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Town of Niskayuna, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Niskayuna 10-5-1965. Amendments noted where applicable.]
[Amended 9-7-1974]
A. 
This ordinance shall be known and cited as the "Community Antenna and Audio Communications Services Ordinance."
B. 
The Town Board hereby finds:
(1) 
The technical ability, financial condition and character of Schenectady Cablevision Inc. has been considered at a public hearing held upon due notice and are hereby approved.
(2) 
The plans of Schenectady Cablevision Inc. for constructing and operating a cable television system have been considered at a public hearing held upon due notice, are found to be adequate and feasible and are hereby approved.
(3) 
The terms of the franchise hereinafter set forth comply with the standards promulgated in Part 595.1 of the Rules and Regulations of the New York State Commission on Cable Television.
[Amended 9-7-1974]
A. 
In consideration of the faithful performance and observance of the conditions and reservations hereinafter set forth, there is hereby granted to Schenectady Cablevision Inc., its successors, assigns or designees, the right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above, across and from the streets, avenues, highways, sidewalks, bridges and other public ways, easements, rights-of-way and lands, as now existing and all extensions thereof and additions thereto, in the Town of Niskayuna, all equipment, facilities, appurtenances and apparatus of any nature, for the purpose of receiving, amplifying, transmitting and distributing by studios, cameras, projectors, recorders, antennas, transmitters, microwaves, wires, cables, coaxial cables, wave guides and cables of television, radio, electrical and electronic energy, pictures, sounds, signals, impulses and communications, unidirectional and multidirectional of every nature and description, audio and video, embracing any and all of the frequencies of the electromagnetic spectrum and to otherwise engage in the business, services and activities generally known as and practiced now and in the future by community antenna television and audio communications services, in accordance with the laws of the United States of America and the State of New York and the ordinances and local laws of the Town of Niskayuna.
B. 
The franchise granted herein is nonexclusive. The Town reserves the right to adopt, in addition to the provisions contained in this ordinance and franchise granted pursuant thereto, 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 privileges granted in the franchise.
[Amended 9-7-1974; 9-19-1978; 6-17-1986]
This franchise shall be effective on the effective date of this ordinance and shall continue in full force and effect until August 1, 1996, unless written notice of termination is given by the municipality or the permittee not less than one year prior to the termination date of this franchise. The permittee shall not abandon any service or any portion thereof without the written consent of the municipality. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the Town reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this franchise.
[Amended 1-1-1973]
A. 
The permittee shall pay to the Town of Niskayuna, in equal installments on or before March 31 and September 30 of each year a 3% franchise fee based on gross monthly subscriber revenues received for cable television operations in the Town for the preceding calendar year. No other fee, charge or consideration shall be imposed, except that the Town Board may impose a fee in excess of 3% but no more than 5% of gross subscriber revenues received from cable television operations in the Town, provided that the Federal Communications Commission certifies, after appropriate showing made by permittee, that a franchise fee in excess of 3% but no greater than 5% will not interfere with the effectuation of federal regulatory goals in the field of cable television; and after appropriate showings made by the Town Board that the franchise fee in excess of 3% but no greater than 5% is appropriate in light of the Town's planned regulatory program for cable television. The permittee shall make a showing to the Federal Communications Commission for the additional Town revenue and will assist the Town in preparing a proper regulatory program that will meet Federal Communications Commission standards.
B. 
Such payment shall be deemed compensation for services rendered, supervision and inspection of equipment and facilities and for other expenses relating to the installation and operation of this system on the part of the Town as provided in this ordinance.
C. 
The permittee shall keep complete records of accounts showing dates and payments received. The duly authorized agent of the municipality shall have the right, power and authority to inspect the gross monthly service charge records of the permittee.
[Amended 1-1-1973; 9-7-1974; 10-18-1977; 2-28-1978; 6-20-1978]
A. 
The permittee shall file with the Town Clerk and shall keep in its local office to be available for inspection by the Town a copy of the rules, regulations, terms and conditions adopted by the permittee and in effect with its subscribers. The permittee shall also keep available at its local office, to be available for inspection by the Town and shall file with the Town Clerk a semiannual summary report showing the gross monthly service charge revenues received by the permittee from its operations within the Town during the preceding semiannual periods as above described.
B. 
The permittee shall submit to the Town, prior to offering CATV service, the form of its subscriber agreement and shall submit to the Town for its approval subsequent changes in that agreement, which said approval shall not be unreasonably withheld.
C. 
Charges.
