Title 25 · Chapter 25 - FRANCHISES FOR CABLE COMMUNICATIONS

Chapter 25 - FRANCHISES FOR CABLE COMMUNICATIONS

Section: 25

Sec. 24.33. - Additions to NFPA 1, Chapter 65 Explosives, Fireworks, and Model Rocketry. Chapter 26 - FRANCHISES Chapter 25 - FRANCHISES FOR CABLE COMMUNICATIONS[1]

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Editor's note— Ord. of 1-10-1977, § 1, repealed former ch. 25, relative to food and food establishments. Said chapter was derived from Code 1948, §§ 36.01—36.27; Ord. of 3-2-1949; Ord. of 5-14-1949; Ord. of 5-15-1961, § 1; Ord. of 5-23-1966; and Ord. of 12-11-1967, § 1.

ARTICLE I. - SHORT TITLE AND PURPOSES OF THE CHAPTER

Sec. 25.1. - Short Title.

This Chapter shall be known as the Orlando Cable Communications Franchise Ordinance.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.2. - Purposes and Intent.

The purpose of this Chapter is to:

Provide for the franchising of Cable Television Systems within the City of Orlando; and

Provide for the regulation of the use and occupancy of City streets and other Public Ways in the construction, maintenance, operation, repair and upgrade of Cable Television Systems, and, to the fullest extent permitted by law, require the City be compensated for costs associated therewith; and

Provide remedies and prescribe penalties for violation of this Chapter and the Franchise(s) granted hereunder.

The intent of the City Council of the City is:

To enact an ordinance to comply with, and enable the City to exercise its full authority to act under and in a manner not inconsistent with, the Cable Act and the FCC rules and regulations promulgated for the implementation thereof; and

That this ordinance be construed and interpreted in accordance with the provisions of the Cable Act and FCC rules and regulations; and

That this ordinance authorize the franchising and regulation of Cable Television Systems and services only. All other communications systems and services provided through use of the City's Public Ways must be authorized pursuant to a separate ordinance or other authorization of the City; and

That each cable operator granted a Franchise hereunder be bound by this ordinance and all other provisions mutually agreed to in any Franchise Agreement entered into pursuant hereto. It is further intended that the provisions of the Franchise Agreement may exceed the requirements of this ordinance and may address issues not contained herein, provided that such provisions are mutually agreed to, are not inconsistent with this ordinance and are not prohibited by federal law.

(Ord. of 9-23-1996, Doc. #29666; Ord. of 8-13-2001, § 4.1, Doc. #34000)

ARTICLE II. - DEFINITIONS

Sec. 25.3. - Definitions.

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. Words not defined herein shall have the meaning ascribed to them in Title 47, Section 522, of the United States Code, as amended from time to time. Where any inconsistencies may arise, the definition assigned by the United States Code shall be controlling. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine gender. The word "shall" is mandatory and not merely directory.

Access Channel means a Channel or Channels the programming of which is provided by groups or members of the public, educational institutions, or the government, and is retransmitted by the Grantee.

Activated Channels means those Channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services are actually provided, including any channel designated for public, educational, or governmental use.

Basic Cable Service means any service tier which includes the retransmission of local television broadcast signals and any equipment or installation used in connection with Basic Cable Service.

Cable Act means the Communications Act of 1934, 47 U.S.C. §§ 151—611, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and including any further amendments made thereto.

Cable Channel or Channel means a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video signal, an audio signal, a voice signal, or a data signal.

Cable Service means (1) the one-way transmission to subscribers of video programming or other programming service, and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable Television System or Cable Communications System or System or Cable Television or CATV means any facility, all or a portion of which is located in the City, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide Cable Service to Subscribers, but such term does not include:

(1)

a facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2)

a facility that serves Subscribers without using any Public Way(s);

(3)

a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of the Communications Act of 1934, except to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(4)

an open video system that complies with 47 U.S.C. § 573; or

(5)

any facilities of an electric utility used solely for operating its electric utility systems.

City or City of Orlando means the Mayor or the City of Orlando, Florida and the incorporated city limits thereof.

Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.

Council or City Council means the City Council of the City of Orlando.

Designee means the person or department, chosen by the Mayor to act in matters related to cable television.

Fair Market Value means the price that a willing buyer would pay to a willing seller for ownership of the Cable System determined on the basis of the Cable System valued as a going concern but with no value allocated to the Franchise itself.

Federal Communications Commission or FCC means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.

Franchise means the non-exclusive rights granted hereunder to construct, operate, maintain, repair and upgrade a Cable Television System in or along the Public Ways in the City, or within specified areas in the City, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the City as may be required by other ordinances and laws of the City.

Franchise Agreement means the agreement between the City and the Grantee which shall incorporate the provisions of this Chapter 25, shall evidence the award of a cable television Franchise and the grant of permission for the use and occupancy of the Public Way for the placement, construction, operation, maintenance and repair of a Cable Television System, and shall consist of all other terms and conditions with respect thereto, not inconsistent with the provisions of the Cable Act as the same may be amended from time to time, together with all attachments, appendices, and amendments to such agreement.

Franchise Area means that portion of the City for which a Franchise is granted under the authority of this ordinance. The Franchise Area may be the corporate limits of the City as they may from time to time be redrawn or a portion thereof.

Grantee means the Person granted a Franchise by the City pursuant to this Chapter who has entered into a Franchise Agreement, including its directors, officers, employees, agents and any lawful and approved successors and assigns.

Gross Revenues means all revenues derived from the operation of a Cable Television System, franchised pursuant to this Chapter 25, by the Grantee, its affiliates, subsidiaries, parents, and any Person in which the Grantee has a financial interest, in order to provide Cable Service; provided, however, that revenues of an affiliate, subsidiary, parent or Person in which Grantee has a financial interest shall not be Gross Revenues to the extent they are derived from direct payments by the Grantee to them in exchange for services used in the operation of the System and represent an operating cost to the Grantee. Gross Revenues include, but are not limited to, revenue earned from (1) subscriber fees for basic service; (2) subscriber fees for any tier of service other than basic service; (3) installation, disconnection and reconnection fees; (4) late fees; (5) leased channel or leased access fees; (6) revenues from converter, remote, modem or other equipment sales or rentals; (7) revenues from advertising; (8) charges for any optional, premium, per-program, per-channel and pay TV services; (9) internet connection and service, data and other electronic transmission service to the extent the Cable Act permits the Grantee to provide such services as Cable Service; (10) home shopping programming and services; (11) interactive or two-way communication services, not including interactive on-demand services, provided through the System for the selection or use of video programming or other programming service; (12) the Grantee's leasing out of fiber optic or coaxial facilities within the Public Way; and (13) any of the foregoing revenues earned by Grantee's parent company, if applicable, which are allocated locally and not already included within the revenues derived from the operation of the System by the Grantee; provided, however, that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any Subscriber or user by the State, local or other governmental unit and collected by the Grantee on behalf of said governmental unit and shall not include revenues from the sale or rental of promotional items or general merchandise which is not utilized in the System. If the Grantee directly bills Subscribers for amounts to be paid to leased access programmers for the provision of services on the System, then any portion of such amounts billed that is retained by the Grantee shall be considered Gross Revenues. Gross Revenues shall be determined in accordance with Generally Accepted Accounting Principles and include all revenues earned by the Grantee as previously described.

Interactive On-Demand Services means a service providing video programming to Subscribers over switched networks on an on-demand, point-to-point basis, but does not include services providing video programming prescheduled by the programming provider.

Mayor means the Chief Executive Officer of the City of Orlando.

Net Profit means the amount remaining after deducting from Gross Revenues all of the actual, direct and indirect, expenses associated with operating the Cable Television System including the franchise fee, interest, depreciation, and Federal or State income taxes.

Person(s) means an individual, partnership, association, affiliate, company, joint stock company, firm, trust, corporation, government body or other legally recognized entity.

Public Way means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, or other public right-of-way, including public utility easements or rights-of-way, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's Cable Television System.

Schools means all public or private tax-exempt educational institutions, including elementary and secondary schools, community and junior colleges, colleges and universities.

State-of-the-Art means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; construction techniques; customer service; facilities, equipment, systems and operations; and performance standards) which has been developed and demonstrated in the cable industry to be workable and economically and technically feasible and viable from time to time throughout the term of the Franchise.

Subscriber means any Person who receives the regular subscriber service and/or any one or more of such other services as may be provided by the Grantee's Cable Television System and does not further distribute such service(s).

AA.

User means a Person utilizing a System channel or System equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a Subscriber capacity.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 12-20-1993, Doc. #27118; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, §§ 2.1, 2.2, Doc. #33439; Ord. of 8-13-2001, § 4.7, Doc. #34000)

ARTICLE III. - GRANT OF AUTHORITY

Sec. 25.4. - Requirement for an Award of a Franchise.

No Person shall construct, install, maintain or operate a Cable Television System within the City on any public property of the City, unless a Franchise has first been obtained pursuant to the provisions of this Chapter, and unless such Franchise is in full force and effect. Such Franchise shall not take the place of any other license or permit which may be legally required of the Grantee in order to conduct such a business. This requirement of first obtaining a Franchise applies regardless of whether the facilities of a Cable Television System in the Public Way are to be owned or leased by the proposed cable operator.

After receiving application for a Franchise, the City, after considering the legal, financial, technical and character qualifications of the applicants, may grant one or more non-exclusive Franchises creating a right to construct, operate, maintain, repair and upgrade a Cable Communications System within the Public Ways of the City. Franchise(s) may be granted to the applicant(s) which in the City's judgment will serve the public interest; provided, however, no provision of this ordinance shall be deemed or construed as to require the City to grant a Franchise.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.5. - Franchise Applications.

The application for a Cable Television Franchise shall be submitted to the Mayor or Designee, on a written form, in accordance with procedures and schedules to be established by the City. Each such application shall set forth, contain, or be accompanied by the following:

The name, address and telephone number of the applicant.

A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to the following:

The names and residence addresses of all officers, directors, and partners or business associates of the applicant.

The name, residence addresses and business addresses of all persons and entities having controlling, or being entitled to have or control five percent (5%) or more of the ownership of the applicant and the respective ownership share of each such person or entity.

The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, all Cable Television or similar systems owned or controlled by the applicant, its parent or subsidiary and the areas served thereby.

A detailed and completed 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 responsible lending institution or funding source, addressed to both the applicant and the City, setting forth the basis for a study performed by such lending institution or funding source, and 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. Additionally, a bond in an amount to be determined by the City shall be provided.

A statement identifying, by place and date, any other Cable Television Franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s), if known at the time of application; and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof. The City may permit the applicant to submit a summary of such information in lieu of itemized listings if the applicant, its parent, or subsidiary is currently operating more than twenty franchises.

A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:

A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.

A detailed statement describing the actual equipment and operational standards proposed by the applicant.

A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between applicant and any Subscriber.

A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any Person which shall in any manner, directly or indirectly, relate or pertain to or depend upon the application, or proposed Franchise.

A copy of any agreement covering the Franchise Area, if existing, between the applicant and any public utility providing for the use of any facilities of the public utility, including, but not limited to, poles, lines or conduits.

Any other information pertinent to the subject matter of such application and requested by the City.

An application fee in the sum of $10,000.00 shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, which shall not be returnable or refundable in whole or in part.

