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'ORDINANCE NO. 3 2 8 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, SETTING FORTH AN INTEGRATED STATEMENT
OF THE CONDITIONS, RATES AND CHARGES, REQUIREMENTS, OBLIGATIONS, DUTIES
AND PROCEDURES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A
SYSTEM OF CABLE TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF
AUBURN, WASHINGTON.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1 . PURPOSE. The purpose of this Ordinance is to set forth an
integrated statement of the conditions , rates and charges , requirements , obli-
gations , duties and procedures for the construction, maintenance and operation
of a system of cable television signal distribution within the City of Auburn.
All cable television companies are required by the Federal Communications
Commission Rules CFR 47, Part 76, to be regulated by the political subdivision
within whose boundaries they operate.
Section 2. APPLICATION FOR FRANCHISE, GRANTING AND RENEWAL. Each
application for the granting and renewal of a franchise to construct, operate
or maintain any cable communications system upon a city right-of-way shall be
filed with the Office in a form approved by the Auburn Director of Public Works .
At the time of the application, the following information shall be presented:
1 . A detailed statement of the business organization of the applicant,
including the following:
a. The names and addresses of all persons having control of, or
being entitled to have or control , 5% or more of the ownership
of the applicant, either directly or indirectly, and the re-
spective ownership share of each person.
b. The names , residences and business addresses of all officers
and directors of the applicant.
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c. A detailed current certified financial statement showing
the resources of the applicant to construct and/or operate
the proposed system.
2. A detailed plan of the operation of the applicant, which shall
include:
a. A description of the cable district proposed to be served and
a proposed time schedule for installation in each neighborhood
or portion of the district.
b. A statement or schedule setting forth all proposed classifications
with rates and charges of any kind to be made against subscribers.
c. A description of the equipment to be utilized and operation
standards to be met as proposed by the applicant.
d. A statement that the applicant is willing and able to comply
with all relevant federal , state and local regulations re-
garding cable communications.
3. Certificate of Compliance: A valid certificate of compliance issued
by the Federal Communications Commission or an application before the Federal
Communications Commission is required before operating or maintaining trans-
mission and distribution lines for cable communications in the City of Auburn,
Washington.
Section 3. TERMS OF THE FRANCHISE. Any CATV franchise shall not be
deemed and held to be an exclusive franchise or permit and shall not in any
manner prevent the City of Auburn from granting other or further CATV franchises
or permits in, along, over, through, under, below or across any said rights-of-way,
streets , avenues , and other public lands and properties of every type and des-
cription; and such franchise or permit shall in no way prevent or prohibit the
City of Auburn from using any of said roads , rights-of-way, streets or other
public properties or effect its jurisdiction over them or any part of them, with
full power to make all necessary changes, relocations , repairs, maintenance,
establishment, improvement, dedication of same as the City may deed fit, including
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the dedication, establishment, maintenance and improvement of all new rights-of-
way and thoroughfares and other public properties of every type.
Section 4. REMOVAL AND RELOCATION OF FACILITIES INSTALLED BY GRANTEE.
Grantee, shall , at its sole cost and expense, protect, support, temporarily
disconnect, relocate or remove from any street or other public property any of
its installation when so required by the Auburn Director of Public Works by
reason of traffic condition, public safety, street vacations , dedications of
new right-of-way and the establishment of street grade or the construction of
any public improvement or structure by any governmental agency acting in a
governmental capacity, provided that the Grantee shall in all such cases have
the privilege to temporarily by-pass , in the authorized portion of the same
street or right-of-way, upon approval by the City of Auburn any section of
its cable or appurtenances to be so temporarily disconnected or removed.
Section 5. The Grantee shall provide, if technically practicable, all
basic subscriber services and a tie-in connection without cost (except for
actual cost of labor, material and overhead costs) , to one outlet (TV connection)
to each state-accredited public or private educational institution and each
building designated by the Office, which is owned and controlled by the City of
Auburn or the Auburn School District for public purposes and not residential
use, when such recommended building is within 300 feet of the distribution
cable.
