ORD NO 03-1994 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 -1994
AN ORDINANCE GRANTING A NON EXCLUSIVE FRANCHISE TO VAN BUREN T.V. CABLE COMPANY FOR THE
OPERATION OF A T.V. CABLE SYSTEM.
WHEREAS, There currently exists a Franchise Agreement between the City
of Van Buren and the Van Buren T.V. Cable Company, which expires
December 31, 1996; and
WHEREAS, Under the Cable Television Consumer Protection and Competition
Act of 1992, as amended, under which the City of Van Buren is
certified as a Franchising Authority, the present Franchise
Agreement can be re- negotiated early; and
WHEREAS, It is the desire of the Van Buren City Council to re- negotiate
the terms of the present Franchise Agreement:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
THAT, The following attached Franchise Agreement shall hereafter con-
tain the terms, conditions and agreements for the non- exclusive
franchise granted to the Van Buren T.V. Cable Company:
FRANCHISE AGREEMENT
SECTION I
Definition of Terms
1.1 Terms. For the purpose of this Ordinance, the following terms,
phrases, words, and abbreviations shall have the meanings ascribed to them
below. When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number:
a. "1984 Cable Act" means the Cable Communications Policy Act
of 1984, as amended.
b. "1992 Cable Act" means the Cable Television Consumer
Protection and Competition Act of 1992, as amended.
c. "Affiliate" means an entity which owns or controls, is owned
or controlled by, or is under common ownership with Grantee.
d. "Basic Cable" is the tier of service regularly provided to
all suscr.ibers that included the retransmission of local broadcast television
signals.
e. "Cable Service" means (i) the one -way transmission to
subscribers of video programming or other programming service, and (ii)
subscriber interaction, if any, which is required for the selection of such
Video Programming or any other lawful communication service.
f. "Cable System" means a facility, consisting of a set of
closed transmission paths and associated signal generation, reception, and
control equipment or other communications equipment that is designed to provide
Cable Service and other service to subscribers.
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g. "FCC" means the Federal Communications Commission,
or successor governmental entity thereto.
h. "Franchise" shall mean the initial authorization, or
renewal thereof, issued by the Franchise Authority, whether
such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, or otherwise,
which authorizes operation and construction of the Cable
System for the purpose of offering Cable Service or other
service to subscribers.
i. "Franchising Authority" means the City of Van Buren
or the lawful successor, transferee, or assigned thereof.
j. "Grantee" means Van Buren TV Cable Co. or the lawful
successor, transferee, or assignee thereof.
k. "Gross Revenues" means the monthly Basic and
Expanded Basic Cable Service revenues received by Grantee
from Subscribers of the'Cable System and revenues derived
from service sold on a per channel or per view basis;
provided, however, that such phrase shall not include: (i)
revenues received from any advertising carried on the Cable
System; (ii) any taxes on Cable Service which are imposed
directly or indirectly on any Subscriber thereof by any
governmental unit or agency, and which are collected by the
Grantee on behalf of such governmental unit or agency.
1. "Person" means an individual, partnership,
association, joint stock company, trust corporation, or
governmental entity.
m. "Public Way" shall mean 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, but not limited to, 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 Franchising Authority in the Service Area which
shall entitle the Franchising Authority and the Grantee to
the use thereof for the purpose of installing, operating,
repairing, and maintaining the Cable System. Public Way
shall also mean any easement now or hereafter held by the
Franchising Authority within the Service Area for the purpose
of public travel, or for utility or public service use
dedicated for compatible uses, and shall include other
easements or rights -of -way as shall within their proper use
and meaning entitle the Franchising Authority and the Grantee
to the use thereof for the purposes of installing or
transmitting Grantee's Cable Service or other service over
poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other
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property as may be ordinarily necessary and pertinent to the
Cable System.
n. "Service Area" means the present municipal
boundaries of the Franchising Authority, and shall include
any additions thereto by annexation or other legal means.
o. "Service Tier" means a category of Cable Service or
other services, provided by Grantee and for which a separate
charge is made by Grantee.
p. "Subscriber" means a person or user of the Cable
System who lawfully receives Cable Services or other service
therefrom with Grantee's express permission.
q. "Video Programming" means programming provided by,
or generally considered comparable to programming provided
by a television broadcast station.
