CHAPTER 14-01
CABLE TELEVISION FRANCHISE
SECTIONS:
14-0101. Title.
14-0102. Definitions.
14-0103. Grant of Non-Exclusive Authority.
14-0104. Compliance with Applicable Laws and Ordinances.
14-0105. Territorial Area Involved.
14-0106. Technical Standards.
14-0107. Operation and Maintenance of System.
14-0108. Safety Requirements.
14-0109. Build-Out-New Developments.
14-0110. Limitations on Rights Granted.
14-0111. Ownership and Removal of Ordinance.
14-0112. Assignment of Ordinance.
14-0113. Duration and Renewal of Ordinance.
14-0114. Erection, Removal of Ordinance.
14-0115. Rates.
14-0116. Payment to the City.
14-0117. Service to City.
14-0118. Public, Educational and Governmental Access Channels.
14-0119. Emergency Use of Facilities.
14-0120. Miscellaneous.
14-0121. Modification of Obligations.
14-0122. Liability and Indemnification.
14-0123. Severability.
Chapter 14-01 of the Revised Ordinances of 2006
14-0101. TITLE. This Ordinance shall be known and may be cited as the "Midcontinent Cable Television Ordinance," and is sometimes referred to as the "franchise."
14-0102. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein, when not inconsistent with the context, words in the present tense including the future, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
- "Basic Cable Service" means the service tier which includes the retransmission of local television broadcast signals.
- "City" is the City of Harwood, North Dakota
- "Council" or "City Council" is the Ciry Council of the City of Harwood, North
Dakota. - "Cable Television System" or "Cable System" is a system utilizing certain electronic and other components which deliver to subscribing members of the
public various video or communications services. - "Cable Television Reception Service" means the delivery by the Grantee to
television receivers or any other suitable type of electronic terminal or
receiver of the electronic signals and other communications services carried
over said system including VDSL services. - "FCC" shall mean Federal Communications Commission
- "Person" is any person, firm, partnership, association, corporatton or
organization of any kind and any other legally recognized entity. - "Grantee" is Midcontinent Communications ("Midcontinent") or anyone who
succeeds Midcontinent in accordance with the revisions of this ordinance. - "Subscribers" are those persons to receive cable television reception services
fumished under this ordinance by Grantee.
14-0103. GRANT of NON-EXCLUSIVE AUTHORITY. There is hereby granted
by the City to the Grantee, and to its successors, assigns or designees, the non-exclusive
right to erect, maintain and operate i, under, over, along, across and upon the present and
future streets, lanes, avenues, sidewalks, alleys, bridges, highways, easements dedicated for
compatible uses and other public places in the City of City of Harwood, North Dakota, and
subsequent additions thereto; towers, poles, lines, cables, wires, manholes, and all other
fixtures and equipment necessary for the maintenance and operation in the City of a cable
television system, for the purpose of transmission and distribution of audio, visual.
electronic and electric impulses in order to fumish television and radio programs and
various other communications services to the public for a period of ten (10) years,
commencing from and after the effective date of this Ordinance.
I4.OIO4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES.
The Grantee shall, during the term hereof, except in those areas which have been preempted
by the Acts, Laws, and regulations of the Govemment of the United States, be subject to all
lawful exercise of the regulating and police powers of the City.
- 14-0105. TERRITORIAL AREA INVOLVED.
1. This Ordinance relates to the present territorial limits of the City and to any
area annexed thereto during the term of this Ordinance. - Grantee may, but shall not be required to, serve areas or individual homes
adjoining, but outside the Cify limits and that may be served from its existing
facilities. Grantee may negotiate directly with such customers the amount to
be charged for the bringing ofthe service to the customer. - Services provided by the Grantee under this franchise shall be made available
to all points within the Service Area during the term of this franchise under
the following conditions:
a. Whenever the Grantee shall receive a request for service from at least
30 residences within 1,320 cable-bearing strand feet (one-quarter mile)
of its hunk or distribution cable, it shall extend the Cable System to
such Subscribers at no cost to said Subscribers for the extension, other
than the usual connection fees for all Subscribers, provided that such
Cable System extension is technically feasible and provided such an
extension will not adversely affect the operation, financial condition,
or market development of the Cable System or as provided for under
subsection b, below.
