HomeMy WebLinkAbout39-99 - Ord. Cable Television Communications Regulations ORDINANCE 39 - 99
AN ORDINANCE of the County of Mason , relating to cable television
communications regulations , repealing Ordinance _ 1223 and
establishing new conditions , requirements , obligations and duties of
construction , maintenance and operation of cable communication systems
as may be authorized under franchises with the County , attached as
Appendix A .
%Mason County Master Ordinance
TABLE OF CONTENTS
Section Paae
1 . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 6
M2 . Terms of Franchise . . . . . . . . . . . . . . . . . . . 0 a 0 0 a V a a a 6 a a a 9 a a a a a 9 a a 0 a a 0 0 0 0 0 0 0 a W a a a a a a a a 0 5 a 0 a a a a 0 a a a 0 a a 6 = 8
M3 . Service Area . . . . . . . . . . . . 0 9 a a a am a 0 a a a a a 0 go a a 9 a 9 0 9 0 & a 9 4 a 0 R V a 9 0 9 a a a 0 9 a a 0 a 0 0 a a a a a a a a a a a 0 a 0 a a a a a a 0 a a a a 0 a 8
4 . Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
M5 . Franchise Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 9 , 10
6 . Acceptance . . . . a a 9 a 9 a a 9 a 0 9 0 9 a 0 9 0 a 0 9 a 9 0 a a 1 0 a a a a 0 0 0 0 a a a a 0 a a a a a a a 0 a a D 0 a a a a a a a a a 9 0 a 0 a a 0 a a a a 0 0 a 0 0 a 0 0 0 a 0 0 a 10
M7 . Police Powers . . 0 8 a a 0 a a a a a a a 0 0 a a a a a 9 a a a a a a d a W a a W a a a 9 a 0 a a a 0 a a a a a a a U a 9 a a a a 6 a 0 a 0 0 a 0 & 9 0 a 0 0 0 U a 0 0 0 a a 0 0 a 0 1 1
M8 . Rules and Regulations by the County , a a 0 4 0 0 9 0 a 0 0 0 a a a V a 0 A 9 0 9 a a 0 a V 0 0 * a a a a 0 a a a 0 0 a a 11
M9 . Technical Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 12
M 10 . Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 , 13
M11 . Construction Notification , . 0 ff 0 a 0 9 9 a 0 a 0 D 0 a 0 a 0 a a 0 0 a a 0 0 a a a a 9 0 9 0 a a a 0 a a a 5 a a a 0 a 0 a a 0 0 0 a 0 a a 0 * a 4 0 a 0 0 13 , 14
M12 . Undergrounding and Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
M 13 . Construction in Right- of- Way .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 21
14 . Safety Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 , 22
M15 . Building Moving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
M16 . Tree Trimming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
M17 . Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 23
M18 . Extraordinary Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
M19 . Emergency Override . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 , 24
M20 . Interconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
M21 . Institutional Networks ( I - Nets ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 25
M22 . Access and Institutional Network Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
M23 . Public Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
M24 . Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
M25 . Customer Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 26
M26 . Parental Control Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
M27 . Refunds for Outages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
M28 . Failure to Improve Customer Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 , 27
M29 . Franchise Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
M30 . Periodic Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
M31 . Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 , 28
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TABLE OF CONTENTS
M32Discounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
M33 . External Franchising Costs . . . . . . . . ban . . . . . . . . . . . . . . . . . . . . . . . Doug . . . . . . . . . . . . . . . . . . . . . . . a 28
M34 . Cable System Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 , 29
M35 . Non - Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 . Equal Employment Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
M37 . Continuity of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2 % 30
M38 . Franchise Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
M39 . Transfer of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 , 31
40 . Record Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 , 33
M41 . Rights Reserved to the County . . . . 9 0 0 0 a R .8 0 9 a a U a a a 0 0 a a 8 a 0 9 a 9 a A a a a a a 0 1 a a a a a a 0 a a a 0 0 a a 0 a a a 33 , 34
M42 . Effect of Termination for Non = Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 , 35
M43 . Termination of Subscriber Services . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
M44 . Removal & Abandonment of Property of Franchisee . . . . . . . . . . . . . . . . . . 35 , 36
M45 . Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 , 37
M46 . Revocation for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 - 39
M47 . Indemnification & Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 40
M48 . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
M49 . Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 , 41
M50 . Recourse Against Bonds and Other Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a41 , 42
M51 . Equalization of Civic Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
M52 . Inconsistency . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
M53 . Severability::. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 , 43
M54 . Effect of Change in Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
M55 . Independent Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
M56 . Entire Ordinance . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
M57 . Successor and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
M58 . Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
M59 . Ratification . 0 a a 0 0 a 0 a 0 6 a a 0 0 a a a a a 0 a a a V I a 0 a 0 a 0 0 a a a a 0 6 an 5 0 a a a 1 0 a a a 0 0 0 0 a 1 0 a 0 a a 9 0 0 0 0 a a a a a a 9 1 0 0 a 0 a a 0 a a a 0 0 R I a 44
M60 . Effective ® ate . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
ExhibitA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Mason st r Ordinance APPENDIX
Section Mlo Definitions .
( a) " Access Channels " ( Public , Educational or Governmental access facilities )
means : 1 . Channel capacity designated for public , educational , government use ;
and 2 . facilities and equipment for the use of such channel capacity .
( b ) The " Act " means the Cable Television Consumer Protection and Competition
Act of 1992, and the Telecommunications Reform Act of 1996 as now existing or
hereafter adopted or amended , and the Cable Communications Policy Act of
1984, as now existing or hereafter adopted or amended .
( c ) " Addressability " means the ability of a system allowing a Franchisee to
authorize by remote control customer terminals to receive , change or to cancel any
or all specified programming .
( d ) " Applicant " means any person or entity that applies for a Franchise .
( e ) " Basic Cable Service " means all signals of domestic television broadcast
stations provided to any subscriber ( except a signal secondarily transmitted by
satellite carrier beyond the local service area of such station , regardless of how
such signal is ultimately received by the cable system ) any public , educational ,
and governmental programming required by the Franchise to be carried on the
basic tier , and any additional video programming signals and service added to the
basic tier by a cable Franchisee .
(f) " Cable Services " means ( i ) the one-way transmission to subscriber of video
programming or other programming service , and ( ii ) subscriber interaction , if any ,
which is required for the selection or use by the subscriber of such video
programming .
( g ) " Cable Communication System " means a facility , consisting of a set of closed
transmission paths and associated signal generation , reception , and control
equipment that is designed to provide cable service and other service to
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Mason County Master Ordinance APPENDIX
subscribers .
( h ) " Channel " means a single path or section of the spectrum which carries a
television signal .
( i ) " Character generator" means a device used to generate alpha numerical
programming to be cablecast on a cable channel .
(j ) " Commissioners " means the Board of Commissioners for Mason County
acting in its official capacity .
( k) " County" means Mason County , a municipal corporation of the State of
Washington .
( 1 ) " Data Transmission " means ( 1 ) the movement of encoded information by
means of electrical or electronic transmission systems ; (2 ) the transmission of data
from one point to another over communications channels .
( m ) " Dwelling units " means residential living facilities as distinguished from
temporary lodging facilities such as hotel and motel rooms and dormitories , and
includes single family residential units and individual apartments , condominium
units , mobile homes within mobile home parks , and other multiple family
residential units .
( n ) " Emergency " means a condition of imminent danger to the health , safety , and
welfare of property or persons located within the County including , without
limitation , damage to persons or property from natural consequences , such as
storms , earthquakes , riots or wars .
( o ) " FCC " means the Federal Communications Commission , a regulatory agency
of the United States government .
( p ) " Fiber Optics " means the technology of guiding and projecting light for use as
a communications medium .
( ) " Franchise " means the initial authorization , or renewal thereof , issued by the
Mason County Master Ordinance APPENDIX
franchising authority , whether such authorization is designated as a Franchise ,
permit , license , resolution , contract , certificate or otherwise , which authorizes
construction and operation of the Cable Communication System for the purpose of
offering cable service or other service to subscribers .
( r) " Franchisee " means the person , firm or corporation to whom or which a
Franchise , as herein above defined , is granted by the Board of County
Commissioners under this Ordinance and the lawful successor, transferee or
assignee of said person , firm or corporation subject to such conditions as may be
defined in County ordinance .
( s) " Cross revenues " means any and all receipts and revenues received directly
or indirectly from all sources derived from the provision of cable services furnished
by a Franchisee , including franchise fees if allowable by Federal law , other than
transactions related to real property receipts by a Franchisee not including bad
debt and any taxes on services furnished by a Franchisee , imposed on any
subscriber or used by any governmental unit , agency or instrumentality and
collected by a Franchisee for such entity .
(t) " Headend " means the electronic equipment located at the start of a cable
system , usually including antennas , preamplifiers , frequency converters ,
demodulators and related equipment .
( u ) " Installation " means the connection of the Cable Communication System from
feeder cable to subscribers ' terminals .
(v) " Institutional networks ( kNets) " means a cable communications system
designated principally for the provision of non - entertainment services to schools ,
public agencies or other non - profit agencies , separate and distinct from the
subscriber network , or on secured channels of the subscriber network .
