicati,m. provided, however, if such costs exceed $5,000.00, then the franchise holder shall be responsible for any ndditional costs. Supp. No. 4 CD30:7 3O 30-28 COLLIER COUN'IT CODE (2) Each franchise holder filing an application for expansion of its designated franchise area shall pay the sum of ,$,5,000.00 as is required by subsection (1) of this subsec- tion (d). Upon board approval or denial of the expansion, the county shall refund to the franchisee any portion of the expansion application fee which is not used by the county for the review of the expansion application. (3) Any applicant who has had a franchise approved by the county and then declared null and void or revoked by a court may not be required to pa5' an application fee, un- less the board determines that tile county will incur actual expenses including but not limited to consulting fees to review a new application. (el Public hearing o~ applicatiot~s. Upon re- ceipt of an application for a franchise submitted under the provisions of this article and within 90 days, or such extended period of time as the board may approve upon request by the administrator, the county administrator shall review the appli- cation for sufficiency and compliance with subsec- tion (c) of this section. If the county administrator finds that the application is incomplete, he shall return it to the applicant with a letter describing any and all insufficiencies found in the applica- tion. The applicant may then reapply for a fran- chise upon correcting the deficiencies noted by the county manager. Upon receipt of tile revised and amended application, the county administrator shall review the application within a 90-day pe- riod or such extended period of time as the board may approve upon request by the county man- ager. Upon review and after finding that the application is complete and in compliance with subsection (c), the county administrator shall make a recommendation to the board regarding tile award of a franchise to the applicant and shall forward said application to the board fl~r publica- tion of a notice in accordance with subsection (11 of this subsection (el. (1) Upon receipt of an application for a frar,- chise and after review by tile county admin- istrator, the board shall publish once a week for three consecutive weeks in a pa- per of general circulation in the county a notice of consideration of a CATV fran- chise. Said notice shall name the applicant, describe the proposed sera'ice area. invite the filing of an application under the pro- visions of this article by all persons inter- ested in establishing a CATV system in proposed sen-ice area, invite objections the establishment of a CATV system in the proposed sen'ice area from existing CATV systems and the general public and set a time and date certain, within at least 25 business days from the date of the first publication of the notice, for a public hear- lng on all applications filed for the eszab- lishment of a CATV system in said pro- posed service area and for all objections to the establishment of such CATV system. Any written reports, studies or materials to be considered by the board of county com- missioners at the public hearing must be submitted to the count:,' administrator's oflSce within 15 days from the date of the first publication of notice of the public hearing. (2) The initial application and all subsequent applications received prior to the public hearing shall be a matter of public record. Any application may be amended in writ- ing at any time prior to the date of the public hearing. No amendments to filed applications, oral or written, and no new applications shall be received after the time and date set for the public hearing or a continued public hearing, unless amend- ments to the application are requested by the count>'. The public hearing may bb continued from time to time and from pInce to place as determined to be necessary by the board. (0 lsstm~ce of frat~chisc. (1) The board may issue one or more no:l. exclusive franchises from the applications filed and considered at a public hearing. The board shall, prior to an issuance of a franchise, consider the inf,~rmation and cri- teria required by this article and any other information it deems appropriate in rook- in;; a determination to issue a franchise. During the public hearing or a continued Supp. No. 4 CD30:8 CABL}'~ COMMUNICATIONS 30.28 public hearing the board of county commis- sioners shall also consider, investigate anti make findings regarding the following: a. Tim economic impact uporl private prop- erty within tile franchise area: b. The public need for such a franchise, if any; c. The capacity of public rights-of-way to accommodate the cable system; d. The present and future use of the pub- lic rights-of-way to be used by the cable system: e. The potential disruption to existing users of the public rights-of-way to be used by the cable system and the re- sultant inconvenience which may oc- cur to the public; f. The financial ability of the franchise applicant to perform and to make the necessary investment to erect, operate and maintain the cable system; g. The experience of tile applicant in the erection, operation and maintenance of a CATV system; h. The location and type of permanent facilities proposed to be constructed for the cable system; i. The technical quality and c,mplete. ness of the proposed plnn for operation of the cable system; j. The requisite legal, character, finan- cial, technical and other qualifications necessary to construct, own and oper- ate a cable television system. In cunsidcring the desirability of an addi- tional or expanded cable operator, the board of county commissioners shall balance the desirability to promote competition in the cable television industry so as to promote a diversity of infl)rmation and the provisioa of high-quality cable sen'ices at the lowest economic price against tile unreasonable disruption of private and public property bF' multiple cable operations. Furthermore. if the county grants a franchise for an additional cable operator or expands a cur- (3~ (4) rent operator's franchise, the county may impose such conditions ns it deems neces- sary and proper. The board of county commissioners has the authority to retain an expert or consultant to conduct a study at any time in order to determine whether the county is able to handle an overbuild or overlapping fran- chises, economically or practically, or for any other purpose which the board deems necessary in order to adequately evaluate a franchise application. Any resulting fees or expenses of experts or consultant.~ nrc to be borne by the applicant. The board shall vote and thereafter notify in writing all applicants of its decision within 30 days from the adjournment of said public hearing. Said notice shall spec- ify the aforementioned factors that were determinative of its decision. All of the statements and declarations contained in the application shall be incorporated as conditions and material representations of any franchise that is issued by the board, and the breach of any of such conditions and representations shall constitute cause for terminntion of the franchise by the board. The approval of the written decision by the board shall be deemed an av:ard of the franchise. lg'~ Term. No franchise shall be issued for a term longer than ten years. All current CATV franchise agreements shall remain in effect until their respective date of expirntion, subject to any provisions of this article deemed npplicat:le to existing Danchisees. I lowever, any franchisee hold. lng n current franchise under any previ,ms ordi- nance or franchise agreement may file for a renewal of its frnnchise pursuant to the terms of this article which require adequate notice to the public and opportunity to comment, and may have its franchise renewed for a period net U) exceed ten years. Effective date. Any franchise granted pursuant to tho pro- visions of this article shall become effective as provided herein. Supp No. 4 CD30:9 § 30-28 COLI.IER COUNTY CODE (2) Within 30 calendar days after the award- lng of a franchise pursuant to subsection (f)(4) above, or within such extended period of time as the board in its discretion may authorize, the franchisee shall file with the board its written acceptance of the fran- chise, together with a commitment for in- surance policies and bonding documents required by sections 30-36 and 30-37, and its agreement to be bound by and to comply with all requirements pursuant to the pro- visions of this article or the franchise. Such acceptance and agreement shall be ac 'knowl- edged by the franchisee before a notary public, and shall in form and content be satisfactory to and approved by the board. The franchisee shall execute the franchise agreement and other documents required by the county within 90 days of the award of the franchise pursuant to subsection (f)(4) unless the county agrees to an exten- sion of such date. (i) Business authorization. ~kny franchise granted by the county shall authorize and permit the franchisee to engage in the business of operating and pro~qdkng a CATV system in all or a portion of the county, and for that purpose, subject to the approval of the public works administrator, to erect, install, construct, repair, replace, recon- struct, maintain and retain in, on, over, under, upon, across and along any public right-of-way or easement, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, ap- pliances, attachments and other property as may be necessary and appurtenant to the CATV sys- tem; and in addition, subject to the approval of the public works administrator, so to use, operate and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other franchisee furnished or permitted to do business in the count)'. (j) Changes to terms artd conditions. No changes in the terms of an)' franchise may he made without the prior written approval of the board. (k) Franchise fcc. (1) The franchisee shall pay as a franchise to the county the maximum percentage allowable by federal law, up to a maximum of five percent of the franchisee's gross revenues or such greater percentage as may from time to time be approved by federal law and renegotiated with the fran- chisee. An estimated franchise fee monthly pay- ment shall be payable to the county within 20 days after the close of each month. These pa.~ents shall be accompanied by an estimated monthly gross revenues re- port in a form pre-approved by the county. Each monthly estimated franchise fee pay- ment shall be adjusted, as a credit or debit, by the difference between the estimated gross revenues collected during the preced- ing month and the actual gross revenues collected by the preceding month. Within 60 days after the close of each calendar year, the franchisee shall deliver to the count)' an annual gross revenues audit report prepared by a certified public accoun- tant in a form pre-approved by the county. All amounts which are not paid when due and payable hereunder shall bear interest at the legal rate, as defined in Florida Statutes, until paid and franchisee shall be fined $100.00 a day until payment is made. Notwithstanding the requirement of sub- section (2) of this section of delivery of a monthly gross revenues report and an an- nual audit report by the franchisee, the county shall have the right and authority to inspect the franchisee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this section. All costs asso- ciated with any such audit shall be borne by the franchisee when said audit results in increasing, by more than ten percent, the franchisee's annual payment to the count.v. No acceptance of payment shall be c~m- strued as a release or as an accord and satisfaction of any claim the county may have fl~r further operational sums payable under this article or for the performance of any other obligation hereunder until barred Supp. No. 4 CD30:10 C,.M~ LE COMMUNICATIONS by the statute of limitations or the transpirance of three years, whichever may be shorter. (1) Franchise restrictions. (1) Any franchise granted under this article shall be nonexclusive. (2) No privilege or exemption shall be granted or conferred by any franchise granted un- der this article except those prescribed herein or as mandated by state or federal law. (3) Any privilege claimed under any such fran- chise by the franchisee in any .