RULES GOVERNING GRANTEE

Oklahoma City Municipal Code ch. 11, art. V

in effect

Oklahoma City Municipal Code § 11-73 Employment practices.

§ 11-73. - Employment practices. A grantee shall comply with all applicable Federal, State and local laws with regard to its employment practices. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-74 Preferential or discriminatory practices prohibited.

§ 11-74. - Preferential or discriminatory practices prohibited. A grantee shall not deny access to service to any group of potential subscribers because of the income of the residents of the local area in which the group resides, or because of race, color, religion, sex or national origin. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-75 Compliance with applicable laws and regulations.

§ 11-75. - Compliance with applicable laws and regulations. The grantee, at its expense, shall comply with all laws, orders and regulations of Federal, State and municipal authorities and with any directive of any public officer pursuant to law who shall legally impose any regulation, order or duty upon the grantee with respect to the franchise. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-76 Liability and indemnification.

§ 11-76. - Liability and indemnification. (a) The City shall require a grantee to indemnify and hold harmless the City, its officers, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of action, actions, suits, proceedings, damages (including but not limited to damages to City property and damages arising out of copyright infringements, and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable system), costs or liabilities (including costs or liabilities of the City with respect to its employees), of every kind and nature whatsoever, including but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by the grantee, or the granting thereof by the City, provided that the grantee shall not be liable for any such damages, fees or expenses where any lawsuit is based on the actions or omissions of the City but not on any act or omission by the grantee. (b) The City shall require a grantee to maintain a general comprehensive liability insurance policy naming, as an additional insured, the City, its officers, boards, commissions, agents and employees, in a company mutually acceptable by the grantee and the City in a form satisfactory to the City protecting the City and all persons against liability for loss or damage for personal injury, death or property damage occasioned by the operations of the grantee under any franchise granted hereunder in the amount of: (1) $500,000.00 for bodily injury or death to any one person, within the limit, however, of $1,000,000.00 for bodily injury or death resulting from any one accident. (2) $500,000.00 for property damage resulting from any one accident. (3) workmen's compensation insurance in such coverage as may be required by the workmen's compensation insurance and safety laws of the State and amendments thereto. (c) Notice of cancellation and reduction of coverage. The insurance policies referred to above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled or the amount of coverage thereof reduced until 30 days after receipt by the City by registered mail, of written notice of such intent to cancel or reduce the coverage." (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-77 Reserved.

Oklahoma City Municipal Code § 11-78 Receivership and foreclosure.

§ 11-78. - Receivership and foreclosure. (a) The franchise granted hereunder shall, at the option of the City Council or its designee, cease and terminate 120 days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the franchise whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: (1) such receivers or trustees shall have, within 120 days after their election or appointment, fully complied with all the terms and provisions of this chapter and the franchise granted pursuant thereto, and the receivers or trustees within said 120 days shall have remedied all defaults under the franchise; and (2) such receivers or trustees shall, within said 120 days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise herein granted. (b) In the case of a foreclosure or other judicial sale of the plant, property and equipment of the grantee, or any part thereof, including or excluding this franchise, the Council or its designee may serve notice of termination upon the grantee and the successful bidder at such sale, in which event the franchise herein granted and all rights and privileges of the grantee hereunder shall cease and terminate 30 days after service of such notice, unless: (1) the Council shall have approved the transfer of this franchise, as and in the manner in this chapter provided; and (2) such successful bidder shall have covenanted and agreed with the City to assume and be bound by all the terms and conditions of this franchise. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-79 Permits and authorizations.

§ 11-79. - Permits and authorizations. (a) A grantee shall diligently apply for all necessary permits and authorizations, required in the conduct of its business, and shall diligently pursue the acquisition thereof, including necessary pole attachment agreements and necessary authorizations from the Federal Aviation Agency to construct such receiving antenna towers as may be required and any necessary authorizations or waivers from the Federal Communications Commission. (b) A grantee shall not apply for any waivers, exceptions, or declaratory rulings from the Federal Communications Commission or any other Federal or State regulatory agency without the written notification to the City Manager or his designee. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-80 Reserved.

Oklahoma City Municipal Code § 11-81 Rights reserved to the City.

§ 11-81. - Rights reserved to the City. (a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of a grantee through the exercise of the right of eminent domain at a fair and just value, and nothing herein contained shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the City's right of eminent domain. (b) There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any law, and a grantee, by its acceptance of a franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established, consistent with this chapter and the franchise granted pursuant to this chapter. (c) Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (d) If the Federal Communications Commission or any other Federal or State body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under this chapter, then to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City, the jurisdiction of the City shall cease and no longer exist. (e) The preemption or preclusion of the exercise by the City of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the City or grantee, nor any contractual obligation of a grantee under any franchise issued hereunder. Any and all rights, power, privileges and authorities arising under this chapter or any franchise agreement are each and all hereby declared by the City and any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the City. (f) There is hereby reserved to the City the right to impose rules and regulations similar to but not more strict than those currently in effect under the jurisdiction of the FCC if and when the FCC chooses to abrogate its power and authority in any or all areas now under FCC control. (g) At the expiration of the term for which a franchise is granted or upon the termination and cancellation as provided therein, the City reserves the right to require the grantee to remove at its own expense any and all portions of the cable system from the public ways within the City. (h) The City reserves the right to require the Grantee to pay the costs of publication of this chapter. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-82 Forfeiture or revocation.

