HomeMy WebLinkAbout2010-016ORDINANCE NO. 2010-016
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING
ARLINGTON MUNICIPAL CODE TITLE 21 RELATING TO CABLE SERVICES
REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
the City's cable services regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. A new Title 21 is hereby added to the Arlington Municipal Code, as
follows:
Title 21.
CABLE SYSTEMS REGULATIONS
Sections:
21.04.010 Short Title.
21.04.020 Definitions.
21.04.030 Franchise Grant.
21.04.040 Franchise Purposes.
21.04.050 Nonexclusive Franchise.
21.04.060 Application.
21.04.070 Duration.
21.04.080 Police Powers.
21.04.090 Use of Rights -of -Way.
21.04.100 Pole or Conduit Agreements.
21.04.110 Franchise Fees.
21.04.120 Taxes.
21.04.130 Customer Service Standards.
21.04.140 Other Authorizations.
21.04.150 Rules and Regulations of the City.
21.04.160 Delegation of Powers.
21.04.170 Technical Standards.
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21.04.180 Construction Standards.
21.04.190 Street Cut or Repair.
21.04.200 Safety Requirements.
21.04.210 Regulation of Rates and Charges.
21.04.220 PrivacyLaws.
aws.
21.04.230 Discriminatory Practices Prohibited.
21.04.240 Equal Employment Opportuni!y.
21.04.250 Reimbursement.
21.04.260 Special Rate Discounts.
21.04.270 Franchise Renewal.
21.04.280 Franchise Revocation.
21.04.290 Effective Date of Franchise.
21.04.300 Miscellaneous Provisions.
21.04.310 Severability.
21.04.010 Short Title.
This chapter shall constitute the "cable system regulations" of the City of Arlington and may be
referred to as such.
21.04.020 Definitions.
(a) For the purposes of this chapter, the following words, terms, phrases and their derivations
have the meanings given herein. Words otherwise not defined shall be given their
common and ordinary meaning. The word "shall" is always mandatory and not merely
directory.
(b) Definitions:
1. "Applicant" means any person or entity that applies for an initial franchise.
2. "Cable Act" means the Cable Communications Policy Act of 1984 as amended by the
Cable Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996, and as any of them may be amended.
3. "Cable operator" means any person or group of persons, including a franchisee,
which provide(s) cable service over a cable system and directly or through one or
more affiliates owns a significant interest in such cable system or who otherwise
control(s) or is (are) responsible for, through any arrangement, the management and
operation of such a cable system.
4. "Cable service" means the one-way transmission to subscribers of video
programming or other programming service, and subscriber interaction, if any, which
is required for the selection or use of such video programming or other programming
service.
5. "Cable system" or "system" means any facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming and
which is provided to multiple subscribers within a community, but such term does not
include (a) a facility that serves only to retransmit the television signals of one or
more television broadcast stations; (b) a facility that serves subscribers without using
any public right-of-way; (c) a facility of a common carrier which is subject, in whole
ORDINANCE NO. 2010-016 2
or in part, to the provisions of Title I1 of the Federal Communications Act (47 U.S.C.
201 et seq.), except that such facility shall be considered a cable system (other than
for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in
the transmission of video programming directly to subscribers, unless the extent of
such use is solely to provide interactive on -demand services; (d) an open video
system that complies with federal statutes; or (e) any facilities of any electric utility
used solely for operating its electric utility systems.
6. "City" means the City of Arlington, a municipal corporation of the state of
Washington, and all of the area within its boundaries, as such may change from time
to time.
7. "City Council" means the Arlington City Council, or its successor, the governing
body of the City.
8. "Customer" means any person who or which elects to subscribe to, for any purpose,
cable service provided by a franchise by means of or in connection with the cable
system, and whose premises are physically wired and lawfully activated to receive
cable service from a franchisee's cable system.
9. "Customer service standards" means those customer service standards adopted by the
City Council applicable to cable operators.
10. "FCC" means the Federal Communications Commission.
11. "Franchise" means an agreement/permit that authorizes a person or entity to
construct, operate, maintain or reconstruct a cable system. Upon the written
acceptance by a franchisee, the agreement constitutes a contract between the City and
franchisee.
12. "Franchise area" means the area within the jurisdictional boundaries of the City to be
served by a franchisee, including any areas annexed by the City during the term of a
franchise.
