Ordinance 96-15 ORDINANCE NO. 96- 15
~'~6'~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
~C;~-90, AS AMENDED, RELATING TO THE COLLIER COUNTY CABLE
T~EVISION FRANCHISE ORDINANCE; AMENDING SECTION' 3, ~j
*c~ PR'~VIDING FOR MODIFICATION OF FRANCHISING PROVISIONS;
FO~V,' MODIFICATION OF BO~]DING REQUIREMENTS; AMEN'DING X-
S~TION 17 PROVIDING FOR MODIFICATION OF CABLE SYSTEM
fJ~STRUCTIaN; PROVIDING FOR CONFLICT AND SEVERABILITY,
-~z___Z~}c~OVIDING FOre INCLUSION I~ CODE OF LAWS ~D ORDINanCES
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Commissioners of Collier County,
Florida enacted Ordinance No. 88-90, the Collier County Cable
Television Frahchise Ordinance, on November 15, 1988; and
WHEREAS, the Board enacted County Ordinance No. 94-12 on
March 17, 1994 which amended said Ordinance; and
WHEREAS, the Board is desirous of further amending certain
provisions of said Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE: AMENDMENT TO SECTION 3 OF COLLIER COUNTY
ORDINANCE 88-90
Section 3 is hereby amended to read as follows:
SECTION 3. FRANCHISING PROVISIONS
3.1 Franchise Required
(a) Any individual, partnership, corporation or other
entity desiring to install and/or operate any cable television
system in the unincorporated area of Collier County shall apply
to the Board for a franchise pursuant to this Ordinance. The
issuance of a franchise pursuant to this Ordinance shall allow
the franchisee to install, construct, maintain and operate a CATV
system e{ ^-:-:--*~-- transmission ~-~ ~:-*-~"*:^~ e~
electronic signals by "-~^ --~ associated and s~ilar ~*":^--
~eludin"~ but -^* en. dcr
~;hrough, across and upo~ t~hc public ~ in accordance
with the additional requirements of this Ordinance throughout the
area which is described in the franchise agreement and for which
approval has been received. Prior to any installation or
construction, the franchisee shall apply to the County for a
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permit, granting the privilege to install, construct, maintain
and operate a CA~ system along~ under, ~ t~~, acro~c and
upo. t.hc public ~ under the Jurisdiction of the
county in accordance with such rules and regulations as shall be
recommended by the County Engineer and approved by the Board.
(b) It shall be a violation of this Ordinance to
commence or engage in the construction, operation or maintenance
of a cable system in Collier County without first having obtained
a cable franchise awarded by the Board of County Con%missioners.
3.2 Franchise Award
Nonexclusive franchises may be awarded by the Board of County
Commissioners for all or any portion of the County to applicants
upon a finding that such award is consistent with the public
interest, furthers the goal of providing efficient CA~; service
to all residents of the unincorporated areas of the County and
does not result in material abuse of County streets, o__r easements
arm o__E rights-of-way, and after consideration of the factors
referred to in Section 3.6(a) of this Ordinance. The County
shall adopt by resolution such application forms and other
administrative procedures --~ ~^^^ es are deemed necessary and
desirable for efficient administration of this Ordinance.
3.3 Franchise Application Procedure: Information RecEuired.
All applications to construct, operate, or maintain any C/TV
system in the unincorporated areas or to traverse any portion of
those areas for the transmitting or conveying of such service
elsewhere, shall be filed with the Board or such office of the
County as the Board may designate by resolution, ar~ each such
application shall set forth, contain, or be accompanied by the
following:
(a) The name, address and telephone nua~r of the
applicant.
(b) A detailed statement of the corporate or other
business entity organization of the applicant, including but not
limited to the following:
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(1) The names, business addresses, state of
residence and country of citizenship of all general partners and
corporate officers of the applicant.
(2) The names, business addresses, state of
residence and country of citizenship of all persons and entities
having, controlling, or being entitled to have or control fifteen
percent (15%) or more of the ownership of the applicant and the
respective ownership share of each such person or entity.
(3) The names and addresses of any parent or
subsidiary of' the applicant and of any other business entity
owning or controlling in whole or in part of owned or controlled
in whole or in part by the applicant.
(4) A detailed and complete financial statemen~ of
the applicant, prepared by a certified public accountant, for the
five (5) fiscal years immediately preceding the date of the
application hereunder, or a letter or other acceptable evidence
in writing from a responsible lending institution or funding
source, addressed to both the applicant and the County, setting
forth a clear statement of its intent as a lending institution or
funding source to provide whatever capital shall be required by
the applicant to construct and operate the proposed system in the
County; or if the corporate or business entity organization of
the applicant has not been in existence for a full five (5)
years, applicant shall submit a ccrtificd audited financial
statement for the period of its existence or other documentatio~
required by the county.