A complete description of the services offered and the geographical area of service proposed.

10.

A complete description of other services provided to the community or to be provided to the community.

11.

A pro forma of the applicant's cable operation within the City detailing the projected number of passings, number of Subscribers and annual Gross Revenues for the initial three years of operation.

12.

A description of the applicant's financial ability to build, service and maintain the Franchise.

13.

The City may waive any of the above items where Council, or any committee designated by Council to evaluate a franchise application, deems such information as nonessential to the consideration of any particular application and such waiver as not adverse to the public interest.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

ARTICLE IV. - FRANCHISE CONDITIONS

Sec. 25.6. - Franchise Term and Non-Exclusivity.

The term of an original Franchise, to be specified in the Franchise Agreement, may be up to ten (10) years and shall commence on the date the Franchise is approved by City Council; provided, however, the Franchise shall not be effective until the terms hereunder have been accepted by the Grantee in accordance with Section 25.42. The term of a renewed Franchise shall be no more than ten (10) years. In determining the length of the original franchise term, City Council may consider, among other things, what a reasonable period of time would be for the Grantee to become capable of providing Cable Service to the Franchise Area, what a reasonable period of time would be for the Grantee to have a reasonable opportunity to recover its initial investment in the System, and what additional consideration has been provided by the Grantee under the Franchise Agreement.

No Franchise granted pursuant to this ordinance shall give any exclusive right to a Grantee and every such Franchise shall be deemed to reserve the right to grant other Franchises to use and occupy the Public Ways of the City for Cable Television or any other purpose on such terms as the City may then deem appropriate.

This ordinance, either in whole or in part, shall not be construed as granting or intending to grant to the Grantee a franchise to use the Public Way(s) in the City, or any portion of the Cable Television System therein, for the provision of any service other than Cable Service, including, but not limited to, telecommunications, local telephone exchange, alternative local access, competitive access, toll access or any other service or use not expressly provided for herein.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.7. - Notice to the Grantee.

Except as otherwise provided in this ordinance, the City shall not take any final action involving the review, renewal, revocation or termination of the Grantee's Franchise unless the City has advised the Grantee in writing, at least thirty (30) days prior to the meeting at which such action shall take place, as to its time, place and purpose.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.8. - Franchise Review and Modification.

It shall be the policy of the City to amend a Franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of advancements in the State-of-the-Art which will afford it an opportunity to more effectively, efficiently, or economically serve its subscribers; provided, however, that this section shall not be construed to require the City to make any amendment.

Within the term of the Franchise, the City may initiate negotiations with Grantee(s) for the purpose of amending a Franchise awarded hereunder.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.9. - Administrative Performance Evaluation Session.

The Mayor, or Designee, and the Grantee may hold informal performance evaluation sessions, or upon approval of City Council, may hold formal performance evaluation sessions, as necessary or as may be required by federal and state law. All formal evaluation sessions shall be open to the public.

During a review and evaluation by the City, the Grantee shall fully cooperate with the Mayor or Designee and shall provide such information and documents as the Mayor or Designee may need to reasonably perform the review.

If at any time during this review, the Mayor or Designee determines that substantial evidence exists of inadequate cable system performance, the Mayor may require the Grantee to perform studies, tests or analyses directed toward the suspected inadequacies. The Grantee shall fully cooperate with the City in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice.

In instances in which the situation warrants it, the City may require the test to be supervised at Grantee's expense by a professional engineer not on the permanent staff of the Grantee; such professional engineer to be approved by the Mayor or Designee. The engineer shall sign all records of special tests and forward to the City such records with a report interpreting the results of the test and recommending actions to be taken.

The City's rights under this section 25.9 shall be limited to requiring tests, analyses, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard Cable Service.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.10. - Franchise Renewal.

During the 6-month period which begins with the 36th month before the Franchise expiration, the City may on its own initiative, and shall at the written request of the Grantee, commence proceedings for the purpose of:

identifying the future cable-related community needs and interests; and

reviewing the performance of the Grantee under the Franchise during the then current franchise term.

Upon completion of a proceeding under subsection A, a Grantee seeking renewal of a Franchise may, on its own initiative or at the request of the City, submit a proposal for renewal. Such proposal for renewal shall contain all information required of any Person applying for a Franchise hereunder, and, if the proposal for renewal is at the City's request, shall, to the extent consistent with applicable law, contain such other information specified by the City in the request. The proposal for renewal shall also set forth any technical, equipment, construction, customer service, System and performance upgrades and activation schedule the Grantee intends to implement to meet the State-of-the-Art cable-related interests of the community. The City Council reserves the right to set a date by which a proposal for renewal must be received by the City.

The request to initiate a renewal process and any proposal for renewal shall be considered in accordance with the procedures set forth in the Cable Act at 47 U.S.C § 546, as may be amended from time to time.

If the City has not commenced proceedings pursuant to 47 U.S.C. § 546(a) and the Grantee has not requested the City to do so prior to the conclusion of the period specified in 47 U.S.C. § 546(a), any proposal for renewal submitted by the Grantee subsequent thereto shall be deemed an informal proposal for renewal and shall be governed in accordance with 47 U.S.C. § 546(h). The City may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the City Council shall determine whether the Franchise should be renewed and the terms and conditions of any renewal.

If the City Council determines that the Franchise should be renewed based upon its findings made with respect to the factors described in subparagraphs (A) through (D) of subsection (c)(1) of the Cable Act at 47 U.S.C § 546, the City Council shall renew the Grantee's Franchise, for a period of time not inconsistent with the provisions of Section 25.6A of this Article, with any modifications deemed necessary to reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. The City and the Grantee shall agree on the terms of a Franchise Agreement, pursuant to the procedures specified in this Chapter 25, before such grant of renewal shall become effective.

In the event the City determines that the Grantee is not entitled to a renewal of the Franchise in accordance with the procedure set forth in the Cable Act, the City shall have the right not to renew the Franchise. If the City does not renew the Franchise, the Grantee shall have a reasonable length of time to attempt to find a buyer, satisfactory to the City, to buy the assets of the System owned by the Grantee and obtain a Franchise to operate the System. If the Grantee cannot find such a buyer, the City, to the extent then permitted by existing law, shall have the option to either:

Acquire, at Fair Market Value, ownership of all the assets of the Grantee's Cable System within the City that are owned by the Grantee;

Require the sale at Fair Market Value of all such assets owned by the Grantee to a succeeding grantee; or

Require all property owned by the Grantee that is located within the Public Ways of the City be removed at the sole cost and expense of the Grantee. Furthermore, in removing its plant, structures, equipment, wires, fiber-optics and other facilities the Grantee shall refill at its own expense any excavation that shall be made by it and shall leave all Public Ways and places in as good condition as that prevailing prior to such excavation and removal by the Grantee, without affecting the electric or telephone cables, wires or attachments. The City shall inspect and approve the conditions of the Public Ways and public places and cables, wires, attachments and poles after removal. If the Grantee fails to conduct the required removal within a reasonable period of time, the City may have the removal done at the expense of the Grantee or its insurance, surety or bond provider. The liability insurance, indemnity and performance bond provided in Section 25.18 shall continue in full force and effect during the period of removal.

Require the Grantee to abandon in place any property which, in the City's opinion, would be too disruptive to the Public Ways to be removed.

Except as provided in Section 25.13 of this Article, the City's above stated options must be exercised within one (1) year from the date of the expiration of the Franchise unless such period is extended with the consent of the Grantee.

For consideration by the City of any proposal for renewal there is hereby established a non-refundable fee of five thousand dollars ($5,000). The purpose of this fee is to defray a portion of the City's costs in processing the renewal and, unless otherwise prohibited by applicable federal law, shall be considered a charge incidental to awarding and enforcing a Franchise within the meaning of 47 U.S.C. § 542(g)(2)(D) and shall not be passed through to Subscribers.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.3, Doc. #33439)

Sec. 25.11. - Franchise Revocation Procedures.

Whenever a Grantee shall refuse, neglect or willfully fail to construct, operate, maintain, repair or upgrade its Cable Television System or to provide service to its Subscribers in substantial accordance with the Cable Act, the terms of this ordinance and the Franchise Agreement, or to comply with the conditions of occupancy of any Public Ways, or to make required extensions of service, or in any other way substantially violates the Cable Act, the terms and conditions of this ordinance, the Franchise Agreement, or any applicable rule or regulation, or practices any fraud or deceit upon the City or its Subscribers, or fails to pay when due any Local Communications Services Tax imposed by the City pursuant to Section 202.19, Florida Statutes, or fails to pay when due any franchisee fees to the extent the City is permitted by law to impose franchise fees, or if a Grantee becomes insolvent, or unable to or unwilling to pay its uncontested debts, or is adjudged bankrupt, or seeks relief under the bankruptcy laws, the Franchise may be revoked at the discretion of Council.

In the event the Mayor or Designee believes that grounds for revocation exist or have existed, the Mayor or Designee may notify a Grantee, in writing, setting forth the nature and facts of such noncompliance. If, within thirty (30) days following such written notification, the Grantee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that the alleged violations did not occur, or that the alleged violations were beyond the Grantee's control, the Mayor or the designee may thereupon refer the matter to Council.

Upon referral from the Mayor or Designee or by its own motion, the Council, with the approval of the Mayor, may revoke a Franchise pursuant to Paragraph A of this section.

The City shall not revoke a Franchise pursuant to Paragraph C of this section until the City has given written notice to the Grantee that it proposes to take such an action and the grounds therefor. Further, the City shall not revoke a Franchise until the Grantee, or its representative, has had reasonable opportunity to be heard before the Council and show that the proposed grounds for revocation did not or do not exist, as the case may be.

A Grantee shall not be subject to the sanctions of this section for any act or omission wherein such act or omission was beyond the Grantee's control. An act or omission shall not be deemed to be beyond a Grantee's control if committed, omitted, or caused by a corporation or other business entity which holds a controlling interest in the Grantee, whether held directly or indirectly. Further, the inability of a Grantee to obtain financing, for whatever reason, shall not be an act or omission which is "beyond the Grantee's control."

In the event that a Franchise has been revoked by the City, the procedure contained in Section 25.10E shall apply, except that the value of the System for purposes of acquisition or required sale, as provided for in subsections 25.10E.1 and 25.10E.2, respectively, shall be based on an equitable price, rather than Fair Market Value, in the event of revocation. Such options must be exercised within one (1) year from the date of the revocation of the Franchise, or the entry of the final order upon appeal of same, whichever is later. In the event the Franchise is revoked and the City invokes its right to purchase the Grantee's Cable Television System, the Grantee shall file with the City within thirty (30) days of the date that ownership and control passes to the City or its assignee, a financial statement clearly showing the Gross Revenues of the Grantee since the end of the previous fiscal year, detailed by fiscal quarter.

The termination of a Grantee's rights under a Franchise shall in no way affect any other rights the City may have under the Franchise or under any provision of the law.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.4, Doc. #33439; Ord. of 8-13-2001, § 4.2, Doc. #34000)

Sec. 25.12. - Arbitrary and Capricious Action by Grantee.

If a Grantee arbitrarily and capriciously discontinues services to a substantial number of its Subscribers, the Grantee's Franchise may be revoked by the City, following notice to the Grantee and an opportunity to be heard as noted in Section 25.11D. Provided, further, the City may seek appropriate judicial or other relief and/or may proceed to exercise its rights and powers as provided for herein.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.13. - Provision for Appraisal.

