Chapter 30 - Cable Communications Chapter 30
CABLE COMMUNICATIONS*
Article I. In General
Secs. 30-1-30-25. Reserved.
Article IL CATV Franchises
Sec. 30-26. Title and purpose.
Sec. 30-27. Definitions.
Sec. 30-28. Franchising provisions.
Sec. 30-29. Rights.
Sec. 30-30. Initial performance guarantee.
Sec. 30-31. Rights to use streets not warranted.
Sec. 30-32. Other agreements, permit and easement requirements.
Sec. 30-33. No property rights conveyed.
Sec. 30-34. Jurisdiction of other regulatory bodies or agencies.
Sec. 30-35. Liability,indemnification.
Sec. 30-36. Insurance.
Sec. 30-37. Bonding requirements.
Sec. 30-38. FCC petition and license.
Sec. 30-39. Compliance with applicable laws and ordinances.
Sec. 30-40. Signal quality requirements.
Sec. 30-41. Service requirements.
Sec. 30-42. Cable system construction.
Sec. 30-43. New developments.
Sec. 30-44. Areawide interconnection of cable systems.
Sec. 30-45. Local office;operations.
Sec. 30-46. Access to records.
Sec. 30-47. Submission of financial reports.
Sec. 30-48. Rate schedule.
Sec. 30-49. Preferential or discriminatory practices prohibited.
Sec. 30-50. Rules of franchise.
Sec. 30-51. Liquidated damages.
Sec. 30-52. Termination.
Sec. 30-53. Removal, abandonment and restoration of system.
Sec. 30-54. Public, educational and institutional services.
Sec. 30-55. Consumer protection provisions.
Sec. 30-55.1. Rate regulation.
Sec. 30-56. General penalties.
Sec. 30-57. Subsequent action by state or federal authorities.
Sec. 30-58. Personal liability of county officials.
Sec. 30-59. Review of orders and decisions.
Sec. 30-60. Superseding of agreements.
Sec. 30-61. Amendments.
Sec. 30-62. Rights and remedies cumulative.
Sec. 30-63. County's right of intervention.
*Cross reference-Businesses,ch. 26.
State law references-Authority to regulate businesses,F.S.§125.01(1)(h);cable television franchises,F.S.§166.046;theft of
cable services, F.S. §812.14 et seq.
Supp.No. 1 CD30:1
CABLE COMMUNICATIONS §30-27
ARTICLE I. IN GENERAL Basic service means any tier of service which
includes retransmission of local television broad-
Secs. 30-1-30-25. Reserved. cast signals and the public, educational and gov-
ernmental access channels.
Channel means a signaling path or portion of
ARTICLE II. CATV FRANCHISES the electromagnetic frequency spectrum which is
used in a cable system and which is capable of
Sec. 30-26. Title and purpose. delivering a television channel as defined by the
commission (FCC) by regulation.
(a) Short title. This article shall be known and
may be cited as the "Collier County Cable Televi- Commercial use (lease) channel means a video
sion Franchise Ordinance." and/or audio or data channel which the franchisee
may make available on terms for commercial use
(b) Purpose. This article is enacted under the by persons unaffiliated with the franchisee for the
home rule power of the county for the purpose of purpose of transmitting programming, providing
providing necessary regulations, conditions and services, or exchanging information.
provisions which shall apply:
(1) To the granting, issuance and renewal of Community antenna television system,cable tele
nonexclusive franchises for the installa- vision communication system and CATV means:
tion, operation,use and maintenance of ca- (1) For the purpose of this article, these are
ble television communication systems with- synonymous terms, describing a system
in the unincorporated limits of the county. which may employ antennae, microwave,
(2) To provide reasonable and suitable protec wires,wave guides,coaxial cables,fiber op-
tion and control over the use of county- tics or other conductors, equipment or fa-
cilities, designed, constructed or used for
owned easements and rights-of-way by ca-
ble television franchisees;all in the interest the purpose of:
of the public health, safety and welfare of a. Collecting and amplifying local and dis-
the citizens and inhabitants of the county. tant broadcast television or radio sig-
(Ord. No. 88-90, § 1) nals and distributing and transmitting
them;
Sec. 30-27. Definitions. b. Transmitting original cablecast pro-
gramming not received from television
The following words, terms and phrases, when broadcast signals;
used in this article, shall have the meanings as-
cribed to them in this section, except where the c. Transmitting television pictures, file
context clearly indicates a different meaning: and videotape programs, not received
through broadcast television channels,
Access channel means a channel dedicated in whether or not encoded or processed to
whole or in part to local programming which is permit reception by only selected re-
not originated by a cable company and shall in- ceivers; or
clude facilities and equipment,which the licensee d. Transmitting and receiving all other
shall make available without charge to the board signals,including digital,voice and au-
of county commissioners and county school board dio-visual;
for the purpose of transmitting programming by
the public, as well as governmental and educa provided, however, that any of the services
tional agencies. permitted hereunder to be performed, de-
scribed in this subsection, shall be those
Audio channel means a band of frequencies in performed by or through the franchisee for
the electromagnetic spectrum which is capable of subscribers in the operation of a cable tele-
carrying one audio signal. vision system franchised by the county.
Supp.No. 1 CD30:3
§30-27 COLLIER COUNTY CODE
(2) Such term does not include: county pursuant to the Communications Act of
a. A facility or combination of facilities 1934, as amended, and all applicable FCC regu-
that serves only to retransmit the tele- lations.
vision signals of one or more television Franchise means the nonexclusive initial autho-
broadcast stations; rization or renewal thereof granted by the county
b. A facility or combination of facilities to construct,install,operate and maintain a CATV
that serves only subscribers in one or system upon the streets, public ways and rights-
more multiple-unit dwellings under of-way within a specifically designated franchise
common ownership, control, or man- area of the county, whether such franchise is des-
agement unless such facility or facili- ignated as a franchise,permit,license,resolution,
ties use any public right-of-way or util- contract, certificate, agreement, or otherwise.
ity easement;
Franchisee means the person granted a CATV
c. A facility of a common carrier, except
that such facility shall be considered a franchise or anyone who succeeds the person in
cable system to the extent such facility accordance with the provisions of this article, or
is used in the transmission of video pro- anyone who holds a franchise granted by the coun-
gramming directly to subscribers; ty prior to enactment of this article.
d. Any facilities of any electric utility used Gross revenues includes, but is not limited to,
solely for operating its electric utility monthly fees charged subscribers for basic ser-
system. vice;monthly fees charged subscribers for any pre-
mium service;installation and converting leasing
Converter means an electronic device which con- fees or charges;advertising revenues;administra-
verts
signals not susceptible to reception by the tive fees from delinquent subscribers and/or de-
television receiver of the subscriber to a signal linquent advertiser accounts; dishonored check
which is susceptible of reception, and by an ap- charges; capital reimbursements from subscrib-
propriate channel selector also permits the sub- ers;promotional fees from program suppliers;tow-
scriber to view all signals delivered at designated er rentals; fees for collection of state sales tax;
dial locations. and Home Shopping Network commissions; pro-
vided, however, the board of county commission-
County means Collier County, Florida. ers specifically reserves the right to amend this
definition from time to time to account for chang-
County administrator means the county admin- es in technology. Gross revenues shall not include
istrator of Collier County,Florida,or his designee, any taxes on services furnished by the franchisee
or any successor to the powers of the county man- which are imposed upon any subscriber or user by
ager. the state, county, or other governmental unit and
collected by the franchisee on behalf of said gov-
County attorney means the county attorney of ernmental unit. The franchise fee is not such a
Collier County, Florida, or his designee, or any tax.
successor to the powers of the county attorney.
Institutional cable means the communications
Data channel means a band of frequencies in network constructed or operated by the cable corn-
the electromagnetic spectrum which is capable of pany and which is generally available only to sub-
carrying one data signal. scribers who are not residential subscribers.
FCC means the Federal Communications Corn- Local origination programming means program-
mission, or its designee, or any successor to the ming that is either produced by the franchisee or
powers of the FCC. is obtained from another source for transmission
on the franchisee's local origination channels.
FCC approval means any necessary authoriza-
tion by the FCC to operate a CATV system in the May is permissive.
Supp.No. 1 CD30:4
CABLE COMMUNICATIONS §30-28
Pay television means the delivery over the corn- Service means any subscriber service, whether
munity antenna television system of video signals or not originated by the franchisee, which is
in intelligible form to subscribers for a fee or distributed over the franchisee's distribution sys-
charge (over and above the charge for basic or tern on any channel.
tiered service) on a per-program, per-channel or
other subscription basis. Shall and will are mandatory,not merely direc-
tive.
Person means any individual,partnership,joint Signal means any transmission of radio fre-
venture, association, joint stock company, trust, quency energy or of optical information.
firm, corporation, club, society, governmental en-
tity,or other legally recognized entity,whether for Subscriber means any person or entity receiv-
profit or not for profit, or any lawful successor, ing for any purpose any service provided by the
transferee or assignee of said entity. cable operator.
(Ord. No. 88-90, § 2; Ord. No. 94-12, § 1)
Property of franchisee means all property owned, Cross reference—Definitions generally, § 1-2.
installed,or used by a franchisee in the conduct of
a CATV business in the county under the author- Sec. 30-28. Franchising provisions.
ity of a franchise granted pursuant to this article,
or pursuant to a franchise agreement. (a) Required. Any individual, partnership, cor-
poration or other entity desiring to install and/or
Public notice means publication of notice of the operate any cable television system in the unin-
time,place and purpose of a hearing at least twice corporated area of the county shall apply to the
in a newspaper of general circulation in the board for a franchise pursuant to this article.
county, with the first publication not less than 14 (1) The issuance of a franchise pursuant to
days prior to the hearing and the second to be not this article shall allow the franchisee to
less than five days prior to the hearing. install, construct, maintain and operate a
CATV system in accordance with the addi-
Public school means any institution of the county tional requirements of this article through-
public school system, or any duly state-accredited out the area which is described in the
local college or university, within the unincorpo- franchise agreement and for which ap-
rated areas of the county. proval has been received.
Public street means the surface of and the space (2) Prior to any installation or construction,
above and below any street,terrace,avenue,road, the franchisee shall apply to the county for
highway, freeway, bridge, land, path, alley, court, a permit, granting the privilege to install,
sidewalk, parkway, drive, boulevard, or other construct, maintain and operate a CATV
public way, now laid out or dedicated, and all system under the jurisdiction of the county
extensions thereof and all additions thereto,within in accordance with such rules and regula-
the unincorporated areas of the county and sub- tions as shall be recommended by the county
ject to the control of the county. engineer and approved by the board.
(3) It shall be a violation of this article to
Public works administrator means the public commence or engage in the construction,
works administrator of the county, or his desig- operation or maintenance of a cable system
nee, or any successor to the powers of the public in the county without first having obtained
works administrator. a cable franchise awarded by the board of
county commissioners.