SECTION 2
Grant of Franchise
2.1 Grant. The City hereby grants to Grantee a
non exclusive Franchise which authorizes the Grantee to
construct and operate a Cable System and offer Cable Service
and other services in, along, among, upon, across, above,
over, under, or in any manner connected with Public Ways
within the Service Area and for that purpose to erect,
install, construct, repair, replace, reconstruct, maintain,
or retain in, on, over, under, upon, across, or along any
Public Way and all extensions thereof and additions thereto,
such poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may
be necessary or appurtenant to the Cable System.
2.2 Term. The Franchise granted pursuant to this
Ordinance shall be for an initial term of twenty (20) years
from the effective date of the Franchise as set forth in
Section 2.3, unless otherwise lawfully terminated in
accordance with the terms of this Ordinance.
2.3 Acceptance; Effective Date. Grantee shall accept
the Franchise granted pursuant hereto by signing this
ordinance and filing same with the City Clerk or other
appropriate official or agency of the Franchising Authority
within thirty (30) days after the passage and final adoption
of this Ordinance. Subject to the acceptance by Grantee, the
effective date of this Ordinance shall be the thirtieth day
after its passage and final adoption.
2.4 Favored Nations. In the event the Franchise
Authority enters into a franchise, permit, license,
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authorization, or any other agreement of any kind with any
other person or entity other than Grantee to enter into the
Franchising Authority's streets and public ways for the
purpose of constructing or operating a cable system or
providing cable service to any part of the service area, the
material provisions thereof shall be reasonably comparable to
those contained herein, in order that one operator not be
granted an unfair competitive advantage over another, and to
provide all parties equal protection under the law.
SECTION 3
Standards of Service
3.1 Conditions of Street Occupancy. All transmission
and distribution structures, poles, other lines, and
equipment installed or erected by the Grantee pursuant to the
terms hereof shall be located so as to cause a minimum of
interference with the proper use of Public Ways and with the
rights and reasonable convenience of property owners who own
property that adjoins any of said Public Ways.
3.2 Repairs. In the event Grantee should cause any
damage to property belonging to the Franchise Authority,
Grantee shall, at its sole expense, immediately make repairs
to such property in a workmanlike manner
acceptable to the Franchise Authority.
3.3 Relocation at Request of Franchise Authority. Upon
its receipt of reasonable advance notice, not to be less than
five (5) business days, the Grantee shall, at its own
expense, protect, support, temporarily disconnect, relocate
in the Public Way, or remove from the Public Way, any
property of the Grantee when lawfully required by Franchising
Authority by reason of traffic condition, public safety,
street abandonment, freeway and street construction, change
of established street grade, installation of sewers, drains,
gas or water pipes, or any other type of structures or
improvements by the Franchise Authority; but, the Grantee
shall in all cases have the right of abandonment of its
property. If public funds are available to any company using
such street, easement, or right of way for the purpose of
defraying the cost of any of the foregoing, such funds shall
also be made available to the Grantee.
3.4 Relocation at Request of Third Party. The Grantee
shall, on the request of any person holding a building
moving permit issued by the Franchising Authority,
temporarily raise or lower its wires to permit moving of such
building, provided: (a) the expense of such temporary
raising or lowering of wires is paid by said person,
including, if required by the Grantee, making such payment in
advance; and (b) the Grantee is given not less than ten (10)
business days advance written notice to arrange for such
temporary wire changes.