In the event the City elects to purchase a Grantee's Cable Television System in accordance with the provisions of Section 25.10E or 25.10F, or any of its assets, and the value therefor cannot be agreed upon, said value shall be determined by a panel of professional appraisers. The panel shall be composed of one appraiser chosen by the City, one appraiser chosen by the Grantee, and a third appraiser chosen by the first two. The expenses of the appraisal, including the fees of the appraisers, shall be borne by the parties in such equitable manner as the appraisers provide in their decision, based upon the appraised value as compared to the values determined by the parties prior to the appraisal. The appraisal hearing shall take place in the City, unless otherwise agreed to by the parties in writing.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.14. - Transfer of Ownership to the City.

In those circumstances provided for in this ordinance wherein the City shall have the right to purchase ownership of a Grantee's Cable Television System or any of its assets, the City may give notice that it elects to exercise such right and the City may acquire such assets at the time of payment of the value thereof. In those circumstances where the question of value has been submitted to an appraiser, the City may affirmatively accept the decision of the appraisers within ninety (90) days after the rendering of the appraisers' decision. However, if the City fails to accept or reject the appraiser's decision within the aforesaid ninety (90) day period, the rights of the City to purchase shall expire.

In those circumstances provided for in this ordinance wherein the City shall have the right to purchase ownership of a Grantee's Cable Television System, or any of its assets, no question of value shall be submitted to an appraisal until the parties have attempted to agree on a value and have set forth their determination of the value.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.15. - City's Right to Assign.

A Franchise shall not limit the right of the City to assign to another governmental agency, the City's rights to acquire any or all of the assets of a Grantee's Cable Television System.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.16. - Grantee's Obligations as Trustee.

At all times from the expiration or revocation of a Franchise and until either (1) a Grantee transfers to the City or other succeeding operator of the System all of its rights, title and interest to all assets, real and personal, related to its Cable Television System or (2) the City's right to either acquire or assign its right to acquire any of the Grantee's assets expires without the City having exercised such a right, whichever occurs first, the Grantee shall have a duty to such successor as a trustee holding such assets for the benefit of such successor and the Grantee shall not sell any of the system's assets nor shall the Grantee make any physical, material, or administrative operational changes that would tend to (i) degrade the quality of service to the subscribers, (ii) decrease Gross Revenues, or (iii) materially increase expenses without the expressed permission, in writing, of the City or its assigns. The Grantee shall at all times operate the System in accordance with the Cable Act, the terms of this ordinance and the terms of the Franchise Agreement as if the Franchise had not expired or had not been revoked. In the event the Grantee fails or refuses to operate the System as a trustee, the City shall have the right to apply to a court of competent jurisdiction within Orange County, Florida, for permission to name a successor trustee or operate the System itself as a trustee in accordance with the Cable Act and the terms of this ordinance and Franchise Agreement.

In the event of expiration, revocation or other termination of a Franchise, this section shall not be construed to give a Grantee any vested or other franchise right, but the right of the Grantee in such circumstances shall exist only on a day-to-day basis until the transfer is effected. The continued operation of the System shall in no way be construed as a renewal or extension of the Franchise.

For its management services during this interim period as a trustee, the Grantee shall be entitled to receive as compensation the Net Profit, as defined herein, generated during the period between the expiration, revocation or other termination of the Franchise, as the case may be, and the transfer of the Grantee's assets to the City or a successor.

Further, this section shall in no way limit the power of the City, upon the expiration, revocation or other termination of a Franchise, to require the Grantee to cease all operations whatsoever and/or remove its facilities, or otherwise exercise any rights the City would otherwise have.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.17. - Franchise Fee.

Pursuant to the laws of the State of Florida, beginning October 1, 2001, counties and municipalities are no longer permitted to impose a franchise fee on cable services. However, in the future, should the laws of the State of Florida with respect to such matter be changed by the Legislature or be held invalid or unconstitutional by a court of competent jurisdiction, then the City, to the extent permitted by law at such future time, shall require the Grantee to collect and pay a franchise fee, file such reports and maintain books and records as set forth in the following subsections:

The Grantee, in consideration of the privilege granted under the Franchise for the operation of a Cable Television System within the Public Ways of the City, and the expense to the City of regulation and administration arising therefrom, shall pay quarterly to the City five percent (5%) of the Gross Revenues derived in such period from the operation of the Cable Television System to provide Cable Service or, if the maximum amount permitted by law is greater than 5% of the Gross Revenues, then an amount determined by Council, in its sole discretion, up to the maximum amount permitted by law. Such payment will be considered timely if received by the Treasury Bureau of the City within thirty (30) days from the end of the previous quarter. If the Grantees' quarterly franchise fees exceed $10,000, all payments shall be made to the City by Electronic Fund Transfer via the ACH system, or other means as may be approved by the City Treasurer on a case by case basis.

The Grantee shall file with the City, within thirty (30) days after the expiration of each of the Grantee's fiscal quarters, a financial statement clearly showing the Gross Revenues of the Grantee during the preceding quarter, and shall simultaneously tender payment of the quarterly portion of the franchise fee. The Grantee shall file, within one hundred twenty (120) days following the conclusion of the Grantee's fiscal year, an annual certified audit, prepared and reported by a Certified Public Accountant acceptable to the City, clearly showing the yearly total Gross Revenues in accordance with Generally Accepted Accounting Principles as required herein; such annual report and audit shall be paid for by the Grantee.

The City shall have the right, consistent with the provision of Section 25.22.D., to inspect during normal business hours the Grantee's income records, the right of audit and the right to the recomputation of any amounts determined to be payable under this ordinance. The Grantee shall maintain its books and records within a forty-five mile radius of the City of Orlando City Hall, or provide these books and records to the City at City Hall within thirty (30) days of the City's written request. If books and records are not provided to the City at City Hall within thirty (30) days, the City shall conduct the inspection and audit at Grantee's place of business and Grantee shall bear all costs of said audit. Any additional amount due the City as a result of the audit, including interest at the rate set forth in Section 25.17.F., shall be paid within thirty (30) days following written notice to the Grantee by the City which notice shall include a copy of the audit report.

If the Grantee directly bills Subscribers for amounts to be paid to leased access programmers for the provision of services on the System, then such amounts shall be considered Gross Revenues and the Grantee shall deduct the same percentage from such amounts as the then-applicable franchise fee percentage pursuant to Section 25.17.A. and include such deducted amounts in its payment made to the City pursuant to Section 25.17.A. and include such payments in its reports pursuant to Section 25.17.B.

The Grantee shall ensure, through contract or other arrangement, that any Person other than the Grantee who collects from Subscribers of Cable Service amounts that would constitute Gross Revenues if received directly by the Grantee is required to remit to the City quarterly a percentage of such amounts collected which is equal to the then-applicable franchise fee. Such contract or arrangement must also require the Person to submit reports which meets the requirements of Section 25.17.B. and must entitle the City to enforce the fee and reporting requirements directly against the Person.

In the event that any franchise fee payment is not made on or before the applicable dates heretofore specified, interest shall be charged from such due date at the maximum rate allowed by law or one and one-half percent (1½%) per month, whichever is less. For recomputed or audited amounts, interest thereon shall be calculated, at the rate described in the preceding sentence, from the date the payment that is the subject of the recomputation or audit was originally due the City or for such lesser period of time as may be required by law.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 8-13-2001, § 4.3, Doc. #34000)

Sec. 25.18. - Insurance; Bonds; Indemnity.

Upon the granting of a Franchise and within thirty (30) days following the filing of the acceptance required under Section 25.42 hereof and at all times during the term of the Franchise, including any renewal or extension of time thereto and during any time for removal of facilities or management as a trustee as provided for herein, the Grantee shall obtain, pay all premiums for, and shall maintain satisfactory to the City the types of insurance policies and coverage limits described in this Section 25.18.

Comprehensive general liability insurance indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any Person whatsoever on account of (a) bodily injury to a person or persons, (b) death of a person or persons or (c) property damage, where any of the foregoing is occasioned by the operations of the Grantee under the Franchise herein granted, or alleged to have been so caused or occurred. Such liability policy shall be in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, for bodily injury or death or for property damage, and in an amount not less than Two Million Dollars ($2,000,000) policy aggregate for each personal injury liability, broad form property damage (without XCU exclusions) and products-completed operation.

Business automobile liability insurance indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever on account of (a) bodily injury to a person or persons, (b) death of a person or persons or (c) property damage, where any of the foregoing is occasioned by the operation of Grantee under the Franchise herein granted, or alleged to have been so caused or occurred. Such liability policy shall be in an amount not less than One Million Dollars ($1,000,000) combined single limit, including bodily injury and property damage covering owned, leased, hired and non-owner vehicles.

Workers' Compensation and employer's liability insurance valid in this State indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever for accident or injury occasioned by the operations of Grantee under the Franchise granted pursuant hereto, or alleged to have been so caused or occurred. Such liability policy shall be in an amount not less than the Statutory limit for Workers' Compensation and One Million Dollars ($1,000,000) each accident for employer's liability.

Broadcasters' errors and omissions insurance (or similar form) indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever for errors and omissions, including infringement of copyrights, occasioned by the operations of Grantee under the Franchise granted pursuant hereto, or alleged to have been so caused or occurred. Such policy shall be in an amount not less than One Million Dollars ($1,000,000) each occurrence.

All insurance providers used by the Grantee shall be admitted and duly authorized to do business in the State of Florida and shall have assigned by A.M. Best & Company's Key Rating Guide a minimum financial rating of "B+ Class VI," a minimum claims paying ability of "A+," an overall rating of "A" and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. All liability policies shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of the Grantee's performance of work under its Franchise. The Grantee shall furnish the City with certificates showing proof of all required insurance coverage. All liability coverage must be in occurrence form and in accordance with the limits specified. Claims made policies are not acceptable. No insurance policy shall be canceled, nor shall the occurrence or aggregate limits set forth herein be reduced, until the City has received at least thirty (30) days' advance written notice of a cancellation, intent not to renew or reduction in coverage. Grantee shall be responsible for notifying the City of such cancellation, intent not to renew or reduction in coverage. All Certificate(s) of Insurance, including all endorsements and riders, evidencing insurance coverage shall be submitted to the City within thirty (30) days after award of the Franchise in order for Grantee to obtain the appropriate engineering permits required for construction. The Grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.

The Certificate(s) of Insurance forms must be properly executed by the authorized representative of the insurance provider and must include all endorsements, riders and notices. The Certificate(s) of Insurance must indicate the following:

the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts;

any applicable deductibles or self-insured retentions;

that the City, its council members, officers and employees are additional insureds;

that the City shall receive thirty (30) days' advance written notice of cancellation, intent not to renew or reduction in coverage; and

that the comprehensive general liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance.

