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Home My WebLink About810387.tiff BOO )55 RECEPTION 18 '11i' ,J.) DATt 14 198; TIME3�p"'7 MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colorado- ORDINANCE NO. 94 AN ORDINANCE RELATING TO CABLE TELEVISION FRANCHISES . c: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO : o WHEREAS , the County has been approached by prospective Cable Television operators and it is anticipated that formal proposals for serving the County with Cable Television service have or will be made, and WHEREAS , there exists a need for regulation of Cable Televi- sion service available within the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of the County of Weld, State of Colorado, that : CABLE TELEVISION FRANCHISES DEFINITIONS : For the purpose of this Ordinance, the following terms , phrases , words and their derivations shall have the meanings given herein. When not inconsistent with the context , words used in the present tense include the future, words of the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning. A. "Access channels" means those channels set aside for specific access purposes , including, but not limited to , the following : (1) "Public access channel" means a specially designated non-commercial public access channel available on a first-come, non-discriminatory basis for which the sys- tem shall maintain and have available for free public use at least the minimal equipment and facilities necessary for the production of programming for such a channel. (2) "Education access channel" shall mean a specially designated channel for use by local educational authorities . (3) "Local government access channel" means a specially designated channel for local government use. 810387 �' 1 1 A 1x'76999 BOOK.955 RECEPTION Grp.a � (4) "Leased access channel" means portions of the system' s non-broadcast bandwidth including unused portions of the specially designated channels for leased access services . B. "Additional subscriber service" or "additional service" means any communications service, other than basic service, provided by the grantee to its subscribers , directly or as a carrier for its subsidiaries , affiliates , or any other person engaged in communication services , including, but not limited to, pay television signals , data or other electronic intelligence transmission, meter reading, and home shopping. C. "Annual gross receipts" shall mean any and all compensation, revenue, and other consideration, derived directly or indirectly, in any form whatsoever, by a franchisee, its affiliates , subsidiaries , parents , from, or in connection with, the operation of the Cable Television system, with no deductions whatsoever. D. "Applicant" shall mean the natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind which applied for a franchise for Cable Television to be regulated hereunder. E. "Application" includes all written proposals , in whatever form, made by the applicant to the County concerning construction, rendition of services , maintenance, or any other matter pertaining to the Cable Television system contemplated herein. F. "Basic service" shall mean all subscriber services provided by the company, including the delivery of broadcast signals , covered by the regular monthly charge paid by all subscribers , excluding additional service, for which a separate charge is made, and shall include, but not be limited to, the following : -2- BOOK 955 RECEPTION 1876999 So-3 (1) All signals of over-the-air television broadcasters as required by the F. C. C. to be carried by a community antenna television system as defined by the F. C.C. ; and (2) channels designated for special purposes by the Council or its designate; and (3) public, educational , local government , local organization, and leased access channel signals ; and (4) additional service as proposed by the company in its application, or as it may hereafter provide. G. "Cable Television system, " "CATV system," or "Community Antenna Television" shall mean a system of antenna, cables , wires , lines , towers , wave guides, or other conductors , converters , equipment or facilities , designed and constructed for the purpose of producing, receiving , transmitting, amplifying and distributing electrical signals, located in the permit area. H. "Cable Television service" means the delivery by the company to television receivers , or any other suitable type of audio/video communication receivers , to all subscribers within the permit area of the County of all signals of over-the-air television broadcasters allowed by the F. C.C. to be carried by the television system as defined by the F. C. C. ; all F/M radio stations carried on the system; local origination channels; educational channels ; public access channels ; leased access channels ; pay television channels ; and other services provided for in this Ordinance and the company' s application. I. "Channel" shall mean a band of frequencies six (6) megahertz (MHz) wide in the electro-magnetic spectrum which is capable of carrying either one audio/video television signal or a number of nonvideo signals . J. "County" means the County of Weld, a Home Rule County, of the State of Colorado. -3- BOOK!! RECEPTION 1876999 , K. "Board of County Commissioners" shall mean the present governing body of the County or any successor to the legislative powers of the present Board of County Commis- sioners . L. "Company" means that permittee awarded a permit pursuant to this Ordinance for purposes of operating a cable television system with the County or the successor, transferree or assignee of the original applicant for such franchise. M. "Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by use of an appropriate channel selector, also permits a subscriber to view all signals included in a basic service delivered at designated converter dial locations . N. "Easement" shall be limited to those rights-of-way owned by the County, the terms , conditions or limitations upon which are not inconsistent with the erection, construction or maintenance of a CATV system, its structures or equipment . 0. "Equipment and apparatus" means manholes , underground conduits , poles , cables, boxes , wires , fixtures , conductors , or other facilities necessary, essential or used or useful to and operated by the cable television system. P. "F. C. C. " means the Federal Communications Commission of the United States Government or its lawful successor. Q. "Fair market value" shall mean the price that a willing buyer under no compulsion to buy would pay to a willing seller under no compulsion to sell. R. "Franchise" shall mean the non-exclusive rights granted pursuant to this Ordinance to construct and operate a Cable Television system along the streets , alleys , and public ways of the County. S . "Gross revenue" means any and all revenue derived directly or indirectly by the company, from or in -4- BOOK 95`5 RECEPTION 18 76999 _ so-5- connection with the operation of the Cable Television system. All revenues shall include, but not be limited to, basic subscriber services monthly fees , pay cable fees , leased channel fees , converter rentals , studio rental, production equipment and personnel fees , and advertising revenues ; and shall not include any taxes on services furnished by the company, imposed directly upon any subscriber or user by the State, County or other governmental unit and collected by the company on the behalf of said governmental unit , and shall not include refunds or credits to subscribers . T. "Initial service area" shall mean all that area within the boundaries of the permit area as it may be changed from time to time, having at least fifty (50) dwelling units per street mile, and as set forth in the company' s application. U. "Installation" shall mean the connection of the system from feeder cable to subscribers ' terminals. V. "Party" means any person, firm, partnership, association, corporation, company, or organization of any kind. W. "Programmer" means any person who is or who produces or otherwise provides program material for transmission by audio, video , digital , or other signals , either live or from recorded tapes , to subscribers by means of the Cable Television system. X. "Property of the company" means all property, real or personal, owned, installed, or used within the permit area by the company in the conduct of the Cable Television system business under the authority of a franchise granted pursuant to this Ordinance. Y. "Public property" is any real property owned by the County other than a highway, sidewalk, easement or dedication. Z. "Public notice" shall mean, unless otherwise defined herein, minimum public notice of any County public -5- BOOKA55 RECEPTION 18'76999 so-` meeting relating to this Ordinance or to any CATV franchise granted pursuant to this Ordinance and shall be by publication at least once in a local newspaper of general circulation at least ten (10) days prior to the meeting and commencing on the fifteenth day prior to the meeting, company shall notify its subscribers of the meeting by announcement on at least one (1) channel of its CATV system between the hours of 7 : 00 p.m. and 9 : 00 p.m. for ten (10) consecutive days. AA. "Return signals" means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the cable communications system. May include "Class IV Channels" as defined by the F. C. C. BB. "Service" shall mean all communications , maintenance, repair, and installation services provided by the company, including the delivery of broadcast signals and programming covered by the regular monthly charge paid by all subscribers , including such standard type of service that is normally furnished by CATV companies for a regular monthly charge and such additional communi- cations services as are furnished as a part of the cable communications system in the way of two-way, return path services . CC. "State" shall mean the State of Colorado. DD. "Street" shall mean the surface of and the space above and below any public street , road, highway, freeway, land, path, public way, or place, alley, court , sidewalk, boulevard, parkway, drive, or other easement now or hereafter held by the County for the purpose of public travel, and shall include such other easements or rights-of-way as shall be now held or hereafter held by the County which shall , within their proper use and meaning, entitle the County and the company to the use thereof for the purpose of installing or transmitting -6- BOOK.k 5 RECEPTION...1S202 ._ 30 • ? signals over poles , wires , cables , conductors , ducts , conduits , vaults, manholes , amplifiers , appliances , attachments and other property as may be ordinarily necessary and pertinent to a Cable Television system. EE. "Subscriber" or "user" shall mean any person or entity receiving for any purpose any service of the company including, but not limited to, the conventional Cable Television system service of retransmission of television broadcast, radio signals , company' s original broadcasting, and the local government , educational, public access , and leased channels and other services , including, but not limited to, the leasing of channels , data and facsimile transmission, pay television, and police, fire and similar public service communication and services associated with the production and presentation of access channel programming. FF. "System" means the broadband communications facility which is to be constructed, operated, and maintained by the company. GG. "Two-way capability" shall mean the technical capacity for non-voice return communications . GRANT, ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE A. The franchise for CATV service granted by the County pursuant to this Ordinance shall grant to the company the right and privilege to erect , construct , operate and maintain in, upon, along, across , above, over and under the highways , sidewalks , easements, dedications and other public property now in existence and as may be created or established during its term, any poles , wires, cable, underground conduits, manholes , and other television conductors and fixtures necessary for the maintenance and operation of the CATV system for the interception, sale, transmission, and distribution of television programs and other audio/visual electrical -7- BOOK.b!5 RECEPTION...1817699.9 fa-t signals and the right to transmit the same to and from the inhabitants of the County on the terms and conditions hereinafter set forth. Existing utility poles of other utilities may be used only if written approval from such utility is obtained and approved by the Board of County Commissioners. B. Any franchise granted and regulated hereunder, together with the rights , privileges and authority granted thereby shall take effect and be in force from and after the effective date of the granting of the franchise and after the company has : (1) Filed with the County Clerk and Recorder an unconditional acceptance of the franchise grant and enter into and execute such documents as required by the County consistent with the terms and provisions of this Ordinance. Said acceptance shall be in a form as prescribed by the County and shall contain provisions that the company, by its acceptance, agrees to provide all services specifically set forth in its application to provide CATV service within the confines of the permit area and further, that its application is incorporated by reference and made a part of the franchise and this Ordinance. In the event of conflict between such proposals and the provisions of this Ordinance, that provision which provides the greatest benefit to the County, in the opinion of the Board of County Commissioners , shall prevail. Any acceptance filed by the company pursuant to this section shall be in writing , duly executed and sworn to by or on behalf of the company, before a Notary Public or other authorized by law to administer oaths . (2) File certificates of insurance as set forth in the Section entitled "Liability and Insurance" herein. -8- BOOK 955 RECEPTION 1876999 (a -1 (3) File such bonds , letters of credit , and other sureties as required in the Sections entitled "Letter of Credit/Cash Deposit" and "Construction Bond. " (4) Reimburse the County for the remaining balance of any costs incurred in conducting a public hearing in determining the grant of any franchise for CATV service. (5) Pay to the County an advance franchise fee of $500. 00 to be credited against sums due under the Section of this Ordinance entitled "Application. " C. In the event the company fails to comply in full with paragraph B of this Section, then it shall be conclusively considered that the company has abandoned its application and rights to such grant and award of the franchise, and any such rights that the company may have acquired under this Ordinance or the grant of the franchise shall immediately terminate, and the company shall have no right , privilege or authority whatsoever under this Ordinance. In the event the company has paid the initial franchise fee as required in paragraph B above, such fees shall be refunded to the company if the company has otherwise complied with said provisions . If it has not, the aforesaid costs of awarding the franchise shall be deducted therefrom and the balance refunded. D. The company shall have no recourse whatsoever against the County for or on account of any loss , cause, expense or damage arising out of any provisions or requirements of this Ordinance and/or the grant of any franchise by the County. E. The company, by acceptance of any franchise awarded pursuant to this Ordinance acknowledges that it has relied upon its own investigation and understanding of -9- 955 18 761999 BOOK 955 the power and authority of the County to grant such a franchise. F. It shall be the overriding duty of the company receiving the franchise to take advantage of any new developments in the field of transmission of television and radio signals which would afford the company an opportunity to be more efficient , or to more efficiently and economically serve its customers so that , at all times , said Cable Television system shall be no less advanced that any other system of comparable size, excepting only systems which are experimental, pilot or demonstration. It shall be the policy of the County that the CATV system shall, as practicable, maintain the current state of the art as it regards CATV, and this Ordinance may be amended when, in the opinion of the County, such amendment is necessary to facilitate the adoption and promotion of the use of new developments in the industry. CATV FRANCHISE REQUIRED No CATV system shall be allowed to occupy or use the right- of-way of the County or be allowed to operate without a CATV franchise. AUTHORITY NOT EXCLUSIVE The right to use and occupy said streets for the purposes herein set forth shall not be exclusive, and the County reserves the right to grant a similar use of said streets to any person at any time during the period of this franchise. APPLICATION A. Applications for franchise for Cable Television service pursuant to this Ordinance shall be filed with the County Clerk and shall at least contain the following : (1) The name and business address of the applicant , date of application, and signature of the applicant or appropriate corporate officers . -10- BOOKg55 RECEPTION 1871;999 go- II (2) The application shall contain a general description of the applicant ' s proposed operation including, but not limited to : business hours, operating staff, maintenance procedures , management and marketing staff compliment and procedures , rules of operation for public access, a statement of services to be provided, a description of the system design, and proposed programming. (3) A statement setting forth a description of any automated services proposed as well as a description of the production facilities to be made available by the applicant for public, municipal and educational access channels . (4) A statement explaining any assistance, in terms of personnel , equipment or capacity, to be designated for the programming or programming assistance for the public, educational and governmental access channels . (5) A statement of the applicants proposed rates in conformity with this Ordinance. (6) A description of the applicant ' s organization and structure including: (a) If the applicant is an individual, partnership, or unincorporated association, it shall state the names and addresses of all persons (including corporations) having a proprietary or equitable interest in and to the prospective franchise, if awarded. The term "equitable interest" shall include all assignments for value as well as all contingent assignments of any right or privilege under the prospective franchise, and shall also include any benefit , payment or emolument whatsoever resulting from the grant of a franchise by the County. -11- BOOK 965 RECEPTION 1876999 So- 12' (b) If the applicant is a non-public corporation, the application shall state additionally, the names and addresses of the officers , directors and shareholders of said corporation, together with the number of shares held by each shareholder, the date of incorporation, the date of the last annual report , and a statement as to whether or not the corporation is licensed to do business in the State of Colorado. (c) If the applicant is a publicly held corporation as defined by the Rules and Regulations of the Securities and Exchange Commission, the statement shall contain the states in which incorporated and/or qualified to do business, the names and addresses of the officers and directors of the corporation, the names and addresses and number of shares owned by all stockholders , both nominal and beneficial, owning one percent (1'/) or more of the outstanding stock of the applicant. (d) A full disclosure of the ownership of the facilities to be used in rendering the service. (7) A statement describing all intra-company relationships of the applicant , including parent , subsidiary or affiliated companies . (8) A statement setting forth all agreements and understandings , whether written or oral, existing between the applicant and any other person, firm, group, or corporation with respect to any franchise awarded and the conduct of the operation thereof existing at the time the application is made. (9) Audited financial statements for the applicant ' s two latest fiscal years unless the applicant has not been in existence for at least two (2) years , -12- Clbar 1896999 BOOKfl— RECEPTION ..„.. So-I) in which case the applicant shall furnish audited financial statements for such lesser period of time covering the period that the applicant has been in existence. If the applicant is a partner- ship, audited financial statements shall include copies of the "Federal Partnership Income Tax Return" for its latest two (2) fiscal years or such lesser period of time that said partnership has been in existence. (10) A technical description of the type of network proposed by the applicant , including, but not limited to, network configuration (i. e. , hub) network capacity, two-way operation capability and service to be provided and a description of the studio or studios , studio equipment, planned hours of operation and hours of availability, if any, that will be made available to governmental, public and/or educational institution or agencies . (11) A statement from the applicant ' s senior technical staff member, or consultant , advising that he/she has reviewed this Ordinance and that the applicant ' s planned network and operations thereof will meet all of the requirements set forth herein. (12) A statement of existing franchises held by the applicant indicating, with particularity, when the franchises were issued or awarded and when the systems were constructed together with the name, address and phone number of a governmental official knowledgeable of the applicant and its performance in each such franchise area. (13) A statement as to whether the applicant or any of its officers or directors has , in the past , been convicted of any felony. (14) A statement detailing the prior CATV experience of the applicant including that of the applicant ' s -13- BOOK RECEPTION 1876999 so -IV officers , management and staff to be associated with the proposed operation. (15) If an application is for renewal of the franchise, the proposal must include, in addition to the information required in subsections (1) through (14) , above: (a) A summary of the technical , financial and programming history of the network since the granting of the original franchise. (b) A statement and time table that outlines all proposed changes , expansion or improvements in the network as to services , programming or technical specifications during the forth- coming ten (10) year period. (16) A description of the boundaries of the proposed area of service. B. The County reserves the right to require such supple- mentary, additional or other information that it deems reasonably necessary for its determination under this Ordinance. C. Notwithstanding any other requirement , each applicant for a CATV franchise must accompany, with its application, a certified check for $500. 00 made payable to the County of Weld, Colorado. No application for a franchise will be considered without the accompaniment of said check. (1) All checks received will be deposited to an account of the County and will serve to recover all expenses incurred by the County in granting the franchise. Said expenses shall include, but not be limited to, consultants ' expenses , reasonable value of services performed by the County' s employees , agents or contractors , and the cost of elections or otherwise, for the granting of said franchise. -14- BOOK955 RECEPTION 186999 In addition, the applicant shall pay all advertising and publication charges incurred by the County. (2) Any funds remaining after all expenses have been paid will be refunded equally to the applicant . The County shall not guarantee any amounts to be refunded. (3) In the event that the expenses exceed the total amount of the fees collected for the applicant , then the company shall pay to the County the excess amount within thirty (30) days of the award of the franchise, as certi- fied to the company by County. TIME IS OF THE ESSENCE Whenever this Ordinance shall set forth any time for any act to be performed by or on behalf of the company, such time shall be deemed to be of the essence, and any failure by the company to perform within the time set forth shall constitute a material breach of the terms of this Ordinance and shall entitle the County to invoke all penalties and remedies prescribed in this Ordinance as well as all other legal or equitable remedies available to the County. FRANCHISE TERRITORY The company shall not be required hereunder to extend its service to any area unless there exists in that area a potential of at least fifty (50) dwelling units per street mile. When the potential of fifty (50) dwelling units per street mile does not exist, the company shall make a charge for installation at actual cost , including labor and material , for cable extension, for servicing this portion of the system. LOCAL BUSINESS OFFICE; SERVICE MAINTENANCE STANDARDS AND COMPLAINT PROCEDURES A. The company shall maintain a local business office -15- 955 1876999 BOOK.—._.., RECEPTION..._..... S'o,/ b within five (5) miles of the permit area for the purpose of receiving inquiries , complaints and requests for repairs or adjustments from its customers and the general public. Said office shall also be operated so that complaints and requests for repairs or adjustments may be received and processed with a minimum delay. Provisions shall also be made for telephonically receiving service interruption call on a twenty-four (24) hour basis on a non-toll line. B. The company shall maintain a repair and maintenance crew capable of responding to subscriber complaints and requests for service at normal service intervals . When the basis of the complaint is a defect or problem existing in company-owned, installed, or maintained equipment , there shall be no charge to the subscriber for this service. Normal service interval, for purposes of this Ordinance, shall mean the period between the time that the company is notified by the subscriber of a service deficiency and the third close of business following the receipt of such notice provided that the subscriber or his representative is available, during the period, at the premises . This provision shall not apply to new requests for service until initial construc- tion of the system is substantially completed. C. Any verbal, telephone or written complaint relating to the quality or continuity of service shall be attended to within a normal service interval. In the event that such complaints are not responded to or that service is not restored to the levels required by the F. C. C. or by the terms of this Ordinance during said normal service interval , the subscriber shall be entitled to a rebate of one-fifteenth (1/15) of his normal monthly service charge for each day or part thereof between the end of the normal service interval and the time service is -16- J55 14 76999 BOOK ._.. RECEPTI0N_..____.._.._._._.,, ,Sb�/1 restored to set standards. This provision shall not apply if such delay is occasioned because of an act of God, strike, national emergency, or any other circum- stance beyond the control of the company. Similarly, this provision shall not apply to service requests or complaints pertaining to television set malfunction or other breakdowns not related to the operation of the Cable Television system. D. The company shall establish procedures for receiving, acting upon, and resolving subscriber complaints. The company shall furnish notice of such procedures to each subscriber at the time of initial subscription to the system. In addition, the grantee shall maintain a written record or "log" listing date and time of customer complaints, identifying the subscriber and describing the nature of the complaints and what action was taken by the company in response thereto, and such information as the County may require regarding said complaints , shall be transmitted to the County Clerk no less than monthly or as otherwise specified herein. Said records shall be kept at the company' s local office reflecting the operations to date and shall be available for inspection during regular business hours. E. In the event complaints of a similar nature are made, or where there exists other evidence which, in the judgment of the County casts a doubt on the reliability or quality of the cable service provided, County shall have the right to test, analyze and report on the performance of this system. Such reports shall be delivered to the County no later than fourteen (14) days after the County formally notifies the company and shall include the following information: the nature of the complaints which precipitated the special tests; what system component (s) were tested, the equipment used and -17- 18'76999 BOOK.955 RECEPTION..._.......... SO - !g the procedures employed in testing; tai& nresults of such tests ; the methods in which said complaints were resolved, if applicable; and any and all additional information deemed relevant by the County. F. Any tests or analyses required hereunder shall be supervised by a registered professional engineer not on the permanent staff of the company and selected by the County. Said engineers shall sign all records of special tests and foward to the County such records with a report interpreting the results of the test and recommending action to be taken by the County. Costs of said engineer shall be borne by the company. COMPLIANCE WITH STATE AND FEDERAL LAWS Notwithstanding any other provision in this Ordinance to the contrary, the company shall , at all times , comply with all laws and regulations of the State and Federal government or any administrative agencies thereof. Provided, however, if any such State or Federal law or regulation shall prohibit the company from performing any service, in conflict with the terms of this Ordinance or of any law or regulation of the County, then as soon as possible following knowledge thereof, the company shall notify the County of the point of conflict believed to exist between such regulation or law and the laws or regulations of the County or this Ordinance. POLICE POWERS Nothing in this Ordinance or in any agreement or Ordinance in accordance herewith shall be construed as an abrogation by the County of any of its police powers . PARTIAL LISTING OF RIGHTS RESERVED TO THE COUNTY A. The County reserves such rights and powers which under applicable Federal or State law or regulations , the County must reserve and maintain. Company shall comply with any action or requirements of the County in the -18- BOOK.-9t` aRECEPTION__187( 99a-I J-0-/Y exercise of such rights and powers which either have been or shall, subsequent to the grant of the franchise be enacted or established. B. The County may inspect all construction or installation work performed pursuant to any CATV franchise. C. The county may grant additional franchises within the permit area to other persons for the conduct of Cable Television systems . NOTICE All notices from the company to the County pursuant to this Ordinance shall be to the County Clerk or to such other officers designated by the Board of County Commissioners. Company shall maintain with the County throughout the term of this franchise, an address for service of all notices by mail. CONDITIONS OF STREET OCCUPANCY A. The company shall have the right and privilege of constructing, erecting, operating, and maintaining a Cable Television system, equipment and apparatus , upon, through, along, under and over the streets within the permit area subject to the provisions hereof and to all powers (including police powers) inherent in and con- ferred upon or reserved to the County. B. No pavements , sidewalks , curbs , gutters , or other such street installation shall be disturbed and no excavation in any of the said streets will be made, or any poles installed, except with the express written permission of the County. All equipment and apparatus shall be located in such portion of said streets as may be designated by the County, and company shall repair any disturbance or excavation to the extent that the pave- ment , sidewalk, curb, gutter or other street installation is returned to condition as it existed prior to said disturbance or excavation. -19- BOOK...9.015 187699, 5RECEPTION �.. �.. $1)- 9.0 C. The company shall, at its expense, protect , support , temporarily disconnect , relocate in the same ,street or other public place, or remove from the street or other public place, any property of the company when required by the County by reason of traffic conditions , public safety, street vacation, street construction, change in establishment of street grade, installation of sewer, drains, water pipes, tracks or any other type of structural improvement by any public agency. D. All wires , conduits , cables and other property and facilities of the company shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the County. The company shall keep accurate maps and records of all its facilities and furnish copies of said maps and records as requested by the County. The company shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas , electric, or telephone fixtures , or with any water hydrants or sewer and water mains . All poles and other fixtures placed in the streets shall be placed in the right-of-way between the roadway and the property, as specified by the County. E. All wires , cables , amplifiers and other property shall be constructed and installed in an orderly and workman- like fashion. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and be bundled, with due respect for engineering and safety considerations . All installation shall be underground in those areas of the County where all public utilities (those providing telephone or electric service) are underground. In areas where both -20- BOOK..._ . RECEPTION 1W/6999 fo-S1 telephone and electric facilities are above ground at the time of installation, the grantee may install its service above ground provided, however, that at such time as those facilities are required to be placed underground by the County, the company shall likewise place its service underground without additional cost to the residents of the County other than as may be granted by the provisions of this Ordinance. F. The County shall give the company reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the company sufficient time to make any additions, alterations , or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the company to maintain continuity of service. G. The company shall, at the request of any person holding a building moving permit , temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. H. The company shall have the authority to trim trees overhanging upon streets , alleys, sidewalks ,and any other public places of the County so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All trimming is to be done under the supervision and direction of the County and at the expense of the company. The company shall make every effort to preserve the aesthetic beauty and viability of any trees or shrubbery trimmed. The company may contract for such services ; however, any firm or individual shall obtain County approval prior to commencing such activity. Any property owner whose -21- BOOK.955 RECEPTION 1876d.a2_ So- aa property may be affected shall be given written notice of the company' s intent to undertake such actions at least ten (10) days prior to such trimming in order that said property owner may undertake the required trimming themselves and to consult with the company in that regard. All tree limbs and other refuse to be removed by the company and at its expense. I. Public buildings shall be connected to the cable system at no charge upon the direction of the County. Such requests for service shall be initiated by any local government through the County. There shall be no monthly charges for providing basic subscriber services to said facilities . LETTER OF CREDIT/CASH DEPOSIT A. Within ten (10) days after the award of any franchise for a Cable Television operation granted pursuant to this Ordinance, the company shall deposit,with the County, cash or an irrevocable Letter of Credit in the amount of TWO THOUSAND AND NO/100 DOLLARS ($2 , 000. 