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HomeMy WebLinkAbout998ORDINANCE NO. 998 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, GRANTING A NON-EXCLUSIVE FRANCHISE TO SEMINOLE CABLEVISION, INCORPORATED TO OPERATE AND MAIN- TAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS; PROVIDING FOR CITY REGULATION OF ITS OPERATION, RATES, PAYMENTS, SERVICE, CONSTRUCTION, AND MAINTEN- ANCE; CONTAINING CERTAIN PROHIBITIONS; PRES- CRIBING CERTAIN PENALTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited as the Sanford Community Antenna Television Franchise Ordinance. SECTION 2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and 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. (a) "City" is the City of Sanford, Florida. (b) "Company" is Seminole Cablevision, Incorporated, a Florida corporation authorized to do business in the State of Florida and maintaining offices in Sanford, Florida, the grantee of rights under this Franchise Ordinance. (c) "Commission" is the City Commission of Sanford, Florida. (d) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. (e) "System" shall mean the lines, fixtures, equipment, attachments, and all appurtenances thereto which are used in the construction, operation, and maintenance of the community antenna television system herein authorized. SECTION 3. GRANT OF AUTHORITY - NON-EXCLUSIVE. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under, the streets, alleys, public ways and public places, now laid out or dedicated and all extensions thereof and additions thereto in the City, wires, poles, cables, underground conduits, conductors and fixtures necessary for the maintenance and operation in the City of a community antenna television system for the reception and distribution of television signals and energy, frequency modulated radio signals, and non-commercial visual and Sanford, and the Company shall be bound by the same rules and regulations as to such area as are otherwise herein or here- after provided. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth, shall not be exclusive, and the city reserves the right to grant the use of streetS, alleys, public ways and places to any person at any time during the period of this Franchise ordinance. The Company shall have the right to enter into arrangements for the attachment ontO and use of facilities owned and operated by public utilities operating within the City, whereby the Com- pany shall strictly comply with the terms, provisions, and res- trictions of said agreementS, and copies of all agreementS made with other public utilities operating within the City shall be placed on file with the City Manager'S office immediately upon their execution. SECTION 4. COMPLIANCE WITH LAWS, REGULATIONS AND ORDINANCES. The Company shall, at all times during the life of this Franchise ordinance, be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the city shall here- after by Resolution or ordinance provide. The construction, oper- ation, and maintenance of the system by the Company shall be in full compliance with the National Electric code as from time to time amended and revised, and in full compliance with all other applicable rules and regulations now in effect or hereinafter adopted by the Federal Communications commission, the City, the State of Florida, and the United States Government. SECTION 5. COMPANY LIABILITY AND iNDEMNIFICATION- (a) LIABILITY cOVERAGE. It is expressly understood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the city on account of any suit, judgment, execution, claim, or demand whatsoever arising out of the construction, operation and main- tenance of the system by the Company. The Company agrees to maintain and keep in full force and effect at all times during the term of this Franchise ordin- ance sufficient liability insurance coverage to pro- tect the City against any such claims, suits, judg- mentS, executions, or demands in a sum not less than $100,000.00 per person in any one claim, $300,000.00 as to any one accident or occurrence, and not less than $100,000.00 for property damage as to any one accident occurrence, or in such larger sums on all coverage as may be required of the Company by any other public utility in the City. cOMPENSATION CovERAGE. The company shall (b) woRKMEN'S force and effect throughout also maintain in full the duration of this Franchise ordinance sufficient workmen'S compansation insurance coverage to adequately and fully proteCt its agents and employees as required by law. (c) INITIAL PERFORMANCE GUARANTEE- The Company shall, within thirty (30) days after the effective date of this Franchise ordinance, post with the city a per- formance bond or cash in the amoUnt of $100,000-00 which will be returned to the Company at the end of · . any has in good faith during four yearS rovlded the Co~ ~%..