Resolution Granting Franchise #91-1247- EXPIRED
> > '
0""l 14 1~6~6PAGE
DCf ORC THE I30ARD OF COUNTY CON1A11SSIONERS OF SPOKANE COUNTY, WASH[NGTON
RESOLUTION NO. g~a1a92'60332
V.. 22?PacE 6 ~
IN THL' N4A17ER OF RE[SSU(NG )
A FRANCHISE rOR THE OPERATIONS ) RESOLUTION GRANTINFECEIVED
OF CABLE TELEVISION SYSTEMS - ) FRANCIiISE
COX CABLE SPOKANE INCORPORATED ~ MAY 18 1994
~ ~ ~~Nff
WHFREAS, the Board of Cotinty Commissioners of Spokane County, pursuant to the provisions of the
Revised Code of Washington, Section 36.55.010 may grant franchises to persons to use the right of way of
Cotinty roads in Spokane Cotinty to construct, maintain and operate transmission and distribution lines or cables
fur the transmission and clistribution of Cahle tclevision signals; and
WHERCAS, the E3oard of County Commissiuners oFSpokane County pursuant to the above cited statutory
sections did pursuant to Franchise No. 70-159 grant certain franchise rights to Spokane Cablevision, 1nc. to
construct, maintain, and operate transmission and distribution lines or cables for the transmission and distribution
c>f telcvision signals together with poles and ather appurtenances, upon, over, along, underneath and across the
puhlic roads and rights of way of Spokane County; and
WHEREAS, the Boarcl of Cotinty Commissioners of Spokane County, on the 4th day of August, 1977
pursuiint to Resolution No. 77-920 did transfer Franchise No. 70-159 from Spokane Cabievision to Cox Cable
TV of SPokane County; ancl
WHEREAS, the Board of County Commissioners of Spokane County pursuant to Resolution No. 78-634,
enacted an "Ordinance Regtilating the Operation of Any Cabte Tetevision Systems in the County of Spokane";
now codified as Chapter 7.40 of the Spokane Cotinty Code as amended; and
WHEREAS, said ordinance provides rules and regulations for the operation of any Cable Television
Systems in tlie unincorporated areas of tiie Cotinty of Spokane, providing terms and conditions for the operation
uf sLicli Cahle Television Systems ancl the tees therefor, provicling penalties and other matters; and
WEIEREAS, tlle Board of County Commissioners of Spokane Coiinty, did by Resolution NO. 78-1088 grant ti Franchise W Cox Cable I'V of Spokane for a term of 15 years; and
WHEREAS, Cox Cable of Spokane, a corporation organized and existing under the laws of the State of
Washington, clesires to expand its operaticm beyond the boundaries permitted in Franchise No. 78-1088, and has suhmittccl an applicatiun for a ncm-exclusive franchitie pursuant to Chanter 7.40 of the Spokane County Code.
WHCRL•AS, the 13oard uf Cotinty Commissioners having held a public hearing in respect to said
application, having considerecl the respertive interests proposed and advanced, and being fully advised in the
premises, clues herehy find thiit the granting of a new franchise under the terms and conditions of Chapter 7,40
of the Spokane Cotinty Cucle as amendecl to be in the public interest;
NOW, THEREF'ORC, I3C I"I' RCSOLVED by the Buarcl of County Commissioners of Spokane County,
Washington, that there is hereby branted to Cox Cable of Spokane Incorporated, hereinafter called Grantee subject
to all the terms and conditions of Chapter 7.40 of the Spokane County Code as amended, a photo copy of which
is attachecl heretu as Attachment "A" and incorporated herein by reference, for a term of fifteen (15) years from
the date hercof, the right, privilege, authority and Franchise, tor itseff, to construct, maintain, and operate
transmission and distribution lines or cables for the transmi:ting and distrihuting of television, FM radio, and
uther auclio-visual electrical signals, together with poles, and other appurtenances, upon, over, along, underneath,
ancl across all County roaels anel rigl-its ot' way, now existing or hereaf'ter existing. To include All of the County
ROMls 111d Ribhts uF Way «-ithin Spokanc County, Washinbtan wilhin Secticros 1 through 36 in Townships 21,
22, 35, 26, 28 :.-^d 29 N;,rth an,! Rana•:s 40. 4!, 42, 43, 44, 45 and 46 E~t W.M. except for
Inrorpuratrcl Areas. Within these sections, townships and range as descrihed and set forth in Cox Cable TV of
Spokane's application datecl february G, 1991, a photo copy of which is attaclied tiereto as Attachment "Ei" and
incorporatecl herein hy reference ancl supplement application dated April 16, 1991, a photo copy of which is
attached hereto as Attachment "C" and incorporated herein by reference.
