Ord 95-239
ORDINANCE NO. 95-239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING A MASTER CABLE
ORDINANCE REGULATING THE PROVISION OF CABLE
COMMUNICATIONS SYSTEMS WITHIN THE CITY OF FEDERAL
WAY; PROVIDING FOR DEFINITIONS, APPLICATION FEES,
PUBLIC HEARING REQUIREMENTS, MINIMUM CONSTRUCTION
AND SAFETY STANDARDS, NOTICE TO THE CITY PRIOR TO
INCREASING RATES, TRANSFER OF OWNERSHIP,
REVOCATION OF FRANCHISE, INDEMNIFICATION AND OTHER
FRANCHISE PROVISIONS APPLYING TO ANY CABLE
FRANCHISEE OPERATING IN THE CITY OF FEDERAL WAY.
WHEREAS, pursuant to RCW 35A.11.030, the City of Federal Way has the
power, among other things, to grant franchises; and
WHEREAS, the Federal Way City Council finds that the development of
cable television and communication systems has the potential of greatly
benefitting and impacting the residents of the City; and
WHEREAS, the Council further finds that because of the complex and
rapidly changing technology associated with cable systems, the public's
convenience, safety and general welfare can best be served by establishing
powers which should be vested in the City as provided in federal and state law;
and
WHEREAS, it is the intent of this ordinance to specify and provide the
means to attain the public interest and purpose in these matters, and to establish
standards, procedures and requirements that are to apply to all cable system
franchisees operating in the City of Federal Way; and
WHEREAS, the Finance and Economic Development Committee of the
Federal Way City Council met and considered this ordinance on February 23,
March 23, April 26 and June 22, 1995 and directed that this ordinance be
forwarded to the full Council for approval;
Ordinance #95-239, Page 1
ere-
WHEREAS, the full City Council had a first reading of this ordinance on
June 6, 1995 at its regularly scheduled meeting.
WHEREAS, the full City Council considered this ordinance on June 20,
1995 at a public hearing and referred it back to the Finance/Economic
Development Council Committee.
WHEREAS, the City Council finds that this ordinance is in the public
interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Ordinance #95-239, Page 2
TABLE OF CONTENTS
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Section 1: Definitions.....................................................................................................5-8
Section 2: Terms of Franchise...................................................................................8-10
A. Authority To Grant Franchises Or Licenses For Cable Television........8, 9'
B. Incorporation By Reference.............................................................................. 9
C. Nature And Extent Of The Franchise........................................................9, 10
D. Length Of The Franchise................................................................................10
Section 3: Application ......................................................................................................10
Section 4: Franchise Issuance .................................................................................1 0-12
A. Initial Franchise ........................................................................................ 10, 11
B. Renewal ..Franchise................................................................................ 11, 12
Section 5: Acceptance....................................................................................................12
Section 6: Police Powers ..........................................................................................~... 13
Section 7: Rules and Regulations by the City............................................................ 13
Section 8: Construction Standards ........................................................................13-15
A. Notice of Entry on Private Property..............................................................14
B. Emergency Repairs ........................................................................................ 15
C. Restoration of Property ..................................................................................15
D. Location of Cable Facilities...........................................................................15
Section 9: Undergrounding .................................................................................... 15, 16
Section 10: Construction in Right-of-Way............................................................ 16, 17
A. Right of Way Permit..........................................................................................16
B. Installation ........................................................................................................16
C. Interference With Use of Streets ........................................................... 16, 17
D. Relocation/Removal.......................................................................................17
E. City's Performance of Work...........................................................................17
Section 11: Safety Requirements.......................................................................... 17, 18
Section 12: Building Moving..........................................................................................18
Section 13: Tree Trimming.............................................................................................18
Section 14: Rates...................................................................................................... 18, 19
Section 15: Cable Availability ....................................................................................... 19
Section 16: Franchise Fee .............................................................................................19
Section 17: Cable System Evaluation .........................................................................19
Section 18: Record Inspection ...............................................................................19, 20
Section 19: Public, Educational and Government Access.......................................20
Section 20: City-wide Public, Educational and Government Access
Interconnection.......................................................................................20
Section 21: Institutional Networks (I-Nets) ........................................................... 20, 21
Ordinance #95-239, Page 3
TABLE OF CONTENTS
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Section 22: City-wide Institutional Networks Interconnection .................................21
Section 23: Access and Institutional Network Equipment........................................2{
Section 24: Non-Discrimination """""""""""""""""""""""""""""""""""""'" 21 , 22
Section 25: Continuity of Service """"""""""""""""""""""""""""""""""'"...22, 23
Section 26: Transfer of Ownership...............................................................................23
Section 27: Removal & Abandonment of Property of Franchisee ................... 24, 25
Section 28: Revocation for Cause ......................................................................... 25, 26
Section 29: Effect of Termination for Non-Compliance ............................................26
Section 30: Indemnity & Hold Harmless............................................................... 26, 27
Section 31: Insurance.....................................................................................................27
Section 32: Recourse Against Bonds and Other Security .......................................28
A. Recourse...........................................................................................................28
B. Restoration """"""""""""""""""""""""""""""""""'"................................28
C. Rights of the City...................................................................................... 28, 29
Section 33: Equalization of Civic Contributions......................................................... 29
Section 34: Inconsistency """"""""'...............................,.............................................29
Section 35: Severability .................................................................................................29
Section 36: Ratification...................................................................................................29
Section 37: Effective Date..............................................................................................29
Appendix A................................................................ FCC Customer Service Standards
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THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DO ORDAIN AS
FOLLOWS:
Section 1: Definitions.
(a) "Access Channels" means free composite channels to be used for
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educational purposes and by government and public agencies and/or their
representatives (commonly referred to as "PEG" channels).
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(b) The "Act" means the Cable Communications Policy Act of 1984 as amended
by the Cable Television Consumer Protection and Competition Act of 1992 and
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any subsequent amendments.
(c) "Addressability" means the ability of a Franchisee to electronically authorize
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customer terminals to receive, change or to cancel any or all specified
programming.
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(d) "Applicant" means any person or entity that applies for a Franchise.
(e) "Basic Cable Service" is the lowest level of service regularly provided to all
subscribers that includes the retransmission of local broadcast television signals.
(f)
"Cable Facilities" means equipment and wiring used to transmit audio and
video signals to subscribers.