~treet or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. (m) Renewal of franchise. (1) During the six-month period which beans with the 36th month before the franchise expiration, the franchising authority may on its own initiative, and shall at the re- quest of the cable operator, commence pro- ceedings which afford the public in the franchise are,", appropriate notice and par- ticipation for the purpose of: a. Identifying the future cable-related com- munity needs and interests; and b. Reviewing the performance of the ca- ble operator under the franchise dur- ing the then current franchise term. (2) Upon completion of a proceeding under subsection (1) of this section, a cable oper- ator seeking renewal ora franchise may, on its own initiative or at the request of the county, submit a proposal for renewal. Any such ~roposal shall contain such material as the county may require, including pro- posals for an upgrade of the cable system. The county may establish a (late by which such proposal shall be submitted. (31 Upon submittal by a cable operator of a proposal to the county for the renewal of a franchise, the county administrator shall provide prompt public notice of such pro- posal and, during the six-month period which begins on the completion of any ~ 30-2$ proceedings under subsection (1) of this section, renew the franchise or issue a preliminao' assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding to consider whether: a. The cable operator has substantially complied with the material terms of the existing franchise and with appli- cable law; b. The quality of the operator's including signal quality, response to consumer compla[nL% and hilling prac- tices, but without regard to the mix, quality or level of cable ser~-ices or other sera'ices provided over the sys- tem, has been reasonable in light of community needs; c. The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set fortt~ in the operator's proposal; and d. The operator's proposal is reasonable to meet the future cable-related com- munity needs and interests, taking into account the cost of meeting such needs and interest.~. In any proceeding under this subsec- tion, the cable operator shall be af- forded adequate notice and the cable operator and the board or its desigmee shall be aflbrded fair opportunity for full participation, including the right to introduce evidence (including evi- dence related to issues raised in the proceeding under subsection ( 1 ) of this section), to require the production of evktence, and to question witnesses. A transcript shall be made of any such proceeding. At the completion of a proceeding under this subsection, the board shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, Supp. ,No. 4 CD30:ll 30-25 COLLIER COUNTY CODE (4) (5) and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. Any denial of a propoaal for renewal shall be based on one or more adverse findings made with respect to tile factors described in subsections a. through d. of subsection (3) of this section pursuant to the record of the proceeding under subsection (3). The board may not base a denial of renewal on a failure to substantially comply with tile material terms of the franchise under sub- section (3)a. or on events considered under subsection (3)b. in any case in which a violation of the franchise or the events considered under subsection (3)b. occur af- ter the effective date of this article [Novem- ber 23, 1988] unless the county has pro- vided the operator with notice and the opportunity to cure, or in any case in which it is documented that the county has waived its right to object, or has effectively acqui- esced. Any cable operator whose proposal for re- newal has been denied by a final decision of the board made pursuant to this section, or has been adversely affected by a failure of the board to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of 47 U.S.C. section 55.5 of the Cable Communications Policy Act of 1984. The court shall grant appropriate relief if the court finds that: a. Any action of the board is not in com- pliance with the procedural require- ments of this section; or b. In tile event of a final decision of the board denying tile renewal proposal, the operator has demonstrated that the adverse finding of the board with respect to each of the factors described in subsections a. through d. of subsec- tion (3) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding con- ducted under subsection (3). Supp. No. 4 CD30:12 (6) Any decision of the board on a proposal for renewal shall not be considered final un- less all administrative review has occurred or the opportunity therefor }las lapsed. (7) For purposes of this section, the term fran- ct~ise expiration means tile date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this article [November 15, 1988]. (8) Notwithstanding the provisions of subsec- tions (1) through (7) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time; and the board may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at ,any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (1) through (7) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal pro- posal that is submitted in accordance with subsections (1) through (7). (9) In the event the board elects not to grant a renewal of the fr,'mchise under the provi- sions of subsection (1) of this section or in the event a franchise is terminated under the provisions of section 30-52 of this arti- cle after the franchise holder has ex- hausted all administrative and legal reme- dies of appeal denying renewal of the franchise, the franchise holder shall have a period of one year to sell its CATV system to a person approved by the board for a new franchise, which approval shall not be un- reasonably withheld, or a period of one year after termination of service to remove, at its expense, all portions of the CATV system from the public rights.of-way as described in section 30-53 of this articie. In the event such previous franchise holder does not effectuate a sale of its CATV system to a person approved by the board for a new franchise or does not remove all portions of its CATV system fr,m said CABLE CO.MMUNICATIuNS 30-.11 public rights-of-way within said period of one >'ear, the portions of the CATV system that remain within said public rights-of- way shall be considered abandoned and shall be governed by the provisions of sec- tion 30-53 of this article. (10) In the period between termination of the franchise and the granting of another fran- chise, but not to exceed 12 months, the franchisee shall continue to provide sera-ice to the public as if its franchise were still in effect. (Ord. No. 88-90, § 3; Ord. No. 9.1-12, § 2; Ord. No. 96-15, § 1, 3-26-96) Sec. 30-29. Rights. (al The right is hereby resorb'ed to the county to adopt, in addition to the provisions contained herein and in existing applicable agreements, such additional regulations as it shall find neces- sary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the terms and conditions of the franchise and thc rights herein granted. (b) The county shall have the right during the life of this article to install and maintain free of charge upon the poles of the franchisee all wire and pole fixtures nccessac¢ for a police alarm system, or traffic-control system on the condition that such wire and polo fixtures do not interfere with the present and future CATV operation of the franchisee. {c) The count;,' shall have the right to inspect at the franchisee's business office the mails, plans and other like materials of the franchisee at any time during normal business hours where such maps, plans and other materials are related tv> this article or any franchise granted by the county. (Ord. No. 8S-90, § 41 Sec. 30-30. Initial performance guarantee. (al Within one year from the date ofissuance of an origfinal franchise or the extension of a sera'ice area, the franchisee shall accomplish construction of 25 percent of tile proposed CATV system within the entire service area where the density is 35 homes per street or road mile, and shall thereof- ter equitably and reasonably extend ener~zed cable to a substantial percentage of its franchise area each year. A substantial percentage is hereby determined to be 15 percent of the homes within the service area described in tile franchise. Fail- ure to accomplish said significant construction of the proposed CATV system within said service area within a period of one year from the date of issuance of an origdnal franchise or the extension of a service area or failure to equitably extend ener~zed cable to at least 15 percent of its fran- chise area each year thereafter may result in c,-mcellation of said franchise by the board as provided in this article. Itowever, said 15 percent shall only apply to areas where the density is 35 homes per street or road mile or more. (b) In the event a franchisee has not completed construction and is not offering CATV service to at least 85 percent of the homes within the service area described in its franzhise at the expiration of five years from the date of the issuance of said franchise, the board shall have the right to with- draw a portion of said service area in the interest of the public convenience and necessity. Said action shall be taken only after a public hearing established by the board for the purpose of allow- ing the franchisee to show cause why such act/on should not be taken. (c) It shall be the responsibility of tile public works administrator to inspect and verify perfor- nlaI1ce. (Ord. No. 88-90, § 5) Sec. 30-31. l{ights to use streets not war- ranted. It is understood that there may frrm~ time to time be within the county various streets which the county does not have the unqualified right to authorize a franchisee to use, because of rc'ser.'a- tions in favor of the dedicaters or because of other legal impediments; therefore, in ~wanting a fran- chise, the county dries not warrant or represent as to any particular street or portion ora street that it bas the right t~ authorize the franchisee t{} install or maintain portions of its system thereby, and in each case the burden and respensibility for making such determination in advance of the installation shall be upon the franchisee. (Ord. No. 88-90, ~ fi) Supp. No. 4 CD30:13 30.32 COLLIER COUNTY CODE Sec. 30-32. Other agreements, permit and easement rcqulrcmcnts. The count>' shall not be required to assmne any responsibility for the securing of any rights-of- way, easements, or other rights which may be required by the franchisee for the installation ora CATV system, nor shall the county be responsible for securing any permits or agreements with ether persons or utilities. (Ord. No. 88-90, § 7) Sec. 30-33. No property rights conveyed. Nothing in this article or in the franchise shall grant to the franchise holder any right of property in county-owned property or public rights-of-way as descfibcd in section 30-28(a) of this article; nor shall the county be compelled to maintain any of its property or said public rights-of-way any longer than, or in any fashion other than in the county's judgrnent, as its own business or needs may require. In addition, the franchise holder shall not be entitled to any compensation for damages from the county as a result of hav/ng to remove or relocate its property, lines and cables from said public property or public fights-of-way in the event the county determines that a necessity exists for such removal or relocation. (Ord. No. 88-90, § 8) Sec. 30-3-1. Jurisdiction of other regulator2,.' bodies or agencies. Nothing herein shall be construed to grant a franchisee any right or privilege lawfully within thc jur/sdiction of any other regulatory body or agency. (Ord. No. 88-90, § 9) Sec. 30-35. Liability, indemnification. (a) Liability in case of emergency. If, at any time in case of fire, disaster or other emergenc>; it shall appear necessary in the judgment of the county to cut, move