City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
An Ordinance to Amend and Re-Enact
Chapter 9.1 of The Code of The City of Hampton, Virginia entitled "Cable
Television" in its entirety including revising and renumbering sections
and adding new sections.
An ordinance TO amend and
re-enact chapter 9.1 of the code of the city of Hampton, Virginia, entitled
cable television, in its entirety including revising and renumbering sections
and adding new sections.
References: Cable television advisory
committee, 2-311 et seq.; tax on purchase of cable television service,
37-345 et seq.
9.1-1. Declaration of findings and purpose.
9.1-4. Preservation of police power authority.
9.1-5. Compliance with laws.
9.1-6. Defined terms.
9.1-7. Authority to grant Franchises.
9.1-8. Procedures to obtain a cable Franchise.
9.1-9. Ordinance cable Franchise.
9.1-10. Franchise renewals.
9.1-11. Acceptance and duration of Franchise.
9.1-12. Limitation upon grant.
9.1-13. Construction of system.
9.1-14. Repair of streets and public ways.
9.1-15. Removal or abandonment of Franchise property.
9.1-16. Changes required by public improvements.
9.1-17. System maintenance.
9.1-18. Local office required for addressing complaints and customer
9.1-19. Additional services; route maps; compliance with national
9.1-20. Franchise fee.
9.1-21. Inspection of property.
9.1-22. Liability and indemnification.
9.1-23. Termination of Franchise.
9.1-24. Compliance with laws, rules and regulations.
9.1-25. New developments.
9.1-26. Costs of publication.
Sec. 9.1-1. Declaration of
findings and purpose.
federal Cable Communications Policy Action of 1984, Pub. L. No. 98-549,
(codified at 47 U.S.C. 521-611 (1982 & Supp. V. 1987)) as amended by the
Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No.
102-385, and the Telecommunications Act of 1996, Pub. L. No. 104-104 (1996) as
it may, from time to time, be amended, allows the City to grant Franchises to
construct, operate, and maintain Cable Systems within the City.
law has been amended to establish a mechanism under which providers can obtain
a cable Franchise pursuant to either a negotiated cable Franchise or an
Ordinance Cable Franchise, Va. Code Ann. 15.2-2108.9, et seq. as amended.
(c) This Code
is intended to conform to the Virginia laws concerning the granting of either a
negotiated cable Franchise or an Ordinance Cable Franchise, while preserving
the full extent of its police power authority in order to promote competition
in the provision of Cable Services and to protect the public and the public
rights-of-way, in a manner consistent with federal and State law.
Sec. 9.1-2. Title.
This chapter shall
be entitled Master Cable Ordinance.
Sec. 9.1-3. Applicability.
establishes the general Franchise requirements for all Cable Service
providers. The amended Chapter 9.1 shall be applicable to all prior existing
Cable Service Franchises to the extent not inconsistent with the specific terms
of such Franchises, and shall apply to all new Franchises for Cable Services to
be awarded by the City on and after its date of adoption. Further, this
Ordinance modifies and amends the City Code in order to establish the criteria
and procedures by which a provider of Cable Services may obtain permission to
operate in the City pursuant to either a negotiated cable Franchise or an
Ordinance Cable Franchise. The City may continue to grant a negotiated cable
Franchise in accordance with Title VI of the Communications Act of 1934, as
amended, 47 U.S.C. 521 et seq., and as provided by State law. The ability to
obtain a negotiated cable Franchise shall be available to any qualified
Applicant. The ability to obtain an Ordinance Cable Franchise shall be to:
(a) A Cable
Provider with previous consent to use the public rights-of-way to provide Cable
Services whose negotiated Franchise is up for renewal;
Certificated Provider of Telecommunications Services with previous consent to
use the public rights-of-way in the City through a Franchise.
Certificated Provider of Telecommunications Services that lacked previous
consent to provide Cable Service in the City but provided telecommunications
services over facilities leased from an entity having previous consent to use
of the public rights-of-way in the City through a Franchise.