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3.5 Trimming of Trees and Shrubbery. The Grantee shall
have the authority to trim trees or other natural growth
overhanging any of its Cable System in the Service area so as
to prevent branches from coming in contact with the Grantee's
wires, cables, or other equipment. Grantee shall be
permitted to charge persons who own, or are responsible for,
such trees or natural growth for the cost of such trimming,
provided that similar charges are assessed by or paid to the
utilities of the Franchising Authority for tree trimming.
The Grantee shall reasonably compensate the Franchising
Authority or property owner for any damages caused by such
trimming, or shall, upon agreement with the property owner,
and at its own cost and expense, reasonably replace all trees
or shrubs damaged as a result of any construction of the
System undertaken by Grantee. Such replacement shall satisfy
any and all obligations Grantee may have to the Franchising
Authority or property owner pursuant to the terms of this
Section.
3.6 Use of Grantee's Equipment by Franchising
Authority. Subject to any applicable state or federal
regulations or tariffs, the Franchising Authority shall have
the right to make additional use, for any public purpose, of
any poles or conduits controlled or maintained exclusively by
or for the Grantee in any Public Way; provided that: (a)
such use by the Franchising Authority does not interfere with
a current or future use by the Grantee; (b) the Franchising
Authority holds the Grantee harmless against and from all
claims, demands, costs, or liabilities of every kind and
nature whatsoever arising out of such use of said poles or
conduit. The Franchising Authority may be required by the
Grantee to pay a reasonable rental fee for the use of such
poles, conduits, or equipment; provided, however, said fee
shall not exceed the normal or regular pole attachment fees
charged by other utilities.
3.7 Safety Requirements. Construction, installation,
and maintenance of the Cable System shall be performed in an
orderly and workmanlike manner. All such work shall be
performed in substantial accordance with applicable FCC or
other federal, state, and local regulations. The Cable
System shall not unreasonably endanger or interfere with the
safety of persons or property in the Service Area.
3.8 Aerial and Underground Construction. In those areas
of the Service Area where all of the transmission or
distribution facilities of the respective public utilities
providing telephone communications and electric services are
underground, the Grantee likewise shall construct, operate,
and maintain all of its transmission and distribution
facilities underground; provided that such facilities are
actually capable of receiving Grantee's cable and other
equipment without technical degradation of the Cable System's
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signal quality. In those areas of the Service Area where the
transmission or distribution facilities of the respective
public utilities providing telephone communications, and
electric services are both aerial and underground, Grantee
shall have the sole discretion to construct, operate, and
maintain all of its transmission and distribution facilities,
or any part thereof, aerial or underground. Nothing
contained in this Section 3.8 shall require Grantee to
construct, operate, and maintain underground any ground
mounted appurtenances such as subscriber taps, line
extenders, system passive devices (splitters, directional
couplers), amplifiers, power supplies, pedestals, or other
related equipment. Notwithstanding anything to the contrary
contained in this Section 3.8, in the event that all of the
transmission or distribution facilities of the respective
public utilities providing telephone communications and
electric services are placed underground after the effective
date of this Ordinance, Grantee shall only be required to
construct, operate, and maintain all of its transmission and
distribution facilities underground if it is given reasonable
notice and access to the public utilities' facilities at the
time that such are placed underground,
3.9 Required Extensions of Service. The Cable System,
as constructed as of the date of the passage and final
adoption of this Ordinance, substantially complies with the
material provisions hereof. Grantee is hereby authorized to
extend the Cable System as necessary, as desirable, or as
required pursuant to the terms hereof within the Service
Area. Whenever Grantee shall receive a request for service
from at least fifteen (15) Subscribers within 1320 cable
bearing strand feet (one quarter cable mile) of its trunk or
distribution cable, it shall extend its Cable System to such
Subscribers at no cost to said Subscribers for system
extension, other than the usual connection fees for all
Subscribers; provided that such extension is technically
feasible, and if it will not adversely affect the operation,
financial condition, or market development of the Cable
System, or as provided for under Section 3.10 of this
Ordinance.