(5) A detailed description of all previous
experience of the applicant in providing CATV services or related
or similar services which includes a statement identifying, by
place and date, any other cable television franchise(s) awarded
to the applicant, its parent or subsidiary; the status of said
franchise(s) with respect to completion thereof; the total cost
of completion of such system(s); and the amount of applicant's
and its parent's or subsidiary's resources committed to the
completion thereof.
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(c) A detailed financial plan (pro forma) describing
for each year of the franchise, projected number of subscribers,
rates, all revenues, operating expenses, capital expenditures,
depreciation schedules, income statements, and statement of
sources and uses of funds. If applicant submits a detailed
fin~ncia~ plan for a period of less than the requested term of
the franchise. the countv mav award a franchise to applicant but
for a period of time equal to the number of years or portion
thereof. reflected in the financial plan.
(d) A detailed description of the proposed plan of
operation of the applicant, which shall include, but not be
limited to the following:
(1) A detailed map indicating all areas propesed
to be served, a proposed time schedule for the installation of
all equipment necessary tc become operational throughout the
entire area to be served, and the projected total cost for
construction of the system.
(2) A statement or schedule setting forth all
proposed classifications of rates and charges to be made against
subscribers and all rates and charges as to each of any said
classifications, including but not limited tO installation
charges, service charges, special, extraordinary, or other
charges recnaested by the c0u~ty. The purchase price, terms, and
nature of any optional or required equipment, device, or other
thing/~ to be offered for sale to any subscriber shall be
described and explained in detail.
(3) A detailed statement describing the technical
design proposed, the actual equipment, and the operational and
technical standards proposed by the applicant. In addition.
~pp~ic~Dt shall submit tO t~e County a~ affidavit 9r l~tter ~rom
~ qualified engineer acceptable to both parties with experience
in ~he cable industry which letter states that the DrODosed
~yStem will adequately provide CATV .service to the proposed
~erv~e .area and that the Applicant's construction projection
~ostS are reasonable.
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(e) A copy of the form of any agreement, understanding,
or other instrument proposed to be entered into between the
applicant and any subscriber.
(f) A detailed statement setting forth in its entirety
any and all agreements and understandings, whether formal or
informal, written, oral, or implied, existing or proposed to
exist between the applicant and any person, firm or corporation
which may affect control or operation of the system contrary to
this Ordinance, as amended, or a franchise agreement.
(g) A copy of any ~ecuted agreement covering the
franchise area, if existing between the applicant and any public
utility providing for the use of any facilities of the public
utility, including but not ljnited to poles, lines or conduits.
(h) True and exact copies, if filed, of the last and
most current FCC Cable TV Information Report and FCC Form~ ~ as
submitted to the FCC.
(i) Any other reasonable information which could
materially affect the granting of the franchise and which is
requested by the County.
f~] For applicants in existence for less than three
years, except for subsidiaries or affiliants of existing cable
~Ompapies, the CoUDty in its diSCretion may agree to accept other
~nformat~on in lieu of the items reflected in this Section 3,$,
provided it is acting reasonably and is satisfied that the
~pplicapt has materially compl~ed with the requiremeDts of this
Qrdinance.
3.4 Application Fee
(a) Each original or transfer application submitted for
a franchise under the provisions of this article shall be
accompanied by a non-refundable application fee in the amount of
$10,000.00 to offset the reasonable cost of processing and
evaluating said application for conformity with the provisions
and conditions of this Ordinance including, but not limited to,
the payment of consultants' fees; provided, however, that the
Board reserves the right to require reimbursement to the County
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of all costs of processing and evaluating any application, cvcn
in excess of $10,000.00, if such extraordinary costs are
determined by the Board by Resolution to be necessary for the
proper evaluation of such application. Each renewal application
submitted for a franchise under the provisions of this article
shall be accompanied by a non-refundable application fee in the
amount of Five Thousand Dollars ($5,000.00) to offset the
reasonable costs of processing and evaluating said application,
provided, however, if such costs exceed Five Thousand Dollars
($5,000.00), then the franchise holder shall be responsible for
any additional costs~ ~p ~e ~ ~ e~ a~ a~ditional Fivc
~hcusand Dollars (~ ..... n~
(b) Each franchise holder filing an application ,for
expansio~l of its designated franchise area shall pay the sum o~
~'ive Thousand Dollars ($5.000.00] such applicatio~ fcc as is
required by subsection (a) of this Section 3.4. Upon Board
~pproval or denial of the eXpanSion, the county shall refund t9
the franchisee any portion of the expansion application fee which
iS not Used by the County for the review of the expansion
~pplication,
fc] ~ny applicant who has had a .franchise approved by
the Countv and then declared null add void or revoked by a court
~av not be reauired tO P~Y an aDplication fee, unless the Board
determines that the county will incur actual expenses includinq
but not ]imite~ to coDSU~tinq fees to review a ~ew application,
3.5 Public Hearing On Applications
(a) Upon receipt of an application for a franchise
submitted under the provisions of this article and within 90
days, or such extended period of time as the Board may approve
upon request by the Manager, the County Manager shall review the
application for sufficiency and compliance with Section 3.3
hereinabove. If the County Manager finds that the application is
incomplete, he shall return it to the applicant with a letter
describing any and all insufficiencies found in the application.