(w ) " Interactive services " means services provided to subscribers where the
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CountyMason ter Ordinance APPENDIX A
subscriber either ( i ) both receives information consisting of either television or
other signals and transmits signals generated by the subscriber or equipment
under his/her control for the purpose of selecting what information shall be
transmitted to the subscriber or for any other purpose ; or ( ii ) transmits signals to
any other location for any purpose .
(x) " Office " means the person or entity designated by the County as being
responsible for the administration of a Franchise for the County .
(y) " Property of Franchisee " means all property owned , installed or used by a
Franchisee in the conduct of its business in the County under the authority of a
Franchise granted pursuant to this Ordinance .
( z) " Proposal " means the response , by an individual or organization , to a request
by the County regarding the provision of cable services ; or an unsolicited plan
submitted by an individual or organization seeking to provide cable services in the
County .
( aa) " Public Right of Way" or " Street " means the land owned , dedicated or
conveyed to the County or a unit of government , including , but not limited to , any
public alley , boulevard , lane , way , place , drive , easement , right- of-way or
sidewalk , or any portion thereof , under the jurisdiction of the County .
( bb ) " Subscriber" means a person or entity or user of the cable system who
lawfully receives cable services or other service therefrom with Franchisee ' s
express permission .
Section M2a Terms of Franchise .
( a) AUTHORITY TO GRANT FRANCHISES OR ORDINANCES FOR CABLE
TELEVISION : It shall be unlawful to engage in or commence construction , operation ,
or maintenance of a cable communications system without a franchise issued under
this Ordinance . The Commissioners may , by ordinance , award a non - exclusive
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Mason ty Master OrdinanceAPPENDIX
franchise to construct , operate and maintain a cable communications system which
complies with the terms and conditions of this Ordinance .
This franchise shall not be deemed to be an exclusive franchise . It shall in no
manner prohibit the County of Mason from granting other utilities under , along , across ,
over and upon any of the County roads , rights- of-way or other County property subject
to this franchise and shall in no way prevent or prohibit the County of Mason from
constructing , altering , maintaining or using any of said roads , rights- of-way , drainage
structures or facilities , irrigation structure or facilities , or any other County property or
affect its jurisdiction over them or any part of them with full power to make all
necessary changes , relocations , repairs , maintenance , etc . , the same as the County
may deem fit .
( b ) INCORPORATION BY REFERENCE : The provisions of this Ordinance shall
be incorporated by reference in any franchise ordinances or licenses approved
hereunder . The provisions of any proposal submitted and accepted by the County
shall be incorporated by reference in the applicable franchise . However, in the event
of any conflict between the proposal , this Ordinance and the franchise , the franchise
shall be the prevailing document .
(c) NATURE AND EXTENT OF THE FRANCHISE : The said Franchisee ,
successors and assigns shall have the right and authority to enter upon County roads ,
rights - of-way and other County property as designated in Section M3 - Service Area ,
for the purpose of constructing cable television lines and all necessary facilities
connected therewith , and for repairing all such lines and facilities , and for operating
and maintaining said lines and facilities .
Any franchise granted hereunder by the County shall authorize a franchisee ,
subject to the provisions herein contained :
( 1 ) To engage in the business of operating and providing cable service and
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Mason n Master Ordinance APPENDIX A
the distribution and sale of such service to subscribers within the County ;
( 2 ) To erect , install , construct , repair , replace , reconstruct , maintain and retain
in , on , over , under , upon , across and along any street , such amplifiers and appliances ,
lines , cables , conductors , vaults , manholes , pedestals , attachments , supporting
structures , and other property as may be necessary and pertinent to the cable
communications system ; and , in addition , so to use , operate and provide similar
facilities , or properties rented or leased from other persons , firms or corporations ,
including but not limited to any public utility or other franchisee franchised or permitted
to do business in the County . No privilege or exemption shall be granted or conferred
upon a franchisee by any franchise except those specifically prescribed therein , and
any use of any street shall be consistent with any prior lawful occupancy of the street
or any subsequent improvement or installation therein .
( d ) TERM OF FRANCHISE : The County shall have the right to grant a franchise
for a period of time most appropriate to the circumstances of the particular grant .
Section M3v Service Area .
The County , while recognizing that some franchisees have previously been
granted a geographically limited franchise area , may wish , upon the expiration of such
franchises , to remove such restrictions and to make the entire County open to
franchisees . Such conditions , if appropriate , will be addressed in individual franchise
ordinances .
Section M 4 : Application .
An applicant for a franchise either to construct or operate and maintain a cable
communications system within the County shall file an application in a form prescribed
by the County , accompanied by a non - refundable filing fee in an amount determined
by the County .
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Mason County Master Ordinance APPENDIX
Section rant ise Issuance .
Prior to the granting of a Cable Franchise , the Board of County Commissioners
shall conduct a public hearing to determine the following ;
A . Initial Franchise .
1 . That the public will be benefited by the granting of a Franchise to the
Applicant ;
2 . That the Applicant has the requisite financial and technical resources and
capabilities to build , operate and maintain a Cable Television System in the
area ,
3 . That the Applicant has no conflicting interests , either financial or commercial ,
which will be contrary to the interests of the County ;
4 . That the Applicant will comply with all terms and conditions placed upon a
franchisee by this Ordinance ;
5 . That the Applicant is capable of complying with all relevant federal , state , and
local regulations , codes and standards pertaining to the construction ,
operation and maintenance of the Cable Facilities and systems incorporated
in its application for a Franchise ;
6 . That the Public Rights- of-Way have the capacity to accommodate the Cable
Television System ;
7 . That the proposed Franchise is consistent with the County ' s present and
future use of the Public Rights - of-Way to be used by the Cable Television
System ;
8 . That the benefit to the public from the Cable Television System outweighs the
potential disruption to existing users of the Public Rights- of-Way to be used
by the Cable Television System , and the resultant inconvenience which may
occur to the public ; and
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CountyMason ster Ordinance APPENDIX A
9 . That all other conditions resulting from the grant of the Franchise have been
considered by the County and that the County determines that the grant is still
in the public ' s best interest .
B . Renewal Franchise .
1 . That the franchisee has substantially complied with the material terms of the
existing Franchise .
2 . That the quality of the franchisee ' s previous service including signal quality ,
response to consumer complaints , and billing practices , but without regard to
the mix or quality of cable services or other services provided over the
system , has been reasonable in light of community needs .
3 . That a franchisee ' s proposal is reasonable to meet the future cable - related
community needs and interests , taking into account the cost of meeting such
needs and interests .
4 . That a franchisee has the financial , legal , and technical ability to provide the
services , facilities , and equipment as set forth in a franchisee ' s proposal .
5 . That such renewal is consistent with Section 626 of the Federal Cable Act ,
47 , USC § 5 as amended .
Section M 6 : Acceptance .
( a) No franchise granted pursuant to the provisions of this Ordinance shall
become effective unless and until the ordinance granting same has become effective .
( b ) Within sixty (60) days after the effective date of the Ordinance awarding a
franchise , or within such extended period of time as the Commissioners in their
discretion may authorize , a franchisee shall file with the Clerk of the Board its written
acceptance of the franchise , in a form satisfactory to the Prosecuting Attorney ' s Office ,
together with proof of the bond and insurance policies required by Sections M49 :
Performance Bond and M48 : Insurance herein .
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Mason County Master Ordinance APPENDIX
Section 7 ® Police Powers .
In accepting any franchise , a franchisee acknowledges that its rights hereunder
are subject to the legitimate rights of the police power of the County to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public
and it agrees to comply with all applicable general laws enacted by the County
pursuant to such power .
Section Rules and Regulations by the Coun1y.
( a) In addition to the inherent powers of the County to regulate and control any
franchise it issues , the authority granted to it by The Act, and those powers expressly
reserved by the County , or agreed to and provided for in a franchise , the right and
power is hereby reserved by the County to promulgate such additional regulations as
it may find necessary in the exercise of its lawful powers , giving due regard to the
contractual rights of the franchisee under the franchise .
( b ) The County Commissioners reserve the right to delegate their authority for
franchise administration to a designated agent .
Section M9 : Technical Standards .
(a) Subject to Federal , State and local law , a franchisee shall comply with FCC
rules , Part 76 , Subpart K , Section 76 . 601 through 76 . 610 as may be amended , or any
more restrictive standards that may be promulgated by the NCTA hereafter , and , at the
minimum , the following :
( 1 ) Applicable County , State and National/ Federal Codes and Ordinances ;
( 2 ) Applicable Utility Joint Attachment Practices ;
(3 ) The National Electric Safety Code ; ANSI C2 ;
(4 ) Local Utility Code Requirements ;
(5 ) Local Rights- of-Way Procedures ;
( b ) Preventive Maintenance : A comprehensive routine preventive_ aintenance
program shall be developed , effected , and maintained to ensure continued top quality
cable communications operating standards in conformance with FCC Regulations Part
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Mason County Master Ordinance APPENDIX
76 or as may be amended .
The Franchisee shall notify the County prior to the date of the semi - annual FCC
Proof of Performance Test so that the County , as is its right under the pertinent FCC
regulations , may , at its option , monitor the taking of such tests . The Franchisee shall
upon request provide a copy of the results of the system evaluation to the County at
the same time as submission to the FCC . Such inspections shall be at the expense of
the franchising authority ®
Section M10a ConstructionStandards .
