Chapter 851 CABLE TELEVISION*
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*Editor's note: G.O. 125, 1996, § 1, adopted Aug. 5, 1996, amended this chapter in its entirety, in effect repealing former Ch. 851, cable television, and enacting similar new provisions as herein set out. Formerly, this chapter derived from G.O. 128, 1995, § 1.
Cross references: Cable communications agency, § 285-101 et seq,; streets, sidewalks and public ways, ch. 431.
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Article I. In General
Sec. 851-101. Statutory authority; findings.
Sec. 851-102. Definitions.
Sec. 851-103. Previously awarded franchises.
Sec. 851-104. Franchise required.
Sec. 851-105. Franchises not exclusive.
Secs. 851-106--851-200. Reserved.
Article II. Procedures for Application, Grant, Renewal, Modification or Transfer of Cable Franchises
Division 1. Authority
Sec. 851-211. Authority to approve cable franchises.
Secs. 851-212--851-220. Reserved.
Division 2. Petitions for Grant of Cable Franchise, Other Than An Act Renewal Franchise
Sec. 851-221. Petition for franchise.
Sec. 851-222. Board action on petition.
Sec. 851-223. Council action on petition.
Sec. 851-224. Reserved powers of board and council.
Secs. 851-225--851-230. Reserved.
Division 3. Applications and Requests for Proposals
Sec. 851-231. Requests for proposals.
Sec. 851-232. Applications.
Sec. 851-233. Contents of requests for proposals and applications.
Sec. 851-234. Report on applications or proposals and notification of operators.
Sec. 851-235. Hearing on proposals or applications.
Sec. 851-236. Factors governing council's determination.
Sec. 851-237. Council action on application.
Sec. 851-238. Council review of rejections.
Sec. 851-239. Council action on recommended contracts.
Sec. 851-240. Reserved.
Division 4. Procedural Steps for Grant of Act Renewal Franchise
Sec. 851-241. Application for renewal; rules and procedures for review of application.
Secs. 851-242--851-250. Reserved.
Division 5. Procedural Steps for Modification or Transfer of A Franchise
Sec. 851-251. Application for modification.
Sec. 851-252. Review of application.
Sec. 851-253. Transfer of the franchise.
Secs. 851-254--851-260. Reserved.
Division 6. Fees
Sec. 851-261. Schedule of filing fees.
Sec. 851-262. Reimbursement of city's out-of-pocket expenses.
Secs. 851-263--851-300. Reserved.
Article III. Construction, Operation and Maintenance of System
Division 1. Use of Public Ways
Sec. 851-311. Street occupancy.
Sec. 851-312. Notice to occupants of property.
Sec. 851-313. Operator responsibility for damages.
Sec. 851-314. Deadlines for repair of public and private property; lawn repair.
Secs. 851-315--851-320. Reserved.
Division 2. Construction
Sec. 851-321. General construction standards.
Sec. 851-322. Construction bond.
Secs. 851-323--851-330. Reserved.
Division 3. Maintenance
Sec. 851-331. General maintenance standards.
Sec. 851-332. Safety requirements.
Secs. 851-333--851-340. Reserved.
Division 4. Inspections and Subcontracts
Sec. 851-341. Inspection.
Sec. 851-342. Subcontract approval.
Secs. 851-343--851-400. Reserved.
Article IV. General System Requirements
Sec. 851-401. Public service systems.
Sec. 851-402. Signal quality requirements.
Sec. 851-403. Public, educational, or governmental access channels, facilities and equipment.
Sec. 851-404. Parental control devices.
Sec. 851-405. Interconnection of institutional networks.
Sec. 851-406. Emergency use of facilities.
Sec. 851-407. Technological advances.
Secs. 851-408--851-500. Reserved.
Article V. Customer Service Standards
Sec. 851-501. Complaint and service procedure.
Sec. 851-502. Termination of service.
Sec. 851-503. Preferential or discriminatory practices prohibited; service provided by special cable operator.
Sec. 851-504. Subscriber privacy.
Secs. 851-505--851-600. Reserved.
Article VI. Rights and Duties of Operator
Sec. 851-601. Franchise fee.
Sec. 851-602. Security fund.
Sec. 851-603. Liability, indemnification and insurance.
Sec. 851-604. No recourse.
Sec. 851-605. Administrative fines.
Sec. 851-606. Noncollusion warranty.
Secs. 851-607--851-700. Reserved.
Article VII. General Regulatory Provisions
Sec. 851-701. Subscribers' rates and charges.
Sec. 851-702. Compliance with other applicable laws.
Sec. 851-703. Reports to be filed with board.
Sec. 851-704. Inspection of records and facilities; maintenance of records.
Sec. 851-705. Limitation on ownership by certain parties.
Sec. 851-706. Performance evaluations.
Sec. 851-707. Reimbursement of city's expenses.
Sec. 851-708. Reservation of city rights; franchise limitations.
Sec. 851-709. Public records standard.
ARTICLE I. IN GENERAL
Sec. 851-101. Statutory authority; findings.
(a) The council determines that the public interests will best be served by franchising cable programming delivery systems to the extent authorized by law.
(b) The council hereby finds that it is in the interest of the city that the public ways be used to make cable programming available to the people of the city. It is intended that the provisions of this chapter should facilitate and encourage orderly and responsible development of systems which will provide the people of the city with cable programming services which are versatile, reliable and efficient, which are responsive to the needs and interests of the community; and which provide the widest possible diversity of information sources and services to the public. The provisions of this chapter shall be construed liberally to further these purposes and to promote competition in the provision of such services.
(G.O. 125, 1996, § 1)
Sec. 851-102. Definitions.
As used in this chapter:
(a) The term act means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, amendments to the Communications Act of 1934 (47 U.S.C. Section 521 et seq.); as the same may be amended or supplemented from time to time.
(b) The term affiliate, when used in relation to any person or entity, means another person or entity who owns or controls, is owned or controlled by, or is under common ownership or control with, such person or entity.
(c) The term board means the cable franchise board of the city, created by section 285-111 of this Code, and its successors.
(d) The term cable channel or channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Federal Communications Commission by regulation).
(e) The term cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(f) The term cable system or system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the city, but such term does not include (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Act, except that such facility shall be considered a cable system (other than for purposes of section 621 (c) of the Act (47 U.S.C. Section 541 (c)) to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems.
(g) The term entity means any corporation, partnership, limited liability company, association, joint stock company, joint venture, trust, or governmental or business entity.
(h) The term franchise means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the Act (47 U.S.C. Section 546)), issued by the city whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction and operation of a cable system.
(i) The term franchise administrator means that officer or employee of the city or cable franchise agency designated by the cable franchise board to perform the duties assigned to such position by this chapter.
(j) The term gross revenues means any and all revenues derived from the operations of the operator's cable system to provide cable services.
(k) The term institutional network means a system or portion of a system whose use is restricted to governmental and educational operations.
(l) The term operator or cable operator means any person or entity or group of persons or entities (a) who provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in such cable system, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system and who has been granted a franchise by the city or by any predecessor, governmental officer or organization authorized to grant a franchise.
(m) The term other programming service means information that a cable operator makes available to all subscribers generally.
(n) The term person means an individual.
(o) The term public, education, or governmental access facilities means (a) channel capacity designated for public, educational, or governmental use; and (b) facilities and equipment for the use of such channel capacity.
(p) The term subscriber means any person or entity who contracts or agrees to purchase the regular subscriber service, pay television, or any other service provided by a cable system, and includes anyone actually authorized to use and using such service, even if the person or entity does not pay the charges for such services.
(q) The term video programming services means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(G.O. 125, 1996, § 1)
Cross references: Definitions generally, ch. 102.
Sec. 851-103. Previously awarded franchises.
This chapter shall apply to all franchise contracts granted on or after the effective date of this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-104. Franchise required.
No person or entity shall operate a cable system within the city for which a franchise is required under Title VI of the Act without having first obtained a franchise granted subject to this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-105. Franchises not exclusive.
The granting of a cable franchise shall not grant the operator any rights to exclude any other franchised operator from providing services within the geographic areas included in the cable franchise.
(G.O. 125, 1996, § 1)
Secs. 851-106--851-200. Reserved.
ARTICLE II. PROCEDURES FOR APPLICATION, GRANT, RENEWAL, MODIFICATION OR TRANSFER OF CABLE FRANCHISES
DIVISION 1. AUTHORITY
Sec. 851-211. Authority to approve cable franchises.
Subject to the provisions of this article, the city-county council is hereby authorized to approve one (1) or more nonexclusive franchising contracts conveying the right to construct, operate and maintain, within the public ways in the city, poles, cables and any other equipment necessary to the operation of a cable system within a designated area or areas for the period of time specified in the franchise.
(G.O. 125, 1996, § 1)
Secs. 851-212--851-220. Reserved.
