CABLE TELEVISION

Batesville Code of Ordinances pt. App. C

in effect

Batesville Code of Ordinances, App. C, § 1 Definitions.

SECTION 1. - Definitions. For purposes of this Ordinance the following terms, phrases, words, abbreviations and their derivations shall have the same meaning given herein: A. Cable Television System or System shall mean the Grantee's system of antennas, cables, amplifiers, towers, microwave links, waveguides, satellites, or any other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying, storing, processing or distributing audio, video, digital, or other forms of electronic, electrical, or light signals capable of being transmitted by wire, cable, fiber optics or radio to subscribing members of the public in the City who pay for such services. B. City shall mean Batesville, Mississippi, and all territory within its governmental authority. C. Board of Aldermen shall mean the present governing body of the City, or any successor to the legislative powers of the present government body. D. Grantee shall mean Cable One, Inc., a Delaware Corporation. E. Federal Communications Commission or FCC shall mean the agency as presently constituted by the U.S. Congress or any successor agency authorized by the Congress to regulate cable television systems. F. Gross Revenues shall mean all revenue derived by the Grantee, its affiliates or subsidiaries from customer subscription to its cable television services in the City, but shall not include revenue from non-cable services such as sale or exchange of assets or equipment, cable modem services, telecommunications services, any taxes on services furnished by the Grantee and imposed directly upon a subscriber or user by the state, county, or other governmental unit and collected by the Grantee on behalf of the said governmental unit, or any amounts collected directly from subscribers to satisfy the franchise fee requirements of this Ordinance. G. Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. H. Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter by the City which shall, within their proper use and meaning, entitle the City and the Grantee to the use thereof for the purposes of installing or transmitting cable television system transmission over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable television system.

Batesville Code of Ordinances, App. C, § 2 Grant of authority.

SECTION 2. - Grant of authority. The City hereby grants to Cable One, Inc., a nonexclusive right, privilege, and franchise to construct, operate, and maintain a cable television system in, upon, across, above, over and under, streets, alleys, easements, open areas, public ways, and public places now laid out or dedicated in the City and upon annexation of any territory to the City, this Franchise shall extend to the territory so annexed. The City will not grant a franchise or similar authorization to a competitor of Grantee or amend that franchise or similar authorization in a manner that is more favorable or less burdensome to Grantee's competitor.

Batesville Code of Ordinances, App. C, § 3 Duration of franchise.

SECTION 3. - Duration of franchise. (a) Term and Renewal. The franchise shall be granted and effective for an initial period of twenty-five (25) years subject to the conditions and restrictions provided in the Cable TV Ordinance. At the end of the twenty-five (25) year initial term the franchise shall automatically renew for two (2) consecutive periods of ten (10) years each (each a renewal term) unless Cable One, Inc. gives the City notice of its intention not to renew at least six (6) months prior to the expiration of the initial term and/or a renewal term. However, should the City determine that Cable One has not met the criteria set forth above, then it shall inform Cable One that the Franchise shall not be renewed and the City or Cable One may commence an administrative proceeding under the Cable Act of 1984. (b) Surrender. The Grantee may surrender this Franchise at any time upon filing with the City a written notice of its intention so to do, at least six (6) months before the surrender date. All the rights and privileges and all of the obligations, duties, and liability of the Grantee under this Ordinance, except as to the extent previously accrued hereunder, shall terminate on the surrender date specified in such notice. (Ord. No. 2013-12-794, § 1, 12-17-13)

Batesville Code of Ordinances, App. C, § 4 Renewal procedures.

SECTION 4. - Renewal procedures. This Franchise may be renewed by the City upon application of the Grantee pursuant to the procedure established by this section, and in accordance with the Cable Acts of 1984 and 1992, and/or any future relevant federal or state laws.

Batesville Code of Ordinances, App. C, § 5 Transfer of ownership or control.

SECTION 5. - Transfer of ownership or control. (a) Assignment or Transfer. This Franchise shall not be assigned or transferred without the prior approval of the Board of Aldermen of the City of Batesville which shall not be withheld unreasonably. The purchaser, assignee, or transferee must demonstrate to the satisfaction of the Board of Aldermen its legal, financial and technical ability to operate and maintain the System. (b) Notice. The Grantee under this document shall give the City written notice of any proposed purchase, assignment, or transfer of this Franchise and should the City fail to call a meeting of the Board to consider and act upon such proposed sale, assignment or transfer within sixty days following receipt of written notice of such proposed sale, transfer, on assignment, the City shall be deemed to have consented to the proposed sale, transfer, or assignment.

Batesville Code of Ordinances, App. C, § 6 Franchise payment.

