HomeMy WebLinkAboutRes 2019-37 RESOLUTION 2019-37
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE APPLICATION AND
AFFIDAVIT FOR VIDEO SERVICE LICENSE AND UNIFORM VIDEO SERVICE
LICENSE AGREEMENT FOR VIDEO SERVICE PROVIDERS
ENACTMENTS:
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows:
i
SECTION 1. The Application and Affidavit for Video Service License is hereby approved in the
form as set forth in Exhibit A, attached hereto and incorporated by reference.
SECTION 2. The Uniform Video Service License Agreement is hereby approved in the form as
set forth in Exhibit B, attached hereto and incorporated by reference.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
I authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
18th day of June, 2019.
I FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Ginny ickey, ayor Elizabe ► . Burke, Town C rk
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REVIEWED BY: APPROVED AS TO FORM:
11 . \/ 4",u.,,,. __ ______ `x�
Gra• E. Mill,. •wn Manager ron D. s n- Town Attorney
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RESOLUTION 2019-37 PAGE 2
EXHIBIT A
TO
RESOLUTION 2019-37
[Application and Affidavit for Video Service License]
See following pages.
CAS:dkk 1350750.1 10/14/2010
APPLICATION AND AFFIDAVIT FOR UNIFORM VIDEO SERVICE LICENSE
(Pursuant to Title 9, chapter 13, Arizona Revised Statutes)
Local Government: Town of Fountain Hills
I. Applicant:
Date:
Applicant's Name:
Principal Place of Business:
Phone: Address:
City/Town: State: Zip:
Type of Entity: Jurisdiction of Formation: Email:
II. Applicant's principal executive officers or general partners:
Name: Title:
Address:
Name: Title:
Address:
Name: Title:
Address:
Name: Title:
Address:
III. Person(s) authorized to represent Applicant before Local Government:
Name: Title:
Address:
Phone: Fax: Email:
Name: Title:
Address:
Phone: Fax: Email:
IV. Check one pursuant to Arizona Revised Statutes Section 9-1411(C)(4):
❑ Applicant is an Incumbent Cable Operator as provided in Arizona Revised Statutes,
Section 9-1401(13).
❑ Applicant is not an Incumbent Cable Operator. The date on which the Applicant
expects to provide Video Services in the Service Area identified below under Section 9-
1411(C)(5)is:
Date:
V. For All Applications:
A. Applicant will timely file with the Federal Communications Commission all forms required
by that agency before Applicant offers Video Service in the Service Area,including the
forms required by 47 Code of Federal Regulations Section 76.1801.
B. The term of the uniform video service license shall be(not to exceed ten years):
Years
C. Applicant agrees to pay all lawful fees and charges imposed by Local Government as
provided in Arizona Revised Statutes, Section 9-1414(B)(4).
D. Applicant agrees to notify Local Government in writing of changes to the above information
within thirty days after the change occurs as provided in Arizona Revised Statutes,Section
9-1414(B)(2).
E. Provide an exact description of the Service Area as set forth in Arizona Revised Statutes,
Section 9-1411(C)(5),as identified by a geographic information system digital boundary
meeting or exceeding national map accuracy standards.
Select one:
The Service Area consists of all the territory within the Boundaries of Local Government:
The Service Area consists of all the territory within the area described on attached Exhibit A.
[VERIFICATION AND RECEIPT ON FOLLOWING PAGE]
Applicant Verification
I certify that the information contained in this application for a video service license in the Town of
Fountain Hills is true and correct. I further affirm that I am authorized by
[NAME OF APPLICANT] to file this application on behalf of applicant and to bind the applicant with
respect to the representations made in Section V, Paragraphs A through D of this application. A copy of
the authorization is attached to this application.
Name and Title(printed):
Signature: Date:
Local Government Receipt
The foregoing Application and Affidavit for Uniform Video Service License was received by Local
Government this day of , 20_; at
Town of Fountain Hills, an Arizona municipal corporation("Local Government")
By
Print Name
Title
Address
City,State,Zip
Phone
Fax
Email
Date
EXHIBIT A
[Service Area—Include if Necessary]
EXHIBIT B
TO
RESOLUTION 2019-37
[Uniform Video Service License Agreement]
See following pages.
Uniform Video Service License Agreement
Date of Issuance:
This Uniform Video Service License Agreement ("License") is made on the date of
issuance hereof by and between the Town of Fountain Hills, an Arizona municipal corporation
("Licensor") and , a(n) ("Licensee").
