HomeMy WebLinkAboutO-09332ORDINANCE NO. _a_a_B 2
AN ORDINANCE GRANTING A NONEXCLUSIVE
LICENSE TO MIAMI TELE-COMMUNICATIONS, INC.
AND AMERICABLE OF GREATER MIAMI, LTD.
FOR THE PRIVILEGE TO USE THE STREETS AND
PUBLIC WAYS WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI TO
CONSTRUCT, OPERATE AND MAINTAIN A CABLE
TELEVISION SYSTEM UNDER CERTAIN TERMS
AND CONDITIONS AND PROVIDING OTHERWISE
WITH RESPECT THERETO AND CONTAINING A
SEVERABILITY CLAUSE
WHEREAS, the City of Miami is a municipal
corporation organized under the laws of the State of
Florida and possesses certain municipal powers, including
the power to issue nonexclusive licenses for the
privilege to use the streets and public ways within
the City; and
WHEREAS, the City of Miami pursuant to Ordinance
No. 9223 is authorized to grant a nonexclusive license
to use the streets, alleys, public ways and places of
the City to erect, construct, operate and maintain a
cable television system within the City; and
WHEREAS, the City of Miami desires to provide
for the development as rapidly as possible of a cable
television system that offers high quality service to
citizens throughout the City on a nondiscriminatory
basis and meets existing and future public, municipal,
educational and institutional communications needs of
the City and its citizens; and
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WHEREAS, the City of Miami has issued a request
for proposals to provide the full range of state-of-
the-art- cable television services to the citizens of
Miami; received five applications in response to its
request; held duly -noticed public hearings affording
each applicant due process and at which members of the
public had the opportunity to comment; and
WHEREAS, after due consideration of the proposals
received and the presentations made at public hearings,
the City Commission has determined that it is in the
best interest of the City of Miami and the health, safety
and welfare of its citizens to grant a nonexclusive
license to Miami Tele-Communications Inc. and Americable
of Greater Miami, LTI). to construct, operate and maintain
a cable television system within the City of Miami in
accordance with the terms and conditions of this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
ARTICLE I: GENERAL
Section 101. Short Title
This Ordinance shall be known and may be cited
as the "Miami Tele-Communications, Inc. and Americable
of Greater Miami Ltd. Nonexclusive Cable Television
System License Ordinance."1/
l/ A Topical Index to this Ordinance is provided and
attached hereto.
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Section 102. Definitions
For the purpose of this Ordinance, the following
terms, phrases, words and their derivations shall have
the meaning given herein unless the context clearly
indicates that another meaning is intended. When not
inconsistent with the context, words used in the present
tense include the future, words in the plural number
include the singular number, and words in the singular
number include the plural number.
1. "Access Channel" means a video and/or audio
channel which the Licensee shall make available without
charge, pursuant to Article IV hereof, for the purpose
of transmitting programming by the public, City
departments and agencies, institutions and similar
organizations.
2. "Audio Channel" means a band of frequencies
in the electromagnetic spectrum, or any other means
of transmission (including, but not limited to, optical
fibers) which is capable of carrying one audio signal.
3. "Auxiliary Services" means the services
described in Appendix B to this Ordinance.
4. "Basic Subscriber Service" means the services
described in Appendix A to this Ordinance.
5. "Cable Communications Agency" means the
agency established under the jurisdiction of the City
Manager pursuant to Section 703 of this Ordinance.
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6. "Cable Television System" means any facility,
the primary function of which is either to receive and
process the broadcast signals of one or more television
and radio stations or to provide signals for additional
closed circuit programming, and to redistribute such
signals 'to members of the public who subscribe thereto
or to whom redistribution of such signals is required
by this Ordinance, by means of cable, wire, conduits,
or any other devices which are above, below, on, in,
or along highways and other public places in the City;
provided, however, that this definition does not include
a MATV System serving a multiple dwelling.
7. "Channel" means a video channel, audio
channel or data channel.
B. "City" means the City of Miami.
9. "City Attorney" means the City Attorney
of the City of Miami or his designee, or any successor
to the powers of the City Attorney.
10. "City Commission" means the City Commission
of the City of Miami or its designee, or any successor
to the powers of the City Commission.
11. "City Manager" means the City Manager of
the City of Miami or his designee, or any successor
to the powers of the City Manager.
12. "Community Access Corporation" means the
nonprofit independent public corporation established
pursuant to Section 402 of this Ordinance, also referred
to as "Miami Cable recess Corporation," or "MCAC."
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13. "Data Channel" means a band of frequencies
in
the electromagnetic spectrum,
or
any other means
of
transmission (including, but
not
limited to, optical
fibers), which is capable of carrying one data signal.
14. "Director of Finance" means the Director
of the Department of Finance of the City of Miami or
his designee, or any successor to -the powers of the
Director of Finance.
15. "FCC" means the Federal Communications
Commission or its designee, or any successor to the
powers of the FCC.
16. "Gross Revenues" means all revenue, to
be determined according to Generally Accepted Accounting
Principles, derived directly or indirectly by the
Licensee, affiliates, subsidiaries and parents of the
Licensee, and any person in which the Licensee has a
financial interest, from or in connection with the
operation of the System or the services provided on
the System pursuant to this Ordinance; provided, however,
it does not include any grants or taxes imposed directly
on any subscriber or user by a local, state or federal
governmental unit and collected by the Licensee for
such entity, and provided, however, it does not include
revenue paid by the Licensee to subsidiaries or
affiliates for services performed on behalf of the
Licensee.
17. "Institutional Cable" means the dedicated
institutional cable described in Section 308 of this
Ordinance.
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18. "Leased Channel" means a video and/or audio
or data channel which the Licensee shall make available
at nondiscriminatory .rates and terms for the purpose
of transmitting programming, providing services, or
exchanging information by persons other than the
Licensee, subsidiaries, affiliates or parents of the
Licensee, in accordance with Section 305 of this
Ordinance.
19. "License" means a nonexclusive grant by
the City to a person or company to allow that person
or company to construct, operate and maintain a cable
television system within the City.
20. "Licensee" means Miami Tele-Communications,
Inc. and Ame.ricable of Greater Miami, LTD., which shall
be jointly and severally liable for the performance
of all terms, conditions and obligations under this
Ordinance and which shall jointly construct, operate
and maintain the System, in accordance with Section
201 of this Ordinance.
2.1. "Local Origination Programming" is
programming that is either produced by the Licensee
or is obtained from another source for transmission
on the Licensee's local origination channels.
22. "May" is permissive.
23. "Mayor" means the Mayor of the City of
Miami or his designee, or any successor to the powers
of the Mayor.
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24. "�Ilinority" shall mean the following groups.,
black (not of Hispanic origin), Hispanic, Asian or
Pacific Islander, American Indian and Alaskan native,
as currently defined in Federal laws and regulations.
25. "Person" shall mean any individual,
partnership, association, firm, corporation or other
legally recognized entity, whether for profit or not
for profit.
26. "Public Street" means the surface of and
the space above and below any street, terrace, avenue,
road, highway, freeway, bridge, land, path, alley, court,
sidewalk, parkway, drive, boulevard or other public
way, now laid out or dedicated, and all extensions
thereof and all additions thereto, within the City.
27. "Resident" means any natural person who
has resided in the City for thirty (30) days, or as
otherwise defined by applicable law.
28. "Residential Subscriber" means a subscriber
who receives Basic Subscriber Service and/or additional
services in an individual dwelling unit or multiple
dwelling.
29. "School" means any institution of the Dade
County Public School System, any duly -accredited private
school, any duly -accredited day-care center, any duly -
accredited local college or university, or any other
duly -accredited educational institution so designated
by the City.
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30. "Service" means any Basic Subscriber
Service, any Auxiliary Service, or any other service,
whether or not originated by the Licensee which is
transmitted by means of any channel in the subscriber
system,
31. "Shall" and "Will" are mandatory, not merely
directive.
32. "Signal" means any transmission of radio
frequency energy or of optical information.
33. "Subscriber" means any person or entity
receiving for any purpose the Basic Subscriber Service
or any other service.
34. "Subscriber System" means that portion
of the System whose primary purpose is to serve
residential subscribers.
35. "System" means the broadband communications
facility which is to be constructed, operated and
maintained by the Licensee pursuant to this Ordinance.
36. "Upstream Transmission Path" means a signal
path provided by the System to transmit signals of any
type from a subscriber terminal to another point.
37. "Video Channel" means a band of frequencies
in the electromagnetic spectrum (generally a 6 MHZ band
except in the case of high resolution television), or
any other means of transmission (including, but not
limited to, optical fibers), which is capable of carrying
one audio -video television signal.
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ARTICLE II: GRANT OF NONEXCLUSIVE LICENSE
Section 201. Nature of License
(a) The City hereby grants the Licensee a
nonexclusive, revocable license for the privilege to
erect, construct, operate and maintain in, upon, along,
across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated and
all such extensions thereto and additions thereto in
the City, all necessary wires, cables, conduits,
conductors and fixtures for the construction, operation
and maintenance of a System on the terms and conditions
set forth in this Ordinance and the Appendices hereto.
The privilege to use and occupy said streets for the
purpose herein provided shall not be exclusive and the
City expressly reserves the right to grant additional
licenses for the use of said streets, alleys, public
ways and public places to any other person or corporation
at any time during the period of this license. No cable
television system shall be allowed to occupy or use
the streets of the City or be allowed to operate without
a cable television license.
(b) The grant of this nonexclusive license
is expressly conditioned on the construction, operation
and maintenance of the System jointly by Miami Tele-
Communications, Inc. ("MCI") and Americable of Greater
Miami, LTD. ("Americable"). MCI and Americable, as
Licensee, shall be jointly and severally liable for
the performance of the terms, conditions and obligations
under this Ordinance.
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(c) No privilege or power of eminent domain
is bestowed on the Licensee by the license herein
granted.
(d) The grant of this license does not
constitute a waiver or release of the rights of the
City in and to the public streets.
Section 202. Term
(a) The term of this license shall be fifteen
(15) years from and after the effective date of this
Ordinance, unless sooner cancelled or terminated as
herein provided. The City Commission shall have the
right to review this license periodically at such time
or times as the City Commission deems appropriate or
as hereinafter provided.
(b) This license, after public hearing and
according to the license renewal procedure as provided
in Section 1301 herein, may be renewed for a period
not to exceed fifteen (15) years. The City may, in
its discretion, determine to grant further renewals
of the license for such periods and on such terms as
a subsequent ordinance may provide.
Section 203. Licensee's Acknowledgement
of Citv's Police Powers
(a) In accepting this license, the Licensee
acknowledges that its privileges hereunder are subject
to the police power of the City to adopt and enforce
general resolutions and ordinances necessary for the
safety and welfare of the public, and the Licensee agrees
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to comply with all applicable general laws, resolutions
and ordinances presently in force or subsequently enacted
by the City pursuant to such power.
(b) Nothing in this Ordinance shall be construed
as a waiver of any codes or ordinances of the City.
Section 204. Limitations upon Licensee
(a) The Licensee shall, at all times during
the life of its license, be subject to the lawful
exercise of the City's police power and such reasonable
regulations as the City Commission, the City Manager
or the Cable Communications Agency may subsequently
promulgate. Nothing contained in this Ordinance shall
be deemed to prohibit in any way the right of the City
to levy nondiscriminating occupational license taxes
on any activity conducted by the Licensee.
(b) All privileges prescribed by this license
shall be subordinate to any prior lawful occupancy of
the public streets, and the City reserves the right
to designate reasonably where the Licensee's facilities
are to be placed within the public rights -of -way.
(c) The license granted herein shall be a
privilege which is personal to the Licensee. This
license shall not be assigned or transferred, either
in whole or in part, or leased, sublet or mortgaged
in any manner, nor shall title thereto, either legal
or equitable, or any interest therein, pass or vest
in any person without the prior approval of the City
Commission expressed by ordinance. Violation of this
provision shall make the license subject to termination.
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(d) A mortgage, pledge, or other encumbrance
of the System's equipment, license or revenues, or any
part thereof, for financing purposes or otherwise, shall
be made only with the prior approval of the City
Commission and shall be subject and subordinate to the
rights of the City under this Ordinance or applicable
law.
(e) The Licensee shall promptly notify the
City of any actual or proposed change in control or
ownership of the Licensee, MCI or Americable. The word
"control" as used herein includes actual working control
in whatever manner exercised. Every change of control
or ownership of the Licensee, MCI or Americable shall
make the license subject to termination unless and until
the City shall have consented thereto. For the purpose
of determining whether it shall consent to such change
of control or ownership, the City may inquire into the
qualifications of the prospective controlling or owning
party, into all matters relevant to whether such party
is likely to adhere to the terms and conditions of this
Ordinance, and whether the proposed change of control
or ownership is in the public interest; and the Licensee,
MCI and Americable shall assist the City in any such
inquiry. Furthermore, a rebuttable presumption that
a change of control or ownership has occurred shall
arise upon the acquisition or accumulation by any person
or group of persons of five (5) percent or more of the
Licensee, MCI or Americable.
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(f) Any proposed controlling or owning party
approved pursuant to Subsection (e) of this Section
shall he subject to additional terms and conditions
as the City deems appropriate.
(g) The consent or approval of the City to
any assignment, lease, transfer, sublease or mortgage
of the license granted to the Licensee shall not
constitute a waiver or release of the rights of the
City in and to the public streets.
(h) The City Commission reserves the right
to review the terms of the purchase of any transfer
or assignment of the System, or of any change in
ownership or control, and any assignee, transferee or
controlling or owning party of the Licensee expressly
agrees that any negotiated sale value which the City
Commission deems unreasonable will not be considered
in the rate base for any subsequent request for rate
increases.
(i) In the event the System is transferred,
assigned or sold prior to the completion of construction
or within five (5) years after the effective date of
this Ordinance, whichever is longer, the Licensee shall
forfeit its security fund as provided in Subsection
(f) of Section 1001 of this Ordinance, and all proceeds
of such transfer, assignment or sale in excess of the
System's then book value shall be pain to the City,
provided, however, that the priority of a valid prior
existing mortgage which has been approved by the City
in accordance with Subsection (d) of this Section shall
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be recognized and shall not be i►paired hereby. Book
value shall not include the value of the license granted
hereunder.
Section 205. Limitations upon Licensee's
Officers and Directors
Neither the Licensee, MCI or Ame.ricable nor
any officer, director or general partner of the Licensee,
MCI or Americable shall hold, directly or indirectly,
any stock or other beneficial ownership interest in
any other company owning or operating: any radio or
television broadcast station whose signals are carried
on the System on a regular basis; any television
broadcast network other than a network consisting
entirely or substantially of community antenna television
systems; or any newspaper or magazine whose principal
circulation market is the Standard Metropolitan
Statistical Area of Greater Miami, except that ownership
by any such person of less than one (1) percent of the
outstanding stock of any company whose securities are
listed or admitted to trading on a national securities
exchange shall not be deemed a violation of this Section.
No such person shall be an officer, director, partner
or owner of any company owning or operating businesses
heretofore mentioned.
Section 206. City's Right To Perform
Public Works
Nothing in this license shall be in preference
or hindrance to the right of the City or any board,
authority, com►nission or public corporation to perform
or carry on, directly or indirectly, any public works
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or public improvements of any description, and should
the System in any way interfere with the construction,
maintenance or repair of such public works or public
improvements, the Licensee shall, at its own cost and
expense, protect or relocate its System, or part thereof,
as reasonably directed by the City officials, board,
authority, commission or public corporation.
Section 207. Liability in Case
of Emergency
If, at any time in case of fire, disaster, or
other emergency, it shall appear necessary in the
judgment of the City to cut, move or otherwise interfere
with any of the wires, cables, amplifiers, appliances
or appurtenances thereto of the Licensee, the City shall
not be liable for any injury or damage to such property
and equipment of the Licensee as a result of such
cutting, moving or interference.
Section 208. Compliance with
Applicable Laws
The Licensee shall comply fully with all
applicable federal, state and .local laws.
Section 209. Administration
of License
Subject to the direction and control of the
City Commission and the City Manager, the Cable
Communications Agency, established pursuant to Section
703 of this Ordinance, shall be responsible for the
continuing administration of the terms, conditions and
obligations of the license granted herein.
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Section 210, Submission of Acknowledgement
and Financial Forecasts
(a) Within ten (10) days after the effective
date of this Ordinance, MCI and Americable each shall
execute and deliver to the City Manager in writing an
acknowledgement that it understands that, upon issuance
of the license to the Licensee, MCI and Americable are
bound jointly and severally by the terms and conditions
of this Ordinance and the obligations hereunder, said
acknowledgement to be in a form approved by the City
Attorney. The license shall issue to the Licensee upon
acceptance by the City Attorney of the acknowledgement
required by this Subsection.
(b) 'Within ninety (90) days after the effective
date of this Ordinance, the Licensee shall deliver to
the City Manager, in a form acceptable to the City
Manager, forecasted annual balance sheets, income
statements and statements of changes in financial
position for the term of the license and supporting
schedules and documentation for forecasted revenue.
The Licensee shall also provide supporting documentation
for the assumptions underlying the forecasts. The
forecasted financial statements shall be prepared in
accordance with Generally Accepted Accounting Principles
and the principles set forth in the American Institute
of Certified Public Accountants ("AICPA") Statement
of Position 75-4, Presentation and Disclosure of
Financial Forecasts and shall be reviewed by an
independent Certified Public Accountant in accordance
with the AICPA Guide for Review of a Financial Forecast.
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An accountant's standard report in accordance with that
Guide shall be obtained and included with the Licensee's
forecasts.
(c) Within ninety (90) days after the effective
date of this Ordinance, any person or institution from
which the Licensee has obtained a financial commitment
in connection with the construction or operation of
the System shall review the .financial forecasts required
by Subsection (a) of this Section and submit in writing
to the City Manager a statement that after reviewing
the forecasts, such person or institution confirms its
financial commitment to the Licensee.
(d) The forecasted financial statements and
the confirmations of financial commitments required
by Subsections (b) and (c) of this Section shall be
reviewed by the City Manager to determine whether the
Licensee can comply with the terms and conditions of
this Ordinance. Failure of the Licensee to deliver
the forecasts and confirmations or a determination by
the City Manager that the Licensee cannot comply with
the terms and conditions of this Ordinance shall cause
the license issued pursuant to Subsection (a) of this
Section to become voidable at the option of the City
Commission, upon recommendation by the City Manager.
Section 211. Limitation on Use of Finan-
cial Commitments
Any financial commitments obtained by the
Licensee which have been confirmed to the City under
Section 210(c) of this Ordinance shall be used solely
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in connection with the construction, operation or
maintenance of the System or the Licensee's performance
of the terms, obligations, and conditions of this
Ordinance.
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ARTICLE III: SERVICE REQUIREMENTS
Section 301, System Characteristics
(a) The Licensee shall install, complete,
operate and maintain a System as described in a plan
submitted to the City Manager for approval within thirty
(30) days after the effective date of this Ordinance.
Such plan shall set forth the technical specifications
and performance standards for a state-of-the-art System,
including the institutional cable as described in Section
30B of this Ordinance, which System shall not cost less
than forty-five million dollars ($45,000,000.00) to
construct. The plan shall also specify the technical
standards for interconnection of the System as described
in Section 307 of this Ordinance. The plan required
by this Subsection, if approved by the City Manager,
shall become an Appendix to this Ordinance.
(b) Within sixty (60) days after the effective
date of this Ordinance, the City Manager shall report
to the City Commission on the status of the plan required
by Subsection (a) of this Section. In the event the
plan is not approved by the City Manager, the license
shall be voidable at the option of the City Commission,
upon recommendation by the City Manager.
Section 302. Service Obligations
(a) Subject to the Schedule for Construction
of the System set forth in the plan required by Section
601 of this Ordinance, the Licensee shall, within thirty
(30) days of a request for Basic Subscriber Service
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or Auxiliary Services by any person or entity, furnish
the requested service to such person or entity.
(b) The .Licensee shall not delete any services
required by this Ordinance without the prior approval
of the City Commission.
Section 303. Basic Subscriber Service
Basic Subscriber Service shall be made available
to all subscribers and shall provide the range of
services set forth in Appendix A, including the public
access channels required by Article IV of this Ordinance.
Section 304. Auxiliary Services
The Licensee must offer services to all
subscribers, or have the capacity to offer services
to all subscribers, in all categories of Auxiliary
Services set forth at Appendix B.
Section 305. Leased Channels
(a) The System shall contain a minimum of six
(6) video channels available for lease, at least two
of which channels shall be available for lease by the
providers of audio and data services requiring less
than a video channel bandwidth. There shall be open,
nondiscriminatory access to leased channels for
programming and other services by persons other than
the Licensee, or subsidiaries, affiliates, or parents
of the Licensee, and such channels shall be controlled
by the Licensee in a manner which enables and encourages
competition in the delivery of services.
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(b) The Licensee shall make available discrete
time segments of reasonable duration on the leased
channels to all persons on a first -come, first -served
basis at nondiscriminatory .rates and terms to the same
class of users irrespective of whether such users are
the Licensee or subsidiaries, affiliates or parents
of the Licensee, and the Licensee shall not enter into
any agreement which limits its right to offer competitive
services or which may restrict the offer of services
available on its System to its own subscribers to the
exclusion of subscribers of other communications systems.
In the event the Licensee offers billing, audience
promotion, or any other services, including, but not
limited to, the installation or rental of equipment,
to any leased channel user, including subsidiaries,
affiliates or parents of the Licensee, or in the event
that the Licensee itself uses such services, then the
Licensee shall make available such services to other
persons desiring to use leased channels at
nondiscriminatory rates and terms to the same class
of user. All rates charged by the Licensee or
subsidiaries, affiliates or parents of the Licensee,
or other users to subscribers in connection with services
on leased channels shall be on a nondiscriminatory basis
to the same class of subscriber. The City reserves
the right to establish rules and regulations governing
the use of leased time and facilities to ensure that
leased channels are available on a nondiscriminatory
basis and the rates charged for such use are
nondiscriminatory and reasonable.
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(c) If, at any time the City Commission
determines, following a public hearing on notice, that
the provision of programming or other services by the
Licensee or a subsidiary, affiliate or parent has tended
to create a monopoly or to restrain trade, the City
Commission may issue an appropriate directive in the
public interest.
Section 306. Additional Leased
Channel Capacity
The Licensee shall make available additional
leased channels if the City Manager determines that
sufficient demand for such additional channels exists.
Section 307. Interconnection
The Licensee shall interconnect the System
according to the method, timetable and technical
standards specified in the plan required by Section
301 of this Ordinance. At the request of the City,
the Licensee shall interconnect the System to regional,
state, or national networks. Such interconnection shall
include the transmission as well as reception of signals,
and the Licensee shall construct the System with the
necessary capability for such interconnection.
