[HISTORY: Adopted by the Board of Trustees
of the Village of Scotia 8-13-1969 as Ch. 4, Art. II, of the 1969 Code of Ordinances. Amendments
noted where applicable.]
This ordinance shall be known and cited as the
"Community Antenna Television and Audio Communications Services Ordinance."
[Amended 8-21-1974]
A.
In consideration for the faithful performance and
observance of the conditions and reservations hereinafter set forth,
there is hereby granted to General Electric Cablevision Corporation,
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 Village of Scotia 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, the State of New York and the
Village of Scotia.
B.
The village reserves the right to adopt, in addition
to the provisions contained in this ordinance and any permit 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 permit.
[Amended 8-21-1974; 8-13-1980]
This permit shall be effective on August 24,
1980, and shall continue in full force and effect until the expiration
of a period of five (5) years from such date and shall be automatically
renewed for a period of five (5) years unless written notice of termination
is given by the municipality or the permittee not less than six (6)
months prior to the termination date of this permit. 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 village 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 permit.
A.
In consideration of the terms of this permit, the
permittee shall pay to the Village of Scotia, on or before March 31
of each year, a permit fee of three percent (3%) based on gross subscriber
revenues received for cable television operations in the village for
the preceding calendar year. No other fee, charge or consideration
shall be imposed, except that the Village Board of Trustees may impose
a fee in excess of three percent (3%) but not more than five percent
(5%) of gross subscriber revenues received from cable television operations
in the village, provided that the Federal Communications Commission
(FCC) certifies, after appropriate showing made by the permittee,
that a permit fee in excess of three percent (3%) but no greater than
five percent (5%) will not interfere with the effectuation of federal
regulatory goals in the field of cable television and, after appropriate
showings made by the Village Board of Trustees, that the permit fee
in excess of three percent (3%) but no greater than five percent (5%)
is appropriate in light of the village's planned regulatory program
for cable television.
(1)
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 the
system on the part of the village as provided in this ordinance.
(2)
The permittee shall keep complete records of accounts
showing dates and payments received. The duly authorized agent of
this municipality shall have the right, powers and authority to inspect
the gross monthly service charge records of the permittee.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
B.
In addition thereto, the permittee shall file with
the Village Clerk-Treasurer and shall keep in its local office, to
be available for inspection by the village, 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 village, and shall file
with the Village Clerk-Treasurer an annual summary report showing
the gross monthly service charge revenues received by the permittee
from its operations within the village during the preceding annual
periods as above described.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
C.
The permittee shall submit to the village, prior to
offering Community Antenna Television (CATV) service, the form of
its subscriber's agreement and shall submit to the village any subsequent
changes in that agreement.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
D.
The charges for residential CATV service shall be
as follows:
[Amended 12-8-1971; 10-11-1972; 8-21-1974; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
|
Type of Service
|
Rate
| |||
|---|---|---|---|---|
|
Residential
| ||||
|
Installation charge
| ||||
|
First receiver outlet
| ||||
|
Aerial service
|
$19.95
| |||
|
Underground service
|
39.90
| |||
|
Each extra outlet
|
9.95
| |||
|
Basic monthly charge
| ||||
|
First outlet
| ||||
|
Aerial service
|
8.50
| |||
|
Underground service
|
14.00
| |||
|
Each extra outlet
|
2.75
| |||
|
Service calls
|
Free
| |||
|
Disconnection charge
|
Free
| |||
|
Reconnection charge
|
9.95
| |||
|
Relocate an outlet
|
9.95
| |||
|
Convertor charge -- remote control
| ||||
|
Monthly rental
|
2.00
| |||
|
(includes free service and repair on rental
only)
| ||||
|
Collection charge
|
5.00
| |||
|
(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.)
| ||||
|
Converter deposit (refunded upon return of converter)
|
30.00
| |||
|
Commercial
| ||||
|
Installation charge
| ||||
|
Aerial service: Labor at seven dollars and fifty
cents ($7.50) per hour plus material at cost plus fifteen percent
(15%) overhead on sum of labor and material
| ||||
|
Underground service: Labor at seven dollars
and fifty cents ($7.50) per hour plus equipment and material at cost
plus fifteen percent (15%) overhead on sum of labor and material
| ||||
|
Monthly service
| ||||
|
First outlet
| ||||
|
Aerial service
|
$ 8.50
| |||
|
Underground service
|
14.00
| |||
|
Additional outlets
|
2.75
| |||
|
Remote control converters
| ||||
|
Monthly rental
|
2.00
| |||
|
Collection charge
|
5.00
| |||
|
(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.)
| ||||
|
Converter deposit (refunded upon return of converter)
|
30.00
| |||
E.