Sec. 9.1-4. Preservation of
police power authority.
Any rights granted
pursuant to this Ordinance, and pursuant to any Franchise authorized hereunder,
are subject to the authority of the City to adopt and enforce ordinances
necessary to the health, safety, and welfare of the public. Operators shall be
subject to and comply with all applicable laws enacted by the City pursuant to
its police and regulatory powers, to the extent not in conflict with Virginia
or federal law. Nothing in this Ordinance shall be deemed to waive a right, if
any, that any party may have to seek judicial or regulatory review as to the
provisions herein or as to action of the parties under applicable federal,
state, or local law currently in effect or as may hereinafter be amended.
Sec. 9.1-5. Compliance with
activities and exercising its rights and obligations under any Franchise, the
Cable Operator shall comply with all applicable federal, state and local laws,
ordinances, regulations and policies, including, but not limited to, all laws,
ordinances, regulations and policies relating to construction and use of public
Sec. 9.1-6. Defined terms.
For purposes of this
Ordinance, the following terms, phrases, words, and their derivatives shall
have the meanings set forth below, unless the context clearly indicates that
another meaning is intended or unless otherwise more specifically defined in
another Chapter or Code of the City of Hampton. All terms used herein, unless
otherwise defined, shall have the same meaning as set for in Title VI of the
Communications Act of 1934, 47 U.S.C. 521 et seq.
Act means the
federal Communications Act of 1934, as amended.
Applicant means any
person that applies for a Cable Franchise.
Cable Operator means
any person or group of persons that (i) provides Cable Service over a Cable
System and directly or through one or more affiliates owns a significant
interest in such Cable System or (ii) otherwise controls or is responsible for,
through any arrangement, the management and operation of a Cable System. Cable
Operator does not include a provider of wireless or direct-to-home satellite
Cable Service or
Service means the one-way transmission to Subscribers of (i) video programming
or (ii) other programming services, and Subscriber interaction, if any, which
is required for the selection or use of such video programming or other
programming service. Cable Service does not include any video programming
provided by a commercial mobile service provider defined in 47 U.S.C. 332(d).
Cable System or
Cable Television System or System means any facility consisting of a set of
closed transmission paths and associated signal generation, reception, and control
equipment that is designed to provide Cable Service that includes video
programming and that is provided to multiple Subscribers within a community,
except that such definition shall not include (i) a system that serves fewer
than twenty (20) Subscribers; (ii) a facility that serves only to retransmit
the television signals of one (1) or more television broadcast stations; (iii)
a facility that serves only Subscribers without using any public right-of-way;
(iv) a facility of a common carrier that is subject, in whole or in part, to
the provisions of Title II of the Communications Act of 1934, 47 U.S.C. 201
et seq., except that such facility shall be considered a Cable System to the
extent such facility is used in the transmission of video programming directly
to Subscribers, unless the extent of such use is solely to provide interactive
on-demand services; (v) any facilities of any electric utility used solely for
operating its electric systems; (vi) any portion of a system that serves fewer
than fifty (50) Subscribers in any locality, where such portion is a part of a
larger system Franchised in an adjacent locality; or (vii) an open video system
that complies with 653 of Title VI of the Communications Act of 1934, as
amended, 47 U.S.C. 573.
of Telecommunications Services means a person holding a certificate issued by
the State Corporation Commission to provide local exchange telephone service.
City or Locality
means the City of Hampton, Virginia.
Franchise means an ordinance granting a Franchise to the Cable Operator
pursuant to applicable provisions of the Virginia Act and this Ordinance.
Street means the
surface, the air space above the surface, and the area below the surface of any
public street, communications or public utility easement, or other public
rights-of-way or public places.
Subscriber means any
person or entity receiving service provided by a Franchisee pursuant to the
authority of a Franchise.
