Ordinance No. 40-80-11 v •
4110
ORDINANCE NO. 40-80-11
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE
TO COX CABLE OF JACKSONVILLE BEACHES, INC. , TO
OPERATE A CABLE TELEVISION SYSTEM IN THE CITY
OF Atlantic BEACH;
AND SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANTING OF THE FRANCHISE. •
11/ SECTION 1: SHORT TITLE
This ordinance shall be known and may be cited as the
"Cox Cable of Jacksonville Beaches,Inc. Cable Television Franchise
Ordinance" .
SECTION 2: INTENT
WHEREAS, the City of Atlantic Beach pursuant
40-79-9 as
to Ordinance No. amended by is authorized to grant one or more non-
4U-80-l0
exclusive revocable franchises to operate, construct, maintain
and reconstruct a cable television system witr.in the City, and;
WHEREAS , the City has solicited applications for a cable
television franchise on a competitive basis , and after due evaluation
of the applications recieved, and after public hearings , the City
has determined that it is in the best interest of the City and its
residents to grant a franchise to Cox Cable of Jacksonville Beacnies,. Inc.
NOW, THEREFORE , the City (hereinafter also known as the
410 Grantor) hereby grants to Cox Cable of Jacksonville Beaches , Inc .
(hereinafter the Grantee) a cable television franchise in accordance
40-79-9 as amended
with the provisions of Ordinance No. by 40-80-10 and this ordinance.
SECTION 3: GRANT OF FRANCHISE
A. Cox Cable of Jacksonville Beaches , Inc. , (Grantee) is
hereby granted a non-exclusive revocable franchise to construct,
operate, maintain and reconstruct a cable television system within
the present and future limits of the City (Grantor) . The franchise
is granted subject to the requirements contained in Ordinance No.
40-79-9 as amended
by 40-80-10 and the provisions set forth herein.
B. Grantee acknowledges and accepts the right of Grantor
to issue a franchise and Grantee agrees it shall not now or at any
time hereafter challenge this right in any way or in any City,
State or Federal Court.
C. Grantee acknowledges and accepts the right of Grantor
to delegate regulatory powers to the Jacksonville Beaches CATV Board,
which was created by the Cities of Atlantic Beach, Jacksonville Beach
and Neptune Beach in an Interlocal Agreement dated March 12, 1979 ,
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and Grantee agrees it shall . not now or at any time hereafter challenge
this right in any way or in any City, State or Federal court.
D. The effective date of the franchise shall be the
date that Grantee shall file with the City Clerk a written, signed
and notarized acceptance of all terms and conditions of the fran-
chise. The franchise shall be null and void unless this acceptance
shall be filed within thirty (30) days after final passage of this
ordinance.
E. The term of the franchise shall be fifteen (15)
years from the effective date, at which time it shall expire and be
of no force and effect, provided that Grantor may renew the fran-
chise in accordance w;.th the provisions of Ordinance No. 40-79-9 as.
amended by 40-80-10.
SECTICN 4 : DEFINITIONS
All words , terms , phrases and their derivations shall
40-79-9 as amended
hE.ve the meanings set forth in Ordinance No. by 40-80-10 •
SECTICN 5 : GENERAL REQUIREMENTS
A. Grantee shall comply with the requirements of this
40-T9-9 as amended
ordinance and Ordinance No.by 40-80-10 , and all offerings con-
tained in Grantee' s franchise application. In the event of any
conflict the provisions of this ordinance shall first govern,
40-79-9 as amended
followed by the provisions of Ordinance No. by 40-80-10 •
B. Advance on Franchise Fees. In recognition of Grantor ' s
regulatory costs during system construction, Grantee shall initiate
franchise fee payments to Grantor upon the effective date of the
franchise at the minimum rate of two thousand dollars ($2, 000) per
year. These payments are to be considered advances of payments
due in later years and shall be credited in future years to those
franchise fees that exceed two thousand dollars ($2 , 000) per year.
Such advance fees shall not be recoverable from the Grantor in the
event that the aggregate of future franchise fees do not exceed
the total amounts of the advances .
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C. Security Fund. '
(1) Within thirty (30) days after the effective date
of the franchise, the Grantee shall deposit into a bank acocunt,
established by the City and maintain on deposit through the term
of this franchise, the sum of five thousand dollars ($5 , 000) , as
security for the faithful performance by it of all the provisions
of this franchise, and compliance with all orders , permits and
directions of any agency of the Grantor having jurisdiction over
its acts or defaults under this contract, and the payment by the
Grantee of any claims , liens and taxes due the Grantor which arise
by reason of the construction, operation or maintenance of the system.