13. "Franchisee" means the person, firm, corporation or entity to whom or which a
franchise, as hereinabove defined, is granted by the City Council under this chapter
and the lawful successor, transferee or assignee of said person, firm, corporation or
entity.
14. "Normal Operating Conditions" shall mean those service conditions that are within
the control of the cable operator. Those conditions that are not within the control of
the cable operator include, but are not limited to, natural disasters, civil disturbances,
power outages, and severe or unusual weather conditions. Those conditions that are
ordinarily within the control of the cable operator include, but are not limited to,
special promotions, pay -per -view events, rate increases, regular peak or seasonal peak
demand periods, and maintenance or upgrade of the cable system.
15. "Right-of-way" or "Rights -of -Way" means all of the following which have been
dedicated to the public or are hereafter dedicated to the public and maintained under
public authority or by others and are located within the City: streets, roadways,
highways, avenues, lanes, alleys, bridges, sidewalks, easements and similar public
property and areas.
16. "Service Interruption" shall mean the loss of picture or sound on one or more cable
channels.
17. "Subscriber" means any person who or which elects to subscribe to, for any purpose,
cable service provided by a franchisee by means of or in connection with the cable
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system and whose premises are physically wired and lawfully activated to receive
cable service from franchisee's cable system.
21.04.030 Franchise Grant.
It is unlawful to engage in or commence construction, operation, or maintenance of a cable
system in the City without a franchise issued under this chapter. The City Council may, by
ordinance, issue a nonexclusive franchise to construct, operate and maintain a cable system
within all or any portion of the City to any person or entity, whether operating under an existing
franchise or not, who applies for authority to furnish cable service which complies with the terms
and conditions of this chapter, provided that such person or entity also agrees to comply with all
of the provisions of the customer service standards and the franchise. However, this shall not be
deemed to require the grant of a franchise to any particular person or entity. The City Council
may restrict the number of franchisees should it determine such a restriction would be in the
public interest.
21.04.040 Franchise Purposes.
A franchise granted by the City under the provisions of this chapter shall:
(a) Permit the franchisee to engage in the business of operating a cable system and providing
cable service within the City;
(b) Permit the franchisee to erect, install, construct, repair, reconstruct, replace and retain wires,
cables, related electronic equipment, conduits and other property in connection with the
operation of the cable system in, on, over, under, upon, along and across rights -of -way within
the City; and
(c) Set forth the obligations of the franchisee under the franchise.
21.04.050 Nonexclusive Franchise.
Any franchise granted pursuant to this chapter shall be nonexclusive and not preclude the City
from granting other or future franchise or permits.
21.04.060 Application.
(a) An applicant for an initial franchise shall submit to the City a written application in a
format provided by the City, at the time and place specified by the City for accepting
applications, and accompanied by the designated application fee. An application fee as
set forth in the adopted fee resolution shall accompany the application to cover costs
associated with processing the application, including, without limitation, costs of
administrative review, financial, legal and technical evaluation of the applicant, the costs
of consultants, notice and publication requirements, and document preparation expenses.
(b) Application — Contents. An application for an initial franchise for a cable system shall
contain, at a minimum:
1. A statement as to the proposed franchise and information relating to the
characteristics and location of the proposed system;
2. A resume of prior history of the applicant, including the expertise of the applicant in
the cable system field;
3. Information demonstrating the applicant's legal, technical and financial ability to
construct and operate the proposed system;
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4. A list of the partners, general and limited, of the applicant, if a partnership; members,
if a limited liability company; or the percentage of stock owned or controlled by each
stockholder having a five percent or greater interest, if a corporation;
5. A list of officers, directors and key employees of the applicant, together with a
description of the background of all such persons;
6. The names and addresses of any parent entity or subsidiary of the applicant or any
other business entity owning or controlling the applicant in whole or in part, or owned
or controlled in whole or in part by the applicant;
7. A proposed construction and service schedule;
8. Any other reasonable information that the City may request.
(c) The City shall be allowed the opportunity to ask relevant follow-up questions and obtain
further information from any source. A refusal by an applicant to cooperate or provide
requested information is sufficient grounds for the City to deny an application.