Section 308. Institutional Cable
The Licensee shall construct and install a
dedicated, fully two-way institutional cable, in
accordance with the requirements set forth in the Plan
required by Section 301 of this Ordinance. Such
institutional cable shall have the capacity for
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permitting secure► one-way, two-way interactive and
computer (i.e., machine to machine) transfer of audio,
video and digital information within and between
institutions, municipal departments and agencies and
other users of the System. The management and
utilization of the institutional cable shall be placed
under the jurisdiction of the City Manager.
Section 309. Procedure upon Annexation
Upon the annexation of any new territory by
the City, the Licensee shall, at the request of the
City, furnish service to that area within the time period
specified by the City.
Section 310. Technological Improvements
to System
At such time as technological advances shall
become available to the industry and shall be considered
necessary or desirable by the City, the City, after
public hearing or pursuant to a mandatory reevaluation
hearing required by Section 704 of this Ordinance, may
require the Licensee to provide the citizens of Miami
with the benefit of said technological advances.
Section 311. Standby Power
The Licensee shall maintain equipment capable
of providing standby powering for headend, reception
and processing, and distribution plant for a minimum
of twenty-four (24) hours. The equipment shall be
constructed so as to automatically notify the cable
office when it is in operation and to revert
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automatically to the standby mode when the AC power
returns. To avoid possible injury, all utility safety
regulations must be followed to prevent a standby
generator from powering the "dead" utility line.
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ARTICLE IV: PUBLIC, COMMUNITY AND
ACCESS SERVICES AND LOCAL
ORIGINATION PROGRAMMING
Section 401. Allocation of Channels
(a) The Licensee shall supply a minimum of
twenty (20) channels in the subscriber system without
charge, for the purpose of transmitting programming
by the public, City departments and agencies,
institutions and similar organizations. The City Manager
from time to time shall allocate the twenty (20) channels
among municipal and nonmunicipal uses. The channels
dedicated to municipal uses shall be placed under the
City Manager's jurisdiction for use for any lawful
purpose, including the sale of channel time. The
channels dedicated to nonmunicipal uses shall be under
the control of the community access corporation as
provided in Section 402(b) of this Ordinance. The City
may lease channel time to the Licensee if the City
Manager deems it appropriate.
(b) The Licensee shall make available additional
public channels for the purposes specified in Subsection
(a) of this Section if the City Manager determines that
sufficient demand for such additional channels exists.
Section 402. Community Access Corporation:
Establishment and Purpose
(a) The City Commission hereby finds and
determines that --
(1) the public interest in community and
public programming and a fair and just
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apportionment of the use of the
nonmunicipal public access channels
of the System necessitate the creation
of a nonprofit corporation to fund
and oversee community access programming
and local program development;
(2) the use of such a nonprofit corporation
supported in part by the Licensee will
allow funding decisions to be made
in the best interests of the public,
taking into account developing needs
and technological advances;
(3) the public interest in optimal
educational use of the System
necessitates the contribution of the
Licensee under Section 405 of this
Ordinance.
(b) In recognition of the findings set forth
in Subsection (a) of this Section, the City Commission
shall establish an independent nonprofit community access
corporation known as the Miami Cable Access Corporation
("MCAC") to manage and allocate the use of the
nonmunicipal public access channels of the System; to
support efforts by public and community groups to use
the System's access services; to develop and produce
local programming; and to raise funds to support the
purposes and objectives of the corporation. The MCAC
Board of Directors shall include broad representation
of the City's educational, cultural, ethnic, minority,
community and business organizations.
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(c) Within one hundred twenty (120) days after
the effective date of this ordinance, the City Manager
shall present a recommendation to the City Commission
as to the structure and timetable for establishment
of the MCAC.
(d) Within nine (9) months of incorporation,
the MCAC shall submit to the City Manager for approval
a three-year plan for the management, operation and
use of the System's access services, together with a
report assessing the public, institutional and community
needs the System's access services should serve. The
MCAC shall update such plan with the annual budget and
grant request submitted pursuant to Subsection (e) of
this Section.
(e) At least three (3) months prior to the
close of the City's fiscal year., the MCAC shall submit
to the City Manager a detailed and itemized budget for
the upcoming fiscal year. Such budget shall indicate
the amount of direct financial support, if any, the
MCAC is requesting from the City.
(f) The MCAC shall have the power to impose
reasonable charges on classes of users, if it determines
such charges are appropriate, and to expend revenues
obtained from such charges for any proper purpose in
support of their operations. The City reserves the
right to establish rules and regulations governing the
use of access channel time and facilities, to ensure
that access services are available on a nondiscriminatory
9332
basis, and that the rates charged for such services
by the MCAC are nondiscriminatory and reasonable. The
Licensee shall not prohibit or limit any program or
class or type of prograin presented over any access
channel.
(g) The City shall conduct an annual audit
of the books and records of the MCAC, and the results
of such audit shall be available to the public.
Section 403. Support for Public Access
and Institutional Uses
(a) During the term of this license, in addition
to contributions pursuant to Subsection (b) of this
Section and Section 405 of this Ordinance, the Licensee
shall commit at least two million dollars ($2,000,000.00)
for the purpose of providing the facilities and equipment
and at least one million dollars ($1,000,000.00) for
an annual operating budget starting in the third (3rd)
year after the effective date of this Ordinance, to
permit full utilization of the access channel capacity
of the System by the public, the City, its agencies
and departments, and similar organizations, through
the access channels and the institutional cable. The
Licensee agrees that its dollar commitments for these
purposes shall be used to:
(1) establish, equip and maintain at least
three (3) broadcast quality access
programming and editing facilities,
one of which is located in a
predominantly Hispanic population area
9332
29
of the City and one of which is located
in a predominantly black population
area of the City, and at least one
(1) electronic field production and
electronic news gathering mobile unit
capable of originating programs at
major points throughout the System;
(2) hire staff to operate access services
and facilities, to assist in the
production and development of access
programming, and to participate in
training programs;
(3) develop and implement a training program
designed to provide .local community
groups with the skills necessary for
access programming production;
(4) provide direct assistance to local
community groups in the development
of access programming;
(5) assist the City in the development
of the institutional cable to provide
programming to the public and provide
for the more effective operation of
the City; and
(6) provide a reasonable amount of
assistance without charge to train
the staff of the community access
corporation.
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Within ninety (g0) days after the effective
date of this Ordinance, the Licensee shall submit to
the City Manager for approval a detailed plan and budget
showing what specific access services, facilities and
equipment the Licensee shall provide and how the Licensee
shall allocate its dollar commitment among those items,
including those enumerated in paragraphs (1) through
(6) of this Subsection. The Licensee shall also indicate
in its plan how existing facilities may be used.
(b) The Licensee shall provide direct financial
support to the community access corporation in the form
of an initial start-up contribution in the amount of
two hundred thousand dollars ($200,000.00) to be paid
directly to the community access corporation within
thirty (30) days of its incorporation.
Section 404. Support for Local Origination
Programming
(a) During the term of this license, the
Licensee shall provide local origination programming.
The Licensee's commitment to local origination
programming shall include a commitment to undertake
at least the following:
(1) establish, equip and maintain broadcast
quality studio facilities and electronic
field production and electronic news
gathering mobile facilities for local
origination programming;
9332
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(2) ascertain community needs for local
origination programming, which
ascertainment shall involve community
and minority groups;
(3) hire staff with specific responsibility
to develop and produce local programs
responsive to the needs of the community
and to participate in training programs;
(4) provide minority programming, including
bilingual programming, that reflects
the social, economic and cultural
experiences and perspectives of the
Hispanic population, the black
population and other minority and
linguistic groups within the City of
Miami and focuses on needs or interests
of the particular minority groups with
whom the programs identify;
(5) provide programming that focuses on
the needs and interests of women, senior
citizens, veterans and the handicapped
in the City of Miami; and
(6) develop and implement a job skills
and training program designed to train
and employ minorities on an ongoing
basis in the research, production,
transmission and decision -making aspects
of local programming.
9332
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32
Within ninety (90) days after the effective
date of this Ordinance, the Licensee shall submit to
the City Manager for approval a detailed plan showing
how the Licensee shall allocate its dollar commitment
among the purposes enumerated in paragraphs (1) through
(6) of this Subsection. The plan should clearly indicate
whether and to what extent staff_, facilities or equipment
will be used for both access programming and local
origination programming.
Section 405. Annual Contributions To Be
Allocated by the City
(a) For the purposes herein specified, the
Licensee shall make annual contributions payable to
the City in the amount of three (3) percent of the
Licensee's gross revenues or six hundred thousand dollars
($600,000.00), whichever is greater. The City shall
use the contributions made pursuant to this Subsection
to stimulate community use of the System's access
services; to provide direct financial support to the
community access corporation; to experiment with and
test the uses of cable by the various City and
educational institutions to reach the public; to
implement uses and develop plans for the use of cable
television as an integral part of the City's operations;
and for other public purposes that the City deems
appropriate. For the first five (5) years after the
establishment of the community access corporation, the
City shall contribute annually to the community access
corporation not less than twenty (20) percent of the
contributions received hereunder or two hundred thousand
dollars ($200,000.00), whichever is greater, and may
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make additional Contributions as the City deems
appropriate, provided the community access corporation
submits the plan and budgets required by Section 402
of this Ordinance. After the first five (5) years, -
the City may make contributions to the community access
corporation as it deems appropriate•
(b) Annual contributions by the Licensee
pursuant to Subsection (a) of this Section shall be
made quarterly, in accordance with the schedule and
procedure specified in Section 902. The contributions
made under this Section shall be in addition to, not
in lieu of, any amount paid under Section 901 of this
Ordinance.
Section 406. Other Contributions
(a) Throughout the term of the license granted
herein, the Licensee shall make annual contributions
payable to the City in the amount of two hundred thousand
dollars ($200,000.00) to be used in the public interest
in connection with the City's drug enforcement efforts
and the development of plans for the use of the System
to promote such efforts.
(b) Annual contributions by the Licensee
pursuant to Subsection (a) of this Section shall be
made quarterly, in accordance with the schedule and
procedure specified in Section 902.
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Section 401. Financial. Commitments Not
a "Payment -in -Kind"
Financial commitments and contributions by the
Licensee pursuant to this Article shall not be considered
a "payment -in -kind" chargeable to the amounts due under
Article IX of this Ordinance.
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ARTICLE V: OTHER. PUBLIC SERVICES
Section 501. Availability to
Handicapped
The Licensee shall take reasonable affirmative
steps to ensure maximum practicable availability of
its services to handicapped persons.
Section 502. Free Connections for
Public Buildings
All public buildings, specified in a list to
be provided by the City Manager and modified from time
to time as the City Manager deems appropriate, shall
be connected to the System without charge. The Licensee
shall also, without charge, provide Basic Subscriber
Service to one outlet on each floor of all such
buildings.
Section 503. Lock -Out Device
The Licensee shall make available, to any
residential subscriber so requesting, a "parental
guidance" or "lock -out" device which shall permit the
subscriber, at his or her option, to eliminate
comprehensible reception of a channel .furnishing any
programming. The Licensee shall advise all residential
subscribers regarding the availability of this device,
and no additional charge for any such device may be
imposed.
Section 504. Emergency Override
The System shall include an "emergency alert"
capability which will permit the Mayor or the Mayor's
9332
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designated representative to override remotely the audio
of all channels involved in retransmission of television
broadcast programming or to allow for video crawl over
all channels. In the event of an emergency situation,
as determined by the Mayor, the City may interrupt
signals otherwise being distributed by the Licensee
for the delivery of signals necessitated by such
emergency. The City Commission shall establish rules
and regulations governing the exercise of power by the
Mayor pursuant to this Section.
Section 505. Alarm Installation
The City may install on the institutional cable
at its expense, without charge by the Licensee, any
equipment necessary for a fire, police or other alarm
system if the equipment conforms to the standards imposed
on the Licensee and does not interfere with operation
of the System.
9332
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ARTICLE VI: CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE SYSTEM
Section 601. Construction Schedule
(a) The Licensee shall construct the System
throughout the City in an orderly manner as rapidly
as possible, in accordance with the Schedule for
Construction as set .forth in a plan submitted to the
City Manager for approval within thirty (30) days after
the effective date of this Ordinance. Such plan shall
require the Licensee to complete construction within
three (3) years after the effective date of this
Ordinance and shall specify the company or companies
with substantial responsibility for design and
construction of the System. The plan required by this
Subsection, if approved by the City Manager, shall become
an Appendix to this Ordinance.
(b) Within sixty (60) days after the effective
date of this Ordinance, the City Manager shall report
to the City Commission on the status of the plan required
by Subsection (a) of this Section. In the event the
plan is not approved by the City Manager, the license
shall be voidable at the option of the City Commission,
upon recommendation by the City Manager.
(c) The Licensee shall, in accordance with
the schedule established by the plan required in
Subsection (a) of this Section --
(1) accomplish significant construction
within one (1) year after the effective
date of the Ordinance; and
9332
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(2) offer service throughout the City within
three (3) years after the effective
date of the Ordinance.
Section 602. Construction Performance
and Payment Bonds
(a) To guarantee the timely construction of
the System and for other purposes, the Licensee shall
at its expense obtain and maintain construction
performance and payment bonds, solely for the benefit -
of the City and/or its designee, with a corporate surety
or sureties satisfactory to the City and in a form
approved by the City Attorney, in the amount of three
million dollars ($3,000,000.00), conditioned upon the
faithful performance of the Licensee's duties under
this Ordinance or subsequent resolutions or ordinances,
and providing that if the Licensee fails to faithfully
perform and satisfactorily complete construction in
accordance with Appendix B or fails to comply with this
Ordinance or subsequent ordinances or resolutions, the
City and/or its designee can recover up to the full
amount of the bonds, jointly and severally from the
principal and surety, for any damage suffered by the
City as a result of such failure to comply, including
the cost of removal of any construction or installation
of the Licensee. The construction performance and
payment bonds shall contain a provision that the City
shall be notified in writing not less than ninety (90)
days prior to its cancellation. The bonds shall be
filed with the City Clerk and the City Manager.
9332
39 -
(b) The construction performance and payment
bonds required by Subsection (a) of this Section shall
be in effect for a period of three (3) years or until
completion of the System, whichever is longer. The
City Manager, at his discretion, may increase or decrease
the face amount of the bonds on each anniversary date
of such bonds.
(c) The full amount of the construction
performance and payment bonds shall be released at such
time as the System is completed to the satisfaction
of the City and written notice of such satisfaction
has been delivered by the City Manager to the Licensee.
(d) No bond accepted by the City pursuant to
this Section, nor any damages recovered by the City
thereunder, shall be construed to excuse the obligations
of the Licensee to perform faithfully the terms and
conditions set forth in this Ordinance; to limit the
liability of the Licensee under this Ordinance; or to
pay for damages either to the full amount of said bond
or otherwise.
Section 603. Termination Penalty for Failure To
Meet Construction Schedule
The City expressly reserves the right, in
accordance with Article XII hereof, to terminate or
transfer the privileges granted by this license or to
assess other appropriate penalties in the event of a
material failure by the Licensee to meet the construction
schedule set forth in the plan required by Section 601
of this Ordinance. For purposes of this Subsection,
9332
a delay of more than ninety (90) days may be considered
by the City as constituting a material failure and
violation of the terms of the license.
Section 604. Required Approvals
The Licensee shall have the sole responsibility
for obtaining all consents, permits or other forms of
approval or authorization necessary to construct the
System prior to all construction. Fees for any such
consents, permits, or other forms of approval or
authorization are in addition to payments or
contributions made pursuant to this Ordinance. No
construction, reconstruction or relocation of the System,
or any part thereof, within the public streets shall
be commenced until written permits have been obtained
from the proper City officials. In any permit so issued,
such officials may impose such conditions and regulations
as a condition of the granting of the same as are
necessary for the purpose of protecting any structures
in the public streets and for the proper restoration
of such streets and structures, and for the protection
of the public and the continuity of pedestrian and
vehicular traffic.
Section 605. Cable Television System
Installation
(a) The System shall be located so as to cause
the minimum interference with the proper use of the
public streets and the property adjoining the streets
and shall not interfere with any gas, electric or
telephone fixture, water hydrant or main. During any
9332
41 -
work of constructing, operating or maintaining of the
System, the Licensee shall, at its own cost and expense,
protect any and all existing structures. The Licensee
shall restore any street, gas, electric or telephone
fixture, water hydrant or main, or municipal structure
it disturbs to as good a condition as before the
disturbance and shall maintain the disturbed street
in that condition, acts of God and reasonable wear and
tear_ excepted, for (1) year after restoration is
complete. If the Licensee fails to restore or maintain
as provided herein, the City may do so and the Licensee
shall be assessed and pay the cost of restoration or
maintenance.
(b) All wires, cables, amplifiers and other -
property shall be constructed and installed in an orderly
and workmanlike manner. All cables and wires shall
be installed parallel to existing telephone and electric
wires whenever possible. Multiple cable configurations
shall be arranged in parallel and bundled with due
respect to engineering and safety considerations. All
installations shall be underground in those areas of
the City where public utilities providing both telephone
and electric service are underground. In areas where
either telephone or electric utility facilities are
above ground at the time of installation, the Licensee
may install its service above ground with the
understanding that at such time as both facilities are
required to be placed underground by the City, the
Licensee shall likewise place its service underground
without cost to the City or the residents of the City
r 9332
42 -
other than as may be allowed under the provisions of
this Ordinance.
(c) The System shall be installed only on
property of the Licensee, on existing pole facilities
covered by utility approval, on property of a subscriber,
or on utility easements, rights -of -way or public streets
of the City. Installation of new poles is expressly
forbidden without the prior written consent of the City
Manager.
(d) The Licensee shall at all times install
and maintain its wires, cables, fixtures and other
equipment in accordance with the requirements of all
applicable building codes and regulations and electrical
safety ordinances, and in such a manner so as not to
interfere with any installations of the City, other
licensees or public utilities.
(e) The Licensee shall at all times keep and
maintain in a safe, suitable, substantial condition,
and in good order and repair, all of its structures,
lines, equipment and connections in, over, under and
upon the streets, sidewalks, alleys, and in public ways
or places of the City, wherever situated or located.
The Licensee shall place and at all times keep proper
guards, fences, barricades and watchmen, and at night
suitable and sufficient lamps for the prevention of
accidents.
(f) The Licensee shall, at its expense, protect,
support, temporarily disconnect, relocate or remove
any property of the Licensee located on public streets,
3 3 2?
- 43 -
rights -of -way and/or easements of the City, when required
by the City because of traffic conditions, public safety,
street vacation, freeway and street construction, change
or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, or any
other type of structures or improvements by the City
or for other good cause. If the Licensee fails to do
so, the City may cause the necessary work to be completed
and the Licensee shall be assessed and pay the City
the cost thereof within ten (10) days of receipt of
an itemized account of such cost.
(g) Upon termination of services to any
subscriber, the Licensee shall, upon request of the
subscriber, promptly remove its facilities and equipment
from the premises of such subscriber, provided, however,
that nothing contained herein shall be deemed to require
the Licensee to remove any of its facilities and
equipment that are located inside walls or that have
been placed underground.
(h) The Licensee, at the request of any person
holding a permit issued by the City, shall temporarily
remove, raise or lower its cables to permit the moving
of buildings or equipment. The expense of such temporary
removal, raising or lowering shall be paid by the person
requesting same and the Licensee may require such payment
in advance. The Licensee shall be given not less than
forty-eight (48) hours' advance notice to arrange for
such temporary cable changes. This provision shall
not apply to requests by the City, for which movement
there shall be no charge by the Licensee.
9332
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(i) The Licensee shall make every effort to
avoid the need to trim or prune trees or vegetation
protected by federal, state or municipal. law. If
necessary to trim or prune such vegetation, the Licensee _
shall seek written consent of the City Manager before
the Licensee prunes or trims the same. The Licensee
shall also obtain written consent of the owner of any
privately -owned tree or other vegetation before pruning
or trimming.
Section 606. Technical Standards
(a) The Licensee shall construct the System,
in accordance with the technical specifications and
performance standards set forth in the plan required
under Section 301 of this Ordinance, using materials
of good and durable quality. All work involved in
construction, installation, maintenance and repair of
the System shall be performed in a safe, thorough and
reliable manner.
(b) The Licensee shall fully comply with all
technical standards imposed by federal or state law
or regulations.
(c) The City Manager shall require periodic
tests of the technical performance of the System to
enforce full compliance with the City's minimum technical
specifications and performance standards as set forth
in the plan required under Section 301 of this Ordinance.
►'. 9
- 45 -
Section 607. State -of -the -Art
Technology
The Licensee shall undertake any construction
and installation as may be necessary to keep pace with
the latest developments in the state-of-the-art of the
cable industry, whether with respect to increasing
channel capacity, improving technical performance or
otherwise. All updating, expansion or rebuilding of
the System shall be accomplished so as to preclude
interruption of service under this license and shall
be subject to the approval of the City Manager. In -
addition to reviewing the Licensee's compliance with
this obligation at the mandatory reevaluation hearings
under Section 704 of this Ordinance, the City Commission
may at any time conduct a public hearing to determine
whether the Licensee has fully complied with its
obligation hereunder.
Section 608. Maintenance
(a) The Licensee shall put, keep and maintain
all parts of the System in good condition and repair
throughout the life of the license granted hereunder.
(b) The Licensee shall maintain a service and
repair force of competent technicians capable of
responding to subscriber complaints or requests for
service within twenty-four (24) hours after receipt
of each such complaint or request.
(c) Neither the Licensee nor its subsidiaries
and affiliates shall engage in the business of repairing
residential television receivers.
9332
ARTICLE VII: OVERSIGHT AND REGULATION
BY THE CITY
Section 701. City's Regulatory Authority
(a) The City shall have continuing regulatory
jurisdiction and supervision over the operation of the
license granted herein and may from time to time adopt
such reasonable rules and regulations or amend the
license in any manner that the City may deem necessary
in the exercise of its municipal powers for the conduct
of the System.
(b) The City may amend the license or this
Ordinance upon the application of the Licensee when
necessary to enable the Licensee to take advantage of
any developments in the field of cable television systems -
which will afford it an opportunity to serve its _
customers more effectively, efficiently and economically.
Section 702. Right of Inspection
The City through its representatives may inspect
the System at any time during construction or after
completion of the System. --
Section 703. Cable Communications Agency:
Establishment and Purpose
Within thirty (30) days after the effective
date of this Ordinance, the City Manager shall establish
under his jurisdiction a Cable Communications Agency
responsible for the administration of the terms and
conditions of the license granted herein, The City
Manager shall be Director of the Agency and the Agency
47 -
shall have such professional, technical and support
staff and capability as the City Manager deems necessary.
Funding for establishment and operations of the Agency
shall be appropriated by the City Commission.