3.10 Subscriber Charges for Extensions of Service. No
Subscriber shall be refused service arbitrarily. However,
for unusual circumstances, such as a Subscriber's request to
locate his cable drop underground, existence of more than one
hundred fifty (150) feet of distance form distribution cable
to connection of service to Subscribers, or a density of less
than fifteen (15) Subscribers per 1320 cable hearing strand
feet of its trunks or distribution cable, and whose
denominator equals fifteen (15) Subscribers. Potential
Subscribers will bear the remainder of the construction and
other costs on a pro rata basis. Grantee may require that
fhe payment of the capital contribution in aid of
construction borne by such potential Subscribers be paid in
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advance.
3.11 Service to Public Buildings. The Grantee shall
provide without charge one (1) outlet of Basic Service to the
Franchising Authority's office building and primary or
secondary building(s) that are passed by its Cable System.
The outlets of Basic Service shall not be used to distribute
or sell Cable Services in or throughout such buildings; nor
shall such outlets be located in common or public areas open
to the public. Users of such outlets, shall hold Grantee
harmless from any and all liability or claims arising out of
their use of such outlets, including but not limited to,
those arising from copyright liability. Notwithstanding
anything to the contrary set forth in this Section 3.11, the
Grantee shall not be required to provide an outlet to such
buildings where the drop line from the feeder cable to said
buildings or premises exceeds one hundred fifty (150) cable
feet, unless it is technically feasible and so long as it
will not adversely affect the operation, financial condition,
or market development of the Cable System to do so, or unless
the appropriate governmental entity agrees to pay the
incremental cost of such drop line in excess of 150 cable
feet. In the event that additional outlets of Basic Service
are provided to such buildings, the building owner shall pay
the usual installation fees associated therewith, including,
but not limited to, labor and materials. Upon request of
Grantee, the building owner may also be required to pay the
service fees associated with the provision of Basic Service
and the additional outlets relating thereto.
SECTION 4
Regulation by Franchising Authority
4.1 Franchise Fee.
(A) Grantee shall pay to the Franchising Authority a
franchise fee equal to four percent (4 of Gross Revenues
(as defined in Section 1.1 of this franchise) received by
Grantee from the operation of the Cable System on a quarterly
basis. The franchise fee payment shall be due and payable
thirty (30) days after the close of the preceding quarter
year. Example: revenues for Oct. -Dec. are to be paid by
Jan. 31. Each payment shall be accompanied by a letter from
Grantee showing the basis for the computation. In no event,
shall the franchise fee payments required to be paid by
Grantee exceed five percent of Gross Revenues received by
Grantee in any 12 -month period.
(B) Limitation on Franchise Fee Actions. The period
of limitation for recovery of any franchise fee payable
hereunder shall be five (5) years from the date on which
payment by the Grantee is due. Unless within five (5) years
from and after said payment due date the franchising
Authority initiates a lawsuit for recovery of such franchise
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fees in a court of competent jurisdiction, such recovery
shall be barred and the Franchising Authority shall be
stopped from asserting any claims whatsoever against the
Grantee relating to any such alleged deficiencies.
4.2 Rates and Charges. The Franchising Authority may
regulate the rates for the provision of Cable Service,
consumer protection, customer service, technical
standards, and other services as authorized by the 1984 Cable
Act, the 1992 Cable Act and FCC Rules and Regulations
relating thereto.
4.3 Renewal of Franchise. The Franchising Authority
and the Grantee agree that any proceedings undertaken by the
Franchising Authority that relate to the renewal of the
Grantee's Franchise shall be governed by and comply with the
provisions of Section 626 of the 1984 Cable Act (as such
existed as of the effective date of the 1984 Cable Act),
unless the procedures and substantive projections set forth
therein shall be deemed to be preempted and superseded by the
provisions of any subsequent provision of federal or state
law.