(g) "Cable Services" means (i) the one-way transmission to subscriber of video
programming or other programming service, and (ii) subscriber interaction, if any,
which is required for the selection by the subscriber of such video programming.
(h) "Channel" means a single path or section of the spectrum which carries a
television signal.
(i)
"Character generator" means a device used to generate alpha numerical
programming to be cablecast on a cable channel.
(j)
"City" means the City of Federal Way, a municipal corporation of the State of
Washington.
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(k) "Cable Communication System" means a system which may provide audio,
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video and data transmission to subscribers.
(I)
"Council" means the City of Federal Way Council acting in its official
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capacity.
(m) "Data Transmission" means (1) the movement of encoded information by
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means of electrical or electronic transmission systems; (2) the transmission of
data from one point to another over communications channels.
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(n) "Dwelling units" means residential living facilities as distinguished from
temporary lodging facilities such as hotel and motel rooms and dormitories, and
includes single family residential units and individual apartments, condominium
units, mobile homes within mobile home parks, and other multiple family
residential units.
(0) "Emergency" means a condition of imminent danger to the health, safety,
and welfare of property or persons located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots or wars.
(p) "FCC" means the Federal Communications Commission, a regulatory
agency of the United States government.
(q) "Fiber Optics" means the technology of guiding and projecting light for use
as a communications medium.
(r)
"Franchise" means the initial authorization, or renewal thereof, issued by the
franchising authority, whether such authorization is designated as a Franchise,
permit, license, resolution, contract, certificate or otherwise, which authorizes
construction and operation of the Cable Communication System for the purpose
of offering cable service or other service to subscribers.
(s) "Franchisee" or "Operator" means the person, firm or corporation to whom or
which a Franchise is granted by the Council under this Ordinance and the lawful
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successor, transferee or assignee of said person, firm or corporation subject to
such conditions as may be defined in City ordinance.
(t)
"Gross Annual Receipts" means the annual gross receipts received by a
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franchisee directly or indirectly from its subscribers for the provision of
communications services including but not limited to revenues from Home
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Shopping Network and advertising, data, telephony, interactive services, late
fees, and excluding but not limited to, bad debts, refundable deposits, and any
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sales, excise or other taxes collected for direct pass-through to local state or
federal government. The franchise fee payable by a Franchisee to the City on
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gross annual receipts derived from any new, non-cable television re1ated
programing product or other communication services such as interactive, data,
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telephone transmission or other communication products or services, which is
delivered to the subscriber by using Public Rights-of-way, shall be at the same
rate as the fee, tax, assessment or other revenue payable to the City by other
providers of the same product or service within a franchisee's franchise service
area. As used in this section, a non-programming product or service shall be
considered new if a Franchisee was not already providing it as of the enactment
of its franchise.
(u) "Headend" means the electronic equipment located at the start of a cable
system, usually including antennas, preamplifiers, frequency converters,
demodulators and related equipment.
(v) "Installation" means the connection of the Cable Communication System
from feeder cable to subscribers' terminals.
(w) "Institutional Networks (I-Nets)" means a cable communications system
designated principally for the provision of non-entertainment services to public
schools, or public agencies such as public libraries separate and distinct from the
subscriber network, or on secured channels of the subscriber network.
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(x) "Interactive services" means services provided to subscribers where the
subscriber either (i) both receives information consisting of either television or
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other signals and transmits signals generated by the subscriber or equipment
under his/her control for the purpose of selecting what information shall be
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transmitted to the subscriber or for any other purpose; or (ii) transmits signals to
any other location for any purpose.
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(y) "Office" means the person or entity designated by the City as being
responsible for the administration of a Franchise for the City.
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(z) "Property of Franchisee" means all property owned, installed or used'by a
Franchisee in the conduct of its business in the City.
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(aa) "Proposal" means the response, by an individual or organization, to a
request by the City regarding the provision of cable services; or an unsolicited
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plan submitted by an individual or organization seeking to provide cable services
in the City.
(bb) "Public Right of Way" or "Street" means the land owned, dedicated or
conveyed to the City or a unit of government, including, but not limited to, any
public alley, boulevard, lane, way, place, drive, easement, right-of-way or
sidewalk, or any portion thereof, under the jurisdiction of the City.
(cc) "Subscriber" means a person or entity or user of the cable system who
lawfully receives cable services or other service therefrom with Franchisee's
express permission.
Section 2: Terms of Franchise.
A. Authority To Grant Franchises Or Licenses For Cable Television: It shall
be unlawful to engage in or commence construction, operation, or maintenance
of a Cable Communications System without a Franchise issued under this
Ordinance. The Council may, by ordinance, award a non-exclusive Franchise to
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construct, operate and maintain a Cable Communications System which
complies with the terms and conditions of this Ordinance.
Any Franchise granted pursuant to this Ordinance shall be non-exclusive
and shall not preclude the City from granting other or further Franchises or
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permits or preclude the City from using any Public Rights-of-Way, Streets, or other
public properties or affect its jurisdiction over them or any part of them, or limit the
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full power of the City to make such changes, as the City shall deem necessary,
including the dedication, establishment, maintenance, and improvement of all
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new Public Rights-of-Way and other public properties. All Franchises granted
subsequent to the effective date of this Master Cable Ordinance shall be granted
with consistent material terms and conditions of this Ordinance and existing
Franchises.
B. Incorporation By Reference: The provisions of this Ordinance shall be
incorporated by reference in any Franchise ordinances or licenses approved
hereunder. The provisions of any proposal submitted and accepted by the City
shall be incorporated by reference in the applicable Franchise. However, in the
event of any conflict between the proposal, this Ordinance and the Franchise, the
Franchise shall be the prevailing document.
C. Nature And Extent Of The Franchise: Any Franchise granted hereunder
by the City shall authorize a Franchisee, subject to the provisions herein
contained:
1. To engage in the business of operating and providing communications
service and the distribution and sale of such service to Subscribers
within the City;
2. To erect, install, construct, repair, replace, reconstruct, maintain and
retain in, on, over, under, upon, across and along any Street, such
amplifiers and appliances, lines, cables, conductors, vaults, manholes,
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pedestals, attachments, supporting structures, and other property as may
be necessary and appurtenant to the Cable Communications System;
and provide similar Cable Facilities, or properties rented or leased from
other persons, firms or corporations, including but not limited to any
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public utility or other Franchisee franchised or permitted to do business in
the City. No privilege or exemption shall be granted or conferred upon a
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Franchisee by any Franchise except those specifically prescribed
therein, and any use of any Street shall be consistent with any prior
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lawful occupancy of the Street or any subsequent improvement or
installation therein.