Section 704. Mandatory Reevaluation
Hearinqs
(a) In accordance with the schedule specified
in Subsection (b) of this Section, the Licensee shall
submit a report to the City Manager with respect to
the .following areas, at a minimum:
(1) compliance with the Schedule for
Construction required by Section 601
of this Ordinance;
(2) compliance with the plan for technical
specifications and performance standards
required by Section 301 of this
Ordinance;
(3) development and support of the System's
access services and adequacy of public
access channel capacity;
(4) adequacy of local origination
programming;
(5) availability of leased channels and
adequacy of leased channel capacity;
(6) development of the System's interactive
capability;
hm
9332
(7) adequacy of the System's institutional
cable,
(8) application of state-of--the-art
technology in design and services of
the System;
(9) need to upgrade or modify the System
to provide benefits of technological
advances in the cable industry;
(10) stability of rate structure;
(11) establishment of training programs
and internships;
(12) achievements in local hiring and
purchasing, affirmative action, and
minority business enterprise
participation;
(13) responsiveness to customer complaints.
(b) The Licensee shall submit a report as
provided in Subsection (a) of this Section annually
from and after the effective date of this Ordinance
until such time as the System is completed to the
satisfaction of the City and written notice of such
satisfaction has been delivered to the Licensee by the
City Manager as provided in Section 602(c) of this
Ordinance. Following completion of construction and
delivery of written satisfaction, the Licensee shall
nest submit a report covering the subsequent two (2)
year period and thereafter, covering each subsequent
three (3) year period. The Licensee's reports shall
9332
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be made available to the public not later than April l
of the year following the time period covered by the
report,
(c) Within thirty (30) days after the Licensee's
report becomes available to the public, the City Manager
shall .review the Licensee's performance to determine
whether the Licensee has complied with the provisions,
obligations, terms and conditions of this Ordinance
and the license granted herein and shall submit a public
report to the City Commission setting forth specific
findings and recommendations and the facts and reasons
on which they are based. The City Commission, within
thirty (30) days after receipt of the City Manager's
report, shall hold a public hearing at which the City
Manager shall set forth and explain the findings and
recommendations contained in the report. The Licensee
shall have the opportunity to respond to the City
Manager's report and provision shall be made for
community comment.
(d) At the conclusion of the public hearings,
the City Commission shall vote on each of the
recommendations of the City Manager which require action
by the City and shall direct the City Manager to take
the appropriate steps to implement such action if
approved. -
Section 705. Construction Plan
and Reports
(a) The Licensee shall furnish the City Manager
with progress reports indicating in detail the status
9332
50
of construction of the System, in accordance with the
plan required under Section 601 of this Ordinance.
The first such periodic report shall be furnished within
six (6) months after the effective date of this Ordinance
and shall be updated monthly thereafter.
(b) Throughout the term of the license granted
hereunder, the Licensee shall file monthly with the
City Manager a report or log describing the use being
made, and the users, of channels outside the Basic
Subscriber Service.
Section 706. Reports to Director of
Finance
On or before each of the dates on which payments
pursuant to this Ordinance are to be made, and within
sixty (60) days after the expiration or cancellation
of the license granted herein, and at such other times
as the Director of Finance or the City Manager shall
designate, the Licensee shall furnish and deliver to
the Director and the City Manager a report of revenue
by service category and a reconciliation of that revenue
to the payments and contributions made to the City under
this Ordinance. Such report and reconciliation shall
be certified by the chief executive and chief financial
officers of the Licensee.
Section 707. Filings with Any Federal
or State Aaencies
Copies of all reports, petitions, or other
communications filed with any city, county, state or
federal agency pertaining to any aspect of operations
9332
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hereunder or the financial arrangements therefor, shall
be filed concurrently with the City Clerk and the City
Manager. Copies of any responses received by the
Licensee shall likewise be promptly filed.
Section 708. Annual Reports
(a) The Licensee shall submit a certified annual
report to the City Manager, in a form acceptable to
him, not later than one hundred five (105) days after
close of the fiscal year of the City. The annual report
shall include the following:
(1) A summary of the previous year's
activities and development of the
System, including status of
construction; technical performance
of the System; development of local
origination programming; development
of access services and facilities;
adequacy of the institutional network;
services begun or dropped; subscriber
gain or loss; statistics on penetration
by each service offered; development
of interactive capability; application
of state-of-the-art technology;
development of technological advances
in the industry; level of and response
to customer complaints; progress in
local hiring, affirmative action, and
minority business enterprise
participation; and development of
training programs and internships,
9332 r
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(2) Copies of audited financial statements
and such other documents as the City
Manager deems appropriate;
(3) A current statement of costs of
construction;
(4) A reconciliation of payments to the
City to the revenues as reported in
the Licensee's audited financial
statements;
(5) A list of officers, directors and
partners of the Licensee, MCI and
Americable;
(6) A complete reporting of any ownership
of one (1) percent or more of the
Licensee, MCI and Americable and changes
in percentage of ownership and changes
in sharing of any profits or losses
of the Licensee, MCI and Americable.
Section 709. Licensee's Office
(a) The Licensee shall maintain an office in
the City for so long as it continues to operate the
System or any portion thereof and hereby designates
such office as the place where all notices, directions,
orders, and requests may be served or delivered under
this Ordinance. The City Manager shall be notified
of the location of such office or any change thereof.
9332
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(b) The office required by Subsection (a) of
this Section shall be open during all usual business
hours, have a publicly listed telephone, and be so
operated as to receive subscriber complaints and requests
for repairs or adjustments on a twenty-four (24) hour
basis. A written log shall be maintained listing all
customer complaints and their disposition.
Section 710. Books and Records
(a) The Licensee shall keep complete and
accurate books of account and records of its business
and operations under and in connection with this license.
The Licensee shall maintain a system of accounting and
books and records that will allow for segregation of
the System from other businesses or operations of the
Licensee, its subsidiaries, affiliates and parents.
All gross revenues of the Licensee shall be billed by
the Licensee. The Licensee shall manage all of its
operations in accordance with a policy of totally open
books and records. The City shall have the right to
inspect at any time during normal business hours all
books, records, maps, plans, income tax returns,
financial statements, service complaint logs, performance
test results and other like materials of the Licensee
regarding the operation of the System. Access to the
aforementioned records shall not be denied by the
Licensee on the basis that said records contain
"Proprietary" information. The City Commission, the
City Manager, or the Director of Finance or their
representatives may examine the officers, directors,
9332 3 3 .�M E
♦1 R.l
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partners and employees of the Licensee, MCI or Americable
under oath respecting the Licensee's books and records.
(b) The City may require the Licensee to make
all such records available for audit at one (1) office
of the Licensee in Dade County, Florida, and the Licensee
shall provide space and office facilities, excluding
personnel, reasonably necessary for such audit.
Alternatively, the Licensee may choose, at its sole
option, to pay travel expenses, meals and lodging, and
other reasonable expenses of the auditor chosen by the
City, to make such inspection and audit at the various
offices within the United States or Canada, wherever —
such records are located.
(c) Any false entry in the books of account
or records of the Licensee, or false statement in the
reports to the City Commission, the City Manager, the
Director of Finance or their representatives, as to
a material fact, knowingly made by the Licensee, shall
constitute a material violation of the terms and
conditions of the Licensee's license and shall subject
the license to termination at the option of the City.
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ARTICLE VIII: RATES
Section 801. Rate Schedules
(a) Rates and charges for Basic Subscriber
Service and for installation of equipment shall not
exceed the amounts specified in Appendix C.
(b) Rates and charges for Auxiliary Services
shall not exceed the amounts specified in Appendix C.
(c) Rates and charges for leased services and
other services not covered by Subsections (a) and (b)
of this Section shall not exceed the amounts specified
in Appendix C.
Section 802. Filing of Rate
Schedules
(a) The Licensee shall file with the City
Manager and the City Clerk schedules which shall describe
all services offered, all rates and charges of any kind,
and all terms or conditions relating thereto. There
may be added to any authorized charges any applicable
gross receipts, sales, service or other similar taxes,
if any, but such added charges will not include the
license fee or use taxes. No rates or charges shall
be made except as they appear on a schedule filed
pursuant to this Section. _
(b) All rates, charges and terms or conditions
relating thereto shall be nondiscriminatory.
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Section 803. Subscriber Payment of —
Rates
(a) The Licensee may .refuse to furnish or —
discontinue furnishing service to a subscriber who fails
to pay installation fees or monthly service charges
when due, or for other good cause, but only after written
notice to that subscriber.
(b) The Licensee may require subscribers to
pay for the installation and for each month of Basic
Service in advance at the beginning of each month.
(c) Nothing in this Article shall be construed
to prohibit waiver or reduction of charges for initial
installation service, reconnection or other service
charges that are made on a nondiscriminatory basis for
promotional purposes.
Section 804. Disconnection
There shall be no charge for disconnection of
any installation or outlet. If any subscriber fails
to nay a properly due monthly subscriber fee or any
other properly due fee or charge, the Licensee may
disconnect the subscriber service outlet; provided,
however, that the subscriber has been given ten (10)
days' written notice of the intent to disconnect and
such notice was given not less than forty-five (45)
days after the due date of said delinquent fee or charge.
If a subscriber pays all outstanding fees and charges
prior to the expiration of the ten (10) day notice,
the Licensee shall not disconnect. After disconnection,
upon payment in full of the delinquent fee or charge
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and the payment of the reconnection charge, the Licensee
shall promptly reinstate a subscriber's cable service.
Section 805. Stability of Rates
Initial rates for all categories of Basic
Subscriber Service shall remain in effect for a minimum
of two (2) years from the date that construction of
the System is completed to the satisfaction of the City
and written notice of such satisfaction has been
delivered by the City Manager to the Licensee as provided
in Section 602(c) of this Ordinance.
Section 806. Power To Change -
Rate Schedule
Notwithstanding Section 805 and except as
otherwise provided by law, the City Commission may at
any time increase or decrease any rate or revise or
delete any tornn or condition applicable thereto upon
a determination, made after a public hearing following
notice to the Licensee, that such a change is in the
public interest.
Section 807. Changes to Rate Schedule by
Petition; Procedure; Approval
(a) At any time subsequent to the expiration
of the two (2) year period specified in Section 805
of this Ordinance, the Licensee may petition the City
Commission for a change in rates by filing a revised
or amended rate schedule which must include its
justification for said proposed new schedule. The
petition shall be filed with the City Commission and
the City Manager.
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(b) After receipt of the Licensee's petition
for a change in rates, the City Commission may call
for a public hearing on notice, which hearing shall
be held within sixty (60) days of receipt of said
petition and on at least thirty (30) days notice to
the Licensee. The Licensee, within ten (10) days of
notification by the City Commission of the Place and
time established for a hearing on the petition, shall
notify its subscribers of the day, place, and time by
announcement on at least two (2) channels of its
subscriber system, between the hours of 10:00 a.m. and
9:00 p.m., which announcement shall be made at least
twice each day for five (5) consecutive days, one (1)
of which times must be between 6:00 p.m. and 9:00 p.m. _
In addition, the Licensee shall include notice of its
intent to seek a rate adjustment and date of the hearing
on its petition, in a billing statement that occurs
within the sixty (60) day period after receipt by the
City Commission of the Licensee's petition. The notice
shall be in a form approved by the City Manager. If
the City Commission does not set a date for the hearing
on the petition within sixty (60) days after receipt
of the Licensee's petition, or if the City Commission
takes no affirmative action by either denying or
approving the proposed rate changes within one hundred
eighty (180) days following receipt of the Licensee's
petition, the proposed changes shall be deemed approved.
(c) The City Commission shall establish rates
which are fair and reasonable to both the Licensee and
its subscribers. In determining whether to approve,
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modify or disapprove rate adjustments, the City
Commission shall consider the following factors.,
(1) The Licensee's compliance with the
terms and conditions of this Ordinance
and the license granted herein;
(2) Quality of service, as indicated by
the number and type of service
complaints, the Licensee's response
to complaints, and the results of
periodic system performance tests;
(3) Prevailing rates for comparable services
in other cable systems of similar size
and complexity;
(4) Historical and prospective rate of
return on the Licensee's financial
investment and equity. The rate of
return shall be calculated on a
cumulative basis for all System revenues
and costs, including services such
as pay television. The City shall
have the right to request from the
Licensee such information as shall
be reasonably necessary to determine
revenues, costs and rate of return
of the System; and
(5) Performance of the Licensee in
introducing new services and expanding
the System's capability, as compared
to other systems of similar size and
complexity.
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(d) The Licensee's petition for rate change
shall include the following financial reports which
shall accurately reflect the results of operation of
the System.
(1) Balance sheet.
(2) Income statement.
(3) Statement of changes in financial
position.
(4) Detailed supporting schedules of
expenses, income, assets and other
items as may be required.
(5) Statement of current and projected
subscribers and penetration.
(6) Such other documents as the City may
request.
The documents listed in this Subsection shall include
sufficient detail or footnotes as may be necessary to
provide the City with all information needed to make
accurate determinations as to the financial condition
of the System. All financial statements shall be
prepared in accordance with Generally Accepted Accounting
Principles and certified as accurate by the chief
executive and chief financial officers of the Licensee.
(e) The City shall have access to the Licensee's
records of financial transactions for the purpose of
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61 -
verifying direct or indirect Costs prorated to the
System.
ARTICLE IX: COMPENSATION
Section 901. License Fee
(a) The Licensee shall pay to the City an annual
sum equal to five (5) percent of the annual gross
revenues of the System from all services in the City,
which sum shall be paid quarterly as provided in Section
902 of this Ordinance, except to the extent that such
sum shall be reduced by amounts paid under Subsection
(b) of this Section. The Licensee shall cooperate with
and assist the City in seeking any waivers necessary
for obtaining a fee in an amount higher than three (3)
percent. At such time as applicable laws and regulations
permit, the City Commission, upon recommendation of
the City Manager, may determine to impose a higher
license fee than five (5) percent, but in no event —
greater than ten (10) percent of the Licensee's annual
gross revenues.
(b) Notwithstanding the above payments required
in Subsection (a) of this Section, the Licensee shall
pay to the City a minimum quarterly payment of two
hundred twenty-five thousand dollars ($225,000.00),
to be paid as provided'in Section 902(a). Such payments
hereunder that are in excess of the five (5) percent
license fee, as provided for in Subsection (a) of this
Section, shall be credited against future license fee
payments due to the City by the Licensee in excess of
the minimum payment, as provided for in Section 902(b)
62
(c) Payments of compensation made by the
Licensee to the City pursuant to the provisions of this
Ordinance shall not be considered in the nature of a
tax.
Section 902. Payment Schedule
(a) The Licensee shall make the first minimum
quarterly payment under Section 901(b) of this Ordinance
and the quarterly portion of the annual contribution
under Sections 405 and 406 of this Ordinance on October
1, 1951. Thereafter, the Licensee shall make such
payments and contributions on the first (1st) day of
each January, April, July and October.
(b) The Licensee shall report, in such detail
as the Director of Finance may require, before the
twentieth (20th) day of each January, April, July and
October its gross revenues for the preceding calendar
quarter and shall remit therewith the amount by which
the amounts specified in Section 901(a) and Section
405 exceed the applicable minimums set forth in those
Sections.
Section 903. Payment of Costs
Within thirty (30) days of notice from the City,
the Licensee shall reimburse the City for all costs
incurred in connection with the award of the 'license
granted herein through the date of approval by the City
Manager of the plans required in Sections 301 and 601
of this Ordinance.
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Section 904, Late Payments
In the event that any payment is not made on
or before the applicable date fixed in Section 902,
interest on such payment shall apply from such date
at three (3) percent above the then prevailing prime
rate of interest.
Section 905. Delivery of Payment
All payments due the City shall be made to the
Department of Finance by certified check drawn on a
bank in the City. Payments shall be delivered to the
office designated therefor by the Director of Finance.
Section 906. Payments Due in Event of
Termination or Expiration
In the event the Licensee continues the operation
of any part or all of the System beyond the termination
or expiration of the license granted herein, it shall
pay to the City the compensation as set forth in this
Ordinance, at the rate in effect at the time of such
termination or expiration, and in the manner set forth
in this Ordinance, together with all taxes it would v
have been required to pay had its operations been duly
authorized.
Section 907. Alternative Fee Continqencies
(a) The Licensee shall pay to the City the
compensation required by this Ordinance regardless of
whether the FCC may subsequently impose a lower maximum
level of compensation.
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(b) Should any Court of competent jurisdiction —
or any legislative body declare this license invalid,
in whole or in material part, or make such a declaration
with respect to license fees, the City reserves the
right to terminate the license or amend this Ordinance
after public hearing and notice. Any rights the City
has under this Section are in addition to any other
rights the City may have under applicable law.
Section 908. Renewal Costs
The Licensee will pay to the City such reasonable
costs as may be directly incurred by the City in
connection with any renewal of this license, at such
time as the City may direct.
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ARTICLE X! LIABILITY; INSURANCE; PENALTIES
Section 1001. Securitv Fund
(a) Within ten (10) days after the effective
date of this Ordinance, the Licensee shall deposit with
the department of Finance and maintain on deposit the
sum of two million dollars ($2,000,000.00). At the
option of the City Commission, upon the recommendation
of the City Manager, such sum may be reduced to one
million dollars ($1,000,000.00) at the beginning of
the sixth year after the effective date of this Ordinance
and to five hundred 'thousand dollars ($500,000.00) at -
the beginning of the tenth year after the effective
date of this Ordinance. The security fund shalt be
used to insure the faithful performance by the Licensee
of all provisions of the license; compliance with all
orders, permits and directions of any agency, commission,
board, department, division or office of the City having
jurisdiction over its acts or defaults under the license;
and the payment by the Licensee of any claims, liens
and taxes due the City which arise by reason of the
construction, operation or maintenance of the System.
This sum shall be in addition to, and not in lieu of,
the construction performance and payment bonds required
by Section 602 of this Ordinance.
(b) The security fund shall be maintained at
the amount specified in Subsection (a) of this Section,
even if amounts have to be withdrawn pursuant to
Subsection (a) or (c) of this Section.
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(c) If the Licensee fails to pay to the City
any compensation within the time fixed herein or any
penalties exacted under Sections 1002 or 1003, or fails
to repay the City within ten (10) days, any damages,
costs or expenses which the City is compelled to pay
by reason of any act or default of the Licensee in
connection with the license, or fails, after three (3)
days' notice of such failure by the City, to comply
with any provision of the license which the City
reasonably determines can lie remedied by demand on the
security fund, the City may immediately withdraw the
amount thereof, with interest and any penalties, from
the security fund. Upon such withdrawal, the City shall
notify the Licensee of the arnount and the date thereof.
(d) Within ten (10) days after notice to it
that any amount has been withdrawn from the security
fund deposited pursuant to Subsection (a) of this
Section, the Licensee shall pay to, or deposit with,
the Department of Finance a sum sufficient to restore
such security fund to the amounts specified in Subsection
(a) of this Section. Failure to replenish the security
fund shall subject the Licensee to penalties as provided
in Section 1002 and the Licensee shall pay interest
on the amount by which the security fund has been reduced
at three (3) percent above the then prevailing prime
rate.
(e) The rights reserved to the City with respect
to the security fund are in addition to all other rights
of the City, whether reserved by the license or
authorized by law, and no action, proceeding or exercise
9332
- 67 -
of a right with respect to such security fund shall
affect any other right the City may have.
(f) The security fund deposited pursuant to
this Section shall become the property of the City in -
the event that the license granted herein is cancelled
or terminated by reason of the default of the Licensee.
The Licensee, however, shall be entitled to the return
of such security fund, or portion thereof, without
interest, as remains on deposit with the Department
of Finance at the expiration of the term of the license,
provided that there is then no outstanding default on -
the part of the Licensee. Upon transfer, assignment
or sale of the System within the term period specified
in Section 204(i) of this Ordinance, the Licensee shall
forfeit the security fund. -
(g) Except insofar as the sums deposited by
the Licensee with the City pursuant to this Section
may be withdrawn from the security fund or become the
property of the City as provided herein, the City shall
invest such sums in bank certificates of deposit, or
in such other interest -bearing accounts or instruments
as the City may select in its sole discretion, and the
Licensee shall be entitled to receive the interest
thereon.
Section 1002. Penalties Assessed Against
Licensee's Security Fund
For the violation of any of the following
provisions of this Ordinance, penalties shall be
chargeable to the security fund as follows:
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(1) For failure to commence construction
within six (6) months after the
effective date of the license, unless
the City Commission specifically
approves the delay due to the occurrence
of conditions beyond the Licensee's
control, the Licensee shall pay ten
thousand dollars ($10,000.00) per day
for each (Jay, or part thereof, that
such delay continues.
(2) For failure to complete System
construction or any part thereof in
accordance with the plan required under.
Section 601 of this Ordinance, unless
the City Commission specifically
approves the delay by motion or
resolution due to the occurrence of
conditions beyond the Licensee's
control, the Licensee shall pay ten
thousand dollars ($10,000.00) per day
for each day, or part thereof, that
the deficiency continues.
(3) For failure to provide data, documents,
reports or information, including
submission of the plans required by
Section 403 or 404 of this Ordinance,
or failure to cooperate with the City
during an application process or any
review of the performance of the
Licensee, the Licensee shall pay one
thousand dollars ($1,000.00) per day
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.•
for each ray, or part thereof, the
violation occurs or continues.
(4) For failure of the Licensee to comply
with operational or maintenance
standards required by this Ordinance,
the Licensee shall pay to the City
two thousand five hundred dollars
($2,500.00) per day for each day, or
part thereof, that such noncompliance
continues.
(5) For failure to make the start-up payment
to the community access corporation
under Section 403 of. this Ordinance
or to provide access facilities and
the necessary equipment and staff to
activate them, the Licensee shall pay
two thousand five hundred dollars
($2,500.00) per day for each day, or
part thereof, that such noncompliance
continues.
(6) For failure to provide in a continuing
manner the types of services and
programs required by this Ordinance,
the Licensee shall pay two thousand
five hundred dollars ($2,500.00) per
day for each day, or part thereof,
that each noncompliance continues.
(7) For failure to make any payments or
contributions under this Ordinance,
•
70 -
including the failure to replenish
the security fund, the Licensee shall
pay two thousand five hundred dollars
($2,500.00) per day for each day, or
part thereof, that such non-compliance
continues.
Section 1003. Other Penalties
and Remedies
(a) In addition to the penalties set forth
in Section 1002 of this Ordinance, the City Commission
may, in the event of the Licensee's individual willful
and/or repeated violation of any prevision of this
Ordinance or failure to take corrective action with
respect to a violation of any provision of the Ordinance --
(1) Impose a financial penalty, not to
exceed two thousand five hundred dollars
($2,500.00) per day or per incident;
(2) Require the Licensee to make payments
to its customers or classes of customers
in such amount and on such basis as
the City may deem reasonable; or
(3) Require the Licensee to correct or
otherwise remedy the violation prior
to any rate increase becoming effective.
