AN ORDINANCE GRANTING A FRANCHISE TO SANTEL COMMUNICATIONS COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, TO ERECT, OWN, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF WOONSOCKET, SOUTH DAKOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOONSOCKET, SOUTH DAKOTA:
WHEREAS, Santel Communications Cooperative, Inc., has petitioned for the nonexclusive right to construct and operate a community antenna television system in the City of Woonsocket, South Dakota.
NOW, THEREFORE, the City of Woonsocket, South Dakota, hereby grants to Santel Communications Cooperative, Inc., the rights under this Cable Television Franchise Ordinance.
I. SHORT TITLE.
This ordinance shall be known and may be cited as the Woonsocket Community Antenna Television Franchise Ordinance.
II. DEFINITIONS.
For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
1.    “City” shall mean the City of Woonsocket, South Dakota.
2.    “City Council” shall mean the City Council of Woonsocket, South Dakota.
3.    “Cable Television System”, “Cable System” or “CATV” shall mean a system utilizing coaxial cable and certain electronic and other components which deliver to
subscribing members of the public various communications services.
4. “FCC” shall mean Federal Communications Commission.
5. “Person” shall mean any person, firm, partnership, association, corporation or organization of any kind and any other legally recognized entity.
6. “Grantee” shall mean Santel Communications Cooperative, Inc., an affiliate, or successor, in accordance with the provisions of this Franchise by Grantee.
7.“Subscribers” are those persons contracting to receive cable television reception services furnished under this Franchise by Grantee.
8.    “Cable Television Reception Service” shall mean the simultaneous delivery by the Grantee to television receivers or any other suitable type of audio-video communications receivers.
9.    “Affiliate” or “Affiliated Company” means a corporation, partnership or other business entity which is wholly owned by the same person or persons who own
Santel Communications Cooperative, Inc.
III. QUALIFICATIONS OF GRANTEE AND GRANT OF NONEXCLUSIVE AUTHORITY
WHEREAS, The City has approved of the legal, character, financial, technical and other qualifications of the Grantee and the adequacy and feasibility of the Grantee’s construction arrangements as part of a full public proceeding affording due process, including notice to all interested persons and members of the public, there is hereby granted by the City to the Grantee a nonexclusive franchise, right and privilege to construct, erect, operate, modify and maintain, in, upon, along, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a Cable Television System for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways, and public places and all manner of easements for the purposes here set forth.
IV. DURATION AND ACCEPTANCE OF FRANCHISE.
The Franchise granted the Grantee herein shall terminate fifteen (15) years from the date of grant, subject to renewal for periods of reasonable duration on the same terms and conditions as contained herein, or on such different or additional terms and conditions as may be lawfully specified by the City and as are consistent with the requirements of Rule 76.31 or other applicable rules of the Federal Communications Commission. No renewal hereof shall be granted unless authorized by the City following a public hearing. Grantee shall be awarded a franchise renewal provided its application shows that its CATV service during the preceding franchise period has reflected material compliance with the terms of this Franchise Ordinance and a good-faith effort to serve the needs and interests of the service area.
V. COMPLIANCE WITH APPLICABLE LAWS REGULATIONS, ORDINANCES AND CODES
1.    The Grantee shall, at all times, operate and maintain its Cable Television System in full compliance with the rules, regulations and standards of the FCC and any applicable rules, regulations and standards of the State of South Dakota.
2.    The Grantee shall, at all times, during the life of this Franchise, be subject to all lawful exercise of the police power by the City and to any such reasonable regulations as the City shall hereafter provide.
VI. TERRITORIAL AREA INVOLVED.
This Franchise relates to the present territorial limits of the City and to any area henceforth added thereto during the term of this Franchise. During the term of this Franchise Ordinance, Grantee shall offer CATV service upon request at its then established normal installation and monthly rates to any permanent dwelling or other building within the then territorial limits of the City, subject to application of established credit and other business policies of the Grantee.