Transfer means any
transaction in which (i) an ownership or other interest in the Cable Operator
is transferred, directly or indirectly, from one (1) person or group of persons
to another person or group of persons, so that majority control of the Cable Operator
is transferred; or (ii) the rights and obligations held by the Cable Operator
under the Cable Franchise granted under this Chapter are transferred or
assigned to another person or group of persons. However, notwithstanding
clauses (i) and (ii) of the preceding sentence, a transfer of the Cable
Franchise shall not include (a) transfer of an ownership or other interest in
the Cable Operator to the parent of the Cable Operator or to another Affiliate
of the Cable Operator; (b) transfer of an interest in the Cable Franchise
granted under this Ordinance or the rights held by the Cable Operator under the
Cable Franchise granted under this Chapter to the parent of the Cable Operator
or to another Affiliate of the Cable Operator; (c) any action that is the result
of a merger of the parent of the Cable Operator; (d) any action that is the
result of a merger of another Affiliate of the Cable Operator; or (e) a
transfer in trust, by mortgage, or by assignment of any rights, title, or
interest of the cable operator in the cable Franchise or the system used to
provide cable in order to secure indebtedness.
means programming provided by, or generally considered comparable to,
programming provided by a television broadcast station.
Virginia Act means
Va. Code Ann. 15.2-2108.9, et seq. as amended.
Sec. 9.1-7. Authority to
Council is empowered and authorized to issue, in accordance with the Virginia
Act and the City Charter, nonexclusive Franchises to install, construct,
operate and maintain Cable Systems in the Citys streets, as well as to
regulate these activities.
Council has determined that the granting of Franchises for Cable Systems in the
City will promote the public interest, enhance the health and welfare and
safety of the public and stimulate commerce by assuring that:
Systems are responsive to the needs and interests of the City and
Systems provide, and are encouraged to provide, the widest diversity
of information and service to the public; and
(3) There is
an orderly process for the granting or renewal of Franchises, and
oversight of the services provided pursuant to Franchises.
(c) No person
shall construct, operate, maintain, or continue to operate or maintain a Cable
System which occupies any part of the Citys streets without the authority of a
Franchise granted by the City pursuant to this chapter.
provision of this chapter shall be deemed or construed to require the granting
of a Franchise by the City.
Sec. 9.1-8. Procedures to
obtain a cable Franchise.
Required. No person shall construct, operate, maintain, or continue to operate
or maintain a Cable System which occupies any part of the Citys streets or
rights-of-way without the authority of either a negotiated Franchise pursuant
to applicable law or an Ordinance Cable Franchise granted pursuant to this
to Negotiate. In order to obtain either a negotiated Franchise or an Ordinance
Cable Franchise, an Applicant shall first file with the City a request to
negotiate the terms and conditions of a negotiated cable Franchise under
15.2-2108.20 of the Virginia Act.
As part of the request, an Applicant for an initial cable Franchise shall file
an application with the City in a form and containing such information as is
requested by the City and shall be in a form as determined by the City Attorney
and shall contain, where applicable:
statement as to the proposed Franchise Area;
(2) Resume of
prior history of Applicant, including the legal, technical, and financial
expertise of applicant in the cable television field;
(3) List of
the partners, general and limited, of the applicant, if a partnership,
or the percentage of stock owned or controlled by each shareholder,
if a corporation;
(4) List of
officers, directors, and managing employees of applicant, together
with a description of the background of each such person;
(5) The names
and addresses of any parent or subsidiary of applicant or any
other business entity owning or controlling applicant in whole or in part,
or owned or controlled in whole or in part by Applicant;
(6) A current
financial statement of Applicant verified by a CPA audit or otherwise
certified to be true, complete, and correct to the reasonable satisfaction
of the City (Submission of the most recent U.S. Securities and
Exchange Commission Annual Report Form 10-K prepared by Applicant)
shall be deemed as a satisfactory compliance of this requirement;
proposed construction and service schedule, shall include, but not be limited
to, the following: a description of the tiers of service, programming
to be offered, maintenance capability (number of staff, staffing
hours, etc.) policies and practices.
of Application. Applicants may be evaluated according to the following
criteria after the City deems the application is complete. A negotiated
Franchise may then be adopted at the earliest date as permitted by then
applicable City requirements.
