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783ORDINANCE NO; ~ C~ AN ORDINANCE TO AMEND ORDINANCE N0. 632, KNOWN AS THE "WEST MEMPHIS CABLE TELE- VISION FRANCHISE ORDINANCE" SO AS TO AMEND SAID ORDINANCE AND SET FORTH CON- DITIONS ACCOMPANYING THE GRANT OR FRAN- CHISE, PROVIDING FOR REGULATIONS AND ~,~,,,, USE OF THE SAID SYSTEM BY THE CITY OF WEST MEMPHIS, ARKANSAS, ESTABLISHING A CABLE TELEVISION PROGRAM ADVISORY COUN- CIL, AUTHORIZING THE MAYOR TO EXECUTE JOINT POLES AGREEMENT AND PROVIDING FOR TORNADO WARNING SYSTEM; CREATING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the City of West Memphis, Arkansas, by Ordinance No. 632 passed in May of 1970, granted a franchise to Charles S. Riggan and his assigns; and WHEREAS, the Federal Communications Commission has issued rules and regulations setting forth requirements which must be in any franchise granted; and WHEREAS, the said franchise granted under Ordinance No. 632 has been assigned to West Memphis Cablevision Corporation, an Arkansas corporation, which is a subsidiary of Athena Communica- tions Corporation; and WHEREAS, the legal, character, financial, technical and other qualifications together with the adequacy of the construc- tion program of Athena Communications Corporation has been ap- proved by the franchising authority as part of a full public proceeding affording due process; and WHEREAS, the City of West Memphis, Arkansas, desires to amend said franchise so as to provide additional benefits to the citizens of the. city of West Memphis, Arkansas, from said fran- chile holder. NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that said Ordinance No. 632 be amended as follows: SECTION 1. The provisions of Ordinance No. 632 are re- affirmed except as altered by this amendment. - 1 - SECTION 2. SERVICE STANDARDS The Company shall maintain a suitable business office in West Memphis, Arkansas, which of- fice shall be open no less than thirty days from the granting of a pole contract by the. West Memphis Utility Commission, and said office shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and re- quests for repairs or adjustments may be received at any time and further, a complaint procedure shall be established by said local office and all complaints. shall received prompt action within no longer than two (2) days from the. receipt of notice by the Company. SECTION 3. CONSTRUCTION OF SYSTEM. The Company shall install a community television system with 2-way capability, and the Company shall accomplish significant construction of the system within one year hereafter, and thereafter reasonably and energetically extend such .system so that the service will be available to all residents within the city limits of West Memphis, Arkansas, within a period not to exceed an additional two (2) years. The system shall be constructed in accordance with all applicable standards and such systems shall be sound and reasonably trouble-free. SECTION 4. LOCAL ORIGINATION. The Company shall estab- lish a suitable broadcasting studio in West Memphis, Arkansas, and equip same with necessary equipment to transmit local ori- gination programming. The Company shall originate local origi- nation programming material and same must commence as soon as practicable after commencing construction of the system, but in no event later than six (6) months from the. commencement of construction of the system. It is highly recommended to the Company that at least one (1) local origination channel be designated for minority groups and afford programs which are of special interest to minority groups in West Memphis, Arkansas. SECTION 5. SEPARATE SYSTEM. The system in West Memphis, Arkansas, shall be operated as a distinct and separate system - 2 - from any other system of the Company; however, interconnections with other systems are authorized. The office and field staff of the Company, other than the local manager, shall be composed of residents. of West Memphis, Arkansas, if it is reasonably pos- sible to do so, and the Company shall train such :employees at its own expense to obtain local qualified personnel. SECTION 6. COMPLY WITH FCC STANDARDS. Any modification in the Federal Communications Commission standards applicable to the system shall be automatically incorporated in and become a part of the franchise granted the Company within one (1) year of the final adoption of any such modification by the Federal Communications Commission. SECTION 7. TORNADO WARNING DEVICE. The Company shall offer to its subscribers at a reasonable cost and/or reason- able rental an adequate. warning system for tornadoes or other emergencies whereby subscribers may receive an audible alarm and then turn their television set to a designated channel to receive information regarding the emergency. Such emergency systems shall be operable on a twenty-four (24) hour basis and activation of same may only be authorized by the. Mayor of West Memphis, Arkansas, or his duly authorized representative. The City of West Memphis will furnish any special equipment necessary to feed the emergency alarm or furnish information on a designated channel regarding any such emergency in the event equipment is necessary other than the local origination station of the Company, and upon request by the City of West Memphis, the. Company shall install any such special equipment for the .city at the Company's actual cost for materials and labor. SECTION 8. CABLE TELEVISION PROGRAM ADVISORY COUNCIL. There is hereby established a Cable Television Program Advisory Council consisting of nine (9) members, nominated by the Mayor and approved by the City Council. Said members shall serve a term of three (3) years, provided that the first appointments - 3 - i shall be three (3) for a one-year period; three (3) for a two- year period; and three (3) for a three-year period, and there- after all appointments shall be for a three-year period. The Advisory Council shall have at least two (2) repre- sentatives from the West Memphis City Council; two (2) repre- sentatives from the educational community; two (2) representa- tives from business, professional or banking communities; and three (3) citizen representatives. The Cable Television Advisory Council shall make recom- mendations to the Company and to the City of West Memphis, Ar- kansas, on the programming for, and the coordination, of the educational, governmental, and local originated channels. The. Advisory Council, in making its recommendations for programming and in coordination of the educational, govern- mental, and local originated channels, shall promote the interest, welfare and entertainment of the community with emphasis on enhancement of civic development and shall make recommendation to insure that