HomeMy WebLinkAbout2021-06-30-701133858-1 1
RENEWING THE CABLE FRANCHISE LAWFULLY HELD BY MCC IOWA,
LLC, ITS SUCCESSORS OR ASSIGNS, THE NON-EXCLUSIVE RIGHTS,
PRIVILEGES AND AUTHORITY TO CONSTRUCT, OPERATE, MAINTAIN,
REPAIR, REPLACE, RECONSTRUCT AND REMOVE A CABLE TELEVISION
SYSTEM ACROSS THE PUBLIC WAY IN THE CITY LIMITS OF WAUKEE
FOR A TERM OF FIFTEEN (15) YEARS.
BE IT ORDAINED by the City Council of the City of Waukee, Iowa that the
following agreement shall replace Ordinance No. 8101 and Ordinance No. 102 in their
entirety upon the effective date as established herein:
§701.1 FRANCHISE AGREEMENT. This Franchise Agreement
(“Franchise”) is between the City of Waukee, hereinafter referred to as “the Franchising
Authority” and MCC Iowa LLC, a limited liability company duly organized and validly
existing under the laws of the State of Delaware, hereinafter referred to as “the Grantee.”
The Franchising Authority hereby acknowledges that the Grantee has substantially
complied with the material terms of the current Franchise under applicable law, and that
the financial, legal, and technical ability of the Grantee is reasonably sufficient to provide
services, facilities, and equipment necessary to meet the future cable-related needs of the
community, and having afforded the public adequate notice and opportunity for comment,
desires to enter into this Franchise with the Grantee for the construction and operation of
a cable system on the terms set forth herein.
§701.12 Definition of Terms. For the purpose of this Franchise, the
following terms, phrases, words, and abbreviations shall have the meanings ascribed to
them below. When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular number, and
words in the singular number include the plural number:
A.“Basic Cable” is the lowest priced tier of Cable Service that includes the
retransmission of local broadcast television signals.
B.“Cable Act” means Title VI of the Communications Act of 1934, as
amended.
C.“Cable Services” shall mean (1) the one-way transmission to Subscribers
of (a) video programming, or (b) other programming service, and (2)
Subscriber interaction, if any, which is required for the selection or use of
such video programming or other programming service.
D.“Cable System” shall mean the Grantee’s facility, consisting of a set of
closed transmission paths and associated signal generation, reception, and
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control equipment that is designed to provide Cable Service which
includes video programming and which is provided to multiple
Subscribers within the Service Area.
E.“FCC” means Federal Communications Commission, or successor
governmental entity thereto.
F.“Franchising Authority” means the City of Waukee.
G. “Grantee” means MCC Iowa LLC, or the lawful successor, transferee, or
assignee thereof.
H. “Gross Revenue” means any revenues from the operation of the Cable
System to provide Cable Services in the Service Area received by Grantee
from Subscribers, provided, however, that Gross Revenues shall not
include franchise fees, the FCC User Fee or any tax, fee or assessment of
general applicability collected by the Grantee from Subscribers for pass-
through to a government agency.
I. “Person” means an individual, partnership, association, joint stock
company, trust, corporation, or governmental entity.
J. “Public Way” shall mean the surface of, and the space above and below,
any public street, highway, freeway, bridge, land path, alley, court,
boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other
public right-of-way, including, but not limited to, public utility easements,
dedicated utility strips, or rights-of-way dedicated for compatible uses now
or hereafter held by the Franchising Authority in the Service Area which
shall entitle the Grantee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the Cable System.
K.“Service Area” means the present boundaries of the Franchising Authority,
and shall include any additions thereto by annexation or other legal means,
subject to the exceptions in subsection 3.9.
L. “Standard Installation” is defined as 125 feet from the nearest tap to the
Subscriber’s terminal.
M. “Subscriber” means a Person who lawfully receives Cable Service of the
Cable System with the Grantee’s express permission.