00) , the form and content of which shall be approved by the County Attorney. The Letter of Credit shall be used to insure: the faithful performance by the company of all provisions of the franchise, this Ordinance, and the company' s proposal; compliance with all orders , permits and directions of any agency, commission, board, department, division or office of the County having jursidiction over this Ordinance; and the payment by the company of any claims , liens and taxes due the County which arise by reasons of the construction, operation or maintenance of the system. B. The deposit shall be maintained at TWO THOUSAND AND NO/100 DOLLARS ($2 , 000. 00) during the entire term of the franchise, even if amounts have to be withdrawn pursuant to subdivision A or C of this section. -22- BOOKtITs. RECEPTION 18'76999 50- ?3 C. If the company: fails to pay to the County any compensation within the time fixed herein; fails after ten (10) days' notice to pay to the County any taxes due and unpaid; fails to repay the County within ten (10) days , any damages , costs or expenses which the County is compelled to pay by reason of any act or default of the company in connection with this franchise; or, fails , after three (3) days ' notice of such failure by the County to comply with any provision by this franchise which the County reasonably determines can be remedied by demand on the Letter of Credit or cash deposit, the County may immediately request payment of the amount thereof, interest penalties , and interest at the then prevailing legal rate, from said Letter of Credit or deduct said amounts from the cash deposit. Upon such request for payment or deduction, the County shall notify the company of the amount and date thereof. D. The rights reserved to the County with respect to the Letter of Credit or cash deposit are in addition to all of the other rights of the County, whether reserved by this Ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such cash deposit or Letter of Credit shall affect any other right the County may have. CONSTRUCTION BOND A. Within thirty (30) days after the award of this franchise, the company shall obtain and maintain at its cost and expenses , and file with the County Clerk, a corporate surety bond from a company authorized to do business within the State of Colorado and found acceptable by the County Attorney, in an amount to be determined by the County to guarantee the timely construction and full activation of this Cable Television system. -23- BOL.J.55 RECEPTION..-1fa76399 50-Ry B. The bond shall provide, but not be limited to, the following conditions : There shall be recoverable by the County, jointly and severally, from the principal and surety, any and all damages , loss or costs suffered by the County resulting from the failure of the company to satisfactorily complete and fully activate the CATV system throughout the franchise area where the CATV system will be initially available to subscribers pursuant to the terms and conditions of the Section of this Ordinance entitled "Construction Time Tables . " C. Any extension to any prescribed time limit must be authorized by the Board of County Commissioners. Such extension shall be authorized only when the Board finds that such extension is necessary and appropriate due to causes beyond the control of the company. D. The construction bond shall be terminated only after the Board of County Commissioners finds that the company has satisfactorily completed initial construction and activation of the CATV system pursuant to the terms and conditions of the Section entitled "Construction Time Tables. " E. The rights reserved to the County with respect to the construction bond are in addition to all other rights of the county, whether reserved by this Ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such construction bond shall affect any other right the County may have. F. The construction bond shall contain the following endorsement : "It is hereby understood and agreed that this bond may not be cancelled by the surety nor the inten- tion not to renew be stated by the surety until thirty (30) days after receipt by the County, by registered mail , a written notice of intent to cancel or not renew." INDEMNIFICATION A. The company shall, at its sole cost and expense, fully -24- Lo5 1896999 BOOK-- RECEPTION 1.5 indemnify,indemnify, defend and hold harmless the County, its officers , boards , commissions and employees against any and all claims , suits , actions , liability, and judgments for damages (including but not limited to, expenses for reasonable legal fees and disbursements and liabilities assumed by the County in connection therewith) : (1) To persons or property, in any way arising out of or through the acts or omissions of the company, its servants , agents or employees or to which company' s negligence shall in any way contribute; (2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, for violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation (excluding claims arising out of or relating to County programming) ; (3) Arising out of the company' s failure to comply with the provisions of any Federal, state or local statute, regulation or Ordinance applicable to the company in its business hereunder ; and (4) Any liability which may arise with regard to a claim for violation of any Federal, state or local statute, regulation or Ordinance, dealing with civil rights or antitrust. B. In accordance with the foregoing indemnity, the County shall give the company prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent the County from cooperating with the company and participating in the defense of any litigation by its own counsel at its sole cost and expense. No recovery by the County of any sum by reasons of the Letter of Credit required in Section hereof entitled "Letter of Credit/Cash Deposit" -25- 1876999 BOOK 955 RECEPTION Sa.4c ' shall be any limitation upon the liability of the company to the County under the terms of this Section, except that any sum so received by the County shall be deducted from any recovery which the County might have against the company under the terms of this Section. LIABILITY AND INSURANCE A. The company shall maintain, throughout the term of the franchise, liability insuring the County and the company in the minimum amount of: (1) $100, 000. 00 for property damage to any one person; (2) $300, 000. 00 for property damage in any one accident ; (3) $300,000. 00 for personal injury to any one person; and (4) $1 , 000, 000.00 for personal injury in any one accident. B. The insurance policy obtained by the company in compliance with this Section must be approved by the County Attorney, and such insurance policy, along with written evidence of payment of required premiums , shall be filed and maintained with the County Clerk and Recorder during the term of the franchise, and may be changed from time to time to reflect changing liability limits . The company shall immediately advise the County Attorney of any litigation which may develop that would affect this insurance. C. Neither the provisions of this Section nor any damages recorded by the County thereunder shall be construed to or limit the liability of the company under any franchise issued pursuant to this Ordinance. D. All insurance policies maintained pursuant to the franchise for Cable Television shall contain the following endorsement : "It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the intention not to renew be stated by -26- 955 1F?7G999 BOOK-._.._... RECEPTION..........._.-_..... _-••- co-el the surety until thirty (30) days after receipt by the County by registered mail, a written notice of such intention to cancel or not to renew. " RATE/SPECIAL MONTHLY SERVICE RATES/DEPOSITS A. The Board of County Commissioners may, by separate Ordinance, approve a schedule for maximum rates for services which the company may charge. In the absence of any such rate setting by Ordinance, the rates as proposed by the Company in its application shall control. The absence of such rate setting by the Board of County Commissioners at any time shall not preclude the Board of County Commissioners from taking such action at such time and to such extent as is deemed appropriate by the Board of County Commissioners . B. The Board of County Commissioners may set maximum rates, by separate ordinance, for any or all of the company' s services , including, but not limited to : (1) Installation; (2) Converter rental ; (3) Converter deposit; (4) Basic monthly service; (5) Additional outlets ; (6) Project rewiring; (7) Institutional service; (8) Transfers ; (9) Reconnection; (10) Relocation; (11) Service calls ; (12) Undergrounding. C. Company may make application for revision of the rate schedule at any time in accordance with the following procedures : (1) The company may petition the Board of County Commissioners for a change in rates by filing a -27- BOOIC95555 RECEPTION Th'7fi999 So.-A8' revised rate schedule including its justifica- tion(s) for said proposed new schedule. (2) Within fourteen (14) days of notification by the Board of County Commissioners of the place and time established for a hearing regarding rate change, the company shall notify its subscribers of the date and time of said hearing by announce- ment on at least one (1) channel of its system, between the hours of 7 :00 and 9 : 00 p .m. for ten (10) consecutive days immediately prior to the hearing. (3) Within thirty (30) days of the filing of said petition for rate changes , the Board of County Commissioners shall hold a public hearing to consider the proposed rate change, at which hearing all persons desiring to be heard, including the company, shall be heard on any matter, including, but not limited to, the performance of this franchise, the company services and the proposed new rates. (4) Within thirty (30) days after said hearing, the Board of County Commissioners shall render a written decision on the company' s petition either accepting, rejecting or modifying the same and reciting the basis of its decision. (5) The criteria for Board' s decision on such matters shall be the establishment of rates which are "fair and reasonable" to both the company and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable costs of service, including fair return on all invested capital , all assuming efficient and economical management . (6) In order for the Board of County Commissioners to determine whether proposed rate changes comport -28- L,45 18'7G999 gpOK___,,,.._. RECEPTION with the criteria established in subparagraph (5) above, include the following financial reports ; (a) Balance sheet; (b) Income statement; (c) Cash flow statement; (d) Statement of sources and application of funds; (e) Detailed supporting schedules of expenses, income, assets and other items as may be required; (f) Statement of current and projected subscribers and penetration. The company' s accounting records applicable to this system shall be available for inspection by the County at all reasonable times. The County shall have access to records of financial trans- actions for the purpose of verifying burden rates or other indirect costs. (7) The Board may extend its time for rendering a decision regarding the company ' s petition for up to thirty (30) days, by Resolution. If Board fails to act within the initial thirty (30) day period of any extension, the company ' s petition shall be deemed to have been granted. D. Company may charge special lower monthly service rates to hotels, motels, nursing homes, hospitals , and other similar buildings where there is one hundred percent (100%) subscription, as may be established by the Board of County Commissioners by separate Ordinance. E. The company may provide service to full-time dealers and television sales and service without a monthly charge. F. Company may require an advance deposit of all, or a part of all , of the estimated costs for installation. -29- BOOK y55 RECEPTION 1896999 50•• O The company may require subscribers to pay for each month of basic service in advance at the beginning of each month. No other advance payment or deposit of any kind shall be required by company for basic subscriber service. FRANCHISE FEES A. The company shall pay to the County, for use of the streets and other facilities of the County in the operation of the Cable Television system and for the supervision thereof during the life of the fran- chise, a sum equal to five percent (5%) of the annual gross revenues of the company. The company shall file with the County within thirty (30) days after the expira- tion of each of the company' s fiscal quarters , a finan- cial statement clearly showing the gross revenues received by the company during the preceding quarter. Payment of the quarterly portion of the franchise fee shall be rendered to the County at the time such statement is filed. The company shall also file, within ninety (90) days following the conclusion of each fiscal year of the grantee, an annual report prepared and audited by an officer of the company showing the year ' s total gross revenues, franchise payments made to the County, and any further relevant financial information with regard to the company as may be required by the County. B. In the event this franchise should be terminated or forfeited prior to the end of the basic fifteen (15) year term, the company shall immediately submit to the County an audited financial statement showing the gross revenue of the company for the time elapsed since the last quarter for which the company has paid to the County the required percentage of gross annual revenues . The grantee shall pay to the County not later than thirty (30) days following the termination of the franchise a like percentage of such gross revenue. -30- 1S7RB993 BOOK I5SRECEPTION 50-31 C. In the event that any payment is not made on or before the applicable date fixed in subsections A and B hereof, companies shall be subject to penalty. D. The County shall have the right to inspect the company' s records showing the gross revenues from which its franchise payments are computed. The right of audit and recomputation of any and all amounts paid under this franchise shall always be accorded to the County. No acceptance of any payment by the County shall be construed as a release of or an accord and satisfaction of any claim the County might have for further or additional sums payable under the terms of this Ordinance or for any other performance or obligation of the company hereunder. E. Payments of compensation made by the company to the County pursuant to the provisions of this Ordinance shall be considered, in addition to and exclusive of any and all taxes, business license fees , or other levies or assessments which are now or which may here- after be authorized by the laws of the United States, State of Colorado or the County. TECHNICAL STANDARDS AND SPECIFICATIONS/SYSTEM CHANNEL CAPACITY A. All construction, installation and maintenance of equipment related to the company CATV system shall comply with the following : (1) National Electric Safety Code as adopted by the County. (2) National Electric Code of the National Fire Protection Association. (3) National Bureau of Standards Handbook 81 (Part 2) . (4) Structural Standards for steel antenna towers and antenna supporting structures , EIA Standards RS- 222-C as published by the Engineering Department -31- BOOK RECEPTION 1H76999 SO-32 of the Electronic Industries Association, 2001 I Street, N.W. , Washington, D. C. 20006. (5) Bell Telephone System Code of Pole Line Construction. (6) Applicable F. C. C. or other Federal, State and local regulations and technical standards . (7) With regard to any tower constructed for use in the County' s Cable Television system, Federal Aviation Agency regulations , including, but not limited to, Objectives Affecting Navigable Airspace, 14 CFR 77. 1, et seq. , February, 1965 , and Construc- tion, Marking and Lighting of Antenna Structures 47 CFR 17 . 1, et seq. , September, 1967 . (8) Federal Communications Commission Regulations , Technical Rules and Standards , 47 CFR 76. 601-76- 613 (1972) . B. Construction, installation, and maintenance of the CATV system shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and be bundled with due respect for engineering considerations . C. All working facilities and conditions used during construction, installation and maintenance of the CATV system shall comply with the standards of the Occupa- tional Safety and Health Administration. D. Stray radiation (Rf leakage) shall be checked at recep- tion locations for emergency radio services to provide that no interference signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no interference to airborne navigational reception in the normal flight patterns . E. The CATV system shall be capable of delivering all National Television Systems Committee color and monochrome -32- BOOK vJ5 RECEPTION 18'76999 (0a33 standard signals (developed and presented to the F. C. C. on July 21, 1953) to standard Electronic Industries Association approved television receivers without noticeable degradation. F. The CATV system shall meet all performance criteria over the ambient temperature range prevailing in the franchise area. G. The company shall construct a Cable Television system that shall have not less than thirty-five (35) video channels or an equivalent amount of bandwidth capacity. CONSTRUCTION TINE TABLES A. Upon the granting of the CATV franchise, the company shall, within thirty (30) days, file any and all docu- ments required, to obtain all necessary Federal, State and local licenses , permits and authorizations required for the conduct of its business (except for building permits) , and shall, upon request of the County, submit reports to the Board of County Commissioners on progress in this respect until all documents are in hand. B. Construction of the system shall commence within thirty (30) days after the effective date of the franchise. Within six (6) months from the date of the award of the CATV franchise, the company must make Cable Television service available to every dwelling unit within the initial service areas. POWER TO CONTRACT/POLE USAGE The company may enter into contracts with any public utility companies or any other owners or lessee of any poles located within or without the County to whatever extent such contract or contracts may be expedient and of advantage to the company for use of poles and posts necessary for proper installation of the system, obtain right-of-way permits from appropriate -33- 9133 18'7t;999 BOOK......._... RECEPTION .» . .r 5-0-3'{ State, County and Federal officials necessary to cross high- ways or roads under their respective jurisdictions to supply main trunk lines from the company' s receiving antennas, obtain permission from Federal Aviation Administration to erect and maintain antennas suitable to the needs of the system and its subscribers and obtain whatever other permits the County, State or Federal officials may require. DISCONNECTION A. There shall be no charge for disconnection from any Cable Television system. If a user or subscriber had failed to pay properly due monthly fees , or if a user or subscriber disconnects for seasonal periods , the company may require, in addition to full payment of delinquent fees , a reasonable fee for reinstatement. B. If a user or subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the franchisee may disconnect the subscriber' s service outlet upon a ten (10) day written notice. If the subscriber pays within ten (10) days after payment is due and after notice of disconnection has been given, the company shall not disconnect the subscriber' s service. CHANGE APPLICATION PROCEDURE A. Except as otherwise specifically provided herein, all applications by the company for changes in service, construction schedules , transfer or ownernship, proposed changes in regulations or Ordinances , etc. , shall be made and processed according to the following procedure : (1) Applications shall be in a form as prescribed by County; (2) An application may be rejected for inadequacy by the County if it contains an inadequate description of what is being applied for, is not in an acceptable -34- BOOK. . RECEPTION 1871129`) So- 3.f form, or contains insufficient facts or information for adequate consideration; (3) A rejection of an application for an inadequacy shall be in writing and shall state the nature of said deficiencies ; (4) Upon acceptance, the County shall review the application regarding the necessity of further staff study and reports. The County Clerk shall submit the application to the Board if he deems it adequate and complete and in need of no further staff study or report. Upon submittal to the Board, notice shall be given to the company of the date, time and place that the matter will be considered. All such matters shall be considered at a public hearing with notice being given to the public as described herein. In no event shall the application be submitted to the Board later than thirty (30) days from acceptance by the County Clerk. (5) Following a public hearing, the Board may submit the application for further study and information and may request that additional documents and provisions be provided, in which case a new hearing date shall be established. (6) Following the public hearing and the receipt of any additional information requested, the Board may approve, disapprove, or modify the change requested by the company. COMPANY SERVICES A. The company shall provide all subscribers with all television signals required to be carried pursuant to F. C. C. Rules and Regulations and all local access channels as defined herein. B. The company shall maintain, as a minimum, the following (access channels) : -35- BOOK"55 RECEPTION 18'76999 519-3 19 (1) At least one (1) specially designated, non-commercial public access channel to be used by the County. C. The company shall have available equipment for local production and presentation of Cable cast programs other than automated services and shall permit its use for the production and presentation of public access programs. D. Company may charge for the use of such facilities as contemplated in Sections C and D above according to such rates as approved by the Board. EMERGENCIES A. In the event of an emergency or disaster, the company shall, upon request of the County, make available its facilities to the County, State or Federal governments at no cost for emergency use during the period of such emergency or disaster and shall provide such personnel as necessary to properly operate the system under said circumstances. B. The company shall incorporate into its facilities the capability for an emergency override alert, whereby the County, in times of crisis , may be able to introduce a bulletin on all channels simultaneously. C. If, at any time, in the case of fire or disaster in the County, it shall be necessary, in the reasonable judgment of the County Engineer, to cut or move any of the wires, cables , amplifiers, or other appurtenances to the network of the company, such cutting or removing may be done and any repairs necessary thereby shall be made by the company at its sole expense provided that such repairs are not necessitated by a negligent act of the County, in which case, costs of repairs shall be borne by the County. CONTINUITY OF SERVICE A. The company shall be required to provide continuous -36- 95u 18'76999 BOOK.......... RECEPTION..-.-Sp, n 7 service to all subscribers in return for payment of the established fee. B. If the company elects to overhaul, rebuild, modify, sell or determines to abandon the system or the County removes or fails to renew the franchise, elects to purchase the system, or if the franchise becomes void, the company is required, as part of its franchise, to continue to operate the system and provide continuous, uninterrupted service until an orderly and lawful change of operation is effectuated regardless of the circumstances. Under no circumstances shall this period of operation exceed three (3) months from the date of occurrence of any of the above events. REFUNDS TO SUBSCRIBERS AND USERS A. If the company fails to provide any reasonable service request by a subscriber or user , the company shall , after being afforded reasonable opportunity to provide the service not to exceed thirty (30) days, promptly refund all deposits or advance charges paid for the service in question by said subscriber or user. This provision shall not alter the company ' s responsibility to subscribers and users under any separate contractual agreements the company may have with said subscribers or users. B. If any subscriber terminates any monthly service during the first twelve (12) months of said service because of failure of the company to render the service in accordance with the standards set forth in this Ordinance, the company shall refund to said subscriber an amount equal to the installation or reconnection charge paid by the subscriber multiplied by the fraction of the twelve (12) month period for which the subscriber will not be receiving the service. In the event that said subscriber has made an advance payment, the amount paid shall be refunded by the company. -37- BOOK95'5 RECEPTION 1tR'7fi999 Se- a This provision shall not relieve the company of liability established in other provisions of this Ordinance. C. If any subscriber terminates, for personal reasons, any monthly service prior to the end of a prepaid period, a pro-rata portion of any prepaid subscriber' s service fee, using the number of days as a basis, shall be refunded to the subscriber by the company within thirty (30) days . COMPANY RULES AND REGULATIONS The company shall have the authority to promulgate such rules , regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and performance obligations under this Ordinance and the franchise, and to insure an uninterrupted service to each and all of its customers ; provided, however, its rules, regulations , terms and conditions shall not be in conflict with the provisions hereof or applicable State and Federal laws , rules and regulations. RIGHTS OF INDIVIDUALS A. The company shall not initiate or use any form, procedure, or device for procuring information or data from Cable subscriber ' s premises by use of the Cable system without prior valid written authorization from the subscriber so affected. Valid authorization shall mean written approval from the subscriber for a period of time not to exceed one (1) year, and said authorization shall not have been obtained from the subscriber as a condition for providing service not requiring return path monitoring. Further, it shall be unlawful for the company, without such authorization, to activate and/or utilize return signals in any manner from the subscriber' s premises . -38- 189G999 8001(95.. RECEPTION ••-.•----* ,ra-3 In any case, the subscriber shall have the right and opportunity to deactivate the return path from his or her premises . B. Neither the County nor the company shall, without prior valid written authorization from each subscriber so affected, provide any data identifying subscribers ' names or addresses to any other party, and said authoriza- tion shall not have been obtained from the subscriber as a condition for providing service not requiring return path monitoring. C. No person, firm, group, company, corporation, government body, or agency, shall procure information or data from Cable subscribers ' premises by use of the Cable system without prior written authorization from each subscriber affected. Valid authorization shall mean written approval from the subscriber for a period of time not to exceed one (1) year and shall not have been obtained as a condition for providing service not requiring return path monitoring. D. No authorization for procurement or dissemination of subscriber identifiable information or data shall be valid unless it specifies : (1) The type or types of information or data covered; (2) The parties authorized to collect, receive, store, record, transmit or otherwise convey this information or data. Further, all authorizations shall specify the maximum period of time that any subscriber identifiable information or data shall be preserved in any manner or form. E. A written copy of all subscriber identifiable information or data which is retained and/or disclosed and the disposition of this information or data, together with any explanation necessary to make it understandable to the subscriber, shall be provided to the affected subscriber within thirty (30) days of procurement . -39- BOOK.9.. 1M'/6999 So-VO Further disclosures shall be fully detailed in writing to the affected subscriber within thirty (30) days of such disclosure. F. Nothing contained herein shall prohibit the company from conducting system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return path transmission, or billing for pay services . FISCAL REPORTS The company shall file annually with the County Clerk, no later than 120 days after the end of the company' s fiscal year, a copy of a financial report, including an income statement applicable to its operations during the preceding twelve (12) month period, a balance sheet, and a statement of its investment in such properties on the basis of original cost, less applicable depreciation. Such report shall be certified as correct by an authorized officer of the company and there shall be submitted along with such report any other reasonable information as requested by the County with regard to the company' s properties and expenses related to its CATV system operations within the County. ACCESS TO BOOKS AND RECORDS A. Copies of all petitions , filings , applications , and correspondence submitted by the company to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters effecting Cable Television operations, shall be submitted simultaneously to the County. B. The company shall fully cooperate in making available at reasonable times , and the County shall have the right to inspect the books , records , maps, plans and other like materials of the company applicable to the -40- BOOK 955 RECEPTION_-:,"'_'"1.6999 ._ permitted CATV system, at any time during normal business hours ; provided, that where volume and convenience necessitate, the company may require the inspection to take place on company premises. TRANSFER OF OWNERSHIP OR CONTROL A. This franchise shall not be assigned or transferred, either in whole or in part , or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the County. Company may, however, transfer or assign the franchise to a wholly owned subsidiary of the company, and such subsidiary may transfer or assign the franchise back to the company without such consent . B. Any proposed assignee must show financial responsibility as determined by the County and must agree to comply with all provisions of the franchise and this Ordinance. The County shall be deemed to have consented to a proposed transfer or assignment in the event its refusal to consent is not communicated in writing to the company within sixty (60) days following the receipt of written notice of the proposed transfer or assignment. C. The company shall promptly notify the County of any actual or proposed change in, or transfer of, or acquisition by any party of control of the company. The word "control" is used here and is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, tranfer, or acquisition of control of the company shall make the franchise subject to cancellation unless and until the County shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the County may -41- 955 18'76999 BOOK..___... RECEPTION_._....... .._. so 4.2- inquire into the qualifications of the prospective controlling party, and the company shall assist in any such inquiry. In addition to those criteria mentioned above for determining whether or not to approve any such change, transfer or acquisition, the Board may also look into the moral character of the proposed assignee, including but not limited to, his criminal history; convictions or judgments for fraud, deceit, or misrepresentation against the proposed assignee; and whether or not there is any claim or lawsuit pending against the proposed assignee arising out of or involving a Cable Communication system. D. No transfers described herein shall be made or approved within thirteen (13) months of the award of a franchise for Cable Television. E. The consent or approval of the Board to any transfer of the company shall not constitute a waiver or release of the rights of the County in and to the streets, and any transfer shall , by its terms , be expressly subordinate to the terms and conditions of this franchise. F. In the absence of extraordinary circumstances, the County will not approve any transfer or assignment of the franchise prior to substantial completion of con- struction of the proposed system. FORFEITURE AND TERMINATION A. In addition to all other rights and powers retained by the County under this franchise or otherwise, the County reserves the right to declare a forfeiture and terminate the franchise and all rights and privileges of the company hereunder in the event of a substantial breach of its terms and conditions . A substantial breach by the company shall include , but not be limited to , the following : (1) Violation of any material provisions of the franchise, this Ordinance, or any rule, order, regulation or -42- 1876999 BOOK....5.5... RECEPTION So- Y3 determination of the County made pursuant to the franchise and this Ordinance. (2) Attempt to evade any material provision of the franchise or existence of any fraud or deceit practiced upon the County or its subscribers or customers. (3) Failure to begin or complete system construction or extension as provided under this Ordinance or according to the company's application or proposal . (4) Failure to provide the types of service promised or required hereunder. (5) Failure to restore service after ninety-six (96) consecutive hours of interrupted service, except where approval of such interruption is obtained from the County; or (6) Material misrepresentation of fact in the appli- cation for said franchise. B. Any of the above mentioned shall not constitute a major breach if the violation occurs , but is without fault of the company or occurs as a result of circumstances beyond its control . The company shall not be excused by mere economic hardship, by misfeasance or malfeasance of its directors , officers or employees . C. The County may make a written demand that the company comply with any such provision, rule, order or determination under or pursuant to its franchise and/or this Ordinance. If the violation by the company continues for a period of thirty (30) days following such written demand without written proof that corrective action has been taken or is being actively or expeditiously pursued, the issue of termination of franchise may be placed before the Board. The County shall cause to be served upon the company at least twenty (20) days prior to the date of such Board hearing, a written notice of the -43- 355 18'76999 RECEPTION -41,1 intent intent to request such termination and the date and place of the hearing. Public notice shall be given of the hearing and issue which the Board is to consider. D. At the public hearing, the Board shall hear and consider the issue and shall hear any person interested therein to determine whether or not a violation by the company has occurred. E. If the Board shall determine the violation by the company was the fault of the company and within its control, the Board may, by Resolution, declare that the franchise of the company is forfeited and terminated unless there is compliance within such period as the Board may fix; such period not to be less than sixty (60) days , provided no opportunity for compliance need be granted for fraud or misrepresentation. F. The issue of forfeiture and termination shall automa- tically be placed on the Board agenda at the expiration of the time set for compliance. The Board may then terminate the franchise forthwith upon finding that the company has failed to achieve compliance or may further extend the period in its discretion for good cause. FORECLOSURE-RECEIVERSHIP A. Upon the foreclosure or other judicial sale of all or a substantial part of the Cable Communication system, or upon the termination of any lease covering all or a substantial part of the system, the company shall notify the County of such fact , and such notification shall be treated as a notification that a change in control of the company has taken place, and the require- ments of this Ordinance governing the consent of the Board of County Commissioners to such change in control of the company shall apply. -44- 1876999 BooKS?