DIVISION 2. PETITIONS FOR GRANT OF CABLE FRANCHISE, OTHER THAN AN ACT RENEWAL FRANCHISE
Sec. 851-221. Petition for franchise.
Any person or entity interested in obtaining a cable franchise, except a cable operator, may file a petition expressing such interest with the franchise administrator. The petition must contain or be accompanied by:
(1) A description of the geographic area proposed to be served with sufficient particularity as to enable a reasonable determination of the boundaries of such area and the proposed location of the cable system's facilities;
(2) A description of the type of service to be provided by the petitioner;
(3) An explanation of the reasons why the granting of a franchise for the area described would be in the best interests of the city and its citizens and would not adversely affect the provision of cable service by existing franchisees, and that the proposed facilities will not substantially and unreasonably interfere with current or planned uses of the public ways; and
(4) The filing fee specified in section 851-261.
(G.O. 125, 1996, § 1)
Sec. 851-222. Board action on petition.
(a) Upon the receipt of a petition under section 851-221, the franchise administrator shall review the petition and forward to the board and to the clerk a recommendation either:
(1) That a request for proposals for a cable franchise should be issued; or
(2) That the petitioner should be required to file an application containing certain of the information listed in section 851-223; or
(3) That the award of a franchise as proposed in the petition would not promote effective competition or serve the public interest.
(b) The board may determine to accept the franchise administrator's recommendation or to modify the recommendation. In making its decision, the board may conduct such investigations as it deems appropriate to identify the future cable-related needs and interests of the community, provided that the board shall hold at least one (1) public hearing at which interested parties may appear and offer evidence concerning the recommendation made pursuant to subsection (a). Notice of the time and place of the public hearing shall be given in accordance with IC 5-3-1. Personal notice of the time and place of the public hearing shall be given by mail to the petitioner and to all other operators of cable systems regulated by this chapter. The board's decision to accept the franchise administrator's recommendation or to modify the recommendation shall be made within ninety (90) days of the date on which the petition was received by the franchise administrator.
(c) In making its determination, the board shall consider the best interests of the city and its citizens and whether the refusal to award an additional competitive franchise as proposed in the petition would be unreasonable.
(d) The board's recommendation will be in writing made a part of the records of the board, and provided to the petitioner and to all other operators of cable systems regulated by this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-223. Council action on petition.
The board's recommendation shall be filed with the clerk, and referred to the council committee assigned to review cable system franchises. Such committee may hold a public hearing to consider the recommendation of the board. The committee may propose that the council affirm or modify the board's recommendation by adopting a resolution. The council committee may hold such public hearings and meetings and conduct such investigations as it deems appropriate. The council may specify such requirements for the request for proposals or applications as the council deems appropriate. The board's recommendation will be considered final if the council does not adopt a resolution as provided herein within sixty (60) days of the board's filing of its recommendation with the clerk.
(G.O. 125, 1996, § 1)
Sec. 851-224. Reserved powers of board and council.
(a) Nothing in this chapter shall be construed to limit the power of the council to issue a request for proposals on its own initiative.
(b) The board may also at any time, on its own motion, conduct public hearings to determine whether it is feasible or desirable to recommend issuing a request for proposals. Such hearings shall be advertised in accordance with the provisions of IC 5-3-1.
(c) The board or council may for good cause extend any of the time limits imposed in this article.
(G.O. 125, 1996, § 1)
Secs. 851-225--851-230. Reserved.
DIVISION 3. APPLICATIONS AND REQUESTS FOR PROPOSALS
Sec. 851-231. Requests for proposals.
(a) If the board's recommendation as approved by the council is to issue a request for proposals, the council shall cause to be prepared, for board approval, a request for proposals (RFP).
(b) Upon the approval of the request for proposals, the board shall give notice of the request for proposals:
(1) In accordance with IC 5-3-1; and
(2) By mailing of the notice to any person or entity the board knows to be interested in submitting a proposal.
The board may, in its discretion, publish the notice in any newspaper of national circulation and in trade magazines or publications of the cable television or telecommunications services industry.
(c) The notice shall name a date upon which proposals must be received at the office of the clerk and shall state that the forms of the request for proposals are available at the office of the board. The date for the receipt of the proposals shall not be sooner than thirty (30) days following the first publication of the notice required by subsection (b).
(d) All responses to a request for proposals shall be filed with the clerk and referred to the council committee assigned to review cable system franchises.
(G.O. 125, 1996, § 1)
Sec. 851-232. Applications.
If the board's recommendation as approved by the council is that the petitioner be required to file an application containing certain of the information specified in section 851-233, such application shall be filed with the clerk no later than sixty (60) days after the council action becomes final.
(G.O. 125, 1996, § 1)
Sec. 851-233. Contents of requests for proposals and applications.
(a) An RFP for the grant of a cable franchise to a person or entity other than a cable operator shall require, at a minimum, the following information:
(1) Name and address of the person or entity applying for a franchise (hereinafter "the applicant") and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons or entities with five (5) percent or more ownership interest in the applicant and its affiliates; the persons or entities who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person or entity.
(2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel, their titles and responsibilities.
(3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system including, but not limited to, a demonstration that the applicant meets the following criteria:
a. The applicant must not have submitted an application for an initial or renewal franchise to the city, which was denied on the ground that the applicant failed to propose a system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant within three (3) years preceding the submission of the application.
b. The applicant must not have had any cable television franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application.
c. The applicant must have the necessary authority under Indiana law to operate a cable system.
d. The applicant shall not be issued a franchise if it may not hold the franchise as a matter of federal law. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.
e. The applicant shall not be issued a franchise if, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the city and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.
f. The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.
g. The applicant shall not be issued a franchise if an elected official of the city holds a controlling interest in the applicant or an affiliate of the applicant.
Notwithstanding the foregoing, the city shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise under section 851-236, by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable systems.
(4) A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed.
(5) A description of the applicant's prior experience in cable system ownership, construction, and operation, and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or franchise or any interest therein, provided that an applicant that holds a franchise for the city and is seeking renewal of that franchise need only provide this information for other communities where its franchise was scheduled to expire in the two (2) calendar years prior to and after its application was submitted.
(6) A description of the area or areas of the requested franchise with sufficient particularity as to enable a reasonable determination of the boundaries of such area; provided that during the hearing process the board and council may consider modifications to the description of the area of franchise in any franchise application.
(7) A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities.
(8) Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location; the proposed construction schedule; a description, where appropriate, of how services will be converted from existing facilities to new facilities; and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.
(9) The proposed rate structure, including projected charges for each service tier, installation, converters, and all other proposed equipment or services.
(10) A description of the insurance policies to be acquired in satisfaction of the requirements of this chapter.
(11) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the city, and how the applicant will provide adequate public, educational, and governmental access channel capacity, facilities or financial support to meet the community's needs and interests.
(12) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the board, 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 city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free net and uncommitted cash resources to construct and operate the proposed system in the city, or other acceptable evidence in writing that the applicant is financially capable of constructing and operating the proposed system.
(13) Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
(14) If the applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area that would encompass the overbuild, and the ability of the public rights-of-way and other property that would be used by the applicant to accommodate an additional system.
(15) A copy of any agreement covering the franchise area, if existing between the applicant and any public utility subject to regulation by the Indiana Utility Regulatory Commission, providing for use of any facilities of the public utility including, but not limited to, poles, lines or conduits.
(16) Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter.
(17) Information that the city may request of the applicant that is relevant to the city's consideration of the application.
(18) An agreement by the applicant to reimburse the city its reasonable out-of-pocket expenses in considering the application in an amount set by the board.
(19) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.
(b) Any application submitted for the grant of a franchise shall contain, at a minimum, the information listed in subsection (a), unless the board or council determines that one (1) or more of those items are not required.
(G.O. 125, 1996, § 1)
Sec. 851-234. Report on applications or proposals and notification of operators.
Upon receipt of the applications or proposals for a franchise the clerk shall refer the same to the board, which may cause to be prepared an evaluation of the applications or proposals and a recommendation whether any applicant should be granted a franchise. The board's evaluation and recommendation shall be filed with the clerk within sixty (60) days. The clerk shall also send written notification of the receipt of such applications or proposal(s) to all cable system operators which have a franchise governed by this chapter.
(G.O. 125, 1996, § 1)
Sec. 851-235. Hearing on proposals or applications.
(a) Within seventy-five (75) days of receipt of the applications or proposals, the council committee shall hold a public hearing to take evidence and hear argument on whether to grant a cable franchise to one (1) or more of the applicants either in the form proposed in the applications or proposals, or proposed by the board, or otherwise, and if so, the nature and extent thereof. The council committee shall base its determination hereunder on the criteria contained in section 851-236. The clerk shall give notice of such hearing in accordance with IC 5-3-1, and if the council committee or board deems appropriate, in one (1) or more trade journals of the cable television or telecommunications services industry.