SECTION 6. - Franchise payment. (a) Franchise Fee. For the use of the streets and other facilities of the City in the operation of the cable television system, the Grantee shall pay the City on a quarterly basis and shall be due and payable no later than forty-five (45) days after the last day of each March, June, September and December throughout the term of the Franchise Agreement, a franchise fee in an amount equal to three percent (3%) of the gross revenues received by the Grantee collected from each subscriber to Cable One's cable television services. In all respects and at all times, the City shall not impose a more onerous franchise fee burden on Grantee than it imposes on Grantee's competitors. (b) Inspection. The City shall have the right to inspect the Grantee's income records, and the right to audit and to recompute any amounts determined to be payable under this Ordinance; provided, however, that City shall have the right to audit payments for no longer than a period of three (3) years going back from the date of the audit. Any additional amount due to the City as a result of the audit shall be paid within thirty (30) days following written notice to the Grantee by the City which notice shall include a copy of the audit report.

Batesville Code of Ordinances, App. C, § 7 Books and records.

SECTION 7. - Books and records. (a) Books and Records. The Grantee shall keep a full and accurate set of books showing the amount of gross revenues received by the Grantee from the area governed by the City, based upon which the franchise payments to be made hereunder are computed. (b) Installation Map. The Grantee shall at all time maintain a complete working map showing the exact location of all the equipment of the cable television system installed or in use in streets and other public places in the City, and such map shall be accessible at normal business hours to the City for all proper purposes. (c) Examination of Books and Records. At all reasonable times, the Grantee shall permit the City, or its duly authorized representatives, to examine all public books and records of the Grantee concerning operations of its cable television system in the area governed by the City, and to examine any and all maps and any other records kept or maintained by the Grantee which deal with the operations and affairs of the Grantee with respect to this Franchise.

Batesville Code of Ordinances, App. C, § 8 Liability insurance and indemnification.

SECTION 8. - Liability insurance and indemnification. Public Liability Insurance. (a) At all times during the existence of the Franchise granted hereunder, the Grantee shall, at its own cost and expense, maintain in full force and effect a general comprehensive liability insurance policy, protecting the City against liability for loss or damage for personal injury, death, and property damage, occasioned by the negligence or default of the Grantee under the Franchise, with minimum liability limits of One Million Dollars ($100,000,000.00) for personal injury or death of any one person, and One Million Dollars ($100,000,000.00) for personal injury or death of two or more persons in any one occurrence, Five Hundred Thousand Dollars ($500,000.00) for damage to property resulting from any one occurrence. (b) The policy or policies of insurance mentioned in the foregoing paragraph shall name the City, its officers and agents, as an additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof.

Batesville Code of Ordinances, App. C, § 9 Conditions of street occupancy.

SECTION 9. - Conditions of street occupancy. (a) Location of Poles and Fixtures. The Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant, mains or public sewer lines, and all such poles or other fixtures placed in any street shall be placed in the right-of-way between the roadway and the property as directed by the City. (b) Restoration. The Grantee shall, upon completion of any work requiring the opening of any street or public place, restore the same, including the paving and its foundations, to as good condition as formerly, and in a manner and quality approved by the City, and shall exercise reasonable care to maintain the same thereafter in good condition. Said work shall be performed with due diligence, and if the Grantee shall fail to perform and complete the work within a reasonable time, to remove all dirt and rubbish and to put the street or public place in good condition, the City shall have the right to put the street or public place in good condition at the expense of the Grantee; and the Grantee shall upon demand, pay to the County the cost of such work done for or performed by the City. Grantee warrants its restoration work for one year. During that time, Grantee will repair any deteriorations or damage due to faulty work at its sole cost and expense. (c) Relocation of Facilities. Whenever the City shall grade, regrade, or change the line of any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to reasonable working conditions, order the Grantee to relocate or protect its wires, conduits, cables, and other property located in said street or public place, the Grantee shall relocate or protect its facilities at its own expense. The City shall give the Grantee reasonable notice, not to be less than five (5) business days, of plans to grade, regrade, or change the line of any street or public place or to construct or reconstruct any sewer or water system therein. (d) Tree Trimming. Grantee shall have the authority to trim trees on public Rights-of-Way at its own expense as may be necessary to protect its wires and facilities. Trimming of trees on private property shall require consent of the property owner. Any trimming of trees by the Grantee in the Rights-of-Way and public ways shall be subject to such regulation or supervision as the Board of Aldermen or other authorized official may establish to protect the public health, safety and convenience. (e) Protection of Facilities. Nothing contained in this section shall relieve any person, companies or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. (f) Notice of Improvements. The City shall give the Grantee reasonable written notice, not to be less than five (5) business days, of plans for street improvements where paving or resurfacing of a permanent nature is involved that would affect the Grantee's facilities, which notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the City is going to start the work. The notice shall be given to the Grantee a sufficient length of time, considering reasonable working conditions, in advance of the actual commencement of the work to permit the Grantee to make any addition, alterations, or repairs to its facilities deemed necessary. (g) Facilities Not Hazardous to Public. All wires, conduits, cables, and other property and facilities shall be so located, constructed, installed, and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, and travel upon the streets and public places of the City. The Grantee shall keep and maintain all of its property in good condition, order, and repair, so that the same shall not menace or endanger the life or property of any person. The Grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City. Adherence to the City requirements for placement of Grantee wires, conduits, cables and other property and facilities shall be deemed proof of compliance with this section. (h) Moving of Buildings. The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance.