b. No Subscriber shall be refused service arbitrarily. However, for
unusual circumstances, such as Subscriber's request to locate his cable
drop underground in an area where other installations is done in an
aerial manner or a distance of greater than 200 feet lrom the
distribution cable to the connection of service to Subscriber' or a
density of less than 30 residences per 1,320 cable-bearing strand feet
(one-quarter mile) oftrunk or distribution cable, service may be made
available on the basis of a capital contribution in aid of construction,
including cost of materials, labor, and access to easements. For the
purpose of determining the amount of capital contribution in aid of
construction to be borne by the Grantee and Subscribers in an area in
which service may be expanded, the Grantee will contribute an amount
equal to the construction and other costs per mile, multiplied by a
fraction whose numerator equals the actual number of residences per
1,320 cable-bearing strand feet of its hunks or distribution cable, and
whose denominator equals 30 residences.
c. Subscribers who request service hereunder may bear the remainder of
the construction and other cost on a pro rata basis. The Grantee may
require that the payment of the capital contribution in aid of
construction to be borne by such potential Subscribers be paid in
advance.
14-0106. TECHNICAL STANDARDS. Grantee shall be govemed by technical
standards established by the FCC.
- 14-O1O7. OPERATION AND MAINTENANCE OF SYSTEM
1. Grantee shall render efficient service, make repairs promptly and intemrpt
service only for good cause and for the shortest possible time. Such
internrption, insofar as possible, shall be preceded by notice and shall occur
during minimal use of the system. - All service requests and complaints should generally be responded to
within twenty-four (24) hours of receipt.
14-0108. SAFETY REQUIREMENTS. The Grantee shall, at all times, employ
ordinary care and shall use and maintain commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damages, injuries, or nuisances to
the public.
14-0109. BUILD-OUT - NEW DEVELOPMENTS. The Citv shall agree to
amend this franchise, upon application of the Grantee, when necessary to enable the Grantee
to take advantage of any developments in the field of transmission of television and radio
signals which will afford it an opportunity to more effectively, efficiently, or economically
serve its customers. Provided, however, that this section shall not be construed to require the
City to make any amendment or to prohibit it from unilaterally changing its policy stated
herein.
With regards to buildouts for new developments:
- Subject to the line extension provisions of Section 14-0105, Grantee shall
extend cable service to all areas of the City with a density of 30 homes per
mile at no cost for cable system extension other than the standard installation
fees charged to all subscribers, and in accordance with its franchise and
consistent with the rules and guidelines of the FCC. - In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give all Grantees at least 14 days' wrtten notice to Grantees of the construction or development, and of the particular date on which open trenching will be available for Grantee's installation of conduit and/or cable. A Grantee shall provide specifications as needed for trenching.
- Should the Grantee determine that line extension is economically unfeasible,
the Grantee and the developer agree to negotiate in good faith toward an
equitable agreement. If the Grantee and the developer arrive at impasse,
disputes over the extension shall be mediated by the City Council 30 days
after receipt of written request by either patty.
14-01 10. LIMITATIONS ON RIGHTS GRANTED.
- All transmission and distribution structures, lines, and equipment erected by
the Grantee within the City shall be so located as to cause minimum
interference with the proper use of streets, alleys and other public ways and
places, and to cause minimum interference with the rights and reasonable
convenience of property owners who adjoin any of the said streets, alleys or
other public ways and places, and said poles or towers shall be removed by
Grantee whenever the City reasonably finds that the same restricts or obstructs
the operation or location of any future streets or public places in the City
Harwood, North Dakota.
2. All transmission and distribution structures, lines and equipment erected by
the Grantee within the City shall be located, erected, and maintained so as not
to endanger or interfere with the lives of persons, or to interfere with and
installations of the City or of a public utility serving the City, or to interfere
with new improvements the City may deem proper to make.