The applicant may then reapply for a franchise upon correcting
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the deficiencies noted by the County Manager. Upon receipt of
the revised and amended application, the County Manager shall
review the application within a ninety-day (90) period~ or such
extended period of time ~s.th$ Board may approve upon request by
~h~ co~ptv ManaGer. Upon review and after finding that the
application is complete and in compliance with Section 3.3, the
County Man]ger shall make a recommendation to the Board regarding
the award of a franchise to the applicant and shall forward said
application to the Board for publication of a notice in
accordance with Section 3.5(b) herein.
(b) Upon receipt of an application for a franchise and
after review by the County Manager, the Board shall publish once
a week for three (3) consecutive weeks in a paper of general
circulation in the County a notice of consideration of a CATV
franchise. Said notice shall name the applicant, describe the
proposed service area, invite the filing of an application under
the provisions of this article by all persons interested in
establishing a CATV system in the proposed service area, invite
objections to the establishment of a CATV system in the proposed
service area from existing CATV systems and the general public
and set a time and date certain, withiD at least twenty-five (25)
business days from the date of the first publication of the
notice, for a public hearing on all applications filed for the
establishment of a CATV system in said proposed service area and
for all objections to the establishment of such CATV system. Any
%~ritten reports, studies or materials to be considered by the
Board of County Commissioners at the public hearing must be
submitted to the County Manager's office within fifteen (15)
b~siness days from the date of the first publication of notice of
the public hearing.
(c) 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
writing at any time prior to the date of the public hearing. No
amendments to filed applications, oral or written, and no new
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applications shall be received after the time and date set for
the public hearing or a continued public hearing, unless
amendments to the application are requested bv the County. The
public hearing may be continued from time to time and from place
to place as determined to be necessary by the Board.
3.6 Issuance Of Franchise
(a) The Board may issue one (1) or more non-exclusiVe
franchises from the applications filed and considered at a public
hearing. The Board, shall, prior to an issuance of a franchise,
consider the ihformation and criteria required by this Ordinance,
and any other information it deems appropriate in making a
determination to issue a franchise. During the public hearing or
a continued public hearing the Board of County Commissioners
shall also consider, investigate and make findings regarding the
following:
(1) The economic impact upon private property
within the franchise area;
(2) The public need for such a franchise, if any;
(3) The capacity of public rights-of-way to
accommodate the cable system;
(4) The present and future use of the public
rights-of-way to be used by the cable system;
(5) The potential disruption to existing users of
the public rights-of-way to be used by the cable system and the
resultant inconvenience which may occur to the public;
(6) The financial ability of the franchise
applicant to perform and to make the necessary investment to
erect, operate and maintain the cable system;
(7) The experience of the applicant in the
erection, operation and maintenance of a CATV system;
(8) The location and type of permanent facilities
proposed to be constructed for the cable system.
(9) The technical quality and completeness of the
proposed plan for operation of the cable system.
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(10) The requisite legal, character, financial,
technical and other qualifications necessary to construct, own
and operate a cable television system.
(b) In considering the desirability of an additional 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 information
and the provision of high-quality cable services at the lowest
economic price against the unreasonable disruption of private and
public proper~y by multiple cable operations. Furthermore, if
the County grants a franchise for an additional cable operator or
expands a current operator's franchise, the County may impose
such conditions as it deems necessary and proper. ,
(c) 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 franchises, 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 consultants are to be borne by the
applicant.
(d) The Board shall vote and thereafter notify in
writing all applicants of its decision within thirty (30) days
from the adjournment of said public hearing. Said notice shall
specify 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 termination of the franchise by the Board.
The approval O~ the writteD decision bv the Board shall be.deemed
an award of the franchise.
3.7 Term Of Franchise
No franchise shall be issued for a term longer than ten (10)
years. All current CATV franchise agreements shall remain in
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effect until their respective date of expiration, subject to any
provisions of this Ordinance deemed applicable to existing
franchisees. However, any franchisee holding a current franchise
under any previous ordinance or franchise agreement may file for
a renewal of its franchise pursuant to the terms of this
Ordinance which require adequate notice to the public and
opportunity to comment, and may have its franchise renewed for a
period not to exceed ten (10) years.