(2) Witii.n thirty (30) days after notice to it that
any amount has been withdrawn by the City from the security fund
pursuant to subdivision (3) of this section, the Grantee shall
deposit a sum of money sufficient to restore such security fund
to the original amount.
(3) If the Grantee fails , after ten (10) days notice
to pay to the City any taxes due and unpaid; or, fails to repay
to the City, within such ten (10) days , any damages , costs or
expenses which the City shall be compelled to pay by reason of any
act or default of the company in connection with this franchise;
or fails, after thirty (30) days notice of such failure by the City
to comply with any provision of the franchise which the City reason-
ably determines can be remedied by an expenditure of the security ,
the City may immediately withdraw the amount thereof, with interest
and any penalties , from the security fund. Upon such withdrawal ,
the Grantor shall notify the Grantee of the amount and date thereof.
(4) The security fund deposited pursuant to this section
shall become the property of the Grantor in the event that the
franchise is cancelled by reason of the default of the Grantee or
revoked for cause . The Grantee, however, shall be entitled to
the return of such security fund, or portion thereof, as remains on
deposit at the expiration of the term of the franchise, or upon
termination of the franchise at an earlier date, provided that
there is then no outstanding default on the part of the Grantee.
During the term of the franchise the fund shall be maintained in an
interest bearing account with interest payable to the Grantee.
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(5) The rights reserved to the Grantor with respect
to the security fund are in addition to all other rights of the
Grantor whether reserved by this contract or authorized by law,
and no action, proceeding or exercise of a right with respect
to such security fund shall affect any other right the Grantor
may have.
D. Recovery of Franchise Costs . Grantee, within sixty
(60) days after the effective franchise date, shall reimburse
Grantor for casts incurred during the franchise process to the
extent not recovered by application fees . Grantor shall provide
Grantee with an itemization of costs .
SECTION 6 . CONSTRUCTION REQUIREMENTS
A. Underground Construction. Grantee shall install all
cable plant of the cable television system underground. Grantee
shall notify the City sufficiently in advance of installation to
permit City review and approval of all cable routing and equipment
location.
B. Construction Schedule. Grantee shall complete system
construction and offer service to residents of the City within
eighteen (18) months after the effective date of the franchise.
C. Penalties for Delay in Construction. Grantor may,
at its sole option, apply any or all of the following in connection
with delays in system construction;
(1) Reduction in the term of the franchise by one
year for each three month delay exceeding the schedule of B. above.
(2) Forfeiture of seven hundred fifty dollars ($750)
per day for construction delays exceeding the schedule of B. above.
(3) Revocation of the franchise for delays exceeding
the schedule of B. above by one year .
The Board may extend these construction requirements if,
in its sole discretion, the Board determines that the grantee has ,
after acting in good faith, experienced delays caused by inclement
weather conditions. Weather shall be the only circumstance under
which the Board may grant an extension.
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D. Richt of Inspection of Construction. Grantor shall
have the right to inspect all construction or installation work
performed subject to the provisions of the franchise and to make
such tests as it shall find necessary to ensure compliance with
the terms of the franchise and other pertinent provisions of law.
E. Initial Service Area. Grantee shall provide service
at standard installation charges to all City residents in areas
with a density of thirty (30) or more dwellirr units per street-mile.
F. Line Extension Policy. Grantee shall extend service
at standard installation charges to low density areas within six (6)
months after reaching a density of thirty (30) or more dwelling
units per street-mile, Residents of lower density areas may request
service and shall be provided service at installation charges
based upon a pro-rata share of incremental construction costs.
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SECTION 7. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS
A. System Configuration. The cable television system shall
consist of at least two interconnected networks, a residential , or "A" Cable,
network and an institutional , or "B" Cable, network. Both networks shall
provide activated bidirectional communications capability in their initial
configurations.
B. Channel Capacity. The cable television system shall be
installed to deliver signals at frequencies up to four hundred (400) Megahertz
(MHz) , with specific channel capacities as indicated below.
Cable Network Signal Direction Signal Frequency Range Channel Capacity
Residential (A) Outbound 54-400 MHz 54 plus FM band
Residential (A) Inbound 5-30 MHz 4 plus data
Institutional (B) Outbound 174-400 MHz 37 plus data
Institutional (B) Inbound 5-108 MHz 17 plus data
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C. Institutional Network. The institutional network shall
provide transmission and reception connections, capable of carrying video,
voice or data signals, to the following institutions, as a minimum.