(1) 
The charges for CATV service shall be as follows, subject to the conditions described hereinafter in this section:
(a) 
Residential rates.
Service
Rates Effective Immediately
Effective March 1, 1979
Installation charge
First receiver outlet
Aerial service
$19.95
$19.95
Underground service
$39.90
$39.90
Each extra outlet
$9.95
$9.95
Basic monthly charge
First outlet
Aerial service
$6.25
$7.00
Underground service
$11.00
$12.00
Each extra outlet
$2.00
$2.50
Service calls
Free
Free
Disconnection charge
Free
Free
Reconnection charge
$9.95
$9.95
Relocate an outlet
$9.95
$9.95
Converter charge, remote control
$2.00
$2.00
Monthly rental (includes free service and repair on rental only)
Collection charge (if past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices)
$5.00
$5.00
(b) 
Commercial rates.
Service
Rates Effective Immediately
Effective March 1, 1979
Installation charge
Arial Service
Labor at $7.50 per hour plus material at cost plus 15% overhead on sum of labor and material.
Underground service
Labor at $7.50 per hour plus equipment and material at cost plus 15% overhead on sum of labor and material.
Monthly Service
First outlet
Aerial service
$6.25
$7.00
Underground service
$11.00
$12.00
Additional outlets
$4.00
$4.00
Remote control converters
Monthly rental
$2.00
$2.00
Collection charge (if past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices)
$5.00
$5.00
(2) 
The aforesaid charges shall become null and void on January 1, 1979, and the charges which were in effect on June 1, 1978, shall again become effective, unless the following action shall have occurred by December 31, 1978: Permittee shall extend service to the following streets by December 31, 1978.
Troy Road from Pearse Road to Riverview Road
Mohawk Road
Winne Road
Lisha Kill Road from Troy Road to the southernmost intersection with Warner Road
Warner Road
Barton Place
Merlin Drive
Douglas Court
WTRY Road
Timothy Lane
Birchwood Lane
Holly Hill Lane
Hillcrest Road
Oaktree Lane
Ashtree Lane
Riverview Road
Catalpa Court
(3) 
In complying with this requirement for extension of service, permittee shall not be held responsible for conditions beyond its control which prevent such extension of service until after December 31, 1978, such as utility make-ready; however, permittee shall complete the said extension to the above-named streets within 90 days after the conditions preventing extension by December 31, 1978, have been corrected or removed.
(4) 
The reversion to the June 1, 1978, charges for failure of permittee to extend service as set forth above shall apply only until such service shall have been fully extended, at which time the rates shown above shall again become effective.
D. 
Commercial rates apply to profit-making subscribers, including but not limited to hotels, motels, stores, restaurants, taverns, social clubs, profit-oriented hospitals and nursing homes.
E. 
Commercial rates do not apply to apartment houses.
F. 
Billing of subscribers shall be in advance upon commencement of service; subscribers shall have the right to cancel their service at any time and upon cancellation to obtain a prorata rebate of their monthly service charge from permittee.
G. 
Subscribers may rent or buy converters from other sources than the permittee, so long as the other converter is compatible with permittee's cable. Permittee shall not be required to service a converter rented or purchased from another source.
H. 
Permittee shall provide Niskayuna subscribers with service equal to that received by other subscribers in Schenectady County, at charges no greater than that of any other subscribers in Schenectady County.
I. 
The above residential rates apply to single-family and multifamily residence and to individual families living in apartments. If a landlord purchases bulk service for his tenants, the cost of service will be the sum of the costs for all individual families in the apartment less a 5% discount as a consideration for single billing.
J. 
Permittee is authorized to automatically increase its rates in the event copyright liability is impressed on the CATV system by an amount equal to that charged by copyright holders, prorated over all subscribers of permittee.
K. 
No change in rates shall be made until a copy of proposed new rates are filed with the Niskayuna Town Board, which shall convene a public hearing on such rates within 45 days after the date such new rates are filed. No change in rates shall take effect until 30 days after the date of such public hearing and then only after approval of these rates by the Town Board. The Town Board may by resolution establish rules and regulations to be followed in rate increase requests, consistent with state and federal regulations.
L. 
If any of the above-stated charges are higher than the lowest rates set for like service in the City of Schenectady, Town of Rotterdam and Village of Scotia, then the aforesaid higher rate or rates shall automatically be lowered to the lowest rates.
A. 