Residential subscriber means a subscriber who
receives any cable television service in an individ- (b) Award. Nonexclusive franchises may be
ual dwelling unit or multiple dwelling where the awarded by the board of county commissioners for
service is not to be utilized in connection with a all or any portion of the county to applicants upon
business, trade or profession. a finding that such award is consistent with the
Supp. No. 4 CD30:5
§ 30-28 COLLIER COUNTY CODE
public interest, furthers the goal of providing fiscal years immediately preceding the
efficient CATV service to all residents of the date of the application hereunder, or a
unincorporated areas of the county, and does not letter or other acceptable evidence in
result in material abuse of county streets, or writing from a responsible lending in-
easements or rights-of-way, and after consider- stitution or funding source, addressed
ation of the factors referred to in subsection (f)(1) to both the applicant and the county,
of this section. The county shall adopt by resolu- setting forth a clear statement of its
tion such application forms and other administra- intent as a lending institution or fund-
tive procedures are deemed necessary and desir- ing source to provide whatever capital
able for efficient administration of this article. shall be required by the applicant to
construct and operate the proposed sys-
(c) Application procedure;information required. tem in the county;or if the corporate or
All applications to construct, operate or maintain business entity organization of the ap-
any CATV system in the unincorporated areas or plicant has not been in existence for a
to traverse any portion of those areas for the full five years, the applicant shall sub-
transmitting or conveying of such service else- mit an audited financial statement for
where shall be filed with the board or such office the period of its existence or other
of the county as the board may designate by documentation required by the county.
resolution; and each such application shall set e. A detailed description of all previous
forth, contain, or be accompanied by the follow- experience of the applicant in provid-
ing: ing CATV services or related or similar
(1) The name, address and telephone number services, which includes a statement
enti n id b lace and date an of the applicant. g� Y P Y
other cable television franchise awarded
(2) A detailed statement of the corporate or to the applicant, its parent or subsid-
other business entity organization of the iary; the status of said franchise with
applicant, including but not limited to the respect to completion thereof;the total
following: cost of completion of such systems;and
a. The names, business addresses, state the amount of the applicant's and its
of residence and country of citizenship parent's or subsidiary's resources corn-
of all general partners and corporate mitted to the completion thereof.
officers of the applicant. (3) A detailed financial plan (pro forma) de-
b. The names, business addresses, state scribing, for each year of the franchise,
of residence and country of citizenship projected number of subscribers, rates, all
of all persons and entities having, con- revenues, operating expenses, capital ex-
trolling, or being entitled to have or penditures, depreciation schedules, income
control 15 percent or more of the own- statements, and statement of sources and
ership of the applicant and the respec- uses of funds. If applicant submits a de-
tive ownership share of each such per- tailed financial plan for a period of less
son or entity. than the requested term of the franchise,
the county may award a franchise to appli-
c. The names and addresses of any par-
ent or subsidiary of the applicant and cant but for a period of time equal to the
number of years or portion thereof, re-of any other business entity owning or
controlling in whole or in part or owned flected in the financial plan.
or controlled in whole or in part by the (4) A detailed description of the proposed plan
applicant. of operation of the applicant, which shall
d. A detailed and complete financial state- include but not be limited to the following:
ment of the applicant, prepared by a a. A detailed map indicating all areas
certified public accountant, for the five proposed to be served, a proposed time
Supp.No. 4 CD30:6
CABLE COMMUNICATIONS § 30-28
schedule for the installation of all equip- for the use of any facilities of the public
ment necessary to become operational utility, including but not limited to poles,
throughout the entire area to be served, lines or conduits.
and the projected total cost for construc- (8) True and exact copies, if filed, of the last
tion of the system. and most current FCC Cable TV Informa-
b. A statement or schedule setting forth tion Report and FCC Form 325 as submit-
all proposed classifications of rates and ted to the FCC.
charges to be made against subscribers
and all rates and charges as to each of (9) Any other reasonable information which
any said classifications, including but could materially affect the granting of the
not limited to installation charges,ser- franchise and which is requested by the
vice charges, and special, extraordi- county.
nary or other charges requested by the (10) For applicants in existence for less than
county. The purchase price, terms and three years, except for subsidiaries or affil-
nature of any optional or required equip- iates of existing cable companies,the county
ment, device or other thing(s) to be in its discretion may agree to accept other
offered for sale to any subscriber shall information in lieu of the items reflected in
be described and explained in detail. this paragraph, provided it is acting rea-
c. A detailed statement describing the sonably and is satisfied that the applicant
technical design proposed, the actual has materially complied with the require-
equipment, and the operational and ments of this section.
technical standards proposed by the (d) Fee.
applicant. In addition, applicant shall
�-' submit to the county an affidavit or (1) Each original or transfer application sub-
letter from a qualified engineer accept- mitted for a franchise under the provisions
able to both parties with experience in of this article shall be accompanied by a
the cable industry which letter states nonrefundable application fee in the amount
that the proposed system will ade- of$10,000.00, to offset the reasonable cost
quately provide CATV service to the of processing and evaluating said applica-
proposed service area and that the tion for conformity with the provisions and
applicant's construction projection costs conditions of this article, including but not
are reasonable. limited to the payment of consultants'fees;
(5) A copy of the form of any form of any provided, however, that the board reserves
agreement, understanding or other instru the right to require reimbursement to the
ment proposed to be entered into between county of all costs of processing and evalu
the applicant and any subscriber. ating any application, in excess of
$10,000.00,if such costs are determined by
(6) A detailed statement setting forth in its the board by resolution to be necessary for
entirety any and all agreements and under- the proper evaluation of such application.
standings,whether formal or informal,writ- Each renewal application submitted for a
ten, oral or implied, existing or proposed to franchise under the provisions of this arti-
exist between the applicant and any person cle shall be accompanied by a non-refund-
which may affect control or operation of the able application fee in the amount of
system contrary to this article,as amended,
or a franchise agreement. $5,000.00 to offset the reasonable costs of
processing and evaluating said application,
(7) A copy of any executed agreement covering provided, however, if such costs exceed
the franchise area, if existing between the $5,000.00, then the franchise holder shall
applicant and any public utility, providing be responsible for any additional costs.
Supp.No. 4 CD30:7
§ 30-28 COLLIER COUNTY CODE
(2) Each franchise holder filing an application notice of consideration of a CATV fran-
for expansion of its designated franchise chise.Said notice shall name the applicant,
area shall pay the sum of$5,000.00 as is describe the proposed service area, invite
required by subsection (1) of this subsec- the filing of an application under the pro-
tion (d). Upon board approval or denial of visions of this article by all persons inter-
the expansion, the county shall refund to ested in establishing a CATV system in the
the franchisee any portion of the expansion proposed service area, invite objections to
application fee which is not used by the the establishment of a CATV system in the
county for the review of the expansion proposed service area from existing CATV
application. systems and the general public and set a
(3) Any applicant who has had a franchise time and date certain, within at least 25
approved by the county and then declared business days from the date of the first
null and void or revoked by a court may not publication of the notice,for a public hear
be required to pay an application fee, un- ing on all applications filed for the estab
less the board determines that the county lishment of a CATV system in said pro
will incur actual expenses including but posed service area and for all objections to
not limited to consulting fees to review a the establishment of such CATV system.
new application. Any written reports,studies or materials to
be considered by the board of county corn-
(e) Public hearing on applications. Upon re- missioners at the public hearing must be
ceipt of an application for a franchise submitted submitted to the county administrator's
under the provisions of this article and within 90 office within 15 days from the date of the
days,or such extended period of time as the board first publication of notice of the public �1
may approve upon request by the administrator, hearing.
the county administrator shall review the appli- (2) The initial application and all subsequent
cation for sufficiency and compliance with subsec- applications received prior to the public
tion(c)of this section. If the county administrator hearing shall be a matter of public record.
finds that the application is incomplete, he shall Any application may be amended in writ-
return it to the applicant with a letter describing ing at any time prior to the date of the
any and all insufficiencies found in the applica- public hearing. No amendments to filed
tion. The applicant may then reapply for a fran- applications, oral or written, and no new
chise upon correcting the deficiencies noted by the applications shall be received after the time
county manager. Upon receipt of the revised and and date set for the public hearing or a
amended application, the county administrator continued public hearing, unless amend-
shall review the application within a 90-day pe- ments to the application are requested by
riod or such extended period of time as the board the county. The public hearing may be
may approve upon request by the county man- continued from time to time and from place
ager. Upon review and after finding that the to place as determined to be necessary by
application is complete and in compliance with the board.
subsection (c), the county administrator shall
make a recommendation to the board regarding (f) Issuance of franchise.
the award of a franchise to the applicant and shall (1) The board may issue one or more non
forward said application to the board for publica- exclusive franchises from the applications
tion of a notice in accordance with subsection (1) filed and considered at a public hearing.
of this subsection (e). The board shall, prior to an issuance of a
(1) Upon receipt of an application for a fran- franchise,consider the information and cri-
chise and after review by the county admin- teria required by this article and any other
istrator, the board shall publish once a information it deems appropriate in mak-
week for three consecutive weeks in a pa- ing a determination to issue a franchise.
per of general circulation in the county a During the public hearing or a continued
Supp. No.4 CD30:8
CABLE COMMUNICATIONS §30-28
public hearing the board of county commis- rent operator's franchise, the county may
sioners shall also consider, investigate and impose such conditions as it deems neces-
make findings regarding the following: sary and proper.
a. The economic impact upon private prop- (3) The board of county commissioners has the
erty within the franchise area; authority to retain an expert or consultant
b. The public need for such a franchise,if to conduct a study at any time in order to
any; determine whether the county is able to
c. The capacity of public rights-of-way to handle an overbuild or overlapping fran-
accommodate the cable system; chises, economically or practically, or for
any other purpose which the board deems
d. The present and future use of the pub- necessary in order to adequately evaluate a
lic rights-of-way to be used by the cable franchise application.Any resulting fees or
system; expenses of experts or consultants are to be
e. The potential disruption to existing borne by the applicant.
users of the public rights-of-way to be (4) The board shall vote and thereafter notify
used by the cable system and the re- in writing all applicants of its decision
sultant inconvenience which may oc- within 30 days from the adjournment of
cur to the public; said public hearing. Said notice shall spec-
f. The financial ability of the franchise ify the aforementioned factors that were
applicant to perform and to make the determinative of its decision. All of the
necessary investment to erect, operate statements and declarations contained in
and maintain the cable system; the application shall be incorporated as
conditions and material representations of
g. The experience of the applicant in the any franchise that is issued by the board,
erection, operation and maintenance and the breach of any of such conditions
of a CATV system; and representations shall constitute cause
h. The location and type of permanent for termination of the franchise by the
facilities proposed to be constructed for board. The approval of the written decision
the cable system; by the board shall be deemed an award of
i. The technical quality and complete- the franchise.
ness of the proposed plan for operation (g) Term. No franchise shall be issued for a
of the cable system; term longer than ten years. All current CATV
j. The requisite legal, character, fman- franchise agreements shall remain in effect until
cial, technical and other qualifications their respective date of expiration, subject to any
necessary to construct, own and oper- provisions of this article deemed applicable to
ate a cable television system. existing franchisees.However,any franchisee hold-
(2) In considering the desirability of an addi ing a current franchise under any previous ordi-
tional or expanded cable operator,the board nance or franchise agreement may file for a
of county commissioners shall balance the renewal of its franchise pursuant to the terms of
desirability to promote competition in the this article which require adequate notice to the
cable television industry so as to promote a public and opportunity to comment, and may
diversity of information and the provision have its franchise renewed for a period not to
of high-quality cable services at the lowest exceed ten years.
economic price against the unreasonable
disruption of private and public property (h) Effective date.
by multiple cable operations.Furthermore, (1) Any franchise granted pursuant to the pro-
if the county grants a franchise for an visions of this article shall become effective
additional cable operator or expands a cur- as provided herein.
