Ordinance 94-12 M~ ORDINANC~ AHENDING COIJ~TER ~
2~ON 2, ~DIN6 FOR ~S
MODIFI~TION OF ~ISE R~ISIONSI ~IN~
S~ON 2 ~, ~D~C FOR MODIH~ON OF
S~ON 3 0, ~DI~6 FOR
CON~ ~ION ~OVISION8I ~DINC FOR
SE~ON 30A ~N~IN6 ~ ~~ON
~DING FOR ~N~I~ ~ S~ILI~ ~D
~DING ~ ~~ DA~.
~, ~e Board of C~ty C~issioners of Collier County,
Fl~l~ ena~ed C~nt~ ~dinance No. 88-90, ~e Collier County
~le Tel~isi~ ~anchise ~di~nce ~ N~ 15, 19885 and
~, ~e Board of C~nty C~issl~ers of Collier C~nty,
Fluids is desirous of ' amending ceml~ pr~lslons of the
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~22I~ OF ~ ~, ~DA ~T:
,.~
, _ IS-g0
.... Se~l~ 2 ~s hare~ uend~ to read as fo11~z
~ON 2. DENITIONS
..... F~ ~e ross of ~s ~d~nancm,
~ p~asesr ~rds and ~e~r derivative shall have ~e meaning given
h~min ~lesw ~e conts~ clearly ~nd~tes
Is tnte~ed. ~en not inconsistent wi~ the conrad, words used
~ ~e ~esent tense include the future, ~ds In ~e plural
mr include ~e sin~lar n~r, and w~ds in the sin~lar
mr include ~e plural.
,~. 2.1 'Access ~annel' means a channel dedl~ted In ~ole or
In p~ to l~al pr~aning which is not ~igi~ted ~ a cable
c~a~ a~ shall include facilities and ~l~ent, ~ich the
licenses shall ~ke available without charge to the Board of
C~ty C~issioners and Collier Co~ty School Board for the
~se of transmitting pr~a~ing ~ the ~blic, as well as
~ gove~ental and educational agencies.
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'~ Wo~s ~ are add~I vords =~r~;~ ~- ...... are deleted,
2.2 'Audio Channels means a band .of frsqu~nciss in the
electrosa~netio spectrum which is capable of carrying one (1)
audio slgmmal.
2.3 "Basic 2styIce" means any tier of Is.ice which includes
rattan.mission of local television broadcast signals and the
'.,, public, educational and governmental access channels.
?" 2 · 4 "Board" means the Board of County Gemmiss ionerl of .,,
Collier County, Florida, or its dssignes, or any successor to the ~
powers of the Board.
2.5 "Community Antenna Television System, Cable Television
Communication System and CATV" for the purpose of this Ordinance,
are synonymous terms, describing a system which may employ
antennae, micro-wave, wires, wave-guides, coaxial cables, fiber
optics or other conductors, equipment or facilities, designed,
~ons~ructed or used for the purpose ors
1. Collecting and amplifying local and distant
broadcast television or radio' slgnals and distributing and
transmitting them~
2. Transmitting original cablecast programming not
received from television broadcast stgnals$
3. Transmitting television ptctures$ file and video
tape programs, not received through broadcast television
channels, whether or not encoded or processed to permit reception
by only selected recelvsrs~ eRa or
4. Transmitting and receiving ell other signals,
Including digital, voice and audio-visual/ provided, however,
that any of the services permitted hereunder to be performed,
described in this par.graph, shall be those performed by or
through the franchises for subscribers, as heroin defined, in the
operation of a cable television system franchlsed by the County.
Such term does not include:
1. A facility or combination of facilities that serves
only to retransmlt the television signals of one or more
television broadcast statlons$
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Words ~ are addedl words ='-r~ch ........ are deleted.
~.~ 2. A facility or combination o£ facilities that serves
~ only subscribers in one or more multiple unit dwellings under
canon ownership, control, or management, unless such facility or
facilities use any public right-of-way or utility easement~
3. A £aciltty 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 programming
directly to subscribers:
4. Any facilities of any electric utility used solely
for operating its electric utility system.
:
'~!' 2.6 sChannels Beans a signaling path or portion of the
" electromagnetic frequency spectrum which is used in a cable
system and which is capabls of delivering a television channel as
defined by the tonisolon (rcc) by regulation.
2.7 weanrafters means an electronic device which converts
signals not susceptible to reception by the television receiver
of the subsortber to a signal Which is susceptible of reception,
and by an appropriate channel selector also permits the
subscriber to view all signals delivered at designated dial
2.8 'Cotmtys leans Collier County, Florida.
2.9 sCounty Managers means the County Kanager of Collier
Florida, or his designee, or any successor to the powers
· of the County Manager. '
~; 2.10 sCounty Attorney" means the County Attorney o~ Collier
County, Florida, or his designee, or any successor to the powers
of the County Attorney.
2.11 sData Channel" means a bend of frequencies in the
electromagnetic spectrum which is capable of carrying one (1) :_,,
data signal.
2~12 sFCCo means the Federal Communications Commission, or
its designee, or any successor to the powers of the FCC.
2.13 "FCC Approval" means any necessary authorization by the
FCC to operate a CAW system in the County pursuant to the
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Words ~ are added; words :~.==h '..~=~;~ are deleted, ~
eomsunieations AGt: off I934, as amended, and all applicable
regulations,
2,14 "Franchises moans the nonexclusive initial authorization
or rental thereof ~rantod by the county to construct, install,
operate and ~aintain a CATV system upon the streets, public ways
and right-of-~ays within a specifically dssi~nated franchise'area
o£ Collier County whether such franchise is designated as a
franchise, permit, license, resolution, contract, certificate,
agreement, or otherwise.
2.15 eFranchiseos means the person granted a CATV franchise
or anyone who succeeds the person in accordance with the
provisions of this franchise ordinance, or anyone who holds a
franchise granted by the County prior to enactment of this
Ordinance,
ekaqtmr &Rt~44-kq~R eheeee~ ~ _'icc;.=.=:c
2.16 wdross Revenuesu includes. but is not limited
monthly ream charted subscribers ~or basic service~ monthly ~ee-
char~ed subscribers ~or any proalum service: installation and
convertins leasins ~ees or charqes: advertisina revenues
administrative fees from delina~ent subscribers and/or delin~eq~
advertiser accounts; dishonored check charsos: capita
reimbursements from subscribers., ~romotional ~ees from
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Words ~ are added; words :'.:=:~ '..%;;=~,% are deleted,
' _l~p~__t[ffsf t~er rentalms hem (or_collection oe ~ate sales taxi
Board of County Co~missioners specifically reserves the riaht to
" amend this definition from time to time to account for changes in
technolOqV. Gross revenues shall not include any taxes on
services furnished by the franchisee which are imposed upon any
~:': subscriber or user by the state. County. or other aover~mental
· unit and collected by the franchisee on behalt~ of said
severnmental unit. The franchise ~ee is not such a tax.
2.17 ~Instituttonal CabIs' means the Communications Network
constructed or operated by the cable company and which is
9ensrally available only to subscribers who are not residential
subscribers.
2.18 'Commercial Use (lease) Channels means a video and/or
audio or data channel which ths franchises say make availabls on
terms for commercial use by persons una£Ziliated with the
franchisee for the purpose of transmitting programming, providing
services, or exchanging information.
2.19 'Local Origination Programming' means programming that
is either produced by the franchisee or is obtained from another
source for transmission on the franchiseo's local origination
channels.
2.20 s~ay' is permissive.
2,21 "Pay Televisions means the delivery over the community
antenna television system of video signals in intelligible form
to subscribers for a fee or chargq (over and above the charge for
basic or tiered service) on a per program, per channel or other
subscription basis.
'~, 2.22 'Person" means any individual, partnership, Joint
:t' venture, association, Joint stock company, trust, firm,
., corporation, club, society, governmental entity, or other legally
recognized entity, whether for profit or not for profit, or any
lawful successor, transferee or assignee of said entity.
;,. Words 1~ are added1 words =tr~:~ t,~;~.~. ~re deleted.