I3E 1"I' FURTHER RESOLVED that the CA'1'V system herein franchised shall be used and operated solely
an(I exclusively for the purpuse exrressly authorized by Chapter 7,40 of the County and no other purpose
whatsocver.
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BE IT F'URTHER RGSOLVED that the terms of this franchise shall be as set forth in Chapter 7.40 of
the Spokane Cotinty Code, apPlicable federal law and regulation and the franchise application submitted by the
Grantee on February 6, 1991 and supplement on April 16, 1991. Provided however, that if any parrof said
application is found by the Federal Communications Commission to be inconsistent with their rules and o
~
regulations such rules shall prevail. In the event of an in consistency between the provisions of Chapter 7.40 of '
the Spokane County Code as amended, and Cox Cahle Tv of Spokane's application or supplement, the provision
of Chapter 7.40 of the Spokane Cotinty Code shall control. ~
r.~
E3E IT FURTHER RESOLVED that the Grantee hereunder shall not issue any capitol stock on account ~
of the Franchise or the value thereof, nor shall the Grantee have any right to ceceive upon a condemnation ~
' proceeding brought by the County to acquire the properties of the Grantee, any compensation on account of the
franchise or its value; ~
BC IT FURTHER RESOLVED that Franchise No. 78-1088 is terminated, null and void and of no force ~
and effect upon the effective date of this Franchise; ~
[3E IT FURTHER RESOLVED that this Franchise shall become effective as provided by Chapter 7.40
of the Spokane Cotinty Code.
[3E IT PURTHER RESOLVED that the granting of this Franchise is exempt from the State Environmental
Policy Act (Chapter 43.21C RCW (and local County SEPA ordinance pursuant to WAC 197-117800(20).
Adclitionally, the Board of Cotinty Commissioners finds that the granting of this Franchise is the type of action
contemplated to 6e included within the provisions of WAC 197-11-800(20) anJ that the granting of the Franchise
will not have any likely environmental effects.
1'ASSED AND ADOP1'ED hy the Board of County Commissioners this Sth day of September, 1991.
BOARD OF COUNTY COMMISSIONERS
Or SPOKANE COUNTY, WASHINGTON
,
ohn R. McIIri~Cfiairman
~
~
Patricia A. Mum '
, Y %
,
~ .
Steven Hasso ~
ATTEST: WILL(AM E. DONAHUE
QY
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='-:cORE T'r.z- aOrRD Or COUNTY COI•119ISSIONERS OF SPO'rCAI`1E COUNTY, '.~A.
T::r I<<,TTER OF AIdENDING )
C7ZTjyTN ?ROV:SZONS OF SPOiCANE ) FINDINGS OF FACT AND DECISIOti
)
COUN'I'`! COD£ CHAPTER 7.40
; t ^ELcVZSIONS SYSTEMS ) )
pursuant to the provisions of Article XI yll of zhc
washington State Constitution, RCW Section 36.32.120(7) and chapter
30.55 RCW, the Board of County Commissioners has the legal abilitf
r.o enact ordinances regulating cable franchises in the unincor-
-orated arezs or Spokane County, subject to certain restrictions
contained int he Cable Act, codif ied in 47 USC 5541 et seQ.; and
wHEREAS, the Board of County Commissioners of Spokane County,
pu*suant to all Iegal provisions set forth in the immediately
p:eceding recital, except the Federal Cable Act, enacted in 1975 an
o:dinance regu?atinq the grantinq of cable franchises in the
unincorDOrated areas of Spokane County; and
wric,REAS, as a result of the 1984 Cable Act, the eoard o:
County Commiss=oners of Spokane County have determined to revise
t^e?r Cable Franchise Ordinance found in Spokane County Code
ChaDter 7.40, to make the sacne consistent with said act; and
S•7'r.ErZ~AS, the 3oard of County Commissioners oi Spokane Councy
ne?e a pub?ic hearinq on May 28, 1991, at 5:30 o'clock P.M. in the
Spokane County Courthouse, located at West 1116 Broadway Avenue,
S-o1ane, washington, to consider certain proposed amendments to
C:^.=-ter, 7.40 of the Spokane County Code, as more particularly set
: or th in Attachment "A", attached hereto and incorporated herein b.:
re:ADrence; and
wHEREAS, aiter considering all public testimony at said public
he?ring, the Board of County Commissioners f eels that those certa=n
amer.dments to Chapter 7.40 of the Sookane County Code are necessary
co nake said Code consistent with tr.e f ederal 1984 Cable Act;
. NOw, TciERE:ORE, BE IT RESOLVED by the Board of County Commis-
s_oners of Spokane County, that the Board, pursuant to the
=*ov=sions o-F Article XI 511 of the Washington State Constitution,
30 . 32 .120 ( 7), and Chapter 36.55 RCW, does hereby modifv Chapter
7.=C o: t'r.e Spokane County Code, as set forth in Attachment "A",
a:cacnec he*eto and incorporated herein by reference, and in so
co_:ag, does adopt those recitals set forth hereinabove as c indings
=act in su-onort oi such amendments.
