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Ordinance 88-090COLLXER CO~fTY CABI,B TELEVISION FRANCHISB ORDIHAHCB 1988 (~OLLXERCOUHTY GOVB~~R 3301 East TmuXamX TraXl Haplel~ FL 33962 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 SECTION 4. FscTIo. 5. Bg~lON 6. ~Ec'~xoa 7. COLLIER COUNT~ TELEVISION FRANCNXSE ORDINANCE T~BI~_OF CONTENTS TITLR AND PURPOeg ......... **.o....,.........,,* I FRANCHISING PROVISIONS ..................... .... 7 ~ranchise Required ............................. ? Franchise Award Application Fee 10 'Ublic Nearin, on'APplicati°ns.................. 11 Issuance O£ Franchise .................... . ..... 12 Term of Franchise .......... ° ................... 14 Effective Date Of Franchise ................. oo, 14 Business Authorization 15 Cha,,.. ,o ,ranchi.e ,.--='~'condition.'"'"''"'"""""""'"' Franchise Fee ........... ...oo...o. ......... ..°o 15 Franchise Rest~£ctiona ...................... ..o 16 Renewal Of Franchlse ........................ RIGHTS IN ORDIHANCN ..... ,,.,, ............. ,.,o, 20 INITIAL P~RFOI~tANCB GUARANTYS ............ ,..*** 20 .RIGHTS TO USE . STREETS NOT #ARRANTED .......... , · 21 OTHER AGRE~NTS; PERJ4XT AND EAS~ ~.~u x.~m~s ...; ............................... 22 SECTION 8. NO PROPERTY RIGHTS COHVEYED .................. °. 22 ~ECTION 9. JURISDICTION OF OTHER REGULATORY BODIES 5R AGENCIES .................................... 22 s~"rxot~ 10..~XAnXt, I~, XNDn, mIZICA'rIOtl ....... 22 10.2 Xndenmification .......................... ,..oo, 23 ,,. ~,]~TZOff 12. BO~OIN~ P~gUXRE~L~q~TS ....... 2S 12.1 Con.t~uc,ion So.d ....::::::.. .... :::::::::::::: 25 12,2 Permanent Performance and Payment Bond ......... 27 ~E~TXON 13. FCC PETITION AND LXC~SB ....................... 27 ~X~ 14. ~L~~X~APPLX~ ~8 ~ 9~x~cBq ....... ..... ............,...,........2e ~5.~ ~..~.~ s=,,,,d. ............... :::::::::...:::~, 1~.2 Tec~ical S~ci~Acationl .............. ......,.. 2~ 16.4 Use Of Facilities ... i 29 29 30 30 30 S, z~-~zos 17. 17.1 17.2 17.3 17 o4 17.5 17.6 17.7 17.6 17.9 17.10 17.11 17.12 17.13 TABLE OF CONTENTS (Cont'd) CABLE SYSTEM CONSTRUCTION .................. ..,, 31 Construction Map And Schedule .................. 31 Early Construction And Extension ............... 31 Delay In Construction T~net~bla ................ Commencement Of Construction Or Reconstruction ........,oo.,,.. 31 Additional Mandatory Extension 32 Prior Approval Sy County · Joint Or Common Use Of Poles .................. Permits, Easements and Agreements .............. Locatlon/Ralocation Of Faoilities .............. 14 Safoty ..... ........,......,.o.. Transfer Prohibited ...... ...,.... ............ .. 36 18.1 18,2 ~B~,ION 19. 19,1 19.2 19.3 19.4 ~Zc'TXON 20.1 20.2 20.3 20.4 20.5 ~ECTXON 21. ~XON 22. .f~TXON 23. 23,1 23.2 4IBCTXON 24. ~CTXON 25. IIZ~'Tx~...26, 26.x 26.2 ~!~"TXON 27, 27,1 27.2 27.3 ~mc'~xoN 28. 28.1 2e.2 28.4 NEW DEVELOPMENTS ........ ,,...... .... . ....... ,. 37 ~ublic Hearing ...... *********** ........... **., 37 Determination O£ Heed ........... .... · ....... .. 37 AREAWIDR XNTERCONNECTXON OF CABLR SYSTEMS ..,.. 38 ~nterconnect£on hqu£red"*** .... , ...... ******** 38 Xntercormection Procedure ..... **** .... ******., 39 Relief ***** ............ ********** ....... ****., 38 Cooperation Required .... ********** ........ **., 38 LOCAL OFFXCEI OPERATIONS ..,,, ............ .,.,, 39 ~ocIX Office ,,n=hi.. o.iAiAi;'iiiiiiiiiiliiiiiiiiiiiiiiii 39 Naintaining Telephone Access ................ .. 39 Studio Faoilities ......... . .............. ..... 39 Resident Agents ............................... 40 ACCESS TO RECORDS ..... ,*... ........ , ..... ,.... 40 S~XSSXON OF FINAHCXAL REPORTS ............. ,, 40 ~il~mg Of Ra~e Schedules ,... ....... . ....... ... 40 Subscriber Payment Of Rates ..... . .......... ... 41 PREFERENTIAL OR DXSCRXMXNATORY rRAc~zczs P~OHXiXTED ..... ........ ............. RULES OF FRANCHXSEE ..... ,...0,..,*.,..,.,..,,, hIOUXDATED DAHAGES .....,,,,.,,.. .......... .,,. Failure To Comply #lth Time And Performance Requirmnents ,,..................,, HorAce Of Xntention To Assess .... · .......... ** J~-'~r~ralnation ................ ......... . Right Of Suspension ............... .... . ....... Procedures For Termination ... .............. ... 41 41 42 42 43 44 44 44 4S RE)tOY_AL, ARA,qDOI4J4ZN? AND RESTORATXON OF S¥STI~". ................... ..... 4S Removal R&quired .. :::::::::::::::::::::::::::: 4546 Abandonment ........ . .......................... 45 ReaCH)ration Required ...... , ...... , ............ 46 ii '~"~20N 29. 29,1 29.2 ~CTXO~ 30. 30.1 30.2 30.3 30.4 30.5 FE wzos 22. TABLE OF CONTENTS (Conrad) CONSU~R PROTECTION PI~OVISIONS ....... ......... 47 Service ..,,,....,,..o.,,,,,.,......,,.,.,,oo,, 47 Customer Complaints ............................ 47 Cultomer'l Right Upon Failure Of Service ..... . 48 Privacy/Use of Data ........................... 50 Interest On SublcrXber DepolLtl ........... .... SI GEHERAL PKI~AL?XES ,.., ..... .. ............. ,,... 51 SUBS~U~TACTXOR BY STAT~ OR ~EDERAL AUTHORITIES .... .,...,,, ..,.. .... ....,... PERSON~ LXJ~BXLXTY OF CO~ OFFXCXJ~T~B ....... , S1 52 IU~VI~ OF O~DERS ~D DECISIONS .............. ., S2 SUPERSEDING OF AGRF.,FJ~S .................. .,. 53 ~4gh'D~'TS ............. ,,,,, .................. S3 RXGI~S AND R.E~EDXES C~UL~TX~ .... . ..... ,...., S3 COUh'TYiS RIGHT OF INTerIOR ... ........ ..,,. S3 SEYERABXLXTY ............ .... .............. .... 54 .com~x~XNG ~s S4 CODIFICATION ,,,..,...,,,,,o ....... ,...,...,,,, S4 ~Flr~TXV~ DAT~ , .... ,,,,..,,,..,,,...,..,.,,,,, .S4 ORZ)INAHC~ NO. 88-~ AN ORDINANCE ESTABLISHING TEE COLLIER COUNTY CABLE TELEVISION FRANCHISE REGULATIONS! PROVI- DING A TITI2~ AND PURPOSE~ PROVIDING DEFINITIONS~ PROVIDING FRANCHISING PROVISIONS~ SETTING FORTH RIGHTS~ REQUIREMENTS AND JURISDICTION~ PROVIDING FOR AN INITIAL PERFOPJ4ANCE GUARANTEE! BETTING FORTH LIABILITY AND INDEMNIFICATION PROVISIONS! SETTING FORT}! INSURANCE AND BONDING REQUIRF~tENTS~ REQUIRING FCC PETITION AND LICENSE~ PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES! PROVIDING REQUIREMENTS FOR SIGNAL QUALITY AND SERVICE~ SETTING FORTH REQUIREMENTS FOR CONSTRUC- TION, INSTALLATION AND OPERATION! PROVIDING FOR NEW DEVELOPMENTS~ PROVIDING FOR AREAWIDE INTER- CONNECTION~ PROVIDING FOR LOCAL OFFICE AND RESIDENT MANAGER~ PROVIDING FOR ACCESS TO RECORDS~ PROVIDING FOR SUBMISSION OF FINANCIAL REPORTSj SETTING FORTH RATE SCHEDULE GUIDELINES~ PROHIBITING PREFERENTIAL OR DISCRIMINATORY PRACTICES! PROVIDING FOR RULES BY FRANCHISEE! PROVIDING FOR LIQUIDATED DAMAGES! PROVID- ING FOR TERMINATION! PROVIDING FOR REMOVAL, ABANDON- MENT AND RESTORATION OF SYSTEM! PROVIDING FOR PUBLIC. EDUCATIONAL AND INSTITUTIONAl, SERVICES! SETTING FORTH CONSUMER PROTECTION PROVISIONS! PROVIDING FOR GENERAL PENALTIES~ PROVIDING FOR COMPLIANCE NITN SUBSEQUENT ACTION BY STATE OR FEDERAL AUTHORITIES~ SETTING FORTH THE PERSONAL LIABILITY OF COUNTY OFFICIAI~ PROVIDING FOR REVIEN OF ORDERS AND DECISIONS, AND SUPERCEDING OF AGREENENTS! PROVIDING FOR .~4ENDHENTS AND CUNULATIVE RIGHTS AND REHEDIES! PROVIDING FOR THE COUNTY'S RIGHT OF INTERVENTION~ PROVIDING FOR SEVERABILZTY, CONFLICTING LAWS AND CODIFICATION~ SETTING FORTH AN EFFECTIVE DATE. · ,;. [ECTION 1. TITLE AND PURPOSE. Short Title. This Ordinance shall b~ known and may cited aa the 'Collier County Cable Television Franchise Ordinance." Purpose. This Ordinance is enacted under the home of the County £or the purpose of providing neceaee~ ~!YS: t~cot~orated l~n~tts o£ Collier County, Floridal and, regulations, conditions and provisions which shall applys ia) To the grantlnq, issuance and renewal o£ non- ~cluaive ~ranchises for the installation, operation, use and ~ntenance o£ cable television cmmsunication a~stenm w~thin the (b) To provide reasonable and suitable protection and con~rol over the use o£ County-o~ned easen~ntl and rights-of-way cable television £ranchisees! all An the interest o£ the Collier Cowry, Florida. ~asss, ~rds and their derivations shall have the ~aninq he~ein ~less ~e context clearly indicates that answer ~lng la IntendS. ~en not inconsistent ~1~ ~e context~ ~n ~e present tense include ~e ~uture, ~rds In ~e plural n~r include ~e singular m,~r, and ~rds in the sin~la~ :~ ~.1 'Access Channel' ~ans a channel d~lcated In whole or ~ part to local progranuing which is not originated by a cable CO~pany and shall include facilities and equip~ent, which licensee shall ~ke available wl~out charge to ~e ~a~d of C~ty C~issioners and Collie~ County School Board foe ~o p~se of transm~ttinq pr~r~ng by ~e p~l~c, as well as ' ~oVlmntal and ~ducational agencies. ~.2 "Audio Channel' ~ans a band o~ ~equenc&e~ In ~1 tllc~gnet~c a~c~ ~hich Is cap. la o~ ca~ng one (1} 2.3 '~aic 8e~lce' ~ans any tier st service which ~cl~es re,rescission of l~al ~levision bEoadcast signals and ~ ~llc, educational and govermen~l access ch~nels. ~llier ~tM, Florida, or its designee, o~ any successo~ ~ ~rs o~ the 2,5 "C~nity ~tenna Television 8ys~ C~le Television ~lcatlon Syst~ and ~" for the pu~so of this Ordtn~ct~ ~o synon~us te~, desc~lbing a system which ~y ~te~ao, micro.ave, wires, wave-guides, coaxial cables, optics or o~e~ conductus, equl~nt o~ ~acilitils, design~p b~dcast television or radio signals and distrlbutln~ and 2, Tran~tt~nq original cableca~t pr~&ng ~:~, by only selected zeceivers~ and -'~ ~:~< .,. 4. Transmitting and receiving all other ~cluding digital, voice end audio-visual! provided, ho~vez~ 3. Transmitting re!evAsion picturesl file end radio taps p£ograml, not received through broadcast television channels, whether o~ not encoded or processed to pe~m£t reception that any of the services permitted hereunder to be performed, described in this paragraph, shell be those perfo~aed by or through the franchises for subscribers, as herein defined, in the operation o£ a cable television system franchised by the County. Such term does not lnclude~ l. A facility or combination of £ecllities that only to rstransmlt the television signals ol one o~ ~l~ston broadcast stationsl 2. I facility or co~bination o£ facilities that salves only subscribers in one or ~ore smltiple unit d~ellings ~u~ez common o~ne~ship~ control, or managem~nt~ unless such facility or ~acllttles usa any p~lic rlqht~f-~ay o~ utility 3. A facility of a c~n ca~lef, except that such facility shall be considered a cable sys~ to the extent such facility la used In the transmiss~on of video d~ectly to s~scrt~s~ 4. ~y facilities oE any electric utility used solely Eo~ o~atinq its elec~lc utility ~.6 'Ch~nal' ~ans a signaling path or ~rtion tlec~gnetic ~z~uency s~ctr~ which ~s used ~n a lyl~ ~d which ~l ca~le of deliver~ng a television cha~ll 1.7 "Converter" ~ans an electronio device ~hlch con, rtl Sills not susceptible ko reception by the television O~ ~ s~scrl~r to a signal which Is susceptible o~ rlception~ appropriate channel selector also permits the to vier all signals' delivered at designated dial 2..8. "County" means Collier County, Florida. 2.9 "County Manager" means Lhe County ~anagar of Collier County, Florida, or his dea~gnee~ or any successor ~o ~ o~ ~e County 2.1~ "Data Cha~e~" ~ans · band o~ f~e~encias In ~e elec~mgne~c s~c~ vhich ~a cap.la o~ car~ng one ~.12 "FCC" means ~ Federal C~unica~ions C~lss~on, o~ ~bs d~s~gnee, or any successor bo ~he ~s of ~ha ~C. 2.13 "F~ App~ov~" means any necessa~ aubho~Lza~on by ~e FCC bo o~&~e a ~ system ~n ~ho County pursuan~ ~o C~ca~Lons Ac~ of 1934~ as ~ended~ and a~l appL~c~lo ~e~lations, ~lon or renewal ~eraof granted by ~a County to conl~ct~ franchlle area of Collier County whl~lr such franchlle designated al a fr~chise, ~it, license, relolut~on, con~lct~ ~.15 "Franchisee" ~ans ~e ~rson granted a ~ o= ~ont who succeeds the ~rson In accordance wi~ ~l ~rovllions of this franchise ordinance, or anyone who holdl ~r~c~le granted by ~e County p=io= to enac~nt o~ Ordln~c~ · 2,16 "Gross ~venues" ~ans all revenue derived ~ ~ll/cte~ fr~ ~e supplying o~ cable se~Lce, such as /l~ce chargel, ~nstallakion charges, advert~s~q, ~ reconnect fees, fees derived and ~llected f~ access 9ay Per V~, leas~ chapels, preml~ ch~nels, ~y telov~l~On =able system via its distribution facilities, not to include revenues collected for any franchise or copyright fees, exclle~ sales or other taxes collected for local, state or federal government. Ho%~ever, such fees ihall be limited only to the amount received exclusively from operation of said CATV system in the unincorporated areas of the County. 