° Governmental Facilities
Atlantic Beach -- City Hall
-- Fire/Police Station
-- County Tax Collector
Neptune Beach -- City Hall
-- Fire/Police Station
Jacksonville Beach -- Municipal Building
-- Police Station
-- Fire Station
-- Auditorium
-- Beach Hospital
-- Health Dept.
-- Life Guard Station
-- Post Office
-- Library
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Schools
Fletcher High School
Fletcher Jr. High School
Atlantic Beach Elementary
San Pablo Grade School
St. Paul ' s by the Sea
Jacksonville Beach
Seabreeze Elementary
St. Paul ' s Catholic
Beaches Chapel
D. Cablecasting Facilities . Grantee shall provide a cable-
- casting studio within the service area, capable of full-color
local origination and access cablecasting. The studio equipment
list shall be as indicated in Exhibit 1 , or equivalent. Grantee
also shall provide mobile facilities for access channel signal
origination at various locations . The mobile facilities shall
include the items listed in Exhibit 2 , or equivalent.
E. Satellite Earth Stations . Grantee shall provide a
minimum of two (2) satellite earth stations no later than the date
of system construction.completed.
F. Emergency Override. Grantee shall provde an emergency
audio override capability to permit Grantor to interrupt and cable-
cast an audio message on all channels simultaneously in the event
of disaster or public emergency.
G. Standby Power. Grantee shall provide standby power for
emergency operation of the cable television system for a period of
at least twenty-four (24) hours in the event primary commercial
power is interrupted.
H. Parental Control Lock. Grantee shall provide subscri-
bers , upon request, with a parental control locking feature that
permits inhibiting the viewing of premium channels .
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I. Status Monitoring. Grantee shall provide an automatic
status monitoring system as an integral part of the residential cable network,
to locate faults more quickly and improve cable system reliability.
J. Technical Standards. The Federal Communications Commission
(FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards) , shall
apply. However, because of the recent development of interactive and other
innovative services, modifications of FCC standards, as presented in the
specifications below, are considered as necessary to meet system service
objectives.
Applicable Technical Standards
(1 ) Forward Signals - Class I Channels
The system shall be capable of carrying 54 Class I Television Channels and
the full FM broadcast band. The combined forward trunk and distribution system
shall deliver signals to each subscriber's TV receiver that will meet or
exceed the following specifications at the mean system temperature ± 50°F. .
This shall include the effects of drop cables, interior splits, and any
terminal equipment such as descramblers and set top converters.
A. Peak to Valley response, 54-400 MHz 4 dB
B. Peak to Valley, any 6 MHz Video Channel 1 .0 dB
C. Carrier to Noise, 4 MHz, bandwidth 44 dB
D. Cross Modulation Ratio 51 dB
E. Carrier to Hum Ratio 40 dB
F. Carrier to Composite Triple Beat 55 dB
G. Carrier to Discrete Triple Beat (CW Carriers) 58 dB
H. Carrier to Second Order Beat 60 dB
I. Chrominance-Luminance Delay Distortion
(All Channels) ± 150 ns
J. Carrier to Echo Ratio (greater than 2
microseconds displacement) 40 dB
K. Differential Gain 0.5 dB
L. Differential Phase 1 degree
M. Customer Signal Levels - the signal level
delivered to the customers' TV receiver,
except as modified by peak to valley 0 dBmV Min.
specifications +10 dBmV Max.
N. Level Differential between adjacent channels 3 dB Max.
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0. FM levels shall be essentially uniform and
carried at approximately the same level as
the Channel 6 Sound Carrier.
P. Isolation Between Subscribers. 20 dB Max.
In any event, sufficient isolation shall be
provided to prevent interference between
' terminal equipment and other portions of
the system.
(2) Reverse Signals
The reverse channels of both the residential and institutional networks
shall have the capability of providing return signals from each subscriber
tap to the extreme end of any area without noticeable signal degradation or
interference.
A. The system capability shall include transmission of color
video, black and white video, and both low and high speed
data, whether analog or digital .
B. If necessary to prevent the build=up of noise and distortion
products, the area shall be divided into sections, and
sub-trunks run to a central hub within the area. Equivalent
alternatives such as addressable taps or switches may be
utilized. .
C. No more than + 54 dBmV output level shall be required out
of any customer modem to meet the system specifications.
D. Where applicable, the end of the system specifications
shall include the effects of any signal reprocessing
equipment necessary to achieve forward transmission.