?;,SSc.D AIND ADOPTED this day of Ll,~
BOARD OF / COtII4ISSZONcRS
OF SPO' / WASHINGTON
/
5d°y4n H a s`s6n '
' T^ ~ •
1
W. :,y ~ . DONAuU~, John R. r e
C 1 oE the Boar
r~
J- / Deput Clerk Patricia A. r?ummey ~
. ,
. vot. 124.06PAGE 109 7.40.070 Rates. (a) The rates charged by the granzcc
Eor service to subscribers to its CATv system shall be fa::
and reasonable. The--rates-3vr~?~--~ - t t
r a t e s- e ti_~ e~ t~ 7- ~ r,r ~ o~re3- ~r- -fi~re- -c~.►tY,.-y rtecrrr: ssi o:r~ - e 4- t-" =
eeet1 ye-date-~_'-t~ -t.OA rE.iec-:r-t' ~
eherter---TRerefere;-na No increase in the rates and cha:V-es
to subscribers may be allowed until r.=netY thirtv da;s
following the filing of any new rates with the affice of thc
county commissioners. All subscribers may be notifiec
ariting at least twice, beginning not less than s=xtv ti;::c:•
days in advance of the ef-Feco-ive date of the rate increase.
Failure to so notify the subscribers will act to suspenc ;z:
rate increase until such time as this section is comp?ie4
with. The county reserves the right to regulate the rates
charged by the grantee for its services, should the countv
commissioners, for any reason, deem it necessary, and onlv
insofar as anolicable law nermits such revulation. :411
addition, at such time as a grantee's penetration becones
f if ty percent of all residential units passed by the grantee' s
system, the county budget director thereafter shall provide ar,
annual report to the county commissioners on the performance
of the CATV system. Should the county resume rate regulation,
no action shall be taken by the county commissioners wicn
respect to the grantee's rates until after thirty days' publ:c
notice and the grantee has been given an opoortunity to 'Dc
heard by the commissioners'with regard thereto.
(b) To the extent that rate reQUlation is t)ermitted b%,
federal iaw, the -?he county shall have the right to conaucz
such inquiry or audit as it deems proper for the purpose of
judging the grantee's rates, and at the option of the councy
commissioners, may assess the cost of such investigation or
audit against the grantee, which costs shall be paid witnin
thirty days after presentation to the gzantee by the county
auditor.
7.40.120 Rules and regulations.
(d) There is reserved to the county the power to anend
any section or part of this chapter so as to recu'_re
additional or greater standards of construction, operat:on,
maintenance or otherwise on the part of a
Qzantee: o:ovided, that anv such amendment which increases :h e
burden or reduces the benefit to a grar.tee under a franch:se
whose ter:n has not vet exDired shall not take e=fect as to
that orantee durinQ the term of such franchise, w:tho~t -:^e
Written consent of said qrantee. Provided. ~urther, noth:-:~
in this subtiaraQraDh shall Dreclude or Drohibit the count•:
from enactina anv ordinance, from time to time
, tne
interest of public health and safetv, which mav imoact Lhe
qrantee in the oDeration of the CATV svstem, as a orooe:
ex.ercise oL the countV's police power. Grantee's ricnts
hereunder are sublect to the reasonable exezcise of
oo? ice oower and in the event oz anv conflict between
orovisions of this suboaraQraoh and anv oresent or. ;Ltu:-z
exercise of the countv's eolice power, such conilict sha~'_
resolved in Eavor of such police Dower.