(b) At the time set for such hearing, or an adjournment thereof, the council committee shall proceed to hear all written protests and other submissions and to hear evidence and arguments from any interested persons or entities in addition to any applicants or potential applicants. A record shall be kept of such hearing and the evidence presented therein.
(c) The council or its committee may propound regulations to govern the conduct of such hearings so as to allow for the orderly and efficient presentation of evidence and argument, and to prevent unnecessary duplication or delay.
(G.O. 125, 1996, § 1)
Sec. 851-236. Factors governing council's determination.
(a) In making any determination hereunder, the council committee shall base its decision on the following factors:
(1) The quality of the service which the applicant promises and of which the applicant is capable.
(2) Whether the applicant has the financial, technical, and legal qualifications to provide cable service.
(3) Whether the application satisfies any minimum requirements established by the city and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests.
(4) Whether the applicant will provide adequate public, educational, and governmental access channel capacity, facilities, equipment or financial support and/or channel capacity on institutional networks for educational and governmental uses.
(5) That applicant provides cable channels for commercial use in conformity with the requirements of Section 612 of the Act (47 U.S.C. Section 532).
(6) That applicant promises to provide cable service to subscribers on a nondiscriminatory basis and to provide such service to any group of residential subscribers regardless of the income of the residents of the local area in which such group resides.
(7) That the applicant agrees to provide cable service within all areas having a specified density of living units within the franchise territory. Such density shall be expressed in terms of number of living units per mile of system.
(8) The rates to the subscribers.
(9) The income and expense to the city.
(10) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public ways and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public ways; the effect of granting a franchise on the ability of cable to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications.
(11) The effect on the ability of existing franchisees to perform their obligations under their franchise contracts.
(12) The technical and performance quality of facilities and equipment related to the establishment or operation of a cable system.
(13) Whether the applicant or an affiliate of the applicant owns or controls any other cable system in the city, or whether grant of the application may eliminate or reduce competition in the delivery of cable service in the city.
(14) The demonstrated willingness and ability of any applicant to meet construction and physical requirements and to abide by policies and limitations imposed by law or franchise agreements.
(15) Any other considerations deemed pertinent by the board to its task of safeguarding the public health, safety and welfare, and facilitating and encouraging the orderly and responsible development of cable systems which will provide the people of the city with cable services which are versatile, reliable and efficient.
(b) The council committee shall make its determinations based on the record with a written statement of its findings and conclusions, and the reasons therefor.
(G.O. 125, 1996, § 1)
Sec. 851-237. Council action on application.
Within forty-five (45) days after the conclusion of the hearing provided for in section 851-235, the council committee shall determine whether to grant a franchise to one (1) or more of the applicants.
(1) If the council committee shall determine after hearing that any application should be denied, such determination shall be final, subject to the appeal provisions of section 851-238.
(2) If the council committee shall determine after hearing that a franchise should be granted to one (1) or more of the applicants, it shall approve a proposed form of franchise contract, to which the applicant shall indicate its agreement in writing within fifteen (15) days. If the applicant does not agree in writing to the terms of such form of a franchise contract within fifteen (15) days, then its application shall be deemed denied.
(3) An application may not be amended after it is received by the clerk, except in any case in which only one (1) application is received, such application may be amended for cause shown upon the unanimous consent of the council committee.
(4) The grantee or grantees shall pay the city a sum of money sufficient to reimburse it for all of its publication and other expenses (including, but not limited to, consultants and legal expenses) incurred in connection with the granting of a franchise pursuant to the terms of this division.
(5) No provision of this division shall be construed to require the city to grant any franchise contract, and the council may reject any and all applications.
(G.O. 125, 1996, § 1)
Sec. 851-238. Council review of rejections.
Any person or entity whose application is rejected by the committee may, within ten (10) days of such action, petition the council for a review of that decision by filing notice thereof with the clerk of the council. If the council determines that the rejection is improper under this division, it may by resolution direct its committee to reconsider its action. In making its determination hereunder the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee and shall consider the criteria contained in section 851-236.
(G.O. 125, 1996, § 1)
Sec. 851-239. Council action on recommended contracts.
Within thirty (30) days of the council committee's recommendation of a franchise and contract, the council shall introduce an ordinance approving and confirming the contract as accepted by its committee. The council shall act upon the ordinance within sixty (60) days of its introduction, except that such time may be extended by the council for good cause. The council may:
(1) Adopt the ordinance, subject to the veto of the mayor, in which case the chairman of the cable franchise board and the mayor will be directed to execute the franchise contract; or
(2) Defeat the ordinance, in which case the application shall be denied; or
(3) By resolution direct its committee to consider certain modifications or amendments for the franchise contract, in which case its committee shall reconsider the application.
In making its determination hereunder, or under section 851-238, the council shall review the record of proceedings before its committee, and it may, in its discretion, consider new evidence. In making its determination hereunder, the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee, and shall consider the criteria contained in section 851-236. Under no circumstances shall the council by ordinance approve or confirm any franchise contract unless the precise language has been accepted by its committee prior to the council's action.
(G.O. 125, 1996, § 1)
Sec. 851-240. Reserved.
DIVISION 4. PROCEDURAL STEPS FOR GRANT OF ACT RENEWAL FRANCHISE
Sec. 851-241. Application for renewal; rules and procedures for review of application.
Applications for renewal under the Act shall be filed with the clerk who shall refer them to the council committee assigned to review cable franchises for review in a manner consistent with Section 626 of the Act (47 U.S.C. Section 546). Upon receipt of such application, the committee shall establish such rules and procedures for the conduct of renewal proceedings as it deems appropriate and may lawfully establish, consistent with the Act. The committee may hire such counsel and consultants as it deems advisable to assist in the application review, or it may authorize the franchise board to do so.
(G.O. 125, 1996, § 1)
Secs. 851-242--851-250. Reserved.
DIVISION 5. PROCEDURAL STEPS FOR MODIFICATION OR TRANSFER OF A FRANCHISE
Sec. 851-251. Application for modification.
An application for modification of a franchise agreement shall be filed with the clerk and shall include, at minimum, the following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;
(3) A statement whether the modification is sought pursuant to Section 625 of the Act (47 U.S.C. Section 545), and, if so, demonstration that the requested modification meets the standards set forth in Section 625 of the Act (47 U.S.C. Section 545);
(4) Any other information that the applicant believes is necessary for the city to make an informed determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.
(G.O. 125, 1996, § 1)
Sec. 851-252. Review of application.
The clerk shall refer the application for modification of the franchise agreement to the council committee assigned to review cable franchises for review and evaluation in accordance with the procedures for the grant of a general cable franchise, other than an act renewal franchise.
(G.O. 125, 1996, § 1)
Sec. 851-253. Transfer of the franchise.
(a) Unless otherwise provided in the franchise agreement, prior approval of the city shall be required before a franchise granted by the city shall be assigned or transferred, either in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, entity, persons or entities until such prior approval is granted.
(b) The proposed transferee shall make a written verified application for approval of the transfer. The application shall provide complete information regarding the proposed transfer, including (i) documents embodying the transaction; (ii) financing documents; if any; (iii) documents describing the proposed transferee; (iv) documents identifying any person or entity who will be responsible, through any arrangement for managing or controlling the system; (v) documents showing that the proposed transferee has the financial, technical and legal ability to operate the system after the transfer so as to satisfy all its obligations under the franchise without adversely affecting subscribers; and (vi) such other information as may be required in any ordinance governing applications for a franchise.
(c) The city shall render a final decision on operator's request in writing within one hundred twenty (120) days of the date it receives the information specified above and information required by federal law. The city may seek additional information from the operator or the proposed transferee and both will cooperate to provide the information to the city. The city shall be under no obligation to transfer the franchise if the operator's acts or omissions make the franchise subject to revocation, nor shall the city be required to transfer unless it is fully satisfied that past nonperformance will be corrected; that claims that could be considered as part of any renewal proceeding are fully preserved to the extent permitted by law; and that the proposed transferee has the ability and is likely to comply with the franchise agreement for the future. By way of illustration and not limitation, under no circumstances will the franchise be transferred unless the proposed transferee agrees to accept all the terms and conditions of the franchise agreement, except to the extent that the city may be willing to modify such terms and conditions as a part of the approval of the transfer; agrees that the transfer does not constitute a waiver of any rights by the city or indicate that the operator is or has been in compliance with the franchise agreement or applicable law. The city may conduct such public hearings as it deems appropriate to consider the transfer request.
(d) The operator, upon transfer, shall, within sixty (60) days thereafter, file with the city a copy of the deed, agreement, mortgage, lease or other written instrument evidencing transfer or ownership control or lease of the system, certified and sworn to as correct by the operator.