(d) Consideration of Initial Franchise. Upon receipt of an application for an initial franchise
and after obtaining any additional information the City in its sole discretion deems
appropriate from any source, a hearing shall be scheduled to allow public comment. At
the hearing, the City Council shall receive public comment regarding the following:
I. Public Benefit. Whether the public will benefit from granting a franchise to the
applicant;
2. Qualifications. Whether the applicant appears to have adequate legal, financial and
technical qualifications and capabilities to build, operate and maintain a cable system
in the City;
3. No Conflicting Interests. Whether the applicant has any conflicting interests, either
financial or commercial, that will be contrary to the interests of the City;
4. Compliance with the Franchise and Local Laws. Whether the applicant will comply
with all of the terms and conditions placed upon a franchisee by the franchise, this
chapter, customer service standards and other applicable local laws and regulations;
5. Compliance with Other Requirements. Whether the applicant will comply with all
relevant federal and state laws and regulations pertaining to the construction,
operation and maintenance of the cable system.
(e) After the hearing is closed, the City Council shall decide whether to grant a franchise and
on what conditions. City Council decisions shall be made within 90 days for those
projects that have a pre-existing right to access the public rights -of -way or 180 days in all
other cases. The City Council's decision shall be based upon the application, any
additional information submitted by the applicant or obtained by the City from any
source, and public comments. The City Council may grant one or more franchises, or
may decline to grant any franchise.
21.04.070 Duration.
(a) The term of any franchise, and all rights, privileges, obligations and restrictions
pertaining thereto, shall be specified in the franchise. The effective date of any franchise
shall be as specified in the franchise.
(b) Any franchise granted hereunder shall be valid for those geographic areas specified in the
franchise.
21.04.080 Police Powers.
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In accepting any franchise, the franchisee acknowledges that its rights thereunder are subject to
the police powers of the City to adopt and enforce general ordinances necessary for the health,
safety and welfare of the public, and it agrees to comply with all applicable laws enacted by the
City pursuant to such power.
21.04.090 Use of Rights -of -Way..
For the purposes of operating and maintaining a system in the City, a franchisee may place and
maintain within the rights -of -way such property and equipment as are necessary and appurtenant
to the operation of the cable system. Prior to construction or alteration of the system in the rights -
of -way, the franchisee shall procure all necessary permits, pay all applicable fees in connection
therewith, and comply with all applicable laws, regulations, resolutions and ordinances,
including, but not limited to, land use and zoning requirements.
21.04.100 Pole or Conduit Agreements.
No franchise shall relieve franchisee of any of its obligations involved in obtaining pole or
conduit agreements from any department of the City, any utility company, or from others
maintaining facilities in the rights -of -way.
21.04.110 Franchise Fees.
The franchisee shall pay the City franchise fees in accordance with the terms of the franchise and
applicable law.
21.04.120 Taxes.
Nothing in this chapter shall limit the franchisee's obligation to pay applicable local, state and
federal taxes.
21.04.130 Customer Service Standards.
(a) Policy. A cable operator will first resolve customer inquiries and complaints without
delay and without involvement of the City. Where a given complaint is not addressed by
the cable operator to the customer's satisfaction, the City may intervene.
These standards are intended to be of general application. A cable operator is free to
exceed these standards for the benefit of its customers. However, the cable operator shall
be relieved of obligations hereunder if it is unable to perform due to a force majeure
event affecting a significant portion of the franchise area.
(b) Customer Service.
1. Courtesy. All employees of the cable operator shall be courteous, knowledgeable,
and helpful, and shall provide effective and satisfactory service in all contacts
with customers.
2. Availability and Accessibility — In Person. The cable operator must maintain, at a
minimum, one (1) customer service center located within 25 miles of the
Arlington City Limits This customer service location shall at all times allow
customers to make payments, return equipment, or get assistance from
knowledgeable staff. The customer service center shall be open Monday through
Saturday, excluding legal holidays, with sufficient hours necessary to meet
customer demand. The customer service center will be staffed to meet all
ORDINANCE NO. 2010-016 6
customer needs with on -site customer service representatives. If, however, the
customer service center is required to relocate, the cable operator shall be allowed
a reasonable period of time to establish a new location.