2.17 "Institutional Cable" means the Com~unications Network constructed or operated by the cable company and which generally available only to subscribers who are not residential s~bscribere. 2.18 'Commercial Use (lease) Channel' means a video and/or audio or data channel which the franchisee may make available on terms for commercial use by persons unaffiliated with the franchisee for the purpose of transmitting programming, providing lervices, or exchanging information. 2.19 "Local Origination Programming" means programming that is either produced by the franchisee or ia obtained from another source for transmission on the franchisee's local origination channels. 2.20 2.21 "May" ie permissive. "Pay Television" means the delivery over the community antenna television system of video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic or tiered service) on a per program, per channel or other subscription basis. 2.22 "Person" means any individual, partnership, Joint venture, association, joint stock company, trust, firm, corporation, clX), society, governmental entity, or other legally recognized entity, whether for profit or not for profit, or any lawful successor, transferee or assignee of said entity. 2.23 'Property of Franchisee# means all property owned, installed, or used by a franchisee in the conduct of a CATV business in the County under the authority of a franchise granted pursuant to this Ordinance, or pursuant to a franchise agreement. 2.24 "Public Notice' means publication of notice of the ti~e, place and purpose of a hearing at least twice in a n~wspaper of general circulation in Collier County with the first publication not lesf~ than fourteen (14} days prior to the hearing and the second to be not less than five (5) days prior to the hearing. .~25. 'Public Street' means the surface of and the space above and below any street, terrace, avenue, road, highway, freeway, bridge, land, path, alley, court, sidewalk, parkway, drive, boulevard, or other public way, now laid out or dedicated, and all extensions thereof and all additions thereto, within the ~nincorporated areas of the County and subject to the control of Collier County. 2.26 "Public Works Administrator" means tho Public No=ks A~miniatrator of Collier County, Florida, or his designee, or any successor to the powers of the Public Works Administrator. 2.2Z "Residential Subscriber' means a subscriber who receives any cable television service in an individual dwelling unit or multiple dwelling where the service is not to be utilized in connection with a business, trade or profession. 2.28 "Public School' means any institution of the Collier County Public School System, or any duly state accredited local college or university, within the unincorporated areas of Collier County. ~.2~ "Service" means any subscriber service, whether or not originated by the franchisee which ks distributed over the franchisee's distribution system on any channel. 2.30 "Shall' and 'Will' are ~ndatory, not merely directive. 2.31 "Signal" means any transmission of radio frequency energy or of optical information. 2.32 'Subscriber' means any person or entity receiving for .''any purpose any service provided by the cable operator. FRANCHISING PROVISIONS. 3.1 Franchise Required (a) Any individual, partnership, corporation or other entity desiring to install and/or operate any cable television system in the unincorporated area of Collier County shall apply to the Board for a franchise pursuant to this Ordinance. The issuance of a franchise pursuant to this Ordinance shall the franchisee to install, construct, maintain and operate a CATV system of origination, transmission and distribution of elec- tronic signals by cable and associated and similar devices inclu- ding, but not limited, to installation along, under, over, through, across and upon the public rights-of-way in accordance with the additional requirements of this Ordinance throughout the area which is described in the franchise agreement and for which asproval has been received. Prior to any installation or construction, the franchisee shall apply to the County for a permit, granting the privilege to install, construct, maintain and operate a CATV syste~ along, under, over, through, across upon the public rights-of-way under the Jurisdiction of the County in accordance with such rules and regulations as shall be recommended by the County Engineer and approved by the Board. (b) It shall be a violation of this Ordinance to commence or engage in the construction, operation or maintenance of a cable system in Collier County without first having obtained a cable franchise awarded by the Board of County Commissioners. 3.2 Franchise Award Nonexclusive franchises may be awarded by the Board of County Co~aissioners for all or any portion of the County to applicants upon a finding that such award is consistent with the public interest, furthers the goal of providing efficient CATV sea, vice to all residents of the unincorporated areas of the County and does not result in material abuse of County streets~ easements and rights-of-way, and after consideration of the factors referred to in Section 3.6{a) of this Ordinance. The County shall adopt by resolution such application forms and other ldministrativa procedures and fees as are deemed necessary and desirable for efficient administration of this Ordinance. 3.3 Franchise Application Procedure~ Information Required. All applications to construct, operate, or maintain any CATV System in the unincorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere, shall be filed with the Board or such office of the County as the Board may designate by resolution, and each such application shall set forth, contain, or be accompanied by the following ~ (a) The name, address and telephone n-tuber of the applicant. {b) A detailed statement of the corporate or other b~linell entity organization of the applicant, including but not limited to the following= (1) The names, business addresses, state of residence and country of citizenship of all general partners and corporate officers of the applicant. {2) The names, business addresses, state of residence and country of citizenship of all ~erlons and entities having, controlling, or being entitled to have or control fifteen percent (15%} or more of the ownership of the applicant and the respective ownership share of each such person or entity. (3) The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant. (4) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding so~rce, addressed to both the applicant and the County, setting forth a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the County. If the corporate or business entity organization of the applicant has not been in existence for a full five years, appli- cant shall submit a certified financial statement for the period Of its existence. (5) A detailed description of all previous experience of the applicant in providing CATV services or related or similar services which includes a statement identifying, by place and ~ata~ any other cable television franchise(I) awarded to the applicant, itl parent or aubsidiary~ the status of laid franchiseis) with respect to completion thereof! the total cost of completion of such systems(a); and the amount of applicant's and its parent's or lubaidiary's relources committed to the completion thereof. (c) A detailed financial plan (pro forms} describing for each year of the franchise, projected number of stibscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. (d) A detailed description of the proposed plan o£ operation of the applicant, which shall include, but not be limited to the following~ il) A detailed map indicating all areas proposed to be served, a proposed time schedule for the installation of all equip~ent necessary to become operational throughout the entire area to be served, and the projected total cost for construction of the system. (2) A statement or schedule setting forth proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classifications, incl~ding installation charges, service charges, special, extraordinary, or other charges. The purchase price~ ~er~s, and nature of any optional or required equipment, device, oz other thing to be offered for sale to any subscriber shall be described and explained in detail, (~ A detailed itatement describing t~e technical design proposed, the actual equipment, and the operational and technical standards proposed by the applicant. (e) A copy of the form of any agreement, under- standing, or other instrument proposed to be entered into between the applicant and any subscriber. (f} A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation which may affect control or operation of the system contrary to this Ordinance, as amended, or a franchise agreement. (g) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility provi~[ng for the use of any facilities of the public utility, including but not limited to poles, lines or conduits. (h) True and exact copies, if filed, of the last and ·ost current FCC Cable TV Information Report and FCC Form 325 aa st~aitted to the FCC. (i) Any other reasonable information which could materially affect the granting of the franchise and which is requested by the County. 3.--4 Application Fee (a) Each original, renewal, or transfer application subm/tted for a franchise under the provisions of this article shall be accompanied by a non-refundable application fee in an amount determined by Resolution of the Board, not to exceed SI0,000.00, to offset the reasonable cost of processing and aYaluating said application for conformity with the provisions and conditions of this Ordinance including, but not limited to, the payment of consultants' fees; provided, however, that the Board reserves the right to require reimbursement to the County of ali costs of processing and evaluating any application, even in excess of $10,000.00, if such extraordinary costs are determined by the Board to be necessary for the proper evaluation of such application. (b) Each franchise holder filing an application for expansion of its designated franchise area shall pay such appli- cation fee as is required by subsection (a) of this Section 3.4. ~.5 Public {[earing On Applications (a} Upon receipt of an application for a franchise lub~itted under the provisions of thil article and within 90 days, or such extended period of time as the Board may approve upon request by the Manager, the County Manager shall review the application for sufficiency and compliance with Section 3.3 herein above. If the County Manager finds that the application is incomplete, he shall return it to the applicant with a letter describing any and all insufficiencies found in the application. The applicant may then reapply for a franchise upon correcting the deficiencies noted by the County Manager. Upon receipt of the revised and amended application, the County Manager shall review the application within a ninety-day (90) period. Upon review and after finding that the application is complete and An compliance with Section 3.3, the County Manager shall make a reco~m~ndation to the Board regarding the award of a franchise to the applicant and shall forward said application to the Board for publication of a notice in accordance with Bection 3.5(b) herein. (b} Upon receipt of an application for a franchise and after review by the County Manager, the Board shall publish once a week for three (3) consecutive weeks in a paper of general circulation in the County a notice of consideration of a CATV franchise. Said notice shall name the applicant, describe the proposed service area, invite the filing of an application under the provisions o! this article by all persons interested in establishing a CATV system in the proposed service area, invite objections to the establishment of a CATV system in the proposed service area from existing CATV systems and the general public and set a t~ and date certain, at least twenty-five {25) days from the date of the first publication of the notice, for a public hearing on all applications filed for the establishment of & CATV system in said proposed service area &nd ici: all ob~le¢- tions to the establishment of such CATV system. Any written reports, studies or materials to be considered by the Board of County Commissioners at the public hearing must be submitted to the County Manager's office within fifteen (15) days from the date of the first publication of notice of the public hearing. (c) The initial application and all subsequent applica- tions received prior to the public hearing shall be a matter of public record. Any application may be amended in writing at any time prior to the date of the public hearing. No amendments to filed applications, oral or written, and no new applications shall be received after the time and date set for the public hearing or a continued public hearing. The public hearing may be continued from time to time and from place to place as determined to be necessary by the Board. 