[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.
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Service
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Rates Effective Immediately
|
Effective March 1, 1979
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|---|---|---|---|---|
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Installation charge
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First receiver outlet
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Aerial service
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$19.95
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$19.95
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Underground service
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$39.90
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$39.90
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Each extra outlet
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$9.95
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$9.95
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Basic monthly charge
| ||||
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First outlet
| ||||
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Aerial service
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$6.25
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$7.00
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Underground service
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$11.00
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$12.00
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Each extra outlet
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$2.00
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$2.50
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Service calls
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Free
|
Free
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Disconnection charge
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Free
|
Free
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Reconnection charge
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$9.95
|
$9.95
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Relocate an outlet
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$9.95
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$9.95
| ||
|
Converter charge, remote control
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$2.00
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$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
|
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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
|
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Hillcrest Road
|
|
Oaktree Lane
|
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Ashtree Lane
|
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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:
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.
[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.