Financial penalties assessed under this
Subsection may be charged to the Licensee's security
fund.
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(b) I£ the City Manager deems it necessary
or appropriate, the City may hire, at the Licensee's
expense, an independent auditor to audit the Licensee.
(c) In determining which penalties or remedies
for Licensee's violation are appropriate, the City
Commission shall take into consideration the nature
of the violation; the person or persons bearing the
impact of the violation; the nature of the remedy
required in order to prevent .further such violations;
and such other matters as the City Commission may deem
appropriate.
Section 1004. Procedure for
Assessing Penalties
Penalties shall be assessed in accordance with
the following procedures:
(1) The City Manager shall notify the
Licensee in writing of the alleged
violation. The Licensee shall be
allowed not more than thirty (30) days,
or such other amount of time as the
City Manager may specify, to correct
such violation or to present facts
and argument in refutation of the
alleged violation.
(2) If the City Manager then concludes
that there is a basis for assessment
of a penalty or penalties pursuant
to Sections 1002 and/or 1003 of this
Ordinance, he shall notify the Licensee
thereof.
72
(3) If within the designated time the
Licensee does not remedy and/or put
an end to the alleged violation, the
City Manager may direct the assessment
of penalties pursuant to Sections 1002
and/or 1003 of this Ordinance, if he
determines that such action is
warranted, and shall submit a report
to the City Commission with respect
thereto.
Section 1005. Liability; Indemni.f_ication;
Insurance
(a) The Licensee shall hold the City harmless
and shall pay any and all damages which the City may
be required to pay as a result of granting any right
and/or authority under this Ordinance or any subsequent
resolution or ordinance, including but not limited to
all liability, costs, expenses or damages arising out
of copyright infringement or arising out of the
installation or operation of the Licensee's System
whether or not any act or omission complained of is
authorized, allowed or prohibited by this Ordinance
and irrespective of any negligence or fault of the City,
its agents or employees. It is a condition of this
license that the City shall not and does not by reason
of this Ordinance assume any liability of the Licensee
whatsoever for injury to persons or damage to property.
(b) The Licensee shall hold harmless and
indemnify the City against any and all losses or
3
9332
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liability arising from the Licensee's actions under
this Ordinance or the license granted herein. The
Licensee shall have no recourse against the City for
any loss, liability or damage arising from this license.
(c) The Licensee shall pay all reasonable
expenses incurred by the City in defending itself with
regard to claims described in Subsections (a) and (b)
of this Section, including but not limited to all out-
of-pocket expenses, attorney fees for outside counsel,
the reasonable value of any services rendered by the
City Attorney, his assistants, or outside counsel, or
by any employee of the City.
(d) Within ten (10) days after the effective
date of this Ordinance, the Licensee at its expense
shall --
(1) maintain in effect a comprehensive
general liability policy in the amounts
of not less than one million dollars
($1,000,000.00) bodily injury coverage
and one million dollars ($1,000,000.00)
property damage resulting from any
one (1) occurrence. The City shall
be named as an additional insured;
(2) maintain in effect automobile liability
insurance policies covering all owned,
nonowned hired vehicles, in the amounts
of not less than one hundred thousand
dollars ($100,000.00)/three hundred
thousand dollars ($300,000.00) for
74 -
bodily injury and one hundred thousand
dollars ($100,000.00) property damages;
(3) maintain in effect a general liability
policy in the amount of not less than
one million dollars ($1,000,000.00)
for liability that may arise from or
be occasioned by any matter contained
in or resulting from the transmission
of any communication over the System;
(4) maintain statutory workers' compensation
insurance.
(e) All insurance required above shall be issued
by companies authorized to do business under the laws
of the State and be countersigned by a local insurance
agent or broker domiciled in Dade County, Florida.
The minimum qualifications as to management and financial
strength of the insurance companies are to be rated
a minimum of Capital A: Class X, or above, in accordance
to Best Key Rating Guide, Latest Edition. Certificates
of insurance providing evidence of the above coverage
shall be furnished to the City's risk management division
of the Department of Finance with copies filed with
the City Clerk's office and the City Manager.
(f) The City Commission reserves the right
to increase at any time the amount of insurance coverage
to be obtained pursuant to this Section. Nothing herein
is intended as a limitation on the extent of any legal
liability of the Licensee.
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ARTICLE XI: PURCHASING, TRAINING AND
EMPLOYMENT REQUIREMENTS
Section 1101. Local Purchasing Arid
Hirinq Policv
Insofar as practicable, the Licensee shall employ
residents of, and shall utilize firms located in, the
City in connection with the construction, installation,
operation and maintenance of the System and the purchase
of materials, equipment and supplies.
Section 1102. Licensee's Responsibility
Not To Discriminate
(a) The Licensee will not refuse to hire or
employ, nor bar or discharge from employment, nor
discriminate against any person in compensation or in
terms, conditions or privileges of employment because
of age, race, creed, color, national origin, sex,
physical or mental handicap or marital status.
(b) The Licensee shall comply at all times
with all other applicable federal, state and City laws,
and all executive and administrative orders relating
to nondiscrimination.
Section 1103. Equal Employment Opportunity
(a) The Licensee shall make a positive and
good -faith effort to hire minorities, women and other
protected groups if available and qualified. To carry
out this policy, the Licensee shall submit to the City
Manager for approval a written Affirmative Action Plan,
including annual goals and timetables, within ninety
(90) days from and after the effective date of this
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76 -
Ordinance. The Affirmative Action Plan shall apply
to all employment actions, including advertising,
recruiting, hiring, promotion, transfer, remuneration,
selection for training, company benefits, disciplinary
action, lay-off and termination.
(b) The Affirmative Action Plan shall provide
that the Licensee will make reasonable and good -faith
efforts to achieve a representative work force so that,
within three (3) years from the effective date of this
Ordinance and throughout the balance of the license
term, the percentage of each minority/sex group within
each level of employment must reasonably approximate
or be equal to the racial and ethnic composition of
the City. "Each level of employment" as used in the
preceding sentence includes top management, middle
management and supervisory and technical positions.
(c) Assurance of equal employment opportunity
and promotion of effective affirmative action shall
be the responsibility of each manager and supervisor
within the Licensee. All officers, executives, managers,
and administrative and supervisory personnel of the
Licensee shall be directed to participate in the
Licensee's affirmative action efforts.
(d) Any significant subcontractor of the
Licensee or a parent, subsidiary or affiliate of the
Licensee that does not already have an affirmative action
plan which would cover its activities in Miami shall
submit to the City Manager a plan for its operations
on behalf of the Licensee, consistent with the spirit
of this Section.
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(e) The Licensee shall submit semi-annual
reports reflecting its progress toward meeting annual
goals until completion of construction, Thereafter,
such reports shall be made annually. If the City Manager
determines the Licensee has not made a good --faith effort
to meet its annual goals or its three (3) year goal,
the City Manager may assess such penalties, including
financial penalties, as lie deems appropriate•
Section 1104. Employment Training Programs
(a) The Licensee shall, during the entire term
of the license, conduct a job skills and training program
to train City residents, particularly unskilled and
semiskilled minority youth, for employment in the cable
industry and the Licensee. At a minimum, the training
program shall include the following programs or their
equivalents:
(1) A cable job training center;
(2) Employee on-the-job training courses
funded on a continuing basis
(3) An internship program for Miami
students, with a minimum of ten (10)
internships annually in the clerical,
technical and management job
classifications; and
A management training program in all
facets of cable system management.
The participants in the training programs shall be
representative of the racial and ethnic composition
of the City.
(b) within ninety (90) days from and after
the effective date of this Ordinance, the Licensee shall
submit to the City Manager for approval a detailed plan
for the establishment of and budget for the training
programs referred to in Subsection (a) of this Section.
Section 1105. Human Resource Development
The Licensee shall cooperate and coordinate
its efforts with respect to the establishment and
implementation of its employment training program with
the City's similar programs.
Section 1106. Minority Business Enterprise
Participation Policy
(a) The Licensee shall make reasonable and
good -faith efforts to procure from or use, on an annual
basis during the term of this license, qualified minority
business enterprises, as defined below, for twenty (20)
percent of the total dollar amount of any and all
contracted expenditures by the Licensee, including
without limitation contracts for the acquisition of
goods, services, materials, supplies and equipment used
in the construction, maintenance and operation of the
System, but excluding factory direct purchase terms
or items purchased from a sole source of supply. A
"minority business enterprise" shall mean a business
at least fifty-one (51) percent of which is owned by
9332
- 19 -
minorities or, in the case of a publicly owned business,
at least fifty-one (51) percent of the stock of which
is owned by minorities and whose management and daily
business operations are controlled by one or more such
individuals.
It is presumed that the twenty (20) percent
figure shall be allocated equally among minority business
enterprises whose ownership or management is black and
among those whose ownership or management is Hispanic.
(b) Where a minority business enterprise is
otherwise qualified, but cannot obtain necessary bonding
or insurance, the Licensee shall provide or obtain such
bonding or insurance and transfer the cost to the
minority business enterprise.
Section 1107. Nondiscriminatory
Investment Policy
The Licensee shall make reasonable and good -
faith efforts to attract minorities as investors or
groups of investors in the Licensee.
9332
ARTICLE XII: TERMINATION AND EXPIRATION
Section 1201. Termination
The license granted hereunder may be terminated
prior to its expiration if the City Commission finds,
in accordance with the procedures set forth in Section
1202 of this Ordinance, that any of the following has
occurred:
(1) The Licensee has failed to comply with,
or, by act or omission, has violated
any material term or condition of this
Ordinance or any reasonable order,
direction or permit issued by the City
pursuant to such material term or
condition or any rule or regulation
promulgated by the City which is
reasonable in light of, and consistent
with, any term or condition of this
Ordinance, or if the Licensee
persistently fails to comply with any
term or condition of this Ordinance
or any reasonable order, direction,
or permit issued by any City pursuant
to any provision of this Ordinance,
except where such failure or violation
is a result of circumstances beyond
the Licensee's control or through
excusable neglect, and if curable,
has been cured prior to the public
hearing required by Section 1202.
9332
For the purpose of this Subsection,
financial reasons alone shall not be
considered a circumstance beyond the
Licensee's control.
(2) Any provision of the license has become
invalid or unenforceable and the City
Commission finds that continuation
of the license, in light of the
invalidity or unenforceability of such
provision, is not in the public
interest.
(3) The Licensee has made an assignment
for the benefit of creditors.
(4) A receiver or trustee has been appointed
to take over and conduct the business
of the Licensee whether in receivership,
bankruptcy, reorganization or other
action or proceeding, unless such
receiver or trustee has complied with
the terms and conditions of this
Ordinance and remedied all defaults
hereunder and executes an agreement,
duly approved by a court of competent
jurisdiction, whereby such receiver
or trustee agrees to comply with and
be bound by each and every provision
of this Ordinance.
(5) The System, or any part thereof, is
inoperative for ten (10) consecutive
9332
days or for thirty (30) days out of
any consecutive twelve (12) months.
Section 1202, Procedure for Termination
The license granted hereunder may be terminated
in accordance with the following procedures.,
(1) The City Manager shall notify the
Licensee in writing of the alleged
violation constituting a ground for
termination and give the Licensee thirty
(30) days, or such other amount of
time as the City Manager may specify,
to correct such violation or to present
facts and argument .in refutation of
the alleged violation.
(2) If the City Manager then concludes
that there is a basis for termination,
he shall notify the Licensee thereof.
(3) If within the designated time the
Licensee does not remedy and/or put
an end to the alleged violation, the
City Commission, after a public hearing
on thirty (30) days' notice, may direct
the termination of the license if it
determines that such action is
warranted.
Section 1203. Termination upon Street
Closinqs
If all or any part of the public streets within
the City are closed or discontinued as provided by
9332
statute, then the license granted pursuant to this
Ordinance, and all privileges hereunder with respect
to said streets or any part thereof so closed or
discontinued, shall terminate upon the date of the
adoption of the map closing and discontinuing such
streets, and the Licensee shall not be entitled to
damages from the City due to the closing or
discontinuance of such streets or for injury to any
part of the System in the streets or for the removal
or relocation of the saine.
Section 1204. Termination upon
Condemnation
If the System is taken or condemned pursuant
to law, this license shall, at the option of the City
Commission, terminate on the date of the vesting of
title pursuant to such taking or condemnation and any
award to the Licensee in connection with such taking
or condemnation shall not include any valuation based
on the license granted pursuant to this Ordinance.
Section 1205. City's Right To Acquire
or To Transfer Ownershi
(a) Upon termination or expiration, the
Licensee, upon notification from the City Manager, shall
remove the System, or that part thereof that the City
determines should be removed, within a reasonable time
and shall restore the streets or premises to
substantially the same condition as before such removal
unless the City elects to acquire the property of the
Licensee or unless the City elects to require the
9332
transfer of the property of the Licensee in accordance
with Subsection (b) of this Section. If the Licensee
fails to do so, the City shall have the right to remove
the property of the Licensee and restore the premises
at the Licensee's expense.
(b) Upon termination or expiration of the
license granted hereunder, the City may require the
transfer of the System to the City or its designee.
The purchase price to the City for the System shall
be its then fair market value. Beginning within two
years prior to expiration and whether or not the City
has elected to purchase the System, either the City
or the Licensee may demand a valuation of the System
on the date of such demand, which determination shall
be subject to correction or adjustment to reflect the
fair market value on date of expiration, to be paid
by the City if it elects to purchase the System. Such
fair market value shall be the fair market value of
all tangible and intangible property forming part of
the System but shall not include any valuation based
upon this license or good will. Such fair market value
shall be based upon an appraisal and audit of the System
conducted by an outside appraiser who is mutually
agreeable to the City and the Licensee. In the event
that the City and the Licensee cannot agree upon an
appraiser, each shall retain its own appraiser and the
appraisal reports shall form the basis of the price
the Licensee shall receive. If the City and the Licensee
are unable to agree on the fair market value, or upon
the terms of payment, the matter shall be submitted
9332
w
to arbitration pursuant to Section 1208 of this Ordinance
for determination of such fair market value or terms
of payment. In the event that the City elects to
purchase the System, the Licensee shall supply the City
with all necessary records to operate the System,
including, but not limited to, subscriber records and
plant and equipment layout documents, and the City may,
at its option, elect to enforce on its own behalf some
or all employment contracts held by the Licensee.
Section 1206. Continuity of Service
If control or ownership of the Licensee, its
subsidiaries, affiliates or parents changes, or if the
City revokes, terminates, or fails to renew a license,
or if the City elects to purchase the System, the
Licensee shall continue to operate the System or
cooperate with the City or its designee in operating
the System until an orderly change of operation is
effectuated. If the City elects to purchase the System,
the Licensee shall promptly execute all appropriate
documents to transfer title to the City, and shall assign
all other contracts, leases, licenses, permits and any
other rights necessary to maintain continuity of service
to the public. In the event the Licensee fails to
operate the System for five (5) consecutive days without
first obtaining prior approval of,the City Commission,
the City or its agent may operate the System until such
time that a new operator is selected.
9332
Section 1207. Operation of Other Termi-
nated Licensee's System
Upon the termination by the City Commission,
or upon the expiration of any license to construct,
maintain and operate a broadband communications facility,
the City Commission may, by resolution, direct the
Licensee to operate the same for the account of the
City for a period of six (6) months and the Licensee
agrees to comply with such direction. The City shall
pay the Licensee all reasonable and necessary costs
incurred by it in operating such broadband communication
facility.
Section 1208. Board of Arbitration;
Hearings; Expenses
(a) Any controversy, claim or dispute as to
the determination of fair market value of the System
as called for under Section 1205 of this Ordinance shall
be referred to a board of arbitration which shall consist
of one (1) member appointed by the Licensee, one (1)
member appointed by the City Commission, and the third
member to be a disinterested party appointed by agreement
of the other two (2) members.
(b) Demand for arbitration may be made by the
Licensee or the City by written notice sent certified
mail, return receipt requested. Notice of demand to
the City shall be served on the City Manager. Notice
of demand to the Licensee shall be served upon the
Licensee by mailing to the address furnished the City
by the Licensee. The demand shall state the controversy,
claim or dispute of facts.
(c) Upon the failure of either party to appoint
an arbitrator within fifteen (15) days of receipt of
notice of demand for arbitration, or upon the failure
of the two (2) selected arbitrators to select a third
arbitrator within fifteen (15) days after their
appointment, either party may apply to the American
Arbitration Association for the appointment of an
arbitrator or arbitrators.
(d) The board of arbitration shall hold a
hearing on the controversy, claim or dispute of facts
stated in the demand for arbitration, which hearing
shall be held within thirty (30) days after appointment
of the last arbitrator, and after fifteen (15) days'
notice thereof given to both parties by the arbitrators
by certified mail, return receipt requested. The
hearing, if not concluded, may be adjourned from time
to time. The board of arbitration shall consider
evidence offered by the parties relevant to the
controversy, claim or disputed facts, and may swear
witnesses. Testimony shall be taken and transcribed
by a court reporter. The record of the hearings, the
decision of the board of arbitration, and the dissent
of any one of them shall be filed with the City Clerk.
The decision of the board of arbitration may be rendered
by any two of them and any one of the arbitrators may
render a dissent. The decision and dissent must be
limited to the controversy or claim and based on findings
of fact. The Licensee and the City Commission shall
accept the decision of any two (2) of the arbitrators,
unless that decision is overridden by a four -fifths
(4/5) vote of the City Commission.
9332
(e) Expenses of arbitration, including without
limitation, costs of notices and services thereof, fees
of arbitrators and witnesses, but not of legal counsel,
and the cost of taking and transcribing testimony shall
be charged proportionately between the parties as the
board of arbitration may deem equitable and just, but
in no event shall the City pay more than half of such
costs and expenses.
9332
ARTICLE XIII: RENEWAL
Section 1301. Procedure for Renewal
of License
(a) Not less than eighteen (18) months prior
to the expiration of the license granted hereunder,
but not more than twenty-four (24) months prior to such
expiration, the Licensee shall notify in writing the
City Commission and the City Manager of its intention
to seek renewal of the license. The City Commission,
after submission to it of a report by the City Manager
as provided in Subsection (c) of this Section, shall
review the performance of ti-le Licensee to determine
whether to grant renewal under Subsection (d) of this
Section.
(b) Upon receipt of the Licensee's renewal
notification, the City Manager, after giving public
notice, shall initiate an investigation to determine
whether the Licensee has satisfactorily performed its
obligations under the license. To determine satisfactory
performance, the City Manager shall look at the technical
developments and performance of the System, programming,
other services offered, cost of service, and any other
requirement set forth in this Ordinance. The City
Manager shall conduct a special inquiry into whether
the Licensee has provided equipment, facilities and
personnel to aid access channel users, as required by
this Ordinance. The City Manager shall also consider
the Licensee's annual reports made to the City or the
FCC. Provision shall be made for community comment
on all areas of performance by the Licensee.
9332
(c) Within four (4) months after receipt of
the Licensee's renewal notification, the City Manager
shall prepare and submit a public report to the City
Commission setting forth the results of the investigation
required by Subsection (b) of this Section. The City
Manager shall submit recommendations to the City
Commission in regard to:
(1) renewal. of the license and term of
renewal;
(2) changes to the license; and
(3) amendments to this Ordinance.
(d) Within forty-five (45) days after receipt
of the City Manager's report required by Subsection
(c) of this Section, the City Commission shall hold
a public hearing on notice on the question of renewal
of the license. If the City Commission finds the
Licensee's performance satisfactory, the license may
be renewed or a new license granted subject to terms
and conditions approved by the City Commission.
(e) In the event the City Commission determines
that the Licensee has performed unsatisfactorily, new
applicants may be sought and these applicants evaluated
by the City Manager and a license award made by the
City Commission according to cable television licensing
procedures adopted by the City Commission.
9332
91 -
ARTICLE XIV: SUBSCRIBERS' RIGHTS
Section 1401. Licensee's Obligation To
Provide Service
(a) The Licensee shall not deny service, deny
access► or otherwise discriminate against subscribers,
channel users, or general citizens of the City on the
basis of race, color, religion, ancestry, national
origin, age, sex, marital status or physical or mental
handicap.
(b) The Licensee is required, throughout the
license term, to provide and maintain service to all
subscribers, except as otherwise provided herein.
Section 1402. Subscribers' Right To
Own Equipment _
The Licensee shall not interfere with a
subscriber's right to own any equipment necessary for
the receipt of cable television services and shall
provide to such subscribers reduced service rates in
accordance with the schedules set forth in Appendix G
of this Ordinance. The Licensee shall not willfully
make its equipment incompatible with publicly available
equipment or deny independent program producers access
to its equipment or the right and ability to install
other equipment for the use of subscribers.
Section 1403. Subscribers' Right To
Receive Over -the -Air
Signals
The Licensee is prohibited from interfering
with a subscriber's right to utilize his or her
9332
92 --
television receiver to receive over -the -air signals
or other television programming made available through
MATV systems, direct broadcast satellite systems,
multipoint distribution systems or otherwise.
Section 1404. Obligation To Maintain
Vigilance Aqainst Abuses
The Licensee shall maintain constant vigilance
with regard to possible abuses of the right of privacy
or other human rights of any subscriber, programmer,
or general citizen resulting from any device or signal
associated with the System.
Section 1405. Subscribers' Right upon
Failure of Service
(a) In the event that service to any subscriber
is interrupted for forty-eight (48) or more consecutive
hours, except for reasons beyond the control of the
Licensee, and except in circumstances for which prior
approval of the interruption is obtained from the City,
the Licensee shall provide a twenty (20) percent rebate
of the monthly fees to affected subscribers upon the
subscriber's request.
(b) In the event that service to any subscriber
is interrupted for seventy-two (72) or more consecutive
hours, except for reasons beyond the control of the
Licensee, and except in circumstances for which prior
approval of the interruption is obtained from the City,
the Licensee shall provide a one hundred (100) percent
rebate of the monthly fees to affected subscribers upon
the subscriber's request.
I
9332
-- 93 -
(c) In cases where service is interrupted due
to acts beyond the control of the Licensee that the
Licensee cannot foresee, subscriber service charges
shall be suspended from the time the Licensee has actual
or constructive notice of the interruption until service
has been restored, without any additional penalty to
the Licensee.
(d) For purposes of computing the time of
interrupted service, said time shall begin when a
complaint for interrupted service is received by the
Licensee or when the Licensee has actual or constructive
notice of the interruption.
Section 1406. Local Subscriber Service;
Handling of Complaints
(a) All. subscriber complaints regarding quality
of service, equipment malfunctions and similar matters
shall be acted upon by the Licensee as soon as possible,
but in no event more than two (2) business days from
the date of receipt. The Licensee shall give each
subscriber written notice of these complaint procedures
on initial subscription to the System and at least once
a year thereafter, which notice shall include complaint
telephone numbers.