If any of the above-stated charges is higher than
the lower rate set forth for like service in the City of Schenectady,
Town of Rotterdam or Town of Niskayuna, the aforesaid higher rate
or rates shall be automatically lowered to the lowest rate.
[Amended 12-8-1971; 10-11-1972; 8-21-1974; 11-9-1977 by L.L. No. 7-1977; 11-9-1977 by L.L. No.
8-1977; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
(1)
In the event that cable television service is interrupted
for a period in excess of seventy-two (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.
(2)
In the event that any converter belonging to 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 one hundred dollars
($100.) for said converter.
F.
The permittee is authorized to automatically increase
its rates in the event that copyright liability is impressed on the
CATV system by an amount equal to the percentage charged by copyright
holders.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
G.
No change in rates shall be made until a copy of proposed
new rates is filed with the Board of Trustees of the Village of Scotia,
which shall convene a public hearing on such rates within forty-five
(45) days after the date such new rates are filed. No change in rates
shall take effect until thirty (30) days after the date of such public
hearing and then only after approval of these rates by the Board of
Trustees of the Village of Scotia.
[Amended 12-8-1971; 10-11-1972; 8-13-1980]
H.
The municipality shall have the right to inspect all
pertinent books, records, maps, plans, financial statements and other
like materials of the permittee, upon reasonable notice and during
normal business hours.
[Amended 8-21-1974; 8-13-1980]
A.
There is hereby granted the further right, privilege
and authority to the permittee 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 Village of Scotia, 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 and regulations of the Village of Scotia. The
poles used for the permittee'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. The permittee 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 Village Engineer. Such permission shall not be unreasonably withheld.
B.
All transmission and distribution structures, lines
and equipment erected by the permittee within the village 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 who adjoin any of said streets, alleys or other public ways
and places.
C.
In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the permittee shall, at his own cost
and expense and in a manner approved by the Village Engineer, 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.
D.
In the event that at any time during the period of
this permit the village shall lawfully elect to alter or change the
grade of any street, alley or public way, the permittee, upon reasonable
notice by the village, shall remove, relay and relocate its poles,
wires, cables, underground conduits, manholes and other fixtures at
his own expense.
E.
The permittee shall not place poles or other fixtures
where 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 the sidewalk
and inside the curb line, 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.
F.
The permittee shall, on the request of any person
holding a building moving permit issued by the village, 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 permittee shall have the
authority to require such payment in advance. The permittee shall
be given not less than five (5) days' advance notice to arrange for
such temporary wire changes.
G.
The permittee shall have the authority to trim trees
upon and overhanging streets, alleys, sidewalks and public places
of the village so as to prevent the branches of such trees from coming
in contact with the wires and cables of the permittee, all trimming
to be done under the supervision and direction of the village and
at the expense of the permittee.
H.
The permittee shall remove its plant and equipment
located in the streets, highways and public places of the village
within ninety (90) days of its termination of use of said facilities
and without any cost or expense to the village; provided, however,
that this provision shall not apply to the permittee in the event
of an assignment of its rights as herein provided.
[Amended 10-11-1972; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]
A.
The permittee shall, during the existence of this
permit, furnish reasonable, adequate and efficient community antenna
reception service to the residents of the village wherever practicable,
and the permittee 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 permittee.
B.
The permittee shall provide to its subscribers all
existing VHF and UHF FCC-allocated television channels having studio
facilities within a radius of twenty-five (25) miles of the Village
of Scotia.
C.
Schenectady Cablevision, Inc., shall make available,
in addition to the local signals, the following:
(1)
At least two (2) nonnetwork commercial television
stations from New York City.
(2)
At least one (1) nonnetwork commercial television
station from Boston.
(3)
One (1) local origination channel.
(4)
One (1) special events channel.
(5)
One (1) news and stock channel.
(6)
One (1) time - weather channel.
(7)
Four (4) instruction television channels to be reserved
for programming by local public elementary and secondary school systems
but available for other uses by Schenectady Cablevision until required
for such instructional programming.
