Boynton07 Chapter 7
COMMUNITY ANTENNA TELEVISION SYSTEMS*
Art. I. In General, §§ 7-1—7-20
Art. II. Franchises, §§ 7-21—7-41
Art. III. Installation and Maintenance, §§ 7-42—7-49
*Editor's note-Ord. No. 83-13, enacted May 3, 1983, granted a nonexclusive license to Centel Cable Television Company of Florida, to operate a community antenna television system within
certain areas of the municipal limits of the city.
ARTICLE I. IN GENERAL
Sec. 7-1. Definitions.
For the purpose of this chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
CATV. “CATV” shall mean a community antenna television system as hereinafter defined.
City. “City” shall mean the City of Boynton Beach, a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged
or reincorporated form.
Community antenna television system. “Community antenna television system” shall mean a system of antenna, coaxial cables, wires wave guides, or other conductors, equipment or facilities
designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean:
(a) The transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the
manner commonly known and referred to as “pay television.”
(b) A private community antenna
system, e.g., which is a system of equipment designed to receive and distribute television and radio sign
als serving a minimum of ten (10) residential units in a condominium or nonprofit homeowners' association.
Council. “Council” shall mean the present governing body of the city or any future board constituting the legislative body of the city.
Franchise. “Franchise” shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain
a CATV system in the city. Any such authorization, in whatever terms granted, shall not mean and include any license or permit required for the privilege of transacting and carrying
on a business within the city in accordance with Chapter 13 of this Code of Ordinances.
Grantee. “Grantee” shall mean the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this chapter, and the lawful successor,
transferee or assignee of said person, firm or corporation.
Gross annual receipts. “Gross annual receipts” shall mean any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly
or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city.
“Gross annual receipts” shall not include installation and line extension charges, or any taxes on services furnished by the grantee imposed directly on any subscriber or user by any
city, state or other governmental unit and collected by the grantee for such governmental unit.
Property of grantee. “Property of grantee” shall
1
2 Boynton Beach Code
mean all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
Street. “Street” shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive, now or hereafter
existing as such within the city.
Subscriber. “Subscriber” shall mean any person or entity receiving for any purpose the CATV service of a grantee. (Code 1958, § 7A-1; Ord. No. 81-20, § 1, 6-16-81)
Sec. 7-2. Licensee; when term to be used.
When and in the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed,
operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use
of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions hereof as a “licensee” and in such event whenever
the term “grantee” is used herein it shall be deemed to mean and include “licensee.” (Code 1958, § 7A-2)
Sec. 7-3. Franchise required; unlawful acts
and practices.
(a) It shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means
of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(b) It shall be unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately-owned
area within the city which has not yet become a public street but is
designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio
signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless
such franchise is in full force and effect.
(c) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, inductively or otherwise, with any part of a franchise
CATV system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.
(d) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any
part of a franchised CATV system within this city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment
to the owner of said system.
(e) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television
signals, radio signals, pictures, programs or sound. (Code 1958, § 7A-3)
Sec. 7-4. Violations.
Any person, firm or corporation operating or attempting to operate a community antenna television system within the municipal limits of the city, without complying with the provisions
of this chapter with particular reference to obtaining a franchise to conduct such business, or after having obtained such a franchise, by failing to comply with all provisions hereof,
shall, upon conviction thereof, be punished as for a violation of this Code of Ordinances. Any day upon which a violation exists or continues shall be deemed a separate and distinct
offense. (Code 1958, § 7A-4)
Community Antenna Television Systems 3
Sec. 7-5. Filings to be with city manager.
When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city manager. (Code 1958, § 7A-5)
Sec. 7-6. Payment of publication expenses.
The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the
provisions of this chapter. Such payment shall be made within thirty (30) days after the city furnishes the grantee with a written statement of such expenses by delivery of same to the
city manager. (Code 1958, § 7A-5)
Sec. 7-7. Office in city required.
The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service
shall be promptly available to subscribers. (Code 1958, § 7A-5)
Sec. 7-8. Duty to provide service.
No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide
service to any subscriber who does not pay the applicable connection fee or monthly service charge. (Code 1958, § 7A-5)
Sec. 7-9. Council to perform duties in absence
of city manager.
In the event of the inability of the city manager to act or in the event of said officer's absence, all functions, duties and responsibilities herein prescribed or vested in said officer
shall be performed by the city council. (Code 1958, § 7A-6)
Sec. 7-10. Deregulation of rates.
(a) The regulation of rates controlled by this chapter is hereby suspended with authority and permission to the cable franchise holder to establish its own rates, subject however, to
the requirement that such rates as are established be filed with the city at least thirty (30) days before said rates are to become effective. The provision for deregulation of rates
provided by this section shall have no effect upon the continued obligation of the franchisee to pay to the city franchise fees provided by prior agreement between the parties.
