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File #: 1275-17    Version: 1 Name: Franchise Walk On
Type: Ordinance Status: Approved
File created: 11/14/2017 In control: Urban County Council
On agenda: 11/16/2017 Final action: 11/16/2017
Enactment date: 11/16/2017 Enactment #: O-169-2017
Title: An Ordinance creating a ten (10) year, non-exclusive franchise for a cable television system within the confines of the Lexington-Fayette Urban County Government said franchise providing for: full financial and shareholder disclosure; indemnification by the franchise Grantee and adequate insurance coverage; a $50,000 letter of credit to ensure franchise compliance; payment to the government; requirements for providing data, testing the system, and meeting minimum operational standards; conditions of street occupancy; use of poles; minimum construction standards; minimum requirements for extending the system; access to community facilities; public, educational and government access channels; emergency alert override; antenna switches; two hour stand-by power; testing and analyzing the system and proof of performance; establishment of consumer services standards; establishment of standards for billing practices; establishment of a complaint procedure; refunds to subscribers for failure ...
Attachments: 1. 00592700.pdf, 2. ORDINANCE - 169-2017.pdf
Title
An Ordinance creating a ten (10) year, non-exclusive franchise for a cable television system within the confines of the Lexington-Fayette Urban County Government said franchise providing for: full financial and shareholder disclosure; indemnification by the franchise Grantee and adequate insurance coverage; a $50,000 letter of credit to ensure franchise compliance; payment to the government; requirements for providing data, testing the system, and meeting minimum operational standards; conditions of street occupancy; use of poles; minimum construction standards; minimum requirements for extending the system; access to community facilities; public, educational and government access channels; emergency alert override; antenna switches; two hour stand-by power; testing and analyzing the system and proof of performance; establishment of consumer services standards; establishment of standards for billing practices; establishment of a complaint procedure; refunds to subscribers for failure of service; rate regulation; Council approval required for a transfer of control or assignment of the franchise; standards and procedures established for forfeiture of the franchise, assessment of penalties and valuation of the system; foreclosure and receivership provisions; reserving government rights in the franchise; assurances of nondiscrimination; protections of subscriber privacy; administrative supervision of the franchise; government access to property and records. [Council Office, Maynard]
Summary
Body
WHEREAS, pursuant to Kentucky Constitution Section 164 and Kentucky Revised Statute 67.083, the Lexington-Fayette Urban County Government is authorized and empowered to award cable television franchises, and

WHEREAS, Section 621(a)(1) of the Communications Act of 1934 (the "Cable Act") prohibits franchising authorities from unreasonably refusing to award competitive franchises for the provision of cable services (47 U.S.C. ? 541(a)(1)), and
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