§701.13 Grant of Franchise. The Franchising Authority hereby grants to
the Grantee a nonexclusive Franchise which authorizes the Grantee to construct and
operate a Cable System in, along, among, upon, across, above, over, under, or in any
manner connected with Public Ways within the Service Area, and for that purpose to
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erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under,
upon, across, or along any Public Way such facilities and equipment as may be necessary
or appurtenant to the Cable System for the transmission and distribution of Cable
Services, data services, information and other communications services or for any other
lawful purposes.
§701.14 Other Ordinances. The Grantee agrees to comply with the terms
of any lawfully adopted generally applicable local ordinance, to the extent that the
provisions of the ordinance do not have the effect of limiting the benefits or expanding
the obligations of the Grantee that are granted by this Franchise. Neither party may
unilaterally alter the material rights and obligations set forth in this Franchise. In the event
of a conflict between any ordinance and this Franchise, the Franchise shall control.
§701.15 Other Authorizations. The Franchising Authority shall not
permit any person to provide services similar to those provided by the Grantee in the
Service Area without first having secured a non-exclusive franchise from the Franchising
Authority. The Franchising Authority agrees that any grant of additional franchises or
other authorizations including OVS authorizations by the Franchising Authority to
provide services similar to those provided by the Grantee pursuant to this Agreement to
any other entity shall cover the entire Service Area and shall not be on terms and
conditions more favorable or less burdensome to the grantee of any such additional
franchise or other authorization than those which are set forth herein. In any renewal of
this Franchise, the Franchising Authority, should it seek to impose increased obligations
upon the Grantee, must take into account any additional franchise(s) or authorizations
previously granted and find that the proposed increased obligations in the renewal, are not
more burdensome and/or less favorable than those contained in any such additional
franchise(s) or authorizations.
§701.16 Term. The Franchise granted hereunder shall be for an initial term
of 15 years commencing on the effective date of the Franchise as set forth in subsection
8.6, unless otherwise lawfully terminated in accordance with the terms of this Franchise.
§701.2 Standards of Service
§701.21 Conditions of Occupancy. The Cable System installed by the
Grantee pursuant to the terms hereof shall be located so as to cause a minimum of
interference with the proper use of Public Ways and with the rights and reasonable
convenience of property owners who own property that adjoins any of such Public Ways.
§701.22 Restoration of Public Ways. If during the course of the Grantee’s
construction, operation, or maintenance of the Cable System there occurs a disturbance of
any Public Way by the Grantee, Grantee shall replace and restore such Public Way to a
condition reasonably comparable to the condition of the Public Way existing immediately
prior to such disturbance.
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§701.23 Relocation for the Franchising Authority. Upon its receipt of
reasonable advance written notice, to be not less than ten (10) business days, the Grantee
shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the
Public Way, any property of the Grantee when lawfully required by the Franchising
Authority by reason of traffic conditions, public safety, street abandonment, freeway and
street construction, change or establishment of street grade, installation of sewers, drains,
gas or water pipes, or any other type of public structures or improvements which are not
used to compete with the Grantee’s services. The Grantee shall in all cases have the right
of abandonment of its property.
§701.24 Relocation for a Third Party. The Grantee shall, on the request
of any Person holding a lawful permit issued by the Franchising Authority, protect,
support, raise, lower, temporarily disconnect, relocate in or remove from the Public Way
as necessary any property of the Grantee, provided: (A) the expense of such is paid by
said Person benefiting from the relocation, including, if required by the Grantee, making
such payment in advance; and (B) the Grantee is given reasonable advance written notice
to prepare for such changes. For purposes of this subsection, “reasonable advance written
notice” shall be no less than thirty (30) business days in the event of a temporary
relocation, and no less than one hundred twenty (120) days for a permanent relocation.
§701.25 Trimming of Trees and Shrubbery. The Grantee shall have the
authority to trim trees or other natural growth in order to access and maintain the Cable
System.