programming is impartial and non-discriminatory. The City of West Memphis may submit proposals for programming on government channel or channels to the Ad- visory Council for recommendations and the educational insti- tutions may submit proposals or planned programming for edu- cational channel or channels to the Advisory Council for recommendations. The Company may submit planned programming for local originated channel or channels to the Advisory Coun- cil for recommendation, but nothing shall prohibit the Advi- sory Council from submitting its own findings and recommenda- tions to said bodies whether said proposals have been submitted to them for comment or not. The Advisory Council shall have the authority to submit proposed rules and regulations for the conduct of its business to the Mayor and Council for approval, and upon approval, shall - 4 - have the right to hold hearings and make recommendations to the Company and to the educational community on programming for education and local origination; all such actions shall be advisory only. SECTION 9. PROGRAMMING. The Company shall make every reasonable effort on a continuing basis to obtain FCC approval for the importation into West Memphis, Arkansas, of non-network signals from at .least one (1) television station located in Little Rock, Arkansas. The citizens of West Memphis, Arkansas, are not able to obtain television reception from any television station within the State of Arkansas, and the public interest dictates that the Company obtain non-network material, including documentaries, sport, news and other such non-network programs originating within the State of Arkansas if it is reasonably possible to do so. SECTION 10. TERM OF FRANCHISE AND RENEWAL THEREOF. The rights herein granted shall take effect and be in force from and after the final passage hereof as required by law, and shall continue in force and effect for the term of the franchise. The. term of the franchise granted in Section 13 of Ordinance 632 be and the same is hereby reduced to a term of fifteen (15) years from the final passage hereof as required by law. The Company may petition the City of West Memphis for a renewal and renegotiation of this franchise when not more than two (2) years remain to the term of said franchise. SECTION 11. MAYOR AUTHORIZED TO EXECUTE JOINT POLES AGREE- MENT. The Mayor of the City of West Memphis be and he is autho- rized to execute. on behalf of the City of West Memphis an agree- ment whereby the said City grants a license to West Memphis Cablevision Corporation to permit such corporation to attach or install its cables, wires and appli~.nces to poles, conduit, trench and use the easements of the City for the purpose of fur- nishing broad band telecommunications system service for delivery via cable pursuant to the franchise granted by the City. Said - 5 - agreement .shall provide for the said company to pay an annual rental for attachments made to poles, payable semi-annually, at the rate of no less than Four Dollars and Thirty Cents ($4.30) per pole per year, provisions to insure that :any expenses incurred by the. City of West Memphis in connection with the license .shall be borne by West Memphis Cablevision Corporation, provisions for adequate insurance and technical requirements to protect the City and the residents of West Memphis, Arkansas, and provisions that the agreement must be approved by the City Attorney, and the chief engineer of the West Memphis Utility Commission. SECTION 12. DELEGATION OF RESPONSIBILITY OF JOINT POLE AGREEMENT TO WEST MEMPHIS UTILITY COMMISSION. In addition to the authority granted the West Memphis Utility Commission by prior ordinances, the Commission is hereby authorized to carry out :and fully implement :the agreement between the City of West Memphis and West Memphis Cablevision Corporation for joint poles, conduit and trench use, when executed, in all respects. The Commission is authorized to set the rates for the licensing of poles and all other charges or matters necessary to insure that there will be no expense to the. City of West Memphis in connec- tion with such license. The Commission is further authorized to actin its own name on behalf of the City of West Memphis in connection with the licensing of individual poles to the licensee, to use the forms and procedures set forth in said agreement or substitute other forms or procedures whenever the. Commission deems appropriate, to permit the licensee to use all easements, right-of-ways and property rights which may now or hereafter be used by the Coms~esion and in general to act on behalf of the. City of West Memphis in all things directly or indirectly set forth in such agreement. SECTION 13. EXTENSION OF FRANCHISE TO INCLUDE AREAS AN- NEXED. The Company shall within one (1) year of notification by the City, extend its broad band telecommunications network - 6 - so as to provide "full network service" to all residents of new- ly annexed areas of the City not then. served by a broad band telecommunications network. If, within such newly annexed areas of the City there exists or it is planned that there will be less than thirty dwelling units per mile, the Company may col- lect an amount equivalent to one-half (50$) of the cost of such extension on a prorated basis from each subscriber or user con- nected to such extension. SECTION 14. PUBLICATION COSTS. The Company shall assume the. costs of publication of this ordinance as such publication is required by law. A bill for publication costs shall be pre- sented to the Company by the appropriate City officials after such publication and said publication costs shall be paid within thirty (30) days of such time by the Company. SECTION 15. SEPARABILITY. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the .remaining portions hereof. SECTION 16. ORDINANCES AND RESOLUTIONS REPEALED. All parts of Ordinance No. 632 in conflict with the provisions of this or- dinance are hereby repealed. All other ordinances, resolutions or parts thereof in conflict with the provisions of this ordin- ance are hereby repealed. SECTION 17. EMERGENCY CLAUSE. It appearing to the Mayor and City Council of the City of West Memphis that tornadoes are a hazard to the public peace, health and safety of residents of the. City and that prompt installation of an adequate tornado warning system together with the installation of the system is necessary for the preservation of public peace, health, safety and welfare of the people of West Memphis, Arkansas, an emer- gency is hereby declared to exist, and this ordinance shall be in full force and effect from its passage. - 7 - ADOPTED This Z- ~' day of September, 1973. tom....- ®'~ s ~--~J MAYOR ATTEST: .~ , __ ~~ __ ,/" ~;, ity Cler G'- - 8 -