3. In the maintenance and operation of their television transmission and distribution
system in the streets, alleys, and other public places, and in the course of any
new construction or addition to their facilities, Grantee shall proceed so as to
cause the least possible inconvenience to the general public: any opening or
obstruction in the streets or other public places made by Grantee in the course
of its operations shall be guarded and protected at all times by the placement
of adequate barriers, fences, or boarding's, the bounds of which, during
periods of dusk and darkness, shall be clearly designated by waming
indicators.
4. All work in any way necessitated by the business of Grantee which may
involve the opening, breaking up or tearing up of a portion of a street,
sidewalk, or other part ofany City-owned or City-controlled property shall at
the option of the City be done by the City at the expense of Grantee. In the
event the City does not exercise its option, in case ofdisturbance ofany street.
sidewalk, alley, public way, or paved area, the Grantee shall at its own
expense and in a manner approv€d by the City, replace and restore such street,
sidewalk, alley, public walk, or paved area in as good as condition as before
the work involving such disturbance was done. Grantee shall not be required
to pay a fee for street openings.
5. If at any time during the period of this Ordinance the City shall lawfull elect to alter or change the grade of any street, sidewalk, alley, or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles wires, cables, underground conduits, manholes and other fixtures at its own expense.
6. All installations of equipment shall be in accordance with good engineering
practices, and of sufficient height to comply with all existing City regulations.
ordinances and state laws so as not to interfere in any manner with the right ol
the public or individual property owner, and any equipment in a public way or
public place shall not interfere with the usual travel on such public way or
usual use of such public place by the public and, during the construction,
repair or removal thereof, shall not unduly obstruct or impede traffic.
7. The Grantee shall, on the request ofany person holding a building moving permit
issued by the City or any person who wishes to remove trees or structures
from their property, temporarily raise or lower its wires to permit the moving
of buildings or tree removal. The expense of such temporary or raising or
lowering of wires shall be paid by the person requesting the same, and the
Grantee shall have the authority to require such payment in advance. The
Grantee shall be given not less than fourteen (14) days advance notice to
arrange for such temporary wire changes.
8. The Grantee shall have the authority to trim trees that are overhanging the
streets, alleys, sidewalks and public ways and places of the City so as to
prevent the branches of such trees from coming in contact with the wires and
cables of the Grantee, except that at the option of the City, such trimming may
be done by it or under its supervision and direction at the expense of the
Grantee, provided that Grantee has been first notified to perform such
trimming and has unreasonably refused to do so. Trimming shall be done in
accordance with any city requirements regarding such trimming.
9. In all sections of the City where the City designates an area where all
presently above ground services are to be placed underground, the Grantee
shall place its wires underground on the same time schedule on the same
conditions that are applicable to the providers of other above ground services
in the designated areas.
10. The Grantee shall not allow its cable or other operations to intert'ere with
television receptions of persons not served by the Grantee.
11. Grantee shall, at its expense, protect, support, temporarily disconnect, relocate
on the same street, alley or public place, or remove from the street, alley or
public place, any properry of Grantee when required by the City by reason of
traffic conditions, public safety, sheet vacation, freeway and street construction,
change or establishment of the street grade, installation of sewers, drains,
water pipes, power lines, signal lines, and tracks or any other types of
structures or improvements by govemmental agencies when acting in a
govemmental or proprietary capacity. or other structure of public
improvement; provided, however, that Grantee shall in all cases have the
privilege to abandon any property of Grantee in place as hereinafter provided.
12. In the event that the use of any part of the system is discontinued for any
reason for a continuous period of twelve (12) months, or in the event such
system or property has been installed in any street or public place without
complying with the requirements of this Ordinance, or the rights granted
hereunder have been terminated, canceled or have expired, Grantee shall.
subject to the rights of the City to acquire or transfer the system as specified
in Section 14-0114 promptly remove all above ground facilities, wires, etc.
from the streets and public places other than any which the City may permit to
be abandoned in place. In the event of such removal, Grantee shall promptly
restore the street or other area from which said property has been removed to
a condition satisfactory to the City.