or etherwise interfere with any of the wires, cables, amplifiers, appliances or appurtenances thereto of the franchisee, the county shall not be liable fi~r any injury or damage to such property and equipment of the franchisee as a result of such cutting, moving or interference. (b) Indemnification. (1) By acceptance of the franchise granted under this article, tile franchisee agrees to indemnify, defend and hold harmless the county, its officers, boards, commissioners, agents and employees, from any and all actions, claims, suits, penalties rind judg- ments for damages at law or equity of any nature whatsoever arising out cf or through: a. The acts or omissions of the franchisee. its servants, employees and agents; and Jar b. The conduct of its business as a cable television communications service. (2) The franchisee shall defend in the name of the count>; and pay all expenses incurred by the county in defending itself, with regard to all damages and penalties the county may legally be required to pay as a result of a franchise granted under this article. Damages and penalties shall in- clude but not be limited to damages ar/sing out of copyright infringement and all other damages arising out of the construction, installation, operation and maintenance of its cable communications system, whether or not any such act er emission is autho- rized, allowed or prohibited by this article or the franchise granted hereunder. Ex- penses shall include all incidental ex- penses, including attorney fees and the reasonable value of any services rendered by the office of the county attorney. No. 88-90, § 10) 30-36. Insurance. Required. Simultaneoulsy with the execution of the franchise agreement, the franchisee shall provide proof of general liability insurance insuring against claims for liability and damages. The franchisee shall maintain said insurance throughout the term of the franchise; and said insurance shall include. aL a minimum, the folluwing types of insur- ance coverage itl amounts not less than shown: a. Worker's compensation. Coverage to ail- ply for all employees for statutory lira- (Ord. Sec. (a) (1) Supp. No. 4 CD30:14 CABLE COMMUNICATIONS § 30.37 its in compliance with the applicable state and federal laws. The policy must include employers' liability with a limit of $500,000.00 each accident. b. Comprchensiuc gencral liability. Shall have minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injur7 liability and property damage liability. This shall include premises and/or operations, indepen- dent contractors, and subcontractors and/or completed operations, broad property damage, XCU coverage, and a contractual liability endorsement. c. Business auto policy. Shall }lave mini- mum limits of $1,000,000.00 per occur- rence combined single limit for bodily injury liability and property damage liability. This shall include owned ve- hicles, hired and nonowned vehicles and employee nonownership. (2) The insurance coverage obtained by the franchisee in compliance with this section shall be approved by the risk management administrator and the county attorney, and such insurance policies, along with written evidence of payment of requi red premiums, shall be filed and maintained with the county administrator during the term of the franchise. (3~ The insurance coverage and policy require- ments may be changed and increased from time to time at the discretion of the board of county commissioners to reflect chang- ing liability exposure and limits. (4) Nothing herein is intended as a limitation to the extent of any legal liability of the franchisee. (b) (1) Insurance policy provisions. [fesidcnt company and t~gcnt. All insurance policies and bonds as are required of a franchisee m this article shall be written by a company or companies authorized and qualified to dr) business in the state, and have a minimum rating of "A k.'X" in Best's Rating Guide. (2) Certificates and renewals. Certificates and renewals of all coverage required shall be promptly filed by the franchisee with the county admini:;trator. Each policy shall re- quire notice, and tile franchisee shall notify the county within 30 days of any cancelia- lion or modification of any insurance cov- erage required by this article, which notice shall be sent by registered mail to the county administrator or his desi~mee. Re- newal certificates shall be filed with the county no less than 30 days prior to the policy expiration date. (3) Additional insurcd. The county shall be included as an additional insured on both the comprehensive general liability and business auto liability policies. (4) Premium payment. Companies issuing tile insurance policies shall have no recourse against the county for payment of any premiums or assessments, and same shall be the sole responsibility of the franchisee. (5) When effectiuc. No franchise granted under this article shall be effective unless or until each of the foregoing policies' certificates of insurance as required in this section have been delivered to the county. (6) Wot waiuer. Neither the provisions of this section, nor the acceptance of any bonds by tile county pursuant to this article, nor any damages received by the county thereun- der shall be construed to excuse perfor- mance by a franchisee or limit the liability of a franchisee for damages to the full amount of the bonds or otherMse. (Ord, No. 88-90, § 11; Ord. No. 96-15, § 2, 3-26-96~ ,Sec. 30-37. Bonding requirements. (a) Construction bond. Simultaneously with the execution of the franchise agreement, the franchisee shall post with the county either a construction bond or an irrevocable letter cf credit is- sued by a state bank or a federally insured lending institution in an amount equal to 110 percent of the projected cost of construc- tion and installation of the system. Exist- Supp. No. 4 CD30:15 § 30-37 COLLIER COL.~'TY CODE ing franchisees shall post such a bond or irrevocable letter of credit with the county and as required by the county administra- tor at the same time as and in conjunction with submission of a construction plan or reconstruction plan as required by section 30-42(a) of this article, and in any event at least 30 days prior to the start of construc- tion or reconstruction. Said bond or letter of credit will be returned at the end of six years to the franchisee or at such prior time as the system has been completed and approved by the county, provided: a. That the franchisee has met or ex- ceeded the construction schedule re- quired by section 30-30 and section 3042; and b. That the franchisee has in good faith complied with all terms and conditions of the franchise ag'reement and all pro- ~5sions of this article as well as the rules and regulations herein required and permitted. (2) If the franchisee submits a cable system construction or reconstruction map and schedule pursuant to section 30-42(a) of this article which provides for construction of the system in progressive stages to pro- vide service to specified and definitive sec- tions of his franchise area, the franchisee may submit a construction bond or irrevo- cable letter of credit equal only to 110 percent of the projected cost of construction and installation of each specified and de- finitive section of the system in lieu of the bond or letter of credit required by subsec- tion (a)(1) of this section; provided, how- ever, that the franchisee must complete construction of the specified section to which the construction bond applies prior to the initiation of construction of a subsequent section. (3) If the franchisee she. Il fail to perform the obligations heretofore set out in this sec- tion, the franchisee shall forfeit in total to the county the hereinabovc referenced con- struction bond. (4) Said construction bond shall not be in lieu of any other guarantee or indemnification required by this article and shall be in addition to the performance bond or irrevo- cable letter of credit required in subsection (b)(1) of this section. (b) Permanent performance ar, d payment bond. (1) Simultaneously with the execution of the franchise a~eement or assignment of fran- chise in the case of a transfer, the franchise shall, furnish to the county a performance bond or an irrevocable letter of credit is- sued by a state bank or a federally insured lending institution in the amount of S100,000.00. The performance bond or let- ter ofcredit shall be used to guarantee the compliance with performance requirements and payment of all sums which may be- come due to the county under this article and/or under any franchise agreement en- tered into by the county and the franchisee. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the franchise and for one year after the fran- chise expires or is terminated, without re- duction or allowances for any amounts which are withdrawn or paid pursuant to this article. (2) All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of the effective date of this article [November 23, 1988] shall not be required to furnish a performance bond until such time as cur- rent franchise expiration, transfer or re- newal. Current franchisees may negotiate accelerated franchise renewals pursuant to section 30-28(g). (3) The rights reserved to the county with respect to the bond or the letter of credit are in addition to all other r/ghts of the county. (Ord. No. 88-90, § 12; Ord. No. 96-15, § 3, 3-26-96) Sec. 30-38. FCC petition and license. The franchisee shall, except for existing li- censes, within 60 days after the issuance of a license under this article, apply to the FCC for a Supp. No. 4 CD30:16 CABLE COMMUNICATIONS § 3041 regSstration statement or such other certificate or license as may be required for the operation of the cable system, l:ailure of the franchisee to obtain the necessary permits and licenses within one )'ear of the issuance of a franchise under this article shall cause the franchise to become null and void. unless the franchisee petitions the board for an extension of time upon good cause show. (Ord. No. 88-90, § 13) Sec. 30-39. Compliance with applicable laws and ordinances. The franchisee shall at all times during the life of this a~icle be subject to all lawful exercise of the police power by the county and to such rea- sonable regulation by the county as the county shall hereafter provide. The franchisee shall com- ply with all laws, statutes, codes, ordinances, rules or regulations applicable to its business. Specific and exact compliance to all zoning and building regulations shall be adhered to by the franchisee. (Ord. No. 88-90, § 14) Seco (a) (1) (b 1 (1~ 30-40. Signal quality requirements. General standards. Systems shall be maintained in such a manner as to prevent radiation from its facilities in excess of the limits specified in applicable rules and re~:lations of the FCC. The systems shall pass standard color tele- vision and FM signals without degrada- tion. There shall be no visible cross-modulation products produced in the cable TV systems on any channel. The system and all eqtfipment shall be designed and rated fi)r 2.1 hours per day continuous operation. Tcchnic(:! specifications. CATV systems shall be installed and main- tained in accordance with FCC technical specifications, regulations and industry stan- dards as reflected in the Standards of Good Engineering Practices fl~r Measurements on Cablevision Systems, published hy the (Ord. Sec. (a) (1) National Cable Tele~dsion Association to the effect that the customers shall receive the highest possible level of sen'ice. (2) Under,dround construction in streets shall be of such quality as to assure continuity of sera'ice without the necessity of frequent street or pavement cutting and shall con- tain a self-sealing device to ensure all such cables against leakage. (3) No portion of the franchisee's system shall hamper the ability of nonsubscribers from receMng TV broadcast signals off the air waves where, prior to the 'CAT',' system's existence, such signals could be received by nonsubscribers' television equipment. (4) The levels of intensity or strengrth permit- ted on any drop shall be closely adjusted to prevent stray radiation of the CATV signal. ($) The franchisee