7.40.130 Permits; and authorization en d--=-.~-.~-
Eert=~=eate-af-Ear~~i~eaee required. (a) wilChin sixt}• dzys
: =~e - 2
• . . 4 , .
7.40.320 Franchise renewal. This franchise may be
renewed or extended by the grantor upon application of the
g=antee at least sixty days but not more than ene-~~~~~er
twent7-dey5 thirtv-six months prior to its expiration in
accordance with the then existing rules of the FCC, this code, o
a^d applicable laws; and in addition for renewal, a swnmary oi ~
:ts operations during the term of the franchise, and whatever ~
acditional facts that the board shall need. Any action by the
bczrd in either renewing, extendinq, or terminating thc ~
::anchise must be done at a public hearinq affording due r~
?=ocess. ~
-v
z'
~
m
?nSJGD nND ADOPTF.D this day oOOF04tY , 1991. ~
~
BOARD MMISSIONERS OF SP, WASHINGTCN
Sttpi Hassti'on
John . c ride J
, C..~
Pdtricia A. t~ummey
* ^T~ CT
DONA-HUE ,
o=rthe Board
Bv
Deputy Clerk
?::~_::S-':: Once i:: the Chronicle - May 17, 1991
_ - 6
7.40.010
. . yoL. I 2 on services Furnished by the grantee imposed of the board, it is in the public interest to restrict the
. directly on any subscriber or user by any county, number ofgrantees to one or more. (Ord. 78-634 § 3.
state or othergovernmental unit and collected bv the 1978)
grantee for such governmental unit. ~
(9) "Gross subscriber revenues" means the 7.40.035 Granting of variances.
grantee's gross revenues basic subscriber service and The county in conjunction with the granting of a
pay TV, franchise or renewal thereof under the terms of this
(10) "Pay TV" means a system of television in chapter may grant variances from any of iu terms
which the viewer pays directly for programs -not and provisions; provided, however, no variance
available on advertiser supported television. may be granted from any term or provision wtLich
(11) "Propercy of grantee" means all property may be required as the result of any federal or stace
owned, installed, or used by a grantee in the conduct law or regulation or which may impair fair competi-
of a CATV business in the county under the author- tion among franchise holders.
ity of a franchise granted pursuant to law. In the event an applicant or grantee desires a
(12) "Street" means the surface of and the space variance, said request shall be included within the
above and below any public street, right-of-way, applicant's application, renewal or amendment for a
road, highway, freeway, lane, path, alley, court, side- franchise. A1] variance requests must state the spe-
walk, parkway or drive, now or hereafter e:cisting as cific provisions or terms from which the variance is
such within the county. being requested as well as reasons supporting such
(13) "Subscriber" means any person or entity request Any variance granted shall be included in
receiving for any purpose the CATV service of a the franchise. The county in conjunction with the
grantee. (Ord 78-634 § 1, 1978) 8ranting of a variance may condition tbe variance
upon such terms and conditions as may be necessary
to ensure that the granting of the variance will not be
7.40.020 Compliance. detrimental to the public health, safety or welfare or
When and in the event that the grantee of any impair fair competition among franchise holders.
franchise by other ordinance granted hereafter con- A11 variances granted shall be subject to the county's
' structs, operates and maintains a CATV system yearly review on their anniversary date, wbich
exclusively through pubIic utility company facilities review shall ensure that the variance granted to any
constructed, operated and maintained pursuant to a holder continues to not impair fair competition
county-granted public utility company franchise, among franchise holders. The county in the event it
and offen satisfactory proof that in no event during is determined any variance does impair fair com-
the life of such franchise shall the grantee make any petition may after compliance with the notice of
use of the streets independently of such public utility public hearing provisions within Section 7.40.050,
company facilities, the grantee shall be required to revoke, alter or rescind any variance. (Res. 32-0372
compiy with all of the provision hereof as a licensee, Attachment A, 1982)
and in such event whenever the term "grantee" is
used in this chapter, it shaIl be deemed to mean and ~•~0.040 ~uthority of grantee.