§701.26 Safety Requirements. Construction, operation, and maintenance
of the Cable System shall be performed in an orderly and workmanlike manner. All such
work shall be performed in substantial accordance with generally applicable federal, state,
and local regulations and the National Electric Safety Code.
§701.27 Underground Construction. In those areas of the Service Area
where all of the transmission or distribution facilities of the respective public utilities
providing telephone communications and electric services are underground, the Grantee
likewise shall construct, operate, and maintain its Cable System underground. Nothing
contained in this subsection shall require the Grantee to construct, operate, and maintain
underground any ground-mounted appurtenances.
§701.28 Access to Open Trenches. The Franchising Authority agrees to
include the Grantee in the platting process for any new subdivision. At a minimum, the
Franchising Authority agrees to require as a condition of issuing a permit for open
trenching to any utility or developer that (A) the utility or developer give the Grantee at
least ten (10) days advance written notice of the availability of the open trench, and (B)
that the utility or developer provide the Grantee with reasonable access to the open
trench. Notwithstanding the foregoing, the Grantee shall not be required to utilize any
open trench.
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§701.29 Required Extensions of the Cable System. Grantee agrees to
provide Cable Service to all residences in the Service Area subject to the density
requirements specified in this subsection. Whenever the Grantee receives a request for
Cable Service from a potential Subscriber in an unserved area contiguous to Grantee’s to
existing distribution facilities where there are at least 10 residences within 1320 cable-
bearing strand feet (one-quarter cable mile) from the portion of the Grantee’s trunk or
distribution cable which is to be extended, it shall extend its Cable System to such
Subscribers at no cost to said Subscribers for the Cable System extension, other than the
published Standard/non-Standard Installation fees charged to all Subscribers.
Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to
extend the Cable System into any portion of the Service Area where another operator is
providing Cable Service, into any annexed area which is not contiguous to the present
Service Area of the Grantee, or into any area which is financially or technically infeasible
due to extraordinary circumstances, such as a runway or freeway crossing.
§701.210 Subscriber Charges for Extensions of the Cable System. No
Subscriber shall be refused service arbitrarily. However, if an area does not meet the
density requirements of subsection 3.9 above, the Grantee shall only be required to extend
the Cable System to Subscriber(s) in that area if the Subscriber(s) are willing to share the
capital costs of extending the Cable System. Specifically, the Grantee shall contribute a
capital amount equal to the construction cost per mile, multiplied by a fraction whose
numerator equals the actual number of residences per 1320 cable-bearing strand feet from
the Grantee’s trunk or distribution cable, and whose denominator equals 10. Subscribers
who request service hereunder shall bear the remaining cost to extend the Cable System
on a pro rata basis. The Grantee may require that payment of the capital contribution in
aid of construction borne by such potential Subscribers be paid in advance. Subscribers
shall also be responsible for any Standard/non-Standard Installation charges to extend the
Cable System from the tap to the residence.
§701.211 Cable Service to Public Buildings. The Grantee, upon request,
shall provide without charge, a Standard Installation and one outlet of Basic Cable to
those administrative buildings owned and occupied by the Franchising Authority, fire
station(s), police station(s), and K-12 public school(s) that are passed by its Cable
System. The Cable Service provided shall not be distributed beyond the originally
installed outlet without authorization from the Grantee. The Cable Service provided shall
not be used for commercial purposes, and such outlets shall not be located in areas open
to the public. The Franchising Authority shall take reasonable precautions to prevent any
inappropriate use of the Grantee’s Cable System or any loss or damage to Grantee’s
Cable System. The Franchising Authority shall hold the Grantee harmless from any and
all liability or claims arising out of the provision and use of Cable Service required by
this subsection. The Grantee shall not be required to provide an outlet to such buildings
where a non-Standard Installation is required, unless the Franchising Authority or
building owner/occupant agrees to pay the incremental cost of any necessary Cable
System extension and/or non-Standard Installation. If additional outlets of Basic Cable
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are provided to such buildings, the building owner/occupant shall pay the usual
installation and service fees associated therewith.