shall take steps as neces- saD' to prevent instances of extensive RF radiation. (6) All amplifier housing shall be effective shields against radiation by the amplif)Sng equipment. No. 88-90, § 15) SO--il. Scm'ice requirements. System copability. The franchisee's cable distribution system of a franc}rise granted pursuant to this article shall be capable cf carrying at least 54 television channels and FM radio t~ each subscriber. Each such franchisee shall at ali times prnvide prolrramming on n minimum of 30 channels and shall provide on its basic service, programming on a minimum of 12 channels, unless otherwise preempted by the FCC, and provided that such program- ming is available. Each franchisee shall make available without charge to the c{~unty unlimited time on at least one local govern- meat access channel. The franchist:e shall extend cablv televi- sbm se~'ic, to any buihling within the cmmty which is located on property within Supp. No. 4 CD30:17 COLLIER COUNTY CODE 150 feet of any portion of the distribution facilities of the franchisee's existing plant at the time of application for service. Such extension shall be made within 60 calendar days after receipt of a legitimate written request for such service. There shall, how- ever, be no obligation on tile part of the franchisee to extend cable service beyond 150 feet from existing distribution facilities unless there is a density of at least 35 homes per street or road mile conti~maous to the existing plant. Provided, however, the franchisee shall serve any building in ex- cess of 150 feet if the owner ofsaid building is willing to pay the actual cost of the service extension to such building. (b) Lock-out devices. The fr:L, chisee shall make available, to any residential subscriber so request- ing, a "parental guidance" or "lock-out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual aspects from any channel reception. The franchisee shall annually advise all residential subscribers regard- ing the availability of this device, and an addi- tional reasonable charge for any such device may be imposed. (c) Denial of service. The franchisee may deny service to any subscriber where such subscriber has previously been a subscriber of the franchisee and the franchisee previously terminated subscriber's ser¥ice due to nonpayment. (d) Emergency use of facilities. The franchisee shall install and maintain an audio override ca- pacity on all channels for transmission of emer- gency messages and alerts and shall provide for character-generated "crawl" infi~rmation to be su- perimposed for the bearing impaired on all video channels. In the case of any emergency or disas- ter, as determined by the count5', franchisees shall, upon request of the count3; make the over- ride capacity available to the county without charge for use during emergency or disaster po- rio& All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of November 23, 1988 shall not be required to provide "crawl" information on more than one identified and designated channel until such time as the current franchise expires, is transferred or renewed. (Ord. No. 88-90, § 1~) Sec. 3042. Cable system construction. (a) Construction map and schedule. The fran- chisee shall submit a construction plan or recon- struction plan which shall be incorporated by reference and made a [)art of the franchise agree- mont. The plan shall include cable system design details, equipment specifications, and design per- formance criteria. The plan shall also include a map of the entire franchise area and shall clearly delineate the following: (I) Areas within the franchise area where the cable system will be initially available to subscribers, including a schedule of con- struction for each 2,'ear that construction or reconstruction is proposed; and (2) Areas within the franchise area where ex- tension of the cable system cannot reason- ably be done due to lack of present or planned development or other similar rea- sons, with the areas and the reasons for not serving them clearly identified on the map. Construction or reconstruction plans and maps shall be submitted to the count2,' administrator's office at least 90 days prior to the start of con- struction or reconstruction, unless the county agrees to a lesser time period. (b) Early construction and extension. Nothing in this section shall prevent the franchisee from constructing or reconstructing the cable system earlier than planned. However, any delay in the cable system construction beyond the times spec- ified in the plan report timetable shall require application to and consent by the board. (c) Delay in construction timetable. Any delay beyond tile terms of construction or reconstruc- tion timetable, unless approved by the board, will be considered a violation of this article for which the provisions of section 30-51 shall apply as determined by the board. (d) Commencement of construction or reconstruc- tion. Construction or reconstruction in accordance with the plan submitted by the franchisee shall Supp. No. 4 CD30:18 C^BLE COMMUNIC^TIONS 30-.12 commence as soon after the grant and acceptance of a franchise as is reasonably possible. Failure to proceed expeditiously shall be Krounds for revo- cation of a franchise. Failure to proceed expedi- tiously shall be presumed in the event construc- tion or reconstruction is not commenced wi{bin 12 months of the grant and acceptance ora franchise. (e~ Additional mandator')' extension. Extension of a cable system into any area not specifically treated in the plan shall mmetheless be required if the terms of any of the following conditions are met: Mandator?' extension rule. The franchisee shall extend cable system upon request to .an',' contig'uous area not desi,,.mated for initial cable se~'ice in the construction plan when potential unsep,'ed subscribers can be sera'ed by extension of cable system past dwelling units equivalent to a density of 35 homes per street mile. (2) Early extension. In areas not meeting the requirements for mandatoD' extension of cable ser-,-ice, the franchisee shall provide, upon the request of five or more potential subscribers desiring cable ser,'ice, an esti- mate of the costs required to extend cable ser,'ice to said subscribers. The franchisee shall then extend cable ser¥ice upon re- quest of said potential subscribers accord- ing to the existing rate schedule. The fran- chisee may require advance payment or assurance of payment satisfactory to the franchisee. The amovnt paid by subscrib- ers fl~r early extension shall be nonrefund- able: and in the event the area subse- quently reaches the density required for mandatory extension, such payments shall be treated as consideration for early exten- sion. (f) Prior approral by county. Except fi~r individ- ual sera'ice drops, the franchisee shall not erect any pole, run any line, or make any attachment, nor shall any construction on public property and related to tile delivery, of cable services be com- menced without the prior approval of the public works administrator. Prior to the i~suance of such approval, tile franchisee shall submit to the pub- lic works administrator: (1) Strand maps of the system authorized by the proposed franchise showing plant rout- lng, utility company poles to wt~ich the system facilities are to be attached; and (2) True copies of all pole attachment agree- ments made by the franchisee with United Telephone Company anti Florida Power and Light Company and any other utility or company to which an attachment is to be made. (g) County's right to inspect. The county shall bare and maintain the right to inspect the instal- lation, construction, operation and maintenance of the system bv the franchisee to ensure the proper performance of the terms of this article. (h) Joint or common use of poles. (1) To enhance the public convenience and to minimize the placement of poles anti wire holding structures within public ways, the franchisee shall enter into aka'cements for the joint or common use of poles or other wire-holding structures where poles or other wire holdin~ structures already exist for the use in s~r~'ing the count:,' or se.~,'in.~ the public convenience, ttowever, no location of any pole or wire-holding structure of the franchisee shall be a vested interest, and such pole or structure shall be removed or modified by the franchisee at its own ex- pense whenever the public works adminis- trator deter:nines it to bt:, necessary in conjunction with a county project. (2) 'rile county shall be permitted to make use of the poles or other wire-balding struc- tures of the franchisee, without charge or remunerati~m to the franchisee, if the pub- lic works administrator determines that the us{: would enhance the public conve- nience and would not unduly damage, ham- per or interfere with the franchisee's present and future operations. (i) Permits, casements and agrecmcn:s. The county shall not be required to assume any re- sponsibility for tile securing of any rights-of-way Supp. N,z 4 CD30:19 § 30.-t2 COLLIEI~, COUNTY CODE or easements, nor shall the county be responsible for securing any permits or agreements with other persons or utilities. (j) Location/relocation of facilities. (1) The franchisee's system may be installed above~ound in areas where existing power or telephone facilities are aboveground, and shall be installed underground in areas where existing power and telephone facili- ties are installed under~ound. The fran- chisee shall endeavor to enter into agree- ments for the purpose ofsharing poles with any pers,m now or hereafter authorized by license, franchise or other,vise to erect and maintain overhead or underground wires and cables, it being the intent hereof that all aboveground installations of CATV sys- tems shall be accomplished on existing utility poles and easements where feasible, and installed only parallel to existing facil- ities. Where new poles are installed, prior approval of the public works administrator as to location must be received. (2) The franchisee shall not place any fixtures or equipment where the same will interfere with any gas, electric, CATV, telephone, sewer, drainage or water lines, fixtures or equipment; and the location by franchisees of their lines and equipment shall be in such a manner as not to interfere with the usual travel on or proper use of said streets, the use of the same for the installation or operation of gas, electric, telephone, water, drainage, or sewer lines equipment, or the rights or reasonable convenience of owners of property which abuts any street. (3) Franchisees shall relocate any aboveground portion of their systems underground in any county easement or right-of-way area where existing power and telephone facili- ties are hereafter so relocated unless a franchisee elects to purchase said poles owned by the utility company or is permit- ted to remain on said poles pursuant to contractual pole attachment agreements. Any such relocation shall be at their ex- pense, and such relocation shall be accom- plished concurrently with relocation or any such power and telephone facilities. (,t) The franchisee shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks and public ways aJ~d places of the county so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, in a manner approved by and acceptable to the count>'. At the option of the county, such trimming may be done by it or under its supervision and direction at the expense of the franchisee, if pr/or notification has been given to the franchisee and the franchisee thereafl, er failed to re:;pond. (5~ Franchisees shall promptly, upon the county's request and at their own expense, modify or relocate when necessa0. any part of their systems to accommodate the aban- donment of any street. (6) No location of any underground or above~ound facility or structure of any franchisee on public property shall be a vested interest, and such poles or struc- tures shall be removed or modified by n franchisee at its own expense whenever tile county determines that the public conve- nience would be enhanced thereby. (k) SafcO.. (1) A franchisee's work performance, equip- ment and job sites shall be in