Section 6. All work done by the Grantee pursuant to any franchise shall
be in full compliance with the National Electrical Safety Code and all applicable
laws of the State of Washington and ordinances of the City of Auburn. In the
event that Grantee fails at any time to furnish any required safeguards , signs ,
signals , and/or lights or to promptly backfill excavations as required by any law,
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ordinance or regulation, then the City reserves the right to proceed as may be
required to so comply, and in such event the Grantee agrees and covenants to
promptly reimburse the City for expenses of such work.
Section 7. RAISING AND MOVING OF WIRES. If the raising or moving of
cable wires is required by any third party at any time to enable use of the
streets , or other public rights-of-way or properties , such party shall make
written application at least three (3) days in advance of such required use,
and Grantee shall raise or move said cable, wires and/or other equipment at
the expense of such applicant, payable in advance:
Third party does not include the City of Auburn or its agent.
Section 8. LENGTH OF FRANCHISE. Each franchise granted by the City of
Auburn under this ordinance shall be for a term of fifteen (15) years from the
date of acceptance by the Grantee and Grantee shall have the first option for
renewal for an additional fifteen (15) years (after open and full public hearings)
as long as Grantee continues satisfactory performance of its obligations under the
franchise.
Auburn may terminate the franchise by ordinance enacted for such purpose ,
in the event of the wilfull failure, refusal or neglect by the Grantee to do or
comply with any material and substantial requirements contained in this ordinance,
or the rules and regulations of the Federal Communications Commission adopted
pursuant to this ordinance.
Section 9. RATES AND CHARGES. The Grantee shall charge no more for basic
services in the City of Auburn than is charged by the cable industry in surrounding
areas unless Grantee can show cause why such rates should be higher.
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The Grantee shall keep on file with the City of Auburn and the Office
a copy of the current rates and charges for all services offered.
The Grantee shall give subscribers , the Office and the City of Auburn
sixty (60) days written notice of any changes in subscriber rates and charges.
The proposed new rates shall become effective sixty (60) days after receipt of
such notice by the City of Auburn City Council unless the Council shall call a
public hearing on the new rates. The purpose of such a public hearing shall be
to determine if the proposed new rates are just and reasonable.
Section 10. MODIFICATIONS. If any portion of this Ordinance should be
inconsistent with any rule or regulation now or hereafter adopted by the Federal
Communications Commission, then to the extent of the inconsistency, the rule
or regulation of the Federal Communications Commission shall control for so
long, as such rule or regulation shall remain in effect, but the remaining
portions of this Ordinance shall not hereby be affected.
Section 11 . EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN.
Grantee shall comply with the City of Auburn's Equal Opportunity and Affirmative
Action Plan adopted by Council . The policy of the City of Auburn is to promote
and afford equal treatment and service to all citizens and assure equal employ-
ment opportunity to all persons based on ability and fitness regardless of race,
creed, color, national origin, sex, physical , sensory or mental handicaps , age
or marital status. This policy shall apply to every aspect of employment
practices , employee treatment and public contact.
Section 12. COMPLAINTS. The Office shall investigate all subscriber
complaints and resolve them by conciliation, if possible. Complaints relative
to the provisions of this ordinance, which cannot be resolved by conciliation
may be appealed to the Auburn City Council for review and their determination
shall be final .
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Section 13. PROHIBITED PROGRAM CONTENT. No Grantee may exercise control
over program content on an access channel , except to the extent necessary to
prevent the presentation of program material prohibited by the rules and
regulations of the Federal Communications Commission.
Section 14: DISCRETE AREAS. The City of Auburn shall be considered
a part of South King County as to recognition of discrete communities for
purposes of cable communications and the importation of distant signals.
Section 15. UNLAWFUL TO STEAL SERVICE. Every person who knowingly and
wilfully makes unauthorized connection, whether physically, electrically, or
inductively, or attaches any unauthorized device or devices to any cable wire,
or other component of a franchised cable television system or to a television
set, for the purpose of intercepting any program carried by a franchised cable
television system which such person is not authorized to receive, shall be
guilty of a misdemeanor, and upon conviction therefor, may be punished by fine
not exceeding two hundred fifty dollars $250.00) or by imprisonment for not
over thirty (30) days.
Section 16. TRANSFER OF OWNERSHIP. Any franchise shall be a privilege
to be held in personal trust by the original Grantee. It cannot be sold, trans-
ferred, leased, assigned or disposed of in whole or in part, either by
forced or involuntary sale, merger, consolidation or otherwise, without prior
written approval of the Auburn City Council which shall be given only after a
public hearing and under the same terms and conditions as an original application.