3,.6 Issuance Of Franchise {a} The Board may issue one (1) or more franchises from the applications filed and considered at a public hearing. The Board, shall, prior to an iebuance of a franchise, consider the information and criteria required by this Ordinance, and any other information it deems appropriate in making a determination to issue a franchise. During the public hearing the Board of County Co~=aissionera shall also consider, investigate and make findings regarding the following~ (1) The economic impact upon private property within the franchise area; (2) The public need for such a franchise, if any! (3) The potentia~ for disruption of future lervlce by deltructive competition due to the prelsnce of too many competing co~paniel based on the number o£ potential sub- Icribers in the proposed service area; (4) The capacity of public rights-of-way to accommodate the cable system! {5) The present and future ule of the public =ights-of-way to be used by the cable system! (6) The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public! [7) The financial ability of the franchise appli- cant to perform and to make the necessary investment to erect~ operate and maintain the cable systeml (0) The experience of the applicant in the erection, operation and maintenance of a CATV systeml (9) The location and type of permanent facilities proposed to be constructed for the cable system. (10) The technical quality and completeness of the proposed plan for operation of th~ cable system. (Il) The requisite legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system. (b} In considering the desirability of an additional or expanded cable operator, the Board of County Co~missioners shall balance the desirability to promote competition in the cable television industry so as to promote a diversity of information and the provision of high-quality cable services at the lowest economic price against the unreasonable disruption of private and public property by multiple cable operations. Furthermore, if the County grants a franchise for an additional cable operator or expands a current operator's franchise, the County may impose such conditions as it deems necessary and proper. (c) The Board of County Commissioners has the authority to retain an expert or consultant to conduct a study at any ti~e in order to determine whether the County is able to handle an overbuild or overlapping franchises, economically or practically, or for any other purpose which the Board deems necessary in order to adequately evaluate a franchise appli- cation. Any resulting fees or expenses of experts or consultants are to be borne by the applicant. (d} The Board shall vote and thereafter notify writing all applicants of its decision within thirty (30) days fro~ the adjourn~nt of said public hearing. Said notice shall specify the aforementioned factors that were determinative of its decision. All of the statements and declarations contained in the application shall be incorporated as conditions and material representations of any franchise that is issued by the Board, and the breach of any of such conditions and representations shall constitute cause for termination of the franchise by the Board. ~.7 Term Of Franchise Ho franchise shall be issued for a term longer than fifteen (15) years. Ail current CATV franchise agreements shall remain in effect until their respective date of expiration, lubJect to any provisions of this Ordinance deemed applicable to existing franchisees. However, any franchisee holding a current franchise under any previous ordinance or franchise agreement =ay file for a renewal of its franchise pursuant to the terms of this Ordinance which require adequate notice to the public and opportunity to c~nt, and may have its franchise renewed for a period not to exceed fifteen (15} years. 3.8 Effective Date Of Franchise (a) Any franchise granted pursuant to the provisions of this Ordinance shall become effective as provided herein. (b) Within thirty (30) calendar days after the award- ing of a franchise, or within such extended period of time as the ~oard in its discretion =ay authorize, the franchisee shall file with the Board its written acceptance of the franchise, together with the insurance policies and bonding documents required by Sections 11 and 12 hereof, and its agree=ant to be bound by to comply with all requirements pursuant to the provisions of this Ordinance or the franchise. Such acceptance and agreement shall be acknowledged by the franchisee before a notary public, and shall in form and content be satisfactory to and approved by 033 {, 18 3.9 Business Authorization Any franchise granted by the County shall authorize and permit the fr&nchisee to engage in the business of operating and prov£ding a CATV system in all or a port£on of the County, and for that purpose, subject to the approval of the Public #orks Administrator, to erect, install, construct, repair, replace, ~econstruct, maintain and retain in, on, over, under, upon, across and along any public right-of-way or street, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, ampl£fiers, appliances, attachments, and other property aa may be necessary and appurtenant to the CATV system! and in addition, subject to the approval of the Public #orks Administrator, so to use, operate, and provide skmilar facilities or properties rented or leased from other persona, lncludinq but not 1Lm£ted to any public utility or other franchisee furnished or permitted to do business in the County. 3.10 Changes To Franchise Terms Ami Conditions. No changes in the terms of any franchise may be made without the prior written approval of the Board. 3.11 Franchise Fee (a) The franch£see shall pay aa a franchise fee to the County the maxLmum percentage allowable by Federal Law, up to a max~num of five percent (St) of the franchisee'a 9rosa revenues aa defined herein or such greater percentage as may from t~ne to t~ne be approved by Federal Law and ranegotiated with the frae- chisee. (b) calendar year. until paid, Franchise pa~menta are due at the end of each The percentage franchise fee pa~mente shall be payable to the County within sixty {60) days after the close of each calendar year or the portion thereof following the effective ~ate of the franchise. Ferments due hereunder shall be accom- panied by an annual g~oaa ~evenues audit re~rt p~epared b~ ~ certified p~lic accountant in a fo~ acceptable to the County. ~l ~ta ~hich ara not paid ~hen due and payola he~eunde~ lc) Notwithstanding the requirement o£ paragraph 3.Il(b) o! delivery of an audit report by franchisee, ~he County shall have the right and authority to inspect the franchisee's revenue records under the franchise and the right of audit and reco~putation of any and all amounts payable under this Section. All costs associated with any such audit shall be borne by franchisee when said audit results in increasing, by more than lOt, the franchisee's annual payment to the County. (d) No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the County may have for further operational sums payable under this Ordinance or for the performance of any other obligation here- under until barred by the Statute of Limitations or the trans- pirance of three (31 years, whichever may be shorter. 3.12 Franchise Restrictions (a) Any franchise granted tinder this chapter shall be nonexclueiveo (b) Po privilege or exmnption shall be granted or conferred by any franchise granted under this chapter except those prescribed herein or as mandated by State or Federal law. (c) Any privilege claimed under any such franchise by the ~ranchisee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. 3.13 Renewal Of Franchise ia) During the 6-month period which begins with the 3Sth ~onth before the franchise expiration, the £ranchising authority may on its own initiative, and shall at the request o£ the cable operator, co==ence proceedings which afford the public in the franchise area appropriate notice and participation for ~he purpose oft iX} identifying the future cable-related ~.:Ckxamunity needs and interests; and (2) reviewing the perfo~ance of the cable 6Perator under the franchise during the then current franchise (b) UPOn completion of a proceeding under subsection (a), a cable operator seeking renewal of a franchise may, on its own initiative or at the request of the County, submit a proposal for renewal. Any such proposal shall contain such material as the County may require, including proposals for an upgrade of the cable system. The County may establish a date by which such proposal shall be submitted. (c! Upon sub~ittal by a cable operator of a proposal to the County for the renewal of a franchise, the County Manager shall provide prompt public notice of such proposal and, during the 4-month period which begins on the completion of any pro- cee~inge under subsection (a), renew the franchise or, issue a preliminary assessment that the franchise should not be rene~ed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding to consider whether: {1} the cable operator has substantially complied with the material texans of the existing franchise and with applicable law; (2) the quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the Iix, quality, or level of cable services or other services provided over the systa, has been reasonable in light of conaaunity needs; (3) the operator has the financial, legal, and technical ability to provide the services, facilities, and equip~ent aa set forth in the operator's proposal; and (4} the operator's proposal Is reasonable to malt the future cable-related cce~aunity needs and interests, taking into account the cost of masting such needs and interests. In any proceeding under this lublection, the cable operator shall be afforded adequate notice and the cable operator and the Board or its deeignee, shall be afforded fair ~pport~nity for full participation, including the right to %i,"~troduce evidence {including evidence related to issuel railed in the proceeding under subsection (a)), to require the p~oduct£on of evidence, and to question witnesses. A transcript ' 9hall be made of any such proceeding. At the completion of a p~oceed~nq under s~sect~on, ~e Board shall ~aaue a ~c~tten decision qcan~nq denying ~e pco~aal for ~eneval based u~n the record of such pc~eed~nq, and k~an~t a cop~ o~ such decision to the o~fator. Such decision shall state ~e reasons (d) ~y denial of a pro.ssi for renewal shall based on one or more adverse findings ~de wl~ res~ct to factors descried In subparagraphs (1) ~rough (4) of (c) pursuant to tho record si the proceeding under subsection (c). The Board ~y not base a denial o~ renewal on a failure ~der s~section {c)(1) or on events considered under subsection (=} (2} in any case in which a violation of the franchise or events considered ~der s~section (c)(2) occur after ~e effective date of ~ls Ordinance unless the County has provid~ ~e o~ratot with notice and the op~tt~lty to cure~ or in any case In which It Is dec.shred that ~e Co~ty has waived its right to object, et has effectively (e) ~y c~le o~=ator whose pro.sa1 for rental has ~en denied by a final decision of the Board ~de pursuant to section, or has ~en adversely affectea by a failure of ~e ~ act in accordance wl~ ~e pr~edural require~nts of section, ~y apda1 such final decision or failure pursuant to ~e provisions of 47 U.S.C. ~55 of ~e Cable Co~unlcations Policy Act of 1984. The court shall grant appropriate relief if the court finds that: Cl~ ~ny action of the Board ia not in compliance with the procedural requirements of this section; or C2! In the event of a final decision o~ the Board denying the renewal proposal, the operator has demonstrated t~hat the adverse finding of the Board with respect to each of the factors described in subparaqraphs {l} throuqh (4} of subsection {c} on which the denial is based is not supported by a prepon- derance of the evidence, based on the record o~ the proceeding conducted under subsection {c). {f} Any decision of the Board on a proposal for renewal shall not be considered final unless all ad~£nist~at£ve review has occurred or the opportunity therefor has lapsed. {q} For