At all times during the term of the Franchise, including any renewal or extension of time thereto and during any time for removal of facilities or management as a trustee as provided for herein, the Grantee shall obtain, pay for, and shall maintain in a form satisfactory to the City Attorney a performance bond running to the City with good and sufficient surety in the amount specified in the Franchise Agreement, or if no amount is specified therein, then in the sum of Two Hundred Fifty Thousand Dollars ($250,000) conditioned upon the faithful performance and discharge of the obligations imposed by this Chapter 25 and the Franchise Agreement from the date thereof including, but not limited to, faithful compliance with the construction timetable proposed by the Grantee as incorporated into the Franchise, unless appropriate extension is approved by the Mayor upon authorization of the City Council. The City's right to recover under the bond shall be in addition to any other rights retained by the City under the Franchise Agreement, this Chapter 25 and other applicable law. Any proceeds recovered under the bond may be used to reimburse the City for loss of valuable consideration given for the grant of the Franchise, including franchise fees to the extent the City is permitted by law to impose franchise fees, and such additional expenses as may be incurred by the City as a result of Grantee's failure to comply with the obligations imposed by this ordinance and the Franchise including, but not limited to, attorney's fees and costs of any action or proceeding, the cost of refranchising with another entity, and the cost of removal or abandonment of any property, or other costs which may be in default. Said bond will be returned at the end of five (5) years to the Grantee or at such prior time as the System has been completed and approved by the City provided that the Grantee has met or exceeded the construction required herein and has in good faith complied with the terms and conditions of the Franchise Agreement and this Chapter 25, as well as the rules and regulations herein required and permitted. Said bond shall not be required for any renewal of a Franchise. The bond shall require thirty (30) days written notice of any cancellation to both the City and the Grantee. The bond shall be submitted to the City within thirty (30) days after award of the Franchise in order for Grantee to obtain the appropriate engineering permits required for construction. The Grantee shall, in the event of any such cancellation notice, obtain, pay for, and file with the City, written evidence of the issuance of replacement bond within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.

Except for the willful misconduct or gross negligence of the City, the Grantee shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its officials, boards, commissions, consultants, agents and employees from and against any and all claims, suits, causes of action, proceedings, liabilities and judgments for damages arising out of or in connection with (1) the award of the Franchise granted hereunder or (2) the Grantee's construction, operation, maintenance, repair or upgrade of the Cable Television System under the Franchise. This indemnification provision shall include, but not be limited to, such damages and penalties arising out of (1) claims for infringement of copyright, trademark, trade name, service mark, patent or of any other right of any Person; (2) claims for any failure by Grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's Cable Television System, excluding PEG programming provided by Persons other than the Grantee, whether or not any act or omission complained of is authorized, allowed, or prohibited by the Franchise; (3) claims involving the Grantee's violation of any easement or private property rights; (4) claims made under 47 U.S.C. § 558; and (5) claims for invasion of rights of privacy or for the defamation, libel or slander of any Person. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as attorneys fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any consultants, agents and employees of the City.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.5, Doc. #33439; Ord. of 8-13-2001, § 4.4, Doc. #34000)

Sec. 25.19. - Letter of Credit.

Within thirty (30) days after the award of a Franchise, the Grantee shall deposit with the City a letter of credit from a financial institution in the amount of Twenty-Five Thousand Dollars ($25,000). The form and content of such letter of credit shall be approved by the City Attorney. The letter of credit shall be used to insure the faithful performance by the Grantee of all provisions of the Franchise and this ordinance; and compliance with all orders, permits, and directions of any agency, commission, board, department, bureau or office of the City having jurisdiction over its acts or defaults under the Franchise Agreement or this ordinance, and the payment by the Grantee of any penalties, claims, liens and taxes due the City or other governmental entities which arise by reason of the construction, operation, maintenance, repair or upgrade of the System.

If the Grantee fails to pay to the City any compensation due the City within the time fixed herein; or, fails, after ten (10) days notice to pay to the City any amounts due and unpaid; or fails to repay the City within ten (10) days, any damages, costs or expenses which the City is compelled to pay by reason of any act or default of the Grantee in connection with the Franchise; or, fails, after three (3) days notice of such failure by the Grantee to comply with any provision of the Franchise Agreement or this ordinance which the City reasonably determines can be remedied by demand on the letter of credit, the City may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit. Upon such request for payment, the City shall notify the Grantee of the amount and date thereof.

The letter of credit shall be maintained at Twenty-Five Thousand Dollars ($25,000) during the entire term of the Franchise. In the event that amounts are withdrawn pursuant to Paragraph A or B of this section, the Grantee, shall take any action required to maintain the letter of credit at said full amount within three (3) days of the notification by the City of its withdrawal against the letter of credit.

The rights reserved to the City with respect to the letter of credit are in addition to all other rights of the City, whether reserved by this ordinance, the Franchise Agreement or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the City may have.

The letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit shall not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew."

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.20. - Transfer of Franchise.

A Franchise granted under this ordinance shall be a privilege to be held in personal trust by the Grantee. It shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, sale and lease back, merger, consolidation, or otherwise or by forced or involuntary sale, without prior consent of City Council, and then on only such conditions as may be therein reasonably prescribed. Any sale, transfer or assignment not made according to the procedures set forth in this ordinance shall render the franchise voidable. The sale, transfer, or assignment in bulk of the major part of the tangible assets of the Grantee shall be considered an assignment and shall be subject to the provisions of the section. Such prior consent of City Council shall not be required, however, for any assignment, transfer or sale to a parent corporation of the Grantee or a majority owned affiliate or subsidiary of the Grantee, provided that such parent, affiliate or subsidiary pays all outstanding local communications services taxes or franchise fees, to the extent the City is permitted by law to impose franchise fees, and such other amounts due the City by the Grantee, agrees in writing to assume all other liabilities and obligations of the Grantee, and agrees in writing to be fully bound by the terms and conditions of this ordinance and the Franchise Agreement.

The City shall have 120 days to act upon any request from the Grantee for consent of a sale, transfer or assignment of the System. Any such request must be accompanied by the necessary FCC forms and information from the proposed transferee consistent with that of an original applicant under Section 25.5. The 120 days shall run from the date the City receives a request for consent containing the proper FCC forms and other information required in accordance with this Section, the FCC regulations or the Franchise Agreement. If the City fails to render a final decision on the request within that 120 day period, such request shall be deemed granted unless the Grantee and the City agree to an extension of time.

Any sale, transfer or assignment authorized by the City shall be made by a bill of sale or similar document, an executed copy of which shall be filed with the City within thirty (30) days after any such sale, transfer or assignment. The City shall not withhold its consent unreasonably; provided, however, the proposed assignee or new owner agrees to comply with the Cable Act and all the provisions of this ordinance and the Franchise Agreement, including amendments thereto, and must be able to provide proof of legal, technical and financial qualifications and ability to operate and maintain the System, as determined by the City.

No such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness except when such hypothecation shall exceed seventy-five percent (75%) of the Fair Market Value of the property used by the Grantee in the operation of its Cable Television System. Prior consent of the City shall be required for such transfer and said consent shall not be withheld unreasonably.

Prior approval of the City shall be required where ownership or control of ten percent (10%) or more of the right of control of the Grantee is acquired during the term of the Franchise in any transaction or series of transactions by a Person or group of Persons acting in concert, none of whom owned or controlled ten percent (10%) or more of such right of control, singularly or collectively on the effective date of the Franchise. By its acceptance of the Franchise, the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City shall render the Franchise void.

The consent of the City to any sale, transfer, lease, trust, mortgage, or other instrument of hypothecation shall not constitute a waiver or release of any of the rights of the City under this ordinance and the Franchise Agreement.

In the event of any acquisition, transfer or abandonment of the System, the Grantee shall promptly supply the City with all records necessary to reflect the change in ownership and for the continued operation and maintenance of the System.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 8-13-2001, § 4.5, Doc. #34000)

ARTICLE V. - SUBSCRIBER FEES, SERVICE, BILLS AND RECORDS

Sec. 25.21. - Subscriber Fees, Service and Bills.

The City reserves the right to enforce Subsections A through K below to the fullest extent permitted by federal law and under FCC rules and regulations; provided, however, that the City's enforcement of Subsections A through K, when required by federal law and under FCC rules and regulations, shall be contingent upon the City's continued certification as a Franchise Authority for the purpose of rate regulation and the Grantee being subject to rate regulation for lack of "effective competition."

By accepting a Franchise granted pursuant to the terms and conditions imposed by this ordinance and the Franchise Agreement, the Grantee agrees that the City shall have the authority and right to cause the Grantee's Basic Cable Service rates, associated equipment and installation charges, and all other services to the extent permitted by law or FCC rules and regulations, to conform to the provisions contained herein.

The City hereby adopts and will adhere to those rules and regulations established and adopted by the FCC pursuant to Title 47, Section 543 et seq., of the United States Code, as amended from time to time, for the regulation of Basic Cable Service (including rate regulation of Basic Cable Service and associated equipment, installation and service charges). In connection therewith, the City will ensure that there is a reasonable opportunity for the consideration of the views of interested parties.

All charges to Subscribers shall be consistent with a schedule of rates for all services offered as established by the Grantee. Changes in the schedule for Basic Cable Service rates, and for associated equipment and installation charges, shall not take effect until (1) notification of same is delivered to the City and to current Subscribers and users, unless such change in rates or charges is the result of a fee, tax, assessment or charge imposed by the City, state or any federal agency on transactions between the Grantee and Subscribers and (2) the City has determined, within the period of time allotted by federal law, that the change in rates or other charges is reasonable under the rules and regulations adopted in paragraph B herein.

The Grantee shall not, with regard to fees and the availability of Cable Service, discriminate or grant any preference or advantage to any Person; provided, however, that the Grantee may establish different rates for different classes of Subscribers, provided that the Grantee does not discriminate between any Subscribers of the same class. The Grantee shall ensure that access to Cable Service is not denied to any group of potential residential Subscribers because of the income of the residents of the local area in which such group resides.

By acceptance of a Franchise, the Grantee further acknowledges that the City retains the right to regulate rates for Basic Cable Service, and related charges for installation, equipment and all other services to the extent permitted by law or FCC rules and regulations.

The City may hold public hearings to consider public comment from interested parties regarding any proposed change in Basic Cable Service rates by the Grantee.

The Grantee shall be required to apprise in writing each new Subscriber of all applicable fees and charges for providing Cable Services.

Grantee may, at its own discretion, in a non-discriminatory manner, waive, reduce, or suspend connection fees and/or monthly service fees for promotional purposes.

Except as may be otherwise provided in the Franchise Agreement, a Subscriber shall have the right to have its service disconnected without charge; such disconnection shall be made as soon as practical and in no case later than thirty (30) days following notice to the Grantee of same. No Grantee shall enter into any agreement with Subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges for a reconnection after a voluntary disconnection shall be no greater than charges for new customers. This section shall not prevent a Grantee from refusing service to any Person because the Grantee's prior accounts with that Person remain due and owing or from charging a higher reconnect fee following a disconnection for non-payment of charges.

The Grantee shall not require the subscription to any tier other than the basic service tier, as a condition of access to video programming offered on a per channel or per program basis, a pay TV basis, or as a part of any other optional programming. This prohibition is subject to such exception and waiver provisions set forth in the Cable Act at 47 U.S.C. § 543(b)(8) (Buy-Through of Other Tiers Prohibited), as may be amended from time to time.

Subscriber bills shall present billing information in a clear, concise and understandable manner and in a way that is not misleading, does not mischaracterize any information and does not omit material information. The Grantee must fully itemize the Subscriber bill, with itemizations including, but not limited to, basic and premium service charges and equipment charges. The Grantee must also clearly delineate in Subscriber bills all activity during the billing period, including optional charges, refunds and credits.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 12-20-1993, Doc. #27118; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.22. - Books and Records.