2,23 "Frot:az't:y of franchiseas means all property owned,
~ installed, or used by a franchises in the conduct of a CATV
~ business in the County under the authority of s franchise granted ~,
,i~.' pursuant to this Ordinance, or pursuant to a franchise agreement,'
2.24 -Public Notice" means publication of notice of the time,
place and purpose of a hearing at least twice in a newspaper of
general circulation in Collier County with the first publication
not less than fourteen (14) days prior to the hearing and the
L,- second to be not less than five (5) days prior to the hearing.
2.25 sPublic Streets means the surface of and the space above
and below any street, terrace, avenue, road, highway, freeway,
bridge, land, path, alley, c.ourt, aidewalk, parkway, drive,
boulevard, or other public way, nov laid out or dedicated, and
all extensions thereof and all additions thereto, within the ,.
r'.,.: unJJlcorporated areas of the County and subject: to the control of
Collier County.
2°26 sPubltc Works Administrators means the Public Works
Administrator of Collier County, Florida, or his destines, or any ,~;
:,.- successor to the powers of the Public Works Administrator. :
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2,27 'Residential Subscribers means a subscriber who receives
any cable television service in an individual dwelling unit or
multiple dwelling where the service is not to be utilized in
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connection with a business, trade or profession.
./ 2,28 "Public School' means any institution of the Collier
County Public School System, or any duly s~atm accredited iocal ":
college or university, within the unincorporatsd areas of Collier
.:
2.29 eServics~ means any subscriber servicm, whether or not
originated by the franchises which is distributed over the
;' franchisee's distribution system on any channel.
2,30 'Shall' and 'Will' are mandatory, not merely directlye.
2.31 'Signal' means any transmission of radio frequency
,. east97 or of optical information.
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Words it~ are addedi words $'-r-'-:.'. '_;;;=;.'. are deleted.
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~ 2,32 eSubscrlb~rs means any person or entity receiving for
,,. an~ purpose any ss~cs ~lded ~ the cable ~eratcr.
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' b~l~ 3 i9 here~ ueMed to read a9
~~ 3 · ~ISIN~ ~SIONS
3.1 ~anchise ~ir~
(a) ~y individual, pa~nersh~p, co~oration or ~her
enti~ desir~n~ to ins~ll and/or operate an~ ~ble television
~s~ In ~e ~in~ated area oZ Collier C~nty shall appl~
~ ~ ~e Board f~ a Zranchise ~rsuant to ~is ~dinance.
is~ce oZ a Zranchise ~r~ant to ~ls ~dinance shall all~
~e Zranchises to install, const~, ~intain and operate a
~.,.
~s~ oZ ~lgina~lon, tran~lssi~ and distri~tion oZ
ele~lc s~als ~ cable and ass~iated and similar devices
~l~i~, ~t n~ limited, to ins~llation alon~, under,
~, a~oss ~d u~n ~e ~lic ri~h~-oZ~ay in accordance
wl~ ~e additional r~ir~ents oZ ~is ~di~nce ~h~t the
~], ~ea ~lch is des~i~d in ~e Zranchise a;e~ent and for which
~ a~al has ~en ~eceived. ~ior to a~ installation or
~~lon, ~e Zranchisee shall a~ly to ~e C~ty for a
~i~, ~anti~g ~e privil~e to install, const~, ~in~ain
~ ~rate a ~ ~stem along, under, ~er, ~h, a~oss and
u~n ~e ~lic rights-oZ~ay ~der ~e ~isdi~ion o~ the
t,. C~ty Ln acc~ance wi~ ~ch ~les and r~lat~ons as shall
reckended ~ ~e C~ty ~gineer and a~r~ed ~ ~e Board.
~ (b) It shall ~ a violation ot ~is ~dinance to
;:' cmence or en~age in the const~ion, ~eration or maintena~ce
%.. ot a cable systH In Collier County ~lth~t ~lrst having obtained
a ~ble trenchlee awarded ~ the Board ot C~ty C~issioners.
3.2 ~anchise Award
~.' Nonexclusive franchises ey ~ avard~ ~ ~e Board o~ County
~:~ Cmissioners Zor all or any portion o~ the County to applicants
u~n a ~inding that such a~ard is consistent wi~ ~e ~blic
interest, t~ers ~e goal o~ pr~iding eZficient aW se~ice
Words ~ are added~ words :~r;c~ ~:;=;~ are deleted.
to sll residents o£ the unincorporated areas o£ the County and
does not result In saterial abuse o£ County streets, easements
and rights-of-way, and after consideration of the factors
referred to in Section 3.6(a) o£ this Ordinance. The County
shall adopt by resolution such application forms and other
administrative procedures and fees as are deemed necessary and
;~. desirable for efficient administration o£ this Ordinance.
~ 3,3 Franchise Xpplication Procedures Information Required.
All applications to construct, operate, or maintain any CAW
s~stem in the unincorporatad areas or to traverse any portion of
those areas for the transmitting or conveying of such service
slsewhers, shall be filed with ths Board or such office of the
~ County as the Board may designate by resolution, and each such
~ application shall set forth, contain, or be accompanied by ths
follcwln~z
(a) The name, address and telephone rambar of the
applicant ·
',*.-:~, (b) A detailed statement of the corporate or other
,,. business entity organization of the applicant, including but not
!.,
~ limited to the
(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 (1St) or sore 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 oZ the applicant and of any other business entity
ownin~ or controllin~ in whole or in part of owned or controlled
in whole or in part by the applicant·
(4) A detailed and complete financial statement of
the applicant, prepared by a certified public accountant, for the
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Words ~ are added; words :'-r==:: '~ ...... ars deleted.
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'.;: application hereunder, or a letter or other acceptable evidence .~
in w~itlng frn a resinsibis lending institution or funding
'?~: s~, adZessad to ~ ~s a~lt~n~ and ~. C~nty, setting
f~ a clear s~t~snt oZ its tntsn~ as a ls~tng institution or
f~di~ s~cs to ~lds ~atsver capital shall ~ retired ~
, ~e a~li~nt to c~s~ and ~rate ~s ~sed ~stn in the
~/, ~, IZ ~s co~a~ or ~siness sntt~ organization oE ~s
a~ll~nt has no~ ~en In existence ~or a full five f51 years,
a~liunt shall ~tt a ossified financial s~tement ~or the
~, ~rt~ o~ its existence.
'~ (5) A d~tlld des~l~t~ of all ~evt~s
I;rlence nf the a~ltcant In prwldtn~ ~ se~tcel or related
ff sbllar sewices ~lch Includes a s~telnt tdent~ytnq, ~
· . place a~ date, any other cable tel~tst~ franchise(s) avarded
~ ~e a~l~cant, Lts parent or subsldla~l the status o~ laid
~an~lse(s) vlth zespe~ to c~lett~ ~ereofl ~e total cost
"' of ~letton o~ such ~sta(s)~ and ~e n~t o~ a~ltcant~s
~ t~ parent's or ~ldla~s restcos c~tted to the
;lotion ~ereo~.
(c) A de~tl~ ~t~nctal plan {~o f~) des~tbtn;
f~ ea~ year oZ ~e franchise, ~oJe~ mr o~ ~bs~t~rs,
rates, all r~e~es, qrati~ e~nses, capt.1 ~endtt=es,
delectation schedules, lnc~e statements, a~ statement of
I~cel and uses o~ ~ds. ,.
· (d} A detailed des~tp~lon o~ ~e proposed plan of
.'* ~ratlon o~. ~e applicant, ~lch shall Include, ~t not ~
lhlt~ to ~e ~oll~1ngz
[*. (1) A defiled ~p lndtca~t~ all areas ~osed
to h se~ed, a proposed time schedulo for the installation o~
all ~t~ent necessa~ to ~cne o~ratlonal throughout the
entire area to ~ se~ed, and the proJe~ total cost
const~ton oZ the system.
Words ~ are addsdi vords e4~aek-ekt~qk ~rs deleted.
(2} A statement ~ schedule setting forth sll
~ropossd classifications of rates and charges to be ,ads against
subse~ibers and all rates and charges as to each of any said
classifications, including instsllation charges, service charges,
special, extraordinary, or other charges· 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.
(e) A copy of the form of any agreement, understanding,
or ~ther instrument proposed to be entered into between the
applicant and any subscriber.