~+'on and shall offer P leted the cons~ 1 said time, comp ~ the entire land community antenna television service to area within the city limits at the end of the fourthin an erforming the obligation herein year from the signing of this Franchise ordinance. default of the comp Y P ~=' sum of $100,000.00 shall in this section set out the ~ld be forfeited in total to the city of Sanford. (d) PERMANENT pAYMENT AND PERFORMANCE GUARANTEE. The Company shall furnish bond to the city in the sum of $25,000.00, which shall remain in full force and effect throughout the terms of this Franchise ordinance to guarantee the payment of all sumS which may become due to the City under this Franchise ordinance, including the removal of attachmentS upon termination of this Franchise ordinance by any of its provisions, and such bond shall guarantee to the city the performance by the · rovisions of this Franchise ordinance Company of all the p ....... ~rein nermitted to be and all laws, rules an~ regu±a~lon~ ~ = adopted and enforced- (e) RESIDENT COMPANY AND AGENT. All insurance policies and bonds as are required of the Company in this Franchise ordinance shall be written by a Company or companies authorized and qualified to do business in the State of Florida and shall be serviced through an insurance agent doing business within the City. Certificates of all coverage required shall be promptly filed by the Company with the City- (f) INSURANCE POLICY AND BOND. The insurance policy and bond obtained by the Company in compliance with this section have herewith been filed with and approved by the city and such insurance policy and bond, along with written evidence of payment of required premiums, shall be filed and maintained with the City Clerk during the term of this franchise. SECTION 6. CONDITIONS ON STREET OCCUPANCY AND SYSTEM CONSTRUCTION. (a} USE. Ail transmission and distribution structures, lines, and equipment erected by the Company within the City shall be so located as to cause minimum interfer- ence with the proper use of streets, alleys, and other public ways and places and to cause minimum interference with the right or reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places. (b) RESTORATION. In case of any disturbance or pavement, sidewalks, driveways, or other surfacing, the Company shall, at its own expense and in a manner approved by the City, replace and restore such places so disturbed in as good condition as before said work was commenced, and shall maintain the restoration in a condition ap- proved by the City for the full period of one year and if the Company fails to do so the City may undertake restoration at the expense of said Company. (c) RELOCATION. The Company shall promptly and at its own expense relocate or modify any part of its system which the City may request to accommodate improvements to such streets, to accommodate City sewer, water, electric, communications or other facilities occupying any part of the public streets and to accommodate the facilities of other public utilities as may be required by the City, or other public authority having jurisdiction. (d) PLACEMENT OF FIXTURES. The Company shall not place any fixtures or equipment where the same will interfere with any gas, electric, telephone, or sewer and water lines, fixtures, and equipment, and the location by the Company of its lines and equipment shall be in such manner as to not interfere with the usual travel on said streets, alleys, and public ways and the use of the same by gas, electric, telephone, and water and sewer lines and equip- ment and the City shall have free use of any poles in the Company's system to carry conductors for any City owned or franchised electric or communications system. (e) TEMPORARY REMOVAL OF WIRES FOR BUILDING MOVING. The Company shall, on the request of the City, temporarily raise or lower its wires to permit the moving of buildings. (f) NO PROPERTY RIGHT. Nothing in this Franchise Ordinance shall grant to the Company any right of property in City-owned property, nor shall the City be compelled to maintain any of its property any longer than, or in any fashion other than in the City's judgment its own busi- ness or needs may require. (g) NON-LIABILITY OF CITY. The City shall not be liable for any damage occurring to the property of the Company caused by employees of the City in the performance of their duties, nor shall the City be held liable for the interruption of service by actions of City employees in the performance of their duties, nor shall the City be held liable for the failure of the Company to be able to perform normal services due to acts of God. (h) PERMITS, EASEMENTS, AND AGREEMENTS. The City shall not be required to assume any responsi- bility for the securing of any rights-of-way or ease- ments, nor shall the City be responsible for securing any permits or agreements with other persons or utilities. SECTION 7. CONSTRUCTION APPROVAL BY CITY -CORRECTION OF DEFECTS. Except for individual service drops, the Company shall not erect any pole, run any line, make any attachment, nor shall any construction of any kind be commenced without the prior approval of the City Manager. The approval as referenced herein shall be in the form of a permit issued by the City Manager upon approval of (a) layout maps of the system authorized by this Franchise Ordinance showing planned routing, utility company poles to which the system facilities are to be attached and location of all trunk and distribution line amplifiers or (b) true copies of all attachment requests and sub- sequent approval made by the Company to Southern Bell Telephone and Telegraph Company and Florida Power and Light Company. The City shall have and maintain the right to inspect the construction, operation, and maintenance of the system by the Company to insure the proper performance of the terms of this Franchise Ordinance. In the event the Company should violate any of the terms of this Franchise Ordinance or any of the rules and regulations as may be from time to time lawfully adopted, the City shall immediately give to the Company thirty (30) days written notice to correct such