§701.212 Emergency Use. If the Grantee provides an Emergency Alert
System (“EAS”)such EAS shall be operated in accordance with FCC regulations. The
Franchising Authority shall permit only appropriately trained and authorized Persons to
operate the EAS equipment and shall take reasonable precautions to prevent any use of
the Grantee’s Cable System in any manner that results in inappropriate use thereof, or any
loss or damage to the Cable System. Except to the extent expressly prohibited by law, the
Franchising Authority shall hold the Grantee, its employees, officers and assigns harmless
from any claims arising out of use of the EAS, including, but not limited to, reasonable
attorneys’ fees and costs.
§701.213 Reimbursement of Costs. If funds are available to any Person
using the Public Way for the purpose of defraying the cost of any of the foregoing, the
Franchising Authority shall reimburse the Grantee in the same manner in which other
Persons affected by the requirement are reimbursed. If the funds are controlled by
another governmental entity, the Franchising Authority shall make application for such
funds on behalf of the Grantee.
§701.214 Public, Education and Government Access. Grantee shall
provide the Franchising Authority with one (1) Access channel on the Cable System
designated for Public, Education or Government access purposes. The Grantee shall
make the Cable System capable of originating programming from Waukee City Hall
located at 230 Highway 6, Waukee, IA 50263 no later than one hundred twenty days
following the commencement of the Agreement.
The access channel is made available to the Franchising Authority by the Grantee for the
purpose of cablecasting non-commercial programming by City residents, City
administration and educational institutions. The City agrees not to use the access
channels to provide commercial or revenue-generating services or services that may
compete, directly or indirectly, with services provided by the Company, provided,
however, that the City may cablecast acknowledgments of funding sources and the
underwriting of programming costs.
The Grantee will provide the Franchising Authority with equipment selected by the
Franchising Authority from AVI Systems in the amount of $59,350.00 as necessary to
originate cablecast programming from the Waukee City Hall. The Franchising Authority
shall retain ownership and shall be responsible for maintenance of all equipment
purchased by Grantee pursuant to this section. The equipment purchase amount shall be
considered a prepayment of franchise fees as referenced in Section 4.1 of this Agreement.
The Grantee shall collect and retain franchise fees from Subscribers until the $59,350.00
payment has been recouped. The Grantee shall provide the Franchising Authority with a
statement of franchise fees collected to recoup the amount of prepayment annually as
required in Section 4.1(A). The Grantee shall pay all franchise fees to the Franchise
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Authority following reimbursement for the PEG access equipment for the remaining term
of the agreement.
§701.3 Regulation by the Franchising Authority
§701.31 Franchise Fee.
A. The Grantee shall pay to the Franchising Authority a
franchise fee of five percent (5%) of annual Gross Revenues (as defined in subsection 1.1
of this Franchise). In accordance with the Cable Act, the twelve (12) month period
applicable under the Franchise for the computation of the franchise fee shall be a calendar
year. The franchise fee payment shall be due annually and payable within 90 days after
the close of the preceding calendar year. Each payment shall be accompanied by a brief
report prepared by a representative of the Grantee showing the basis for the computation.
B. Limitation on Franchise Fee Actions. The period of
limitation for recovery by the Franchising Authority of any franchise fee payable
hereunder shall be three (3) years from the date on which payment by the Grantee is due
to the Franchising Authority.
§701.32 Rates and Charges. The Franchising Authority may regulate rates
for the provision of Basic Cable and equipment as expressly permitted by federal or state
law.
§701.33 Renewal of Franchise.
A. The Franchising Authority and the Grantee agree that any
proceedings undertaken by the Franchising Authority that relate to the renewal of the
Grantee’s Franchise shall be governed by and comply with the renewal provisions of
federal law.
