[Code 1979, § 7.202]
Every person desiring to install, erect, construct, operate
and maintain a community television antenna plant within the City
shall make application in writing, signed by the applicant or his
duly authorized agent, to the City Clerk. The application shall be
accompanied by a general plan of the system, showing the location
of the antenna, and shall also be accompanied by a financial statement
of the applicant; and before any license is issued, the licensee shall
furnish to the City Clerk copies of the insurance policies required
under this article, or a certificate from the insurance company certifying
that the policies are in effect. The application shall be accompanied
by the license fee of $100.
[Code 1979, § 7.203]
(a)
The licensee under this article shall indemnify and
hold the City harmless at all times during the terms of this license,
from and against all claims for injury or damage to persons or property,
both real and personal, caused by the construction, erection, operation
or maintenance of any structure, equipment, appliance or products
authorized to be used pursuant to authority of this article.
(b)
The licensee shall, at all times during the existence
of a license, carry and require his contractors to carry:
(1)
Insurance in such form and in such companies as shall
be approved by the City Attorney, to protect the City and himself
from and against any and all claims for injury or damage to persons
or property, both real and personal, caused by the construction, erection,
operation or maintenance of any structure, equipment or appliance;
and the amount of such insurance against liability due to damage to
property shall not be less than $100,000 as to any one person, and
$200,000 as to any one accident, and against liability due to injury
or death of persons $100,000 as to any one person and $300,000 as
to any one accident.
(2)
Worker's compensation insurance in compliance
with the laws of the state.
(3)
Automobile insurance with limits of not less than
$100,000/$300,000 and automobile property damage insurance with a
limit of not less than $10,000 to cover all automotive equipment.
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Each of the policies shall provide for a thirty-day notice of
cancellation to the City before any such cancellation shall become
effective.
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[Code 1979, § 7.204]
The licensee under this article, upon receipt of due notice
in writing from the City, shall defend at his own expense any action
or proceedings against the City in which it is claimed that the injury
or damage arose from the grantees' activities in the construction
or operation of the television system; and in the event of a determination
of liability shall indemnify the City. More particularly, the licensee,
his successors and assigns, hereby agrees to indemnify and hold harmless
the City from any and all liability, claim, demand or judgment growing
out of any injury to any person or property as a result of violation
or failure on the part of the licensee, his successors and assigns,
to observe his proper duty or because of negligence in whole or in
part arising out of the construction, repair, extension, maintenance
or operation of his distribution lines, amplifiers or equipment of
any kind or character used in connection with the license.
[Code 1979, § 7.205]
Any person duly licensed to operate a CATV system shall at all
times be subject to all lawful exercise of the police powers by the
City and to such reasonable regulations as the City shall hereafter
by resolution or ordinance provide, which rules may include a rule
prohibiting the use of the City streets and alleys for the installation
of an entirely new system of utility poles or underground cables to
be used exclusively for the transmission of television programs.
[Code 1979, § 7.206]
The licensee under this article shall have the authority to
promulgate such rules, regulations, terms and conditions governing
the conduct of his business as shall be reasonable and necessary to
enable the licensee to exercise his rights and perform his obligations
under this article to ensure an uninterrupted service to each and
all of his customers; provided, however, that such rules, regulations,
terms and conditions shall not be in conflict with the provisions
of this Code, or the rules of any state or federal regulatory agency,
or the laws of the state. Copies of such rules shall be filed with
the City Clerk before any of them shall become effective.
[Code 1979, § 7.207]
Whenever it is necessary to shut off or interrupt service for
the purpose of making repairs, adjustments or installations, the licensee,
if possible, shall do so at such time as will cause the least amount
of inconvenience to its customers, and unless the interruption is
unforeseen and immediately necessary, shall give reasonable notice
to its customers.
[Code 1979, § 7.208]
The poles used by the licensee's distribution system shall
be those erected and maintained by the telephone company, the power
and light company and others when and where practical. Licensees are
to make their own arrangements with respect to poles to be used in
that it is expressly understood that the City does not own or have
title to any poles usable by the licensee.
[Code 1979, § 7.209]
(a)
The licensee's transmission and distribution system,
poles, wires and appurtenances shall be located, erected and maintained
so as not to endanger or interfere with the lives of persons, or to
interfere with any improvements the City may deem proper to make,
or to hinder unnecessarily or obstruct the free use of the streets,
alleys, bridges or other public property.
(b)
Construction and maintenance of the transmission distribution
system, including house connections, shall be in accordance with the
provisions of the National Electrical Safety Code, prepared by the
National Bureau of Standards, the National Electrical Code of the
American Insurance Association and such applicable ordinances and
regulations of the City affecting electrical installations which may
be presently in effect or may be enacted by the City.
(c)
Installation and house drop hardware shall be uniform
throughout the City, except the licensee shall be free to change his
hardware and installation procedure as improvements therein are developed
and except where changes are permitted or required by regulations
and ordinances of the City presently in effect or which may be enacted.
[Code 1979, § 7.210]
(a)
In the maintenance and operation of his television
transmission and distribution system in the streets, alleys and other
public places, and in the course of any new construction or addition
to his facilities, the licensee shall proceed so as to cause the least
possible inconvenience to the general public; any opening or obstruction
in the streets or other public place made by the licensee in the course
of his operations shall be guarded and protected at all times by the
placement of adequate barriers, fences or boardings, the bounds of
which during periods of dusk and darkness shall be clearly designated
by warning lights.