_ RECEPTION 370 -V6- B. The Board of County Commissioners shall have the right to cancel the franchise 120 days after the appointment of a receiver or trustee, to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy or other action or pro- ceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless : (1) Within 120 days after his election or appointment , such receiver or trustee shall have fully complied with all the provisions of this Ordinance and remedied all defaults thereunder; and (2) Such receiver or trustee, within said 120 days , shall have executed an agreement duly approved by the Court having jurisdiction in the matter, whereby such receiver or trustee assumes or agrees to be bound by each and every provision of this Ordinance and the franchise granted to the company. NON-DISCRIMINATION A. The company shall not deny service, access or otherwise discriminate against subscribers, channel users , or general citizens on the basis of race, color, religion, national origin or sex. The company shall strictly adhere to the Equal Employment Opportunity requirements of the F. C. C. B. The company shall comply, at all times , with all other applicable Federal, State and County Ordinances and laws , and all executive and administrative orders relating to non-discrimination. ABANDONMENT/REMOVAL OF FACILITIES A. In the event that the use of any part of the system is discontinued for any reason by the company for a continuous period of twelve (12) months , or in the -45- 95 5 r BOOK.-- RECEPTION 186999 5o-Y4 event such system or property has been installed in any street or public place without complying with the requirements of this Ordinance, or the rights granted hereunder have been terminated, cancelled or have expired, the company shall promptly remove from the streets and public places all such property and poles of such system, other than any which the County may permit to be abandoned in place. In the event of such removal, the company shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the County. Any pro- perty of the company to be abandoned in place, shall be abandoned in such manner as the County may prescribe. Upon a permanent abandonment of property of the company in place, the company shall submit to the County an instrument, to be approved by the County, transferring to the County the ownership of such property. B. If company fails to remove any property as herein requested, the County may perform the work at the company' s expense. RULES AND REGULATIONS In addition to the inherent powers of the County to regulate and control this franchise for Cable Television service and those powers expressly reserved by the County or agreed to and provided for herein, the right and power is hereby reserved by the County to promulgate such additional regula- tions as it shall find necessary in the exercise of its lawful powers and in the furtherance of the terms and condi- tions of this Ordinance. Such additional regulations may be promulgated by Resolution of the Board of County Commissioners . RENEWAL A. Any franchise for Cable Television service may be renewed by the Board of County Commissioners for a period not to exceed ten (10) years , if, upon a review -46- 955 1999 BOOK_ RECEPTION...... .a Se-y7 of the company' s performance during the initial fran- chise term, it is determined that such a renewal would be in the County' s best interest. B. In considering any renewal pursuant to this provision, the Board of County Commissioners may examine and consider: (1) Past performance by the company. (2) A review of reports prepared throughout the life of the franchise including the system technical performance, the development of cable services, the costs of services to the subscriber and the performance of similar systems in other communities operating under similar requirements ; and com- plaint resolution. C. Any renewal made pursuant to this Section shall be by Resolution, after notice to the public as defined herein, and public hearing. D. No renewal under this Section is to in any way limit or restrict the ability to award other franchises for Cable Television services pursuant to this Ordinance. E. Any renewal of the franchise pursuant to this Section shall be done in accordance with the then existing rules and regulations of the Federal Communications Commission. F. Any application for renewal made by the company shall be considered by the Board of County Commissioners no later than 120 days prior to the expiration of the intial franchise term. LANDLORD/TENANT RELATIONSHIPS A. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall inter- fere with the right of any tenant or lawful resident thereof to receive cable television service, cable -47- BOO1J42.5r,... RECEPTIONIS2til9—, So- 4l $ installation or maintenance from a cable communication company regulated by and lawfully operating under a valid and existing cable television franchise issued by the County. B. 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 television service to the dwelling unit occupied by a tenant or resident requesting service. C. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall 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 communication service from a company operating under a valid and existing cable television franchise issued by the County. D. No person shall resell, without the expressed, written consent of both the company and the County, any cable service, program or signal transmitted by a cable television company operating under a franchise issued by the County. E. Nothing in this Article shall prohibit a person from requiring that cable television system facilities conform to laws and regulations and reasonable condi- tions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property. F. Nothing in this Section shall prohibit a person from requiring a cable communication company from agreeing to indemnify the owner , or his agents or representatives -48- BOOK.9SS RECEPTION i,52E for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable television facilities . CENSORSHIP PROHIBITED A. The County shall not prohibit or limit any program or class or type of program or otherwise censor the com- munications or signals by the company or other parties over the cable communications system, other than pro- grams on the designated government access channel or channels , and shall not promulgate any regulation or condition which would interfere with the right of free speech by means of cable television. B. The company shall not prohibit or limit any program or class or type of program presented over any channel made available for public access , educational access , government access or leased access purposes. COMPANY NOT TO CONTEST VALIDITY OF ORDINANCE OF FRANCHISE By acceptance of the grant of any franchise pursuant to this Ordinance for Cable Television service, the company covenants and agrees that it will not , at any time or in any manner or proceeding, set up against the County any claim or proceeding challenging this Ordinance or the grant of the franchise pursuant to this Ordinance as being unreasonable, arbitrary, voidable or void, nor that the County did not have the power or authority to make such term or condition, and shall be required to accept the validity of this Ordinance in its entirety. SEVERABILITY CLAUSE If any part , section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance or of said standards ; the Board of -49- BOOK 9`55 RECEPTION 1&Cb999 50-.5743- County Commissioners hereby declares that it would have passed the Ordinance and adopted such standards in each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts , sections, subsections, sentences , clauses or phrases be declared invalid. The above and foregoing Ordinance No. 94 was, on motion duly made and seconded, adopted by the following vote on the 14th day of December , A. D. , 1981 . BOARD OF COUNTY COMMISSIONERS WEL�TY, CO %��DO Ch �arrs'oon h airman 1/4- 49- -,.w airman Norman Carlson, Pro-Tem / :/ 7 C. W. Kirby Jp. T. Martin - e K. inmar Litr ) r ATTEST: 5 Weld County Clerk and Recorder and-Clerk to the Boa d l By' / eputy ounty er APP D AS TO FORM: County Attorney Nov. 9, 1981 - First Reading Nov. 19, 1981 - First Publication Nov. 30, 1981 - Second Reading Dec. 3, 1981 - Second Publication Dec. 14 , 1981 - Final Reading Dec. 17, 1981 - Final Publication �/ � e -50- 14bkv{S'LC -.c F out. ` Fin&I £eacc inq AFFIDAVIT OF PUBLICATI6N THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of ../.. consecu- tive insertions; and that the first publication of said notice was in the issue 9t' said newspaper dated /....4p2 A.D. 19.... and that the last publicati n of said notice was in the issue of said newspaper dated , A.D. 19 In witness whereof I have he eunto set my handjhis 3/ day of 1,'''C , A.D. 19.5../. 4.,/4.5 Publisher Subscribed and sworn to before me, a Notary Public in and for the _county of Weld, to of Colorado, this ...Y/ day of ^.C19.S././.A.D. .it f ;;/ Notary Public. My mission expires I of M. "Return signals" mean a tezte et 7tl C mtriza . . �, to. ed y. sae here�']nt mt�stthee Goble Friati taMyd .- 4m u. c aea . mh the nine ; all„�• e by the LC C, ~ I !.. atilt 1 $4. •• shad moan all S ,sw. s cha p attd . '4Rlt tyy • 'f t service a co service ist e" et ,— au mantli nd e subsa �. re at lv �an`d ate e{ r6leM a s T Roan or a of mettvtdeo swam. ottt F ° a cable. : s ions systemm In a wa� of . .t mea is the County two-way return path eerrfee. OR t 81ale it 4'orradoR . Y•of CC t mean the Couu Y y of K. s wee: Atari, t. z a omen' Mork s Cent dsrFs y sloaro'; m�q W meat DD. '•84we1�'' shall mean the raiamorw, of the'Caen er surtax/ant and the ce above yi aiW behove aRY�o attrat path, , t piecY alleeyd, one r s ow t Pour • sid��eyyh�eia rl uli taal ed, K ^' #'"�`L• ' ` " yang ' means- that parkway„er1 a or et ttmd;4Y —' pentad aw._ttrdad a mea tt canon oriar tw held may '1-k, att, Cedloah canon con t ebeh a�egti u stmh w* i ot-mistlis be low et: anser�IW]I.w1thb Ythe ir t on71 1 . d " SW Meatsan' yi and �lg g, em b uny i"La "ver�at. Ws c z •' ° as ectc 'f w.. t/4 a .,. qqntt M4 .. ' syateta a b s '�e 5 �-:� ah m.- MLitt t meta+ e µ'. a . qr wr tta ..µ ,.tPe e fob s ,'*"t r.,- " .... a system. deta1yst, 1 k e amt itl• ns�s ..T er del' payWil. s sdSca P B. "- edsani theflderas gt we fatyt 5 OR t 'pH . ,st o art — destgnatadt ud or iL _.. wits gi'Ornmea _ 5 , eovernms j • "�. F. t.. ... -lit- r t —4-. r - a« s"k" rte.'r2n1b• ,m€ k$"'. _ m .� y `� Y,� :�: ,i a '�N �- ..•rr.. ` rte i'? N AAA, .n, .q ,ply a .wriy -10- �r, ,z oM Si~ *et e'rier a: evanineantio0 � e or p r enmlantai y &o8iwe".r Tt ga Senn diZVIr ant" )i' h tiers c 1 a and p detne • ere s0 be or`. e -assoc r'a. . r .� a is ot:.. e T„ 'ItyptW�aaaetrnCt�pe a�8v on Wales • tfoorrc(gple matm triesort'ra nit the E ,u es YP Nil here, Doanaot tDathe e rt as ua may u csu.n all teF11nH �e, u,,,.,,�rt �D obtained SOut, and 6 . w nt to pany•as se on.111 coin- s(ans�s. . road. construe u azttee B. Any tranehlse granted t' j ceanecgtglile Aho ryam.. Tads - eM' t �` ��`p''D� Y.aadie uhtVle to- a acniD_e-ia'T re Contemn red °e�*nmWs exec toeae ^x,. Party" meaas.an � • and pater the ff effective qa in r •income mitt f on a 5ns, orBWt pant has�kW.a#d tee (1) Wiled and withthe Co the. H'- I' ar"':mew any paint tan tMm r� or other mri ppr°a"°e' grant-and late h a e toter mans, Progra execute Wise to ucheadocur en as �d st' �Vp•. ,e %y�t' le or from aloes 000fftff 4°this _y armed w� S_ rree refs ae[�saop•torte- eL'Lt# 1M C1bb r8 ac s =tat: as DYathe Nmtin. •X'.. .o f• ; ,... ,7„' coin cal y t ace. es F.C.C.; and as wimp mans ill -ro sty, 41 ': c revisittorte in,. " wren or" united f �ohanMb 0001tr0 to p�t� te '.�'t" Dy.'als tkuna� for �e aeaWuc� of permt� and further, tai; a e�tta� anatt • ti'olimb tea and ..f a tlaael�, l � evennta�to . i efgnate awe .channel t yy aims Muth` -tM la � eeet fge ease tgt��w• s1 tZt of maia y uZiaeM aDe��r mean. C&oun i. EE.re (i.t.psOla tem.•, rska m sectiWreli , ill pte"Ariaadyaii!AtaWe L( by4 Ito a9t r . • gulden, q or eon- al new gate aor t ty o �la) rat (S) Fee certificates wet p1t grit dp�wd !4f. se set forth to the aloe t d of aaomment on he!unienth ance heneva reinILbWtY and TAayr. (sut prioraDa)� the m'stinf ' Ctrl n of thin et n N- 1-.(8 SAW lettels of pr1M area. � - announcement onat oaf one req ` tlom en Coatoet4M yLlea r�gvera��~"3 r ,oar r a� lilt: 1.rl -1Rnj rp1� b • of e . tO , far cue .P a ��,e�. than r any tar ,, vueA.a .. :Nt r.Or U gn a ppyy of "lervta. ,,a ty nu ) b! athe Si ., A yg a at «r, (A) P to t1ie. iQaaaA�- • W under £ ion getlynttte to it � � Breathe,eft led Appuoa-. y k(,crepQ 4 • T^ C.ln i p a e �Hof �,57 f '" My,y,.P e'r )^1ce _:4'4'4:4tr .t%,y. F a 3 :7 ��_ a ,. 'V'', z' h•y� x .*r � ti /_ V .F�*Y a 4 Lt --a-K t E.•-p ,:44--;'"', me nouths ltrd lit such fees the corn otherwise • u : r 3 ,Y' e `a +a, ,. .- ) -.., provisions t a. note appl ^„ �, ,;s ,% e tatoreWse shallbe dedd"itfl �.a r: a $. .A -r+ therefrom sad a balance • - , ' .. -. _.�. K , refunded. . . D. The company shall lovvee no:' (7)A etitamant '� M Co whr ml account f the � smarigF ct avatla to t.'mnaity for area nseoun_air odf uY7aL lose ca or dame subsidingor i a,ed c�pn, may'awr e t �"„ are�quiir ��O�idinance statement setttyinnga tfporth The 'mbpaiw s to, •• , its e chlse by the County. - all agree me an understand- enr s ant p 1hN g.The tom rianebs4by � nr corip "ra en,w t �.' t ( rt ha t gpyy�NUM*Pall ra IS is any w a to. tlanrsalawptpa4M- „o the__ ppwerd aDetac9l!�binh. . t Wn• y. 176Rha11Wtdsw fie., as gsaw onchittneta,, of ins.. e,lut two Bald of en .h awe, e' 1R, hie case A r• Aar �!t ' 1 * s gd 7pew'A • of , P. telvki ' e been S,. eye y s ".t""•f 3 r, Y yw� gavarama�4k a pun*,ambit ltuai atA Rhal} be. .��a�' IntroMutton orr1Acmee �oF`tlrobe. LOCAL BUSINESS OFFICE; SERVICE MAINTENANCE STANDARDS AND COMPLAINT PROCEDURES A. The company shall maintain a local bus'ness office within five(5)rotes of the permit area for the purpose of receiving inquiries, complaints and re- quests for repairs or adjust- ments from its customers and the genoral public. Said office 'hair also be operated so that complaints and requests for repairs or adjustments may be received and processed with a minimum delay. Provisions shall also be made for telephon- ically receiving service Inter- r uBBtion call on a twenty-four (94)hour basis on a non-ton line. B.The company shall maaintain aspabie of reespp�p[sndhng to BUD- scriberw service great norma seurviice intervals.When the beats:of the ex t fh t1ao defect-o problem 1n comppaannyy owned, m- or Illl be no d equip- ' men, ere shall be thischarges to ce. (I ♦I t.1tyro a the sumalceber meal for Normal service interval, for - i meanpurpwes of this d ee,shall mean the period company between .the time that the comppany la r notified by the aubscr%er of a ,The night to and hl{td Mill rp service deficiency and the third sbeets for are rein aO r raisin n N close of business following the net ands the Sea receipt of such notice proctor% ant sh r asw•a the that the aubecriberde., or hie toe. repreaenlattve ie avallable,our• gilts a Wy_ n}s.et ,. tit A,etate t3 - ,1. , {. ins the period,at thepremises.to tints' Ms provision shall no apply to tints' M new requests kw service until ,. , I initial constn ball of the �1ye-. , . A i ;3°.,:,y - t h .- • -''.1,^ rem is substantially compleU59 m y�� .f'. C. Any verbal, telephone %r • .� q„� x,:� 6 h.•,". " ' W - written complaint relating to the qpuW or continuity of service stall a attended to within a -"° , ",�u »{,:k"a nortns� rvice Interval. In the t r4 a evil tea such win taints are v """.„:",01.3 p, {.c " '4 4 no rapportto or[tD�at service • a r3 is not red to the levels ,+ `required F.C.C.or by the tti �( Wr bthla urine said normal[ service interval,the • t { $ ' ' subscriber shall be entitled to Si r !^ va �.' � 2:7 ;* F, - rebate of one-fifteenth (1.16) �'¢ 3 'mom ,e �r " charge normal monthly serail the t between theend of the r a 1tl , normal service interval and the --.4. "' "'F-^ "4 t time service is restored to set G ""v" . �, wl Y.. standards. This provision shall • z Kr' not apply if such delay, fs A-,yq•.^^ 'L.'', t" . ,'v- t °'F mealierfi because M en act of s T" ,. God, strike, ne s_ f re . e ? ,h " -, gency, or any other efrcUrth yt; .. stance beyNdZhr control of une ,y, r.t it companni l S of app this pro- snail not a Y to service N ' �:. of a.•wa. j a ( � °c A sir Mgt;television ts or set.mlhalfuncgon • to other pe operation of the Cable( or la the Television system. k + l a au {.`" ,!' D.The Company shall establish u b) A procedures of lying utR�acting any ad tea upon; and resolving subscriber N we �a • compvlaints. The company shall at furmeh notice of each pro- be syvattb eft, ed res to each subscriber t a pit •elogn r h tthe 1iefsysteem initial subscriptiondti the 1e ,.> r. BrantN Mall memtam a W1'1ttN record ur"top'' er co malls apnd A Ix* :et res time tovfmg timer compsubscriberlaintst �`° .Y`' of a fie at ant'= identifying describing"sctine nature the T!w. 4 ! complain%and what action wr -^"."' .f- ^, L,. a...a. 9 taken by the company ",k„. -R, „„�" ,.-,. i •--.a *,a• „,,,w, response thereto, and su...- r, „ „,y information as the county may a : re ufre re scot sabl tom- "_')" . v ',. - •, . b. Le, Malt be transmit%% to f9 '„ n�- '°r -r . County Clerk no less than conformity ordinance c Notwitnfwwhit ppli other �rem.gala rmp�,ssnattont (t A deNy ea.•of th a V tr tie; - ke t at the coin TV ac N ,ee. refisna•the avaiaUlu ay ienirntoW ng- n 0 • 1 ,e date and our be r for •aUsrmrfr i tan c ter inspection during regular busl- �payyy�Dp�j•a l of ness hours. ((��)d u pc .le an �Calotad•- 1'o a E. In the event complaints of a mdlvldiuli - ,p�iapp• fr o will e caulMsed similar nature are made, or bin tt ss s teeenilaent et where there exile ouur act sl N r dance witch,st the doubt o nt e i - the County cuts a doubt on the e ' la i1F re ee gntof De service yor ual. of the cable m ,y11 loan erve so ree er service pright d. ty ahW nwarde • tans -eaaa. in Nrw b y the ands the tight a ppeet analyse 1 •et rest"' a kli Include by the �dWery.4m Suction sects uHgn r value as M , i, - In shall be delivered to the County W to of of bbeet li to, no later than fourteen(14) days pl'eeanype uve ' of- ltn�:' fin he comp fyr andY 710tl p c a value' NW ass our- ties the company and shall Public include the following informa- shall be placed in the right-of- D. The rights reserved to the tion: the nature of the corn- way between the roadway and County with respect to the plaints which precipitated the the property,as specified by the Letter of Credit or cash deposit special tests; what system County. are in addition to all of the other component(s) were tested, the rights of the County, whether equipment used and the pro- E. All wires, cables, amplifiers reserved by this Ordinance or cedures employed in testing;the and other property shall be authorized by law, and no results of such tests; the constructed anti installed in an action proceeding or exercise of methods in which said corn- orderly and workmanlike a right with respect to such cash plaints were resolved, if apppll- fashion. All cables and wires deposit or Letter of Credit shall cable; and any and all addl. shall be installed parallel with affect any other right the County tional information deemed rele- existing telephone and electric may have. vant by the County. . wires whenever possible. Multi- ple cable configurations shall be CONSTRUCTION BOND F. Any tests or analyses arranged in parallel and be required hereunder shall be bundled, with due respect for A. Within thirty (30) days after supervised by a registered engineering and safety consider- the award of this franchise, the professional engineer not on the ations. All installation shall be company shall obtain and main- permanent staff of the company underground in those areas of tale at its cost and expenses and and selected by the County.Said the County where all public file with the County Clerk, a engineers shall sign all records utilities (those providing tele- corporate sure[3 bond from a t special tests and forward to phone or electric service) are company authorized to do bust. e County such records with a underground. In areas where ness within the State of Colorado eport interpreting the results of both telephone and electric and found acceptable by the the test and recommending facilities are above ground at County Attorney in an amount action to be taken by the County. the time of installa-tion, the to be determined by the County Crists of said engineer shall be grantee may install its service to guarantee the time] con- borne by\the company. above ground provided, how- struction and full activation of ever that at such time as those this Cable Television system. COMPLIANCE WITH STATE facilities are required to be AND FEDERAL LAWS placed underground by the B. The bond shall provide, but County, the company shall not be limited to, the following Notwithstanding any other pro- likewise place its service under. conditions: There shall be vision in this Ordinance to the ground without additional-cost recoverable by the Countyy, contrary,the company shall, at to the residents of the County jointly and severally, from the all times comply with all laws other than as may be granted by principal and surety,any and all and regulations of the State and the provisions of this Ordinance. damages, loss or costs suffered Federal government or any by the County resulting from the administrative agencies there. F. The County shall give the failure of the company to of. Provided, however, if any company reasonable notice of satisfactorily complete and fully such State or Federal law or plans for street improvement activate the CATV system regulation shall prohibit the where paving or resurfacing of a throughout the franchise area company from performing any permanent nature is involved. where the CATV system will be service, in conflict with the The notice shall give the initially available to subscribers terms of this Ordinance or of company sufficient time to pursuant to the terms-and any law or regulation of the make any additions,alterations conditions of the Section of this County,then as soon as possible or repairs to its facilities as it Ordinance entitled "Construe following knowledge thereof,the deems necessary in advance of tion Time Tables." company shall notify the County the actual commencement of the of the point of conflict believed work, so as to permit the C. Any extension to any pre- • to exist between such regulation company to maintain continuity scribed time limit must be or law and the laws or of service authorized by the Board of regulations of the County or this County Commissioners. Such Ordinance. G. The company shall, at the extension shall be authorized request of any person holding a only when the Board finds that POLICE POWERS building moving permit, temp. such extension is necessary and orarily raise or lower its wires to appropriate due to causes be- Nothing in this Ordinance or [n permit the moving of said yond the control of the company. any agreement or Ordinance in building. The expense of such accordance herewith shall be temporary removal, raising or D. The construction bond shall construed as an abrogation by lowering of wires shall be paid be terminated only after the the County of any of Its police by the person requesting the Board of County Commissioners powers. same, and the company shall finds that the company has have the authority to require satisfactorily completed initial PARTIAL LISTING OF such payment in advance, construction and activation of RIGHTS RESERVED the CATV system pursuant to TO THE COUNTY H. The company shall have the the terms and conditions of the authority to trim trees over- Section entitled "Construction A. The County reserves such hanging upon streets, alleys, Time Tables." rights and powers which under sidewalks,and any other plublic applicable Federal or State law places of the County so as to E. The rights reserved to the or regulations,the County must prevent the branches of such County with respect to the reserve and maintain.Company trees from coming in contact construction bond are in addi- shall comply with any action or with the wires and cables of the tion to all other rights of the requirements of the County in company. All trimming is to be county whether reserved by the exercise of such rights and done under the supervision and this Ordinance or authorized by powers which either have been direction of the County and at law, and no action, proceeding or shall subsequent to the grant the expense of the company.The or exercise of a right with of the franchise be enacted or company shall make every respect to such construction established. effort to preserve the aesthetic bond shall affect any other right beauty and viability of any trees the County may have. B. The County may inspect all or shrubbery trimmed. The construction or installation work company may contract for such F. The construction bond shall performed pursuant to any services: however any firm or contain the following endorse. CATV franchise. individual shall obtain County ment: approval prior to commencing C. The County may grant such activity. Any property "It is hereby understood and additional franchises within the owner whose property may be agreed that this bond may not be permit area to other persons for affected shall Ise given written cancelled by the surety nor the the conduct of Cable Television notice of the company's intent to- intention not,to renew be stated systems. undertake such actions at least by the surety until thirty (30) ten (10) days prior to such days after receipt by the County, NOTICE trimming in order that said by registered mail, a written property owner may undertake notice of intent to cancel or not All notices from the company to the required trimming them. renew." the County pursuant to this selves and to consult with the — nedl.,e..ee shell hn to the Onunty rmmnenv In that reeard.All tree 110;unman =mat-tutu •loata4o a)vp pup Junowa ay7 to , alaa138 ma in paaalo salnJxp- 4J tit SiladwoO 011 pus A)unop eta d'uo Fyn Altlou hays Alun 10470 pus sapid O 'su{aw ata a eei 11 04; u caul leIIIIIMp oyEggqvaJ so; ;senba1 4one uodn yi odop 1ajem Sua 1µ;{1„s o saan;x(7 -ulalutew nays Suedwoa 04y y ;onpo 04io ;pate 70 pane pros au0410la3 to aplaa a. 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It ' 110❑old a ewoetad/y(p uole{n 1113 atgep a 8ulutalutaw :(43{0010 1 uorloauvoa 'sad visa) pun '8uga1 ado But a a a a Sui ;rt Aluno3 mu, U0wpaw se Eves of 800100 ga84etO Sa 07swq -lontlsuoa to 8 Suoodoea Pala v a ; g o; uiPlnold to y 1y;uow a anE d 'us sae; 00801 a euoseal to; ou aq ps4s al ayy 'A11100p 4) 4 nays Sue woe ayy Y asuadtt7x7a 'o;pelican pay Ism 8u 041 UYnolyl il1u�awutan'S repot ue 1210'R21114011! $1u1B'8U01200 103S; 0LL'lsejP -Alas to; sieanpa.l;tonsgsBgIsl1uno3 y31N.LS0±10 SNf O ZIUNOO as ns 103duile our Ave 1801880 041 J1 uollaattp 041 uodn aete40 I an suotselwwo0 ou 40 walsSs 01410 04101 Pa10au otices (1) 1100,000.00 for property of the Electronic Industries damage to any one person; (cl Cash flow statement; Association,2001 I Street, N:W., Washington, D. C. 20006. (2) 5300,000.00 for property Id) Statement of sources and damage in any one accident; application of funds; (5) Bell Telephone System Code of Pole Line Construction. (3/ 1300,000.00 for personal (e) Detailed supporting injury to any one person; and schedules of expenses. Income, (6)Applicable F.C.C.or other assets and other items as may Federal,State and local regular- (4) $1,000,000.00 for personal be required; tions and technical standards. injury in any one accident. (O Statement of current and (7) With regard to any tower B. The insurance policy ob- projected subscribers and pene- constructed for use in the tamed by the company in racoon. County's Cable Television sys- compliance with this Section tern, Federal Aviation Agency must be approved by the County The company's accounting regulations, including, but not Attorney and such insurance records applicable to this sys- limited to. Objectives Affecting policy, along with written evi- tern shall be available for Navigable Airspace, 14 CFR dente of payment of required inspection by the County at all 77.1,a seq.,February,1905.and premiums, shall be filed and reasonable times. The County Construction, Marking and maintained with the County shall have access to records of Lighting of Antenna Structures Clerk and Recorder during the financial transactions for the 47 CFR 17.1,et seq., September, term of the franchise,and may purpose of verifying burden 1967. be changed from time to time to rates or other indirect costa. reflect clpangying liability limits. (8) Federal Communications gu The Teanch- advise the qa Corny l immediately Attne o time for e Board nderingrding the p3ya decision nicalmission Rules and Standards, 7 velop thation wou d,affect this Re- solution.ttolt thirty t Bor(d 0)daysls ,by Bany's pet- FConstruction,R 3 installation, within the initial thirty (30) day and maintenance of the CATV C.Neither the provisions of this period of any extension the system shall be performed in an Section nor any damages re- company's petition shall be orderly and workmanlike man. corded by the County there- deemed to have been granted. ner. All cables and wires shall under shall be construed to or be installed, where possible, limit the liability of the company D.Company may charge special parallel with electric and tele- under any franchise issued lower monthly service rates to phone lines. Multiple cable pursuant to this Ordinance. hotels motels, nursing homes, configurations shall be arranged hospitals, and other similar in parallel and be bundled with D. All insurance policies main- buildings where there is one due respect for engineering talned pursuant to the franchise hundred percent (100 percent) consideration. for Cable Television shall con- subscription, as may be estab- tain the following endorsement: lished by the Board of County C. All working facilities and Commissioners by separate conditions used during con. "It is hereby understood and Ordinance. struction, installation and agreed that this insurance - maintenance of the CATV sys policy may not be cancelled by E. The company may provide tern shall comply with the the surety nor the intention not service to full-time dealers and standards of the Occupational to renew be stated by the surety television sales and service Safety and Health Administrad until thirty (30) days after without a monthly charge. tion. receipt by the County by registered mail,a written notice F. Company may require an D. Stray radiation (Rf leakage) of such intention to cancel or not advance deposit of all or a part shall be checked at reception to renew." of all of the estimated costs for locations for emergency radio installation. The company may services to provide Mat no RATE'SPECIAL MONTHLY require subscribers to pay for interference signal combine- SERVICE RATES- each month of basic service in tions are possible. Stray radio.