(b) The city council recognizes the unique attributes of the cable television business which distinguish it from other industries. However, this council also notes that actual competition
among cable television companies in the city is extremely limited, thereby allowing a potential for monopolistic profits, which by their nature are contrary to established public policy.
For this reason, the city reserves the right to reinstitute rate regulation at any time it deems necessary in the future. (Ord. No. 78-13, §§ 1, 2, 4-4-78)
Secs. 7-11—7-20. Reserved.
ARTICLE II. FRANCHISES
Sec. 7-21. Council may grant.
A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the council to any person, firm or corporation, whether
operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.
No provision of this chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the council it is in the public interest to restrict the number
of grantees to one or more. (Code 1958, § 7A-11)
4 Boynton Beach Code
Sec. 7-22. Acceptance and effective date of
franchise.
(a) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless
and until all things required in this section and sections 7-29 and 7-30(a) and (b) hereof are done and completed, all of such things being hereby declared to be conditions precedent
to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the council may declare the
franchise null and void.
(b) Within twenty (20) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, the
grantee shall file with the city manager his written acceptance, in form satisfactory to the city attorney, of the franchise, together with the bond and insurance policies required by
sections 7-29 and 7-30(a) and (b) hereof, respectively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and
the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the city attorney.
(Code 1958, § 7A-12)
Sec. 7-23. Term; grounds for termination prior
to expiration of term.
No franchise granted by the council under this chapter shall be for a term longer than twenty (20) years following the date of acceptance of such franchise by the grantee or the renewal
thereof.
Any such franchise granted hereunder may be terminated prior to its date of expiration by the council in the event that said council shall have found, after thirty (30) days' notice
of any proposed termination and public hearing, that:
(a) The grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of
any franchise or permit issued hereunder; or
(b) Any provision of this chapter has become invalid or unenforceable and the council further finds that
such provision constitutes a consideration material to the grant of said franchise; or
(c) The city acqui
res the CATV system property of the grantee. (Code 1958, § 7A-13)
Sec. 7-24. Payments by grantee; fee; reports;
inspection of records; compensation
during “hold over.”
(a) Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise, a fee to be established by either negotiations between the grantor and
the city or by receipt of competitive bids for said franchise received pursuant to specifications and terms established by the city council. Such payment by the grantee to the city
shall be made annually, or as otherwise provided in the grantee's franchise, by delivery of the same to the city manager of the city, or in his absence to the city finance director.
(b) The grantee shall file with the city, within thirty (30) days after expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement
prepared by a certified public accountant, or person otherwise satisfactory to the council, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding
calendar year or portion thereof. It shall be the duty of the grantee to pay to the city, within fifteen (15) days after the time for filing such statements, the sum hereinabove prescribed
or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.
The city reserves the right to establish a minimum amount which any grantee hereunder shall pay to the city as a base fee hereunder during any franchise year, with said minimum amount
to be determined at the time said franchise is granted.
(c) The city shall have the right to inspect the
Community Antenna Television Systems 5
grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No
acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or
for the performance of any other obligation hereunder.
(d) In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the city, the grantee shall pay to the city reasonable
compensation and damages, of not less than one hundred per cent (100%) of its total gross profits during said period. (Code 1958, § 7A-14)
Sec. 7-25. Rights granted under franchise.
Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city,
and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires,
cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and in addition,
so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other
grantee franchised or permitted to do business in the city. The grantee shall not use the system to interfere or conflict with the services offered by public utilities regulated by the
Public Service Commission.
No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the
subscriber in the manner commonly known and referred to as “pay television,” and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box
or any other device or means for collection
of money for individual programs.
The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed and approved as herein provided. No increase in the
rate and charges to subscribers, as set forth in the schedule filed and approved with grantee's application, may be made without the prior approval of the council expressed by resolution.
(Code 1958, § 7A-15)
Sec. 7-26. Franchise limitations.
(a) Any franchise granted under this chapter shall be nonexclusive.
(b) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(c) Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public
property.
(d) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole
or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the council expressed by resolution, and then
only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed
in the office of the city manager within thirty (30) days after any such transfer or assignment. The said consent of the council may not be arbitrarily refused; provided, however, the
proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a
transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.
(e) Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter
or by any failure of the city to enforce prompt compliance.
6 Boynton Beach Code
(f) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department,
or board of the city.
(g) The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise
issued hereunder or because of its enforcement.
(h) The grantee shall be subject to all requirements of city ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.
(i) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city, utility company, or for others maintaining
poles in streets.
