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Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 34 — Cable Communications Regulations

Code as publishedas of 2026-05-27
Our copychecked by hand 2026-07-09
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§ 34-1

Title.

Sec. 34-1. Title.

This chapter shall be known as the "City of Atlanta Cable Communications Ordinance."

(Ord. No. 2009-51.1(94-O-1777), § 1.0, 11-28-94)
§ 34-2

Definitions.

Sec. 34-2. Definitions.

For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein.

Access cablecasting means that form of cablecasting wherein the production and content of the programming is under the control of a party other than a grantee, and wherein such programming is carried on certain channels dedicated for the use of individuals and groups within the city, subject to the provisions of the franchise, any related agreements between the city and the grantee, and any agreements between the city and the designated access channel users.

Alphanumeric means consisting of a combination of letters, numbers or other symbols, used in reference to electronic systems capable of generating messages in such form and in reference to channels or programs transmitting information in such form.

Basic service means, unless otherwise defined by the Cable Act or other laws or regulations of the United States of America, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station,, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required to be carried on the basic tier, and any additional video programming signals and services added to the basic tier by a grantee.

Broadcast means over-the-air transmission of a television or other radio frequency signal.

Cable Act means the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992) and the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat.

2779 (1984), which amend the Communications Act of 1934, and as hereafter amended.

Cablecast means transmission of a non-broadcast video, broadcast video, or other radio frequency signal through a cable system.

Cable service means the one-way or two-way transmission to subscribers of video programming or video, voice, data or other service as may be developed, including subscriber interaction. Cable service shall not include telephone services as defined and regulated by Georgia law.

Cable system or cable communications system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and which is provided to multiple subscribers within a community, but such term does not include

(A)a facility that serves only to retransmit the television signals of one or more television broadcast stations;
(B)a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of Communications Act of 1934, as it may be amended, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of said Communications Act of 1934, as it may be amended) to the extent such facility is used in the transmission of cable service directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems.

Cable system facilities means the cable communications system constructed for use within the city, including without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within or without the corporate limits of the city designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals, and video, voice, and data to and from subscribers, in the city and any other equipment or facilities located within the corporate limits of the city intended for the use of the cable communications system;

provided, however, such cable system facilities excludes building, contractual sites, facilities, and equipment where its sole use is for providing service to other cable system facilities located outside the city limits.

Closed-circuit or institutional service means such video, audio, data and other services provided to institutional users. These may include, but are not limited to, one-way video, two-way video, audio or digital signals transmitted among institutions and/or to residential subscribers.

Commercial subscriber means a subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession.

Complaint means a verbal or written indication from a subscriber of a problem with any aspect of cable service provided by grantee.

Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.

Council means the governing authority of the City of Atlanta, i.e., the city council.

Days means calendar days unless otherwise specified.

Discrete channel means a channel which can only be received by the person and/or institution intended to receive signals on such channel.

DROP means a service connection from feeder cable to the subscriber/user television set, radio or other terminal.

Educational access channel means any channel designated for educational use and which is provided by the grantee to the city at no charge to the city or the programmers of the channel.

Fair market value means the price that a willing buyer would pay to a willing seller for a going concern based on the cable system valuation prevailing in the industry at the time.

FCC means the Federal Communications Commission (the federal regulatory agency having jurisdiction on the effective date of this chapter) or such other federal regulatory agency as may have jurisdiction at any time during the term of any Franchise, or any extension thereto, granted pursuant to this chapter.

Franchise means a franchise contract entered into by the grantee, containing the specific provisions of the franchise granted, including referenced specifications, franchise proposal, applications and other related material. Franchises granted pursuant to this chapter shall grant nonexclusive rights to construct, operate and maintain cable communications systems along the streets and public grounds within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city.

Franchise area means the entire city, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the city, including all territory thereafter annexed to the city.

Franchise fee means the percentage, as specified by this chapter and the franchise, of the grantee's gross revenues.

Franchisee or grantee means any natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a franchise by the city.

Government channel or government access channel means any channel specifically designated or dedicated for government use and which is provided to the city by the grantee at no charge to the city or the programmers of the channel.

Gross revenues means all revenues received from subscribers for the provision of cable service or video service, including franchise fees for cable service providers and video service providers, and advertising and home shopping services revenues and shall be determined in accordance with generally accepted accounting principles. Gross revenues shall not include:

(1)Amounts billed and collected as a line item on the subscriber's bill to recover any taxes, surcharges, or governmental fees that are imposed on or with respect to the services provided or measured by the charges, receipts, or payments therefore; provided, however, that for purposes of this Code section, such tax, surcharge, or governmental fee shall not include any ad valorem taxes, net income taxes, or generally applicable business or occupation taxes not measured exclusively as a percentage of the charges, receipts, or payments for services;
(2)Any revenue, such as bad debt, not actually received, even if billed;
(3)Any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide cable service or video programming;
(4)Any amounts attributable to refunds, rebates, or discounts;
(5)Any revenue from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services other than cable service or video service, Internet access services, or directory or Internet advertising revenue, including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising. Where the sale of any such noncable or nonvideo service is bundled with the sale of one or more cable services or video services and sold for a single nonitemized price, the term "gross revenues" shall include only those revenues that are attributable to cable service or video service based on the provider's books and records; such revenues shall be allocated in a manner consistent with generally accepted accounting principles;
(6)Any revenue from late fees not initially booked as revenues, returned check fees, or interest;
(7)Any revenue from sales or rental of property, except such property as the subscriber shall be required to buy or rent exclusively from the cable service provider or video service provider to receive cable service or video service;
(8)Any revenue received from providing or maintaining inside wiring;

(9)

Any revenue from sales for resale with respect to which the purchaser shall be required to pay a franchise fee, provided the purchaser certifies in writing that it shall resell the service and pay a franchise fee with respect thereto; or

(10)Any amounts attributable to a reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming.

Installation means the connection of the cable system from feeder cable to the point of interconnection with subscriber-owned facilities.

Leased access channel means any channel designated or dedicated for use by persons unaffiliated with the grantee, at rates in accordance with the Cable Act.

Mayor means the Mayor of the City of Atlanta, Georgia, or his or her designee.

Non-cable service means any service which is distributed over the cable system other than a cable service.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.

Normal operating conditions means those service conditions which are within the control of the grantee.

Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Pay cable or premium service means those certain optional, video program services in addition to cable programming service, offered by a grantee at an additional charge beyond the monthly charge for each grantee basic service tier and equipment.

Plant mile means a linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

Public access channel, community access channel or community channel means any channel designated or dedicated for use by the general public or noncommercial organizations which is provided to the city by the grantee at no charge to the city or the programmers of the channel.

Public-rights-of-way or streets and public grounds means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right-of-way or hereafter held by the city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable communications system. No reference herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give.

Reasonable notice shall be a written notice received by the grantee at its principal office within the city or such other office as the grantee has designated to the city as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than ten days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said ten days, holidays recognized by the city shall be excluded.

Renegotiation means the right of a party to a franchise executed pursuant to this chapter to require the other party thereto to discuss and consider in good faith a proposal for a modification of a franchise, it being understood that unless and until the parties agree to a modification, their agreement shall remain in full force and effect.

Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.

Sale shall include any sale, exchange, barter or offer for sale.

Service means any cable service or non-cable service, including any basic service, or any other service, whether or not originated by a grantee which is offered to any subscriber in conjunction with, or distributed over the cable system.

Service area means the entire geographic area within the franchise territory.

Service interruption means the loss of picture or sound on one or more cable channels.

Service related activity means any activity or function associated with the production or distribution of any service over the cable system, including without limitation, use of studio or other facilities or equipment, billing, audience promotion, or installation or lease of equipment.

State means the State of Georgia.

Subscriber means any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by the grantee in the operation of a cable communications system.