14-0 I 1 1. OWNERSHIP AND REMOVAL OF FACILITIES. Except as otherwise
agreed in writing at the time of installation, all cable and passive equipment for cable
television reception service installed by Grantee at a subscriber's location shall remain the
properfy of Grantee and Grantee shall have the right to remove said cable and equipment.
Grantee shall have the right, at any time, to disclaim any further ownership rights to the
interior wiring and the subscriber. Once such a notice is given, the interior wiring and any
equipment or fitting specified in the notice shall become the property of the subscriber
without any payment obligations on the part of the subscriber. Provided, however, the
Grantee shall have the right, when it is providing service to the premises, to use said interior
wiring and specified equipment without charge.
14-0112. ASSIGNMENT OF ORDINANCE. The Grantee shall not assign rights
obtained under this Ordinance to another person without prior approval of the City Council,
which approval shall not be unreasonably withheld. This provision shall not apply to
assignment of rights to a parent, subsidiary, or affiliate of the Grantee.
14-0113. DURATION AND RENEWAL OF ORDINANCE. The rights granted
to the Grantee herein shall, except as provided in this Section, terminate ten (10) years from
the effective date of this Ordinance which Ordinance shall be subject to renewal pursuant to
the provisions of the Cable Communications Policy Act of 1984, as amended, applicable to
new ordinances that are in the nature of a franchise. Pending final completion of renewal
proceedings, the Ordinance shall remain in effect even if the original ten (10) year term has
expired.
If this ordinance is not renewed, or if it is revoked for cause by the city, the transfer
of Grantee's system shall be governed by Section 627 of the Cable Communications Policy
Act ol 1984, as amended.
14-0114. ERECTION, REMOVAL AND COMMON USE OF POLES.
- There is hereby granted to the extent that the City is authorized to so do, the
right and authority to Grantee to lease, rent, or in any other manner obtain the
use of towers, poles, lines, cables, and other equipment and facilities from the
City and all other holders of public licenses and franchises within the
corporate limits of the City, to use such towers, poles, lines, cables and other
equipment and facilities, subject to all existing and future ordinances and
regulations of the City. It is the stated intention of the City that all other holders of public licenses and franchises within the corporate limits of the City shall cooperate with Grantee
to allow Grantee's joint usage of their poles and pole-line facilities whenever
possible or wherever such usage does not interfere with the normal operation
of said poles and pole-lines so that a number of new or additional poles
constructed by Grantee within the City may be minimized. The annual rental
for the use of City poles shall be set by the Council by resolution and separate
agreement.
No poles or other wire-holding structures shall be erected by the Grantee
without prior approval of the City with regard to location, height, type or any
other pertinent aspect, which approval shall not be unreasonably withheld.
However, no locations of any pole or wire-holding structure of the Grantee
shall be a vested interest and such poles or structures shall be removed or
modified by the Grantee at its own expense whenever the City Council or its
designated representative determines that the public convenience would be
enhanced thereby.
Grantee shall grant to the City, free of expense, joint use of any and all poles
owned by it for any proper municipal purpose acceptable to Grantee' insofar
as it may be done without interfering with the free use and enjoyment of
Grantee's own wires and fixtures, and the City shall hold Grantee harmless
from any and all actions, causes of actions and damages caused by the placing
of the City's wires or appurtenances upon the poles of the Grantee. Proper regard shall be given to all existing safety rules covering construction and maintenance in effect at the time of construction. If, in accommodating the City's joint use of their poles, Grantee is required to change or replace poles or install new poles, the City shall compensate for such additional expense.- Where a public utility serving the City desired to make use of poles or other
wire-holding structures of the Grantee but agreement therefore with the
Grantee cannot be reached, the Council may require the Grantee to permit
such use for such consideration as is just and reasonable and upon such terms
as the Council determines the use would enhance the public convenience and
would not unduly interfere with the Grantee's operations.14-0115. RATES.
1. Grantee shall at all times maintain a website a schedule setting forth rates and charges to be made to subscribers for basic cable service, including installation charges.
2. During the term hereof, and if required by the FCC, Grantee shall comply with the rate
regulations of the Federal Communications Commission.
3. The monthly rate set forth in the schedule filed pursuant to subsection 1 above shall be
payable in advance.