3.8 Effective Date Of Franchise
(a) Any franchise granted pursuant to the provisions of
this Ordinance shall become effective as provided herein.
(b) Within thirty (30) calendar days after the awarding
of a franchiseT p~rsuant to Section 3.6{d] of this OrdiDance~ 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 franchise, together with thc
a commitment for insurance policies and bonding documents
required by Sections 11 and 12 hereof, and its agreement to be
bound by and to comply with all requirements pursuant to the
provisions of this Ordinance or the franchise. Such acceptance
and agreement shall be acknowledged by the franchisee before a
notary public, and shall in form and content be satisfactory to
and approved by the Board. The franchisee shall eMeGut¢ the
franchise a~reement and other documents required bv the County
within 90 days o~ the award of the fraDchis¢ pursuaDt to seCtioD
3.6(d~ unless the County agrees to ~n e~tens~OD o~ such date.
3.9 Business Authorization
Any franchise granted 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,
reconstruct, maintain and retain in, on, over, under, upon,
across and along any public right-of-way or strcct e_a~$~ment, such
poles, wires, cable, conductors, ducts, conduits, vaults,
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manholes, amplifiers, appliances, attachments, and other property
as may be necessary and appurtenant to the CATV system 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 County.
3.10 Changes To Franchise Terms And Conditions.
No changes in the terms of any franchise may be made without
the prior writken approval of the Board.
3.11 Franchise Fee
(a) 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 (5%) of the franchisee's gross revenues
as defined herein or such greater percentage as may from time to
time be approved by Federal law and renegotiated with the
franchisee.
^-~^-~ ....... ~^- ~ parcantata franchise fee ~z .......
offactive data ~ thc franchise. ~ quartarc shall clo~c
quartcrly grccc rcvcnucs rcpcrt ~ a ~ ~ ~ thc
........ ~n estimated franchise fee monthly pa~ept shall be
payable to the county within twentv ~20) days a~ter the close o=
each ~oDth. These pa~ents shal~ be accompanied by an estimated
monthly gross revenues report in a fom pre-approved by the
Countv. Each monthiv estimated franchise fee pa~ent shall be
~dJusted. as a credit or debit. bv the difference between the
estimated uross revenues collected during the precedin~ moBth aD~
the actual uross revenues collected by the Drecedinu month,
Within sixty (60) days after the close of each calendar year, the
franchisee shall deliver to the County an annual gross revenues
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audit report prepared by a certified public accountant 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 S100 a day until PaYment is made.
(c) Notwithstanding the requirement of paragraph
3.11(b) of delivery of a quarterly mon~%hlv gross revenues report
and an annual audit report by franchisee, the County shall have
the right and authority to inspect the franchisee's revenue
records unde~ the franchise and the right of audit and
recomputation of any and all amounts payable under this Section.
All costs associated with any such audit shall be borne by
franchisee when said audit results in increasing, by more t~han
10%, the franchisee's annual payment to the County.
(d) No acceptance of payment shall be constr, 3d as a
release or as an accord and satisfaction of any claim the County
may have for further operational sums payable under this
Ordinance or for the performance of any other obligation
hereunder until barred by the Statute of Limitations or the
transpirance of three (3) years, whichever may be shorter.
3.12 Franchise Restrictions
(a) Any franchise granted under this chapter shall be
nonexclusive.
(b) No privilege or exemption shall be granted or
conferred by any franchise granted under this chapter except
those prescribed herein or as mandated by State or Federal law.
(c) Any privilege claimed under any such franchise by
the franchisee in any street or other public property shall be
subordinate to any prior lawful occupancy of the streets or other
public property.
3.13 Renewal Of Franchise
(a) During the 6-month period which begins with the
36th month before the franchise expiration, the franchising
authority may on its own initiative, and shall at the request of
the cable operator, commence proceedings which afford the public
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in the franchise area appropriate notice and participation for
the purpose of:
(1) identifying the future cable-related community
needs and interests; and
(2) reviewing the performance of the cable
operator under the franchise during the then current franchise
term.
(b) Upon completion of a proceeding under subsection
(a), a cable operator seeking renewal of a franchise may, on its
own initiative'or at the request of the County, submit a proposal
for renewal. Any such proposal shall contain such material as
the County may require, including proposals for an upgrade of the
cable system. The County may establish a date by which ~uch
proposal shall be submitted.
(c) Upon submittal by a cable operator of a proposal to
the County for the renewal of a franchise, the County Manager
shall provide prompt public notice of such proposal and, during
the 4-month period which begins on the completion of any
proceedings under subsection (a), renew the franchise or, issue a
preliminary 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:
(1) the cable operator has substantially complied
with the material terms of the existing franchise and with
applicable law;
(2) the quality of the operator's service,
including signal quality, response to consumer complaints, and
billing practices, but without regard to the mix, quality, or
level of cable services or other services provided over the
system, has been reasonable in light of community needs;
(3) 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
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(4) the operator's proposal is reasonable to meet
the future cable-related community needs and interests, taking
into account the cost of meeting such needs and interests.