vio- lation, and in the event the Company does not make such correction within thirty (30) days from the receipt of such written notice, the City may make such correction itself and charge the cost of same to the Company. SECTION 8. NUMBER OF CHANNELS. The Company will immediately install for the operation of the system in the City of Sanford an ALL CHANNEL, SYSTEM capable of transporting and relaying twenty channels, and the Company shall immediately place into operation not less than six television channels available to the subscribers to this system in Sanford, and the Company will continue to maintain and relay to the subscribers to this system in Sanford not less than six channels, unless the transmitting television station or stations ceases or curtails its transmission by act of God or other cause not within the control of the Company. In all cases the Company shall maintain and relay to the subscribers all available channels as deter- mined by F.C.C. rules in effect at the time of issuance of this Franchise. In addition thereto, Company will provide and maintain System Design and Operational Parameters as represented to City in its original proposal which said System Design and Operational Para- meters are on file with City. SECTION 9. PROHIBITION FROM ENGAGING IN RADIO AND TELE- VISION SALES, SERVICE AND REPAIR. The Company, any and all of its officers, agents, and employees, are specifically prohibited from engaging in the sale, service, rental, or leasing of television receivers, radio receivers, or television or radio receiver related parts and accessories with any person, any- where in the City whether for a fee or charge or not. The Company shall prohibit any of its officers, agents, and employees from vio- lating the terms of this section at all times, whether in the per- formance of duties of the Company or otherwise. SECTION 10. PROHIBITION - PAY TELEVISION, MUSIC SERVICE, ADVERTISING, AND/OR REGULATED PUBLIC UTILITIES. (a) PAY TELEVISION. The Company shall not engage in the business of PAY TELEVISION, that is, the sale of programs on a program by program basis. (b) ADVERTISING. The Company shall not use the system for advertising purposes for itself or others, nor shall the Company transmit over any of its equipment any commercial information or advertising except that which is received from a regular broadcasting station and merely relayed to the subscribers in the same manner as is received from such broadcasting station with its normal program. An exception to this prohibition shall be effective January 1, 1971 as set forth in FCC Rules on CATV Originations and Commercials in their First Report and Order, Docket Number 18397, Adopted October 24, 1969. Any further changes under FCC Rules and Regulations shall have no affect under this Franchise until approved by the City; provided, however, Company will develop and apply the "Total Television for Central Florida" concept as repre- sented in proposals by the Company to City on May 28, 1970 and as supplemented June 8, 1970, the provisions of which are incorporated herein by reference. (c) (d) (e) (f) (g) REGULATED PUBLIC UTILITIES. The Company shall not use the system to interfere or conflict with services offered by public utilities regulated by the Florida Railroad and Public Utilities Commission. RECOMMEND SERVICE. The Company, any and all of its officers, agents, and employees shall not indicate and shall not recommend, in any manner a specific sale or service establishment or individual be used for the sale or service of any television set. PUBLIC SERVICE. The Company shall provide community antenna television service without installation or monthly service charge to all public and parochial schools, the Sanford Public Library, City-owned recreational center buildings, City Hall, City Police Stations, City Fire Stations, City Utility Plants, and the Seminole Memorial Hospital providing such install- ations are within the city limits. In the case of any emergency or disaster, the Company shall, upon request of the City, make available its facilities to the City for emergency use during the emergency or disaster period. LOCAL SERVICE. The Company shall provide a local service channel in addition to the six channels under Section 8 of this Franchise Ordinance. The local ser- vice channel shall provide local weather information and time with continuous FM background music. Any further use for public service, worthy civic organizations, or charitable causes shall first be approved by the City. In addition thereto, Company will make available and promote those matters pertaining to public interest and events as outlined in proposals to City by Company dated May 28, 1970 and supplemented June 8, 1970, which by reference are incorporated herein. EDUCATIONAL SERVICE: The Company shall reserve a television channel for the use of educational institutions within the city limits for the origination of educational television telecasts and the interconnection of all said educational institutions. SECTION 11. SERVICE STANDARDS. (a) The Company shall maintain and operate the system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Commission, provided, however, the Company shall operate the system so that there will be no interference with television reception, radio reception, telephone com- munications or other installations which are now or may hereafter be installed and in use by the City or any persons in the City. (b) (c) (d) (e) The Company shall carry all