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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)
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
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)
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)
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)
The permittee shall provide insurance in such form as shall protect the city and itself from and against any and all claims for injury or damage to persons or property, both real and personal, resulting from the construction, erection, operation or maintenance of the television system pursuant to the authority of the permit granted hereunder, in limits of not less than $500,000 for personal injury or death of any one person, $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $25,000 for damage to property resulting from any one occurrence. Each policy shall provide for ten days’ notice in writing to city of change in the policy or cancellation, and said policy shall name the city, its officers, employees and agents as additional insureds.
(Prior Code, § 2.157)
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