(e) Unless otherwise provided in the franchise agreement, a transfer shall include any sale of system assets, a transfer of the franchise itself, or a change of control or ownership of the operator. The term "control" includes actual working control in whatever manner exercised, and there shall be a rebuttable presumption that a transfer shall have occurred upon acquisition or accumulation by any person or entity of five (5) percent of the shares or interest in the operator or any entity which owns or controls the operator.
(G.O. 125, 1996, § 1)
Secs. 851-254--851-260. Reserved.
DIVISION 6. FEES
Sec. 851-261. Schedule of filing fees.
To be acceptable for filing, an application submitted after the effective date of this chapter shall be accompanied by a filing fee in the following amount to cover costs incidental to the awarding or enforcement of the franchise, as appropriate:
(1) For an initial franchise:
a. Petition for franchise . . . $ 5,000.00
b. A response to an RFP or an application . . . 50,000.00
(2) For modification requested under Section 625 (a)(1)(A) of the Act . . . 25,000.00
provided that the application fee is used to offset actual out-of-pocket expenses incurred by the city and any balance shall be returned to the operator upon the conclusion of the process.
(G.O. 125, 1996, § 1)
Sec. 851-262. Reimbursement of city's out-of-pocket expenses.
In addition, the city may require the franchisee to reimburse the city for its reasonable out-of-pocket expenses in considering the application for an initial franchise, including consultants' fees. A franchise agreement may provide that payments made by a franchisee hereunder are not a franchise fee and fall within one (1) or more of the exceptions in paragraph 622(g)(2) of the Act (47 U.S.C. Section 542(g)(2)), and that no such payments may be passed through to subscribers in any form.
(G.O. 125, 1996, § 1)
Secs. 851-263--851-300. Reserved.
ARTICLE III. CONSTRUCTION, OPERATION AND MAINTENANCE OF SYSTEM
DIVISION 1. USE OF PUBLIC WAYS
Sec. 851-311. Street occupancy.
(a) The operator shall comply with the street occupancy requirements of the city including, but not limited to, payment of all generally applicable permit and licensing fees.
(b) All poles, cables, towers, lines, and other equipment and fixtures placed by the operator within the public ways, whether above, on, or below ground, of the city shall be so located as to cause minimum interference with other authorized users of the public ways and adjoining premises.
(c) If the disturbance of any public way is necessary, the operator shall comply with all requirements of the city relevant to such disturbance.
(d) If at any time during the period of the franchise the city shall deem it necessary to change the location of any pole, cable, tower, line and other equipment or fixture located in any public way, either above, on, or below ground, the operator, upon reasonable notice by the city and reasonable time for compliance, shall relocate its poles, cables, towers, lines, and other equipment and fixtures at no expense to the city.
(e) The operator shall have the authority to trim trees upon and overhanging the public ways of the city so as to prevent the branches of such trees from coming in contact with the cables and the equipment of the operator, except that, at the option of the city, such trimming may be done by it or under its supervision and direction.
(f) In all sections of the city where the cables, wires or other like facilities of public utilities are placed underground, the operator shall place its cables and other equipment underground to the maximum extent it can be accomplished using proven technology generally used by the cable industry for comparable systems.
(g) An operator having a franchise to operate a cable system for a portion of the city shall have the right to use the public ways throughout the city as necessary or advisable for the efficient construction, operation and maintenance of that system, provided that cable services may be provided only to subscribers located within the area of the operator's franchise. Use of the public ways outside the area of the operator's franchise to construct, operate, or maintain the operator's cable system shall not unreasonably interfere with the construction, operation and maintenance of a cable system by an operator who has, or thereafter obtains, a franchise to serve subscribers in such outside area. The city shall have power to promulgate rules and regulations with respect to jointly used public ways as considered necessary or desirable.
(G.O. 125, 1996, § 1)
Sec. 851-312. Notice to occupants of property.
Prior to the start of construction within any easement other than a public street right-of-way, the operator must give written notice to all affected property occupants informing them that the operator will be working in the area affecting such property occupants. Such notice shall include a telephone number, which may be called by property occupants who encounter any problems or damages as a result of such work by the operator.
(G.O. 125, 1996, § 1)
Sec. 851-313. Operator responsibility for damages.
The operator shall be responsible for repairs to public or private property necessitated by damage caused by or resulting from the operator's or operator's subcontractors' construction operation, or maintenance of the system.
(G.O. 125, 1996, § 1)
Sec. 851-314. Deadlines for repair of public and private property; lawn repair.
(a) The repair of public and private property damaged during construction, operation, or maintenance of the operator's system shall be completed no later than sixty (60) days after notice to the operator of the damage.
(b) Lawns shall be repaired to the preconstruction condition.
(G.O. 125, 1996, § 1)
Secs. 851-315--851-320. Reserved.
DIVISION 2. CONSTRUCTION
Sec. 851-321. General construction standards.
(a) The construction, operation and repair of the operator's system shall be performed in a safe, thorough and reliable manner using equipment of good and durable quality. The construction, operation and repair of the system shall be performed by experienced personnel familiar with their responsibilities under this franchise and applicable laws and construction standards. The operator shall at all times have sufficient trained personnel to satisfy all its obligations under this franchise (including under the customer service requirements set forth in section 851-501) and applicable laws and regulations.
(b) The operator shall construct, operate and maintain its system in accordance with all applicable laws and regulations including, but not limited to, federal, state and local building, zoning and other land use, and safety laws, codes and regulations now in effect or hereafter adopted. The construction, operation and repair of the operator's system shall at all times be in accordance with the requirements of the:
(1) National Electrical Code;
(2) National Electrical Safety Code;
(3) Rules and regulations of the Federal Communications Commission, Parts 17, 76, and 78;
(4) Obstruction marking and lighting, AC 70/7460-IE, Federal Aviation Administration;
(5) OSHA Safety and Health Standards; and
(6) NCTA Standards of Good Engineering Practices, NCTA 008-0477 EIA Standard RS-222C "Structural Standards for Steel Towers and Antenna Supporting Structures";
and all amendments or successors to such codes, rules, standards, and regulations.
(c) All cabling shall be buried or secured above ground and shall not be placed on the surface.
(G.O. 125, 1996, § 1)
Sec. 851-322. Construction bond.
(a) Within thirty (30) days after the date of a new franchise agreement, the franchise holder shall obtain and maintain at its cost and expense, and file with the corporation counsel of the city, a corporate surety bond issued by a company licensed to do surety business in the State of Indiana and in an amount required by the franchise agreement to guarantee the timely construction and full activation of the system, considering the nature and extent of the system and the estimated costs of construction. The bond shall include, but not be limited to, the following conditions: There shall be recoverable by the city, jointly and severally, from the principal and surety, any and all damages, cost or expense suffered by the city resulting from failure of the franchise holder to satisfactorily complete and fully activate the system within the construction schedule described in the franchise application and approved in the franchise contract.
(b) Any extension to the prescribed construction schedule must be authorized by the council. Such extension shall be authorized only when the council finds that such extension is necessary and appropriate due to causes beyond the control of the franchise holder.
(c) Upon satisfactory completion of construction required by the franchise agreement, the construction bond shall be reduced by the board to an amount deemed reasonable by the board, considering the nature and extent of any anticipated construction during the remaining term of the franchise.
(d) The rights reserved to the city with respect to the construction bond are in addition to all other rights of the city, whether reserved by this franchise or authorized by law, and no action, proceeding, exercise or failure to exercise any right with respect to such construction bond shall affect any other right the city may have.
(e) The city may require the operator to obtain new construction bonds throughout the franchise term as necessary for construction of system extensions or upgrades.
(G.O. 125, 1996, § 1)
Secs. 851-323--851-330. Reserved.
DIVISION 3. MAINTENANCE
Sec. 851-331. General maintenance standards.
(a) Subject to the other provisions of this chapter, the operator shall establish a preventive maintenance policy directed toward maximizing the reliability (mean-time-between-malfunctions) and maintainability (mean-time-to-repair) of the system.
(b) The operator shall perform scheduled maintenance in accordance with the policy filed with the board.
(c) In the course of maintaining its system, the operator shall use replacement components of good and durable quality, with characteristics better than or equal to replaced equipment and at least satisfy all federal, state and local requirements.
(d) The operator shall identify and provide the telephone number for a senior employee or employees in the city whom the city can contact concerning system maintenance whenever its business office is closed.
(e) The operator shall test the performance of its cable system as required by FCC. The operator shall promptly correct any defects in system performance and retest the system. Copies of all test results shall be provided to the city upon request. The city, at its own option and expense, may conduct independent tests of operator's cable system, provided that operator is notified in advance and has an opportunity to be present.
(f) If, based on subscriber complaints or based on its own investigation, the city believes that the system may not be operating in compliance with this section, the city may require the operator to perform tests and to prepare a report to the city on the results of those tests, including a report identifying any problem found and steps taken to correct the problem.
(G.O. 125, 1996, § 1)
Sec. 851-332. Safety requirements.