Supp.No. 4 CD30:9
§30-28 COLLIER COUNTY CODE
(2) Within 30 calendar days after the award- allowable by federal law,up to a maximum
ing of a franchise pursuant to subsection of five percent of the franchisee's gross
(f)(4)above,or within such extended period revenues or such greater percentage as
of time as the board in its discretion may may from time to time be approved by
authorize,the franchisee shall file with the federal law and renegotiated with the fran-
board its written acceptance of the fran- chisee.
chise, together with a commitment for in-
surance policies and bonding documents (2) An estimated franchise fee monthly pay-
required by sections 30-36 and 30-37, and ment shall be payable to the county within
its agreement to be bound by and to comply 20 days after the close of each month.
with all requirements pursuant to the pro- These payments shall be accompanied by
visions of this article or the franchise.Such an estimated monthly gross revenues re-
acceptance and agreement shall be acknowl- port in a form pre-approved by the county.
edged by the franchisee before a notary Each monthly estimated franchise fee pay-
public, and shall in form and content be ment shall be adjusted, as a credit or debit,
satisfactory to and approved by the board. by the difference between the estimated
The franchisee shall execute the franchise gross revenues collected during the preced-
agreement and other documents required ing month and the actual gross revenues
by the county within 90 days of the award collected by the preceding month. Within
of the franchise pursuant to subsection 60 days after the close of each calendar
(f)(4)unless the county agrees to an exten- year, the franchisee shall deliver to the
sion of such date. county an annual gross revenues audit
report prepared by a certified public accoun-
(i) Business authorization.Any franchise granted tant in a form pre-approved by the county.
by the county shall authorize and permit the All amounts which are not paid when due
franchisee to engage in the business of operating and payable hereunder shall bear interest
and providing a CATV system in all or a portion of at the legal rate, as defined in Florida
the county, and for that purpose, subject to the Statutes,until paid and franchisee shall be
approval of the public works administrator, to fined$100.00 a day until payment is made.
erect, install, construct, repair, replace, recon-
struct, maintain and retain in, on, over, under, (3) Notwithstanding the requirement of sub-
upon, across and along any public right-of-way or section (2) of this section of delivery of a
easement, such poles, wires, cable, conductors, monthly gross revenues report and an an-
ducts, conduits, vaults, manholes, amplifiers, ap- nual audit report by the franchisee, the
pliances, attachments and other property as may county shall have the right and authority
be necessary and appurtenant to the CATV sys- to inspect the franchisee's revenue records
tem; and in addition, subject to the approval of under the franchise and the right of audit
the public works administrator, so to use, operate and recomputation of any and all amounts
and provide similar facilities or properties rented payable under this section. All costs asso-
or leased from other persons, including but not ciated with any such audit shall be borne
limited to any public utility or other franchisee by the franchisee when said audit results
furnished or permitted to do business in the in increasing, by more than ten percent,
county. the franchisee's annual payment to the
(j) Changes to terms and conditions.No changes county.
in the terms of any franchise may be made (4) No acceptance of payment shall be con-
without the prior written approval of the board. strued as a release or as an accord and
(k) Franchise fee. satisfaction of any claim the county may
have for further operational sums payable
(1) The franchisee shall pay as a franchise fee under this article or for the performance of
to the county the maximum percentage any other obligation hereunder until barred
Supp.No. 4 CD30:10
CABLE COMMUNICATIONS §30-28
by the statute of limitations or the proceedings under subsection (1) of this
transpirance of three years,whichever may section, renew the franchise or issue a
be shorter. preliminary assessment that the franchise
(1) Franchise restrictions. should not be renewed and, at the request
of the operator or on its own initiative,
(1) Any franchise granted under this article commence an administrative proceeding,
shall be nonexclusive. after providing prompt public notice of such
(2) No privilege or exemption shall be granted proceeding to consider whether:
or conferred by any franchise granted un- a. The cable operator has substantially
der this article except those prescribed complied with the material terms of
herein or as mandated by state or federal the existing franchise and with appli-
law. cable law;
(3) Any privilege claimed under any such fran- b. The quality of the operator's service,
chise by the franchisee in any street or including signal quality, response to
other public property shall be subordinate consumer complaints,and billing prac-
to any prior lawful occupancy of the streets tices, but without regard to the mix,
or other public property. quality or level of cable services or
other services provided over the sys-
(m) Renewal of franchise. tem, has been reasonable in light of
(1) During the six-month period which begins community needs;
with the 36th month before the franchise c. The operator has the financial, legal
expiration, the franchising authority may and technical ability to provide the
on its own initiative, and shall at the re- services, facilities and equipment as
�, quest of the cable operator, commence pro- set forth in the operator's proposal;
ceedings which afford the public in the and
franchise area appropriate notice and par- d. The operator's proposal is reasonable
ticipation for the purpose of: to meet the future cable-related com-
a. Identifying the future cable-related corn- munity needs and interests,taking into
munity needs and interests; and account the cost of meeting such needs
b. Reviewing the performance of the ca- and interests.
ble operator under the franchise dur- In any proceeding under this subsec-
ing the then current franchise term. tion, the cable operator shall be af-
(2) Upon completion of a proceeding under forded adequate notice and the cable
subsection (1) of this section, a cable oper- operator and the board or its designee
ator seeking renewal of a franchise may,on shall be afforded fair opportunity for
its own initiative or at the request of the full participation, including the right
county, submit a proposal for renewal.Any to introduce evidence (including evi-
such proposal shall contain such material dence related to issues raised in the
as the county may require, including pro- proceeding under subsection(1)of this
posals for an upgrade of the cable system. section), to require the production of
The county may establish a date by which evidence, and to question witnesses.A
such proposal shall be submitted. transcript shall be made of any such
(3) Upon submittal by a cable operator of a proceeding.
proposal to the county for the renewal of a At the completion of a proceeding
franchise, the county administrator shall under this subsection, the board shall
provide prompt public notice of such pro- issue a written decision granting or
posal and, during the six-month period denying the proposal for renewal based
which begins on the completion of any upon the record of such proceeding,
Supp. No. 4 CD30:11
§ 30-28 COLLIER COUNTY CODE
and transmit a copy of such decision to (6) Any decision of the board on a proposal for
the cable operator. Such decision shall renewal shall not be considered final un-
state the reasons therefor. less all administrative review has occurred
(4) Any denial of a proposal for renewal shall or the opportunity therefor has lapsed.
be based on one or more adverse findings (7) For purposes of this section,the term fran-
made with respect to the factors described chise expiration means the date of the
in subsections a. through d. of subsection expiration of the term of the franchise, as
(3)of this section pursuant to the record of provided under the franchise, as it was in
the proceeding under subsection (3). The effect on the date of the enactment of this
board may not base a denial of renewal on article [November 15, 1988].
a failure to substantially comply with the
material terms of the franchise under sub- (8) Notwithstanding the provisions of subsec
section (3)a. or on events considered under tions (1)through(7)of this section, a cable
subsection (3)b. in any case in which a operator may submit a proposal for the
violation of the franchise or the events renewal of a franchise pursuant to this
considered under subsection (3)b. occur af- subsection at any time; and the board may,
ter the effective date of this article [Novem- after affording the public adequate notice
ber 23, 19881 unless the county has pro- and opportunity for comment,grant or deny
vided the operator with notice and the such proposal at any time (including after
opportunity to cure,or in any case in which proceedings pursuant to this section have
it is documented that the county has waived commenced). The provisions of subsections
its right to object, or has effectively acqui- (1) through (7) of this section shall not
esced. apply to a decision to grant or deny a -�
proposal under this subsection. The denial
(5) Any cable operator whose proposal for re- of a renewal pursuant to this subsection
newal has been denied by a final decision of shall not affect action on a renewal pro-
the board made pursuant to this section,or posal that is submitted in accordance with
has been adversely affected by a failure of subsections (1) through (7).
the board to act in accordance with the
procedural requirements of this section, (9) In the event the board elects not to grant a
may appeal such final decision or failure renewal of the franchise under the provi-
pursuant to the provisions of 47 U.S.C. sions of subsection (1) of this section or in
section 555 of the Cable Communications the event a franchise is terminated under
Policy Act of 1984. the provisions of section 30-52 of this arti-
cle after the franchise holder has ex-
The court shall grant appropriate
relief if the court finds that: hausted all administrative and legal reme-
dies of appeal denying renewal of the
a. Any action of the board is not in corn- franchise,the franchise holder shall have a
pliance with the procedural require- period of one year to sell its CATV system
ments of this section; or to a person approved by the board for a new
b. In the event of a final decision of the franchise, which approval shall not be un-
board denying the renewal proposal, reasonably withheld, or a period of one
the operator has demonstrated that year after termination of service to remove,
the adverse finding of the board with at its expense, all portions of the CATV
respect to each of the factors described system from the public rights-of-way as
in subsections a. through d. of subsec- described in section 30-53 of this article. In
tion (3) of this section on which the the event such previous franchise holder
denial is based is not supported by a does not effectuate a sale of its CATV
preponderance of the evidence, based system to a person approved by the board
on the record of the proceeding con- for a new franchise or does not remove all
ducted under subsection (3). portions of its CATV system from said
Supp.No. 4 CD30:12
CABLE COMMUNICATIONS § 30-31
public rights-of-way within said period of ter equitably and reasonably extend energized
one year, the portions of the CATV system cable to a substantial percentage of its franchise
that remain within said public rights-of- area each year.A substantial percentage is hereby
way shall be considered abandoned and determined to be 15 percent of the homes within
shall be governed by the provisions of sec- the service area described in the franchise. Fail-
tion 30-53 of this article. ure to accomplish said significant construction of
(10) In the period between termination of the the proposed CATV system within said service
franchise and the granting of another fran- area within a period of one year from the date of
chise, but not to exceed 12 months, the issuance of an original franchise or the extension
franchisee shall continue to provide service of a service area or failure to equitably extend
to the public as if its franchise were still in energized cable to at least 15 percent of its fran-
effect. chise area each year thereafter may result in
(Ord. No. 88-90, § 3; Ord. No. 94-12, § 2; Ord. No. cancellation of said franchise by the board as
96-15, § 1, 3-26-96) provided in this article. However, said 15 percent
shall only apply to areas where the density is 35
Sec. 30-29. Rights. homes per street or road mile or more.
(a) The right is hereby reserved to the county (b) In the event a franchisee has not completed
to adopt, in addition to the provisions contained construction and is not offering CATV service to
herein and in existing applicable agreements, at least 85 percent of the homes within the service
such additional regulations as it shall find neces area described in its franchise at the expiration of
sary in the exercise of the police power; provided five years from the date of the issuance of said
that such regulations,by ordinance or otherwise, franchise, the board shall have the right to with-
shall be reasonable and not in conflict with the draw a portion of said service area in the interest
terms and conditions of the franchise and the of the public convenience and necessity. Said
action shall be taken only after a public hearing
rights herein granted.
established by the board for the purpose of allow-
(b) The county shall have the right during the ing the franchisee to show cause why such action
life of this article to install and maintain free of should not be taken.
charge upon the poles of the franchisee all wire
and pole fixtures necessary for a police alarm (c) It shall be the responsibility of the public
system, or traffic-control system on the condition works administrator to inspect and verify perfor
that such wire and polefixtures do not interfere mance.
with the present and future CATV operation of (Ord. No. 88-90, § 5)
the franchisee.
Sec. 30-31. Rights to use streets not war-
(c) The county shall have the right to inspect at ranted.
the franchisee's business office the maps, plans It is understood that there may from time to
and other like materials of the franchisee at any time be within the county various streets which
time during normal business hours where such
maps, plans and other materials are related to the county does not have the unqualified right to
this article or any franchise granted by the county. authorize a franchisee to use, because of reserva
(Ord. No. 88 90, § 4) tions in favor of the dedicators or because of other
legal impediments; therefore, in granting a fran-
Sec. 30-30. Initial performance guarantee. chise,the county does not warrant or represent as
to any particular street or portion of a street that
(a) Within one year from the date of issuance of it has the right to authorize the franchisee to
an original franchise or the extension of a service install or maintain portions of its system therein,
area,the franchisee shall accomplish construction and in each case the burden and responsibility for
of 25 percent of the proposed CATV system within making such determination in advance of the
the entire service area where the density is 35 installation shall be upon the franchisee.
homes per street or road mile, and shall thereaf- (Ord. No. 88-90, § 6)
Supp. No. 4 CD30:13
§30-32 COLLIER COUNTY CODE
Sec. 30-32. Other agreements, permit and (b) Indemnification.
easement requirements. (1) By acceptance of the franchise granted
The county shall not be required to assume any under this article, the franchisee agrees to
responsibility for the securing of any rights-of- indemnify, defend and hold harmless the
way, easements, or other rights which may be county, its officers, boards, commissioners,
required by the franchisee for the installation of a agents and employees, from any and all
CATV system,nor shall the county be responsible actions, claims, suits, penalties and judg-
for securing any permits or agreements with ments for damages at law or equity of any
other persons or utilities. nature whatsoever arising out of or through:
(Ord. No. 88-90, § 7) a. The acts or omissions of the franchisee,
its servants, employees and agents;
Sec. 30-33. No property rights conveyed. and/or
b. The conduct of its business as a cable
Nothing in this article or in the franchise shall television communications service.
grant to the franchise holder any right of property
in county-owned property or public rights-of-way (2) The franchisee shall defend in the name of
as described in section 30-28(a)of this article;nor the county, and pay all expenses incurred
shall the county be compelled to maintain any of by the county in defending itself, with
its property or said public rights-of-way any longer regard to all damages and penalties the
than, or in any fashion other than in the county's county may legally be required to pay as a
judgment, as its own business or needs may result of a franchise granted under this
require.In addition,the franchise holder shall not article. Damages and penalties shall in-
be entitled to any compensation for damages from dude but not be limited to damages arising -�
the county as a result of having to remove or out of copyright infringement and all other
relocate its property, lines and cables from said damages arising out of the construction,
public property or public rights-of-way in the installation, operation and maintenance of
event the county determines that a necessity its cable communications system, whether
exists for such removal or relocation. or not any such act or omission is autho-
(Ord. No. 88-90, § 8) rized, allowed or prohibited by this article
or the franchise granted hereunder. Ex-
Sec. 30-34. Jurisdiction of other regulatory penses shall include all incidental ex-
bodies or agencies. penses, including attorney fees and the
reasonable value of any services rendered
Nothing herein shall be construed to grant a by the office of the county attorney.
franchisee any right or privilege lawfully within (Ord. No. 88-90, § 10)
the jurisdiction of any other regulatory body or Sec. 30-36. Insurance.
agency.
