18 of 1973 - Amending Title 20, by adding Chapter 33, providing for cable television systems. NULL t.HLL 11
✓VOTING Aye Nay Salt Lake City,Utah, March 6 19 73
Mr._Chairman. �tr t�;.
I move that the Cirdhance e p ed.
Barker
Harmsent
Harrison /I` A/14 4iAL
1 �
• Phillips
Result AN ORDINANCE
/ ,
AN ORDINANCE AMENDING Title 20 of the Revised Ordinances of Salt
Lake City, Utah, 1965, relating to License and Business Regulation, by
adding thereto a new chapter to be known as Chapter 33, providing for
cable television systems.
Be it ordained by the Board of Commissioners of Salt Lake City,
• Utah:
SECTION 1. That Title 20 of the Revised Ordinances of Salt Lake
City, Utah, 1965, relating to License and Business Regulation, be, and
• the same hereby is amended by adding thereto a new chapter known as
Chapter 33, providing for cable television systems, said chapter to
read as follows:
*: CHAPTER 33
CABLE TELEVISION SYSTEMS
Sections:
20-33-1. Compliance with chapter required.
20-33-2. Definitions.
20-33-3. Franchise to install and operate.
20-33-4. Cable television service.
20-33-5. Construction plans.
20-33-6. Underground construction.
20-33-7. Engineering standards.
20-33-8. 'Reports and records.
20-33-9. Right of appeal.
20-33-10. Prohibited services
20-33-11. Preemption.
20-33-12. Service obligation.
20-33-13. Severability
Sec. 20-33-1. Compliance with chapter required. Any individual,
firm, corporation or partnership desiring to construct and maintain
a Cable Television System in Salt Lake City shall comply in all
particulars with the provisions of this Chapter. Such provisions
shall be deemed in addition to and not in lieu of the requirements
contained in any franchise granted to operate such a system within
Salt Lake City.
-2-
Sec. 20-33-2. Definitions. As used in this Chapter the fol-
lowing definitions shall apply:
(a) "Cable television system" and "CATV" for the pur-
poses of these regulations, are terms describing a
system employing antennae, microwave, wires, wave-
guides, coaxial cables, or other conductors, equip-
ment or facilities, designed, constructed or used
for the purpose of:
(1) collecting and amplifying local and distant
broadcast television or radio signals and
distributing and transmitting them;
(2) transmitting original cablecast programming,
and television pictures, film, and video tape
programs, and other signals not received
through television broadcast signals:
provided, however, that any of the services, permitted
hereunder to be performed, as described above, shall be
those performed by the Grantee for subscribers, as herein
defined, in the operation of a CATV system franchised by
the City and not otherwise.
(b) "Grantee" shall mean any individual corporation or part-
nership or their assignees, transferees, or lawful suc-
cessors as approved by the Board of Commissioners of
Salt Lake, and given authority by a franchise granted
by said Board.to operate cable television systems within
the city limits.
(c) "Commission" shall mean the Board of Commissioners of
Salt Lake City, Utah.
(d) "Chief administrative officer" shall mean the Commission,
the City Engineer, or any other designee of the Commission.
(e) "City" shall mean the city of Salt Lake City, a municipal
corporation of the State of Utah, in its present incor-
porated form or in any later reorganized form.
(f) "Utilities" shall mean the Utah Power & Light Company,
and/or the Mountain States Telephone and Telegraph Com-
, pany, as certificated by the Public Service Commission
of Utah and operating within the city limits of Salt
Lake City, Utah.
(g) "Subscriber" shall mean any person or entity receiving
for any purpose any service of the Grantee's CATV system
as defined in 20-33-1(a) hereof.
(h) "Gross revenue" shall mean any and all compensation and
other consideration received directly or indirectly by
the Grantee from subscribers in payment of the regularly
furnished service of the CATV system in the transmission
of broadcast television or radio signals and original
cablecast programming of the Grantee, not including any
taxes or services furnished by the Grantee imposed di-
rectly on any subscriber or user by the City, county,
state or other governmental unit, and collected by the
Grantee for such entity.
Sec. 20-33-3. Franchise to install and operate.
(a) Any franchise granted shall be a non-exclusive franchise
to install, construct, operate, and maintain a CATV
system on or under all or any portion of the streets,
18
•
-3-
alleys, public ways, and public places now or here-
after laid out or dedicated, and all extensions
thereof and additions thereto within the City limits,
as may be determined by the Grantee, and subject to
the prior approval of the Commission as hereinafter
provided;
(b) No provision of any such franchise, or of these regu-
lations may be deemed or construed as to require the
granting of additional franchises when in the opinion
of the Commission, for economic, technical, or other
reasons, it is in the public interest to restrict the
number of Grantees to one or more.