E. For Class I signals, the signal delivered to the
subscribers' TV receiver, after being transmitted to
the headend, processed and retransmitted down a forward
channel shall meet the specifications of (1 ) above.
K. Performance Testing. Grantee shall perform all tests
necessary to determine compliance with the technical standards of FCC 76.601 .
Tests shall include the following:
Initial Proof of Performance
Annual Compliance Tests
Tests in Response to Subscriber Complaints
Monthly Monitor Tests
Written records of test results shall be maintained, and shall be available
for Grantor inspection upon request.
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SECTION 8: SERVICE AND PROGRAMMI"!G REQUIREMENTS
A. Initial Services and Programming. Grantee shall provide
initial services and programming as follows:
(1 ) Basic Television Service. This service shall
include:
(a) Carriage of four (4) Jacksonville television
broadcast stations, WJXT, Channel 4; WJCT, Channel 7; WTLV, Channel 12; WJKS,
Channel 17, and one Gainesville station, WUFT, Channel 5.
(b) Carriage of at least two imported television
broadcast stations, WTBg, Channel 17, Atlanta (full -time) and either of WGN,
Channel 9, Chicago or WOR, Channel 9, New York.
(c) Carriage of at least thirteen (13) programs
delivered via communications satellite, including the following: Christian
Broadcasting Network, People That Love, Nickelodeon, Madison Square Garden
Sports, Cable Satellite Public Affairs Network, Entertainment and Sports
Programming Network, Satellite Program Network, Thursday Night Baseball ,
United Press International Newstime, Calliope, Cable News Network, Total
Communications System Satellite Network, Public Service Satellite Consortium.
(d) Carriage of at least thirteen (13) automated .
programs including National News, Financial News, Sports News, Senior Citizens
Bulletin Board, Cultural Events Calendar, Program Guide, Employment •
Opportunities, Consumer Shopping Guide, Swap and Shop Services, Municipal
Bulletin Board, Community Bulletin Board , School System Bulletin Board,
Weather Service (including Radar Weather, National Oceanographic and
Atmospheric Administration Weather, and Storm Alert Service).
(e) Carriage of at least ten (10) local cablecast
channels including Local Origination, Movie Channel , Public Access, Government
Access, Educational Access, Health Services Access, Library Access, Religious
Access, Cultural Access, Leased Access.
CO Network Fill Service. This service shall
include the provision of imported signals from distant television stations
affiliated with the three broadcasting networks, American Broadcasting Company,
Columbia Broadcasting System and National Broadcasting Company, so that any
individual network program preempted by a Jacksonville television station in
favor of a local program can be provided from one of the imported station
signals.
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(2) Basic Radio Service. This service shall include
carriage of all local FM radio stations.
(3) Premium Television Service. This service shall
include at least one full -range premium channel , such as Home Box Office,
and one limited service, such as Home Box Office - Take Two.
(4) Security Alarm Monitoring Service. This service
shall include the automatic monitoring of fire, intrusion and medical alarm
signals in subscribers' residences and/or businesses.
(5) Institutional Network Service. This service shall
include the provision of appropriate terminal equipment and the carriage of
closed-circuit video, audio or data signals on a point-to-point basis over
the institutional network portion of the cable television system.
B. Composite Channels. Grantee may combine programming into
composite channels to improve efficiency of channel utilization or to attract
a larger viewing audience.
C. Changes in Programming. Grantee shall not reduce the
number of program services without prior Grantor approval . Grantee may add
new services at any time. If addition of new services is accompanied by a
request for rate increases, the request shall be considered in accordance
40-79-9 as amended
with the provisions of Ordinance No.by 40-80-10 .
D. Development of Institutional Services. Grantee, within
60 days after the effective franchise date, shall deposit one hundred
thousand dollars (S100,000) in an escrow account at a bank within the service
area. These funds shall be allocated for development of institutional
services, in accordance with a development plan mutually agreeable to Grantor
and Grantee.
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SECTION 9: RATES AND CHARGES
A. Initial Rates and Charges. Grantee shall provide service
at the initial rates and charges enumerated below.