The cable television system and all franchise property and appurtenances shall
be designed , installed , constructed , and maintained using the current industry
standard regarding components , materials , and methods . A franchisee shall at all
times comply with all current applicable state , federal , and County standards . All of a
franchisee ' s plant and equipment , including but not limited to , the antenna sites ,
headend and distribution system towers , dwelling connections , structures , poles ,
wires , cables , coaxial cables , fixtures , and appurtenances shall be designed , located ,
installed , erected , constructed , reconstructed , replaced , removed , repaired , operated ,
and maintained in accordance with good engineering practices and performed by
experienced construction and maintenance personnel so as not to endanger or
unreasonably interfere in any manner with the rights of any property owner, or hinder,
or to obstruct pedestrian or vehicular traffic . A franchisee shall additionally comply
with all applicable County construction codes and permit procedures . County shall be
entitled to charge reasonable permit fees . Notwithstanding the granting of a franchise ,
a franchisee shall not be authorized to do any work under the franchise for which
issuance of a permit is required unless and until such permit is issued for such work . A
franchisee shall not have an absolute right to the issuance of a permit .
All construction and installation work where crossing County roads or rights- of-
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Mason my Master Ordinance APPENDIX A
way or other County property outside of the corporate limits of any incorporated town
shall be subject to the approval and pass the inspection of the County Engineer.
In preparing Plans and Specifications for the installation of cable television lines
across County roads and rights- of-way the Franchisee shall use as a guide and
reference the latest compilation of the Standard Specifications for Road and Bridge
Construction established by the Washington State Department of Transportation
and/or AP A .
All plans and specifications for County road crossings shall be subject to the
approval of the Mason County Engineer .
Notwithstanding the provisions of this section , the County Engineer may require
or permit modifications of such specifications referred to in this section and approve
such plans and specifications submitted by the Franchisee in applying for a permit for
such work .
Mason County reserves for itself the right at any time upon ninety ( 90 ) days
written notice to the Franchisee , to so change , amend , modify or amplify any of the
provisions or conditions herein enumerated to conform to any state statute or County
regulations , relating to the public welfare , health , safety or highway regulation , as may
hereafter be enacted , adopted or promulgated and this franchise may be terminated at
any time if the Franchisee ' s lines and facilities are not operated or maintained in
accordance with such statute or regulation .
Section M11a Construction Notification .
At least fifteen ( 15 ) days prior to the intended construction , a franchisee shall
inform all residents in the affected area that a construction project will commence , the
dates and nature of the project , and a toll -free telephone number which the subscriber
may call for further information . A pre- printed door hanger may be used for this
purpose .
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Mason ser Ordinance APPENDIX A
(a) Notice of Entry on Private Property . At least twenty-four (24 ) hours prior to
entering private property or streets or public easements adjacent to or on such private
property to perform new plant construction or reconstruction , a notice indicating the
nature and location of the work to be performed shall be physically posted upon the
affected property . A franchisee shall make a good faith effort to comply with the
property owner/resident ' s preferences , if any , on location or placement of underground
installations ( excluding aerial cable lines utilizing existing poles and existing cable
paths ) , consistent with sound engineering practices .
( b ) Emergency Repairs . Notice requirements of subsections ( a) and ( b ) above ,
are suspended for purposes of entry upon private property to perform repairs at the
subscriber' s request or in the event of system outage repairs or other emergencies in
which insufficient time is available to provide notice to subscribers .
(c) Restoration of Property . After performance of work , franchisee shall restore
private property as nearly as possible to its condition prior to construction . Any
disturbance of landscaping , fencing , or other improvements on private property shall ,
at the sole expense of a franchisee , be promptly repaired and restored ( including
replacement of such items as shrubbery and fencing ) to the reasonable satisfaction of
the property owner .
( d ) The laying , construction , operation and maintenance of the Franchisee cable
television lines and facilities authorized by the franchise shall not preclude the County
of Mason , its agents or its contractors from blasting , grading , excavating , or doing other
necessary road work contiguous to the said lines and facilities of the Franchisee
providing that the Franchisee shall be given forty- eight (48 ) hours notice of said
blasting or other work in order that the Franchisee may protect cable television lines
and facilities .
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Mason ter Ordinance APPENDIX
Undergrounding andan ca i
In those areas and portions of the County where the transmission or distribution
facilities of the public utility providing telephone service and those of the facility
providing electric service are underground or hereafter may be placed underground ,
then a franchisee shall likewise construct , operate and maintain all of its transmission
and distribution facilities in the same area underground . Such activities shall be made
in coordination with the other affected utilities . Amplifiers and associated equipment in
a franchisee ' s transmission and distribution lines may be in appropriate housing upon
the surface of the ground . A franchisee shall be responsible for insuring that such
housing located upon the surface of the ground is clearly visible to the County so as to
facilitate lawn mowing and other landscaping activities . The County shall not be
responsible for any damage to the facilities during normal maintenance activities .
Section M 1 3z Constructionin Riaht = of = Way.
( a ) Notification of County Public Works Department . Prior to commencement of
construction of said cable television lines or facilities , the Franchisee shall first file with
the County Engineer their application for permit to do such work together with plans
and specifications in triplicate showing the position , depth and location of all such
lines and facilities sought to be constructed , laid , installed or erected at that time ,
showing their relative position to existing County roads , rights- of-way or other County
property upon plans drawn to scale , hereinafter collectively referred to as the " map of
definite location . " A franchisee shall submit an application for permit to perform work
in the County' s rights - of-way . No work , other than emergency repairs shall commence
without such a permit . Emergency repairs may be made immediately with notification
given to the County no later than the next business day .
( b ) Installation . The lines and appurtenant facilities shall be laid in exact
conformity with said map of definite location , except in instances in which deviation
15
Mason my Master Ordinance APPENDIX
may be allowed thereafter in writing by the County Engineer pursuant to application by
the Franchisee . The plans and specifications shall specify the class and type of
material and equipment to be used , manner of excavation , construction , installation ,
backfill , erection of temporary structures , erection of permanent structures , traffic
control , traffic turnouts and road obstructions , etc . No such construction shall be
commenced without the Franchisee first securing a written permit from the County
Engineer, including approval endorsed on one set of plans and specifications returned
to the Franchisee . All such work shall be subject to the approval of and shall pass the
inspection of the County Engineer . The Franchisee shall pay all applicable permit
fees in conjunction with this work .
In any work which required breaking of soil of the County roads , rights- of-way or
other County property subject to this franchise for the purpose of laying , re - laying ,
connecting , disconnecting and repairing the said cable television lines and facilities ,
and making connections between the same to structures and buildings or consumers
or making connections to other facilities of the Franchisee now in existence or
hereafter constructed , the Franchisee shall be governed by and conform to the general
rules adopted by the officers charged with the supervision and care of such County
roads , rights - of-way , and other County property ; and the Franchisee at their own
expense and with all convenient speed shall complete the work for which the soil has
been broken and forthwith replace the work and make good the County road , right- of
way or County property , and leave the same in as good condition as before the work
was commenced , provided , however , that no such breaking of the soil on County
roads , rights- of-way , or other County property , shall be done prior to the obtaining of a
permit issued by the County Engineer except on an emergency basis . Application for
such permit shall be accompanied by specifications for the restoration of the County
road , right- of-way or other County property to the same condition as it was prior to
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MasonuntMaster Ordinance APPENDIX
such breaking , and such specifications must be approved by the County Engineer
before such breaking of the soil is commenced ; provided further that the County
Engineer may require a performance bond in a sum sufficient to guarantee to Mason
County that such County road , right- of-way or other County property shall be restored
to the same condition as it was prior to such breaking of the soil , the amount of said
bond to be fixed by the County Engineer . The County Engineer may at any time do ,
order or have done any and all work that they consider necessary to restore to a safe
condition such County road , right- of-way or other County property left by the
Franchisee or its agents in a condition dangerous to life or property , and the
Franchisee , upon demand , shall pay to the County all cost of such work provided that
the Franchisee has first been given notice and an opportunity to correct or repair such
condition (s) itself , prior to any such demand .
All cable television lines and facilities constructed , operated and maintained
across County road , rights-of-way or other County property covered by this franchise
shall be constructed , operated and maintained in compliance with the provisions of
Mason County Ordinance No . 85 -97 , Accommodations of Utilities on Road Right- of-
Way , effective August 12 , 1997 . The cable television lines shall be laid as directed by
the County Engineer at depths of not less than specified in the Ordinance referred to
above . All construction or installation of such lines and facilities , service , repair , or
relocation of the same , performed along or under the County roads , rights- of-way of
other County property subject to this franchise shall be done in such a manner as not
to interfere with the construction and maintenance of other utilities , public or private ,
drains , drainage ditches and structures , irrigation ditches and structures , located
therein , nor with the grading or improvements of such County roads , rights- of-way or
other County property . The owners of all utilities ( public or private) installed in such
County roads , rights- of-way or other County property prior in time to the lines and
17
MasontMaster Ordinance APPENDIX A
facilities of the Franchisee , shall have preference as to the positioning and location of
such utilities so installed with respect to the Franchisee . Such preference shall
continue in the event of the necessity of relocating or changing the grade of any such
County road or right- of- way .
In accordance with the permit issued all transmission lines , equipment , and
structures shall be located and installed so as to cause minimum interference with the
rights and reasonable convenience of property owners , and at all times shall be
maintained in a safe condition , and in good order and repair. Suitable barricades ,
flags , lights , flares , or other devices shall be used at such times and places as are
reasonably required for the safety of the public . Any poles or other fixtures placed in
any street by a franchisee shall be placed in such manner as not to interfere with the
usual travel on such public way .