Upstream signal means a signal originating from a terminal to another point in the cable communications system including video, audio or digital signals for either programs or other uses such as security alert services, etc.

VTR/VCR service means that service which makes available a second converter and necessary equipment to provide subscribers with the ability to record programming from one converter while viewing programming from the second converter.

(Ord. No. 2009-51.1(94-O-1777), § 2.0, 11-28-94; Ord. No. 2009-51(09-O-1222), § 1, 9-11-09)
§ 34-3

Grant of non-exclusive franchise.

Sec. 34-3. Grant of non-exclusive franchise.

(a)Grant. Grantees which are determined, in the discretion of the council, to meet the standards and requirements set forth herein to provide a modern cable communications system to the residents and institutions of the city may be granted, subject to the provisions hereof, a nonexclusive right, privilege and authority to erect, install, construct, repair, replace, reconstruct, maintain, retain, operate and provide cable service in, over, under, upon, across and along any street, way, lane, avenue, sidewalk, alley, and other public place, now laid out or dedicated and all extensions thereof and additions thereto in the City of Atlanta, Georgia, such poles, towers, necessary wiring, lines, cables, fiber optics, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the purpose of the transmission and distribution of audio, visual, electronic and electric impulses, and other forms of electronic and electric signals through cables and/or wires, commonly called a cable system, in accordance with the Cable Act and other laws and regulations of the United States of America, and the State of Georgia, and the Ordinances and regulations of the city.

All rights granted herein to provide cable service shall not be construed to include telephone services, as defined and regulated by Georgia law and as traditionally required by the city to be obtained by separate franchise, but upon application of any grantee for a telephone franchise, any portion of the rights granted herein may be redesignated as a part of such telephone franchise, if appropriate. Nor shall such rights be construed to authorize the license or lease to any person or entity of the right to occupy or use the public rights-of-way for the conduct of any private business unless such person or entity has obtained a franchise or right-of-way agreement from the city for such use.

There shall be granted a further non-exclusive right, privilege, and authority to each grantee to lease, rent, or in any other lawful manner obtain the possession or use of towers, poles, lines, cables, conduit, and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City of Atlanta, including but not limited to the Southern Bell Telephone Company and the Georgia Power Company, and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future Ordinances and regulations of the city. The poles used by a grantee other than those owned by each grantee, shall be those erected and maintained by existing public utility systems or those owned by the city, when and where practicable, provided mutually satisfactory agreements can be entered into with said utility systems and with the city by separate agreements subject to the provisions of the Cable Act and state law.

All rights granted for the construction and operation of the cable communications system shall be subject to the continuing right of the city to require such reconstruction, relocation, change or discontinuance, of the appliances used by the cable communications system in the streets, alleys, avenues, and highways of the city, as shall in the reasonable opinion of the city be necessary in the public interest.

The application for and the acceptance of a franchise by a grantee under this chapter shall constitute by said grantee an acknowledgement of and consent to the provisions of this chapter as it may be amended; provided, however, that any amendment to this chapter binding on the grantee shall be confined to the lawful exercise of the city's police powers and to changes which do not materially alter the rights of the grantee under the franchise. The granting of a franchise hereunder shall not prevent the city from granting a franchise to any person other than the grantee.

(b)General ordinances. Any franchise granted by the city is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the city regarding permits, taxes, fees to be paid, or manner of construction. (Ord. No. 2009-51.1(94-0-1777), § 3.0, 11-28-94)
§ 34-4

Application procedure and franchise.

Sec. 34-4. Application procedure and franchise.

(a)Applications. Before any person, firm or corporation shall be allowed to proceed with the installation of its cable system hereunder, it shall first file an application for such franchise with the bureau of purchasing and real estate of the city in the form of a response to a request for proposal prepared by the city which includes but is not limited to, the following information: applicant's name and address; the date and place of incorporation if applicant is incorporated; a list of the names and addresses of stockholders, directors and officers of applicant if incorporated; the most recent certified balance sheet of the corporation or partnership or a sworn statement of net worth if the applicant is an individual; location of all other cable operations of the applicant; location and telephone numbers of all offices and facilities inside and outside the city to be used in building, operating, and maintaining the cable communications system in the city; the means of erecting wires contemplated by applicant; names of companies from which permission has been obtained to use existing poles or lines; plans (including a map) and timetable of construction and expansion of the cable system; plan of financing the cable system; financial projections for the cable system; a plan showing the effects of competition or interconnection with any existing franchise; cable system design, capacity, equipment, and performance specifications; operations, maintenance, and construction practices; programming and other services; rates; public, educational, and government access channels, equipment, facilities, and services; institutional network facilities, equipment, and services; EEO and affirmative action plans; equal business opportunity plans; customer service and consumer protection policies and procedures; and such other information as may be required by the city.

Application shall also include policies or certified copies of said policies of insurance and indemnification as prescribed by this chapter; a certified check in the amount of $35,000.00, plus cost of living adjustments based on CPI-PI published by the United States Department of Commerce determined from the initial date of adoption of this chapter, as a non-refundable filing fee, payable to the city; an agreement to comply with and be bound by all ordinances of the city existing as of the date of the issuance of the franchise as may be amended as provided herein.

The mayor shall review the application and may request related information from the applicant, and shall thereafter make a recommendation to the council. Following its review of the application and related information the council, in its sole discretion, shall either grant or deny the application. Upon granting the application, the council shall, by ordinance, authorize the mayor to execute a franchise with the applicant.

(b)Franchise. Each grantee shall execute a franchise consistent with this chapter which shall meet the cable communications needs of the community and which shall include the following items:
(1)Acknowledgement of the regulatory authority of the city and the legal right of the city to issue a franchise and to grant other franchises for cable communications systems.
(2)Agreement to be bound by all terms of the cable ordinance.
(3)Term of franchise.
(4)Provisions for service to residential and commercial areas, and single-family and multi-family dwellings.
(5)Detailed description of the cable system design, cable system capacity, and equipment to include without limitation, the bandwidth capacity; the number of homes served per fiber node; the equipment for the distribution cable system, the headend, status monitoring and reception of signals; converter specifications; emergency override capability; standby power capacity; parental control devices; stereo capability; and audio scrambling capability.
(6)Schedule for the installation of all equipment necessary to become operational throughout the entire franchise area.
(7)Technical standards, performance specifications, and testing procedures for the cable system.
(8)Franchisee's ongoing preventive maintenance plan and construction practices.
(9)Information relating to programming services to be offered.
(10)Bandwidth capacity on the cable system for city use.
(11)Plans for maintaining state of the art technology and improving cable system facilities.
(12)Construction standards in conformance with all local, state, and federal laws and regulations.
(13)Public, educational, and government access channels, equipment, facilities, and services to be provided.
(14)Cable drops and services to be provided at no charge.
(15)Institutional network equipment, facilities, and services to be provided.
(16)Interconnection between jurisdictions to be provided.
(17)Customer service and consumer protection policies and procedures which meet or exceed local, state, and federal standards.
(18)Equal employment opportunity, equal business opportunity, first source jobs, and business non-discrimination plans which comply with city law.
(19)Sale of cable system provisions.
(20)Franchise fee provisions.
(21)Performance bond provisions in an amount required by the city.
(22)Insurance provisions in an amount required by the city.
(23)Indemnification and defense of litigation provisions.
(24)Records and reports provisions as the city deems necessary and appropriate to review the performance of the franchisee with respect to the franchise, the Cable Ordinance, and applicable laws and regulations.
(25)Security fund and liquidated damages provisions.
(26)Such financial commitments as may be required pursuant to the franchise.
(27)Such other requirements as the city may include in a request for proposal for cable communications systems.
(Ord. No. 2009-51.1(94-0-1777), § 4.0, 11-28-94)
§ 34-5

Ownership.

Sec. 34-5. Ownership.

