For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
COMMUNITY ANTENNA TELEVISION SYSTEM (hereinafter referred to
as "CATV system" or "system")
Any facility that, in whole or in part, receives directly
or indirectly over the air and amplifies or otherwise modifies the
signals transmitting programs broadcast by one or more television
or radio stations and distributes such signals by wire or cable to
subscribing members of the public who pay for such service, but such
term shall not include:
A.
Any such facility that serves fewer than 50 subscribers; or
B.
Any such facility that serves only the residents of one or more
apartment dwellings under common ownership, control, or management
and commercial establishments located on the premises of such an apartment
house.
COUNCIL
The Common Council of the City of Marion.
FCC
The Federal Communications Commission and any legally appointed
or elected successor.
GRANTEE
Any person who is granted a franchise by separate ordinance
in accordance with provisions of this chapter.
NATIONAL ELECTRICAL CODE
That code as sponsored by the National Fire Protection Association
under the auspices of the American National Standards Institute, with
the purpose of the code being detailed in Section 90-1 and the scope
of the code as outlined in Section 90-2 of the National Electrical
Code, and any subsequent amendments thereto.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
STREET
The surface of, and the space above and below, any public
street, road, highway, freeway, right-of-way, easement, alley, court,
sidewalk, parkway, drive or other public property hereafter existing
as such within the City of Marion; also meant to include those areas
dedicated for any of the above-described purposes.
It shall be unlawful for any person to construct, install or
maintain within any public street in the City, or within any other
public property of the City, or within any privately owned property
within the City which has not yet become a public street but is designated
or delineated as a proposed public street on the City's Official
Map or on any tentative subdivision map approved by the City, any
equipment or facilities for distributing any television signals or
radio signals through a cable television system unless a franchise
authorizing the use of such street or property or area has first been
obtained pursuant to the provisions of this chapter and unless such
franchise is in full force and effect.
All state and national health and safety codes, including the
National Electrical Code, all applicable rules and regulations of
the Federal Communications Commission regarding cable television service
and cable television relay service, and the proposal of any person
granted a franchise hereunder are hereby incorporated herein by reference
and made part hereof as if fully set forth herein. Any violation of
such regulations or any failure, refusal or neglect by the grantee
to comply with any representation made in said proposal shall be a
violation of this section. If any valid law, rule or regulation promulgated
by any governing authority or agency having jurisdiction (including
but not limited to the FCC) contravenes the provisions of this section,
the provisions hereof shall supersede the proposal.
The authority granted above is expressly conditioned upon compliance
with the provisions of this chapter, including but not limited to
the following regulations:
A. Inspection. The City shall have the right to inspect and supervise
all construction or installation work performed in, under, upon, over
or through any street, easement or other public property.
B. Use of existing poles or conduits.
(1) Nothing in this chapter or any franchise granted hereunder shall
authorize the grantee to erect and maintain in the City any new poles
where existing poles of other companies or utilities are servicing
a geographic area. The grantee shall apply to the Street Superintendent
for permission to erect any new poles, underground conduit or appurtenances
where none exist at the time the grantee seeks to install its network.
(2) Any franchise granted hereunder shall not relieve the grantee of
any obligation involved in obtaining pole or conduit use agreements
from the utility companies or other persons maintaining poles or conduits
within any street or other public property, whenever the grantee finds
it necessary to make use of said poles or conduits.
(3) In the event that the grantee has its facilities located upon poles
or in conduits owned by other persons and the pole or conduit is removed,
relocated or abandoned, the grantee may be required to remove its
facilities and provide services in another approved method.
C. Underground facilities. The grantee shall be required to install
its facilities underground in any location where all other utilities
are underground.
D. Aboveground facilities. The grantee shall be required to install,
construct and build its earth station (receiving dish), head end and
tower within the City limits.
E. Facilities not to be hazardous or interfere. All installations of
equipment shall be of a permanent nature, durable, and installed in
accordance with good engineering practice, sufficient to comply with
all existing City of Marion regulations and state laws, so as not
to interfere in any manner with the right of the public or individual
property owner, and shall not interfere with the travel and use of
public places by the public, and during the construction, repair or
removal thereof shall not obstruct or impede traffic unnecessarily
or unreasonably interfere with the use or enjoyment of private property
adjacent thereto.
F. Restoration. In the event of disturbance of any street by the grantee,
it shall, at its own expense, replace and restore such street in as
good a condition as before the work causing such disturbance was done.
G. Notice of City improvements. The City reserves the right upon reasonable
notice to require the grantee, at its expense, to protect, support,
temporarily disconnect, relocate or remove from the City's streets
any property of the grantee by reason of traffic conditions, public
safety, street construction or vacation, change or establishment of
street grade, installation of sewers, drains, water pipes, power or
communication lines, tracks, or other types of structure or improvements
by governmental agencies or any other structures or public improvements.
"Reasonable notice" for this provision of this chapter shall be construed
to mean that at least 30 days prior to such improvements the City
will notify any grantee that some time after said thirty-day period
the grantee will be required to act hereunder within at least three
days of further notice. At any time after the expiration of the thirty-day
period, the City may require action hereunder upon three additional
days' notice.
H. Temporary removal of wire or cable for building moving. The grantee
shall, on the request of any person holding a building moving permit,
temporarily raise or lower its wires to permit the moving of said
building. The expense of such temporary removal, raising or lowering
of wires shall be paid by the person requesting the same, and the
grantee shall have the authority to require such payment in advance.
The grantee shall be given not less than 48 hours' written notice
of any move contemplated to arrange for temporary wire changes.
I. Reimbursement. In the event that the grantee fails to perform any such work detailed in Subsections
F,
G and
H within the time period provided for notice as contained therein, the City shall have the right to perform said work or enter into appropriate contracts to have said work done, at the sole expense of the grantee.
J. Authority to trim trees. The grantee shall have the authority to
trim trees upon and overhanging streets so as to prevent the branches
of such trees from coming in contact with the wires and cables of
the company.
K. Alternate routing of plant. In the event that continued use of a
street is denied to the grantee by the City for any reason, the grantee
will make every reasonable effort to provide service over alternate
routes.
L. Plant records. The grantee shall furnish the City, upon completion
of construction, maps, specifications, and staking sheets showing
all locations of the grantee's facilities. Upon any change as
to construction and removal, the grantee shall provide the City with
new and revised construction sheets for the City's records, except
for individual subscriber connecting wires or cables.
The rates and charges for television, radio and any other signals
distributed hereunder shall be fair and reasonable.
Any franchise granted pursuant to the provisions of this chapter
shall be nonexclusive, and the Common Council shall not be restricted
or prohibited from awarding other franchises to other community antenna
television system applicants at any time.