(f) A detailed statement settln~ forth in its entirety
an~ and all agreements and understandin~s, whether formal or
informal, written, oral, or implied, existing or proposed to
exist between the applicant and any person, fLrm or corporation
which may affec~ control or operation of the s~stem contrary to
this Ordinance, as amended, or a franchise agreement.
(g} A copy of any 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 limited 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 325 as
sulmitted to .the FCC.
(i) Any other reasonable information which could
materially affect the granting of the franchise and which is
requested by the County.
3.4 Application Fee
(a) Each orlginal~ eeReve~r or transfer application
submitted for a franchise under the provisions of this article
shall be accompanied by a non-refundable application fee ~ ea
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Words ~ are addedl... Words =~.z-=="_ '.hr==g.~. are deleted.
.~..
the a~ount of $10,000.00 to of£set the reasonable cost
processing and evaluating said application for conformity with '!~
the provisions and conditions of this Ordinance including, but
not llsitsd to, the payment of consultantst fees; provided,
however, that the Board reserves the right to require
reisbursesent to the County of all costs of processing and
evaluating any application, even in excess of $10,000.00, if such
extraordinary costs are determined by the Board ~ to
be necessar~ for the proper evaluation of such application. Each
renewal a~lication submitted for a franchise under
provisions of this article shall be acc~anied ~v a
non-refundable a~lication fee in the amount of Five Thousan~
Dollars (55.000.00} to offset the reasonable costs of urocessina
and evaluatina said a~lication. provided. however. if such cOSt-
exceed Five Thousand Dollars f S5. 000.00~. then the franchis-
holder shall be rexoonsible for any additional costs u~ tO ~
maximum of an a~ditional Five Thousand Dollars (55.000.00}.
(b) Each franchise holder filing an application for
expansion of its designated franchise area shall pay such
application fee as is required by subsection (a) of this Section
3,4.
3.5 Pub].:la Hearing' On Applications
(a) Upon receiF'c of an a~lication for a franchise
m,daittsd under the provisions of this aFtJ. cle and vithin 90
days, or such extended period of time as the Board may approve
upon request .by the Hana9er, the County !{ariaget shall revie~ the
application ~or sufficiency and compliance with Section 3.3
hereinabove. If the County Kana~er finds that the application is
incomplete, he shall return it to the applicant with a letter
describing any and all insufficiencios found in the application.
The applicant may then reapply for a franchise upon correcting
the deficiencies noted by the County Hanager. Upon receipt of
the revised and amended application, the County Hanager shall
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Words ~ are added] words :~.r---=.~. -~ ...... are deleted.
rsvl,v the application within a ninety-day {90) period. Upon
. r,view and after finding that the application Is complete and in
compliance with Section 3.3, the County Manager shall make a
recommendation to ths Board regardin~ 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 Managex, 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 C~W
franchise. Said notice shall name the applicant# describ~ the
~ proposmt ssrvics area, invits the filing of an application under
the provisions of this ~rticle by all p~rsons interested in
I;;. establishing a CATV system in the proposed service area, invite
objection, to the establi,hment of a CAlf systmm in the propossd
· styice arsa from sxi,ttng CATV systems and the gansral public
and set a time and dats certain, at lea,t twenty-five (25} days
from the date of the first publication of the notice, for a
public hsartng on all applications filed for the establishment of
a C~TV system in said proposed service area and for all
" objections to the e,tablishment of such CAT system. Any written
report,, ,tudia, or material, to b, con,idsrsd by the Board of
· / County Commissioners at the public hearing must b, submitt~i to
~ the County ]4anagsr', office within fifteen (15) days from ths
~- date of the first publication of notice of the publeo hearing.
(c) ~ha initial application and all subsequent
applications-received prior to the public hearing shall be a
matter of publeo record. Any application may be amendsd in
.~.
writing at any time prior to the date of the public hearing. No
amendments to filed applications, oral or written, and no new
applications shell be received after the time and date set for
the public hearing or a continued public hearing. The public
hearing may be continued from time to time and from place to
~OOK
Words N~are added~ words =~r~=h ~k;~ are deleted.
3.6 Zssuance Of Franchise
Ca) The Board atay issue one (1) or aora franchises
from ~ha applications filed and considered at s public hearing.
The Board, shall, prior to an issuance of a franchise, consider
the information and criteria required by this Ordinance, and any
other lnforsation At deems appropriate in making a determination
to issue a franchise. During the public hearing the Board of
C~mty C~ssissioners shall also consider, investigate and me
findir~/s re~arding the follo~ing:
(1) The economic impact: upon private property
within the franchise areaX
(2) The public need for such a franchise, if anyX
+t+ 121 The capacity of public rights-of-way to
accommodate the cable system;
,e, f41 The present and future use of the public
rlghts-of-~ay to bs used by the cable sy. stem;
"' fSl The potential disruption to existing
users of the public rtgh~s-of-vay to be used by the cable system
and the resultant inconvenience which may occur to the public;
{7) f61 The financial ability of the franchise
applicant to parlors and to sake the necessary Investment to
erect, operate and maintain the cabIs system]
· st i71 The experience of the applicant in the
erection, operation and maintenance of a CiTY system~
'^' iS} The location and type of permansn~
facilities proposed to be constructed for the cable system.
~'^~ [91 The technical quality and completeness of
the proposed plan for operation of the cable system.
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Words ~ are added; words :'-r;;'_ ',,'.=;;;~ are deleted.
~.. ,--r tXOt ~he requisite le~al~ character, ...~
~inanolal, technical and ~her quali~ications necesaa~/
(b) In ~nsiderinq ~s desirability
~a~ ubls ~rat~, ~e Board o~ C~ty Cmissioners shall
hlanu ~s desirability to F~ots c~titt~ in the ~ble
~1~1s1~ indus~ so as to ~ote a diversl~ o~ lnf~a~ton
~ ~e F~tst~ o~ hi~h~a11~ ~ls s~lus at ~s l~est
~ic Flu aqatut ~e messenable dls~tion o~ private and
~lic ~~y ~ mltipls cable ~eratlons. ~enors,
~e ~ty ~ants a franchise f~ an additional cable ~erator or
~a~s a merit ~rat~'s ~ranchiss, ~e C~nty may iqose
n~ c~iti~s as it dens nscsssa~ and ~r.
,:
~' (c) ~e ~a~ o~ C~nty Cmlssioners has the auth~lty
~ r~in an e~ ~ m~ltant to c~u~ a s~dy aC a~ time
in ~der to detenlne ~er ~e C~ty As able to handle an
~e:~tld or ~srla~ franchises, econ~lnlly or Fa~lcally,
~::~ ~ f~ q ~er ~e ~i~ ~e ~ dem n~ess~ in order
::. ~ ad~atsly mluate a franchise a~lt~tl~. ~y resultln9
~:~ ~ees ~ e~ues o~ e~s or con~l~n~ ~e to ~ ~e ~ ~e
~ff, a~ll~nt.
(d) ~a ~d shall vote and ~e:ea~ter notify
:' ~lti~ all a~ltnn~ o~ its decision width ~t~y (30) days
~r~ ~e adJaent o~ said ~lic he~inq. Said notice shall
~ct~y ~e afornentton~ ~a~s ~t were det~lutlve
decision. All o~ ~e statements and declarations contained in
~e a~ltcatlon shall ~ tnco~rated as co~itlons and ~tarial
r~resen~tiou o~ any franchise ~at As ls~ ~ ~e Board, and
~e ~each of a~ of such conditions a~ raptascriPtions shall
~, ~nstttute cause for tealnation o~ the ~ranchtse ~ ~e Board.
3.7 Ten Ot ~anchise
No ~ranchise shall ~ Asked for a ten Ionget than
;1~ ten fl0) years. All ~ent ~ franchise a~eements shall
r~in in e~fect until their respe~ive date o~ e~iratton,
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,. Words ~ are added/wo~s :~r;:~ ~;u;.~ Are deleted.
subJsc~ to any provisions of this Ordinance dtssed applicable to
existin~ franchiseel. Rowever, any francbAsel holdin~ a current
franchise under any previous ordinance or franchise agreemen~ amy
file for a ranoval 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 raneyed for a
period not to exceed ~ ~ years.
3.8 Effective Date Of Franchise
(a) An~ franchise granted pursuant to the provisions of
this Ordinance shall become affectira as provided hersin.