Sec. 20-33-4. Cable television service.
(a) Basic service. Each Grantee shall:
(1) be operationally capable of relaying to sub-
scriber terminals those television and radio
broadcast signals for the carriage of which
the Grantee is now or hereafter authorized by
the Federal Communications Commission;
(2) be constructed with the potential of two-way
digital signal transmission;
(3) distribute color television signals which it
receives in color;
(4) provide at least one (1) channel, without
charge for exclusive use of the City;
(5) provide at least one (1) channel each for those
educational and public access uses as now or
hereafter required by the Federal Communications
Commission for systems operating in the top fifty
(50) markets;
(6) provide a closed-circuit educational channel
for exclusive use of the Salt Lake City Board
of Education, subject to the technical capacity
of Grantee's system and the approval of the
Federal Communications Commission.
(7) provide up to five (5) FM-band audio channels for
exclusive use by the City, subject to the approval
of the Federal Communications Commission.
(8) provide a minimum capacity of twenty (20) chan-
nels, with the capability of adding such addi-
tional channels as may be warranted by future
community needs. Such needs shall be certified
by the chief administrative officer and subject
to approval by the Federal Communications
Commission.
(b) Non-basic service. Each Grantee may also engage in the
business of:
(1) transmitting original cablecast programming not
received through television broadcast signals;
(2) transmitting television pictures, films and
videotape programs, not received through broad-
cast television signals, whether or not encoded
or processed to permit reception by only selected
receivers or subscribers;
18
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(3) transmitting and receiving all other signals:
digital, voice and audio-visual.
(c) Subscriber complaints. In addition to other service
regulations adopted by the Commission, and excepting
circumstances beyond Grantee's control, such as fire,
strikes, floods, acts of God, riots and civil dis-
turbances, and in providing the foregoing services,
the Grantee shall:
(1) limit system failures to minimum time duration
by locating and correcting malfunctioning
promptly, but in no event longer than twenty-
' four (24) hours after occurrence, irrespective
of holidays or other non-business hours.
(2) upon complaint by a subscriber, make a demonstra-
tion satisfactory to the chief administrative
officer that a signal is being delivered which
is of sufficient strength and quality to meet
the technical standards set forth in the regu-
lations of the Federal Communications Commission,
or in regulations hereafter adopted by said
Commission.
(3) render efficient service, making repairs promptly
and interrupting service only for good cause and
for the shortest time possible. Planned interrup-
tions, insofar as possible, shall be preceded by
notice given to subscribers twenty-four (24)
hours in advance and shall occur during periods
of minimum use of the system.
(4) maintain an office in the City, which office shall
be open during regular business hours, to handle
all usual business including, but not limited to,
billing and customer services, and its telephones
shall be listed in the City telephone directory,
and be so operated that complaints and requests
for repairs or adjustments may be received at
any time, day or night, seven (7) days a week.
(5) maintain a written record, or log, listing date
of subscriber complaints, identifying the sub-
scriber and describing the nature of the complaint,
and when and what action was taken by Grantee in
response thereto; said record shall be kept at
Grantee's local office, for a period of five (5)
years from the date when the system is first
energized, and shall be available for inspection
during regular business hours, without further
notice or demand, by the chief administrative
officer.
(d) Municipal service.
(1) With respect to the local government channel, the
Grantee shall provide, at the request of the chief
administrative officer, and upon City reimbursement
of Grantee's actual cost, use of the Grantee's
studio, equipment and technical services for pro-
duction of live and video-tape municipal programs,
subject to Grantee's scheduling requirements.
(2) With respect to the basic television services, the
Grantee shall provide all subscriber services, and
tie-in connection, without cost, when the system
passes such facilities and as designated by the
Commission, to:
1
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(i) public schools and community colleges within
the City, and
(ii) buildings owned and controlled by the City,
used for public purposes and not for resi-
dential use (fire and police stations
excepted).
(e) Compatibility.
(1) It is the intent of the Commission that all CATV
systems now or hereafter franchised and operated
within the City limits shall be technically com-
patible one with another and with such systems
serving the county and/or adjacent areas.
(2) The Grantee shall file with the chief administra-
tive officer a statement fully describing the
technical specifications, equipment, and engineer-
ing design of the CATV system authorized hereunder
and certifying that said system and its components
fully meet criteria set forth in the preceding
subsection and advanced technology in the CATV
industry.
Sec. 20-33-5. Construction plans. Prior to the commencement of
any construction authorized hereunder, the Grantee shall:
(a) proceed with due diligence to obtain all necessary per-
mits and authorizations which are required in the conduct
of its business, including but not limited to, any
utility joint-use attachment agreements, microwave car-
rier licenses, and any other permits, licenses and
authorizations to be granted by the City, or by any duly
constituted regulatory agency having jurisdiction over
the operation of CATV systems, or associated microwave
transmission facilities.