B. In addition to the procedures set forth in the Cable Act, the
Franchising Authority agrees to notify the Grantee of all of its assessments regarding the
identity of future cable-related community needs and interests, as well as the past
performance of the Grantee under the then current Franchise term. The Franchising
Authority further agrees that such assessments shall be provided to the Grantee promptly
so that the Grantee has adequate time to submit a proposal pursuant to the Cable Act and
complete renewal of the Franchise prior to expiration of its term.
C. Notwithstanding anything to the contrary set forth in this
subsection 4.3, the Grantee and the Franchising Authority agree that at any time during
the term of the then current Franchise, while affording the public appropriate notice and
opportunity to comment in accordance with the provisions of federal law the Franchising
Authority and the Grantee may agree to undertake and finalize informal negotiations
regarding renewal of the then current Franchise and the Franchising Authority may grant
a renewal thereof.
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D. The Grantee and the Franchising Authority consider the
terms set forth in this subsection 4.3 to be consistent with the express renewal provisions
of the Cable Act.
§701.34 Conditions of Sale. If a renewal or extension of the Grantee’s
Franchise is denied or the Franchise is lawfully terminated, and the Franchising Authority
either lawfully acquires ownership of the Cable System or by its actions lawfully effects a
transfer of ownership of the Cable System to another party, any such acquisition or
transfer shall be at the price determined pursuant to the provisions set forth in Section 627
of the Cable Act.
The Grantee and the Franchising Authority agree that in the case of a final
determination of a lawful revocation of the Franchise, the Grantee shall be given at least
twelve (12) months to effectuate a transfer of its Cable System to a qualified third party.
Furthermore, the Grantee shall be authorized to continue to operate pursuant to the terms
of its prior Franchise during this period. If, at the end of that time, the Grantee is
unsuccessful in procuring a qualified transferee or assignee of its Cable System which is
reasonably acceptable to the Franchising Authority, the Grantee and the Franchising
Authority may avail themselves of any rights they may have pursuant to federal or state
law. It is further agreed that the Grantee’s continued operation of the Cable System
during the twelve (12) month period shall not be deemed to be a waiver, nor an
extinguishment of, any rights of either the Franchising Authority or the Grantee.
§701.35 Transfer of Franchise. The Grantee’s right, title, or interest in the
Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to
an entity controlling, controlled by, or under common control with the Grantee, without
prior written notice to the Franchising Authority. No such notice shall be required,
however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of
any rights, title, or interest of the Grantee in the Franchise or Cable System in order to
secure indebtedness.
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§701.4 Books and Records. The Grantee agrees that the Franchising
Authority, upon thirty (30) days written notice to the Grantee and no more than once
annually may review such of its books and records at the Grantee’s business office,
during normal business hours and on a nondisruptive basis, as is reasonably necessary to
ensure compliance with the terms of this Franchise. Such notice shall specifically
reference the subsection of the Franchise which is under review, so that the Grantee may
organize the necessary books and records for easy access by the Franchising Authority.
Alternatively, if the books and records are not easily accessible at the local office of the
Grantee, the Grantee may, at its sole option, choose to pay the reasonable travel costs of
the Franchising Authority’s representative to view the books and records at the
appropriate location. The Grantee shall not be required to maintain any books and
records for Franchise compliance purposes longer than three (3) years. Notwithstanding
anything to the contrary set forth herein, the Grantee shall not be required to disclose
information which it reasonably deems to be proprietary or confidential in nature, nor
disclose books and records of any affiliate which is not providing Cable Service in the
Service Area. The Franchising Authority agrees to treat any information disclosed by the
Grantee as confidential and only to disclose it to employees, representatives, and agents
thereof that have a need to know, or in order to enforce the provisions hereof. The
Grantee shall not be required to provide Subscriber information in violation of Section
631 of the Cable Act.
§701.5 Insurance and Indemnification.
§701.51 Insurance Requirements. The Grantee shall maintain in full
force and effect, at its own cost and expense, during the term of the Franchise,
Commercial General Liability Insurance in the amount of $1,000,000 combined single
limit for bodily injury and property damage. The Franchising Authority shall be
designated as an additional insured. Such insurance shall be noncancellable except upon
thirty (30) days prior written notice to the Franchising Authority. Upon written request,
the Grantee shall provide a Certificate of Insurance showing evidence of the coverage
required by this subsection.
