RESOLUTION NO. 121-81 A RESOLUTION GRANTING A FRANCHISE TO Union Telecable Richard F. Buechel, ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE COUNTY OF MASON, OF WASliiNGTON, STATE SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING FOR COUNTY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM. Section l . following DEFINITIONS. terms, For the purpose of phrases, words, abbreviations, shall have the meaning herein given. context, words words used in the present this ordinance the and their derivations When not incdnsistent with tense include the future tense, in the plural number include the singular number, in the singular number th~ and words include the plural number. the~county (a) "County" shall mean of Nason. (b) "Cot:nniss ion" shall mean the Board of ~.!ason County Commissioners. (c) "Company" shall mean the grantee of rights under this ordinance. (d) "Person" association, shall mean any person, corporation, firm, partnership, company or organization of any kind. (e) "Franchise area" shall mean that area shown on the map or description attached as Exhibit 1. (f) "Street" shall mean the surface of and the space above and below any public street, highway, freeway, bridge, drive, lane, right of way, path, road, alley, ·court, sidewalk, parkway, communications or utility easement, now or hereafter existing as such within the franchise area. (g) "Property of company" shall mean all property owned, installed or used by the Company in the conduct of a CATV business in the County. --1- (h) "CATV" shall mean a cable television system as hereinafter defined. (i) "Cable Television System" posed of, lines, towers, vertors, wired without wave guides, equipment or for the and antenna, or any facilities, by television, from persons, system com- cables, wires, other conductors, designed, purpose of .producing, and distributing radio, limitation, shall mean a con- constructed or receiving, amplifying coaxial cable audio and/or visual electronic or electrical slgnals subscribers and locations in to the fran- chise area. " B as i c (j ) of CATV S e r v i c e " broadcast (k) s h a 11 me a n television signals by "Subscriber" t he d i s. t r i b u t i_o n the Company. shall mean any person or entity re- ceiving basic CATV service. (l) "Gross Annual Basic Subscriber Revenues" shall ' mean any and received directly ment regularly for annual taxes all compensation and other consideration on services of character, financial, due process, and observance of the right engage upon, and the \.Jbereas technical in part of a full city, state or the Company and the conditions and an d for any of-the Company's the faithful t hat pur pos e maintain public t o an-d street, n -L,- performance reservations hereinafter specified, the Co;:unission to the Company of operating and providing reconstruct, along CoJlli!lission has approved public proceeding af- in consideration of the business replace, across imposed and other qualifications and privilege is hereby granted by t he F r a n c h i s e /1. r e a repair, collected by the adequacy and feasibility construction arrangements as to and GRANT OF AUTHORITY. the Company and f9rding the Company any such governmental unit. Section 2. legal, by Gr:oss include on any subscriber or user by any unit in pay- basic CATV service. revenue shall not furnished other governmental the subscriber~ Company_from furnished basic subscriber directly for th~ by erect , a CATV system in i n s t a 11 , retain in, on, co ns t r u c t , over, under, public way and public place, now laid out or dedicated and all extensions thereto in the ducts, franchise area such poles, conduit vaults, manholes, thereof and additions wires, amplifiers, cable, appliances, and other property as may be necessary and appurtenant system; and facilities in addition, or properties or corporations Section 3. further not express conditions ~nd and provide similar the County jurisdiction over to do business in This Franchise is granted upon shall not in any manner prohibit final this Franchise shall from using of the same, repairs or changes take effect passage hereof and and shall continue in force the effective date of for an additional this and in no way prohibit their the full power and ~ights and effect for a here- 30 days from and after filing of acceptance by fifteen year period the kind or character with The franchise the Company term of 15 years after The franchise may be renewed franchise. following a full public pro- ceeding affording due process. Sect·ion 5. (a) All CONDITIONS OF STREET OCCUPANCY. transmission and distribution structures, equipment erected by the Company within so located as streets, to cause and to cause no the rights and reasonable convenience of property othe~ public ways and The CATV system shall be constructed and operated in pliance with all County, trical codes and no interference with the proper use of owners who join any of the said street_ or places. lines, the franchise area shall be and other public ways and places, interference with com~ State and National construction and elec- and shall be kept to in the same. and be in force upon upon, the said roads or affect 'TERM OF FRANCHISE. in granted shall the County. that i t shall not be deemed- or held them or any part to make all necessary -Section 4. and firms to any public utility or roads and public highways of any it may deem proper, the CATV from other persons, limited or