(Ord. No. 88-90, § 9) (a) Required.
(1) Simultaneoulsy with the execution of the
Sec. 30-35. Liability, indemnification. franchise agreement, the franchisee shall
provide proof of general liability insurance
(a) Liability in case of emergency. If, at any insuring against claims for liability and
time in case of fire,disaster or other emergency,it damages. The franchisee shall maintain
shall appear necessary in the judgment of the said insurance throughout the term of the
county to cut, move or otherwise interfere with franchise;and said insurance shall include,
any of the wires, cables, amplifiers, appliances or at a minimum,the following types of insur-
appurtenances thereto of the franchisee,the county ance coverage in amounts not less than
shall not be liable for any injury or damage to shown:
such property and equipment of the franchisee as a. Worker's compensation. Coverage to ap- +�
a result of such cutting, moving or interference. ply for all employees for statutory lim-
Supp.No. 4 CD30:14
CABLE COMMUNICATIONS §30-37
its in compliance with the applicable (2) Certificates and renewals. Certificates and
state and federal laws.The policy must renewals of all coverage required shall be
include employers'liability with a limit promptly filed by the franchisee with the
of$500,000.00 each accident. county administrator. Each policy shall re-
b. Comprehensive general liability. Shall quire notice,and the franchisee shall notify
the county within 30 days of any cancella-
have minimum limits of$1,000,000.00 tion or modification of any insurance coo-
per occurrence combined single limit erage required by this article,which notice
for bodily injury liability and property shall be sent by registered mail to the
damage liability. This shall include county administrator or his designee. Re-
premises and/or operations, indepen- newal certificates shall be filed with the
dent contractors, and subcontractors county no less than 30 days prior to the
and/or completed operations,broad form policy expiration date.
property damage,XCU coverage,and a
contractual liability endorsement. (3) Additional insured. The county shall be
included as an additional insured on both
c. Business auto policy. Shall have mini- the comprehensive general liability and
mum limits of$1,000,000.00 per occur- business auto liability policies.
rence combined single limit for bodily
injury liability and property damage (4) Premium payment. Companies issuing the
insurance policies shall have no recourse
liability. This shall include owned ve-
against the county for payment of any
hides, hired and nonowned vehicles
premiums or assessments, and same shall
and employee nonownership.
be the sole responsibility of the franchisee.
(2) The insurance coverage obtained by the (5) When effective. No franchise granted under
franchisee in compliance with this section this article shall be effective unless or until
shall be approved by the risk management
administrator and the county attorney,and each of the foregoing policies'certificates of
such insurance policies, along with written insurance as required in this section have
evidence of payment of required premiums, been delivered to the county.
shall be filed and maintained with the (6) Not waiver. Neither the provisions of this
county administrator during the term of section,nor the acceptance of any bonds by
the franchise. the county pursuant to this article,nor any
damages received by the county thereun-
(3) The insurance coverage and policy require- der shall be construed to excuse perfor-
ments may be changed and increased from mance by a franchisee or limit the liability
time to time at the discretion of the board of a franchisee for damages to the full
of county commissioners to reflect chang- amount of the bonds or otherwise.
ing liability exposure and limits. (Ord. No. 88-90, § 11;Ord. No. 96-15, §2,3-26-96)
(4) Nothing herein is intended as a limitation
to the extent of any legal liability of the Sec. 30-37. Bonding requirements.
franchisee.
(a) Construction bond.
(b) Insurance policy provisions. (1) Simultaneously with the execution of the
(1) Resident company and agent. All insurance franchise agreement, the franchisee shall
policies and bonds as are required of a post with the county either a construction
franchisee in this article shall be written bond or an irrevocable letter of credit is-
by a company or companies authorized and sued by a state bank or a federally insured
qualified to do business in the state, and lending institution in an amount equal to
have a minimum rating of"A XX" in Best's 110 percent of the projected cost of construc-
Rating Guide. tion and installation of the system. Exist-
Supp. No. 4 CD30:15
§ 30-37 COLLIER COUNTY CODE
ing franchisees shall post such a bond or required by this article and shall be in
irrevocable letter of credit with the county addition to the performance bond or irrevo-
and as required by the county administra- cable letter of credit required in subsection
tor at the same time as and in conjunction (b)(1) of this section.
with submission of a construction plan or
reconstruction plan as required by section (b) Permanent performance and payment bond.
30-42(a) of this article, and in any event at (1) Simultaneously with the execution of the
least 30 days prior to the start of construc- franchise agreement or assignment of fran-
tion or reconstruction. Said bond or letter chise in the case of a transfer,the franchise
of credit will be returned at the end of six shall, furnish to the county a performance
years to the franchisee or at such prior bond or an irrevocable letter of credit is-
time as the system has been completed and sued by a state bank or a federally insured
approved by the county, provided: lending institution in the amount of
a. That the franchisee has met or ex- $100,000.00. The performance bond or let-
ceeded the construction schedule re- ter of credit shall be used to guarantee the
quired by section 30-30 and section compliance with performance requirements
30-42; and and payment of all sums which may be-
b. That the franchisee has in good faith come due to the county under this article
complied with all terms and conditions and/or under any franchise agreement en-
of the franchise agreement and all pro- tered into by the county and the franchisee.
visions of this article as well as the The performance bond or letter of credit
rules and regulations herein required shall be maintained in the full amount
specified herein throughout the term of the
and permitted.
franchise and for one year after the fran-
(2) If the franchisee submits a cable system chise expires or is terminated, without re-
construction or reconstruction map and duction or allowances for any amounts which
schedule pursuant to section 30-42(a) of are withdrawn or paid pursuant to this
this article which provides for construction article.
of the system in progressive stages to pro-
(2)vide service to specified and definitive sec-
areas All CATV operators in the unincorporated
tions of his franchise area, the franchisee areas of the county who possess a valid,
may submit a construction bond or irrevo- current franchise,that is in good standing,
cable letter of credit equal only to 110 to operate a CATV operation as of the
percent of the projected cost of construction effective date of this article [November 23,
and installation of each specified and de- 19881 shall not be required to furnish a
finitive section of the system in lieu of the performance bond until such time as cur-
bond or letter of credit required by subsec- rent franchise expiration, transfer or re-
tion (a)(1) of this section; provided, how- newal. Current franchisees may negotiate
ever, that the franchisee must complete accelerated franchise renewals pursuant to
construction of the specified section to which section 30-28(g).
the construction bond applies prior to the (3) The rights reserved to the county with
initiation of construction of a subsequent respect to the bond or the letter of credit
section. are in addition to all other rights of the
(3) If the franchisee shall fail to perform the county.
obligations heretofore set out in this sec- (Ord.No. 88-90, § 12; Ord.No. 96-15, §3,3-26-96)
tion, the franchisee shall forfeit in total to
the county the hereinabove referenced con- Sec. 30-38. FCC petition and license.
struction bond. The franchisee shall, except for existing li-
(4) Said construction bond shall not be in lieu censes, within 60 days after the issuance of a
of any other guarantee or indemnification license under this article, apply to the FCC for a
Supp.No. 4 CD30:16
CABLE COMMUNICATIONS §30-41
registration statement or such other certificate or National Cable Television Association to
license as may be required for the operation of the the effect that the customers shall receive
cable system. Failure of the franchisee to obtain the highest possible level of service.
the necessary permits and licenses within one (2) Underground construction in streets shall
year of the issuance of a franchise under this be of such quality as to assure continuity of
article shall cause the franchise to become null service without the necessity of frequent
and void,unless the franchisee petitions the board street or pavement cutting and shall con-
for an extension of time upon good cause show. tain a self-sealing device to ensure all such
(Ord. No. 88-90, § 13) cables against leakage.
Sec. 30-39. Compliance with applicable laws (3) No portion of the franchisee's system shall
and ordinances. hamper the ability of nonsubscribers from
receiving TV broadcast signals off the air
The franchisee shall at all times during the life waves where, prior to the CATV system's
of this article be subject to all lawful exercise of existence,such signals could be received by
the police power by the county and to such rea- nonsubscribers' television equipment.
sonable regulation by the county as the county (4) The levels of intensity or strength permit-
shall hereafter provide.The franchisee shall com- ted on any drop shall be closely adjusted to
ply with all laws, statutes, codes, ordinances, prevent stray radiation of the CATV signal.
rules or regulations applicable to its business.
Specific and exact compliance to all zoning and (5) The franchisee shall take steps as neces-
building regulations shall be adhered to by the sary to prevent instances of extensive RF
franchisee. radiation.
(Ord. No. 88-90, § 14) (6) All amplifier housing shall be effective
shields against radiation by the amplifying
Sec. 30-40. Signal quality requirements. equipment.
(a) General standards. (Ord. No. 88-90, § 15)
(1) Systems shall be maintained in such a Sec. 30-41. Service requirements.
manner as to prevent radiation from its
facilities in excess of the limits specified in (a) System capability.
applicable rules and regulations of the FCC.
(1) The franchisee's cable distribution system
(2) The systems shall pass standard color tele- of a franchise granted pursuant to this
vision and FM signals without degrada- article shall be capable of carrying at least
tion. 54 television channels and FM radio to
(3) There shall be no visible cross-modulation each subscriber.
products produced in the cable TV systems (2) Each such franchisee shall at all times
on any channel. provide programming on a minimum of 30
(4) The system and all equipment shall be channels and shall provide on its basic
designed and rated for 24 hours per day service, programming on a minimum of 12
continuous operation. channels, unless otherwise preempted by
the FCC, and provided that such program-
(b) Technical specifications. ming is available. Each franchisee shall
(1) CATV systems shall be installed and main- make available without charge to the county
tained in accordance with FCC technical unlimited time on at least one local govern-
specifications,regulations and industry stan- ment access channel.
dards as reflected in the Standards of Good (3) The franchisee shall extend cable televi-
Engineering Practices for Measurements sion service to any building within the
on Cablevision Systems, published by the county which is located on property within
Supp. No. 4 CD30:17
§30-41 COLLIER COUNTY CODE
150 feet of any portion of the distribution more than one identified and designated channel
facilities of the franchisee's existing plant until such time as the current franchise expires,
at the time of application for service. Such ' is transferred or renewed.
extension shall be made within 60 calendar (Ord. No. 88-90, § 16)
days after receipt of a legitimate written
request for such service. There shall, how- Sec. 30-42. Cable system construction.
ever, be no obligation on the part of the (a) Construction map and schedule. The fran-
franchisee to extend cable service beyond chisee shall submit a construction plan or recon-
150 feet from existing distribution facilities struction plan which shall be incorporated by
unless there is a density of at least 35 reference and made a part of the franchise agree-
homes per street or road mile contiguous to ment. The plan shall include cable system design
the existing plant. Provided, however, the details, equipment specifications, and design per-
franchisee shall serve any building in ex- formance criteria. The plan shall also include a
cess of 150 feet if the owner of said building map of the entire franchise area and shall clearly
is willing to pay the actual cost of the delineate the following:
service extension to such building.
