HomeMy WebLinkAbout115-10 Ordinance revising Cable TV general franchise
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 115-10
AN ORDINANCE AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY
REPLACING SECTION 306 RELATING TO CABLE TV FRANCHISES, AMENDING
PART 10 OF THE PRIOR LAKE CITY CODE BY ADDING SUBSECTION 1005.1200
RELATING TO CABLE INSTALLATION AND ADOPTING BY REFERENCE CITY CODE
PART 1 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Title 3, Section 306, is hereby deleted in its entirety and replaced
with the following:
306.100: DEFINITIONS
: For the purpose of this Ordinance, the following terms,
phrases, words and their derivations shall have the meaning given herein.
APPLICABLE LAWS
means any law, statute, charter, ordinance, rule,
regulation, code, license, certificate, franchise, permit, writ, ruling, award,
executive order, directive, requirement, injunction (whether temporary,
preliminary or permanent), judgment, decree or other order issued,
executed, entered or deemed applicable by any governmental authority.
CABLE SERVICESERVICE
or means (A) the one-way transmission to
Subscribers of (i) Video Programming or (ii) Other Programming Service,
and (B) Subscriber interaction, if any, which is required for the selection or
use of such Video Programming or Other Programming Service. Cable
Service or Service as defined herein shall not be inconsistent with the
definition set forth in. 47 U.S.C. § 522(6).
CABLE SYSTEMSYSTEM
or means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control
equipment that is designed to provide Cable Service which includes video
programming and which is provided to multiple subscribers within a
community, but such term does not include:
(1) a facility that serves only to retransmit the television signals of
one or more television broadcast stations;
(2) a facility that serves Subscribers without using any public right-
of-way;
(3) a facility of common carrier which is subject, in whole or in part,
to the provisions of 47 U.S.C. § 201 et seq., except that such
facility shall be considered a Cable System (other than for
purposes of 47 U.S.C. § 541(c)) to the extent such facility is
used in the transmission of video programming directly to
Subscribers, unless the extent of such use is solely to provide
interactive on-demand services;
(4) an open video system that complies with 47 U.S.C. § 573; or
(5) any facilities of any electric utility used solely for operating its
electric utility systems.
PUBLIC WAY
means the area on, below, or above any real property in City
in which the City has an interest including, but not limited to any street, road,
highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or
real property owned by or under the control of City, including dedicated
rights-of-way for travel purposes and utility and drainage easements.
306.200: FRANCHISE REQUIRED:
It shall be unlawful for any Person, other than the
City unless specifically required by Applicable Laws, to construct, install or
operate a Cable System in the City in, on, over, under upon, along or across
any Public Way without a Franchise.
Section 2. City Code Title 10, Section 1005, is hereby amended by inserting a new
Subsection 1005.1200 as follows:
1005.1200 CABLE INSTALLATION
. In new residential developments in which
all the electric power and telephone utilities are underground, the City
may, in its sole discretion, require that the following procedure apply
with respect to access to and utilization of underground easements:
(1) The developer shall be responsible for contacting and surveying
all Cable Franchise Grantees (“Grantees”) to ascertain which
Grantees desire (or, pursuant to the terms and provisions of any
Franchise Agreement, may be required) to provide Cable Service
to that development. The developer may establish a reasonable
deadline to receive responses from Grantees the final
development map shall indicate the Grantees that have agreed to
serve the development.
(2) If one (1) or more Grantees wish to provide service within all or
part of the development, they shall be accommodated in the joint
utilities trench on a nondiscriminatory shared basis. If fewer than two
(2) Grantees indicate interest, the developer shall provide conduit to
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accommodate a minimum of two (2) sets of cable television cables
and dedicate to the City any initially unoccupied conduit.
(3) The developer shall provide at least ten (10) business days’ notice
of the date that utility trenches will be open to the Grantees that have
agreed to serve the development. When the trenches are open, such
Grantees shall have two (2) business days to begin the Installation of
their cables, and five (5) business days after beginning Installation to
complete Installation.
(4) The final development map shall not be approved until the
developer submits evidence that:
a. It has notified each Grantee that underground utility
trenches are to open as of an estimated date, and that
each Grantee will be allowed access to such trenches,
including trenches from proposed Streets to individual
homes or home sites, on specified nondiscriminatory
terms and conditions; and
b. It has received a written notification from each Grantee
that the Grantee intends to install its facilities during the
open trench period on the specified terms and
conditions, or such other terms and conditions as are
mutually agreeable to the developer and Grantee, or
has received no reply from a Grantee within ten (10)
days after its notification to such Grantee, in which case
the Grantee will be deemed to have waived its
opportunity to install its facilities during the open trench
period.
(5) Sharing the joint utilities trench shall be subject to compliance with
State regulatory agency and utility standards. If such compliance is
not possible, the developer shall provide a separate trench for the
cable television cables, with the entire cost shared among the
participating Grantee(s). With the concurrence of the developer, the
affected utilities and the Grantees, alternative Installation procedures,
such as the use of deeper trenches, may be utilized, subject to the
requirements of federal, state and local laws, regulations, ordinances,
and policies.
(6) Any Grantee wishing to serve an area where the trenches have
been closed shall be responsible for its own trenching and associated
costs and shall repair all property to the condition which existed prior
to such trenching.
Section 3. City Code Part 1 entitled “Administrative” is hereby adopted in its entirety, by
reference, as though repeated verbatim herein.
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Section 4. This ordinance shall become effective from and after its passage and
publication.
Passed by the City Council of the City of Prior Lake this 23rd Day of March, 2015.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
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Published in the Prior Lake American on the 4 day of April, 2015.
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