permitted attachments, to from gianting other and further Franchises over, or prevent the operate, NON-EXCLUSIVE GRANT. along any of said that use, rented or leased be an exclusive Franchise, County to including but other grantee franchised the so conductors, current with new codes. The Company shall install and maintain its wires, cables, fixtures and other equipment in such manner that they will not interfere with any installations of the County or of a public utility serving the County. In all areas of the County where any cables, wires, or other like of public utilities are required to be or placed under- ~acilities ground, the Company shall place its cables, wires, or other like under~round facilities in conformance with permits issued by the County Engineer to the maximum extent existing technology reasonably permits. (b) The Company shall furnish to and file with the County EnFineer maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities. Such maps, plats, and permanent record~ furnished and filed with the County shall be updated on April l and October l by the Company. (c) In case of disturbance of any street, public way, or paved v1ay, or paved area, the Company shall irnrr:ediately, at its own cost and expense, and in accordance with County standards and specifications, replace and restore such street, public way, or paved area in as good a condition or better as before the work involving such disturbance '·Nets done. (d) If at any time during the period of franchise the County shall lawfully elect to alter or chanRe the grade of any street, sidewalk, alley, or other public way, the Company upon notice ~Y the County shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense and in compliance with County standards and specifications. (e) The Company shall, on the re~uest of any person holding a building moving permit issued by the County, .temporarily move, raise, or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment, in advance. The Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes and should meet current height restriction requirements. -4- r1D,r-rL l_ (f) • With County approval, the Company shall have the authority to tr~ trees upon and overhanging streets and public ways and places of the franchise area so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company and shall be responsible for debris removal from such activitie9, except that, at the option of the County, such trimming may be done by it or under its supervision and direction at the expense and liability of the Company. (g) The Company shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street-or other public place, any property of the Company when required by the County by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the Company shall in all such cases have the rights and obligations of abandonment of property of the Company, subject to County ordinance. (h) The County shall have the right to make additional use, for any public or municipal purpose, of any poles or conduits controlled or maintained exclusively by or for the Company in any street, provided such use by the County does not interfere with the use by the Company. The County shall indemnify and hold harmless the Company against and from any and all claims, demands, causes of actions, actions, suits, proceedinf'"S, dams.ges, costs or liabilities of every ~hatsoever (i) arisin~ l~ind and nature out of such use of Company's poles or conduits. In the maintenance and operating of its transmission and distribution system in the streets, alleys and other public places, and the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least inconvenience to the general public; any opening or obstruction in the streets or other public places made by the Company in the course of its operations shall be guarded and protected at all times by the placement of adequate -5- D_lt n;~ L barriers, fences, or hoardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by warning lights, in accordance with the Manual of Uniform Traffic Control Devices. Section e. (a) SAFETY REQUIREMENTS The Company shall, at all times, employ professional care and shall install and maintain in use commoply accepted methods and devices for preventing failures and accidents which are likely to cause damage, (b) injuries, or nuisances to the public. All structures and all lines, equipment and connection in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, whereever situated or located, shall at all times be kept and maintairred in a safe, suitable condition, and in good order and repair. (c) The County reserves the general right to see that the system of the Company is constructed and maintained in a safe condition and if an unsafe condition is found to exist, to order the Company to make necessary repairs and alterations forthwith, and if the Company shall fail to make the necessary repairs and alterations, the County may rnake them or have them made, and collect all cost and expense thereof from the Company. Section 7. (a) SYSTEM CONSTRUCTION The distribution system of the Company to be hereafter installed shall not be abandoned ·either in whole or part without- the consent of the Commission. In the event of the failure of the Company to commence construction of the system within sixty days after the enactment of this resolution and the securing of the pole franchise with owners, or in the event of the failure of the Company