(b) submit to the chief administrative officer, and secure
his approval thereof, a detailed description of Grantee's
proposed system design and construction plans. Grantee's
lines shall generally follow the routing of the telephone
lines, and shall utilize existing public utility poles,
conduits, and other facilities as authorized; provided,
however, that upon application by the Grantee and deter-
mination by the chief administrative officer that a
variance in such routing is warranted for economic,
structural, technical, or other good and sufficient
reasons, the Grantee shall submit appropriate alternate
plans or routing with supporting data, for the specific
approval of the chief administrative officer, and such
approval shall not be unreasonably withheld. Grantee's
construction plans shall include but not be limited to
the following:
(1) A detailed map indicating all areas proposed to be
be served and a proposed time schedule for the
installation of all equipment necessary to become
operational throughout the entire area to be
served; the routes of television cable, indicating
street crossings; and the location of all amplifiers,
power supplies and all major components of the CATV
systems. Size, type and scale of maps shall be
determined by the city engineer.
-6-
(2) A copy of all make-ready applications submitted
to the public utilities.
(3) A map or drawing of each segment of the Grantee's
system planned for immediate construction, showing
cable routes, the boundaries of such construction,
and the estimated completion date.
(c) Utilize existing poles, conduits, and other facilities
whenever possible, and shall not construct or install
any new, different, or additional poles, conduits or
other facilities, whether on public or privately owned
property, without first securing the written approval
of the chief administrative officer.
(d) Provide the chief administrative officer with a copy of
the safety manual adopted by the Grantee for the use of
all of its employees, and with such additional informa-
` tion or instructions as may be deemed necessary by the
chief administrative officer to insure that the Grantee
is exercising all reasonable care to protect its
employees, subscribers, and the public at large from
hazard and accident.
(e) Secure the written consent of the chief administrative
officer, or the consent of the owner(s) of any privately
owned property involved, before trimming any tree(s) for
any reason. Failure to secure such consent in either
instance shall subject Grantee to the payment of a pen-
alty in the amount of one hundred ($100.00) dollars
which shall be in addition to any damages recoverable
by the owner in civil litigation.
(f) Provide the chief administrative officer with a copy of
any existing agreement between the Grantee and any public
utility certificated by the Utah Public Service Commis-
sion providing for the use of the poles, conduits, or
other facilities of such utility.
(g) Upon completion of each segment of its construction
plans, the Grantee shall notify the chief administrative
officer by letter, certifying that such construction has
been completed according to the plan previously submitted
for approval and in conformity with all of the specifica-
tions and standards provided herein.
Sec. 20-33-6. Underground construction.
(a) Whenever Grantee shall not utilize existing poles, con-
- duits, and other public utility facilities, or whenever
public utility transmission or distribution lines are
located beneath the surface Of the streets, the Grantee's
cable and/or distribution lines shall be constructed or
installed underground. The term "underground" shall
include a partial underground system; provided that upon
obtaining the written approval of the chief administra-
tive officer, amplifiers in the Grantee's transmission
and distribution system may be placed in appropriate
housing upon the surface of the ground.
(b) Grantee shall set aside and allocate each fiscal year a
sum of not less than two (2%) percent of gross revenue,
as defined herein, for the underground conversion of
any of its existing or future aerial transmission or
distribution lines. Such sum or sums may be accumulated
from year to year until sufficient in amount to fund the
conversion of a reasonable segment of Grantee's aerial
facilities. The areas projected for underground conver-
sion and construction standards shall be determined by the
chief administrative officer. Projected plans and cost
estimates for any work contemplated hereunder shall be
submitted to the chief administrative officer for his
review and prior approval.
I8
-7-
(c) In those areas of the City where the aerial transmis-
sion and distribution lines of any public utility
whose poles are shared by the Grantee are relocated
underground, then in such event and upon thirty (30)
days notice the corresponding facilities of the
Grantee shall also be relocated underground; provided,
however, that any underground conversion of Grantee's
existing facilities performed or required under this
subsection, the cost of which is equal to, or exceeds,
the sum of two (2%) percent of Grantee's gross revenue
in the same fiscal year, shall be lieu of and not in
addition to the allocation of funds or the work required
under subsection (b), hereof, in the same fiscal year.
Sec. 20-33-7. Engineering standards.