(1) Areas within the franchise area where the
(b) Lock-out devices. The franchisee shall make cable system will be initially available to
available,to any residential subscriber so request- subscribers, including a schedule of con-
ing, a "parental guidance" or "lock-out" device struction for each year that construction or
which shall permit the subscriber, at his or her reconstruction is proposed; and
option, to eliminate the audio and visual aspects (2) Areas within the franchise area where ex-
from any channel reception. The franchisee shall tension of the cable system cannot reason-
annually
advise all residential subscribers regard- ably be done due to lack of present or
ing the availability of this device, and an addi- planned development or other similar rea-
tional reasonable charge for any such device may sons,with the areas and the reasons for not
be imposed. serving them clearly identified on the map.
(c) Denial of service. The franchisee may deny Construction or reconstruction Y lans and maps
service to any subscriber where such subscriber shall be submitted to the count administrator's
has previously been a subscriber of the franchisee office at least 90 days prior to the start of con-
and the franchisee previously terminated struction or reconstruction, unless the county
subscriber's service due to nonpayment. agrees to a lesser time period.
(b) Early construction and extension. Nothing
(d) Emergency use of facilities. The franchisee in this section shall prevent the franchisee from
shall install and maintain an audio override ca- constructing or reconstructing the cable system
pacity on all channels for transmission of emer- earlier than planned. However, any delay in the
gency messages and alerts and shall provide for cable system construction beyond the times spec-
character-generated"crawl"information to be su- ified in the plan report timetable shall require
perimposed for the hearing impaired on all video application to and consent by the board.
channels. In the case of any emergency or disas (c) Delay in construction timetable. Any delay
ter, as determined by the county, franchisees beyond the terms of construction or reconstruc-
shall, upon request of the county, make the over- tion timetable,unless approved by the board,will
ride capacity available to the county without
be considered a violation of this article for which
charge for use during emergency or disaster pe-
riod. All CATV operators in the unincorporated the provisions of section 30 51 shall apply as
areas of the county who possess a valid, current determined by the board.
franchise, that is in good standing, to operate a (d) Commencement of construction or reconstruc-
CATV operation as of November 23, 1988 shall tion. Construction or reconstruction in accordance
not be required to provide "crawl" information on with the plan submitted by the franchisee shall
Supp.No. 4 CD30:18
CABLE COMMUNICATIONS §30-42
commence as soon after the grant and acceptance works administrator.Prior to the issuance of such
of a franchise as is reasonably possible. Failure to approval, the franchisee shall submit to the pub-
proceed expeditiously shall be grounds for revo- lic works administrator:
cation of a franchise. Failure to proceed expedi- (1) Strand maps of the system authorized by
tiously shall be presumed in the event construc- the proposed franchise showing plant rout-
tion or reconstruction is not commenced within 12 ing, utility company poles to which the
months of the grant and acceptance of a franchise. system facilities are to be attached; and
(2) True copies of all pole attachment agree-
(e) Additional mandatory extension. Extension
of a cable system into any area not specifically ments made by the franchisee with United
treated in the plan shall nonetheless be required Telephone Company and Florida Power and
Light Company and any other utility or
if the terms of any of the following conditions are company to which an attachment is to be
met: made.
(1) Mandatory extension rule. The franchisee (g) County's right to inspect. The county shall
shall extend cable system upon request to have and maintain the right to inspect the instal-
any contiguous area not designated for lation, construction, operation and maintenance
initial cable service in the construction of the system by the franchisee to ensure the
plan when potential unserved subscribers proper performance of the terms of this article.
can be served by extension of cable system (h) Joint or common use of poles.
past dwelling units equivalent to a density
of 35 homes per street mile. (1) To enhance the public convenience and to
minimize the placement of poles and wire
(2) Early extension. In areas not meeting the holding structures within public ways, the
franchisee shall enter into agreements for
requirements for mandatory extension of the joint or common use of poles or other
cable service, the franchisee shall provide, wire-holding structures where poles or other
upon the request of five or more potential wire holding structures already exist for
subscribers desiring cable service, an esti- the use in serving the county or serving the
mate of the costs required to extend cable public convenience.However,no location of
service to said subscribers. The franchisee any pole or wire-holding structure of the
shall then extend cable service upon re- franchisee shall be a vested interest, and
quest of said potential subscribers accord- such pole or structure shall be removed or
ing to the existing rate schedule. The fran- modified by the franchisee at its own ex-
chisee may require advance payment or pense whenever the public works adminis-
assurance of payment satisfactory to the trator determines it to be necessary in
franchisee. The amount paid by subscrib-
conjunction with a county project.
ers for early extension shall be nonrefund-
able; and in the event the area subse- (2) The county shall be permitted to make use
quently reaches the density required for of the poles or other wire-holding struc-
mandatory extension, such payments shall tures of the franchisee, without charge or
be treated as consideration for early exten- remuneration to the franchisee, if the pub-
sion. lic works administrator determines that
the use would enhance the public conve-
nience and would not unduly damage,ham-
(f) Prior approval by county. Except for individ
ual service drops, the franchisee shall not erect Per or interfere with the franchisee's present
any pole, run any line, or make any attachment, and future operations.
nor shall any construction on public property and (i) Permits, easements and agreements. The
related to the delivery of cable services be com- county shall not be required to assume any re-
menced without the prior approval of the public sponsibility for the securing of any rights-of-way
Supp. No. 4 CD30:19
§30-42 COLLIER COUNTY CODE
or easements,nor shall the county be responsible (4) The franchisee shall have the authority to
for securing any permits or agreements with trim trees upon or overhanging streets,
other persons or utilities. alleys,sidewalks and public ways and places
(j) Location/relocation of facilities. of the county so as to prevent the branches
(1) The franchisee's system may be installed of such trees from coming in contact with
the wires and cables of the franchisee,in a
aboveground in areas where existing power manner approved by and acceptable to the
or telephone facilities are aboveground,and county. At the option of the county, such
shall be installed underground in areas trimming may be done by it or under its
where existing power and telephone facili- supervision and direction at the expense of
ties are installed underground. The fran- the franchisee,if prior notification has been
chisee shall endeavor to enter into agree- given to the franchisee and the franchisee
ments for the purpose of sharing poles with thereafter failed to respond.
any person now or hereafter authorized by
license, franchise or otherwise to erect and (5) Franchisees shall promptly, upon the
maintain overhead or underground wires county's request and at their own expense,
and cables, it being the intent hereof that modify or relocate when necessary any part
all aboveground installations of CATV sys- of their systems to accommodate the aban-
tems shall be accomplished on existing donment of any street.
utility poles and easements where feasible, (6) No location of any underground or
and installed only parallel to existing facil- aboveground facility or structure of any
ities. Where new poles are installed, prior franchisee on public property shall be a
approval of the public works administrator vested interest, and such poles or struc-
as to location must be received. tures shall be removed or modified by a
(2) The franchisee shall not place any fixtures franchisee at its own expense whenever the
or equipment where the same will interfere county determines that the public conve-
with any gas, electric, CATV, telephone, nience would be enhanced thereby.
sewer, drainage or water lines, fixtures or (k) Safety.
equipment; and the location by franchisees
of their lines and equipment shall be in (1) A franchisee's work performance, equip-
such a manner as not to interfere with the ment and job sites shall be in compliance
usual travel on or proper use of said streets, with all applicable state and federal require-
the use of the same for the installation or ments. A franchisee's work, while in
operation of gas, electric, telephone, water, progress, shall be properly protected at all
drainage, or sewer lines equipment, or the times with suitable barricades,flags,lights,
rights or reasonable convenience of owners flares or other devices as are required by
of property which abuts any street. the Manual on Uniform Traffic Control
(3) Franchisees shall relocate any aboveground Devices (FDOT) to protect all members of
portion of their systems underground in the public having occasion to use the por
any county easement or right-of-way area tion of the streets involved or adjacent
where existing power and telephone facili- property.
ties are hereafter so relocated unless a (2) The franchisee shall at all times employ
franchisee elects to purchase said poles due care and shall install, maintain and
owned by the utility company or is permit- use commonly accepted methods and de-
ted to remain on said poles pursuant to vices for preventing failures and accidents
contractual pole attachment agreements. which are likely to cause damage, injuries
Any such relocation shall be at their ex- or nuisances to the public. All structures
pense, and such relocation shall be accom- and all lines, equipment and connections
plished concurrently with relocation or any in, over, under and upon the streets of the
such power and telephone facilities. county wherever situated or located shall
Supp.No. 4 CD30:20
CABLE COMMUNICATIONS §30-43
at all times be kept and maintained in a (m) Transfer prohibited.
safe, suitable, substantial condition, and in (1) A franchisee shall not assign, sell or trans-
good order and repair. The franchisee shall fer its plant or system or any portion thereof,
install and maintain its wires, cables, fix- nor any right, title or interest in same,nor
tures and other equipment in accordance shall a franchisee transfer or assign any
with the requirements of the National Elec- right under this article or under a fran-
trical Safety Code promulgated by the Na- chise agreement to any other person with-
tional Bureau of Standards, the National out prior approval of the county, which
Electrical Code of the American Insurance approval shall not be unreasonably with-
Association, and the Bell System Code of held,and only then upon such conditions as
Pole Line Construction. the county deems necessary and proper.
Prior approval of the county shall be re-
(1) Inspection and performance test. quired where ownership or control of more
(1) The county shall have the right to make than 30 percent of the right of control of
such inspections as it shall find necessary franchisee is assigned to or acquired by a
to ensure compliance with terms of a fran- person or group of persons acting in con-
chise and other pertinent provisions of law. cert, none of whom already own or control
The county shall have the right to require 30 percent or more of such right of control,
the franchisee to provide and keep accurate singularly or collectively.
calibrated test equipment immediately avail- (2) Any transferee of a franchisee's plant or
able for use in the county for the testing of system or any portion thereof shall submit
all service and operation standards in this to the county information which is required
article, and the franchisee shall conduct of an initial applicant as found in section
such tests as requested by the county in 30-28(c)(1), (c)(2) and (c)(3) of this article
order to establish the level of performance and must agree to comply with all provi-
of the system. sions of this article before the county may
(2) The franchisee shall furnish the county approve such transfer.
administrator with a written report of the (Ord.No. 88-90, § 17;Ord.No.96-15, §4,3-26-96)
results of franchisee's annual system proof Sec. 30-43. New developments.
of performance tests, as required by the
FCC. The county may require additional (a) Public hearing. The board shall have the
tests as proof of performance should it have authority to order a public hearing on the provi-
reasonable cause to believe that a sion of additional channel capacity by franchisee
franchisee's system is not providing quality
service transmission to its subscribers.The
franchisee shall pay the costs incurred by
the county for any technical assistance
deemed necessary by the county for obtain-
ing independent verification of technical
compliance with all standards.Reports cov-
ering the following will be maintained and
made available to the county manager upon
request:
a. Complaints, numbers, nature and cor-
rective actions taken, as required by
section 30-55(b)(4).
b. Progress of system expansion and num-
ber of subscribers.