(b)
Whenever the licensee shall take up or disturb any
pavements, sidewalks or other improvement of any street, avenue, alley
or other public place, they shall be replaced and the surface restored
in as good condition as before entry within 48 hours after completion
of the licensees' work. Upon failure of the licensee to make
such restoration within such time, or to begin restoration within
such time if the restoration cannot be made within such time, or upon
the licensee's delay of more than 24 hours in the continuation
of a restoration begun, the City may serve upon the licensee notice
of the City's intent to cause the restoration to be made, and
unless the licensee, within 24 hours after receipt of such notice,
begins or resumes the proper restoration to be made, the City may
cause the proper restoration to be made, including the removal of
excess dirt, and the expense of the work shall be paid by the licensee
upon demand by the City.
(c)
The licensee shall at all times comply with any and
all rules and regulations which the City has made or may make to apply
to the public generally with reference to the removal or replacements
of pavements and to excavations in streets and other public places,
not inconsistent with their use for the purposes contemplated by this
article.
[Code 1979, § 7.211]
The licensee's distribution system shall conform to the
requirements of the Federal Communications Commission, particularly
with respect to freedom from spurious radiation, and shall in no way
cause interference with TV or radio reception within the City.
[Code 1979, § 7.212]
The antenna, receiving and distribution equipment shall be installed
and maintained so as to provide pictures on subscriber receivers throughout
the system essentially of the same quality as those received at the
antenna site and/or transmitted by the licensee.
[Code 1979, § 7.213]
Upon termination or forfeiture of any license in accordance
with the terms of this Code the licensee shall, within a reasonable
time, remove his poles, cables, wires and appliances from the City
streets, lanes, avenues, sidewalks, alleys, bridges, highways, other
public places and from the premises of licensee's customers within
the City and subsequent additions thereto. In the event of failure
of the licensee to perform the obligation of the first sentence of
this section, the City shall have the right to make a written demand
on the licensee to proceed to carry out the removal of such equipment,
and, within 30 days from the date of such demand, to proceed with
the removal expeditiously, and the City shall have the right to remove
the property and retain it as the City's property, without accounting
therefor to the licensee. The expense of such removal by the City
shall be charged to and paid by the licensee, without credit for the
value, if any, of the equipment removed by the City.
[Code 1979, § 7.214]
The licensee shall not, as to rates charged, service, facilities,
rules, regulations or in any other respect, make or grant any preference
or advantage to any person, nor subject any person to any discrimination,
prejudice or disadvantage, providing that nothing in this section
shall be deemed to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any customer coming
within such classification would be entitled, or be deemed to prohibit
the suspension of the terms of this section for a limited time during
advertised promotional campaigns of the company.
[Code 1979, § 7.215]
(a)
The licensee shall file with the City Clerk its extension
policy approved by the City Council and the state public service commission
and the Federal Communications Commission, if required, and the licensee
shall not make or refuse to make any extension except in accordance
with the policy and permitted by this article.
(b)
The licensee shall extend its lines to serve all applicants
for television service whose dwellings or places of business are located
in the City who in good faith have entered into a contract for such
service; provided, that additional charges in any area of the City
with a population density of less than five homes per cable mile of
system may be added to the installation charges when necessary to
cover extra installation costs.
[Code 1979, § 7.216]
The licensee shall not sell or transfer its plant or system
to another or transfer any rights under this article to another without
City approval. No sale or transfer shall be effective until the vendee
or transferee has filed in the office of the City Clerk an instrument
duly executed reciting the fact of such sale or transfer, and an application
for a new license in the name of the transferee.
[Code 1979, § 7.217]
(a)
The licensee shall have the right to charge and collect
compensation from its subscribers for services rendered under this
article in accordance with the terms of his subscription agreements
and schedule of charges as filed with the City Clerk and subsequent
amendments and revisions.
(b)
The licensee shall not without permission and approval
of the Council increase rates during the first two years of his license.
(c)
The licensee shall not without permission and approval
of the Council increase rates subsequent to the first two years of
his license by more than 10% within any two-year period thereafter.
[Code 1979, § 7.218]
(a)
The licensee shall, without charge for installation,
maintenance or service, make single installations of its standard
community antenna facilities to each fire station, public and parochial
school in the City.
(b)
The licensee shall make its facilities available on
a temporary basis, without charge to the City, the state and/or the
United States of America, or to any civil defense authorities for
the communication to residents of any information pertaining to war,
threat of war, natural catastrophe or other information designed to
protect or save lives or property.
[Code 1979, § 7.219; amended 5-19-2000 by Ord. No. 2000-03]
All licensees shall pay a license fee as set forth in Chapter 38 which fee shall accompany the application for a license in the first instance; thereafter, all licensees shall pay, and in consideration of the granting of a license agree to pay, to the City as an annual license fee, and as compensation for the right and privilege enjoyed under the license, a sum equal to 3% of its gross receipts received by the licensee from customers within the City. All such payments shall be made to the City on an annual basis, to be paid within 30 days either before or after the close of the licensees' books at the end of the licensees' fiscal year.
[Code 1979, § 7.220]
The licensee shall not engage in the sale or service of television
receivers or recommend service by others except as directly related
to cable installation and/or connection.
[Code 1979, § 7.221]
No person shall own or operate a community antenna television
system in the City except by license issued pursuant to this article.
Any license issued under this article shall be considered a privilege,
but shall not be cancelled or abandoned except under the provisions
of this article.
[Code 1979, § 7.222]
No licensee shall interrupt or end any regularly transmitted
programs, nor eliminate any regularly transmitted program except to
eliminate duplications.
[Code 1979, § 7.223]
Any violation by the licensee of the provisions of this article
or the failure to properly perform any of the conditions or terms
thereof shall be cause for revocation of his license and all rights
under the license. The City Clerk shall report such noncompliance
in writing to the City Council, which upon due notice to the licensee
and after reasonable opportunity to place himself in compliance and
to be heard on the charge of noncompliance, may revoke the license.
After notice of revocation, each day the violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