(b) Within thJ~y (30) calendar days after the avarding
of a franchise, or within such extsnded period of time as ths
Board in its discretion may authorizs, the franchises shall file
with the Board its written accaptanca of the franchise, toasther
with the insurance policies and bonding documents required by
Sections ll and 12 barsol, and its agreement to be bound by and
to amply with all requirements pursuant to the provisions of
this Ordinance or the franchise. Such acceptance and agreement
shall be acknowledged by the franchises before a notarl/public,
and shall in form and content be satisfactor~ to and approved by
3 o 9 Business Xuthcrization
Xny franchise granted by the County shall authorize and
permit the franchises 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
Xdministrator, to erect, install, construest, repair, replace,
reconstruct, maintain and retain in, on, over, under, upon,
across and along any public r~ght-of-vay or strll~, such poles,
wires, cable, conductors, ducts, conduits, vaults, manholes,
amplifilrs, appliances, attachments, and other property as may be
necessary and appurtenant to the CAW system and in addition,
subject to the approval of the Public Works Administrator, so to
Uss, operate, and provide similar facilities or Froparties rented
- 15 -
Words ~ are addedX words :~-r==~ ...... ~rs deleted.
- .....,..
':,j~i. er leased £ros other persons, including but not limited to
.~,. . any publi~ utility or other franchises furnished or permitted to
~.' do business in the County. .-
.~ 2.10 Char~es To Franchise Terms Xnd Conditions.
~,~ No chan~es in the terse o£ any franchise may be made without
the ~rlor written approval o£ the Board.
~,,. 3.11 Franchise Fee
(a) The franchises shall pay as a franchise fee to the
County the maximum percentage allowable by Federal lay, up to a
maximum of five percent (5%) of the franchiseo's ~ross revenues
~],. as defined heroin or such greater percentage as may from time to
'~:*' ties be approvsd by Federal lay and rlns~otiated vith the
franchises
(b] Franchise payments are due at ~hs end of each
calm ~ ~a~sr. The percentage franchise fee payments
shall be payable to the County within sk~ ~ I2L_Lt~ days
after the close of each calendar ~ ~ or the portion'
thereof followin~ the effective date of the franchise. Calendar
_~usr~srs shall close on December 31st. Notch 31st. ~rune 30th. and
September 30the Ouarterlv payments due hereunder shall bs
~!, accmanisd by a ~uarterlv ~ross revenues reWrt i~ .. a form
ffs-a~rovsd by the Countv. ·Within sixty f~0] days after the
sloes of each calendar veer. the franchises shall deliver to the
fsQltE~Z ~ d~ hm~m~sv shs~ N eeeesWe~d by an annual
gross revenues audit report prsparsd by a certified publie
accountant in a form ~ e$ ~rs-a~roved bv the County.
All amounts which are not paid when due and payable herounder
shall bear interest at the legal rats, as defined in Florida
· 2tatutas, until paid.
(c) Notwithstandi~g the requirement of paragraph
3.11(b) of deliver~ of a auarterlv ~ross revenues re~or~ a~d an
annual audit report by franchises, the County shall have the
right and authority to inspect the franchisae~s revenue records
under the franchise and the right of audit and recomputation of
Words ~ are added; words =~-~:~ ~h~.% are deleted.
any end all amounts payable under ~his Section. All costs
assootatsd ~i~ a~ ~ audl~ shall ~ ~s ~ franchises
hid sudi~ rsnl~s In in~sasi~ ~ m~s ~han lot
~ (d) No acc~ance of pa~ent shall ~ consteed as a
rel~se ~ as an a~ord a~ sailsration of a~ claim the
~-' My ~ve f~ f~er ~ra~ional m payable ~der
~~ ~ f~ ~e ~~ of a~ o~er obligation
" b~sr ~ttl ~ ~ ~e s~e of ~t~tt~s or
~~ce of ~ee (3} years, ~lch~ ~y ~ shower.
3.12 ~anchise Res~l~t~s
~** (a) ~ franchise gant~ ~der ~is chapter shall be
n~cluslve.
(b) No ~ivil~e ~ e~l~ s~11 ~ ~anted
~f~ ~ a~ fran~ise ~ant~ ~d~ ~ls chaser exc~t
~e ~es~l~ h~ein ~ as ~~ ~ S~ ~ F~eral law.
(c) ~ ~tvtl~e cla~ ~ a~ ~ch franchise
~A~ to ~ ~ior la~ul ~q of ~e s~eets or
~li~ ~~y.
~.:~'~ 3.13 ~nml Of ~an~ise
];,-,
36~ ~ ~f~e ~e fr~chise e~irati~, ~e franchising
~' a~ity ~y on its ~ initiative, and s~11 a~ ~e re~es~ of
:;; ~e ~le ~rator, cmence ~e~s ~i~ afford ~e
in ~e franchise area a~opriate notice and pa~icipation for
~e ~le Of Z
(1) identifying ~e fut~e ~bl~elat~
ne~s ~ interests/and
~ ~ (2) revt~tng ~e ~rfunce of ~e cable
~ ~rator ~der ~e fr~tse d~lng ~e ~en ~ent franchise
ten.
~,,:' (b) ~on completion of a preceding ~der ~se~Aon.
'* ~' {a), a ~le ~rator Being rental of a f~nchise ~y,
.. 065 ,,-
Wo~ ~ are ad~e~l wor~s ==~=~ =~:;;i~ ~e
£~r renewal. An~ such proposal shall contain such satsrtal as
ths County say require, including proposals for sn upgTade of the
cable s3/stes. The County my establish a dats by which such
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 prrnfide prompt public notice of such proposal and, during
the 4-month ~eriod which begins on the completion of any
proceedings under subsection (a) , renev the franchise or, issue a
prel~alnary-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 whethers
(1) the cable operator has substantially complied
with the saterie1 terms of the existing franchise and with
applicable law;
(2) the qUality of the operator's service,
h~cluding signal quality, response to consumer c~splaints, and
billfiN practices, but without regard to the nix, quality, or
level of cable services or other services provided over the
system, has been reasonable in light of conmunity 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
(4) the operator's proposal is reasonable to meet
the future cable-related community needs and interests, taking
Xnto account the cost of meeting such needs snd interests.
In any proceedlng under th~s 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
{~ncludlng evidence related to issues railed in the proceeding
under subsection (a)), to requlre the production of evidence, and
,.,c
- Z8 -
Words Lt~ are added7 words :'.r;c~ '--~.r~;~ are deleted.
to question witnesses, A transcrip~ shall be made
i, ~r~esdin~,
At ~he completion of a proceeding under ~his subsec~ion,
the Board shall issue a vritten deoision ~ranting or denying
proposal for rsneval based upon the record of such proceeding,
'-i and transmit a copy of such decision to the cable operator. Such
':~' decision shall state the reasons
(d) Any denial of a proposal for renewal shall be based
on one or more adverse findir~s made with respect to the factors
described in subparagTaphs (X) through (4) of subsaction (c)
pursuant to the record of the proceeding under subsection (c) .
The Board may not bass a denial of renewal on a failure to
t' substantially comply with the natsrial terms of the franchise
~!. under subsec~ion (c)(l } or on events considered under subesc~lon
(c) (2). in ~a~ny ease in which a violation of the franchise or ths
events considered under subsection (c) (2) occur after ths
~. 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 Bade pursuant to
this section, or has been adversely affected by a failure of the
Board ~o act in accordance with the procedural requirements of
this section, nay appeal such final decision or failure pursuant
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
~, flnds thats
,,,!~,,
~:~ (1) Xny action of the Soard is not in compliance
~: with the procedural requirements of this sectlon~ or
:!'! (2) In the event of a final decision of the Soard
' denying the renewal proposal, the operator has demonstrated that
the adverse finding of the Board with respect to each of the
r.;, Words ~ are added~ words
fa~,~:~rs described in su~paragraphs (1) through (4} of ~a~lon
(e) ~ ~lch ~, dsnia~ is ~s~ is n~ ~~ ~ a
(Z) ~ dscisi~ oZ ~s ~ard ~ a ~sal for rental
s~ll n~ ~ cuidsr~ fill ~less all a~inistrativs revi~
hs ~~ ~ ~s ~mity ~ereZor has lapse.