purposes of this section, the term Sfranchise expirations ~eans the date of the expiration of the ter~ of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this Ordinance. (h} Notwithstandin9 the provisions of subsections ia) through (9) of this section, a cable operator may sub, it a proposal for the renewal of a franchise pursuant to this sub- section at any time, and the Board ~ay, after affordin9 the public adequate notice and opportunity for co~aant, 9rant or deny such proposal at any time {lncludlnq after proceedings pursuant to this section have commenced}. The provisions of subsections ia) through (9) of this section shall not apply to a decision to qrant or deny a p~oposal under t~is sub-section. The denial of a renewal puxsua'nt to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections ia) throuqh iq!. {l} In the event the Board elects not to qrant renewal of the franchise under the provisions of subsection of this section or in the avant a franchise is ter~inated under the provisions of Section 27 of this Ordinance after the fran- chise holder has exhausted all administrative and leoal remedies of appeal denyinq renewal of the franchise, the franchise holder shall have a period of one (1) year to sell its CATV system to a person approved by the Board for a new franchise, which approval shall not be unreasonably withheld, or a period of one year after temination of so,vice to re~ove, at its expense, all portions of the CATV system fro~ the public riqhts-of-~ay as described in Bection lS of this Ordinance. In the event such previous holder does not effectuate a sale of its CATV system to · person approved by the Board for & new franchise or does not relieve all port£ons of its CATV system from said public rights-of-way within said period of one {l) year, the portions of ~ha CATV system that remain within said public rights-of-way shall be considered abandoned and shall be qoverned by the provisions of Section 28 of this Ordinance. (j) In the period between termination of the franchise and the granting of another franchise, but not to exceed 12 · onths, the franchisee shall continue to provide service to the ~Ablic al if its franchise were still An effect. SECTIOH 4. RIGHTS IH ORDINANCE. (a) The right Aa hereby reserved to the County to adopt, in addition to the provisions contained herein and in existing applicable agreements, such additional regulations as it shall find necessar~ in the exercise of the police provided that such requlations, b~ ordinance or otherwise, shall be reasonable and not in conflict with the terms and conditions of the franchise and the rights herein granted. (b) The County shall have the right during the life of this Ordinance to install and maintain free of charge upon the poles of the franchisee all wire and pole fixtures necessary for a police alarm system, or traffic control system on the condition that such wire and pole fixtures do not interfere with the present and future CATV operation of the franchisee. (c) The County shall have the right to inspect at the franchieee's business office the maps, plans, and other like ~ateriale of the franchisee at any time during normal business hours where such maps, plans, and other materials are related to this Ordinance or any franchise granted by tho County. SECTION 5. INITIAL PERFORMANCE GUARANTEE. (a) Within one (1) year from the date of issuance of a~ original franchise or the extension of a service area, the franchisee shall accemplish construction of twenty-five percent (25%) of the proposed CATV system within the entire service area ~d~Jre &..he dens£~y Is 35 homes pe~ s~es~ o~ ~oad m£~e; and ~he~ea~er equitably and ~easonably extend energized cable ~o-a - substantial percentage o~ i~a ~anchAse a~ea each Mea~. A s~s~an~ial ~cen~age is hezebM de~e~lned ~o ~ ~l~een ~cen~ ~' ~ (15~) o~ ~e h~es wigan ~he service a~ea descried in ~he f~anchise. Failure ~ acc~pli~h said signi~ican~ cofls~c~lon o~ ~e p~o~sed ~ system within said service a~ea within a ~iod o~ one (1) Mea~ ~ ~he da~e o~ issuance o~ an o~iginal ~anchise or ~he extension o~ a se~Ace azea oE ~alluFe ~o e~l~- ~y ex~en~ eneFgize~ c~le ~o a~ leaa~ ~l~een ~cen~ (lS~) l~s ~zanchise azea each Mea~ ~ezea~ ~M zesul~ in cancel- la,ion o~ said ~anchise bM ~he Board as p~ovided In Ozdinance. H~eve~, said ~l~een ~cen~ (15~) shall only apply ~.~ ~ ~eaa wheze ~e density la ~hlz~M-~Ave (35) h~s ~ s~zee~ o~ Eoa~ mile o~ ~e. (b) Xn ~e even~ a ~anchisee has no~ c~ple~ed cons~c~ion and is no~ o~e~lng ~ se~ice ~o a~ leas~ ~Ave ~zcen~ (85~) o~ ~e h~s wi~in ~e se~Ace a~ea ~ i~s ~zanchiae a~ ~he expiration o~ five (5) Mea~o ~ ~e da~e o~ ~e ~ssuance o~ sai~ ~zanchise, ~e B~Fd shall have zigh~ ~o withdraw a ~z~ion o~ said se~ice a~ea In ~he ln~eEeo~ o~ ~e p~lic convenience and necessity. Said action shall ~en only a~ez a p~lic heazing es~liahe~ bM ~e ~a~d ~o~ ~e p~se o~ allying ~e ~Fanchisee ~o sh~ cause wh2 such action shoul~ no~ ~ ~aEen. (c) X~ shall be ~e ~es~nsAbill~y o~ ~e ~lAc ~lnis~za~o~ ~o lns~c~ an~ ve~A~y ~o~nce. ~E~XOH 6. RX~HTS ~ ~SE BT~S HOT ~e C~2 various s~ee~o which ~he Coufl~M d~s no~ have ~all~ie~ ~lgh~ ~o au~ozlze ~anchisee ~o uoe, ~cause of ~ese~a~ions In ~avoF o~ ~e dedica~oFo oz ~cause o~ o~e~ legaX ~~n~s~ ~ere~oze, An gzan~lng ~ia f~anchise, ~he Co~y bo no~ wa~zan~ o~ Eep~esen~ as ~o an2 pa~lcula~ s~ree~ o~ a s~ee~ ~a~ l~ has ~e EAgh~ ~o au~hoFAze ~ranchiseu .,-t~ install or maintain portions of its each case the burden and responsibility for making such deter- uirmt£on in advance of the installation shall be upon the £Eanchiseo, SECTION 7, OTHER AGREE~ITS The County shall not be required to assume any responsi- bility for the securing of any rights of way, easements, or other rights which ~ay b~ required by the franchisee for the instal- lotion of a CATV system, nor shall the County be responsible for securing any ~ermlts or agreements with other l~rlonl or utlli- t~eto .SL~flOH 8. NO PROPERTY RIGHTS CONVEYED. Nothing in thio Ordinance or in the franchise shall grant to the franchise holder any right of property in County-owned property or public rights-of-way as delcribed in Section 3.1 of this Ordinance, nor shall the County be compelled to maintain any of £ts property or said public r£ghts-of-way any longer than, or in any fashion other than in *~e County*s :Judgment, aa its o~n business or needs may require. In addition, the franchise holder shall not be entitled to any compensation for damages from the County as a result of having to remove or relocate its property, lines and cables from said public property or public rights-of- way in the event the County dete~mines that a necessity exists £or such removal or relocation. SECTION 9. JURISDICTION OF OTHER ~EGULATORY BODIES OR AGENCIES. Nothing herein shall be construed to grant a franchisee any right or privilege lawfully within the Jurisdiction o~ any other regulatory body or agency. SECTION 10. ~IABILITYf INDE~iHIFICATION, ~0,1 Liability Xn Case O£ EMrqenc~ , 'I~ et any t/me in case o£ 'shall appear necessa~ in the ~udqndnt o£ the County to cut, move iPP~&nces or appurtenances thereto of the franchisee the County ]fhall not be liable for any lnJu~ or damage to such property and equip~ent o£ the franchisee as a result o! such cutting, soving o= interference Indemnification ia) By acceptance o! ~he franchise 9ranted under Ordinance, franchisee agrees to lnde~lfy, defend and hold ~less the Coun~y~ l~s oftice=s, ~ards, co~lssioners~ agents ~ ~ploMees f=om any and all actions, cla~s, suits, ~naltles a~d ~ud~nts fo= d~ges at law o= equity of any nature ~ats~ver arisln9 out of or through~ (1) The acts o= o~lssions of the franchisee, its se~nts~ ~ploy~es and agsn~sl and/o~ ii} ~h~ conduct ol its bvsln~ss as ~ c~It teltvlslon c~untcatlons s~lct. lb) The ~=anchtsee shall defend tn ~e nm ol ~e ~tM, and ~M all ex~nses incurred ~ ~e CountM In defendAnq Atael~, vith re9a~d to all d~qes and ~naltiea ~he County leqallM ~ r~ulced to PaM aa a result o~ the ~ranchise qc~ted he~e~der. O~qea and ~nalkies shall include buk not ~ l~lted to d~qea a~lsinq out o~ copyciqh~ lnfcinqe~nt and all o~ec d~qea aciainq ouk o~ ~e const~ction, ins~llation, o~rakion and ~lntenance of its cable c~nications u~er or no~ any such act or ~lssion is au~orized, all~ or p~oh~ited bM ~ia Ordinance or ~e franchise qranted hereupon. gx~nses shall include all inciden~al ex~nsea includin9 attocneM fees and ~e reasonable value of any ae~lces ~ende~ by the ~f~ice of ~e CountM AttorneM. ~lOM 11. I~SU~. 11.1 X nsurance ia) Within thirty (30) days after the effective date of the franchise, the franchisee shall provide proof of general liability insurance insuring against claims for liabilit~ and damages. The franchisee shall mintain said insurance throughout f~e te~a of the franchise and said lnlurance shall include, at a s~Lnim~a, the following types of insur~ce coverage in ~unts ~t ,leis ~an sh~s (i} Worker's Comp~nsation: Coverage to appl~ for all employees fez ~tatutory Limits An compliance with the appli- cable s~ate and ~ederal laws. The policy must include L£ab£~£ty w£th a l~mit of ~500,000 each accident. (~) C~prehens~ve ~nera~ Liab~l~tyt ~hall have ~n~ ~a o~ ~1.000~000 Per Occurrence Co~ned S~ng~e for B~ily In~u~ Liability and Pro~=ty O~ge Liability. This shal~ include premises and/or O~ration~. Independent Con.ac- tots. and S~con~ractors and/or C~p~et~ O~=a~lona~ Broad Fo~ Pro~rty D~ge~ XCU Coverage~ and a Contractual (3) Business Auto Policy~ Shall have min~ l~ts o~ SI,000,000 Per Occurrence C~lned Single L~l~ for ~lly Injury Liability and Pro,cry D~age Liability. shall include ~ed Vehicles, Hired a~ Non~n~ Vehicles and ~loyee Non~ership. (b) The insurance coverage obtained by ~o ~ c~pliance wi~ ~ls section shall ~ approved by ~e Risk ~ag~ent A~inlstrator and ~e County Attorney, an~ such ~licies, along wl~ written evidence of ~nt of pr~a, shall be filed and ~lntained with ~e cowry d~lng ~e te~ of ~e franchise. (c) Tho insurance coverage and ~1i~ r~i=~n~ ~ changed and increased fr~ t~e to t~e at the discretion of ~e ~rd of Cowry C~lssioners to reflect changing l~abllf~y .e~sure and (d) Not~ing herein is intended as a l~ltation to ~ent of any leg,l ll~llity of ~e franchisee. 1~.~ Insurance Policy Provisions (a) hlidln~ C~pany and Agentt A11 lnlOrlnCl Ord~ce shaXX ~ ~itten by a c~any o= c~nies au~or~zed ~ ~lifild to do business in ~e S~te of Florida, and have ~,~~ ratinq of 'A ~~ in kst~s htinv Guide, (b) Certificates and Renewals: Certificates and renewals of all coverage required shall be promptly filed by the franchisee w£~h ~he County Manager, Each policy shall require notice and tho franchisee shall notify ~he County within thirty (30) days of any cancellation or modification of any insurance coverage required by this Ordinance, which notice shall be sent by registered mail to the County Manager or his designee. Renewal certificates shall be filed wl~h ~he County no less than thirty (30) days prior to ~he policy expiration date. (c) Additional Insured: Collier County shall be included as an additional insured on bo~h the Comprehensive General Liability and Business Auto Liability policies. (d) Premium Payment: Companies issuing ~he insurance policies shall have no recourse against the County for payment of My premiums or assessments, and sane shall be the sole responsi- bility of the franchisee. (e) Ho franchise granted under ~his Ordinance shall be effective unless or until each of ~he foregoing policies' certifi- ca,es of insurance as required in ~his Section have b~en delivered to ~he County, (f) Neither Se provisions of this Section, nor the aCCeptance of any bonds by ~he County pursuant to this Ordinance, ~or any damages received by the County thereunder, shall be construed to excuse perfo~nance by a franchisee or l~mit the liability of a franchisee for damages to the full mnount of the bonds or o~hervIse, ~'~BC~IO,~ 1,2,, BONDING REQUIREMENTS, ~.~..}..