signals of every television station where the community antenna television system tower or towers and antenna equipment are located within the Federal Communication Commission approved predicted Grade B contour line of that television station. The television signals at no time shall be altered, inter- rupted, or blacked out in any way by the Company. The Community antenna television system shall maintain at all times: (1) Use all band equipment capable of passing the entire VHF television and FM radio spectrum. (2) Equipment that passes standard color television signals without degradation and with no phase shift and no effect or color fidelity and intel- ligence. (3) Provide a minimum level of 1,000 microvolts at the input terminals of each TV receiver on the line. (4) Provide that the system and all equipment be de- signed and rated for 24 hours per day continuous operation. (5) Provide a signal-to-noise ratio of not less than forty-six decibels. (6) Provide a television signal with a hum modulation less than three per cent. (7) Use components having voltage standing wave ratio of 1.4 or less. (8) Provide an inter-modulation distortion not to ex- ceed minus forty-six decibels. (9) Provide that the plot of gain versus frequency across any six megacycle channel is to be a flat plus or minus one decibel. (10) Provide the System Design and Operational Parameters as contained in initial proposal on file with City. The Company shall provide and keep accurately calibrated test equipment on hand in the City at all times for the testing of all service and operational standards outlined in this Ordinance and shall conduct these tests as re- quested by the City under the supervision of a City repre- sentative in order to establish the level of performance of the system. The Company shall render efficient service, make repairs promptly, and interrupt service only for qood cause and (f) The Company shall be responsible for the installation and maintenance of the service wiring from the cable point of entrance to the TV set. (g) Upon termination of service to any subscriber, the Company shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. SECTION 12. COMPANY RULES. The Company shall have the authority to promulgate such rules, regulations, terms, and condi- tions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and to per- form its obligations under this Franchise Ordinance and to assure an uninterrupted service to each and all its customers, provided, however, that such rules, regulations, terms, and conditions shall not be in conflict with the provisions hereof and shall be filed with the City and shall be subject to the approval of the City. SECTION 13. LOCAL OFFICE - RESIDENT MANAGER. The Company shall, throughout the entire duration of this Franchise Ordinance, maintain an office open to the public during all reason- able business hours within the City, and the Company shall require one of its officers and/or principal stockholders to be a Resident Manager of the system, and such person shall reside and be active in the management of the system in the City throughout the duration of this Franchise Ordinance. SECTION 14. CITY RULES, CONTROL OF RATES AND PAYMENTS. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained in existing applicable ordinances, such additional regulations as the City may find necessary in the exercise of its police power, provided, such regulations by ordinance or otherwise shall be reasonable and not in conflict with the rights herein granted. Except as otherwise herein limited, the City shall approve the rates and costs to customers of the system in the City and the City shall have the right to set the amount of payments re- quired of the Company to the City under Section 17 of this Franchise Ordinance. SECTION 15. RATES TO CUSTOMERS. The Company may make such charges for its services, as are reasonable, provided the same have the prior approval of the City Commission. During the term hereof, absent prior approval of the City, Company shall charge fees for installation and service, both residential and commercial, according to the schedule of subscriber charges attached hereto and by refer- ence made a part hereof. The Company shall not require a customer to continue to receive or to pay for the services of the Company any longer than the customer may desire. -9- SECTION 16. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. The Company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. The rates and charges shall always be subject to the approval of the City as otherwise herein stated. SECTION 17. PAYMENTS TO CITY (b) (a) FRANCHISE PAYMENTS. The Company shall pay to the City a tax or fee in the sum of $152,500.00 as a mini- mum guarantee payment for the rights herein granted and payable in the following manner: $45,000.00 upon receipt of this franchise representing the first three years of guarantee; Year 4, $10,000.00; Year 5, $10,000.00; Year 6, $12,500.00; Year 7, $15,000.00; Year 8, $17,500.00; Year 9, $20,000.00; Year 10, $22,500.00. All of such pay- ments required on an annual basis shall be paid in ad- vance on the first day of each year of the term hereof. The Company shall pay to the City a total gross revenue tax based on its annual gross operating revenue received by it from its services in the City during each year and including the "Total Central Florida Television Concept" as hereinbefore specified, according to the schedule of percentages as follows: Years 1 through 