Supp. No. 4 CD30:20.1
CABLE COMMUNICATIONS § 30-45
or on the inclusion in the franchisee's cable system systems for both construction and operation of the
of state-of-the-art technology or upgraded facili- interconnection link.
ties. Notice of such hearing shall be provided to
the franchisee and the public not later than 30 (c) Relief. A franchisee may be granted reason-
days prior to such hearing. able extensions of time to interconnect or the
county may rescind its order to interconnect upon
(b) Determination of need. If after such hearing petition by the franchisee to the county. The
the board determines that: county shall grant said request if it finds that a
(1) There exists a reasonable need and demand franchisee has negotiated in good faith and has
for additional channel capacity and/or state- failed to obtain an approval from the cable system
of-the-art technology or upgraded facilities; or systems of the proposed interconnection or that
the cost of the interconnection would cause an
(2) Provision has been made or will be made unreasonable or unacceptable increase in sub-
for adequate rates which will allow a fran- scriber rates.
chisee a fair rate of return on its invest-
ment(including the investment required to (d) Cooperation required. A franchisee shall co-
provide the additional channels and/or the operate with any interconnection corporation, re-
state-of-the-art technology or upgraded fa- gional interconnection authority or other county,
cilities); and state and federal regulatory agency which may be
hereafter established for the purpose of regulating,
(3) Such requirements will not result in eco- financing, otherwise providing for the intercon-
nomic waste for the franchisee. nection of cable systems beyond the boundaries of
The board may order franchisee to provide a spec- the county.
ified number of additional channels and/or speci- (Ord. No. 88-90, § 19)
fled state-of-the-art technology or upgraded facil-
ities. In considering the economic feasibility of
required cable system improvements, the board Sec. 30-45. Local office; operations.
may consider the extension of the term of the fran (a) Local office. The franchisee shall,throughout
chise to permit the recovery of the cost of said the entire duration of its franchise, maintain an
improvements. Any proposed extension of fran office within the county open to the public during
chise shall be treated procedurally in accordance all reasonable business hours.
with the procedure for franchise renewal,as stated
in section 30-38. (b) Franchise officials. The franchisee shall des-
(Ord. No. 88-90, § 18) ignate a resident manager of the system,and such
person shall reside in close proximity to the ser-
Sec. 30-44. Areawide interconnection of vice area of the franchisee and shall be active in
cable systems. the management of the system in the county
(a) Interconnection required. A franchisee shall throughout the duration of the franchise.The fran-
interconnect access channels of the cable system chisee shall notify the county in writing of any
with any or all other cable systems in contiguous change of the resident manager within 30 cal
adjacent areas, upon the directive of the county. endar days of the change.
Interconnection of cable systems may be done by (c) Maintaining telephone access. Each fran-
direct cable connection, microwave link, satellite, chisee shall maintain within its office a telephone
or other appropriate method.
system with a toll-free telephone number for all
(b) Interconnection procedure. Upon receiving exchanges serving the franchise area; and such
the directive of the county to interconnect, a fran- system shall be so operated that complaints and
chisee shall immediately initiate negotiations with requests for repairs may be received at any time
the other affected cable system or systems in order 24 hours a day, each day of the year, by a person
that all costs may be shared equally among cable representing the franchisee.
CD30:21
§ 30-45 COLLIER COUNTY CODE
(d) Studio facilities. Each franchise existing and expense statement applicable to its operation
prior to this article and serving a minimum of during the preceding 12-month period, a balance
25,000 subscribers as of the enactment of this ar- sheet and a statement of its properties devoted to
tide[November 15, 1988]or upon attaining a min- the cable system operation, by categories, giving
imum of 25,000 subscribers shall maintain studio its investment in such properties on the basis of
facilities adequate to serve the subscribers of the original cost,less applicable depreciation.The an-
franchise within the county,as determined by the nual revenue reports so submitted shall be spe-
board. Each franchise granted pursuant to this cific as to the extent of operations of the fran-
article shall, upon serving a minimum of 25,000 chisee within the unincorporated area of the
subscribers, maintain studio facilities adequate county and shall include number of homes passed,
to serve the subscribers of the franchise within number of cable plant miles,number of subscribers
the county, as determined by the board. Consis- for each type of cable service offered and the gross
tent with community needs and interests, facili- revenues from all sources attributable to the op-
ties shall be adequate to provide the space, erations of the franchisee from within the county.
lighting, and audio and visual equipment neces- (Ord. No. 88-90, § 22)
sary for on-site videotaping and audio recording
of educational, governmental or civic programs. Sec. 30-48. Rate schedule.
Facilities will also have the capability of trans-
mitting locally originated programs to all sub- (a) Filing of rate schedules. The franchisee shall
scribers being served by the franchisee's system. file with the county schedules which shall de-
scribe all services offered, rates and charges for
(e) Resident agents. Each franchisee shall main- all services, and all terms or conditions relating
tain a force of resident agents and employees to thereto. --.
provide prompt response to subscribers within the
county at all times, and shall have sufficient (b) Subscriber payment of rates.
em-
ployees to provide safe, adequate and prompt ser- (1) The franchisee may refuse to furnish or may
vice for its facilities. discontinue furnishing service to a sub-
(Ord. No. 88-90, § 20) scriber who fails to pay installation fees or
monthly service charges when due or for
Sec. 30-46. Access to records. other good cause,but only after written no-
tice to that subscriber.
The county shall have access, at all reasonable
hours,to plans,contracts,engineering,accounting, (2) The franchisee may require subscribers to
financial,statistical,customer and service records pay for the installation and for each month
relating to the property and operation of the fran- of basic service in advance at the beginning
chisee's county system and to such other records of each month.
as may be required by the county to perform its (3) Nothing in this section shall be construed
regulatory responsibilities under this article.Such to prohibit waiver or reduction of charges
records shall be made available upon reasonable for initial installation service, reconnec-
notice at the franchisee's local office. With the tion or other service charges that are made
exception of those records contained in the appli- for promotional purposes.
cation submitted under section 30-28(c), such (Ord. No. 88-90, § 23)
records shall not constitute public records.
(Ord. No. 88 90, § 21) Sec. 30-49. Preferential or discriminatory
practices prohibited.
Sec. 30-47. Submission of financial reports.
The franchisee shall not, as to rates, charges,
The franchisee shall submit revenue reports to service facilities,rules,regulations or in any other
the office of the county manager annually,but no respect, make or grant any preference or advan- ..�
later than 60 days from the due date as required tage to any person, nor subject any person to any
by section 30-28(k), including a detailed income prejudice or disadvantage.This provision shall not
CD30:22
CABLE COMMUNICATIONS §30-51
apply to discounts provided to owners or opera- formation,a franchisee shall pay$50.00 per
tors of multiple-unit dwelling complexes when such day for each day, or part thereof, that each
discounts or contract rates are provided under con- violation occurs or continues;
tract or "bulk bill" agreements.
(Ord. No. 88 90, § 24) (3) For failure to test, analyze and report on
the performance of the system following a
written request to do so, a franchisee shall
Sec. 30-50. Rules of franchise. pay $100.00 per day for each day, or part
thereof, that such noncompliance contin-
The franchisee shall have the authority to pro- ues;
mulgate such rules, regulations, terms and con-
ditions governing the conduct of his business as (4) For failure to provide in a continuing man
shall be reasonably necessary to enable the fran- ner the types of services proposed in the
to exercise his rights to perform his obliga-
tions accepted application or renewal proposal,
tions under this article and to assure an uninter-
rupted the board specifically approves a de-
chiseerupted service to each and all of his customers; lay or change or the franchisee has ob
provided, however, that such rules, regulations, tained modification of its obligation under
terms and conditions shall not be in conflict with 47 U.S.C. section 545 of the Cable Commu-
the provisions of this article or the franchise agree- nications Policy Act of 1984, a franchisee
ment and shall be filed with the county. shall pay $500.00 per day for each day, or
(Ord. No. 88-90, § 25) part thereof, that each noncompliance con-
tinues;
Sec. 30-51. Liquidated damages. (5) For failure of franchisee to comply with op-
erational,maintenance,technical standards
'�. (a) Failure to comply with time and perfor- or consumer protection standards, franchi-
mance requirements. By acceptance of any fran- see shall pay $500.00 for each day, or part
chise granted by the county, a franchisee under- thereof, that such noncompliance contin-
stands and shall agree that failure to comply with ues; and
any time and performance requirements as stip- (6) For any other action or nonaction by the
ulated in this article and/or a franchise agree- franchisee, as agreed upon between the
ment will result in damage to the county, and that county and the franchisee, and set forth in
it is and will be impracticable to determine the the franchise agreement.
actual amount of such damage in the event of de-
lay or nonperformance; the franchise agreement Nothing in this section shall preclude further liq-
shall include but not be limited to provisions for uidated damages as agreed upon by the parties in
liquidated damages to be paid by the franchisee, the franchise agreement.
in amounts set forth in the franchise agreement
and chargeable to the performance bond or letter (b) Notice of intention to assess. If the county
of credit required by section 30-37 for the follow- administrator concludes that a franchisee is lia-
ing concerns: ble for liquidated damages pursuant to this sec-
(1) For failure to complete system construction tion, he shall issue to the franchisee by certified
or reconstruction in accordance with this mail a notice of intention to assess liquidated dam-
article unless the board specifically approves ages. The notice shall set forth the basis of the
the delay by motion or resolution, a fran- assessment, and shall inform the franchisee that
chisee shall pay $500.00 per day for each liquidated damages will be assessed from the date
day, or part thereof, the delinquency con- of the notice unless the assessment notice is ap-
tinues; pealed for hearing before the board and the board
(2) For failure to provide, upon written re- rules:
quest, data, documents, reports, and/or in- (1) That the violation has been corrected; or
Supp.No. 1 CD30:23
§30-51 COLLIER COUNTY CODE
(2) That an extension of time or other relief (4) The franchisee fails to commence construc-
should be granted. tion within one year from the effective date
of this article.
A franchisee desiring a hearing before the board (5) The franchisee fails to complete construc-
shall send a written notice of appeal of assess- tion pursuant to the requirements of this
ment of liquidated damages by certified mail to article within the time required by its fran-
the county administrator within ten days of the chise.
date on which the county sent the notice of inten-
tion to assess liquidated damages.The hearing on (6) The franchisee fails to provide service to its
the franchisee's appeal shall be within 30 days of subscribers as required by the terms of this
the date on which the county receives the written article,the franchise agreement,or the Ca
notice of appeal. After the hearing, if the board blevision Act of 1984, as amended, which
sustains in whole or in part the county adminis- ever is stricter.
trator's assessment of liquidated damages, the (b) Right of suspension.The county reserves the
county administrator may at any time thereafter right to suspend any or all of the rights of a fran-
draw upon the performance bond or the letter of chisee upon a finding that the franchisee is failing
credit required by this article. Unless the board to provide efficient service to its subscribers with-
indicates to the contrary,said liquidated damages in the unincorporated areas of the county or for
shall be assessed beginning with the date on which any grounds specified in subsection(a)of this sec-
the county sent the notice of the intention to as- tion. This shall include the right of the county to
sess liquidated damages and continuing thereaf- prohibit further expansion of service areas until
ter until such time as the violation ceases, as de- service in the areas being served is brought up to
termined by the county administrator. minimum acceptable standards. ^`
(Ord. No. 88-90, § 26; Ord. No. 94-12, § 3)
(c) Procedures for termination. The franchise
may be terminated in accordance with the follow-
Sec. 30-52. Termination. ing procedures:
(1) The county administrator shall notify the
(a) Right of termination. The county reserves
the right to suspend,terminate and cancel a fran- franchisee in writing of the exact nature of
chise and all rights and privileges of a franchisee the alleged violation constituting a ground
for termination and give the franchisee 30
thereunder after due process as specified by sub- days, or such other greater amount of time
section (c) of this section for just and reasonable as the county administrator may specify,to
cause or in the event that any one of the following correct such violation or to present facts
occurs: and argument in refutation of the alleged
(1) The franchisee, after 30 days'notice by cer- violation.
tified mail by the county, violates any pro- (2) If within the designated time the franchi-
vision of this article or any rule, order or see does not remedy and/or put an end to
determination of the county made pursu- the alleged violation,the board,after a pub-
ant to this article, except that if such vio- lic hearing, may direct the termination of
lation by the franchisee is without fault or the franchise if it determines that such ac-
through excusable negligence. tion is warranted.