- DEPOSITS advance at the beginning of each tion shall be measured adjacent A. The Board of County Com. month. No other advance pay- to any proposed aeronautical missioners may, by separate mentor deposit of any kind shall navigation radio sites to prove Ordinance, approve a schedule be required by company for no Interference to airborne for maximum rates for services basic subscriber service. navigational reception in the which the company may charge. normal flight patterns. In the absence of any such rate FRANCHISE FEES setting by Ordinance, the rates E. The CATV system shall be as proposed by the Company in A.The company shall pay to the capable of delivering all Na- Its application shall control.The County,for use of the streets and tional Television Systems Com. absence of such rate setting by other facilities of the County in mittee core: and monochrome the Board of County Commis- the operation of the Cable standard signals(developed and stoners at any time shall not Telecision system and for the presented to the F.C.C. on July preclude the Board of County supervision thereof during the 21, 1953) to standard Electronic Commissioners from taking life of the franchise,a sum equal Industries Association approved such action at such time and to to five percent(5 percent)of the television receivers without such extent as is deemed . annual gross revenues of the noticeable degradation. appropriate by the Board of company. The company shall County Commissioners. file with the County within thirty F.The CATV system shall meet (30)days after the expiration of all performance criteria over B. The Board of County Corn: each of the company's fiscal the ambient temperature range missioners may set maximum quarters a financial statement prevailing in the franchise area. rates, by separate ordinance, clearly showing the gross reve- for any or all of the company's nues received by the company G.The company shall construct services, including, but not during the preceding quarter. a Cable Television system that limited to: Payment of the quarterly por- shall have not less than thirty. tion of the franchise fee Yshall be five (35) video channels or an (11 Installation; rendered me c statement is filed.The capacitynt amount of bandwidth (2) Converter rental; company shall also file, within ninety (90) days following the - rnnelnelnn of no rh NcnnI worm nr CONSTRUCTION TIME TABLES A. Upon the granting of the CATV franchise the company shall, within thirty (30) days. file any and all documents required,to obtain all necessary Federal, State and local licenses,permits and authoriza- tions required for the conduct of its business(except for building B. In the event this franchise permits), and shall, upon re- should be terminated or for- quest of the County, submit felted prior to the end of the reports to the Board of County basic fifteen(15)year term,the Commissioners on progress in company shall immediately sub- this respect until all documents mit to he County an audited are in hand. financial statement showing the gross revenue of the company B. Construction of the system for the time elapsed since the shall commence within thirty C.Company may make applica- last quarter for which the (90)days after the effective date Lion for revision of the rate company has paid to.the County of the franchise. Within six (8) schedule at any time in accord- the required percentage of grass months from the date of the ance dr slth the following pro. shall payal to thees. The Comy not latee award of the CATV ter the company must make Cable than thirty (30) days following Television service available to (1)The company may petition the termination of the franchise every dwelling unit within the the Board of County Commis- a like percentage of such gross initial service areas. stoners for a change in rates by revenue. POWER TO CONTRACT- filing a revised rate schedule. including its justification(s) for C.In the event that any payment POLE USAGE said proposed new schedule. is not made on or before the applicable date fixed in subset- The company may enter Into (2) Within fourteen (14) days dons A and B hereof,companies contracts with any public utility of notification by the Board of shall be subject to penalty. companies or any other owners County Commissioners of the or lessee of any poles located lace and time established for a D. The County shall have the within or without the County to place regarding rate change, right to inspect the company's whatever extent such contract the company shall notify rte records showing the gross or contracts may be expedient subscribers of the date and timerevenues from which its fran- and of advantage to the corn- of said hearing by announce. chise payments are computed. pany for use of poles and posts ment on at least one (1) channel The right of audit and remounts necessary ec s aryther system,i s allla- of its system,between the hours paid under this franchise shall right.of-way permits from tain cfn:ecantl9:d0 days immediately appropriate consecutive lmmedfaLtely always be accorded to the Feerl fficialss necessary to prior to the hearing. ye. No acceptance of any payment by the County shallr be cross their highways or roads under (3)filing Within said petition 4io) days of construed as a relaaso of o an pply main respective lines omsthe o the f B of for rate laim and satisfaction yof any m supply changes,m the Board s hold a claim the or County might additionalhave s obtapn pe s ission fro anteders p air shallanholtl e f ayable unde teterm o sums i AviationeAdministrati n to erect m Federal public hearing to consider the payable or for any other and maintain antennas suitable proposed rate change,d at i which performance or obligation of the to the needs of the system and its behearing all persons desiring c to- om an hereunder. subscribers and obtain what- pa heard, including the com- company ever other permits the County, ma , including,n be heard on any matter, but not ha. E. Payments of compensation State e. Federal officials may ted to, the performance of this made y the company to the require. franchise,the company services County pprsuant`o the pro- and the proposed new rates. visions of this Ordinance a hall DISCONNECTION be considered,in addition to and 4) Within shirt (30) days exciusive of any and all taxes, A.There shall be no charge for attar said hearing,the Board of business license fees, or other disconnection from any Cable County Commissioners shall levies or assessments which are Television system. If a user or render a written decision on the now or which may hereafter be subscriber had failed to pay company's petition either authorized by the laws of the properly due monthly fees,or if accepting,same rejecting or modify. United States,State of Colorado a user or sub periods, , the sects basis of item decision.eclting the or the County.TECHNICAL STANDARDS for seasonal ui r,in the on to pany may require,in addition to AND SPECIFICATIONS- fa payment of delinquent fees, (5) The criteria for Board's SYSTEM CHANNEL a reasonable fee for reinstate- decision on such matters shall CAPACITY ment. be the establishment of rates B.If a user or subscriber fails to which are"fair and reasonable" A. All construction, installation B. a properly due. monthly both the company and its and maintenance of equipment P Y Y subscribers and shall be 8ener- related to the company -CATV subscriber fee, or any other ally defined as the minlmum system shall comply with the properly due fee or charge. the rates necessary to meet all following: ranchisee may disconnect the applicable costs of service subscriber's service outlet upon invested a capital, all rassuming Code as adopted Electric y the County the s a tenubscriber pays withinwritten e. If ten efficient and economical man- (10) days after payment is due agement. - (2) National Electric Code of and after notice of disconnection the National Fire Protection has been given, the company (8) In order for the Board of Association. shall not disconnect the sub. County Commissioners oo to de- scriber's service. changes comportpWI hsd ate criteria Stan3dards National Bureau Si (Part CHANGE APPLICATION established in subparagraph(5) 2). PROCEDURE above include the fowing A. Except as otherwise ape cltl- financi ollal reports: (4) Structural Standards for steel antenna towers and atten- tally provided herein, all anon. (a) Balance sheet: na supporting structures EIA _cations. by the company Mr StandardsStdards RS-222-C as published changes in service,construction (b) Income statement; by the Engineering Department schedules. transfer or owner. Public _Y • ship,proposed changes in regu- agreements the company may' be certified as correct by an Iatons or Ordinances,etc.,shall have with said subscribers or authorized officer of the corn- be made and processed accord- users. an and there shall be submit- ing to the following procedure: led along with such report any B. If any subscriber terminates other reasonable information as (11 Applications shall be in a any monthly service during the requested by the County with form as prescribed by County; first twelve (12) months of saidregard to the company's proper. service because of failure of the ties and expenses related to its (2) An application may be company to render the service CATV system operations within rejected for inadequacy by the in accordance with the star.- the County. County if it contains an Made- dards set forth in this Ordin- quate description of what is ance, the company shall refund ACCESS TO BOOKS AND 'being applied for, is not in an to said subscriber an amount RECORDS acceptable form, or contains equal to the installation or insufficient facts or information reconnection charge paid by the A.Copies of all petitions,filings, for adequate consideration; subscriber multiplied by the applications and correspond- fraction of the twelve(12)month dence submitted by the com- (3) A rejection of an applica- period for which the subscriber pany to the Federal Communi- lion for an inadequacy shall be will not be receiving the service. cations Commission, Securities in writin and shall state the In the event that said subscriber and Exchange Commission, or nature ofgsaid deficiencies; has made an advance payment, any other Federal or State the amount paid shall be regulatory commission or (4) Upon acceptance, the refunded by the company, agency having jurisdiction in County shall review the applies- respect to any matters effecting than regarding the necessity of This provision shall not re- Cable Television operations, further staff Ru'y and reports. lieve the company of liability shall be submitted simultane- The County Cler!+ shall submit established in other provisions ously to the County. the application to the Board if he of this Ordinance. deems it adequate and complete B. The company shall fully and in need of no further staff C.If any subscriber terminates, cooperate in making available study or report. Upon submittal for personal reasons any at reasonable times, and the to the Board, notice shall be monthly service prior to the end County shall have the right to given to the company of.the of a prepaid period, a pro-rata inspect the books, records, date, time and place that the portion of any prepaid subscrib- maps plans and other like matter will be considered. All er's service fee, using the materials of the company appli- such matters shall be con- number of days as a basis,shall cable to the permitted CATV sidered at a public hearing with be refunded to the subscriber by system, at any time during notice being given to the public the company within thirty (30) normal business hours; pro- as described herein. In no event days. vided, that where volume and shall the application be submit- convenience necessitate, the ted to the Board later than thirty COMPANY RULES AND company may require the in- (30) days from acceptance by REGULATIONS spection to take place on , the County Clerk, , company premises. (Si Following a The company shall have the TRANSFER OF OWNERSHIP public hear- authority to promulgate such OF CONTROL ing, the Board mar submit the rules, regulations, terms and application forfurt{ter study and conditions governing the con- A. This franchise shall not be information any may request duct of its business as shall be assigned or transferred, either that additional documents and reasonably necessary to enable in whole or in part, or leased, provisions be provided,in which the company to exercise its sublet or mortgaged in any case a new hearing date shall be rights and performance oblige- manner, nor shall title thereto, established. [ions under this Ordinance and _ either legal or equitable,or any the franchise and to insure an right,interest or property there- (3) Following the public uninterrupted service to each in pass to or vest in any person hearing and the receipt of any and all of its customers; without the prior written con- additional Information re- provided, however, its rules, sent of the County. Company quested, the Board may ap- regulations, terms and condi- may however, transfer or prove, disapprove, is p rovd or mod fy the [Ions shall not be in conflict with assign the franchise to a wholly g q y the provisions hereof or applica- owned subsidiary of the com- pany. ble State and Federal flaws, pany. and such subsidiary may rules and regulations. transfer or assign the franchise COMPANY SERVICES back to the company without RIGHTS OF INDIVIDUALS such consent. A. The company shall provide all subscribers with all televi. A.the company shall not initiate B. Any proposed assignee must sion signals required to be or use any form, procedure, or show financial responsibility as carried pursuant to F:C.C.Rules device for procuring informa- determined by the County and and Regulations and all local tion or data from Cable sub. must agree to comply with all access channels as defined scriber's premises by use of the pprovisions of the franchise and herein. Cable system without prior valid this Ordinance.The County shall written authorization from the be deemed to have consented to B.The Company shall maintain, subscriber so affected. Valid a proposed transfer or assign- as a minimum, the following authorization shall mean writ- ment In the event its.refusal- (access channels): ten approval from the subscrib- consent is not communicated in er for a period of time not to writing to the company within (111 At least one (1) specially exceed one (1) year, and said sixty (e0) days following the designated. ublic access chl t non-commercial authorization een obtained shall the t have s receipt d written notice of the the County. scriber as a condition for proposed transfer or assign- by service not requiring men[. _ C. 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'pays Auedww ++ The Johnstown Breeze, Nov. 19. 1981-17 posal. shall Promptly remove from the wry the owner, or his agents or (4) Failure to provide the streets and public places all representatives for damages or types of service promised or such property and poles of such from liability for damages required hereunder. system, other than any which caused by the installation, the County may permit to be operation, maintenance or re- (5) Failure to restore service abandoned in place.In the event moval of cable television facili. after ninety-six(98)consecutive of such removal, the company ties. hours of interrupted service, shall promptly restore the street except where approval of such or ,tier area from which such CENSORSHIP PROHIBITED interruption is obtained from the Pro�erty has been removed to a County; or condition satisfactory to the A. The County shall not prohibit County. Any property of theprogram any program or class or (6) Material misrepresenta. company to be abandoned in censor the[hrogracommunicationsorotherwise tlon of fact in the application for Place, shell be abandoned d i signals by the co mpany franchise. such manner as the County may com any or other prescribe. Upon a permanent parties over the cable corn- s. Any of the above mentioned abandonment of property of the munications system;other than shall not constitute a major company in place the company programs on the designated breach if the violation occurs, shall submit to the County an government access channel of but is without fault of the instrument, to be approved by channels, and shall not promul- company or occurs as a result of the County, transferring to the gate any regulation or condition circumstances beyond its con- County the ownership of such which would interfere with the trol. The company shall not be Property, right of free speech by means of excused by mere economic - ca le television. hardship, by misfeasance or B. If company malfeasance of its directors, P ny fails to remove B. The company shall not officers or employees. any property as herein re. prohibit or limit any program or quested, the County may per- class or type of program C. The County may make a form the work at the company's presented over any channel written demand that the com- expense. made available for public pany comply with any such access, educational access provision,rule,order F or determ. RULES AND REGULATIONS government access or leased franchise and-o under r this Ordinrsuant ance. In addition to the inherent acces purposes. If the violation by the company powers of the County to regulate COMPANY NOT TO CONTEST, continues for a period of thirty and control this franchise for VALIDITY OF ORDINANCE (30)days following such written Cable Television service and OF FRANCHISE, ' demand without written proof those powers expressly reserved that corrective action has been by the County or agreed to and By acceptance of the grant of taken or is being actively or provided for herein the right any franchise pursuant to this expeditiously pursued, the issue and power is hereby reservedly Ordinance for Cable Television of termination of franchise may the County to promulgate such service,the company covenants be placed before the Board.The additional regulations as it shall and agrees that it will not,at any County shall cause to be served find necessary in the exercise of time or in any manner or upon the company at least its lawful powers and in the proceeding, set up against the twenty (20) days prior to the furtherance of the terms and County any claim or proceeding date of such Board hearing, a conditions of this Ordinance. challenging this Ordinance or written notice of the intent to Such additional regulations may the grant of the franchise request such termination and be promulgated by Resolution of pursuant to this Ordinance as the date and place of the the Board of County Commis- being unreasonable, arbitrary, hearing. Public notice shall be sioners. voidable or void, nor that the given of the hearing and issue County did not have the power or which the Board is to consider. RENEWAL authority to make such term or condition and shall be required D. At the public hearing, the A. Any franchise for Cable to accept the validity of this Board shall hear and consider Television service may be Ordinance in its entirety, renewed by the Board of County the issue and shall hear any person interested therein to Commissioners for a period not SEVERABILITY CLAUSE determine whether or not a to exceed ten(10)years,if,upon violation by the company has a review of the company's If any part, section, subsection occurred. performance during the initial sentence, clause, or phrase of that such term,renewal is determined would be in held tOro invalid,id, suche is for yinvalitl F. If the Board n shall determine the County's te violation by the company Y best interest, ity shall not affect the validity of was the fault of the company B. In considering any renewal the remaining sections of the and within its control,the Board pursuant to this provision, the Ordinance or of said standards; may,by Resolution,declare that Board of County Commissioners the Board of County Commis- the franchise of the company is may examine and consider: sioners hereby declares that it forfeited and terminated unless would have passed the Ordin- there is compliance within such (1) Past performance by the ance and adopted such period as the Board may fix; company. standards in each part, section, use such period not to be less than subsection, sentence, clause or sixty (60)days, provided no (2) A review of reportsphrase thereof, irrespective of opportunity for compliance need prepared throughout the life of he fact that one or more parts, be granted for fraud or mis- the franchise including the sections,subsections,sentences representation. system technical performance, clauses or phrases be declared the development of cable invalid. F. The issue of forfeiture and services,the costs of services to termination shall automatically the subscriber and the perform- - - — be placed on,the Board,agenda ance of similar systems in other The above and foregoing Ordinance No.94 was,on motion duly made anti seconded, e adopted by the following vote on A.D., 1981. day C. Any renewal made pursuant to this Section shall be by BOARD OF COUNTY Resolution, after notice to the •COMMISSIONERS pubic as defined herein, and WELD COUNTY 'FORECLO8URE! - public.hearing. COLORAAd • RECEIVERSHIP D.No renewal under this Section Chuck Carlson,Chairman is to in any way limit or restrict A.Upon the foreclosure or other the ability t award other - substantial l sale of the or services franchises r to thisevision Ordin- Norman Carlson,Pro-Tern Communication system,or upon ance. the termination of any lease covering all or a substantial part E.Any renewal of the franchise C.W.Kirby • the system,the company shall pursuant to this Section shall be y notify the County of such fact. done in accordance with the then and such notification shall be existing rules and regulations of John T.Martin treated as a notification that a the Federal Communications change in control of the corn- Commission. pany has taken place and the requirements of this Ordinance - F. Any application for renewal June K.Steinmark governing the consent of the made by the company shall be :ATTEST Board of County Commissioners considered by the Board of ATTEST. Clerk to such change in control of the County Commissioners no later County company shall apply. than'120 days prior to the and Recorder and expiration of the initial fran- Clerk to the Board B. The Board of County Corn- chise term. missioners shall have the right By: Deputy County Clerk to cancel the franchise 120 days LANDLORD-TENANT after the appointment of a RELATIONSHIPS APPROVED AS TO FORM: receiver or trustee,to take over and conduct the business of the A. Neither the owner of any company, whether in receiver- multiple unit residential dwel- County Attorney reorganization bank- ling nor his agent or representa- ru• ptcy or other action or five shall interfere with the right Nov. 9, 1981 — First Reading ceivership or trusteeship shall thereof to receive cable televi- Nov.19,1981—First Publication have been vacated prior to the sion service, cable installation Nov.30, 1981 — Second Reading of said 120 days, or or maintenance from a cableg unless; communication company regu- Dec. 3, 1981 — Second PubHca- lated by and lawfully operating tion (1) Within 120 days after his under a valid and existing cable Dec. 14, 1981, Final`Readinqq election or appointment such television franchise issued by Dec. 17, 1981 — Final Publics: or trustee shall have the County. tion fu• lly complied with all the provisions of this Ordinance and R. Neither the owner of any in the Johnstown remedied all defaults there- multiple unit residential dwel- Published PsNov. 18, 1981 under; and ling nor his agent or re resenta- tive shall ask, demand or Co Legal 811.248-Clerk to Board (2) Such'receiver or trustee, receive any payment,service-or within said 120 days, shall have gratuity In any form as a • executed an agreement duly condition for permitting or approved by the Court having cooperating with the installation IIMIIMININF jurisdiction in the matter, of a cable television service to whereby such receiver or the dwelling unit occupied by a trustee assumes or agrees to be tenant or resident requesting Is your bound by each and every service. provision of this Ordinance and . the franchise granted to the C. Neither the owner of any name and . company. multiple unit residential dwel- ling nor his agent or represents- address NON-DISCRIMINATION tive shall penalize, charge or surcharge a tenant or reliident q A.The company shall not deny or forfeei8it or threaten to forfeit servicorrect? discriminate access against subscrib.therwise resident,or disht of criminate in any �: s 4'/4s Cr 8 �'� �t •L ers, channel users, or general way against such tenant or 't,P Ef3 CB �ro citizens on the basis of race, resident who requests or re- JI. colorhe Company national origin or ceives cable communication �"".P,' �•� tpi, sex.adhere Compny shall mploly se- rrvice from a company opera6g Opportu to nittyy requirements cable television under a valid ranchisand exi7ssued ,,,/ N.1 t of the F.C.C. by the County. — B. The company shall comply, D. No person shall resell, Please check the address at all times, with all other without the expressed, written lalx•I on this issue of applicable Federal, State and consent of both the company and THE JOHNSTOWN BREEZE. County Ordinances and laws, the County, any cable service Ii 001 accurate and complete. and all executive and adminls- program or signal transmitted please send corrected label. trative orders relating to non- by a cable television company with this notice.to: discrimination. operating under a franchise issued by the County. ABANDONMENT-REMOVAL THE JOHNSTOWN BREEZE OF FACILITIES E. Nothing in this Article shall P.O.Boa 400 prohibit a person from requiring Johnstown,CO.15534 A. In the event that the use of that cable television system any part of the system is facilities conform to laws and If your address is not accurate discontinued for any reason by regguulations and reasonable con- and complete you may miss the company for a continuous dlfions necessary to protect period of twelve(12)months,or safety, functioning, appearance one nr more issues of the paper In the event such system or and value of premises or the when the Post Office returns property has been installed in convenience and safety of per- the label to us for correction. any street or public place sons and property. without complying with the • requirements of this Ordinance, F.Nothing in this Section shall ' or the rights granted hereunder prohibit a person from requiring have been terminated,cancelled a cable communication com- or have expired, the company pen,from agreeing to indem- CQoyla P&ail {2c AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ss COUNTY OF WELD I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice'6r advertise- ment was published in the regular and entire issue of every number of*aid weekly newspaper for the period of ..I... consecu- tive insertions; and that the first publication of said noticewas in the issu of said newspaper dated'f. rt-.3., A.D. 1 ..t,, and that the last publication of said notice was in the issue of said newspaper dated , A.D. 19 In witness whereof I have hereunto set my hand this ...r.0 day of rSYYG A.D. WV • Publisher Subscribed and sworn to before me, a Notary Public in and for the County of Weld,/State of Colorado, this/Gerz: day of A.D. 19.21... /4'')/;r/ /---<---;Notary Public, . My commission expires . .a%..:fT- ' � .c;� ,/ Public or any other suitable type of AA. "Return signals" means a PUBLIC NOTICE audio-video communication re- signaling path provided by a ORDINANCE NO.94 ceivers,to all subscribers within cable communications system the permit area of the County of to transmit signals of any type all signals of over-the-air teie- from a subscriber terminal to AN ORDINANCE RELATING TO CABLE TELEVISION vision broadcasters allowed by another point in the cable FRANCHISES. television F.C.C. to be carried by the communications system. May televisionsy stem as defined by include "Class IV Channels" as the F.C.C.; all F-M radio defined by the F.C.C. BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- local stations aiitl on the system; l ; ed- B SIONERS OF WELD COUNTY, local alchannels: origination ;public "Service"communications, maintenance, l mean , COLORADO: accessn channels; re m,, and inns than s; leased access repair, and by the company, WHEREAS the County has s channels; pay television Chao- provided the company, vile; and other services pro- including the delivery rofa broad- been Television b prospective and tiee r in this Ordinance and cast ed by and programming itCable is tt operators and the company's application. covered theregular monthly foranticipated that formalcharge paid all subscribers,ty proposalsis for serving the County I. "Channel"shall e a band service such standard type r ith orCable Television service (of MHzq wide es six(6)megahertz service includingisV companies a fur- have or will be made, and (MHz-) in the which nished Coat ly charge WHEREAS, there exists a magnetic spectrum which is regular monthly churgge and need for regulation of Cable capable e carrying either one services al are communications urnidas Television service available audio-video television signsignal or services as are furnishedia within the Count a number of nonvideo signals. part of the cable way of ybons system u in the way of SOW, THEREF ORE, BE IT J. "County" means the County of two-way, return path services. ORDAINED by the Board of the Staf te o Coloradoome Rule. CC. o[ CC. "State" shall mean the County Commissioners of the State of Colorado. County of Weld, State of K. "Board of County Commis- Colorado, that: sioners"shall mean the present DD. "Street" shall mean the governing body of the County or surface of and the space above CABLE TELEVISION any successor to the legislative and below any public street, FRANCHISES powers of the present Board of road, highway, freeway, land, DEFINITIONS: For the pur- County Commissioners. path,public way,or place,alley, court, sidewalk, boulevard, pose of this Ordinance, the L. "Company" means that parkway, drive, or other ease. following terms,phrases,word, ' permittee awarded a permit ment now or hereafter held by and their derivations shall have pursuant to this Ordinance for the County for the purpose of the meanings given herein purposes of operating a cable public travel, and shall include When not inconsistent with-tht television system with the such other easements or rights- context words used in the County or the successor, trans- of-way as shall be now held or present tense lrk,lude the future, ferree or assignee of the original hereafter held by the County words of the plural number applicant for such franchise. which shall, within their proper include the singular number, use and meaning, entitle the and words, in the singular M. "Converter" shall mean an County and the company to the number Anclude the plural electronic device which con- use thereof for the purpose-of _number. The word "shall" is vents signals to a frequency not installing or transmitting sig- mandatory, and "may" is susceptible to interference with- nals over poles, wires, cables, permissive. Words not defined in the television receiver of a conductors, ducts, conduits, shall be given their common and subscriber, and by use of an vaults,manholes,amplifiers ordinary meaning. appropriate channel selector, appliances, attachments and also permits a subscriber to other property as may be A. "Access ChaMelr" means those channels set aside for view all signals included in a ordinarily necessary and per- hse specific access purposes,induct- basic service delivered at deslg- tinent to a Cable Television ip but not limited to,in the nated converter dial locations. system. Bi 4E. "Subscriber" or "user" following: N. "Easement"shall be limited- shall mean any person or entity to those rights-of-way owned by receiving for any purpose any (1) "Public access channel" the County, the terms, condi- service of the company includ- means a specially designated time or limitations upon which ing, but not limited to, the non-commercial public access are not inconsistent with the conventional Cable Television channel available on a first- erection, construction or main- system service of retransmis- come; non-discriminatory basis finance of a CATV system, its Mon of television broadcast, for which the system shall structures or equipment radio signals, compan s maintain and have available fororiginal broadcasting. , and the free public use at least the O."Equipment and apparatus" local government educational,. minimal equipment and facill- means manholes. underground public access,and leased chart- ties necessary for the production conduits poles, cables, boxes, nets and other services, includ- of programming for such a wires, fixtures conductors, or ing, but not limited to, the channel. other facilities necessary leasing of channels, data and (2) essential or used or useful to and facsimile transmission, pay "Education access than- nel" shall mean a specially operated sem by the cable television - similar public service communi- designated channel for use by cation and services associated local educational authorities. P. "F.C.C." means the Federal with the production and pre- Communications Commission of sentation of access channel (3) government the United States Government programming. channel" means a specially or its lawful successor. designated channel for local FF."System"means the broad- government use. Q. "Fair market value" shall band communications facility access channel" mean the price that a willing which is to be constructed, (4) "Leased ac of cess systems buyer under no compulsion to operated,and maintained by the means portionsbuy would pay to a willing seller company. non-broadcast bandwidth in- under no compulsion to sell. cluding unused portions of the _ — -- specially designated channels Two-..uv cap.,ollily'.shah R. "Franchise" shall mean the mean the technical capacity for .non-exclusive rights granted non-voice return communica• B. "Additional subscriber sec- construe and ant to this -Ordinance Cable times. ACCEPTANCE AND vice" or "additional service" Television system along the EFFECTIVE DATE OF means any communications ser- streets, alleys, and public ways FRANCHISE vice, other than basic service, of the County. provided by the grantee to its A. The franchise for CATV subscribers, directly or as a S. "Gross revenue" means any service granted by the Count carrier for its subsidiaries, and all revenue derived directly pursuant to this Ordinance shall affiliates, or any other person or indirectly by the-company, grant to the company the right engaged in communication ser- from or in connection with the and privilege to erect,construct, vices,including,but not limited operation of the Cable Televl- operate and maintain in, upon to, pay television signals data soon system. All revenues shall along, across above, over and or other electronic intelligence include, but not be limited to, under the highways, sidewalks, transmission, meter reading, basic subscriber services easements, dedications and and home shopping. monthly fees, pay cable tees, other public property now in leased channel fees, converter existence and as may be created C."Annual gross receipts"shall rentals, studio rental, pro- or established during its term, mean any and all compensation, duction equipment and person- any poles, wires, cable under. revenue, and other consldera- nel fees, and advertising rave- ground conduits,manholes, and tion, derived directly or indir- nues; and shall not include any other television conductors and ectly, in any form whatsoever, taxes on services furnished by fixtures necessary for the main- by a franchisee, its affiliates, the company, imposed directly tenance-.and operation of the subsidiaries, parents, from or upon any subscriber or user by CATV system for the intercep- inconnectionwith,theoperation the State, County or other Lion, sale, transmission, and w the n o bye Television sion system, governmental unit and collected distribution of television pro- with by the company on the behalf of grams and other audio-visual D. "Applicant"licant" shall mean the said governmental unit, and electrical signals and the right p shall not include refunds or to transmit the same to and natural person, partnership, credits to subscribers. from the inhabitants of the domestic or foreign corporation, County on the terms and association, Joint venture or T. "Initial service area" shall conditions hereinafter set forth. organization of any kind which mean all that area within the Existing utility poles of other applied for a franchise for Cable boundaries of the permit area as utilities may be used only if Television to be regulated here- it may be changed from time to written approval from such under. time having at least fifty (60) utility is obtained and approved dwelling units per street mile, by the Board of County Commis- E. "Application" includes all and as set forth in the com- goners. written proposals, in whatever pang's application. form, made by the applicant to B. Any franchise granted and the County concerning construe- U."Installation"shall mean the regulated hereunder together tion, rendition of services, connection of the system from with the rights, privileges and maintenance, or any other feeder cable to subscribers' authority granted thereby shall matter pertaining to the Cable terminals. take effect and be in force from Television system contemplated - and after the effective date of herein. V. "Party" means any person, the granting of the franchise and F. "Basic service" shall mean firm, partnership, association, , after the company has: corrpporation,compel'y,or organ. all subscriber services provided izaton of any kind. (1) Filed with the County by the company, including the Clerk and Recorder an uncondi- deliverY of broadcast signals, W. "Programmer" means any tional acceptance of the fran- covered by the regular monthly person who is or who produces chise rant and enter into and charge paid by all subscribers, or otherwise provides program execute such documents as excluding additional service,for material for transmission by required by the County consis- which a separate charge is audio, video digital, or other tent with the terms and provi- made,and shall include,but not signals, either live or from eons of this Ordinance. Said be limited to, the following: recorded tapes. to subscribers acceptance shall be in a form as (11'All signals of over-the-air by means of the Cable Televl- prescribed by the County and television broadcasters as re- soon system. shall contain provisions that the quired by the F.C.C. to be company, by its acceptance, carried by a community anten- X. "Property of the company" agrees to provide all services na television system as defined means all property, real or specifically set forth in its by the F.C.C.; and personal, owned. installed, or application to provide CATV used within the permit area by service within the confines of the (21 channels designated for the company in the conduct of permitareaandfurther,thatits - special purposes by the Council the Cable Television system application is incorporated by or its designate; and business under the authority of a reference and made apart of the franchise granted pursuant to franchise and this Ordinance.In (3) public, educational, local this Ordinance. the event of conflict between government local organization such proposals and the provl- and leased access channel Y."Public property"is any real stone of this Ordinance, that signals; and property owned by the County provision which provides the other than a highway,sidewalk, greatest benefit to the County,in (4) additional service as easement or dedication. the 'opinion of the Board of proposed by the company in its County Commissioners shall application, or as it may Z. "Public notice" shall mean, prevail.Any acceptance filed by hereafter provide. unless otherwise defined herein, the company pursuant