Grantee Ownership. Except as otherwise provided herein, each grantee shall at all times during the term of the franchise and any extension thereto, be the owner of, or have possessory rights to, all facilities and property, real and personal, of the cable system. (Ord. No. 2009-51.1(94-0-1777), § 5.0, 11-28-94)

§ 34-6

Service area, cable system, construction.

Sec. 34-6. Service area, cable system, construction.

(a)Service area. Each grantee shall provide cable service to the franchise area authorized by the city which may include territory annexed to the city which is not already served by another cable system, provision of cable service to commercial areas shall be in accordance with the franchise.
(b)Cable system. Each grantee shall install a broadband telecommunications system capable of distributing at least 78 NTSC television channels or their equivalent, said cable system to be installed, maintained, operated and upgraded in accordance with the generally accepted standards of the cable communications industry, the Federal Communications Commission's Cable Television Technical Standards, and any requirements contained in the franchise.
(c)Construction.
(1)Compliance with construction and technical standards. No franchise shall be approved which does not provide that the grantee shall construct, rebuild, install, operate and maintain its cable system in a manner consistent with all laws, construction standards and codes, safety regulations, governmental requirements, FCC technical standards, Bellcore Manual of Construction Procedures ("Blue Book"), and detailed technical standards provided for in the franchise. The grantee, through the cable system, shall provide uniform, strong signals which are free from any significant distortion and interference. The cable system shall be designed, constructed, operated and maintained for 24-hours-aday continuous operation. The cable system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any noticeable interference or distortion which would cause any material degradation of video or audio quality.

The cable communications system permitted to be operated shall be installed and operated in conformance with this cable ordinance, the franchise, and FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities (unless invalidated by federal law) shall be deemed to be regulations under this chapter. At such time as the FCC does not regulate technical standards, grantee will continue to comply with the FCC standards which were effective prior to such discontinuance of regulation by the FCC.

(2)City approval of construction plans. Prior to the erection of any towers, poles or conduits or the upgrade, rebuild, or extension of the cable communications system under this chapter, the grantee shall first submit to the city and other designated parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with maps and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit, or fixture or any upgrade, rebuild, or extension of the cable communications system shall be commenced by any person until approval therefor has been received from the city.
(3)Joint use of facilities. Grantee shall grant to the city, free of expense, joint use of any and all poles and up to 25 percent of any unused conduit space owned by it for any proper municipal purpose, insofar as it may be done without interfering with the free use of grantee's own wires and fixtures. Proper regard shall be given to all existing safety rules covering construction and maintenance in effect at the time of construction. If, in accommodating the city's joint use of its poles, grantee is required to change or replace poles or install new poles, the city shall compensate grantee for such additional expense.
(4)Tests and performance monitoring. Not later than 30 days after any new or substantially rebuilt portion of the cable system is made available for service to subscribers, and thereafter annually, the grantee shall conduct technical performance tests to demonstrate full compliance with all applicable technical standards contained in this chapter and the franchise, and the technical standards and guidelines of the FCC.
(Ord. No. 2009-51.1(94-0-1777), § 6.0, 11-28-94)
§ 34-7

Bond, security fund, and liquidated damages.

Sec. 34-7. Bond, security fund, and liquidated damages.

(a)Performance bond. Upon being granted a franchise, a grantee shall file with the chief financial officer of the city and shall thereafter during the period of the franchise maintain in full force and effect a corporate performance bond or other adequate surety agreement acceptable to the city, in its sole discretion, in the amount of $250,000.00 to guarantee grantee's performance of all obligations under the franchise. The bond shall be so conditioned that in the event that grantee, other than for reasons beyond grantee's control, shall fail to meet the yearly time schedule for the installation of all necessary equipment, as required herein, the city may call upon the surety to complete the installation work scheduled for that year.
(b)Security fund.
(1)Initial deposit. Immediately upon execution of a franchise, the grantee shall deposit with the chief financial officer (or upon direction to a designated depository as provided in the next succeeding paragraph) of the city, and maintain on deposit throughout the term of the franchise, the sum of $35,000.00 as security for the faithful performance by the grantee of all the provisions of the franchise, compliance with all orders, permits and directions of any agency of the city having jurisdiction over the grantee's acts or defaults under the franchise, and the payment by the grantee of any claims, liens and taxes due the city which arise by reason of the construction, ownership, operation or maintenance of the cable system.

The city shall cause the deposit of the security fund in an interest-bearing account, payable, in whole or in part, solely to the city only upon demand. Interest on the security fund, as accrued, shall be withdrawn and paid to the grantee semiannually by the city; provided that, until paid, all such accrued interest shall be subject to withdrawal by the city for the same purposes for which the security fund is subject to withdrawal.

(2)Withdrawal from security fund. If the grantee fails to pay the city any compensation within the time fixed herein; or, fails, after ten days' notice to pay to the city any taxes due and unpaid; or fails to repay to the city, within such ten days, any damages, costs or expenses which the city shall be compelled to pay by reason of any act or default of the grantee in connection with the franchise or this chapter; or fails to pay any liquidated damages after three days from receipt of a decision of an arbitration panel confirming said liquidated damages pursuant to section 34-7(c)(4) (below); the chief financial officer of the city may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the chief financial officer of the city shall notify the grantee of the amount and the date thereof.
(3)Replenishment of security fund. Within 20 days after notice to it that any amount has been withdrawn pursuant to section 34-7(b)(2) above, from the security fund deposited pursuant to section 34-7(b)(l) above, the grantee shall pay to, or deposit with, the chief financial officer of the city, a sum of money sufficient to restore such security fund to the original amount of $35,000.00.
(4)Disposition of security fund. Amounts received by the city from the grantee, whether directly paid by the grantee to the city or withdrawn from the security fund by the city, may be used by the city for any purposes it deems fit. The grantee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit with the chief financial officer of the city, at the expiration of the term of the franchise, provided that there is no outstanding default on the part of the grantee. The city shall return the balance of the security fund to the grantee within 90 days of the expiration of the franchise.
(c)Liquidated damages.
(1)Determination and assessment. Upon a determination by the city that the grantee has violated any of the material provisions of the franchise, or has, after reasonable written notice from the city, repeatedly failed to comply with other provisions of the franchise or this cable ordinance, the city shall direct the grantee by written notice sent certified mail, return receipt requested, to correct such violation within a time and manner and upon such terms as are reasonable. Upon failure of the grantee to correct the violation within the reasonable time and upon the reasonable terms as the city may direct, the city may assess the grantee and the grantee agrees to pay to the city, liquidated damages in accordance with the schedule of liquidated damages set forth in section 34-7(c)(4). Because the grantee's failure to comply with certain material provisions of the franchise and this cable ordinance will result in injury to the city, its residents and/or to subscribers, and because it will be difficult to estimate the extent of such injury, the city and the grantee hereby agree that the liquidated damages stated herein represent both parties' best estimate of the damage resulting from the specified injury. Such assessment shall not constitute a waiver by the city of any other right or remedy it may have under this chapter, or under applicable law, including, without limitation, its right to recover from the grantee and its sureties such additional damages, losses, costs and expenses as may have been suffered or incurred by the city by reason of, or arising out of, such breach of this chapter.

arbitration panel confirming said liquidated damages in whole or in part. The decision of the arbitration panel shall be final and binding upon the parties hereto.

Arbitrable matters shall be determined by a panel of three arbitrators. One arbitrator shall be appointed by the city, one by the grantee, and the third by the first two arbitrators appointed pursuant to this section. The expenses of the arbitration, including the fees of the arbitrators, shall be borne by the parties in such manner as the arbitrators may provide in their award. The determination of a majority of the arbitrators shall be binding on the parties.