3. Availability and Accessibility — On the Telephone. A CSR will be available to
respond to customer inquiries during normal business hours. The cable operator
shall maintain local or toll free telephone access lines that shall be available
during normal business hours for service/repair requests and billing inquiries. The
cable operator shall retain sufficient CSRs and telephone line capacity to ensure
that, during normal operating conditions, telephone calls to service/repair and
billing inquiry lines are answered within thirty (30) seconds or less, and that any
transfers are made within thirty (30) seconds. This standard shall be met no less
than ninety (90) percent of the time, measured on a quarterly basis under normal
operating conditions. Under normal operating conditions, the total number of calls
receiving busy signals shall not exceed three percent (3%) of the total telephone
calls. The cable operator shall not be required to acquire equipment or perform
surveys to measure compliance with any of the telephone answering standards
above unless and until the City requests such actions based on a historical record
of customer complaints indicating.a clear failure to comply.
(c) Responsiveness.
1. The cable operator shall complete all standard aerial installations within seven (7)
days after an order has been placed, unless otherwise requested by the customer.
The cable operator shall schedule all standard underground installations within
seven (7) days after an order has been placed, unless otherwise requested by the
customer. "Standard" installations shall include those that are located within 125
aerial feet or sixty (60) underground trench feet of the cable operator's
distribution system. This standard must be met ninety-five percent (95%) of the
time, under normal operating conditions as measured on a quarterly basis. If the
customer requests a non-standard installation, or the cable operator determines
that a non-standard installation is required, the cable operator shall provide the
customer in advance with a total installation cost estimate and an estimated date
of completion.
2. Under normal operating conditions, all temporary cable drops shall be converted
to a permanent drop within no more than three (3) calendar weeks from the initial
installation, or at a time mutually agreed upon between the cable operator and
customer.
3. Customers requesting installation of cable service or repair service to an existing
installation may choose any available four (4) hour block of time for the
appointment during normal business hours.
4. The cable operator shall be deemed to have responded to a request for service
under the provisions of this subsection when a technician arrives within the
agreed upon time. If the customer is absent when the technician arrives, the
technician shall leave written notification of timely arrival. A record that notice
was provided shall be kept by the cable operator.
5. If a cable operator representative fails to keep an installation or service
appointment for any reason, the cable operator will contact the customer before
ORDINANCE NO. 2010-016 7
the end of the scheduled appointment and reschedule the appointment at a time
convenient for the customer.
6. The cable operator shall respond to a customer's letter in writing within two (2)
weeks of receipt of the letter. The cable operator shall initiate resolution to a
customer's inquiry, complaint, general question, or comment made by telephone
or email within forty-eight (48) hours.
7. Any difficulties that cannot be resolved by the CSR shall be referred to the
appropriate supervisor who shall use his/her best efforts to contact the customer
within.twenty four (24) hours of initial contact and resolve the problem within a
mutually agreeable timeframe.
(d) Repairs and Outages.
1. The cable operator shall interrupt service only for good cause and for the shortest
time possible. Scheduled interruptions that the cable operator anticipates will last
more than four (4) hours shall occur during periods of minimum use of the cable
system as reasonably determined by the cable operator.
2. If a customer calls to report poor signal quality or interruptions attributable to the
cable operator's equipment, the cable operator shall begin working on the
problem no later than the next day following the customer's call, provided that the
customer is available, or at such later time as is convenient for the customer. If an
appointment is necessary, the customer may choose a four (4) hour block of time
during normal business hours.
3. Upon discovery of an outage affecting three (3) or more customers, the cable
operator shall initiate its outage repair process within two (2) hours, under normal
operating conditions.
4. A cable operator shall initiate repairs to customer reported service interruptions,
for any cause beyond the control of the cable operator, within twenty-four (24)
hours after the conditions beyond its control have been corrected.
5. Under normal operating conditions, if after twenty-four (24) hours service is not
restored to a customer, a cable operator shall, upon a customer's request, provide
a refund or credit or other compensation of equal or greater value.
6. The cable operator will track and record all outages and service interruptions that
occur within the franchise area.
(e) Bills, Credits, Refunds and Deposits. If a customer requests disconnection of any or all
services, billing for affected services shall end on the same day as the request, or on the
future date for which the disconnect is ordered. However, the customer may continue to
be billed for equipment until returned to the cable operator. The cable operator shall issue
a credit or refund to a customer within thirty (30) business days after the close of the
billing cycle following the return of the equipment and request for disconnection. If a
customer was required to provide a deposit, that deposit must be returned when
appropriate.