§ 11-82. - Forfeiture or revocation. (a) Grounds for revocation. The City reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this chapter and the franchise grant: (1) if the grantee should default in the performance of any of its material obligations under this chapter or under the franchise. (2) if the grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages as may be required herein. (3) if any court of competent jurisdiction, the Federal Communications Commission or any State regulatory body by rules, decision, or other action determines that any material provision of the franchise documents, including this chapter, is invalid or unenforceable prior to the commencement of construction as set forth in Section 11-53 herein. (4) if the grantee should frequently violate any orders or rulings of any regulatory body having jurisdiction over the grantee relative to this franchise. (5) if the grantee fails to receive necessary Federal Communications Commission certification. (6) if the grantee ceases to provide services for any reason within the control of the grantee over the cable system. (7) if the grantee is found by a court of competent jurisdiction to have attempted to evade any of the provisions of this chapter or the franchise agreement or practices any fraud or deceit upon the City. (b) A grantee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case in which performance of any such provision is prevented for reasons beyond the grantee's control. A fault shall not be deemed to be beyond the grantee's control if committed by an Affiliate or a corporation or other business entity in which the grantee holds a controlling interest, whether directly or indirectly. (c) Procedure prior to revocation. (1) the City Manager may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of 30 days following such written demand, the City Manager may place his request for termination of the franchise upon the next regular Council meeting agenda. The City Manager shall cause to be served upon such grantee, at least ten days prior to the date of such Council meeting, a written notice of his intent to request such termination, and the time and place of the meeting, notice of which shall be published by the City Clerk at least once ten days before such meeting in a newspaper of general circulation within the City. (2) the Council shall consider the request of the City Manager and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause. (3) if such failure, refusal or neglect by the grantee was with just cause, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable. (4) if the Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Council may, by resolution, declare that the franchise of such grantee shall be terminated and bond forfeited unless there be compliance by the grantee within such period as the Council may fix. (d) Disposition of facilities. In the event a franchise is revoked, or is otherwise terminated, the City may order the removal of the network facilities from the City within a period of time as determined by the City or require the original grantee to maintain and operate its network until a subsequent grantee is selected. (e) Restoration of property. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances without affecting the electrical or telephone cable wires, or attachments. The City shall inspect and approve the condition of the public ways and public places, and cables, wires, attachments and poles after removal. The liability indemnity and insurance as provided herein and the performance bond provided herein shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this paragraph and this chapter. (f) Restoration by City, reimbursement of costs. In the event of a failure by the grantee to complete any work required by Subsection (c) above and/or Subsection (d) above, or any other work required by City law or ordinance within the time as may be established and to the satisfaction of the City, the City may cause such work to be done and the grantee shall reimburse the City the costs thereof within 30 days after receipt of an itemized list of such costs or the City may recover such costs through the performance bond provided by the grantee. The City shall be permitted to seek legal and equitable relief to enforce the provisions of this section. (g) Extended operation. Upon the revocation of a franchise, the City may require the grantee to continue to operate the network for an extended period of time not to exceed one year from the date of such expiration or revocation, or as otherwise provided for by applicable law. The grantee shall, as trustee for its successor in interest, continue to operate the cable television system under the terms and conditions of this chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. During such interim period, the grantee shall not sell any of the system assets nor shall the grantee make any physical, material, administrative or operational change that would tend to (1) degrade the quality of service to the subscribers, (2) decrease income, or (3) materially increase expenses without the express permission, in writing, of the City or its assignee. The City shall be permitted to seek legal and equitable relief to enforce the provisions of this section. (h) City's rights not affected. The revocation or termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provision of law. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-83 Reserved.

Oklahoma City Municipal Code § 11-84 Further agreement and waiver by grantee.

§ 11-84. - Further agreement and waiver by grantee. (a) A grantee shall not be excused from complying with any of the terms and conditions of this chapter or the franchise agreement by any failure of the City, upon any one or more occasions, to insist upon the grantee's performance or to seek grantee's compliance with any one or more of such terms or conditions; provided, no penalty shall be assessed absent notice and opportunity to cure. (b) The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the franchise agreement or the regulation thereof. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-85 Protection of privacy.

§ 11-85. - Protection of privacy. Grantee shall comply with all provisions of applicable Federal and State law as it relates to subscriber privacy. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-86 Time is of the essence.

§ 11-86. - Time is of the essence. Whenever this chapter or the franchise sets forth any time for any act to be performed by or on the behalf of the grantee, such time shall be deemed of the essence, and the grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the City to invoke the remedies available under the terms and conditions of this chapter and the franchise. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-87 Unauthorized connections or interference with franchisee.

§ 11-87. - Unauthorized connections or interference with franchisee. (a) It shall be unlawful for any person without the expressed consent of the grantee to make any connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise with or to any segment of a franchised cable system for any purpose whatsoever, except as provided in Section 11-37 herein. (b) It shall be unlawful for any person to willfully interfere with, tamper, remove, obstruct, or damage any part, segment or content of a franchised cable system for any purpose whatsoever. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH11BRCATE_ARTVRUGOGRFetched: 10/28/2026