Installation Monthly
Residential Service Charge Rate
Basic Cable TV Service - First Outlet $ 15.00 $ 7.50
Basic Cable TV Service - Add 'l Outlets (each) 7.25 3.00
Reconnection Charge 15.00 0
FM Outlet (without cable TV service) 15.00 5.00
FM outlet (with cable TV service) 0 3.00
Home Box Office 15.00 7 . 25
Take 2 15.00 4 .00
Commercial and Apartment Service
First Outlet - Single Bill Cost plus 5.00/subscriber
First Outlet - Individual Bill Cost plus - 7.50/subscriber
• Each Additional Outlet Cost plus 3.00
Reconnection Charge 15.00 0
Studio and Equipment Usage
Noncommercial Users
Studio Product Time 30 minutes allocated, no charge
for first 10 minutes of tape
recording if complete in 30
minute period, $0.25 per minute
for taping over 10 minutes within
30 minute period, $0.35 per
minute within next hour, 30.50
per minute within next hour.
Supervision and Instruction No Charge
Leased Channel Costs Negotiated
System Playback Costs No Charge
Editing Costs No Charge
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• Commercial Users
Studio Product Time $90.00 per hour
Remote Production Time Negotiated
Supervision and Instruction Hourly Rate + 20%
Leased Channel Costs • Negotiated
System Playback Costs $45.00 per hour
Editing Costs $20.00 per hour
Advertising
Public Service No Charge
Commercial - 60 seconds $9.50
Commercial - 30 seconds $5.50
B. Maintenance of Initial Rates. Grantee shaTI not increase
the initial rates for a period of twenty-four (24) months after system completion,
or forty-two (42) months after the effective franchise date, whichever is
longer. The maintenance of initial rates shall include pay-cable rates, and
Grantee shall not utilize FCC preemption of pay-cable rates to increase such
rates prior to the expiration of the period above.
C. Rate Increase Requests. Subsequent to the initial period
of B. above, rate increase requests shall be submitted by Grantee to Grantor,
and con id red by Grantor, in accordance with the provisions of Ordinance
40-79-9 as amended
No.by 40-80-10
D. Service to Public Agencies. Grantee shall provide one
cable outlet to government and educational facilities at no installation charge
and no monthly service rate. Grantee shall provide at no charge a character
generator to Grantor to permit entry of informational material on a governmental
or community access channel .
Section 10; This ordinance shall take effect immediately
upon its pass
age;
n ia n ti n '� * Sn i * * a * h n n A*
Passed by the City Commission First Reading Peril 28, 19 0;
Passed by the City CoRmission on Second Reading-April 28:, 1980,
• a1n
Passed-by the City Commission on Third & Final Rea 'May 26, 1980,
Al'1'iST:
I
(SEAL) = A.- aloe , iuc er
City Clerk
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EXHIBIT 1
LOCAL ORIGINATION/ACCESS STUDIO EQUIPMENT LIST
2 Sony color studio cameras with tripods and dollies
2 Sony VTR's with edit and remote control
2 Sony video tape players with remote control
1 Dynair production switcher with special effects
1 Gates vidicon tube camera with NTSC encoder and color bar generator
1 Laird Telemedia multiplexer-3 in, I out, with remote controls and adapters
1 Eastman Kodak TV-16mm projector with lens
1 Laird dual carousel slide projector with lens
1 Dynair audio follow video 6x1 vertical interval switcher
1 MetroData television event display system with computer, interfaces and keyboards
1 Sony Trinitron color monitor
1 Conrac monochrome monitor
6 Hitachi monochrome monitors
1 CVS time base corrector
1 Tektronix wave form monitor
1 Tektronix Sync Generator
1 Shure 8 Channel audio console
1 Spotmaster cartridge player
5 Electric-Voice Lavalier microphones
1 Systematics automatic VTR including switcher and video player
Camera cable - coax cable - Sony video, audio and pulse D.A.'s - audio speakers and connectors.
appropriate Colortran or Kleigel lighting.
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EXHIBIT 2
ACCESS :MOBILE UNIT EQUIPMENT LIST
2 Sony portable color cameras with CCU, tripods, dollies
2 Sony portable record/playback 3/4" VTR
1 Minicom 10x1 vertical interval switcher with AFV
1 Sony Trinitron color monitor
4 Hitachi monochrome monitors
1 Shure channel audio mixer
1 Sony color sync generator
4 Electro-Voice Lavalier microphones
1 Colortran portable lighting kit
Mobile Unit(s) (Local origination)
2 Sony portable color cameras with CCU, tripods, dollies
2 Sony portable record/playback 3/4" VTR
1 Minicom 10x1 vertical interval switcher with AFV
1 Sony color sync generator
I Sony Trinitron color monitor
4 Hitachi monochrome monitors
I Shure channel audio mixer
4 Electro-Voice Lavalier microphones
1 Colortran portable lighting kit
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