~...12.1, Const~uction Bond · (a) The franchisee shall, as required by the County Jla~ager and within thirty (30) days after the effective date of aA original franchise granted under ~hls O~i,~ance, ~ wl~J3 the County either a construction bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in an amount equal to one hundred and ten percent (110%) of the projected cost of construction and installation of irrevocable letter of credit with the County and as required b~ the County 14ana~er at the same time as and in conjunction with s~ission of a construction plan or reconstruction plan as required by Section 17,! herein, and in any event at least thirty {30) days prior to the start of construction or reconstruction, Said bond or letter of credit will be returned at the end of six (6) years to the franchisee or at such prior time as the systm has bean completed and approved by the County, providedt {1) That the franchisee has ~et or exceeded the construction schedule required by Section 5 and Section 17! and {2) That the franchisee has in good faith co~- plied with all turms and conditions of the franchise aqre~nt and all provisions of this Ordinance as well as the rules and ~e~ulationa herein required and pe~ltted. (b) If the franchisee sub. its a cable syste~ const~uction or reconstruction amp and schedule pursuant to Section 17.1 of this Ordinance which provides for const~uction of the system in progressive stages to provide se=vice to specified and definitive sections o£ his franchise area, the franchisee may eub~tt a construction bond or irrevocable letter of credit equal only to one hundred and ten percent (ll0t) of the projected cost o£ construction and installation of each specified and definitive section of the system in lieu of the bond or letter of credit required by 12.1(a) of this Section~ provided, however, that the franchisee must co.plate construction of the specified section to Which the construction bond applies prior to the initiation of construction of a subsequent section. (c) If the franchisee shall fail to por£o~ the obli- gations heretofore set out in this section, the franchisee shall £orfeit in total to the County the hereinabove referenced con- S~ction bond. id) Said construction bond shall not be in lieu o£ any other quarantee or lnd~anification required by this Ordinance and :, lhall be in addition to the performance bond or irrevocable ~.~ letter of credit required in Section 12.2(a). !2.2 PerBanent Performance And Payment Bond (a) The franchisee shall within thirty (30) days of the effective date of an original franchise granted under this Ordinance or within 30 days of the granting of a renewal or the transfer of a franchise existing prior to this Ordinance, furnish to the County a performance bond or an irrevocable letter of credit issued by a Florida bank or a federally insured lending institution in the amount of One Hundred Thousand Dollars ($100,000). The performance bond or letter of credit shall be used to guarantee the compliance with performance requirements and payment of all sums which may become due to the County under this Ordinance and/or under any franchise agreement entered late by the County and franchisee. The performance bond or letter of credit shall be maintained in the full a~ount specified herein throughout the tam of the franchise and for one {1) year after the franchise expires or is terminated, without reduction or &llowances for any amounta which are withdrawn or paid pursu~at to this Ordinance. (b! All CATV operators in the unincorporated areas of Collier County who possess a valid, current franchise, that is in good standing, to operate a CAT~ operation as of the effective date of this Ordinance shall not be required to furnish & perfor- mance bond until such time es current franchise explration~ transfer, or renewal. Current franchisees may negotiate accele- franchise renewals pursuant to subsection 3.7 of this Ordinance. {c) The rights reserved to the County with respect to the bond or the .lettsr of credit are In addition to ell other rights of the County. The franchisee shall, except for existing licenses~ within ~ty (60) days after ~e Lssuance o~ a l~cenoe ~dar ~t~ 0rdin~ce, apply ~ ~e ~C ~or a hq~strat~on S~tmnt or such other certificate or license as ~ay be required for the operation o£ the cable syste~. Failure of the franchisee to obtain the lmcassa~.Z ps.tits and licenses within one (1) year of the issuance of a franchise under this C~d~nance shall cause franchise ~o ~c~ null and vo~d, unless ~e franchisee petitions the Board for am extension of time upon good cause ~CTION 14. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES The franchisee shall at all times during the life o£ this Ordinance be subject to all lawful exercise of the police power by the County and to such reasonable regulation by the Cordley as the County shall hereafter provide. The franchisee shall comply i ~lth all laws, statutes, codes, ordinances, rules, or regulations applicable to its business. Specific and exact compliance to [~* zoning and building regulations shall be adhered to by the 8F~"'TION 15. SIGNAL QUALITY 15.1 General Standards (a) Systems shall be maintained in such a manner as to p~event radiation from its facilities in excess of the ll~tts specified in applicable rules and regulations of the FCC. (b) The syatama shall pass standard color television a~d F14 signals without degradation. {c) There shall be no visible cross-modulation pro- ducts produced in the cable TV systems on any channel. (d) The system and all equipment shall be designed and tared tot twenty-four (24) hours per day continuous operation. !5,,2. Technical Specifications ~"' (a) CATV systems shall be installed and maintained in · accordance with FCC technical specifications, regulations and industry standards as reflected in the Standards Of Good Engineering Practices For Measurements On Cablevision ~mblished by the National Cable Television Association to the e££ect that the customers shall receive the highest possible of ..r lce. {b) Underground construction in street shall bo o£ quality as to assure continuity of service without the contain :equent street or pavenant cutting and shall sealinq device to insure all such cables (c) ~o portion of franchisee's aMston shall htmper the abLlitM of nons~scribers fron receiving TV broadcast siqnale off th~ air eaves w~tere, prAor to the CATV systaa's existence, lUCh lignals could ~ received bM non-subscribers' television equip- (d} ~he levels of intensity or strength pertttted on anM drop shall ~s closelM adjusted to prevent etraM radiation of t the CATV signal.I (e) Tlha franchisee shall take itepl as neCalla~ to prevent ~nstance~ of extensive P~ radiation. radiatiolt bM the anplifying equipnent. &g&lnlt !6.1 Syst~tCapabllitM ia) T~e franchisee~e cable dist~Lbutton ayet~a o£ a franchise grante~ pursuant to this Ordinance shall be capable of carrying at leaslt fifty-four (54) television channels and radio to each subscriber. (b) E~ch such franchisee shall at all tl~es provide ~ogrannttng on ~ n~n~nun of thirty {30) channels and shall p~ovide on its basic service, programaing on a tin,nun of t~lve (12) channels, Unless othez~lse preenpted b~ the FCC, and p~ovided that such pro~ra_mm_.ing is available. Zach franchisee shall sake available without charge to the County unlinited on at least one (1) local govermaent access channel. (c) The franchisee shall extend cable teleVlliOn tlrVice to any b~llding ~lthin the CountM vhich ia located on p~perty ~lthin one hundred fifty (150} feet of anM portio~ ~he distribution facilities of the £ranchisee~s existing plant at the time of application for service, iuch extension shall · lade within eixtl, (60) calendar dame after receipt of a legitl- '..i~J t~ltten req~[test for such service. There ehall~ ho~veE~ service beyond o~e hundred fifty {150) feet from existing dlstr£- b~tton facllitisis unless there is a density of at least thirty- five (351 homes iper street or road mile contiguous to existing plant. Providedl, he. ever, the franchisee shall serve any build- lng in excess ot; one hundred fifty (150) feet if the owner o£ said building is willing to pay the actual cost of the service extension to such building. · I$,2 Lock-Out Devices ~', ' The franchi,~ee shall make available, to any residential I~:~lcriber so ri',quasting, a "parental guidance" device which sha~,l permit the subscriber, at hia or her option~ to eliminate th~ audio and visual aspects from any channel reception. The franchisee shall annually &dvise all residential subscribers regarding the availability of this device, and an additional reasonable charge for any such device may be imposed, ,)6.3 Denial Of Service Franchisee amy deny service to any lUblCrJJ~r whirs such sublcriber has PreViously been a subscriber of the franchisee and £ranchiaee previoiusly terminated subscriber's service due to non- ~ay~ent. ~ !&,~ F~ergency Use Of Facilities Franchisee ihall install and maintain an audio override Capacity on all channels for transmission of emergency massages and alerts and shall provide for character generated "crawl" intormation to be' superimposed for the hearing impaired on all video channels, lin the case of any emergency or disaster~ al determined by the: County, franchisees shall, upon request o£ the County, make the override capacity available to the County without charge fo= use during emergency or disaster period. All CATV operators in: the unincorporated areas of Collier County ~ho pOlleSS a valid, .Current franchise, that is in good standlng~ to operate a CATV oWration aa of the effective date of this Ordinance shall not be required to provide "crawl" information on lore than one identified and designated channel until such time al the current franchise expires, is transferad or ten--d. constRuCtor. ~'~.; 17.1 Cons~ruction ~ap and Schedule :~];<:':' t~on pl~ ,hlch ,hall b. lncor~rated by r,f,r,nc, and ,d, a ::.~.~. '~: ~t o~ the franchise agreeing. The plan shall include cable ~.~:~ system design details, equipment specifications, and design i.~...i. ~ perfo~lnance criteria. The plan shall also include & map of the {a) A~eas within the franchise area where the cable ~",': system will be initially available to subscribers including a .~ ;.,~ r:.~.~') schedule of construction for each year that construction or ~,. ~e~nst~ct~on ~s pro~sed~ and : :~::.: ~ c~[e syst~ cannot ~easonably ~ done due ~ lack et present ~.~ ~::}~: or pl~ne~ develo}men~ o~ other s~lla~ reasons, w~th the a~eas , ~ ~e ~easons for not serving them clea~ly identified on ~1 Const~uction :o~ reconstruction plan. and ~ps shall ~ ~7.2 Early Construction and Extension Nothing in this section shall prevent the franchis~e frc~l constructing or reconstructing the cable system earlier than planned. However, any delay in the cable lyltem construction beyond the times .pacified in the plan report timetable shall rlq~iire application to and consent by the Board. 17.3 Delay in Construction Timetable Any delay beyond the terms of construction or reconstruction At.liable, unless approved by the Board, wall b~ conlidl=ed & Violation of this Ordinance for which the provisions of Section 2& Ihall apply al determined by the Board. 17~ Commencement of Conlt~UCtiOn Or Reconlt~uction Construction or reconstruction in accordance with the plan 1~31aitted by franchisee shall commence al soon after the grant ~ acceptance of a franchise as is reasonably possible. Failure ~ proceed expeditiously shall be grounds for revocation of · franchise. Fa£1ure to proceed expeditiously shall be presumed in the event construction or reconstruction is not commenced within twelve (12} months of the grant and acceptance of a franchise. 17.5 Additional Mandatory Extension Extension of'a cable system into any area not specifically t~eated in the plan shall nonetheless be required if the terms o£ a/ly of the following conditions are mats (a) Mandatory Extension Rule Franchisee shall extend cable lylt~ll u~on reql/elt tO contiguous area not designated for initial cable service in the construction plan when potential unserved subscribers can be II~Ved by extension of cable eyltem past dwelling tmitl eq~ivalent to a density of thirty-five {35} homes per street (b) Early Extension In areas not meeting the requirements for ~andatory ex~n- lion of cable service, franchisee shall provide, upon the request o£ five (5) or more potentiai sub~cribere delirinq cable service, an estimate of the costs required to extend cable service to said lubscrib~rs. Franchisee shall then extend cable service upon request of said potential subscribers according to the rets schedule. Franchisee may require advance payment us~rance of payment satisfactory to franchisee. The ~mount paid by lubscribere for early extension shall be non-refundable, end h the event the area subsequently reaches the density required consideration for aarly extension. 