In any proceeding under this subsection, the cable operator
shall be afforded 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 evidence related to issues raised in the proceeding
under subsection (a)), to require the production of evidence, 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,
and transmit a copy of such decision to the cable operator. Such
decision shall state the reasons therefor.
(d) Any denial of a proposal for renewal shall be based
on one or more adverse findings made with respect to the factors
described in subparagraphs (1) through (4) of subsection (c)
pursuant to the record of the proceeding under subsection (c).
The Board may not base a denial of renewal on a failure to
substantially comply with the material terms of the franchise
under subsection (c)(1) or on events considered under subsection
(c)(2) in any case in which a violation of the franchise or the
events considered under subsection (c)(2) occur after the
effective date of this Ordinance unless the County has provided
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 acquiesced.
(e) Any cable operator whose proposal for renewal 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
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to the provisions 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:
(1) Any action of the Board is not in compliance
with the procedural requirements of this section; or
(2) In the event of a final decision of the Board
denying the renewal proposal, the operator has demonstrated that
the adverse finding of the Board with respect to each of the
factors described in subparagraphs (1) through (4) of subsection
(c) on which the denial ]' based is not supported by a
preponderance of the evidence, based on the record of the
proceeding conducted under subsection (c).
(f) Any decision of the Board on a proposal for renewal
shall not be considered finial unless all administrative review
has occurred or the opportunity therefor has lapsed.
(g) For purposes of this section, the term "franchise
expiration" means the 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 Ordinance.
(h) Notwithstanding the provisions of subsections (a)
through (g) 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
(a) through (g) 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 proposal that is submitted in accordance with subsections
(a) through (g).
(i) In the event the Board elects not to grant a
renewal of the franchise under the provisions of subsection (a)
of this section or in the event a franchise is terminated under
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the provisions of Section 27 of this Ordinance after the
franchise holder has exhausted all administrative and legal
remedies of appeal denying renewal of the f~anchise, the
franchise holder shall have a period of one (1) year to sell its
CATV system to a person approved by the Board for a new
franchise, which approval shall not be unreasonably withheld, or
a period of one year after termination o£ service to remove, at
its expense, all portions of the CATV system from the public
rights-of-way as described in Section 28 of this Ordinance. In
the event suc~ 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
from said public rights-of-way within said period of one ,(1)
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 Section 28 of this Ordinance.
(J) In the period between termination of the franchise
and the granting of another franchise, but not to exceed twelve
12 months, the franchisee shall continue to provide service to
the public as if its franchise were still in effect.
SECTION TWO: AMENDMENT TO SECTION 11 OF COLLIER COUNTY
ORDINANCE 88-90
Section 11 is hereby amended to read as follows:
SECTION 11. INSURANCE
11.1 Insurance
(a) Simultaneously with the execution of the franchise
ag~eemeDt, w~ thirty ~-}~ days aftcr the cffcctivc date e~
~^ ~ .... ~-^ the franchises shall provide proof of general
liability insurance insuring against claims for liability and
damages. The franchises shall maintain said insurance throughout
the term of the franchise and said insurance shall include, at a
minimum, the following types of insurance coverage in amounts not
less than shown:
(1) Worker's Compensation: Coverage to apply for
all employees for Statutory Limits in compliance with the
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applicable state and federal laws. The policy must include
Employers' Liability with a limit of $500,000 each accident.
(2) Comprehensive General Liability': Shall have
minimum limits of $1,000,000 Per Occurrence Combined Single Limit
for Bodily Injury Liability and Property Damage Liability. This
shall include premises and/or Operations, Independent
Contractors, and Subcontractors and/or Completed Operations,
Broad Form Property Damage, XCU Coverage, and a Contractual
Liability Endorsement.
'(3) Business Auto Policy: Shall have minimum
limits of $1,000,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This
shall include Owned Vehicles, Hired and Non-Owned Vehicles ,and
Employee Non-Ownership.
(b) 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
Manager during the term of franchise.
(c) The insurance coverage and policy requirements may
be changed and increased from time to time at the discretion of
the Board of County Commissioners to reflect changing liability
exposure and limits.
(d) Nothing herein is intended as a limitation to the
extent of any legal liability of the franchises.
11.2 Insurance Policy Provisions
(a) Resident Coupany and Agent: All insurance policies
and bonds as are required of a franchises in this Ordinance shall
be written by a company or companies authorized and qualified to
do business in the State of Florida, and have a minimum rating of
"A XX" in Best's Rating Guit.a.