Said application shall not be refused unless the Council finds that the public
interest will not be served by the proposed transfer.
In the event the Grantee is a corporation, an assignment of the franchise
shall be deemed to occur if there is an actual change in control or where owner-
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ship of more than 50% of the voting stock of the Grantee is acquired within a
180 day period by a person or a group of persons acting in concert, none of whom
already own 50% or' more of the voting stock singly or collectively. Any such
transfer or assignment shall be made only by an instrument in writing, such as a
bill of sale or similar document, a duly executed copy of which shall be filed
with the Office and the Director of Public Works Department of the City of
Auburn within 30 days after such transfer or assignment.
Section 17. PUBLIC NOTICES AND HEARINGS.
I. Franchise Application: The Auburn City Council , or any other body
it designates , shall conduct a public hearing to determine the following:
a.. That the public will be benefited by the granting of the
requested franchise;
b. That the applicant has the necessary sources to build,
operate and maintain a cable television system in the
franchise area;
c. That the applicant will comply with all the terms and
conditions placed upon the franchise by the Council ,
and
d. That the applicant is willing and able to comply with
all relevant federal , state and local regulations.
II . Rates and Charges (changes) : Notice of any hearing conducted pursuant
to this ordinance shall briefly describe the proposed rates and charges and the
recommendation of the Office with respect thereto and shall state the place where
the application and the relevant facts are available to the public; the time and
place of the hearing, and the date by which written comments must be submitted.
Notice of the hearing will be sufficient if published at least once during the
two-week period preceding the hearing, in a newspaper of general circulation within
the City of Auburn and in one or as many more community newspaper of general
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circulation within the cable district of the franchise area, as may be necessary
to cover the entire cable district, and if broadcast over the local access channel
of the applicant or Grantee (if any) in the cable district or districts affected
at least once each working day between the hours of 9 a.m. and 11 p.m. during the
two weeks immediately preceding the hearing.
Section 18. CONSUMER PROTECTION. Subscribers and users in each cable
district shall have the protection described in this Section in addition to all
other rights conferred in this Ordinance.
a. Upon request, each Grantee shall furnish to the Office, and the
Office shall compile and maintain for public inspection during
busines"s hours, copies of:
1 . All applications and other communications submitted
by the franchise applicants or Grantees to the City
of Auburn, the Federal Communications Commission or
any other federal , state, or local regulatory body
having jurisdiction with respect to cable communi-
cations within the City of Auburn.
2. Current information on ownership and management of
the Grantee.
3. Current information on forms of subscriber agreements
used by the Grantee; complaint procedures followed by
the Grantee, and non-basic services offered by the
Grantee and the rates and charges thereof; and
4. Records of all written requests for use of public
access channels and leased channel time and the disposi=
tion of such requests , and records of all signals and
programs carried (other than radio and television broad-
cast signals) .
b. The Office shall also compile and maintain for public inspection
during regular business hours , copies of:
1 . All federal , state, and local laws and regulations
applicable to cable communications within the City
of Auburn.
2. Records of all written complaints filed with the
Office and the disposition thereof; and
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3. Policy statements and administrative and staff
operating procedures of the Office.
c. No Grantee shall cause or permit the viewing habits of any
subscribed to be monitored without the subscriber's ex-
pressed consent.
d. Whenever a Grantee shall offer a new service or facility,
or changes in channel allocation or assignment, the Grantee
shall give notice thereof to the subscribers and the Office.
Such new service or facility shall be made available to all
subscribers, if technically and economically practicable.
Section 19. EMERGENCY RIGHTS RESERVED TO THE CITY. A Grantee shall upon
request of the Mayor or the Auburn City Council make its facilities immediately
available to the City for emergency use during the period of any emergency or
disaster declared by the Auburn City Council , the Mayor or Mayor Pro-Tem.
Section 20. CONSTRUCTION AND SYSTEM EXPANSION.
I. STANDARD INSTALLATION:
A. Aerial
Any resident may request and be connected to the cable
system at the standard connection charge if the residential
cable outlet is within 150 feet of an existing energized
aerial distribution cable.