(f) Treatment of Property.
1. Removal or trimming of trees and shrubs in the right-of-way will be subject to the
regulations of the City.
2. The cable operator shall repair any damage or restore any property to as good a
condition as before the work causing such damage or disturbance was initiated.
The cable operator shall repair, replace, or compensate all property owners for
ORDINANCE NO. 2010-016 8
damages resulting from the cable operator's installation, construction, service, or
repair activities.
3. Except in the case of an emergency involving public safety or service interruption
to a large number of customers, the cable operator shall give reasonable notice to
property owners or legal tenants prior to entering upon private premises, and the
notice shall specify the work to be performed; provided that, in the case of
planned construction operations, such notice shall be delivered or provided at
least twenty four (24) hours prior to entry. All work done in the right-of-way shall
be subject to time requirements of the permit.
4. Nothing herein shall be construed as authorizing access or entry to private
property, or any other property, where such right to access or entry is not
otherwise provided by law.
5. For major construction or installation projects, the cable operator shall notify by
mail or door hanger the adjacent property owners/legal tenants in advance of the
right -of way work. In the case of an emergency, the cable operator shall attempt
to contact the property owner or legal tenant in person, and in the event personal
contact is not made, the cable operator shall leave a door hanger notice.
6. The cable operator shall clean all areas surrounding any work site of debris
caused by the cable operator's activities.
(g) Services for Customers with Disabilities.
1. For any customer with a disability, the cable operator shall upon a customer
request and at no charge deliver and/or pick up converters at the customer's home.
2. The cable operator shall provide TDD/TYY service with trained operators who
can provide assistance for hearing -impaired customers at no charge.
3. The cable operator shall comply with the Americans with Disabilities Act.
(h) Customer Information.
1. The cable operator shall provide to customers an accurate, comprehensive service
agreement and customer installation packet upon installation, including the
following information:
a. Products and services offered by the cable operator, including channel
positions of programming carried on the cable system.
b. The cable operator's complete range of service options and the prices for
those services and conditions of subscription to programming and other
services.
c. Installation and service maintenance policies, including the customer's and
cable operator's responsibilities for equipment.
d. Billing and complaint procedures for investigation and resolution of customer
service complaints, including the address and telephone number of the cable
operator's office(s), the cable operator's policies on deposits, credit balances,
and returned check charges.
e. Policies concerning protection of customer privacy as required under law.
f. The availability of a parental control/lock out device and the procedures for
channel blocking.
g. Service termination procedure.
ORDINANCE NO. 2010-016 9
h. A description of the manner that will be used to provide notice of changes in
rates, services, or service terms and conditions.
i. The phone number of the Customer Service Department that is responsible for
handling cable questions and complaints for the cable operator. This
information shall be prominently displayed in the installation packet.
2. The cable operator shall provide customers with written notification of any
changes in rates, programming, services, or channel positions as soon as possible
in writing. Customers shall be given a description of the changes, a phone number
for questions, and the effective date. Notice must be given to customers a
minimum of thirty (30) days in advance of such changes if the change is within
the control of the cable operator.
3. All officers, agents, and employees of the cable operator, its contractors, and
subcontractors who are in personal contact with customers shall have visible
identification cards bearing their name and photograph.
4. Every vehicle of the cable operator, its contractors, and subcontractors, shall be
clearly identified to the public as a vehicle of the cable operator.
(i) Safety.
1. The cable operator shall install and locate its facilities, cable system, and
equipment in compliance with all federal, state, local, and company safety
standards, and in such manner as shall not endanger persons or property.
2. Whenever the cable operator receives notice that an unsafe condition exists with
respect to its equipment, the cable operator shall investigate such condition
immediately, and shall take such measures as are necessary to remove or
eliminate any unsafe condition.
(j) Complaints to the City.
1. Any customer shall be entitled to lodge any complaint directly with the City. The
customer may lodge the complaint either by calling the City or by filing a written
complaint by letter or in electronic form.
2. If the City decides that further action is warranted, the City may intercede and
attempt to help reach a resolution and/or require the cable operator to address the
inquiry in a timely manner. Upon request by the City, the cable operator shall
notify the City of the status of the inquiry and any subsequent resolution.