(b) Certificates and Renewals: Certificates and
renewals of all coverage required shall be promptly filed by the
franchisee with the County Manager. Each policy shall require
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notice and the franchises shall notify the County within thirty
(30) days of any cancellation or modification of any insurance
coverage required by this Ordinance, which notice shall be sent
by registered mail to the County Manager or his designee.
Renewal certificates shall be filed with the County no less than
thirty (30) days prior to the policy expiration date.
(c) Additional Insured: Collier County shall be
included as an additional insured on both the Comprehensive
General Liability and Business Auto Liability policies.
(d) Premium Payment: 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. ,
(e) No franchise granted under this Ordinance 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.
(f) Neither the provisions of this Section, nor the
acceptance of any bonds by the County pursuant to this Ordinance,
nor any damages received by the County thereunder, shall be
construed to excuse performance by a franchises or limit the
liability of a franchises for damages to the full amount of the
bonds or otherwise.
SECTION THREE: AMENDMI:]~ TO SECTION 12 OF COLLIER COUNTY
ORDINA}[CE 88-90
Section 12 is hereby amended to read as follows:
SECTION 12. BONDING REQUIREMENTS
12.1. Construction Bond
(a) Simultaneously with the execution of the franchise
a_~reement. the franchisee shall The f-~ shalltee rcquircd
~y ithi ~ ......... ~ ......
~dinancc, post with the County either a construction bond or an
irrevocable letter of credit issued by a Florida bank or a
federally insured lending institution in an amount equal to one
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hundred and ten percent (110%) of the projected cost of
construction and installation of the system. Existing
franchisees shall post such a bond or irrevocable letter of
credit with the County and as required by the County Manager at
the same time as and in conjunction with submission of a
construction plan or reconstruction plan as required by Section
17.1 herein, and in any event at least thirty (30) days prior to
the start of construction or reconstruction. Said bond or letter
of credit will be returned at the end of six (6) years to the
franchisee or ~t such prior time as the system has been completed
and approved by the County, provided:
(1) That the franchisee has met or exceeded the
construction schedule required by Section 5 and Section 17; and
(2) That the franchisee has in good faith complied
with all terms and conditio~ms of the franchise agreement and all
provisions of this Ordinance as well as the rules and regulations
herein required and permitted:
(b) If the franchisee submits a cable system
construction or reconstruction map and schedule pursuant to
Section 17.1 of this Ordinance which provides fcr construction of
the system in progressive stages to provide service to specified
and definitive sections of his franchise area, the franchisee may
submit a construction bond or irrevocable letter of credit equal
only to one hundred and ten percent (110%) of the projected cost
of construction and installation of each specified and definitive
section of the system in lieu of the bond or letter of credit
required by 12.1(a) of this Section; provided, however, 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.
(c) If the franchisee shall fail to perform the
obligations heretofore set out in this section, the franchisee
shall forfeit in total to the County the hereinabove referenced
construction bond.
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(d) Said construction bond shall not be in lieu of any
other guarantee or indemnification required by this Ordinance and
shall be in addition to the performance bond or irrevocable
letter of credit required in Section 12.2(a).
12.2 Permanent Performance And Payment Bond
(a) Simultaneousiv with the execution of the franchise
aqreement or assiqnment of frapchise in the case of a transfer.
the fr~nchisee shall ~ ' .... ~-^^ e~ w4thin t-~ '~
~ .... e~ ths cffcctiv= d~te e~ e ehte/~{-~ ~ntcd ~ndcP
this ~-~ ..... 'e~ w4~ ~ dayu ~ the .... ~-- ~ e ~ e
~ ~~ ~ e ~ .... ~-- existin~ --~-- ~ this Ordinancc
furnish to the County a perfomance bond or an irrevocable letter
of credit issued by a Florida bank or a federally insured len4ing
institution in the amount of One Hundred Thousand Dollars
($100,000). The perromance bond or letter of credit shall be
used to guarantee the compliance with perfomance requirements
and pa~ent of all sums which may become due to the County under
this Ordinance and/or under any franchise agreement entered into
by the County and franchisee. The perfomance bond or letter of
credit shall be maintained in the full amount specified herein
throughout the term of the franchise and for one (1) year after
the franchise e~ires or is te~inated, without reduction or
allowances for any amounts which are withdrawn or paid pursuant
to this Ordinance.
(b) All CA~ operators in the unincorporated areas of
Collier County who posses a valid, current franchise, that is in
good standing, to operate a CA~ operation as of the effective
date of this Ordinance shall not be required to furnish a
perfomance bond until such time as current franchise expiration,
transfer, or renewal. Current franchisees may negotiate
accelerated franchise renewals pursuant to subsection 3.7 of this
Ordinance.
(c) The rights reserved to the County with respect to
the bond or the letter of credit are in addition to all other
rights of the County.