VII. LIABILITY AND INDEMNIFICATION.
Grantee shall, at all times, keep in effect the following types of insurance coverage:
1. Workers Compensation upon its employees engaged in any manner in the installation or servicing of its plant and equipment within the City of Woonsocket.
2. Property Damage Liability insurance to the extent of Fifty Thousand Dollars ($50,000) as to any person and One Hundred Thousand Dollars ($100,000) as to any one accident, and personal injury liability insurance to the extent of One Hundred Thousand Dollars ($100,000) as to any one person and Three Hundred Thousand Dollars ($300,000) as to any one accident.
Grantee shall indemnify, protect, and save harmless the City from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any Workers Compensation law which may be caused by the erection, maintenance, use or removal of any of its attachments, poles or other undertakings, within the City, or by any action of Grantee, its agents or employees. Grantee shall carry insurance in the above described amounts to protect the parties hereto from and against all claims, demands, actions, suits, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. Grantee shall also carry such insurance as it deems necessary to protect it from all claims under the Workers Compensation laws in effect which may be applicable to the Grantee. The City shall give the Grantee prompt written notice of any such claims, demands, actions, suits, judgments, costs, expenses or liabilities. All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder.
VIII. OPERATION AND MAINTENANCE OF SYSTEM
1.    The Grantee shall provide for regular billing of accounts and be so operated that complaints and requests for repairs or adjustments may be received at any time.
2.    The Grantee shall render safe and efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest possible time. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.
3.    The Grantee shall provide for safe, adequate and prompt service for its facility.
IX. EMERGENCY USE OF FACILITIES
In the case of any emergency or disaster, the Grantee shall, upon request of the City Council, make available its facilities to the City for emergency use during the emergency or disaster.
X. SAFETY REQUIREMENTS
The Grantee shall, at all times, employ ordinary care and shall install and maintain, in use commonly accepted, methods and devices for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public.
XI. NEW DEVELOPMENTS.
It shall be the policy of the City liberally to amend this Franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity more effectively, efficiently or economically to serve its customers; provided, however, that this section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policy stated herein.
XII. LIMITATIONS OF RIGHTS GRANTED.
1.    All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys, or other public ways and places, and said poles or fixtures shall be removed by Grantee whenever, in the opinion of the City Council, the same restrict or obstruct the operation or locations of any future streets or public places in the City.
2.    All transmission and distributing structures, lines and equipment erected by Grantee within the City shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with any installations of the City or of a public utility serving the City or to interfere with new improvements the City may deem property to make.
3.    In the maintenance and operation of its television transmission and distribution system in the streets, alleys and other public places, and in the course of any new construction or addition to its facilities, Grantee shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places made by Grantee in the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by warning lights.
4.    In case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense, and in a manner approved by the City Council, replace and restore such street, sidewalk, alley, public way or paved area in as good a condition as before the work involving such disturbance was done.
5.    If at any time during the period of this Franchise, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley other public way, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
6.    All installations of equipment shall be of permanent nature, durable and installed in accordance with good engineering practices, and of sufficient height to comply with all existing City regulations, ordinances, and state laws, so as not to interfere in any manner with the right of the public or individual property owner, and any equipment installed in a public way or place shall not interfere with the usual travel on such public way or usual use of such public place by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic.
7.    In all sections of the City where the cables, wires or other like facilities of public utilities are placed underground, the Grantee shall, in the future, place its wires, cables, or other like facilities underground to the maximum extent that existing technology reasonably permits the Grantee to do so.
8.    Grantee shall, at its expense, protect, support, temporarily disconnect, relocate on the same street, alley or public place, or remove from the street, alley or public place, any property of Grantee when required by the City by reason of traffic conditions, public safety, street vacation, freeway and street construction, change of establishments of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other types of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity or other structure of public improvement; provided, however, that Grantee shall, in all such cases, have the privileges to abandon any property of Grantee in place as hereinafter provided.