Grantee shall, (1) within thirty (30) days following the acceptance of a Franchise, (2) at least yearly thereafter, and (3) within thirty (30) days of the change of ownership of ten percent (10%) or more of the outstanding stock or equivalent ownership interest of a Grantee, furnish the City a list, showing the names and addresses of Persons owning ten percent (10%) or more of the outstanding stock or equivalent ownership interest of the Grantee. Such a list shall include a roster of the Grantee's officers and directors (or equivalent managerial personnel). This provision shall not apply to a company whose stock is publicly traded on a major stock exchange.

Grantee shall maintain books and records of its operations of the System to show the following in sufficient detail, consistent with Generally Accepted Accounting Principles, to demonstrate compliance with the reporting requirements of the franchise ordinance.

A Grantee shall maintain accurate books and records for its System; provided, however, that any expenses or expenditures which apply to both the System in the City and any other operations shall be reasonably allocated between all such operations, consistently with Generally Accepted Accounting Principles. Such books and records shall be retained, in any reasonable form, for a period of not less than five (5) years.

In the event the City determines to regulate Subscriber rates, then the books and records of the Grantee's operation within the City pertaining to the regulated service shall be made available to the City, during normal business hours, for inspection and audit by the City within thirty (30) days after such request has been made.

Copies of the Grantee's schedule of charges, contract or application forms for Subscriber service, policy regarding the processing of Subscriber complaints, delinquent subscriber disconnect and reconnect procedures, and any other terms and conditions adopted as the Grantee's policy in connection with its Subscribers shall be filed with the City and shall be made available for inspection by the public in the Grantee's local office.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

ARTICLE VI. - SYSTEM OPERATIONS

Sec. 25.23. - Franchise Areas.

The areas of the City for which applications for Franchises will be accepted shall be the entire incorporated area or contiguous sections of the City.

Except as otherwise provided, the Franchise Area shall be extended to include property contiguous to the Franchise Area which may be annexed into the corporate limits of the City after the Franchise is granted. For the purposes of this Chapter the annexed area shall be considered the same as the areas contained in the original Franchise Area, provided that the Grantee commences with construction and extension of the System to the annexed area within 120 days from the date of annexation and is capable of delivering Cable Service, in full accordance with this ordinance, to not less than thirty-three and one-third percent (33⅓%) of the occupied dwelling units in the annexed area within twelve (12) months from the date of annexation and to not less than an additional thirty-three and one-third percent (33⅓%) for each of the next two consecutive twelve (12) month periods thereafter, or such other period of time as may be specified in the Franchise Agreement. The City may exclude newly annexed contiguous property from the service area upon a showing that to include it would detrimentally affect the economic feasibility of the Grantee's System.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.24. - Service Area.

Grantee shall furnish to the City a map of suitable scale showing all roads and public buildings which indicates the service area to be served.

The service area shall be subject to approval by the City, and shall be incorporated into a Franchise granted pursuant to this Chapter. The service area shall be considered to be coterminous with the Franchise Area except the Grantee may exclude from the initial service area those areas which have a residential density of less than fifty (50) units per cable mile and those areas which are already served by another franchise holder. Nothing in this Chapter or the Franchise Agreement, however shall allow the Grantee to discontinue service to an area which is already served, but has a residential density of less than fifty (50) units per cable mile.

Grantee must extend and make Cable Service available to any Person requesting installation and, where such installation is located not more than one hundred twenty-five (125) feet from the existing aerial or buried drop line, do so at the standard installation charge.

With respect to requests for installation at a location in excess of one hundred twenty-five (125) feet from the existing aerial or buried drop line, Grantee must extend and make available Cable Service to such isolated Persons at a reasonable installation charge taking into consideration the actual installation costs incurred by the Grantee for the distance exceeding the one hundred twenty-five (125) feet.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.25. - System Description and Service.

Applications for Franchise shall include proposals for the provision of certain specific access channels. Such proposals by a Grantee shall be incorporated as part of the franchise granted, and shall be subject to the following minimum requirements:

A minimum of two (2) channels shall be reserved for public, educational and governmental access. The proposed number of PEG access channels shall be reserved by the Grantee unless a lesser or greater number is agreed to in the Franchise Agreement.

The Grantee shall keep records of usage and requests for usage of such access channel(s) and, upon request by the City, shall furnish such records to the City for review. If based upon such records of usage and requests for usage of the access channel(s) the Orlando City Council determines that there is a public need for an additional channel or a portion of a channel, then the Grantee upon request by the City, shall make available an additional channel or a portion on an additional channel for such purposes; provided, however, the Grantee shall not be required to dedicate for such purposes more than two (2) additional channels full-time or fifteen percent (15%) of its available downstream channel capacity, whichever is less.

Unless otherwise indicated in a Franchise, the operation of the public and educational access channels shall be governed by a plan developed by the Grantee, and approved by the City, which will promote community involvement and utilization of the access channels and, with respect to public access channels only, shall include safeguards against direct and indirect program censorship to the extent permitted by law.

The City reserves the right to establish a not-for-profit corporation or a municipal board to develop a plan to govern and promote community utilization of the access channels. The City will attempt to provide a membership composition of any such Board which will include representation of other entities involved in the interconnected access system.

The use of the access channel(s) may be coordinated with the use by other franchising authorities within the Orlando metropolitan area, subject to compliance with the provisions of this ordinance.

In the event the Grantee provides a leased access channel, then the Grantee shall adopt operating rules for the channel(s), which will be consistent with the terms of this ordinance.

The Grantee shall provide adequate staff, equipment and facilities, including a production studio, necessary for the production of programming and to operate the access channel(s). These provisions shall be made at the Grantee's expense.

Except to the extent more services or greater use of facilities without charge are agreed to in the Franchise Agreement, the Grantee shall provide, without charge within the service area, at least one service outlet activated for regular subscribers service to each fire station, public school, police station, public library, and each other building used for governmental purposes as may be designated by the City, provided such buildings are not in excess of five hundred (500) feet from an existing aerial or buried drop line, and the Grantee shall not charge for the provision of regular subscriber service to the service outlets once installed. However, unless otherwise agreed to in the Franchise Agreement, the Grantee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing more than one outlet, or concealed inside wiring.

Obscene material.

Grantee and all other Persons using or making use of the Cable Communications System shall comply in all respects with applicable federal, state, and local laws and ordinances, including Florida Statutes §§ 847.011 and 847.07, or any successor statutes thereto, regarding the broadcasting, exhibition, display or showing of obscene material and shall not broadcast, exhibit or display material judged to be obscene by any court.

Compliance with paragraph one hereof is subject to applicable judicial decisions and other restrictions and limitations imposed by law.

Violation of this section by the Grantee shall be deemed a material breach of any Franchise and shall subject the Grantee to all penalties and remedies provided for herein or in the Franchise Agreement, as well as all other remedies, both legal and equitable, available to the City. To the extent permitted by law, a willful violation of this section by a Lessee shall bar that Lessee from utilizing the cable System for a period of one year following such violation and shall subject the Lessee to all penalties and remedies, both legal and equitable, available to the City.

The Grantee shall, upon the request of a Subscriber, provide to the Subscriber a parental control device or other feature (the type or model of which shall be in the discretion of the Grantee), capable of locking out or distorting beyond recognition the video and audio signals of any Channel or Cable Service during periods selected by the Subscriber.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.26. - Operational requirements.

Grantee shall construct, operate, maintain, repair and upgrade the Cable Television System in full compliance with the rules, regulations and technical standards of the Federal Communications Commission, as may hereafter be amended or adopted from time to time, and all other applicable Federal, State and local laws and regulations, including, but not limited to, the latest editions of the National Electrical Safety Code and the National Fire Protection Association National Electrical Code. The Cable Television System and all its parts shall be subject to inspection by the City, and the City hereby reserves the right upon request to review a Grantee's construction plans prior to the commencement of construction.

Grantee shall maintain an office within the City which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employ an operator(s) or maintain a telephone answering service twenty-four (24) hours per day, each day of the year, to receive Subscriber complaints.

Grantee shall exercise its best effort to design, construct, operate, maintain, repair and upgrade the system at all times so that signals carried are delivered to Subscribers without material degradation in quality (within the limitations imposed by the technical State-of-the-Art).

A Grantee shall not, in violation of any applicable laws or regulatory standards, design, install or operate its System in a manner that will interfere with the signals of any broadcast station, the signals or facilities of any municipal or county police, fire or rescue department, the facilities of any public utility, the Cable Television System of another cable operator granted a franchise hereunder, or individual or master antennas used for receiving television or other broadcast signals.

To the extent required by FCC rules, the Grantee shall perform, at its own expense, proof of performance tests. At the request of the City, the Grantee shall provide the test results through the term of its Franchise. The City shall have the right to inspect the System during and after its construction to ensure compliance with the requirements of the Franchise Agreement, this Chapter 25, and FCC standards, provided the City gives the Grantee reasonable notice of such inspection so that the Grantee may have a representative present and such inspection does not unreasonably interfere with the Grantee's operation of the System.

Copies of all correspondence, petitions, reports, applications, and other documents relating to the City or the provisions of this Franchise which are sent or received by Grantee from Federal or State agencies having appropriate jurisdiction in matters affecting Cable Television operation shall be simultaneously furnished by Grantee to the City.

To the extent not prohibited by federal law, in the case of any emergency or disaster, the Grantee shall, upon the request of the City, make available its facilities to the City or any other applicable governmental agency, without costs, for emergency use during the emergency or disaster period.

Grantee shall comply with all Emergency Alert System (EAS) equipment and performance requirements for Cable Systems and all tests of EAS procedures set forth in Title 47, Part 11 of the Code of Federal Regulations, as may be amended from time to time. Grantee shall comply with the EAS Operating Handbook and shall keep a record of each test and activation of EAS procedures. Grantee's EAS shall be operated, and capable of broadcasting messages, 24 hours a day, seven days a week.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.6, Doc. #33439; Ord. of 8-13-2001, § 2, Doc. #34000)

Sec. 25.27. - Tests and Performance Monitoring.

In the event the City receives a significant number of Subscriber complaints of poor reception, the City may follow the procedure set forth in Section 25.9 or the City may request the FCC to investigate the technical performance of the System. In the event the problem is not adequately resolved by the performance evaluation session or the FCC, then the City may order technical performance tests to be conducted by the Grantee upon the portion of the System in question to demonstrate full compliance with the Technical Standards of the Federal Communications Commission. Such tests shall be performed by, or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the City, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests.

At any time after commencement of service to Subscribers, for cause shown, the City may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific Subscriber's terminal, at the Grantee's expense to the extent such tests may be performed by the Grantee's employees utilizing its existing facilities and equipment. The City will endeavor to arrange its request for such special tests so as to minimize hardship or inconvenience to Grantee or to the Subscriber.

A copy of the annual performance tests report required by the Federal Communications Commission shall be submitted to the City within thirty (30) days of its completion.

The City shall have the right to employ qualified consultants if necessary or desirable to assist in the administration of this, or any other, section of this ordinance at its own expense.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.28. - Service, Adjustment and Complaint Procedure.