(c) Interference With Use of Streets . All work done under this franchise shall be
done in a thorough and workmanlike manner. In the laying of cable television lines
and the construction of other facilities and the opening of trenches , the tunneling under
County roads , rights- of-way or other County property , the Franchisee shall leave such
trenches , ditches and tunnels in such a way as to interfere as little as possible with
public travel and shall take all due and necessary precautions to guard the same , so
that damage or injury shall not occur or arise by reason of such work ; and where any
of such trenches , ditches and tunnels are left open at night , the Franchisee shall place
warning lights and barricades at such a position as to give adequate warning of such
work . The Franchisee shall be liable for any injury to person or persons or damage to
property sustained through their carelessness or neglect , or through any failure or
neglect to properly guard or give warning of any trenches , ditches or tunnels dug or
maintained by the Franchisee .
A franchisee must obtain an application for permit to perform work in the rights- of=
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Mason County Master Ordinance APPENDIX
way for all work performed by the franchisee in such areas . When installing , locating ,
laying , or maintaining facilities , apparatus , or improvements , a franchisee shall not
interfere with the use of any street to any greater extent than is necessary , and shall
leave the surface of any such street in as good condition as it was prior to performance
by franchisee of such work . Any facility , apparatus , or improvement under this
Ordinance shall be laid , installed , located , or maintained in conformance with
instructions given by , and to the satisfaction of the County . In any event , a franchisee
shall , at its own expense , and to the satisfaction of the County in accordance with the
terms of the application for permit to perform work in the rights -of-way , restore to
County standards and specifications any damage or disturbance caused to streets as
a result of franchisee ' s construction or operations .
(d ) Relocation/ Removal . If, at any time , the County of Mason shall improve or
change any County road , right- of-way or other County property subject to this
franchise by grading or regrading , planking or paving the same , changing the grade ,
altering , changing , repairing or relocating the same or by constructing drainage
facilities , the Franchisee , upon written notice from the County Engineer, shall , at their
sole expense , promptly change the location or readjust the elevation of cable
television lines and other facilities so that the same shall not interfere with such County
work and so that such lines and facilities shall conform to such new grades or routes
as may be established . Except under emergency circumstances the County shall
furnish fourteen ( 14) days advance written notice of such anticipated changes . The
County of Mason shall in no way be held liable for any damages to said Franchisee
that may occur by reason of any of the County ' s improvements , changes or works
above enumerated . The County of Mason shall provide the utility a copy of the Six
Year Transportation Program and the Annual Construction Program after adoption
each year . It is anticipated these programs will aid the utility in planning construction
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Masonu t aster Ordinance APPENDIX
programs .
All work to be performed by the Franchisee under this section shall be under the
direction , approval and shall pass the inspection of the County Engineer. The
Franchisee shall obtain the requisite permits involved .
Mason County reserves for itself the right at any time upon ninety ( 90 ) days
written notice to the Franchisee , to so change , amend , modify or amplify any of the
provisions or conditions herein enumerated to conform to any state statute or County
regulations , relating to the public welfare , health , safety or highway regulation , as may
hereafter be enacted , adopted or promulgated and this franchise may be terminated at
any time if the Franchisee ' s lines and facilities are not operated or maintained in
accordance with such statute or regulation .
Upon receipt of sixty ( 60 ) days prior written notice , a franchisee , at its own
expense , shall protect , support , temporarily disconnect , relocate , or remove any of its
property when , in the judgment of the County Engineer , the same is required by
reason of traffic conditions , public safety , and/or improvements by governmental
agencies . Nothing herein shall be deemed a taking of the property of a franchisee ,
and franchisee shall be entitled to no surcharge by reason of this section . After receipt
of thirty (30 ) days prior written notice , upon failure of a franchisee to commence ,
pursue , or complete any work required by the provisions of this Ordinance to be
performed on any street , within the reasonable time prescribed and to the satisfaction
of the County , the County may , at its option , cause such work to be done , and a
franchisee shall pay to the County the reasonable cost thereof , within thirty (30 ) days
after receipt of demand .
(e ) Street Vacations . Easments will be reserved for utilities at the time of any
street or road vacations . "
(f) Existing Monuments . Before any work is performed under this franchise
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Mason County se r i nce APPENDIX
which may affect any existing monuments or markers of any nature relating to
subdivisions , plats , roads and all other surveys , the Franchisee shall reference all
such monuments and markers . The reference points shall be so located that they will
not be disturbed during the Franchisee ' s operations under this franchise . The method
of referencing these monuments or other points to be referenced shall be approved by
the County Engineer . The replacement of all such monuments or markers disturbed
during construction shall be made as expeditiously as conditions permit , and as
directed by the County Engineer. The cost of monuments or other markers lost ,
destroyed , or disturbed , and the expense of replacement by approved monuments
shall be borne by the Franchisee .
A complete set of reference notes for monuments and other ties shall be filed with
the office of the Mason County Engineer .
( g ) Whenever any of the County roads , rights -of-way or other County property as
designated in this franchise , by reason of the subsequent incorporation of any town or
city , or extension of the limits of any town or city , shall fall within the city or town limits ,
then this franchise shall terminate in respect to the said roads , rights- of-way or other
County property so included with city or town limits ; but this franchise shall continue in
force and effect to all County roads , rights- of-way or other County property not so
included in city or town limits .
Section M 1 4 : Safety Requirements .
A Franchisee , in accordance with applicable national , state , and local safety
requirements shall , at all times , employ ordinary care and shall install and maintain
and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage , injury , or nuisance to the public . All
structures and all lines , equipment and connections in , over, under , and upon the
Public Rights of Way or places of a Franchise area , wherever situated or located , shall
21
Mason County Master Ordinance APPENDIX A
at all times be kept and maintained in a safe , suitable condition , and in good order
and repair .
The County reserves the general right to see that the system of a Franchisee is
constructed and maintained in a safe condition .
Section 1 : Building Moving .
Whenever any person shall have obtained permission from the County to use any
street for the purpose of moving any building , a franchisee , upon fourteen ( 14.) days
written notice from the County , shall raise or remove , at the expense of the permittee
desiring to move the building , any of a franchisee ' s wires which may obstruct the
removal of such building ; provided , that the moving of such building shall be done in
accordance with regulations and general ordinances of the County . It is further
provided that the person or persons moving such building shall indemnify and save
harmless said franchisee of and from any and all damages or claims of whatsoever
kind or nature caused directly or indirectly for such temporary arrangement of the lines
and poles of a franchisee , and that franchisee shall have the right to require payment
in advance .
Section M 1 6 : Tree Trimming .
Upon prior approval of the County except in the case of emergencies and in
accordance with all County rules , regulations , ordinances , policies and standards ,
Franchisee shall have the authority , at its expense , to trim trees upon and overhanging
Streets , Public Rights of Way and places in the Franchise area so as to prevent the
branches of such trees from coming in contact with the wires and cables of a
Franchisee . A Franchisee shall be responsible for debris removal from such activities .
Section M17w Coverage .
A franchisee shall provide cable television service in the entire franchise area
except that it is not required to furnish cable to those areas having cable television
22
Masonn Master Ordinance
service provided by another franchisee . Recognizing that full coverage does not now
exist , a franchisee shall complete such wiring and be in a position to offer cable
reception to all residents within twelve ( 12 ) months from the grant of the franchise
subject to Section M18 : Extraordinary Installation .
In those areas which are adjacent to an unbuilt area , the franchisee with the
nearest trunk and/or distribution line will be responsible to furnish cable service
subject to the same conditions .
Section M18o Extraordinary Installation
( a ) Drop Line Costs . All residents requesting cable service and living within three
hundred (300 ) feet of existing cable distribution lines shall have the cable installed at
the prevailing published installation rate .
In the event a request is made for service and the residence is more than three
hundred ( 300 ) feet from an existing cable distribution line , such installation shall be
completed on a time and material cost basis for that portion of the service line
extending beyond three hundred (300 ) feet .
( b ) Distribution Line Costs . Cable Service shall be available to all residents
within the County provided there are at least thirty two (32 ) dwelling units per street
mile as measured from the nearest distribution line .
A subscriber who has paid such extra installation charges may request a pro - rata
reimbursement when and if additional installations are made on the same distribution
line . Such subsequent subscriber shall make payment directly to the franchise who
shall , Intern , make a pro - rata refund to the original installee ( s) . Such process will
continue as additional installations are made and the subscribers may have recovered
their extra installation cost .
Section 1 Emergency Overr .i. de
The franchisee shall be in compliance with all federal Emergency Alert System ( AS )
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Mason County Master Ordinance APPENDIX
requirements by no later than the date mandated by FCC Regulations .
Section M20m Interconnection
The County may request a franchisee to interconnect PEG access channels of a
cable television system with any and all other contiguous and compatible cable
systems . Interconnection of system may be accomplished by direct cable connection ,
microwave link , or other technically feasible method .
Interconnection shall immediately initiate negotiations with other affected
system ( s ) , and shall report to the County the results of such negotiations no later than
sixty ( 60 ) days after such initiation .