(b) Except where there exists an emergency
situation necessitating a more expedited procedure,
the Licensee may interrupt service, for the purpose
of repair or upgrading of the System, only during periods
of minimum use, and only after a minimum of forty-eight
(48) hours' notice to its subscribers.
• 9332
(c) The Licensee shall keep a record of and
investigate all complaints from subscribers. Such
records shall identify the subscriber, his address, _
the nature location
o Lion and date of the complaint, and --
a technician's report on the disposition of the
complaint. The City may, at any time, inspect the
subscriber complaint records of the Licensee. Upon
request from the City, the Licensee shall, within seven
(7) days after receiving such request, send a written
report to the City with respect to any complaint. The
report to the City shall provide a full explanation
of the investigation, finding and corrective steps taken
by the Licensee.
(d) Where subscriber complaints have not been
resolved within two (2) business days, as provided in
Subsection (a), the City Manager or his designee is
empowered, among other things, to adjust, settle or
compromise any controversy arising from operations of
the Licensee in accordance with the best interest of
the public, and with due regard to the respective
interests of the subscriber and the Licensee. In cases
in which requests for service have been ignored or
unfilled for whatever reason, the City Manager shall
have the power to compel the Licensee to comply with
all such reasonable requests as the City Manager may
determine. No adjustment, settlement or compromise
instituted by the City Manager shall be contrary to
the provisions of this Ordinance or of this license,
and the City Manager, in the adjustment, settlement
or compromise of any controversy, shall not have the
-- 95
right or authority to add to, modify or delete any
provision of this Article or of the license.
(e) In all situations where service is
interrupted, the Licensee shall notify the City Manager
immediately.
Section 1407. Subscriber Privacy; Use of Data
(a) The Licensee shall not initiate or use
any form, procedure or device for procuring information
or data from subscribers' premises by use of the System
without prior valid written authorization from each
subscriber so affected. Valid authorization shall mean
written approval from the subscriber of the specific
use or purpose for which the information is sought.
Said authorization shall not have been obtained from
the subscriber as a condition of service. Further,
it shall be unlawful for the Licensee, without such
authorization, to activate or utilize any upstream
transmission path in any manner from the subscriber's
premises. In any case the subscriber shall have the
right and opportunity to deactivate the return path
from the subscriber's premises. Nothing herein contained
shall prohibit the Licensee from utilizing the upstream
path for billing purposes and to verify the integrity
and performance of the System. All information utilized
for these purposes shall be destroyed once the billing
purpose or performance test is completed.
(b) The City or the Licensee shall not, without
prior valid written authorization from each subscriber
so affected, provide any data identifying subscriber's
9332
name or address to any person except as required by
law.
(c) No authorization for procurement or
dissemination of subscriber -identifiable information
or data shall be valid unless it does the following:
(1) Specifies the type or types of
information or data covered; and
(2) Identifies the parties authorized to
collect, receive, store, record,
transmit or otherwise convey this
information or data.
All authorizations sizall specify the maximum period
of time that any subscriber -identifiable information
or data shall be preserved in any manner or form.
(d) A written copy of all subscriber -
identifiable information or data which is retained and/or
disclosed and the disposition of this information or
data, together with any explanation necessary to make
it understandable to the subscriber, shall be provided
to the affected subscriber within thirty (30) days of
procurement. Further disclosure shall be fully detailed
in writing to the affected subscriber within thirty
(30) days of such disclosure.
Section 1408. Remedies To Ensure
Licensee Accountabilit
The Licensee shall compensate each affected
individual subscriber for a violation of Section 1407
of this Ordinance by providing, without charge, services
9332
97 ..
equivalent in value to one (1) year's charge for Basic
Service. This compensation shall be in addition to,
not in lieu of, all rights and remedies available to
such subscriber under applicable law.
Section 1409. Information Management
Requirements
(a) Before the System becomes operational,
the Licensee shall submit plans to the City Manager
with respect to how the Licensee will protect the
security of viewer information from unauthorized use
or eavesdropping, and shall not commence operation of
the System until such plans have been approved by the
City Manager. Any modification of these plans must
be approved by the City Manager.
(b) Before any new service is provided on the
System, the Licensee shall make certain that the security
plan required by Subsection (a) of this Section provides
adequate security for the new service. If the new
service requires additional security needs not covered
by the original plan, the Licensee must submit a modified
security plan to the City Manager for approval.
Section 1410. Individual Access
Upon request from any individual subscriber,
the Licensee shall provide the subscriber with the
viewing record kept on him, until that information is
destroyed according to provisions set forth elsewhere.
M
9332
Section 1411. Interest on Subscriber
Deposits
The Licensee shall pay interest at the annual
rate of eight (8) percent on any deposit required of
a subscriber. The Licensee may elect to pay such
interest in the form of credits to subscriber accounts.
l
9332
ARTICLE XV: MISCELLANEOUS
Section 1501. Incorporation of
Appendices
Appendices A, B and C referred to herein which
are attached hereto, and the plans required by Sections
301 and 601 of this Ordinance that shall become
Appendices upon approval by the City Manager as specified
hereunder, shall be incorporated herein by reference
and expressly made a part of this Ordinance.
Section 1502. Notice
Every notice to be served upon the City or the
City Commission shall be delivered, or sent by certified
mail (postage prepaid), to the Mayor, the City Manager
and the City Clerk. The delivery or mailing of such
notice, direction, or order shall be equivalent to direct
personal notice, direction, or order, and shall be deemed
to have been given at the time of delivery.
Section 1503. Identification Cards
All employees of the Licensee, MCI or Americable,
whose employment relates to the construction, operation
or maintenance of the System shall be required to carry
an identification card and present same to any subscriber
upon request when entering the premises of such
subscriber for the purpose of providing service or
otherwise.
9332
100
Section 1504. Subsequent Action by
State, County or Federal
Authorities
Should the State of Florida, Dade County, the
FCC or any other agency of the federal government
subsequently require the Licensee to perform any act
which is inconsistent with any of the provisions of
this Ordinance or cease to perform any act required
by this Ordinance, the Licensee shall so notify the
City. Upon receipt of such notification, the City shall
determine if a material provision of the Ordinance is
affected. Upon such determination, the City shall have
the right to modify, amend, delete or otherwise change
any of the provisions herein to such reasonable extent
as may be necessary to carry out the full intent and
purpose of this Ordinance. In the event that the City
does not make such modification, the Licensee agrees
to continue to conform to the provisions of this
Ordinance until such time as the authority of such state,
county or federal agency to require the Licensee to
act in a manner inconsistent with this Ordinance shall
have been finally adjudicated by the courts. The City
may cancel, terminate or amend the license granted
hereunder in the event the City determines that
substantial and material. compliance with the original
terms of the Ordinance has been frustrated by any such
state, county or federal requirement.
Section 1505. Rights and Remedies
Cumulative
The rights and remedies set forth in this
Ordinance are cumulative and shall be in addition to
9332
1
101
and not in derogation of any other right or remedies
which the parties may have with respect to the subject
matter of this Ordinance and a waiver thereof at any
time shall not affect any other time.
Section 1506. City's Right of
Intervention
The City hereby reserves to itself, and the
Licensee acknowledges the City's right to intervene
in any suit, action or proceeding involving the license
granted hereunder or any provision in this Ordinance.
Section 1507. Obligation To Obtain
_y Operating Authorization
The Licensee shall file requests for all
necessary operating authorization with Dade County and
the FCC within sixty (60) days from the effective date
of this Ordinance.
Section 1508. Change in Definition
of Term "Minority"
From time to time, the City Manager may recommend
to the City Commission that the definition of the term
"minority" be expanded to include additional groups.
Section 1509. Filings with the City
Manager
All documents required by this Ordinance to
be filed with the City Manager shall be filed with him
in his capacity as City Manager and Director of the
Cable Communications Agency.
9332
102 -
Section 1510. Severability
If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and,
except as otherwise expressly provided herein, such
holding shall not affect the validity of the remaining
portions thereof. This Section shall not be construed,
however, to prevent the City from determining that any
such provision constitutes a material provision to this
Ordinance and, in the City's discretion, terminating
the license upon any such holding.
Section 1511. Supremacy of Ordinance
This Ordinance shall govern the obligations
of the Licensee with respect to the license granted
hereunder. In the event of any conflict or inconsistency
between this Ordinance, and Ordinance No. 9223 or any
other applicable law, this Ordinance shall govern.
Section 1512. Codification
It is the intention of the City Commission and
it is hereby ordained that the provisions of this
Ordinance shall become and be made a part of the Code
of Ordinances of the City of Miami, Florida. The
sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word
"Ordinance" may be changed to "Article" or "Section,"
or to any other appropriate word as the codifier deems
proper.
►0332
- 103 --
PASSED ON FIRST READING BY TITLE ONLY this XY
day of , 1981.
PASSED AND ADOPTED ON SECOND AND FINAL READING
BY TITLE ONLY this _/,q day of , 1981.
l s/-7i7Ctcv� q. o
M A Y 0 .R
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
Geo e F. Knox, Jr.
CitV lAttorney
9332
1
TOPICAL INDEX
Page
ARTICLE I:
GENERAL .................................
2
Section
101.
Short Title .......................
2
Section
102.
Definitions .......................
3
ARTICLE II:
GRANT OF NONEXCLUSIVE LICENSE•',.........
9
Section
201,
Nature of License .................
9
Section
202.
Term.* . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Section
203.
Licensee's Acknowledgment
of City's Police Powers...........
10
Section
204.
Limitations upon Licensee.........
11
Section
205.
Limitations upon Licensee's
Officers and Directors............
14
Section
206.
City's Right To Perform
Public Works ......................
14
Section
207.
Liability in Case of
Emergency .........................
15
Section
208.
Compliance with Applicable
Laws ..............................
15
Section
209.
Administration of License.........
15
Section
210.
Submission of Acknowledgement
and Financial Forecasts...........
16
Section
211.
Limitation on Use of Finan-
cial Commitments ..................
17
ARTICLE III: SERVICE REQUIREMENTS ..................
19
Section
301.
System Characteristics............
19
Section
302.
Service Obligations ...............
19
Section
303.
Basic Subscriber Service..........
20
Section
304.
Auxiliary Services ................
20
Section
305.
Leased Channels ...................
20
Section
306.
Additional Leased Channel
Capacity ..........................
22
Section
307.
Interconnection ...................
22
Section
308.
Institutional Cable ...............
22
Section
309.
Procedure upon Annexation.........
23
Section
310.
Technological Improvements
Section
311.
to System .........................
Standby Power .....................
23
23
ARTICLE IV:
PUBLIC, COMMUNITY AND ACCESS SERVICES
AND
LOCAL ORIGINATION PROGRAMMING......
25
Section
401.
Allocation of Channels............
25
Section
402.
Community Access Corporation:
Establishment and Purpose.........
25
Section
403.
Support for Public Access
and Institutional Uses............
28
Section
4U4.
Support for Local Origination
Programming .......................
30
Section
405.
Annual Contributions To Be
Allocated by the City .............
32
Section
406.
Other Contributions... .... o, ....
33
Section
407.
Financial Commitments Not
a "Payment -in -Kind" ...............
34
9332
ARTICLE V: OTHER PUBLIC SERVICES ................... 35
Section
501.
Availability to Handicapped.......
35
Section
502,
Free Connections for Public
Buildings .........................
35
Section
503.
Lock -Out Device ...................
35
Section
504.
Emergency Override ................
35
Section
505.
Alarm Installation ................
36
ARTICLE VI:
CONS`1'RUCTI0N, OPERATION AND MAINTENANCE
OF
THE SYSTEM ..........................
37
Section
601.
Construction Schedule .............
37
Section
602.
Construction Performance and
Payment Bonds .....................
38
Section
603.
Termination Penalty for
Failure To Meet Construction
Schedule ..........................
39
Section
604.
Required Approvals ................
40
Section
605.
Cable Television System
Installation . . . . . . . . . . . . . . . . . . . . . .
40
Section
606.
Technical Standards ...............
44
Section
607.
State -of -the -Art
Technology ........................
45
Section
608.
Maintenance .......................
45
ARTICLE VII: OVERSIGHT AND REGULATION
BYTHE
CITY ...........................
46
Section
701.
City's Regulatory Authority.......
46
Section
702.
Right of Inspection ...............
46
Section
703.
Cable Communications Agency:
Establishment and Purpose.........
46
Section
704.
Mandatory Reevaluation Hearings...
47
Section
705.
Construction Plan and Reports.....
49
Section
706.
Reports to Director of Finance....
50
Section
707.
Filings with Any Federal
or State Agencies .................
50
Section
708.
Annual Reports ....................
51
Section
709.
Licensee's Office .................
52
Section
710.
Books and Records .................
53
ARTICLEVIII: RATES ................................ 55
Section
801.
Rate Schedules....... .............
55
Section
802.
Filing of Rate Schedules..........
55
Section
803.
Subscriber Payment
of Rates ..........................
56
Section
804.
Disconnection .....................
56
Section
805.
Stability of Rates ................
57
Section
806.
Power To Change Rate
Schedule ..........................
57
Section
807.
Changes to Rate Schedule
by Petition; Procedure;
Approval ..........................
57
ARTICLEIX: COMPENSATION ........................... 61
Section 901. License Fee ....................... 61
Section 902. Payment Schedule.................. 62
r 9332
Section
903.
Payment of Costs.. ...............
62
Section
904.
Late Payments .....................
63
Section
905.
Delivery of Payment ...............
63
Section
906.
Payments Due in Event of
Termination or Expiration.........
63
Section
907,
Alternative Vee Contingencies.....
63
Section
908.
Renewal Costs .....................
64
ARTICLE X: LIABILITY; INSURANCE; PENALTIES......... 65
Section
1001.
Security Fund .....................
65
Section
1002.
Penalties Assessed Against
Licensee's Security Fund ..........
67
Section
1003.
Other Penalties and Remedies......
70
Section
1004.
Procedure for Assessing
Penalties .........................
71
Section
1005.
Liability; Indemnification;
Insurance . . . . . . . . . . . . . . . . . . . . . . . . .
72
ARTICLE XI: PURCHASING, TRAINING AND
EMPLOYMENT REQUIREMENTS ................ 75
Section 1101. Local Purchasing and Hiring
Policy ............................
75
Section 1102.
Licensee's Responsibility
Not To Discriminate ...............
75
Section 1103.
Equal Employment Opportunity......
75
Section 1104.
Employment Training Programs......
77
Section 1105.
Human Resource Development........
78
Section 1106.
Minority Business Enterprise
Participation Policy ..............
78
Section 1107.
Nondiscriminatory Investment
Policy ............................
79
ARTICLE XII: TERMINATION AND EXPIRATION............ 80
Section
1201.
Termination .......................
80
Section
1202.
Procedure for Termination.........
82
Section
1203.
Termination upon Street Closings..
82
Section
1204.
Termination upon Condemnation.....
83
Section
1205.
City's Right To Acquire or
To Transfer Ownership .............
83
Section
1206.
Continuity of Service .............
85
Section
1207.
Operation of Other Terminated
Licensee's System .................
86
Section
1208.
Board of Arbitration; Hearings;
Expenses ..........................
86
ARTICLEXIII: RENEWAL .............................. 89
Section 1301. Procedure for Renewal of
License ........................... 89
ARTICLE XIV: SUBSCRIBERS' RIGHTS ................... 91
Section 1401. Licensee's Obligation To
Provide Service ................... 91
Section 1402. Subscribers' Right To Own
Equipment ......................... 91
Section 1403. Subscribers' Right To Receive
Over -the -Air Signals .............. 91
r 9332
- iv -
Section
1404.
Obligation To Maintain Vigilance
Against Abuses ....................
92
Section
1405.
Subscribers' Right upon
Failure of Service ................
92
Section
1406.
Local Subscriber Service;
Handling of Complaints........•.••
93
Section
1407.
Subscriber Privacy; Use
of Data ...........................
95
Section
1408.
Remedies To Ensure Licensee
Accountability ....................
96
Section
1409.
Information Management
Requirements ......................
97
Section
1410.
Individual Access* ................
97
Section
1411.
Interest on Subscriber Accounts...
98
ARTICLEXV:
MISCELLANEOUS ..........................
99
Section
1501.
Incorporation of Appendices.......
99
Section
1502.
Notice ...............6............
99
Section
1503.
Identification Cards ..............
99
Section
1504.
Subsequent Action by State,
County or Federal Authorities.....
100
Section
1505.
Rights and Remedies Cumulative....
100
Section
1506.
City's Right of Intervention......
101
Section
1507.
Obligation To Obtain Operating
Authorization .....................
101
Section
1508.
Change in Definition of
Term "Minority"..............6....
101
Section
1509.
Filings with the City
Manager ...........................
101
Section
1510.
Severability ......................
102
Section
1511.
Supremacy of Ordinance............
102
Section
1512.
Codification ......................
102
APPENDICES
9332
APPENDIX A
BASIC SERVICES
The System described in this Ordinance shall
provide initially at least the following Basic Services:
12 Local. over -the -air broadcast signals
3 Imported full-time broadcast signals
20 Municipal and public access channels
17 Automated services
20 Satellite -distributed video services
4 Operator programmed video channels
1 Leased channel
Tier I (free) service should include
all local TV stations, all access
channels and one hearing -impaired
channel.
Local origination channel (programmed
by the Licensee) should include at
least 25% bilingual programs.
9332
APPENDIX B
AUXILIARY SERVICES
The System described in this Ordinance shall
provide or have the capability of offering at least
the following types of Auxiliary Services:
-- 11 Pay cable and pay per program services
-- 46 Audio services
-- 5 Leased channels
In addition, the Licensee shall offer on the
System a full range of interactive services, including, _
but not limited to, security and data transfer services.
9332
APPENDIX C
BASIC SUBSCRIBER RATES
and INSTALLATION
Installation
Service Charge
Tier I
First TV Outlet
Installation within 45
days of system avail-
ability
Installation after 45
days of system avail-
ability
FM music
AB channel switches
Relocation
Reconnection
Tier II
First TV Outlet
Installation within 45
days of system avail-
ability
Installation after 45
days of system avail-
ability
Additional TV Outlet
with original
installation
Additional TV Outlet
after original
installation
FM music
Converter deposit - re-
fundable on return
of converter
Relocation
Reconnection
$ 27.00
-0-
-0-
$ 15.00
$ 15.00
$ 19.50
$ 19.50
-0-
$ 25.00
$ 19.50
$ 19.50
Monthly
Rate
$ 8.95
$ 5.00
9332
san � crn ix „a rtt s?Y3;x r•,;�..,.
- 2 -
Tier III
First TV Outlet
Installation within 45
days of system avail-
ability
Installation after 45
days of system avail-
ability
Additional TV Outlet
with original in-
stallation
Additional TV Outlet
after original in-
stallation
FM music
Converter deposit - re-
fundable on return
of converter
Relocation
Reconnection
Tier IV
First TV Outlet
Installation within 45
days of system avail-
ability
Installation after 45
days of system avail-
ability
Additional TV outlet
with original in-
stallation
Additional TV outlet
after original in-
stallation
FM music
Converter deposit -
refundable on re-
turn of converter
Relocation
Reconnection
Installation Monthly
Charge Rate
$ 19.50
-0-
$ 50.00
$ 19.50
$ 19.50
$ 19.50
-0-
$ 75.00
$ 19.50
$ 19.50
$ 9.95
$ 5.00
ffm
$ 10.95
$ 5.00
9332
- 3 -
Apartments --
Bulk Rate -
Tier I
First outlet
Apartments --
Bulk Rate
- Tier II
First Outlet
Apartments --
Bulk Rate
- Tier III
First outlet
Apartments --
Bulk Rate
- Tier IV
First Outlet
Commercial -
Tier I
First Outlet
Reconnection
Charge
Commercial -
Tier II
First Outlet
Reconnection Charge
Commercial - Tier III
First Outlet
Reconnection
Commercial - Tier IV
First Outlet
Reconnection
Governmental and Educational
Facilities
First Outlet (Per facility,
per floor)
Additional `CV Outlets,
each
Installation Monthly
Charge Rate
Negotiated Negotiated
Negotiated
Negotiated
Negotiated
Negotiated
Negotiated
Negotiated
$ 89.95 No Charge
$ 15.00 --
$ 69.95 $ 8.95
$ 19.50 --
$ 69.95 $ 9.95
$ 19.50 --
$ 69.95 $ 10.95
$ 19.50 --
No Charge No Charge
Cost No Charge
9332
At least until such time as construction of
the System is completed to the satisfaction of the City,
and written notice of such satisfaction has been
delivered by the City Manager to the Licensee as provided
in Section 602(c) of this Ordinance, all rates for
services not specified in this Appendix shall not exceed
the rates for those services specified in the proposal
submitted by Americable to the City on April 10, 1981.
9332
CITY OF MIAMI
COMPENDIUM OF
CABLE TELEVISION
LICENSE REQUIREMENTS
AND SCHEDULES
(including Due Dates)
PREPARED BY
CITY OF MIAMI OFFICE
OFINTERGOVERNMENTAL
AFFAIRS
Revised:2/1/82
TABS OP #61:7"E$
1
Sa DULt Or PAVENTS TO CITY
1
2
«IV SCHE LtS
2
3
yIK CjAt !P 5 & [£&&L !EB
5
4
F bs Tio §s s2§x:»=ED TO «RE C17
E
CAB' ACCESS CORPORATION
9
§
P -ORTS
lc
7
1:x:I I»3 Et G: 1ICE:s32
l:
B
cksaES FOR CI- IE : QI?; OF 2:CENS
la
e
. F Gl?IES {� 2THAN IE 2 GQIC J
14
ll
llc� 3 3 P :�w�l
I2
12
17
la
o 3A:N C Ir ?I§a A27HCR:Z I:2:
12
Item 1 SCHEDULE OF PAYMENTS TO CTTY
DATES T.TCrN.'qF FEE CONTRTWITTON
TNSTTTUTTONAT, ACCESS CORP.
SECURTTY CONSTRUCTION' SYSTEM
PTIFILTC ACCES' START-UP FUND
FMIn BONDS TUVESTMFUT
IIIII)CET
Oct. 1, 1981 $225,000** $15n,non—
Then quarterly
can each
Jan. 1 $225,000 $150,000
April 1 $225,000 $150,000
July 1 $225,000 $150,000
October 1 $225,000 $150,000
Annual minimum $900,000 $600,000
'n
M Over life of License
$2,000,000 (Equipment)
as per approved plan
Annually startinq
yr.3 of eff, date
of Ordinance
$1,000,000 (Budget)
Annual -Paid
�?00'000 (Police)
Quar t or I y
Within 30 days of
11',2n0,000
access incorporation
Within 10 days of
$2,000,000
eff. date of Ord.