RECITALS
WHEREAS, Licensee has filed a completed application and affidavit under Title 9,
Chapter 13,Arizona Revised Statutes("Licensing Statute"),for Licensor to issue a Uniform Video
Service License to Licensee; and
WHEREAS, Licensee is authorized under the laws of the State of Arizona to provide Cable
Service.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and the mutual covenants set forth herein, the Parties agree as follows:
1. Definitions. Capitalized terms that are not defined herein have the same meaning
prescribed in the Licensing Statute, including A.R.S. Section 9-1401.
2. Licensee Information. The following appear on Exhibit A attached hereto and are
incorporated herein by this reference:
2.1 The name of Licensee, its type of entity and its jurisdiction of formation.
2.2 The address and telephone number of Licensee's principal place of
business.
2.3 The names, titles and addresses of Licensee's principal executive officers
or general partners.
2.4 The names, titles, telephone and fax numbers and email addresses of any
persons authorized to represent Licensee before Licensor.
3. Grant of License. Under the Licensing Statute, Licensor hereby issues to Licensee,
and Licensee hereby accepts from Licensor, a nonexclusive Uniform Video Service License.
3.1 The Service Area in which this License authorizes Licensee to provide
Video Service in the area described on Exhibit B is attached hereto and incorporated herein
by this reference.
3.2. Licensor grants Licensee authority in the delivery of Video Service to use
and occupy, and to construct and operate a Video Service Network in, Highways in the
Service Area in compliance with the Licensing Statue and this License.
3.3 Licensee may operate and maintain facilities installed in the Highways in
the Service Area to provide services pursuant to and subject to all the following: A.R.S.
Section 9-584 and A.R.S. Title 9, Chapter 5.
4. Licensee Compliance with Law. Licensee shall comply with and be subject to:
4.1 All valid and enforceable federal and state laws.
4.2 All generally applicable,nondiscriminatory Local Laws,including highway
use,mapping,insurance,performance bonds,security fund,indemnification,letter of credit
or similar requirements that apply to the use and occupation of any highway and that
conform to the Licensing Statute.
4.3 All public, education and government programming requirements of the
Licensing Statute.
4.4 All customer service rules of the Federal Communications Commission
under 47 Code of Federal Regulations Section 76.309(c) applicable to Cable Operators.
4.5 All consumer privacy requirements of 47 United States Code Section 551
applicable to Cable Operators.
5. Commencement of Video Service; Revocation. If Licensee is an incumbent cable
operator,Licensee shall begin to provide Video Services under this License on the date of issuance
of this License. If Licensee is not an incumbent cable operator, Licensee shall provide video
service to at least one subscriber within each service area authorized by this License not later than
twenty-four months after the date of issuance of this License. Failure of a non-incumbent cable
operator to provide video service to at least one subscriber within each service area as set forth
above shall result in revocation of this License unless the Licensee establishes to the satisfaction
of the Licensor that such failure was for reasons beyond the Licensee's control.
6. License Fee. Licensee is required to pay the License Fees required under the
Licensing Statute and all other lawful fees,taxes and charges imposed by Licensor. The initial rate
of the License Fee shall be five(5)percent.
7. Federal Filing Requirement. Licensee is required to file in a timely manner with
the Federal Communications Commission all forms required by that agency before Licensee offers
Video Service in the Service Area,including the forms required by 47 Code of Federal Regulations
Section 76.1801.
8. Term. The term of this License is ten(10) years and shall begin on the date of
issuance.
9. Compliance with Law. Licensor and Licensee agree that they are subject to and
must comply with the Licensing Statute. This License is subject to A.R.S. Section 38-511.
[SIGNATURES ON FOLLOWING PAGE]
Licensor Licensee
Town of Fountain Hills, an Arizona municipal , a(n)
corporation
By: By:
Its: Its:
Date: Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
STATE OF )
) ss.
County of )
The foregoing instrument was acknowledged before me this day of
20_by , the of , a on
behalf of Licensee.
(Seal)
Notary Public
STATE OF ARIZONA )
) ss.
County of )
The foregoing instrument was acknowledged before me this day of
20_by , Mayor of the Town of Fountain Hills, an Arizona municipal corporation,
on its behalf
(Seal)
EXHIBIT A
[Information about Licensee]
I. Licensee:
Date:
Applicant's Name:
Principal Place of Business
Phone: Address:
City: State: Zip:
Type of Entity: Jurisdiction of Formation: Email:
II. Licensee's principal executive officers or general partners:
Name: Title:
Address:
Name: Title:
Address:
Name: Title:
Address:
Name: Title:
Address:
III. Person(s) authorized to represent Licensee before Local Government:
Name: Title:
Address:
Phone: Fax: Email:
Name: Title:
Address:
Phone: Fax: Email:
Name: Title:
Address:
Phone: Fax: Email:
EXHIBIT B
[Service Area]