(a) The operator shall at all times comply with all safety requirements of the Code.
(b) The operator shall at all times employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(c) All cables and other equipment within the public ways of the city shall at all times be kept and maintained in as safe condition as can be reasonably accomplished using proven technology generally used by the cable industry for comparable systems.
(d) Operation of the system shall not cause any interference to television and radio reception, telephone communication, or other similar operations within the county.
(G.O. 125, 1996, § 1)
Secs. 851-333--851-340. Reserved.
DIVISION 4. INSPECTIONS AND SUBCONTRACTS
Sec. 851-341. Inspection.
The city shall have the right at any time upon reasonable notice to make such inspections of the system and the operator's equipment used in the construction, operation or maintenance of the system as it shall find necessary to ensure compliance with the terms of this chapter, the franchising contract, and other pertinent provisions of law.
(G.O. 125, 1996, § 1)
Sec. 851-342. Subcontract approval.
Operator shall require any person performing contractual construction or maintenance of the cable system on subscribers' premises to have picture identification on their person identifying them as authorized by operator. Upon request, the operator shall provide to the board the following information: the name of each subcontractor, the subcontractor's headquarters/main office address, names of subcontractor's officers or owners, a telephone number for handling questions concerning the subcontractor's work, and evidence of both workers' compensation and general liability insurance. The operator agrees to assume responsibility for any act or omission of its subcontractors and to hold its subcontractors to the applicable standards in this chapter and the franchise agreement. The city shall not be liable to any such subcontractor of the operator. Any city review of the operator's subcontractors or failure to review the operator's subcontractors does not in any way relieve the operator of its obligations under this chapter.
(G.O. 125, 1996, § 1)
Secs. 851-343--851-400. Reserved.
ARTICLE IV. GENERAL SYSTEM REQUIREMENTS
Sec. 851-401. Public service systems.
The operator shall provide one (1) connection to its cable system free of installation charge to all public and accredited private schools and to all public institutions in the operator's franchise territory, including city, county, and township agencies, and other local government facilities and shall provide without charge those services specified in the franchise agreement.
(G.O. 125, 1996, § 1)
Sec. 851-402. Signal quality requirements.
(a) The operator shall install and maintain its cable system (including cables, equipment and devices) so that the signal transmitted to each subscriber at all outlets and on all channels, including public access, education, and government channels, shall be of adequate strength and quality to produce, without causing cross modulation in the cables or interfering with other electrical or electronic systems, pictures and sound as good as can be reasonably accomplished using proven technology generally used by the cable industry for comparable systems.
(b) Except as preempted by federal or state law from doing so, the city reserves the right to enforce Federal Communications Commission technical standards regarding cable systems. Compliance with the regulations of the Federal Communications Commission regarding signals transmitted, including at a minimum the technical standards set forth in 47 C.F.R. Section 76.601, as amended from time to time, shall constitute compliance with subsection (a) so long as such regulations exist.
(c) The operator shall provide public, educational, and governmental access channels using headend and system processing hardware and techniques which will result in no significant deterioration in signal quality in terms of carrier to noise (C/N), chroma delay, depth of modulation, frequency stability, or other system distortions as compared to the processing quality utilized on operator's own entertainment channels.
(G.O. 125, 1996, § 1)
Sec. 851-403. Public, educational, or governmental access channels, facilities and equipment.
(a) The operator shall provide at least four (4) channels to be allocated in accordance with the franchise agreement for public, educational, or governmental access. In addition, if the operator serves additional municipalities in Marion County, the operator shall provide, if it is required by the franchise agreement, a second governmental access channel for shared use by other governmental units. In addition, if the operator's franchise territory includes more than one (1) school corporation in Marion County and the operator's cable system provides digital service, the operator shall provide, if the operator's franchise agreement so requires, up to two (2) additional educational access channels and any other channels, facilities, equipment, and other support required under its franchise on a nondiscriminatory basis.
(b) The operator shall interconnect its system with all other systems operating under a franchise granted by the city so that the channels designated for public, educational, and governmental access hereunder shall be transmitted on all systems simultaneously and on the same channels. This obligation includes the provision of all devices required to accomplish such interconnection.
(c) To the extent that an operator is providing programming for public, educational, or governmental access channels which another operator is required to carry by interconnection, the interconnecting operator shall reimburse such operator for a portion of its costs on a per subscriber basis in accordance with rules and regulations adopted by the board or on such terms as the affected operators may otherwise agree.
(d) The board may promulgate rules and procedures for the use of channels, facilities, equipment and other support designated for public, educational or governmental access.
(e) In the case of any franchise under which channel capacity is designated for public, educational or governmental use, the board may promulgate rules and procedures under which the operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for such designated purposes and rules and procedures under which such permitted uses will cease.
(f) The operator shall be responsible for preventing the presentation on public access channels of:
(1) Any material designed to promote the sale of commercial products or services; and
(2) Prerecorded programming which violates the provisions of this Code with respect to obscenity.
(g) The operator shall not exercise any editorial control over any public, educational or governmental use of channel capacity except as federal law expressly provides otherwise or as required to comply with subsection (f) and shall have no legal liability for obscenity in accordance with the act. The operator shall provide to the city copies of any written and published policies concerning indecent programming on leased access channels.
(G.O. 125, 1996, § 1)
Sec. 851-404. Parental control devices.
The operator shall provide to subscribers on request parental control devices to permit subscribers to block out both the audio and video of any channels. In addition, the operator shall install devices (i) so that access to pay-per-view programming is restricted through the use of a confidential "personal identification number" or other confidential validating information that can be assigned at the local business office or through the mail upon subscriber request; and (ii) so that the sound and video portion of any scrambled channel that carries programming can be blocked out on subscriber request. The operator must notify all subscribers that this option is available, when it first begins providing cable services to a subscriber and at least annually thereafter.
(G.O. 125, 1996, § 1)
Sec. 851-405. Interconnection of institutional networks.
If an operator's franchise agreement requires the provision of an institutional network, the operator shall design the network so that it may be interconnected to institutional networks provided by any other operator granted a franchise by the city and shall be constructed to include all equipment, including active and passive electronic and optical devices, needed to achieve compatibility so as to transmit video, sound and data between users of such networks without modification of user's equipment and without significant deterioration in signal quality between networks.
(G.O. 125, 1996, § 1)
Sec. 851-406. Emergency use of facilities.
(a) In the case if any disaster duly declared by the mayor or other official legally able to declare a disaster, the operator shall, upon request of the mayor or director of the city's emergency management division, make available to the city for emergency use during the disaster period all facilities, as are necessary, for the term of such disaster.
(b) The system shall incorporate an emergency alert system that permits the city to override the audio portions of all signals on all channels which the operator may lawfully override. The operator shall design the emergency alert system to permit the city to do the following:
(1) Access and activate the emergency alert system using a touch-tone telephone and a special security code. The telephone can be connected to the emergency alert system via the local exchange company or a dedicated connection installed by the operator.
(2) Replace audio on all channels with an emergency message that may be originated from a single location to be designated by the city using a telephone and character generator.
(3) Play back a prerecorded message over the emergency alert system.
The operator's obligations under this section include the obligation to provide equipment for the system required to ensure the system works and complies with FCC regulations. The operator shall work with the city to develop a plan for the regular testing of the emergency alert system. However, it is the sole responsibility of the city to determine whether and under what circumstances the emergency alert system shall be used for county-wide alerts. City shall indemnify and hold operator harmless for any claim arising from the city's use of the emergency alert system.
(G.O. 125, 1996, § 1)
Sec. 851-407. Technological advances.
The operator, at its expense, shall, upon city's request, but not more often than biennially, report to the board on technological advances in the industry and how such advances are being applied or could be applied in the city. To the extent provided in a franchise agreement, the city may periodically reopen negotiations with the operator to insure that the system is kept up to date.
(G.O. 125, 1996, § 1)
Secs. 851-408--851-500. Reserved.
ARTICLE V. CUSTOMER SERVICE STANDARDS
Sec. 851-501. Complaint and service procedure.
(a) The city has adopted the Federal Communications Commission customer service standards, and the operator shall comply with these standards and any modifications to the standards adopted by the Federal Communications Commission during the term of its franchise.
(b) The operator shall maintain an office in Marion County, Indiana, with local staffing and convenient hours of operation including operating hours at least six (6) days per week (Monday through Saturday) with extended hours at least two (2) days per week. Usual business hours shall be 8:00 a.m. to 6:00 p.m., with extended hours of 8:00 a.m. to 8:00 p.m., and Saturday hours of 9:00 a.m. to 2:00 p.m. In addition, the operator shall have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time, whether the office is open or closed.
(c) Maintenance service shall be immediately available to correct major outages from 8:00 a.m. until 12:30 a.m. every day, including Saturdays, Sundays and holidays.
