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(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)
(A) The permittee’s receiving and distribution equipment and facilities shall be constructed, operated and maintained so as to provide usable signals at subscribers’ television receivers essentially of the same quality as received at the antenna site.
(B) The permittee shall, in the operation of its CATV system, comply with all applicable laws, ordinances, and rules, regulations and requirements of regulatory agencies.
(C) The permittee shall not, without prior approval of the Commission, utilize the streets of the city for the furnishing of the service commonly known as “Pay TV”. Nothing herein contained shall be deemed to prohibit, as incidental to the transmission of television signals, the origination and transmission of weather, time, local civic events and civil defense announcements or programs for which no additional charge is made.
(D) The permittee shall not repair, service or sell television or radio receiving sets, parts or accessories to its CATV subscribers.
(Prior Code, § 2.160)
No permit shall be granted hereunder until the applicant has established that it has obtained any permit, license or order required by any rule, order or regulation of the Federal Communications Commission which has been promulgated prior to Commission action on its application; or an opinion letter of the permittee’s counsel that such permit, license or order is not required.
(Prior Code, § 2.162)
The Commission shall grant a CATV permit hereunder to each applicant who makes proper application, establishes its qualifications as herein set forth, furnishes the required insurance and assurances and who establishes that its operations will not impose an unreasonable burden on city streets. No permit granted hereunder shall be exclusive.
(Prior Code, § 2.163)
Each permit granted hereunder shall be for the term of 15 years and shall be renewed automatically for successive additional 15-year period, unless notice is given by the city or the permittee more than 180 days prior to the end of any 15-year period that the said permit shall not be renewed.
(Prior Code, § 2.164)
The permittee shall, at the option of the city, provide free CAT service to buildings owned by the city. Free drop installation to also be included excepting where, due to unusual installation conditions, the cost of such would considerably exceed a usual CATV drop installation. In such case, the excess cost shall be paid by the city. The installation referred to above does not include interior of building CATV distribution systems or TV sets.
(Prior Code, § 2.166)
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