17,6 Prior Approval By County Except for individual service drops, the franchisee ihall not erect any pole, run any line, make any attachment, nor shell any construction on public property and related to the del£ve~y o£ cable services be commenced without the prior approval o£ the ~ublic #orks Ad~lnistrator. Prior to the issuance o£ such franchisee shall sub. it to the l~blio #orkl (a) Strand maps of the system authorized by the pro- posed franchise showing plant routing, utility company poles to which the syatem facilities aru to be attached; and (b) True copies of all pole attachment agreements ~adm by the franchlls- with United Telephone Company and Florida Power and Light Company and any other utility or company to which an attachment is to ~e made. .17+7. County's Right To Inspect The County shall have and maintain the right to lnlp~ct ~ installation, comJtruction, operation and maintenance of the lyltom by the franchilsa to lnlu:e the proper perfozl~lnce of the t~nms of this Ordinance, 17.8 Joint Or Common Use Oi Poles (a) To enhance the public convenience and to minimise the placement of poles and wire holding structural within public 'ways, the franchisee shall enter into agreements for the Joint or co.men use o£ poles or other wire holding structural where polll or other wire holding structurea already exist for the use id1 liming the County or serving the public convenience. Uo~ever, no location of any pole or wire holding structure of the fran- chisee shall be a vested interest, and such pole or structure ~;hall be removed or modified by the franchisee at its o~n expenle whenever the Public Works Administrator determines it to be necessary in conjunction with a County Project. (b} The County ahall be permitted to make USe Of the poles or other wire holding structures of the franchisee, without charge or remuneration to the franchisee, if the Public Works Administrator determines that the use would enhance the public con- venience and would not unduly damage, homper or interfere with the franchiseeos present and future operations. 17.9 Permits, Easements and Agreements The County shall not be required to assume any responsibility for the securing of any rights-of-way or easements, nor shall the County be responsible for securing any permits or agreements with other persons or utilities. ~ ~as ~e ~ls~g ~ or ~ele~hone ~aoAl~lea ~e ~e ~ ~af~r au~orAs~ ~ %A~ense, fE~ohise or o~ime M :-.~' ~i~o. ~ ~ ~Xeo a~ Ano~X~, prior a~aX of ~ ~ ~ or ~ m of nad s~uU, ~ ue of b m f~ b ~~ or ~rRA~ of gao, eZ~Lo, U~M, va~, "~ ~m W ~ utAlL~ ~ or As ~t~ ~ rm ~ trees f~ ,~:xuing :in contact wAth the wares an4 cables o£ franchisee, An · manner approved by and acceptable to the County. At the option of the County, such framing My be done b~ Lt or under its supervision and direction at the expense of tho franchisee, if prior notification has been given to fran~him and £renchAsee thereafter failed to respond. (e) Franchisees shall promptly, upon the County's · ~8queet and at their own expense, Bodily or relocate when seres- saw, any part of their system to aco~amedata the abandonment of ' any street. (f! es location of any underground or above-ground ~'. faOIAAty or structure of any franchisee on publAc propeL~y shall be · ~eted interest, and such poles or structures shall be z~ or WodAfied by · franchisee at At· mm expense whenever b County detarmAne, that the POMXAc convenience u~uld be 17.IX Safety (a) ffranchAseees ~ork performance, equipment an~ lites shall be An compliance with &IX &ppl/oable State and ffederaX requXrementa. A frunehieee's work, whale An progreee, ah·Il be properly pro~ected at all twa with suitable barri- cades, £lags, lights, flares, or other devices as are required bM the Itanual on Uniform Traffic Control Devices (FiX~) to protect &il members of the publAc having occasAon to use the portAon of the streets involved or ed:Jacant property, (b! rEanchisee shall et &IX ~LBoi Emplo~ duo ~uo I~all init·Il, mAntels and use comaonly anoep~ed m~tho~ devXoee for preventing failures and accident· which are lAkoXy to oause damage, injuries or nuisances to the p~blAc. AIl t~s and all lanes, e~Aixaent and connections An, mr, and upon the streets of the County ~herever situated or located shall at all tbute be kept and m~tai, n~ ~n a safe, 8ubotantixl ~ondition, and An good order and repelx, franchisee I~alX install and uaintaAn its wires, sables, fixtures and other equApsmnt in accordance with the requAremnta of the #etAonaX electrical Safety Code promulgated by the #ational Bureau of 8tanda~ the National Electrical Code o~ ~e ~rican Ins~an~ bs~lation, and ~e ~11 Systn C~e o~ Pole L~ne Const~ction, (a) The Co~ty shall have ~e Eight to Mko such ~s~ctions as It shall ~lnd necessa~ to insu~e c~liance br~ of ~ls fEanchise and otheE ~tinent provisions of law. C~ty s~ll ~vo ~o right ~ re~ire ~e ~anchiseo to ~e ~ k~p so--ate calibrated test iul~le for use in ~e Co~ty ~oE ~e teasing of all so.ice ~11 ~uct such tests Is z~st~ ~ ~e ~ty ih) ~e ~E~chisee shall ~lsh ~e C~ty ~age~ a ~ltten re. Et of ~e ~esults o~ ~anch~see*. ~ty My r~i~e additional teats as pz~f of ~rfo~ce ~M At ~ve reason~1e cause ~ blieve ~s~ is not p~iding ~1ity se~loe ~s~r~rs. Fran~his~ s~ll ~y ~e ~ste incited by ~e ~y for ny ~c~ica~ assis~ce de~ ~cessa~ ~ ~e ~ for obUining ~e~ent veri~lcation o~ tec~lca1 aviil~le ~ ~e ~ ~age~ u~n (1) ~la~, n~cs, nat~e ~d corrective ~s ~, as r~l~ ~ Section 30.2(d) heze~. (2) P~lll of lyitB I~lion ~ nM= of !7,. 13 ~ransfer Proh~lt~ right ~r ~is Ord~nce or ~dor a fr~chise o~or ~rson vl~t prior a~r~al of apgroval shall not tm unreasonably vl~hheld, and only then upon lu~h conditions as the Co~y de~a necensa~ and pro.r. ~r~or ~n~oL o~ ~re ~an ~hic~y ~rcen~ {3OS} o~ ~e r~gh~ o~ con~oL franchisee La assigned ~o or acquired by a ~cson sc group of ~rsons ac~ng In concer~ none o~ vh~ already ~ or con,col ~LrW ~rcen~ {3OS} sc ~ce o~ such ~gh~ of con~o~ s~n~lacLy coll~c~iv~ly. {b} ~y ~cansfe~ee of a franch~lle~l plan~ sc lyl~ ~y ~ction ~ereof shall s~t ~ ~e Co~ty ln~omtion ~ch La r~red of an initial applicant aa found ~n SeckLon 3,3(Ii, {b) and (c) herein and must agree to c~ply vL~ all p~is~one of ~s o~nance ~oce ~e Count~ ~y a~rove such · ublic Hea~ng The Board shall have the authority to order a public hearing off the p~ovision of additional channel capacity by franchisee or Off the inclusion in the franchisees, cable lylte~ of 's~ate O£ the art" technoloq~ or upgraded facilities. Notice of such hearing shall be provided to the franchisee and the public not later than thirty (30} days prior to such hea~lng. 18,2 Determination of Need If &£ter such bea~ing, the Board deteLmines that {1} there exists · reasonable need and demand for additional channel eapecity and/or 'state o£ the artm technology or upgraded fac£1A- ties, and (2) provision has been made or will be made for adequate rates which will allow a franchisee a fair rate o£ return on its lnveetnent (including the investment required to provide the additional channels and/or the estate of the art' technology or upgraded facilities), and (3) such requixemente #ill not result in economic waste for the franchisee, the Board M2 order franchisee to provide a specified number of additional channels and/or specified 'state of the art' technology or Upgraded facilities. In considering the econo.As feasibility of required cable system ~nprovementst the Board may consider the ~xtlnliOn of the ~erm of the franchise to permit ~he recovery of ~ col~ of sa~d ~prov~en~s, ~y pressed ex~ans~on o[ ~ranchis~ sha~l ~ ~r~a~ed procedurally ~n accordanc~ w~h ~ldur~ ~o~ franchll~ ~anewal~ as s~a~ad ~n Section 3,13, P~I~ 19. ~MIDE I~ERCONNE~IOH OF CABLE SYST~S ~9.1 Interconnection Required ~ f~chLsee shall Ln2erconnect access channels o~ the ~st~ wl~ any or all other cable systess ~n cont~ous adjacent ~eas~ u~n ~e directive of ~e County. Inkerconnec~Lon C~le systm ~y ~ done by direct cable conneck~on, l~ satellite, or o~ez appropriate ~. 1~.2 Interconnection Pr~edu~e U~n rece~v~nq ~e d~ect~ve of ~e Count~ to ~nterconnect, O~er affected cable syskem o~ syst~s ~n order khat all costs My b shared ~u~lly ~ng cable sys~e~ for ~h const:uc~lon ~ ~ratlon o~ the interconnection link. ~9.3 hlie~ A franchisee ~y ~ g~anted reasonable extensions o~ t~ ~te~co~ect or ~e Co, tM ~ ~escind i~s oz~er to Anterco~ect u~n ~tition bM the ~ranchAsee ~o ~e Co~t~. The Co~M shall gr~t said ~est, i~ l~ finds tha~ a ~ranchisee has negotiated ~ g~ ~aA~ and has ~alled to obtain an approval ~z~ the cable ~st of ~e Antezco~ection ~uld cause an unzeasonable U~ep~le increase In s~scri~r za~es. 19.A C~ration A franchisee shall c~zate with any Antezconnection ~Eation, zegAonal intezconnection authority or otheE o~ ~d ~ede~al re~la~o~ agency which ~y ~ hezea~te~ es~lAshed ~or ~e puz~se o~ regulating, ~lnancAng, othe~Ase p~AdAng ~or ~e lnterconnectAon o~ c~le sMst~s hMond ~~les o~ the County. 20. LOCAL OFFICE~ OPERATIONS 20.1 Local Office The franchisee shall, throuqhout the entire duration ~i~i[.£~anch~ee, ma~nta£n an office within the County open to the ~3blic dttring all reasonable business hours. ~0.2 Franchise Officials The franchisee shall designate a resident manager of the 1~1~! and such person shall res£de in close proxtJa£ty to ~lco area of the t~anchisee and shall be active In the ~naq~nt of tho system in the County throughout the duration f~anchf~e. F~anchf~ee ~hall notify the County fn wrftfn9 o~ ch~qe of the resident manager within thirty {30) calender o~ ~e change. 20.3 ~fntaining Telephone Acce~ Each franchisee shall ~lntain within its o~fice a telephone ~1~ wl~ a to~l-free telephone n~er for all exchanqe~ sl~ing ~e franchise a~ea, and such system shall ~ so c~la~nts and requesks for repairs ~ ~ ~ece~ved at ~y t~nty four hours a day, each day of the yea~, by a ~rson Eopresentlnq ~e f~anch~see. 20.4 Studio Each f~ch~se existing p~o~ ko khis Ordinance and serving ~n~ of 25,000 s~sc~rs as of the enac~nt of O~nance o~ u~n attaining a min~ o[ 2~,000 s~sc~rs shall MLnta~n studio facilities adequake to se~e the subscripts fr~chise w~ln the Counky, as dete~ned by khe Board. franchise granted pursuank to th~s O~dlnance shall, u~n ~nq a min~ o~ 2~,000 subscripts, ~intain skudio ad~te to se~e the s~scr~bo~s o~ the f~anch~se w~th~n C~ty, is detemined by the Board. Consistent wl~ ~ty needs and ~nte~asts, fac~lit~es shall ~ adequate to p~v~de ~e space, lighting, and audio and visual equi~nt ~tlla~ for on-l~ta videotap~nq and audio raco~ding of educa- tional, govermn~l or civic progr~. Fac~litias will also ~e capability of transmitting locally oriqinated Ill s~scr~rs ~ng served by the franchisee~s system. 20,5 P~sident Agents lach franchisee shall maintain a force of resident agentl ln~ employees to provide prompt response to subscribora within the County at all t~mes, and shall have sufficient employees to ~tovide safe, adequate and prompt service for £ts facilities, ~tc'rloN 21. AccE;s ~o ~co~Ds ~he Co~y ~ha~l have accass~ a~ a~ ~aasonab~e hou~m~ ~ ~llnl, contracts, enginaa~ing, accounting, financial, statisti- ca~, ~st~er and se~ica records r~lating to the pro~rty and o~ration o~ ~. ~ranch~see*s Collier County system and to such o~lr records as ~y be required by the County to perfo~ itl re~lato~ r.s~nsibl~itiez under this Ordinance. Such records s~l~ ~ ~de avail~le upon reauonab~e notice at the franchi- ~ee*s 1~al office. With th~ exception of those records ~ntained In the application submitted under Section 3.3 of this article, such records shall not constitute public records. ~ION 22. SU~ISSION OF FiN~CIAL ~RTS ~e franchisee shall su~it reven~e re,rtz to the office of ~ County ~naqer annually, but no later than sixty (60) days fr~ the due date as required by Section 3.11 herein, including a de~il.d lnc~ and ex, nee statement applicable to its operation during ~e preceding twelve (12) month ~riod, a balance sheet ~d I Itat~nt of its pro~rties devoted to the cable system ~=ation, ~ categories, giving its lnves~ent in such ~=o~rties on ~e basis o~ original cost, less applicable ~ep=eciation. ~e annual revenue re,rte so su~ltted shall ~ · ~oific as to the extent of operations of the franchisee within ~e ~lnco~rat~ area of Collier County and shall include: ~n~l fr~ al~ Iources attributable to ~a o~ra~ionl o~ ii.Chilli fr~wi~ln the County. ~I~ 23. ~ SC~ULE ~3,~. Filing Of ~te Schedules ~=~chis~ shall llle with ~e cowry schedules which shall 'lbs all services offered, rates and charges for all te~vices, and all terra or condit£ons relating thereto. ~3,2, Subscriber Payment Of Rates (a) The franchisee may refuse to furnish or may ~o~tinue furnishinq service to a subscriber who fails to pay ~stallation fees or monthly service charges when due or for other good cause, but only after written notice to that ltlblcriber. (b) The franchisee may require subscribers to pay ~l installation and for each ~nth of basic oervice in advance at ~e ~ginning of each month. (c) Nothin9 In this section shall be construed to prohibit waiver or reduction of charges for initial installation ~%~ice~ reconnection or other service charges that are ~de for p~tional pu~ses. ~E~ION 24. P~FER~IAL OR DISCRIHINA~RY P~ICES P~HIBIT~. The franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any ~rson to any prejudice or disadvantage. This provision shall not apply to discounts provided to owners or operators of ~ltiple unit dwelling complexes when such discounts or contract rates are provided under contract or 'bulk bill' agreements. ~ECTION 25. RULES OF FRANCHISEE The franchisee shall have the authority to promulgate such ~les~ regulations, terms and conditions governing the conduct of has business es shall be reasonably necessary to enable the £za~chllee to exercise his rights to perform his obligations ~er this Ordinance end to assure an uninterrupted service to each and all of his oustomers~ provided, however, that such ~les~ regulations, terms and conditions sha~ ~o= ~ in conflict Wl~ the provisions of this Ordinance or the franchise agreement ~ Ihall be filed with the County. 