§ 110.12 PRELIMINARY REQUIREMENT TO GRANTING PERMIT.

   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)

§ 110.13 GRANTING OF PERMIT.

   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)

§ 110.14 TERM OF PERMIT.

   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)

§ 110.15 RATE AND FEE CHANGES.

   The schedule of rates and changes filed with the city as part of the permit application shall not be increased except upon approval of the City Commission.

(Prior Code, § 2.165)

§ 110.16 SUPPLYING SERVICE TO THE CITY.

   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)

§ 110.17 TRANSFER.

   Permits granted hereunder are not transferable except upon approval of the Commission. The proposed transferee shall file an application in form approved by the City Commission and shall satisfy all other requirements of this chapter.

(Prior Code, § 2.167)

§ 110.18 TERMINATION.

   (A)   The permittee may surrender its permit at any time, in which event it shall refund to subscribers all prepaid and unearned service and other charges collected from subscribers.

   (B)   The Commission may terminate the permit or any permittee who shall default in any of its obligations hereunder, except for causes beyond the reasonable control of the permittee, provided that the permittee shall be given 60 days written notice to correct any such default or noncompliance before the Commission may proceed to terminate the permit under this section.

   (C)   The permittee shall be entitled to a hearing before the Commission to determine the propriety of termination of the permit by it pursuant to this section, and the decision of the Commission shall be final. Notwithstanding the provisions hereinbefore made, the Commission may terminate the permit of any permittee in accordance with the franchise requirements of the Constitution and statutes of the state.

   (D)   Upon termination of its permit, the permittee shall at its own expense remove from the city streets all its facilities and equipment therein utilized by it in its CATV operation, unless the Commission shall specifically authorize it to leave all or part of such facilities and equipment in place.

(Prior Code, § 2.168)

§ 110.19 VIOLATIONS DECLARED NUISANCES.

   The violation of any provision of this chapter is hereby declared to be a nuisance per se and any court of competent jurisdiction may order such nuisance abated and the owner and the operator guilty of maintaining a nuisance per se.

(Prior Code, § 2.169)

§ 110.20 FEDERAL LAW.

   This chapter shall be construed and administered in compliance with federal law and regulations.

(Prior Code, § 2.170)