5, 7%; Years 6 and 7, 8-1/2%; Years 9 and 10, 9%. The hereinabove speci- fied guarantee shall be a part of this total gross revenue tax. The additional payments, if any, shall be due with- in 30 days following the annual anniversary date. All payments due hereunder shall be paid by the Company to the City and shall be made to the Director of Finance, City Hall, Sanford, Florida. OCCUPATIONAL LICENSES, TAXES, ETC. The Company shall pay annually in addition to the franchise fee, such ad valorem and personal property taxes, inventory taxes, occupational licenses, fees and service charges as shall be appropriate to that general classification of business as set forth by law. SECTION 18. RECORDS AND I~EPORTS. The City shall have access at all reasonable hours to all the Company's plans, contracts, engineering, accounting, financial statistical, cus- tomer and service records relating to the property and operation of the system by the Company and to such other records as may be required by the City. A semi-annual summary report showing gross revenues re- ceived by the Company from the operation of the system within the City during the preceeding six months period and such other information as the City may require in support of same, shall be given to the City by the Company. SECTION 19. MAPS AND REPORTS TO BE FILED BY THE COMPANY. (a) The Company shall file with the City Manager true and accurate maps or plats of all existing and proposed installations. (b) The Company shall file annually with the City Manager not later than sixty (60) days after the end of the Com- pany's fiscal year, a copy of its report to its stock- holders (if it prepares such a report), an income state- ment applicable to its operations during the preceding 12 months period, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giv- ing its investment in such properties on the basis of original cost, less applicable depreciation. These re- ports shall be prepared or approved by a certified public accountant and there shall be submitted along with them such other reasonable information as the City shall request with respect to the Company's properties and expenses re- lated to its CATV operations within the City. (c) The Company shall keep on file with the City Manager a current list of its shareholders and bondholders. SECTION 20. CITY RIGHTS IN FRANCHISE. (a) The right is hereby reserved to the City to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. (b) At the expiration of the term for which this franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to require the Company to remove at its own expense all por- tions of the CATV system from all public ways within the City. (c) The City shall have the right at any time during the life of the franchise granted herein to acquire by purchase or condemnation for any public purpose all or part of the pro- perty of the Company, placed under this grant within the City's streets, at a fair and just value, which shall not include any amount for the grant itself, or of any of the rights and privileges hereby granted, and this grant and franchise shall thereupon terminate as to the portion so acquired by the City. (d) The City hereby reserves the right at and after the expir- ation of this franchise, and the Company hereby grants the City the right, to purchase the property of the Company used hereunder, as provided in Section 167.22 of the Florida Statutes. SECTION 21. TRANSFER PROHIBITED. The Company shall not sell or transfer its plant or system or any portion thereof, nor any right, title or interest in the same, nor shall the Company transfer any right under this Franchise Ordinance to any other person without prior approval of the Commission which approval shall not be un- reasonably withheld. The original Franchise granted, however, shall not be assigned or otherwise transferred for a period of four (4) years from the date of execution of this agreement. SECTION 22. DURATION OF FRANCHISE ORDINANCE. This Franchise Ordinance shall remain in full force and effect for a period of ten (10) years and shall be subject to renewal by the City by negotiations upon reasonable terms with the Company for additional ten (10) year periods not to exceed a total of thirty (30) years, including the initial ten-year period. SECTION 23. PENALTIES. Should the Company, (a) In addition to all rights and powers pertaining to the City by virtue of this franchise or otherwise, the City reserves the right to terminate and cancel this franchise and all rights and privileges of the Company hereunder in the event that the Company: (1) Violates any provision of this franchise or any rule, order, or determination of the City made pursuant to this franchise, except where such vio- lation, other than of subsection (2) below, is with- out fault or through excusable neglect; (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (3) Attempts to dispose of any of the facilities or property of its CATV business to prevent the City from purchasing same, as provided for herein; (4) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the City; or (b) (5) Fails to begin construction under this franchise within thirty (30) days from receipt of necessary local and federal permits. Such termination and cancellation shall be by ordinance duly adopted after sixty (60) days notice to the Company, and shall in no way affect any of the City's rights under this franchise or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the City or its representative shall be conclusive; provided, however, that before this franchise may be terminated and cancelled under this section, the Company must be provided with an opportunity to be heard before the City Commission. SECTION 24. SEPARABILITY. In the event any section or part of this Franchise rdlnance shall be held invalid, such invalidity O ' shall not affect the remaining sections or portions of this Franchise Ordinance. SECTION 25. REPEAL CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 26. EFFECTIVE DATE. This ordinance shall take effect upon the Company's filing with the City its written acceptance of all the terms and conditions hereof. PASSED AND ADOPTED this l~th day of September A. D. , 1970. ~ /,~.