In addition to the procedures set forth in said Section
626(a), the Franchising Authority agrees to notify Grantee of
its preliminary assessments regarding the identity of future
cable related community needs and interests, as well as, the
past performance of Grantee under the then current Franchise
term. The Franchising Authority further agrees that such a
preliminary assessment shall be provided to the Grantee prior
to the time that the four (4) month period referred to in
Subsection (c) of Section 626 is considered to begin.
Notwithstanding anything to the contrary set forth in this
Section 4.3, the Grantee and Franchising Authority agree that
at any time during the term of the then current Franchise,
while affording the public appropriate notice and opportunity
to comment, the Franchising Authority and Grantee may agree
to undertake and finalize negotiations regarding renewal of
the then current Franchise and the Franchising Authority may
grant a renewal thereof. The Grantee and the Franchising
Authority consider the terms set forth in this section to be
consistent with the express previsions of Section 626 of the
1984 Cable Act.
4.4 Conditions of Sale. Except to the extent expressly
required by federal or state law, if a renewal or extension
of Grantee's Franchise is denied or the Franchise is lawfully
terminated, and the Franchising Authority either lawfully
acquires ownership of the Cable System or by its actions
lawfully effects a transfer of ownership of the Cable System
to another party, any such acquisition or transfer shall be
at a fair market value, determined on the basis of the Cable
System valued as a going concern.
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Grantee and Franchising Authority agree that in the case
of a lawful revocation of the franchise, which shall be made
in the Franchise Authority's sole discretion, at Granatee's
request, Grantee shall be given a reasonable opportunity to
effectuate a transfer of its Cable System to a qualified
third party. The Franchising Authority further agrees that
during such a period of time, it shall authorize the Grantee
to continue to operate pursuant to the terms of its prior
Franchise; however, in no event shall such authorization
exceed a period of time greater than six (6) months from the
effective date of such revocation. If, at the end of that
time, Grantee is unsuccessful in procuring a qualified
transferee or assignee of its Cable System which is
reasonably acceptable to the Franchising Authority, Grantee
and Franchising Authority may avail themselves of any rights
they may have pursuant to federal or state law; it being
further agreed that Grantee's continued operation of its
Cable System during the six (6) month period shall not be
deemed to be a waiver, nor an extinguishment of, any rights
of either the Franchising Authority or the Grantee.
Notwithstanding anything to the contrary set forth in Section
4.4, neither Franchising Authority nor Grantee shall be
required to violate federal or state law.
4.5 Transfer of Franchise. Grantee's right, title or
interest in the Franchise shall not be sold, transferred,
assigned, or otherwise encumbered, without the prior consent
of the Franchise Authority, such consent not to be
unreasonably withheld. Grantee shall give the Franchise
Authority at least sixty (60) days notice of any such
proposed assignment, sale or transfer. If Grantee does not
receive written notice of the Franchising Authority's
objection to such assignment within sixty (60) days of
receipt of notice of said proposed assignment, sale or
transfer, the Franchising Authority's consent shall be deemed
to have been given. No such consent shall be required,
however, for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of rights, title, or interest
of Grantee in the Franchise or Cable System in order to
secure indebtedness.
SECTION 5
Compliance and Monitoring
5.1 Books and Records. Grantee shall provide to the
Franchise Authority a certified copy of an annual year end
financial statement for its review. The Grantee agrees that
the Franchising Authority may review such of its books and
records, during normal business hours and on a nondisruptive
basis, as is reasonably necessary to monitor compliance with
the terms hereof. Such records shall include, but shall not
be limited to, any public records required to be kept by the
Grantee pursuant to the rules and regulations of the FCC.
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Notwithstanding anything to the contrary set forth herein,
Grantee shall not be required to disclose information which
it reasonably deems to be proprietary or confidential in
nature. The Franchising Authority agrees to treat any
information disclosed by the Grantee to it as confidential
and only to disclose it to employees, representatives, and
agents thereof that have a need to know, or in order to
enforce the provisions hereof.