(9) For ~ses of ~is se~ion, ~e te~ ~franchlse
~ati~~ Bu ~e ~te of ~e e~ation of ~e te~ of
fr~ise, as ~d~ ~d~ ~e fr~chise, as It ~s in effe~
~ ~e ~te of ~e e~en~ of ~is ~dinance.
~ (g) of this se~i~, a cable ~erat~ My nhit a
~sal f~ ~e rental of a franchise ~,uant to
~e~i~ a~ ~ t~, a~ ~e Boa~ uy, after alluding
~ ~i, se~ion hve ~enc~). ~e ~isions of ~se~ionA
(a) ~~ (g) of ~is se~ion shall no~ a~ly to a decision to
d~ial of a rental ~ant to ~ls ~e~ion shall no~ affe~
a~i~ on a rental ~sal ~a~ is ~itted In accordance
(l) In ~e ~ent ~e Board ele~s no~ to gent a
rental of ~e franClee ~der ~e ~isions of ~bse~ion (a)
of ~is se~ion or in ~e event a franchise Is teninated
~e ~isi~s of Se~ion 27 of ~im ~dl~nce after
fr~ise holder ~s e~aust~ all a~inis~ative and legal
r~les of a~al denyl~ rental of ~e franchise,
franchise holder shall have a ~ri~ of ~e (1} year to sell its
a~ ~st~ to a person a~r~ed ~ ~e Board for a n~
franchise, ~ich appr~al shall not ~ ~reasonably wi~held, or
a ~rt~ of one year after tenlnation of se~ice to rem~e, at
its e~ense, all ~lons of ~e ~W systn fr~ ~e ~lic
go~s ~ are add~t words :~r=ch ~h;;;;~. are deleted.
':! ~igb~',J,,of-v~y as dssc~Zbed in Beetle 28. of th(t Ord:!.nancs, Zn
~' ~e .~ ~ch ~.i~ franchise holder does n~ ef~e~ate a
~1~ of let ~ff ~tm to s ~rs~ a~td ~ ~ Board Z~ a
m frohiss ~ d~s n~ r~e all ~i~s of its
~' fr~ said ~lie rl~ts-of~ay within said ~riod of
y~p ~ ~ions of ~e ~ ~s~u ~at rein within said
;~' ~li~ ri~f~y s~ll ~ c~idsrsd a~d~ a~ shall ~
f~s~ ~ ~s ~isions oZ Ss~ion 2S oZ ~is ~lnancs.
:~ (J) In ~s ~ri~ hWeen te~tion o~ ~e franchise
:' ~ ~ ~i~ o~ ano~sr fr~chiss~ ~ n~ to exceed
12 m, ~s franchises shall e~ti~s to ~ids se~ics
~ ~lie as if its franchise vsrs still in
Se~l~ 26 is here~ aended to read as foll~s:
8~ 26. LI~DA~ D~H
26.1 Fail~e To C~ly Wi~ Time and Per~omnce
~irae~s
~ ~ a~p~nce o~ ~ franchise ~~ ~ ~e Co~ty, a
-' fruchisee ~ders~nb and shall a~ee ~t Zail~e to
~i~ ~ t~ ~ ~f~n~ r~aents as ~i~lated in ~is
~~ ~/ff a Zr~lss a~susnt will rs~lt ~ drags
~ ~ty, ~d ~t it Is ~ will ~ ~a~i~le to datenine
~s a~ul mt of ~ch drags in ~s ~snt o~ delay or
nm~rfomncs~ ~e franchise a~enent shall include, ~t not
~ lhit~ to, pr~isio~ f~ li~idat~ droves ~
~e franchises, In u~ts se~ f~ in ~e franchise a~e~en~
9 a~ c~eabls to ~e ~rfomnee ~ ff lett~
r~~ ~ Seaion 12 for ~e foll~i~ cone~ss
(a) For fail~e to c~lete ~sto constation or
t... r~ns~ion in accordance wl~ ~is ~i~nce, unless
~ard ~cifl~lly a~es the delay ~ ~ion or resolution, a
fran~isee shall pay Five ~~ ~llars ($500) ~r day for each
day, or pa~ ~ereof, ~e delin~en~ continues~
Wor~ ~ are added; words :~r;:~ ~h:;;~. are deleted.
(b) For falltire to provide, upon v~itten request, data,
· " riocements, reports, and/or ~nf~tl~, a franchises shall pay
Fif~ ~llcs ($50) ~r day f~ each day, ff pa~ ~ereoZ, that
~ch violati~ ~s ~ conti~esX
(c) F~ fail~e to ~st, analyze and re~ on ~e
~ pffmce oZ ~e ~st~ foll~ing a ~itten r~est to do so, a
f~isee s~ll pay ~e ~~ hll~s ($100) ~r day for each
~{ ~, ~ ~ ~Z, ~ ~ n~li~ c~ti~es~
(d) F~ fail~e to ~lde in a ~ntl~ing ~er ~e
~s of s~ices ~s~ in the acce~ a~lication or rental
~sal, ~less ~e ~ard spciZically a~es a delay or
~e ff ~e fran~isee has o~insd m~iZication of its
obll~a~i~ u~er 47 U.B.C. 2545 of ~e ~ble Cmnications
'~" ~li~ ~ o~ 1984, a franchises s~ll ~ Fl~ ~ ~llars
(~500). ~ ~y Z~ ~ch day, ~ pa~ ~ereoZ, that each
~:~ ~~liance conti~es;
~ (e) F~ Zall~e oZ Zr~chisee to c~ly
· ~' :~ ~s~ion standa~s, ~ranchisee s~ll pay Five ~ed Dollars "~
i~ ($500) ~ each ~y, ~ p~ ~ereo~, ~ ~ch non~liance
:~.~ ~t~es~ ~
.. (~) F~ ~ ~ a~l~ ~ n~-a~i~ ~
.. ~r~lsee, as a~e~ ~n ~een ~e C~y and franchises, and
set f~ In ~e franchise a~s~snt. No~in~ in ~is se~ion
shall ~scluds ~sr li~ldat~ da~ss as a~sed upon ~ the
p~ies In ~e franchise a~ensnt.
26.2 N~ice Of Intention To ~sess
lZ ~e ~ ~ger concludes ~at a ~ranchisse is liable
~ li~idat~ d~es ~unt to ~ls se~ion, he/she shall
'; is~e to ~ranchisee ~ ce~l~ed ~il a N~ce o~ Intention to
~sess ~i~idated Dingee. ~e Notice shall set Zo~ ~e basis
oZ ~e asses~ent, and shall info~ ~e franchises ~t
l~i~t~ dingee will ~ assessed ~r~ ~e date o~ ~e ~otics
~less ~e ~ses~ent W~ice is a~al~ for hearin~ ~ore ~e
065 213'
W~s ~ are added~ vords :~;~ ~:=~ are dele~ed,
Board and the Board rules (1) that the violation has been
corrected, or (2) that an extension o£ time or other relie£
should be granted, e A £ranchisee desiring a hearing beZore the
Board shall send a written Notice o£ Appeal o£ Assessment o£
Liquidated Dmges by certi£ied Bail to the County Manager within
ten (10) days o£ the date on which the County sent the Notice of
Intention to Assess Liquidated Damages. The hearing on the
franchiseo's appeal shall be within thirty (30) days o£ the date
on which ths County receives the written Notice oZ Xppeal. Xftsr
the hearira/, if the Board sustains in whole or in part the County
Manager~s assesrant of liquidated damages, the County Manager
say at any time thereafter draw upon the performance bond or the
letter of credit required by this Ordinance. Unless the Board
indicates to the contrary, said liquidated daBages shall be
assessed beginning with the date on which the County sent the
Notice of the Intention to Assess Liquidated Damages and
continuing thereafter until such time as the violation ceases, as
dotsr~ined by the County Kenget.
IBC'T:~ FOURs ~ TO BF, CTIOlf 30 OF COLLIEIt COUITY ORDI'IMrCB
88-4)0 ..