include licensee. (Ord. 78-634 § 2, 1973) (a) Any franchise granted subject to the prov-i-
sions of this chapter shaIl authorize and permit the
grantee to engage in the business of operating and
7.40.030 Granting of nonexclusive franchise. providing a CATV system in the countv, and for that
A nonexclusive franchise to construct, operate purpose to erect, install, construct, repair, reptace,
and maintain a CATV system within all or any por- reconstruct, maintain and retain in, on. over, under,
tion of the county may be granted by the board to any upon, across and along any pubtic right-of-way such
person, firm or corpocation, whether operating poles, wires, cable, conductors, ducts, conduits,
under an existing franchise or not, who or which vaults, manholes, amplifiers, appliances, attach-
offers to furnish and provide such svstem under and ments and other property as may be necessarv and
pursuant to and in accordance with the terms and appurtenanc to the CATV svstem: and in add.ition.
provisions of this chapter. No provision of this chap- so to use, operate and provide similar facilities or
ter may be deemed or construed as to require the properties rented or leased from other persons,
grantingofa franchisehereafterwhen, in theopinion firms, or corporations including but not limited to
277
. . . oL. 1 2.2 n -A 7.40.110
pole space from any department of the county, util- (d) There is reserved to the county the power to
ity company, or from othen maintaining poles in amend any section or parc of this chapter so as to
streets. Costs for alterations to the county commu- require additional or greater standards of construc-
nications and/or fire alarm systems, due to the tion, operation, maintenance or otherwise on the
CATV installation, shall be paid by the grantee on a part of the grantee.
time and material basis. (e) Neither the granting ofany franchise hereafter
(j) Any franchise granted hereafter shall be in lieu nor any provisions hereof shall constitute a waiver
ofany and ail other rights, privileges, powers, immu- or bar to the exercise of any governmental right or
nities and authorities owned, possessed, controlled power of the county.
or exercisable by grantee, or any successor to any (f) The board may do all things which are neces-
interest of grantee, of or pertaining to the construc- sary and convenient in the'exercise of its jurisdiction
tion, operation, or maintenance of any CATV sys- under this chapter and may detennine any question
tem in the county; and the acceptance of any of fact which may arise during the existence of anv
franchise hereafter shall operate, as between grantee franchise g,ranted hereafter. The county engineer is
and the county, as an abandonment of any and all authorized and empowered to adjust, settle, or com-
such rights, privileges, powers, immunities and promise any controversy or charge arising from the
authorities within the county, to the effect that, as operations of any grantee under this chapter, either
between grantee and the county and any and all on behalf of the county, the grantee or any sub-
construction, operation and maintenance by any scriber, in the best interest of the public. Either the
grantee or any CATV system in the county shall be, grantee or any member of the public who may be
and shall be deemed and construed in all instances dissatisfied with the decision of the county engineer
and respecu to be, under and pursuant to the fran- may appeal the matter to the board for hearing and
chise and not under or pursuant to any other right, determination. The board may accept, reject, or
privilege, power, immunity, or authority what- mod.ify the decision of the county engineer and may
. soever. (Ord. 78-634 § 11, 1978) adjust, settle, or compromise any controversy or
- ' rancel any charge arising from the operations of a.ny
7.40.120 Rules and regulations. grantee or from any provision of this chapter.
(a) Nothing in this chapter shalI be deemed or (g) The county shall have the right; during the life
construed to impair or affect in any way, to any of any franchise hereafter granted, to install a.nd
extent, the right of the county to acquire the property maintain free of charge upon the poles of the grantee
of the grantee, either by purchase or through the any wire and pole fixtures necessary for a police
exercise of the right of eminent domain, at a fair and alarm system, on the condition that such wire and
just value, which shall not include any amount for pole fixtures do not interfere with the CATV opera-
the franchise itself or for any of the righu or priv- tions of the grantee.
ileges granted, and nothing contained in this chapter (h) The county shall have the right to inspect all
shall be construed to contract away or to modify or construction or installation work perfonned subject
abridge either for a term or in perpetuity, the to the provisions of this chapter and make such
county's right of eminent domain. inspections as it shall find necessary to insure com-
(b) There is reserved to the county every right pliance with the terms of any franchise hereaiter
and power which is required to be herein reserved or granted and all other pertinent provisions of law.