(4)Schedule of liquidated damages. Pursuant to section 34-7(C)(1) above, the following liquidated damages shall be chargeable to the security fund on a per day basis. The determination of the date of commencement of the liquidated damages shall be determined at the time of the decision by the arbitration panel:
a.For failure to complete construction or extend service in accordance with franchise for reasons not beyond grantee's control: $l,000.00/day for each day the violation continues;
b.For failure to make franchise fee payments as required: $375.00/day for each day the violation continues;
(2)Notification. Upon the city's assessment of liquidated damages pursuant to section 34-7(C)(1) above, written notice of such assessment shall be sent to the grantee by certified mail, return receipt requested, with a concise statement of the reason(s) therefor.
(3)Arbitration. Within ten days after the grantee has received a notice from the city pursuant to section 34-7(c)(2) above, the grantee may request arbitration. Pendency of the arbitration procedure shall suspend payment of liquidated damages until three days after mailing to the grantee by first-class mail of the decision of the
c.For failure to comply with provisions of the franchise for public, educational and government access: $250.00/day for each day the violation continues;
d.For failure to comply with provisions of the franchise for the municipal network for reasons not beyond grantee's control: $500.00/day for each day the violation continues;
e.For violation of consumer protection requirements and customer service standards required by the franchise, this chapter, or by FCC regulation: $250.00/day per standard violated;
f.For violation of the equal employment opportunity and equal business opportunity requirements of the franchise and this chapter: $250.00/ day for each day the violation continues; and
g.For violation of other material provisions of the franchise or this chapter: $250.00/day for each day the violation continues.

No damages shall be chargeable for violations which are minor, isolated, trivial or de minimis in nature, or which occur as a result of force majeure. As used herein the term "force majeure" shall mean, without limitation, the following: acts of God; strikes, orders of any kind of the city, of the government of the United States of America or the state or any of their respective departments, agencies or officials, or any civil or military authority; insurrections, riots; epidemics; landslides; lightning; earthquakes; fire; storms; floods; washouts; droughts; arrests; restraints of government and people; civil disturbances; explosions; partial or entire failure or unavailability of utilities; or any other cause or event not reasonably within the control of the franchisee (specifically, not including the availability of funding from any financing source). (Ord. No. 2009-51.1(94-0-1777), § 7.0, 11-28-94)

§ 34-8

Insurance and indemnification.

Sec. 34-8. Insurance and indemnification.

(a)Insurance.
(1)Requirements. Prior to commencement of construction, but in no event later than 60 days after the effective date of the franchise and thereafter continuously throughout the duration of the franchise and any extensions or renewals thereof, the grantee shall meet the insurance requirements of the city as established by the city's chief financial officer. The city shall reserve the right to inquire periodically into the adequacy of any grantee's insurance coverage and, from time to time, the city may require, and the grantee shall furnish, reasonable changes in such policies to reflect changing liability limits and/or to compensate for inflation.
(2)No liability limit. None of the provisions of this chapter or any insurance policy required herein, or any damages recovered by the city hereunder, shall be construed to excuse the faithful performance by or limit the liability of grantee under this chapter or the franchise for damages either to the limits of such policies or otherwise.
(3)Financial security requirements. Any and all companies providing insurance required by this chapter must meet certain minimum financial security requirements set forth below. These requirements conform to the ratings published by A.M. Best & Co. in the current Best's Key Rating Guide - Property Casualty. The ratings for each company must be indicated on the Acord Certificate of Insurance Form.
a.Best's Rating not less than B and current.
b.Best's Financial Size Category not less than Class XIII.
c.Companies must be authorized to conduct and transact insurance contracts by the Insurance Commissioner, State of Georgia; furthermore, all bid, performance and payment bonds must be a U.S. Treasury Circular 570 listed company.
(4)Additional insured. The city shall be covered and named as an additional insured for all insurance policies written under the provisions of this chapter or the franchise. Confirmation of this shall appear on all said policies and certificates of insurance.
(5)Commercial general liability insurance. The grantee shall purchase, and will maintain throughout the term of the franchise, general liability insurance insuring the grantee in the minimum of:
a.$1,000,000.00 for property damages per occurrence;
b.$2,000,000.00 for property damage aggregate;
c.$5,000,000.00 for personal bodily injury or death to any one person; and
d.$10,000,000.00 bodily injury or death aggregate per single accident or occurrence,
(6)Policy inclusions. Such general liability insurance must include coverage for all of the following: commercial form, premisesoperations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(7)Automobile liability insurance. The grantee shall purchase, and will maintain throughout the term of the franchise, automobile liability insurance for owned, non-owned, hired, or leased vehicles in the minimum amount of:
a.$1,000,000.00 for bodily injury and consequent death per occurrence;
b.$1,000,000.00 for bodily injury and consequent death to any one person; and
c.$500,000.00 for property damage per occurrence.
(8)Workers' Compensation and Employer's Liability Insurance. The grantee shall purchase and will maintain throughout the term of the franchise, worker's compensation and employer's liability, valid in the state, in the minimum amount of:
a.Statutory limit for Workers' Compensation;
b.$100,000.00 for bodily injury by accident/disease, each accident;
c.$100,000.00 for bodily injury by accident/disease, each employee; and
d.$500,000.00 for bodily injury by accident/disease, each policy limit.
(9)Subcontractors. If grantee employs any subcontractor who does not obtain insurance in his or her name, then the grantee will either cover such subcontractor by obtaining endorsements to be attached to its policies or require the subcontractor to obtain the necessary insurance coverage. In no event will the subcontractor be allowed to commence work on the project covered by the franchise unless and until certificates of insurance for the necessary types of insurance are provided.
(10)Self-insurance. Grantee shall be allowed to provide in above-referenced types and amounts of insurance through self-insurance. The city shall have the right to request reasonable information to assure itself that grantee has the necessary financial resources to self-insure. The city shall not unreasonably withhold approval from grantee to self-insure.
(b)Indemnification. The grantee agrees to indemnify, save harmless and defend the city, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury or losses to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to-have arisen out of or in connection with the work covered by the franchise and performed or caused to be performed by the grantee; provided, however, the grantee shall not be liable for the negligent acts of the city and its employees. The grantee shall also pay for the cost to the city of defending in any court any action brought against the city arising out of the operations of the grantee hereunder. The grantee shall carry insurance in the above-described amounts to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result directly or indirectly from or by reason of such loss, injury or damage. All insurance required shall be written with a company or companies approved by the city and shall remain in full force and effect for the entire term of the franchise. Grantee shall provide to the city certificates of insurance evidencing that the insurance required herein is in full force and effect. (Ord. No. 2009-51.1(94-0-1777), § 8.0, 11-28-94)
§ 34-9

Compensation.

Sec. 34-9. Compensation.

(a)Franchise fee. Each grantee shall pay the franchise fee hereinafter set forth. In exchange for the rights granted pursuant to this chapter and under the franchise, each grantee shall pay to the city on a monthly basis a franchise fee, as specified in its franchise. Such payment by the grantee to city shall not be in lieu of any occupation tax, license tax, or similar levy, property tax, or any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers).
(b)Failure to make required payment. In the event that any franchise payment or recomputed amount is not made on or before the dates specified herein, grantee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal to the commercial prime interest rate of the city's primary depository bank during the period that such unpaid amount is owed.
(c)Payments to be made monthly. The franchise fee and any other cost or damages assessed shall be payable monthly to the City of Atlanta. The grantee shall file a complete and accurate verified statement, itemized by category and for the franchise area only, of all gross revenue as defined in section 34-2 showing subscriber revenues from each and every category of service and non-subscriber revenues from each and every source during the period for which said monthly payment is made. Said payment shall be made to the city not later than 30 days after the expiration of each calendar month.
(d)The city right to 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 chapter. Audits shall be at the expense of the city; provided that if such audit estabfishes that grantee is in arrears of more than five percent, grantee shall reimburse the city for reasonable audit expenses. Any additional amount due to the city as a result of the audit shall be paid within 30 days following written notice to the grantee by the city which notice shall include a copy of the audit report.
(e)Use of franchise fees. Consistent with the cable act, use of the funds derived from franchise fees shall be at the sole discretion of the city. (Ord. No. 2009-51.1(94-0-1777), § 9.0, 11-28-94)
§ 34-10

Rate regulation.