(8)
One (1) public access channel.
D.
All of the above shall be subject to rules and regulations
of the FCC.
E.
The permittee shall provide at least thirty-channel
capacity in the CATV distribution system and shall provide two-way
communication provisions as specified in FCC rules.
The permittee 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.
No privilege or exemption is granted or to be
inferred by this permit except those specially prescribed herein.
Any privilege claimed under this permit in any street shall be subordinate
to any prior lawful occupancy of the street.
This permit shall be held in trust by General
Electric Cablevision Corporation 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 Board of Trustees of the
Village of Scotia,[1] 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 permit. In the
event that such assignment takes place with such consent, then immediately
upon the delivery to the Board of Trustees of the Village of Scotia
of the aforesaid assumption agreement, duly executed by the assignee,
all of the rights, obligations and privileges herein granted to the
permittee shall forthwith devolve upon the assignee, who shall in
all respects stand in the place and stead of the original corporation
hereunder.
[1]
Editor's Note: The Board of Trustees, by resolution
adopted 12-8-1971, conditionally consented to the assignment of the
franchise to Schenectady Cablevision, Inc.
[Amended 10-11-1972]
A.
The community antenna television and audio communications
system will be so designed, engineered and maintained by the permittee
as not to interfere with the television reception of residents of
the village who are not subscribers to its services.
B.
The permittee'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 village 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, the Bell
Telephone System's Code of Pole Line Construction and such applicable
laws of the State of New York and applicable ordinances of this village
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, in good order and repair.
C.
Any opening or obstruction in the streets or other
public ways made by the permittee 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.
During the term of this franchise and any renewal
thereof, the grantee 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 of 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 (3) business days of their receipt.
[Amended 10-11-1972]
B.
The permittee shall provide notice to each subscriber,
at intervals of not more than one (1) year, of the procedure for reporting
and resolving subscriber complaints. Such notice may be written or
be by such other means as the New York Commission on Cable Television
may from time to time approve upon application by the permittee.
[Amended 8-21-1974]
[Amended 10-11-1972; 8-13-1980]
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 8-24-1971; 8-13-1980]
A.
The permittee will supply one (1) free drop to public
and parochial primary and secondary schools, fire stations, police
stations, the Village Hall and other Village of Scotia municipal buildings,
Town of Glenville municipal buildings and County of Schenectady municipal
buildings which are passed by a cable belonging to the permittee,
and there shall be no monthly service charge for said service. It
is understood and agreed that all of the above buildings are located
in the Village of Scotia.
B.
The permittee shall also provide for the public and
parochial primary and secondary schools located in and belonging to
the Village of Scotia 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 830 McClellan Street
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, 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. The franchisee will provide the public
primary schools located in the Village of Scotia access to the two-way
capability of the cable at such time as the franchisee has the equipment
to effectuate the reverse capability from the schools back to the
head end or other agreed-upon signal insertion point and the schools
are prepared to use such a capability, which date shall be no later
than sixty (60) days after the franchisee and the village schools
are prepared. Such access shall be available on one (1) of the educational
channels of the franchisee and shall be dedicated to the exclusive
use of the village schools and other public agencies within the municipality,
such usage to be coordinated by the school system or its designee.
[Amended 10-11-1972; 8-21-1974]
A.
The permittee shall at all times defend, indemnify,
protect and save harmless the Village of Scotia from and against any
and all liability, losses and physical damage to property and bodily
injury or death to persons, including payments made under workers'
compensation laws, which may arise out of or be caused by the erection,
construction, replacement, removal, maintenance and operations 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.
B.
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.
C.
The permittee shall carry a general comprehensive
liability insurance policy naming the Village of Scotia as an additional
insured with the following:
(1)
Bodily injury or death: three hundred thousand dollars
($300,000.) for one (1) person or one million dollars ($1,000,000.)
for any one (1) incident involving four (4) or more persons.
(2)
Property damage: one million dollars ($1,000,000.).
(3)
Contractual liability: one million dollars ($1,000,000.).
D.
Bond.
(1)
The permittee shall post a bond in the amount of ten
thousand dollars ($10,000.) within thirty (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 permit 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
sixty (60) days after receipt by the permittee of a written notice
of default, the permittee shall forfeit fifty percent (50%) of said
bond to the municipality except as otherwise provided herein. If after
one hundred twenty (120) days from the date of receipt of such written
notice the default still remains uncorrected, the permittee shall
forfeit the remainder of said 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 subsection.