D. LenQth Of The Franchise. The City shall have the right to grant a
Franchise for a period of time appropriate to the circumstances of the particular
grant.
Section 3: ADplication.
An applicant for a Franchise to construct, operate, and maintain a Cable
Communications System within the City shall file an application in a form
prescribed by the City, accompanied by a non-refundable filing fee in the amount
of five thousand dollars ($5,000.00).
Section 4: Franchise Issuance.
Prior to the granting of a Franchise, the City Council shall conduct a public
hearing to determine the following:
A. Initial Franchise
1. That the public will be benefited by the granting of a Franchise to the
Applicant;
2. That the Applicant has the requisite financial and technical resources
and capabilities to build, operate and maintain a cable television
system in the area;
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3. That the Applicant has no conflicting interests, either financial or
commercial, which will be contrary to the interests of the City;
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4. That the Applicant will comply with all terms and conditions placed
upon a Franchisee by this Ordinance;
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5. That the Applicant is capable of complying with all relevant federal,
state, and local regulations pertaining to the construction, operation
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and maintenance of the Cable Facilities and systems incorporated in
its application for a Franchise;
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6. That the Public Rights-of-Way have the capacity to accommodate the
Cable Communications System;
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7. That the proposed Franchise is consistent with the City s present and
future use of the Public Rights-of-Way to be used by the Cable
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Communications System;
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8. That the benefit to the public from the Cable Communications System
outweighs the potential disruption to existing users of the Public
Rights-of-Way to be used by the Cable Communications System and
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the resultant inconvenience which may occur to the public; and
9. That all other conditions resulting from the grant of the Franchise have
been considered by the City and that the City determines that the
grant is still in the public's best interest.
B. Renewal Franchise.
1. That the Applicant has complied with the terms and conditions of the
existing Franchise.
2. That the quality of the Applicant's previous service has been
reasonable in light of community needs;
3. That the Applicant's proposal is reasonable to meet the future cable-
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related community needs and interests taking into account the cost of
meeting such needs and interests;
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4. That the Public Rights-of-Way have the capacity to accommodate the
Cable Communications System;
5. That the proposed Franchise is consistent with the City's present and
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future use of the Public Rights-of-Way to be used by the Cable
Communications System;
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6. That the benefit to the public from the Cable Communications System
outweighs the potential disruption to existing users of the Public Rights-
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of-Way to be used by the Cable Communications System and the
resultant inconvenience which may occur to the public; and
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7. That all other conditions resulting from the grant of the Franchise have
been considered by the City and that the City determines that the grant is
still in the public s best interest.
Section 5: Accectance.
No Franchise granted pursuant to the provisions of this Ordinance shall
become effective unless and until the ordinance granting the same has become
effective.
Within thirty (30) days after the effective date of the ordinance awarding a
Franchise, or within such extended period of time as the Council in its discretion
may authorize, a Franchisee shall file with the City Clerk its written acceptance of
the Franchise and all of its terms and conditions, in a form satisfactory to the City
Attorney, together with the insurance policy required by Section 31' Insurance
herein, as well as the bond policy required by Section 32' Performance Bond in
the Franchise. Acceptance of this Ordinance is a condition precedent to its taking
effect, and unless such acceptance is filed within the time period specified, this
Ordinance shall be null and void.
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Section 6: Police Powers.
In accepting any Franchise, a Franchisee acknowledges that its rights
hereunder are subject to the legitimate rights of the police power of the City to
adopt and enforce general ordinances necessary to protect the safety and
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welfare of the public and it agrees to comply with all applicable general laws
enacted by the City pursuant to such power. The City Council expressly reserves
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unto itself all its police powers to adopt ordinances necessary to protect the
health, safety and welfare of the general public in relation to the rights granted
under this Franchise. The City reserves the right to use, occupy and enjoy any
Public Rights of Way or other public places for any purpose, including without
limitation, the construction of any water, sewer or storm drainage system,
installation of traffic signals, street lights, trees, landscaping, bicycle paths and
lanes, equestrian trails, sidewalks, other pedestrian amenities, other City services
and other public street improvement projects.
Section 7: Rules and Reaulations bv the Citv.
In addition to the inherent powers of the City to regulate any Franchise it
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issues, the authority granted to it by the Act, and those powers expressly reserved
by the City, or agreed to and provided for in a Franchise, the right and power is
hereby reserved by the City to promulgate such additional regulations as it may
find necessary in the exercise of its lawful police powers. The City Council
reserves the right to delegate its authority for Franchise administration to a
designated agent.
Section 8: Construction Standards.
All Cable Facilities constructed under this Ordinance shall be placed and
maintained at such places and positions in or upon such Public Rights of Way
and public places so it shall not interfere with the passage of traffic and the use of
adjoining property, and shall conform to the applicable section of the National
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Electrical Code, codes of the State of Washington, and City rules, regulations,
ordinances, codes, standards and policies pertaining to such construction.
At least forty-eight (48) hours prior to the intended construction, a Franchisee
shall inform all residents in the affected area that a construction project will
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commence, the dates and nature of the project, and a toll-free telephone number
which the Subscriber may call for further information. A pre-printed door hanger
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may be used for this purpose. The City reserves the right, as the interest of the
public may require, to require the installation or construction of new Cable
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Facilities proposed by Franchisee to be constructed in arterial thoroughfares or to
be installed in altsrnate Public Rights of Way which are substantially comparable
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in terms of the expense to Franchisee for installation or construction, and which
provide distribution to all affected parcels of property that is equal or better to the
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requested installation route. The City shall give particular preference to the
alternate installation location in cases in which the existing improvements to the
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Public Right-of-Way would be affected by the proposed installation, or where the
structural integrity of the surface of the Right-of-Way, or inconvenience to the
public caused by the proposed installation cannot be mitigated through
alternative means.
A. Notice of Entry on Private Property. At least twenty-four (24) hours prior
to entering private property or Streets or other public property or easements
adjacent to or on such private property to perform new plant construction or
reconstruction, a notice indicating the nature and location of the work to be
performed shall be physically posted upon the affected property. A Franchisee
shall make a good faith effort to comply with the property owner/resident's
preferences, if any, on location or placement of underground installations
(excluding aerial cable lines utilizing existing poles and existing cable paths),
consistent with sound engineering practices.