may be given to an installation plan that would provide the
flexibility needed to adjust to new developments, maintenance practices,
and services that would be available to the subscriber and the
community immediately and in the future.
evidence of financial ability required in the Applicants proposal will
be such as to assure the ability to complete the entire system as proposed
within a timely manner. The City will also consider the Applicants
ability to operate the System and provide the necessary Services.
may be given to evidence of the Applicants experience in
operating a Cable System, where such evidence would show or tend to
show or confirm the ability of the Applicant to furnish sufficient and dependable
service to the potential public and private users.
may be given to the Applicants ability to meet the future
cable-related community needs and interests, taking into account
the cost of meeting such needs and interests.
(5) To the
extent allowed by applicable law, in making any determination hereunder
as to any application, the Council may consider the impact on
the Citys rights-of-way with the addition of the proposed Cable System.
(6) The City
may require the Applicant for an initial Franchise to reimburse the
City for its reasonable costs to review the application, including costs
for technical assistance to aid the City in understanding the nature
and effect of the application.
(7) Prior to
the issuance of a negotiated Franchise, the Council shall hold a public
hearing, following reasonable notice to the public, at which every
Applicant and its proposal shall be examined and the public and all
interested parties afforded a reasonable opportunity to be heard. Applicant(s)
shall bear any publication costs.
Sec. 9.1-9. Ordinance cable
Applicant shall request and make itself available to participate in cable
Franchise negotiations at least forty-five (45) calendar days prior to filing a
notice electing an Ordinance Cable Franchise unless the Applicant already holds
a negotiated cable Franchise from the locality or the City elects not to
(b) If after
the initial forty-five (45) days of negotiations, an Applicant elects to pursue
an Ordinance Cable Franchise, the president or chief executive officer of the
Applicant shall file notice with the City that it elects to receive an
ordinance cable Franchise at least thirty (30) days prior to offering Cable
Service within the city. The notice shall be accompanied by a map or a
boundary description showing:
initial service area in which the Cable Operator intends to provide Cable
Service in the locality within the three-year period required for an
initial service area; and
(2) The area
in the City in which the Cable Operator has its telephone facilities.
The map or boundary description of the initial service areas may
be amended by the Cable Operator by filing with the City a new map
or boundary description of the initial service area.
(c) The City
shall adopt an Ordinance Cable Franchise within one hundred twenty (120) days
of the Applicant filing the notice required in the subsection above. An
ordinance adopted under this section that relates to a Cable Operators
provision of Cable Service shall apply to such Cable Operator retroactively to
the date on which the Cable Operator began to offer Cable Service in the City
pursuant to this Ordinance.
(d) Notice of
the public hearing for any such Ordinance Cable Franchise shall be advertised
once a week for two (2) successive weeks in a newspaper having general
circulation in the City. The advertisement shall include a statement that a
copy of the full text of the ordinance is on file in the office of the clerk of
Council. All costs of such advertising shall be assessed against the
(e) Unless otherwise
prohibited by applicable law, notwithstanding the election of an Ordinance
Cable Franchise, Applicant shall be required to complete an application and
reimburse the City for its reasonable costs of reviewing the application,
system designs and grant of Franchise.
Sec. 9.1-10. Franchise
shall be according to applicable local, state and federal law, including, but
not necessarily limited to, the Cable Communications Policy Act of 1984, as
amended, the Virginia Act and this Chapter. Based on receipt of a request for
renewal and applicable local, state and federal law, the City shall have the
right to establish procedures for review, approve any such renewal request, and
require reimbursement of reasonable costs as may be permitted by law. The City
and a Franchisee, may, by mutual consent, enter into renewal negotiations at
any time during the term of an existing Franchise.
Sec. 9.1-11. Acceptance and
duration of Franchise.