to this minimum publid notice of any sections all be in writing, duly G. "Cable Television system," County public meeting relating executed and sworn to by or on "CATVn system," or "Commun. CATV franchise ce granted pug behalf iry Putblie coorpotherbauthoe r ity Antenna mTelevision"of antenna,shall suant to this Ordinance and Shall ized by law to administer oaths. mean , wryes, l towe be by publication at least once in cables, wires, lines towers, a local newspaper of general (2) File certificates of Maur. wave guides, or other con- circulation at least ten(10)days ance as set forth in the Section oror faciltors, ies. designed esn, and prior to the meeting and entitled Liability and Insur- st uc edges, the ana po01 producin for iv purpose, ransit. da prior ornt on the meeting, ance" herein. producing, receiving,an transme- to the nits sub Ling, amplifying sig and diatribe-in company shall f notify its sub- credit, such bonds, letters s f t the permit area. located in announce announcement the at leasteting obne and other Sections sureties as permit area. (1) nnelofits CATV V system one Letr f the ash entitled between the hours of 700 p.m. and"Letter Credit-Cash BondePoslt" meansH "Cable Television service"y and 9:00 p.m. for ten (10) the elisiony by the consecutive days. company to television receivers, The Johnstown Breeze, Nov. 19, 1981-15 otices yy (4) Reimburse the County for also include any benefit, pay- formed agents o the ioe contractors, -em- the - remaining balance of any ment or emolument whatsoever ployees, costs incurred in conducting a resulting from the grant of a and the cost of elections or public hearing in determining franchise by the County. otherwise, for the granting of the grant of any franchise for (b) If the applicant is a said franchise. In addition, the CATV service, non-public corporation, the applicant shall pa•all advert's. application shall state addl- ing and publication charges (5) Pay to the County an tfonally, the names and ad- incurred by the County. advance franchise fee of$500.00 dresses of the officers, directors to be credited against sums due and c'areholders of said corpor- (2)Any funds remaining after under the Section of this salon,together with the number all expenses have been paid will Ordinance entitled "Applica- of shares held by each share- be refunded equally to the tion." holder, the date of lncorpora- applicant. The County shall not tion, the date of the last annual guarantee any amounts to be C.In the event the company falls report. and a statement as to refunded. to comply in full with paragraph whether or not the corporation is B of this Section,then it shall be licensed to do business in the O) In nses the event t [ot that the expenses conclusively considered that the State of Colorado. P company has abandoned its amount of the fees collected for application and rights to such (C) If the applicant is a the applicant,then the company grant and award of the fran- publicly held corporation as shall pay to the Count the chase, and any such rights that defined by the Rules and excess amount within thirty(90) the company may have acquired Regulations of the Securities days of the award of the under this Ordinance or the and Exchange Commission, the franchise, as certified to the grant of tYhYe franchise shall statement. shall contain the company by County. immediately have no rightnd , end-or qualified states in hto incorporated business, TIME IS OF THE ESSENCE privilege or authority what so- the names and addresses of the ever under this Ordinance. In officers and directors of the Whenever this Ordinance shall the event the company has paid corporation, the names and set forth any time for any act to the initial franchise fee as addresses and number of shares be performed by or on behalf of required in paragraph B above, owned by all stockholders, both the company,such time shall be such fees shall be refunded to nominal and beneficial,owning deemed to be of the essence,and the company if the company has one Percent(1 percent) or more any failure by the company to otherwise complied with said of the outstanding stock of the perform within the time• set provisions. If It has not, the applicant. forth shall constitute a material aforesaid costs of awarding the breach of the terms of this franchise shall be deducted (d) A full disclosure of the Ordinance and'shall entitle the therefrom and the balance ownership of the facilities to be County to invoke all penalties refunded. used in rendering the service. and remedies prescribed in this Ordinance as well as all other D. The company shall have no (7)A statement describing all legal or equitable remedies recourse whatsoever against the intra-company relationships of available to the County. County for or on account of any the applicant, including parent, FRANCHISE TERRITORY loss cause,expense or damage subsidiary or affiliated com- arising out of any Provisions or panes. requirements of this Ordinance The company shall not be and-or the grant of any fran- (S) A statement setting forth •required here nder to extend its chine by the County. all agreements and understand- service to any area unless there Inge whether written or oral exists in that area a potential of E.The company,by acceptance existing between the applicant at least fifty,(50) dwelling units of any franchise awarded pursu- and any other person, firm, per street mine. When the ant to this Ordinance acknowl• group, or corporation with potential of fifty (50) dwellinS edges that it has relied upon its respect to any franchise units per street mile does not own investigation and under- awarded and the conduct of the exist,the company shall make a standing of the power and operation thereof existing at the charge for installation at actual authority of the County to grant time the application is made. cost, including labor and such a franchise. 1to material, for cable extension, F.It shall beptthneYoverriding duty ments fo Audited the applicant's t o system.servicing this portion of the francf hise to take advantagef applica latest nt hl asnos t been nless the i LOCAL BUSINESS OFFICE; any new developments in the existence for at least two (2) SERVICE MAINTENANCE field of transmission of tele- years, in which case the STANDARDS AND vision and'radio signals which applicant shall furnish audited COMPLAINT PROCEDURES would afford the company an financial statements for such opportunity to be more efficient lesser period of time covering A.The company shall maintain or to more efficiently and the period that the applicant has a local bus ness office within economically serve its cus- been in existence. If the appli. five(5)miles of the permit area tomers so that,at all times,said cant is a partnership, audited for the purpose of receiving Cable Television system shall be .financial statements shall' in. inquiries, complaints and re- no less advanced that any other dude coppies of the aederal quests for repairs or adjust- system of comparable size, Partnership Income Tax Re- manta from its customers and excepting only systems which turn"for its latest two(2) fiscal the general public. Said office are experimental pilot or years or such lesser period of shall-also be operated so that demonstration. It shall be the time that said partnership has complaints and requests for policy of the County that the been in existence. repairs or adjustments may be CATV system shall as practl. received and processed with a cable, maintain the current (10)A technical description of minimum delay. Provisions state of the art as it regards the type of network proposed by shall also be made for telepphn- CATV,and this Ordinance may the applicant,including,but not (calli receiving service inter- be amended when,in the opinion limited to network configure-- ru tion call on a twenty-four of the County,such amendment tion e.(1. , hub) network capac- (2l-)hour basis on a non-ton line. is necessary to facilitate the ity, two-way operation capabil- adoption and promotion of the ity and service to be provided use of new developments in the and a description of the studio or industry. studios, studio equipment, planned hours of operationand CATV FRANCHISE hours of availability,if any,that REQUIRED will be made available to governmental, public and-or No CATV system shall be educational institution or allowed to occupy or use the agencies. right-of-way of the County or be allowed to operate without a CATV franchise. B.The company shall maintain a repair and maintenance crew capable of responding to sub- scriber complaitts and requests for service at normal aervl intervals.When the basis of the complaint is a defector problem existing in company owned, in- stalled or maintained equip- ment,there shall be no charge to (11) A statement from the the subscriber for this service. applicant's senior technical Normal service interval, for staff member, or consultant, purposes of this Ordinance,shall AUTHORITY NOT advising that he-she has re- mean the period between the EXCLUSIVE viewed ibis Ordinance and that time that the company Is the applicant's planned network notified by the subscriber of a The right to use and occupy said and operations thereof will meet serviCetdeficience ajtdfoll t e third streets for the purposes herein all of-therequirements set forth recse eipt Spo such notice provided set forth shall no be exclusive, herein. that t of such or his and the County reserves the representative s iberor his right to grant a similar use of (12 A statement of existing re the period,at the available,abl dur- saidseers to any person at y franchises held by the appllcan •Phis rovision shall no apply to ses time during the period of this indicating,with particularity, new rovisi requests for l no ap until franchise. when the reds nee were issued initial construction of the rya- - sr awarded and when the tern is substantially completed. APPLICATION get er were constructed name, to- gather with the r ofaddress w ay verbal, telephoneto or C.b Applications for franchiseicpu for and phone number e a ab of written complaint relity of g the ant Or'Television service all be mental tl knowledgeableits o- shall be or continuity of service ant to this Ordinance shall d the applicant nea and e rchile normal l servatteicede within a s with a the stu co Clerk and area in each such franchise event interval. In the shall at least contain the area. ever that such complaints are following: not r to to that service (19)Astatement as to nwofth ir notir res by red C the levels (1) The name business eof the applicant to any of its `required by the F.C.C. a by the address of the applicant,siu date pastofficers e directors has,f the terms of this Ordinance dual,the application,and pr c of the felony.been convicted of any normal service e interval,the teapplicant or appropriate torpor- felony. subscriberrete shah one-fifteenth e n (1-1 ) f a ate o[flcere. - hsa rf moss service (or)A TY experience Once of the monhly part (2) The esri shall n prior CppTV experience of the o for each e or part contain ia ant's general proposed opera- of applicant 's office , of the thnormal service e ce i the end od tthe the aIpncicding yout n t it applicant's of[t/o b e, manage- pine iinterval and the toss Including,but not limited mane and staff o associatedelion. time service is restored to shall set to: business ances, operating r with the proposed operation. not apply This provision h is a n and procedures, not ao edY ia ussuer delay of of management and marketing If any fr franchise, is for occaGod, r because of an act r• staff compliment and pro- renewalose of the clude, in the God, strike, national rcum- markcedures, management a and. on tomustinformation o mation, a sirel-d sency, or any other control of the procedures, staff es o operation in nn the In (1) thro required stance om beyond-the ly, of the pro public a, rules p3 operation subsections (1) through (14), company.shy. Similarly, this pro- forve to b a statement af above: vision is orali not plait'to service services s be provided,the a requests co set u ctin- des and of the system ch A summary of the or to television mat ecLed design, and proposed program- technical, financial and pro- r other operation breakdowns notrelated Cbl ming. grammingwork history t the net. the onesyste . the Cable work since the granting of the Television system. (8)A statement setting forth a original franchise. D.The Company shall establish description of any automated y services proposed as well as a (b) A statement and time procedures for receiving,acting description of any automated table that outlines all proposed upon, and resolving subscriber services proposed as well as a changes expansion or Improve- complaints. The company shall description of the production menus in Lee network as to furnish notice.of such pro. facilities to be made available services,programming or tech- cedures to each subscriber at by the applicant'for public nical specifications during the the time of initial subscription to municipal and educational forth-coming ten (10) year the system. In addition, the access channels. period. grantee shall maintain a written record or"log listing date and (4) A statement explaining (16) A description of the time of customer complaints any assistance, in terms of boundaries of the proposed area identifying the subscriber and personnel, equipment or capac- of service. describing the nature of the sty, to be designated for the complaints and what action was programming or programming B.The County reserves the right taken by the company in assistance for the public educe- to require such supplementary, response thereto, and such tional and governmental access additional or other Information information as the County may channels. that it deems reasonably neces- require regarding said corn- eary for its determination under plaints, shall be transmitted to (6) A statement of the this Ordinance. the County Clerk no less than applicants proposed rates in monthly or as otherwise sped. conformity with this Ordinance. C, Notwithstanding any other fled herein.Said records shall be requirement,each applicant for kept at the company's local (6) A description of the a CATV franchise must ac- office refletingB the operations to applicant's organization and company,with its app•hcation,a date and shall be available for structure Including: certified check for s•'".00 made inspection during regular busl- paYable to the County of Weld, nesd hours. (a) If the applicant is an Colorado. No application for a E. In the event complaints of a individual partnership,or unin- franchise will be considered similar nature are made, or corporate[ association, it shall without the accompaniment of where there exists other evi. state the names and addresses said check. dence which,in the judgment of of all persons(including carper- the County casts a doubt on the ations) having a proprietary or (1)All checks received will be reliability or ualityY of the cable equitable interest In'and to the deposited to an account of the service provided, County shall prospective franchise if County and will serve to recover have the right to test analyze awarded. The term ' equitable all expenses incurred by the ' and report on the performance Interest" shall include all County in granting the Fran- of this system. Such reports assignments for value as well as chide. Said expenses shall in- shall be delivered to the County any right or pt pDrivilegee under s the cof nsultants't nexpt enses, reason- after tthe C,oun than tyrformn ally n ti prospective franchise,and shall- able value of services per- Des the company and shall • Public Include the following informs. shall be placed in the right-of. D. The rights reserved to the tion; the nature of the corn- way between the roadway and County with respect to the plaintsich precipitated the the property,as specified by the Letter of Credit or cash deposit special tests; what system County. are in addition to all of the other component(s) were tested, the rights of the Count equipment used and thepro- d. whether All rs, caplet, amplifiers reserved d this ands or resultss of in testing;the and other property shall be authorized pr by law, and no methods in such ich tests;said corn constructed and installed in an action,with esing chice hf plaints were resolved, if a il. orderly and andworkmanlike re a right i with respect to such cash Pdi fashion. nsAll cablesled and. wires deposit re of ttheCreditC shall y cable; and at and all a ie- exalt be pod parallel tic may anyve other right the County venal information deemed rile• existing telephone nerand electric may have. want by the County, wires whenever possible. Mutts. ple cable configurations shall be ` CONSTRUCTION BOND F. Any tests or analyses required hereunder shall be arranged in parallel and be - bundled, with due respect for A. Within thirty (90) days after . supervised by a registered engineering and safety consider. the award of this franchise, the professional engineer not on the atlons. All installation shall be company shall obtain and main. er selected permanent staff toe thf eucompany underground in those areas of fain at its cost and expenses and and shall then all records Said County where all public file with the County Clerk, a of special tests sign reco to s utilities (those providing tele- corporate surety bond from a Ire County such records with a phone or electric service) are company authorized to do bust- the interpreting ythe results a underground. In areas where peas within the State of Colorado both telephone and electric and-found acceptable by the 'he test and aocommend ing facilities are above ground at County Attorney in an amount .tion to be taken by the County. the time of installation, the to be determined by the County .2Dsts of said en5lneer shall be grantee may install its service to guarantee the timely con. borne by\the company. above ground provided, how- struction and full activation of COMPLIANCE WITH ever that at such time as those this Cable Television system. AND FEDE LAWS STATE facilities are required to be laced underground by the B. The bond shall provide, but Notwithstanding any pro- placed the company shall not be limited to, the following ot this Ordinance other likewise place its service under- conditions: There shall be vision in the company shall,the ground without additional cost recoverable by the County, P to the residents of the County Jointly and severally, from the all times comply with all laws other than as may be granted by principal and surety,any and all and regulations of the State and the provisions of This Ordinance. adaamages,loss or costs suffered Federal government or any_ by the County resulting from the of Provided agencies ehi i if any F. The County shall give the failure of the company to such:State or Federal law or company reasonable notice of satisfactorily complete and fully su is State shallplans for street improvement activate the CATV system company from performing tt the permanent natureis 1nvolvetl throughout CATS'franchise will be service, in conflict with the The notice shall give the initially available to subscribers terms of this Ordinance or of company sufficient time to pursuant to the terms and County,then as soon possible make rarepairs additions, ittsO facilities tasnit conditions oentitl Section"Construe.this follo4,, gknowledge thereof,the deems necessary in advance of tion Time Tables." company shall notify the County the actual commencement of the of the point of conflict believed work, so as to permit the C. Any extension to any pre- to exist between such regulation company to maintain continuity scribed time limit must be or law and the laws or of service. authorized by the Board of regulations of the County or this County Commissioners. Such Ordinance. G. The company shall, at the extension shall be authorized request of any person holding a only when the Board finds that POLICE POWERS building moving permit, temp- such extension is necessary and orarlly raise or lower its wires to appropriate due to causes be- othinggggrin this Ordinance orin permit the moving of said yond the control of he company. ..ecordance agreement Ordinance be temporaryTreemoval raising or D. The construction bond shall construed as an abrogation by lowering of wires shall be paid be terminated only after the the County of any of its police by the person requesting the Board of County Commissioners powers. same, and the company shall finds that the company has have the authority to require satisfactorily completed initial PARTIAL LISTING OF - such payment in advance. construction and activation of RIGHTS RESERVED the CATS, system pursuant to TO THE COUNTY H. The company shall have the the terms and conditions of the A. The County reserves such authority hangingtoty to v trim trees over- Section entitled "Construction g pon streets, alleys, Time Tables." rights and powers which under sidewa a,and any other plublic applicable Federal or State law places of the County so as to E. The rights reserved to the or regulations,the County must prevent the branches of such County with respect to the reserve and maintain.Company trees from coming in contact construction bond are in addi- shall comply with any action or with the wires and cables of the Lion to all other rights of the requirements of the County in company. All trimming is to be county whether reserved by the exercise of such rights and done under the supervision and this Ordinance or.authorized by powers which either have been direction of the County and at law, and no action, proceeding or shall subsequent to the grant the expense of the company.The or exercise of a right with of the franchise be enacted or company shall make every respect to such construction established. effort to preserve the aesthetic bond shall affect any other right beauty and viability of any trees the County may have. B. The County may inspect all or shrubbery trimmed. The construction or installation work company may contract for such F. The construction bond shall performed pursuant to any services; however any firm or contain the following endorse- CATV franchise. individual shall obtain County merit: approval prior to commencing C. The County may grant, such activity. Any property "It is hereby understood and additional franchises within the owner whose property may be agreed that this bond may not be ermit area to other persons for affected shall be given written cancelled by the surety nor the the conduct of Cable Television notice of the company's intent to intention not to renew be stated systems. , undertake such actions at least by the surety until sites (30) ten, (10) days prior to such days after receipt by the County, ,NOTICE - trimming. in'-order—that% said by registered mall, a' Written ' property owner may undertake notice of intent to cancel or not All notices from the company to tae required trimming them. renew." the County pursuant to this selves and to consult with the - __ -- Ordinance shall be to the County company in that regard.All tree Clerk or to inch ntkn. "m,.e.e _ _ INDEMNIFICATION A.The company shall,at its sole cost oy and expense fully indemni- I. Public buildings shall be con- indemni- fy,defend and hold harmless the nected¢ to thethe cable system at no commission its s land employees Conniasguchon hredueete foron fsere suits, any and and CONDITIONS OF STREET y n q OCCUPANCY local shall be initiated by any judgments for damages d- A. The company shall have the CountYg�-vernment through the ing but not limited to, expenses es right and B Y monthly There shall be no for reasonable legal fees and g privilege of construct- basic subscriber servic for s providing disbursements m and County ni in Ing, erecting, operating, and facilities. assumed b maintaining a Cable Television y the in system,equipment and apparat- connection therewith): us, upon, through. along under LETTER OF CREDIT- (1)Tope arising or property, in and over the streets within the CASH DEPOSIT any way � permit area through, along, , the through the acts or omissions of provisions m hereof-andto all A.Within ten(10)days after the atgent r elyees or to which powers award of any scompany, its servants(including ponce franchise for a company's negligence powers) inherent In and con. Cable Television .operation any way contribute; shall in ferret upon or reserved to the granted pursuant to his Ortlln- contribute; County, ance,the company shall deposit.with the County, cash ora (2)arisingof e out of rightanyof claim v for B. No pavements, sidewalks, the Dmounit of TWO infor defamation da of the privacy, curbs gutters,m oris ,side such of-Credit D for co ti any person, street Installation shall be NO -100 DOLLAqteRSg firm or f infringement Ior viola, aistuibed and no excavation in ofZwhhiich0s'hall be aand ved by name,service markor patent y of the said streets will be the County Attorney.The copyright,any trade ate or any poles installed, of Credit shall be used to insurer personsYirm .or corporation except with the express written the faithful by the (pp firm rts of any be ipmentin ndc the County. All company of provisions performance and (excluding to(mouatystsrgo out of P apparatus All paise, allthis portion of said the company'sproposal;Ordinance, and mina); program- equipment as may be designated by ',Hance with all rde rmiitte thear any County. and company %cell and directions of any agency, p es comply with e commission, board depart. t (8) Arising out of the com- vaion to the extent that the mentn p o'a failure statute, to egul 1 pavement, sidewalk„curb, gut- County having or office o3 the or Ordinance applicable p Federal,tto state h teturn he t street installation is this ref viceJurisdiction and cthe pay company a p businest+,tithe existed y,refinance; prior to said disturbance claims,by, company of all In Its business here- or excavation. and taxes due the under; and' C. The company shall, at its of Op fns cons which arisbyreasons .y to pence, y is ct,disconnect, rrelo• maintenance of the t , or arise ot o1Mth liability which may cape in the same street or other B. tl regard to a claim for expublic fe place.sorstyeremove from the B. The a posit shall be mof Fetlerai state or localstatute,e, regulation or street or other public place,any t TWO THOUSAND rights Ordinance, dealing with civil property, of the company whe AND 0) during DOLLpR9 H. per antitrust, required by the"Countyy term of the durinh the entire B, In accordance with the reason of traffic conditions, unto have to b swithdrawn shaah,give County public safety, street vacation, pursuant foregoing Indemnity,Maki the street construction change In thissse tionnsubdivlelon q or C of notice or the commencement company prompt establishment of street grade, claim or the comma error of o[installation"of sewer, drains, C.If the company:fails toanywater pes,tracks or any provisions action, suit or other type of structural improvement the County any compensationt° vision r covered deemedby the by any public agency. within fixed herein; Nothing he of this Section. fallsthe time R. All wires, to pay after o tjpse (10) days' any notice to prevent thehall be end other es conduit, cables due and unpaid; nallso repay txs cooperating withCounty thh o from located.company and facilities the CountyCountythin ten(10)da of and participating a11Ugattimtbthe y Itsafan Own P y shall be so which the costs or expenses counsel at 1y and ed constructed,e asinstallea damages, endanger ofred unnecessarily not to a by reeaasontyof compelled a expense.of recovery cost °s of endere ter the usual aril inter- default of the 'company int or Cothe Let peranyosum CreditbyrY requiredby the ferry trade, traffic and travel connection with this franchised Section herpeof entitled reasons of upon the streets, and or fails, after three y"i any po it" hall in pon of the County.public notice of such failure s by�tgthe y Credit-Cash upon the libllty company shall op aurate Y o comply with. company County company and records of all its provision by this hany of the o the liability mfaaps and ds copies of which the County reasonably e exec riff¢terms of this Section said maps and as determines can be remedied by by the County any sum so received requested"sy d records ecpoles The or cash ton the Letter of Credit from any recovery be deducted ichh . company all not Coe tty cash dtepoosit the County which the other equipment w may County might have against her with the rights willpayment s Sempany under the tet,_ this orof the amount thereof, interest Section. inreasonable convenience of ad- ' penalties, and legal interest , Joining property owners,or with satin Letter rprevailof dirate deat duct A.The comp y than maintain, any gas, electric or telephone said amounts from the cash q fixtures,hydrants or r ewer any water deposit. Upon such for p g company char malntahe hro he sou ppeann mains. All poles and other payment or deduction the minimum liabilityttce tin nylerm on the fixtures placed in the streets ' of the amountoand the comp an County ply in the dGcom anf and the company date thereof. amour o otices (1) 2100,000.00 for property of the Electronic Industries damage to any one person; (c) Cash flow statement; Association,2001 I Street,N.W., (2) 5900,000.00 for property (d) Statementof sources and Washington, D. C. 20006. damage in any one accident; application of funds; (5) Bell Telephone System (3) 3300,000.00 for personal (e) Detailed supporting Code of Pole Line Construction. injury to any one person; and schedules of expenses, income, (6)Applicable F.C.C. or other assets and other Items as may Federal,State and local regula. (4) 51,000,000.00 for personal be required; tions and technical standards. injury in any one accident. (f) Statement of current and (7) With regard to any tower B. The insurance policy ob- projected subscribers and pene- constructed for tin in the tamed by the company in trafion. County's Cable Television sys- comnliance with this Section tem, Federal Aviation Agency must be approved by the County The company's accounting regulations, including. but not Attorney and such insurance records applicable to this cis- limited to. Objectives Affecting policy, along with written evi- tern shall be available for Navigable Airspace, 14 CFR Bence of payment of required inspection by the County at all 77.1,el seq ,February.1965,and premiums, shall be filed and reasonable times. The County Construction, Marking and maintained with the County shall have access to records of Lighting of Antenna Structures Clerk and Recorder during the financial transactions for the 47 CFR 17.1,et seq., September, term of the franchise, and may purpose of verifying burden 1967. be changed from time to time to rates or other indirect costs. reflect changing liability limits. (8) Federal Communicagtions The company shall immediately (7)The Board may extend its Commission Regulations,Tech. adyyvise the County Attorney of time for rendering pp a decision nical Rules and standards. 47 velopltthaton woudwhich affecty this tion for up to the days by CFR 78.801-T8.819 (172). insurance. Resolution.If Boar fails to act B. Construction, installation witC.Neither the provisions of this period the o initial any extension) day h systemashall be maintenance performed in an Section nor any damages re- company's petition shall be orderly and workmanlike man- corded by the County there. deemed to have been granted. ner. All cables and wires shall under shall be construed to or be installed, where possible, limit the liability of the company D.Company may charge special parallel with electric and tele- under any franchise issued lower monthly service rates to phone lines. Multiple cable pursuant to this Ordinance. hotels motels, nursing homes, configurations shall be arranged D. All Insurance ollciea main- hospitals, and other similar in parallel and be bundled with Pbuildings where there is one due respeci for engineering tamed pursuant to the franchise hundred percent (100 percent) consideration. for Cable Television shall con- subscription, as may be estab- taro the following endorsement: lashed by the Board of County C. All working facilities and Commissioners by separate conditions used;during con- "It is hereby understood and Ordinance. atruction, installation and agreed that this insurance maintenance of the CATV s s policy may not be cancelled.by E. The company may provide tem shall comply with the the surety nor the intention not service to full-time dealers and standards of the Occupational to renew be stated by the surety television sales and service Safety and Health.;Administra- until thirty (30) days after without a monthly charge. tion. receipt by the County by registered mall,a written notice F. Company may require an D.Stray radiation (Rf leakage) of such Intention to cancel or not advance deposit of all or a part shall be checked at reception to renew." of all of the estimated costs for locations for emergency radio installation, The company may services to provide that no RATE-SPECIAL MONTHLY require subscribers to pay for interference signal combina- SERVICE RATES- each month of basic service in tions are possible. Stray radio.