3. The cable operator shall maintain, in a manner consistent with the privacy rights
of customers, an accurate and comprehensive file of complaints regarding the
cable system or the cable operator's operation of the cable system, by number and
type and their disposition; service requests, identifying the number and nature of
the requests and their disposition; and outages, service interruptions and their
disposition.
(k) Remedying Violations. If the City has reason to believe that the cable operator has failed
to comply with any of these standards, or has failed to perform in a timely manner, or if
similar complaints repetitively arise, the City may require in writing that the cable
operator remedy the noncompliance. If the noncompliance is not remedied to the
satisfaction of the City, the City may opt to follow the liquidated damages procedures or
seek other remedies set forth in the franchise, or pursue any other remedies at law or in
equity.
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21.04.140 Other Authorizations.
Franchisee shall comply with and obtain, at its own expense, all permits, licenses and other
authorizations required by federal, state and local laws, rules, regulations and applicable
resolutions and ordinances which are now existing or hereafter lawfully adopted.
21.04.150 Rules and Regulations of the City.
In addition to the inherent powers of the City to regulate and control any franchise it issues, the
authority granted to it by the Cable Act, and those powers expressly reserved by the City, or
agreed to and provided for in a franchise, the right and power is reserved by the City to
promulgate such additional rules and regulations as it may find necessary in the exercise of its
lawful powers and in furtherance of the terms and conditions of a franchise and this chapter, and
as permitted by applicable state and federal law.
21.04.160 Delegation of Powers.
Any right or power of the City may be delegated by the City to any officer, employee,
department or board of the City or to such other person or entity as the City may designate to act
on its behalf.
21.04.170 Technical Standards.
(a) Franchisee shall design, construct and maintain its cable system to serve every residential
dwelling unit in the franchise area, subject to any density requirements contained within
the franchise. Commercial facilities shall be served in accordance with the provisions of
the franchise.
(b) Franchisee shall construct, install, operate and maintain its cable system in a manner
consistent with all enacted and applicable federal, state and local laws and regulations,
FCC technical standards and any other applicable standards set forth in the franchise.
21.04.180 Construction Standards.
(a) All facilities constructed or operated under this chapter shall be installed and maintained
at such places in or upon such rights -of -way and public places as shall not interfere with
the free passage of traffic and the free use of adjoining property, and shall conform to
federal standards, Washington requirements, and City regulations.
(b) Franchisee shall be subject to any and all requirements established by the City with
regard to the placement and screening of franchisee's facilities and equipment located in
the rights -of -way and on other public property. Such requirements may include, but are
not limited to, the use of landscaping to screen pedestals and cabinets and a requirement
that construction be flush with the natural grade of the surrounding area.
(c) The franchisee shall comply with any applicable ordinances, resolutions, rules,
regulations and policies of the City regarding geographic information systems mapping
for users of the rights -of -way; provided that all similarly situated users of the rights -of -
way must also accordingly comply.
21.04.190 Street Cut or Repair.
The franchisee shall guarantee the durability and structural integrity of any street cut or repair
made by it or its agents which are necessary for the construction, installation, operation, repair or
ORDINANCE NO. 2010-016 11
maintenance of franchisee's facilities for the life of the street; provided, that no action by a third
party materially affects the integrity of franchisee's street cut or repair. Franchisee shall repair or
replace, at no expense to the City, any failed street cut or repair which was completed by
franchisee or franchisee's agent(s), as determined by the City engineer.
21.04.200 Safety Requirements.
The franchisee shall, at all times, employ professional care and install, maintain and use
commonly accepted methods and devices for preventing failures and accidents which are likely
to cause damage, injuries, or nuisances to the public. In furtherance thereof, the franchisee must
comply with the City's traffic control requirements, including, for example, but without
limitation, the use of signal devices, warning signs and flaggers when appropriate. All of
franchisee's structures, cables, lines, equipment and connections in, over, under and upon the
rights -of -way and public ways or other places in the franchise area, wherever situated or located,
shall at all times be kept and maintained in a safe condition.
21.04.210 Regulations of Rates and Charges.
The City may regulate franchisee's rates and charges to the full extent permitted by law.
21.04.220 Privacy Laws.
The franchisee will be bound by all of the provisions of applicable federal, state and local
privacy laws.