to render community television service to the franchise area and the inhabitants thereof, as contemplated and provided for by this resolution within a period of one year from the effective date of this resolution, the Commission shall have the right, on reasonable notice to the Company, to declare this resolution and the rights and franchise granted thereunder forfeited provided; however, failure to comply with these terms by reason of circumstances beyond the reasonable control of the Company which could not be anticipated at the time of the -£- acceptance of its terms by the Company, shall not be sufficient grounds to declare a forfeiture. (b) Company, whenever it shall receive a request for service from at least ten subscribers within 1320 cable feet of its trunk cable, shall extend its system to such subscribers at no cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible. The 1320 feet shall be measured in extension length of Company's cable required for service located within the public way or easement and shall not include length of necessary service drop to the subscriber's home or premises. (c) No person, firm, or corporation in the Company's service area shall be arbitrarily refused service. However, in recognition of the capital costs involved, for unusual circumstances, such as requirement for underground cable, or more than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten subscribers per 1320 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, service may be made available on the basis of cost of materials, labor, and easements. Section 8. (a) OPEnATION STANDAPDS The Company shall operate and maintain its cable television system in full compliance with the standards set forth by the Federal Communications Commission. (b) Installations shall be maintained so as not to interfere with TV reception already in existence. (c) 6 --- viewing channels shall be furnished as a minimum; educational channels are included as part of the minimum. (d) Installation and maintenance of equipment shall be such that standard color signals shall be transmitted to any subscriber receiver. (e) Additional viewing services shall be reviewed by the Commission upon request by the Company and the Commission shall have the right upon review to request and require additional viewing service of the Company. Section 9. LOCAL OFFICE; COMPLAINTS The Company shall maintain a local business office or agent which -T- subscribers may telephone during regular business hours without incurring added message or toll charges, so that complaints regarding cable television operations may be promptly reported to the Company. Should a subscriber have an unresolved complaint regarding cable television operations, the subscriber shall be entitled to file his complaint with the County Auditor, and thereafter to meet jointly with a representative of the Commission and a representative of the Company within thirty (30) days to fully discuss and resolve such matters. The Company shall notify each subscriber, at the time of initial subscription to the service of the Company, of the procedures for reporting and resolving such complaints. Section 10. RATES From time to time the Company may seek approval of the Commission for a rate increase; provided, however, that any rate increase submitted by the Company for Commission approval will become effective automatically within sixty (60) days of submission, unless the Commission after review of all relevant material in an appropriate public hearing affording due process finds the proposed increase is unreasonable. Rates approved shall remain in effect for not less than twelve (12) calendar months after the effective date. Subject to these procedures, the Company may pass along to subscribers such additional fees as may be imposed on it, including but not limited to direct taxes, copyright fees, and permit fees. The determination of the Company's rates shall be subject to the rules and regulations of any state or federal authority which may subsequently, by due process of law, acquire jurisdiction over this type of industry or enterprise. -8- PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. Section 11. The Company shall not as to rates, rules, charges, service facilities~ regulations or in any other respect make or grant any prefer- ences or advantage to any person nor subject any person to any prejudice or disadvantage, be deemed and provided that nothing in this franchise shall to prohibit the establishment of a graduated scale of charges classified rate schedules to which any customer coming within such classification would be entitled, ~ay and service charges and provided further that connection be waived or modified during promotional cam- paigns of Company. Installation and housedrop hardware shall be uniform throughout the County, except that the Company shall be free to change its hard- ware and installation procedure as the art progresses. FRANCHISE PAYMENTS. Section 12. The Company shall pay to the County on or before March 31 of each year, 3 a % franchise fee based on gross annual basic subscriber revenues received for cable television operations in the Franchise Area for the preceding calendar year. Sales tax or other taxes levied directly on a per subscription basis and collected by the Company shall be deducted from the gross annual basic subscriber revenues before computation of sums due the County, is made. The