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B. EmerQency Repairs. Notice requirements of subsection A above, are
suspended for purposes of entry upon private property to perform repairs at the
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Subscriber's request or in the event of system outage repairs or other
emergencies in which insufficient time is available to provide notice to
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subscribers.
C. Restoration of Property. After performance of work, Franchisee shall
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restore private property as nearly as possible to its condition prior to construction.
Any disturbance of landscaping, fencing, or other improvements on private
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property shall, at the sole expense of a Franchisee, be promptly repaired and
restored (including replacement of such items as shrubbery and fencing) to the
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reasonable satisfaction of the property owner.
D.
Location of Cable Facilities. Whenever, in the sole opinion of the City,
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any of a Franchisee's facilities or equipment need to be relocated or altered due to
a construction or repair project by the City in a public way, a Franchisee shall move
or relocate said facilities or equipment within thirty (30) days of receiving written
notice from the City. However, in the event such relocation is required due to
emergency repairs deemed necessary by the City, such relocation or moving shall
be accomplished within twenty-four (24) hours. Any relocation or alteration of a
Franchisee's Facilities or equipment required under this Section shall be at the
sole expense of a Franchisee.
Section 9: Underaroundlnç .
In those areas and portions of the City where the transmission or distribution
facilities of the public utility providing telephone service or those of the facility
providing electric service are underground or hereafter may be placed
underground, then a Franchisee shall likewise construct, operate and maintain all
of its transmission and distribution Cable Facilities in the same area underground
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upon City approval.
Such activities shall be made in concurrence and
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cooperation with the other affected utilities. Amplifiers and associated equipment
in a Franchisee's transmission and distribution lines may be in appropriate
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housing upon the surface of the ground.
Section 10: Construction in RiQht-ot-Way.
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A RiQht of Wav Permit. A Franchisee shall submit an application for, pay
the permit fee, and obtain a right-of-way permit to perform work in any Public
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Rights-of-Way. No work, other than emergency repairs, shall commence without
such a permit. Emergency repairs may be made immediately with notification
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given to the City no later than the next business day.
B. Installation. In accordance with the permit issued, all transmission lines,
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equipment, and structures shall be located and installed so as to cause minimum
interference with the rights and reasonable convenience of property owners, and
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at all times shall be maintained in a safe condition, and in good order and repair.
Suitable barricades, flags, lights, flares, or other devices shall be used at such
times and places as are reasonably required for the safety of the public. Any
poles or other fixtures placed in any street by a Franchisee shall be placed in
such manner as not to interfere with the usual travel on such public way.
C. Interference With Use of Streets. When installing, locating, laying, or
maintaining Cable Facilities, apparatus, or improvements, a Franchisee shall not
interfere with the use of any Street to any greater extent than is necessary, and
shall leave the surface of any such Street in as good condition as it was prior to
performance by Franchisee of such work. Any facility, apparatus, or improvement
under this Ordinance shall be laid, installed, located, or maintained in
conformance with instructions given by, and to the satisfaction of the City. In any
event, a Franchisee shall, at its own expense, and to the satisfaction of the City in
accordance with the terms of the right of way permit, restore to City standards and
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specifications any damage or disturbance caused to Streets as a result of
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Franchisee's construction or operations.
D. Relocation/Removal. Upon receipt of ninety (90) days prior written
notice, a Franchisee, at its own expense, and within the time period prescribed by
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the City, shall protect, support, temporarily disconnect, relocate, or remove any of
its Cable Facilities or property when, in the judgement of the City, the same is
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required by reason of traffic conditions, public safety, improvements by
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governmental agencies and/or any other City use of the Franchise area. Nothing
herein shall be deemed a taking of the property of a Franchisee, and Franchisee
shall be entitled to no surcharge by reason of this section.
E. City's Performance of Work. After receipt of thirty (30) days prior written
notice, and upon the failure of a Franchisee to commence, pursue, or complete
any work required by the provisions of this Ordinance or failure to comply with
any applicable federal, state or City laws, ordinances, rules, regulations or
standards to be performed on any Street, within the reasonable time prescribed
and to the satisfaction of the City, the City may, at its option, cause such work to
be done, and a Franchisee shall pay to the City the reasonable cost thereof,
which costs may include the City's reasonable overhead and administrative
expense, within thirty (30) days after receipt of demand.
Section 11: Safety Requirements,
A Franchisee, in accordance with applicable national, state, and local safety
requirements shall, at all times, employ ordinary care and shall install and
maintain and use commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injury, or nuisance to
the public. All structures and all lines, equipment and connections in, over,
under, and upon the Public Rights of Way or places of a Franchise area,
wherever situated or located, shall at all times be kept and maintained in a safe,
Ordinance #95-239, Page 17
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suitable condition, and in good order and repair.
The City reserves the general right to see that the Cable Facilities of a
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Franchisee is constructed and maintained in a safe condition.
Section 12: BuildinQ Moving.
Whenever any person shall have obtained a permit from the City to use any
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Street for the purpose of moving any building, a Franchisee, upon seven (7) days
written notice from the City, shall raise or remove, at the expense of the permittee
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desiring to move the building, any of a Franchisee's wires which may obstruct the
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removal of such building; provided, that the moving of such building shall be
done in accordance with all City codes, regulations and general ordinances of
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the City.
Section 13: Tree Trimming.
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Except for emergency conditions which may preclude prior approval, a
Franchisee shall abide by all City rules, regulations, ordinances, policies and
standards, including the City s Vegetation Plan, Franchisee shall have the
authority, at is expense, to trim trees upon and overhanging Streets, Public Rights
of Way and places in the Franchise area so as to prevent the branches of such
trees from coming in contact with the wires and cables of a Franchisee and, if
necessary, to clear a microwave path. A Franchisee shall be responsible for
debris removal from such activities.
Section 14: Ram.
Within thirty (30) days after the grant of any Franchise hereunder, a
Franchisee shall file with the City a complete schedule of all present rates
charged to all Subscribers.
Prior to implementation of any change in rates or charges for any service or
equipment provided by a Franchisee, a Franchisee shall provide the City and all
subscribers a minimum of thirty (30) days prior written notice of such change.