SECTION 6
Insurance, Indemnification, and
Bonds or Other Surety
6.1 Insurance Requirements. Grantee shall maintain in
full force and effect, at its own cost and expense, during
the term of the Franchise, Comprehensive General Liability
Insurance in the amount of $1,000,000 combined single limit
for bodily injury, and property damage. Said insurance shall
designate the Franchising Authority as an additional insured.
6.2 Indemnification. The Grantee agrees to indemnify,
save and hold harmless, and defend the Franchising Authority,
its officers, boards and employees, from and against any
liability for damages and for any liability or claims
resulting from property damage or bodily injury (including
.accidental death), which arise out of the. Grantee's
construction, operation, or maintenance of its Cable System,
including, but not limited to, reasonable attorneys' fees and
costs.
6.3 Bonds and other Surety. Except as expressly
provided herein, Grantee shall not be required to obtain or
maintain bonds or other surety as a condition of being
awarded the Franchise or continuing its existence. The
Franchise Authority acknowledges that the legal, financial,
and technical qualifications of Grantee are sufficient to
afford compliance with the terms of the Franchise and the
enforcement thereof. Grantee and Franchising Authority
recognize that the cost associated with bonds and other
surety may ultimately be borne by the Subscribers in the form
of increased rates for Cable Services. The Franchising
Authority agrees that in no event, however, shall it require
a bond or other related surety in an aggregate amount greater
than $10,000, conditioned upon the substantial performance of
the material terms, covenants, and conditions of the
Franchise. Initially, no bond or other surety will be
required. In the event that one is required in the future,
the Franchising Authority agrees to give Grantee at least
sixty (60 days prior written notice thereof stating the exact
reason for the requirement. Such reason must demonstrate a
change in the Grantee's legal, financial, or technical
qualifications which would materially prohibit or impair its
ability to comply with the terms of the Franchise or afford
compliance therewith.
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SECTION 7
Enforcement and Termination of Franchise
7.1 Notice of Violation. In the event that the
Franchising Authority believes that the Grantee has not
complied with the terms of the Franchise, it shall notify
Grantee in writing of the exact nature of the alleged
noncompliance.
7.2 Grantee's Right to Cure or Respond. Grantee shall
have thirty (30) days from receipt of the notice described in
Section 7.1: (a) to respond to the Franchising Authority
contesting the assertion of noncompliance, or (b) to cure
such default, or (c) in the event that, by the nature of the
default, such default cannot be cured within the thirty (30)
day period, initiate reasonable steps to remedy such default
and notify the Franchising Authority of the steps being
taken and the projected date that they will be completed.
7.3 Public Hearing. In the event that Grantee fails to
respond to the notice described in Section 7.1 pursuant to
the procedures set forth in Section 7.2, or in the event that
the alleged default is not remedied within sixty (60) days
after the Grantee is notified of the alleged default pursuant
to Section 7.1, the Franchising Authority shall schedule a
public meeting to investigate the default. Such public
meeting shall be held at the next regularly scheduled meeting
of the Franchise Authority which is scheduled at a time which
is no less than five (5) business days therefrom. The
Franchising Authority shall notify the Grantee of the time
and place of such meeting and provide the Grantee with an
opportunity to be heard.
7.4 Enforcement. Subject to applicable federal and
state law, in the event the Franchising Authority, after such
meeting, determines that Grantee is in default of any
provision of the Franchise, the Franchising Authority may:
(a) Foreclose on all or any part of any security
provided under this Franchise, if any, including
without limitation, any bonds or other surety;
provided, however, the foreclosure shall only be in
such a manner and in such amount as the Franchising
Authority reasonably determines is necessary to
remedy the default;
(b) Commence an action at law for monetary damages or
seek other equitable relief;
(c) In the case of a substantial default of a material
provision of the Franchise, declare the Franchise
Agreement to be revoked; or
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(d) Seek specific performance of any provision, which
reasonably lends itself to such remedy, as an
alternative to damages.