The grantee's plant and equipment, including the antenna site, head-end and distribution system towers, structures, poles, wires and appurtenances shall be installed in accordance with good engineering practices, and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated so as not to endanger or interfere with the lives of persons or to interfere with improvements the municipality may deem proper to make or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on public ways, places and structures. Erection, installation, construction, replacement, removal, repair, maintenance and operation of the system 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 National Board of Fire Underwriters and such applicable laws of the State of New York and applicable ordinances and local laws of this municipality which may now be in effect or enacted in the future. All installations shall be of a permanent nature, durable and maintained in a safe, suitable and substantial condition and in good order and repair.
B. 
Any opening or obstruction in the streets or other public ways made by the grantee in the course of the construction, operation or removal of installations 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.
A. 
There is hereby granted the further right, privilege and authority to the grantee to lease, rent or in any other manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the Town of Niskayuna, including the New York Telephone Company, and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances, local laws and regulations of the Town of Niskayuna. The poles used for the grantee's distribution system shall be those erected and maintained by the New York Telephone Company and/or Niagara Mohawk Power Corporation, when and where practicable, provided that mutual satisfactory rental agreements can be entered into with said companies.
B. 
The grantee shall have the right to erect, install and maintain its own towers, poles, guys, anchors and ducts as may be necessary for the proper construction and maintenance of the antenna site, head-end and distribution system, provided that poles placed on municipal properties shall first have their location approved by the Town Highway Superintendent. Such permission shall not be unreasonably withheld.
C. 
All transmission and distribution structures, lines and equipment erected by the grantee within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose land adjoins any of the said streets, alleys or other public ways and places.
In case of any disturbance of pavement, sidewalk, driveway or other surfacing the grantee shall, at its own cost and expense and in a manner approved by the Town Highway Superintendent, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced.
The grantee shall not place poles or other fixtures when the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of any sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.
The grantee shall, on the request of any person holding a building-moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. 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 five days' advance notice to arrange for such temporary wire changes.
The grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Town so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, all trimming to be done under the supervision and direction of the Town Highway Superintendent and at the expense of the grantee.
In the event that at any time during the period of this franchise the Town shall lawfully elect to alter or change the grade of any street, alley or public way, the grantee, upon reasonable notice by the Town, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
The grantee shall remove all its plant and equipment located in the streets, highways and public places of the Town within 90 days of its termination of use of said facilities and without any cost or expense to the Town; provided, however, that this provision shall not apply to the grantee in the event of any assignment of its rights as herein provided.
A. 
Reception service. The grantee shall, during the existence of this franchise, furnish reasonable, adequate and efficient community antenna reception service to the residents of the Town wherever practicable, and the grantee agrees to maintain its system in reasonable repair and working order and to provide adequate facilities for such maintenance. These requirements may be temporarily suspended by disaster or emergency conditions or other circumstances beyond the reasonable control of the grantee.
B. 
Continuance of existing channels. The grantee shall provide to its subscribers all existing commercial VHF and UHF allocated television channels having transmitter facilities within a radius of 25 miles of the City of Schenectady.
C. 
Educational TV.
(1) 
The grantee shall carry educational channel WMHT-17, unless and until permission to drop the same is obtained from the Town Board.
(2) 
The grantee shall supply one free drop to public and parochial, primary and secondary schools, fire stations and police stations and the Town of Niskayuna Town Office Building located within the Town which are passed by a cable belonging to the grantee. There shall be no monthly service charge for said service.
A. 
No discrimination or preference. The grantee shall not as to rates, charges, 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 prejudice or disadvantage; provided, however, that this shall not be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification shall be entitled.
B. 
No advertising on educational programs. No advertising or other matter shall be inserted by the grantee into the programs of educational channel WMHT-17.
C. 
The permittee shall not engage in the business of repairing television or radio receivers in connection with its operations of community antenna television and audio communication services. Nothing herein shall be construed as prohibiting the permittee from offering converters, and from repairing these devices.
[Amended 1-1-1973]
D. 
Restriction on editing or substitution. The grantee is prohibited from editing network shows in any way or substituting shows of its own on any channel, except with adequate identification, and is permitted to relay programs only from stations licensed by the Federal Communications Commission, except where any origination or initiation of programs, including any advertisements inserted, meets the requirements of the National Association of Radio Broadcasters Standards of Good Practice and the National Association of Broadcasters Television Code.
E. 
No interference with reception of nonsubscribers. The community antenna television and audio communications system will be so designed, engineered and maintained by the grantee so as not to interfere with the television reception of residents of the Town who are not subscribed to its services. No person shall be compelled to subscribe to the grantee's service nor required to continue the subscription.
