§ 7-1. Video services providers.

(a)

Definitions. The words and phrases used in this chapter shall have the meaning as set forth in RSMo 67.2677 or, if not defined therein, shall have such meanings as established by City Code.

(b)

Franchise fee. Pursuant to RSMo 67.2689, and as partial compensation for use of the city's public rights-of-way, each video service provider or other person providing cable services or video services within the city shall, to the extent permitted by law, pay to the city a fee of three (3) percent of the gross revenues from such video services provider in the geographic area of the city. Such payment shall be made as required by RSMo 67.2689. The city shall have the right to audit any video service provider as authorized by RSMo 67.2691. Late payments shall accrue interest due to the city compounded monthly at one and one-half (1½) percent or such other maximum rate as may be established by law.

(c)

Customer service requirements. All video service providers providing service within the city shall adopt and comply with the minimum customer service requirements set forth in RSMo 67.2692. Notice or receipt of this ordinance by the video service provider shall be deemed notice of the city invoking such customer service requirements.

(d)

Rights-of-way regulation; indemnification; permits and compliance with other laws. Video service providers shall comply with the requirements of RSMo 67.2707, 67.2709 and all applicable ordinances and regulations consistent with RSMo 67.1830 through 67.1846 relating to use of the city rights-of-way. Each video service provider shall indemnify and hold harmless the city and its officers, employees and agents from any loss or damage, including, but not limited to attorneys' fees, as provided in such ordinances or regulations, but in no event less than the obligation on video service providers set forth in RSMo 67.2695. The city may require documentation of such indemnification by written agreement or other instrument to the extent permitted by law. In addition, video service providers shall be subject to and comply with such supplementary provisions relating to placement, screening and relocation of facilities as provided in section 7-2 of this chapter, and such other applicable laws of the city, except as may be otherwise validly preempted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining a permit from the city authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires. The payment of the franchise fee does not excuse any provider using the city rights-of-way from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of the Carthage Water & Electric Plant Board of the City of Carthage, or any other entity, public or private. Nothing contained in any fee granted pursuant to this chapter shall entitle any provider to use, alter, convert to, or interfere with, the facilities, easements, poles, conduits, lines, pipelines, wires, fiber, cable, or any other real or personal property of any kind whatsoever under the management or control of the Carthage Water & Electric Plant Board of the City of Carthage or any other entity, public or private. A provider shall obtain and pay for all pole attachment agreements, construction, building, road cut or other permits or approvals necessary under federal, state or city law or ordinance, before the installation of any facilities or related equipment.

(e)

Public, educational and governmental channels. Each video service provider shall designate a number of channels for public, educational and governmental programming consistent with RSMo 67.2703; provided that any greater number of channels, as may be required in the incumbent cable franchise or franchise ordinance, shall be required pursuant to RSMo 67.2703.2. The city shall bear no cost relating to the transmission, availability or maintenance of such channels unless expressly authorized by the city in writing and approved by the governing body. Incumbent cable operators and other video service providers shall provide support for such public, educational and governmental channels consistent with RSMo 67.2703.8.

(f)

Continued obligations. The obligations of a cable service provider or video service provider as set forth in any existing cable services or video services franchise or ordinance shall also continue to apply to the full extent permitted by applicable law.

(g)

Reservation of rights. The city retains all rights in RSMo 67.2675 through 67.2714, inclusive, and may take any and all actions permitted by law to exercise such rights or to enforce such obligations on providers of video service.

(h)

Notice. A copy of this chapter shall be delivered to each video service provider operating in the city after notice to the city that such provider is authorized to provide service within the city; provided that the provisions of this chapter shall, to the extent permitted by law, not be affected by any claimed or actual failure of a service provider to have received delivery of a copy of this chapter.

(Ord. No. 07-45, § 2, 9-25-07)