The Grantee shall not be relieved of any of its obligations
to comply promptly with any provision of the Franchise by
reason of any failure of the Franchising Authority to enforce
prompt compliance.
7.5 Acts of God. The Grantee shall not be held in
default or noncompliance with the provisions of the
Franchise, nor suffer any enforcement or penalty relating
thereto, where such noncompliance or alleged defaults are
caused by strikes, acts of God, power outages, or other
events reasonably beyond its ability to control.
SECTION 8
Unauthorized Reception
8.1 Misdemeanor. In addition to those criminal and
civil remedies provided by state and federal law, it shall be
a misdemeanor for any person, firm or corporation to create
or make use of any unauthorized connection, whether
physically, electrically, acoustically, inductively, or
otherwise, with any part of the Cable System without the
express consent of the Grantee. Further, without the express
consent of Grantee, it shall be a misdemeanor for any person
to tamper with, remove, or injure any property, equipment, or
part of the Cable System or any means of receiving Cable
Service or other services provided thereto. Subject to
applicable federal and state law, the Franchising Authority
shall incorporate into its criminal code, if not presently a
part thereof, criminal misdemeanor law which will enforce the
intent of this Section 8.1
SECTION 9
Miscellaneous Provisions
9.1 Documents Incorporated and Made a Part Hereof. The
following documents shall be incorporated herein by this
reference, and in the case of a conflict or ambiguity between
or among them, the document of latest date shall govern:
(a) Any franchise agreement between Grantee and
Franchising Authority reflecting the renewal of the
Franchise, if any.
(b) Any agreement relating to the renewal of the
franchise.
9.2 Modification. This Franchise Agreement may be
modified upon the agreement of the Grantee and the Franchise
Authority.
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9.3 Preemption. If the FCC, or any other Federal or
State agency shall now or hereafter exercise any paramount
jurisdiction over the subject matter of the Franchise, then
to the extent such jurisdiction shall preempt and supersede
or preclude the exercise of the like jurisdiction by the
Franchising Authority, the jurisdiction of the Franchising
Authority shall cease and no longer exist.
9.4 Action of Franchising Authority. In any action by
the Franchising Authority or representative thereof mandated
or permitted under the terms hereof, such party shall act in
a reasonable, expeditious, and timely manner. Furthermore,
in any instance where approval or consent is required under
the terms hereof, such approval or consent shall not be
unreasonably withheld.
9.5 Notice. Unless expressly otherwise agreed between
the parties, every notice or response to be served upon the
Franchising Authority or Grantee shall be in writing, and
shall be deemed to have been duly given to the required party
five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or
registered mail, postage prepaid, at a Post Office or branch
thereof regularly maintained by the U.S. Postal Service.
The notice or responses to the Franchise Authority shall
be addressed as follows:
City of Van Buren
Municipal Complex
1003 Broadway
Van Buren, AR 72956
The notices or responses to the Grantee shall be
addressed as follows:
Van Buren TV Cable Co.
501 Main Street
Van Buren, AR 72956
Franchising Authority and the Grantee may designate such
other address or addresses from time to time by giving notice
to the other.
9.6 Descriptive Headings. The captions to Sections
contained herein are intended solely to facilitate the
reading thereof. Such captions shall not affect the meaning
or interpretation of the text herein.
9.7 Severability. If any Section, sentence, paragraph,
term, or provision hereof is determined to be illegal,
invalid, or unconstitutional, by any court of competent
jurisdiction or by any state or federal regulatory authority
having jurisdiction thereof, such determination shall have no
Page 13
effect on the validity of any other Section, sentence,
paragraph, term or provision hereof, all of which will remain
in full force and effect for the term of the Franchise, or
any renewal or renewals thereof.
Passed and adopted this /0 day of
1994, subject to applicable federal, state and local 1 w.
City of Van Buren
Cle k Mayor INV
Accepted this j0 day of a 1994,
subject to applicable federal, state and local law.
VAN BUREN TV CABLE CO.
William H. Davis, President
Page 14