§701.52 Indemnification. The Grantee agrees to indemnify, save and hold
harmless, and defend the Franchising Authority, its officers, boards and employees, from
and against any liability for damages and for any liability or claims resulting from
property damage or bodily injury (including accidental death), which arise out of the
Grantee’s construction, operation, or maintenance of its Cable System in the Service Area
provided that the Franchising Authority shall give the Grantee written notice of its
obligation to indemnify the Franchising Authority within ten (10) days of receipt of a
claim or action pursuant to this subsection. Notwithstanding the foregoing, the Grantee
shall not indemnify the Franchising Authority for any damages, liability or claims
resulting from the willful misconduct or negligence of the Franchising Authority.
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§701.6 Enforcement and Termination of Franchise.
§701.61 Notice of Violation. In the event that the Franchising Authority
believes that the Grantee has not complied with the terms of the Franchise, the
Franchising Authority shall informally discuss the matter with Grantee. If these
discussions do not lead to resolution of the problem, the Franchising Authority shall
notify the Grantee in writing of the exact nature of the alleged noncompliance.
§701.62 The Grantee’s Right to Cure or Respond. The Grantee shall
have thirty (30) days from receipt of the notice described in subsection 7.1: (A) to
respond to the Franchising Authority, contesting the assertion of noncompliance, or (B) to
cure such default, or (C) in the event that, by the nature of default, such default cannot be
cured within the thirty (30) day period, initiate reasonable steps to remedy such default
and notify the Franchising Authority of the steps being taken and the projected date that
they will be completed.
§701.63 Public Hearing. In the event that the Grantee fails to respond to
the notice described in subsection 7.1 pursuant to the procedures set forth in subsection
7.2, or in the event that the alleged default is not remedied within thirty (30) days or the
date projected pursuant to 7.2(C) above, if it intends to continue its investigation into the
default, then the Franchising Authority shall schedule a public hearing. The Franchising
Authority shall provide the Grantee at least ten (10) days prior written notice of such
hearing, which specifies the time, place and purpose of such hearing, and provide the
Grantee the opportunity to be heard.
§701.64 Enforcement. Subject to applicable federal and state law, in the
event the Franchising Authority, after the hearing set forth in subsection 7.3, determines
that the Grantee is in default of any provision of the Franchise, the Franchising Authority
may:
A. Seek specific performance of any provision, which reasonably lends itself
to such remedy, as an alternative to damages; or
B. Commence an action at law for monetary damages or seek other equitable
relief; or
C. In the case of a substantial default of a material provision of the Franchise,
seek to revoke the Franchise in accordance with subsection 7.5.
§701.65 Revocation. Should the Franchising Authority seek to revoke the
Franchise after following the procedures set forth in subsections 7.1-7.4 above, the
Franchising Authority shall give written notice to the Grantee of its intent. The notice
shall set forth the exact nature of the noncompliance. The Grantee shall have ninety (90)
days from such notice to object in writing and to state its reasons for such objection. In
the event the Franchising Authority has not received a satisfactory response from the
Grantee, it may then seek termination of the Franchise at a public hearing. The
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Franchising Authority shall cause to be served upon the Grantee, at least thirty (30) days
prior to such public hearing, a written notice specifying the time and place of such
hearing and stating its intent to revoke the Franchise.
At the designated hearing, Grantee shall be provided a fair opportunity for full
participation, including the right to be represented by legal counsel, to introduce relevant
evidence, to require the production of evidence, to compel the relevant testimony of the
officials, agents, employees or consultants of the Franchising Authority, to compel the
testimony of other persons as permitted by law, and to question witnesses. A complete
verbatim record and transcript shall be made of such hearing.