(a) Grantee shall construct, install, maintain, and operate
its CATV system at all times in strict compliance and
conformity with the requirements and specifications of
the most recent edition of the National Electrical
Safety Code and any supplements and revisions thereof;
and also in conformity with General Order No. 54, and
any supplements thereof, as adopted by the Public Ser-
vice Commission of Utah; and in accordance with the
construction standards and specifications contained in
its respective public utility joint-use attachment
agreements. In the event any laws, regulations, orders
or decrees of any lawfully constituted bodies or tri-
bunals, including the Commission, shall impose more
restrictive requirements and specifications pertaining
to the construction of CATV systems such laws, regula-
tions, orders or decrees shall be controlling over any
requirements or standards otherwise specified herein.
(b) In no event shall the operational and performance stan-
dards of Grantee's CATV system be less than those con-
tained in Title 47, Subpart K (Sections 76.601 et seq.)
Rules and Regulations, Federal Communications Commission,
adopted February 2, 1972, and as amended.
Sec. 20-33-8. Reports and records.
(a) Grantee shall keep and maintain an accurate record of,
and make available to the chief administrative officer
upon request, the following:
(1) A statement or schedule setting forth all proposed
classification of rates and charges to be made
against subscribers and all rates and charges as
to each of said classifications, including installa-
tion and service charges. Notice of any proposed
changes in rates or charges shall be furnished to
subscribers and the chief administrative officer at
least thirty (30) days in advance of the effective
date thereof.
(2) Any and all records required by the Federal Com-
munications Commission regarding program complaints,
requests for public access or leased channel ser-
vice, operation outages, etc.
(3) A record of any right-of-way easements obtained by
the Grantee, and disclosure of the exitence of such
records shall be made in all future right-of-way
negotiations.
-a-
Sec. 20-33-9. Right of appeal. In the event that the Grantee
is unable to secure prompt approval of construction plans, or such
approval is unreasonably withheld, or in the event Grantee is
unable to reach agreement with the chief administrative officer on
any matter material to the efficient and successful operation of
its CATV system, Grantee may petition the Commission for such
approval or agreement.
Sec. 20-33-10. Prohibited services. Grantee shall be prohib-
ited from directly or indirectly doing any of the following:
(a) engaging in the business of selling at retail, leasing,
renting, repairing or servicing of television sets or
radios;
(b) imposing a fee or charge for any service or repair to
subscriber-owned receiving devices except for the con-
nection of its service or for the determination by
Grantee of the quality of its signal to the recipients
thereof;
(c) soliciting, referring, or causing or permitting the
solicitation or referral of any subscriber to persons
engaged in any business herein prohibited to be engaged
in by Grantee;
(d) providing information concerning the viewing patterns of
identifiable individual subscribers to any person or
group, or organization for any purpose.
Sec. 20-33-11. Preemption. If the Federal Communications Com-
mission of Utah or any other Federal or State body or agency shall
now or hereafter exercise any paramount jurisdiction over the sub-
ject matter of any franchise, or any provision thereof, then to the
extent such jurisdiction shall preempt or preclude the exercise of
like jurisdiction by the City the jurisdiction of the City shall
cease and no longer exist.
Sec. 20-33-12. Service obligation. No person, organization,
firm, or corporation within the service area of the Grantee, and
where trunk lines are in place, shall be 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 service charge. Service disconnection shall be made not less
than ten (10) days following written notice thereof.
Sec. 20-33-13. Severability. If any section, subsection, sen-
tence, clause or any portion of this resolution is found to be
invalid and unconstitutional by any court of competent
18
-9-
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such decision shall not affect the
validity of remaining provisions of this franchise.
SECTION 2. In the opinion of the Board of Commissioners of
Salt Lake City, it is necessary to the peace, health and safety
of the inhabitants of Salt Lake City that this ordinance become
effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 6th day of March , 1973.
re))0,1-1,44/U^,s
Temporary Chairman D93YOR
11
9d\
(SEAL)
BILL NO. 18 of 1973
Published- March 15, 1973
18
•
• Affidavit of Publication
STATE OF UTAH, -
• ss.
•
County of Salt Lake
Batty_Phelps
• Legal Notices, Legal Notices , ing first duly sworn,deposes and says that he is legal adver-
AN ORDINANCE !ng clerk of the DESERET NEWS, a daily (except Sunday)
AN ORDINANCE AMENDING Title 20 of the Revised Ordinances of Salt
Lake City,Utah,1965,relating to License and Business Regulation,by adding.vspaper printed in the English language with general cir-
thereto a new chapter to be known as Chapter 33,providing for cable televi-i
_.dun systems. .anon in Utah, and published in Salt Lake City, Salt Lake
Be it ordained by the Board of Commissioners of Salt Lake City,Utah:
SECTION 1.That Title 20 of the Revised Ordinances of Salt Lake City,nnty,in the State of Utah.
hUtah,ereby,
1265,relating,to License and Business Regulation,be,and the same
hereby Ism¢Qgfldby ddl g thereto a new chapter known as Chapter 33,
providing fOr cOble.teifiVIslonsystems,said chapter to read as follows:
CHAPTER 33 That the legal notice of which a copy is attached hereto
�. CABLE TELEVISION SYSTEMS
SeCtio s
20 331 fk 121PHOnce with chapter required. •
20-331 Definitions. 0 Ordinance amending Title 20 Qf the BeY3,SPd..9.YY1 Glances
20333 F bi hiss.to install and operate. —
20.33 d Cableet levision service.
