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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)
(A) The permittee shall have the right, so long as its permit is in force and effect, to utilize the streets of the city to the extent set forth in its application, or as otherwise provided by the Commission in its permit for the transmission of television and radio signals as herein authorized from its antenna location or locations to the premises of subscribers.
(B) The permittee may erect all such wires, cables and appurtenances in the said streets, subject to the written approval of the City Engineer of the placement of any such poles, or permittee may, at its option, authorize, subject to the same conditions as to the placement of poles, the installation of such cables and appurtenances by others on a lease, rental, fee or other basis, and all such wires, cables, conduits, appurtenances and poles placed or installed by others for the use of permittee shall exist and continue to exist solely by authority of the permission granted to said permittee.
(Prior Code, § 2.158)
(A) Use. All transmission and distribution structures, lines and equipment erected by the permittee or on its behalf within the city shall be so located as to cause minimum interference with the reasonable use of streets, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets.
(B) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the permittee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway or surfacing of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of 15 years.
(C) Relocation. In the event that any time during the existence of a permit granted hereunder, the city shall lawfully widen, realign or otherwise alter the street right-of-way, or construct, reconstruct, realign, change the grade of or otherwise alter pavement or any water main, fire hydrant, sewer or appurtenance, the permittee and anyone acting for it in connection with the use of the streets, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(D) Conduit districts. In areas of the city in which telephone lines and electric utility lines are underground, all the permittee’s lines, cables and wires shall be underground.
(E) Construction standards. The permittee’s distribution system in the public streets shall comply with all applicable laws and regulations and ordinances and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances above ground required for telephone lines, cables, wires and conduits.
(F) Permit fee. The permittee shall pay to the city for the privilege of operating a CATV system under the permit granted pursuant to this chapter a sum equivalent, to 5% of the annual gross operating revenues received by it, and not refunded, in fees from service charges to subscribers, not including installation or drop line charges, located within the city payable quarterly. This percentage figure shall be subject to review at the end of the 15-year term. Nothing in this chapter shall exempt any permittee from the payment of ad valorem taxes on its property or equipment or on the income earned by it or from any other tax which it might be validly obligated to pay if it were not subject to the permit fee herein imposed.
(G) Annual financial statement. The permittee shall file with the City Clerk annually, an audited statement of revenues received from its operations under its permit issued pursuant to this chapter within 60 days after the close of its fiscal year, shall make its financial records relating thereto available to the city for inspection at a place designated by it within the city, at any reasonable time, and shall maintain separate records as to its business conducted pursuant to its permit issued hereunder.
(Prior Code, § 2.159)
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