21.04.230 Discriminatory Practices Prohibited.
(a) The franchisee shall not deny cable service or otherwise discriminate against subscribers
or others on the basis of race, color, religion, national origin, sex, age, disability or other
protected classes.
(b) Access to cable service shall not be denied to any group of potential residential cable
customers because of the income of the residents of the local area in which such group
resides.
21.04.240 Equal Employment Opportunity.
The franchisee shall strictly adhere to and comply with the equal employment opportunity
requirements of federal, state and local laws.
21.04.250 Reimbursement.
To the extent allowed by applicable law, the City may require a franchisee to reimburse the City
for the City's reasonable processing and review expenses in connection with a sale or transfer of
a franchise or a change in control of a franchise or franchisee, including, without limitation, costs
of administrative review, financial, legal and technical evaluation of the proposed transferee or
controlling party, costs of consultants, notice and publication costs, and document preparation
expenses. In connection with the foregoing, the City will send franchisee an itemized description
of all such charges, and franchisee shall pay such amount within 30 days after the receipt of such
description.
21.04.260 Special Rate Discounts.
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The City encourages franchisee to provide special rate discounts for certain senior
subscribers and permanently disabled subscribers as follows:
(a) The eligibility for the special rate considerations set forth in this section shall be limited
to those subscribers who qualify as a "senior" or as "permanently disabled" under the
City's prevailing standards and procedures and who must also be eligible for utility
discounts from the City. The subscriber must also be the owner -occupant of a single-
family or multiple dwelling unit residence or the legally responsible lessee of a rental
residential dwelling or unit.
(b) Franchisee is encouraged to waive the standard installation fee for those dwellings or
units within 125 feet of franchisee's cable system for those subscribers who are eligible
under subsection (1) of this section.
21.04.270 Franchise Renewal.
Franchise renewals shall be conducted in accordance with applicable law. The City and
franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of
a franchise.
21.04.280 Franchise Revocation.
Any franchise granted by the City may be revoked during the period of such franchise, as
provided in the franchise, subject to the procedural requirements provided for therein. A failure
by the franchisee to comply with any of the material provisions of this chapter shall be deemed a
material violation of the City Code.
21.04.290 Effective Date of Franchise.
No franchise granted pursuant to the provisions of this chapter shall become effective unless and
until the ordinance granting the same has become effective. Within 45 days after the adoption by
the City Council of the ordinance awarding a franchise, or within such extended period of time
as the City Council in its discretion may authorize, the franchisee shall file with the City clerk its
written and unconditional acceptance of the franchise.
21.04.300 Miscellaneous Provisions.
(a) Where a franchise and this chapter conflict, both shall be liberally interpreted to achieve a
common meaning or requirement. In the event that this is not possible within reasonable
limits, the franchise shall prevail.
(b) This chapter shall be construed in a manner consistent with all applicable federal, state
and local laws, and shall apply to any franchise hereafter accepted by a franchisee.
(c) A franchisee shall not be relieved of its obligations to comply with any or all of the
provisions of this chapter by reason of any failure of the City to demand prompt
compliance.
(d) The provisions of this chapter shall apply to all cable operators and cable systems to the
greatest extent permissible under applicable law.
21.04.310 Severability.
If any section, subsection, paragraph, or provision of this chapter is determined to be illegal,
invalid, or unconstitutional by any court or agency of competent jurisdiction, such determination
ORDINANCE NO. 2010-016 13
shall have no effect on the validity of any other section, subsection, paragraph, or provision of
this chapter, all of which will remain in full force and effect.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this 41- day of f , 2010.
CITY OF ARLINGTON
r-
Marga a arson, Ma or
ATTEST:
I
Kristin knfield, City Clerk
APPROVED AS TOFORM:
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W �-
ORDINANCE NO. 2010-016 14
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-016 was approved at the July 19, 2010 City Council meeting.
ORDINANCE #2010-016
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING
ARLINGTON MUNICIPAL CODE TITLE 21 RELATING TO CABLE SERVICES
REGULATIONS
A true and correct copy of the original ordinance is attached.
Dated this 20th day of July 2010.
i
Kristin anfield
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on July 19, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-016 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING
ARLINGTON MUNICIPAL CODE TITLE 21 RELATING TO CABLE SERVICES
REGULATIONS"
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
City Clerk
City of Arlington