~ /~ / Mayor As the City Co~missi~f' the City of Sanford, Florida. CERTIFICATE I, H. N. Tamm, Jr. City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 998, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the l#th day of September, 1970, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 16th day of September, 1970. _/ CL£Vi~LAN D AND A~rOI~N~'~S AND ~OUNe~'LOI~S A? L~W June 8, 1970 SANFOMD, FLONIDA M?~ City Commission City of Sanford Sanford, Florida 32771 Dear Sirs: On May 28, 1970, the City of Sanford requested that Seminole Cablevision, Incorporated, advise the City of any changes or additions to its original proposal for CATV service to the City. Some members of the Sanford Commission were present at the May 1970, presentation of Seminole Cablevision, at which the plans for development of a "total television for Central Florida" were described. These plans elaborated on the local origination concepts to be applied in Sanford and further developed our theories on local originations which were discussed in Seminole Cablevision,s original proposal. Seminole Cablevision,s rates for residential primary outlets will be revised to $4.95 per month. There are no other chan~eB in the prescriber rate data. Seminole Cablevision revises its minfunum guaranteed Payments to the City as follows: First three years (paid upon receipt of franchise) Year Four Year Five Year Six Year Seven Year Eight Year Nine Year Ten ' TOTAL $45,000.00 $10,000.00 $10, OO0. O0 $12,500.00 $15,000.00 $17,500.00 $20,000.00 ~22,500.00 $152,500.00 Seminole Cablevislon revises its percentage payments to the City as follows: . City Commission Page Two June 8, 1970 Years 1 to 5 8% Years 6 and 7 8 1/2% Years 8 to 10 9% It is important to note that Seminole Cablevision, as a subsidiary of American Television and Communications Corporation, (ATC) has already begun work on the development of a system to serve Orlando and other areas in Central Florida where franchises are held0 ATC is the largest operator of CATV systems in the State of Florida and third largest in the Nation, The firm's only. business interests are in the development and operation of coaxial communication and Seminole Cablevision is not a minor arm of a company whose major interests are in other areas. Seminole Cablevision, due to the development of /ts systems in nearby Orange County and the tie into the Sanford market to its "total television for Central Florida" cbncept will generate con- siderably higher revenue for services other tha~ CATV service than that which will be generated by any other CATV operator in the region. This includes such items as advertising revenues which are part of the rate base for payments to be made to the City. AS AN EXAMPLEt ALI, REVENUE GENERATED THROUGHOUT THE T(~TAL T. V. AREA WILL BE SHARED WITH THE CITY OF SANFORD ON A PRORATA BASIS.~' Thus, we ask the City of Sanford to think in terms of the increased payments (percentage of total revenues, including adver- tis/ng) it will receive from Seminole Cablevision as opposed to other applicants without Seminole's advertising revenue producing capabilities, resulting in revenue to the City far greater than described in the respec- tive minimum guaranteed payments. We are hopeful that the City of Sanford will look with favor upon our proposal and permit Seminole Cablevision to bring its vast experience and background to the development of a CATV system for the City, MNCJr/dws Respectfully, Mack N' Cleve~nd, Jr., ~' President RATES AND PAYMENTS TO THE CITY Seminole Cablevision's proposed system for Sanfo~d will allow the citizens and'the City of Sanford to enjoy the benefits of the most modern major metropolitan CATV system. Mobile vans will be available to the City of Sanford, citizens and educators for on the spot coverage of local events, thus assuring the ~ity of Sanford and its citizens that theirs - will be an independent operation designated solely for the use of local programming in the City of Sanford and to be aired on a separate channel set aside for said operation. American Television and Communications Corporation as parent corporation for Seminole Cablevision will be in a position, if the City of Sanford so desires, to prepare a "total concept for Seminole and Orange Counties" incorporating all of the benefits of a hometown TV station, which would include local beauty pageants} important area elementary, high school and junior college football, basketball and other sporting events~ election coverage and candidate exposure on a local basis~ civic, fraternal, city and county projects~ city council meetings~ local chamber of comaerce events~ county fairs~ citrus and flower ' reports~ home, sports, automobile shows and exhibits~ hunting and fishing reports~ and local parades and