compliance with all applicable state and federal require- ments. A franchisee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices as are required by the Manual on Uniform Traffic Control Devices (FDOT) to protect all members of the public having occasion to use tile por- tion of the streets involved or adjacent property. (2) The franchisee shall at all times employ due care and shall install, maintain and use commonly accepted methods and de- vices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. All structures and ail lines, equipment and connections in, over, under and upon the streets of the county wherever situated or located shall Supp. No. 4 CD30:20 CABI.E COMMUNICATIONS 20,.43 at all times bo kept and maintained in a sari:, suitable, substantial condition, and in good order and repair. The franchisee shall install and maintain its wires, cables, fix- tures and other equipment in accordance with the requirements of the .,National Elec. trical Safety Code promulgated by the Na- tional Bureau of Standards, the National Electrical Code of the American Insurance Association, and the Bell System Code of Pole Line Construction. (1) lns?,:ction and performance test. (1~ The county shall have the right to make such inspections as it shall find necessary to ensure compliance with terms of a fran- chise and other pertinent provisions of law. The county si~all have the right to require the franchisee to provide and keep accurate calibrated test equipment immediately avail- able fi)r use in the county for the testing of all ser'.'ice and operation standards in this article, and the franchisee shall conduct such tests as requested by the county in order to establish the level of performance of the system. (2) The franchisee shall furnish the county administrator with a written report of the results of franchisee's annual system proof of performance tests, as required by the FCC. The county may require additional tests as proof of performance should it have reasonable cause to believe that a franchisee's system is not providing quality service transmission to its subscribers. The franchisee shall pay the costs incurred by the county fl~r an)' technical assistance deemed necessary by thc, cmmty for obtain- lng independent verification of technical compliance with all standards. Reports cov- ering the following will be maintained and made available to the county man:~[[er upon r[~quest: a. Complaints, numbers, nature and cor- rective actions taken, as required by section 30-55(b)(4). b. Progressofsystem expansion and num- ber of subscribers. (Ord. (tn) Trar. sfcr prohibited. (1) A franchisee shall not assig-n, sell or trans- fer its plant or system or an)' portion thereof, nor any right, title or interest in same, nor shall a franchisee transfer or assi~ an)' right under this article or under a fran- chise agreement to any other person with- out prior approval., of the count)', which approval shall not be unreasonably with- held, and only then upon such conditions as the county deems necessary and proper. Prior approval of the county shall be re- quired where ownership or control af mare than 30 percent of the right of control of franchisee is assigned to or acquired by a person or group of persons acting in con- cert, none of whom already own or control 30 percent or more of such right of control, singnalarly or collectively. (2) Any transferee of a franchisee's plant or system or any portion thereof shall submit to the county information which is required of an initial applicant as found in section 30-28(c)(1), (c)(2) and (c)(3) of this article and must agree to comply with all provi- sions of this article before the county may approve such transfer. No. 88-90, § 17; Ord. No. 9(3-15. § 4.3-26-96) Sec. 30--13. New developments. (a'l Public hot, ring. The board shall have the authority to order a public hearing on the pra;'i- sion of additional channel capacity by franchisee Supp. No. 4 CD30:20.1 CABI,E COM.X!CNICATIONfi § 30-15 or on the inclusion in the franchisee's cable system of state-of-the-art technologw or upgraded facili- ties. · :Notice of such hearing shall be provided to the franchisee and the public not later ~han 30 days prior to such hearing. ~b: Determination of need. If after such hearing the t)oard determines that: There exists a reasonable need anti demand fl~r addkional channel capacity an& or state- of-the-art technolo~' or upgraded facilities: '2 Provision has been made or will he made for adequate rates which wiil allow a fnm. chisec a fair rate of return on ks invest- ment fincluding the inveszmen: required to provide the additional channels an4'or dm state-of-the-art technol%W or up~aded fa- cilities~; and 13) Such requirements will no~ result in eco- nmnic waste for the franchisee. The board may order franchisee to provide a spec- ified number of additional channels and/or speci- fied state-of-the-art technolo~' or upgraded facil- ities. In considering the economic feasibility of required cable system improvements, the board may consider the extension of the term of the fran- chise to permk the recoveD' of the cost of said improvements. Any proposed extension of fran- chise shall be treated procedurally in accordance with the procedure for franchise renewal, as stated in section 30-38. ~Ord. No. 88-90, ~ 18; Sec, 30-.t-I. Arenwide interconnection of cable systems. ~a' lntcrconnection requir,:d. ~\ franchisee shall interconnect access channels of the cable system with any or all other cable systems in conti~Tmus adjacent areas, upen the directive of the county. Interconnection of cable systems may be done by direct cable connection, microwave link. satellite, or other appropriate method. 'b; I~terco,'trzec:ion procedure. Upon receiving the directive of the c~unty to interconnect, a fran- chisee shall immediately initiate negotiations with the other affected cable system or systems in order that all costs may be shared equally among cable systems for both constrdction and operation oF the interconnection link. (c) Relic,( A franchisee may be g-ranted reason. able extensions of time to interconnect or the county may rescind its order to interconnect upon petition by the franchisee to the county. The county shall grant said request if it finds that a franchisee has negotiated in good faith and has failed to obtain an approval from the cable system or systems of the proposed interconnection or that the cost of the interconnection would cause an unreasonable or n;:acceptable increase ir, sub. scriber rates. (d; Cooperctior~ required. A franchisee shall co- operate with any interconnection corporation, re- gdonal interconnection authority or other county, state and federal regulatoo' agency which may be hereafter established for the purpose of rewalating, financing, other~vise providing for the intercon. nection of cable systems beyond the boundaries of the county. iOrd. No. 88-90, § 19'~ Sec. 30-.15. Local office; operations. (a) Loccl office. The franchisee shall, throughout the entire duration of its franchise, maintain an office within the county open to the puhlic during all reasonable business hours. tb! Franchise officiols. The franchisee shall des- ign',ate a resident manager of the system, and such person shall reside in close proximity' to the ser- vice area of the franchisee and shall be ac:Ne in the management of the system in the county throughout the duration of the franchise. The fran- chisoe shall notify the county in writing of any char, ge oF the resident munage:' within 30 cal- endar days of the change. ~c: .X[aintainir, g telephone access. Each fran- chisee shall maintain within its office a telephone system with a toll.free telephone number for all exchanges serwing the franchise area; and such system shall be so operated that complah~ts and requests for repairs may he received at any time 2-I hours a dab', each day of the year, by a person representing the franchisee, CD30:21 § 30.45 COLLIEI~. COUNTY CODE (d) Studio facilities. Each franchise existing prier to this article and serving a minimum of 25,000 subscribers as of the enactment of this ar- ticle [November 15, 1988] or upon attaining a min- imum of 25,000 subscribers shall maintain studio facilities adequate to serYe the subscribers of the franchise within the county, ms determined by the board. Each franchise granted pursuant to this article shall, upon serving a minimum of 25,000 subscribers, maintain studio facilities adequate to serve the subscribers of the franchise ~Stbin the county, as determined by the board. Consis- tent with community needs and interests, facili- ties shall be adequate to provide the space, lighting, and audio and visual equipment neces- sary for on-site videotaping and audio recording of educational, governmental or civic programs. Facilities wilt also have the capability of trans- mitting locally orig-lnated programs to all sub- scribers being served by the franchisee's system. (e) Resident agents. Each franchisee shall main- tain a force of resident agents and employees to provide prompt response to subscribers within the county at all times, and shall have sufficient em- ployees to provide safe, adequate and prompt ser- vice for its facilities. (Ord. No. 88.90, § 20) Sec. 30-t6. Access to records. The county shall have access, at. all reasonable hours, to plans, contracts, engineering, accounting, financial, statistical, customer and sec'ice records relating to the property and operation of the fran- ch[see's county system and to such other records as may be required by the county to perform its regulatory responsibilities under this article. Such records shall be made available upon reasonable notice at the franchisee's local office. With the exception of those records contained in the appli- cation submitted under section 30-28(c), such records shall not constitute public records. (Ord. No. 88-90, § 211 Sec. 30-47. Submission of financial reports. The franchisee shall submit revenue reports to the office of the county manager annually, but no later than 60 days from the due date ms required by section 30-28~kl, including a detailed income and expense statement applicable to its operation during the preceding 12.month period, a balance sheet and a statement of its properties devoted to the cable system operation, by categories, g/ring its investment in such properties on the basis of orig/nal cost, less applicable depreciation. The an- nual revenue reports so submitted shall be spe- cific as to the extent of operations of the fran- chisee within the unincorporated area t~f the county and shall include number of homes passed, number of cable plant miles, number of subscribers for each type of cable service offered and the gross revenues from all sources attributable to the op- erations or the franchisee from with i n the county. (Ord. No. 8S-90, § 221 Sec. 30-18. Rate schedule. (al Filing ofrate schedules. The franchisee shall file with the covnty schedules which shall de- scribe all services offered, rates and charges for ail services, and all terms or conditions relating thereto. (b) Subscriber payment of rates. (1) The franchisee may refuse to furnish or may discontinue furnishing service to a sub- scriber who fails to pay installation fees or monthly service charges when due or for other good cause, but only after written no- tice to that subscriber. (2) The franchisee may require subscrihers to pay for the installation and for each month of basic sen'ice in advance at the beginning of each month. 