Ordinance #95-239, Page 18
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Subject to the Act and resultant FCC regulations, the City may regulate the
rates or charges for providing cable service and other equipment and may
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establish rate regulation review procedures as delegated by federal law.
Section 15: Cable Availability.
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Cable service shall not be denied to any group of potential residential cable
subscribers because of the income of the residents of the local area in which
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such group resides subject to density and coverage limitations.
Section 16: Franchise Fee.
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A Franchisee shall pay to the City a quarterly estimate as a franchise fee no
later than forty-five (45) days following the end of such quarter, equal to a
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percentage of Gross Annual Receipts for the preceding three months. Interest
shall accrue if not paid by forty-five (45) days from the end of the quarter. Such
remittances shall be accompanied by forms furnished by the City to report
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detailed information as to the sources of such income.
Section 17: Cable Svstem Evaluation.
The City may request annual evaluation sessions during the term of the
Franchise. Each request must be communicated in writing, at least thirty (30)
days prior to the proposed meeting date. The scope of such evaluations shall be
limited to customer service and a Franchisee's performance under and
compliance with the terms of the Franchise.
Section 18: Record Inspection.
Subject to statutory and constitutional limits and 48 hours advance notice,
the City reserves the right to inspect the records of a Franchisee necessary for the
enforcement of a Franchise at any time during normal business hours provided
that the City shall maintain the confidentiality of any trade secrets or other
proprietary information in the possession of a Franchisee. Such documents shall
Ordinance #95-239, Page 19
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include information such as financial records, Subscriber records and plans
pertaining to a Franchisee's operation in the City.
Section 19: Public. Educational and Government Access.
The City may require, as a condition of a Franchise granted pursuant to this
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Ordinance, provisions for Public, Educational and Government ("PEG") Access.
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Section 20:
Citv-wide Public. Educational and Government Access
Interconnection.
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The City may require a Franchisee to interconnect PEG access channels of
a cable television system with any and all other contiguous and compatible cable
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systems within the City. Interconnection of system may be accomplished by direct
cable connection, microwave link, or other technically feasible method.
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Upon receiving a request from the City to interconnect, a Franchisee shall
immediately initiate negotiations with other affected system(s), and shall report to
the City the results of such negotiations no later than sixty (60) days after such
initiation.
Section 21: Institutional Networks (I-Nets).
A Franchisee's Cable Communications System shall have the capability of
serving designated educational and public buildings with uni- or bi-directional
video/audio signals.
The I-Net system shall be for the purpose of private
communications and the signals so provided shall not be transmitted via the
Subscriber network system. The linkage may be by cable, microwave or other
means deemed appropriate by a Franchisee; provided that the communication
system if connected by microwave shall furnish suitable encoding and decoding
devices.
An entity desiring the activation of such a system shall make application
thereof to the City. At a public hearing to evaluate such a request both the
requestor and the Franchisee shall be provided the opportunity to present the
Ordinance #95-239, Page 20
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public benefits as well as the costs of such implementation. Upon a finding by the
City Council that these features are reasonably required to meet community
needs, taking into account the cost of meeting such needs, the City Council may
require the implementation of such services within a reasonable time.
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Section 22: City-wide Institutional Networks Interconnection.
A Franchisee, upon request by the City shall make such interconnections as
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required to connect the designated entities on a City-wide basis. The same
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conditions as enumerated in Section 20. City-wide Public Educational and
Government Access Interconnection shall apply.
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Section 23: Access and Institutional Network Eauipment
A Franchisee may be required to contribute either goods and services
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and/or monies for the purpose of providing Cable Facilities and equipment in
order to broadcast PEG access programming as well as provide communications
via the Institutional Networks. Such resources provided will be divided equally
among the Franchisees proportionate to the number of Subscribers.
Section 24: Non-Discrimination.
In connection with rates, charges, Cable Facilities, rules, regulations and in
all Franchisee's services, programs or activities, and all Franchisee's hiring and
employment made possible by or resulting from this Franchise, there shall be no
discrimination by Franchisee or by Franchisee's employees, agents,
subcontractors or representatives against any person because of sex, age
(except minimum age and retirement provisions), race, color, creed, national
origin, marital status or the presence of any disability, including sensory, mental
or physical handicaps, unless based upon a bona fide occupational qualification
in relationship to hiring and employment.
This requirement shall apply, but not be limited to the following: employment,
advertising, layoff or termination, rates of payor other forms of compensation, and
Ordinance #95-239, Page 21
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selection for training, including apprenticeship. Franchisee shall not violate any
of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the
Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or
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any other applicable federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be grounds for
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termination of this Franchise by the City and, in the case of the Franchisee's
breach, may result in ineligibility for further City agreements; provided, that
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nothing in this Ordinance shall be deemed to prohibit the establishment of a
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graduated scale of charges and classified rate schedules to which any customer
coming within such classification would be entitled, and provided further that
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connection and/or service charges may be waived or modified during
promotional campaigns of a Franchisee.
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Section 25: Continuity of Service.
A Franchisee shall continue to provide service to Subscribers so long as
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their financial and other obligations to a Franchisee are fulfilled.
A In this regard a Franchisee shall act so far as it is within its control to
ensure that all Subscribers receive continuous uninterrupted service during the
term of the Franchise.
B. In the event a Franchisee fails to operate a system for seventy-two (72)
continuous and consecutive hours without prior notification to and approval of the
City Council or without just cause such as an impossibility to operate the system
because of the occurrence of an Emergency or other circumstances reasonably
beyond a Franchisee's control, the City may, after notice and an opportunity for a
Franchisee to commence operations at its option, operate the system or
designate someone to operate the system until such time as a Franchisee
restores service to conditions acceptable to the City Councilor a replacement
Franchisee is selected. If the City is required to fulfill this obligation for a
Ordinance #95-239, Page 22
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Franchisee, a Franchisee shall reimburse the City for all reasonable costs or
damages in excess of revenues from the system received by the City that are the
result of a Franchisee's failure to perform.
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Section 26: Transfer of Ownership.
A Franchise shall not be sold, transferred, leased, assigned, or disposed of
in whole or in part either by sale, voluntary or involuntary merger, consolidation or
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otherwise, unless written approval is granted by the City Council within ninety
(90) days after transfer application has been submitted. Such costs associated
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with this review process shall be reimbursed to the City by a new prospective
Franchisee.
