§ 7-128. Bayou Cable, Inc.
(a)
By the ordinance from which this section derived a nonexclusive franchise is granted to Bayou Cable, Inc., by the Parish of Ouachita and grants the right to use and occupy the streets, public ways and places of the parish for the installation, operation and maintenance of the equipment and plan of a community antenna cable television (CATV) and general communication system, and shall be known as the community antenna cable television (CATV) and general communication system franchise ordinance.
(b)
In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, Bayou Cable, Inc., a Louisiana corporation, domiciled in the Parish of Ouachita, Louisiana, its successors, or assigns provided such successors, assigns or designees are approved by the Ouachita Parish Police Jury, hereinafter referred to as "the company," is hereby granted the right to erect, maintain and operate television transmission distribution facilities and additions thereto, in, under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alley ways, bridges and other public places in the Parish of Ouachita located North of Interstate 20 and outside incorporated municipalities, for the purpose of transmission and distribution of television and impulses and television energy for a period of twenty-five (25) years from date hereof.
(c)
Where used in this section, the word "television" shall mean a system for transmission of audio signals and visual images by coaxial cable.
(d)
The poles used for the company's distribution system shall be those erected and maintained by the present utility companies authorized by franchise to conduct their business within the Parish of Ouachita, when and where practical, providing mutually satisfactory rental agreements can be entered into with said companies. Where the use of poles, owned by the utility companies, is not practicable or mutually satisfactory or rental agreements cannot be entered into with said companies, the company shall have the right to erect and maintain its own poles, as may be necessary for the proper construction and maintenance of the television distribution system, the location of the poles to be approved by the parish. Construction permits shall be obtained from the parish prior to any construction.
(e)
The company's transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons or to interfere with any improvements that this parish may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, or other public properties; removal of poles to avoid such interference will be at the company's expense.
(f)
Construction and maintenance of the transmission distribution system, including house connections, shall be in accordance with the provision of the National Electrical Safety Code prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinance and regulations of the parishes of Louisiana, affecting the electrical installations, which may be present in effect, or changed by future ordinances.
Installations and housetop hardware shall be uniform throughout the parish, except that the company shall be free to change its hardware and installation procedures as the art progresses.
(g)
Installation shall be maintained so as not to interfere with TV reception already in existence.
(h)
In the maintenance and operating of its television transmission and distribution system in the streets, alleys, or other public place, and in the course of any new construction or addition to its facilities, the company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places, made by the company in the course of its operation, shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by red warning lights.
(i)
The company shall indemnify and hold the parish harmless at all times during the term of this grant from and against all claims for injury or damages to persons or property both real and personal caused by the construction, erection, operation or maintenance of any structure, equipment, appliance, or products authorized or used pursuant to the authority of this section.
The company shall carry insurance in such form and in such companies as shall be approved by the district attorney, to protect the parish and itself from and against any and all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized for use pursuant to authority of this section, and the amount of such insurance against liability due to damage to property shall not be less than one hundred thousand dollars ($100,000.00) as to any one person and two hundred thousand dollars ($200,000.00) as to any one accident, and against liability due to injury or death of persons, one hundred thousand dollars ($100,000.00) as to any one person and three hundred thousand dollars ($300,000.00) as to any one accident.
The company, upon receipt of due notice and writing from the parish, shall defend at its own expense any action or proceeding against the parish, in which it is claimed that the injury or damage arose from the company's activities in the operation of this television system.
(j)
The distribution system of the company installed or to be hereafter installed shall not be abandoned in whole or in part without the consent of the Ouachita Parish Police Jury.
(k)
The company shall have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received during usual business hours. The company shall respond to all service calls within twenty-four (24) hours and shall correct malfunctions as promptly as possible, but, in all events, within seventy-two (72) hours after thereof.
(l)
Any modification of the provisions of Section 76.31 of the rules and regulations of the Federal Communication Commission (47 CFR Section 76.31) resulting from amendment shall be incorporated into this franchise ordinance within one year of adoption by the FCC, or at the time of franchise renewal pursuant to subsection (b), herein, which occurs first.
(m)
If the company shall fail to comply with any of the provisions of this grant, or default in any of its obligations except for causes beyond the reasonable control of the company, as provided for in subsection (j) hereof, and shall fail within thirty (30) days after written notice from the parish to correct any default of noncompliance, the Ouachita Parish Police Jury shall have the right to revoke this grant and all rights of the company hereunder.
(n)
Except as increased as hereinafter provided the following rates shall be charged for the hereinafter programming, to wit:
Basic service (all service to subscribers not designated as pay television programming) .....$11.00
HBO (pay television program) .....10.00
Disney (pay television program) .....10.00
Package (HBO, Disney and basic) .....29.50
Installation charge (first set) .....20.00
Installation charge (second and subsequent sets each) .....10.00
Monthly charge for each additional outlet .....2.00
All customers shall be required to receive basic service before being entitled to receive any pay television program or programs. Also all customers shall be billed an additional three (3) per cent of the total service as a franchise fee (thirty-three cents ($0.33) each at the present basic rate), which amount when collected shall be remitted to the Ouachita Parish Police Jury by the tenth day of the month after which it is collected and the "company" shall submit by April fifteenth of each year a statement from a certified public accountant showing the total gross revenues received by the "company" for the preceding calendar year, beginning April 15th, 1984, and shall submit with statement a check for any deficiencies as revealed by said statement. In the event there has been an overpayment the "company" shall be entitled to a credit therefor and shall withhold future franchise fee payments until such time as said credit is satisfied.
The company shall also be entitled to furnish additional pay television programming at a rate not to exceed that being charged for HBO at the time the additional programming is offered. In the event a higher rate is proposed, the prior consent of the Ouachita Parish Police Jury, must be obtained.
The company is also given the right to offer any additional pay television programming in a package with one or more other pay television programs at a rate in addition to the basic rate not to exceed eighty-five (85) per cent of the total of the rates for the pay television programs included in the package if they were purchased separately.
In the event the cost to the company of any pay television program offered is increased, the company is given the right to increase the rate for that pay television program to an amount which would allow the company to maintain the same gross profit margin as company was receiving prior to the cost increase; provided however, the company shall give the Ouachita Parish Police Jury thirty (30) days prior written notice of the increase in the rate to the subscriber and shall include in said notice a sworn affidavit from an officer of the company certifying the increase of the cost of the pay television program from the supplier and shall attach thereto notice of cost increase from said supplier.
(o)
At the time this franchise becomes effective the company shall furnish a bond to the parish in the amount of ten thousand dollars ($10,000.00), in such form and with such sureties as shall be acceptable to the parish, guaranteeing the payment of all sums, which may at any time become due from the company to the Parish under the terms of this franchise (except such sums as are covered by the insurance provided in subsection (i)) and further guaranteeing the faithful performance of all of the obligations of the company under the terms of this franchise.
(p)
Should any section, clause, or provision of this section be declared invalid by a court of record, the same shall not affect the validity of the section as a whole or any part thereof, other than the part so declared invalid.
(q)
This section shall take effect and be in force from and after its passage by the Ouachita Parish Police Jury.
(Ord. of 10-17-83, §§ 1—17)
Editor's note
At the discretion of the editor, §§ 1—17 of an ordinance adopted Oct. 17, 1983, have been included as § 7-128