Company shall provide an annual summary report showing gross annual basic subscriber revenues received during the preceding year. Payment shall be made on or before the 16th day of January, April, July and October of each year of the sum due hereunder for the proceeding quarter. The above rental percentum may be renegotiated by either the County or other party thirty the grantee giving the (30) days written notice requesting a meeting for such renegotiation. Section 13. (a) INDEMNIFICATION OF COUNTY. The Company shall indemnify, protect and save harmless the -9- ----~~ _k k ~*· ' I • · - ·· 1 ¢JWti81iiDPki Q "' . ---·--·------- -·---- ·--~------------- County from and against losses and physical damages to property, bodily injury or death to persons, workmen's compensation law, the erection, maintenance, and including payments made under any which may arise out of or be caused by presence, ments or poles within the County, use or removal of said attach- or by any act of the Company, agents or employees and will defend its the County against any and all actions which may be brought against the County as a consequence thereof. the The Company shall carry insurance to protect Company from and against all claims, costs, expenses, and such loss, than to any one accident and not less directly injury or damage. one million --------------------------- than aggregate in any single policy year; bodily injury or as judgments, The such insurance against liability due to physical damage to property shall not be less dollars as actions, liabilities which may arise or result, or indirectly from or by reason of amounts of demands, the County and one million -------------------------- dollars and against liability due to to death of persons not less than to any one person and not less to any one accident. dollars as than one million ---------------------one million ------------------------- The Company shall also ·dollars carry such insurance as it deems necessary to protect it from all claims under any workmen's compensation laws in effect that may be applicable to Company. in full the All insurance required by this agreement shall be and remain force and effect for the entire life of this agreement. Said policy or policies of insurance or a certified copy or copies thereof shall be approved by the Mason County Prosecuting Attorney and then deposited with and kept on file by the County Auditor. (b) It is understood that tractor and is not an agent of the of the Company is an independent conthe County, Company in the performance of and all personnel used by this franchise the Company and not of the County, shall be employees and shall have no claim against the County for compensation or other benefits available to employees of the County. (c) shall At the time this franchise becomes effective, furnish a bond to the County in the amount of the Company ten thousand dollars in such form and with such sureties as shall be acceptable to the County, guaranteeing the payment of all sums, which may at -10- any time become due from the Company to the County under this franchise vided (except such sums as are covered by the in section a), of all (a) the performance terms of this franchise. PROCEDURES. Any inquiry, taken or proposed proceeding, to be investigation or other action to taken by the County in regard erations of Company's cable television system, regard to a change in subscription rates, thirty (30) days public notice of served directly on Company; tunity terms of insurance pro- guaranteeing the faithful the obligations of the Company under Section 14. be and further the and, to the op- including action in shall be taken only after such action or proposed action is the Company has been given an oppor- to respond or comment in writing on the action or proposed action. (b) The public notice required by this section shall state clearly the action or proposed action for response to be taken, the time provided and the person or persons in authority responses should be addressed, and such other procedures as may be specified by the Commission. If a hearing is to be held, shall give the date and time of pation will be allowed and to whom such such hearing, the public notice whether public partici- the procedures by which such participation may be obtained. The Company shall be a necessary party to any hearing conducted in regard Section 15. to its operations. PROCEDURE UPON TERMINATION. Upon expiration of the franchise, acquired an extension or renewal have and it is hereby granted, and public ways of the County, any or all of its property. if thereof and accepted the right for the Company shall not have the same, it may to enter upon the streets, the purposes of removing therefrom In so removing said property the Company shall refill, at its own expense, any excavation that shall be made by it, and shall leave said streets and public ways and places in as good condition or better as prior to the Company's removal of Section 16. other its property. APPROVAL OF TRANSFER. The Company shall not sell or another, that prevailing than a transfer its plant or system to parent company or a wholly-owned subsidiary -11- of the Company, nor transfer any rights under this Provided, another without Commission approval. transfer shall be effective until filed in the office of reciting the fact terms of the franchise thereof. rights that no to sale or assignee or lesee has the County