Section 30 is hereby amended to read as foll~s:
SECTION 30, CONSUMER PROTECTION PROVISIONS
For nur~oses o~ this Section 30. the ~ollovin_a ~erms
words shall have the meanOne heroin unless the contex~ clearly
indicates that another msanina is intended. When no~
inconsistent with the context. words used in the eresent tense
include the future. words in the nlural number include
sinaular number and words in the sinaular number include ths
fal w)rormal oDeretina conditions~ means those service
conditions which are within the control of the ~ranchisee. Those
conditions which are not within the control o~ the franchises
includs. but are not limited to. natural disasters. ctVlt
disturbances. Dower outames. telephone network outames. and
Words ~ are addedl words ='.r=;.". '..~.:;:;.~. are deleted.
le~ers ~r unusual vealher conditions. Those conditions vhich are
Ot~insrilv viebin the c~trot o~ the franchises include.
ere n~ limited to. ~cial ~r~oti~s. ~av~r~i~ ~ents. ra~e
in~sasss. r~lar ~ak ~ ssss~al d~and ueri~s and
saintsenos ~ ~ade o~ the cable
~b~ 'Seaice inte~tion' means ~he loss or
d~i~ation o~ Diets ~ s~nd o~ one ~ m~$ channels o~ a
sidle ~h~ihr, ~cludi~ intemi~s caus~ ~ the Dr~am
[cl "~stn in~emi~~ means the loss o~ ei~s
s~nd o~ ~s ~ m~$ channels o~ ~lti~le ~h~ihrs in c~
~n distri~ti~ ~ ~ ss~ics area ff areas. ~ch as in
~ivisions and nsi~rh~s.
fdl sConditions ~d ~hs control o~ a ~ranchisss~
shaft include f11 huffieansl. ~l~s. vinds~ms and ~adoss.
f21 ~irss and sElosi~s. ~31 ~ndalin. sa~es end takerins
~ ~h~ihrs. f41 c~st~ion ~ts and ~her ma~ damaces
~srs o~ the cable t~ and distri~tion ~stn f51 ~rannittal
~ail~s ~ cable Dr~anina ~r~iders. ~h ~oadCa2t and
satellite ~. [61 and cmercial ele~rical ~er ~aqes in
areas ~srs ~hs cable ~tn dHs n~ ha~ hc~
(a) ~s franchises shall n~, vl~ V~ cause, fail
~ ~ids availabl~ se~ics to individuals ~ ~o~ivs
~l~rs nor shall ~s franchises tsni~ts ss~ics wi~t
9~ ~m, S~ics s~ll ~ pr~ldsd ~ all interested
~~rs ~srs ec~i~lly feasible.
(b) Te~i~tion oZ se~ices. ~n tonination oZ
st~ict ~o any subs~i~r, ~e ~ranchisee shall pr~ly rn~m
all ~ions of its syst~, facilities a~ ~i~en~ fra
~ismm of ~ ~s~i~r ~n his r~est.
- 24 -
30.e3 Customer Cosplaints
(a) All subscriber co~plaints re~arding quality of
service, equipment sal£unctions and similar matters shall bs
acted upon by the franchises as moon as possibl~r
(b) Except where there exists an emergency situation
necessitatin~ a more expedited procedure, the franchises may
interrup~ service, for the purpose of repair or upgrading of the
s~stes, only during periods of minimum use.
(c) The franchises shall establish procedures for
receivin~, actin~ upon and resolvin~ subscriber complaints.
These procedures shall be filed with the County Nanager. The
franchises shall. furnish · notice of such procedures to each
subscriber at the time of initial subscription to the syatem and
et least once · year thereafter, which notice shall include
cosplaint telephone rambars of the franchises.
(d) The franchises shall keep a record of and
investigate all written complaints from subscribers. Such
records shall identify the subscriber, his address, the nature,
location and date of the complaint, and a tachnician's report on
the disposition of the complaint. The County may, during normal
business hours, inspect the subscribsr written complaint records
of the franchises which shall be kept in the public inspection
file.
(e) The County Kanager is hereby designated by the
County as having primary responsibility for the continuing
adsinis~ration of the franchise and i~plementation of complaint
procedures.
(f) The franchises shall within seven (7) days after
receiving written request from the County, send a written report
to the County with respect to any complaint. The report to the
County shall provide a full explanation of the investigation,
findings and corrective steps taken by the franchises.
.. 065
Wc~ds ~ are added; words :'-=-'=~ ~,:'.;;'.;;.'.. are deleted.
' (g) Zn all situations where cable service is disrup~ed
~!'! ~o five hundred (500) or more subscribers fo~ a time period
. 9teatar than four (4) hours due to franchises's plant equipment
.~. failure, the franchises shall notify the Office of the County
'-. Zanagsr inediatsly-
::.- 30.~l Custemr's Right Upon Failure 0£ Service
(a) Efficient repairs and services. Each franchises
shall render efficient service, sake prompt repairs, and
interrupt the service only for good cause and for the shortest
tire possible.
(b) Notification of interruptions. Such interruptions
lnso£ar as possible, shall be preceded by notice and shall occur
duzi~g periods of sinin use oZ the systeu.
(o) Lisitation of failures. The franchises shall liBit
,
failure to a minisus by locatin~ and correcting area service
outages promptly, is~ ~s ne eve~ ~s~Jev ~ ~ ~
~ as ~rovided in this Section 30,
· :~:,~fl} A complete report may be required by the
County for any failure lasting longer than forty-sight (48)
hours,
(dl Zn the event o~'~rolon~sd commercial Do~sr auraass
bevon'd battery capacity. the ~ranchisee will maintain the system
with ~ortable aenerators at backu~ ~er locations to the limits
Of the francblesses ~uui~ment availability. in local invsntorv,
- 26 -
Words ~ are added~ words =~-:'-'-:~ ~--'-::-';~-- are deleted.
30,S Of£1ce Hours and Telephone Availabil~ty
(0~ ~ach ~ranchisae must maintain local. toll-:rse or
~ollect-call telephone access available to its subscribers
24-hours ear day, seven days ear week.
(bl Each ~ranchises shall have trained co~m~rty
rs~rsssnta~ivss who vill be available to respond to cust~msr
telephone in~uiriss durina normal business hours which shall hs
from 8x30 A,N. to Si00 P.M, each weekday. sxcludina national
~c~ A~tsr normal business hours as described above, .~hs
access 1 ins mav be ansvered bv comDanv representatives or a
ita~ed ansvsrina service. or an automated resuonss system.
rnauiries received a~ter normal business hours must be resDonded
~o as ~rovided herein,
fd} Under normal o~eratina conditions. tele_~hone answer
time by a customer representative. includina wait ~:iBe. shall ~0~
,o,,, 065- 2i8
- 27 -.
Words ~ are addedl words --~.r==.~..' ...... are deleted,
~all needs to h trans~eff~, transfer ~ims shall
Shiny f301 sec~s, ~sss standards shall h mat no less than
n{na~ Mrcent ~90~! . oe She ~fme, under
~itf~s nea~r~ ~ a ~a~erlv basis, durfna nomal
h~m as da~na~ herein, ~a~er~ shall h defined as
~hree~th fntemlm and shall end ~ Dec~hr
~a 30~ a~ 8e~r 30th, ~e ~ranchimee rill
reir~ to amfre e~fment ~ ~r~ m~s to mea~e
cml{ance vith the eelShone an~erfna slanders a~e unless a
hiee~ical raced o~ c~latnes indfcaeae a clear ~ailure
cmlv, X hfst~fcal raced o~ ~Zafnea shall mean a
ef~ieicant impasse in emlainee as datemined ~ Collier
C~. c~ar~ ~o ~ha Ease Siam ~eri~m
c~cemine the ~ranchisee~s Hr~ance undff ~his ee~ion,
~is ~idence. ~sides i~estiaatina to deterins ciliarice.
Collier C~nW may also r~est. and the [ranchlees shall ~lv.
m~lv r~s until the ~st~ers' cmlain~s ~bside or the
C~ i~es~iaa~ion Jails to verily n~mlianCe.
Is1 Each [ranchlees shall ~intain the [oll~ina
tel~h~e statistics and ~ide a ~it~en
[ranchlee area ~ich shall include~
il ~r o[ calls receivedz and
ill ~r ~[ calls an~er~ wi~in 30 sac~s.