other festivities, along with the benefits of a Central F~rida TV station bringing in programming from other metropolitan areas, which would include the finest taped, filmed and live locally originated entertaining and educational programs. This can be available as a result of subsidiaries of ATC having recently been awarded or operating a CATV franchise in neighboring cities. Because of recent FCC rulings ~he high quality locally originated programming proposed by SEMINOLE CABLEVISI'ON will be a vehicle for a large amount of advertising by local busi- nessmen in Sanford and Seminole County. Advertising revenues to be achieved by SEMINO~.E CABLEVISXON will thus be many times greater than that which could be achieved by any other C&TV company in Sanford, and accordingly, the City of Sanfor~s share of this revenue will be much larger. With this as our foundation and as an inducement to award a CATV franchise to Seminole Cablevision, the following bid is submitted to the City of Sanford. 1. The Grantee shall pay to the City the sum of $45,000.00 upon receipt of the franchise to be applied against, and as an advance against, the minimum annual rentals per year. The Grantee shall pay to the City the sum of $125,000.00 (see the yearly distribution below) as a minimum rental during the ten year term hereof. Year Minimum Guarantee 1 $15,000.00 2 15,000.00 3 15,000.00 4 7,500.00 5 7,500.00 6 10,000.00 7 10,000.00 8 15,000.00 9 15,000.00 10 15,000.00 2. In addition, Grantee shall pay to the City the following schedule of percentages by which its annual gross receipts exceed the schedule of minimum guarantee payments: Year 1 2 3 4 5 6 7 8 9 10 Percentage of Gross 7½ %' 7½ % 8% $% 8½ % 9% g% SCHEDULE OF SUBSCRIBER CHARGES The following is the schedule of subscriber charges proposed by SEMINOLE CABLEvISION for the system to serve Sanford. ,Residential F~irst Outlet Installation charge Monthly service charge A~dditional OUtlets (each) Installation charge Monthly service charge $ 9.95 4.60 4.75 1.00 (1) ~.ommercial (Includes hotels, motels, bulk billing apartments and all businesses) Installation charge Monthly service charge - First Outlet Additional Outlets - (regardless of number) Miscellaneous Char~es Reconnect charge Relocate charge Moving charge (new location wired) Moving charge (new location not Wired) Time and materials only. Cost 4.60 1.00 5.e0 5.00 5.00 9.95 SEMINOLE CABLEVISION will make n_~o installation charge during first 60 days ~ervice is available in an area. Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FCC 73-77 93071 SEMINOLE CABLEVISION, INC. Casselberry, Florida SEMINOLE CABLEVISION, INC. Winter Springs, Florida For Certificates of Compliance CAC- t40 FL 191 CAC-141 FL 190 M~24ORAN/~3M OPINION AND ORDER Adopted: By the Commission: January 17, 1973; Re.leased: Jm~ L~), 1~ Commissioners Robert E.. Lee, H. Rex Lee and Reid con- curring in the result. Co=~issioner Johnson absent. 1. On April 6, 1972, Seminole Cablevision, Inc., filed applications for certificates of compliance for new cable television systems to operate at Casselberry, Florida, and North Orlando (now Winter SpringS), Florida, both of which are located within the specified zones of the Orlando-Daytona Beach, Florida market (the 55th Iargest)~and each of which will operate from the same head end. . Each system proposes to provide the following Florida television §ignals to subscribers: WDBO-TV(CBS), WMFE-TV(Educ.) and WFTV(ABC),-O~lando~ W~SH.TV.(NBC), Daytona Beach; WUFT(Educ.), Gainesville; WEDU(Educ.), WUSF-TV(Educ.), and WTOG-TV(Ind. ), Tampa; and WLTV (Spanish language) and WCIX(Ind. ), Miami. ~/ Public Notice of these applications was given April 26, 1972. And on May 15, 1972, the licensee of Station WMFE-TV, Orlando, Florida, filed a '~etition of Florida Central East Coast Educational Television, Inc."'with respect to these applicat~ons. 2. On January 19, 1972, Seminole requested waiver of fgrmer Section 74.1107(a) of the Commission's Rules to allow it to carry the distant signals of WUFT, WEDU, and WUSF-TV. on its proposed systems at Casselberry and North Orlando (Winter Springs). In the absence of objection of any sort, on February 28, 1972, the Chief, Cable Tele- vision Bureau, acting pursuant to authority delegated in Section O.289(c)(12) of the Rules, granted Seminole's request. Notwithstanding this history, Florida Central urges that we refuse to authorize Seminole to carry the distant in-state signals on its proposed systems. In support of its request, Florida Central argues (a} that importation of distant educational signals will adversely effect its aconomic viability, (b) that earlier personnel of the station did not recognize the importance of distant signals; and (c) that the systems here proposed are within WMFE-TV's'~phere.of influence:' Qith respect to (c~on May 1, 1972, the ~/ A construction permit is outstanding for WSWB-TV, Orlando, and Seminole wishes to carry it when it begins operation. managers of Educational Stations WEDU-TV, Tampa; WJCT, Jacksonville; WUFT, Gainesville; and WMFE-TV, signed a joint agreement recognizing WMFE-TV's sphere of influence and stating that "we wish to express our desire that the other noncommercial signals being imported by CATV systems in the WMFE-TV sphere of influence be removed." 