(j) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee,
or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the city; and the acceptance of any franchise hereunder
shall operate, as between grantee and the city, as an abandonment of any and all such rights, privileges, powers, immunities, and authorities within the city; to the effect that, as
between grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances
and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever. (Code 1958, § 7A-16)
Sec. 7-27. Rights reserved to the city.
(a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through
the exercise
of the right of eminent domain, at a fair and just value, which shall not include any amount for the
franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity,
the city's right of eminent domain.
(b) There is hereby reserved to the city every right and power which is required to be herein reserved or provided by any ordinance of the city, and the grantee, by its acceptance of
any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.
(c) Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the city from granting any identical, or similar, franchise
to any other person, firm or corporation, within all or any portion of the city.
(d) There is hereby reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance
or otherwise, on the part of the grantee.
(e) Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.
(f) The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during
the existence of any franchise granted hereunder. The city manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations
of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who
may be dissatisfied with the decision of the city manager may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of
the city manager, and the council may adjust, settle or compromise any controversy or cancel any charge arising from the
Community Antenna Television Systems 7
operations of any grantee or from any provision of this chapter. (Code 1958, § 7A-17)
Sec. 7-28. Application; council action;
condition included in franchise.
(a) Application. Application for a franchise hereunder shall be in writing, shall be filed with the city manager, and shall contain the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application
shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies.
(2) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various
components; the manner in which applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or
other facilities of other public utilities will be used for such system.
(3) A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any
CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof.
(4) A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is
requested.
(5) A statement or schedule in a form approved by the city manager of proposed rates and charges to
subscribers for installation and services, and a copy of proposed service agreement between the grantee a
nd its subscribers shall accompany the application. For unusual circumstances, such as underground cable r
equired, or more than one hundred fifty (150) feet of distance from cable to connection of service to subs
cribers, an additional installation charge over that normally charged for installation as specified in the
applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively
inaccessible subscribers within the city, service may be made available on the basis of cost of materials
, labor, and easements if required by the grantee.
(6) A copy of any contract, if existing, between the applicant and any public utility providing for the
use of facilities of such public utility, such as poles, lines, or conduits.
(7) A statement setting forth all agreements and understandings, whether wri
tten, oral or implied, existing between the applicant and any person, firm or corporation with respect to
the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corp
oration posing as a front or as the representative of another person, firm or corporation, and such inform
ation is not disclosed in the original application, such franchise shall be deemed void and of no force an
d effect whatsoever.
(8) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showin
g applicant's financial status and his financial ability to complete the construction and installation of
the proposed CATV system.
(9) The council may at any time demand, and applicant shall provide, such supple
mentary, additional or other information as the council may deem reasonably necessary to
8 Boynton Beach Code
determine whether the requested franchise should be granted.
(b) Council action. Upon consideration of any such application, the council may refuse to grant the requested franchise or the council may by ordinance grant a franchise for a CATV
system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers
in the city. The council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
(c) Condition. Any franchise granted pursuant to this chapter shall include the following condition:
“The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City of Boynton Beach, Florida, and no
other purpose whatsoever.”
Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction
which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. (Code 1958, § 7A-18)
Sec. 7-29. Faithful performance bond.
(a) The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the city manager, and at all times thereafter maintain
in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond in a company and in a form approved, by the city attorney,
in the amount of fifteen thousand dollars ($15,000.00), renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event
grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise
issued to the grantee thereunder, there shall be recoverable jointly and severally from the principal
and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment
of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition
to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may
have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days' prior
written notice of intention not to renew, cancellation, or material change, be given to the city.
(b) Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful
performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. (Code 1958,
§ 7A-19)
Sec. 7-30. Insurance policies required for
indemnification of city.
(a) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city manager, and at
all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of one hundred
thousand dollars ($100,000.00) in a company approved by the city manager and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers and
employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to any liability for damages
by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system,
and against any loss, cost, expense and damages resulting therefrom, including reasonable
Community Antenna Television Systems 9
attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
(b) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city manager and at
all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy,
in protection of the city, its officers, boards, commissions, agents and employees, in a company approved by the city manager and a form satisfactory to the city attorney, protecting
the city and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum
liability limits of five hundred thousand dollars ($500,000.00) for personal injury or death of any one person and one million dollars ($1,000,000.00) for personal injury or death of
two (2) or more persons in any one (1) occurrence, and fifty thousand dollars ($50,000.00) for damage to property resulting from any one occurrence.
(c) The policies mentioned in the foregoing paragraph shall name the city, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision
that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the city ten (10) days in advance of the effective date thereof; if such insurance
is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
(Code 1958, § 7A-20)
Sec. 7-31. Franchise renewal.
Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required herein for obtaining the
original franchise, except those which are by their terms expressly
inapplicable; provided, however, that the
council may at its option waive compliance with any or all of the requirements of section 7-28 hereof. (Code 1958, § 7A-21)
Secs. 7-32—7-41. Reserved.
ARTICLE III. INSTALLATION AND
MAINTENANCE
Sec. 7-42. Permits, installation and service.
(a) Permits. Within thirty (30) days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required
in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities.
(b) Construction and installation. Within ninety (90) days after obtaining all necessary permits, licenses and authorizations, grantee shall commence construction and installation of
the CATV system.
(c) Service. Within ninety (90) days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion
of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise,
as provided in section 7-29 hereof, shall be provided within one year from the date that service was first provided.
(d) Failure to supply service. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth
herein, shall be grounds for termination of such franchise, under and pursuant to the terms of section 7-23 hereof; provided, however, that the council in its discretion may extend the
time for the commencement and completion of
10 Boynton Beach Code
construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. (Code 1958, § 7A-26)
Sec. 7-43. Operational standards.
The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest
possible service. In determining the satisfactory extent of such standards the following among others shall be considered:
(a) That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution
to subscribers on the VHF band.
(b) That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence.
(c) That the system and all equipment be designed and rated for twenty-four (24) hours per day continuous operation.
(d) That the system provides a nominal signal level of 2000 microvolts at the input terminals of each TV receiver.
(e) That the system signal-to-noise ratio is not less than 40 decibels.
(f) That hum modulation of the picture signal is less than 5%.
(g) That the system use components having a VSWR of 1.4 or less. (Code 1958, § 7A-27)
Sec. 7-44. Location of property of grantee.
(a) Any poles, wires, cable lines, conduits or
other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the
city engineer acting in the exercise of his reasonable discretion.
(b) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately-owned area within the city which
has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, except those installed or erected
upon public utility facilities now existing, without obtaining the prior written approval of the city engineer and city manager.
The grantee shall not place any fixture or equipment where the same will interfere with any gas, electric, telephone, or sewer or water lines, fixtures, and equipment and the location
by the grantee of its lines and equipment shall be in such manner as to not interfere with the usual travel on said streets, alleys, and public ways, and the use of the same by gas,
electric, telephone, and water and sewer lines and equipment.
(c) In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing
electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities
underground. For the purposes of this subsection, “underground” shall include a partial underground system, e.g. streamlining. Amplifiers in grantee's transmission and distribution lines
may be in appropriate housings upon the surface of the ground as approved by the city manager and city engineer. (Code 1958, § 7A-28)
Sec. 7-45. Removal and abandonment of
property of grantee.
(a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has
been installed in
Community Antenna Television Systems 11
any street or public place without complying with the requirements of grantee's franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee
shall promptly, upon being given ten (10) days' notice, remove from the streets or public places all such property and poles of such system other than any which the city manager may
permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory
to the city manager.
(b) Any property of the grantee remaining in place thirty (30) days after the termination or expiration of the franchise shall be considered permanently abandoned. The city manager
may extend such time not to exceed an additional thirty (30) days.
(c) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the city manager shall prescribe. Upon permanent abandonment of the property of the grantee
in place, the property shall become that of the city, and the grantee shall submit to the city manager an instrument in writing, to be approved by the city attorney, transferring to
the city the ownership of such property. (Code 1958, § 7A-29)
Sec. 7-46. Changes required by public
improvements.
The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any
property of the grantee when required by the city manager by reason 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, and tracks or any other type of structures or improvements by public agencies; provided, however,
that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in section 7-45
hereof. (Code 1958, § 7A-30)
Sec. 7-47. City manager's action upon grantee's
failure to perform street work.
Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public
place, within the time prescribed, and to the satisfaction of the city manager, the city manager may, at his option, cause such work to be done and the grantee shall pay to the city
the cost thereof in the itemized amounts reported by the city manager to the grantee within thirty (30) days after receipt of such itemized report. (Code 1958, § 7A-31)
Sec. 7-48. Agreement for joint use of utility
poles to be filed with city manager.
When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be
filed with the city manager. (Code 1958, § 7A-32)
Sec. 7-49. Inspection of grantee's property and
records by city.
(a) At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of
the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with
the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request made
available in the city, and if the council shall determine that an examination thereof is necessary or appropriate, then all travel and
maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
(b) The grantee shall prepare and furnish to the city manager and the city finance director at the times and in the form prescribed by either of said officers, such reports with respect
to its operations, affairs,
12 Boynton Beach Code
transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection
with the franchise.
(c) The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets
and other public places in the city.
(d) The grantee shall file with the city manager, on or before the last day in June of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed
and in place in streets and other public places of the city. (Code 1958, § 7A-33)