Except for circumstances beyond the Grantee's control such as strikes, acts of God, weather, wars, riots and civil disturbances, the Grantee shall establish a maintenance service capable of locating and correcting major System malfunctions promptly. Said maintenance service shall be available at all hours to correct such major System malfunctions affecting Subscribers.

A listed local telephone or toll-free number shall be made available to Subscribers for service calls 24 hours a day, seven days a week. Investigative and corrective action shall be initiated in response to all service interruption calls, other than major outages, promptly and in no event later than 24 hours after the call is received. In the event that interrupted service to a Subscriber is not reestablished within twenty-four (24) hours from the time the request for service is made to the Grantee, Grantee shall credit such Subscriber's account upon request on a pro rata basis for loss of service during each twenty-four (24) hours following report of loss of service to the Grantee. The Grantee must begin corrective action on other service problems the next business day after notification of the service problem. Appropriate records shall be made of service calls showing when and what corrective action was completed. Such records shall be available to the City during normal business hours and retained in Grantee's files for not less than one (1) year. A summary of such calls shall be prepared by the Grantee and submitted to the City upon request, beginning twelve (12) months after service is provided to the first Subscriber.

The Grantee shall furnish each Subscriber at the time service is installed written instructions that clearly set forth procedures for placing a service call or requesting an adjustment.

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 Designee in writing of his dissatisfaction and the Designee shall have the authority to investigate the matter.

The Grantee shall interrupt System service after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance, and repair, with reasonable prior notification, as practicable.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.29. - Street Occupancy.

Prior to the installation, inspection, repair, replacement, relocation or removal of any conduit, cable wire, fiber-optics or other facilities, or the start of any other construction, in or on the Public Ways, the Grantee must, pursuant to the requirements of existing or subsequently enacted City ordinances of general applicability, obtain all required engineering and construction permits from the City. Application for said permits shall set out the place, date and time where the conduit, cable wire, fiber-optics or other facilities are to be installed, inspected, repaired, replaced, relocated or removed or where any other form of construction is to be conducted. All permit applications submitted by the Grantee must contain drawings showing known utility facilities and specifications prepared by a qualified engineer/technician, and letters of no conflict as provided by other utilities having facilities located where the Grantee desires to place its conduit, cable wires, fiber-optics or other facilities. The City's issuance of a permit shall not create in the Grantee any vested rights and shall not be construed as a warranty that the placement of any conduit, cable wires, fiber-optics or other facilities is in compliance with any applicable rules, regulations or laws.

Within forty-five (45) days after completion of each installation, inspection, repair, replacement, relocation or removal of any conduit, cable wires, fiber-optics or other facilities or the completion of other construction as authorized by issuance of a permit, the Grantee shall provide the City with final as-built drawings signed and sealed by a Professional Surveyor and Mapper (as defined in § 472.005, Florida Statutes). The as-built drawings shall also be in the form of an electronic overview map (in autocad, microstation, mapinfo or ESRI format) showing all underground conduit, cable wires, fiber-optics or other facilities.

The Grantee shall produce and maintain a complete set of as-built drawings and electronic overview maps, including, but not limited to, horizontal and vertical profiles of all conduit, cable wires, fiber-optics and other facilities of the System owned or leased by the Grantee in the Public Ways. Within thirty (30) days of any written request by the City Engineer, the Grantee must provide the City with copies of such complete set of as-built drawings and electronic overview maps.

Any conduit, cable wires, fiber-optics or other facilities installed, replaced or relocated by the Grantee without first having obtained the required permits shall be removed within thirty (30) days of written notice by the City to remove the same and in default of compliance with such notice, such facilities may be removed by order of the City's Public Works Department and the cost of removal shall be borne and paid by the Grantee.

All installations shall be underground in those areas of the City where public utilities providing both telephone and electric service are underground at the time of installation. Conduits, cable wires, fiber-optic lines or other facilities of the System shall be placed between the property line and the curb line of all streets and avenues and shall not be within the roadway recovery area. All underground facilities of the System shall have consistent alignment parallel with the edge of pavement, a thirty-six inch (36") depth of cover for and shall have two (2') foot horizontal clearance from other underground utilities and their appurtenances.

In areas where either telephone or electric utility facilities are above ground at the time of installation, the Grantee may, subject to approval of the City's Public Works Director, install its service above-ground; provided, however, that at such time as those facilities are required to be placed underground by the City or are placed underground, the Grantee shall likewise at the same time place its facilities underground without additional cost to the City or any Subscriber served within the City. If the facilities of either the electric or the telephone utility are aerial, the Cable Television facilities may be located underground at the request of a property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request.

In areas of the City where either telephone or electric utility wires or other facilities are above ground and such facilities are moved, either voluntarily or at the direction of the City, to a new pole or other above-ground structure, the Grantee shall likewise move its above-ground Cable Television facilities to such new pole or structure within thirty (30) days after receipt of written notice from either the City or the owner of the new pole or structure, without additional cost to the City or to the individual Subscriber so served within the City.

For attachment to any pole or other above-ground structure, the lowest placement of any cable wire or fiber-optics in the Public Way shall not be less than eighteen (18) feet from the ground. Where applicable, conduit, cable wires, fiber-optics and other facilities shall be installed, operated and maintained in accordance with the National Electrical Code, the National Electrical Safety Code, the Florida Department of Transportation Utilities Accommodation Guide, the State of Florida Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways and the "Safety Rules for the Installation and Maintenance of Electrical Supply and Communication Lines" established by the Department of Commerce, Bureau of Standards of the United States, as each is in force at the time of the respective installation. Notwithstanding, the Grantee shall comply with the standards set forth in the City of Orlando's Engineering Standards Manual adopted by the City Council on June 14, 1993, and prospectively for any future installation, repair, relocation or removal of conduit, cable wires, fiber-optics or other facilities in the Public Way, as such standards, in whole or in part, may be amended from time to time.

Grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on the Public Way or on privately-owned property until the written approval of the appropriate governmental authority, and, if necessary, of the property owner, is obtained. However, no location on any pole or other above-ground structure shall be considered a vested interest of the Grantee and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City or other governmental authority determines that the public convenience would be enhanced thereby.

Where the City desires to make use of the poles or other above-ground structures of the Grantee the City may require the Grantee to permit such use free of charge, if the City determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. This paragraph shall not be construed to require the Grantee to permit the Orlando Utilities Commission to utilize the Grantee's poles or structures free of charge.

Grantee shall remove, replace, or modify at its own expense, the installation of any of its facilities as may be deemed necessary by the City or other appropriate governmental authority to meet its proper responsibilities. If, at any time, the City or other authority of competent jurisdiction reasonably determines that any part of the System is harmful to the health or safety of any Person, then the Grantee shall, at its own expense, promptly correct or eliminate all such conditions. If, at any time, a condition exists that the City or other authority of competent jurisdiction reasonably determines is an emergency that is potentially hazardous or life threatening to any Person or is a threat to the health or safety of the general public, and to remedy such condition the City or other authority of competent jurisdiction reasonably determines that the Grantee must temporarily relocate a specific cable wire, fiber-optics or other facility, then the City, as an appropriate exercise of its police powers, may order the Grantee to immediately perform such temporary relocation until the condition has been remedied, and to do so at its own expense and with out liability to or recourse against the City. In such an emergency, when the Grantee is not immediately available or is unable to provide the necessary immediate relocation, then the City shall have the right to perform, or cause to be performed, such temporary relocation until the condition has been remedied with the total cost being charged to and paid for by the Grantee upon demand.

Within a reasonable period of time from the date of written notice from the City, the Grantee must, as specified in said notice, either relocate or remove, at its own cost and expense, such conduit, cable wires, fiber-optics or other facilities in the event the City determines that such relocation or removal is necessary (a) for the construction, completion, repair, relocation or maintenance of a City project, (b) because the cable wire, fiber-optics or other facility is interfering with or adversely affecting the proper operation of street light poles, traffic signals, or any communications system belonging to the City or an agency thereof or (c) because the cable wire, fiber-optics or other facility is interfering with the City's use of its property, or is interfering with the convenient, safe or continuous use, or the maintenance, improvement, extension or expansion of any Public Way(s). In the event the City issues any such written notice to the Grantee, and the Grantee fails to cause the aforementioned relocation or removal as required herein within a reasonable period of time, the City shall be entitled to relocate or remove such cable wire, fiber-optics or other facility at the Grantee's sole cost and expense, without further notice to Grantee.

All installations in the Public Ways of conduit, cable wires, fiber-optics, equipment, fixtures or other facilities shall be subject to the City Code and other regulations of the City pertaining thereto, and shall be performed with the least possible interference with the use of the Public Ways and the rights and appearance and reasonable convenience of the property owners who adjoin on the Public Way and in compliance with the rules and regulations of the Florida Department of Transportation. The Grantee 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, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any installations by the Grantee in any Public Way shall be in such a manner as not to interfere with the usual travel on such Public Way.

In the event that installations, repairs, relocations or other work to be conducted by the Grantee requires streets or traffic lanes to be closed or obstructed, Grantee must, pursuant to the requirements of existing or subsequently enacted City ordinances, obtain all permits from City, and shall obtain approval of its maintenance-of-traffic plan from the City's Public Works Department.

In the event of disturbance of any sort of any Public Way or private property by the Grantee, due to installations, repairs or otherwise, the Grantee shall, at its own expense and in a manner reasonably acceptable to the City or other appropriate governmental authority or the private owner, as the case may be, restore without delay such Public Way or private property that has been so disturbed to as good a condition as such Public Way was in immediately prior to the work by the Grantee that caused such disturbance. If the Grantee fails to so restore the Public Way, the City's Public Works Department, upon twenty (20) days written notice to the Grantee, may perform such restoration as it deems reasonably necessary and the Grantee shall be charged and required to pay the cost of such restoration. The Grantee shall, to the satisfaction of the City's Public Works Director, maintain any restorations made pursuant hereto for a period of one (1) year following the date of its completion. Failure to comply with this subsection shall be deemed sufficient grounds for denial of any future permits for installations in the Public Way.

The Grantee shall not in any way displace, damage or destroy any sewer, water main, pipe, conduit, wires, fiber-optics or other facilities, or any property belonging to, the City or any third party who placed the same therein by express authority of the City, without the consent of the City. The Grantee shall bear all responsibility and costs for any such conduct where City consent has not been obtained.

The removal, cutting, marring, defacing or destruction of any trees or other vegetation (other than grass) by the Grantee within the Public Way is prohibited, unless the Grantee has obtained all applicable permits from the City, except in cases where normal tree or vegetation trimming is necessary to ensure the safe operation of the Cable Service or to protect the Grantee's cable wires, fiber-optics or other facilities. All such normal tree or vegetation trimming by the Grantee must be performed in accordance with the requirements of existing or subsequently enacted City ordinances and shall be at the Grantee's own expense. All other removal, cutting, marring, defacing or destruction of any trees or other vegetation (other than grass) by the Grantee shall be subject to the supervision and direction of the City or other appropriate governmental authority. If the Grantee either (i) fails to engage in normal tree or vegetation trimming on public property and such failure results in the Grantee's cable wires, fiber-optics or other facilities causing damage or injury to any property or person or (ii) engages in normal tree or vegetation trimming on public property and through such action causes damage or injury to any property or person, then the Grantee, by acceptance of the Franchise, agrees to indemnify, hold harmless, and defend the City for any liability resulting from such damage or injury. The Grantee may contract for such services provided, however, any firm or individual so retained shall receive City approval prior to commencing such activity.