Sec. 34-10. Rate regulation.

(a)Regulation. Subject to the provisions of applicable laws and regulations, the city shall have the authority to regulate the rates of the grantee. The mayor, or his designee, is authorized to execute on behalf of the city and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC rate regulations in order to enable the city to regulate basic service rates and charges.
(b)Nondiscriminatory rates. Grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee in its sole discretion from offering (i) discounts to multiple family dwelling subscribers billed on a bulk basis; (ii) promotional discounts; (iii) reduced installation and service rates for subscribers who have multiple services; (iv) discount for senior citizens and/or low income residents; or (v) commercial rates. Grantee's charges and rates for applicable services shall be itemized on subscribers' monthly bills. (Ord. No. 2009-51.1(94-0-1777), § 10.0, 11-28-94)
§ 34-11

Consumer protection.

Sec. 34-11. Consumer protection.

Each grantee shall, at a minimum, meet the customer service standards released by the Federal Communications Commission on April 7, 1993, or any standards subsequently adopted by the FCC which supersede those released on April 7, 1993. Should grantee not meet the FCC customer service standards or any customer service standards set forth in this chapter or the franchise for two consecutive quarters, grantee shall submit to the city a written plan which describes the corrective action that the grantee is taking and plans to take to ensure compliance within a reasonable period of time. The city reserves the capable of responding to subscriber comright to promulgate new, revised or additional plaints or requests for service within 24 customer service standards.

hours after receipt of the complaint or Each grantee shall also comply with the conrequest.

sumer protection and customer service provisions (4) Complaint procedures. Each grantee shall of its franchise and with, at a minimum, the ensure that all subscribers, programmers, following:

and members of the general public have

(1)Business office. Each grantee shall be required to establish, operate and maintain in the city a conveniently located walk-in facility for the purpose of receiving inquiries, requests and complaints concerning all cable services, all aspects of the construction, installation, operation, and maintenance of the cable system, all aspects of billing policies and procedures, and for the payment of subscribers' service charges. Saud facility shall recourse to a satisfactory complaint resolution procedure. Each grantee shall present to the city, no later than three months after the execution of its franchise, a set of rules, regulations, and procedures concerning the handling and settling of complaints. Provided, further, that each grantee shall provide its subscribers with copies of procedures for filing complaints, and shall provide additional copies to any persons on request.

be open during normal business hours. (5) Complaint records. Written complaints re Grantee shall provide all subscribers or ceived by grantee and service complaint users with at least 30 days' prior notice of summary reports shall be maintained for a change in said facility's business hours.

at least a five-year period. Aggregate data The facility shall maintain a staff adebased upon these written complaints shall quate to process complaints and requests be made available for inspection by the for installation, service or repairs, and to city. Service complaint summary reports conduct other business in a timely and shall include verbal and written comefficient manner. Additional offices and plaints and shall be segregated by type payment stations to be provided by the and category of complaint.

grantee shall be included in the franchise.

(2)Telephone service. The grantee shall have a listed, toll free, staffed telephone number for service calls available 24 hours a day, seven days a week. Said number shall be made available to subscribers and the general public. Grantee shall add additional phone lines when existing lines are substantially utilized.

The grantee shall provide an unlisted, toll

(6)Non-discrimination. All cable services shall be offered throughout the franchise area on a non-discriminatory basis. Grantee shall not refuse service to any resident who will not provide his or her social security number; however, grantee may require subscribers who do not provide their social security numbers to pay no more than two months of monthly service, deposits, and other applicable connection free telephone number to the city and charges in advance of connection to the utility companies to enable the city or cable system. Nothing in this chapter utility companies to reach the grantee in shall be construed to prohibit test marketcase of emergency on a 24-hour, sevendays-a-week basis.

The grantee shall prominently display its business and service telephone numbers on each monthly subscriber statement.

ing.

(7)Subscriber solicitation. Each grantee representative and all other grantee employees entering upon private property shall be required to wear an employee identifi
(3)Repair response. Each grantee shall maincation card issued by grantee and bearing tain a repair and trouble-shooting force a picture of said representative.
(8)Sales and annual information. Upon inperson solicitation of service or connection of cable service and annually thereafter, and at any time upon request, grantee shall furnish to each subscriber or potential subscriber a simple, but complete written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing, rebates, and service calls; procedures for ordering changes in or termination of services; complaint procedures; information regarding the availability of parental control devices; a complete statement of the subscriber's right to privacy in conformance with Section 631 of the Communications Act of 1934, 47 U.S.C.; information concerning the utilization of video cassette recorders (VCRs) with cable service(s) and the cost for hooking up such VCRs so that they function as manufactured. Such written materials shall clearly disclose the price and other information concerning grantee's least costly service.
(9)Information with respect to viewing habits and subscription decisions. Grantee shall at all times comply with the protection of subscriber privacy provisions of the Cable Act and all laws governing subscriber privacy. The city reserves the right to promulgate new laws governing subscriber privacy.
(10)Subscriber and user contracts. Grantee will include the following provision in every contract agreement between grantee and any subscribers or user;

The subscriber/user as part of this contract, has certain rights of privacy restricting the collection and publication of personal information under the control of (name of grantee), including without limitation, information regarding program selections or service uses. (Name of grantee) shall make available upon the request of the subscriber/user further description of said rights as established in its chapter and franchise with the City of Atlanta. (Ord. No. 2009-51.1(94-0-1777), § 11.0, 11-28-94)

§ 34-12

Equal employment opportunity and equal business opportunity (EEO and EBO).

Sec. 34-12. Equal employment opportunity and equal business opportunity (EEO and EBO).

Each grantee shall comply with the city's requirements for contractors with respect to equal employment opportunity, equal business opportunity, first source jobs, and business non-discrimination. (Ord. No. 2009-51.1(94-0-1777), § 12.0, 11-28-94)

§ 34-13

Term and renewal of the franchise.

Sec. 34-13. Term and renewal of the franchise.

(a)Term. The term of the franchise shall be specified in the franchise.
(b)Renewal. Upon completion of the term of any franchise granted under this chapter, the city may grant or deny renewal of the franchise of the grantee in accordance with the provisions of the Cable Act. Discussions between the city and a grantee of each grantee renewal request shall include, but not be limited to, all terms and conditions of the franchise, such additional requirements as either party may request, whether the grantee has complied with the terms and conditions of its franchise, and the provision of a state-of-the-art cable system. The city's consideration of each grantee request for renewal shall be in accordance with the renewal of provisions of the cable act. The grantee shall own the cable communication system, but shall have no right to use of public rights-of-way upon the expiration of the franchise term. Upon notice to the grantee at least 30 days prior to expiration of the franchise, the city may direct the grantee to operate the cable system for a period of time not to exceed 12 months under the same terms and conditions and with the same rights and privileges as existed under the non-renewed franchise, and the company agrees to comply with such direction.
(c)Application fee. A grantee may file an application for a renewal of a franchise and upon filing shall be required to pay an application filing fee payable to the City of Atlanta in the amount of $35,000.00, plus cost of living adjustments based on CPI-PI published by the United States Department of Commerce determined from the initial date of adoption of this chapter.
(d)City right of first purchase. In the event of non-renewal as permitted by the cable act, the city reserves the right of first purchase of the cable system in accordance with the provisions set forth in section 34-16 of this chapter. If the city does not exercise its right to purchase the cable system, then such grantee shall be free to sell the physical assets of the cable system, in place, to any operator subject to city approval of such sale. If the grantee does not sell its assets, the city may require such grantee to remove, at its own expense, all portions of the cable system from all public ways and places within the franchise area. (Ord. No. 2009-51.1(94-0-1777), § 13.0, 11-28-94)
§ 34-14

Assignment and transfer.