Prior to construction
!�3,000,000
Durinq 3 yrs. after
$45,000,000
eff. date of Ord.
NOM: Effective d3te of Ordinance is 30 days
after passage of Ordinance by City
Commission.
To be allocated by the City. 20% to Public Access for 5 yrs.
Minimum payment due; amounts that exceed
these minimums are due on the 20th
of each Jan., April, Jtrly Oct_
Item 2 TIME SCHtbUU9
Page
No.5ecti6h
effective Status
is 210 a within 10 dad+s after/daterOf trdinant COMpany shall execute & deliver
ltoV —a
� -1981 understands an acknowledgment that it undstands that upon issuance of the license P E C I I
to the co pang, the company is bound by the terms, conditions, and
obligations.
64 1001 a Vitha,1L10_days after effective date .of Ordinance.., company to REC ��
-C�-_C.�901 deposit ,k2,000,000 with finance Department.
i
65 1001 c If co,-pany fails to pay in l0 da s, any compensation to City, or
fails after 3 days notice of each failure to corply, City may
withdraw the a.7ount with interest from the security fund.
65 1001 d Company has 10 days after date of notice that any amount has
been withdrawn from the security fund to restore fund. Failure
to replenish sescurity fund subjects company to penalties in
Sec. 1002 and interest on the amount by which the security fund
has been reduced at2% above prime rate.
v 72
1005 d
Within 10 days after effective date of Ordinance, company to CABLE
_
(1,2,3)
co -.ply with insurance requirements.
1QV, 30
1981
30 days NOTIIFIE
16
301 a
Within 30 days after effective date of Ordinance, co, --.-)any shall present
�-
a plan to City Manager for construction of a
-1
-i2'.
Systew., to cost not less than $45,000,000.
is
302
S•,:.;ect to the construction schedule, co -:pang shall furnish Basic
S'al.scriber Service within 30 days of a request for such service.
A
- 29
4--. r
Cc-,. an. to provide $200,032 sta,-t-uc fund for co, -:-,-unity access
cc -_oration within. 33 days of its incorporation.
35
601 a,c
Co -.any to suh-it construction plan within 30 days after effe=five
� 19 1
date of Orcir.ance, and to complete it in 3 yrs.
44
7G1
Within 3v da•:s_after_effective_date of Ordinance, City Manac_er
DEC, 21, 1981
tc establish a Cable Co- unications Agency, with hinself as Director.
47
704 c
Within 30 days after company's annual reports are available to the
public (not later than April) , City Manager to review performance and
report to City Commission.
Within 3,0 days after City Manager's report, City Cor-. , ssion shall hold
a public hearing.
61
903
Within 30 days of notice from the City, coripany shall reirtiburse City
for. all cost in the award of license through the date of approval
by the City Manacer of the plans required in Section 301 and 601.
70
1004
City Manager shall notify cor.Qany in writing of alleged violation
t company shall be allowed no more than 30 days or such other
tire as the Manager may specify, to correct such violation, or be
assessed penalty.
-
Page 2
A Let. 1
tsge
No, Section
60 dAY4
Status
15 301 b City Manager shall report to City Cot-V,ission on status of the Plan,
and within 60 days after the effective date of the Ordinance.
25 601 b
18 I9a2
90 days
116, 210 b Within 90 days after effective date of ordinance, cot-;pany shall
17 deliver to City manager forecasted annual balance sheets, inc=,e
EE$,_ 1IL].982 statements s statements of chances in financial position for the
term, of the license and supporting schedules and documentations
for the forecasted revenue.
210 c Within 90 days after effective date of Ordinance, any person or
F u L 1 z 98 institution from which company has obtained financial co-�.itnent
1 L� shall review the financial forecasts.
29 403 a +_thin 90 days after effective date of Ordinance, co —,-any shall subr-dt
last para. to City Manacer a detailed plan & budget, showing specific access
g. 7 19 services, facilities 6 equipment the corr.any shall provide.
lu
_ 31 404 In 90 days after effect_iyee _datof Ordinance, co zany to s;b.rdt to
City Xanacer for a: proval al�lan of dollar co-_-itr.e^t clearly s!)oain:
the extent staff, facilities or e.uipm�ent to be use4- for bcth access
procra-..ing and local origination procram`-a nc.
s7, 603 City may terminate license for failure to meet construction she '.;le
' 36 plans. 90 days may be considered as constituting violation of terms
of license.
77 1104 b WiL.thin 90 days after effective date of the Ordinance, company to
Ff3 17, 19b2 sub -,it plan. to City for approval for establish.:e:.t of and budget for
training programs as referred to in Section 1104 A.
120 days
26 402 c Within 120 days after effective date of Ordinance, City Manacer to
.� n present reco:-: �endation to City Co, _ission as to structure and
t 10timeta: le for establish.?gent of M:AC.
6 months
4E 705 a Progress report of status of construction is due within 6 months
MAY 29, 1982 after effective date of ordinance and monthly thereafter.
67 1002(1) For failure to comence construction within E mo, after effective
rPt11 1� date of Ordinance, unless Cor—nission approves otherwise, company
shall pad: 510,000 per day for delay.
Page 3
rte�i � "�1�� Scx�blti.�5, C�rit!_t3,
�aae
Ito. Section Status
27 402 g City to conduct annual audit of books & records of MCAC.
310 405 a corpah, to contribute ahnuaily_It of gtoss revenue or 56^0�oo0,whichever
32 is greater, of which City shall contribute for 5 Yrs. to access
corporation 2-04 or 5201 000, whichever is greater. After ,5 yes.
City contributes as its deems appropriate. Company to contribute
fA quarterly.
35, 601 c Company to accorpiish significant construction within 1 }r. after
r0 effective date of ordinance and shall offer service try oughout the
19, 1982 City in 3 yrs after effective date of Ordinance.
45, 704 a,b knnually, after effective date of Ordinance, company to sub-dt a
46 report on the 13 areas listed in Sec. 704 (a)
DES-2_1,JM?
704 c 30 days thereafter City
Manager to review & report to Cor.ission - then
33 days after City Manager report, Co,.u..ission to hold public hearing.
49 706 a
= JAIL-13 983
55 805
Com any to subrit annual report to City Manager 105 days after close
of fiscal year of the City, including 6 areas ite-ized.in Sec. 706 a.
2 yrs
Rates sa. e for ranir.;:.: of 2 yrs. after construction of S}•ster.
3
35 601 a Construction of System is to be corpleted within 3 yrs._after
;gar 1 9i 1984 effective date cf Ordinance
Miscellaneous
26 402 d Within 9 no. of incorporation, kCAC shall submit to City Manager a 3-yr.
plan for operation of Syste:r's access service, 6 a report of service.
402 e At least 3 mo. prior to close of City's fiscal yr., MZA: to suh�7dt to
City ?lancer a detailed budget for upcoming fiscal yr.
46 706 on or before dates of payments, and 60 days after expiration of
license, co,rmany shall furnish to Finance Director and City Manager
a revenue report and reconciliation of revenues to pavr..ents to City.
61 902 a Commanv shall mare the 1st ainimu.r quarterly pa_.^7ent under Sec. 9C1 (b)
and the quarterly portion of the annual contribution under Sec. 405
on October 1, 19_1 b thereafter on the 1st day of ea:!-Januar.,, April,
Julv an_ 0ctcber.
9.2 b Company shall report, in detail as the Director of Finance may re.uire,
before the 20th day of each Jar,., April, July & October its gross
reve.^.ue=_ for the preceding calendar quarter and shall reri any
amz� —,;nts which exceed the minirmars.
Pace 4
140,
seCtio�1
Status
18
�01 a
Cost of 5ystet to be hot less that $.95.,4MC)6O.
27
403 a
Cotnpany to cofttit at least $2,000,000 to provide facilities 6
equipment for public access corporation - and-
1 8
_$1,000 00.0 for annual operating budget starting the .rcL
effective date of this Ordinance.
29
403 b
Cotany to provide 2-0-q U start=up fund for community access
corporation within C days of its incorporation.
31,
405 a
Company to annually pay 34 of company's gross revenues, or S600,00Q,
32
whichever is greater, of which City shall contribute for 5 t.rs. to
—
access corporation, 2Q% or $2001OOQ, whichever is greater. ,t.`_tiuL
5 yrs, City contributes as it deems approrriate - to be paid quarterly.
3E
622 a,h
Company to obtain construction performance s patr.:ent bon--s in the
a-oxnt of _�O- in effect -3 yzs. or until con_ letion of System.
City Xanager may increase or decrease face arount of on each
anniversary date.
53
6E2
Co:7pany to file with City Manager s City Clerk sched,;les describing_
services offered, all rates & charges, and all terns or conditions
relatin= thereto.
55
6:5
Rates shall remain sa-e for a mini-,s-. of 2 vrs after Fyste- is cc-,-lete5.
601
9C1 a
Cc -.;any to pav an ann,,;al su.: of It of cress revenues of S_.•ste-, to
he raid quarterly. (10% max. FCC waver fee necessar-y for ovEr 3t;
921 b
b:i-.inu-. cuarterly ;225,C2^
61
922 a,h
quarterly payment and c,;arterly portion of
ccntrib;:ticn (Sec. 405) to be pa:.. on October 1, 19E1 and t
on the 1Ist of each ;a_., A-r., C:lv & Oct. On the 221h arour,ts over rdni-.......
62
934
Interest for late pay -meat will be y above prise rate. (on ctr. payments)
9:,_
Al- pay -.eats b: certified check.
93E
If co -.pang continues after termination or expiration of license, it
shall pay at the rate in effect at tine of terr..ination or exiration.
90-i Co -.zany to pay City rate require3 by Ordinance regardless of whether
FCC may impose a lower maxim;;- rate of compensaticn.
63 90E Company will pay City costs by City for any renewal of license.
64 102�1 a Within 10 days after effective date of ordinance, Company shall deposit
NOV.30 19,21 12.002.022 with Finance Department. At beginning of 6th v , this may
be reduce3 to $1 , 000, 002 and at beginning of 121L yr to This
is in a3dition to the construction performance s payment bon3s required
by Siection 602. (Security deposit)
65 1001 c If Company fails to pay in iC) glaL; any compensation or repay City any
damages, costs, etc.,or fails after 3 days notice of such failure by the
City to comply with any provision of license, City may withdraw the
amo•:.nt with interest fro^ the security fund,
Pace 5
Item, 3 VtNANCIAL £Ut N. t S.� 1'Il_ 5►_.0 lSt:`_t ►.
page
No,:.- Sectitlh
Status
65 1001 d Cohpany+ has 10 dat after date of notice to restore the security fund
Failure to do to would require the company to pay intefest on the
amount by which security fund was reduced at 3t above prime rate
and $2$500 penalty.
66 1001 f Security fund to become property of City in event license is canceled
by' default of company or by transfer or sale of Syste:-_within 5 yrs.
Or completion of Systetr., as specified in Section 204 (i)
1001 g. City to invest security fund and company to receive the interest.
67 1002(1) For failure to begin construction within 6 months cf effective date of
MAY 19, 1982 lice_r,se, company shall p2.y $10,000 oer dam. (Also, see 1001 d)
1V2(2) For failure to corplete System construction as require-- it Sec. 6,,)1,
company shall pay :10 Ol O_pe: dw.
1002(3) For failure to provide data, reports, etc. (as in Sec. 4^3 s 404),
co,:Yar,y shall pay $1,000 per day.
6E 1002(4) For failure to conply with operational or r..aintenance standards,
co.-.aany shall pay $2,500 per day.
1002(5) For failure to rake start-up pay -Meat to co,-.,,jnity access_ co:peraticn
under Section 403, cor-many shall pay $2,50C per day. (See Sec.9D4 & 10 ld)
1002 (6) For failure to provide ser-%,ices s procr&ms as re _-:ire- b•:• this
Ordinance, cc..:rany shall pa. $2, 50C per da•.. y
69 1CO2 (7) Fcr failure to ma-ke pay1aents or replenish the sec: _ it} fur-.--, co: -,-.an:•
shall Fay $2,50J Der day- (r.1sc, see Section 10; 1 (d) & 934)
1003(al) In addition to penalties in Section 1002, for repeated violation of
any provision of Ordinance, City Cor7.ission r.ay irpose a financial
Penalty of up to S2, 50_0per dav or per incident, and r,,a_v be charged
to company's security fund.
70 1003(b) If City Manacer deers it necessary, City may hire, at company's expense
an independent auditor to audit the cor-oany.
1001. City Manager shall notify cor.any in w-ritinc of any violation s company_
shall be allowed not more than thirty_ days to correct violation or
will be assessed penalty.
72 10D5(dl) Within 10 da•:s after effective date of Ordinance, compare; shall maintain
in effect a general liability policy of not less than $1,000,002 bodily
NOV. 30, 1981 injury coverage and $1,000,000,000 property damage resulting frog any
one occurrence. City to be nar:led as additional insure--.
1005(d2) Also, shall maintain in effect automobile liability insurance policies
of not less than ;100,000/5300,000/5100,000.
1005(d3) And, not less than ,*1,000,000 general liability for any matter contained
in or resulting frog the transr..ission of ary corr-lnication over the Syster.
Page 6
fter 9 FtitA1�0'tAi, ��Ul�'•�1"�S 6, �C!�,L,"!'1�5.► Cont'�,
Face
r0:__. Section st;.tus
74 1103a
16 1101 a Financial penalties may be astetttd for holycompliance with an
$,17 19apprpVed Affirmative Action plan. Section 1103 (a) calls for Co.mpahy
to stbmit plan to City Vithiti 90 des fte the effective date of
Ordinance &-to rake effort so that within �s.em lo}•rient will be
equal to racial and ethnic composition of the City (in b); and (e)
'Calls for seii-annual reports of progress of the plan.
77 1104 b tCith n SO days after Cate of Ordinance, company shall sab-,it to City
LE$, % 1� a planforthe establishr,ent of and budget for e-. ioyment training
procrans as referred to in Sec. 1004(a).
63 12CB b Upon termination or expiration of license, City ry re_uire the transfer
of Syster. to the City or its designee. Purchase price to the City
for the Syster. shall be its then fair market value.
65 1207 Upon termination or expiration of license for a broadband cor. unications
facility, City Co,-cission may, direct the con any to operate the sare
for the account of the City for a period of E r.cs 6 co -.pan}• ac_rees to
cor„ply. City shall pay the cor. man•.• all costs incurred by its operation
of such facility.
67 1206 e Should there be arbitration, City will pay no more than half of costs.
97 1411 Co!n=zn%, shall pay interest at ar7ual rate of E, on ar,, deposit re ;fired
of a s-abscriber. - ma,• be credits to subscribers.
item 4
Page
No. Section
PUNS TO tt SUBMITM TO TItt CITY
��rs 301 a Within 30 d ,s after effective date of Ordinance, company shall
1.[ C. 21,98� submit construction and system design plans to City.
16 210 b Within 90 days after effective date of Ordinance, company to
t �S� 17 19� present financial plans forecasts of annual balance sheets,
L income statements 6 statements of changes in financial positions.
2C9 403 a Within 90 days after effective date of Ordinance, company to submit
FEB, 17 a detailed plans budget showing what access services will be
provided.
31 404 a Within 90 days after effective date of Ordinance, company to submit
FEB, 17, 1982 a plan of dollar comndtment for Local Procrar. inc - the extent
staff and facilities will be used for access procra=.,ine and local
procrar—ming.
3r5 601 (a) .:ithir._30 days after effective date of Ordinance, comps;;.; shall submit
17 19 Or" 2 construction plan requiring completion within three (3) years, to the
City Manager for approval.
74 1103i1-ithin ninety days after the effective date of ordinance the company
EEB, 17, 19 8?shall�submit to the City Manager a written "Affirmative Action Plan"
including annual goals and timetables.
77 1104'(b) Within 90 days after date of Ordinance, company shall submit tc City a
F EB, 17. 1M72ar, for the establishment of and budget for employment training
pro rams as referred to in Sec. 1004 (a).
96 14D9 a,b before Syster.. becomes operational, company shall submit olans to
City Manager with respect to how the company will protect the security
of viewer information from unauthorized use or eavesdropping, and
shall not com-nence operation of System until such plans have been
approves by City Manager.
Page 6
i
Pace
No. sur'ect
26 402 c
. LJJVO�S�
26 402 d
26 4112 e
27 4:2 c
29 403 h
Itefi5 M,C.AC.
Miami Cable Access Corporation
Kn 120 days after effective date of Crdinance, City !•'anacer
to make recor:7.en6ation to City Co -omission as to structure and
timetable for establishment of T;CAC,
Within 9 mo. of incorporation, M:AC shall sub77.it to City Manager
a 2-yr plan for manacerrient, operation d use of 5yste-'s access
service, and a report assessing the needs the service should serve.
At least 3 rno. prior to close of the City's fiscal yr., NCAC shall
sub -.it to City Manacer a detailed budget for ur)co-.inc fiscal year.
City to condict annual audit of books & records of MZAZ .
Ce:-.. any to provide start-u_ fund for cor:-...it_ access
ccr ration within 3;: days of its incorporation.
Status
31, 405 a Co.-.rany to annually pay 3% of ccmpany's gross revenues, or
32 whichever is greater, of which City shall contribute for 5 years to
access corporation 20€, or $200,000, whichever is greater. After
5 yrs. City contrib•.:tes as it dee-s apt ro: riate - to be paic cj_rterly.
Page 9
ftefn b Pr'POPTS
Pace
No. Section
12 •204 e Cotrpany to notify City of any actual or proposed chance of
ownership. Every change shall make the license subject to
terrrsnation unless and until City consents thereto.
15 210 a Within 10 days after effective date of Ordinance, co-:pany shall
l V 3�. 19 �1 notify City Manager in writing an acknowledcement of understanding
11�L o. license
16 301 b
Within 60 days after effective date of Ordinance, City Manager to
and
report t) City Co--ission on statLs of the construction and S%,ste—m
35 601 b
design plan.
,JU,
-I-1$i-19_E2
16 210 b
Within 90 da1_s after effective date of Ordinance. company shall
EEL-.7-j 190
deliver to City Xa nager forecasted annual balance sheets, incore
statements and statements of chances in financial positions
16, 210 c
G:i "in 90 days after effective date of Ordinance, anyone who has
17
ma::e a financial cc-.,itnent in connection with construction or
FEB.82
operation of System shall review the financial forecasts and
in writing to City 11anager a confiz--ation of financial
cc--itnent to compan,.
26 402 c
Within 12:) days after- effective date of Orc_r,ance, Cit} yar,ager
r�' r) � 1982
tc makke reco-�,endaticn to Cc—ission as to struct::re and LiT-.etaLIE
1
fCr eStdti,1ish�nent of M..h'...
4E 705 a
6nths after effective date of Ordinance, an.. r.cnth.I% t';erea`ter
�lAl' 19, 1982
cer.par, to re7cr. rI.rogress of construction of Syste-.
46 706
�)uarterly reports of revenue on 20th of Jan., April, July and Oct.
and
61 9 C 2
45, 46 704 a,b hnnuall•:, corpany shall report to City Manager in 13 areas, for
NOV. 19L 1982 purpose of reevaluation.
47 704 c 30 days after company's annual reports, City Manager to review
and report to City Co^:.ission. 30 days after Cormission receives
City Manancr's report Commission to nold a public hearing.
49 70E Annually, 105 days after close of City's fiscal year a report or.
JAIN 13 1983 6 ares of finance, ownership and activities.
Page 10
Status
tte tl 6 t YMICT8i, font' d,,,
Page
v3
�B
Section
Status
802 Cotrpany shall file with City Manager and City Clerk schedules
of Services, rates aril terms relating thereto.
807a,b,d After 2 yr. period following System cottletion conpany tzay petition for
rate increase. Petition must include a financial report.
ti 902 b Company shall report quarterly before the 20th of each Jan.,
Anril, .7 lv and October its cross revenues for the preceainc
calendar quarter 6 shall remit therewith the amount by which
the ar,.ounts exceed the trininum pa}Tents.
71 1004 If con: any does nc.c remedy or end a violation City ',anacer may
penalize (Sec. 1002/2003) and shall sub-dt a retort to City
Corx%ission with respect thereto.
'76 1103 e Cormany shall sub -.it se-i-annual re. orts toward r,eetinc hffi:-r.,ative
Action. coals until ccn^ietion of construction. There5_`ter, such
reports shall be ra-4e annually.
BE 13C1 a,c :f cc -_an:, seeks renewal of license, City Xanacer shall report to
City Co717-.issiOn within, 4 months thereafter and make recc-.-end at ions.
93 140E Upcn request fro- City, conpan, shall, within 7 da-s, send written.
report to City retarding an}, s•.:..-scriber cc^_ faint.
iterr, 1 Lft'. TIONS UPON LIM3tt
— i'aae
No. section
11 204 a Company shall be subject to City's police powers an' rec%lations
as the City Cor�nission and City Manager and Cahle Co-.,uni cation
• Acency may promulgate.
204 b City reserves right to designate where co-, any's facilities are
to be Flace4_ within the public rights -of -way.
204 c License shall net be transferred, or assic_ned, without Co -,fission
a.. royal .
2 y d A mcr'caae, riecce, or other encu7Lrance of the Syste`'s
ec',:iorent, license or revenues, shall be made only with arrroval
of City COr.7fission.
1� `4 e Cc -.pan,• shall notify City of any chance in control cr o_'.,ershi_r
of CO -tea' .
1- 21)4 1
In e•:en,. S:ste-. is transferre-4, or sold prior to co-.leticn of
CJ..StrUcticn or w-4" r 5vrs. after the
date cf
the s
19SF,
_ef`e_ctive
Cr -=-ce, whichever islorcer, the conzany shall
fcrfe:t
its
sec.:r;. . fun as prc•:idec in Section 1001(f) ant
all rreceeds
_n excess of Syste-'s then book, value shall be pal..
to the
15 2�=
Cc -_can., ncr officer, ncr partner of cc-panv shall
_
hcic any
_ tccr:
s
or interest in any ct,her ratio or :',' station whose
s, nal_
are
carries on '.!:e Svste- on a re-.:lar basis.
Face 12
Itetr, 8 CAUSLg rc� CITY q1tMINATIMI Or L1ftfiSL
page
+o. Section
11 204 c,e License tray not be transferred or sold without City approval.
17 210 d 1:'or failure of cornpany to deliver financial forecasts or a
deterrihation by City Manager that company cannot co,—,1y
with terms & conditions of Ordinance.
1E 301 b If construction plan is not approved by City Manager, Co7�-.ission
r,La•; void license.
35
601 b
If plan is not approved by City Manager, Cor.-issior, ray vcid license.
37,
603
For failure to meet construction schedule.
3B
52
710 c
For false accounts or records.
79
12C1(1)
Co^,pany fails to comply with terms or con3itions.
(2)
If any provision of license becomes invalid s City finds continuation,
of license is not in the public interest.