Franchisee may be granted additional reasonable extensions of time to
interconnect , or the County may rescind its request to interconnect upon petition of a
franchisee , if the County finds that a franchisee has negotiated in good faith and has
failed to obtain approval from the system ( s) of the proposed interconnection , or that the
cost of interconnection would cause an unreasonable financial burden as determined
by the County upon a franchisee and/or its subscribers . The costs of any required
PEG interconnect shall be shared between the participating cable franchisees on a
pro rata basis , proportionate to the number of subscribers served , and may be passed
on through to subscribers pursuant to FCC rules .
Section M 21 : Institutional Networks ( I - Nets )
The County may request that a franchisee provide an institutional network ( kNet) .
(Alternatively , a franchisee may submit a proposal for provisions of modems and
unlimited access , without cost , to the Internet system to accomplish these ends . ) An
entity desiring use of such will provide the Board of Commissioners demonstrated
need of such use .
Prior to implementation of any I - Net service a public hearing shall be convened
y the Commissioners , to discuss the benefits and associated costs of constructing
24
Mason County Master Ordinance APPENDIX
said kNet to the residents of the County . Upon a finding by the Commissioners that an
kNet is reasonably required to meet community needs , taking into consideration the
expense of providing such services and the potential costs to subscribers , the County
may require the implementation of such features in accord with the provisions of this
agreement .
Section Access an Institutional Network Equipment
A franchisee may be required to contribute a sum of moneys for the purchase of , or
augmentation of broadcast equipment for PEG access and I - Net cablecasting . These
expenditures will be pro - rated by the County based upon the number of subscribers to
each system .
SectionPublic Buildings
A franchisee shall furnish a cable outlet and converter , if required , for the
reception of basic service at County buildings without charge including schools
specified in individual franchises . Provided however that this requirement may be
waived by the County if any such location , now or hereafter is not within five hundred
(500 ) feet of any existing cable distribution facilities . For the purposes of this section ,
public housing facilities are not considered County buildings .
Section M24 : Rates .
Prior to implementation of any change in rates or charges for any service or
equipment provided by a franchisee , a franchisee shall provide the County and all
subscribers a minimum of thirty ( 30 ) days prior written notice of such change .
Subject to Federal , State and local law , the County may regulate the approval of
increases of rates or charges for providing cable service and prescribe reasonable
rate approval procedures .
Section M25w Customer Service .
A franchisee shall comply with the customer service requirements of Section 63
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Mason nt Master Ordinance APPENDIX
of the Cable Communications Policy Act of 1934 ( 7 U . S . C . S 552 ) , as amended by
the Cable Television Consumer Protection and Competition Act of 1992 , and all
applicable standards and regulations adopted by the Federal Communications
Commission ( FCC ) pursuant thereto . Such FCC standards are attached as Exhibit " A " .
The County reserves the right to enact or enforce any customer protection law ,
containing more stringent standards , to the extent not specifically preempted by the
FCC in 47 CFR § 7603090
SectionParental Control Devices .
A franchisee will make available at the cost formula provided by the FCC a device
by which the subscriber can prohibit viewing of a particular cable service during
periods selected by that subscriber.
Section m Refunds for Outages .
After notification from a subscriber of an outage , franchisee will credit the
Subscriber' s account if the Subscriber was without service for a period exceeding
twenty-four (24) hours provided franchisee is notified by the Subscriber within thirty
(30 ) days .
Section M28 : Failure to Improve Customer Service .
The County or its designee shall review telephone response and customer service
information with a franchisee . It will be assumed that improvements will be made by a
franchisee in the areas of non - compliance from the last reporting period . Failure to do
so may result in the calling of a public hearing by the County Commissioners for the
purpose of examining the reasons , if any , why such improvements were not achieved
by a franchisee . Further action may be taken in accordance with FCC violation
procedures .
An unsatisfactory record will also result in the hearings being made part of an
exhibit under Section 626(c) ( 1) (A) and ( ) of The Act alleging that such practices
26
Mason ou t aster Ordinance APPENDIX A
have failed to conform with future refranchising requirements as stated therein . In
addition a franchisee ' s Corporate office , in all instances , shall be advised of the
County ' s findings .
Section M29m FranchiseFee .
A franchisee shall pay to the County quarterly , on or before the thirtieth ( 30th ) day
of each January , April , July and October , a percentage of gross revenues as defined
herein for the preceding three months . Such remittances shall be accompanied by
forms furnished by the County to report detailed information as to the sources of such
income .
Section Periodic Meetings .
Upon request , a franchisee shall meet with designated County officials and/or
designated representative ( s) to review the performance of a franchisee for the
preceding period . The subjects may include , but are not limited to , those items
covered in the periodic reports and performance tests .
Section M30w Reports .
The franchisee shall furnish , upon request , a report of its activities as appropriate .
Such report shall include
1 . Most recent annual report .
2 . A copy of the 10 - 1< Report , if required by the Securities and Exchange
Commission .
3 . The number of homes for which cable is available .
4 . The number of Subscribers with basic services .
5 . The number of Subscribers with expanded basic services .
6 . The number of Subscribers with premium services .
7 . The number of Pay - Per-View purchases .
8 . The number of hook- ups in the period .
9 . The number of disconnects in the period .
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Mason unt aster Ord inance APPENDIX A
10 . Total number of miles of cable in the County .
11 . Statistical data that will allow the County to ascertain the number of
complaints received by category , length of time taken to resolve and action
taken to provide resolution .
12 . Copies of all FCC complaint logs .
13 . A statement of its current billing practices , and a sample copy of the bill
format .
14 . A current copy of its Subscriber service contract .
15 . A current copy of its cable rate sheet delivered to Subscribers .
16 . Report on operations - Such other reports with respect to its local operation ,
affairs , transactions or property that may be appropriate .
Section M32a Discounts . A franchisee may offer a discount from the normal
charge for basic services and installation to those individuals age sixty-two (62 ) or
older or disabled who are the legal owner or lessee/tenant of their residence provided
that their combined disposable income from all sources does not exceed the Housing
and Urban Development ( HUD ) standards for the Seattle- Everett area for the
preceding calendar year .
The County or its designee shall be responsible for certifying to a franchisee that
such applicants conform to the specified criteria .
Section M33 : External Franchising Costs .
A franchisee shall have the authority to pass through such external costs as
allowed under 47 CFR 76 . 922 . However , the County reserves the right to review and
approve certain specific features and/or services delineated in a franchise agreement
prior to the implementation of such items and the pass through of any associated costs
pertaining thereto .
Section M34m Cable System Evaluation .
In addition to periodic meetings , the County may require reasonable evaluation
sessions at any time during the term of a Franchise .
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Mason County Master Ord i nance APPENDIX
It is intended that such evaluations cover areas such as customer service ,
response to the community' s cable - related needs , and a franchisee ' s performance
under and compliance with the terms of a Franchise .
Section M35m NonmD11scrimination .
A franchisee shall not deny service , deny access , or otherwise discriminate
against subscribers , PEG channel users , or general citizens on the basis of income ,
race , color, religion , national origin , age or sex . A franchisee shall comply at all times
with all other applicable federal , state , and local laws and regulations , and all
executive and administrative orders relating to nondiscrimination , which are hereby
incorporated in and made a part of this Ordinance by reference .
Section M36o, Equal Employment Opportunities
A franchisee shall strictly adhere to equal employment opportunity requirements
of federal , state , and local laws and regulations in effect on the date of the franchise
grant , and as amended from time to time .
Section M37 . Continuity of Service .
It shall be the right of all subscribers to continue receiving service so long as their
financial and other obligations to a franchisee are fulfilled .
( a) In this regard a franchisee shall act so far as it is within its control to ensure
that all subscribers receive continuous uninterrupted service during the term of the
franchise .
( b ) In the event a franchisee fails to operate a system for seventy-two ( 72 )
continuous and consecutive hours without prior notification to and approval of the
County Board of Commissioners unless there is just cause such as an impossibility to
operate the system because of the occurrence of an act of God or other circumstances
reasonably beyond a franchisee ' s control , the County may , after notice and an
opportunity for a franchisee to commence operations at its option , operate the system
29
Mason ou t aster Ordi nance APPENDIX A
or designate someone to operate the system until such time as a franchisee restores
service to conditions acceptable to the Commissioners or a replacement franchisee is
selected . If the County is required to fulfill this obligation for a franchisee , a franchisee
shall reimburse the County for all reasonable costs or damages in excess of revenues
from the system received by the County that are the result of a franchisee ' s failure to
perform .
Section M38u Franchise Renewal .
The provisions of Section 626 of The Act or other applicable Federal or State law
will govern the actions of the County and a franchisee in proceedings relating to
franchise renewal . The County expressly reserves the right to establish guidelines
and monitoring systems in accordance with the provisions of The Act to measure the
effectiveness of a franchisee ' s performance during the term of such franchise .
Section M39z Transfer of Ownerahip.
All the provisions , conditions , regulations and requirements herein contained
shall be binding upon the successors and assigns of the Franchisee , and all
privileges , as well as all obligations and liability of the Franchisee , shall ensure to its
successors and assigns equally as if they were specifically mentioned wherever the
Franchisee is mentioned .
The Franchisee , its successors and assigns shall not sell , transfer or assign this
franchise without first securing the written permission to do so of the Board of County
Commissioners of Mason County .