Franchise granted pursuant to this chapter shall become effective in accordance
with the terms and conditions approved by the Council; provided, that a
Franchisee has filed with the clerk of Council a written instrument addressed
to the Council accepting the Franchise, within the time specified by the City
Council, and agreeing to comply with all provisions of this chapter and the
term of a Franchise shall be stated in the Franchise granted, but shall in no
event exceed fifteen (15) years.
Sec. 9.1-12. Limitation upon
privilege or exemption is granted or conferred by the issuance of a Franchise
pursuant to this chapter, except as specifically prescribed in the Franchise.
Franchise granted pursuant to this chapter is a privilege personal to the
original Franchisee. The Cable Operator shall not transfer a Franchise granted
hereunder without the prior written consent of the City, provided that such
consent shall not be unreasonably withheld, delayed, or conditioned. The
transfer shall be made to a Person, group of persons or Affiliate that is
legally, technically, and financially qualified to operate the Cable System and
satisfy the Franchise obligations.
Sec. 9.1-13. Construction of
whether negotiated or granted pursuant to this Chapter, shall contain Cable
System construction requirements and obligations related to build-out and
provisions of Cable Service pursuant to the provisions of the Virginia Act and
all other applicable federal and local laws.
Sec. 9.1-14. Repair of
streets and public ways.
(a) Any and
all streets and public ways in the City which are disturbed or damaged during
the construction, operation, maintenance or reconstruction of a Cable System
shall be repaired by the Franchisee at its expense and to a condition as good
as that prevailing before such work.
(b) Upon the
failure, refusal or neglect of the Franchisee to cause any work or other act
required by law, this chapter or the Franchise to be properly completed or
performed, after notice to the Franchisee, the Council may cause this work or
other activity to be completed or performed, in whole or in part, to the
satisfaction of the City. Upon so doing, the City shall submit to the
Franchisee an itemized statement of the cost thereof. The Franchisee shall,
within thirty (30) days after receipt of the statement, pay to the City the
entire amount thereof.
Sec. 9.1-15. Removal or
abandonment of Franchise property.
(a) In the
event that the use of any Franchise property is discontinued for any reason for
a continuous period of twelve (12) months, any Franchise property has been
installed in a street without complying with the requirements of this chapter
and a Franchise, or the Franchise has been terminated, canceled or has expired,
the Franchisee, at its expense, shall, at the demand of the City, remove
promptly from the streets all Franchise property other than any which the City
may permit to be abandoned in place. In the event of any such removal, the
Franchisee shall promptly restore, to a condition as nearly as possible to its
prior condition, the street or other public places in the City from which
Franchise property has been removed.
property to be abandoned in place shall be abandoned in the manner prescribed
by the City. Upon the permanent abandonment of any Franchise property in
place, the Franchisee shall deliver to the City executive an instrument
transferring to the City the ownership of the Franchise property abandoned. It
shall be in the Councils discretion to accept or reject such transfer of
Sec. 9.1-16. Changes required
by public improvements.
shall, at its expense, protect, support, temporarily disconnect, relocate in
the same street, alley, or public place, or remove from any street, alley or
public place any Franchise property when required by the City by reason of
traffic conditions, public safety, street vacation, freeway grade, installation
of sewers, drains and tracts, or any other type of construction or improvement,
including, but not limited to, placement of structures and improvements
underground by governmental agencies when acting in a governmental or
proprietary capacity; provided, however, that the Franchisee shall in all such
cases have the privileges and be subject to the obligations to abandon
Franchise property in place, as provided in section 9.1-15.
Sec. 9.1-17. System
(a) Put, keep
and maintain all parts of the communications system in good condition
throughout the entire period of the Franchise.
efficient service, make repairs promptly and interrupt service to subscribers
only for good cause and for the shortest time possible. Scheduled
interruptions, insofar as possible, shall be preceded by notice given to
subscribers and the City executive twenty-four (24) hours in advance, and shall
occur during periods of minimum use of the communications system.
request by the Council, make a demonstration satisfactory to the Council that
the technical quality of the services provided by the communications system
meets any and all standards set forth in the Franchise and any applicable
regulations of the FCC.