(3)
If company has made assignment for benefit of creditors.
(4)
If receiver has been appointed' to take over conpany (with exceptions).
(5)
If S%-ste- is inoperative for 10 ccnsecutive days or fcr 3� days
out of an,., consecutive 12 r.onths
E2
1203
If streets are closed, privilege with respect to said streets will
be ter.._nated.
1205
If Syste- is conde-ned pursuant to law.
12:._
City has right to accuire or to transfer ownership.
99
1504
Cit%1 r,a,: terminate or anend license in evert City deter7dnes that
co -.:fiance with the original terns of Ordinance has been frustrated
b.: state, cou:.t;, or federal re uirements.
101
151111
If Ordinance is held invalid by any cou_-t, at City's discretion,
license ma•: be ter -.mated.
Pace 13
Item 9 PtNAl,TItS
(Other Than 'Termination )
_ rage
No. Section
62 904 por late payment, interest shall apply at 3_% above the then prime
rate.
65 1001 d Company has 10-days after date of notice to restore the security fund,
Failure to do so would require the co.-pany to pay interest on the
- anount by which security fund was reduced at It above-)rirc- rate.
66 1001 f Security fund to become property of City in event license is canceled
by default of company or by transfer or sale of Syster, as specified
in Section 204 W .
1001 g City to invest security fund and company to receive the interest.
67 1002(1) For failure to becin construction within 6 ronths of effective date of
MAY 19, 19E2 license, company shall pay 1$0,000 per day. (Also, see 10,C.1 d)
1002(2) For failure to complete Syster construction, as required in Sec. 601,
cc..zany shall pay $10,000 per day.
1002(3) For failure to provide data, reports, etc. (as in Sec. 403 6 404),
co.. man%. shall pay 1,003 per day.
66 1002(4) For failure to comply with operational or maintenance standards,
company shall pay $2,500 per day.
1002 (5) For failure to make start-up pa-yrnent to con—nunity access corporation
under Section 403, company shall pay $2,500 per day.(See Sec.904 & 1001d)
1002(6) For failure to provide services & programs as rewired by this
Ordinance, co..:rany shall pay $2,500 per day.
69 1002(7) For failure to maize payments or replenish the security fund, compan-,
shall pay $2,500 per day. (Also, see Section 1001 (d) & 904)
1003(al) In, addition to penalties in Section 1002, for repeated violation of
any provision of Ordinance, City Commission may impose a financial
penalty of up to 92,500 per day or per incident, and may be charged
to company's security fund.
70 1003(b) If City Nanaaer deers it necessary, City may hire, at company's expense
an independent auditor to audit the company.
Pace 14
Page
No. Section
7D 1004 City Manager shall notify company in writing of any violation b company
shall be allowed not more than thirty days to correct violation or
will be assessed penalty.
76 1103 a Financial penalties may be assessed for non-co-,,pliance with an
approved Alfirrative Action Plan. Section 1103 (a) calls for co,,, ._ny
-- to sub: -it plan to City within 90 dnA alter the effective - date of
Ordinance 6 to make effort so that within 3 •rs.em lcyr-ent will be
equal to racial and ethnic composition of the City (in b); and (e)
calls for semi-annual reports of progress of the Plan.
Pace 15
3tetr, 10 S:A'At-br-Vt-APT
Page
1N0. Section
Status
43 607
Company shall construct and maintain a state-of-the-art Systerr
as approved by the City Manager.
45, 704 a (6)
Co -.;any shall submit a report to the City Manager on the state-
46
of -the -art technology' in design and services of the System.
b
Reoort(704 a) to be subr.itted annually after effective date of
�I 80
t��V Ig 1
Ordinance until Syste:r. is conefeted. Thereafter, co;r_.any shall
sub. -.it a report covering the subsequent 2-yr. perioo, and
thereafter, covering each 3-yr. period. Reports to be made
b; F.ril 1 of the year following the tirme coverer by report.
47 704 c
30 da•:s thereafter City Manacer to review & report tc Co-:.issicn - then
30 cays after City Nanacer report, Co^-.ission to hold pu:iic hearing.
Pace 16
iteth 11 L1C9N9t I tE= t
Page
No. Section
Status
88 1301 a Not less than lato- prior to expiration of license, but no more
than 24 mo., company shall Notify in writing of its intention to
seek'renewal of license.
1301 b City Manager to give public notice and investic_ate to deterr•.ine
whether company has performed satisfactorily
89 1301 c 'Within 4 r. after receipt of cor�.any's renewal notification,
City Manager shall prepare report to Cor:-,ission and rake reco;--nendations.
1301 d Within a -a after receipt of City Manager's report, Co-:-�ission
shall hold a public hearing. If perfori-,ance was sat.sfactery
license r„ay be renewed.
1301 e If performance was unsatisfactory, new applicants may be sought 5
evaluated.
Iter. 12 S17ES^FIBEtS' iZIGL:S INVOL1'i::12: TIC'-s & DATES
91 14^5 a In event service to subscriber is interrunted fer_11'",_or core
consecutive hrs. (with exceptions) , co:rY.any shall Frovide a ?^4
rebate of monthly fees.
1405 b In event service to subscriber is interrupted for
(with exceptions), company shall rebate 1^04 of monthly fees.
92 1406 a Subscriber cor.laints shall be acted upon by company with G �r �, da•
of con;: faint. (also see Sec. 1406 d)
140E b Company may interrupt service in an emergency situation after
c — notice.
93 1406 c City ma•: inspect corplaint records of company. Upon City's request
corpany�shall within 7 da•;s send written report of cor:laint.
95 1407 Subscriber privacy - use of data shall be provided the affected
scriber within Ic Av- of procurement. Further disclosure shall
be detailed in writing to subscriber within 0�. days of such
disclosure.
9% 1411 Company to pay interest of. % on deposits required of subscribers.
Iter 13 COI-T)1"7''S OBLIGtA ION TO Oz:AI?: OPERATIN: AUTHOFIZ�:ZO!:
100 1507 Company to request authorization with Dade County and FCC within 60 days
>2 fro=. the effective date of Ordinance.
Pace 17
PUBLIC NOTICES ADVERTISEb
IN LOCAL MIAMI NEWSPAPERS
OF GENERAL CIRCULATION PRECEEDING
THE FINAL CITY COMMISSION
VOTE THAT ADOPTED THE
MIAMI CABLE LICENSE ORDINANCE NO. 9332
ON OCTOBER 19, 1981.
1.
Wednesday, August 5,
1981 - Miami Herald - Public Workshop.
2.
Tuesday, August 25,
1981
- Miami Herald -.Public Meeting.
3.
Wednesday, September
2,
1981 - Miami Herald - Public Meeting.
4.
Wednesday, September
2,
1981 - Miami News - Public Meeting.
5.
Friday, October 9, 1981
- Miami News - Notice of Meeting to
Consider Cable Television
Ordinance.
6. Monday, October 12, 1981 - Miami Herald - Notice of Meeting to
Consider Cable Tele-
vision Ordinance.
7. Friday, October 23, 1981 - Miami Review - Legal Notice of Adopted
Ordinance.
t
PUBLIC NOTICES ADVERTISED
IN LOCAL MIAMI NEWSPAPERS
OF GENERAL CIRCULATION PRECEEDING
THE FINAL CITY COMMISSION
VOTE THAT ADOPTED THE
MIAMI CABLE LICENSE ORDINANCE NO. 9332
ON OCTOBER 19r 1981.
1.
Wednesday, August 5,
1981
- Miami Herald - Public Workshop.
2.
Tuesday, August 25,
1981
- Miami Herald -.Public Meeting.
3.
Wednesday, September
2, 1981 - Miami Herald - Public Meeting. _
4.
Wednesday, September
2, 1981 - Miami Pews - Public Meeting.
5.
Friday, October 9, 1981
-
Miami News - Notice of Meeting to
Consider Cable Television
Ordinance. —
6.
Monday, October 12,
1981
- Miami Herald - Notice of Meeting to
Consider Cable Tele-
vision Ordinance.
7.
Friday, October 23,
1981
- Miami Review - Legal Notice of Adopted
Ordinance.
v ar
Wednesday, August 5, 1981 / The Miami Herald 39.
(nip) � �� IJIIl.�SlSl1i1V
NOTICE OF CABLE TELEVISION
PUBLIC WORKSHOP
All interested persons and organizations that serve
the City of Miami, Florida are invited to attend a
public workshop to ascertain the needs that the
community has regarding the use of cable television
communications.
This workshop will be held at 7:30 p.m., Thursday,
August 6, 1981 in the Commission Chambers in City
Hall, Dinner Key, 3500 Pan American Drive, Miami,
Florida.
The results of this meeting will be used to assist the
City in developing an agreement with the successful
applicant for a City of Miami cable television license
to provide staff, equipment and programming for
the benefit of the Miami community.
For further information, call the office of Inter-
governmental Affairs. 579-6888,
Howard V. Gary
City Manager
TT
�,6f,r�, � �«.�5.: „_,b cw 0., Via. r..x:' <'44'is },`P..a.. _ ✓,iF':rn5��,.. .�� �T,.� �
MIAMI MOUICIA?
y am
r
AS the Miami Heral / Tueldey, Aug 25, l ••6
nn
NOTICE OF CABLE TELEVISION
PUBLIC MEETING.
THE CITY OF MIAMI HEREBY NOTICES ' MEETINGS
OPEN TO THE PUBLIC TO BE HELD ON FRIDAY,
AUGUST 28, 1981, AT. -9:00 A.M,,' SEPTEMBER 3,
1981 AT 9:00 A.M. AND CONTINUING THROUGH
SEPTEMBER 7, 1981 AS MAYBE. NECESSARY IN
THE COMMITTEE OF THE WHOLE CONFERENCE
ROOM OF CITY HALL, 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133. THESE MEETINGS ARE TO
BE HELD IN CONNECTION WITH DISCUSSIONS
BETWEEN THE CITY OF MIAMI AND AMERICABLE
OF GREATER MIAMI RELATING TO THE.
PROPOSED GRANT OF .A NON EXCLUSIVE
LICENSE FOR THE CONSTRUCTION, OPERATION
AND MAINTENANCE -.OF A CABLE TELEVISION
SYSTEM WITHIN THE CITY OF MIAMI.
REASONABLE ACCESS ACCOMMODATIONS 'WILL'
BE MADE FOR HANDICAPPED PERSONS WHO
SHALL GIVE WRITTEN NOTICE TO THE CITY
MANAGER AT LEAST. FORTY -:EIGHT HOURS PRIOR
TO THE DATE OF THE MEETING.
VERBATIM TRANSCRIPT OF THE MEETINGS WILL
BE MADE AVAILABLE FOR PUBLIC INSPECTION
WITHIN A REASONABLE TIME AFTER SUCH.
MEETINGS.
Howard V. Gary
City Manager
z
Im
14A The. Miami Herald / Wehesft,_j,' Sept. 2, 1981 6,64
NOTICE OF CABLE TELEVISION
PUBLIC MEETING
THE CITY OF MIAMI HEREBY NOTICES MEETINGS
OPEN TO THE PUBLIC TO BE HELD ON THURSDAY,
SEPTEMBER 3, 1981 AT 9:30 A.M. AND CONTINU-
ING THROUGH SEPTEMBER 7, 1981 AS MAY BE
NECESSARY IN THE COMMITTEE OF THE WHOLE
CONFERENCE ROOM OF CITY HALL, 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THESE
MEETINGS ARE TO BE HELD IN CONNECTION
WITH DISCUSSIONS BETWEEN THE CITY OF MIAMI
AND AMERICABLE OF GREATER MIAMI RELATING
TO THE PROPOSED GRANT OF A NONEXCLUSIVE
LICENSE FOR THE CONSTRUCTION, OPERATION
AND MAINTENANCE OF A CABLE TELEVISION
SYSTEM WITHIN THE CITY OF MIAMI.
REASONABLE ACCESS ACCOMMODATIONS WILL
BE MADE FOR HANDICAPPED PERSONS WHO
SHALL GIVE NOTICE TO THE CITY MANAGER.
VERBATIM TRANSCRIPT OF THE MEETINGS WILL —
BE MADE AVAILABLE FOR PUBLIC INSPECTION
WITHIN A REASONABLE TIME AFTER SUCH MEET-
INGS.
THIS NOTICE CHANGES THE TIMES OF THE PUB-
LIC MEETINGS THAT WERE PREVIOUSLY NOTICED
IN THIS NEWSPAPER ON AUGUST 25, 1981.
HOWARD V. GARY
CITY MANAGER
3
0
12A ' • The Miami News i We day. Sepfembar 2' 1991
NOTICE OF CABLE TELEVISION
PUBLIC MEETING
THE CITY OF MIAMI HEREBY NOTICES MEETINGS
OPEN TO THE PUBLIC TO BE HELD ON THURSDAY,
SEPTEMBER 3, 1981 AT 9:30 A.M. AND CONTINU-
ING THROUGH SEPTEMBER 7, 1981 AS MAY BE
NECESSARY IN THE COMMITTEE OF THE WHOLE
CONFERENCE ROOM OF CITY HALL, 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THESE
MEETINGS ARE TO BE HELD IN CONNECTION
WITH DISCUSSIONS BETWEEN THE CITY OF MIAMI
AND AMERICABLE OF GREATER MIAMI RELATING
TO THE PROPOSED GRANT OF A NONEXCLUSIVE
LICENSE FOR THE CONSTRUCTION, OPERATION
AND MAINTENANCE OF A CABLE TELEVISION
SYSTEM WITHIN THE CITY OF MIAMI.
REASONABLE ACCESS ACCOMMODATIONS WILL
BE MADE FOR HANDICAPPED PERSONS WHO
SHALL GIVE NOTICE TO THE CITY MANAGER,
VERBATIM TRANSCRIPT OF THE MEETINGS WILL
BE MADE AVAILABLE FOR PUBLIC INSPECTION
WITHIN A REASONABLE TIME AFTER SUCH MEET-
INGS.
THIS NOTICE CHANGES THE TIMES OF THE PUB-
LIC MEETINGS THAT WERE PREVIOUSLY NOTICED
IN THIS NEWSPAPER ON AUGUST 25, 1981.
HOWARD V. GARY
CITY MANAGER
1"
t k,,,
The Miami News i Frlday. October 9, 1981
Ull t� lJ �llu �1 V
NOTICE OF MEETING
TO CONSIDER CABLE TELEVISION
ORDINANCE
THE CITY OF MIAMI HEREBY NOTICES A MEETING
OF THE CITY COMMISSION OPEN TO THE PUBLIC
TO BE HELD ON TUESDAY, OCTOBER 13, 1981, AT
9:00 A.M. IN THE CITY COMMISSION CHAMBERS
OF CITY HALL, 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
THE CITY COMMISSION WILL CONTINUE
CONSIDERATION OF AND VOTE UPON A
PROPOSED ORDINANCE GRANTING A
NONEXCLUSIVE LICENSE TO MIAMI TELE-
COMMUNICATIONS, INC. AND AMERICABLE OF
GREATER `MIAMI, LTD. FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF MIAMI.
REASONABLE ACCESS ACCOMMODATIONS WILL
BE MADE FOR HANDICAPPED PERSONS WHO
SHALL GIVE NOTICE TO THE CITY MANAGER.
HOWARD V. GARY
City Manager
S
•bsb Monday, Oct. 12, 1981 / The Miami Herald
(0 ffimflu
NOTICE OF MEETING
TO CONSIDER CABLE
TELEVISION
ORDINANCE
All interested persons please take notice that the
City Commission of the City of Miami, Florida will
meet in special session on Tuesday, October 13,
1981 at 9:00 o'clock A.M. and if necessary on Mon-
day, October 19, 1981 at 2:00 o'clock P.M. in the
City Commission Chamber, 3500 Pan American
Drive, Miami, Florida for continued consideration of
and final vote in connection with a proposed ordin-
ance granting a nonexclusive license to Miami
Telecommunications, Inc. and Americable of Greater
Miami, LTD. for the construction and maintenance
of a Cable Television System within the City of
Miami.
RALPH G. ONGIE
CITY CLERK
CITY OF MIAMI, FLORIDA
AllAMill OMPA1
ihday
MIAMI REVIVY
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally appeared
Dianna Shiver, who on oath says that she Is the Assistant to
the Publisher of the Miami Review and Dolly Record, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published el Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
City of Maimi
Re:
ORDINANCE NO. 9332
in the ......... X..X ..X................... . ... Court,
was published In said newspaper In the Issues of
Oct.23r 1981
Afflant further says that the sold Miami Review and Dally
Record Is a newspaper published at Miami in said owe County,
Florida, and that the said newspaper has heretofore been
continuously published In said Dods County, Florida, each day
(except Saturday, Sunday and Legal Holidays] and has been
entered as second class mall matter at the post office In
Miami In said Dods County, Florida, for a period of one year
next preceding the first publication of the attached copyy of
advertlsoment; and slflont further says that she has no Char
paid nor pmmised any person, firm or corporation any discount,
rebate, commission or refund lot the purpose of securing this
advertisement for publication In the said newspaper.
t;
``-Z`• vsotn to and sbbsorlbed before me this
2 3 rdday olZ ' . i Oc , i� D. 1D...... 81
+• ally J. Brooks
�t; berg PtlbYc, State of Florida at Large
(SEAL) :� • .
My Commission exptres, JSi j `I�9¢Y ,, .
MR 115 •///+r,trtuut��
CITY OF MIA.ARI
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested will table notice that on the 19th day of October,
1981, the City Commission of Miami, Florida adopted the following
titled ordinance:
ORDINANCE NO. 9332
AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO
MIAMI TELE-COMMUNICATIONS, INC. AND AMERICABLE OF
GREATER MIAMI, LTD. FOR THE PRIVILEGE TO USE THE STREETS
AND PUBLIC WAYS WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MIAMI TO CONSTRUCT, OPERATE AND MAINTAIN
n r aRl-F TFI FVICION SYSTEM UNt1EA CERTAIN TERMS AND
CONDITIONS AND PROVIDING OTHERWISE WITH RESPECT
THERETO AND CONTAINING A SEVERABILITY CLAUSE.
Ralph G. Ongie
City Clerk
oQ� City of Miami, Florida
G9OfCO FI�Q
Publication of this Notice on the 23 day of October 1981
10123 ' MBI-102302
7
MIAMI REVIEW
AND DAILY RSCORD 46
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
StAt•E OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianne Stovar, who on oath says that she Is the Assistant to
the publisher of the Mlathl Review and Daily Record, a dally
(ext:ept Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advettlsen►ent, being a Legal Advertisement of Notice
in the matter of
City of Maimi
Re:
ORDINANCE NO. 9332
in the .......... ..K ..X....................... Court,
was published In said newspaper In the Issues of
Oct.23, 1981
Affiant further says that the said Miami Review and Dally
Record Is a newspaper published at Mlaml In said Dade County,
Florida, and that the sold newspaper has heretofore been
continuously published in said Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mall matter at the post office in
Miami In sold Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement: and afftanl further says that she has neither
paid nor promised any person, fine or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Swofn to and subscribed before me this
23rc? ....... day of ., DC.t .....,a:0.,s......
�1
,
betty J. Brooks
( Nbtary Public,' State of Florida at Large
(SEAL)
My Commission expires June ,1, 1983.
MR 115
city OF MIAMI
Dill-,0UNtYj I:LOIRIOA
LdOAL NOtIC€
All interested will take notice that on the 19th day of October,
1gel. the City Commission of Miami, Florida adopted the following
Itled ordinance:
ORDINANCE NO. 9332
AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO
MIAMI TELECOMMUNICATIONS, INC. AND AMERICABLE OF
GREATER MIAMI, LTD. FOR THE PRIVILEGE TO USE THE STREETS
AND PUBLIC WAYS WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MIAMI TO CONSTRUCT. OPERATE AND MAINTAIN
A rARI' F TFI r-VI'ION SYSTFM kINDFR CERTAIN TERMS AND
CONDITIONS AND PROVIDING OTHERWISE WITH RESPECT
THERETO AND _CONTAINING A SEVERABILITY CLAUSE.
rG� V:OE �3
i1
Ralph G. Onote
City Clerk
vf; City of Miami. Florida
0
q�FCo_FLO� fi
Piiwi.-dtuon of this Notice un the 23 day of October 1981
to;?"; Mal-102302
Prepared by:
MARJORIE SASSER
OFFICE OF INTERGOVERNMENTAL AFFAIRS
Revised: 10/8/81
In
C K R E 11 1
0
SC mu_
Prepared by:
MARJORIE SASSER
OFFICE OF INTERGOVERNMENTAL AFFAIRS
Revised: 10/8/81
ITEM NO,
1
2
3
4
5
6
7
8
9
10
11
12
13
TABLE OF CONTENTS
SCHEDULE OF PAYMENTS TO CITY
TIME SCHEDULES
FINANCIAL REQUIREMENTS & PENALTIES
PLANS TO BE SUBMITTED TO THE CITY
MCAC - MIAMI CABLE ACCESS CORPORATION
REPORTS
LIMITATIONS UPON LICENSEE
CAUSES FOR CITY TERMINATION OF LICENSE
PENALTIES (OTHER THAN TERMINATION)
STATE-OF-THE-ART
LICENSE REIMWAL
SUBSCRIBERS RIGHTS INVOLVING TIMES & DATES
COMPANY'S OBLIGATION TO OBTAIN OPERATING AUTHORIZATION
PAGE
1
2
5
8
9
10
12
13
14
16
17
17
17
Item 1 SCHEDULE OF PAYMENTS TO CITY
DATES LICENSE FEE CONTRIBUTION
INSTITUTIONAL ACCESS CORP.
SECURITY CONSTRUCTIO.4 SYSTEM
(5%) (3%) *
PUBLIC ACCESS START-UP FUND
FUND BONDS INVESTMENT
EQUIP.& BUDGET
Oct. 1, 1981 $225,000** $150,000**
Then quarterly
on each
Jan. 1 $225,000 $150,000
April 1 $225,000 $150,000
July 1 $225,000 $150,000
October 1 $225,000 $150,000
Annual minimum $900,000 $600,000
ro
a
M Over life of.License
$2,000,000 (Equipment)
as per approved plan
Annually starting
yr.3 of eff. date
of Ordinance
$1,000,000 (Budget)
Annual -Paid
$200,000 (Police)
Quarterly
Within 30 days of
$200,000
access incorporation
Within 10 days of
$2,.000,000'
eff. date of Ord.
Prior to construction
$3,000,000
During 3 yrs. after
$45,000,000
eff. date of Ord.
NOTE. Effective date of Ordinance is 30 days
after passage of Ordinance by City
Cormission.
* To be allocated by the City. 20% to Public Access for 5 yrs.
** Minimum payment due; amounts that exceed
these minimums are due on the 20th
of each Jan., April, July & Oct.