B. Undergound
Any resident may request and be connected to the cable
system at the standard connection charge if the residence is
within 150 feet of an existing energized undergound distribu-
tion cable, provided the resident furnish an adequate trench
and/or route complying with county requirements at no -cost to
the Grantee. Any obstruction to the installation of the cable,
such as rockeries, driveways , sidewalks , landscaping, etc. would
reclassify the installation as non-standard.
II . NON-STANDARD INSTALLATION:
A. Aerial
Where the residential cable outlet to be served is more
than 150 feet from an existing aerial energized distribution
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cable, the resident shall be served , if technically possible.
The installation fee shall be established based on time,
material and overhead costs and shall be collected in advance
if so desired by the Grantee.
B. Underground
Where the residence to be served is more than 150 feet
from an existing energized underground distribution cable,
the resident shall be served, if technically possible, pro-
vided that an adequate trench and/or route complying with
City requirements is available at no cost to the Grantee,
and that the resident has arranged for the necessary ease-
ments over or under private property. The installation fee
shall be established based on time, material , and overhead
costs and shall be collected in advance if so desired by
the Grantee.
III . LINE EXTENSION:
A. Aerial
When the residence to be served requires an extension
of the existing aerial energized distribution system, the
Grantee shall extend said system one span or 300 hundred
feet or multiples thereof (whichever is less) provided there
is sufficient signal strength at the subscriber' s television
set to comply with the Federal Communications Commission's
rules and regulations Part 76, subpart K, without additional
amplifying devices . If, however, additional amplifying
devices are necessary, or if the extension of the aerial
energized distribution system is more than one span or 300
feet (whichever is less) , the Grantee may negotiate with the
subscriber for the charge in excess of the prevailing subscriber
rate and/or the standard installation charge to cover the cost
of time, material and overhead.
IV. LOCAL IMPROVEMENT DISTRICTS:
A. Grantee shall participate in all Local Improvement Districts.
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V. ARTERIAL CONVERSION:
For existing facilities , Grantee shall place aerial facilities
undergound concurrently and in cooperation with similar programs of
the telephone and power utilities. At no time shall the cable system
be the only aerial facility.
Grantee shall be entitled to be compensated at the same basis
as other utilities.
VI.. CONSTRUCTION PLAN REQUIREMENTS:
Grantee shall within six (6) months from executing its acceptance
of a franchise conforming to this ordinance prepare and submit a construction
plan. This plan shall consider the City's desire to make cable service
available to as broad a portion of the City of Auburn's constituency as
possible. This plan or design shall be submitted to and approved by Auburn's
Public Works Department and the Office and shall include the following:
1 . A definition of the proposed service area and the
proposed franchise boundaries;
2. A proposed schedule for construction of the encabled
portion within the geographic areas of the proposed
franchise. Such schedule shall reflect a two-year plan
period and shall be revised every two years thereafter.
Failure to have a construction plan in operation one
year after approval of the plan shall constitute an
abandonment of the rights and privileges under this
ordinance and the franchise may be revoked with the
approval of the Auburn City Council and the "Mayor.
VII. SYSTEM EXPENSION LIMITATION:
Upon petition by the Grantee, the Auburn City Council may defer,
or indefinitely suspend any expansion required by this ordinance, after showing
by the Grantee that such expansion would cause unreasonable financial hardship
to Grantee. Any such City Council decision shall be made by the Council after
public hearings. The Auburn City Council Clerk shall publish a notice of any
such hearing in a newspaper of general circulation in the vicinity of the
franchise (at least) ten (10) days prior to the hearing, setting forth the time
and place when and where any person or persons having any interest therein may
appear before the Council and be heard.
VIII . CONSTRUCTION VARIANCES:
The Grantee is required in all cases to request and apply for all
construction variances for system extension, subscriber installation, or
any other variances that may be required by the Auburn City Council .
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Ordinance No. 3286
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IX. MISCELLANEOUS ITEMS not mentioned above shall be negotiated between
the Grantee and the potential subscribers.
Section 21 . INDEMNITY AND HOLD HARMLESS WAIVER OF DAMAGES.