45 41 26.1 LIQUIDATED DAMAGES Failure To Co~ply With Time And Performance Requirements By acceptance of any franchise gr=nted by the County, a franchisee understands and shall agree that failure to co~ply With any time and performance requirements as stipulated in this Ordinance and/or a franchise agreement will result in damage to ~e County, and that it is and will be impracticable to determine ~he actual amount of such damage in the event of delay or ~on-performance~ tho franchise agreement shall include, but not be limited to, provisions for liquidated damages to be pal~ by ~he franchisee, in amounts set forth in the franchise agreement an~ chargeable to the performance bond or letter of credit =eq~red by Section 12 for the following concerns~ (a} For failure to complete system construction or reconstruction in accordance with this Ordinance, unless the ~oard specifically approves the delay by motion or resolution, a franchisee shall pay Five Hundred Dollars ($500) per day for each day, or part thereof, the delinquency continuesj (b} For failure to provide, upon written request, ~ata, documents, reports, and/or information, a franchisee shall ~ay Fifty Dollars ($50) Per day for each day, or part thereof, ~hat each violation occurs or continues! (c) For failure to test, analyze and report on the ~rfo~lance of the system following a written request to do so, a franchisee shall pay One Hundred Dollars ($100) per day for each ~ay, or part thereof, that such non-compliance continuesj (dj For failure to provide in a continuing manner the types of services proposed in the accepted application or renewal ~zopos&l, unless the Board specifically approves a delay or c~a~ge or the franchisee has obtained modification of its Obligation under 47 U.S.C. ~545 of the Cable Ca~unications Policy Act of 1984, a franchisee shall pay Five Hundred Dollars ($500} par day for each day, or part thereof, that each ~on-co~pliance continuesj . (e) For fallurs of franchisee to comply with operational, maintenance or technical standards, franchisee shall ~ay Five Hundred Dollars ($500) for each day, or part thereof, ~h&t such non-conpliance continuesl and (f} For any other action or non-action by the franchisee, as agreed upon between the County and fr&nchisee~ and let forth in the franchise agreement. Nothing in this section shall preclude further liquidated damages as agreed upon by the l~a=ties in the franchise agreement. ~6.~ Notice Of Intention To Assess If the County Manager concludes that a franchisee is liable for liquidated damages pursuant to this section, he/she shall ~ssue to franchisee by certified mail a Notice of Intention to Assess Liquidated Damages. The Notice shall set forth the basis of the assessment, and shall inform the franchisee that l~uidated damages will be assessed from the date of the Notice ~less the Assessment Notice is appealed for hearing before the ~oard and the Board rules (1) that the violation has been corrected, or (2! that an extension of time or other relief should be granted. A franchisee desiring a hearing before the Board shall send a written Notice of Appeal of Assessment of Licp/idated Damages by certified mail to the County Manager within ten (10] days of the date on which the County sent the Notice of Intention to Assess Liquidated Damages. The hearing on the £ra~chisee's appeal shall be within thirty (30) days of the date on which the County receives the written Notice of Appeal. After the hearing, if the Board sustains in whole or in part the County Nanager*s assessment of liquidated damages, tho County Manager flay at any time thereafter draw upon the performance bond or the letter of credit required by this Ordinance. Onlell the Board ~ndicates to the contrary, said liquidated damages snail be lalelsed beginning with the date on which the County sent the Notice of the Intention to Assess Liquidated Damages and Continuing thereafter until such time al the violation ceases, as dl~rmined by the County Manager. ~ECTION 27. TERMINATION ~7.~ Right Of Termination The County reserves the right to suspend, terminate and c&ncel a franchis,~ and all rights and privileges of a franchisee ~herounder after due process as specified by Section 27.3 for just and reasonable cause or in the event that any one of the £ollo~ing occurs~ (a) The franchisee, after thirty (30J days' notice by certified mail by the County, violates any provision of this Ordinance or any rule, order or detormination of the County ~ade ~lrsuant to this Ordinance, except that if such violation by franchisee is without fault or through excusable negligence. (b) Tho franchisee becomes insolvent, unable unwilling to pay its debts, or is adjudged bankrupt. (c) The franchisee attempts to evade any of the provisions of this Ordinance or of the franchise agreement or practices any fraud or deceit upon the County. (d) The franchisee fails to commence construction within one (lJ year from the effective date of this Ordinance. (e) The franchisee fails to complete construction lmursuant to the requiroments of this Ordinance within the time req~Aired by its franchise. (f) The franchisee fails to provide service to its s~bscribers as required by the terms of this Ordinance, the franchise agreement or the Cablevision Act of 1984, as amended, Whichever is stricter. 27.2 Right Of Suspension The County reserves the right to suspend any or all of the Eights of a franchisee upon a finding that the franchisee is failing to provide efficient service to its subscribers within ~le unincorporated areas of Collier County o~ for ~,,~ grounds specified in Section 27.1. This shall include the right of the County to prohibit further expansion of service areas until service in the areas being served is brought up to minimum accep- ,-, '48 ,2,7.3 Procedures For Termination The franchise may be terminated in accordance with the " following proceduresz (a} The County Manager shall notify the franchisee in Writing of the exact nature of the alleged violation constituting a ground for termination and give the franchisee thirty (30) days, or such other greater amount of time as the County Manager ~ay specify, to correct such violation or to present facts and argument in refutation of the alleged violation. (b} If within the designated time the franchisee does not remedy and/or put an end to the alleged violation, the Board, after a public hearing, may direct the termination of the franchise if it determines that such action is warranted. ~ECTION ]8. REMOVAL~ ABANDONMENT AND RESTORATION OF SYSTEM ~8.1. Removal Required A franchisee shall promptly remove from the streets or public places all portions of the system and poles of such system, other than any which the County may permit to be abandoned in place, in the event any of the following occurs~ (a) in the event that the use of a part of its system is discontinued for any reason for a continuous period of twelve (12) months. (b) In the event such system or property has been installed in any street or public place without complying with the requirements of the franchisee's franchise or this Ordinance. (c) In the event that the franchise has been terrain- &ted, cancelled or has expired without renewal, assignment or transfer. 28.2 Removal Procedures The franchisee shall promptly, upon being given thirty days~ written notice, begin to remove from the streets property and Poles of the CATV system other than those which the County, in its discretion, may permit to be abandoned. 28.3 Abandonment (a} Any pro~rty of the franchisee remaining in place after the reasonable time limit set by the County, after the termination or expiration of the franchise, shall be considered permanently abandoned. (b} The failure to reclaim property, before it is considered to be permanently abandoned as outlined in this section, shall constitute a franchise violation and shall cause forfeiture of the permanent performance bond and, if it is still In effect, forfeiture of the initial construction bond unlesl the County agrees to accept transfer of ownership of the abandoned property. In that event, the franchisee shall submit to the County an instrument in writing, to be approved by the County Attorney, transf~rring to the County the ownership of such ~8.4 Restoration Required (a} In the event of such removal as referenced herein, ~he franchisee shall promptly restore the street or other area from which such {)roperty was removed to the condition exilting prior to the disruption of the street or other area. (b) If a franchisee fails to properly and promptly restore the area, the County, at its election, may restore the area and cause forfeiture of the permanent performance bond and, If it is still in effect, forfeiture of the construction bond in order to reimbur~se the County for any costs and expenses it incurs for restoring the area. SECTION 29. PUBLIC~...EDUCATIONAL AND INSTITUTIONAL SERVICES 29.1 Public Service The franchisee shall provide upon written request by the County, one (1) basic service drop for CATV service without installation or monthly charge to the Collier County Commis- sioner's Office, public schools, County-owned and operated ~rgency Medical Services stations, Fire Statxons, ~ivil Defense facilities, sate~lite government services buildings and the Collier County Sheriff's Department! provided, however, that the COlt of the installation of said service drop beyond one hundred fifty (150} feet from the distribution line Ihall be borne by the appropriate governmental or private body. 29.2 Local Government And Educational Access Channels (a) The franchisee shall make available unlimited time on at least one (1) channel for local government accell at no charge to the County, and the County Ihall adopt operating ~lel for such a channel. (b) The franchisee shall make available at least one (1) channel for the use of State and County public educational &uthorities free of charge. The franchisee shall adopt operating ri/les for the educational access channel and shall file a copy of said rules with the County Manager's office. (c) One channel may be designated by franchisee for both local government access and educational access until such ~J~e as the County shall determine that the demand exists for ·ore than one channel. Thereafter, upon written notice from the County, the franchisee shall comply with the County's request for &dditional channels pursuant to this Section. SECTION 30. CONSUMER PROTECTION PROVISIONS 30.1 Service (a) The franchise= shall not, without good cause, fail ko provide available service to individuals or prospective sub- scribers nor shall the franchisee terminate service without good cause. Service shall be provided to all interested customers where economically feasible. (b} Termination of services. Upon termination of service to any subscriber, the franchisee shall promptly remove all portions of its system, facilities and equipment from the premises of such subscriber upon his request. 