F. 
No inferences. No privilege or exemption is granted or to be inferred by this franchise except those specifically prescribed herein. Any privilege claimed under this franchise in any street shall be subordinate to any prior lawful occupancy of the street.
G. 
No recourse against Town. The grantee shall have no recourse whatsoever against the Town for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or its enforcement, except for any actionable tort of the Town, its agents or employees or any other valid claim.
H. 
The permittee shall carry, in addition to the local signals, the following:
[Added 1-1-1973]
(1) 
WOR-TV, Channel 9, New York City.
(2) 
WNEW-TV, Channel 5, New York City.
(3) 
WKBG-TV, Channel 6, Boston (or one other UHF signal from Boston).
(4) 
One local origination channel.
(5) 
One special events channel.
(6) 
One news and stock channel.
(7) 
One time-weather channel.
(8) 
Four instructional television channels to be reserved for programming by Town school systems.
(9) 
One municipal channel to be reserved for use of the Town government.
(10) 
One public access channel.
All of the above are subject to the Rules and Regulations of the FCC.
This franchise shall be held in trust by Schenectady Inc. or its successor in interest; provided, however, that it may assign its right, title and interest hereunder to another corporation or lawful business entity through the sale of stocks or assets or otherwise, provided that prior approval of such assignment shall be obtained from the Town Board of the Town of Niskayuna, which said approval shall not be unreasonably withheld, provided that such other corporation or lawful business entity is duly authorized to receive such assignment and agrees to undertake and assume all the obligations of the original corporation hereunder subject to all of the terms and conditions of this franchise. In the event that such assignment takes place with such consent, then immediately upon the delivery to the Town Board of the Town of Niskayuna of the aforesaid assumption agreement, duly executed by the assignee, all of the rights, obligations and privileges herein granted to the grantee shall forthwith devolve upon the assignee who shall in all respects stand in the place and stead of the original corporation hereunder.
[Amended 1-1-1973; 9-7-1974]
A. 
The permittee shall at all times defend, indemnify, protect and save harmless the Town of Niskayuna from and against any and all liability, losses and physical damage to property and bodily injury or death to persons, including payments made under workmen's compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance and operation of the permittee's community antenna television and audio communications service and resulting from or by any negligence, fault or misconduct on the part of the permittee, its agents, officers, servants and employees. Any municipal property damaged or destroyed in connection with the construction or operation of the cable system shall be promptly repaired or replaced by the permittee and restored to serviceable condition. The permittee shall also carry New York State workers' compensation coverage on its employees who are engaged in any manner in the erection, construction, replacement, repair, maintenance and operations of the permittee's plant and equipment.
B. 
The permittee shall carry a general comprehensive liability insurance policy naming the Town of Niskayuna as an additional insured with the following minimum limits:
(1) 
Bodily injury or death: $300,000 for one person or $1,000,000 for any one incident involving four or more persons.
(2) 
Property damage: $1,000,000.
(3) 
Contractual liability: $1,000,000.
C. 
Performance bond.
(1) 
The permittee shall post a bond in the amount of $10,000 within 30 days after receipt by the permittee of final operating authority to guarantee the timely construction of the cable television system and the faithful performance by the permittee of the obligations imposed by the franchise and this ordinance.
(2) 
Forfeiture of any or all of the performance bond shall take place only in the following manner: There shall be no forfeiture of the performance bond upon default in performance by the permittee if such default, deficiency or failure of performance of any nature whatsoever under the terms of this franchise is without the exclusive control and/or supervision of the permittee. In the event that there is a default in performance by the permittee which remains uncorrected 60 days after receipt by permittee of a written notice of default, permittee shall forfeit 50% of said bond to the municipality, except as otherwise provided herein. If, after 120 days from the date of receipt of such written notice, the default still remains uncorrected, the permittee shall forfeit the remainder of such bond to the municipality unless otherwise provided herein. The municipality may waive any such forfeiture or any time limits related to any uncorrected defaults under this paragraph.
(3) 
Said performance bond in the amount of $10,000 shall remain in effect for the term of this franchise and any extension thereof.
(4) 
In the event that forfeiture of the performance bond takes place in whole or in part, such portion thus forfeited shall be reinstated by the franchisee with 20 days to protect the franchisor against future default, deficiency or failure of performance, except that such reinstatement shall take place only in the amount and for the term for which the bond was to remain in effect as determined if there had been no forfeiture.