A Franchise shall not be sold , transferred , leased , assigned , or disposed of in whole or
in part either by sale , voluntary or involuntary merger, consolidation or otherwise ,
unless written approval is granted by the Board of County Commissioners to ensure a
review of unforeseen circumstances not present at the time of the original Franchise .
The County ' s approval shall not be unreasonably withheld . Such costs associated
30
Mason n aster Ordinance APPENDIX
with this review process shall be reimbursed to the County by a new prospective
Franchisee . This proceeding shall be in conformance with the Federal
Communications Commission ( FCC ) Regulation 394 Application for Franchise
Authority Consent to Assignment or Transfer of Control of Cable Television Franchise ,
which will govern the rights of the parties and establish time limitations for responses .
An assignment of a Franchise shall be deemed to occur if there is an actual
change in control or where ownership of fifty percent ( 50 % ) or more of the beneficial
interests , singly or collectively , are obtained by other parties . The word " control " as
used herein is not limited to majority stock ownership only , but includes actual working
control in whatever manner exercised .
A Franchisee shall promptly notify the County prior to any proposed change in , or
transfer of, or acquisition by any other party of control of a Franchisee ' s company .
Every change , transfer , or acquisition of control of a Franchisee ' s company shall cause
a review of the proposed transfer. In the event that the County adopts a resolution
denying its consent and such change , transfer or acquisition of control has been
effected , the County may cancel the Franchise . Approval shall not be required for
mortgaging purposes or if said transfer is from a Franchisee to another person or entity
controlling , controlled by , or under common control with a Franchisee .
If, in accordance with FCC 394 guidelines , the County adopts a resolution
denying its consent , such changes , transfers or acquisition of control shall be deemed
not to have been consummated . A Franchisee may take such legally allowable
actions following such refusal to accept such transfer .
The County shall be reimbursed for its out-of- pocket costs associated with its
review of a Franchisee ' s request . Such costs will not exceed in constant dollars those
incurred during the original franchising or refranchising process .
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Mason County Master Ordinance APPENDIX
e i Record Inspection
( a) Retention Periods . A franchisee shall establish , keep , and maintain books ,
accounts , papers , maps , and other records as is reasonably necessary to ensure
compliance with the terms of this Ordinance and its franchise . Such records shall
include , but shall not be limited to , any public records required to be kept by a
franchisee pursuant to the rules and regulations of the FCC , and shall be maintained
for a period in accordance with the following schedule :
( 1 ) Over Term of Franchise : Ordinance , amendments to the Ordinance ,
Ordinance applications and related . materials , construction maps , documents
filed or presented to the County or County Commissioners , and records
relating to bonds or other security ;
( 2 ) Seven ( 7 ). Years : Financial information , including , but not limited to , annual
reports of a franchisee , franchise fee reports , records of gross receipts ,
receipts , and income , and
( 3 ) Three (33 ) Years : All other records required under this Ordinance unless
otherwise specified .
( b ) Inspection of Records . A franchisee shall agree that the County , upon
reasonable notice to a franchisee , may review such of its books and records at a
franchisee ' s business office , during normal business hours and on a nondisruptive
basis , to ensure compliance with the terms of this Ordinance and its franchise .
Notwithstanding anything to the contrary set forth herein , a franchisee shall not be
required to disclose information which is reasonably deems to be proprietary or
confidential in nature . The County agrees to treat any information disclosed by a
franchisee as confidential and only to disclose it to employees , representatives , and
agents thereof that have a need to know , or in order to enforce the provisions hereof .
A franchisee shall not be required to provide Subscriber information in violation of
32
Mason County Master Ordinance APPENDIX
Section 631 of the Cable Act .
If any such books or records are not kept in the local office , or if on reasonable
request , are not made available to County inspection within the County , and if the
County shall reasonably determine that an examination of such records is necessary
or appropriate to the performance of the County ' s responsibilities hereunder , then all
reasonable travel and subsistence expense necessarily incurred in making such an
examination by the County shall be paid by a franchisee , provided that such
inspections do not occur any more frequently then once every three years .
(c) Confidentiality . County shall maintain the confidentiality of any trade secrets
or other proprietary information of a franchisee in the possession of the County , and
further , records shall be exempt from public inspection pursuant to this section to the
extent such records are made except from public disclosure by state or federal statute
and to the extent such records are protected by state or federal statute against
discovery in civil litigation .
Section M41 : Rights Reserved to the County
The County of Mason , in granting this franchise , does not waive any rights which
it now has or may hereafter acquire with respect to County roads , rights - of-way or
other County property and this franchise shall not be construed to deprive the County
of any powers , rights or privileges which it now has or may hereafter acquire to
regulate the use of and to control the County roads , rights- of-way and other County
property covered by this franchise .
The rights reserved to the County set forth below are in addition to all other rights
of the County , whether reserved herein or otherwise authorized by law , and no action ,
proceeding , or exercise of a right shall affect any other rights which may be held by the
County except as expressly otherwise stated in the franchise . Franchisee , by
acceptance of the Ordinance , agrees to be bound thereby and to comply with any
33
Mason my Master Ordinance APPENDIX A
action or requirement of the County in its exercise of any such right or power .
(a) Delegation of Authority . The County may exercise or delegate its regulatory
power to a subordinate body of its officers , employees , agencies , committees , or
departments to insure the proper implementation of this Ordinance .
( b) Establishment of New Requirements . The County may establish additional
requirements for new franchises or franchise renewals , and may modify requirements
from time to time to reflect changing conditions and the industry standards .
(c) County Inspections . The County shall have the right to inspect all cable
television system construction or installation ; and to make such tests as it shall find
necessary to ensure compliance with the terms of the Ordinance and other applicable
provisions of law . Inspections will not unreasonably disrupt a franchisee ' s operations
or conduct of its business .
( d ) Intervention by County . The County shall have the right of intervention , at its
own cost , in any suit or proceeding involving a cable system or franchise to which a
County franchisee is a party .
( e) Street Improvements . The County reserves the right to improve any street ,
or other public place , or other portions thereof , over and within which the Ordinance is
granted , including the widening , change of grade , change of alignment , construction
or reconstruction of such street , or any portion thereof , and the County further reserves
the right to construct , or reconstruct , install , repair and maintain any such street , or
other public places , or any portions thereof .
Section M42w Effect of Termination for Non-Compliance .
Subject to State and Federal law , if any franchise is terminated by the County by
reason of a franchisee ' s non - compliance , may exercise its rights under Section 626 ( b )
of the Act a franchisee shall , upon order of the County Commissioners , remove the
system as required under Section M44 : Removal & Abandonment of Property of
34
Mason County Master Ordinance APPENDIX
Franchisee of this Ordinance .
Section Termination of Subscriber Services
Upon termination of any subscriber, a franchisee shall promptly remove all of its
facilities and equipment , excepting drop cable and internal wiring , from the premises
of such subscriber upon subscriber' s request , except as provided in subsection ( b ) ,
below .
(a) Charges Upon Failure to Recover Equipment . Upon termination of services ,
should a franchisee not promptly collect its equipment from the premises of the
subscriber within five ( 5 ) working days , the subscriber shall not be charged for
continued services , nor for failure to return any equipment , provided the equipment is
returned .
( b ) Equipment Returns . Should a franchisee require the subscriber to return the
equipment , a franchisee shall establish convenient hours including evening and
weekend hours , for return of the equipment , and the subscriber shall have a
reasonable length of time in which to return the equipment . The subscriber shall be
advised of the date by which the equipment must be returned before a charge may be
imposed for failure to return equipment .
Section M44 : Removal & Abandonment of Property of Franchisee .
The County may direct a Franchisee to temporarily disconnect or bypass any
equipment of a Franchisee in order to complete street construction or modification ,
install and remove underground utilities , or for other reasons of public safety and
efficient operation of the County . Such removal , relocation or other requirement shall
be at the sole expense of a franchisee .
In the event that the use of any part of the cable system is discontinued for any
reason for a continuous period of twelve ( 12 ) months , or in the event such system or
property has been installed in any street or public place without complying with the
35
Mason County Master Ordinance APPENDIX
requirements of the Franchise or other County ordinances or the Franchise has been
terminated , canceled or has expired , a franchisee , upon being given ten ( 10) days '
written notice , shall remove within ninety ( 90 ) days from the streets or 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 , a franchisee shall promptly
restore the street or other areas from which such property has been removed to a
condition similar to that existing before such removal and satisfactory to the County .
Such approval shall not be unduly withheld .
Any property of a franchisee remaining in place ninety ( 90) days after the
termination or expiration of the franchise shall be considered permanently abandoned .
The County may extend such time not to exceed an additional ninety (90) days .
However , in the event of an appeal being filed , calculation of the first ninety (90 ) day
period shall not begin to accrue until after the final adjudication of such an appeal .
Any property of a franchisee to be abandoned in place shall be abandoned in
such manner as the County shall prescribe . Upon permanent abandonment of the
property of a franchisee in place , the property shall become that of the County , and a
franchisee shall submit to the Clerk of the Board an instrument in writing , to be
approved by the Prosecuting Attorney' s Office , transferring to the County the
ownership of such property . None of the foregoing affects or limits franchisee ' s rights
to compensation for an involuntary abandonment of its property under State , or
Federal law . In the event the County and a franchisee are unable to agree as to
whether an abandonment is voluntary for the purposes of this Section either party may
invoke arbitration to resolve such question .