Sec. 34-14. Assignment and transfer.

(a)Transfer of franchise. Any franchise granted hereunder shall not be sold, transferred, leased, assigned or disposed of, by means including but not limited to, transfer by force or voluntary sale, merger, consolidation, receivership, hypothecation or other means, nor shall the control of the grantee be changed, without the prior consent of the city, which consent shall not be unreasonably withheld, In this regard, the city may inquire into, and determine to its reasonable satisfaction, the legal, financial, character, technical and other public interest qualifications of the prospective controlling party, and the grantee shall assist in any such inquiry. Failure to provide all information reasonably requested by the city as part of said inquiry shall be grounds for denial of the proposed change, transfer, or acquisition of ownership or control. The city may impose conditions on its consent regarding the technical, operating, customer service, and financial aspects of the cable system as well as the transferee's acceptance of conditions related to past non-compliance with this chapter or the franchise. The grantee shall cooperate with and respond to any city inquiry on whether any change of control has taken place.
(b)City right of first purchase. The city reserves the right of first purchase in any sale, transfer, lease, assignment or disposal of the cable system in accordance with the terms set forth in section 34-16 of this chapter.
(c)Transfer application fee. Upon requesting city consent as provided in section 34-14(a), the Grantee shall be required to pay a transfer application fee in the amount of $25,000.00, plus cost of living adjustments based on CPI-PI published by the United States Department of Commerce determined from the initial date of the adoption of this chapter. (Ord. No. 2009-51.1(94-0-1777), § 14.0, 11-28-94)
§ 34-15

Revocation and cancellation.

Sec. 34-15. Revocation and cancellation.

(a)Revocation. Subject to the provisions of this section 34-15, the city may revoke a franchise granted pursuant to this chapter in the event of any of the following after notice and an opportunity for cure by the grantee as provided in section 34-15(b):
(1)The grantee defaults in the performance of any of the material obligations under this chapter or under such documents, contracts and other terms and provisions entered into by and between the city and the grantee.
(2)The grantee fails to provide or maintain in full force and effect the liability and indemnification coverage, performance bond, or the security fund as required herein.
(3)The grantee violates any substantial and material final orders or rulings no longer subject to review, reconsideration or appeal of any regulatory body having jurisdiction over the grantee relative to this chapter or the franchise.
(4)The grantee evades any of the material provisions of this chapter or the franchise or practices any fraud or deceit upon the city or cable subscribers.
(5)The grantee substantially fails to comply with the construction standards and schedule in the franchise for reasons not beyond the grantee's control.
(6)The grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt.
(7)The grantee has failed to restore service after 96 consecutive hours of service areawide interrupted service, except for reasons beyond the grantee's control.
(8)The grantee has permanently ceased to provide service over the cable communications system for any reason not beyond the grantee's control.
(9)The grantee substantially fails to meet the requirements regarding cable system characteristics or technical performance standards as provided in this chapter or the franchise.
(10)The grantee substantially fails to comply with the access or municipal network provisions of this chapter or the franchise.
(11)The grantee fails to comply with material customer service standards as provided in this chapter or the franchise.
(12)The grantee fails to make franchise fee payments as provided herein.
(13)The grantee repeatedly fails to comply with material EEO or EBO provisions of this chapter or the franchise.
(14)The grantee materially misrepresents facts in the application for or negotiation of the franchise or any extension or renewal thereof.

The use of the term "beyond the grantee's control" in this section 34-15(a) shall have the same meaning as the term "force majeure" as set forth in section 34-7(c)(4).

(b)Procedure prior to revocation. The mayor shall give written notification to the grantee and to the council at any time that one or more of the violations set forth in section 34-15(a) are deemed to exist.
(1)In the event the violation continues for a period of 60 days following such written notification without good faith action by the grantee to cure or initiate action to cure the violation, the mayor may request the council to revoke the franchise.
(2)The council shall consider the request of the mayor for revocation and in connection therewith shall, with not less than 15 days' prior written notice to the grantee, hold a public hearing, following advertisement to the public in a newspaper of general circulation in the community, at which time it shall hear any persons interested therein. Grantee shall have the right at such public hearing to address the issue of violations and to respond to any public or city concerns. The council shall then determine whether or not any such violation has occurred and warrants revocation of the franchise.
(3)If the council shall determine that such violation by the grantee occurred and warrants revocation of the franchise, then the council may, by ordinance, declare that the franchise is revoked and forfeited unless there be compliance by the grantee within such period as the council may fix to cure any violation determined to have occurred within such time and manner and upon such terms and conditions as are reasonable.
(4)The revocation and forfeiture of any franchise shall in no way affect any of the rights of the city under any provision of law or ordinance.
(c)Failure to operate. In addition to the procedures set forth above complete failure of a grantee to operate or otherwise make any use of the cable system for a continuous period of 12 months shall serve automatically to terminate the franchise, and the city shall have the option to purchase the cable system as provided herein.
(d)City option to purchase. Upon non-renewal or revocation for cause, or termination or cancellation pursuant to section 34-15(c), 34-15(e) or 34-15(f) of a grantee's franchise and any extensions thereto pursuant to the terms of this chapter, the city may, at its option, purchase the cable system as provided in section 34-16 herein subject to the provisions of the cable act. If the city does not exercise its right to purchase the cable system, then such grantee shall be free to sell the physical assets of the cable system, in place, to any operator, subject to city approval, to provide cable service in the city. If the grantee does not sell its assets, the city may require such grantee to remove, at its own expense, all portions of the cable system from all public ways and places within the franchise area.
(e)Cancellation upon foreclosure or judicial sale. Upon the foreclosure or other judicial sale of all or a substantial part of the cable system, an affected grantee shall notify the city of such fact within ten days of its occurrence, whereupon the city shall have the right to cancel the franchise unless, (a) within 90 days after the foreclosure or other judicial sale, the purchaser at such sale shall have fully complied with all provisions of this chapter and remedied all defaults under the franchise; and (b) such purchaser, within said 90-day period, shall have executed an agreement whereby such purchaser assumes and agrees to be bound by each and every provision of this chapter and the franchise.
(f)Cancellation upon appointment of receiver or trustee. Each grantee's franchise shall be subject to cancellation upon the expiration of 120 days after the appointment of a receiver or trustee to take over and conduct the business of any grantee, whether in 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)Within 120 days after his or her election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults thereunder; and
(2)Such receiver or trustee, within said 120 days shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the franchise.
(g)Abandonment by grantee. In the event that the use of any part of the cable system should permanently cease operation for any reason, or the rights granted hereunder or pursuant to a franchise have been terminated, canceled or have expired, the grantee shall promptly remove from the streets and public places all such property and poles of such cable system, other than any which the city may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the city.

Any property of grantee's to be abandoned in place shall be abandoned in such manner as the city may prescribe. Upon permanent abandonment of the property of a grantee in place, each grantee shall submit to the city an instrument to be approved by the city, transferring to the city the ownership of such property. (Ord. No. 2009-51.1(94-0-1777), § 15.0, 11-28-94)

§ 34-16

Purchase by city.

Sec. 34-16. Purchase by city.

Upon the termination, revocation pursuant to section 34-15, expiration of franchise term without request for renewal, cancellation pursuant to sections 134-5(c), 34-15(e) or 34-15(f), or the nonrenewal of any grantee's franchise, the city shall have the right to purchase the cable system as provided herein subject to the provisions of the cable act, and the city may direct such grantee to cease operation of the cable system.

If, upon termination, revocation pursuant to section 34-15, expiration of franchise term without request for renewal, cancellation pursuant to sections 34-15(c), 34-15(e), or 34-15(f), or the non-renewal of a franchise, the city exercises its option to purchase the cable system, the value calculated below upon the date of such termination, cancellation, non-renewal or revocation, shall constitute the agreed purchase price subject to the provisions of the cable act.