- DEPOSITS advance at the beginning of each Lion shall be measured adjacent A. The Board of County Com- month. No other advance pay- to any proposed aeronautical missioners may, by separate mentor deposit of any kindahall navigation radio sites to prove Ordinance, approve a schedule be required by company for no interference to airborne for maximum rates for services basic subscriber service. navigational reception in the which the company may charge. normal flight patterns. In the absence of any such rate FRANCHISE FEES setting by Ordinance, the rates E. The CATV system shall be. as proposed by the Company in A.The company shall fey to the capable of delivering all Na- its pplication shall control.The County,for use of the streets and tional Television Systems Corn- absence of such rate setting by other facilities of the County in mittee cola. and monochrome the Board of County Commis- the operation of the Cable standard signals(developed and sioners at any time shall not Telecision system and for the presented to the F.C.C. on July preclude the Board of County supervision thereof during the 21, 1953) to standard Electronic Commissioners from taking life of the franchise,a sum equal Industries Association approved such action at such time and to to five percent(5 percent)of the television receivers without such extent as is deemed annual gross revenues of the noticeable degradation. appropriate by the Board of company. The company shall County Commissioners. file )with h the County within thirty F.The CATV system shall meet 8. The Board of Count Com- (80)d ots theafter theecompeaxnpiration of all performance criteria over missioners may set maximum quarters a financial statement cal the ambient the franchise range rates, by separate ordinance, clearly showing the gross revs- prevailing in the ranchlse area. for any or all of the company's nues received by the company G.The company shall construct services, including, but not during the preceding quarter. a Cable Television system that limited to: ' _ Payment of the quarterly por- shall have not less than thirty- Lion of the franchise fee shall be five (35) video channels or an (1) Installation; rendered to the County at the equivalent amount of bandwidth time such statement is[sled.The capacity. (2) Converter rental; company shall also file, within ninety `90) days following the CONSTRUCTION TIME (3) Converter deposit; conclusion of each fiscal year of TABLES the grantee, an annual report D�u (4) Basic monthly service; prepared and audited by an A.TV franchise.granting sher officer of the company showing CA y(5) Additional outlets; the year's total gross revenues, shah, within thirty (80) days, franchise payments made to the file an and all documents (6) Project rewiring; County, and y any further rele- required,to obtain all necessary vant financial information with Federal, State and local (7) Institutional service; regard to the company as may licenses,permits and authorize- (8) Transfers; be required by the County. tions required for the conduct of B. In the event this franchise permits), aess nd shalt l for re- (9) Reconnection; should be terminated or for- quest of the County, submit f 101 Relocation; felted prior to the end of the reports to the Board of County basic fifteen(16)year term, the Commissioners on progress in (11) Service calls; company shall immediately sub. this respect until all documents mit to the County an audited are in hand. financial statement showing the (12) Undergrounding. gross revenue of the company B. Construction of the system C.Company may make applica- lastor thquartte elapsed which the (30)the shall days afterthe effective date tion for revision of the rate company has paid to the County of the franchise. Within six (6) schedule at any time in accord. the required percentage of gross months from the date of the ance sith the following pro- annual Yrevenues. The grantee award of the CATV franchise, cedushall a pay h rty((30) dayys'follo County not wing r the levis Television service available bto the termination of the franchise every dwelling unit within the a like percentage of such gross initial service areas. revenue. the)Board of pCountylay Commis- sioners for a change 1n rates by filing a revised rate schedule POWER TO CONTRACT- including its justification(s) for C.In the event that any payment POLE USAGE said proposed new schedule. is not made on or before the applicable date fixed in subset- The company may enter into (2) Within fourteen (14) days tions A and B hereof,companies contracts with any public utility of notification by the Board of shall be subject to penalty. companies or any other owners County Commissioners of the or lessee of any poles located place and time established for a D. The County shall have the within or without file County to hearing regarding rate change, right to inspect the company's whatever extent such contract the company shall notify its records showing the gross or contracts may be expedient subscribers of the date and-time revenues from which its fran- and of advantage to the corn- of said hearing by announce. chile payments are computed, party for use of poles and posts of its systeleast bween)the hours The rightgoft anyau ands as ramounts necessary ofryther system,obalin of 7:00 and 0:00 p.m.for ten(10) paid under this franchise shall right-of-way permis from. consecutive days immediately always be accorded to the appropriate State, County and prior to the hearing. Country. No acceptance of any Federal officials necessary to payment by the County shall be cross highways or roads under (3) Within thirty (30) days of construed as a release of or an their respective jurisdictions to the filing of said petition for rate accord and satisfaction of any supply main trunk lines from the changes, the Board of County claim the Count(might have for company's receiving antennas Commissioners shall hold a further or aditional sums obtain permission from Federal public hearing to consider the payable undere terms of this Aviation Administration to erect proposed rate change, at which Ordinance or for any other and maintain antennas suitable hearing all persons desiring to performance or obligation of the to the needs of the system and its be heard, including the corn- company hereunder, /subscribers and obtain what- pany, shall be heard on any ever other permits the County, matter, including, but not Iiml. E. Payments of compensation State or Federal officials may ted to, the performance of this made by the company to the require. franchise,the company services County pursuant to the pro- and the proposed new rates, visions of this Ordinance shall DISCONNECTION )Within thlrt be considered,in addiction to and p (30) days - exclusive of any and all taxes, A. There shall be no charge for efts r said hearing,the Board of business license fees, or other disconnection from any Cable County Commissioners shall levies or assessments which are Television system. If a peer or render a written decision on the now or which may hereafter be subscriber had failed to pay company's petition either authorized by the laws of the properly due month) fees, rlf accepting, rejecting or modify- United States,State of Colorado a user or subscriber disconnects Mg Chef its ed and reciting the or the County. for seasonal periods, the corn- basis STANDARDS pant may require,in addition to AND SPECIFICATIONS. full payment of delinquent fees, (5) The criteria for Board's SYSTEM CHANNEL a reasonable fee for reinstate.decision on such matters shall CAPACITY ment. be the establishment of rates which are"fair and reasonable" A. All construction, installation B.If a user or subscriber falls to to both the company and its and maintenance of equipment Pay a properly due monthly subscribers and ahaII be 8ener- related to the company -CAW subscriber fee, or any other ally defined as the minimum system shall comply with the properly due fee or charge, the ra es necessary to meet all following: ranchlsee may disconnect the applicable costs of service subscriber's service outlet upon including fair return on all (1) National Electric Safety a ten(10) day written notice. If invested capital, all assuming Code as adopted by the County. the subscriber pays within ten efficient and economical man- (10) days p agement d after payment is due (2) National Electric Code of an after notice of disconnection the National Fire Protection has been given, the company (3) In order for the Board of Association. shall not disconnect the sub- County Commissioners to de- scriber's service. termine anga comport with proposed Standards National Bureau (Part CHANGE APPLICATION established in subparagraph(5) 2). PROCEDURE above include e following financi Me (4) Structural Standards for A. Except as otherwise specifi. (a) Balance sheet; steel antenna towers and anten- cally.provided herein,all appli- na supporting structures EIA cations by the company for (b) Income statement; by he Engineering as schedules straannsfer oorR owner Public ehil�pp proposed changes in regu- agreements the company may be certified as correct by an lations or Ordinances etc.,shall have with said subscribers or authorized officer of the com- be made and processed accord- users. party and there shall be submit- ing to the following procedure; anyled along with such report any B(1) Applications shall be in a any nty subscriber ervii terminates uing t other °bybthemCbmunty information form as prescribed by County; first twelve (12) months of said id regard to the company's proper. ( service because of failure of the ties and expenses related to its rejected forpinlacedquacy by the in acomccordance e to nwiththth service ssta the C system operations within County if it contains an Spade- lards set forth in this Ordn- the County, quate description of what is ance, the company shall refund ACCESS TO BOOKS AND being applied for, is not in an to said subscriber an amount RECORDS acceptable form, or contains equal to the installation or insufficient facts or information reconnection charge paid by the A.Copies of all petitions,filings, for adequate consideration; subscriber multiplied by the applications and correspond• (2) A rejection of an a ❑�a- fraction of the twelve(12)month dance submitted by the corn- (3)for an inadequacy shall be will not be receivinh g te he subscriber service. cry to cations the Fides. Securities e ur t es in writing and shall state the In the event that said subscriber E Commission, iecon,Uor nature of said deficiencies; has made an advance payment, and other Federal eral or on to • Upon the amount paid shall be regulatorycommission fa or County po r the acceptance, the refunded by the company. agency having jurisdiction in bon regarding the necessity of This provision shall not re- respect to any matters effecting a further staff Orly and reports. lieve th company Cable be Television submitted operations, The County Cl r0 shall submit established in r provisions sis shall toeCount almultane- the application to the Board if he of this Ordnance. ously to the County. deems it adequate and complete B. The company shall full and in need of no further staff C.If any subscriber terminates, cooperate in malting available study or report.Upon submittal for personal reasons any at reasonable times, and the to the to B the,company shall allof the e monthly service prior to the end County shall have the right to ddate, time and place ythat the portion of any period, sub cririD maps, the books, records,ike matter will be considered. All mans plans and other like such matters shall be con- numb service fee, basis,ng the cable to tofhe the company ATV sidered at a public hearing with be refunded to the9 subscriber shall y system ahtsanyr time d during g notice being given to the public the company within thirty (30) normal business hours; pro- as described Herein.In no event days. vided, that where volume and shall the application be submit- tedtoeheBoardlaterthanthlrt convenience necessitate, the (90) days from acceptance y COMPANY RULES AND company may require the in- (30)County Clerk.. by REGULATIONS spection tore take place on The company company premises. (5) Following a public hear- authority pto ypromulgate have such TRANSFERONOWNERSNIP log, the Board may submit the rules, regulatiions, terms and OF CONTROL application for further study and conditions governing the con- A. This franchise shall not be information any may request duct of its business as Shall be assigned or transferred, either that additional documents and reasonably necessary to enable in whole or in part, or leased, provisions be provided,in which the and performance obis its sublet or mortgaged in any case a new hearing date shall be established. dons under this Ordinance and manner, l equitable,q title o thereto, the franchise and to insure an either intlegerest t there.any hearingFollowing te e the public f p uni car pledof service to customers; n,pass to ortvest inpanyyen additinal information re- provided, however, its curds. sent without the the pCoun written t Company quested, the Board may ap- disapprove, or modify the the sshall be in c or flictDwith assigmayn thoe franchiser to afwholly pany. ble provisions State and'Federal claws, owned subsidiary sus[ the com- rules and regulations. pany, and such subsidiary ran may COMPANY SERVICES transfer or assign the franchise RIGHTS OF INDIVIDUALS back to the company without A. Thu company shall provide such consent. alall subscribers bscri signals with required to beA.or the u e company shall not initiate B. Any proposed assignee must carried pursuant to F.C.C.Rules device for procuring°procedure, show fined financial County as and Reulations and all local tion or data from Cable sub- st agree determined by the comply and access. channels as defined scriber's premises by use of the must agree the e franchise eh all d herein. Cable system without prior valid provisions Ordi nc a tyhad .written authorization fromthe be deemed ed to have consented shallto B.a e Company omp my,shall following authorization so shall e mean writ- .a proposed ttransfer oraasd c (access channels): ten approval from the subscrlb• mane n event its edgin er for a period of time not to consent is he mmpay et t n (1) At least one (I) specially exceed one (1) Year, and said sixty to0) the company within designated. non-commercial authorization shall not have receipt(6f days [notice of the public access channel to be used been obtained from the sub- rop d written notices the by the County, scriber as a condition for proposed transfer or assign- by service not requiring mint. C. The company shall have return path monitoring. — available equipment for local Further,it shall be unlawful for O.The romptly , notify the company nty shall of any actual or proposed change in, or transfer of,or acquisition by any party of control of-the company. The word"control"is used here and is not limited to major stockholders but includes actual working control in whatever manner exercised. =Every change, transfer, or acquisition t nor the '- of control or-the comp shall- B..Nelther the Count y make the franchise -subject to company shall without prior cancellation unless and until the valid written authorization from County shall have consented EMERGENCIES each sit an data o of fll tin' thereto, which consent will not ', provide y y be unreasonably withheld. For A.In the event of an shcrY subscribers' names or a the purpose of determining or disaster, the company sha@l1l, dresses to any other party, and whether It shall consent to such upon request of the CousSto said authorization shall not have change tr ,terror acquisition make available its facilities ttoo been obtained from the sub- of contreipl the' County may - unty, State or.Federal scriber as a condition for tnqulrelnto three controlling of governments at no rcoab for providing service not requiring the prospective controlling emergency use during the return path monitoring party, and the company shall pperi of such emergency or assist inany such inquiry. In disas r and shall provide such C. Na person,r firm, group, addition to those criteria mmen- personnel as necessary to prop- company; corporation, govern- iontd above for determining erly operate the.system-under merit body, or agency, shall whether or not or ve any said circumstances. procure Information ttiion or data such change,transfer mogul- ,. from Cable subscribers' anion the Board may also look B.The company shall incorpor-l premises by use of the Cable into the y moral character of the ate Into its facilities the override l system without prior written proposed assignee including but ity for an emergency unty, in authorization from each sub- not limited to, his criminal alert, whereby the,County, in scriber affected. Valid written - history"convictions or j(udg- times of trials may be able to zation shall mean written ments for fraud, deceit, or introduce s a bulletin on all approval from the subscriber misrepresentation against the channels simultaneously. for a period of time not to exceed proposed assignee;and whether one(1)year and shall not have or not there is any claim or C.If,at any time,in the a of been obtained as a condition for lawsuit pending against the County ,or disaster in the.County,it providing service not requiring proposed assignee arising out of shall be necessary, in the return path monitoring. or involving a Cable Communi- reasonable judgment of the cation system. County Engineer,to cut or move D.No authorization for procure- any of the wires, cables, scent or dissemination of sub- D.No transfers described herein amplifiers, or other appurten- scriber identifiable information shadll be made or approved ances to the network of the or data shall be valid unless it within thirteen (13) months of company, such cutting or re- spedlfer the award of a franchise for moving may be done and any Cable Television. repairs necessary thereby shall (1) The type or types of be made by the company at its information or data.covered; E. The consent or approval of sole expense provided that such the Board to any transfer of the repairs are not necessitated by a (2) The parties authorized to company shall not constitute a negligent act of the County, in collect, receive, store, record, waiver or release of the rights of which case, costs of repairs this Information[n or ddata wise convey the Count any y in the streets, its shall be borne by the County. terms,be expressly subordinate CONTINUYry OF SERVICE Further,all authorizations shall to the terms and conditions of specify the maximum period of this franchise. A. The company shall be time that any subscriber Monti- required to provide continuous Gable information or data shall F.In the absence of extraortlm- service to all subscribers in be preserved in any manner or ary circumstances, the County return for payment of the form. will not approve any transfer or established fee. assignment of the franchise E. A written copy of all prior to substantial completion B. If the company elects to subscriber identifiable interma- of construction of the proposed overhaul, rebuild, modify, sell tion or data which is retained system. or determines to abandon the and-or disclosed and the disposi- system or the County removes tion of this information or data, FORFEITURE AND or fails to renew the franchise, together with any explanation TERMINATION elects to purchase the system,or necessary to make it under- if the franchise becomes void standaabrvle to the subscriber A.In addition to all other rights the company is required,as part shall be provided to the affected and powers retained by the of Its franchise, to continue to subscriber within thirty (80) County under this franchise or operate the system and provide days of procurement. Further otherwise the County reserves continuous, uninterrupted ser- disclosures shall be fully de- the right to declare a forfeiture vice until an orderly and lawful tailed in writing to the affected and terminate the franchise and change of operation is effects- subscriber within thirty (30) all rights and privileges of the ated regardless of the clrcum- days of such disclosure. company hereunder in the event stances. Under no circum- of a substantial breach of its stances shall this period of F. Nothing contained herein Ian and conditions. A sub- operation exceed three (9) shall prohibit the company from atantial breach by the company months from the date of conducting system-wide or in- shall include,but not be limited dlvidually addressed sweeps'' to, the following: occurrence of any of the above, for the purpose of verifying avenls. system integrity, controlling REFUNDS TO SUBSCRIBERS return path-transmission. or (1) Violation of any material for pay services. provisions of the franchise, this AND USERS billing Ordinance, or any,rule, order It the company fails to FISCAL REPORTS regulation or determination of A. the County made pursuant to the provide any reasonable serviceeannua franchise and this Ordinance. request by a subscriber or user, The company anyCou shhalllerlk, no later afforded-reasonable opportfter unity than 120 days after the end of the material provisiot n evade f h Iran- to provide the service not to company's fiscal year,a copy of chlae or existence of any fraud exceed thirty(30)days,prompt- a financial report, including an or deceit practiced upon the 1 refund all deposits or advance income statement applicable to County or its subscribers or cus- charges paid for the service in its operations during the preced- timers. question by said subscriber or in twelve (12) month period, a (9) Failure to begin or user. This provision shall not balance sheet, and a statement complete system construction or alter the company's responsi- of its investment in such extension as provided under this billty to subscribers and users properties on the basis of under any separate.contractual original cost, leas applicable Ordinance or according to the depreciation. application or pro- depreciatlon. Such report shall oteces posal. shall promptly remove from the nay the owner, or his age (4) Failure to provide the streets and public places all representatives for radar gei of service promised or s stem,other and thanoan of such caused by the install required hereunder. the Count may permit to be operation, maintenance (5)Failure to restore service abandoned inplace.In the event moval of cable television after ninety-six(be)consecutive of such cchoremo removal, cos aprons ties hours of interrupted service, or 'Alter area from which such CENSORSHIP PROHIBI except where abFpproval of pthe interruption is oD[aInedfrom the pro)erion has tisfam removed the A.The County shall not pi County; or County. Any property of the or limit any program or cl (6) Material misrepresents company to be alandoned In type of program or oth. tion of fact in the application for place, shall be abandoned in censor the mmunicy to[ said franchise. such manner as the County may parties y the hr the company o prescribe. Uon a permanent ptuhie s ove system, oche B. Any of-the above mentioned abandonment of property of the u on s the . othe shall not constitute a major company in lace the company programs ace sir chin esig breach if the violation occurs, shall submit to the County an government but. is without fault of the instrument, to be approved by channels,andtshlll not company or occurs as a result of the County, transferring to the ga fd'- circumstances beyond its con- County the ownership of such wbleb wou Interfere w1 trol. The company shall no be property. right of free speech by me p cable television. excused by mere economic hardship,malfeasance by misfeasance ce or B. If company fails to remove B. The company -ahal ffcersor mp employees.!rectors, any property as herein re- prohibit or limit any progr quested,the County may per- class or type of pro C. The County may make a com the work at the company's presented over any ch written demand that the corn- expense. made available for an comply with any such access, educational ac ppprovision,rule,order or determ- RULES AND REGULATIONS government access or 1 Ination under or pursuant to its acces purposes. franchise and-or this Ordinance. In addition to the inherent If the violation by the company powers of the County to regulate COMPANY NOT TO CON' continues for a period of thirty Cadleone control Er franchiseo and VALIDITY FRANCHISE 90)emend itlo utng such prtenoof those powers expressly reserved remand without written n proof by the Count Or agreed to and By acceptance of the gri eke corrective n action has ye orovided for t'herein, the right any franchise pure ant t, taken or is being us d,the! or provided of termination edmou o po franchise ratl is issue and war ie o pro ul at such OrdInan h for pan Tole bfplace o Board. he the County to ro astit such service,the company cove b laced llbefore the Bbe se The additional-regulations dry as c shall and agrees that n will not,i Countyhe cause to served find necessaryry theIn exercise af time or in setany mama upon i company at least furtherancep of ers and the terms and County any claim oragPgoce twenty (20) days prior to hearing aconditions of this Ordinance. challenging this Ordinary writt of en notic Board r he intent'to Such additional regulations may the grant- of the fran request such termination tion and be promulgated by Resolution of pursuant to this Ordinary the Board of County Commis- being unreasonable, orbit the ng Pub and place hf the notice shall be stoners. voidable or void, nor the hearing, icCounty did not have the pov when tf the rd is t and Issue RENEWAL authority to make such ter which the Board to conalder, condition and shall be req D. At the public hearing, the A. Any franchise for Cable to accept the validity o Board shalt hear and consider Television service may be Ordinance in its entirety. the issue and shall hear any renewed by the Boar Count Commissioners for a period not SEVERABILITY CLAU'. person interested therein to to exceed ten(10)years,n,upon determine whether or not a a review of the company s If any part,section, subse occurion by the company has performance during the initial sentence, clause, or pima occurred. franchise term,it is determined this Ordinance is for any r. EE.�If thee Board shall determine that such a renewal would be in held to be Invalid, such in' [he violation by the company the County's best interest. ity shall not affect the valid was the fault of the company B. In considering any renewal the remaining sections o and within its control,the Board pursuant to this provision, the Ordinance or of said stand. may,by Resolution,declare that Board of County Commissioners the Board of County Con the franchise of the company is may examine and consider: stoners hereby declares U forfeited and terminated unlesswould have passed the C there is compliance within such (1) Past performance by the ance and adopted pep compan standards in each part, se, such as i the Board may than a; company. subsection, sentence, clau such period not tobe less phrase thereof, irres ecti sixty (60)days, provided no ep A review of reports the fact that one or more beporan ed forfraud compliance need prepared throughout ic i l e thef sections,subsections,sente be granted for fraud or mid- she mte ni inc luding clauses r phrases be dec. representation. system technical periorma cable invalid. the development of ces to The issue of forfeiture and thee subscriberosts of and the perform termination31ace the! ardautomatically gd Pe a ex on the of the agenda ance of operating In other at the irn The the time communities re under for compliance.miatThe Board may similar p on. and then terminate the that franchise complaint resolution. forthwith mpan upon findingledthat the company has failed to achieve ex tnee or may further extend f the period in-its discre- tion for good cause. The above and forep Ordinance No.94 was,on in duly made and secon ' adopted by the following vo the --- day of --- C. Any renewal made pursuant A.D., 1981. to this Section shall be by BOARD OF COU Resolution, after notice to the COMMISSION pubic as defined herein, and WELD COUP public hearing. COLOR FORECLOSURE. 'RECEWERSHIP D.No reannevw'wall under this Section A.Upon the foreclosure or other the ability toli award reother uck Carlson,Chatr Judicial sale of all or a franchises for Cable Television substantial part of the Cable services pursuant to this Ordin- Norman Carlson,Pro-' Communication system,or upon ance. - the termination of any lease covering all or a substantial part E.Any renewal of the franchise " of the system,the company shall pursuant to this Section shall be C.W.H notify the County of such fact, done in accordance with the then • and such notification shall be existing rules and regulations of treated as a notification that a the Federal Communications John T.Mt change. N control of the corn- Commission. pany has taken_place and the requirement(of this Ordinance F. Any application for renewal June K.Stettin governing the consent of the made by the company shall be Board of County Commissioners considered by the Board of ATTEST: to such change in control of the County Commissioners no later Weld County Clerk company shall apply. than 120 days prior to the and Recorder and expiration of the Initial fran. Clerk to the Board B. The Board of County Corn- chise term. missloners shall have the right By: to cancel the franchise 120 days LANDLORD-TENANT Deputy County Clerk after the appointment of a RELATIONSHIPS receiver or trustee,to take over Y APPROVED AS TO FORM company,whether in receiver, multtiipleheunithre idental of any reorganization, bank- ling nor Ms agent or represents- County Attorney ruptcy or other action or tive shall interfere with the right proceeding, unless such re- of any tenant or lawful resident Nov. 9, 1981 — First Read ceivershlp or trusteeship shall thereof to receive cable televi- Nov.19,1981—First Publics have been vacated prior to the sion service, cable installation expiration of said 120 days, or or maintenance from a cable Nov.30. 1@Ai — Second Rea unless; communication company regu Dec. 3, 1981 — second Pub. lated by and lawfully operating lion (1) Within 120 days after his under a valid and existing cable election or appointment such television franchise issued by Dec. 14, 1981, Final Readin receiver or trustee shall have the County. Dec. 17, 1981 — Final Publ: fully complied with all the tion provisions of this Ordinance and B. Neither the owner of any remedied all defaults there- multiple unit residential dwell- Published in the Johnst. under; and ling nor his agent or representa- Breeze Nov. 19 1981 five shall ask, demand or Co Legal 811-248-Clerk to Be (2) Such receiver or trustee, ' receive any payment,service or within said 120 days,shall have gratuity In any form as a - executed an agreement duly condition for permitting or approved by the Court having cooperating with the installation infalaimmixofin Jurisdiction in the matter, of a cable television service to whereby such receiver or the dwelling unit occupied by a trustee assumes or agrees to be tenant or resident requesting ■_ ebound by each and every service. IS your provision of this Ordinance and the franchise granted to the C. Neither the owner of any company. multiple unit residential dwell- name and, NON- ling nor his agent or re resents• address DISCRIMINATION tive shall penalize,penalize, charge or A.The company shall not deny or surcharge rfit or threaten to forfeit correct? service, access or otherwise any right of such tenant or discriminate against subscrlb. resident,or discriminate in any :0- -of ''" ers, channel users, or general way against such tenant or ." r' ° °p citizens on the Oasis of race, resident who requests or re- I B ®e°I °color religion,national origin or ce lye s cable communication i ,,:.® al"".�� sex. The company shall strictly service from a company operate ��•. 'adhere to the Equal Employ m¢under a valid and existing "�menu Opportunity requirements cable television franchise issued of the F.C.C. by the County. I -�t �I F 13. The company shall comply, D. No person shall resell, Please cheek the address at all times, with all other without the expressed, written label on this issue of applicable Federal, State and consent of both the company and THE JOHNSTOWN BREEZE County Ordinances and laws, the County, any cable service and all executive and adminis• program or signal transmitted pl if ease accurate and fed la complete trative orders ders.relating to non- operating a cable television company please.end corrected lapel. under a franchise ‘nth this notice,to ABANDONMENTREMOVAL Issued by the County, OFFACILITIES E. Nothing in this Article shall THE JO en OWN BREEZE prohibit a person from requiring P.O.st o n,CO. A. In the event that the use of hat cable television system Johnstown,c .80534 any part of the system is facilities conform to laws and discontinued for any reason by regulations and reasonable con- It our address is nos accurate the company for a continuous dittons necessary to protect and complete you may miss period of twelve (12) months,or safety, functioning, appearance one or more issues of the papei In the event such system or and value of premises or the when the Post Office returns property has been installed'in convenience and safety of per- the label to us for correction. any street or public place sons and property. w the eiquiremt ents ofythssgOrdi'1ance, F. Nothing in this Section shall or the rights granted hereunder prohibit a person from requiring have been terminated,cancelled a cable communication com- or have expired, the company pang from agreeing to indem- F irS Reccci /n9 AFF DAVITOFPUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD I, Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of aid weekly newspaper for the period of ..1... consecu- tive insertions; and that the first publication of said notice,was ig the issuepf said newspaper dated 4/01,1/ ( A.D. 19...., and that the last publication of said notice was in the issue of said newspaper dated , A.D. 19 In witness wl eof I have hereunto set my hand this .. .7i. day of .4," , A.D. 19& Publisher Subscribed and sworn to before me, a Notary Public in and for the County of Weld,State of Colorado, this .... day of 1]° ' A.D. 19....../... /11 14-h7h 53 d S /'a Notary Public C.c ere 513 My commission expires . f.-92.., Public or any other suitable type of • AA. "Return signals" means a PUBLIC NOTICE. audio-video communication re- signaling path provided by a ceivers,to all subscribers within cable communications system Yystyepm ORDINANCE NO.EH all signals of over-of the-air tteele- fro of to transmit subscriiber ters of minal W AN ORDINANCE RELATING vision broadcasters allowed by another point in yy the cable TO CABLE FRANCHISES. TELEVISION the system as defarried ined by incl the ude"Class IV unications system. as BE IT ORDAINED BY THEthe F.C.C.; all F-M radio defined by the F.C.C. stations carried on the system; BOARD OF COUNTY COMMIS- local origination channels; ed- BB. "Service" shall mean all SIGNERS OF WELD COUNTY, ucatlonal channels; public communications maintenance, COLORADO: access channels; leased access repair and installation services WHEREASchannels; pay television than- provided by the company, nels; and other services pro- including the delivery of broad- been approached County has ed by prospective vided for in this Ordinance and cast signals and programming Cable Television operators and the company's application. covered by the re lar monthly It is anticipated that formal charge paid by subscribers proposals for serving the County I."Channel"shall mean a band including such s dard type of with Cable Television service of frequencies six(6)megahertz service -that is normally fur - haveorwillbemade, and (MHz) wide in the electro- niched by CATV companies fora a magnetic spectrum which is regular monthly charge and need for WHEREAS,S there exists a capable of carrying either one such additional communications eldv for regulation available audio-video television signal or services as are furnished as a Telev the County a number of nonvideo signals. t of the cable commuunnica- J "County" means the County two-way,system in path serviceay s f 14OW THEREFORE, BE IT of Weld a Home Rule County,of ORDAINED by the Board of the State of Colorado. CC. "State" shall mean the County Commissioners of the State of Colorado. County of Weld, State 'of K. "Board of County Commis- Colorado, that: !loners"shall mean the present DD. "Street" shall mean the '( CABLE TELEVISION governing body of the County or surface of and the space above any successor to the legislative and below any public street, FRANCHISES powers of the present Board of road, highway, freeway, land, County Commissioners. path,public way,or place,alley, DEFINITIONS: For the pur- court, sidewalk, boulevard, pose of this Ordinance, the L. "Company" means that parkway, drive, or other ease- following terms,phrases,words ' permittee awarded a permit ment now or hereafter held by and their derivations shall haw pursuant to this Ordinance for the County for the purpose of the meaningsgiven herein purposes of operating a cable public travel, and shall include When not inconsistent with the television system with the such other easements or rights. context words used in the County or the successor, trans- of-way.as shall be now held or present tense include the future, ferree or assignee of the original hereafter held by the County words of the plural number applicant for such franchise. which shall,within their proper include the. singular number, use d meaning,. entitle the and words in the singular M. "Converter" shall mean an County and the company to the number include the plural electronic device which con-• use thereof for the purpose of number. The word shall" is verts signals to a frequency not installing or.transmitting Mg- mandatory, and "may" is suscep iibble to interference with- pals over poles, wires, cables, permissive. Words not defined in the television receiver of a conductors, ducts, conduits, shall be given their common and subscriber, and by use of an vaults,manholes,amplifiers ordinary meaning. appropriate channel selector, appliances, attachments and A. "Access channel?" means aleo permits a subscriber to other property as may be view all signals included' in a ordinarily necessary and per- those channels set aside for basic service delivered at deft- tinent to a Cable Television specific access purposes.includ- nated converter dial locations. system. ing, but not limited to, the EE "Subscriber" or "us following: N. "Easement"shall be limited shah mean any person or entity to those rights-of-way owned by receiving for any purpose any (1) "Public access channel" the County, the terms, condi- service of the company includ- means a specially designated tions or limitations upon which Ing, but not limited to, the non-commercial public access are not inconsistent with the conventional Cable Television channel available on a first- erection, construction or main- syystem service of retransmis- come, non-discriminatory basis tenance of a CATV system, its Mon of television broadcast, for which the system shall structures or equipment. radio signals, company's maintain and have available for original broadcasting and the free public use at least the O. "Equipment and apparatus" local government educational, minimal equipment and teeth- means manholes, unaergrOund public access,and leased chan- ties necessary for the production conduits poles, cables,-boxes, nels and other services, includ- e( programming for such a wires, figures, conductors, or ing, but not limited to, the channel other facilities necessary leasing of channels, data and (2 "Education access essential or used or useful to and facsimile transmission, pay nel'� " n a specially than- operated perat d by the cable television television, and police, fire and similar public service communi- designated channel for use by cation and services associated local educational authorities. P. "F.C.C." means the Federal with the production and pre- al government access Communications Commission of sentation of access channel ($)"Loc the United States Government programming. channel'' means,a specially or its lawful successor. designated channel for locals FF."System"means the broad- government use. Q. "Fair market value" shall band communications facility (4) "Leased access channel" mean the price that a willing which is to be constructed, means portions of the system's buyer under no compulsion to operated,and maintained by the buy would pay to a wining seller company, non-broadcast bandwidth in- under no compulsion to sell. eluding unused portions of the specially designa'ed.channels R. "Franchl`se" shall mean the •for leased access services. non-exclusive rights granted --"`6—Ir dditioiwl subscriber eer- constuct an to d osperratteena Cable vice"' or "additional. service" .Television system along the means any communications ser- streets,alleys,and public ways vice, other than basic service, of the County. provided by the grantee to its subscribers, directly or- as a carrier for its subsidiaries, affiliates or any other person engaged in communication ser- vices,including,but not limited to, pay television signals data or other electronic intelligence transmission, meter reading, and home shopping. GO."Two-way capability"shall meanthe technical capacity for non-voice return coo innunica;., ., tions'' .