An assignment of a Franchise shall be deemed to occur if there is an actual
change in control or where ownership of fifty percent (50%) or more of the
beneficial interests, singularly or collectively, are obtained by other parties. The
word "control" as used herein is not limited to majority stock ownership only, but
includes actual working control in whatever manner exercised.
A Franchisee shall promptly notify the City prior to any proposed change in,
or transfer of, or acquisition by any other party of control of a Franchisee's
company. Every change, transfer, or acquisition of control of a Franchisee's
company shall cause a review of the proposed transfer. In the event that the City
adopts a resolution denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Franchise. Approval shall
not be required for mortgaging purposes or if said transfer is from a Franchisee to
another person or entity controlling, controlled by, or under common control with
a Franchisee.
The City will monitor the limitations or ownership, control, utilization and
restrictions on sale of systems in accordance with the Act.
Ordinance #95-239, Page 23
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Section 27: Removal & Abandonment of Property of Franchisee.
The City may direct a Franchisee to temporarily disconnect or bypass any
equipment of a Franchisee in order to complete Street construction or
modification, install and remove underground utilities, or for any other public
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reasons. Such removal, relocation or other requirement shall be at the sole
expense of a Franchisee.
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In the event that the use of any part of the cable system is discontinued for
any reason for a continuous period of twelve (12) months or more, or in the event
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such system or property has been installed in any Public Right of Way or other
public place without complying with the requirements of the Franchise or'Qther
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City ordinances or the Franchise has been terminated, cancelled or has expired,
a Franchisee shall promptly, upon being given ten (10) days' notice, remove at its
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expense within ninety (90) days from the Public Right of Way or other public place
all such property and poles of such system other than any which the City may
permit to be abandoned in place. In the event of such removal, a Franchisee
shall promptly restore the Street or other areas from which such property has
been removed to a condition satisfactory to the City.
Any property of a Franchisee remaining in place ninety (90) days after the
termination or expiration of the Franchise shall be considered permanently
abandoned. The City may extend such time not to exceed an additional ninety
(90) days.
Any property of a Franchisee to be abandoned in place shall be abandoned
in such manner as the City shall prescribe. Upon permanent abandonment of the
property of a Franchisee in place, the property shall become that of the City, and
a Franchisee shall submit to the City Clerk an instrument in writing, to be
approved by the City Attorney, transferring to the City the ownership of such
property. None of the foregoing affects or limits Franchisee's rights to
Ordinance #95-239, Page 24
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compensation for an involuntary abandonment of its property under state, or
federal law.
Section 28: Revocation for Cause.
Any Franchise granted by the City may be terminated during the period of
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such Franchise for either failure by a Franchisee to comply with provisions of this
Ordinance, the Franchise, FCC technical guidelines or other applicable federal,
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state or local laws, rules or regulations.
The procedure to be followed resulting in termination for any of the above
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reasons, except Franchisee's request, shall be:
1. The City Council shall direct a Franchisee, in writing, to cure such a
default within thirty (30) days or a reasonable period of time.
2. Failure to cure the default within such thirty (30) days or other prescribed
period will cause the matter of termination to be brought before the City
Council for hearing.
3. At such hearing a Franchisee and other interested parties may offer
evidence explaining or mitigating such non-compliance. The City Council,
in its sole discretion, will make the determination as to whether such non-
compliance was without just cause. In the event the City Council finds that
such non-compliance was without just cause, the City Council may in its sole
discretion fix an additional time period to cure such defaults. If the default
has not been cured at the expiration of any additional time period or if the
Council does not grant any additional period, the City Council may by
ordinance declare the Franchise to be terminated and forfeited.
4. If a Franchisee appeals the City Council revocation and termination, such
revocation may be held in abeyance pending judicial review by a court of
competent jurisdiction, provided a Franchisee is otherwise in compliance
with the Franchise.
Ordinance #95-239, Page 25
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5. Nothing contained in the above subsections of this Section shall prevent
the issuance of a new Franchise containing terms substantially the same or
identical to a Franchise which previously was revoked, upon satisfactory
assurances made to the City Council that the terms and conditions of this'
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Ordinance can be met by the new Franchisee.
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Section 29: Effect of Termination for Non-ComDliance.
Subject to state and federal law, if any Franchise is terminated by the City by
reason of a Franchisee's non-compliance, that part of the system under such
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Franchise located in the Streets and public property, shall, at the election of the
City, become the property of the City at a cost consistent with applicable
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provisions of federal law. If the City, or a third party, does not purchase the
system, a Franchisee shall, upon order of the City Council, remove the system as
required under Section 27 Removal & Abandonment of Propertv of Franchisee of
this Ordinance.
Section 30: Indemnitv & Hold Harmless.
Franchisee agrees to indemnify and hold the City, its elected officials,
officers, employees, agents, and volunteers harmless from any and all claims,
demands, losses, actions and liabilities (including costs and all attorney fees) to
or by any and all persons or entities, including, without limitation, their respective
agents, licensees, or representatives, arising from, resulting from, or connected
with this Franchise to the extent caused by the negligent acts, errors or omissions
of the Franchisee, its partners, shareholders, agents, employees, or by the
Franchisee's breach of this Franchise.
In the event it is determined that RCW 4.24.115 applies to this Franchise,
Franchisee agrees to defend, hold harmless and indemnify the City to the
maximum extent permitted thereunder, to the full extent of Franchisee's
negligence. Franchisee understands that these indemnity provisions shall apply
Ordinance #95-239, Page 26
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to claims from which the Franchisee would otherwise be able to claim immunity
under Title 51, RCW, and that this understanding has been mutually negotiated
by the parties. The provisions of this Section shall survive the expiration or
termination of this Franchise with respect to any event occurring prior to such
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expiration or termination. In any case in which suit or action is instituted against
the City by reason of damage or injury caused by a Franchisee, the City shall
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cause written notice thereof to be given to a Franchisee and a Franchisee
thereupon shall have the duty to appear and defend any such suit or action,
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without cost or expense to the City.
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The City shall at its sole expense. fully indemnify and hold harmless a
Franchisee, its officers, agents and employees from any and all claims, suits,
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actions, liability and judgement for damage resulting from the City's sole
negligent action which results in liability to a Franchisee in connection with the
City's use of the Emergency Alert Override, I-Nets or Public, Educational, and
Government access.
Section 31: Insurance.