The purchase price to the city for the cable system shall be the fair market value of the cable system as of the date of such termination, cancellation or non-renewal. Such fair market value shall be determined on the basis of the cable system valued as a going concern, but with no value allocated to the franchise itself. Such fair market value, if not agreed upon by the city and the grantee, shall be determined by mediation, or if still unresolved, the parties may seek resolution in the courts. The purchase price to the city for the cable system in the event of revocation shall be at an equitable price.

Prior to the transfer or assignment of the beneficial ownership of any franchise, pursuant to section 34-14, the city shall have the right to purchase such cable system assets at the price and on the terms comparable to those offered by the proposed transferee or assignee, within 60 days of grantee's notice to the city of such proposed transfer or assignment, provided, however that the city shall not have such right of purchase in the event of transfer to an affiliated entity directly or indirectly controlling, controlled by, or under common control with, such grantee or its parent company.

If the city elects to purchase the cable system, such grantee shall be required, upon payment of the purchase price, promptly to execute all appropriate documents to transfer title to the city, and shall assign all of the contracts, leases, licenses, permits, and any other rights necessary, in the discretion of the city, to maintain continuity of service to the public. The grantee shall be required to cooperate with the city or with any other person, partnership, corporation or legal entity authorized or directed by the city to operate the cable system for a temporary period, in maintaining continuity of service. (Ord. No. 2009-51.1(94-0-1777), § 17.0, 11-28-94)

§ 34-17

Regulatory authority.

See. 34-17. Regulatory authority.

(a)Change in law or regulation. Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all laws and regulations of the local, state and federal government, including, without limitation, those applicable to the construction and operation of the cable communications system. Nothing herein shall be deemed a waiver of grantee's right to challenge the validity of any such law, rule or regulation. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the city under this chapter or the franchise, or if in compliance with any local, state, or federal law or regulation, the grantee finds conflict with the terms of this chapter, the franchise, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city, at its option, may notify the grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the grantee shall negotiate in good faith with the City to develop alternate provisions which shall fairly restore the city to the maximum level of authority and power permitted by law.
(b)Authority. The city reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the city, the city may without the approval of the grantee engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter; provided, however, that any amendment to this chapter shall be confined to the lawful exercise of the city's police powers and to changes which do not materially alter the rights of the franchisee under the franchise.
(c)Right of inspection of records. To the extent consistent with laws governing subscriber privacy and any other applicable laws, the city shall have the right to inspect all books, records, reports, maps, income tax returns (at the time of transfer, renewal or rate proceedings where necessary), financial statements, service complaint summary reports, performance test results and other like materials of the grantee which relate to the operation of the franchise, upon reasonable prior notice, at any time during normal business hours.
(d)Right of inspection of cable system facilities. The grantee shall grant the city the right to inspect all cable system facilities or installation work performed subject to the provisions of this chapter, the franchise and applicable laws and regulations, and shall have the right to make such tests as it shall find necessary to ensure compliance with the terms of this chapter, the franchise, and other applicable laws and regulations.
(e)Right of inspection of property. At all reasonable times and upon reasonable notice to grantee, grantee shall permit examination by any duly authorized representative of the city, of cable system facilities, together with any appurtenant property of grantee situated within or without the city.
(f)Right to require removal of property. In the event of non-renewal of the franchise, or upon its revocation or expiration, as provided for herein, the city shall have the right to require the grantee to remove, at its own expense, all portions of the cable communications system required by public necessity and convenience from all streets and public ways within the city.
(g)Expense reimbursement to city. The grantee shall pay the city a sum of money which will, when added to any application fees received, reimburse all costs and expenses incurred by it in connection with the granting, transferring which requires city consent as provided herein, extending for more than two years, or renewing a franchise, including, but not limited to, consultant fees, attorneys' fees, publication fees, travel expenses and all other direct costs; provided, however, that the city shall submit a detailed schedule of all such costs. Such payment shall be made within 30 days after the city furnishes the grantee with a written statement of such expenses. Such payment by the grantee shall not be deemed to be part of the franchise fee obligations of the grantee pursuant to section 34-9(a) of this chapter and the franchise. (Ord. No. 2009-51.1(94-0-1777), § 17.0, 11-28-94)
§ 34-18

Records and reports.

See. 34-18. Records and reports.

(a)Records.
(1)Grantee right of inspection of records. To the extent consistent with laws governing subscriber privacy and any other applicable laws, the city shall have the right to inspect all books, records, reports, maps, income tax returns (at the time of transfer, renewal or rate proceedings where necessary), financial statements, service complaint summary reports, performance test results and other like materials of the grantee which relate to the operation of the franchise, upon reasonable prior notice, at any time during normal business hours.
(2)Review. The grantee shall permit any duly authorized representative of the city to examine and copy or transcribe any and all maps and other records kept or maintained by grantee or under its control concerning the operations, affairs, transactions or property of the grantee. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the city shall determine that an examination of such maps or records is necessary or appropriate to the performance of any of their duties, then all travel and maintenance expenses necessarily incurred by the city in making such examination shall be paid by grantee.
(3)Records required. The grantee shall at all times maintain for a five-year period, coinciding with the city's five-year performance review, the following:
a.All written complaints received and service complaint summary reports.
b.A record of service interruptions or degradation of service experienced.
c.A comprehensive record of all personnel transactions and utilization of contractors, subcontractors, vendors and suppliers by race and sex.
d.Records from which customer service standards compliance data are derived.

The grantee shall at all times maintain a full and complete set of plans, records and "as built" maps showing the exact location of all cable communication system equipment installed or in use in the city, exclusive of subscriber service drops.

The grantee shall provide to the city such additional information, records and documents the city may deem reasonably necessary and appropriate to review the performance of the grantee with respect to this chapter and the franchise.

(b)Reports required. The grantee shall file the following reports with the city. Unless otherwise specified, all annual reports shall be submitted 60 days after the end of the grantee's fiscal year.
(1)Regulatory communications. Acopy of material reports and documents required by and/or submitted to the Federal Communications Commission (FCC), including any proof of performance tests, annual employment reports (FCC Form 395-A), basic signal leakage reports (FCC Form 320), and annual reports of cable television systems (FCC Form 325) shall be submitted simultaneously to the city by delivery to the office of marketing and communications. Financial information, and all petitions, applications and communications of all types; and all materials required by and/or submitted to the Securities and Exchange Commission (SEC), or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the grantee's cable system will be made available to the city upon request.
(2)Construction reports. Construction reports shall be submitted to the city within 90 days after the franchise is awarded and quarterly thereafter within 14 days after the end of the month for any construction undertaken during the term of the franchise until construction is complete, including the rebuild, as specified in the franchise. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the city and the grantee may reasonably deem necessary. The content and format of the report will be reasonably determined by the city and the grantee and may be reasonably modified at their discretion.
(3)Proof of performance tests. Proof of performance test results shall be submitted to the city when sections of the cable system are rebuilt and annually as required by the franchise.
(4)Tests required by city. Report of technical tests required by the city shall be submitted as specified in the franchise.
(5)Change in service. A report on any change in programming or service shall be provided to the city 30 days prior to implementation.
(6)Franchise rules. All printed materials related to rules, regulations, terms and conditions adopted as the grantee's policy in connection with its subscribers, and which may be included on the grantee's contract or application form for subscriber service shall be filed with the city at the time the material is first provided to subscribers.
(7)Customer service reports. Within 30 days after the end of each quarter, the grantee shall submit reports which demonstrate the grantee's compliance with the FCC customer service standards, and any additional standards of this cable ordinance and franchise. The grantee shall use best efforts to segregate City of Atlanta data from metro Atlanta data.
(8)Financial reports. The grantee shall submit annually to the city the following financial reports within 90 days following the end of the grantee's fiscal year:
a.An ownership report, indicating all persons, who at any time during the preceding year did control or benefit from an interest in the franchise of five percent or more.
b.An annual, fully audited and certified financial report for the previous fiscal year, including year-end balance sheet; gross income statement showing subscriber revenue from each and every category of service and non-subscriber revenue from each and every source; line item operating expenses, depreciation expense, interest expense and taxes paid; statement of sources and applications of funds.
c.A list of officers and directors of the grantee and of any parent corpora tion and/or officers or managers of partnerships or other entities having an ownership interest of at least five percent.
d.For the franchise area only, a current annual statement of all capital expenditures, including new construction and equipment.
(9)Proof of insurance. The grantee shall submit annually to the city certificates of insurance for any and all policies of insurance required hereunder and in the franchise.
(10)Operational reports. Grantee shall submit annually a summary of the previous year's activities including, but not limited to, subscriber totals for each category of service offered including number of pay units; subscriber penetration, number of bulk and commercial subscribers; rates, channel alignment and program services; public, educational, government, and leased access services offered; new services offered; hours of operation; customer service agreement and handbook; service complaint summary reports; and the physical miles of plant construction and plant in operation.
(11)Future projections. The grantee shall submit annually a projection of cable system and service plans for the future.
(12)EEO and EBO. The grantee shall submit all reports relating to equal employment opportunity, equal business opportunity, business non-discrimination, and first source jobs at the time and in the form prescribed in the franchise.
(13)Additional reports. The grantee shall prepare and furnish to the city at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, the city may deem reasonably necessary and appropriate to review the performance of the grantee with respect to the franchise, this chapter, and applicable laws and regulations.
(Ord. No. 2009-51.1(94-0-1777), § 18.0, 11-28-94)
§ 34-19