9.    In the event that the use of any part of the system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such systems or property have been installed in any street or public place without complying with the requirements of this ordinance, or the rights granted hereunder have been terminated, canceled or have expired, Grantee shall promptly remove from the streets, or public places all such property and poles of such system other than any which the City may permit to be abandoned in place. In the event of such removal, Grantee shall promptly remove from the streets or public places, all such property and poles of such system other than any which the City may permit to be abandoned in place. In the event of such removal, Grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the City.
10.    Any property of Grantee to be abandoned in place shall be abandoned in such a manner as the City may prescribe. Upon permanent abandonment of the property of Grantee in place, it shall submit to the City an instrument to be approved by the City, transferring to the City the ownership of such property.
XIII. REMOVAL OF FACILITIES UPON REQUEST.
Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.
XIV. TRANSFER OF FRANCHISE.
The Grantee shall not assign or transfer any rights granted under this ordinance to any person, company or corporation without the prior approval of the City Council, which approval shall not be unreasonably withheld; provided the Grantee shall have the right to assign its rights under this Ordinance to an affiliated company without further approval of the City Council.
XV. ERECTION, REMOVAL AND COMMON USE OF POLES.
1.    There is hereby granted to the extent that the City is authorized to do so, the right and authority to Grantee to lease, rent, or in any other manner, obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City, including telephone and electric service franchises, to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the City. It is the stated intention of the City that all other holders of public licenses and franchises within the corporate limits of the City shall cooperate with Grantee to allow Grantee joint usage of its poles and pole-line facilities whenever possible or wherever such usage does not interfere with the normal operation of said poles and pole lines so that the number of new or additional poles constructed by Grantee within the City may be minimized.
2.    Grantee shall grant to the City, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to Grantee insofar as it may be done without interfering with the free use and enjoyment of Grantee’s own wires and fixtures and the City shall hold Grantee harmless from any and all claims, actions, causes of action, or damages caused by the placing of the City’s wires or appurtenances upon the poles of Grantee. Proper regard shall be given to all existing safety rules covering construction and maintenance in effect at the time of construction. If, in accommodating the City’s joint use of its poles, Grantee is required to change or replace poles or install new poles, the City shall compensate Grantee for such additional expense.
XVI. RATES.
1.    Grantee shall, at all times, maintain on file with the Municipal Finance Officer a schedule setting forth all rates and charges to be made to subscribers for CATV service, including installation charges.
2.    The rates and charges for services to subscribers shall be initially set by Grantee, subject to any applicable rules and regulations of federal and state agencies.
XVII. COMPLAINT PROCEDURES.
Complaints regarding the quality of service, equipment malfunctions and similar matters shall first be directed to Grantee’s office. Should Grantee fail to satisfy a complaint, it may then be directed to the Municipal Finance Office for investigation. In response to a complaint, Grantee shall be afforded a reasonable opportunity to present written statements of its position. The Municipal Finance Officer shall attempt to resolve the complaints but, if this cannot be achieved, he shall submit a recommendation to the City Council recommending that: (1) the Complaint be dismissed, or (2) corrective action be taken by Grantee. Appeal from the City Council’s action may be made to the appropriate judicial or administrative forum.
XVIII. COMPLIANCE WITH FCC FRANCHISE STANDARDS.
Pursuant to applicable FCC standards, the following recitations and provisions are set forth:
1.    Grantee’s legal character, financial, technical and other qualifications and the adequacy and feasibility of its construction arrangements have been approved by the City Council of the City after consideration in a full public proceeding affording due process to all interested parties.
2.    The initial franchise period shall be fifteen (15) years in duration, and renewal franchise periods shall also be fifteen (15) years in duration.
XIX. CONSTRUCTION SCHEDULES AND STANDARDS.
1. Within sixty (60) days after the effective date of this Ordinance, the Grantee shall file with the appropriate governmental authorities all initial papers, applications, contracts and other documents necessary to obtain any and all commencement of construction and operation of the Cable Television System and shall thereafter make diligent efforts to obtain the proper execution and delivery of such documents and any amendments thereto. In the event that all necessary waivers, consents and licenses are not obtained within one (1) year after the effective date of this Ordinance, this Franchise Ordinance may be repealed at the option of the City by the adoption of an appropriate repealer ordinance.