30.2 Customer Complaints (a) All subscriber complaints regarding quality of Bervice, equipment ~alfunctions and similar matters shall be acted upon by the franchisee as soon as poss£ble, but in no event ~ore than two (2) business days from the date of receipt. (b} Except where there exists an emerganc7 situation necessitating a more expedited procedure, the franchisee may interrupt Isrvica, for the purpose of repair or upgrading of the lyltOm, only during periods of minimum use. (c) The franchiseo shall establish procedural for zeceiving, acting upon and resolving subscriber complaintl. Thais procodures Ihall be filed with the County Manager. The franchisee shall furnish a notice of such procedures to each Ittblcriber at the time of initial subscription to the system and &~ least once a year thereafter, which ~otica shall include co~plaint telephone n~bors of the franchisee. (d) The franchisee shall keep a record of and investi- gate all written complaints from subscribers. Such records IhalL identify the subscriber, his address, the nature, location and date of the complaint, and a technician~s report on the dllposi- tion of the complaint. The County may, during normal business hours, inspect the subscriber writton complaint records of the franchisee which shall be kept in the public inspection file. (e} The County Manager is hereby delignated by the Cotlnty as having primary responsibility for the continuing a~ministration of the franchise and implementation of complaint procedures. (f) The franchisee shall within seven (7) days after receiving written request from the County, land a written report kO the County with respect to any complaint. The report to the County shall provide a full explanation of the investigation~ findings and corrective steps taken by the franchisee. (g) In all lituations whore cable service is disrupted to five hundred (500) or more subscribers for a time period greater than four (4) hours due to franchisee~s plant equipment £ailure, the franchisee shall notify the Office of tho County Itanager immediately. 30.3 Customer's Right Upon Failure Of Service (a} Efficient repairs and services. Each franchisee gha11 render efficient service, make prompt repairs, and ~nterrupt the s~rvice only for good cause and for the shortest time possible. (b) Notification of interruptions. Such interruptions ~nsofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. (c} Limitation of failures. The franchisee shall 1Lmit failure to a minimum by locating and correcting area Service outages promptly, but in no event longer than twenty-four C24} hours after notice has been given by the subscriber or the County. Il) Exception shall be granted where the perfor- mance of this obligation is preventea b? an act of God when Tepair is impossible Sue to circumstances over which the franchi- see has no control. Service outages resulting from actions of a s~bscrib~r shall be corrected within seventy-two (72) hours of receipt of notice from a subscriber or the County. Subscriber ~ay be invoiced for such service call not attributed to franchi- see's equipment failure. {2) A complete report may be required by the Cottnty for any failure lastiog longer than forty-eight (48} hours. (d~ In the event that total service to any customer ks ~nterrupted for forty-eight (48} or more consecutive hours, except for reasons beyond the control of the franchisee and except in circumstances for which prior notice of the interrup- tion ks obtained from the County, the franchisee shall provide a pro rata rebate of the monthly fees to affected customers upon ~he customer's request. (e} In cases where to=al service is interrupted due to acts beyond the control of the franchisee that the franchisee cannot foresee, subscriber service charges shall be suspended from the time the franchisee has actual or constructive notice of ~le interruption until service has been restored, without any &dditional penalty to the franchisee. (f) For purposes of cor,~puting the time of interrupted total service, said time shall begin when a complaint for ~nterrupted total service is received by the franchisee oF when the the franchises has actual or constructive notice of ~nterruption. 30.__4 Privacy/Use Of Data (a} The franchisee shall comply with all federal and Irate laws regarding the collection and storing of individual It~bscriber information. (b) The County or the franchllee shall not, without prior valid written authorization from each subscriber so affected, provide any data identifying subscriber*s name or address to any person except as provided by law and pursuant to procedural established by s=ate and federal law. (c) No authorization for procurement or dissemination of subscriber-identifiable information or data shall be valid ~llesl it does the following= Specifies the type or types of information or Identifies the parties authorized to collect, (1) data covered; and, receive, store, record, transmit or otherwise convey this ~nformation or data. All authorizations shall specify the maximum period of time f~at any subscriber-identifiable information or data shall be ki,,~.~reeerved in any manner or form. (d) A written copy of all lublcriber-identifiable ~Jlformation or data which is retained and/or discloled and the disposition of this information or data, together with any explanation necessary to make it understandable to the sublcri- bar, shall be provided to the affected subscriber within thirty (30} days of procurement except that information which 11 nsces- lary for purposes of billing the sublcriber or keeping the sub- Icriber informed of progranvaing. Further disclosure shall be fully detailed In writing to the affected subscriber within ~,ll~rty (30} days of lUCh disclosure. 033 ,- 50.5 Interest On Subscriber Deposits If and when the franchisee collects deposits from its s%~bscribers, it shall pay interest at an annual rate equal to the legal rate pursuant to Florida Statutes on any deposit of one h~ndred dollars ($100) or more as required of a subscriber. The franchisee may elect to pay such interest annually in the form of Credits to subscriber accounts. ~ECTION 31. GENERAL PENALTIES Any person, firm or corporation violating any of the provisions of th~s section of the Ordinance, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) for each offense, or by imprisonment for a term not to exc.ed sixty (60) days, or by both such fine or imprison- ~nt within the discretion of the courts. (a) It shall be unlawful for any person, firm or ~orporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the unincor- porated area of the County for the purpose of enabling himself or others to receive any television signal, radio signal, pictures, programs or sound. (b) It shall be unlawful for any person, without consent of the owner, to willfully tamper with, remove or vandalize any cables, wire or equipment used for the distribution of television signals, radio signals, pictures, programs or Iound. SECTION 32. SUBSEQUENT ACTION BY STATE OR FEDERAL AUTHORITIES Should the State of Florida, the FCC or any other agency of ~J~e federal government subsequently require the franchisee to perform any act which is i~consistent with any of the provilions of this Ordinance or cease to perform any act required by this Ordinance, the franchisee shall so notify the County. Upon ~eceipt of such notification, the County shall determine if a · aterial provision of the Ordinance is affected. Upon such determination, the County and franchisee shall have the right to .* lodify, amend, delete or otherwise change any of the provisions herein to such reasonable extent as may be necessary to carry out the full intent and purpose of this Ordinance. In the event that the County does not make such modification, the franchisee agrees to continue to conform to the provisions of this Ordinance until such time as it is prohibited from doing so by operation of law. The County and franchisee may amend the license granted hereunder In the event the County or franchisee determines the= substantial and material compliance with the original terms of the Ordinance has been frustrated by any such State, County or Federal =equirement. ~CTION 33. PERSONAL LIABILITY OF COUNTY OFFICIALS Any officer or employee charged with the enforcement or administration of this Ordinance, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable personally, a~d he is hereby relieved from all personal liability for any damage W.at may accrue to persona or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such authorized act performed by him in the enforcement of any provision of this Ordinance shall be defended by the County or its representatives until the final termination of the proceedings. SECTION 34. REVIEW OF ORDERS AND DECISIONS Any person, firm or corporation aggrieved by any nonlegislative order or decision of the Board shall have the ~lght to petition the Board for a rehearing and reconsideration of any order, regulation or decision. Such petition must be £11ed within ten {10} days following the rendition of such order, ~egulation or decision. The effect of the ~lling o! a petition fo%' a rebear~raj utball operat~ to staT ~ or6er or dec~sLou sought to be reviewed until the petition is disposed o~. ~£ a Petition for rehearing has'been denied, such aggrieved party may have such order or decision reviewed by certiorari to the Circuit Court of Collier County, Florida, or by such other ~rOceedings as may be prescribed by court rules, within thirty ? (30) days after the disposition of their petition for rehearing. The proceedings before the Board shall be deemed quasi-Judicial An nature and such review shall be limited to the record made before the Board. '~ECTION 35. SUPERSEDING OF AGREEMENTS This Ordinance will govern all activities of cable tele- ~fsion franchisees in the unincorporated areas of Collier County to the extent that such activities may be regulated. Franchise agreement provisions will govern any activities of the parties not specifically regulated by this Ordinance. In the event an ~nconsistency exists between provisions of a franchise agreement existing prior to the enactment of this Ordinance and the provi- sions of this Ordinance, the Ordinance shall control. · ~ECTION 36. AMENDMENTS This Ordinance may be amended at any time by a majority vote of the properly constituted Board, pro~ided that the Board shall hold a public hearing for such purpose and afford all interested persons an opportunity to be heard with respect to such ~ndment. The County Manager shall submit notice of the public hearing and proposed amendments to each franchisee in writing at Least thirty days (30] days prior to said public hearing. This reservation 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 allows such regulation. ~ECTION 37. RIGHTS AND REMEDIES CUMULATIVE The rights and remedies set forth in this Ordinance are cttmulative 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 Ordinance and a waiver thereof at any time shall not affect any other time. SECTION 38. COUNTY'S RIGHT OF INTERVENTION The County hereby reserves to itself at its own expense, and · ~he franchisee acknowledges the County's right to intervene in may suit, action or proceeding involving the franchise granted :hereunder or any provision in this Ordinance. 53 ,~ .~CT ION 39. SEVERABILITY If any provision of this Ordinance or the application ~hereof to any person or circumstance is held invalid, it il the intent of the Board that the invalidity shall not affect other I~rovisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 40. CONFLICTING LAWS All local laws and ordinances applying to cable television franchises in Collier County are hereby repealed. ~ECT I O,.N .,,41. CODIFICATION It is the intention of the Board that the provisions of this Ordinance shall become and be made a part of the Collier County Code and the word 'ordinancu' may be changed to #section", ~article', or other appropriate word or phrase and the section of this Ordinance may be renumbered or relettered to accomplish such intention. ION 42. EFFECTIVE DATE This Ordinance shall take effect upon receipt of official acknowledgment by the Clerk of the Board of County Commissioners from the Department of State that this Ordinance has been filed W~th the Department of State. DONE AND ORDERED in regular session, this 1~h day of ~ovembar 1988. DATEDI BOARD OF COUNTY CO~ISSIONEP~ ',~A'':~'~ ,: · COLLIER COUNTY, FLORIDA ~'enneth Collier B~countyC~y le r~A[torney OF COL~ER I, JA~E$ C. GILES, Clerk of CoUrtl In and for the T~eentleth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing il a true co,~y of: Ordinance No. 88-90 t~h~ch was adopted by the Board of County Co~mlaslonere on the ~Sth day of November, 1988, during Regular Session. ~ITNES$ ny hand and the official seal of the Board of Cotlnty Co,missioners of Collier County, Florida, thin 17th ~? of Noveabsr, 1988. Clerk of Courts and Clerk%"~'" ~,~., . Ex-officio to Board of .'[.-...' .. / Deputy Clerk ..... 5.9