20.220333n Construction
otune construction. ' Salt Lake Ci.t iJtah,, 196 r'
20337. Engineering Standards. - o- a_�•¢'i a.$ �ng_1.Q_.la�£s?,s�3_and
20.33.8. Reports and records.
20-33-9. Right ofoppeal. ,1
20-33-10,Prohibited services. • It ine°s fegu.lati.on,_bit adding_thereto_.8-_27a t fohn.p.ter to
20-33.11.Preemption. — ----
20.33-12.Service Obligation.
20-33.13,Severabllity. �t�t 1., 1
Sec.20-33.1.Compliance with chgcier.required.Any individual,firm,. known a:3 Chapter 33,.
on Slion or partnership desiring to construct and maintain a Cable Televi- --------
ystem in Salt Lake City shall comply In all particulars with the provi-
sions of this Chapter.Such provisions shall be deemed In addition to and not
in lieu of the requirements contained in any franchise granted to operate'sterns. Bill. No. 18 of 1973.such system within Solt Lake City. — -
Sec.20.33-2.Definitions.As used In this Chapter the following definitions
shall anal,
(c)'Table television de system"and"CATV"for the purposes of these published in said newspaper on
r ges,wave ul terms describing a system employing antennae,microwave,
e' ved,cons coaxial cables,or other rposeconductors,eauiameni or facili-
ties, signed,ng and ted
it used for al and purpose of:
oI si nags and and ampgland rocs) idistant broadcast television or
-radio signalsandngangnal abl consmost ra,mina Marcia_15>_1RY
,and television pictures,
film,and video)tape programs,and other signals not received through teievl.
'sion broadcast signals:
'provided,however,that any of the services,permitted hereunder to be per.
formed, described above,shall be those perforined by the Grantee for sub-
scribers,be herein tl Ilned,In the operation /a CATV system fronchised by
the City and nototherwise.
Ibl.G t shall ninon any individuai corporationpormersnip or v� L� 3 .-\ •
their assignees,transferees,or lawful approved by theBoard ---
ed by sold Board toopel ate wCity,1 I vston systems authority'
the city ll franchise Legal dverttsing Cleric
(c)"Commission"shall mean the Board of Commissioners of Salt Lake
City,Utah.
i any officer.'shall mean
the Commission,the City
Engineer.or other designee of the Commission.
(e)•"City"Shall mean the city of Salt Lake City,a municipal corporation
of'the State of Utah,in its present Incorporated form or In any later
reorgnized farm.
(t) Utilities"shah
mean the Utah Power 8 Light Company,and/or the, this 20th .- day of
'Mountain States Telephone and Telegraph Company,as certificated by the"
Public Service Commission of Utah and operating within the city limits of Salt
Lake City,Utah.
(g) Subscriber"shall mean any person or entity receiving for any pup) 19_ 7
.pose any service of the Grantee's CATV system as dellned In 20-33.1(a)'
hereof.
(hi"Gross '
e shall mean any and all compensation and other can.
sidedtion received directly or indirectly by the Grantee from subscribers in
payment of the reguloriv furnished service of the CATV system in the trans-
of broadcast television or radio signals and original coblecast pro.
'growning of the Grantee,not including any taxes or services furnished by the /J
Grantee imposed directly on any subscriber or user by the city,county,state _ - • tom_ -L
or olhergovernmentol Unit,and collected by the Grantee for such entity. -6`
Sec,2ga3 3,Franchise to Install and operate. NotaryPublic
(a)Any franchisegranted shall beano xcluslve franchise to install
construct,operate,and maintain a CATV system o under all o y par •
-
•
ton of the streets,alleys,public ways,and public places now or hereafter laid'
out or dedicated,and all extensions thereof and additions thereto within the
City limits,a::may be determined by the Grantee,and subject to the prior
Approve,of the Commission as hereinafter provided;
(h)Na provision of any such franchise,or of these regulations may be
deemed or construed as to reaulre the granting of additional franchises when
in the opinion of the Commission,for economic,technical,or other reasons,It
is in file pu 00c.interest el restrict the number of Grantees to one or more.
