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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 Page 2 of 4 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. Page 3 of 4 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 th Published in the Prior Lake American on the 4 day of April, 2015. Page 4 of 4