- ORANT ACCEPTANCE AND EFFECTIVEANCHISEE OF S. "Gross revenue" means any ervl service gran franchise y the r CATV and all revenue derived directly pursuant-to this Ordinance shall or indirectly by the company, grant to the company the right from or in connection with the and privilege to erect,construct, operation of the Cable Televi- operate and maintain in, upon don system. All revenues shall along, across above, over and include, but not be limited to, under the highways, sidewalks basic - subscriber services easements, dedications and monthly fees, pay cable fees, other public property now in C."Annual ors receipts"shall leased channel fees, converter existence and as may be created 6r P rentals, studio rental, pro- or established during its term, mean any and all compensation, duction equipment and person- any poles, wires, cable under. revenue, and other considera- nel fees, and advertising revs- ground conduits,manholes, and • tion, derived directly or andlr- nues; and shall not include any other television conductors and ectly, in any form whatsoever, taxes on services furnished by fixtures necessary for the main- by a franchisee, its affiliates, the company, imposed directly tenance and operation of the subsidiaries, parents, from, or upon any subscriber or user by CATV system for the intercep- in connection with,the operation the State, County or other tion, sale, transmission, and of the Cable Television system, governmental unit and collected distribution of television pro- with nodeductions whatsoever. by the company on the behalf of grams and other audio-visual D. "Applicant" shall mean the said governmental unit, and electrical signals and the right P shall not include refunds or to transmit the same to and natural person, partnership, credits to subscribers. from the inhabitants of the domestic or foreign corporation, County on the terms and association, joint venture, or T. "Initial service area" shall conditions hereinafter set forth. organization of any kind which mean all that area within the Existing utility poles of other applied for a franchise for Cable boundaries of the permit area as utilities may be used only if Television to be regulated here. it may be changed from time to written approval from such under. time having at least fifty (50) utility is obtained and approved E. "Application" includes all dwelling units per street mile, by the Board of County Commis- pPand as set forth in the com- stoners. written proposals, in whatever pony's application. form, made by the applicant to B. Any franchise granted and the County concerning construe- U."Installation"shall mean the regulated hereunder together lion, rendition of services, connection of the system from with the rights, yrivheges and maintenance, or an3r other feeder cable to subscribers' authority granted thereby shall matter pertaining to the Cable terminals. take effect-rind be in force from Television system contemplated and after the effective date of herein. • V. "Party" means any person, the granting of the franchise and firm, partnership, association, after the company has: F. "Basic service" shall mean all subscriber services provided corporation,nf company,'or organ- b the company, incluin the Iza on of any kind. Clerk Filed with the County by Pa Y. B Clerk and Recorder of hec - colivery of a regular signals, W. "Programmer"who o means any Lionel acceptance the fran- covered by by talgluub monthly person who is or who produces ex hd enter into and charge paidiallservice, subscribers, or e e provides ranm program y execute equ such documents o tycoas excluding epla sa foris material for digital, ioo by required by the County cprovi- made, a hseparate inc ,charge but sign video, digital, or other skin with the terms and proud made,and so the follo ,but not recorded either to-live or from acceptance of this Ordinance. Said be limited to,o s following: by e tapes, tosubscribersbTli- shall be in a form as (1) All signals of astersover-the-aire- by means of the Cable Televi- prescribed by the County and quired television broadcasters F.C.C. re- lion system. shall contain itsthathe thetocompany, acceptance, carried by a community stem anten.d X "Propertyl o the , real agrees ci to provide s all in its by television system as defined personal,means all property red, or aptli oat o to Its by [he F.C.C.; and - wiowned, installed, by application t providetoi CATV used he dn th in permit hec area service rmit real a and ether,s of the (2) designated Co for l the company CablTeevision conduct application is n thatincorporated its by special ispurposes band the Council business under the authority of a reference and made apart of the designate; franchise granted pursuant to franchise and this Ordinance.In l31 puDllt, educational,organization, Lion, this Ordinance. the event of conflict between and es local o s channel such proposals the p that and s;leased a access channel Y."Public owned y"h any myeal alone of this w Ordinance,povide that signals; and property ther a highway,by the County st which the Con the other t a Medway3� nidewalk, greatest benefitof the County,in additional service as easement or dedication. the Co of i Board of proposed by the company in its County Any acceptances shall application,ree er as it may Z. e"Public wisnotie mean, the ol. pursuant Sto hereafter provide, unless otherwise defined herein, company pursuant g, duly minimum public notice of t any section all m to by duly G. "Cable Television system," County di meeting b any executed alf of and sworn t by or on y"CATVn system,"aTel vi i n" shall to this Oantlinsect or to any behalf of the company,onther uth - m Antenna Television"fion" shall CATV franchise granted purl Notary Public wod inisr author- mean mean asystem of antenna, suant publication at leaandshall ized by law to administer oaths. cables, wires, tries towers, be byyal s least once in wave guides, or other equ cent a local newspaper of general File certificates ohof ection or facie ies, s and con. circulation least ten(LO)days ance as set fabili in the Section or ucted s, designed area con. prior to the meeting nth entitled Liability and Insub- pro ucin for the iv purpose. ransitf commencing on the meeting,h ante" harem. Ling, ng. fy ari, tranribu- day prior all the meeting, ub- ling, amplifying cca and dote in company shad notify its sub- File such bonds, s tin electrical signals,located in f the mat least c by credit, and other sureties n aed the permit area. 11)announcement el one lAtr in the Sectionsentitled 1 e channel of its CATV system Letter Credit-CashBo Deposit" "Cable Television yservice" an the hours f of ten (p.m.0) and "Construction Bond." means the eliony by the and 9:00 pday for ten (30) company to television receivers, consecutive days. otices (4) Reimburse e County for also Include any benefit, pay- formed by the County's the remaining any ment or emolument whatsoever ployees, agents or contract costs incurred in conducting a resulting from the grant of a and the cost of elections xrr the lgcrant off any fr in anchise or franchise(b) Ifthe a thepplicant is a otherwise, Ine addition,] CATV service. non•uuublic corpporation, the applicant shall pay all adve: application shall state adds- ing and publication char (6) Pay to the County an tionally, the names and ad incurred by the County. advance franchise fee of$600.00 dresses of the officers,directors to be credited against sums due and chareholdere of said corm- (2)Any funds remaining a under the Section of this atlon,together with the number all expenses have been paid Ordinance entitled."Applica• of shares held by each share- be refunded equally to 'ion," holper, the date of incorpora- applicant. The County shall tion, the date of the last annual guarantee any amounts to C.In the event the company fails report. and a statement as to refunded. to comply in full with paragraph whether or not the corporation is B of this Section,then it shall be licensed to do business In the (3) In the event that conclusively considered that the State of Colorado. expenses exceed the t, company has abandoned Its amount of the fees collected application and rights to such ((C) If the applicant is a the applicant,then the comp grant and award of the Iran- publicly held corporation as shall pay to the Count chase, and any such rights that defined by the Rules and excess amount within thirty i the company may have acquired Regulations of the Securities days of the award of under this Ordinance or the and Exchange Commission, the franchise, as certified to grant of the franchise shall statement shall contain the company by County. Immediately tl have no right, states at d.0' in which incorporated TIME Ill OF THE E88ENC gee or shall whatso- the names qualified to business, ever under this Or authority In officers and directors of the 8 din Whenever.this Ordinance c the event the ancis haspaid corporation,esses the names and set forth any time for any al the initial in franchise fee as o by and number of shares be performed company, or on bshal required hll paragraph b Bu above, owned omin by all stockholders,1, owning ng the medtobe,such time scan suchc mss small a ompany is one perl ce nd bpercen ), mor dany a to by the essence, otherwise company if the company has one percent(1 percent) or more any failure by the companytime provisions.complied it iehaswithnoot,said applicanttstanding stock of theperform hall constitute oe at mate aforesaid costs of awarding the breach of the terms of ' franchise shall be deducted (d) A full disclosure of the Ordinance and shall entitle therefrom and the balance ownership a the faclilities to be County to invoke all penal refunded. used in rendering the service. and remedies prescribed In Ordinance as well as all of D. The company shall have nb (7)A statement describing all legal or equitable remed recourse whatsoever against the intra-company relationships of available to the County. .. County for or on account of any the applicant, including parent, loss cause, expense or damage subsidiary or affiliated corn- FRANCHISE TERRITOIlI arising out of any rovisions or parries. requirements of hls Ordinance The y comps shall not and-or the grant of any Fran- (Si A statement setting forth required here nder to extend chine by the County. all agreements and understand- service to any area unless th ings whether written or oral exists in that area a potentia E.The company,by acceptance existing between the applicant at least fifty(50 w dwelling of any franc nice awarded pursu- and any other person, firm, per street mile. When ant to this Ordinance acknowl- group, or corporation with potential of fifty (CO) dwell edges that it has relied upon its respect to any franchise units per street mile does own investigation and under- awarded and the conduct of the exist,the company shall mak standing of the power and operation thereof existing at the charge for installation at act authority of the County to grant time the application is made: cost, including labor a such a franchise. ) material, for cable extent F.It shall be the overriding duty menu Audited t applicant's t two system icing this portion of of the company receiving the latest fiscal years unless the franchise to take advantage of applicant has not been in LOCAL BUSINESS OFFICE any new developments in the existence for at least two (2) SERVICE MAINTENANCI field of transmission of tale- years, In which case the STANDARDS AND vision and radio signals which applicant shall furnish audited COMPLAINT PROCEDURE would uy afford the company p an financial statements for such opportunity to mty to efficientlyefficient, lesser s period of time covering A.The company shall mafnt. period that the applicant has a local bus'ness office wit economically serve its cue• been in existence. If the apDppu. five(5)miles of the permit a) tomers so that,aty all imes,said cant is a partnership, audited for the purpose of recely: nobles Television thatshall be .financial statements eh In. inquiries, complaints and any other dude copies of the....-Federal quests for repairs or edit system of comparable size, Partnership IncomeTax Re- ments from its customers a excepting only systems which turn"for its latest two(2)fiscal the general public. Said off are experimental,, pilot or .yearn or such lesser period of shall also be operated so tl demonstration. It shall be the time that said partnership has complaints an0 requests policy:of the County that the been In existence. repairs or adjustments may CATV system'shall as practi- — received and processed win - cable, maintain the current minimum delay. Provisic state of the art as it regards shall also be made for teleph CATV,and this Ordinance may ically receiving service ant be amended when,in the-opinion notion call on a twenty ft of the County, such amendment (24)hour basis on a non•tofl It is necessary to facilitate the adoption and promotion of the use of new developments in the industry. (10)A technical description of the type of network proposed by the applicant,including,but not limited to network configura- tion (i.e., hub) network capac- ity, two-way opertation capabil- ity and service to t be provided a repair and maintenance Cr and studios,d studs of the studio or capsible of responding to in studio equipment, scriber complaints and requei Pours hours of operation and for service at normal servi . T_VNRUI EED118E will of avatiabil(t available at any.Sht000 intervals.When the basis of I 14�� governmental,o . made public snor complaint Is a detest or profile I and.or existing in company owned, No CATV system shall be educational t•'•.Inatltutlon or stalled or maintained equ. allowed- to occupy C or use the agencies. ment,there shall be no charge alloweright-od of the County or be the subscriber for this send' allowed to operate without a applicant's(1 statement from Normal service interval, t CATV franchise.. staff mRRember, or consultant,- Purposes the that t thisth r between sh AUTHORITY EXCLUSIVEOT y advising viewed alica is planned ante and that k tnotified rvi by the deficiency per he tin the apperaanns s thereof network streets for e the pun osesthesaid rein all of be requirieements set forth close of business following I purposes set forth shall receipt of such notice provid not be exclusive, herein. that the subscriber or I and the grant n a reserves milaruse the representative is available,di rigsaid-streets to a person r at of (n sA statement of applic existing ing the period, at the premiss time to e period ofany franchises held by tithc far ty, This provision shall not apply time during the this when the with particularity,wedriss, new requests for service ml franchise. when awardedc and when p issued initial construction of the s3 APPLICATION systems were constructed o• rem is substantially complete gather with the name, address C. Any verbal, telephoge _.A.Applications for franchise for and phone number of a govern• writtenyn complaint reyllating to 1 Cable to this Ordinanceeshaall be hentaapplicantl and its perfordgeablem quality or continuity of filed with the County Clerk and ance in each such franchise normitalhse vich interval.v In a In I shall at least contain the area. not responded to or that serv: following: (12)A statement as to whether is not restored to the rev addreThe ss of the app and licant,date ess of officerstorcdirect tors hr a s to the tf its erms of thisuired by he F.C.C.Ordinancer duri application,and signatureof the past, been convicted of any said normal service interval,) appropriate torpor- felony. subscriber shall be entitled k applicant eofficers. rebate of one-fifteenth (1.15) ate 11 t14)A statement detailing the his normal monthly ser pit vi contain a general descriptshall on of applicant inc CATV luding that xperience of the the charge reof betty en thor each e endrof t the applicant's proposed opera- applicant's officers, managRe- te normal service al to i and t tion including but not limited ment and staff to be associated time service This provision i to: business hours, operating with the proposed operation. not ands. if such delay man maintenance eme procedures, application is for occasioned because of an ems management and marketing If any app act staff s, age and pro- renewalposa ofmust the franchise,r , nthe God, strike,any markets, management omplim and proposal tthe information required sttance beyon -the control of t marketing staff u compliment operation andcompany._Similar) this pt r public a, rules of tof subsections (1) through (14): vision shall not apply to aerv) serve access,b statement- a above: requests or complaints testa'. services to be the system a summaryf lh description of the technical, financial and pro- or o herb breakdowns not rest ncti design, and proposed program- gramming history of the net. to the operation of the Cat ming. work since the granting of the Television system. (2)A statement setting forth a original franchise. D.The Company shall estahll description of any automated procedures for receiving,acts. services scri proposed faas as a table thatA statement and time description proposed as ell as automated changes expansion aor Improve- complaints. The cof mpany sit facilitieseto be made available services,pr in ogramming or tech-e network as to furnish due to notice o subscriber bypr by the applicant for public nical specifications during the the time of initial subscription municipal and educational forth-coming h ten (10) year the tem.maintain addition, awritt access channels. P record or"log listing date a; (4) A statement explaining (18) A description of the time of customer complain' any assistance, in terms of boundaries of the proposed area identifying the nature t ersonnel, equipment or capac- of service. complaints and what action w lty,pro to be designated for the taken thereto, and sup programming the programming to The quire such supplementary, response by the company , tional for public access a require supplementary, as in chant and governmental access additional dee or ms reasonably information reqyuireLeregarding said yC0I chapels. sary for its determination underplaints, shall be transmitted he County Clerk no less th; (dl A statement of the this Ordinance. monthly or as otherwise sae' applicants proposed rates in conformity with this Ordinance. rC.e Notwithstanding any for kedthpate theaecompanyo'snsloc requirement,franchise each app pl A description of the a CADaTnVY with it laepyppmust ac- office rd shall be the available ons applicant's or8anlzatlon and certified check forp5500.00tmade date during regular but structure including: payable to the County of Weld, ness hours. (a) If the applicant is an Colorado. No application for a E. In the event complaints of individual partnership,or unto- franchise will be considered similar nature are made, corporates association, it shall without the accompaniment of whedance whie ch,to re fists other e state the names and addresses said check. the County casts a judgment on ti • of all n persons(including torpor- equita) a having a pin and toy or (1)deposited iAlle checks account of be reliability rvice or kalif of the s ab equitable ospective interest in Oif County and will serve to recover service provided, tptto test, ayn ly awarded. The term "equitable all expenses incurred, the by theand dtNeort on n the Suchperformer', repo', assignments shall include all County in granting no be than fourteen rto Conti dpi all contingento me ftr a as well o -dude. Sao ot- l sha to, shalllatr oud the all r passignments ge der of e crude but net be s,limited to, after the County formally no1 any right or franchise, under s the consultants' expenses, a per. prospective rancNae,and shall • able. value of services per• flea the company and she 16—The Johnstown Breeze, Nov. 19, 1981 _ Public include the following informa- shall be placed in the right-of- a The rights reserved to the tion: the nature of the corn- way between the roadway and County with respect to the plaints which precipitated the the property,as specified by the Letter re in of tredito all of Lhdt or cash eposit special testa; what system County. arights of the County whether component(s) were tested, the equipment used and the pro- E. All wires, cables, shallamplifiers reserved by this Ord ce no or ceures employed in testing;the and other property shall be authorized by law, orexercise ot results of such tests; the constructed and installed in an action,proceeding methods in which said corn- orderly and workmanlike a right with respect to such cash plaints were resolved, if apish. fashion. All cables and wires deposit or Letter of Credit shall cable;tiiant onal information any ati n deemed rele- wtretings telephone lleph nepo and l. shall be installed lel e Multi- ple may havect e�ther right the County t cable configurations shall be CONSTRUCTION BOND F. Any tests or analyses arranged in parallel and be yy required hereunder shall be bundled, with due respect for A. Within of this t0) days se,fter r supervised by a registered engineering andsafety consider. professional engineer not on the ations. All installation shall be companY shall obtain and tl main- permanent staff of the company underground in those areas of the witin at h cost and expenses, xpe ses and d •and selected by the County.Said the County where all public lwith the County bond from a engineers shall sign all records utilities (those providing tele- riz to do of special tests and forward to phone or electric service) are company authon the rized of Colorado the County such records with a underground. In areas where and s found acceptableStofto the report interpreting the results of both to ephone and a ectricyy an e the test and rocommentling facilities are above ground at to County be determined Attorney, by the mount action Lobe taker by the County. the time of installaaion, the to guarantee dtemthe the con- borne Cists of said en1ineer shall be grantee may install its service to n and full timely on n- borne by\the company. ever,thaat aat such provided,ie a those this Cable Television system. COMPLIANCE WITH STATE facilities p are required to be provide, but AND FEDERAL LAWS County,y:underground rcompany Y the B.shall not be bond limited to, the folloing Notwithstandin any other pro- likewise place its service under. conditions: There shall be vision in this Ordinance to the ground without additional cost recoverable by the County contrary,the company shall, at to the residents of the County Jointly and severally, from the alittimes comply with all laws other than as may be granted by principal and surety,any and all and regulations of the State and the provisions of this Ordinance. damages,loss or costs suffered Federal government or any by the-County resulting from the administrative agencies there- F. The County shall give the failure of the company to of. Provided, however, it any company reasonable notice of satisfactorily complete and fully such State or Federal law or plans for street improvement activate the CATV system regulation shall prohibit the where paving or resurfacing of a throughout the franchise area company from performing any permanent nature is involved. where the CATV system will be service, in conflict with the The notice shall give the initially available to subscribers terms of this Ordinance or of company sufficient time to pursuant to the terms and any law or regulation of the make any additions,alterations conditions of the Section of this Countyy,then as soon as possible or repairs to its facilities as it Ordinance entitled "Construe- following knowledge thereof,the deems necessary in advance of Bon Time Tables."" company shall notify the County the actual commencement of the of the point of conflict believed work, so as to permit the C. Any extension to any pre- to exist between such regulation company to maintain continuity scribed time ied ey limit the mt be or law and the laws or of service. Count Board Commissioners. Such of regulations of the County or this G. The company shall, at the extensionshall be authorized Ordinance. request of any person holding a only when he Board finds that POLICE POWERS building movie permit, temp- suc extension is necessary and orarily raise or lower its wires to appropriate due to causes be- Nothing in this Ordinance or in permit the moving of said yond the control of the company. any agreement or Ordinance in building. The expense of such construed herewith shall be lowerinng f removal, ires shall be paid be terminated only batter the all construed County as any of is abrogation by theperson requesting the Board of County Commissioners the of any of Its police by powers. same, and the company shall finds that the company piedhas PARTIAL LISTING OF have c payment authority to require satisfactorily nio acompleted d activationtial of RIGHTS RESERVED the CATV system pursuant to TO THE COUNTY H.The company shall have the the terms and conditions of the authority to trim trees over- Section entitled Construbtion A. The County reserves such hanging upon streets, alleys, Time Tables." rights and powers which under sidewalks,and any other puublic applicable Federal or State law prevent of the County so as to E. The rights reserved to the or regulations,vonnmaintain.int County many trees[ma comiing asm cfontact construction bond ar0t ino shservo andCompany addi- shall u comply with any County ty or with the and cables of the [ion to all other r r of the requirements h in ecompany. All trimming is to bd county, whether ereserved by the exercise swhichof such rights aveand done under the supervision and this w a dinno authorizedpt by powers bs either have been direction f the o County at law, and n action,right with ding of shall,subsequent be te the egrant o expensemnysf hall make company.make Thevery y or exercise tosuch a right witn of the �hedchlae be enacted or effort topreserve the kaesthi - bn respect hall aff a construction i established. the County may have. beauty h and viabilityof any trees cB.o The County may inspect work all or shrubbery onimmed TheF. performed or r installation toan company may contract fi such co Thethe construction w bond shall mad pursuant to any Individual d however, any firm or mentln the following endorse- CATV franchise. approalshall obtain Ccommencing men t: prior to "It is hereby understood and 'd The County may within the such activity. per property bbee agreed that this bond may no be •dditlonal a to of ter arson the owner whose Vproparty mayy en cane 11ed b .the suretyY not he a.�?omit area to other persona for affected he c be given written Intention no to[anew De mated systems. of Cable Television undertake uner of s such actionso's intent to systems. en (1 ) daays prr to such st days the rrreeceip bly the rlCount) NOTICE trimming In order that said by registered mail, a written property owner may undertake notice of intent to cancel or not All notices from the company to the required trimming them. renew -- the County pursuant to this selves and to consult with the Ordinance shall be to the County company in that regard.All tree Clerk or to such other officers limbs and other refuse to be sue .....earl t.., the Board of removed by the company and at INDEMNIFICATION A.The company shall,at its sole cost and expense fully indemni• - }y defend and hold harmless the Countyy, its officers, boards, I.Public buildings shall be con- commissions and employees chafed upon the cable system e against any and all clams charge the ouest of the suits, actions, liability, and County.loch re nests forby air• udgments for damages(iclud• CONDITIONS OF STREET vice shall bethrough any ing out not limited imit Rol,expenses ee and OCCUPANCY County. There shall be no forreasonable and 'fees and A.The company shall have the monthly charges for providing assumed disbursements y the County in right and privilege of construct- basic subscriber services to said assumed tyettwith): ing, erecting. operating, and facilities. - • .c nn cTo i n persons r or property,in maintainingemuia Cantle apparel-p any way arising out of or system, .equipment and under LETTER OF DEPOSIT TIT- through the acts or omissions of CASH the company, its servants, pe open, eautsubjh. ect othe agents or empyees or to which and o streets within thecompany's negligence shall in permit gnclu i and to isl Cabre Television io franchise after ion any way contribute; powers `Including police Cable Tesu to this Odin- (2)arising out of any claim for powers) inherent a and con. granted. pursuant invasion ing oright of pri for }erred upon or reserved to the ance,i the th aoCounnty,y shall shs or an for defamation Meof any person, County. Irrevocable Letter of Credit in firm corporation, Tor oln, B. No pavements, sidewalks, the amount of TWO THOUSAND ti of infringement b of any curbs gutters, or other such AND S NO .100 DOLLARS n trademark, trade disturbeadu and no excavation in of which shall be approved by name,any yvice mark or patent, street Installation shall be ( 2,000.00),the form and p content copyright, other rf r4 of any any of the said streets will be the County Attorney.The Letter or of yirm or corporation made or any poles installed, of Credit shall be used to insure: personin y t All company of all provisions of the or rela g to County program- equipment with the express written the faithful performance by the excluding claims arising out of permission qipmet of the County. franchise, this Ordinance, and ming); beuipment and apparatus shall d the company's proposal; com• of corn- the ee located s m such portion t said pliance with all orders,permits inns failure outto of the h) with streCounty,ets may be designated y shall ay the 's fa lure of Fcomply stath the i and ca orexert commission, board,board, debar vaplion any thex t that the ment division or office of the or local statute, regulation or pavement,paers to fhb extent . the company in Its applicable here- ter sidewalk, curb, gut- County having ;jurisdiction over Ordinance a ples le to the red or other street i as is this Ordinance; and a the f pay-n under; and stedp to condition dscas it ment claims, the axe, orlexc vaor tp said dlaturbance Cty c and taxes duns (4) Any liability which may orC. The County which nsu arise by reasons arise claim for e The ,companyprol shall, p its of the nan construction,operation or violation of any regar to d state or expense, protect, support, maintenance of the system. local,statuate, regulation or temporarily same disconnect,relo- a Ordinance, dealing with civil public pu the street f or other tanned deposit shall rights or antitrust. tree place.other public place,e from the AND NO-100 DOLLARS property p o public anythe entire B. In accordance with the of the company when term of the during dch f the company prompt trafficy the County by rm franchise,be even if s deg give indemnity,thcomptheComy public of , conditions, amounts n have to be withdrawn of no ice of the making of any street safety, on, vane is pursuant tosubdivision A or C of claim or the commencement of establishment construction,of change in this section. any action, suit or other sti of sewer, drains, C.If-the company:fails topay to n provisions covered vthisexed Sec tion. the type of eruct tracks Improvement within the,time fixed herein; Nothing herein shall be deemed fails alter ten 10) days' notice to prevent the County from by any public agency. to pay to the County any taxes coo rating with th company fails and participating in the defense D and All other pro, conduits,and cables due and unpaid; t e to repay of any liatigation t osolby its cost own f the properly and be tiso any drama,s,cots o tenr expenses expense. No and to company damages, County any by recoveryby he located. constructed, Installed o paywhicby reason nyffcany act the of of sum b eas reasons-of in endangRer maintained as not to pay auiyt of ether company in Section hereof entitled Letter mary trade,the traffic and travel or,fails, after with three franchise;( ) ay of Credh.cy limitar h apposite shall ha l be e upon the streets and public notice of such failure by the of the company to the County places of the County. The County to comply with any of the under terms of this Section ma company shall keep accurate which by this reasonably except x the toastt y sultl be so received maps and records of all its which the County befromany recovery which the facilities and furnish de copies of demand eson can remedied by County might have against the said req maps and place as dem The or and a h deposit,the Letter n y may company ig t ha a terms st the othei qu paent wh by the ere the1y wil of the am tr request ereeoof payment company Section. . Interfere with the rights or enalties, and interest at the 'LIABILITY AND INSURANCE reasonable convenience of ad- then prevailing legal rate front The company shall maintain, joining property owners,or with said Lotter of Credit or rate, pp �he ll of the any gas. electric or telephone said amounts from et the cash tliroughou hydrants or sewer any and water water p oar dlevdtuhcetioOn, tst he County andlthetompanycin the mains. fixtures placed and h streets ' payment the County and dateetherwtf. minimum amount of: otices (1) 5100,000.00 for property of the Electronic Indi damage to any one person; (C) Cash flow statement; Association,2001 I Street (2) 1300,000.00 for property ) Washington, D. C.