Renegotiation.

Sec. 34-19. Renegotiation.

The field of cable communications is a rapidly changing field which shall, no doubt, see many legal regulatory, technical, and, financial, changes during the term of the franchise. Therefore, in order to provide for a maximum degree of flexibility and to achieve a continued advanced and state-of-the art cable system for the city, the grantee shall plan for re-negotiation sessions within 120 days of every five-year anniversary date of the award of the Franchise. The following topics shall be discussed at every scheduled re-negotiation session: rates; application of new technologies; state of the art; cable system performance; subscriber and non-subscriber services offered in the city and available nation-wide; customer service; subscriber privacy; amendments to this chapter; new laws and regulations; judicial and FCC rulings; equal employment opportunity and equal business opportunity and franchise fee. Topics in addition to those listed may be added by either party. Members of the general public may add topics either by working through the negotiating parties, or by presenting a petition. If such a petition bears the valid signatures of 500 or more qualified electors of the city, the proposed topic or topics shall be added to the list of topics to be discussed at the re-negotiation session. (Ord. No. 2009-51.1(94-0-1777), § 19.0, 11-28-94)

§ 34-20

Miscellaneous provisions.

Sec. 34-20. Miscellaneous provisions.

(a)Captions. The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.
(b)Severability. If any section, sentence, paragraph, term or provision of this chapter is determined to be illegal, invalid or unconstitutional upon final adjudication by any court of competent jurisdiction, or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain full force and effect.
(c)Effective date. This chapter shall take effect and be in force from the date of adoption.
(d)No waiver of rights. No course of dealing between the grantee and the city nor any delay on the part of the city in exercising any rights hereunder shall operate as a waiver of any such rights of the city or acquiescence in the actions of the grantee in contravention of rights except to the extent expressly waived by the city or expressly provided for in the franchise.
(e)Limitation on use of financial commitments. As may be specified in a franchise, any financial commitments obtained by the grantee which have been confirmed to the city pursuant to the franchise shall be used solely in connection with the construction, operation or maintenance of the cable communications system or the grantee's performance of the terms, obligations, and conditions of this chapter and the franchise.
(f)Effect of pending litigation. In the absence of a stay or other similar remedy granted by a court or administrative agency of competent jurisdiction, no pending litigation or appeal to any regulatory body or court having jurisdiction over the grantee shall excuse the grantee from the performance of its obligations under this chapter or the franchise. Failure of the grantee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.
(g)Conflict. All ordinances and parts of ordinances in conflict herewith are hereby repealed. (Ord. No. 2009-51.1(94-O-1777), § 20.0, 11-28-94)
§ 34-21

Community access media board.

Sec. 34-21. Community access media board.

(a)Established. The community access media board is established to provide oversight, guidance, and public accountability for the City of Atlanta community media operations. The community access media board will serve in an advisory capacity to the mayor, city council, and any City of Atlanta departments or offices involved in access cablecasting operations.
(b)Composition; appointment. The community access media board shall be composed of seven members, and shall elect a chairperson from its membership. Members of the community access media board shall require confirmation by the Atlanta City Council and shall be appointed as follows:
(1)Three members shall be appointed by a paired grouping of district and at-large councilmembers as follows: City Council Post 1 At-Large and Districts 1, 2, 3 and 4; City Council Post 2 At-Large and Districts 5, 6, 7, and 8; and City Council Post 3 At-Large and Districts 9,10, 11 and 12.
(2)Three members shall be appointed by the mayor.
(3)One member shall be appointed by the president of the city council.
(c)Term of office. The term of office of each member shall be two years.
(d)Powers and duties. The community media advisory board shall be authorized to:
(1)Receive complaints from the public regarding denial of access to community media programming, equipment, or facilities, and issue recommendations as appropriate to the mayor, city council, or any City of Atlanta department or office involved in access cablecasting operations, regarding the possible resolution thereof.
(2)Submit an annual report to the mayor and city council regarding the status, performance, and recommendations for access cablecasting operations.
(e)Meetings; quorum; election of chairperson; compensation of members. The community media advisory board shall hold at least one quarterly meeting, and must hold at least one annual public hearing on the state of community media access within the City of Atlanta. The board may meet additionally as needed. A majority of the members of the board shall constitute a quorum for conducting the business of the board. The board shall elect a chairperson from among its members. The members of the commission shall receive no compensation.
(f)Assistance to the board. The office of communications shall provide such assistance as the board shall reasonably require. (Ord. No. 2025-44(25-O-1526), § 2, 12-10-25)

Chapters 35—37 RESERVED Chapter 38 CEMETERIES* Article 1. In General Secs. 38-1—38-25. Reserved.

Article II. Municipal Cemeteries Division 1. Generally Sec. 38-26. Definitions. Sec. 38-27. Designation of use; adoption of rules and regulations. Sec. 38-28. Free burial permits for paupers. Sec. 38-29. Disturbing graves. Sec. 38-30. Injuring or destroying tombs or flowers. Secs. 38-31—38-40. Reserved.

Division 2. Oakland Cemetery Sec. 38-41. Definitions. Sec. 38-42. Scope. Sec. 38-43. Use of funds for restoration. Sec. 38-44. Schedule of charges for cemetery services. Sec. 38-45. Schedule of charges for guided tours. Sec. 38-46. Use at night prohibited. Sec. 38-47. Care of lots. Sec. 38-48. Trespass on plots. Sec. 38-49. Stone rubbings. Sec. 38-50. Disturbing graves; disinterments. Sec. 38-51. Pets. Secs. 38-52—38-59. Reserved.

Article III. Cemetery or Burial Ground Disturbance Permit Sec. 38-60. Sec. 38-61. Sec. 38-62. Sec. 38-63. Sec. 38-64. Sec. 38-65. Sec. 38-66. Sec. 38-67. Sec. 38-68. Sec. 38-69.

Intent. Procedures. Application. Identification and notification of descendants. Public hearing; decision of city council. Application fee. Appeals. Inspections. Disinterment and disposition of human remains. Violations.

ARTICLE I. IN GENERAL

Secs. 38-1—38-25. Reserved.

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