In the event work to be performed by the Grantee requires the obstruction of any City owned or operated, metered parking spaces, the Grantee shall obtain City approval, which shall not be unreasonably withheld, and pay a fee if required to the City as prescribed in any existing or subsequently enacted City Ordinance.

As and when deemed necessary by City Council to be in the interest of the City or its residents, the City may abandon portions of the Public Ways. Such action is within the power of the City in the proper exercise of its municipal authority and may be done without notice to or the consent of any Grantee. The City shall not be responsible for any costs, damages, loss or other expense to the Grantee as a result of abandonment of any Public Way.

Except for acts of willful misconduct or gross negligence and to the extent permitted by applicable law, neither the City nor its officials, boards, commissions, consultants, agents, employees or independent contractors shall have any liability to the Grantee for any claims by the Grantee for any damages, costs, expenses or losses resulting from the City's breakage, removal, alteration or relocation of any part of the System or Grantee's facilities which arises out of or in connection with any emergency or disaster situation, or, when deemed by City Council to be necessary or in the best interest of the public, any public works project, public improvement, alteration of a City structure, change in the grade or line of any Public Way, or the elimination or closing of any Public Way; nor shall any charge be made by the Grantee against the City for the Grantee's damages, costs, expenses or losses related thereto.

In an emergency, as determined by the City, when the Grantee or its representative is not immediately available or is unable to provide the necessary immediate repairs to any conduit, cable wire, fiber-optics or other facility that is damaged or malfunctioning and, in the City's sole discretion, is deemed a threat to public safety, the City, when apprised of such an emergency, shall have the right to remove or make repairs to the same with the total cost being charged to and paid for by the Grantee.

Nothing in this ordinance shall exempt the Grantee from obtaining Engineering Permits pursuant to Part 6B, Chapter 65 of the Orlando City Code for work done within the Public Way. The Grantee is required to pay the appropriate permit fees for such Engineering Permits unless otherwise provided by general or local law. Any such permit fees paid to the City shall be in addition to any franchise fees authorized hereunder, without right of offset, to the extent the City is permitted by law to impose franchise fees.

The Grantee shall at all times comply with the requirements of the Trench Safety Act under Chapter 553, Florida Statutes and the Underground Facility Damage Prevention and Safety Act under Chapter 556, Florida Statutes and shall utilize, and if permissible, maintain membership in the utility notification one call system administered by Sunshine State One-Call of Florida, Inc.

In an effort to minimize the number of facilities within the City's rights-of-way, the disruption of traffic and roadway destruction, the Grantee shall enter into joint use agreements with the City and other parties who are expressly authorized by the City to use its Public Ways provided the terms of such agreements are satisfactory to the Grantee. Nothing herein contained shall mandate that the Grantee enter into joint use agreements with parties other than the City or an agency of the City. The Grantee shall not be permitted to perform construction in those segments of Public Ways where there exists vacant or available conduit, dark fiber or surplus fiber owned by the City, an agency of the City or another governmental body which is or, through a reasonable amount of effort and expense, can be made compatible with the System. Under such circumstances the Grantee shall have the opportunity to enter into a use agreement or lease arrangement with the City or an agency of the City at or below reasonable and prevailing market rates for such conduit or fiber or, where owned by another governmental body, shall, in good faith, first exhaust all means of obtaining use of such conduit or fiber before applying for a right-of-way construction permit from the City.

At all times during the term of any Franchise granted pursuant to this Chapter 25, the rights of the Grantee shall be subject to all lawful exercise of police power by the City, and to such reasonable regulation of the Public Ways as the City shall hereafter by resolution or ordinance provide in the interest of the health, safety and welfare of the public. Any inconsistency or ambiguity between the provisions of this Chapter 25 and any lawful exercise of the City's police power shall be resolved in favor of the latter.

The City, in the proper exercise of its municipal powers and duties with respect to the Public rights-of-way, shall have access at any time to all manholes of the Company in the Public rights-of-way. The City will provide the Company prior notice to afford an opportunity to have trained Company personnel present unless determined by the City to be an emergency situation.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.7, Doc. #33439; Ord. of 8-13-2001, §§ 4.6, 6, Doc. #34000)

Sec. 25.30. - Construction Schedule and Reports.

Upon accepting the Franchise, Grantee shall, within sixty (60) days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business, and shall submit monthly reports to the City on progress in this respect until all such documents are in hand. Failure of the Grantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall constitute a substantial violation of this ordinance.

The Grantee shall commence construction of the cable System within six (6) months after the date of the executed acceptance by the Grantee of its initial Franchise and shall complete construction of the System and offer and be capable of delivering Cable Service in full accordance with this ordinance and the Franchise granted hereunder to Subscribers in not less than thirty-three and one-third percent (33⅓%) of the occupied dwelling units in the service area within twelve (12) months after commencing construction or FCC approval, whichever is later, and shall be capable of delivering service to an additional thirty-three and one-third percent (33⅓%) of the occupied dwelling units in the service area in each succeeding twelve (12) month period thereafter, or such lesser periods as shall be specified in the Franchise Agreement. Failure of the Grantee to commence construction within six (6) months of the date of acceptance of the Franchise shall be grounds for revocation of the Franchise. For the purpose of this section, construction shall be deemed to have commenced when the first aerial stand cable has been attached to a pole, or the first underground trench has been opened.

Notwithstanding anything provided herein, however, no Grantee shall be required to extend Cable Service to an area which is already served by another franchised Grantee. The areas already served by another franchised Grantee shall not be included in the calculation of the construction schedule provided in paragraph B above.

The areas within the Franchise Area with a residential density of less than fifty (50) units per cable mile shall not be included in the calculation of the construction schedules provided in paragraph B above, unless the Grantee elects to serve such area.

The Franchise applications shall include a timetable showing the percentage of occupied dwelling units and location within areas of the City currently without Cable Service that will be capable of receiving Cable Service each year of construction. Said timetable shall be incorporated into the Franchise and shall be enforceable as to the Grantee under the provision of this ordinance.

Each Grantee shall fill all requests for Cable Service and installation, once facilities are in place, consistent with the foregoing schedule for service, within seven (7) business days after the date of each request. A record of all service requests shall be kept for at least one (1) year and shall be available for public inspection at the local office of the Grantee during regular office hours.

Within three (3) months after accepting an initial Franchise, Grantee shall furnish the City a construction schedule and map setting forth target dates by areas for commencement of service to Subscribers. The schedule and map shall be updated whenever substantial changes become necessary or additional information is known.

Every three (3) months after the start of construction, Grantee shall furnish the City a report on progress of construction until complete. The report shall include a map that clearly defines the areas wherein service is available.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.31. - Protection of Privacy.

The Grantee shall comply with the protection of subscriber privacy provisions as contained in the Cable Act.

The Grantee shall not condition the provision of Cable Service to any Person on the grant of permission by such Person to the disclosure of information which, pursuant to federal or state law, could not otherwise be disclosed without the subscriber's consent. The Grantee shall not impose any penalties or extra charges on subscriber's not granting such consent.

Unless otherwise permitted by federal or state law, neither the Grantee nor its agents, employees or affiliates shall, without the prior and specific written authorization of the subscriber involved, sell or otherwise make available for commercial purposes the name, address or telephone number of any subscriber, or any information that identifies the individual viewing habits of any subscriber.

Notwithstanding any other remedies provided for in this ordinance, or otherwise available under law, repeated, intentional violations of the Protection of Subscriber Privacy provisions may be grounds for revocation of a Franchise granted hereunder.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.8, Doc. #33439)

Sec. 25.32. - Prohibition from Engaging in Radio and Television Sales or Service.

The Grantee is specifically prohibited from, directly or indirectly, engaging in the sale, service, rental, or leasing of television receivers, specifically including large screen and projection TV and video monitors which function as a part of a home entertainment system, anywhere in the City whether for a fee or charge or not. This shall not restrict, however, Grantee from servicing those accessories necessary to provide Cable Service to the consumer. Each Grantee shall prohibit its officers, agents and employees from violating the terms of this prohibition whether in the performance of duties of the Grantee or otherwise.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.33. - Area-Wide Interconnection of Cable Systems.

A Grantee, if requested to do so by the City, shall consider interconnecting Access Channels and/or local origination channels of its Cable Television System with any or all other cable systems providing service in adjacent areas.

Upon receiving a request to interconnect, the Grantee shall make a good faith effort to obtain agreements for the sharing of interconnection costs among all interconnecting companies. The Grantee does not have to interconnect, if the Grantee has made a good faith effort but has been unable to obtain a reasonable interconnection agreement or if the cost of the interconnection would cause an unreasonable increase in Subscriber rates.

A Grantee shall cooperate with any entity established for the purpose of regulating, financing, or otherwise providing for the interconnection of Cable Television System's access channels.

The City may require a new Grantee to provide local origination equipment that is compatible with that used by other cable systems which are operating in the City or within the adjacent areas.

The City shall make every reasonable effort to cooperate with franchising authorities in contiguous communities, and with the Grantee, in order to provide Cable Service in areas outside the City.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

ARTICLE VII. - GENERAL PROVISIONS

Sec. 25.34. - Limits on Grantee's Recourse.

Except as expressly provided in the Cable Act, this ordinance or the Franchise Agreement, the Grantee shall have no recourse against the City and the City, its officials, agents and employees shall have no liability for any loss, expense or damage resulting from the terms and conditions of this ordinance or the Franchise because of the City's enforcement, or lack of enforcement, thereof, including any losses, expenses or damages which may arise from the regulation of Basic Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, assignment or amendment of a Franchise. Any relief, to the extent permitted by Federal, State or local law, shall be limited to injunctive and declaratory relief. The Grantee expressly agrees that upon its acceptance of the Franchise it does so relying upon its own investigation and understanding of the power and authority of the City to grant said Franchise.

The Grantee, by accepting the Franchise, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the City or by any third person regarding any term or condition not expressed in this ordinance or the Franchise Agreement. The Grantee further pledges that no promise or inducement, oral or written, has been made to any City employee or official regarding receipt of the Cable Television Franchise.

The Grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this ordinance and accepts without reservation the obligations imposed by the terms and conditions herein.

The decision of the City concerning Grantee selection and awarding of the Franchise shall be final.

The Grantee shall not apply for any waivers, exceptions, or declaratory rulings on or relating to this ordinance or the Franchise from the Federal Communications Commission or any other federal or state regulatory agency without prior written notice to the City.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.35. - Compliance with State and Federal Law.

The Grantee shall, at all times, comply with all laws of the City, state and federal government and the rules and regulations of any federal or state administrative agency.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 12-20-1993, Doc. #27118; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.36. - Special License.

The City reserves the right to issue a license, easement, or other permit to anyone other than the Grantee to permit that Person to traverse any portion of the Grantee's Franchise Area within the City in order to provide service outside the City. Such license or easement, absent a grant of a Franchise in accordance with this ordinance, shall not authorize nor permit said Person to provide a Cable Service of any nature to any home or place of business within the City, nor to render any service or connect any Subscriber within the City to the Grantee's Cable Television System.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.37. - Franchise Validity.