A Franchisee agrees to maintain and shall furnish the City with a certified
copy or original of a commercial general liability insurance policy naming the City
as an additional insured. The amount of such policy shall be as deemed
appropriate by the City. Such insurance must be in place no later than the date of
acceptance of a Franchise by a Franchisee. This insurance shall be maintained
in full force at the Franchisee's expense throughout the period of the Franchise.
The coverage shall be at least as broad as Insurance Service Office ( ISO) Form
Number CG 0001 (Commercial General liability). including X , C , U , and ISO
Form Number CA 00001 ( Commercial auto) The City may delineate more
specific details concerning such insurance prior to the award of a given
Franchise.
Ordinance #95-239, Page 27
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Section 32: Recourse AQainst Bonds and Other Security.
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Bonds and other security may be utilized by the City for any purpose,
including, but not limited to, reimbursement of the City by reason of a'
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Franchisee's failure to pay the City any sums due under the terms of this
Ordinance or the Franchise, reimbursement of the City for reasonable costs borne
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by the City to correct Franchise violations not corrected by a Franchisee after due
notice; and monetary remedies or damages assessed against a Franchisee due
to default or violations of the Franchise requirements or this Ordinance.
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A. Recourse. In the event Franchisee has been declared to be in default by
the City under Section 28: Revocation For Cause, and if a Franchisee fails, within
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thirty (30) days of mailing of the City's finding, to pay the City any Franchise fee,
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penalties, or monetary sanctions. or fails to perform any of the conditions of the
Franchise, the City may thereafter foreclose against the performance bond and/or
withdraw from any other security an amount sufficient to compensate the City's
damages, with interest at the legal rate. Upon such foreclosure or withdrawal, the
City shall notify a Franchisee in writing, by first class mail, postage prepaid, of the
amount and date thereof.
B. Restoration. Within thirty (30) days after mailing notice to a Franchisee
that the City has foreclosed Franchisee's performance bond or that any amount
has been withdrawn by the City from the other security pursuant to subsection "A"
above, a Franchisee shall deposit such further bond or sum of money, or other
security, as the City may require, sufficient to meet the requirements of this
Ordinance.
C. Rir;¡hts of the City. The rights reserved to the City with respect to any
bond or security are in addition to all other rights of the City whether reserved by
this Ordinance or authorized by law, and no action, proceeding, or exercise of a
Ordinance #95-239, Page 28
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right with respect to any bond or other security shall constitute an election or
waiver of any rights or other remedies the City may have.
Section 33: Equalization of Civic Contributions
In the event the City grants an overlapping Franchise under terms and
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conditions materially different from those in the existing Franchise, then the
Franchisee may, within six (6) months of the grant of such overlapping Franchise,
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elect to come under the same terms and conditions as the overlapping Franchise.
Said election shall apply to the Franchisee's entire Franchise area and shall
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become effective upon the Franchisee's filing with the clerk of the City its written
acceptance, and its agreement to be legally bound to comply with all termS"and
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conditions applicable to the overlapping Franchise.
Section 34: Inconsistency.
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If any portion of this Ordinance should be inconsistent or conflict with any
rule or regulation now or hereafter adopted then to the extent of the inconsistency
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or conflict, the rule or regulation of the applicable federal or state agency shall
control for so long, but only for so long, as such rule, regulation, or law shall
remain in effect. The remaining provisions of this Ordinance shall not be effected
thereby.
Section 35: Severability.
The provisions of this Ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
Section 36: Ratification.
Any act consistent with the authority and prior to the effective date of this
Ordinance is hereby ratified and affirmed.
Ordinance #95-239, Page 29
7 of August
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12 ~L r. '" M::td/>J
: ~ MA~OR~RY E. GATÉ~
¡~~S(y~l.~ ~~.
1 8 CITY CLERK, N. CHRISTINE GREEN, CMC
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20 APPROVED AS TO FORM:
~~~GNDElL ~
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Section 37: Effective Date.
This Ordinance shall take effect and be in full force five (5) days from and
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after its passage, approval, and publication as provided by law.
6
PASSED by the City Council of the City of Federal Way this
1st
day
, 1995.
CITY OF FEDERAL WAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE
ORDINANCE NO. 95-239
5/29/95
8/1/95
8/5/95
8/10/95
Ordinance #95-239, Page 30
Customer Service
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nin.., "OJ p,n.n, ot ", <l., vM" no"ai op","n;
coOOl<lon,. """'d Oh a <"""I, b..i,.
(01 T" op"n" vill no, b, n,vin' co or""" ',v'p=o"
o. put". av..", " ""vn co'pH.". vl<h cO, ":'phon,
.n,v"ln; n.Mord, .bov, vol.., or. h"'o,ic.l "",. 0'
cooploion inOlc.... a cl.or toilvn '0 co,pl,.
(O, UM" 00".1 op"..ln, ,ondlelon,. th, 0=",.. vill
u"i.. . bv,y 'l,nol ".. ".An "u, C3I p"m, " ", ,..,.
(E' Cv..o." ."vl" "n.., eo. b111 p.,.m "'.tion, vi1l
boo... .. l..n dv,in; to'.al bv"n.., bo"" .n 0011 b,
oon..h"n", lo<"od.
'" 'on.a..lo",. cv,.;.. .n' ",vl" ..aa. Cnd" ""'1
c".min; cood"ioo,. "" of 'h, :oHovin; fov, ","or', vln
'" ,.. 00 "" th.n 01.." t!.. "" "."'nc 0' ct. <1., '""ud
on . ""'..'1, b..l"
(AI St.nd"d lhn.a.'i'n, v'n '" """'"d "chin ....n
IT' bu,l.." day, at,., an c"" h" "'.n plooo'. ""and,,""
inn.n.tio", .u tho.. "or .00 ""',d vp " '" 'm tn. '.0
",in,,; "'<rib"loh "no,.
Ct, Excludih; cond",o.. be,oo. .., coo"'l " ", ope"",.
th, cobl. OPOtU" v111 b'.'n V"kin; 0. """.", 'O,Ottep"ooo.
0<1, ..d 10 no ev," 10", ".'0 " ho"" .f", ,.,
..vp"" b",... ,"ovo. ", c.... op'"", .." .,;i.
c" °, CO"", 0"." ..,vl" pnbl,., 'h, hOt' ""'.0" '"
0_." h"""."on 0' <h. ",vle, p"bl...