Sec. 9.1-18. Local office
required for addressing complaints and customer service.
Franchise shall require that the Franchisee maintain a local business office,
or agent, which subscribers may telephone during regular business hours,
without incurring added message or toll charges, so that complaints regarding
the service provided pursuant to a Franchise may be promptly reported to the
Franchisee. Should a subscriber have an unresolved complaint regarding such
service, the subscriber shall be entitled to file its complaint with the City
executive, who has primary responsibility for the continuing administration of
the Franchise and the procedures for resolving complains, and thereafter to meet
jointly with a representative of the City and a representative of the
Franchisee within thirty (30) days to fully discuss and resolve such matters.
The Franchisee shall notify each subscriber, at the time of initial
subscription or contract for service with the Franchisee, of the procedures for
reporting and resolving such complaints.
Franchises shall obligate the Franchisee to comply with City adopted Customer
Service standards to the extent allowed under applicable law, as they may now
exist or may be amended.
Sec. 9.1-19. Additional
services; route maps; compliance with national standards.
services. As permitted by state and federal law, each Franchise may require a
Franchisee to provide facilities and services to public schools and community
colleges within the City, and to fire and police stations and other buildings
owned and controlled by the City used for public nonresidential purposes.
educational, and governmental access channels. Consistent with applicable
federal and state law, all Franchises shall obligate the Franchisee to
non-discriminatory obligations with respect to public, educational, and
governmental access channels.
maps and layout. The Franchisee shall have, at all times, up-to-date route
maps showing the location of the communications system adjacent to the
streets. The Franchisee shall make all maps available for review by the
appropriate City personnel.
construction and equipment standards. The communications system shall be
installed and maintained in accordance with standard good engineering practices
and shall conform, when applicable, with the National Electrical Safety Code
and the FCCs rules and regulations.
Sec. 9.1-20. Franchise fee.
permitted by state and federal law, a Franchisee may be required to pay to the
City a Franchise fee, as set forth in the Franchise, in compensation for the
use of the Citys streets pursuant to the Franchise, and to reimburse the City
for its costs associated with the evaluation of an application and grant of
(b) If a
Franchise requires payment of a Franchise fee, each such Franchise shall
authorize the City to require an audit, at the Franchisees expense, of the
Franchisees financial records and accountings relating to the Franchise fee.
The Franchisee shall furnish the City, upon reasonable request, such data as
needed to conduct such audit in accordance with generally accepted accounting
City and its representatives shall have the right to inspect the Franchisees
financial records during normal business hours to determine whether the
Franchisee has properly paid all sums due to the City pursuant to the terms of
neglect, omission or refusal of the Franchisee to cooperate with the City in
reviewing its financial information for the purpose of auditing payment of the
Franchise fee, or to pay the Franchisee fee in full, at the time and in the
manner provided in the Franchise, which neglect, omission or refusal shall
continue for more than thirty (30) days following written notice thereof to the
Franchisee from the City, shall be grounds for the termination of this
Franchise, as provided for in section 9.1-23 hereof.
Sec. 9.1-21. Inspection of
At all reasonable
times, the Franchisee shall permit examination by any duly authorized
representative of the City of all Franchise property, together with any
appurtenant property of the Franchisee situated within or without the City.
Sec. 9.1-22. Liability and
Franchisee shall pay all damages and penalties which the City may legally be
required to pay as a result of granting a Franchisees Franchise.
Franchisee shall pay all expenses incurred by the City in defending itself with
regard to all damages and penalties mentioned above. The expenses shall
include all costs, such as attorneys fees.
order for the City to assert the rights to be indemnified, defended and held
harmless, the City must:
notify the grantee of any claim or legal proceeding which gives
rise to such right;
the grantee the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of such claim
or proceeding; unless, however, the City, in its sole discretion, determines
that its interests cannot be represented in good faith by the
cooperate with the reasonable requests of the grantee, at the grantees
expense, in its participation in, and control, compromise, settlement
or resolution, or other disposition of, such claim or proceeding
subject to subsection (2) above.