A. 
If the grantee shall fail to comply with any of the provisions of this ordinance or default in any of its obligations hereunder; except for causes beyond the reasonable control of the grantee, and shall fail within 30 days after written notice from the municipality to commence and within a reasonable time complete the correction of such default or noncompliance, the Town Board of the Town of Niskayuna shall have the right to revoke this franchise and all rights of the grantee hereunder.
B. 
In the event that the grantee shall be adjudged bankrupt or placed in receivership, this municipality may declare the special rights herein granted forfeited and terminated.
A. 
Permittee shall start actual placement of strand and/or cable on or before April 1, 1973, and shall complete construction of the CATV system serving the entire Town of Niskayuna no later than October 31, 1973. If the permittee is unable to achieve these dates due to causes beyond its control, it shall receive an extension of time upon proper application to the Town Board of Niskayuna.
B. 
The permittee shall provide a cable television system which will conform to the technical standards specified in the Federal Communications Commission Rules and Regulations, Part 76, Subpart K, Section 76.605 adopted February 2, 1972, and to the applicable rules and regulations promulgated by the New York State Commission on Cable Television. The system will have the capability of a minimum channel forward operation of 21 channels and four-channel reverse operation.
[Added 9-7-1974][1]
[1]
Editor's Note: A paragraph which immediately followed this Subsection and dealt with the time schedule for laying cables, added 9-7-1974, was repealed 9-19-1979.
C. 
The permittee is hereby authorized to extend the system further within the Town prior to the normal date by which service must be offered to 100% of the Town on the following terms and conditions:
[Added 9-19-1979]
(1) 
Over the length of construction, if there are at least an average of 60 dwelling units per mile of cable (1/4 mile minimum) as measured from the closest trunk line point available for use by the permittee, the extension shall be made on demand without any surcharge.
(2) 
If there are less than 60 dwelling units per mile but at least 30 customers per mile sign service contracts which provide for a minimum service period of one year (1/4 mile minimum) as measured above, the extension shall be made on demand without any surcharge.
(3) 
If there shall be less than 60 dwelling units per mile and less than 30 signed service contracts per mile as set forth above, then the extension shall be made on demand and service provided with a surcharge to be computed on the basis of the following formula: There shall be computed the average monthly revenue from basic service charges per mile of the entire cablevision system within the Town of Niskayuna operated by the permittee; there shall be subtracted therefrom monthly revenue from basic service charges per mile of the extension and the result shall be divided by the number of customers per mile of extension with the quotient being the monthly surcharge.
D. 
Notwithstanding Subsections C(2) and (3) above, which describe provisions for earlier service, service at regular rates and terms shall be made available to 100% of Town residents no later than August 1, 1986.
[Added 1-1-1973]
A. 
During the term of this franchise and any renewal thereof, the Permittee shall maintain, within Schenectady County, a business office. This office shall be open to receive inquiries or complaints from subscribers during the normal business hours 9:00 a.m. to 4:00 p.m. Monday through Friday. Any complaints from subscribers shall be acted upon as soon as practicable but within no more than three business days of their receipt.
B. 
The permittee shall provide notice to each subscriber and the Town of Niskayuna at intervals of not more than one year of the procedure for reporting and resolving subscriber complaints. Such notice may be written or by such other means as the New York Commission on Cable Television may from time to time approve upon application by the permittee.
[Added 9-7-1974]
[Added 1-1-1973]
A. 
Consistent with the requirements of Rule 76.31(A)(6) of the Federal Communications Commission, any modification of Rule 76.31 resulting from an amendment thereto by the Federal Communications Commission, shall, to the extent applicable, be considered as part of this permit as of the effective date of the amendment made by the Federal Communications Commission and shall be incorporated in such permit by specific amendments thereto by the lawful action of the Town Board of Niskayuna within one year from the effective date of the Federal Communication Commission's amendment or at the time of renewal of this permit, whichever occurs first.
B. 
Any rules and regulations promulgated under Subdivision 2 of § 815 of Article 2 of the Executive Law of the State of New York are to be considered a part of this permit as of the effective date of promulgation by the Commission and shall be incorporated by Town Board action, unless the same are precluded by the Federal Communications Commission.