The Grantee agrees, by the acceptance of the Franchise, to accept the validity of the terms and conditions of this ordinance and the Franchise in their entirety and that it will not, at any time, proceed against the City in any claim or proceeding challenging any term or provision of this ordinance or the Franchise Agreement as unreasonable, arbitrary or void, or that the City did not have the authority to impose such term or condition.

In case of ambiguity between this ordinance, the Franchise Agreement, and the Grantee's Franchise applications, the Grantee agrees that the provision which provides the greatest benefit to the City, as determined solely by the City, shall prevail.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.38. - Failure to Enforce Franchise.

The Grantee shall not be excused from complying with any of the terms and conditions of this ordinance or the Franchise Agreement by any failure of the City, upon any one or more occasions, to insist upon the Grantee's or any other Grantee's performance or to seek Grantee's or any other Grantee's compliance with any one or more of such terms or conditions.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.39. - Rights Reserved to the City.

The City hereby expressly reserves the following rights:

To exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested in or granted to the City.

To adopt, in addition to the provisions contained herein and in the Franchise Agreement and in any existing applicable ordinances, such additional reasonable regulations as it shall find necessary in the exercise of its police power.

To renegotiate the Franchise granted pursuant to this ordinance should substantial section(s) of the ordinance be rendered void by the Federal Communications Commission or by subsequent changes in applicable federal or state laws.

To grant additional Franchises to other Grantees in accordance with this ordinance. The City will not grant any Franchises with terms or conditions other than as set forth herein without first giving notice to all existing Grantees of the proposal to grant a Franchise with different terms or conditions and giving all existing Grantees the right to comment and be heard on such proposals. In the event the City does grant a Franchise under different terms or conditions from those set forth herein, then all existing Grantees shall be given the option to have their Franchises amended to include the changed terms or conditions.

To exercise the power of eminent domain, consistent with applicable federal and state law, to acquire property that may include that property owned or leased by the Grantee for its Cable Television System.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.9, Doc. #33439)

Sec. 25.40. - Employment Requirement.

The Grantee shall be required to establish an equal opportunity program which will ensure equal opportunity for employment of females and minorities in all phases of its operation. This program shall be in accordance with the guidelines of the FCC and other applicable federal agencies.

The Grantee shall strictly adhere to the Equal Employment Opportunity regulations of the Federal Communications Commission and to all federal, state, and local laws and Executive Orders pertaining to discrimination, equal employment opportunity, and affirmative action.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.41. - Time Essence of Agreement.

Whenever this ordinance or the Franchise Agreement sets forth any time for any act to be performed by or on the behalf of the Grantee, such time shall be deemed of the essence and the Grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the City to invoke the remedies available under the terms and conditions of this ordinance and the Franchise Agreement.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.42. - Acceptance.

This ordinance and the Franchise Agreement and their terms and conditions shall be accepted by the Grantee by written instrument filed with the City within thirty (30) days after the granting of the Franchise, unless said period is extended by the City at its sole discretion. In its acceptance, the Grantee shall declare that it has carefully read the terms and conditions of this ordinance and the Franchise Agreement and accepts all of the terms and conditions imposed by this ordinance and the Franchise Agreement and agrees to abide by same.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.43. - Publication Costs.

The cost of publication of this ordinance and the Franchises as such publication is required by law is included within the application fee and Grantee shall not be required to pay any additional publication costs.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.44. - Landlord/Tenant Relations.

Interference with Cable Service Prohibited. Subject to applicable property rights, neither the owner of any multiple unit residential dwelling nor his agent or representative shall interfere with the rights of any tenants or lawful residents thereof to receive Cable Service, cable installation or maintenance from a Cable Television company regulated by and lawfully operating under a valid and existing Cable Television Franchise issued by the City; provided, however, the City may establish necessary rules and standards it deems appropriate to protect the property rights of landlords and tenants.

Gratuities and Payments to Permit Service Prohibited. Other than payments for just compensation and actual costs incurred, neither the owner of any multiple unit residential dwelling nor his agent or representative shall ask, demand, or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of a Cable Communication System to the dwelling unit occupied by a tenant or resident requesting service.

Penalties and Charges to Tenants for Service Prohibited. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall knowingly penalize, charge or surcharge a tenant or resident, or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communications service from a Grantee operating under a valid and existing Franchise issued by the City. Any person convicted or violating any provision of this section is subject to a fine of not more than Five Hundred Dollars ($500.00) for each offense.

Reselling Service Prohibited. No Person shall resell, without the expressed, written consent of both the Grantee and the Mayor, or Designee, any Cable Service, program or signal transmitted by a Cable Television System operating under a Franchise issued by the City.

Protection of Property Permitted. Nothing in this section shall prohibit a Person from requiring that Cable Television System facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.

Risks Assumed by Grantee. Nothing in this section shall prohibit a Person from requiring a Grantee to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance, repair or removal of Cable Television facilities.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.45. - Liquidated Damages.

In addition to any other rights or remedies available at law or equity or as provided under this Chapter 25 or the Franchise Agreement, the City shall have the power to impose the following monetary liquidated damages in the event the Grantee violates any provision of this Chapter 25, the Franchise Agreement, or any applicable law, order, rule or regulation. Grantee is required to pay City the monetary liquidated damages within ten (10) days from the date of written notification for payment thereof in accordance with the schedule set forth below. Any such liquidated damages shall be recoverable from the performance bond, or letter of credit at the option of the City.

Failure to obtain a permit for installation of facilities or equipment in the Public Way, or a violation of any permit condition - up to One Hundred Dollars ($100.00) per occurrence.

Failure to commence or complete construction and installation of System within proper time - up to One Hundred Dollars ($100.00) per day.

Failure to properly restore the Public Way after installation of facilities or equipment - up to One Hundred Dollars ($100.00) per day.

Failure to adhere to the permitting, inspection and installation requirements - up to One Hundred Dollars ($100.00) per occurrence.

Failure to remove or relocate, either temporarily or permanently, facilities or equipment as required pursuant to this Chapter 25 - up to One Hundred Dollars ($100.00) per day.

Failure to correct or eliminate harmful conditions or to temporarily relocate facilities as required under subsection 25.29.K - Five Hundred Dollars ($500.00) per occurrence.

Failure to move above-ground facilities or equipment to new poles or other above-ground structures as required pursuant to this Chapter 25 - up to One Hundred Dollars ($100.00) per day.

Failure to provide or maintain the required insurance - up to Five Hundred Dollars ($500.00) per occurrence.

Failure to supply data required under this ordinance in connection with installation, construction, customers, finances or financial reports, or rate review - up to One Hundred Dollars ($100.00) per day.

10.

Failure to respond to Subscriber complaints within the proper time, unless good cause is shown or a correlating specific dollar credit has been applied to the Subscriber's account for such failure - up to One Hundred Dollars ($100.00) per day.

11.

Failure to comply with any other material obligation contained in this Chapter 25 or the Franchise Agreement - up to One Hundred Dollars ($100) per day.

The Grantee shall have thirty (30) days subsequent to receipt of notice to correct the alleged violation. If after thirty (30) days, the Grantee has failed to correct the alleged violation, the City's Chief Administrative Officer shall determine if the Grantee has actually committed the alleged violation and shall set forth with reasonable specificity the circumstances and the nature of the alleged violations(s). If a violation is found, the damages imposed above shall be deemed to have begun to accrue from the fifteenth day following the date the notice of violation was received and shall continue to accrue until such time as the violation is corrected or otherwise resolved to the satisfaction of the Chief Administrative Officer. The Grantee shall have thirty (30) days from the date of the Chief Administrative Officer's decision to file a written request with the Chief Administrative Officer petitioning the City Council for review of the violation finding(s). If the Grantee timely files such a written request, the City Council shall review the decision at a public hearing at which interested parties may be heard, and thereafter approve it, modify it, or disapprove it.

It is the intent of the City to impose the applicable above referenced assessments as a reasonable estimate of the damages suffered by the City and/or the Subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages too difficult to measure. The City Council reserves the right to amend the assessment amounts or to adopt further assessments for violations not specifically set forth in subsection 25.45A.

The procedure, rights and remedies set forth in this section are not exclusive. Alternative remedies that are not set forth in this section may be pursued simultaneously or subsequently. Utilization by the City of the liquidated damages provisions set forth in this section shall not constitute a waiver of any such alternative remedies.

Nothing herein shall be construed as affecting in any manner whatsoever the rights of third parties to any relief available for damages or injury suffered as a result of alleged violations of this Chapter 25.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.10, Doc. #33439; Ord. of 8-13-2001, § 7, Doc. #34000)

Sec. 25.46. - Ordinance Violations.

It shall be unlawful for any Person to attach or affix or cause to be attached or affixed any equipment or device which allows access to or use of the Cable Service without payment to the Grantee for same, and each such equipment or device shall be deemed a separate offense. Any Person violating this section shall be guilty of violating Section 43.30 of the Orlando City Code by violating Florida Statutes § 812.15.

The following acts shall be deemed ordinance violations under this ordinance: willful action or inaction by Grantee as described in Section 25.11A; arbitrary of capricious action by a Grantee as described in Section 25.12; willful failure by a Grantee to comply with the laws, rules, or regulations described in Section 25.26A; and monitoring by a Grantee of the Channel selection or a signal from Subscriber's premises in violation of Section 25.31. Persons, whether natural or artificial, or commercial entities who commit the violations described herein shall be subject to a fine not to exceed One Hundred Dollars ($100.00) for each offense; each day of said violations shall constitute a separate offense.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.47. - Grantee May Promulgate Rules.

Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this ordinance and the rules of the FCC, and to assure uninterrupted service to each and all of its Subscribers. Such rules and regulations shall not be deemed to have the force of law.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.48. - Delegation of Powers.

Any delegable right, power, or duty of the City, the Council, the Designee, or any official of the City under this ordinance may be transferred or delegated by resolution of the Council to an appropriate officer, employee, department of the City, or any other legal authority. Notwithstanding the foregoing, whenever a provision appears requiring the Mayor to do some act, it is to be construed to authorize the Mayor to designate, delegate, and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)

Sec. 25.49. - Grandfather Clause.

Notwithstanding anything to the contrary contained in this Chapter, the Cable Television operator who holds an existing Cable Television Franchise and is operating a Cable Television System pursuant to such Franchise at the time of enactment of any ordinance amending this Chapter, may, unless otherwise agreed to in the Franchise Agreement, continue to operate under the terms of the ordinance in existence at that time until the expiration of the existing Franchise, not including any renewal or extension thereof.

The existing franchise holder, however, may renew the Franchise under the terms of this Chapter prior to the expiration of its current Franchise. The existing franchise holder shall supply so much of the application information as requested by the City to update or supplement the information already on file with the City and shall provide a construction schedule for those areas of the City currently without Cable Service which have a residential density of more than fifty (50) units per cable mile. In the event the existing franchise holder elects to renew its Franchise under terms of this Chapter then the existing franchise holder shall be subject to all the terms and conditions contained in this Chapter after the filing of the written acceptance in accordance with Section 25.42 of this Chapter.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.11, Doc. #33439)

Sec. 24.33. - Additions to NFPA 1, Chapter 65 Explosives, Fireworks, and Model Rocketry. Chapter 26 - FRANCHISES