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Home My WebLink About0074 , ORDINANCE NO. ~4 AN ORDINANCE AMENDING ORDINANCE NO. 51 OF THE VILLAGE OF LAKEVILLE BEING AN ORDINANCE GRANTING TO ELECTRONIC CONSULTANTS, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON EXCLUSIVE. FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION SIGNAL AND DISTRIBUTION' SYSTEM WITHIN THE VILLAGE OF LAKEVILLE, MINNRSO`.PA, Aia1D SPECIFYING THE TERR~S AND CONpITIOLTS THERw- The City Council'of the City of Lakeville ordains as follows: SectiQ~i!7°.' What Ordinance No. 51`be amended by adding thereto the following sections: Section 28. Prohibition Against Taping or Monitoring. Neither the Company nor any other person,. agency or entity shall tape,. monitor or arrange for the taping or monitoring of any cable, line, signal input device, or subscriber outlet or receiver, without the authorization of the City as evidenced by a resolution of the City Council, after a public hearing preceded by ten (10) days published notice. It is further prohibited to tape or monitor any individual subscriber's signal input device or subscriber outlet or receiver except on written permission of the individual subscriber. Nothing contained in this section shall, however, be construed to prevent the Company from conducting operational tests of the system's equipment. Section 29. Commission. The City shall appoint a five (5) person Commission to monitor the performance of the Company in the execution of the provisions of the franchise. Commission members shall be residents of the City and shall represent diverse geographic and social concerns within the City. Individuals commercially involved in cable communications, public or private broadcasting, or the print- news media shall not serve as members of the Commission. The responsi- bilities of the Commission shall include the following: (1) Forwarding recommendations to the City regarding the immediate or ongoing use .y' of cable communications in the City. (2) Conciliating disagreements among the Company, .subscribers, and public and private users of the Company's system's facilities. (3) Submitting an annual report to the City Council regarding the use of cable communications services in the City including a review of any plans submitted during the year by the Company for the development of new cable communications services, (4) Being responsible for a knowledgeable review of the developments in cable communications and also forwarding recommendations to the City regarding the apparent or likely need for upgrading the system to meet the current state of the art. Section 30. Auditing by the City. The City shall have the right to audit the Company's accounting and financial records. without prior notice during normal business hours. The Company ,t, shall filetw~th the City an annual, report of the gross subscriber, ti4~~: revenue and other information which the City deems appropriate. Sectio'n'31, 'Complaints,'"The Company shall instruct all complainantsregafding~quality of service;. equipment, malfunctions, billing, and the like to submit their complaints in writing to the Company. The Company shall keep on file for a period of five {5) years a copy of said written complaints, which file shall be .open to inspection by the public. If the Company is unable to .resolve a complaint to the complainant's satisfaction within thirty (30) days of receipt of said written complaint, the Company shall forward a copy of the written complaint to the City's Commission monitoring the performance of the Company. _2_ Section 32. Interconnection Rules. The Company shall comply with the rules and regulations promulgated by the Minnesota Cable Communications Commission with respect to interconnections prior to the expiration of its interim certificate of confirmation or within five (5} years after the promulgation of such rules and regulations, whichever first occurs. Section 33. Minimum Bandwidth Requirement. The Company shall construct its cable system with a minimum of 120 MHZ of band- width available for immediate or potential use. Section 34. Non-Voice Return Communication. The Company shall provide a cable communication system having the-technical capacity for non-voice. return communication. Section 35. Regional Channel. The Company shall make available 6 MHZ of bandwidth on the VHF spectrum for a uniform regional channel in the seven County metropolitan area. to be acti- vated when the same is operational. When the Minnesota Cable .Communications Commission designates specific channel space by .number to the uniform regional channel, the Company shall operate and maintain the channel in accordance with that designation. Section 36. Access Channels for Public, Educational,. Governmental and Leased Access.. The Company agrees as follows: (1) To provide the following access channels on a first come non-discriminating basis: (a) One or more non-commercial public access channels; and (b) One or more channels for use by Tocal ,educational authorities; and (c) One or more channels for governmental use; and (d) One or more channels for lease for commercial or non-commercial uses. -3- f2) To make every effort to use the VHF spectrum for access channels. (3) To provide playback arrangements for the aforementioned public access, educational and governmental channels which shall be provided without charge. (4) To provide without cost productions of live-studio presentations of five (5) minutes in length or less which are presented on the aforementioned public . access channel. (5) That production costs and ,fees for the use of all access channels shall be consistent with the goal of providing the public a low cost means of access. (6) That whenever all operational channels are