Batesville Code of Ordinances, App. C, § 10 Maintenance and repairs.

SECTION 10. - Maintenance and repairs. (a) Maintenance of System. The Grantee shall erect and maintain all parts of the system in good condition throughout the entire franchise period. (b) Interruption of Service. Whenever it is necessary to shut-off or interrupt service for the purpose of making repairs, adjustments, or installations, the Grantee shall use its best efforts to do so during periods of minimum use of the system by subscribers. Unless such interruption is unforeseen and immediately necessary, the Grantee shall give subscribers reasonable notice of any planned interruption of service. All costs incurred in repairing and correcting an interruption of service shall be borne by the Grantee; provided, however, that nothing herein shall prevent the Grantee from recovering the costs incurred from persons responsible for occurrences or acts which result in damage to the cable television system. (c) Customer Service/Complaints. Grantee shall comply with all applicable customer service obligations described in Part 76 of Chapter 1, Title 47 of the Code of Federal Regulations. Any service complaints from subscribers shall be investigated within twenty-four (24) hours of receipt of such complaint. Any service complaint shall be resolved within seventy-two (72) hours. The Grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date thereof. This log shall be maintained for two (2) years and shall be made available for periodic inspection by City.

Batesville Code of Ordinances, App. C, § 11 Service.

SECTION 11. - Service. (a) Construction. Grantee has fully constructed an operational cable system currently serving the City. (b) Availability. Where technically and economically reasonable, Cable television service shall be available to all areas within the corporate limits of the City which have a minimum of thirty (30) dwelling units per street mile. (c) Extensions. No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber's request to locate his cable drop underground, a distance of more than 150 feet from distribution cable or a density of less than 15 subscribers per 1,320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including the costs of material, labor and easements. For the purposes of determining the amount of capital contribution in aid of construction to be borne by Grantee and subscribers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and costs per mile, multiples by a fraction whose numerator equals the number of residences per 1,320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals 15 residences. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction borne by potential subscribers be paid in advance. (d) Additional Territory. In the event additional adjacent territory is incorporated within the City's limits, by annexation or otherwise, the Grantee's rights and duties under this Ordinance shall be deemed to include such additional territory. (e) New Developments. The City shall provide the Grantee with written notice of the issuance of building or development permits for planned commercial and/or residential developments within the service area requiring underground facilities. The City agrees as a condition of issuing the permit that the developer of the planned commercial or residential developments give the Grantee access to open trenches for deployment of cable facilities and notice of the date of availability of trenches. The developer shall be responsible for the digging and backfilling of all trenches. If a new development is not provided with trenching information by the City due to random error or because the developer does not release the information, the Grantee will hold the City harmless.

Batesville Code of Ordinances, App. C, § 12 Emergency use.

SECTION 12. - Emergency use. (a) In accordance with the provisions of the Federal Communications Commission (FCC) regulations, Grantee shall maintain an Emergency ALERT Systems (EAS) for use in transmitting Emergency Act Notification (EAN) and Emergency Act Terminations (EAT) in local and state wide situation as may be designated to be an emergency by the local Primary, the State Primary and/or the State Emergency Operations Center, as those authorities are defined by the FCC. (b) The City shall permit only appropriately trained and authorized persons to operate the EAS equipment. (c) The City acknowledges that under the current federal rules, the Grantee will be unable to allow the City access during a State or Federal EAS alert.

Batesville Code of Ordinances, App. C, § 13 Unauthorized practices and penalties.

SECTION 13. - Unauthorized practices and penalties. (a) Franchise Required for Cable Television System. From and after the effective date of this Ordinance, it shall be unlawful for any person to establish, operate, or to carry on the business of distributing to any person in the City any television signals or radio signals by means of a cable television system unless a franchise or comparable agreement therefore has first been obtained pursuant to the provisions of a City Ordinance, and unless such franchise or comparable agreement is in full force and effect. (b) Franchise Required for Use of Right-of-Way. From and after the effective date of this Ordinance, it shall be unlawful for any person to construct, install, or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a cable television system, unless a franchise or comparable agreement authorizing use of such street, property, or areas has first been obtained pursuant to provisions of a City Ordinance, and unless such franchise or comparable agreement is in full force and effect. (c) Unauthorized Connections Prohibited. It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs, data or sound. (d) Tampering with Cable Television System Equipment Prohibited. It shall be unlawful for any person, without the consent of the Grantee, to willfully tamper with, remove, or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs, or sound. (e) Penalties for Violation. The violation of any provision of Section 13 of this Ordinance may be a misdemeanor or felony under federal and Mississippi law. Grantee and City agree to cooperate in the prosecution of offenders.