Auditor an instrument duly executed of such sale, assignment and agreeing or lease accepting to perform all the the conditions Such Commission approval will not be unreasonably withheld and neither preclude the vendee, franchise this Section nor other Sections of the mortgaging, in the system, or hypothecating, the pledge of or this franchise shall the assignment of certain stock by the Company for the purpose of financing. Section 17. It shall be NEW DEVELOPMENTS. the policy of franchise upon application of the Company to the County liberally to amend the Company, this when necessary to enable take advantage of any developments in the field transmission of television and radio signals which will afford opportunity more effectively, of it an efficiently or economically to serve its customers. Section 18. (a) MISCELLANEOUS PROVISIONS. When not otherwise prescribed herein, all matters herein required to be filed with the County shall be filed with the County Auditor. (b) The Company shall assume the cost of public~ttion franchise as such publication is required by law. of this A bill for publication costs shall be presented to the Company by the County Auditor upon the Company's filing of acceptance and shall be paid at that time. (c) Company, In consideration of the granting of this franchise to the ~s aforesaid, the Company will furnish ~ithout installation charge or monthly service fee, a single-outlet to any of the County ~epartmental offices within the service area of the Company, if and when requested to do so; but such outlets shall not exceed an aggregate total of ten. (d) In consideration of the granting of the franchise to the Company as aforesaid, the Company will furnish without installation charge or monthly service fee a single outlet to any public schools, public hospitals, and County-sponsored social service arencies ~ithin the service area of the Com:pany if and v.rhen recr~1ested to do so. (e) In the case of any emergency or disaster, the Company shall, upon the request of the County, make available its facilities to -12- ~. 1 r the County for emergency use during the emerv,ency or disaster period. (f) of The County shall have access at all reasonable hours to all the Company's plans, cial, statistical, erty and accounting, finan- customer and service records relating to the prop- the operation of the Company and to all other records required The following report shall be filed with the to be kept hereunder. Clerk of contracts and engineering, the County Board and in the local office of the Company: Gross Revenue. An annual summary report showing gross revenues received by the Company from its operations within the County during the preceding year and such other information as the County shall request with respect to properties and expenses related to the Company's service within the County. Section 19. COMPLIANCE WITH APPLICABLE PROVISIONS, LAWS AND ORDINANCES. (a) The Company shall at all times during franchise be subject the County. to all lawful exercise of The County reserves the right the life of this the police power by to adopt from time to time in addition to the provisions herein contained such ordinances as may be deemed necessary to the exercise of police power. regulation shall be reasonable and not destructive Such to the rights herein granted and not in conflict with the laws of the State. (b) Upon failure of the Company to comply with any of the provisions or conditions hereof, vice of notice within thirty (30) days after ser- to comply with any such provisions, conditions, tions or limitations, made and served by order of the Company, restric- the Commission upon the Commission may declare by resolution and enforce an immediate forfeiture of Section 20. this franchise. FEDERAL REGULATION. Any modification resulting from amendment of Section 76.31 ("Franchise Standards") of the Rules and Regulations of Communications Commission shall be incorporated as of the Federal into this franchise the date such modifications become obligatory under FCC regu- lations, or in the event no obligatory date is established, within one year of adoption or at the time of franchise renewal, occurs first. -13- whichever RuL Section 21. SEVERABILITY. Should any section, declared invalid by a validity of court of record, the same shall not affect the the resolution as a whole or any part the part so declared Section 22. (a) clause or provision of this resolution be thereof, other than invalid. EFFECTIVE DATE. This resolution shall take effect and be in force days from and after its passage, subject thirty (30) to acceptance by the Company within said 30 day period. This resolution shall be null and cvoid (b) shall within thirty cation, (30) days after its passage, unless the Company approval and publi- file with the County Auditor its written acceptance of all terms and conditions hereof. PASSED, ADOPTED AND APPROVED this ATTEST: Clerk of 28thday of --~S~e=p~t~e~m~b~e~r~__ ; 1981. MASON COUNTY BOARD OF COMMISSIONERS the Board APPROVED: Accepted by: APPROVED AS TO FORM: ~1·~~ Union Telecable (' u~ <LZ~ Title -14- v EXM:IBIT I "Franchise Area" Township 21 Range 3 West, W. M. :A. Sections 1 , North, 2, 3, 4, 5 , 6 , 7 , 8, 9 ;!. Township 21 North, Range 4 West, W. M. Sections 1 and 12 l' Township 22 North, Range 2 West , W. M. Sections 30 and 31 '8\ DEC 30 M-\ 9: Z8 i\EO'JE ST CF KuL 284 rr.
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