Cable TV Ordinance - Authorizing County to Give Franchise

Cable TV Ordinance - Authorizing County to Give Franchise
C 0 U N T Y
M A S 0 N
0 R D I N A N C E
N 0
AN ORDINANCE SETTING FORTH PROCEDURES FOR PROCESSING OF A?PLICATIONS FOR CABLE TELEVISION FRANCHISES.
WHEREAS,
the Board of County Commissioners of Mason County,
State of Washington,
for
recognizes the desireability of cable television
the enjoymant and benefit of the residents of the County;
WHEREAS,
the County is authorized to grant franchises for cable
television by Chapter 36.55 RCW;
WHEREAS,
and,
and,
certain statutory requirements in the granting of tele-
vision cable franchises must and should be defined;
NOW THEREFORE IT IS ORDAINED BY THE BOARD OF MASON COUNTY
COMMISSIONERS
(hereinafter referred to as the Board) as follows:
APPLICATIONS FOR FRANCHISE
Section 1.
(A)
An application to the Board for a franchise
to use the right of
\vay of county roads for tha construction and maintenance of a cable
television system in an unincorporated part or parts of the County:
(1)
tion,
~lay
be made by any person or private or municipal corpora-
or
(2)
The Board may,
by advertisement or any other Tieans,
solicit
and call for applications for cable television systems franchises,
and may determine and fix any date upon or after which the saue
must be received,
be received,
or the date after which the same shall not
and may make any other determinations and specify
any other times,
the soliciting,
terms,
conditions or limitations respecting __
calling for, making and receiving of such app-
lications.
(3)
Application by a person or private or municipal corporation
as in (1)
above shall not preclude advertisement by the Board
as in (2) above for a franchise in the
(B)
s~me
area or areas.
Each application for a franchise to construct, operate or main-
tain any cable television systems in this County shall be filed with
the County Auditor and shall contain or be accompanied by the following:
(1)
The name,
address and telephone number of the applicant;
- l-
(2)
A detailed statement of the corporate or other busines
entity organization of
to
the applicant,
including but not limited
the following:
(a)
The names,
officers,
(b)
directors and associates of
The names,
officers,
residences and business addresses of all
the applicant.
residences and business addresses of all
persons and
entities having,
controlling or
being entitled to have or control of 5% or more of
ownership of
the applicant and
the
the respective ownership
share of each such person or entity.
(c)
The names and addresses of any parent or subsidiary of
the applicant,
controlling
namely any other business entity owning or
the applicant
controlled in whole or
statement describing
in whole or in part or owned or
in part by the applicant and a
the nature of any such parent or
sidiary business entity,
including but not limited
sub-
to cable
television systems owned or controlled by the applicant,
its parent and subsidiary and
(d)
the areas served
thereby.
A detailed description of all previous experience of
the applicant in providing cable television system service
and
in related or similar fields.
(e)
A detailed and complete financial
applicant,
the
or a
the date of
forth
letter or other acceptable evidence
to both the applicant and the Board,
the basis for a
for
the applicant
from a recognized lending institution or funding
addressed
the
prepared by a certified public accountant,
fiscal year next preceding
hereunder,
statement of
in writing
source,
setting
study performed by such lending
institution or funding
source,
and a clear statement of its
intent as a lending institution or funding
source to pro-
vide whatever capital shall be required by the applicant
to construct and operate the proposed
or a
statement from a
system in the County,
certified public accountant,
that the applicant has available sufficient free,
uncommitted cash resources
-2-
certifying
net and
to construct and operate the
proposed
(f)
system in this County.
A statement identifying by place and date any other
cable television franchise(s)
parent or subsidiary;
respect
the status of said franchise(s)
to completion thereof;
pletion of such system(s);
and
awarded to the applicant,
and
the
its
with
total cost of com-
the amount of applicant's
its parent 1 s or subsidiary's resources committed
to
the completion thereof.
(C)
A detailed description of
the proposed plan of operation of the
applicant which shall include but not be limited
(1)
to the following:
A detailed map indicating all areas proposed
and a proposed time schedule for
to be served,
the installation of all equip-
ment necessary to become operational throughout the entire area
to be served.
(2)
A statement or schedule setting forth all proposed classi-
fications
of rates and charges to be made against subscribers
and all rates and charges as to each of said classifications,
including installation charges and
(3)
A statement of the particular channels
to be provided for
(4)
service charges.
A detailed,
(no less than five)
subscribers.
informative and referenced statement describing
the actual equipment, orerc<tion8l stc:mdoTds, 2.r.d channel caracitv
proposed by arclicant.
(5)
A copy of
the form of
instrument proposed
any subscriber.
addition,
form,
(6)
che agreement,
undertaking or other
to be entered into between the applicant and
Such proposed agreement shall be by completion,
or deletion of
the County's cable television franchise
available from the County Auditor.
A detailed statement setting forth in its entirety any and
all agreements and undertakings,
written,
oral or implied,
whether formal or informal,
existing or proposed to
the applicant and any person,
exist between
firm or corporation which materially
relate or pertain to or depend upon the application and the granting of
the franchise.
-3-
(D)
An application fee in the sum of
$250 to pay
the costs of study-
ing,
investigating and otherwise processing such application,
and
which shall be in consideration thereof and not returnable or refundable in whole or in part,
except to the extent that
such fee exceeds
the actual costs incurred by the County in studying,
and otherwise processing the application;
cant who
shall deliver
provided,
investigating
that the appli-
to the County Auditor a written withdrawal or
cancellation of any application hereunder not later than the seventh
day next following
the day such application is received by the County
Auditor shall be entitled
to have returned and refunded
the sum of
$150 less any actual costs or expenses incurred by the County by
reason of such application.