. provided by any ordinance of the county, and the (i) The grantee shall provide without charge one
grantee, by its acceptance of any franchise, agrees to outlet to each governmental office building,, fire sta-
be bound therebv and to comply with any action or tion, police station, and public and private school
requirement of the county in iu exercise of such building that is passed by its cable. If more than one
nghts or power, heretofore or hereafter enacted or outtet is required at any of the locations, the granter
established. shall install at the cost of time and material only, and
(c) Neither the granting ofany franchise here3fter in no event wlill there be a monthly service charge at
nor any provisions contained in this chapter shall be the locations. The distribution of the cable facility
construed to prevent the county from granting any inside such buiIdings and the exent thereof shall be
identic~l or simitar franchise to any other person, the option, duty and expense of the building owner.
firm, or corporation within alI or any portion of the (j) In the case of any emergency or disaster, the
councy.- grantee shall, upon request of the board of county
281
. ' 7.40.19C
. . . . . . yot. 12 "1.), ~ ~acE 12 3
(c) The county shall be named as coinsured on all Federal Communications Commission, Securities
insurance policies and a certificate of insurance cov- and Exchange Commission, or any other federal or
ering the poiicy or policies authenticated by the state regulatory commission or agency having juris-
insurance carrier, shall be approved by the county diction in respect to any matters affecting CATti'
legal counsel, and filed with the clerk of the board of operations authorized pursuant to any franchise,
county commissioners. Authenticated proof of shall also be submitted simultaneously to the board
renewals shall likewise be fled showing the above by filing the same with the cierk of the board of
coverage for the duration of any franchise; and the county commissionen. (Ord. 73-634 § 20, 1978)
county shall have the right to suspend or require
closed the operation of grantee during any period
which the aforesaid insurance is not kept in force by 7.40.210 Operational standards.
the grantee. (Ord. 78-634 § 19, 1978) The Ca►TV system shall be installed and main-
tained in accordance with the highest and best
7.40.200 Inspection and filing of property and technical standards of the industry so that subscrib-
records. ers shall receive the best possible service. AI1 services
(a) At all reasonable times, the grantee shall per- to subscribers and recipients by the grantee, under
mit any duly authorized representative of the county the terms of the franchise, shall at all times be as good
to examine all property of the grantee, together with as the state of the art allows. At all times, eacb cable
any appurtenant property of the grantee situated system shall be no less advanced than any other
within or without the county and to examine and system of comparable size, ercepting only systems
transcribe any and all maps and other records kept or
maintained by the grantee or under its controI which w~ch are experimental, pilot, or demonstration. In
deal with the operations, af~'airs, transactions, or determining the satisfactory extent of such stan-
property of the grantee with respect to its franchise. ~ds, the following among others shall be consid-
If any such maps or records are not kept in the ered:
county, or upon reasonable request made available (1) That~ the system be installed using all band
in the county, and if the board determines that an equipment capable of passing the entire VHF and
examination thereof is necessary or appropriate, FM spectrum, and that it have the further capability
then all travel and maintenance expense necessarily of converting UHF for distribution to subcribers on
incurred in making such examination shall be paid the VHF band,
by the grantee. (2) That the system, as installed, be capable o1
(b) The grantee shall prepare and furnish to the passing standard colorTV signals, without the intro-
county eng,ineer at the times and in the form pre- duction of material degrad.ation on color fideliry and
scribed by the officer, such reporu with respett to iu intelligence, and when the signals the grantee dis-
operations, affairs, transactions, or propercy as may tributes are received from a station which is trans-
be reasonably necessary or appropriate to the per- mitting in cotor, they shall be distributed in coloc
formance of any of the rights, functions, or duties of when technically feasible. The grantee shall have the
the county or any of its officers in connection with specific responsibility ofavoiding or eliminating any
the franchise. interference to nonsubscribers reception;
(c) The grante.. shall at all times make and keep
within the county full and complete~ plans and ~3) That the system and all equipment be
records showing the exact location of all CATV sys- designed and rated for twenty-four-hour-per-day
tem equipment installed or in use in streets and other continuous operation;
public places in the county. (4) That the system provides a nominal signaJ
(d) The grantee shall fite with the county ievel of two thousand micro-voits at the input te: mi-
engineer, on or before the last day in March each nals of each TV receiver,
year, a.current map or set of maps drawn to scale (5) That the system signaI-to-noise ratio is noi
showing all C.aTV system equipment installed and less than forry decibels.
in place in streets and other public places of the (6) That hum modulation of the picture signal i!
countv. Iess than five percent;
(e) Copies of all petitions, applications, commu- (7) That the system use components having z
nications and reports submitted by the grantee to the VSWR of 1.4 or less;
` 235
129 9 PAGE ~..~0.3~0
~
, .