in use during eighty (80~) percent of the weekdays (Monday through Friday, inclusive) for eighty (80~) percent of the time during any consecutive three (3) hour period for six (6) consecutive weeks, the Company shall have six (6)- months in which to make a new channel available.. (7) To establish rules pertaining to the administration of public access, educational access, and leased access channels consistent with the requirements of Section 76.251 of the Federal Communication Commission rules and regulations for access channels, as the same may be amended from time to time. Section 37. Providing Equipment for Public Use. The Company shall make available for public use at least the minimum equipment necessary for the production of programming on the public access channel.. _q_ ~ r ? r s The Company small also make available upon a showing of need the minimum equipment necessary to perform good quality playback of pro- gramming and to make it possible to record programs at remote locations with battery operated portable equipment. "Need" within the meaning of this section shall be determined by subscriber petition. A petition shall contain: (1) The signature of'five hundred (500) subscribers to the system attesting to the need; or (2) The signatures of at least ten (10~) percent of the subscribers of the system, containing a minimum of one hundred. (100) signatures, attesting to the-need. Section 2. That this ordinance shall become effective upon its passage, approval and publication. Adopted this ~ ~ day of 1974. CITY OF LAKEVILLE BY:`~~ _-~Z//D 'moo ert Jerpe , Mayor ATTEST: c/ Marceline Hemstrom, Clerk _g_ ORDINANCE NO. 74 STATE of MINNESOTA, County of Dakota AN ORDINANCE AMENDING ORDIN- ANCE NO. 51 OF THE VILLAGE OF LAKEVILLE BFING AN ORDINANCE GRANTING TO ELECTRONIC CONSUL- TANTS, INC., A MINNESOTA CORP- ORATION, ITS SUCCESSORS AND ASSIGNS, A NON EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAIN- TAIN A TELEVISION SIGNAL AND DISTRIBUTION SYSTEM WITHIN THE VILLAGE OF LAKEVILLE, MINNESOTA, AND SPECIFYING THE TERMS AND CONDITIONS THEREOF. The City Council of the City of Lake- ville ordains as follows: RULESv the Company shall comply with the rules and regulations promulgated by the Minnesota Cable Communications Commission with respect to interconnec- tions prior to the expiration of its interim certificate of confirmation or within five (5) years after the promulgation of such rules and regulations, whichever first occurs. e, Section 33 MINIMUM BANDWIDTH REQUIREMENT The Company shall construct its cable system with a mininum e of 120 MHZ of bandwidth available for immediate or potential use. Section 34 NON -VOICE RETURN COMMUNICATION The Company shall provide a cable communication system having the technical capacity for non - voice return communication. Section 35 REGIONAL CHANNEL The Company shall make available 6 MHZ of bandwidth on the VHF spectrum for a uniform regional channel in the seven county metropolitan area to be activated when the same is operational. When the Minnesota Cable Communica- tions Commission designates specific channel space by number to the uniform regional channel, the Company shall operate and maintain the channel in accordance with that designation. [30a fllW tl3d� ria�lJ T icy hays 1 £Zl 11 d jnulaling ss. Notice ORDINANCE NO. 74 CONT"D " s he is and during all times the newspaper known as THE acts herein stated as follows: ;e in newspaper format and ce to at least 900 square buted at least once each ins devoted to news of local and does not wholly dupli- sly of patents, plate matter d in and near the munici- :opies regulary delivered of its total circulation ars and has entry as second rspaper purports to serve 1 it has its known office tblished and open during ile of advertisements and or persons in his employ h regular business hours paper files a copy of ety. (7) Said news - or at least two years 'low. (8) Said news - a prior to January 1, orm prescribed by ewspaper and sworn a legal newspaper. medium of official !t the foregoing .( n 41/L t! Section 36 ACCESS CHANNELS FOR PUBLIC, EDUCATIONAL, GOVERN- MENTAL AND LEASED ACCESS The Company agrees as follows: (1) To provide the following access channels on a first come non -discrimin- ating basis: (a) One or more non-commercial public access channels; and (b) One or more channels for use by local educational authorities; and (c) One or more channels for govern- mental use; and (d) One or more channels for lease for commerical or non-commer- cial uses. (2) To make every effort to use the VHF spectrum for access channels. (3) To provide playback arrangements for the aforementioned public access, educational and governmental channels which shall be provided without charge. (4) To provide without cost productions of live studio presentations of five (5) minutes in length or less which are presented on the aforementioned public access channel. (5) That production costs and fees for the use of all access channels shall be consistent with the goal of providing the public a low cost means of access. (6) That whenever all operational channels are in use during eighty (80%) percent of the weekdays (Monday through Friday, inclusive) for eighty (80%) per - c -- five S13M010811� i niSa!,J JO •JaJ UCHA NOdfO3 319Vn1VA 8 apoq z°Z£ s,uaJb6u3 1V Rill() poop uodnop uodnop auo oLun q auo own 9L61 '8Z 4daS ' +oS "'41 p000 uodnoj NOdflOD SH -11 I -411M a Inn it xnl N0d1103 3l9VnlYA rom the columns of in the English Tan- ks that was first// , 19 1jY and that day to and 19 and that bet from A to Z, he size and kind J 1 notice, to -wit: 01 J s,uai6bu3 4 Apo poop uodnoj uodnoj auo kiwi' ',coq auo owi1 IL6 t '8Z ydas ' ins n'41 pool uodnop NOdflOD SIH1 HIIM 7 19'/1' a -4e Dakota County, Minn. 1r1 piffS A" FARlti