Wheatland Municipal Code Art. III Service and Rates

A. Prior to receiving any applications for franchises, the council may adopt rules, regulations and standards governing the operation of cable television systems in the city. Such rules, regulations and standard shall apply to and shall govern the operations of the grantee of any franchise hereunder, and are expressly declared a part of any franchise hereunder.

B. Rules, regulations and standards not adopted prior to receiving any application for a franchise shall be adopted by the council at the first regular meeting of the council next following the effective date of the ordinance codified in this chapter, by resolution which shall become effective upon adoption and shall be applicable to any application for a franchise previously received.

C. The standards adopted shall govern the engineering, construction, installation, service and maintenance of all cable television systems in the city, including but not limited to standards governing carrier levels, signal-to-noise ratios, hum modulation, distortion levels, channel interactions and interreactions.

D. Provided the same do not materially alter the content of the franchise without consent of the grantee, the council may at any time adopt new rules or regulations or standards, or may amend, modify, delete, or otherwise change its respective rules or regulations or standards previously adopted, in the following manner:

1. The council shall pass its resolution of intention stating or describing the rules or regulations or standards to be adopted, amended, modified, deleted, or otherwise changed, and fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection thereto may appear before the council and be heard. Such resolution shall direct the city clerk to publish the same at least once within ten days of the passage thereof in a newspaper of general circulation within the city, and to mail a copy of the same to any grantee or applicant for a franchise, not more than thirty days nor less than fifteen days prior to the time fixed for hearing thereon.

2. At the time set for such hearing, or at any adjournment thereof, the council shall proceed to hear and pass upon such comments as may be presented. Thereafter, the council, by its resolution, may adopt, amend, modify, delete, or otherwise change its respective rules, regulations and standards. Such determination by the council shall be final and conclusive.

3. Any rule or regulation or standard as adopted, amended, modified, deleted, or otherwise changed by the council shall become effective upon the tenth day following the adoption of such resolution, unless a longer period shall be otherwise provided in such resolution.

(Ord. 254 § 11(a), 1980)

The cable television system permitted to be installed and operated hereunder shall:

A. Be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter authorized by the Federal Communications Commission;

B. Be constructed with the potential of two-way digital signal transmission;

C. Distribute color television signals which it receives in color;

D. Provide at least one channel, without charge, for exclusive use of the city;

E. Provide at least one channel each for those educational and public access uses as now or hereafter required by the Federal Communications Commission for systems operating in the top one hundred markets;

F. Have a minimum capacity of thirty-five channels.

(Ord. 254 § 3(a), 1980)

The cable television system permitted to be installed and operated hereunder, may also engage in the business of:

A. Transmitting original cablecast programming not received through television broadcast signals;

B. Transmitting television pictures, film and videotape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;

C. Transmitting and receiving all other signals: digital, voice and audio-visual.

(Ord. 254 53(b), 1980)

In addition to other service regulations adopted by the council, and excepting circumstances beyond the grantee's control, such as acts of God, riots and civil disturbances, and in providing the foregoing services, the grantee shall:

A. Limit system failure to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than twenty-four hours after occurrence, irrespective of holidays or other nonbusiness hours;

B. Upon complaint by a subscriber, make a demonstration satisfactory to the chief administrative officer that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission, or in regulations hereafter adopted by the council;

C. Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers twenty-four hours in advance and shall occur during periods of minimum use of the system;

D. In the event that maintenance of an office in the city is not practical, the grantee shall make available a local exchange telephone number through which the above service will be available to the subscriber. An agency will be provided to enable payment of bills within the city;

E. Maintain a written record, or log, listing date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by the grantee in response thereto; said record shall be kept at the grantee's local office, for a period of five years from the date when the system is first energized, and shall be available for inspection during regular business hours, without further notice or demand, by the chief administrative officer.

(Ord. 254 § 3(c), 1980)

A. With respect to the local government channel, the grantee shall provide, at the request of the chief administrative officer, and upon city reimbursement of grantee's actual cost, use of the grantee's studio, equipment and technical services for production of live and videotape municipal programs, subject to scheduling requirements of the grantee.

B. With respect to the basic television services, the grantee shall provide all subscribers services, and a tie-in connection, without cost, when the system passes such facilities and as designated by the council, to:

1. Public schools and community colleges within the city; and

2. Buildings owned and controlled by the city, used for public purposes and not for residential use.

(Ord. 254 § 3(d), 1980)

A. Prior to granting any franchise hereunder the council, by resolution, shall establish and fix all rates and charges for the basic service defined in this chapter allowable to the grantee, such as:

1. Charges for installation;

2. Subscriber rates;

3. Service charges for separate classifications of service (e.g., additional connections, etc.).

B. Once established, such rates or charges shall not be changed at any time after granting of a franchise, except after due notice and hearing as provided herein.

C. Rates and charges for services, other than the basic service, shall also be approved by the council by resolution, after due notice and hearing as provided herein.

D. In connection with any proposed change of any rates or charges of the grantee to subscribers initiated by the grantee, or the approval of rates for additional services, at any time after the granting of a franchise, the council may direct the chief administrative officer of the city to conduct a preliminary hearing into the matter. If so directed by the council, the chief administrative officer shall issue his or her written notice fixing and setting forth the day, hour, and place certain when and where any persons having any interest therein may appear and be heard.

1. The city clerk shall cause such notice to be published in a newspaper of general circulation within the city. The city clerk shall cause a copy of such notice to be mailed to any grantee at least ten days prior to the date specified for the hearing. At the time set for such hearing, or at any adjournment thereof, the chief administrative officer shall proceed to hear the matter. Following the close of such hearing, the chief administrative officer shall prepare and file with the city council his report of the hearing, his findings and an opinion containing his recommendations and the reasons therefor. After the expiration of ten days following receipt of the chief administrative officer's report and opinion, and if no objection has been filed thereto, the council shall determine whether to adopt the opinion or to hold a further hearing, and shall pass its resolution of intention to do so, describing and stating any rates or charges to be changed, the reasons of the council therefor, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein may appear before the council and be heard. Such resolution shall direct the city clerk to publish the same resolution at least once within ten days of the passage thereof in a newspaper of general circulation within the city. The city clerk also shall cause a copy of such resolution to be mailed to the grantee at least ten days prior to the date specified for hearing thereon.

2. At the time set for any further hearing, or at any adjournment thereof, the council shall proceed to hear the matter.

3. If upon receipt of report and opinion, and the expiration of said ten days without objection, or following the holding of a further hearing, if the council determines to do so, the council shall find that the changing of any rates or charges of the grantee to subscribers will be fair to the system operator and not detrimental or injurious to the best interests and welfare of the subscribers and users, and of the city, then the council, by resolution shall authorize the change of rates or charges of the grantee to subscribers and users as determined. Such resolution shall thereupon become and shall be a part of any franchise granted hereunder and affected thereby.

E. Neither the council nor the grantee shall, as to rates, charges, service, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to prejudice or disadvantage.

F. In the event of rate deregulation, the grantee shall notify both the city council and subscribers of all proposed rate increases thirty days prior to implementation.

(Ord. 254 § 11(b), 1980)