(3)
Said performance bond in the amount of ten thousand
dollars ($10,000.) shall remain in effect for five (5) years after
the date of this franchise amendment, at which time the bond shall
be reduced to the amount of five thousand dollars ($5,000.) for the
next five (5) years, and thereafter no bond shall be required.
(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 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.
If the permittee 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
permittee, and shall fail within thirty (30) days after written notice
from the village to commence and, within a reasonable time, complete
the correction of such default or noncompliance, the Board of Trustees
of the Village of Scotia shall have the right to revoke this permit
and all rights of the permittee hereunder. In the event that the permittee
shall be adjudged bankrupt or placed in receivership, this village
may declare the special rights herein granted forfeited and terminated.
[Amended 10-11-1972; 8-21-1974]
A.
The permittee shall start actual placement of stand
and/or cable on or before December 8, 1972, and shall complete construction
of the CATV system serving the entire Village of Scotia no later than
December 8, 1973. If the permittee is unable to achieve these dates
due to causes beyond its control, it shall receive an extension in
time upon proper application to the Board of Trustees.
B.
The permittee shall provide a cable television system
which will conform to the technical standards specified in the FCC
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 capacity of a minimum channel forward operation of twenty-one
(21) channels and four-channel reverse operation. In the Village of
Scotia, the permittee shall string approximately twenty-three (23)
strand miles of cable passing in front of an estimated two thousand
five hundred thirty-six (2,536) homes. Within one (1) year of the
granting of all operating authorizations for an area, energized cable
will be strung in front of seventy-five percent (75%) of the homes
within that area. Within five (5) years of such authorizations, energized
cable will pass in front of ninety percent (90%) of the homes where
operating authorization has been granted. The remaining outlying dispersed
areas will be passed within ten (10) years of the granting of all
operating authorizations for that area.
[Amended 10-11-1972]
Change in FCC rules consistent with the requirement
of FCC Rule 76.31(a) and (b) and any modification of Rule 76.31 resulting
from an amendment thereto by the FCC shall, to the extent applicable,
be considered as a part of this permit as of the effective date of
the amendment made by the FCC and shall be incorporated into this
permit by specific amendments hereto by lawful action of the Board
of Trustees of the Village of Scotia within one (1) year from the
effective date of the FCC's amendment or at the time of renewal of
this franchise, whichever occurs first.
[Amended 10-11-1972]
Any inquiry, proceeding, investigation or other
action to be taken by the Board of Trustees of the Village of Scotia
in regard to the operation of the permittee's cable television, including
action in regard to a change in subscription rates, shall be taken
only after thirty (30) days' public notice of such action or proposed
action is published in a local daily newspaper having general circulation
in the Village of Scotia; a copy of such action or proposed action
is served directly on the permittee; and the permittee has been given
an opportunity to respond in writing and/or at any hearing as may
be specified by the Board of Trustees of the Village of Scotia and
general members of the public have been given an opportunity to respond
or comment, in writing, on the action or proposed action.
[Amended 8-21-1974]
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.
[Amended 8-21-1974]
Trustees of the Village of Scotia are responsible
for the continuing administration of this ordinance and any permits
granted pursuant thereto.
[Amended 8-21-1974]
The terms of any permit granted pursuant to
this ordinance are subject to the approval of the New York Commission
on Cable Television.
[Amended 8-21-1974]
The permittee shall file requests for all necessary
operating authorizations with the New York Commission on Cable Television
and the Federal Communications Commission within sixty (60) days from
the date the permit is awarded.
[Amended 8-21-1974]
The franchisee 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
(1) fixed studio facility. The franchisee agrees to cooperate with
the franchisor and local groups in the formulation of the ground rules
for the use of the public access channel. The franchisee 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 franchisee. The franchisee shall
be held harmless and free from and against any and all liability for
program content on the public access channel and, further, that any
such liability shall be the sole responsibility of the producer and/or
any other individual, group, institution or body responsible for the
content of such program.
[Amended 8-21-1974]
If any provision of this ordinance is for any
reason held invalid or unconstitutional by any court or regulatory
agency of competent jurisdiction, such provision shall be deemed separate,
distinct and independent and such holding shall not affect the validity
of the remaining provisions hereof.