~e ma~ reuo~ will h delivered to Collier C~ntv within
~entv f201 days lollwine the end o[ the ~ri~ ~he sta~is~ics
c~er. Statistics WAll ~ maintain~ on all ~eleuhone ~eration
f[I ~der nomal Urati~ conditions. the ~st~er
will receive a ~ siChal ga condition of all trunks ~svl teW}
than three ~rcent ~3%1 o~ the time. ~st~ers will e~erience
hey si~al not to exceed three percent ~3%1 o[ the time on
~lative basis on any ~siness day durine riomaX ~siness h~rs
Wor~ ~ ~e added; vo~ :~r::~ ~;~ are dsle~d.
as defined herein, ~ evidence o~. a siQ'ni~icsnt increase
~s~ ~tain~. ~ ~he~ ~idence o~ ~ssibte tellhone
s~iee viotati~s as dets~in~ ~ Cotlift C~ntv, the
f~n~ise~ ihalt ~~ mea~r~en~s o~ e~liance i~ in~e~al
~i~t has ~he cauabili~ ~ the ~ranchisee shall re~es~ the
l~al teleuhone ~ider to ~rr~ ~ests to datemine cmliance
~ authorize the l~al ~el~hone ~ider to uer~om tests and
~~ the r~est o~ Collier C~n~. In a~ event. the
~e~ times and intemls shall h detemin~ ~ Collier
30.6 Znstallati~s. hat. and Semite ~taaes
(el ~st~er se~ice centers and bill ua~ant l~ations
will h ~n at least duri~ rioreal hsiness h~rs as defined
h~ein and rill h co~ientlv l~a~. .
Ibl nndlr n~al ~eratine conditions. ~ha ~o11~ina
f~ standards rill h met no less ~han ninetv-~ive ~ercen~
Q~ ~ha ~ime. sea~r~ ~ a ~a~erlv basist
(i1 g~ard installations rill h
yi~in Six (61 ~siness days a~ter an ~der has ~en ulaced.
~:tandard installations~ are those that are X~ated ~ to one
hunted ~entv-~ive (1251 ~eet ~r~ the existins distriCtion
~ste. ~is time limit shall no~ a~lv to installations
r~est~ in ad~nce o~ a~e than six f61 ~siness days.
~e cases. ~he a~liuble time limit shall h the re~est~
da~a o~ ins~alla~ion. tot ~ses o~ cal~latina ~lme. unless
~emAle ~i~ad h~ein. said time shall ~in th~
~siness day a~ter an ~der has ~en placed or ~on issuance o~ a
~mit. i~ retired. Installations in excess o~ one hundred
~sntv-~iva (125~ ~ee~ ms~ h cmlet~ vi~in Went~
cale~ar days and installations re~irina a distrihti~n
a~ansion rill h cmlet~ vithin ~him (301 calendar days
after a ~easibilitv study has hen cmlet~ ~ the ~ranchisee
and an a~eement has hen reached ~tween the franchisee and
intended ~stomer on conerection costs. If any. ~e time
~rovision shall not annlv vhen conditions beyond the control
- 29 -
W~ds ~ are a~J ~ds =~r;:~ ~:;;~. are delete.
the ePanehiaee ~rsvant cmleti~ .oe the installations, ~uch
~nditi~ne shelf include inability to o~ain ~e~tts a~er
a~licati~ has ~en made ~ the lack o~ availability
necessa~ ~i~n~ within a reasonable ~ime ~eri~,
le~l~ d~s n~ l~se a~ re~ir~en~ on the [ranchlees
s~e an area, For each violation o[ ~hie Se~ion 3,06ib1[il,
installa~iOn cha~e, ~e ~ima~ ~tlet installation charQe
shall h ~it~ to the ~i~r's accent within the ne~
billi~ ~ole, ~is ~naltv shall h aut~aticallv exerted
~e [ranchlees. ~t shall n~ a~lv i[ the ~st~er re=us~
In the latter ease, the franchises shall leave ~itten notige
the ~i~r of i~s eff~ ~o ~ide se~ice,
Jill ~cludino condi~ions ~ond ~he c~trol
the ~Canchisee, the ~ranchisee will make a ~na ~ide
c~s~ (el ss~ics inVaSions no later ~han vi~hin
~sn~-~ 1241 h~rs after the internion ~ss kn~ and
:.
~bl ~st~ inte~i~s within f~ ~41 h~rs a~ter the
in~e~ion ~c~es kn~ i[ ~tw~en the h~rs ~[ 6 A.~-
~is r~ir~ent a~lies ~innin~ at 8 A.N. the ne~ daY.
[Tan~{eee ~s~ ~in a~ions to c~e~ ~heT eelice ~obl~e
~e ne~ ~siness ~av a[teT noti[ica~ion o[ ~he ee~iee uTobl~.
F~ eaGh violation o[ this eelion S0.Slblriil. each
~o ~oes n~ reGeive seaice as ~t~ed herein may re~est
~eal~ o[ Ten Dollars lel0.00l DeT inUi~en~ in the ne~ billin~
~ole ~t ~ot if (11 the ~St~er refus~ le~ioe. (2) the
~St~eT Was n~ at h~e OT (3~ the [ranchlees dete~lnes tha~
· he T~eS~ iS ~Ot a ~lid one as su~~ ~ se~i~e Te~dS.
Tn the case o[ a ~st~er not ~i~ at h~e. the [Tanchisee shall
leave ~itten notice to the ~bs~i~r o[ its e[[o~ to co~e~
- 30 -
filil The amintment windo~ alternatives for
installations. service calls and other installation activities
Will b~ either a ~ci(ic time ~. at ma~iu. a ~ (45 h~
~iN bl~k ().M. ~ P.M.$ duri~ n~al ~siness h~rs. (~e
~ranchisss Mv sch~uls senice calls and ~hsr installation
a~ivi~ies ~tside o( n~al ~siness h~rs at the e~ess
menlance o( the ~st~er.$ X (ranchlees may n~ cancel an
a~i~ent wi~ a ~st~er a~er the close o~ ~sinsss on the
~siness day ~i~ to a sch~ul~ a)i~ent. ~ each
violati~ o~ this Ss~i~ 30.6(b)fiii). each ~i~r ~o des
n~ receive sanice as ~id~ hersin may r~sst a ~edit o(
Tan ~llars fS10.001 ~ incident in the ns~ billina ~cls ~t
~ i( ft$ ~hs ~st~sr re(used ss~ics. f2) the ~s~sr yes not
a~ h~s ~ (3) the (ranchless datamines ~ha~ ~hs rs~sst is n~
s ~lid ~s ss ~~ ~ sanice rsc~ds. Yn the case ~( a
~sr n~ ~i~ a~ h~s. the ~ranchisss shall leave a ~itten
n~ics at ~s ~i~r~s h~e o( its s~ to ~ids senice.
H~sr. ~lls on ~ich ~)~i~ were at ~ault will n~ ~
sliaible for this ~edit as d~ent~ in senice recordS,
fiv) r~ a ~ranchisss re~sssn~ativs is nq~i~q
late ~ an areinherit vi~h a ~st~er a~ will n~ ~ able to
ks~ the areinfant as sch~ul~m the ~s~sr wall ~
~~. ~s ~ranchisss will make a ~a-(ids at~ )~
rsassi~ the amintmsnt to another a~snt or ~l~ss ~rior to
cancslina an am'in~ent. ~s a~intment will ~ rsschsd~l~.
as nscsssan. at a time which is co~enisnt (or the q~t~er,
F~ each violation o~ ~his Se~ion 30.6gb) giv$. each ~bs~i~r
~o des n~ receive sanice as ~id~ hersin may rs~sst s
~it o~ Tan ~llars fS10.00) uer incide~ in the ne~ billina
~cls ~t not i( fl) the ~st~er rs~us~ senice, (2) the
~st~sr was not at ha ~ g3) the franchises detemi~eS tha~
~s r~est Is not a valid one as sum~ ~ senice records.
In the case o~ a ~st~er not ~ina at h~e. the franchisee~
leave a ~ittsn notice at the ~i~r's has o( its ~o~ ~n
- 31 -
Wo~s ~ are added) words ctr~c~th:;u~. are delete.
