068 of 2016 - Amending Chapters 5.20, 5.20A, and 5.21 regarding Cable Television 0 16-1
0 16-14
SALT LAKE CITY ORDINANCE
No. 68 of 2016
(Amending Chapters 5.20, 5.20A, and 5.21 regarding Cable Television)
An ordinance amending Chapters 5.20, 5.20A, and 5.21 of the Salt Lake City Code,
relating to Cable Television Systems, Cable Communications Franchise Grant, and Cable
Communications Service Standards.
WHEREAS, the provision of cable television and other video services provided to
residents is no longer a single entity granted a monopoly franchise; and
WHEREAS, technology for the provision of video services continues to advance at a
rapid pace requiring flexibility and potentially unique circumstances that are better left to
individualized franchise agreements;
NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 5.20 of the Salt Lake City Code, relating to Cable Television
Systems, be, and the same hereby is, amended as follows:
Chapter 5.20
VIDEO SERVICES SYSTEMS
5.20.010: PURPOSE:
5.20.020: SHORT TITLE:
5.20.030: DEFINITIONS:
5.20.040: REQUIREMENT FOR FRANCHISE:
5.20.050: GRANT OF FRANCHISE
5.20.060: COMPLIANCE WITH FCC REGULATIONS
5.20.010: PURPOSE:
The purpose of this chapter is to regulate in the public interest the operation of video service
systems and their use of the public rights of way by establishing procedures for granting and
terminating franchises.
5.20.020: SHORT TITLE:
1
"I his chapter shall constitute the VIDEO SERVICES ORDINANCE of the city and may be
referred to as such.
5.20.030:DEFINITIONS:
For the purposes of this chapter the following terms,phrases,words,abbreviations and
derivations shall have the following meaning.When not inconsistent with the context,words
used in the present tense shall include the future tense,words in the plural number include the
singular number and words in the singular number include the plural number.
CABLE ACT:The Cable Communications Policy act of 1984,as amended and modified by the
Telecommunications Act of 1996,and any subsequent amendment.
VIDEO SERVICES SYSTEM OR SYSTEM:A system employing antennas,microwave,wires,
wave guides,coaxial cables,fiber optic,or other conductors,equipment,or facilities designed,
constructed,or used for the purpose of:
A. Collecting and amplifying local and distant broadcast,television,or radio signals and
distributing and transmitting such signals;
B. Transmitting original cablecast or television programming not received through
television broadcast signals;
C. Transmitting television pictures,film and videotape programs not received through
broadcast television signals,whether or not encoded or processed to permit reception by
only selected receivers;and
D. Transmitting and receiving all other signals-digital,voice,or audiovisual.
A video services system shall include any system using the public rights of way to deliver one-
way video services to customers whether classified as a"cable system"under the Cable Act or
otherwise(such as internet protocol television(IPTV)).
CITY:The City of Salt Lake,or the lawful successor,transferee or assignee thereof.
FCC:Federal Communications Commission,or its successor.
FRANCHISE:Means and includes any authorization granted hereunder in terms of franchise,
privilege,permit,license,or otherwise to construct,operate and maintain a video services system
within all or a specified area of the city for the purpose of offering video services or other
services to subscribers.Any such authorization,in whatever form granted,shall not supersede
the requirement to obtain any other license or permit required for the privilege of transacting and
carrying on a business within the city as required by other ordinances and laws of this city,the
state,or federal law.
GRANTEE:Any person,firm,or corporation granted a franchise by the city.
2
PUBLIC WAY:The surface of,and the space above and below,any public street,highway,
freeway,bridge,land path,alley,court,boulevard,sidewalk,parkway,way,lane,public way,
drive,circle or other public right of way including public utility easements,dedicated utility
strips or rights of way dedicated for compatible uses,and any temporary or permanent fixtures or
improvements located thereon now or hereafter held by the city.Public way also means any
easement now or hereafter held by the city within the service area for the purpose of public
travel,or for utility or public services use dedicated for compatible uses.Public way shall
include other easements or rights of way as shall within their proper use and meaning entitle the
city and the grantee with the city's approval use for the purposes of installing or transmitting
grantee's cable services or other service over poles,wires.cables,conductors,ducts,conduits,
vaults,manholes,amplifiers,appliances,attachments and other property as may be ordinarily
necessary and pertinent to the system.
SERVICE AREA:The present municipal boundaries of the city,and shall include any additions
thereto by annexation or other legal means.
SUBSCRIBER OR CUSTOMER:Any person or entity lawfully receiving for consideration,
direct or indirect,any service of the grantee's video services system.
5.20.040:REQUIREMENT FOR FRANCHISE:
Subject to applicable federal,state and local law,it is unlawful for any person to install,
construct,operate,or maintain a video services system on streets or the public way within all or
any part of the city without first obtaining a franchise under the terms and provisions of this
chapter.
5.20.050:GRANT OF FRANCHISE:
The city shall grant a franchise to a grantee pursuant to non-codified ordinance authorizing the
execution of a franchise agreement. The ordinance shall include the authorized franchise
agreement as an exhibit,and all terms and conditions of the franchise agreement shall be subject
to the approval of the City Council.Acceptance of the franchise shall occur by the grantee
executing the authorized franchise agreement within thirty days of recordation of the authorizing
ordinance. The franchise agreement shall be for a term of years approved by the City Council
and any amendment or extension thereof will also require City Council approval.
5.20.060:COMPLIANCE WITH FCC REGULATIONS:
Grantee shall comply with all applicable FCC requirements and regulations.
All other sub-sections of Chapter 5.20,5.20.070 through 5.20.380,are hereby repealed.
3
SECTION 2. That Chapter 5.20A of the Salt Lake City Code,relating to Cable
Communications Franchise Grant,be,and the same hereby is,removed entirely:
SECTION 3. That Chapter 5.21 of the Salt Lake City Code,relating to Cable
Communications Service Standards,be,and the same hereby is,removed entirely:
SECTION 4. That this ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 25th day of Ortoher
2016.
C AIRPERSON
ATF` /
CITY RECORDER
Transmitted to Mayor on December 15. 2016
Mayor's Action: )( Approved. Vetoed.
M YORE
Y RECO=Y ER
. C`rYG+ Salt Lake City Attorney's Office
(SEAL) Qy � pproved As To Form
VC-64, Kimbe y Chytraus
�pORA1'f~5 41" Date: Yy]�W 1.2 u
Bill No. 6g of2016. `�------
Published: November 11 2016..
HD_ATFY-#5408 I-v2-Amendmg_520_I20A_5_21_re_Cable_Franchise.DOCX
4