(d) Investigative action shall be initiated in response to all service calls, other than major outages, not later than the next business day after the call is received. Corrective action shall be completed as promptly as practicable.
(e) The operator shall maintain records of customer complaints, of responses to customer complaints, and of service calls in a form adequate for the board to determine compliance with this article.
(f) Operator shall provide consumer billing information at the time of installation, at least annually to all subscribers, and at any time upon request. This information shall include written instructions that clearly set forth procedures for placing a service call or requesting an adjustment. These instructions shall also include a name, address and telephone number of the agency and a reminder that the subscriber can call or write for information regarding terms and conditions of the operator's franchise if the operator fails to respond to the subscriber's request for installation, service or adjustment within a reasonable period of time.
(g) In the event a subscriber does not obtain a satisfactory response or resolution to his request for service or an adjustment within a reasonable period of time, he may advise the board of his dissatisfaction in writing and the board shall investigate the matter and keep records with respect to all complaints.
(h) The operator shall interrupt intentionally system service after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible and, except in emergency situations, only after publishing notice of service interruption at least twenty-four (24) hours in advance. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair, without notification, on not more than two (2) nights in any week.
(i) The operator shall bill subscribers no more frequently than once a month not to exceed twelve (12) times per calendar year, and shall not bill for services not being provided to subscribers.
(j) Operator shall provide credit to subscribers who call the city to report an outage to the same extent as if that subscriber had called the operator, provided that, the city submits the names of such subscribers to the operator and operator confirms such subscribers are in an area affected by an outage.
(k) The operator shall maintain lists of current subscribers, recently installed subscribers, and subscribers having repairs performed along with telephone numbers and in a manner consistent with section 851-504 provide such lists monthly in an appropriate format to the contractor selected by the city to conduct cable subscriber surveys to assist the board in evaluating the operator's quality of service.
(l) The operator shall have authority to promulgate such written rules, regulations, policies, prices and subscriber practices as are reasonably necessary for its business, including installation and disconnection policies, delinquent accounts collection procedures and late payment penalties, but subscribers may not be required to waive rights they would otherwise have under applicable law in order to obtain service. The operator shall provide the city with a copy of all such rules, regulations, policies, prices and subscriber practices promulgated by the operator for the administration of its business as it relates to its franchise and maintained by the operator in writing, whether now existing or hereafter promulgated. Nothing in this section shall allow the operator to promulgate rules which are inconsistent with its franchise agreement with the city or applicable law, and the city shall have the right to regulate or prohibit any practice or charge which the city may regulate or prohibit under applicable law.
(G.O. 125, 1996, § 1)
Sec. 851-502. Termination of service.
Upon termination of service to any subscriber, the operator shall promptly remove all its facilities and equipment from the premises of such subscriber upon request or if subscriber declines to acquire the facilities and equipment from the operator.
(G.O. 125, 1996, § 1)
Sec. 851-503. Preferential or discriminatory practices prohibited; service provided by special cable operator.
Except to the extent permitted by federal, state or local law, the operator shall not, as to rates, charges, service facilities, rules, regulations or in any respect, make or grant any undue advantage; provided, however, connection and service charges may be waived or modified during the operator's promotional campaigns which shall be offered on an equal basis to all similarly situated customers.
(G.O. 125, 1996, § 1)
Sec. 851-504. Subscriber privacy.
The provisions of Section 631 of the Act (47 U.S.C. Section 551) with regard to the protection of subscriber privacy are incorporated into this section.
(G.O. 125, 1996, § 1)
Secs. 851-505--851-600. Reserved.
ARTICLE VI. RIGHTS AND DUTIES OF OPERATOR
Sec. 851-601. Franchise fee.
(a) General requirement. Unless otherwise provided by its franchise agreement or this chapter, the operator of a cable system for which a franchise is required under this chapter shall pay to the city as compensation for use of the public rights-of-way franchise fees in aggregate amounts equal to five (5) percent of its gross revenues derived annually from its operations of the cable system to provide cable services within the city.
(b) Previously granted franchise. As to franchises granted prior to August 1, 1995, the operator shall pay the franchise fee specified in the respective franchise agreements, as amended.
(c) Direct payments. A franchise granted or renewed after August 1, 1995, shall require the operator to make direct payments to the city as franchise fees an amount equal to five (5) percent of its gross revenues reduced by (1) any and all taxes or fees or services furnished by the grantee imposed directly on any subscriber or user by any city, county, state or other governmental unit, and collected by the grantee for such entity; (2) any and all interest income from any source attributed to such cable system operations; (3) any and all income derived by the grantee from the sale and transfer of cable system assets; (4) any and all amounts of bad debts from such cable system operations that are written off by the grantee; and (5) advertising agency commissions if grantee does not receive such amounts and such amounts are not reflected in grantee's financial statements as revenues.
(d) Credits. If the franchise requires the operator to pay other amounts which are deemed franchise fees under federal law and the sum of those payments and those required by subsection (c) exceeds the maximum franchise fees permitted by federal law, the payments under subsection (c) shall be reduced by such amount so that the total franchise fees shall not exceed the maximum permitted by federal law.
(e) Prepaying franchise fees. The operator shall be prohibited from prepaying franchise fees on estimated annual revenues at the time of bidding for a new or renewal franchise.
(f) Periodic audits. The city reserves the right to conduct periodic audits of the operator's records to determine compliance with this provision. The city's acceptance of the operator's franchise fee payments does not constitute an accord and satisfaction nor are such payments in lieu of any other fees, taxes, or payments owed by the operator.
(g) Interest on unpaid fees. The operator shall pay simple interest at the rate of ten (10) percent per annum on all franchise fees which remain unpaid after the date they are due until the fees are paid.
(G.O. 125, 1996, § 1; G.O. 31, 1998, § 1)
Sec. 851-602. Security fund.
(a) Within thirty (30) days after the execution of a franchise agreement, the operator shall deposit with the city monies, a bond, a letter of credit, or a combination of these instruments in amounts specified in the franchise agreement (the security fund) as security for the faithful performance of all the provisions of the franchise agreement, for timely completion of any construction required by the franchise agreement, for payment of administrative fines described in section 851-605 of this chapter, and for payments by the operator of any claims, liens, and taxes due the city which arise by reason of the construction, operation, or maintenance of the system. Any monies deposited pursuant to this section shall be placed by the controller of the city in an interest-bearing demand account at a bank or local savings institution agreeable to both parties. Interest on this account will accrue to the benefit of the operator upon completion and activation of the system as required in the franchise contract. Upon completion of construction required by the franchise agreement, the security fund shall be reduced by the board thereafter to an amount which the board deems reasonable, considering the nature and extent of any anticipated liabilities during the remaining term of the franchise, which amount shall be maintained during the period of the franchise contract.
(b) If the franchise administrator determines that city or county taxes are due from the operator and are unpaid, that the city has been compelled to pay damages, costs, or expenses by reason of any act or default of the operator in connection with the franchise agreement, or that any other claims against the operator have arisen by reason of the construction, operation, or maintenance of the system, such that the city may draw monies from the security fund, the franchise administrator shall make a written report to the board outlining both the circumstances which the franchise administrator believes entitles the city to withdraw monies from the security fund and the amount proposed to be withdrawn. The franchise administrator shall provide a copy of the report to the operator. The board shall hold a hearing on the proposed withdrawal during which the operator may respond to the franchise administrator's report. Following the hearing, the board shall decide whether a withdrawal should occur and the amount of any withdrawal. The franchise administrator may immediately withdraw the amount, and, upon such withdrawal, the franchise administrator shall notify the operator of the amount and the withdrawal date. Within ten (10) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection (a), the operator shall pay to, or deposit with, the city a sum of money or securities sufficient to restore such security fund to the full amount required by subsection (a). If the operator fails to restore such security fund within the specified ten-day period, the city may withdraw the entire security fund deposit remaining which shall be forfeited.
(c) With respect to violations of this chapter for which administrative fines are specified in section 851-605, the franchise administrator or other authorized city official shall provide written notice of the alleged violation to the operator and allow the operator thirty (30) days to comply. If the operator fails to comply or to notify city that corrective action is being actively and expeditiously pursued, the franchise administrator or other authorized city official may initiate a proceeding before the board, which board is hereby designated pursuant to IC 36-1-6-9 as the administrative board before which violations of this chapter may be enforced. Such proceeding shall be initiated by filing a complaint with the board, which shall issue a summons to the operator setting a time and date at which the board will hold a hearing on the violations alleged in the complaint. If after a hearing conducted in compliance with IC 36-1-6-9 the board finds that the operator has violated the ordinance as alleged, the board shall enter an order fixing the amount of the administrative fines. If the operator fails to appeal the order of the board within sixty (60) days after the date of the order as provided in IC 36-1-6-9(f), the city shall withdraw the amount of administrative fines fixed in such order from the security fund.