Batesville Code of Ordinances, App. C, § 14 Compliance with applicable laws.

SECTION 14. - Compliance with applicable laws. The Grantee shall at all times comply with all laws, ordinances and regulations of the federal, state and City governments or any administrative agencies thereof. If any federal or state law or regulation shall be in conflict with the terms of this Franchise, or any ordinance of the City, then as soon as possible following knowledge thereof, the Grantee shall notify the City of the point of conflict.

Batesville Code of Ordinances, App. C, § 15 Breach and termination.

SECTION 15. - Breach and termination. (a) Breach. In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City reserves the right to terminate the Franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by Grantee shall include the following: (1) Violation of any material provision of the Franchise or any material rule, order, regulation or determination which the City is authorized to make under the terms of this Franchise; (2) Attempt to evade any material provision of the Franchise or attempts to practice any fraud or deceit upon the City or its subscribers or customers; (3) Material misrepresentation of fact in the application for or negotiation of the Franchise. (b) Excuse for Breach. The foregoing shall not constitute a substantial breach if the violation occurs, but it is without fault of the Grantee or occurs as a result of circumstances beyond its control.

Batesville Code of Ordinances, App. C, § 16 Rules and regulations.

SECTION 16. - Rules and regulations. (a) In addition to the inherent powers of the City to regulate and control this Franchise, and those powers expressly reserved by the City herein, the right and power is hereby reserved by the City to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of this Franchise. (b) The City may also adopt such regulations at the request of the Grantee upon application or in order to conform City regulations with changes in applicable state or federal law.

Batesville Code of Ordinances, App. C, § 17 Failure of city to enforce this franchise, no waiver of the terms thereof.

SECTION 17. - Failure of city to enforce this franchise, no waiver of the terms thereof. The Grantee shall not be excused from complying with any of the terms and conditions of this Franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

Batesville Code of Ordinances, App. C, § 18 Free service to city buildings.

Batesville Code of Ordinances, App. C, § 19 Severability.

SECTION 19. - Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held illegal, invalid, or unconstitutional by any court of competent jurisdiction or the FCC, such decision shall not affect the validity of the remaining portions. The invalidity of any such portion of this Ordinance shall not abate, reduce, or otherwise affect any consideration or other obligation required by the City of the Grantee under the Franchise granted.

Batesville Code of Ordinances, App. C, § 20 Acceptance by the grantee.

SECTION 20. - Acceptance by the grantee. The Franchise granted pursuant to this Ordinance and its terms and provisions shall be unconditionally adopted by written instrument executed and acknowledged by the appropriate officials of the City and delivered to the Grantee which shall accept same not later than twenty (20) days after receiving it by acknowledging the Grantee's acceptance in writing.

Batesville Code of Ordinances, App. C, § 21 Notice.

SECTION 21. - Notice. All notices called for in this Franchise shall be written notice and will be considered as being completed notice when mailed by registered mail or certified mail return receipt requested and addressed to the party to be notified as shown below: To: The City of Batesville: | City of Batesville Board of Aldermen 103 College Street/P.O. Box 689 Batesville, Mississippi 38606 To Grantee: | Cable One, Inc. 1314 North 3 rd Street Phoenix, Arizona 85004 Attn: Vice President, SE Division

Batesville Code of Ordinances, App. C, § 22 Choice of law.

SECTION 22. - Choice of law. This Agreement shall be construed in accordance with the laws of the State of Mississippi, and any actions to interpret or enforce the same, or any rights thereunder, shall be maintained in a court of competent jurisdiction situated within City of Batesville, Mississippi.

Batesville Code of Ordinances, App. C, § 23 Entire agreement.

SECTION 23. - Entire agreement. The terms and provisions of this Ordinance and Franchise Agreement constitute the entire agreement between the parties, and shall supersede all previous communications, agreements, memoranda and other matters between the parties hereto with respect to the subject matter hereof. Any modifications to this Franchise Agreement shall be effective only if in writing and only upon execution by the City and the Grantee. PASSED by the Board of Aldermen of The City of Batesville on this the 3rd day of December , 2013. | /s/ Mayor, Board of Aldermen City of Batesville ATTEST: /s/ City Clerk of City of Batesville, MS | This Ordinance has been accepted by Cable One, Inc., this ___ day of __________,2013. | CABLE ONE, INC. | By:______________ | Vice President, Southeast Division | Michelle Cameron

Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=APXCCATEFetched: 10/31/2026