L,:I
i
Item 2 Timt SCHFbt Lts
Page
Ito. Section
15 210 a Within 10 days after date of Ordinance company shah execute & deliver
an acknowledgment that it understands that upon issuance of the license
to the company, the company is bound by the terms, conditions, and
obligations.
64 1001 a Vj in _10 days _after _ -effective_ date of ordinance company to
deposit $2,.000,.000 with Finance Department.
65 1001 c If company fails to pay in 10 days any compensation to City, or
fails after 3_days notice of each failure to comply, City may
withdraw the amount with interest from the security fund.
6E 1001 d Company has 10 days after date of notice that any amount has
been withdrawn from the security fund to restore fund. Failure
to replenish sescurity fund subjects company to penalties in
Sec. 1002 and interest on the amount by which the security fund
has been reduced at above prime rate.
72 1005 d Within 10 days after effective date of Ordinance, company to
(1,2,3) comply with insurance requirements.
30 days
18 301 a within 30 days after effective date of Ordinance, company shall present
a plan to City Manager for installation, operation & Maintenance of a
System, to cost not less than $$45,000,000.
18 302 Subject to the construction schedule, company shall furnish Basic
Subscriber Service within 30 days of a request for such service.
29 403 b Company to provide $200,000 start-up fund for community access
corporation within 30 days of its incorporation.
35 601 a,c Company to submit construction plan within 30 days after effective
date of Ordinance, and to complete it in 3 yrs.
44 703 Within 30 des _after effective date of Ordinance, City Manager
to establish a Cable Communications Agency, with himself as Director.
47 704 c Within 30 days after company's annual reports are available to the
public (not later than April), City Manager to review performance and
report to City Commission.
Within 30 days after City Manager's report, City Commission shall hold
a public hearing.
61 903 Within 30 days of notice from the City, company shall reimburse City
for all cost in the award of license through the date of approval
by the City Manager of the plans required in Section 301 and 601.
70 1004 City Manager shall notify company in writing of alleged violation
& company shall be allowed no more than 30 daysor such other
time as the Manager may specify, to correct such violation, or be
assessed penalty.
Page 2
Item 2 * OTiRt ScHtbutts j Cont' d,_
page
Rd, 5ectibh
60 U
16 301 b City Manager shall report to City Commission on status of the plan,
and within 60 days after the effective date of the Ordinance,
35 601 b
90 days
.16, 210 b Within 90 days after effective date of Ordinance, company shall
17 deliver to City Manager forecasted annual balance sheets, income
statements & statements of changes in financial position for the
term of the license and supporting schedules and documentations
for the forecasted revenue.
210 c Within 90 days after effective date of Ordinance, any person or
institution from which company has obtained financial commitment
shall review the financial forecasts.
29 403 a k�ithin•_90 days after effective date of Ordinance, company shall submit
last para. to City Manager a detailed plan & budget, showing specific access
services, facilities & equipment the company shall provide.
31 404 In 90 days after effective date of Ordinance, company to submit to
City Manager for approval a plan of dollar commitment clearly showing
the extent staff, facilities or equipment to be used for both access
programming and local origination programming.
37, 603 City may terminate license for failure to meet construction schedule
38 plans. 90 days may be considered as constituting violation of terms
of license.
77 1104 b Within 90 days after effective date of the Ordinance, company to
submit plan to City for approval for establishment of and budget for
training programs as referred to in Section 1104 a.
120 days
26 402 c Within 120 days after effective date of Ordinance, City Manager to
present recommendation to City Commission as to structure and
timetable for establishment of MCAC.
6 months
48 705 a Progress report of status of construction is due within 6 months
after effective date of Ordinance and monthly thereafter.
67 1002(1) For failure to commence construction within 6 mo. after effective
date of Ordinance, unless Commission approves otherwise, company
shall pay $10,000 per day for delay.
Page 3
Item 2 TIME; SCH2bULS8, Cont'd,
Page
No, Section
AMIUALLY
27 402 q City to conduct annual audit of books & records of MCAC.
31, 405 a Company to contribute annually,3% of gross revenue or S_600,obQ,whichever
32 is greater, of which City shall contribute for 5 _ rs. to access
corporation 20% or $200,000, whichever is greater. After 5 yrs.
City contributes as its deems appropriate. Company to contribute
• quarterly.
35, 601 c Company to accomplish significant construction within 1-yr. after
36 effective date of ordinance and shall offer service throughout the
City in 3 yrs. after effective date of Ordinance.
45, 704 a,b Annually, after effective date of Ordinance, company to submit a
46 report on the 13 areas listed in Sec. 704 (a)
704 c 30 days thereafter City Manager to review & report to Commission - then
30 days after City Manager report, Commission to hold public hearing.
49 708 a Company to submit annual report to City Manager 105 days after close
of fiscal year of the City, including 6 areas itemized in Sec. 708 a.
2 yrs.
55 805 Rates same for minimum of 2 yrs, after construction of System.
3 yrs.
35 601 a Construction of System is to be completed within 3 yrs. after
effective date of Ordinance.
Miscellaneous
26 402 d Within 9 mo. of incorporation, MCAC shall submit to City Manager a 3-yr.
plan for operation of System's access service, & a report of service.
402 e At least 3 mo. prior to close of City's fiscal yr., MCAC to submit to
City Manager a detailed budget for upcoming fiscal yr.
48 706 On or before dates of payments, and 60 days after expiration of
license, company shall furnish to Finance Director and City Manager
a revenue report and reconciliation of revenues to payments to City.
61 902 a Company shall make the lst minimum quarterly payment under Sec. 901(b)
and the quarterly portion of the annual contribution under Sec. 405
on October 1, 1981 & thereafter on the 1st day of each January, April,
July and October.
902 b Company shall report, in detail as the Director of Finance may require,
before the 20th day of each Jan., April, July & October its gross
revenues for the preceding calendar quarter and shall remit any
amounts which exceed the minimums.
Page 4
Item 3 NANC At, _p `OtJfi t M NTS & p t�A1,fi L5
Page
No. Section
18 301 a Cost of System to be not less than $.45:,00.0,000.0
27 403 a Company to commit at least $2,000,000 to provide facilities
equipment for public access corporation = and-
$1,000,000 for annual operating budget starting the 3 d;y, . after
effective date of this Ordinance.
I
29 403 b Company to provide $200.000 start-up fund for community access
corporation within 03 day s of its incorporation.
31, 405 a Company to annually pay 3% of company's gross revenues, or $600,000,
32 whichever is greater, of which City shall contribute for.5 yrs. to
access corporation, 20% or $200,000, whichever is greater. Zjjrr
5 yrs. City contributes as it deems appropriate - to be paid quarterly.
36 602 a,b Company to obtain construction performance & payment bonds in the
amount of $3.000,000 - in effect 3 yrsor until completion of System.
City Manager may increase or decrease face amount of bonds on each
anniversary date. (When is company to obtain bonds?)
53 802 Company to file with City Manager & City Clerk schedules describing
services offered, all rates & charges, and all terms or conditions
relating thereto. (To file when?)
55 805 Rates shall remain same for a minimum of 2 yrs,after Systetr. is completed.
60 901 a Company to pay an annual sum of 5'L of gross revenues of System, to
be paid quarterly. (10% max.- FCC waiver fee necessary for over 3%)
901 b Miminum quarterly $225,000.
61 902 a,b st minimum quarterly payment and quarterly portion of annual
contribution (Sec. 405) to be paid on October 1, 1981 and thereafter_
on the lst of each Jan., Apr., July & Oct. On the 20th amounts over minimum.
62 904 Interest for late payment will be . above prime rate. (on qtr. payments)
905 All payments by certified check.
906 If company continues after termination or expiration of license, it
shall pay at the rate in effect at time of termination or expiration.
907 Company to pay City rate required by Ordinance regardless of whether
FCC may impose a lower maximum rate of compensation.
63 908 Company will pay City costs by City for any renewal of license.
64 1001 a Within 10 days after effective date of Ordinance, Company shall deposit
-- -$2.000.000 with Finance Department. At beginning of 6th_y , this may
be reduced to $1,000,000 and at beginning of I"t yr to $ 00,000. This
-- is in addition to the construction performance & payment bonds required
_ by Section 602. (Security deposit)
_ 65 1001 c If Company fails to pay in 10 day s any compensation or repay City any
damages, costs, etc.,or fails after 3 days notice of such failure by the
City to comply with any provision of license, City may withdraw the
amount with interest from the security fund.
Page 5
F]
L]
Item 3 VINANCIAb VEQUI tfMfNTS & MALTISS, CoW d.
Page
No. Section
65 1001 d Company has 10 days after date of notice to restore the security fund.
Failure to do so would require the company to pay interest on the
amount by which security fund was reduced at 3% above prime rate.
66 1001 f security fund to become property of City in event license is canceled
by default of company or by transfer or sale of System within 5 yrs.
of completion of System, as specified in Section 204(i).
1001 g City to invest security fund and company to receive the interest.
67 1002(1) for failure to begin construction within 6 months of effective date of.
license, company shall pay $10,000 per day. (Also, see 1001 d)+
1002(2) For failure to complete System construction as required in Sec. 601,
company shall pay $10,000 per dam.
1002(3) For failure to provide data, reports, etc. (as in Sec. 403 & 404),
company shall pay $1,000 per day.
66 1002(4) For failure to comply with operational or maintenance standards,
company shall pay $2,500_per day.
1002(5) For failure to make start-up payment to community access corporation
under Section 403, company shall pay $2,500 per day.(See Sec.904 & 1001d)
1002(6) For failure to provide services & programs as required by this
Ordinance, company shall pay $2,500 per day.
69 1002(7) For failure to make payinents or replenish the security fund, company
shall pay $2,500 per dam- (also, see Section 1001 (d) & 904)
1003(al) In addition to penalties in Section 1002, for repeated violation of
any provision of Ordinance, City Commission may impose a financial
penalty of up to $2,500 per day or per incident, and may be charged
to company's security fund.
70 1003(b) If City Manager deems it necessary, City may hire, at company's expense
an independent auditor to audit the company.
1004 City Manager shall notify company in writing of any violation & company
shall be allowed not more than thirty days to correct violation or
will be assessed penalty.
72 1005(dl) Within 10 days after effective date of Ordinance, company shall maintain
in effect a general liability policy of not less than $1,000,000 bodily
injury coverage and $1,000,000,000 property damage resulting from any
- one occurrence. City to be named as additional insured.
1005(d2) Also, shall maintain in effect automobile liability insurance policies
of not less than $100,000/$300,000/$100,000.
1005(d3) And, not less than $1,000,000 general liability for any matter contained
in or resulting from the transmission of any communication over the System.
Page 6
Item 3 V1=4CiAL RtquntmnTs & nNALTIPS, Cont'd.
Page
No' Section
76 11� e Financial penalties may be assessed for non-compliance with an
approved Affirmative Action Plan, Section 1103(a) calls for company
to submit plan to City within 90 days after the effecti�re date of
Ordinance & to make effort so that within -yrs.employment will be
equal to racial and ethnic composition of the City (in b); and (e)
calls for semi-annual reports of progress of. the Plan.
77 1104 b Within 90 days after date of Ordinance, company shall submit to City
a plan for the establishment of and budget for employment training
programs as referred to in Sec. 1004(a),
83 1205 b Upon termination or expiration of license, City my require the transfer
of System to the City or its designee. Purchase price to the City
for the System shall be its then fair market value.
85 1207 Upon termination or expiration of license for a broadband communications
facility, City Commission may, direct the company to operate the same
for the account of the City for a period of 6 mos & company agrees to -
comply. City shall pay the company all costs incurred by its operation
of such facility.
87 1208 e Should there be arbitration, City will pay no more than half of costs.
97 1411 Company shall pay interest at annual rate of 8% on any deposit required
of a subscriber. - may be credits to subscribers.
Page 7
Item 4 PLANS TO tt SU MITTEb TO THE CITY
Page
No. Section
18 - 301 a Within 30 days after effective date of Ordinance, company shall
submit construction and System design plans to City.
16 210 b Within 90 days after effective date of Ordinance, company to
present financial plans forecasts of annual balance sheets,
income statements & statements of changes in financial positions.
29 403 a Within 90 days after effective date of Ordinance, company to submit
a detailed plan & budget showing what access services will be
provided.
31 404 a Within 90 days after effective date of Ordinance, company to submit
a plan of dollar commitment for Local Programming - the extent
staff and facilities will be used for access programming and local
programming.
96 1409 a,b Before System becomes operational, company shall submit plans to
City Manager with respect to how the company will protect the security
of viewer information from unauthorized use or eavesdropping, and
shall not commence operation of System until such plans have been
approved by City Manager.
Page 8
11�l1lIl17i1'�'19A!!IF'irq�Renr"• """•••••••••"•""•
Item MCAC
Miami Cable Access Corporation
Page
No. subject
26 402 c
Within 120 days after effective date of ordinance, City tIanager
to make recommendation to City Commission as to structure and
timetable for establishment of MCAC.
26 402 d
Within 9 mo. of incorporation, MCAC shall submit to City Manager
a 3-yr plan for management, operation & use of System's access
service, and a report assessing the needs the service should serve.
26 402 a
At least 3 mo. prior to close of the City's fiscal yr., MCAC shall
submit to City Manager a detailed budget for upcoming fiscal year.
27 402 g
City to condict annual audit of books & records of MCAC.
29 403 b
Company to provide $200,000 start-up fund for community access
corporation within 30 days of its incorporation.
31, 405 a
Company to annually pay 1% of company's gross revenues, or $600,000
32
whichever is greater, of which City shall contribute for 5 years to
access corporation 20%, or $200,000, whichever is greater. After
5 yrs. City contributes as it deems appropriate - to be paid quarterly.
Page 9
Item 5 N?Pot Ts
Page
No. section
12 .204 e Company to notify City of any actual or proposed change of
ownership. Every change shall make the license subject to
termination unless and until City consents thereto.
is 210 a Within 10 days after effective date of ordinance, company shall
notify City Manager in writing an acknowledgement of understanding
of license
18 301 a Within 60 days after effective date of Ordinance, City Manager to
and report to City Commission on status of the construction and system
35 601 a design plan.
16 210 b Within 90 days after effective date of Ordinance. company shall
deliver to City Manager forecasted annual balance sheets, income
statements and statements of changes in financial positions
16, 210 c Within 90 days after effective date of Ordinance, anyone who has
17 made a financial commitment in connection with construction or
operation of System shall review the financial forecasts and
submit in writing to City Manager a confirmation of financial
commitment to company.
26 402 c Within 120 days after effective date of Ordinance, q-ity Manager
to make recommendation to Commission as to structure and timetable
for establishment of MCAC.
48 705 a 6 months after effective date of Ordinance, and monthly thereafter
company to report progress of construction of System.
48 706 Quarterly reports of revenue on 20th of Jan., April, July and Oct.
and
61 902 b
45 704 a,b Annually, company shall report to City Manager in 13 areas, for
46., purpose of reevaluation.
47 704 c 30 days after company's annual reports, City Manager to review
and report to City Commission. _30 days after Commission receives
City Manager's report Commission to nold a public hearing.
49 708 Annually,_105 days after close of City's fiscal year a report on
6 ares of finance, ownership and activities.
Page 10
Item 6 PtPORTS, Cont'd.
Page
No, Section
53 802
Company shall file with City Manager and City Clerk schedules
of services, rates and terms relating thereto,
58 807a,b,d
After 2 yr, period following System completion company may petition for
rate increase. Petition must include a financial report.
61 902 b
Company shall report quarterly before the 20th of each Jan.,
April, July and October its gross revenues for the preceding
calendar quarter & shall remit therewith the amount by which
the amounts exceed the minimum payments.
71 1004
If company does not remedy or end a violation City Manager may
penalize (Sec. 1002/1003) and shall submit a report to City
Commission with respect thereto.
76 1103 e
Company shall submit semiannual reports toward meeting Affirmative
Action goals until completion of construction. Thereafter, such
reports shall be made annually.
88 1301 a,c
If company seeks renewal of license, City Manager shall report to
City Commission within 4 months thereafter and make recommendations.
93 1406
Upon request from City, company shall, within 7 days, send written
report to City regarding any subscriber complaint.
Page 11
Item I LIMITATIONS UPON LICENStg
Page
No. Section
11 204 a Company shall be subject to City's police powers and regulations
as the City Commission and City Manager and Cable Communication
Agency may promulgate.
204 b City reserves right to designate where company's facilities are
to be placed within the public rights -of -way.
204 c License shall not be transferred, or assigned, without Commission
approval.
204 d A mortgage, pledge, or other encumbrance of the System's
equipment, license or revenues, shall be made only with approval
of City Commission.
12 204 e Company shall notify City of any change in control or ownership
of company.
13 204 i In event System is transferred, or sold prior to completion of
construction or within 5 yrs. after the effective date of this
Ordinance, whichever is longer, the company shall forfeit its
security fund, as provided in Section 1001(f) and all proceeds
in excess of System's then book value shall be paid to the City.
14 205 Company, nor officer, nor partner of company shall hold any stock
or interest in any other radio or TV station whose signals are
carried on the System on a regular basis.
Page 12
Itetn $ CAUSSS FOR CITY TtRMiNATION OF LICtNSS
Page
No. Section
11 204 c,e License may not be transferred or sold without City approval.
17 210 d Pot failure of company to deliver financial forecasts or a
determination by City Manager that company cannot comply
with terms & conditions of Ordinance.
18 301 b If construction plan is not approved by City Manager, Commission
may void license.
35 601 b If plan is not approved by City Manager, Commission may void license.
37, 603 For failure to meet construction schedule.
38
52 710 c For false accounts or records.
79 1201(1) Company fails to comply with terms or conditions.
(2) If any provision of license becomes invalid & City finds continuation
of license is not in the public interest.
(3) If company has made assignment for benefit of creditors.
(4) If receiver has been appointed to take over company (with exceptions).
(5) If System is inoperative for 10 consecutive days or for 30 days
out of any consecutive 12 months.
82 1203 If streets are closed, privilege with respect to said streets will
be terminated.
1204 If System is condemned pursuant to law.
1205 City has right to acquire or to transfer ownership.
99 1504 City may terminate or amend license in event City determines that
compliance with the original terms of Ordinance has been frustrated
by state, county or federal requirements.
101 1510 If Ordinance is held invalid by any court, at City's discretion,
license may be terminated.
Page 13
Item 9 PFNALTILS
(Other Than Termination )
Page
No. Section
62 904 For late payment, interest shall apply at 3% above the then prime
rate.
55 1001 d Company has 10 days after date of notice to restore the security fund.
Failure to do so would require the company to pay interest on the
amount by which security fund was reduced at -IL above prime rate.
66 1001 f Security fund to become property of City in event license is canceled
by default of company or by transfer or sale of System as specified
in Section 204 (1).
1001 9 City to invest security fund and company to receive the interest.
67 1002(1) For failure to begin construction wi thin 6 months of effective date of
license, company shall pay $10,000 per day. (Also, see 1001 d)
1002(2) For failure to complete System construction as required in Sec. 601,
company shall pay $10,000 per day.
1002(3) For failure to provide data, reports, etc. (as in Sec. 403 & 404),
company shall pay 1,000 per day.
68 1002(4) For failure to comply with operational or maintenance standards,
company shall pay 12,500 per day.
1002(5) For failure to make start-up payment to community access corporation
under Section 403, company shall pay $2,500 per day.(See Sec.904 & 1001d)
1002(6) For failure to provide services & programs as required by this
Ordinance, company shall pay $2,500 per day.
69 1002(7) For failure to make payments or replenish the security fund, company
shall pay $2,500 per day. (also, see Section 1001 (d) & 904)
1003(al) In addition to penalties in Section 1002, for repeated violation of
any provision of Ordinance, City Commission may impose a financial
penalty of up to $9,500 per day or per incident, and may be charged
to company's security fund.
70 1003(b) If City Manager deems it necessary, City may hire, at company's expense
an independent auditor to audit the company.
Page 14
n
•
Item 9 PENALTIES, Cony d.
Page
No. Section
70 1004 City Manager shall notify company in writing of any violation & company
shall be allowed not more than thirty days to correct violation or
will be assessed penalty.
76 1103 a Financial penalties may be assessed for non-compliance with an
approved Affirmative Action Plan. Section 1103(a) calls for company
to submit plan to City within 9b 6ays after the effective date of
Ordinance & to make effort so that within 3 yrs.employment will be
equal to racial and ethnic composition of the City (in b); and (e)
calls for semi-annual reports of progress of the Plan.
Page 15
Page
No. Section
43 607
•
Item 10 STATt=OV-THER ART
•
Company shall construct and maintain a state -of -the --art System
as approved by the City Manager.
45, 704 a(8) Company shall submit a report to the City Manager on the state-
46 of -the -art- technology in design and services of the System.
b Report(704 a) to be submitted annually after effective date of
Ordinance until System is completed. Thereafter, company shall
submit a report covering the subsequent 2-yr. period, and
thereafter, covering each 3-yr. period. Reports to be made
by April 1 of the year following the time covered by report.
47 704 c 30 days thereafter City Manager to review & report to Commission - then
30 days after City Manager report, Commission to hold public hearing.
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ltetn 11. LICtM5t RMVkt
Page
No, Section
88 1301 a Not less than 18 mo. prior to expiration of license, but no more
than 24 mo., company shall notify in writing of its intention to
seek renewal of license.
1301 b City Manager to give public notice and investigate to determine
whether company has performed satisfactorily
89 1301 c Within-4_=. after receipt of company's renewal notification,
City Manager shall prepare report to Commission and make recommendations.
1301 d Within 45 days after receipt of City Manager's report, Commission
shall hold a public hearing. If performance was satisfactory
license may be renewed.
1301 a If performance was unsatisfactory, new applicants may be sought &
evaluated.
Item 12 SUBSCRIBERS' FIGHTS INVOLVI14G TIMES & DATES
91 1405 a In event service to subscriber is interrupted for -AIL or more
consecutive hrs. (with exceptions), company shall provide a 20!
rebate of monthly fees.
1405 b In event service to subscriber is interrupted for 72 or more hrs.
(with exceptions), company shall rebate 100% of monthly fees.
92 1406 a Subscriber complaints shall be acted upon by company within 2 days
of complaint. (also see Sec. 1406 d)
1406 b Company may interrupt service in an emergency situation after
48 hrs. notice.
93 1406 c City may inspect complaint records of company. Upon City's request
company shall within 7 days send written report of complaint.
95 1407 Subscriber privacy - use of data shall be provided the affected
scriber within 10 days of procurement. Further disclosure shall
be detailed in writing to subscriber within 30 days of such
disclosure.
97 1411 Company to pay interest of 8% on deposits required of subscribers.
Item 13 COMPANY'S OBLIGATION TO OBTAIN OPERATING AUTHORIZATION
100 1507 Company to request authorization with Dade County and FCC within 60 days
from the effective date of Ordinance.
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