S(a)tunic serviccee Each Grantenolayi:
(1)be operationally capable of relaying to subscriber terminals those tel-
evision and radio broadcast signals for the carriage of which the Grantee Is
now
or hereafter authorized by the Federal Communications Commission;
(2)be constructed with the potential of iwo.way digital signal tronsmis-
.,ion(3)distribute Color television signals which It receives in color;
(A)provide at least one(1)channel,without charge for exclusive use of
.tife City;
(5)provide of lest one(1)channel each for those educational and public
s uses os now or
hereafter required by the Federal Communications
Commission ter systems operating In the top fifty(50)markets,
(L ke Citl¢a closeof all'educational chmmei ter exclusive use of the
GrSaltantee's
Lake Cite Bandd a Education,seb lest lie the technical n acliv of
Grantee's system and the approval of the Federal Communications Commis-
Won.
(])provide up to five(5)FM-band audio channels for exclusive use by
the City,subject to the approval of the Federal Communications Commission.
l01 provide a minimum capacity of twenty(207 channels,with the copabj-
tity of edding ouch ydditional channels as may be warranted by future tons-
..minty needs.Such needs shall be certified by the chief administrative officer
and subiect to approval by the Federal Communications Commission.
er c Grantee
onSmitting original oblecast P o l gramming not received business
ri (7)t a through
television broadcast signals;
• 12)transmitting television pictures,films and videotape programs,not re-
v d through broadcast television signals,whether or not encoded or proc-
es
sed to Permit reception by only selected receivers or subscribers;
• (3)transmitting and receiving all other signals:digital,voice and audio.
1. Legal-Notices
visual.
eCom is complaints.e aag circumstances
e stancesrbeyond regulations Legal NOUN — - Q
•etl by the Commission,and excepting c ,
ii: ouchas the,strikes,floods,services,
es,t the God,riotsandall civil disturbances,and `dads and specifications contained In its respective public linty taint-use
In providing limit the foregoing failures
esrto cos, Grantee shall: attachment agreements.In the event any laws,regulations,Orders or decrees
(n)mx system failurm to minimum in no time duration bya twenty and(2) of any lawfully constituted badics or tribunals,Including the
Commission,
Ihi lion,
reeling after 00urrenceprrepectvutfholidays
yst rothetnan her business hours) shall Impost hoere restrictive requirements and specifications p or a
hoursi after occurrence,Irrespective of hake aemonstation satisfatours, tshall ntructiescif
g over systems
suchellows,
regulations,srnatrtl etdersosdeirees
d
If)strength nco rnlai nt bye subscriber,mokhnical andaren Mists orr t- ra
the chief s}rative oilicer theta signal is being tleliveed et fo is of wl heein.• tent shall the Oerati0nal antl peri9rmance 14ndards 1
regula iosofand quality to meet the technical Commission,o standards o rin forth the •Grantee's 1 no CATV ttem It less than those contained pert In ante dst.standards
t
regulations adopted of they said mmmuoications or in regulations antie's CATV ei q.)Rules antl Regel nt InrT CommSubo9t K
her Ilex rf by said Coke,make promptly and interrupting 'I5
vice render o efficient service,making repairs pro Commission.adopted February?,1972,and as amended.
service only for good cause and for the shortest timenotice
possible.to subscribers
inter- 20-33.0.Reports and records.
swan¢.,ur(24) a rs in v shall preceded byr using prt given s f minimum
Se Grantee shall keep and maintain an accurate record f,and make
use of the s ste hoofs in advance and shall occur during periods of minimum available to the chief administrative officer upon request,the following:
e of the s (41 s hou an office l the City,which office ludil O,open t iit re90 (1)andA statement of schedule setting torth charges to be made against subscribers land all ratteslassifIcertIon of
and charges as
jar business hours,to handle ail usualbusiness Including,Oct not iiilimitedthe to, ratesrates in charges shall be furnished tetoe sub• -
repairs pry customer serord be so
its telephones, plai be andnted in City
or to each of said classifications,including Installation and service charges.fax
odactorr,and may e operated that tom.dints seven for site of anydrtPesche hief d aadministrative 0officer of least thirty(30)days In
pairs o adlgshnents bar received at any is time, or night,seven(]) scribers and
nce fnthe effective dote thereof.
