[HISTORY: Adopted by the Common Council of
the City of Gloversville 8-10-1965 as Ch. 88 of the 1965 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Poles and wires — See Ch. 206.
[Amended 5-21-1974]
A.
The use of the city streets, highways and other property
owned by the City of Gloversville, for the purpose of installing and
running a cable to carry audio and video signals and to connect such
installations or other apparatus as may be necessary to permit the
connection from the cable to private property in the said City of
Gloversville, is hereby placed under the control of the Common Council
and the supervision of the City Engineer and the City Electrician.
B.
The city reserves the right to adopt, in addition
to the provisions contained in this chapter and any permits issued
thereunder, such additional regulations as it shall find necessary
in the exercise of its police power; provided, however, that such
regulations are reasonable and not materially in conflict with the
rights and privileges granted by this chapter and any existing permit.
C.
The city reserves the right to inspect all pertinent
books, records, maps, plans, financial records and other like materials
of the permittee upon reasonable notice and during normal business
hours.
D.
The City Clerk is responsible for the continuing administration
of this chapter and any permit issued thereunder.
E.
The terms of this chapter are subject to the approval
of the New York Commission on Cable Television.
F.
Any modifications of the franchise standards of the
Federal Communications Commission and the New York State Commission
on Cable Television shall be incorporated by amendment to this chapter
within one (1) year of such modification or at the time of franchise
renewal, whichever occurs first.
It shall be unlawful for any person, firm or
corporation to construct, maintain or operate upon, over or under
the public streets and highways and public places in the City of Gloversville
a line or lines of wire or other conductors or feeders or service
wires, or attach said line or wires or cables to any trees owned by
the City of Gloversville or in the public way, or to maintain and
keep the same in repair without the express permission of the Common
Council.
A.
If permission shall first be obtained from the Common
Council, permittees shall obtain permission and are hereby permitted
to enter into agreements with persons or corporations already holding
licenses or franchises with the said City of Gloversville for the
erection, maintenance and use of poles and cables in the city streets
so as to avoid the necessity of encumbering the public streets with
additional poles and wires, and copies of such permission and/or agreements
shall be filed with the City Clerk. Where there are no poles available,
the permittee shall have the right to erect and maintain its own poles,
if necessary or convenient, for the proper construction and maintenance
of the television distribution system, subject to the prior approval
of the City Engineer and City Electrician.
B.
The annual charge for the street crossing of the main trunk lines shall be five percent (5%) of the gross receipts from the monthly service charge set forth in § 115-5 hereof, said payment to be made on or before the tenth day of each and every month to the Commissioner of Finance based on the gross receipts received during the month previous to such payment.
[Amended 7-11-1972; 12-17-1974 by L.L. No.
30-1974]
C.
Gross receipts, for the purpose of this chapter, shall
mean any and all compensation or other considerations in any form
paid by the subscriber to a licensee hereunder arising from the sale
of service to customers within the corporate limits of the city; provided,
however, that only the regular monthly service charges, not including
any state or federal tax levied upon said service, shall be considered
in computing said sum and that original installation charges, reconnection
charges and charges for inspection, repair or modification of the
installation shall not be considered in computing the gross receipts.
[Amended 5-21-1974]
A permit granted pursuant to this chapter shall
terminate ten (10) years from the date of grant, subject to renewal
for an additional period of five (5) years, such renewal to be exercisable
by the permittee at its option. Said permit shall be nonexclusive.
[Amended 5-21-1974]
A.
The permittee's rates for service rendered to subscribers
pursuant to this chapter shall not exceed those set out in the rate
schedule attached hereto as Exhibit A and made a part hereof.[1] In addition to the monthly service charge specified as
Exhibit A, the permittee may add to that rate taxes or fees imposed
upon the permittee's gross subscriber revenues by the city or by state
or federal governmental or legislative bodies and fees or charges
imposed upon the permittee for the use and distribution of copyrighted
program material. With the exception of charges for specialized programming
and other specialized services, rates for classes of service other
than those set forth in Exhibit A shall mutually be agreed upon by
the city and the permittee; provided, however, that should a mutual
agreement pertaining to such rates not be reached within a reasonable
time, which shall not exceed forty-five (45) days from the date negotiations
are initiated, said rates shall be determined by the New York State
Cable Commission.