[Added 1-1-1973]
Any inquiry, proceeding, investigation or other action to be taken or proposed to be taken by the Town Board of Niskayuna in regard to the operations of permittee's cable television, including action in regard to a change in subscription rates, shall be taken only after 30 days' public notice of such action or proposed action is published in the official newspaper of the Town; a copy of such action or proposed action is served directly on permittee; and the permittee and all interested parties and citizens have been given an opportunity to respond in writing and/or at hearing, as may be specified by the Town Board of Niskayuna.
[Added 9-7-1974]
The permittee will 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.
[Added 9-7-1974]
The Supervisor of the Town of Niskayuna is responsible for the continuing administration of this ordinance and any franchise granted pursuant thereto.
[Added 9-7-1974]
The terms of any franchise granted pursuant to this ordinance are subject to the approval of the New York Commission on Cable Television.
[Added 9-7-1974]
The permittee shall file requests for all necessary operating authorizations with the New York Commission on Cable Television and the Federal Communications Commission within 60 days from the date the franchise is awarded.
[Added 10-7-1974]
A. 
The permittee shall also provide for the public and parochial, primary and secondary schools located in and serving the Town of Niskayuna free maintenance of the drop, its installation equipment and cable. A converter will be supplied for each outlet. In addition, Schenectady Cablevision, Inc., will make its video equipment available for the above-mentioned schools at 1650 Eastern Parkway as long as such action does not interfere with normal operating procedures at Schenectady Cablevision, Inc. When scheduling and the operation of the franchisee permit, the permittee shall offer initial technical assistance in the use of cablevision equipment to teachers and/or students of said schools so that said schools can develop their own trained staff, and provided that any such individuals to be assisted shall first be designated for such training by a special committee of qualified personnel from said schools.
B. 
The permittee will provide the public and parochial primary and secondary schools serving and located in the Town of Niskayuna access to the two-way capability of the cable at such time as the permittee has the equipment to effectuate the reverse capability from the schools back to the headend, which date shall be no later than 60 days after the completion of all of the wiring for said schools. Such access shall be available on one of the educational channels of the permittee and shall be shared in cooperation with its use by other educational institutions, provided that in the event the schools of the franchisor, as previously defined, demonstrate greater utilization of said channel than the available access, said school shall be provided access to an additional channel in the event that such additional channel is available.
C. 
The permittee shall provide the Town of Niskayuna Town Office Building located within the Town access to the two-way capability of the cable at such time as the permittee has the equipment to effectuate the reverse capability from the Town Hall back to the headend.
D. 
It is understood and agreed by and between the Town and the permittee that the Town, as franchisor, shall be responsible for the cost of any additional equipment necessary to activate such access to the reverse capability of the cable and place it in actual operation. Such cost shall include only that work and equipment required beyond that which is necessary for reverse activation for the school systems served in accordance with this section.
[Added 10-7-1974]
A. 
Permittee agrees that access to the public access channel shall be given to interested persons in the order in which they apply for such usage (first come, first served) and shall be given on a nondiscriminating basis in accordance with operating rules. There shall be available for such public access at least one fixed studio facility. The permittee agrees to cooperate with the franchiser and local groups in the formulation of the ground rules for the use of the public access channel.
B. 
The permittee shall provide a public access channel equal in quality to all other channels provided by it except that it is understood that such is not a representation as to the actual quality of the projected sound and picture on a television set adapted for cable television since such resulting picture is determined by factors without the control of the permittee.
C. 
There shall be no claim against the permittee and/or against the franchiser for content of the public access or the municipal access channel.
[Added 10-7-1974]
The permittee shall have the right to disconnect services for nonpayment of service charges by a subscriber if payment is not received for services already billed within 60 days of the due date of said bill. The permittee, within the sixty-day period, shall send a warning letter to the subscriber advising the subscriber of the loss of service if payment is not received within the sixty-day period.
[Added 10-7-1974]
In the event that cable television service is interrupted for a period in excess of 72 hours to a subscriber and such interruption is not by reason of acts of God, of the public enemy, fires, floods, explosions, strikes or governmental restrictions, the permittee agrees to refund to the customer service charges attributable to the interrupted service period and in accordance with a daily pro rata formula.
[Added 10-7-1974]
In the event that the subscriber is transferred or moves to another location within the area serviced and franchised by Schenectady Cablevision, Inc., said subscriber will incur no charges for reconnection where services are offered by the permittee.
[Added 10-7-1974]
In the event that any converter belonging to the Schenectady Cablevision, Inc., is lost or stolen while said converter is rented by the subscriber from Schenectady Cablevision, Inc., the subscriber shall be subject to the payment of a purchase fee of $100 for said converter.