plot te week. on
(51 maintain a written record, log,listing dote re subscriber cam c No(r regarding
all records complaints,
by the Federal Cublic access
Coams-
aIwiseraaindwhatt faction substriber and
byd Granteevin the
reponse thiereto old complaint,
channel service,programPoperation outages,etcrequests tor public access or leased
andrd shall be kept at Grantee's local office,fora period of five 151 years from (3)A record at any right-of-way easements obiainetl bV the Grantee,and
lire date when the system Is first energized,and shall be available for ins0ec- disclosure di the exisence of such records shall be made in oil tube sighs'
non during regular business hours,without further notice or demand,by the of-w5ec,20-33 runs, t of appeal.In the event that the Grqnfee is unable to
chief administrative officer. secure prompt approval of construction Plans,or such approval isunreason-
'Itl7 Municipal service. ably withheld,or in the event Grantee is unable to each agreement with the
11a Witherespect to the chief administrative
channel, Granteeit shall Pro'. petitionethe Commission
vide,at the ofr Grantest of the healef government
the 0ttlel,t and upon City m chief administrative officer on any matter material to the fficient and sue-
, ion
000 technical
Grantee's octuni cost,use of the Grantee's studio,eauipmro' errand operation of Its CATV system,Grantee may
and technical services for production of live and video-tape municipal pro- far such a10 to Prohibited or agre¢m¢ne.
grams,subject to Grantee's scheduling requirements. 'Such at3Vldolnar areeof enticlowlna'ntee shall be prohibited from directly
ID With respect to the basic television services,the Grantee shall pro or(e)engaging in the business of selling at retail,leasing,renting,repairing
pro-
vide all subscriber suchfa seines a,and stem connection,by the Commission,ithout cost,when the sVs Ot serve engaging
of television vote or radios; haft to s bs<rjba-
tempusses such facilities and d colleges
by to: (ry imposing tea ley or charge der any se o re
(1 public schools and communitylcar y the within the for pubic nod receiving devices except for the any service
of its service or for the er-
(Ij7 buildings owned ond controlled by the City,n used for public purposes w nation by Grantee of the ouorth of Its signal to the recieienis thereof;
•and id for residential use(fire and gdllce nations except.). termination soliciting,referring,or causing or permitting the solicitation Or I'efer-
1 l Is the iltay. I of any subscriber to Persons engaged in any business herein prohibited to
Ill It the intent of the Commission i that all CATV l be technically
now or hool- bar of any s in by Grantee;
•
peer franchised and another on operated within the City limits shall be technically tom td)providing information concerning the viewing Patterns.of Identifiable.
patjble one with and with such systems serving the county and/or aria: r
ceiil areas. - individual subscribers to any person Or group,0 Organization for env pub r.
121 The Grantee shop rile with the chief administrative officer a sine'n Oose.et fully describing the technical specifications,equipment,and engineering Sec.20-3311.Preemption,If the Federal Communications Commission 0l
design of the CATV system authorized hereunder and certifying than said sys-
tem matter of and Its components fully meet criteria set forth in the preceding subsea any Par'iereoi l nisdiction Men to the Over
r the
sub„oct matter on any
hal l rprihhi pre oor
e
lion Sea,0000.CCU nstruc ion l tee PATV in the co t' any eI On
Sec.oduo 5.Constractlon Plans.Prior fo the common<emeni of any con-. a 0155 tle the exercise of like iurisdiction attest sub the CItV the I shall tree ore the
struction authorized hereunder,the Grantee shall: City shall cease and no longer exist.
Sec.2033-12.Service obllaetion.No person,organization,firm,or t oroe-
iea proceed which
with due uire ine to condo to necessary permits and but ration within the service area of the Grantee,antl where trunk lines ore in
not limited o,d n are requiredthe conduct of its business,ts,microwave jra bur a Mace,shall be refused service;provided,however,that the Grantee.shall not
not imito,any y oth pernilt attachmentaaueemizati ns begrnor
et licenses,City,en any other permits,licenses regulatory
and menet,ahavis to be granted be required o provide service to my subscriber Service
di who does not pay the made
no-
hythe operation
or by Of duly constituted n associated
agency having Iurisdiclion bps ethos ten(lee or s following
chaaet en n ei there ection shall he matle not
theover operation of CATV systems,Or associated microwave transmission less than fen(10)days following written notice thereof.
fact titles, au Sec.2033-13.Severability.If any section,subsection,sentence,clause or
• (b)submit to the chief administrative officer,and a his approval oily portion of.this ordinance is found to be Invalid and unconstitutional by
thereof,a detailed description of Grantee's proposed system design and con- any court of comeenient lorisdlction,such portion shod be deemed a seno-
rstructlon plans.Grantee's Ines shot)generally follow the routing of the tele- rate,distinct antl independent provision and such decision shall not affect the
Validity of remaining provisions of this franchise.
phone lines,andtlsoorizeud;pprovideetl,ghowever,ic tithaYt poles,conduits,
by other
SECTION 2.In the opinion Of the Board of Commissioners of Salt Lake
facilities intles as auCity,it necessary h the peace,health and of Co of the Inhabitants of Sell
•
'ranter a sting is war ion ed the chief Onradministrative, rtuct of that n volthef bake itC is that this ordinance become effective safety
of the
in such routing Is anted for rantent economic, tsubmit appropriate c r
SECTION 3.This ordinance shall take effect upon Its first publication.