13~ Nothing in this section shall be construed to prohibit waiver or reduction of charges for initial installation service, reconnec- tion or other service charges that are made for promotional purposes. lOrd. No. 88-90, § 23) See. 30-19. Preferential or discriminatory practices prohibited. The franchisee shall not, as to rates, charges, sen'ice facilities, rules, regulations or in any other respect, make or grant any preference or advan. rage to any person, nor subject any person to any prejudice or disadvantage. This provision shall not CD30:22 CABI.E COMblUNICATIONS .t0.5 apply to discounts provided to owners or opera- tors of multiple-unit dwelling cmnplexes when st,ch discounts or contract rates are provided under con- trac~ or "bulk bill" agreements. (Ord. No. 88-90, § 24t Sec. 30-50. Rules of franchise. The franchisee shall have the authority to pro- mulgate such rules, regulations, terms and con- ditions governing the conduct ~f bis business as shall be rensonably necessary to enable the fran- chisee to exercise his rights to perform his obliga- tions under this article anti to assure an uninter- rupted service to each and all of his customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions of this article or the franchise ngree- ment and shall be filed with the county. (Ord. No. 88-90, § Sec. 30-51. Liquidated damages. (a) F, ilurc to comply with time and per[or. mance requirernents. By acceptance of any fran- chise granted by the count.~; a franchisee under- stands and shall agree that failure to comply with any time and performance requirements as stip- ulated in this article and]or a franchise agree- ment will result in damage to the county, and that it is and will be impracticable to determine the actual amount of such damage in the event of de- lay or nonperformance; the franchise agreement shall include but not be limited to provisions for liquidated damages to be paid by the franchisee, in amounts set forth in the franchise agreement and chargeable to the perfi~rmance bond or letter of credit required by section 30-37 for the follow- lng concerns: I 1) For failure to complete system construction or reconstruction in accordance with this artich: unless the b~mrd specifically approves the delay by motion or resoluti(m, a fran- chisee shall pay $,500.00 per day for each das; or [)art thereof, the delinquency con- tinues; (2} For failure to provide, upon written re- quest, data, documents, reports, and/or in- formation, a franchisee shall pay $,50.00 per day for each day, or part thereof, that each violation occurs or coatinues: (3) For failure to test, nnalyze and report on the perfl)rmance of the system following a written request to do so, a franchisee shall pay S100.00 per day fi~r each day, or part thereof, that such noncompliance contin- ues; (4) For failure t, provide in a continuing man- ncr the types of sec'ices proposed in the accepted npplication or renewal pruposal, unless the beard specifically npproves a de- lny or change or the franchisee has ob- tained modification of its obligation under ,t7 U.S.C. section 5.t5 of the Cable Commu- nications Policy Act of 198,1, a franchisee shall pay $500 O0 per day fl~r each day, or pea thereof, that each noncompliance con- tinues; (5) For fifilure of franchisee to comply with op- erational, maintenance, technical standards or consumer protection standards, franchi- see shall pay $500.00 for each da?; or part thereof, that such noncompliance contin- ues; and (6) For any other action or nonaction by the franchisee, as agreed upon between thc county and the franchisee, and set fl)rrb in the franchise agreement. Nothing in this section shall preclude further liq- uidated damages as agreed upm~ by the parties in the franchise agreement. (bi Notice o/intention tn assess. If the cmmty administrator concludes that a franchisee is lia- ble for liquidated damages pursuant to this sec- tion, he shall issue tr~ the franchisee by certified mail a n.tice ofintt'ntim~ to assess liquidated dam- ages. The notice shall set forth the basis of the assessment, and shall infl)rm the franchisee that liquidated damages will be assessed from the date of the notice unless the assessment notice is ap- pealed fi~r hearing before the board and the board rules: (1~ That the vi,lation has been corrected; or Supp No. 1 CD30:23 § 30-51 COLI.IER COUNTY CODE (2) That an extension of time or other relief should be ~anted. A franchisee desiring a hearing before tile board shall send a written notice of appeal of assess- ment of liquidated damages by certified mail to the county administrator within ten days of the date on which the county sent the notice of inten- tion to assess liquidated damages. The hearing on the franchisee's appeal shall be within 30 days of the date on which the county receives the written notice of appeal. After the heating, if the board sustains in whole or in part the county adminis- trator's assessment of liquidated damages, the county administrator may at any time thereafter draw upon the performance bond or the letter of credit required by this article. Unless the board indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the county sent the notice of the intention to ns- sess liquidated damages and continuing thereaf- ter until such time as tile violation ceases, ns de- termined by the county administrator. (Ord. No. 88-90, § 26; Ord. No. 94-12, § 3) Sec. 30-52. Termination. (a) Right of termination. The county reserves the tight to suspend, terminate and cancel a fran- chise and all rights and privileges of a franchisue thereunder after due process as specified by sub- section (c) of this section for just and reasonable cause or in the event that any one of the following OCCURS: (1) The franchisee, after 30 days' notice by cer- tified mail by the county, violates any pro- vision of this article or an)' rule, order or determination of the county made pursu- ant to this article, except that if such vio- lation by the franchisee is without fault or through excusable negligence. (2) The franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. (3t The franchisee attempts to evade any ofthe provisions of this article or of the franchise agreement or practices any fraud or deceit upon the count)'. (4) The franchisee fails to commence construc- tion within one year from the effective date of this article. (5) The franchisee fails to complete construc- tion pursuant to the requirements of this article within the time required by its fran- chise. (6) The franchisee fails to provide service to its subscribers as required by the terms of this article, the franchise agreement, or the Ca- blevision Act of 1984, as amended, which- ever is stticter. (b) Right of suspension. The county resets'es the tight to suspend any or all of the rights of a fran- chisee upon a finding that the franchisee is failing to provide efficient ser,-ice to its subscribers with- in the unincorporated arens of the county or for any grounds specified in subsection (a) of this sec- tion. This shall include the tight of the county to prohibit further expansion of service nreas until service in the areas being served is brought up to minimum acceptable standards. (c) Procedures for termination. The franchise may be terminated in accordance with the follow- ing procedures: (ll The county administrator shall noti~' the franchisee in writing of the exact nature of tile alleged violation constituting a ground for termination and give the franchisee 30 days, or such other greater amount of time as the county administrator may specie', to correct such violation or to present facts and argument in refutation of the alleged violation. 12i If within the designated time the franchi- see does not remedy andJor put an end to the alleged violation, the board, after a pub- lic heating, may direct the termination of the franchise if it determines that such ac- tion is warranted. (Ord. No. 88-90, § 27) Sec. 30-53. Removal, abandonment and res- toration of system. (a) Remoual required. A franchisee shall prompt- ly remove from the streets or public places nil portions of the system and poles of such system, Supp. No. 1 CD30:24 CABLE COMBIUNICATIONS other than any which the county may permit to be abandoned in place, in the event any of the fl)l- lowing occurs: (11 In the event that the use of a part of its system is discontinued for any reason for a continuous period of 12 months. (21 In the event such system or property has been installed in any street or public place without complying with the requirements of the franchisee's franchise or this article. ~:31 In the event that the franchise has been terminated, canceled or has expired with- out renewal, assignment or transfer. (hi Removal procedures. The franchisee shall promptly, upon heing given 30 days' written no- tice, begin to remove from the streets all property and poles of the CATV system other than those which the county, in its discretion, may permit to be abandoned. (c) (2) Abandonment. Any property of the franchisee remaining in place after the reasonable time limit set by the county, after the termination or ex- piration of the franchise, shall be consid- ered permanently abandoned. The failure to reclaim property, before it is considered to be permanently abandoned as outlined in this section, shall constitute a franchise violation and shall cause forfei- ture of the permanent performance bond nnd, if it is still in effect, forfeiture of the initial construction bond unless the county agrees to accept transfer of ownership of the abandoned property. In that event, tile franchisce shall submit to the county nn instrument in writing, to be approved by the county nttorn%; transferring to the county the ownership of such property. (I) Restoration rcquired. Irt the event of such renmval as referenced herein, the franchisee shall promptly re- store the street or other area from which such property was removed to the condition existing prior to the disruption of the street or other area. (2) (Ord. Ifa franchisee fails to properly anti proml)t- ly restore the area, the county, at its elec- tion, may restore the area and cause forfei- ture of tile permanent performance bond and, if it is still in effect, forfeiture of the construction hood in order to reimburse the c(mnty for any costs and expenses it incurs for restoring the area. No. 88-90, § 28) Sec. 30-5-1. Public, educational and institu- tional sen'ices. ta) Public service. The franchisee shall provide, upon written request by the count>', one basic ser- vice drop for CATV sen'ice without installation or monthly charge to the board of county commis- sion office, public schools, county-owned and .op- erated emergency medical serwices stations, fire stations, cMl defense facilities, satellite govern- ment sen'ices buildings, and the count)' sheriff's department: provided, however, that the cost of the installation of said service drop beyond 150 feet from the distribution line shall be borne bv the appropriate governmental or private body. (b) Local government and educational access channels. (1) The franchisee shall make available unlim- ited time on at least one channel for local government access at no charge t(~ the coun- ty, anti the county shall adopt operating rules for such a channel. (2) The franchisee shall make available at least one channel for the use of state and county public educational authorities free of charge. The franchisee shall adopt operating rules for the educational access channel and shall file a copy of said rules with the county ad- ministrator's office. 