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SECTION FOURZ AMENDI(ENT TO SECTION 17 OF COUNTY ORDINANCE
NO. 88-90
Section 17 is hereby amended to read as follows:
SECTION 17. CABLE SYSTEM CONSTRUCTION
17.1 Construction Hay and Schedule
Franchises shall submit a construction plan or reconstruction
plan which shall be incorporated by reference and made a part of
the franchise agreement. The plan shall include cable system
design details, equipment specifications, and design performance
criteria. The plan shall also include a map of the entire
franchise area and shall clearly delineate the following:
(a) Areas within the franchise area where the cable
system will be initially available to subscribers including a
schedule of construction for each year that construction or
reconstruction is proposed; and
(b) Areas within the franchise area where extension of
the cable system cannot reasonably be done due to lack of present
or planned development or other similar reasons, 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 Manager's office at least ninety (90)
days prior to the start of construction or reconstructionT~
unleSS the County aqre~s to a lesser time period.
17.2 Early Construction and Extension
Nothing in this section shall prevent the franchises from
constructing or reconstructing the cable system earlier than
planned. However, any delay in the cable system construction
beyond the times specified in the plan report timetable shall
require application to and consent by the Board.
17.3 Delay in Construction Timetable
Any delay beyond the terms of construction or reconstruction
timetable, unless approved by the Board, will be considered a
violation of this Ordinance for which the provisions of Section
26 shall apply as determined by the Board.
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17.4 Commencement of Construction Or Reconstruction
Construction or reconstruction in accordance with the plan
submitted by franchisee shall commence as soon after the grant
and acceptance of a franchise as is reasonably possible. Failure
to proceed expeditiously shall be grounds for revocation of a
franchise. Failure to proceed expeditiously shall be presumed in
the event construction or reconstruction is not commenced within
twelve (12) months of the grant and acceptance of a franchise.
17.5 Additional Mandatory Extension
Extension 'of a cable system into any area not specifically
treated in the plan shall nonetheless be required if the terms of
any of the following conditions are met:
(a) Mandatory Extension Rule ,
Franchises shall extend cable system upon request to any
contiguous area not designated for initial cable service in the
construction plan when potential unserved subscribers can be
served by extension of cable system past dwelling units
equivalent to a density of thirty-five (35) homes per street
mile.
(b) Early Extension
In areas not meeting the requirements for mandatory extension
of cable service, franchisee shall provide, upon the request of
five (5) or more potential subscribers desiring cable service, an
estimate of the costs required to extend cable service to said
subscribers. Franchisee shall then extend cable service upon
request of said potential subscribers according to the existing
rate schedule. Franchisee may require advance payment or
assurance of payment satisfactory to franchisee. The amount paid
by subscribers for early extension shall be non-refundable, and
in the event the area subsequently reaches the density required
for mandatory extension, such payments shall be treated as
consideration for early extension.
17.6 Prior Approval By County
Except for individual service drops, the franchises shall not
erect any pole, run any line, make any attachment, nor shall any
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construction on public property and related to the delivery of
cable services be commenced without the prior approval of the
Public Works Administrator. Prior to the issuance of such
approval, the franch~see shall submit to the Public Works
Administrator:
(a) Strand maps of the system authorized by the
proposed franchise showing plant routing, utility company poles
to which the system facilities are to be attached; and
(b) True copies of all pole attachment agreements made
by the franchi~ee with United Telephone Company and Florida Power
and Light Company and any other utility or company to which an
attachment is to be made.
17.7. County's Right To Inspect
The County shall have and maintain the right to inspect the
installation, construction, operation and maintenance of the
system by the franchisee to insure the proper performance of the
terms of this Ordinance.
17.8 Joint Or Common Use Of Poles
(a) 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
serving the County or serving the public convenience. However,
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 expense
whenever the Public Works Administrator determines it to be
necessary in conjunction with a County Project.
(b) The County shall be permitted to make use of the
poles or other wire holding structures of the franchisee, without
charge or remuneration to the franchisee, if the Public Works
Administrator determines that the use would enhance the public
convenience and would not unduly damage, hamper or interfere with
the franchisee's present and future operations.
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17.9 Permits, Easements and Agreements
The County shall not be required to assume any responsibility
for the securing of any rights-of-way or easements,'nor shall the
County be responsible for securing any permits or agreements with
other persons or utilities.
17.10 Location/Relocation Of Facilities
(a) Franchisee's system may be installed above ground
in areas where existing power or telephone facilities are above
ground, and shall be installed underground in areas where
existing power and telephone facilities are installed
underground. The franchisee shall endeavor to enter into
agreements for the purpose of sharing poles with any person, firm
or corporation now or hereafter authorized by license, franchise
or otherwise to erect and maintain overhead or underground wires
and cables, it being the intent hereof that all above-ground
installations of CATV systems shall be accomplished on existing
utility poles and easements where feasible, and installed only
parallel to existing facilities. Where new poles are installed,
prior approval of the Public Works Administrator as to location
must be received.