Section n lie .
The County shall notify a franchisee in writing stating the nature of a perceived
deficiency in the operation of the cable system and setting forth the time a franchisee
36
CountyMason aster Ordinance APPENDIX
will be allowed to rectify such alleged improper condition , which shall be reasonable
and no less than thirty ( 30 ) days . A franchisee may request an extension of time in
certain circumstances : for instance , if construction is suspended or delayed by the
County , or if unusual weather , acts of God (e . g . earthquakes , floods , etc . ) ,
extraordinary acts of third parties , or other circumstances which are reasonably
beyond the control of a franchisee , delay corrective action . In such circumstances , the
additional amount of time allowed will be reasonably determined by the County and a
franchisee .
Failure of a franchisee to correct these deficiencies , except in those circumstances
cited above , may result in the County calling a hearing to determine if penalties should
be imposed upon a franchisee or if a material violation of the franchise has occurred .
If , following such hearing , it is determined by the County Board of Commissioners
that a franchisee has failed to comply with the terms of the Franchise , penalties of up
to $200 . 00 (Two Hundred Dollars ) per day or per instance ( depending on the
violation ) may be imposed at any time after the notice and opportunity to cure period
has expired .
Monetary penalties may be assessed retroactive to the date that notification was
provided to a franchisee in such cases where a franchisee has been non - responsive
in correcting the situation or in the case of flagrant violations .
If payment of any of these penalties is delinquent by three (3) months or more , the
County may require partial or total forfeiture of performance bond or other surety .
Section M4 Revocation for Cause .
If a franchisee shall willfully violate , or fail to comply with any of the provisions of
this franchise through willful or unreasonable neglect or fail to heed or comply with any
notice given a franchisee under the provision of this grant , then the said franchisee
shall forfeit all rights conferred hereunder and this franchise may be revoked by the
37
Mason aster Ordinance APPENDIX
Board of County Commissioners .
Any franchise granted by the County may be terminated during the period of such
franchise for failure by an Franchisee to comply with the material provisions of this
Ordinance and/or the Franchise .
The procedure to be followed resulting in termination unless by Franchisee ' s
request , shall be .
( a ) The County shall provide Franchisee with a detailed written notice of such
violation . Within 30 days thereafter , Franchisee shall respond demonstrating
that no violation occurred , that any problem has been corrected , or with a
proposal to correct the problem within a reasonable period of time specified
by the Board of County Commissioners .
( b ) If said response is not satisfactory to County , County may declare an
Franchisee in default , with written notice to Franchisee . Within ten ( 10 )
business days after notice to Franchisee , Franchisee may deliver to County a
request for a hearing before the Board of County Commissioners . If no such
request is received , County may declare the franchise terminated for cause .
(c) If the Franchisee timely requests a hearing , such hearing shall be held within
thirty (30 ) days after County ' s receipt of the request therefor . Such hearing
shall be open to the public and Franchisee and other interested parties may
offer written and/or oral evidence explaining or mitigating such alleged non -
compliance . Within ten ( 10 ) days after the hearing , the Board of County
Commissioners , on the basis of the entire record , will make the determination
as to whether there is cause for termination and whether the franchise will be
terminated . The Board of County Commissioners may in its sole discretion fix
an additional time period to cure violations . If the deficiency has not been
cured at the expiration of any additional time period or if the Board of
38
Mason County a ter Ordinance APPENDIX
Commissioners does not grant any additional period , the Board of County
Commissioners may by order declare the franchise to be terminated and
forfeited .
( d ) If the Franchisee appeals revocation , such revocation shall be held in
abeyance pending judicial review by a court of competent jurisdiction ,
provided an Franchisee is otherwise in compliance with the Franchise .
( e ) Nothing contained in the above subsections of this Section shall prevent the
issuance of a new franchise containing terms substantially the same or
identical to a franchise which previously was revoked , upon satisfactory
assurances made to the Board of County Commissioners that the terms and
conditions of this Ordinance can be met by the new Franchisee .
Section . Indemnification old Harmless .
The franchisee does hereby agree to protect and save harmless the County of
Mason from all claims , actions or damages of every kind and description which may
occur to or be suffered by any person or persons , corporation or property by reason of
the construction , operation and maintenance of the franchisee ' s said cable television
lines and facilities . In case that suit or action is brought against the County of Mason
for damages arising out of or by reason of the above - mentioned causes , the
Franchisee will , upon notice to him of the commencement of said action , defend the
same at their sole cost and expense .
Acceptance by the County of any work performed by the Franchisee at the time of
completion shall not be a grounds for avoidance of this covenant .
Notwithstanding the above , the County agrees to defend , indemnify , save and
hold harmless the Franchisee , its directors , officers , shareholders , and employees
against any and all claims , costs and liability for damages , injury or death arising from
or connected with the County ' s use of the Franchisee ' s cable communications system
39
Mason County Master Ordinance APPENDIX A
due to or claimed to be due to or alleged to be due to negligent or wrongful acts , errors
or omissions of the County , its officers , employees , contractors , agents or any person
under its direction or control , save and except claims or litigation ' s arising through the
franchisee ' s sole negligence or sole willful misconduct , and will defend any such suits
at the sole cost and expense of the County , and failing to do so will make good to and
reimburse the Franchisee for any expenditures , including reasonable attorney' s fees ,
the Franchisee may make by reason of such matters . As used in this section , the term
use shall refer only to physical use of the Franchisee ' s cable communications
system , such as cablecasting of PEG programming , the use of Franchisee poles and
aerial and underground structures and the activation of the emergency alert override .
Section ® Insurance .
A Franchisee shall furnish the County with a certified copy or original of a
comprehensive liability insurance policy naming the County as an additional insured .
The amount of such policy shall be as deemed appropriate by the County . Such
insurance must be in place no later than the date of acceptance of a Franchise by a
Franchisee . This insurance shall be maintained in full force at the Franchisee ' s
expense throughout the period of the Franchise . The County may delineate more
specific details concerning such insurance prior to the award of a given Franchise .
Section M49 : Performance Bones .
A Franchisee shall promptly repair or, cause to be repaired any damage to County
property caused by a Franchisee or any agent of a Franchisee . A Franchisee shall
comply with all present and future ordinances and regulations regarding excavation or
construction and , if deemed necessary by the County , shall be required to post a
performance bond or other surety acceptable to the County in an amount specified by
the County in favor of the County warranting that all restoration work will be done
promptly and in a workmanlike manner and that penalties , if any , after final adjudication
40
Mason County Master Ordinance APPENDIX
are paid to the County within ninety ( 90 ) days of such finding .
Section M50a Recourse Against Bondsand Other SecurRy
Bonds and other security may be utilized by the County for the purposes ,
including , but not limited to , reimbursement of the County by reason of a franchisee ' s
failure to pay the County any sums due under the terms of this Ordinance or the
franchise , reimbursement of the County for reasonable costs borne by the County to
correct franchise violations not corrected by a franchisee after due notice ; and
monetary remedies or damages assessed against a franchisee due to default or
violations of the franchise requirements or this Ordinance .
( a) Recourse . In the event franchisee has been declared to be in default by the
County under Section M46 : Revocation For Cause , and if a franchisee fails , within
thirty (30) days of mailing of the County ' s finding , to pay the County any franchise fee ,
penalties , or monetary sanctions , or fails to perform any of the conditions of the
franchise , the County may thereafter foreclose against the performance bond and/or
withdraw from any other security an amount sufficient to compensate the County ' s
damages , with interest at the legal rate . Upon such foreclosure or withdrawal , the
County shall notify a franchisee in writing , by First Class Mail , postage prepaid , of the
amount and date thereof .
( b ) Restoration . Within thirty (30) days after mailing notice to a franchisee that the
County has foreclosed franchisee ' s performance bond or that any amount has been
withdrawn by the County from the other security pursuant to subsection ( a) above , a
franchisee shall deposit such further bond or sum of money , or other security , as the
County may require , sufficient to meet the requirements of this Ordinance .
(c) Rights of the County . The rights reserved to the County with respect to any
bond or security 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
41
Masonnty Master Ordinance APPENDIX
with respect to any bond or other security shall constitute an election or waiver of any
rights or other remedies the County may have .
Section M51a. Equalization of Civic Contributi ons
As existing franchises are renewed or additional granted , the County may require
that subsequent franchisees pay to the County an amount proportional to the costs in
constant dollars contributed by any preceding franchisees . These costs may include
but are not limited to such features as access and institutional network costs , bi -
directional or equivalent cable installed to municipal buildings and similar expenses .
On the anniversary of the grant of each later awarded franchise , such franchisees
shall pay to the County an amount proportional to the amount contributed by the
original franchisee , based upon the amount of subscribers held by such franchisees .
Additional franchisees shall provide all PEG access channel ( s ) currently
available to the subscribers of existing franchisees . In order to provide these access
channels , additional franchisees may interconnect , at their cost , with existing
franchisees , subject to any reasonable terms and conditions that the existing
franchisee providing the interconnection may require . These interconnection
agreements shall be made directly between the franchisees , but the County may be
called upon to arbitrate any dispute regarding these arrangements .
Section M52 : Inconsistency .