A. Grantee, its successors and assigns shall indemnify and hold harmless
the City of Auburn from any and all liabilities , fees , cost and damages , whether
to person or property, or expense of any type or nature which may accrue to the
City by reason of the construction, operation, maintenance, repair and alteration
of Grantee' s facilities; provided, however, that in case any suit or action is
instituted against the City of Auburn by reason of any such damage or inury, the
City shall cause written notice thereof to be given unto Grantee and Grantee
thereupon shall have the duty to defend any such suit or action, without cost,
or expense to the City of Auburn.
B. Grantee shall have no recourse whatever against the City of Auburn
for any loss, costs , expense or damage arising out or any provision or require-
ment of any franchise or the enforcement thereof. No privilege nor exemption
will be granted or conferred unto Grantee by any franchise except those specifi-
cally prescribed herein, and any such privilege claimed under this franchise by
the Grantee in any street or any subsequest improvement or installation therein.
Section 22. BOND AND INSURANCE. Grantee shall , before construction, file
a good and sufficient bond or any other surety, as determined by the City of
Auburn, executed by a surety company, authorized to do business in the State of
Washington , conditioned upon the faithful performance of all duties and obligations
to be performed by the Grantee under the terms of this ordinance, including the
payment of all cost, arising out of all or any part of the system from the City
right-of-way when required by termination of the franchise or any other cause,
including repair and restoration of damaged streets. Such bond shall be renewed
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Ordinance No. 3286
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by the Grantee annually and kept in full force and effect at all times during
the life of any franchise.
Any rights and privileges conferred by this ordinance, and any franchise
granted pursuant thereto shall be null and void and of no force and effect until
Grantee shall , file with the proper evidence that it has in full force and effect
and will keep in full force and effect during the life of the franchise, public
liability insurance, naming the City of Auburn and the City of Seattle as
additional insureds with coverage of not less than $100,000 per person , $500,000
per accident and property damage liability of not less than $100,00.
Provided that, where a single entity owns and operates more than one
franchise, the Office may in its discretion, permit said entity to combine bonds
and insurance coverage required by this Section.
Section 23. PAYMENT OF TAXES. Should the franchisee at any time become
delinquent in its payment of utility taxes to the Grantor, as required by Auburn
City Ordinance No. 5.88.040, this franchise may be revoked by the resolution of
the City Council after notice of this proposed action is given.
Section 24. LIMITATION AND CONDITION. No Grantee nor any major stockholder
shall directly or indirectly engage within the City in the business of selling ,
leasing, renting , servicing, or repairing radio or television sets or other
receivers or parts thereof which make use of standard broadcast entertainment
signals, provided that nothing therein shall prevent Grantee from making modi-
fications to the tuner input circuit of the subscribers television receivers and
the fine tuning of the customers operating controls only, to insure proper
operation under conditions of cable connection at the time of installation or in
response to subscriber complaint, or from the selling, servicing or repairing
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receivers and other equipment belonging to other CATV system operators for use
in the conduct of their businesses.
Provided however, this section shall be deemed void if held by a court
of competent jurisdiction to be in violation of state or federal laws regarding
restraint of trade.
Section 25. That this Ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication, as provided
by law.
INTRODUCED: JUNE 19, 1978
PASSED: JUNE 19, 1978
APPROVED: JUNE 19, 1978
M A Y O R
ATTEST:
&W&, a,
City C rk
APPROVED AS TO FORM:
City Attorney
PUBLISHED: JULY 2, 1978
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Page Fourteen & last
STATE OF WASHINGTON)
J
SS.
COUNTY OF KING )
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full , true and correct copy of Ordinance No. 3286 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY
OF AUBURN, WASHINGTON, SETTING FORTH AN INTEGRATED STATEMENT OF THE
CONDITIONS, RATES AND CHARGES, REQUIREMENTS, OBLIGATIONS, DUTIES AND
PROCEDURES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SYSTEM
OF CABLE TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF AUBURN,
WASHINGTON. "
I further certify that said Ordinance No. 3286 was duly passed by
the Council and approved by the Mayor of the said City of Auburn and
published as provided by law in the Auburn Globe News, a weekly newspaper
published in the City of Auburn, and of general circulation therein, on
the 2nd day of i July --- A.D. , 19-78_
CITY CLERK OF THE CITY OF AUBURN