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