13} One channel may be designated bythe fran- chisee for both local government access and educationnl access until such time as the county shall determine that the demand ex- ists for more than one channel. Thereafter. upon written nntice front tile county, thc franchisee shall comply with thc county's request for additional channels pursuant to this section. (()rd. No. 88-90, § 29) Supp. No. I CD30:25 § 30-$5 COLLIER COUNTY CODE Sec. 30-55. Consumer protection provisions. (a) Definitions. For purposes of this section, the following terms and words shall have the mean- lng herein unless the context clearly indicates that another meaning is intended. When not inconsis- tent with the context, words used in the present tense include the future, words in the plural num- ber include the singular number and words in the singular number include the plural. Conditions beyond the control of o franchisee shall include (1i hurricanes, floods, windstorms and tornadoes, (2) fires and explosions, (3) van- dalism, sabotage and tampering by subscribers, (4) construction cuts and other major damages by others of the cable trunk and distribution system, (5) transmittal failure by cable programming pro- riders, both broadcast and satell.'te fed, (6) and commercial electrical power outages in areas where the cable system does not have backup power in- stalled. Normal operating conditions means those ser- vice conditions which are within the control of the franchisee. Those conditions which are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone net~'ork outages, and severe or unusual weather conditions. Those con- ditions which are ordinarily within the control of the franchisee include, but are not limited to, spe- c[al promotions, pay-per-view events, rate increas- es, re~alar peak or seasonal demand periods and maintenance or upgrade of the cable system. Sera, ice interruptions means the loss or deteri- oration of picture or sound of one or more chan- nels of a single subscriber, excluding interrup- tions caused by the program ori~nator. System interruption means the loss of picture or sound of one or more channels of multiple sub- scribers in common system distribution or trunk service area or areas, such as in subdi~isions and neighborhoods. (b) Service. (I) The franchisee shall not without good cause fail to provide available service to individ- uals or prospective subscribers, nor shall the franchisee terminate service without good cause. Ser~'ice shall be pro~'ided to all interested customers where economically feasible. (2) Termination of services. Upon termination of sera'ice to any subscriber, the franchisee shall promptly remove all portions of its system, facilities and equipment from the premises of such subscriber upon his re- quest. (c) Customer complaints. (1) All subscriber complaints regarding quali- ty of service, equipment malfunctions and similar matters shall be acted upon by the franchisee as soon as possible. (2) Except where there exists an emergency sit- uation necessitating a more expedited pro- cedure, the franchisee may interrupt ser- vice, for the purpose ofrepair or upgrading of the system, only during periods of mini- mum use. (3) The franchisee shall establish procedures for receiving, acting upon and resol~4ng sub- scriber complaints. These procedures shall be filed with the county administrator. The franckisee shall furnish a notice of such pro- cedures to each subscriber at the time of initial subscription to the system and at least once a year thereafter, which notice shall include complaint telephone numbers of the franchisee. (4) The franchisee shall keep a record of and investigate ali written complaints from sub- scribers. Such records shall identify the sub- scriber, his address, the nature, location and date of the complaint, and a technician's report on the disposition of the complaint. The county may, during normal business hours, inspect the subscriber written com- plaint records of the franchisee which shall be kept in the public inspection file. (5) The county administrator is hereby desig- nated by the county as ha~ing primal' re- sponsibility for the continuing administra- tion of the franchise and implementation of complaint procedures. (6) The franchisee shall within seven days af- ter receiving written request from the coun- Supp. No. 1 CD30:26 CABI.E COMMUNICATIONS ty, send a written report to the count>' with respect to any complaint. The report to the county shall provide a full explanation of the investigation, findings and c,rrectivo steps taken by the franchisee. (7) In all situations where cable service is dis- rupted to 500 or more subscribers for a time period greater th,naa fi)ur hours due to ti~e franchisee's plant equipment failure, the franchisee shall notib' the office of the coun- ty administrator immediately. (dj Customer's right upon failure of service. (1) E~cient repairs and serdces. Each franchi- see shall render efficient service, make prompt repairs, and interrupt the service only for good cause and for the shortest time possible. (~) Notification ofinte,'ruptions. Such interrup- tions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. (3) Limitation of failures. The franchisee shall limit failure to a minimum by locating and correcting area service outages promptly, as provided in this section 3-.55. a. A complete report may be required bv the county fl>r any failure lasting long- er than 48 hours. (4) Commercial power outages. In the event of prolonged commercial power outages be- yond battery capacit>; the franchisee will maintain the system with portable genera- tors at backup power locations to tim limits of the franchisee's equipment availabilit>; in local inventory. (e) O/rice hours and te[ephon,: acailabilio'. {11 Each franchisee must maintain local, toll- free or cdlect-call telephone access avail- able to its subscribers 24 hours per day. seven days per week. (21 Each franchisee shall have trained compa- ny representatives who will be available to respond to customer telephone inquiri~'s during normal business hours which shall be from 8:30 a.m. to 5:00 p.m. each week- day, excluding national holidays. (3) After normal business hours as described above, O.m access line may be answered by company representatives or a staffed swering service, or an automated response system. Inquiries received after normal business hours must be responded to as pro- vided herein. (4) Under normal operating conditions, tele- phone answer time by a customer represen- tative, including wait time, shah not ex- ceed 30 seconds when the connection is made. If the call needs to be transferred. transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time, under normal oper- ating conditions measured on a quar:erly basis, during normal business hours as de- fined herein. Quarters shall be defined as three-month intervals and shall end on De- cember 31st, March ~lst. dune 30th and September 30th. The franchisee will not be required to acquire equipment or perform surweys to measure compliance with the telephone answering standards above un- less an historical record of complaints indi- cates a clear failure to comply. An historical records of complaints shall mean a sigmfi- cant increase m complaints as determined by Collier County, compared to thc same time periods of previous years, by custom- ers or property owner associations to Col- lier County, concerning the franchisee's per- formance under this section. Upon this evidence, besides investigating to deter- mine compliance, Collier County may also request, and the franchisee shall supply, monthly reports until the customer's ct)m- plaints subsid,? or the county investigaticm fails to verify non-compliance. {51 Each franchism.~ shall maintain the fl)ll~v.~'- lng telephone statistics and provide a writ- ten summao' report by franchise area which shall include: a. Number of calls received; and b. Number of calls answered within 30 seconds. The summary report will be delivered to Collier County within 20 days following the Supp. No. 1 CD30:27 § 30-55 COLLIEH. COUNTY CODE (6) (fl (1) (2) end of the same period the statistics cover. Statistics will be maintained on all tele- phone operation centers. Under normal operating conditions, the cus- tomer will receive a busy signal (a condi- tion of all trunks busy) less than three per- cent of the time. Customers will experience a busy signal not to exceed three percent of the time on a cumulative basis on any busi- ness day during normal business hours as defined herein. Upon evidence o£ a signifi- cant increase in customer complaints or oth- er e~Sdence of possible telephone service vi- olations as determined by Collier County, the franchisee shall perform measurements of compliance if internal equipment has the capability or the franchisee shall request the local telephone provider to perform tests to determine compliance or authorize the local telephone provider to pm{'orm tests and compile data at the request of Collier Coun- ty. In any event, the test times and inter- vals shall be determined by Collier County. Installations, system and service outages. Customer service centers and bill payment locations will be open at least during nor- mal business hours as defined herein and will be conveniently located. Under normal operating conditions, the fol- lowing four standards will be met no less than 95 percent of the time, measured on a quarterly basis: a. Standard installations will be per- formed within six business days after an order has been placed. 'Standard installations" are those that are locat- ed up to 125 feet from the existing dis- tribution system. This time limit shall not apply to installations requested in advance of more than six business days. In those cases, the applicable time lim- it shall be the requested date of instal- lation. For purposes of calculating timc, unless otherwise provided herein, said time shall begin the next business day after an order has been placed or upon issuance of a permit, if required. In- stallations in excess of 125 feet must be completed within 20 calendar days and installations requiring a distribu- tion line extension will be completed within 30 calendar days after a feasi- bility study has been completed by the franchisee and an a~eement has been reached between the franchisee and in- tended customer on construction costs, if any. The time provision shall not ap- ply when conditions beyond the control of the franchisee prevent completion of the installations. Such condition shall include inability to obtain permits af- ter application has been made or the lack of availability of necessary equip- ment within a reasonable time period. This section does not impose any re- quirement on the franchisee to ser~'e an area. For each violation of this sec- tion, the subscriber shall not be charged for the primary outlet installation charge. The primary outlet installa- tion charge shall be credited to the sub- schber's account within the next bill- ing cycle. This penalty shall be automatically executed by the franchi- see, but shall not apply if the customer refused service that was not at the re- quested service location as a~eed. In the latter case, the Franchisee shall leave written notice to the subscriber of its effort to provide service. Excluding conditions beyond the con- trol of the franchisee, the franchisee will make a bona fide effort to correct (a) service interruptions no later than within 24 hours after the interruption becomes known and (b) system inter- ruptions within four hours after the in- terruption becomes known if between the hours of 6:00 a.m. to 12:00 mid- night. If a system interruption is re- ported after 10:00 p.m., this require- ment applies be~nning at 8:00 a.m. the next da>'. The franchisee must begdn ac- tions to correct other service problems the next business day after notification of the sera'ice problem. For each viola- tion of this section, each subscriber who does not receive service as provided Supp. No. 1 CD30:28 CABI.E COMMUNICATIONS 30.55 herein may request a credit of.510.00 per incident in the next billing cycle but not it'( 11 the cusb)mer refused ser- vice, I21 the customer was m~t at hmne ~r (3) the franchisee determines that the request is not a valid one as sup- ported by the ser¥ice records. In the case of a customer not being at holnf:, the franchisee shall leave written no- tice to the subscriber of its eff,~rt to cor- rect sera-ice. c. The appointment window alternatives for installations, ser-,'ice calls and oth- er installation activities will be either a specific time or, at maximum, a fi~ur- hour time block (a.m. or p.m.) during normal business hours. (The franchi- see may schedule service calls and oth- er installation activities outside of nor- real business hours at the express convenience of the customer.) A fran- chisee may not cancel an appointment with a customer after the close of busi- ness on the business day prior to a scheduled appointment. For such vio- lation of this subsection c., each sub- scriber who does not receive ser'~'ice as provided herein may request a credit of $10.00 per incident in the next bill- ing cycle but not if (1) the custrm~er refused service, (21 the customer was not at home or (3) the franchisee deter- mines that the request is not a valid one as supported by set'vice records. In the case of a customer not being at home, the franchisee sha]t leave a writ- ten notice at the subscribers's home of its effort to