Franchisee shall be required to secure and maintain in force, for the duration
of the Franchise, general comprehensive liability insurance insuring against
all damages charged to the City or the Franchisee resulting from the
installation, development, maintenance or expansion of a Franchisees
communications system. The City shall be named in all such policies as a
co-insured, or added thereon by endorsement as a named insured. A certificate
of insurance for each policy, as well as a copy of each policy, shall be filed
with the City Clerk. Each certificate shall provide that if the policy it
covers shall be canceled by the insurance company, or the Franchisee during the
term of the policy, thirty (30) days written notice prior to the effective
date of cancellation shall be given to the Council.
Sec. 9.1-23. Termination of
City may terminate any Franchise granted pursuant to this chapter in the event
of the failure, refusal or neglect by the Franchisee to do or comply with any
material requirement or limitation contained in this chapter or in the
to termination of a Franchise, the City shall make written demand that the
Franchisee do or comply with the requirement, limitation, term, condition, rule
or regulation of which the Franchisee is in default. If the failure, refusal
or neglect of the Franchisee to comply continues for a period of thirty (30)
days following such written demand, a request for termination of the Franchise
may be placed upon the Council meeting agenda. The City shall give written
notice to the Franchisee, at least ten (10) days prior to the date of such
Council meeting, of its intent to terminate the Franchise, and the time and
place of the meeting.
Council shall consider its intent to terminate the Franchise and shall hear any
persons interested therein, and shall determine whether or not any failure,
refusal or neglect by the Franchisee to comply with the terms and conditions of
this chapter or the Franchise was with just cause.
such failure, refusal or neglect by a Franchisee to comply was with just cause, the Council shall direct the Franchisee to comply with the terms and conditions of
this chapter or the Franchise within such time and in such manner and upon such
terms and conditions as are determined by the Council.
the Council shall determine such failure, refusal or neglect by a Franchisee to
comply was without just cause, then the Council may pass its ordinance
declaring that the Franchise of such Franchisee shall be terminated and
forfeited, unless there is compliance by the Franchisee within such period as
the Council may establish in such ordinance.
termination and forfeiture of any Franchise shall in no way affect any of the
rights of the City under the Franchise, this chapter, or any provision of law.
sanction shall be invoked or Franchise revoked where the failure or delay was
due to acts of God or events beyond the reasonable control of the Franchise.
Sec. 9.1-24. Compliance with
laws, rules and regulations.
Any of the
provisions or terms of this chapter may be amended by the Council in order to
be made consistent with any new or amended law, rule or regulation of
governmental authorities with jurisdiction to regulate communications systems.
Where amendment to laws, rules or other regulatory standards requires
modification of any Franchise granted pursuant to this chapter, the
modifications necessary to effect compliance with such laws, rules or
regulations shall be made within one (1) year of the effective date of such
change, or at the time of renewal of the Franchise, whichever occurs first.
Sec. 9.1-25. New
It shall be the
policy of the City to liberally amend this chapter, upon application of a
Franchisee, when necessary to enable the Franchisee to take advantage of any
developments in the field of communications systems which will afford an
opportunity to more effectively, efficiently, or economically serve its
Sec. 9.1-26. Costs of
The Franchisee shall
assume any cost of publication of its Franchise, as such publication may be
required by law, and such is payable upon the Franchisees filing of acceptance
of the Franchise.
Sec. 9.1-27. Severability.
section, subsection, sentence, clause, phrase or portion of any Franchise
granted under this chapter, is for any reason held illegal, invalid or
unconstitutional by the decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
All information of a
financial or personal nature provided to the Council for the purposes of this
chapter or a Franchise shall be used only for the purposes prescribed by this
chapter or the Franchise and, further, shall not be published or provided orally
or in writing to any person, entity, or agency, except as required by law or
the regular meeting of the City Council of the City of Hampton, Virginia held
on April 11, 2007.
Signed by ____________________________ Date
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council