[Amended 2-8-1977; 11-12-1980]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B.
No increases in rates charged to subscribers shall
be made except as authorized by the city after an appropriate public
hearing affording due process, provided that all rate increases shall
fully comply with the rules and regulations of the New York State
Cable Commission and the Federal Communications Commission.
The operators of any cable system licensed by
this chapter shall not engage in the sale, repair or maintenance of
television sets and antennas and shall only install, repair or maintain
the television cable erected by said licensee.
A.
The City Engineer and the City Electrician are hereby
authorized to make and adopt. upon approval of the Common Council,
such rules and regulations as may be necessary for the clarification
and the proper enforcement of the provisions of this chapter. Such
rules and regulations shall not be in conflict with the provisions
of this chapter. A certified copy of such rules and regulations shall
be filed with the City Clerk and shall have the same force and effect
as the provisions of this chapter, and the penalty for violation thereof
shall be the same as for violations of the provisions of this chapter.
B.
All permittees shall comply with all orders, regulations,
rules and recommendations issued by the City Engineer and City Electrician
and shall be subject to inspection by the Electrical Inspector for
the City of Gloversville, the City Engineer and City Electrician at
any and all times. Permittees shall procure, prior to the commencement
of the operation of the service hereunder, such permits as may be
required by law, if any, from the federal and state regulatory bodies.
C.
In all street installations, the cables or wires shall
be erected in accordance and with the approval of the utility companies
owning the poles or underground ducts, and also in accordance and
with the approval of the City Engineer and City Electrician. Coaxial
cables shall be used to carry the television signal along all streets,
and messenger cable shall be used to carry the coaxial cable across
streets. All poles and cables shall be maintained in a safe condition
at all times, and all installations shall be made pursuant to and
in accordance with the terms and conditions of any and all ordinances
of the City of Gloversville relating to electrical wires, telephone
wires, cables, and television wires and cables, which now or hereafter
may be adopted by said city.
D.
If it is necessary for a permittee to displace any
signal wires owned and/or maintained by the City of Gloversville,
before such work is done such permittee shall be required to:
(1)
Notify the Traffic Supervisor, in writing, and get
written permission to displace such signal wires.
(2)
Take care of all costs and expenses in connection
with the replacement or relocation of such wires.
(3)
Maintain uninterrupted service of the city's signal
facilities, if any moving of the facilities is necessary.
E.
The City of Gloversville hereby reserves to itself
the right and privilege to use and have the use of the permittee's
wires, cables and poles for municipal purposes.
F.
Manner of installation.
(1)
All installments of equipment shall be of a permanent
nature, of durability, suitability and quality and shall be installed
in accordance with recognized engineering practices and in compliance
with all existing ordinances, laws, rules and regulations of the City
of Gloversville, State of New York and United States of America, so
as not to interfere in any manner with the rights of the public or
the rights of individual property owners, and said systems shall not
interfere with the travel and use of public places during the construction,
repair, maintenance or removal thereof.
(2)
All work involved in the construction, installation,
maintenance and repair of the cable system shall be performed in a
safe, thorough and reliable manner.
[Added 5-21-1974]
(3)
Any municipal property damaged or destroyed through
the fault of the permittee, its employees or agents shall be promptly
repaired or replaced by the permittee and restored to serviceable
condition.
[Added 5-21-1974]
G.
The City of Gloversville and all holders of public
licenses and franchises within the corporate limits of the city shall
cooperate with the permittee and, whenever possible and subject to
permission from utility companies, shall allow the permittee to jointly
use their poles and pole line facilities, provided that such usage
does not interfere with their normal operations, so that the number
of new and additional poles constructed within the boundaries of the
city may be minimized. Such cooperation shall include the right by
the permittee of joint usage at rates and upon terms agreeable to
the parties concerned.
H.