7.40.310 Application for franchise. (5) A copy of any contract, if existing, between
(a) Application for franchise shall be in writing, the applicant and any public utility providing for the
shall be filed with the cterk of the board of county use of facilities of such public utility, such as poles.
commissioners and shail contain the following infor- lines, or conduits.
mation: (6) A statement setting fonh all agreements and
(1) The name and address of the applicant. If the undentandings, whether written, oral or implied.
applicant is a partnership, the name and address of existing between the applicant and any person, firm.
each partner shall also be set forth. If the applicant is or corporation with respect to the proposed fran-
a corporation, the application shall also state the chise or the proposed CATV operacion. If a franchise
names and addresses of its officers, directors, main is granted hereafter to a person, firm, or corporation
ot~ices, major stocfcholders and the names and posing as a front or as the representative of another
addresses of parent, affiliated and subsidiary com-
panies. For the purpose of this chapter and of any ~~on, firm orcorporation, and such information is
franchise granted hereafter, a major stockholder not discIosed in the orig,inal application, such fran-
shall be defined as the owner of f ve percent or more chise shall be deemed void and of no force and effect
of the stock of any corporation. The county shall be whatsoever. Upon the granting of any franchise as
. entitled, by requiring reporu or by its own investig.a- contemplated in this chapter, the franchise shall,
tion, to determine the true ownenhip or control, throughout the life ofsuch franchise, keep the countv
indirect or direct, of any CATV system applying for fully informed with respect to the matters outlined in
franchise. The knowledge by the county of the true this section, and the failure to disclose such informa-
ownership or control of any CAN system regulated tion during the Iife of such franchise shall be consid-
by this chapter or any ordinance hereafter enacted ered a violation of the franchise, and subject such
granting a franchise, is declared to be in the public franchise, at the discretion of the boar,d, to be sus-
interest; and a continuing knowledge of the pended or terminated.
ownership and control of any franchise shall (7) A financial statement prepared by a certified
throughout the tife of the franchise continue to be of public accountant, or person otherwise satisfactory
public interest and of substantial import to the to the board, showing the applicant's financial status
county of Spokane. and his financial abiIity to complete the constructio❑
(2) A statement and general description of the and installation of the proposed CATV system. Such
CATV system proposed to be constructed, installed, statement shall include, in addition to the foregoing,
maintained, or operated by the applicant; the pro- s responsible estimate of the costs of construction
posed location of such system and its various com- and installation ofsuch CATV system and a detailed
ponents; the manner in which applicant proposes to statement of the financing of such cosu, including
construct, install, maintain and operate the same; the amount ofborrowed funds, ifany, which may be
and, particularly, the extent and manner in which required.
existing or future poies or other facilities of other (g) The board may at any time demand, and
public utilities wilI be used for such system. The applicznt shall provide, such supplementary, add.i-
application shall also specify the type and capaciry of tional, or other information as the board may deem
the equipment to be installed, and a grantee shall be reasonably necessary to determine whether a
required by the county engineer to update this sec-
tion of its proposal in keeping with the advances in requested franchise should De granted. The board
the state of the art of CATV systems design. . shall retain, throughout the life of any franchise
(3) A schematic drawing of the county of given in pursuance of this code, the right to demand
Spokane showing an overview ofthe proposed use of such supplemental, additional or other infonnation
public streets on which applicant proposes to con- as above noted, and upon proof of the failure to
struct, install, or maintain CATV equipment or supply such information upon reasonable demand,
facilities including a detailed description of thr the franchise under which any appticant may be
equipment or faciIities proposed to be utilized. operating shall be suspended upon order of the board
(4) A map showing and delineating the proposed until such information shall be forthcoming.
service area or areas within which applicant pro- (9) No franchise shall be granted pursuant to this
poses to provide C.aTV services and for which a chapcer until such time as the board, as part of a full
franchise wilt be applied for. public proceeding affording due process. shall have
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