(2) The franchisee becomes insolvent, unable (Ord. No. 88-90, § 27)
or unwilling to pay its debts,or is adjudged
bankrupt. Sec. 30-53. Removal, abandonment and res-
(3) The franchisee attempts to evade any of the
toration of system.
provisions of this article or of the franchise (a) Removal required.A franchisee shall prompt-
agreement or practices any fraud or deceit ly remove from the streets or public places all
upon the county. portions of the system and poles of such system,
Supp.No. 1 CD30:24
CABLE COMMUNICATIONS §30-54
other than any which the county may permit to be (2) If a franchisee fails to properly and prompt-
abandoned in place, in the event any of the fol- ly restore the area, the county, at its elec-
lowing occurs: tion,may restore the area and cause forfei-
(1) In the event that the use of a part of its ture of the permanent performance bond
system is discontinued for any reason for a and, if it is still in effect, forfeiture of the
continuous period of 12 months. construction bond in order to reimburse the
county for any costs and expenses it incurs
(2) In the event such system or property has for restoring the area.
been installed in any street or public place (Ord. No. 88-90, § 28)
without complying with the requirements
of the franchisee's franchise or this article. Sec. 30-54. Public, educational and institu-
(3) In the event that the franchise has been tional services.
terminated, canceled or has expired with- (a) Public service. The franchisee shall provide,
out renewal, assignment or transfer. upon written request by the county, one basic ser-
vice drop for CATV service without installation or
(b) Removal procedures. The franchisee shall monthly charge to the board of county commis-
promptly, upon being given 30 days' written no- sion office, public schools, county-owned and -op-
tice,begin to remove from the streets all property erated emergency medical services stations, fire
and poles of the CATV system other than those stations, civil defense facilities, satellite govern-
which the county, in its discretion, may permit to ment services buildings, and the county sheriffs
be abandoned. department; provided, however, that the cost of
the installation of said service drop beyond 150
(c) Abandonment. feet from the distribution line shall be borne by
(1) Any property of the franchisee remaining the appropriate governmental or private body.
in place after the reasonable time limit set
by the county, after the termination or ex- (b) Local government and educational access
piration of the franchise, shall be consid- channels.
ered permanently abandoned. (1) The franchisee shall make available unlim-
(2) The failure to reclaim property, before it is ited time on at least one channel for local
considered to be permanently abandoned government access at no charge to the coun
as outlined in this section, shall constitute ty, and the county shall adopt operating
a franchise violation and shall cause forfei rules for such a channel.
ture of the permanent performance bond (2) The franchisee shall make available at least
and, if it is still in effect, forfeiture of the one channel for the use of state and county
initial construction bond unless the county public educational authorities free of charge.
agrees to accept transfer of ownership of The franchisee shall adopt operating rules
the abandoned property. In that event, the for the educational access channel and shall
franchisee shall submit to the county an file a copy of said rules with the county ad-
instrument in writing, to be approved by ministrator's office.
the county attorney, transferring to the (3) One channel maybe designated by the fran-
county the ownership of such property. chisee for both local government access and
educational access until such time as the
(d) Restoration required. county shall determine that the demand ex-
(1) In the event of such removal as referenced ists for more than one channel. Thereafter,
herein, the franchisee shall promptly re- upon written notice from the county, the
store the street or other area from which franchisee shall comply with the county's
such property was removed to the condition request for additional channels pursuant to
existing prior to the disruption of the street this section.
or other area. (Ord. No. 88-90, § 29)
Supp. No. 1 CD30:25
§30-55 COLLIER COUNTY CODE
Sec. 30-55. Consumer protection provisions. good cause. Service shall be provided to all
interested customers where economically
(a) Definitions. For purposes of this section,the feasible.
following terms and words shall have the mean-
ing herein unless the context clearly indicates that (2) Termination of services. Upon termination
another meaning is intended. When not inconsis- of service to any subscriber, the franchisee
tent with the context, words used in the present shall promptly remove all portions of its
tense include the future,words in the plural num- system, facilities and equipment from the
ber include the singular number and words in the premises of such subscriber upon his re-
singular number include the plural. quest.
Conditions beyond the control of a franchisee (c) Customer complaints.
shall include (1) hurricanes, floods, windstorms (1) All subscriber complaints regarding quali-
and tornadoes, (2) fires and explosions, (3) van- ty of service, equipment malfunctions and
dalism, sabotage and tampering by subscribers, similar matters shall be acted upon by the
(4)construction cuts and other major damages by franchisee as soon as possible.
others of the cable trunk and distribution system,
(2) Except where there exists an emergency sit-
(5)transmittal failure by cable programming pro- nation necessitating a more expedited pro-
viders, both broadcast and satellite fed, (6) and cedure, the franchisee may interrupt ser
commercial electrical power outages in areas where vice,for the purpose of repair or upgrading
the cable system does not have backup power in of the system, only during periods of mini
stalled.
mum use.
Normal operating conditions means those ser- (3) The franchisee shall establish procedures
vice conditions which are within the control of the for receiving,acting upon and resolving sub-
franchisee.Those conditions which are not within scriber complaints. These procedures shall
the control of the franchisee include, but are not be filed with the county administrator.The
limited to, natural disasters, civil disturbances, franchisee shall furnish a notice of such pro-
power outages, telephone network outages, and cedures to each subscriber at the time of
severe or unusual weather conditions. Those con- initial subscription to the system and at
ditions which are ordinarily within the control of least once a year thereafter, which notice
the franchisee include,but are not limited to,spe- shall include complaint telephone numbers
cial promotions,pay-per-view events,rate increas- of the franchisee.
es, regular peak or seasonal demand periods and
maintenance or upgrade of the cable system. (4) The franchisee shall keep a record of and
investigate all written complaints from sub-
Service interruptions means the loss or deteri- scribers.Such records shall identify the sub-
oration of picture or sound of one or more chan- scriber,his address,the nature,location and
nels of a single subscriber, excluding interrup- date of the complaint, and a technician's
tions caused by the program originator. report on the disposition of the complaint.
The county may, during normal business
System interruption means the loss of picture or hours, inspect the subscriber written com-
sound of one or more channels of multiple sub- plaint records of the franchisee which shall
scribers in common system distribution or trunk be kept in the public inspection file.
service area or areas, such as in subdivisions and
neighborhoods. (5) The county administrator is hereby desig-
nated by the county as having primary re-
(b) Service. sponsibility for the continuing administra-
(1) The franchisee shall not without good cause tion of the franchise and implementation of
fail to provide available service to individ- complaint procedures.
uals or prospective subscribers, nor shall (6) The franchisee shall within seven days af-
the franchisee terminate service without ter receiving written request from the coun-
Supp.No. 1 CD30:26
CABLE COMMUNICATIONS § 30-55
ty, send a written report to the county with (3) After normal business hours as described
respect to any complaint. The report to the above, the access line may be answered by
county shall provide a full explanation of company representatives or a staffed an-
the investigation, findings and corrective swering service, or an automated response
steps taken by the franchisee. system. Inquiries received after normal
(7) In all situations where cable service is dis- business hours must be responded to as pro-
rupted to 500 or more subscribers for a time vided herein.
period greater than four hours due to the (4) Under normal operating conditions, tele-
franchisee's plant equipment failure, the phone answer time by a customer represen-
franchisee shall notify the office of the coun- tative, including wait time, shall not ex-
ty administrator immediately. ceed 30 seconds when the connection is
(d) Customer's right upon failure of service. made. If the call needs to be transferred,
transfer time shall not exceed 30 seconds.
(1) Efficient repairs and services. Each franchi- These standards shall be met no less than
see shall render efficient service, make 90 percent of the time, under normal oper-
prompt repairs, and interrupt the service ating conditions measured on a quarterly
only for good cause and for the shortest time basis, during normal business hours as de-
possible. fined herein. Quarters shall be defined as
(2) Notification of interruptions. Such interrup- three-month intervals and shall end on De-
tions,insofar as possible, shall be preceded cember 31st, March 31st, June 30th and
by notice and shall occur during periods of September 30th.The franchisee will not be
minimum use of the system. required to acquire equipment or perform
surveys to measure compliance with the
(3) Limitation of failures. The franchisee shall telephone answering standards above un-
limit failure to a minimum by locating and less an historical record of complaints indi-
correcting area service outages promptly, cates a clear failure to comply.An historical
as provided in this section 3-55. records of complaints shall mean a signfi-
a. A complete report may be required by cant increase in complaints as determined
the county for any failure lasting long- by Collier County, compared to the same
er than 48 hours. time periods of previous years, by custom-
(4) Commercial power outages. In the event of ers or property owner associations to Col-
prolonged commercial power outages be Tier County,concerning the franchisee's per-
yond battery capacity, the franchisee will formance under this section. Upon this
maintain the system with portable genera- evidence, besides investigating to deter-
tors at backup power locations to the limits mine compliance, Collier County may also
of the franchisee's equipment availability, request, and the franchisee shall supply,
in local inventory. monthly reports until the customer's com-
plaints subside or the county investigation
(e) Office hours and telephone availability. fails to verify non-compliance.
(1) Each franchisee must maintain local, toll- (5) Each franchisee shall maintain the follow-
free or collect-call telephone access avail- ing telephone statistics and provide a writ-
able to its subscribers 24 hours per day, ten summary report by franchise area which
seven days per week. shall include:
(2) Each franchisee shall have trained compa- a. Number of calls received; and
ny representatives who will be available to b. Number of calls answered within 30
respond to customer telephone inquiries seconds.
during normal business hours which shall
be from 8:30 a.m. to 5:00 p.m. each week- The summary report will be delivered to
day, excluding national holidays. Collier County within 20 days following the
Supp. No. 1 CD30:27
§ 30-55 COLLIER COUNTY CODE
end of the same period the statistics cover. be completed within 20 calendar days
Statistics will be maintained on all tele- and installations requiring a distribu-
phone operation centers. tion line extension will be completed
(6) Under normal operating conditions,the cus- within 30 calendar days after a feasi-
tomer will receive a busy signal (a condi- bility study has been completed by the
tion of all trunks busy)less than three per- franchisee and an agreement has been
cent of the time. Customers will experience reached between the franchisee and in-
a busy signal not to exceed three percent of tended customer on construction costs,
the time on a cumulative basis on any busi- if any. The time provision shall not ap-
ness day during normal business hours as ply when conditions beyond the control
defined herein. Upon evidence of a signifi of the franchisee prevent completion of
cant increase in customer complaints or oth- the installations. Such condition shall
er evidence of possible telephone service vi- include inability to obtain permits af-
olations as determined by Collier County, ter application has been made or the
the franchisee shall perform measurements lack of availability of necessary equip-
of compliance if internal equipment has the ment within a reasonable time period.
capability or the franchisee shall request This section does not impose any re-
the local telephone provider to perform tests quirement on the franchisee to serve
to determine compliance or authorize the an area. For each violation of this sec
local telephone provider to perform tests and tion,the subscriber shall not be charged
compile data at the request of Collier Coun- for the primary outlet installation
ty. In any event, the test times and inter charge. The primary outlet installa-
vals shall be determined by Collier County. tion charge shall be credited to the sub- ^•
scriber's account within the next bill-
(f) Installations, system and service outages. ing cycle. This penalty shall be
automatically executed by the franchi-
(1) Customer service centers and bill payment see,but shall not apply if the customer
locations will be open at least during nor refused service that was not at the re-
mal business hours as defined herein and quested service location as agreed. In
will be conveniently located. the latter case, the franchisee shall
(2) Under normal operating conditions,the fol- leave written notice to the subscriber
lowing four standards will be met no less of its effort to provide service.