The permittee shall install and maintain its television
distribution system so as not to interfere with television reception
already in existence.
I.
The permittee shall install and maintain, without
cost or expense to the city, city school district or any parochial
school, a single tap connection in and to any public school or any
parochial school.
It shall be unlawful for any person, firm or
corporation in the installation, maintenance or use of television
cable to cause any radio or television interference in any degree.
Upon complaint to the Electrical Inspector for
the City of Gloversville, the City Engineer or the City Electrician,
or upon its own initiative, the city may cause to be investigated
the cause or causes of radio or television interference disturbing
or interfering with radio or television reception. If, upon such investigation,
the source or sources of such alleged disturbance or interference
is determined, said Inspector or City Engineer or City Electrician
shall give notice, in writing, to the person, firm or corporation
responsible therefor to correct or eliminate the cause of such disturbance
or interference within a reasonable time thereafter to be stated in
such notice.
Any person, firm or corporation who, within
the time fixed in such notice, refuses or neglects to correct or eliminate
the cause or causes of such radio or television interference and who,
after such time, knowingly and willfully or maliciously on account
of such cause continues to interfere with the reception of radio messages,
communications or broadcasts shall be punishable by a fine of not
less than fifty dollars ($50.) nor more than two hundred fifty dollars
($250.) or imprisonment for a period not exceeding fifteen (15) days,
or both, and each day on which such offense continues shall constitute
a separate offense.
A.
Any permit issued hereunder may be suspended or revoked,
in the discretion of the Common Council, after hearing, upon at least
ten (10) days' notice, held upon charges given to the permittee and
an opportunity to be heard in his defense in person and/or by attorney,
if the Common Council is satisfied that the holder of such permit
or any of his or its officers or employees willfully or by reason
of incompetence has violated any provision of this chapter or any
other law or any ordinance or local law, or any requirement contained
in the rules and regulations of the National Board of Fire Underwriters
known as the "National Electrical Safety Code" or the New York State
Board of Fire Underwriters, or any contract agreement between the
permittee and users of the television cables.
B.
The Common Council may, in lieu of suspending or revoking
a permit hereunder, impose a fine of not less than fifty dollars ($50.)
nor more than two hundred fifty dollars ($250.) or imprisonment for
a period not exceeding fifteen (15) days, or both, and may suspend
the permit until such fine is paid; and each day on which such offense
continues shall constitute a separate offense.[1]
A.
Any person, firm or corporation receiving a permit
to install television cables in the City of Gloversville shall file
and keep on file with the City Clerk of the City of Gloversville the
following types of insurance coverage:
(1)
Workers' compensation insurance upon his employees
engaged in any manner in the construction, installation or servicing
of his plant and equipment within the City of Gloversville.
(2)
Public liability insurance, insuring said person,
firm or corporation in the amount of one million dollars ($1,000,000.)
for property damage and a minimum combined single limit of five hundred
thousand dollars ($500,000.) for personal injury or death by reason
of the construction, installation, maintenance, servicing or operation
of his plant and equipment for installations within the City of Gloversville,
said policies also to be endorsed to protect the City of Gloversville
and to save said city harmless from any loss incurred by it due to
any action at law or in equity as a result of any such property damage
or personal injury.[1]
(3)
Faithful performance bond, with a corporate surety
company approved by and in a form satisfactory to the City Attorney,
in the amount of ten thousand dollars ($10,000.), renewable annually,
and conditioned upon the faithful performance of a licensee hereunder
and conditioned that, in the event that a licensee hereunder shall
fail to comply with any one (1) or more of the provisions of this
chapter or of any license granted hereunder, then there shall be recoverable,
jointly and severally, from the principal and surety of such bond,
any damages or loss suffered by the city as a result thereof, including
the full amount of any compensation, indemnification or cost of maintenance,
repair, removal or abandonment of property as prescribed hereby which
may be in default, plus a reasonable allowance for attorneys' fees
and costs, up to the full amount of the bond, said condition to be
a continuing obligation for the duration of this license and thereafter
until a licensee has liquidated all of its obligations with the city
that may have arisen from acceptance of a license and a licensee has
fulfilled all obligations and complied with all the terms of this
chapter. The bond shall provide that thirty (30) days' prior written
notice of intention not to renew, cancellation or material change
be given to the City Clerk. Neither the provisions of this section,
any faithful performance bond accepted by the city nor any damages
recovered by the city under said bond shall be construed to excuse
faithful performance by a licensee or limit the liability of a licensee
under a license or for damage, either to the full amount of the bond
or otherwise.