If any portion of this Ordinance should be inconsistent or conflict with any rule or
regulation now or hereafter adopted by the FCC or other federal or state law and it is
determined by the County Attorney that such FCC rule , or federal or state law
preempts this Ordinance , then to the extent of the inconsistency or conflict , the rule or
regulation of the FCC , federal or state law shall control for so long , but only for so long ,
as such rule , regulation , or law shall remain in effect ; provided the remaining
provisions of this Ordinance shall not be effected thereby .
Section yr ility .
If any section , sentence , clause , or phrase of this Ordinance should be held to be
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CountyMason a ter Ord inance APPENDIX A
invalid or unconstitutional by a court of competent jurisdiction , such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section ,
sentence , clause or phrase of this ordinance .
Section M54s Effect of Change in Law .
In the event that state or federal laws , rules or regulations preempt a provision or
limit the enforceability of a provision of this Ordinance , then the provision shall be read
to be preempted to the extent and for the time , but only to the extent and for the time
required by law . In the event such state or federal law , rule or regulation is
subsequently repealed , rescinded , amended , voided or otherwise changed , so that
the provision hereof that had been preempted is no longer preempted , such provision
shall thereupon return to full force and effect and shall thereafter be binding on the
parties hereto , without the requirement of further action on the part of either party .
Section M55w Independent Contractors .
This agreement shall not be construed to provide that the Franchisee is the agent
or legal representative of the County for any purpose whatsoever. The Franchisee is
not granted any express or implied right or authority to assume or create any
obligation or responsibility on behalf of or in the name of the County or to bind the
County in any manner or thing whatsoever .
Section M56 : Entire Ordinance .
This ordinance , including the Franchise Cable Ordinance and exhibits that are
attached hereto and incorporated herein by reference represents all of the covenants ,
promises , agreements , and conditions , both oral and written , between the parties .
However , the County reserves the right to waive any of these sections without affecting
the applicability of other sections not so specifically waived . Waiver of any Franchise
requirement or Ordinance Sections by the County shall be in writing in order to be
effective .
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Mason County Master r i nce APPENDIX
Section ccessors orAssigns .
This Ordinance and the subsequent Franchise Agreement including all addenda ,
shall be binding to the Franchisee , its heirs , successors , and assigns .
Section ® Force Maleure.
Prevention or delay of any performance under this ordinance due to
circumstances beyond the Franchisee ' s control or acts of God shall not be deemed
noncompliance or a violation of this Agreement .
Section M59m Ratification .
Any act consistent with the authority and prior to the effective date of this
Ordinance is hereby ratified and affirmed .
Section M60m. Effective Date .
This Ordinance shall take effect and be in full force thirty (30 ) days after its
passage , according to law .
PASSED by the Mason County Board of County Commissioners this Dal
_ _ __
day of , 1999 _
u
MASON boUN Y
-- -- U ---- - - == — - -- —=-- --
County C missioner
b
nt C mis ' o r � o'
unt Commissioner
ATTEST : --- _ — T
— — — — —COUNTY CLERK
APPROVED AS TO FORM : I� _ i '�
PROSECUTING ATTORNEY
44
EXHIBIT
FCC Customer Service Standards
Title 47 CFR, Part 76 (Cable Television Service) , Subpart H (General (C) The "appointment window" alternatives for installations, service
Operating Requirements) is amended as follows: calls, and other installation activities will be either a specific time or, at
maximum , a four-hour time block during normal business hours. (The
1 . The authority citation for Part 76 is revised to read as follows: operator may schedule service calls and other installation activities
outside of normal business hours for the express convenience of the
AUTHORITY: Secs , 2 , 31 41 301 , 303, 307, 308 , 309, 48 Stat. , as customer. )
amended , 1064, 1065, 1066 , 1081 , 1082 , 1083, 1084, 1085 , 1101 ; 47
U . S. C . Secs, 152, 153, 154, 301 , 303, 307 , 308 309; Secs, 612 , 614-6157 (D) An operator may not cancel an appointment with a customer
623, 632 as amended , 106 Stat, 1460; 47 U .S . C . Secs . 532, 533, 535 , after the close of business on the business day prior to the scheduled
543, 552 . appointment.
2 . Section 76 .309 will be added to the Commission 's Rules and will read (E) If a cable operator representative is running late for an
as follows : appointment with a customer and will not be able to keep the appointment
as scheduled , the customer will be contacted . The appointment will be
Section 76. 309 Customer Service Obligations rescheduled , as necessary, at a time which is convenient for the
customer.
(a) A cable franchise authority may enforce the customer service
standards set forth in section (c) of this rule against cable operators. The (3) Communications between cable operators and cable
franchise authority must provide affected cable operators ninety (90) days subscribers-
written notice of its intent to enforce the standards .
(b) Nothing in this rule should be construed to prevent or prohibit: (A) Notifications to subscribers-
(1 ) The cable operator shall provide written information on each of
(1 ) a franchising authority and a cable operator from agreeing to the following areas at the time of installation of service, at least annually
customer service requirements that exceed the standards set forth in to all subscribers, and at any time upon request:
section (c) of this rule;
(2) a franchising authority from enforcing , through the end of the (i) products and services offered ;
franchise term , pre-existing customer service requirements that exceed (ii) prices and options for programming and conditions of
the standards set forth in section (c) of this rule and are contained in subscription to programming and other services;
current franchise agreements ;
(3) any State or any franchising authority from enacting or (iii) installation and service maintenance policies;
enforcing any consumer protection law, to the extent not specifically (iv) instructions on how to use the cable service ;
preempted herein; or
(4) the establishment or enforcement of any State or municipal law (v) channel positions of programming carried on the system; and,
or regulation concerning customer service that imposes customer service (vi) billing and complaint procedures , including the address and
requirements that exceed , or address matters not addressed by, the telephone number of the local franchise authority's cable office .
standards set forth in section (c) of this rule.
(2) Customers will be notified of any changes in rates ,
(c) Effective July 1 , 1993 , a cable operator shall be subject to the programming services or channel positions as soon as possible through
following customer service standards : announcements on the cable system and in writing . Notice must be given
to subscribers a minimum of thirty (30) days in advance of such changes
( 1 ) Cable system office hours and telephone availability- if the change is within the control of the cable operator. In addition , the
cable operator shall notify subscribers thirty (30) days in advance of any
(A) The cable operator will maintain a local , toll-free or collect call significant changes in the other information required by the preceding
telephone access line which will be available to its subscribers 24 hours paragraph .
a day, seven days a week.
(i) Trained company representatives will be available to respond to (B) Billing-
customer telephone inquiries during normal business hours . (i) Bills will be clear, concise and understandable . Bills must be
fully itemized , with itemizations including , but not limited to, basic and
(ii) After normal business hours , the access line may be answered premium service charges and equipment charges. Bills will also clearly
by a service or an automated response system , including an answering delineate all activity during the billing period, including optional charges ,
machine . Inquiries received after normal business hours must be rebates and credits ,
responded to by a trained company representative on the next business
day. (ii) In case of a billing dispute, the cable operator must respond to
(B) Under normal operating conditions, telephone answer time b a a written complaint from a subscriber within thirty (30) days .
customer representative, including wait time, shall not exceed thirty 30) (C) Refunds- Refund checks will be issued promptly, but no later
seconds when the connection is made. If the call needs to be transferred, than either-
transfer time shall not exceed thirty (30) seconds . These standards shall
be met no less than ninety (90) percent of the time under normal operating (1) the customer's next billing cycle following resolution of the
conditions, measured on a quarterly basis , request or thirty (30) days, whichever is earlier, or
(C) The operator will not be required to acquire equipment or (ii) the return of the equipment supplied by the cable operator if
perform surveys to measure compliance with the telephone answering service is terminated ,
standards above unless an historical record of complaints indicates a
clear failure to comply. (D) Credits- Credits for service will be issued no later than the
customer's next billing cycle following the determination that a credit is
( D) Under normal operating conditions, the customer will receive a warranted.
busy signal less than three (3) percent of the time .
(4) Definitions-
(E) Customer service center and bill payment locations will be
open at least during normal business hours and will be conveniently (A) Normal Business Hours- The term "normal business hours "
located , means those hours during which most similar businesses in the
community are open to serve customers. In all cases, "normal business
(2) Installations , outages and service calls- Under normal hours" must include some evening hours at least one night per week
operating conditions , each of the following four standards will be met no and/or some weekend hours,
less than ninety five (95) percent of the time measured on a quarterly
basis : (B) Normal Operating Conditions- The term "normal operating
conditions" means those service conditions which are within the control of
(A) Standard installations will be performed within seven (7) the cable operator. Those conditions which are not within the control of
business days after an order has been placed . " Standard" installations ar the cable operator include , but are not limited to, natural disasters, civil
those that are located up to 125 feet from the existing distribution system. disturbances , power outages , telephone network outages, and severe or
unusual weather conditions . Those conditions which are ordinarily within
(B) Excluding conditions beyond the control of the operator, the the control of the cable operator include , but are not limited to, special
cable operator will begin working on " service interruptions" promptly and in promotions , pay-per-view events, rate increases, regular peak or seasonal
no event later than 24 hours after the interruption becomes known . The demand periods, and maintenance or upgrade of the cable system .
cable operator must begin actions to correct other service problems the
next business day after notification of the service problem . (C) Service Interruption- The term "service interruption" means the
loss of pictures or sound on one or more cable channels .