4. The Grantee shall not discriminate in rates between customers of the same category except to the extent permitted by the Cable Communications Policy Act of 1984, as amended, if applicable and Federal Communications Commission regulations.
14-0116. PAYMENT TO THE CITY.
1. Grantee will pay Franchising Authority a monthly franchise fee in the amount of three (3%)
percent of Grantee's Gross Revenues.
2. The franchise fee shall be payable monthly, together with a brief report showing the basis for
the computation.
3. The period of limitation for recovery of any franchise fee payable hereunder shall be three
(3) years from the date on which payment by Grantee is due.
"Gross Receipts" shall consist of those revenues derived from the monthly service charges paid by
the subscribers for basic cable service. Gross receipts shall not include revenues received as
installation charges, and fees for reconnections, inspections, repairs or modifications of any
installation, all state and federal taxes relating thereto, and pay services.
Notwithstanding the annual gross receipts fee or tax payable hereunder, if the Grantee is legally
obligated to collect or pay any sales tax or other taxes, the Grantee shall have the right to
charge the subscribers an additional amount equal to such tax.
14-0117. SERVICE TO CITY. The Grantee shall, subject to the line extension provisions of Section
14-0105, also provide to the City without charge, at two (2) City owned buildings within an area
served by Grantee and as amended from time to time, other than a hospital, nursing home, apartment or building at the airport, one junction terminal to said building and shall also furnish to the building, without charge, basic service to all sets connected within such building to the terminal junction.
Exhibit A shall provide a listing ofthe current two (2) locations which may be served
by Grantee under this Section.
14-0118. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
CHANNELS. If requested, the Grantee shall allocate one channel to the City as a public,
educational, or governmental access channel. Until such time as the city files a written
request with Grantee for fulltime use of the channel, Grantee shall have the right to use that
portion of the channel capacity that is not being used by the city. Grantee shall have a
reasonable period of time after notification to vacate its use ofthe channel.
14-0119. EMERGENCY USE OF FACILITIES. In the case of any emergency or
disaster, the Grantee shall, upon request of the Council, make available its facilities to the
City for emergency use during the emergency or disaster.
l4-Ol2O. MISCELLANEOUS. Grantee's legal, financial, technical, and other
qualifications, and the adequacy and feasibility of its construction arrangements, if any, have
been approved by the Council after consideration in a full public proceeding affording due
process to all interested parties.
14-0121. MODIFICATION OF OBLIGATIONS. In addition to any other
remedies provided by law or regulation, Grantee's obligations under this Ordinance may be
modified, at its request, in accordance with Section 625 of Cable Communications
Policy Act of 1984 as it now exists, or as hereafter amended, replaced, or superseded
by other Act of Congress.
14-0122. LIABILITY AND INDEMNIFICATION. Grantee shall. at times, keep
in effect the following types of insurance coverage:
I . Worker's Compensation upon its employees engaged in any maimer in the
installation or servicing of its plant and equipment within the City.
2. Properry Damage Liability insurance to the extent of one million dollars
($1,000,000) as to each occurrence and five million dollars ($5,000,000)
aggregate, and personal injury liability insurance to the extent of one million
dollars ($1,000,000) as to each occulrence and five million dollars
($5,000,000) aggregate.
3. The Grantee agrees to indemnify, save, and hold harmless and defend the City, its officers, boards, and employees, from and against any liability for damagesand for any lliability or claims resulting from property damage or bodily injury ( including accidental death), which arise out of the Grantee;s construction, operation, or maintenance of its cable system, including, but not limited to, reasonable attorney's fees and costs.
These damages or penalties shall include, but shall not be limited to, damages arising
out of copyright, infringements, and all other damages arising out of the installation,
operation, or maintenance of the cable television system authorized herein, whether or not any
act or omission complained of is authorized, allowed, or prohibited by this ordinance.
14-0123. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, or is superseded or preempted by FCC regulation, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity ofthe remaining portions thereof.
SECTION 2. Effective Date. This ordinance shall be in full force and effect from and after the date of its second reading and final passage. July 1,2024 effective date