_~r~ids set-vies. Royever. calls on .vhich subscribers vers at
_~ault rill no~ bs sli_aible for this credit as do~umsntsd in
service rsccrds.
to1 Zf there is evidence of non-co~n~liance vith
eus+e~s~ credits as vrovidsd tin this Bsc~ion 30. u~on reausst by
~hs ~. each franchises shall wrovide ths County Hanaaer's
0~fice a monthly re~wrt of non-co~ntiance vith requirements
~hts sec~cion and rssultina credits. This reDoft shall bs
~royided to the County Maneact by the 20th o~ each month
foliovine ~hs ram~rtina period.
2g,7 Cmications Babysen tranchisse and gubecribers
~1 The franchisss shsll wrovids vri~tsn information on
sash of ths foliovine areas at the time of installation
service. at least annuallv to all subscribers. sad a~ any other
tins u~on rlfusstt' fXl _Droduc~c and ssrvicss. f21 prices and
cm~ions for wroars~mina_ servicss and conditions of subseri~ion
to ~roara~mina and other ssrvices. t3~ installa~ion and service
saintshones ~oliciss. f41 instruc~ions on boy to use the cable
service. f51 channel positions of ~roara~mina carried on the
svstss and t51 billina aqd co~mlaint procedures. in~lgdina the
address and tslsDhone numbsr of ths local ~ranchiss authoritv~s
fbl Customers rill bs notified of any charities in rates.
~rearsaina services or channsl~ positions ss soon as possible
· hv~uah announcsmsnts on the cable system and in vritina ~:~ eac~
customer. Notice must be airart to subscribsrs a minimum
thirty t301 days in advance of such chartass i~ the chanas is
W~thin the control of the franchises. In addition.
frsDchisss shall nff~ifv subseribsrs thirty f301 days in sdyancs
for any sianificant chartass in ths other information reauired in
the ~reesdina Daraaranh.
~cl Bills rill be clear. concise and understandable.
Bills must be fully itemized. vith itemization includina, bu~ no~
lisitsd to. basic and service tiers and premium lervics
- 32 -
Words ~ ors addsdJ vords ;~.;-;;~ ~.:;;~ are dsletst,
and ~cmi~ment._charesS. Bills rill also clearly delineate all
activity ~urinu ~a bill~n~ ~ri~. includin~ ~ional char~ea.
rs~tss and ~edits.
{d] ~n ~hs....~ss o~ a billi~ di~s. ~hs franchises
~ rs~ ~o a ~i~sn cmlain~ ~r~ a ~bs~i~r within ~en
~10~ days a~sr recei~ a~ the 1~1 ~ranchisee~s o~lce.
fs~ Refund checks will ~ is~ ~lv. ~ no Xa~er
~sn eider fa~ ~hs ~s~er's ns~ billi~ ~cls ~oll~ina ~hs
resolu~ion o~ ~s r~es~ or ~hi~ [30~ days. ~ichever is
sarli~. ~ fb~ ~he da~s
~s ~ran~isss i~ se~ics is ~smina~ed. ~edi~s for se~ics
rill ~ is~ no la~sr ~han ~hs
~11~i~ ~hs ds~ina~ion ~ha~ a ~i~ is vainanted.
30,4~ ~l~/Uss ~ Da~
(a) ~s franchises s~ll c~ly ~i~ all federal and
s~ la~ r~in~ ~s ~lls~i~ a~ s~in~ o~ individual
~~ insulin,
(b) ~s ~y ~ ~e fr~ises s~ll n~, wi~t
~ess ~ ~ ~
~~es ss~blish~ ~ ~ a~ f~al law.
(c) No au~izati~ ~ ~m~ ~ dissaina~ion
of ~i~r-idsntifi~ls infomtion ~ data shall ~ valid
~lsss it d~s ~e ~oll~in~x
(l) ~ci~ies ~e t~ or t~es o~ in~omtion or
(2) Identifies ~e pa~ies a~ized to colle~,
r~iv$, s~s, r~, ~amit ~ ~emiss conv~ ~is
All au~orisations shall s~ci~y
~t _ ~i~r-identlfiable in~omtion
~sse~sd in any M~sr
(d) A written copy o£ all subscriber-identifiable
information or data which is retained and/or disclosed and the
disposition of this information or data, together with any
explanation necessary to make it understandable to the
subscriber, shall be provided to the a£fected subscriber within
thirty (30) days o£ procuresent except that in£ormation which is
necessary for purposes of billin~ the subscriber or keepinc. l the
subscriber inferred of progTammin~. Further disclosure shall be
£ully detailed in writin; to the affected subscriber with.in
thirty (30) days of such disclosure,
30 · 9 J4iscsllaneous
fa~ The ~ranchisss shell fiTant ere-rated fiTedits u~on
re~usst by subscribers sx~erisn~ina outsass for more than
~vsntv-~our f24~ hours. The credit shall be rstroactive to the
~eainnina o~ the outa~s.
fb~ Any o~ the customer service s~andards may be vaived
by the Ccuntv J(ana~sr's O~fics ~fiT non-competitive foverbuilt~
systems of small size i~ ~cund to be impractical when conpatina
costs versus subscriber bene~its.
30,~10 Interest On Subscriber Deposits
If and when the franchises collects deposits from its
subscribers, it shall pay interest at an annual rats equal to the
legal rats pursuant to Florida Sta~u~es on any deposit of one
hundred dollars ($100) or more as required of a subscriber, The
franchises may elect to pay such interes: annually in the form
credits to subscriber accounts,
ISCTZON FIVBI }XBH~XEHT TO XDD 2F-CTZON 30,% OF COl~lS)t C013F1~ OKZ)I3EMfCl NO, II-e0
8ection 30& is hereby added to read as follows:
2xt~Zo~ 30x. RXT~
The co~tv ma_v. in its sole discretion. re__late cable
television rates eursuant to the OrovisioRs of the Federal Cable
Act then in e~fect and the rules. repletions. a~d orders o~
Federal Communications Commission as they may be ame,ded oT
su~ersede~ ~rom time to time.
Wcrda ~ are addedX words :'.r;=.~. ',.'..=;=;j.% are deleted,
SICTXON SXX, ~ntXt~t and N,vsr,biXity
In ~e ~ent ~is ~dinancs eon~li~, with any other
~di~nce of ~llier ~nty or other a~licable law, ~he more
rsstri~ive shall a~ly. l~ a~ phrase or portion of this
~i~ce is held iralid ~ ~c~stitutional ~ any c~ oZ
~~nt ~i~i~ion, ~ ~ion shall ~ tiered a separate,
distin~, and lnd~nden~ ~isi~s and ~ch holding shall not
a~Ze~ ~e validity oZ ~e rminin~ ~i~.
I~ S~s ZZZeotivs Date
~ls ~dinance shall ~c~e eZZe~ivs upon receipt o~ no~ice
Zr~ ~e 2e~s~ oZ State ~at ~is ~dinance has ~en Ziled
P~S~ ~ D~Y ~~ ~ ~e ~ard oZ C~nty C~lssioners
of ~llier ~ty, Fl~i~, this n~h day oZ Nacch .,
~ 1994 ·
~:' ~ ~ ' *'.. ?' ,, ~ ~SSlO~
,'. ~ ~ , ~EDk
',.
~.
',
~,~ ~
;," · ,m 226
~'~.'." - 35 -
Wo~da ~ are added~ vords ~%'~ek-41;itaeegh are deleted.
': 8TATIOTFT.,ORZDA )
l, DWIGHT E. BROCK, C3erk of Courts in and for the
Twentieth ;udiciml Circuit, Collier County, Florida, do
hereby certify that the foregoing is m true copy oft
Ordinance No. 94-12
which was adopted by the Board of County Cosmiealonera on
the 8th day of Narch, 1994, during Regular Session.
WITNESS ay hand and the official seal of the Board of
County Comsissioners of Collier County, Florida, this lSth
day of Narch, 1994. . .
,.,,b,--..:,...~.;;~.~.~
]~elXl'a'T I. ImOCK "~ ."" :'~"~,;"-".
C2,rk of Court. ,~a c2~k
ix-officio to Board o~' '. '.'
c~nty co,,issionare .~.../.- '.'~'~y.';'./' ".~
:~ n
Byz/s/lllte Roffman
Deputy Clerk '
!.
,~ 065,,~-2~