(b) 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.
(c) Franchisees shall relocate any above-ground portion
of their systems underground in any County easement or
right-of-way area where existing power and telephone facilities
are hereafter so relocated unless franchisee elects to purchase
said poles owned by utility company or is permitted to remain on
- 24 -
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said poles pursuant to contractual pole attachment agreements.
Any such relation shall be at their expense, and such relocation
shall be accomplished concurrently with relocation of any such
power and telephone facilities.
(d) The franchisee shall have the authority to trim
trees upon or overhanging streets, alleys, sidewalks and public
ways and 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
County. At the option of the County, such tri~uning may be done
by it or under its supervision and direction at the expense of
the franchisee, if prior notification has been given to the
franchisee and franchisee thereafter failed to respond.
(e) Franchisees shall promptly, upon the County's
request and at their own expense, modify or relocate when
necessary, any part of their systems to accommodate the
abandonment of any street.
(f) No location of any underground or above-ground
facility or structure of any franchisee on public property shall
be a vested interest, and such poles or structures shall be
removed or modified by a franchisee at its own expense whenever
the County determines that the public convenience would be
enhanced thereby.
17.11. Safety
(a) Franchisee's work performance, equipment and Job
sites shall be in compliance with all applicable State and
Federal requirements. 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 the
portion of the streets involved or adjacent property.
(b) Franchisee shall at all times employ due care and
shall install, maintain and use commonly accepted methods and
devices for preventing failures and accidents which are likely to
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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 at all times be kept and maintained in a safe,
suitable, substantial condition, and in good order and repair.
Franchises shall install and maintain its wires, cables, fixtures
and other equipment in accordance with the requirements of the
National Electrical Safety Code promulgated by the National
Bureau of Standards, the National Electrical Code of the American
Insurance Ass6ciation, and the Bell System Code of Pole Line
Construction.
17.12. Inspection And Performance Test
(a) The County shall have the right to make Such
inspections as it shall find necessary to insure compliance with
terms of this franchise and other pertinent provisions of law.
The County shall have the right to require the franchises to
provide and keep accurate calibrated test equipment imx..ediately
available for use in the County for the testing of all service
and operation standards in this Ordinance and the franchises
shall conduct such tests as requested by the County in order to
establish the level of performance of the system.
(b) The franchises shall furnish the County Manager
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. Franchises shall pay the costs incurred by the
County for any technical assistance deemed necessary by the
Count., for obtaining independent verification of technical
compliance with all standards. Reports covering the following
will be maintained and made available to the County Manager upon
request:
(1) Complaints, numbers, nature and corrective
actions taken, as required by Section 30.2(d) herein.
- 26 -
Words underlined are added; words -~ .... "~ ..... ~ are deleted.
(2) Progress of system expansion and number of
subscribers.
17.13. Transfer Prohibited
(a) A franchises shall not assign, sell or transfer its
plant or system or any portion thereof, nor any right, title or
interest in same, nor shall a franchisee transfer or assign any
right under this Ordinance or under a franchise agreement to any
other person without prior approval of the County, which approval
shall not be unreasonably withheld, and only then upon such
conditions as' the County deems necessary and proper. Prior
approval of the County shall be required where ownership or
control of more than thirty percent (30%) of the right of control
of franchises is assigned to or acquired by a person or grou~ of
persons acting in concert, none of whom already own or control
thirty percent (30%) or more of such right of control, singularly
or collectively.
(b) 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 3.3(a),
(b) and (c) herein and must agree to comply with all provisions
of this Ordinance before the County may approve such transfer.
SECTION FIVEs CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provisions and such holding shall not
affect the validity of the remaining portion.
SECTION SIX~ INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
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SECTION SEVENz EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this c~ day of ~2/n .,~/ ,
XTTEST: .'.;.., BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCk, Clerk COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
}i~idi' F1 Ashton '
Assistant County Attorney
This ordinance flied ~l~'h
Secretary o <, e' .~ ic ..~
- 28 -
Words undeTlined are added; words e4ePuck through are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-15
Which was adopted by the Board of County Commissioners on the 26th day
of March, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of March, 1996.
~C. 1 r
DWIGHT E. BROCK . ~;.,~ ... : ~. ~o! ~
Clerk of Courts an, ~ · e'k ~-" '7. '..'~ '. '~'.'
Ex-officio to BoarS'of.... .... -..'..'.;
County CommissionS' "= '.' ,~'~'.= ~f~': ~
By: /s/Ellie Hoffman, 0U~'(~
Deputy Clerk