than 95 percent of the time, measured on a b. Excluding conditions beyond the con-
quarterly basis: trol of the franchisee, the franchisee
a. Standard installations will be per- will make a bona fide effort to correct
formed within six business days after (a) service interruptions no later than
an order has been placed. "Standard within 24 hours after the interruption
installations" are those that are locat- becomes known and (b) system inter-
ed up to 125 feet from the existing dis- ruptions within four hours after the in-
tribution system. This time limit shall terruption becomes known if between
not apply to installations requested in the hours of 6:00 a.m. to 12:00 mid-
advance of more than six business days. night. If a system interruption is re-
In those cases,the applicable time lim- ported after 10:00 p.m., this require-
it shall be the requested date of instal- ment applies beginning at 8:00 a.m.the
lation.For purposes of calculating time, next day.The franchisee must begin ac-
unless otherwise provided herein, said tions to correct other service problems
time shall begin the next business day the next business day after notification
after an order has been placed or upon of the service problem. For each viola-
issuance of a permit, if required. In- tion of this section,each subscriber who
stallations in excess of 125 feet must does not receive service as provided
Supp.No. 1 CD30:28
CABLE COMMUNICATIONS § 30-55
herein may request a credit of$10.00 an appointment.The appointment will
per incident in the next billing cycle be rescheduled, as necessary, at a time
but not if(1)the customer refused ser- which is convenient for the customer.
vice, (2)the customer was not at home For each violation of this subsection d.,
or (3) the franchisee determines that each subscriber who does not receive
the request is not a valid one as sup- service as provided herein may request
ported by the service records. In the a credit of $10.00 per incident in the
case of a customer not being at home, next billing cycle but not if(1)the cus-
the franchisee shall leave written no- tomer refused service,(2)the customer
tice to the subscriber of its effort to cor- was not at home or (3) the franchisee
rect service. determines that the request is not a
c. The appointment window alternatives valid one as supported by service
for installations, service calls and oth records. In the case of a customer not
er installation activities will be either being at home, the franchisee shall
specific time or, at maximum, a four- leave a written notice at the subscrib-
hour hour time block (a.m. or p.m.) during er's home of its effort to provide ser-
normal business hours. (The franchi- vice. However,calls on which subscrib
see may schedule service calls and oth- this credit as documented in service
ers were at fault will not be eligible for
er installation activities outside of nor
records.
mal business hours at the express
convenience of the customer.) A fran- (3) If there is evidence of non-compliance with
chisee may not cancel an appointment customer credits as provided in this sec-
with a customer after the close of busi- tion,upon request by the county,each fran-
ness on the business day prior to a chisee shall provide the county manager's
scheduled appointment. For such vio- office a monthly report of non-compliance
lation of this subsection c., each sub- with requirements of this section and re-
scriber who does not receive service as sulting credits.This report shall be provid-
provided herein may request a credit ed to the county manager by the 20th of
of$10.00 per incident in the next bill- each month following the reporting period.
ing cycle but not if (1) the customer
refused service, (2) the customer was (g) Communications between franchisee and
not at home or(3)the franchisee deter- subscribers.
mines that the request is not a valid (1) The franchisee shall provide written infor-
one as supported by service records. In mation on each of the following areas at the
the case of a customer not being at time of installation of service, at least an-
home,the franchisee shall leave a writ- nually to all subscribers, and at any other
ten notice at the subscribers's home of time upon request: (1) product and servic-
its effort to provide service. However, es, (2) prices and options for programming
calls on which subscribers were at fault services and conditions of subscription to
will not be eligible for this credit as programming and other services,(3)instal-
documented in service records. lation and service maintenance policies,(4)
d. If a franchisee representative is run- instructions on how to use the cable ser-
ning late for an appointment with a vice, (5) channel positions of programming
customer and will not be able to keep carried on the system and (6) billing and
the appointment as scheduled,the cus complaint procedures,including the address
tomer will be contacted. The franchi and telephone number of the local fran-
see will make a bona fide attempt to chise authority's cable office.
reassign the appointment to another (2) Customers will be notified of any changes
-- agent or employee prior to canceling in rates, programming services or channel
Supp.No. 1 CD30:29
§30-55 COLLIER COUNTY CODE
positions, as soon as possible through an- (3) No authorization for procurement or dis-
nouncements on the cable system and in semination of subscriber-identifiable infor-
writing to each customer. Notice must be mation or data shall be valid unless it does
given to subscribers a minimum of 30 days the following:
in advance of such changes if the change is a. Specifies the type or types of informa-
within the control of the franchisee. In ad- tion or data covered; and
dition,the franchisee shall notify subscrib-
ers 30 days in advance for any significant b. Identifies the parties authorized to col-
changes in the other information required lect, receive, store, record, transmit or
in the preceding paragraph. otherwise convey this information or
data.
(3) Bills will be clear, concise and understand- All authorizations shall specify the maxi-
able.Bills must be fully itemized,with item- mum period of time that any subscriber-
ization including, but not limited to, basic identifiable information or data shall be pre-
and service tiers and premium service served in any manner or form.
charges and equipment charges. Bills will (4) A written copy of all subscriber-identifiable
also clearly delineate all activity during the information or data which is retained and/
billing period, including optional charges, or disclosed and the disposition of this in-
rebates and credits. formation or data,together with any expla-
nation necessary to make it understandable
(4) In the case of a billing dispute,the franchi-
to the subscriber, shall be provided to the
see must respond to a written complaint affected subscriber within 30 days of pro-
from a subscriber within ten days after re- curement except that information which is
ceipt at the local franchisee's office. necessary for purposes of billing the sub-
scriber or keeping the subscriber informed
(5) Refund checks will be issued promptly, but of programming. Further disclosure shall
no later than either(a)the customer's next be fully detailed in writing to the affected
billing cycle following the resolution of the subscriber within 30 days of such disclo-
request or 30 days, whichever is earlier, or sure.
(b)the date of return of the equipment sup-
plied by the franchisee if service is termi-
nated. Credits for service will be issued no (1) The franchisee shall grant pro-rated cred-
later than the customer's next billing cycle its upon request by subscribers experienc-
following the determination that a credit is ing outages for more than 24 hours. The
warranted. credit shall be retroactive to the beginning
of the outage.
(h) Privacy/use of data. (2) Any of the customer service standards may
be waived by the county manager's office
(1) The franchisee shall comply with all feder- for no-competitive (overbuilt) systems of
al and state laws regarding the collection small size if found to be impractical when
and storing of individual subscriber infor- comparing costs versus subscriber benefits.
mation. (i) Interest on subscriber deposits. If and when
the franchisee collects deposits from its subscrib-
(2) The county or the franchisee shall not,with- ers, it shall pay interest at an annual rate equal
out prior valid written authorization from to the legal rate pursuant to Florida Statutes on
each subscriber so affected,provide any data any deposit of$100.00 or more as required of a
identifying subscriber's name or address to subscriber. The franchisee may elect to pay such
any person except as provided by law and interest annually in the form of credits to sub-
pursuant
to procedures established by state scriber accounts.
and federal law. (Ord. No. 88-90, § 30; Ord. No. 94-12, § 4)
Supp.No. 1 CD30:30
CABLE COMMUNICATIONS § 30-59
Sec. 30-55.1. Rate regulation. the franchisee shall have the right to modify,
amend, delete or otherwise change any of the pro-
The county may, in its sole discretion, regulate visions of this article to such reasonable extent as
cable television rates pursuant to the provisions may be necessary to carry out the full intent and
of the Federal Cable Act then in effect and the purpose of this article. In the event that the coun-
rules,regulations,and orders of the Federal Com- ty does not make such modification, the franchi-
munications Commission as they may be amend- see agrees to continue to conform to the provi-
ed or superseded from time to time. sions of this article until such time as it is
(Ord. No. 94-12, § 5) prohibited from doing so by operation of law. The
county and the franchisee may amend the license
Sec. 30-56. General penalties. granted hereunder in the event the county or the
Any person violating any of the provisions of franchisee determines that substantial and mate-
this article,upon conviction thereof,shall be pun- rial compliance with the original terms of this ar-
ished by a fine not exceeding $500.00 for each tide has been frustrated by any such state, coun-
offense, or by imprisonment for a term not to ex ty or federal requirement.
ceed 60 days, or by both such fine or imprison- (Ord. No. 88-90, § 32)
ment within the discretion of the courts.
Sec. 30-58. Personal liability of county off-
(1) It shall be unlawful for any person to make cials.
any unauthorized connection,whether phys-
ically, electrically, acoustically, inductively Any officer or employee charged with the en-
or otherwise, with any part of a franchised forcement or administration of this article, acting
CATV system within the unincorporated for the applicable governing body in the discharge
area of the county for the purpose of en- of his duties, shall not thereby render himself li-
abling himself or others to receive any tele- able personally;and he is hereby relieved from all
vision signal, radio signal, pictures, pro- personal liability for any damage that may accrue
grams or sound. to persons or property as a result of any act re-
(2) It shall be unlawful for any person,without quired or permitted in the discharge of his duties.
consent of the owner, to willfully tamper Any suit brought against any officer or employee
because of such authorized act performed by him
with, remove or vandalize any cables, wire
or equipment used for the distribution of in the enforcement of any provision of this article
television signals, radio signals, pictures, shall be defended by the county or its representa-
tives until the final termination of the proceed-
programs or sound. ings.
(Ord. No. 88 90, § 31) (Ord. No. 88-90, § 33)
State law references—Penalty for ordinance violations,
F.S. § 125.69; trespass and larceny with relation to utility
fixtures,F.S.§812.14;unauthorized reception of cable televi- Sec. 30-59. Review of orders and decisions.
sion services, F.S. §812.15.
Any person aggrieved by any nonlegislative or-
Sec. 30-57. Subsequent action by state or der or decision of the board shall have the right to
federal authorities. petition the board for a rehearing and reconsider-
ation of any order, regulation or decision. Such
Should the state, the FCC or any other agency petition must be filed within ten days following
of the federal government subsequently require the rendition of such order,regulation or decision.
the franchisee to perform any act which is incon- The effect of the filing of a petition for a rehearing
sistent with any of the provisions of this article or shall operate to stay the order or decision sought
cease to perform any act required by this article, to be reviewed until the petition is disposed of. If
the franchisee shall so notify the county. Upon a petition for rehearing has been denied, such ag-
receipt of such notification, the county shall de- grieved party may have such order or decision
termine if a material provision of this article is reviewed by certiorari to the county circuit court
affected.Upon such determination,the county and or by such other proceedings as may be prescribed
Supp. No. 1 CD30:31
§30-59 COLLIER COUNTY CODE
by court rules, within 30 days after the disposi- Sec. 30-63. County's right of intervention.
tion of their petition for rehearing. The proceed- The county hereby reserves to itself at its own
ings before the board shall be deemed quasijudi- expense, and the franchisee acknowledges the
cial in nature, and such review shall be limited to county's right to intervene in any suit, action or
the record made before the board.
(Ord. No. 88 90, § 34) proceeding involving the franchise granted here-
under or any provision in this article.
(Ord. No. 88-90, § 38)
Sec. 30-60. Superseding of agreements.
This article will govern all activities of cable
television franchisees in the unincorporated areas
of the county to the extent that such activities
may be regulated. Franchise agreement provi-
sions will govern any activities of the parties not
specifically regulated by this article. In the event
an inconsistency exists between provisions of a
franchise agreement existing prior to the enact-
ment of this article [November 15, 1988] and the
provisions of this article,this article shall control.
(Ord. No. 88-90, § 35)
Sec. 30-61. Amendments.
This article may be amended at any time by a
majority vote of the properly constituted board,
provided that the board shall hold a public hear-
ing for such purpose and afford all interested per-
sons an opportunity to be heard with respect to
such amendment.The county administrator shall
submit notice of the public hearing and proposed
amendments to each franchisee in writing at least
30 days prior to said public hearing. This reser-
vation of authority includes the right to reimpose
rate regulations at such future date as it may be
deemed necessary by the board if current federal
laws allow such regulation.
(Ord. No. 88-90, § 36)
Sec. 30-62. Rights and remedies cumulative.
The rights and remedies set forth in this article
are cumulative and shall be in addition to and not
in derogation of any other rights or remedies which
the parties may have with respect to the subject
matter of this article, and a waiver thereof at any
time shall not affect any other time.
(Ord. No. 88-90, § 37)
Supp.No. 1 CD30:32
Chapters 31-33
RESERVED
CD31:1