(E)
Upon receipt of any application for
refer the same
to
franchise,
the Board shall
the Community Development Coordinator; '.vho shall prepare a
report and make his recommendations respecting such application and
cause the same to be completed and filed with the Board.
(F)
In making any determination hereunder as to any application the
Board may give due consideration to the quality of
posed,
the number of channels
income to
the County,
resp~nsibility
technical and
to be provided,
experience,
character,
rates to
subscribers,
background and financial
of any applicant and its management and owners,
performance quality of equipment,
willingness and ability
to meet construction and physical requirements and
conditions,
the service pro-
franchise
to abide by policy
limitations and requirements and any other con-
siderations deemed pertinent by the Board for
ests of the County and
the public.
safeguarding the
The Board,
inter-
in its discretion,
shall determine the award of any franchise on the basis of such
considerations and without competitive bidding.
(G)
the
If the Board shall determine
following
(1)
shall be done:
The Board shall decide and specify the
of any franchise
(2)
to further consider the application,
terms and conditions
to be granted hereunder and as herein provided.
The Board shall pass a resolution of intention to consider
the granting of
application,
such franchise,
giving notice of receipt of
and describing the character of
-4-
the franchise
the
desired,
stating the name of
of the franchise,
franchise
the proposed grantee,
the terms and conditions upon which such
is proposed to be granted,
posed franchise may be obtained at
Auditor,
that copies of the pro-
the office of
fixing and setting forth a day,
the County
hour and place
when and where any persons having any interest
jections to
the character
c~rtain
therein or ob-
the granting thereof may appear. before the Board
to
be heard.
(3)
The County Auditor shall give public notice by posting a
notice in three public places in Shelton at least fifteen days
before
the day fixed
for
the hearing and also shall publiah
~he
notice no less than five days before the hearing date in a newspaper of general publication in the County.
The notice shall
state the name or names of
a description of
the applicant(s),
county roads by reference to
section,
township,
and range in
which the county roads or portions thereof are physically
located,
the area(s)
to be serviced by the franchised
vision cable and the time and
Section 2.
(A)
the hearing.
GRANTING/DENIAL
In granting a cable
in addition to
place of
tele-
television franchise,
the other requirements of
the Board
this Ordinance,
is bound,
by the
following:
(1)
The grantee shall be liable to the county for all neces-
sary expense incurred in restoring the county road or public
right-of-way to its original or better condition for travel or
other purposes.
(2)
No franchise shall be granted for a period of longer than
fifteen ( 15) yec1rs.
(3)
No exclusive franchise or privilege shall be granted.
(4)
The facilities of
expense
it is
to
to
the grantee shall be removed at his
some other location on such county road
be constructed,
primary state highway and
for
(B)
At
the construction,
altered,
or improved or becomes a
such removal is reasonably necessary
alteration,
or improvement
the hearing or at any adjournment
make one of
in the event
the following determinations:
-5-
thereof,
thereof.
the Board
shall
(1)
That such franchise be denied;
(2)
That
or
such franchise be granted upon the
terms and conditions
as specified in the resolution of intention to grant
(3)
That such franchise be granted,
conditions different from
intention to grant
(C)
If
those
but upon the
the
same;
or
terms and
specified in the resolution of
the same.
franch~se
the Board shall determine that a
be denied,
such
determination shall be expressed by resolution and shall be final
and conclusive.
If
the
the Board shall determine that a franchise be granted upon
terms and conditions as specified in the resolution of intention
to consider granting the same,
by resolution granting a
such determination shall be expressed
franchise
to
the applicant.
If the Board shall determine upon granting a franchise upon
terms and conditions different from those
of intention to
specified in the resolution
consider granting the same,
then such determination
shall be expressed by resolution.
(D)
The grantee shall pay to the County a
sum of money sufficient
to reimburse it for all publication expenses incurred by it in
connection with the granting of a franchise pursuant to the provisions
of
this Ordinance.
the County furnishes
Such payment shall be made within 30 Jays after
the grantee with a written statement of such
expenses.
(E)
The Board shall cause to be recorded with the County Auditor a
complete record of all existing franchises upon the county roads of
its county and the Auditor shall keep and maintain a currently correct
record of all franchises existing or granted with the information
describing the holder of
the franchise,
the purpose thereof,
portion of county road over or along which granted,
granting,
term for which granted,
the
the date of
and date of expiration,
and any
other information with reference to any special provisions of such
franchises.
-6-
PENALTIES.
Section 3.
(A)
Any person or private or public corporation which installs,
operates,
or maintains a
television cable system wihtout obtaining
a franchise from the Board according
taps
to
this Ordinance or anyone who
into or otherwise obtains the services of a properly franchised
television cable system shall be guilty of a gross misdemeanor punishable by a maximum of one year in the County jail or by a fine of a
maximum of $1000,
Section 4.
or by both.
SEVERABILITY.
Each section,
subsection,
or other portion of this ordinance
shall be severable and the invalidity of any section,
subsection or
other portion shall not invalidate the remainder.
Read first
meeting of
and
time and ordered published at an adjourned regular
the Commission held on the
to come up for
1;'Sth day of
second reading and final
meeting of the Commission to be held on the
1980,
at the hour of
PASSED,
SentE:P-lber
passage at a
29th
day of
198 0
regular
Se~tEl.l!ber
11:00 c'~.m.
ADOPTED AND APPROVED THIS
?Sth
day of
Septer.1ber
-----'
l9 8 0 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
-----·
Auditor & Clerk of
the Board
APPROVED:
~--7
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JLr-~
?:fttyl-in~,v~-
APPROVED AS TO
),
'~x<~~
(
)'!ember
FORM[~!
Member
\iD v&X 'lli!A_
~ecuting Attorney
\
~c:
Omrrs
Auditor
Engineer
Drosecutor
-7-
(/-+-----------
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