good and rovlans or e oentyr,a nd s,the Grantee shall submit reasonof the y alternate Passed by the Board of Commissioners of Salt Lake City.Utah,this 6th
GGrante's construction
onsshng with eppoud but
te data,for the specific
to the
day of March,1973. CONRAD B.HARRISON.,
as Ill dented flu Indic tang include but not be limited beetl t0 red following: TCnieorana Chairman
111 A schedule
map Indicating all areas Proposed to -served and m pro HERMAN J.HOGENSEN
oposed time perallanolsthroughout the entire l atrea to be served;equipmention of ail ee roueesroff television City MAN J.
aab,e,Indicating street crossings; d the Iocmon of all amplifiers,power (C-]]I
der
pplles and all major components of the CATV systems.Size,type and scale BILL(SEAL) 18 of 19)3
at moos shall be determined by the city engineer. NO.
Morcll 15,1973 _ -
(2)A copy of all make'readu ocolicofions submitted 10 the public utilities.
13)A map or drawing of each segment of the Grantee's system planned
for immediate construction,showing cable routes,the boundaries of such con-
struction,and the estimated completion dote.
(c)Utilize existing Poles,conduits,and other facilities whenever Oossi•
Plc,and shall not construct or install any new,different,or additional poles,
conduits or other facilities,whether 0 a: cdvfic or
rrivately owned property,
without first securing the written u
(d)Provide the chief administrative offlcer with a copy of the safety
manual adored l,y the Gra,.a:r for the use of all of its employees,and with
such°adili,'I.ci Information or instructions as may Grantee be ead deemed necessary by
ry by
the chief oil:rill:istrutive officer to insure that the is e
xerci'reasonable able care to protect Its employees,subscribers,and the public at large
iron,hazard and accident,
' (e)Secure the written consent of the chief administrative officer,before
or the
conset Of the owner(s)of any privately owned property
on.Failure
nlstanceeshall isubject'Grantee tOsthe payment sofv consentcure sucn
any a penalty In theam amount of
one hundred(5100.00)dollars which shall he in addition to any damages re-
coverable
ble by the owner in civil litigation.
a ee S f between the Grantee lde the chief nand any publirative c utility certificated by ther with o copy of any n Utah
Public Service Commission providing for the use of the poles,conduits,or
rattler faculties O1 such utility. letter,on Maus,
that such
(g)Uotn completion such
of each segment of its construction plans,the Grant-
ee shall notify the chief administrative officer by
Onstrucelon has been completed according to the plan prevjausiy submitted
for approval and in conformity with all of the specifications and standards
provided herein.
Sec.2033.6.Underground construction.
pal Whenever Grantee shall not utilize existing poles,conduits,and Other
public
utility
facilities,
beneath the surface off the streets'ron the Granitee'srcable adistriandearm
lli es are located
distribution.lines shall be constructed or installed underground.Thedilham
underground"shalt Include a partial underground sYslem; r v
upon Obtaining the written approval of the chief adminjsirgtjve officer,ampi n
tiers I the Grantee's a ing upon sinthe sulrfaae d distribution
ution system may be placed in
(b)Grantee shall set aside and allocate each fiscal year a sum or not ens
than conversion of anvcof Its existing orrevenue,
suture ae defined
iransmissio hod d str butiatl
lines.
In amount to fund the conversion nof lalreasonable segment of Granteeed troM year to year tin su eIs
rjal facilities.The areas Or°lected for underground c '•sand con-
°toclion standards shall be determined by the chief adem0lated he eiulnder.
PsrtiVled Ions and c t °y
shall be submitt¢tl to the chlel atlminlsiraelve officer for his review and pilot
approvo.
fcl In those Oreos Of the City where the aerial transmie shared by ssion and Grantee are e-
•iocaienesof 00"'II'afil tin s chseventvandr upon thirty(30)days notice the
pan underground.,
t at of the Grantee shall also be relocated underground;
conversion of Grantee's
citjtfesvperformed rar required uny nder thisasubsection,,the cost of which ising fo.
equal
to exceeds,the sum of two(2,1 pendent aliGr addition gross
to the e IIOCPijaneh 1
Nanore lineal year,shall be in lieu ore an no n a I same ttscal
r.funds Or the work Iced der subsection(b),hereof,
Year.
Sec. .Engineering nondards
• '(a)Grantee shall construct,Install,maintain;and opterate its CATV sus.
he
and ptecifictationslof theimost recent editionoofeormity l
compliance and the NationnilElectricalv5afefl'
co so in conformity
with
Genre al Udders NfOff ailed any supplements thereof,s and revisions thereof;and ns,ado Oted by the Public
'Service Commission of Utah;and in accordance with the constructlon-nan-
1