2.    Within sixty (60) days after all necessary waivers, consents and licenses have been obtained, the Grantee shall commence the construction of the Cable Television System and pursue such with diligence.
3.    The Grantee shall commence operation on or before May 1, 2017, or this Franchise shall be subject to repeal as prescribed in subparagraph (1) of this section.
4.    Delays in the performance of Grantee’s obligations under this ordinance which are caused by strikes, equipment shortages, state of war, acts of God, or other circumstances beyond the control
of Grantee shall not be construed to be violations of the provisions of this ordinance, and reasonable extensions of the time shall be granted therefor.
5.    All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto, as well as all applicable state and local codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with all applicable codes, including the provisions of the electrical code. All of the Grantee’s plant and equipment shall be installed, constructed, repaired, maintained and operated in accordance with good engineering practices. The Grantees shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
XX. GRANTEE RULES.
1.    The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of this business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its obligations under this Ordinance.
2.    All such rules, regulations, terms and conditions promulgated under the subsection (1) above shall not be in conflict with the provisions hereof, or applicable federal or state law or rules promulgated by the City in the exercise of its regulatory authority granted hereunder.
3.    One copy of all such rules, regulations, terms and conditions promulgated under subsection (1) above, together with any amendments, additions or deletions thereof, shall be kept currently on file with the Municipal Finance Officer and another copy thereof shall be maintained for public inspection during normal business hours at Grantee’s Office in the City of Woonsocket; no such rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained.
XXI. TERMINATION OF FRANCHISE.
The City reserves the right to terminate any franchise granted hereunder and rescind all rights
and privileges associated therewith in the event of:
1.    Noncompliance by the Grantee with any provision of this Ordinance, amendment hereto or of any supplemental written agreement entered into by and between the City and the Grantee.
2.    The Grantee becomes insolvent, enters into receivership or liquidation, files an application for bankruptcy or for composition of creditors, is unable to pay its debts as they mature, or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the network.
3.    Violation by the Grantee of any FCC or applicable state order or ruling, or the order or ruling of any other governmental body having jurisdiction over the Grantee, unless the Grantee is lawfully contesting the legality or applicability of such rule or order.
Upon the occurrences of any of the above-listed events, the City Council may, after hearing, upon thirty (30) days written notice to the Grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the Grantee must remedy the cause. During the thirty (30) day period, the City Council may declare the notice to be null and void. If the Grantee fails to remove the cause within the time specified after hearing, the City Council may revoke the franchise. In any event, before a franchise may be terminated, the Grantee shall be provided with an opportunity to be heard before the City Council.
XXII. UNAUTHORIZED CABLE TAPPING.
It shall be unlawful for any person or persons to obtain any cable television services from any cable television company, or any firm or private person, by installing, rearranging, or tampering with any facilities or equipment of said Cable Television Company unless the same is done with the knowledge of and with the permission of the Cable Television Company. Any person or persons found guilty of a violation of any of the provisions of this Section shall be deemed guilty of a misdemeanor and shall be fined a maximum of not to exceed One Hundred Dollars ($100).
XXIII. SEPARABILITY.
1.    If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portions hereof.
2.    Should any provision of this Franchise be inconsistent or at variance with any rule, regulation or policy, in whole or in part, of the Federal Communications Commission or any other agency having jurisdiction, such provision shall be invalid, but the remaining provisions hereof shall not be affected thereby.
RESOLVED AND APPROVED this first day of May, 2017, by a vote of six for, zero against, and zero abstentions.
Lindy Peterson
Mayor
ATTEST:
Tara Weber
City Finance Officer
(SEAL)
First Reading: April 2, 2017
Second Reading: May 1, 2017
Adopted: May 1, 2017
Published: June 8, 2017