3. We rule on Florida Central's objections as follows: (a)(b) The allegations of possible impact are broad and only generally supported; nonetheless, it is not unlikely that they could prevail in the absence of countervailing considerations. Compare par. 94-95, Cable Television Report and Order, FCC 72-108, 36 FCC 2d 143, 180, and Norristown Distribution Systems~ Inc., FCC 72-1095, FCC 2d . Such considerations seem present here i~ Florida Central's---earlier-failure to object to Seminole's proposals which have led both Seminole and the Co,m~ission to consider the question of distant educational signals on Seminole's systems to be settled. While .we recognize that educators may be pressed for finances or facilities to object fully to cable proposals, we do not believe that complete silence should be overlooked or*,that we should act to disturb this situation where the signals involved are clearly grandfathered, and (c) we are not persuaded of any public interest requires that we recognize a "sphere of influence" for WMFE-TV which should prevent importation of in-state educational stations. See Information Transfer~ Inc , ~CC 72-1094, FCC 2d__. 1 ..... these matters, we note sue Sponte that Seminole s franchises 2! are not fully consistent with Section 76.31 of the Rules (for example~ both contain franchise fees of at least 7%). Nonetheless, our review ok the franchises satisfies us that they are in substantial compliance with our rules sufficient to justify a grant until March 31, 1977. E.g., CATV of Rockford~ Inc., FCC 72-1005, __FCC 2dm. In view of the foregoing, the Co~mission finds that a grant of the above-captioned applications would'be consistent with the public interest. Accordingly, IT IS ORDERED, That the "Petition of Florida East Coast Educational Television, Inc." filed May 15, 1972, IS DENIED. IT IS FURTHER ORDERED, That the above-captioned applications (CAC-140, CAC-141) ARE GRANTED and appropriate certificates of compliance will be issued. FEDERAL COMMUNICATIONS COMMISSION Ben F. Waple Secretary ~/ The Casselberry franchise was granted December 20, 1971, and the Winter Springs franchise was granted November 1, 1971. . CC Form 370 lane 1977 United States of America O FEDERAL CO.~UNICATIONS COt~ISSION Cede Ne. File No. FL188 c~c-77 CABLE TELEVISION CERTIFICATE OF COMPLIANCE This certifies that Seminole Cablevision, Inc. is authorized, pursuant to Part 76, Subpart B, of the Commission's Rules and Regulations, to opt. rate a cable television system at San£ord Seminole Florida Expiratio~ date of certificate:. · Broadcast Siinals: March 31, 1977 - WSWB Channel 35 WDBOLTV Channel 6 WFTV Channel 9 WMFE.TV Channel 24 WESH-TV Channel 2 WUFT Channel 5 WUSF-TV : Channel 16 WEDU Channel 3 WUIX-TU C~annel 6 W-LTV 'Channel 23 WTOG Channel 44 Orlando, Florida Orlando, Florida Orlando, Florida 0rlando, Florida Daytona Beach, Florida Gainesvilte, Florida Tampa~ Florida Tampa, Florida Miami, Florida Miami, Florida St. Peterburg, Florida Special Conditions: The holder of this Certificate is subject to all relevant orders, rules, and regulations of the Federal Communications Commission, statutes of the United States. and treaties to which the United States is a party. This Certificate is issued on the representation that the statements contained in thc cable television system's application are true and that the undertakings therein contained will be carried out in good faith. FEDERAL COMMUNICATIONS COMMISSION Secretac/ United Stet~s of America Code No., FEDERAL COMMUNICATIONS COMMISSION File No., FL191 CAC140 CABLE TELEVISION CERTIFICATE OF COMPLIAHCE This certifies that Seminole Cablevision, Inc. is authorized, pumuant to Part 76, Subpa~ B, of the Commissioa's Rules sad Regnlatio~a, to op..rate a cable telev~sioa system at C~sselberry Seminole Flor ifd~a~ Expiratiot~ date of certificate: · Bmmtca~t Signals: WSWB WSBO-TV WFTV WMFE-TV WESH.TV WIFFT WUSF-TV WEDU I~gIX-TV WLTV WTOG March 31, 1977 Channel 35 Channel 6 Channel 9 Channel 24 Channel 2 Channel 5 Channel 16 Channel 3 Channel 6 Channel 23 Channel 44 Orlando, Florida Orlando, Florida Orlando, Florida Orlando, Florida ., Daytona Beach, Florida Dainesville, Florida Tampa, Florida Tampa, Florida r Miami, Florida Miami, Florida St. Peterburg, Florida Special Conditions: The holder of this Certificate is subject to all relevant orders, rules, and regulations of the Federal Communications Commission, statutes of the United States, and treaties to which the United States is This (ettificate is issued on the representation that the statements contained in the cable television system's application are true and that the und/trtakings therein contained will be carried out in good faith. FEDERAL CO~tr~IUNICATIONS CO~IISSION Secretary United Stc~es of America - - " ,~t~, ~,,U,'d .AT o,,~ CO, Code No. File No. C,~ok.. ,~._~;.;.~ C,.,Tt,, .... ~.OF CO,q?L!AlqCE 0 ~73 [:L] 90 CAC-1A1 This certi£ie* th:~t Seminole Cablevision, Inc. is aut}:oriz(-d, pursuant to Part 76,Sucp~ r,' B, of the Commission's I~clJes and ~egulation$, to Winter Springs . Seminole ~lorida [ Commtudt)') (g'm;nt) ) (State] Expiration date of certificate: · Broadcast Signals: March 31, 1977 ['/S %rB Channel 35 WSBO-TV Channe 1 6 WFTV' Channel 9 WMFE- TV Channel 24 WESH-TV Channel 2 WUFT L]mnne 1 5 WUSF-TV Channel 16 WEDU Channe 1 3 WCIX-TV Channel 6 WLTV Channel 23 W%OG . Ch&nnel 44 Orlando~ Florida Orlaado, Florida Orlando, Florida Orlando= Florida Daytona Beach, Florida DainesvilIe, Florida Tampa, Florida Tampa, Florida Miami, Florida Miami, Florida St. Peterburg~ Florida The h,Mc .r of this Ccrt~/icalc is subject to all r,'!evant orders, mica, -nd rc ~, w;rms 1 7 7~73 FEDr. RAL CO ,,, Ur ICAT!O,,$ C0:,2,!I$$ION