CHAPTER 110:  CABLE TELEVISION
Section
Cable Television Transmission
   110.01   Short title
   110.02   Definitions
   110.03   Permit required
   110.04   Application
   110.05   Financial statement
   110.06   Indemnification
   110.07   Insurance
   110.08   Rights of permittee in streets
   110.09   Conditions of street occupancy
   110.10   Operation of CATV system
   110.11   Duty to provide service
   110.12   Preliminary requirement to granting permit
   110.13   Granting of permit
   110.14   Term of permit
   110.15   Rate and fee changes
   110.16   Supplying service to the city
   110.17   Transfer
   110.18   Termination
   110.19   Violations declared nuisances
   110.20   Federal law
Cable Television Rate Regulation
   110.35   Definitions
   110.36   Purpose; interpretation
   110.37   Rate regulations promulgated by FCC
   110.38   Filing; additional information; burden of proof
   110.39   Proprietary information
   110.40   Public notice; initial review of rates
   110.41   Tolling order
   110.42   Public notice; hearing on basic cable service rates following tolling of 30-day deadline
   110.43   Staff or consultant report; written response
   110.44   Rate decisions and orders
   110.45   Refunds; notice
   110.46   Written decisions; public notice
   110.47   Rules and regulations
   110.48   Failure to give notice
   110.49   Additional hearings
   110.50   Additional powers
   110.51   Failure to comply; remedies
   110.52   Conflicting provisions
   110.53   Intergovernmental cooperation
CABLE TELEVISION TRANSMISSION
§ 110.01  SHORT TITLE.
   This subchapter shall be known and may be cited as the “City of Auburn Cable Antenna Television Service Ordinance”.
(Prior Code, § 2.151)
§ 110.02  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
   COMMUNITY ANTENNA TELEVISION or CATV.  The business of transmission and distribution of television signals, including radio signals, by means of cable to private subscribers and does not include the operation of a master television antenna system, the distribution system of which is confined to private property.
   PERMITTEE.  The holder of a permit issued pursuant to this chapter.
   STREET.  A street, alley or other public way in the city.
(Prior Code, § 2.152)
§ 110.03  PERMIT REQUIRED.
   No person shall provide CATV service within the limits of the city without first obtaining a permit as provided in this chapter.
(Prior Code, § 2.153)  Penalty, see § 10.99
§ 110.04  APPLICATION.
   Permits to provide CATV service hereunder will be granted by the Commission and shall be applied for by written application in form approved by the City Commission and filed with the City Clerk, which application shall include, but not be limited to the following:
   (A)   Name of applicant;
   (B)   Local business address;
   (C)   Principal officers or owners;
   (D)   Principal stockholders of a corporation;
   (E)   Location of antenna tower or towers;
   (F)   General description of proposed distribution system in the city, showing area proposed to be served and indicating whether the applicant will require poles in the city streets or whether cables and appliances to be utilized by it in city streets will be located on existing poles of utility companies; and
   (G)   Service to be provided and rates to be charged, including installation charge per location, service charge for one receiver and for each additional receiver on the same premises.
(Prior Code, § 2.154)
§ 110.05  FINANCIAL STATEMENT.
   Each applicant shall attach to his or her application an authenticated statement of financial condition and net worth, sufficient in form and content so that the Commission may readily determine its financial responsibility and its ability to finance the proposed undertaking.
(Prior Code, § 2.155)
§ 110.06  INDEMNIFICATION.
   The permittee shall save the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever resulting from the construction, operation or maintenance of its television system in the city. The city shall notify the permittee within 30 days after the presentation of any claim or demand, either by suit or otherwise, made against the city under which the permittee would be liable as set forth above. Such notice shall be given in writing to the person and at the place indicated in the application for the permit.
(Prior Code, § 2.156)
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