B.
The permittee shall indemnify the city for and hold
it harmless from all liability, damage, cost or expense arising from
claims of injury to persons or damage to property occasioned by reason
of any conduct undertaken pursuant to the permit.
[Added 5-21-1974]
Any person, firm or corporation who erects,
places or maintains any television cable, messenger cable, poles,
screws, amplifier or other apparatus under this chapter shall, in
the event that said cable is no longer used to provide television
reception in the City of Gloversville, immediately after order by
the Common Council, remove said cable and cables, hooks, screws, poles,
amplifiers and other equipment and apparatus from all streets and
public places in the City of Gloversville as well as from private
property upon the request of the owner thereof.
[Added 5-21-1974]
A.
Within one (1) year from the date the Federal Communications
Commission and the New York State Cable Commission have certified
that the permittee's plans for cable television operations in and
for the city comply with their respective rules and regulations governing
cable television, the permittee shall extend energized trunk cable
throughout the city and make service available to any resident who
requests service, unless additional time is granted by the Common
Council upon request of the permittee for good cause shown. However,
if the city should annex further territory as authorized by law, the
permittee shall extend energized trunk cable to the remaining portions
of the city so annexed within one (1) year thereafter, unless additional
time is granted by the Common Council upon request of the permittee
for good cause shown. Extension of service shall not be required into
an area where there are less than forty (40) homes per lineal mile
within five hundred (500) feet of the permittee's existing trunk cable.
The cable system to serve the City of Gloversville shall have at least
a twenty-channel capacity for access and origination. The plant shall
have the technical capacity for nonvoice return communications, and
two-way communications shall be made available as demand requires.
The fifty-two (52) miles of city streets shall be cabled to the extent
necessary to service the approximate seven thousand (7,000) homes
within the city limits.
B.
The permittee shall file requests for all necessary
operating authorizations with the Federal Communications Commission
and the New York State Commission on Cable Television within sixty
(60) days from the date a permit is issued under this chapter.
C.
The permittee shall not abandon any service or any
portion thereof without the written consent of the Common Council.
[Added 5-21-1974; amended 6-15-1976]
A.
The permittee shall be allowed to maintain only one
(1), single, local business office or agent, which such office shall
be located either within the corporate limits of the City of Gloversville,
New York, or within the corporate limits of the City of Johnstown,
New York, and it shall not be necessary for the permittee to maintain
such office solely within the corporate limits of the City of Gloversville,
New York, for the purpose of receiving and resolving all complaints
regarding the quality of service, equipment malfunctions and similar
matters.
B.
The local office shall be open to receive inquiries
or complaints from subscribers during normal business hours, the minimum
office hours of which shall be from 9:00 a.m. to 5:00 p.m., Monday
through Friday.
C.
Any complaints from subscribers shall be investigated
and acted upon as soon as possible, but at least within one (1) business
day of receipt.
D.
The permittee shall keep a maintenance service log
which will indicate the nature of each service complaint, the date
and time it was received, the disposition of said complaint and the
time and date thereof, and the log shall be made available for periodic
inspection by the city.
E.
The permittee shall provide notice to each of its
subscribers, at intervals of not more than one (1) year, of the procedure
for reporting and resolving subscriber complaints. Said notice shall
be written or be by such other means as the New York State Commission
may from time to time approve upon application by the permittee.
[Added 5-21-1974]
The permittee shall not refuse to hire or employ,
nor bar or discharge from employment nor discriminate against, any
person, in compensation or in terms, conditions or privileges of employment,
because of age, race, creed, color, national origin or sex.