provide service. Itowever, calls on which subscribers were at will not be eligible for this credit as documented in service records. ri. If a franchisee represm~tative is run- ning late for an appointment with a custmner and will not be able to keep the appointment as scheduled, the cus- tomer will be contacted. The franchi- see will make a bona fide attempt to reassign the appoint:nent to another agent or employee prior to canceling an appointment. The appointment will be rescheduled, as necessary, at a time which is cCmvenient for the customer. For each vi,~lation of this subsection d., each subscriber who does not receive sen'ice as provided herein may request a credit of $10.00 per incident in the next billing cycle but not if(l) the cus- tomer refused sec'ice, (2) the customer was not at home or (3) the franchisee determines tbat the request is not a valid one as supported by sec'ice records. In the case of a customer not being at home, the franchisee shall leave a written notice at the subscrib- er's home of its effort to provide ser- vice. However, calls on which subscrib- ers were at fault will not be eli~fible for this credit as documented in service records. (3) If there is evidence of non-compliance with customer credits as provided in this sec- tion, upon request by the counts; each fran- chisee shall provide the county manager's office a monthly repo~ of non-compliance with requirements of this section and re- sulting credits. %is repo~ shall be pro~qd- ed to the count>' manager by the 20th of each month following the reportin~ periled. sttbscribers. (11 The franchiset, shall provide written info,r- marion on each of the following areas at the time of installation of scm'ice, at least an- nually to ail subscribers, and at anv other time upon request: (1) product and s{~'ic- cs, (2) prices and options fi, r programmin~ se~'ices and conditions of subscription to programmin~ and other services. 13} instal- lati{m and ser.'ice maintenance policies. instructions r:n how to risc the cabh. star- vice, {5) channel positirms of programming carried on the system and (6) billin[' and cmnplaint pn~cedures, including thc~ address and telephone number of the t{~cal fran- chise authority's cable office'. (2} Customers will be notified of any changes in rates, programming services or channel Supp. No I CD30:29 § 30-55 (3) (4) COLLIER COUNTY CODE (5) (h) (1) (2) positions, as soon as possible through an- nouncements on the cable system and in writing to each customer. Notice must be given to subscribers a minimum of 30 clays in advance of such changes if the change is within the control of the franchisee. In ad- dition, the franchisee shall notify subscrib- ers 30 days in advance for any significant changes in the other information required in the preceding paragraph. Bills will be clear, concise and understand- able. Bills must be fully itemized, with item- ization including, but not limited to, basic and service tiers and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates ,'md credits. In the case of a billing dispute, the franchi- see must respond to a written complaint from a subscriber within ten days after re- ceipt at the local franchisee's office. Refund checks will be issued promptly, but no later than either (a) the customer's next billing cycle following the resolution of the request or 30 days, whichever is earlier, or (b) the date of return of the equipment sup- plied by the franchisee if ser¥ice is termi- nated. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. Privacy I usc of data. The franchisee shall comply with all feder- al and state laws regarding the collection and storing of individual subscriber infor- mation. The county or the franchisee shall not, with- out prior valid written authorization from each subscriber so affected, provide any data identifying subscriber's name or address to any person except as provided by law anti pursuant to procedures established by state and federal law. (3) No authorization for procurement or dis- semination of subscriber-identifiable infor- mation or data shall be valid unless it does the following: a. Specifies the type or types of informa- tion or data covered; and b. Identifies the parties authorized to col- lect, receive, store, record, transmit or otherwise convey this information er data. All authorizations shall specify the maxi- mum period of time that any subscriber- identifiable information or data shall be pre- ser.'ed in any manner or form. (4, A written copy of all subscriber-identifiable information or data which is retained and/ or disclosed and the disposition of this in- formation or data, together with any expla- nation necessary to make it understandable to the subscriber, shall be provided to the affected subscriber within 30 days of pro- curement except that information which is necessary, for purposes of billing the sub- scriber or keeping the subscriber informed of programming. Further disclosure shall be fully detailed in writing to the affected subscriber within 30 days of such disclo- sure. (i) Miscellaneous. (1) The franchisee shall grant pro-rated cred- its upon request by subscribers experienc- ing outages for more than 24 hours. The credit shall be retroactive to the beginning of the outage. ~21 Any of the customer ser.'ice standards may be waived by the county manager's office for no-competitive (overbuilt) systems of small size if found to be impractical when comparing costs versus subscriber benefits. ti) Interest on subscriber deposits. If and when the franchisee collects deposits from its subscrib- ers, it shall pay interest at an annual rate equal to the legal rate pursuant to Florida Statutes on any deposit of $100.00 or more as required of a subscriber. The franchisee may elect to pay such interest annually in the form of credits to sub- scriber accounts. (Ord. No. 88-90, § 30; Ord. No. 94-12, § 4) Supp. No. I CD30:30 CABLE COMMUNICATIONS 30-59 Sec. 30.55.1. Rate ~.egulatlon. The county may. in its sole discretion, regulate cable television rates pursuant to the provisions of the Federal Cable Act then in effect and the rules, regmlations, and orders of the Federal Cmn- munications Commission as they may be amend- ed or superseded from time to time. (Ord. No. 94-12, § 5~ Sec. 30-56. General penalties. An)' person violating any of the provisions nf this article, upon conviction thereof, shall be pun- ished by a fine not exceeding $500.00 for each offense, or by imprisonment for a term not to ex- ceed 60 days, or by both such fine or imprison- meat within the discretion of the courts. {1) It shall be unhtwful for any persm~ to make any unauthorized connection, whether phys- icall); electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the unincorporated area of the county for the purpose of en- abling himself or others to receive any tele- vision signal, radio signnl, pictures, pro- grams or sound. (2) It shall be unlawful for any person, without consent of the owner, to willfully tamper with. remove or vandalize an5' cables, wire or equipment used for the distribution of television signals, radio signals, pictures, programs or sound. {Ord. No. 88-90, § 311 State law references---['enalty for ordinance violations. F.S. § 12.5.69: trespass nmi larceny with relation to utility fixtures, F.S. § 812.1.1; unauthorized reception of c:d:]e ~.elevi- sion ser.'ices. KS. § 812.15. Sec. 30-57. Subsequent action by state or fcdcral authorities. Should the state, the FCC or any otl~er agency of the federal government subsequently require the franchisee to perform any act which is incon- sistent with any of the provisions of this article or cease to perform any act required by this article, the franchisee shall so notify the c~mnty. Upon receipt of such notification, the county shall de- termine if a material provision of this article is affected. Upm~ such determination, the county and the franchisee shall have the right to modify, amend, delete or otherwise change any of the pro- visions of this article to such reasonable extent as may be necessary to carry out the full intent and purpose of this article. In the event that the coun- ty does not make such modification, the franchi- see agrees to continue to conform to the provi- sions of this article until such time as it is prohibited from doing so by operation of law. The county and the franchisee may amend the license granted hereunder in the event the county or the franchisee determines that substantial and mate- rial compliance with the original terms of this ar- ticle has been frustrated by any such state, coun- ty or federal requirement. (Ord. No. 88-90, § 32) Sec. 30-58. Personal liability of county offi- cials. Any officer or employee charged with the en- forcement or administration of this article, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself li- able personally; and he is hereby relieved from all personal liability for any damage that ma?' accrue to persons or property as a result of an?' act re- quired or permitted in the discharge of his duties. Any suit brought against nny officer or employee because of such authorized act performed by him in the enforcement of any provision of this article shall be defended by the county or its representa- tives until the final termination of the proceed- lags. (Ord. No. 88-90, § 331 Sec. 31)-59. Review of orders anti decisions. Any person aggrieved by any nonlegislative or- (leT' or decision of the board shall have the right to petition the board for a rehearing and rec,nsider- ation of any order, regulation or decision. Such petition must be filed within ten days follmving the rendition of such order, re,relation or decision. The effect of the filing of a petition for a rehearin~ shall operate to stay the order or decision s,~ught to be reviewed until the petition is disposed of. If a petition for rehearing has been denied, such ag- grieved party may have such order or decision reviewed by certiorari to the county circuit court or by such other proceedings as may be prescribed Supp. No. 1 CD30:31 § 30.59 COLI.IER COL'NTY CODE by court rules, within 30 days after the disposi- tion of their petition for rehearing. The proceed- ings before the board shall be deemed quasijudi- cial in nature, and such review shall be limited to the record made before the board. (Ord. No. 88-90, § 3.1) Sec. 30-60. Superseding of agreements. This article will govern all activities of cable television franchisees in the unincorporated areas of the county to the extent that such activities may be regulated. Franchise agreement provi- sions will govern any activities of tile parties not specifically re~,mlated by this article. In the event an inconsistency exists between provisions of a franchise agreement existing pngr to the enact- ment of this article [November 15, 19881 and the provisions of this article, this article shall control. (Ord. No. 88-90, § 35) Sec. 30-63. County's right of intervention. The county hereby reserYes to itself at its own expense, and the franchisee acknowledges the county's right to inter~'ene in any suit. action or proceeding involving the franchise ~anted here- under or any provision in this article. {Ord. No. 88-90, § 38) Sec. 30-61. Amendments. This article may be amended at any time by a majority vote er the properly constituted board, provided that the board shall hold a public hear- lng for such purpose and afford all interested per- sons an opp()rtunity to be heard with respect tr~ such amendment. The county administrator shall submit notice of the public hearing and proposed amendments to each franchisee in writing at least 30 days prior to said public hearing. This reser- vation of authority includes the right to reimp{~se rate regulations at such future date as it may be deemed necessary by the board if current federal laws allow such regulation. (Ord. No. 88-90, § 361 Sec. 30-62. Rights and remedies cumulative. The rights and remedies set forth in this article are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the parties may have with respect to thc subject matter of this article, and a waiver thereof at any time shall not affect any other time. (Ord. No. 88-90, § 37) Supp. No. i CD30:32