Ordinance #95-239, Page 31
APPENDIX A
(CI TOO ".ppo1o'.,o' ">ndov" '1"'0001.., to, 10".".",no.
'orvleo c.ll,. .nd 0,"" 1"..".",. ."'vi".. v"l b, ,,<hOt .
'p"lflc uoe 0'. 00 '."'.vm. . to"'-Mv, "., bloCk 'vti.. .
no,~l bv,i"", hovtO. 'T" opo..." .., .ch,dv" 'orvi," tOl.,
.nd o,"or In...lluloh .,uv"i.. ov"ldo 0' 00".' bv"h'"
how," fo, ", "'p"" coo..n..", of th, cvnom".1
'" An op"u" m" '0' c.ncol .h .ppoio""" v>th. .
'",,0'" at", <h, clo.. 0' >vun", on ", bV"h'" 0., .'10' '0
", '<h'd,l" .pp"n..,...
(E' :: . c.", op""" "p"..".tiv, lo 'vhnln; 10" t..
.0' .pp;com" v,," . C"",." ..d ">" hO< b, ab" " .... "e
.p,ClO,O", .. ".'d,".. <h' ,...,." v.11 b, "n.."". T'o
.ppo'omn, vill c, ""',dvl,d. .. """..". 00 . tir.o v",CO lo
conv,oi"., ", "., c"n,.".
<" Co-vnle."cn, b..v.,n c.>i, op'man .od coh"
sub"""",.
(A> "o""c"i", '0 'vb""b",-
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"ch " ,., tollov..; m.. 00 '"' u.. ot in".aulDh ,f
a"vi". .. ,.." .nnv,ll, '0 .ll 'vb",ih,... .hd 00 .ny "m,
up" ..>v"" ,
(i( ."d"" .00 ..nic.. oU"od,
<111 ,,1m an' op"on, 'or P'o;"-lh; aOtvim and
condit"" " ,vb""p"on to P'o"'-ih; eod o"or ..tVi""
'"ll '....ll.tion .hO ,orvl" '.In,,..",, pollo.."
and.
<lvl i"",vc<lo", Oh hov " u.. ".a tOblo '"vle"
(vi ".ono1 pod"o", ot .";'"=in; COtti" on Che" """"
<vii bilHn; .00 "'pld" ","odU,... l"'vO1n; "0 od<u"
aOO ",l'phon, nvob" of <t.o loc.l t,.ochi.. ..,ho.",', co""
o::i".
'" Cvno.", v", b, 00"'..' ct .ny ch.n... ih r"...
P"."~"" ..,"',.. 0' ch.n",l po","on, .. ,ocn .. P"ub..
",ce,. .=""o..n.. co <he cablo ""'" and ln v"'ln;. No"oo
.", b, ;"" " ,vh",'>'" . ""'>0. ot chi"y (]OI d.,. lh
~~~a~;~l;' o~~~~C~;~h;~~ ;~d¡~:O~~.~~; ;:\'~'~,;~:, C:~;¡~' h~~1f'
'vb""b", ,hi '" "" d." in ad.on" ot .n, ";hific."
".n;.. io ", "h.. lnfor.."" """'" b, th, p""'lo;
POt."'ph.
'B' "'Hn."
11' BUlo v111 b, cl'.,. CO"", .nd ~d'n"nd.b". Silla
mv" .. 'v11, """". ,,<t. ito""uooo i"lvdin.. hv, h"
il"",d 'd. b..lc .nd ",o'" "'V", "Ot;.. .hO ""cp""
ohOt.... 811.. vi" .i" "0"" d'"h"", ." ""v"1 d",,;
the bil"n. p"iDO. i"'COln, :.",n,' 'hOt;... ..b".. ...
ondiu.
(liJ 'h cm ot . b"l1h; Ol'pvto. <h, c.bl< ,pm,., ov"
r"pOOd " . ,,""" co~pl"" t". a 'v',"OUb" "'n'o <hi",
"" d.".
(C, .d~d,- "'~.d choc" v"l c, l"v" P"'P"". hu, "
inn ".n ""u.
(1} th, cuno",', n.n bllli,; c,c'o follovlh, ..",","
of tho n""on or 'hi"', <301 de"~. vhioh..., " ..,lior. or
(11} ", ruv," ot <he .qulp.'n, ,vppli.d h, th, c.hlo
op'mo, 1t ,.nico h 'orolnn".
(OJ CnO1'" Cndi" too "tVi" vlll be i"v" no 1.tO'
"..n th, ,vno",' a no" h":!h' ,,:10 follovln; ",
d..'tOih.'.Oh '"n a cu." " v.".,...d.
(41 O'<1nit1o.,'
(AI Nor~l 8.;"'.. HovtO. Tho COt. "M".' bv..n... .C"tO.
...n. 'ho.. hovtO dv'in; v,.", mo.. ".iler bv,ih""" 'h ,..
co-unit, era op,n co ..... cvnomm. 'c all C"". "oor..l
bvdno" bo"," .vn In<1.do ".. a..nln; hovtO n "m o.e
nl;he ".. v..k .ndl" "" v..kend Mvn.
(BI No,""l OpeTnln; Conditio"," 3ho COtm .nO".l °P""'h;
oOhdltion," ..... thou ..""" oohdi"on, vhich au vith" ",
oontro1 0' U,. cab10 opem". Tho.. oonditlo.. which 80' ""'-
vithln Cho control of <ho ..hlo op'm" ioeludo. by, .u M'
I1mitad <D. nnutOl "",,"to. <1vll "nu'b.."". pow", ouU,u.
t8lophon, huvOr)< ou,,;... a.. uvu, 0' uhv,v.l v,",hor
conditlona. Tbou oondiUon, vh>eh &u. O'O1hUllY vith" ".0
controi of ", ..blo c".m., 'oelvdo. by, an nOt l1.itOd ".
apoclo1 .ro.o<1on,. ..'"PU-Vlov """. tOtO loem..,. ..;vlo'
..., 0' ""0001 d'~od p"lod,. .nd '.In''n.n,, 0' V""'.da ot
th, c.bl, ey",..
(CJ "'vi" to~o"VP'iOh- The tOtO .'orvl" in""Vp"oo"
'..n, th, 1o" cf pmv" 0' "vn' .. 00' o. mm «", ,h.nn,1o.