-20006, damage in any one accident:- application of fund sources and (5) Bell P Telephone e i (3) 1300,000.00 for personal (e) Detailed supporting Code of Pole Line ConsU injury td any one person; and schedules of expenses, Income, (6)Applicable F.C.C.c (4) E1,000,000.00 for personal assets squired; thins,ther items as may Federal,State and local injury in any one accident. - q lone and technical stan. (f) Statement of current and (7) With regard to an; B. The insurance policy ob. projected subscribers and pene. constructed for use tained by the company in Era4.3n. County's Cable Televisi compliance with this Section tem, Federal Aviation must be approved by the County The company's accounting regulations, Including, I Attorney and such Insurance records applicable to this sis- limited to. Objectives Al policy, along with written evi- tem shall be available for Navigable Airspace, 1 Bence of payment of required Inspection by the County at all 77.1,et seq,February,1f premiums, shall be filed and reasonable times. The County Construction, Markin maintained with the County shall have access to records of Lighting of Antenna Str Clerk and Recorder during the financial transactions for the 47 CFR 17.1,et seq.,Sept term of the franchise, and may purpose of verifying burden 1967. be changed from time to time to rates or other indirect costa. reflect clanging liability limits. (8) Federal Commune The company shalI immediately (7)The Board may p extend its Commission Regulations advise the Couny a anlyo li igat onwould which htle t tde-is ro n rfiling the erney of time for rendering lean y'sda peby a decision nCFR 76.601-76-613eal St 972) insurance. Resolution.If Board falls to act B. Construction, instal C.Neither the provisions of this within the initial thirty(80) day and maintenance of the period of any extension the system shall be perform( Section nor any damages re- company's petition shall be orderly and workmanlik corded by the County there• deemed to have been granted. nor. All cables and winunder shall be construed to or be installed, where pc limit the liability of the company D.Company may charge special parallel with electric ar under any franchise issued lower monthly service rates to phone lines. Multiple pursuant to this Ordinance. hotels motels, nursing homes, configurations shall bear D. All insurancehospitaalls, and other similar in parallel and be buil& tabled pursuant to policies anchiisse hundred percent (100 is one due respect for engin for table Television shall con- subscription, as may bepeestab� consideration.tain a following endorsement: fished by the Board of County C. All working faciliti. Commissioners by separate conditions used durfn "It is hereby understood and Ordinance. atructlon, insiallatom agreed that this Insurance maintenance of the pH; policy maayy not be cancelled b E. The company may provide tem d shall complyy wi the renew be stated byttthhe surety television sales and)service Safety and HealthoAdeni until thirty (30) days after without a monthly charge. Don. receipt by the County by registered mail,a written notice F. Company may require an D.Stray radiation (Rf le of such Intention to cancel or not advance deposit of all or,a part shall be checked at re to renew." of all of the estimated costs for locations for emergenc; installation. The company may services to provide RATE.SPECIAL MONTHLY require subscribers to pay for Interference signal to SERVICE RATES- each month of basic service in lions are possible. Stray DEPOSITS advance at the beginning of each tlon shall be measured a A. The Board of County Com. month. No other advance pay. to any proposed aeror mfssioners may, by separate ment or deposit of any kind Shall navigation radio sites b Ordinance, approve a schedule be required by company for no interference to al for maximum rates for services basic subscriber service. navigational reception which the company may charge. normal flight patterns. In the absence of any such rate FRANCHISE FEES setting by Ordinance,Ordinance, the raates E. The CATV system s as ay to the capable of delivering . its s apps application shall sd by the arong e County, herytaf e ruse o(the streets pany shall tree ty and UonallmItteeTeleois Telev ision no the Board of County Commis- the operation of the Cable standard si s(leveler stoners at any time shall not Telecfsion system and for the presented tp the F.C.C. preclude the Board of County supervision thereof during the 21, 1983) to standard El( Commissioners from taking life of the franchise,a sum equal Industries Association al such action at such time and to to five percent(5 percent)of the television receivers such extent as is deemed annual gross revenues of the noticeable degradation. County Commissioners.Board of cofile wiith the The company i thirty shall F.The CATV system she B. The Board of County Com• each of ofd the company expiration all ambient temperatur may set maximum quarters a financial statement prevailing in the franchb rates, by separate ordinance, clearly showing the gross reve- for any or all-of the company' nues received by the company G.The company shall cc limitedservices. to.Including, but not during u ng the pree edingtequartteely r, a Cable Television syvsti than hePan of the franchise fee shall be five)(3355)videonot )channel (1) Installation; rendered to the County at the equivalent amount of bet, Converter time psuch statement Is filed.The capacity. • (E) Converter deposit; file, within ninety on tysi(90)shall days also following y a the CONSTRUCTION TI (4) Basic monthly service; the grantee, an annual report lJpo officer the companyd showing -CA7'V franchisee granting (5) Additional outlets; the year's total gross revenues, shall, within thirty (80 franchise payments made to the file any and all doc (6) Project rewiring; Count and any further rele! required,to obtain all ne vant County, information with Federal, State and (7) Institutional service; regard to the company as may licenses,permits and au (8) Transfers; be required by the County, dons required for the cm its business(except for I (9) Reconnection; permits) and shall, u quest of the County, (10) Relocation; reports to the Board of Commissioners on pros (11) Service calls; - this respect until all do. are N hand. (12) Undergrounding. C.Company may make applica- tion for revision of the rate schedule at any time in accord. ance with the following pro- cedures: B. In the event this franchise should be terminated or for- feited prior to the end of the basic fifteen(15)year term,the company shall immediately sub- mit to the County an audited financial statement showing the gross revenue of the company B. Construction of the for the time elapsed since the shall commence elithb last quarter for which the (80)days after the effect company has paid to the County of the franchl Within the required percentage of gross months from the date annual yrevenues. The grantee award of the CATV fr shalthan)pay (50)dadaysyfollowingg the 1 company service t a al (1 LThe company may petition the termination of the franchise every dwelling unit wi the rd of County Commis- a like percentage of such gross initial service areas. stoners for a change in rates by revenue. filing a revised rate schedule POWER TO CONTR. including its justification(s) for C.In the event that any payment POLE USAGE said proposed new schedule.. is not made on or before the applicable date fixed in subset- The company may en (2) Within fourteen (14) days tions A and B hereof,companies contracts with any pubb of notification by the Board of shall be subject to penalty. companies or any other County Commissioners of the or lessee of any poles place and time established for a D. The County shall have the within or without the C nearing regarding rate change right to inspect the company's whatever extent such the company shall notify its records showing the gross or contracts may be e: subscribers of the date and time revenues from which its fran- and of advantage to t: of said hearing by announce- chise payments are computed. pany for use of poles a ment on at least one(1)channel The right of audit and recompR necessary for propsr of its system,between the hours tation of any and all amounts non of the system of 7:00 and 9:00 p.m.for ten(10) paid under this franchise shall right-of-way pptmiir consecutive days Immediately always be accorded to the appropriate State, Cou prior to the hearing. County. No acceptance of any Federal officials nece, payment by the County shall be cross highways or roar (8) Within thirty (80) days of construed as a release of or an their respective Judea the filing of said petition for rate accord and satisfaction of any supply main trunk lines changes, the Board of County claim the County might have for company's receiving a Commissioners shall hold a further or atlditional sums obtain permission from public hearing to consider the eayable under the terms of this Aviation Administratior proposed rate change,at which ordinance or for any other and maintain antennas hearing all persons desiring to performance or obligation of the to the needs of the syster be'heard, including the com- company hereunder. subscribers and obtai pany, shall be heard on any ever other permits the matter, Including, but not Itmi. E. Payments of compensation State or Federal offici ted to, the performance of this made by the company to the require. franchise,the company services County pursuant -to the pro- and the proposed new rates. visions of this Ordinance shall DISOONNECTIO be considered,in addition to and (4) Within thirty (80) days exclusive of any and all taxes, A.There hall be no ch after said hearing,the Board of business license fees, or other disconnection from an County Commissioners shall levies or assessments which are Television system. If a render a written decision on the now or which may hereafter be subscriber had failed company's petition either authorised by the laws of the properly due monthly f' accepting, rejecting or modify- United States,State of Colorado a user or subscriber dis ing the same and reciting the or the County. for seasonal periods, t basis of its decision. TECHNICAL STANDARDS pany may require,in ac AND SPECIFICATIONS- full payment of delimits (5) The criteria for Board's SYSTEM CHANNEL a reasonable fee for r decision on such matters shall CAPACITY ment. be the establishment of rates which are"fair and reasonablee A. All construction, installation B.If a user or subscribe to both the company and its and maintenance of equipment pay a properly due subscribers and sryhall be gener- related to the company CAWsubscriber fee, or ar ally defined as the minimum system shall comply with the properly due fee or clu rates necessary to meet all following: franchisee may discon applicable costs of service subscriber's service Cu including fair return on all (1) National Electric Safety a ten(10) day written I invested capital, all assuming Code as adopted by the County. the subscriber pays w efficient and economical man- (10) days after paymei agement. (2) National Electric Code of and after notice of disco (6) In order for the Board of the NationalFire Protection has been not disconnect County Commissioners e to de- scriber's service. terminchanges comportproposed vl h[ crriteria Standards National Si (Part CHANGE APPLICA established in subparagraph(5) 2). PROCEDURE above include the following financial reports: (4) Structural Standards for A. Except as otherwise steel antenna towers and enters- catty provided herein,, (a) Balance sheet; na supporting structures EU cations by the comp Standards RS-222-C as published changes in service,con (b) Income statement: by the Engineering Department schedules, transfer or Public sh`ip propbsed changes in iegu- agreements the company may be certified as correct by an lations or Ordinances,etc.,shall have with said subscribers or aauthorizedhoficer of ere e r of t the s corn- be be made and processed accord- users. . tea puny andg with such be report it- Ing to the following procedure: B.If any subscriber terminates other reasonable information as (1) Applications shall be in a any monthly service during the requested by the.County with form as prescribed by County; first twelve (12) months of said regard to the company's roper- service because of failure of the ties and expenses related to its (2) An application may be company to render the service CATV system operations within rejected for inadequacy by the in accordance with the sten- the County. County if it contains an Made- dards set forth in this Ordin- quate description of what is ance, the company shall refund ACCESS TO BOOKS AND being a lied for, is not in an to said subscriber an amount - RECORDS acceptable form, or contains equal to the installation or insufficient facts or information reconnection charge paid by the A.Copies of all petitions,filings, for adequate consideration; subscriber multiplied by the applications,and correspond- fraction of the twelve(12)month dance submitted by the corn- (3) A rejection of an applies- period for which the subscriber pany to the Federal Communi- tion for an inadequacy shall be win not be receiving the service. cations Commission, Securities in writing and shall state the In the event that said subscriber . and Exchange Commission or • nature o said deficiencies; has made an advance payment, any other Federal or State the amount paid shall be regulatory commission or (4) Upon acceptance, the refunded by the company. agency having jurisdiction in County shall review the applica. respect to any matters effecting lion regarding the necessity of This provision shall not re- Cable Television operations, further staff Out/and reports. lieve the company of liability shall be submitted simultane- The County Cl r• shall suytnit established in other provisions ously to the County. the application to the Board if he of this Ordinance. B. The compare shall fully deems it adequate and complete and in need of no further staff C.If any subscriber terminates, cooperate in m lug available study or report.Upon submittal for personal reasons any at reasonable Imes, and the to the Board, notice shall be monthly service prior to the end County shall have the right to given to the company of the of a prepaid period, a pro-rata inspect the books, records, date, time and place that the portion of any prepaid subscrib- ma&a plane and other like matter will be considered. All er's service fee, using the materials of the company appli- - such matters shall be con- number of days as a basin,shall cable to the permitted CAWsidered at a public hearing with be refunded to the subscriber by system, at any time during notice being given to the public the company within thirty(SO) normal business hours; pro- as described herein.In no event days. vided, that where volume and shall the application be submit- convenience necessitate, the ted to the Hoard later than thirty COMPANY RULES AND company may require the in- (30) days from acceptance by REGULATIONS spection to take place on the County Clerk.. company premises. The(5) Following a public hear- authority to shall have TRANS to promulgate such OF CONTFER OF ROL ing, the Board may submit the rules, regulations terms and application for further study and conditions governing the con- A. This franchise shall not be information any may request duct of its business as shall be assigned or transferred, either that additional documents and reasonably necessary to enable in whole or in part, or leased, provisions be provided,in which the company to exercise its sublet or mortgaged in any case a new hearing date shall be rights and performance oblige- manner, nor shall title thereto, established. tions under this Ordinance and either legal or equitable,or any the franchise and to insure an right,interest or property there- (61 Following Lie public uninterrupted service to each in pass to or vest in any person hearing and the receipt of any and all of its customers; without the prior written con- additional Information re- provided, however, its rules, sent of the County. Company quested, the Board may ap- regulations, terms and condi- may, however, ransfer or prove,disapprove,or modify the tions shall not be in conflict with assign the franchise to a wholly change requested by the com- the provisions hereof or applica- owned subsidiary of the com- pany. ble State and Federal Laws, pony, and such subsidiary may rules and regulations. transfer or assign the franchise COMPANY SERVICES back to the company without RIGHTS OF INDIVIDUALS such consent. A. Thu company shall provide all subscribers with all televi- A.the company shall not initiate B. Any proposed assignee must Sion signals required to be or use any form, procedure, or show financial responsibility as carried pursuant to F.C.C.Rules device for procuring informs- determined by the County and and Regulations and all local tion or data from Cable sub- must agree to comply with all access channels as defined scriber's premises by use of the provisions of the franchise and herein. Cable system without prior valid this Ordinance.The County shall .written authorization from the be deemed to have consented to B.The Company shall maintain, subscriber so affected. Valid ,a proposed transfer or assign as a minimum, the following authorization shall mean writ- ment in the event its refusal-to (access channels I: ten approval from the subscrib- consent is not communicated in er for a period of time not to writing to the company within (1) At least one (1) specially exceed one (1) Year, and said sixty (60) days following the designated, non-commercial authorization shall not have receipt of written notice of the public access channel to be used been obtained from the sub- proposed transfer or assign- , by the County. scriber as a condition for ment. providing service not requiring C. The company shall have return path monitoring. available equipment for local Further,it shall be unlawful for production and presentation of the company, without such Cable cast programs other than authorization,to activate and-or automated services and shall utilize return signals in any permit its use for the production manner from the subscriber's and presentation of public premises. In any case, the access programs. subscriber shall have the right • and opportunity to deactivate D.Company may charge for the the return path from his or:her use of such facilities as contem-- premises. plated in Sections C and D above according to such rates as approved by the Board. C.The company shall promptly notify the County of any actual or proposed change in, or - - transfer of,or acquisition by any party of control oithe company. The word"control"is used here and is not limited to major stockholders but includes actual working control in whatever manner exercised:.--Every change, transfer, or acquisition B. Neither the County nor -lie 'of Control oPthe Company ahall' company shall, without prior make the franchise subject to valid written authorization from cancellation unless and until the each subscriber so affected, County shall have consentednot EKEROENcrEB thereto, which consent will not provide any data identifying be unreasonably withheld. For A.In the event of an emergent subscribers' names or ad the a purpose of t determining - -or disaster, the company ehg1�, dresses to any other art and whether It shall consent to suc upon request of the ay said authorization shall no have p q Co y''' change oa[ttter or acquisitionmay make St its or .facilities al bcr obtained s from. the auA iofn control, the County t may County,the State or-:Federal Scriber vidi 'as tirign for the rospthe qualifications controlliof governments toeing for providing s rvice not - the and prospective c controlling emer ency use during the return path monitoring. - party, and the comppanP . In deH of such emergency or - assist in any such inquiry. I- persdine andr e sar to such C. Na person, an,. groun-- addition toa those criteria minin- erlyonnelper to nthe.system to prop• meat company, corporation, govern- tioned above for approve any said operate system under meal body, or agency,g shall ata whether g not transfer or a quy said circumstances. procure information subscribers'r data such , theTB trd may or o l ok Item Cb fthe into the Hoard may ralso the a n company shall incorpor-l premises by use r the Cable Into the moral including of the ate into itsan facilities Override capabil- system without prior wh sub- no limited assignee,i s cringgnal le h emergency unty, in authorization criberc frd, m each sub- not tw his alert, crlmhda- whereby the beuat , to scriber affected. ValidBn authwrittri-en history; faud,convictions c hid r intro of crisis may n one zation p shall mean written ments for fraud, dainst, he channels a a : aneousy. all approval from the subscriber eed proposed assignee; against'the channels eimul eopsly: fora period of s ltn exceed rtere is and whetheror one,to year and shall not have not there n any tn or If,at any tidisaster in,in tn the he of been obtained asis a condition for proposed lawsuit pending against the fire o be necessary, ssary,- nty it e providing pg oe not requiring oropnovolvns a Co out of s a ne udgm n in the return path monitoring. or Involving a Cable Commune. reasonable Judgment'of the cation system. County the eew to cut or move in pt authorization for procure- any of wires, cables, meet oridentifiable eaef i f o[ tub- D. .beta[ described roreid amps[lto 't a oetw kpp f the scriberlotevinformation wishallthin .be made or approvedof coma to the network of the or data shall be valid unless it th thirteen (1 f) months or company, y cutting re- specifies: the award of a franchise for moving may be done and any Cable Television. repairs necessary thereby shall (1) The type types of be made by the companyth at its information or data covered; theE. The consent r approval e are expense t essi that such tooBoard shall any transfer t of tea repairsglig t ct ofthnecessitated Cou , in l e The cei a tore,auth recd d, company lea not rights a whichcase,act c the of rep, rs to lest, or t store, record, waiver t release of the Htree sf which or costs of repairs transmit or otherwiset convey the County a in and to the sbyeeit shall be borne by the County. this information or data. and des,bb eexpressly subordinate CONTINUITY OF SERVICE Further all authorizations shall to the terms and conditions of specify the maximum period of this franchise. A. The company shall be time that any subscriber!dent'. required to provide continuous fiable information or data shall F.In the absence of extraordin- service to all subscribers in be preserved In any manner or ary circumstances, the County return for payment- of the form. will not approve any transfer or established fee. assignment of the franchise E. A written copy of all prior to substantial completion B. If the company elects to subscriber Identifiable informa- of construction of the proposed overhaul, rebuild, modify, sell tion or data which is retained system. or determines to abandon the and-or disclosed and the thence'. system or the County removes tion of this information or data, FORFEITURE AND or fails to renew the franchise, together with any explanation TERMINATION elects to purchase the system,or necessary to make it under- if the franchise becomes void standable to the subscriber A.In addition to all other rights qu the company la reired as part shall be provided to theaffected and powers retained by-the of Its franchise, Co continue to subscriber within thirty (30) County under this franchise or operate the system and provide days of procurement. Further otherwise, the County reserves continuous, uninterrupted ser- disclosures shall be fully de- the i right to declare e a forfeiture vice until an orderly end lawful tailed in writing to the affected change of operation is effects- subscriber within thirty (30) aO rights and privileges of the ated regardless of the circum- days of such disclosure. company hereunder in the event stances. Under no circum- F. Nothln contained herein of a substantial breach of its stances shall this period of terms and conditions. A sub- operation exceed three (3) shall prohf t the company from s[antial breach by the company months from the date _of conducting system-wide or in, shall include,but not be limited occurrence of any of the above dividually addressed "sweeps" to, the following: events. for the purpose of verifying system Fintegrity, controlling (1) Violation of any material REFUNDS ND USERS return billing for payrservmiess.Ion, or provisions of the franchise, this Ordinance, or any rule, order FISCAL REPORTS regulation or determination of A. Id the company !ails to the County made pursuant to the provide The company shall file annually any reasonable service - franchise and this Ordinance. request by a subscriber or user, the company shall, after being with the County Clerk, no later (2) Attempt to evade any afforded reasonable opportunity than 120 days after the end of the material provision of the fran- to provide the service not to company's fiscal year,a copy of Mae or existence of any fraud exceed thirty(30)days,prompt. a financial report, including an or deceit practiced upon the Iy refund all de Delta or advance income statement applicable to County or ice subscribers or cus- cTarges paid for the service in its operations during the preced- Comers. question by said subscriber or ing twelve (12) month period, a (y) Failure to begin or user. This provision shall not balance sheet, and a statement complete system construction or alter the company's responsi- of its investment in such extension as provided under this bility to subscribers and users properties on the basis o1 Ordinance ac orcording ccording to the under any separate contractual original cost, less applicable company's application or pro- depreciation. Such report shall o tic es _ posat. (4) to shallpromptiy remove from the mty the owner, or his age types Failure service provide the streets and public places all representatives for dama requiredof hereunder.romised or such u property r d pos of such from liability for day the County than any which caused by the Install (6) Failure to restore service abandoned in place permit e event move! cable�telev maintenance after ninety-six(86)consecutive of such removal, the company ties. hours of interrupted service, shall.promptly restore the street except where approval of such or :flier area from which such CENSORSHIP PROHIBI Interruption is obtained from the Property has been removed to a County; or condition satisfactory perrtt to the A.The County shall not pi (6) Material misrepreeenta- company. Ato ny bprebony of the or limit any rogram or cl tion of fact in the application for Place, dned in type of rogram or othi unicatic said fact se. pp such m shall be abandoned in censor the comm or prescribe eUasn he County may t signals by the company or B. Any he above mentioned je abandaonnymentof praoperty of the parties system,cable breach if the violation occurs, shall submit to thettCountyaan programs e on the tlealg but is without occurs as a t ref tof ithenstrument,Count t, to appBroved an y government not pr circumstances beyond its n- County y, frnslerring to the gate any re tion or con trol. The company shall not be Proprty the ownership of such which r leech b e e excused by mere economic right of free speech by me hardship, by misfeasance or cable television. malfeasance of its directors, B, If company fails to remove B. The company shat officers or employees. any pdoptertyy as herein re- prohibi or limit any C. The County may make a form the work at the company's presented over any pro written demand that thyye com- expense, provision,rule,order any rdeterm- ination RULE¢AND REO made available for g i under orpursuant to its govesm, educational ac ULATIONB government access or 1 franchise and-or this Ordinance. In addition to the inherent acces purposes. If the_violation by the company powers of the County to regulate COMPANY NOT TO CON. continues for a period of thirty and control this frnchtse for VALIDITY OF ORDINA] (60)days following such written Cable Television service and ddemnd without written proof those powers expressly reserved OF FRANCHISE that corrective action has been by the County o7 agreed to and By acceptance of the K t taken or is being actively or provided po for herein, the right any franchise pursuant-t., expeditiously pursued,the Issue and Countywi hereby reserved by Ordinance for Cable Tele be Terminationa n rofthe franchise Tay the o t promulgate such service,the company cove County shall cause to be served find necessary regulations the exercit shall ttnme ors in�anyy�mannt upon the company at least Its lawful powers and in the proceeding, set up again twenty (20) days prior to the furtherance of the terms and County any claim or Proce date of such Board hearing, a conditions of this Ordinance. challenging this Orc7lnan. written notice of the Intent to Such u additional regulations may the grant- of the fran request such termination and promulgated by Resolution of pursuant to this Ordinan the date and place of the the Board of County Commis. being unreasonable, arbil hearing. Public notigce shall be stoners. given hc the f the is consider. voidable or void, nor tha RENEWAL authority tdo make suchpfeii D. At the public hearing, the A. Any franchise for Cable to conaccept the shall be of Board shall hear and consider Television service may be Ordinance in its entirety, the Issue and shall hear any renewed by the Board of County person interested therein to Commissioners for a period net etermine whether or not a to exceed ten(10)years,if,upon 9EVERABH,ITY CLAP, violation by the company has a review of the company's If any part, section, Klineoccurred, performance during the initial sentence, clause, or phra If the franchise at suc a renewal determined would e this held Otoo be invalid, such In Board shall determine the vioation by e company the County's best interest. was the fault of the company B. In considering any renewal the shallremainingnfact the valid and within its control,the Hoard pursuant to this rovision, the Ordinance or of said stand. may,by Resolution,declare tha t Board of Count p sections n the franchise of the company is may examine County consider: the Board her of eby declarestAU forfeited and terminated there is compliance within such (1) Past performance by the ante and passed ur period as the Board may fix; company. such period not,to be less than subsection, in each part, see Y (60)days, provided no (2) A review of reports hrasetlthereoftirrespectl- opportunity for compliance need prepared throughout the life of the fact that one or more I be granted for fraud or mis- he franchise including the sections,subsections,sente representation. system technical performance, clauses or phrases be dect ' F. The issue of forfeiture and services,the costs of of to Invalid. be placed onn the automatically age agenda ance o the fsimi subscriber in other at the expiration of the time set communities operating under for compliance.The Board may similar requirements; and then terminate the franchise complaint resolution. forthwith upon finding: that the company.has failed may further achieve compliance the periodnin itsfdiscre- lion for good cause. Ordinane above 94 was,on m the pte bduly y the followid ng vo A.D., 1981. day of --_ C. Any renewal made pursuant to this Section shall be by -BOARD OF COI)Resolution, after notice to the COMMISSION pubic as defined public hearing. COLOR herein, and WELD COW FORECLOSURE- -,i1 y{ipCELERSHIP ' D.No renewal under this Section q; ...o,.. - IS to lh• A.Upon the foreclosure or other the abilitytoliawarrdreother `•Chuck Carlson,Chair Judicial _part of all or services pu[rssurantto thiseOrdin Norman Carlson,Pro.' Communication system,or upon . once. the termination of any leeas covering f the®Ystteem,tr hsubstantial ma shall pursuant to thus Sethe io franchise hhlll • C.W.li and such the'County of such e fact, one inggaccordance with the then treatedras aoniotificationhthatbe a the Federal Communications John T.MI change in control of the corn. Commission. pany has t ken place and the requirements'of this Ordinance F. Any application for renewal June K.Stein, governing the'consent of the made by the company shall be Board of County Commissioners considered by the Board of ATTEST: to such change in control of the County Commissioners no later Weld County Clerk company shall apply. • than 120 days and Recorder and pp Y prior l the 0 B. The Board of County Corn- chlseaterm,of the initial hap- Clark to the Board missioners shall have the right B to cancel the franchise 120 days LANDLORD-TENANT Deputy County Clerk after the ppointment of a RELATIONSHIPS receiver or trustee,to take over APPROVED AS TO FORM and conduct the business of the A. Neither the owner of any company, whether in receiver- multiple unit residential dwel- ship, reorganization, bank- ling nor his agent or representa- County Attorney ruptcy or other action or tive shall Interfere with the right proceeding, or trusteeshess ip shh all thereof too recet ive cableete evi- Nov.19,19811— First Read have been vacated prior to the lion service, cable installation First Publics expiration of said 120 days, or or maintenance from a cable Nov 20, 1981 — Second Rea unless,' communication company raga Dec. 8,1981 —Second Pub. (1) Within 120 days after his under by yvalid and existingrcape • flop election or appointment such television franchise Issued by Dec. 14, 1981, Final Readln receiver or trustee shall have the County. Dec. 17, 1981 —fully complied with all the Lion Final PUDli provisions of this Ordinance and B. Neither the owner of any remedied all defaults there- multiple unit residential dwell. Published in the Johnst, under; and ling nor his agent or representa- Breeze Nov. 19 1981 1 Such receiver or trustee, king a 1Y11 ask, demand or Co Legal 811-248-Clerk to Be within said 120 days,shall have gratuity In any fo service or executed an agreement duly condition for permitting or • a,'proved by the Court having cooperating with the installation Jurisdiction in the matter, of a cable television service to whereby such receiver or the dwelling unit occupied by a trustee assumes or agrees to be tenant or resident requesting *_ YOWL. + bound by each and every service. IS `. provision of this Ordinance and the franchise granted to the C. Neither the owner of an name and, company. multiple unit residential dwel- ling nor his agent or representa. address NON-DISCRIMINATION tive shallge or surcharge enant charge nt correct? A. The company shall not deny or forfeit or thrreattenrto forfeit service, access or otherwise any right of such tenant or discriminate against subscrib- resident,or discriminate in any - I.Q; • '+7Y'" citizens oneltherebasisrof general c ressldenl who tenantsuch rer I '11' ® ® r? "fie r0 color,religion,national origin or ceives cable communication .�®I�®e j,_��' sex. The company shall strictly service from a company operat- e—s.. II., adhere to the Equal Employ or under a valid and existing ! rte. men[Opportunity requirements cable television franchise Issued of the F.C.C. by the County. I .,.G7.1 6,. B. The company shall comply, D. No person shall resell, Please check the address at all times, with all other without the expressed. written label on this issue of a pllcable Federal, State and consent of both the company and THE JOHNSTOWN BREEZE County Ordinances and laws, the County, any cable service and all executive and adminis program or signal transmitted lloase senstea,d rer ledla eel. trative orders relating to non. by a cable television company discrimination. operating under a franchise please lbw notice.t lapel. issued by the County. with this,,lire.to: ABANDONMENT-REMOVAL OF FACILITIES E. Nothing in this Article shall THE JOHNSTOWN BR EEZE A. In the event that the use of that cablt a es television system P.o.Box aoo any part of the system is facilities conform to laws and Johnstown,CO.eosJ+ discontinued for any reason by regulations and reasonable con- the h)''�uT address is not accurate company yfor1T continuous ditions necessary to protect ' and complete you may miss period the-event e (12) months,or safety, functioning, appearance such system or and value ofth ,when when terPlst Office treurns property has been installed.in convenience a premises e of per-r he lapel to us he t for icorrectons any street or public place sons and property, withrequiret ments of of thisOrdinance,itr F. Nothing in or the rights granted hereunder prohibit a person Wf o redtion shall g have been terminated,cancelled a cable communication ' or have expired, the company pang from agreeing to indem- Hello