(d) The security fund deposited pursuant to this section shall become the property of the city in the event that the franchise agreement is canceled by reason of the default of the operator. Notwithstanding the foregoing, the operator shall have the right to contest the board's decision to authorize a withdrawal from the security fund by filing an action in a court of competent jurisdiction. If the operator prevails in such an action, the city shall repay to the operator the amount of the sum so withdrawn from the security fund together with interest at the statutory rate which applies to judgments from the date of such withdrawal.
(e) The operator shall be entitled to the return of such security fund, or portion thereof, and interest as remains on deposit with the city at the expiration of the term of its franchise, provided that there is then no outstanding default on the part of the operator.
(f) The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, whether reserved by this chapter, the franchise or contract, or authorized by law; and no action, proceeding, or exercise of a right with respect to such security fund shall affect any other right the city may have.
(G.O. 125, 1996, § 1)
Sec. 851-603. Liability, indemnification and insurance.
(a) The operator shall indemnify the city and its officers, employees, and agents for all expenses and costs, including reasonable attorneys' fees and other out-of-pocket expenses, arising out of or resulting from the grant of a franchise to the operator under this chapter, provided that the operator shall have the right to agree to the selection of counsel and the fees to be charged for such defense and shall have the right, together with the city, to give direction to counsel in such defense.
(b) The operator shall pay all damages and penalties which the city may legally be required to pay as a result of the grant of its franchise under this chapter, including all damages arising out of the installation, operation, or maintenance of the system, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Code. The operator's payment shall include all amounts expended by the city in defending itself in such action including, but not limited to, attorneys' fees and out-of-pocket expenses.
(c) In order for the city to assert its rights to be indemnified, defended, and held harmless, the city shall:
(1) Notify the operator of any claim or legal proceeding which gives rise to such right;
(2) Afford the operator the opportunity to participate in any compromise, settlement, or other resolution or disposition of such claim or proceeding and to fully control the financial terms of any payments to be made in such final disposition;
(3) Fully cooperate with the reasonable request of the operator in its participation in, and control, compromise, settlement, or resolution or disposition of such claim or proceeding;
and the operator and the city shall act reasonably under all circumstances so as to mutually protect each other against liability and to mutually refrain from compromising the rights of each other. The city shall inform the operator of any offers to compromise, settle or otherwise resolve or dispose on any such claim or proceeding. If the operator is willing to accept such an offer and make all payments required by its terms, but the city refuses to agree to such offer within fifteen (15) days of notice from operator, the operator's obligation for indemnification shall be limited to the amount that would have been due if the offer had been accepted.
(d) The operator shall purchase and maintain throughout the term of the franchising contract such commercial general liability and other insurance as is appropriate and as will protect the operator and the city, by their employees, officers, or agents from (i) claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; (ii) claims for damages because of bodily injury, occupational sickness or disease, or death of the operator's employees; (iii) claims for damages because of bodily injury, sickness or disease, or death of any person other than the operator's employees; (iv) claims for damages insured by personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the operator, or by any other person or entity for any other reason; (v) claims for damages because of physical injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; (vi) claims arising out of operation of any laws or regulations for damages because of bodily injury or death of any person or for damage to property; and (vii) claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle, which may arise out of or result from the operator's other obligations under the franchise agreement whether it is to be performed or furnished by the operator, by any subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the work under the agreement, or by anyone for whose acts any of them may be liable. Written evidence of payment of premiums and copies of such insurance certificates shall be filed with the board within thirty (30) days of the effective date of the franchise.
(1) The insurance required by this section shall be written for not less than the limits of liability and coverages as provided herein or as required by law, whichever is greater. The commercial general liability insurance shall include coverage of (a) premises and operations; (b) contractual liability as applicable to any indemnification hold harmless agreements in the agreement; (c) products and completed operations; (d) broadform property damage, including completed operations; (e) fellow employee claims under personal injury; and (f) independent contractors. Such insurance shall specifically include coverage for property damage from explosion, collapse of structures or structural injury due to grading of land, excavation, filling, backfilling, tunneling, pile driving, caisson work, moving, shoring, underpinning, raising of or demolition of any structure, or removal or rebuilding of any structural support of a building or structure. Such insurance shall further include coverage for damage to wires, conduits, pipes, mains, sewers, or other similar apparatus encountered below the surface of the ground when such damage is caused by any occurrence arising out of work performed by the operator or by any of the operator's subcontractors or anyone directly or indirectly employed by either.
(2) The operator's insurance shall be written for not less than the following limits of liability:
a. Workers' compensation and disability: Statutory limits;
b. Employer's liability:
1. Bodily injury by accident: One hundred thousand dollars ($100,000.00) each accident;
2. Bodily injury by disease: Five hundred thousand dollars ($500,000.00) policy limit;
3. Bodily injury by disease: One hundred thousand dollars ($100,000.00) each employee.
c. Commercial general liability (occurrence basis) bodily injury, personal injury, property damage, contractual liability, products-completed operations:
1. General aggregate limit (other than products/completed operations): Two million dollars ($2,000,000.00);
2. Products/completed operations: Two million dollars ($2,000,000.00);
3. Personal and advertising injury limit: One million dollars ($1,000,000.00);
Each occurrence: One million dollars ($1,000,000.00);
Fire damage (any one (1) fire): Fifty thousand dollars ($50,000.00);
Medical expense limit (any one (1) person): Five thousand dollars ($5,000.00).
d. Comprehensive auto liability (single limit) (owned, hired and nonowned): Bodily injury and property damage: One million dollars ($1,000,000.00) each accident.
e. Umbrella excess liability: Five million dollars ($5,000,000.00) each occurrence and aggregate. The deductible on the umbrella liability shall not be more than ten thousand dollars ($10,000.00).
(3) The operator shall be responsible for paying all deductible amounts.
(4) Before commencing work, the operator shall submit a "certificate of insurance" indicating the above necessary coverages as well as naming the city, its employees and representatives as "additional named insureds" on all policies except workers' compensation to the city for review and approval. Such insurance shall be carried with financially responsible insurance companies authorized to do business in the State of Indiana, have a general policyholder's rating of A+, A, or A-, in the edition of Alfred M. Bests Insurance Reports and be satisfactory in form and coverage to the city. Such coverages shall be kept in force at all times during the term of the franchise agreement. The operator's insurer(s) shall provide by certified mail to the city sixty (60) days prior written notice in the event of cancellation, nonrenewal or material change in the policies. In the event the board determines that the certificates do not clearly show that the operator's coverages and liability limits are those required by this chapter or litigation involving the scope or amount of the operator's coverage under this chapter is commenced, the board reserves the right to request, and the operator shall provide, copies of the underlying insurance policies for the certificates required above.
(5) The commercial general liability insurance required by this section shall include contractual liability insurance applicable to indemnity and hold harmless obligations under the franchise agreement.
(e) The rights reserved to the city with respect to indemnification and insurance are in addition to all other rights of the city, whether reserved by this Code, the franchise agreement, or authorized by law, and no action, proceedings, or exercise of a right with respect to such indemnification and insurance shall affect any other right the city may have.
(G.O. 125, 1996, § 1)
Sec. 851-604. No recourse.
Except for actions seeking equitable relief, the operator shall have no recourse whatsoever against the city or its officers, employees, or agents, for any loss, cost, expense or damage on account of claims arising out of any provision or requirements of its franchise because of its enforcement or nonenforcement, and without regard to whether the act or omission giving rise to the loss, cost, expense or damage was required or not required by the grant of the franchise. Nothing in this section shall be read to waive or limit any immunities granted by state or federal law to the city.
(G.O. 125, 1996, § 1)
Sec. 851-605. Administrative fines.
(a) For certain violations of the provisions of this chapter, the following administrative fines shall be chargeable to the security fund in accordance with the procedures of section 851-602 of this chapter as follows:
(1) For the failure to complete construction and installation of the system in accordance with Article III of this chapter, the operator shall be subject to an administrative fine of one thousand dollars ($1,000.00) each day or part thereof that the failure continues.
(2) For failure to provide data and reports as requested by the council or board or required by this chapter, the operator shall be subject to an administrative fine of fifty dollars ($50.00) each day or part thereof that the failure continues.
(3) For failure to comply with the transfer requirements of section 851-253 of this chapter, the operator shall be subject to an administrative fine of one thousand dollars ($1,000.00) each day or part thereof that the failure continues.
(4) For continuing failure after notice by city to comply with the system and customer service standards of Articles IV and V of this chapter, the operator shall be subject to an administrative fine of seven hundred fifty dollars ($750.00) each day or part thereof that the failure continues.
(5) For persistent failure to comply with such reasonable requests as may be made by the council and board pursuant to authority granted by this Code, the operator shall be subject to an administrative fine of seven hundred fifty dollars ($750.00) each day or part thereof that the failure continues.