Following the hearing, the Franchising Authority shall determine whether or not
the Franchise shall be revoked. If the Franchising Authority determines that the
Franchise shall be revoked, the Franchising Authority shall promptly provide Grantee
with its decision in writing. The Grantee may appeal such determination of the
Franchising Authority to an appropriate court which shall have the power to review the
decision of the Franchising Authority de novo. Grantee shall be entitled to such relief as
the court finds appropriate. Such appeal must be taken within sixty (60) days of
Grantee’s receipt of the determination of the Franchising Authority.
The Franchising Authority may, at its sole discretion, take any lawful action
which it deems appropriate to enforce the Franchising Authority’s rights under the
Franchise in lieu of revocation of the Franchise.
§701.66 Force Majeure. The Grantee shall not be held in default under, or
in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or
penalty relating to noncompliance or default, where such noncompliance or alleged
defaults occurred or were caused by circumstances reasonably beyond the ability of the
Grantee to anticipate and control. This provision includes work delays caused by waiting
for utility providers to service or monitor their utility poles to which the Grantee’s Cable
System is attached, as well as unavailability of materials and/or qualified labor to perform
the work necessary.
Furthermore, the parties hereby agree that it is not the Franchising Authority’s
intention to subject the Grantee to penalties, fines, forfeitures or revocation of the
Franchise for violations of the Franchise where the violation was a good faith error that
resulted in no or minimal negative impact on the Subscribers within the Service Area, or
where strict performance would result in practical difficulties and hardship to the Grantee
which outweigh the benefit to be derived by the Franchising Authority and/or
Subscribers.
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§701.7 Miscellaneous Provisions.
§701.71 Actions of Parties. In any action by the Franchising Authority or
the Grantee that is mandated or permitted under the terms hereof, such party shall act in a
reasonable, expeditious, and timely manner. Furthermore, in any instance where approval
or consent is required under the terms hereof, such approval or consent shall not be
unreasonably withheld.
§701.72 Entire Agreement. This Franchise constitutes the entire
agreement between the Grantee and the Franchising Authority and supersedes all other
prior understandings and agreements oral or written. Any amendments to this Franchise
shall be mutually agreed to in writing by the parties.
§701.73 Notice. Unless expressly otherwise agreed between the parties,
every notice or response required by this Franchise to be served upon the Franchising
Authority or the Grantee shall be in writing, and shall be deemed to have been duly given
to the required party when placed in a properly sealed and correctly addressed envelope:
a) upon receipt when hand delivered with receipt/acknowledgment, b) upon receipt
when sent certified, registered mail, c) within five (5) business days after having been
posted in the regular mail or d) or the next business day if sent by express mail or
overnight air courier.
The notices or responses to the Franchising Authority shall be addressed as follows:
City Administrator
City of Waukee
230 Highway 6
Waukee, IA 50263
The notices or responses to the Grantee shall be addressed as follows:
Mediacom
Attn: Director of Government Relations
6300 Council Street NE
Cedar Rapids, IA 52402
with a copy to:
Regional Vice President
Mediacom
2205 Ingersoll Avenue
Des Moines, IA 50312-5289
The Franchising Authority and the Grantee may designate such other address or addresses
from time to time by giving notice to the other in the manner provided for in this
subsection.
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§701.74 Descriptive Headings. The captions to Sections and subsections
contained herein are intended solely to facilitate the reading thereof. Such captions shall
not affect the meaning or interpretation of the text herein.
§701.75 Severability. If any Section, subsection, sentence, paragraph,
term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any
court of competent jurisdiction or by any state or federal regulatory authority having
jurisdiction thereof, such determination shall have no effect on the validity of any other
Section, subsection, sentence, paragraph, term or provision hereof, all of which will
remain in full force and effect for the term of the Franchise.
§701.76 Effective Date. The effective date of this Franchise is June 15,
2002, pursuant to the provisions of applicable law. This Franchise shall expire on June
15, 2017, unless extended by the mutual agreement of the parties.
Considered and approved this 20th day of May 2002, Ordinance 2372