(6) Recovery of administrative fines shall not excuse nonperformance, and the city may, in addition to recovering such damages, obtain any other relief or apply any other remedy which it may seek under this Code, the franchise agreement, or otherwise at law or equity.
(b) In addition, the city retains all other rights and powers it has by virtue of this Code, the franchise agreement or otherwise, including the right to impose civil penalties, and shall have the right to terminate and cancel the franchise and all rights and privileges of the operator in accordance with the franchise agreement.
(c) Operator shall not be deemed in violation of the provisions of this chapter where such violation is an event beyond operator's control such as war, riots, civil disturbance, loss of utility service or facilities, judicial or governmental order, hurricanes, tornadoes, wind, floods or other natural catastrophes or other events beyond an operator's control, and an operator shall not be penalized for such violation, provided the operator takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible with this chapter under the circumstances without endangering the health, safety and integrity of the public, public streets, public property, or private property.
(d) Termination and cancellation may be effected only as specified by ordinance and in accordance with federal, state and local law; however, before the franchise may be terminated and canceled under this section, the operator must be provided with thirty (30) days notice and an opportunity to be heard before the council or its designated committee.
(G.O. 125, 1996, § 1)
Sec. 851-606. Noncollusion warranty.
The operator shall warrant that it has neither paid nor agreed to pay any commission, fee, percentage, gift, or any other consideration, including providing service without charge, contingent upon, or resulting from the award, transfer or renewal of its franchise to any officer (whether elected or appointed), employee or agent of the city or of Marion County, Indiana.
(G.O. 125, 1996, § 1)
Secs. 851-607--851-700. Reserved.
ARTICLE VII. GENERAL REGULATORY PROVISIONS
Sec. 851-701. Subscribers' rates and charges.
(a) To the extent permitted by Section 623 of the Act (47 U.S.C. Section 543) and any regulations promulgated pursuant thereto by the Federal Communications Commission, the city shall regulate rates and charges for cable service to subscribers. The authority of the city to regulate such rates and charges is delegated to the board, subject to the procedures and limitations of this section.
(b) The following procedures shall be used to review and approve changes in rates and charges:
(1) The cable franchise board shall adopt rules and regulations for the review and regulation of rates and charges for cable services provided by franchisees consistent with the requirements of the act, applicable Federal Communications Commission regulations and this chapter. Because of the deadlines contained in current Federal Communications Commission regulations, such rules and regulations shall be in effect upon adoption by the board, provided that the council may suspend or reject such regulations by resolution adopted within sixty (60) days of the date of certification of such rules and regulations to the clerk.
(2) The cable franchise board shall adopt final rate orders in accordance with the rules and regulations adopted by the board. Such orders shall be final upon adoption for purposes of time limits set forth in Federal Communications Commission rules but may be reviewed by the council upon request by any participating party as set forth in this paragraph. "Participating party" means the franchisee, the franchise administrator, and any person or entity who participated orally or by filing written petitions with the board in the rate proceedings before the board. Review by the council shall be initiated by filing a request with the clerk of the council. Such request shall state briefly the reasons that review is requested and shall be filed within fifteen (15) days of the date of the board's final rate order. Within thirty (30) days of the filing of such request, the committee shall hold a hearing upon the request, which hearing may be continued as deemed appropriate by the committee. The committee may recommend to the council that the final rate order be returned to the board for further proceedings. If the council adopts a resolution returning the order to the board, the board shall hold such additional hearings as appropriate and may either affirm or amend its final rate order. If the order is amended or modified, such amended or modified order shall be subject to further review as provided in this paragraph for final rate orders. If the council fails to act upon a final rate order within ninety (90) days of its adoption by the board, the order of the board shall be final, subject only to review as provided by law. Notwithstanding the above, an interested party may appeal the order of the board to the Federal Communications Commission or a court of competent jurisdiction in accordance with Federal Communications Commission rules without seeking review by the council.
(3) The city reserves the right to regulate subscribers' rates and charges by ordinance if the applicable federal law is changed or repealed and the city is not prohibited from doing so by law.
(c) Regardless of whether the city regulates or is authorized to regulate rates and charges to subscribers, the operator shall not discriminate as to rates and charges among customers of basic service, except as permitted by applicable law.
(d) In any request for proposals or as a condition of the renewal of existing franchises, the city may require and regulate the installation or rental of equipment which facilitates the reception of basic cable service by hearing-impaired individuals.
(G.O. 125, 1996, § 1)
Sec. 851-702. Compliance with other applicable laws.
(a) The operator shall comply with all statutes, codes, ordinances, rules and regulations applicable to its business.
(b) A franchise granted pursuant to this chapter authorizes only the operation of a cable system, and does not take the place of any other franchise, license or permit which law requires of the operator.
(G.O. 125, 1996, § 1)
Sec. 851-703. Reports to be filed with board.
(a) The operator shall file and maintain with Indianapolis Mapping and Geographic Infrastructure System (IMAGIS) Consortium or successors true and accurate mapping data in digital format of all existing and proposed plant extensions.
(b) Upon request of the city, the operator shall file with the agency all quarterly and annual financial reports and statements required to be filed with the Securities and Exchange Commission. The operator shall also provide the agency with quarterly statements of gross revenues by category of revenue with regard to payment of franchise fees as well as an annual report of gross revenues by category of revenue from the operation of its system in the city.
(c) The operator shall file with the agency a copy of any formal communications received from or required to be filed with any other governmental agency, except tax returns and determinations, including the Federal Communications Commission, concerning the operation of its system in the city or affecting the operator's ability to perform its franchise agreement with the city.
(d) The operator shall file with the agency written evidence at least annually of payment of premiums on insurance policies required by this chapter.
(e) The operator shall file annually with the agency the equal employment opportunity reports described in Section 634 of the Act (47 U.S.C. Section 554). These reports shall be filed with the agency within thirty (30) days after the reports are filed with the Federal Communications Commission.
(f) The operator shall keep on file with the agency current copies of insurance certificates evidencing the coverages and liability limits required by this chapter.
(g) The operator shall monthly file with the agency an operations report, showing such information as changes in subscriber totals, subscribers for each tier of service, a summary of complaints, and a summary of outages.
(h) The operator shall file or keep on file with the agency any information which may be required by this Code or which the board reasonably deems necessary to ensure that the duties of the operator, its customers, the agency, and the board are carried out.
(G.O. 125, 1996, § 1)
Sec. 851-704. Inspection of records and facilities; maintenance of records.
(a) At any reasonable time during normal business hours, the city shall have the right to inspect the studios, equipment, operating facilities and business records maintained by the operator to determine compliance with applicable law.
(b) The operator shall maintain all records related to the franchise for at least five (5) years, and all such records shall stay with the system in the event of a transfer.
(G.O. 125, 1996, § 1)
Sec. 851-705. Limitation on ownership by certain parties.
(a) No officer (whether elected or appointed), employee, or agent of the city or of Marion County, Indiana, or member of his immediate family (meaning spouse or children), whose official duties require him to administer, enforce, or regulate the business of the operator or the terms or conditions of the franchise agreement, shall, during the term of the franchise or until after a period of one (1) year following the termination of his duties as such officer, employee, or agent, own, either directly or indirectly, any beneficial interest in the business of the operator.
(b) Without limiting the generality of the description of persons or entities described in subsection (a), the limitation set forth in this section shall apply to members of the board, members of the council, the officers, employees, and agents of the council and of the agency.
(G.O. 125, 1996, § 1)
Sec. 851-706. Performance evaluations.
The city shall conduct regular performance evaluations at least every three (3) years during the term of the franchise to determine the operator's compliance with the terms of his franchise agreement and the Code.
(G.O. 125, 1996, § 1)
Sec. 851-707. Reimbursement of city's expenses.
The operator shall reimburse the city its expenses for conducting the franchise audits described in section 851-601 and the performance evaluations described in section 851-706, if specifically required by the franchise agreement.
(G.O. 125, 1996, § 1)
Sec. 851-708. Reservation of city rights; franchise limitations.
(a) No privilege or power of eminent domain is bestowed by the grant of a franchise under this chapter; the grant of franchise does not confer any rights other than as expressly provided by this chapter or the franchise agreement.
(b) The franchise and the right it grants to use and occupy the public ways shall not be exclusive and do not explicitly or implicitly preclude the issuance of other franchises to operate cable systems or other communications systems within Marion County, Indiana, affect the city's right to authorize use of public ways by other persons or entities to operate cable systems or other communications systems or for other purposes as it determines appropriate for the same or a different franchise territory, or affect the city's right to itself construct, operate or maintain a cable system or other communications system, with or without a franchise as permitted by federal or state law.
(G.O. 125, 1996, § 1)
Sec. 851-709. Public records standard.
Public records generated under this chapter shall be available in accordance with the provisions of IC 5-14-3.
(G.O. 125, 1996, § 1)