§ 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)

CABLE TELEVISION RATE REGULATION

§ 110.35 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All other words and phrases used in this chapter shall have the same meaning as defined in the Act and FCC rules.

   ACT.  The Communications Act of 1934, being 47 U.S.C. §§ 201 and 521 et seq., as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385), and as may be amended from time to time.

   ASSOCIATED EQUIPMENT.  All equipment and services subject to regulation pursuant to 47 C.F.R. § 76.923.

   BASIC CABLE SERVICE.  As defined in the FCC rules, and any other cable television service which is subject to rate regulation by the city pursuant to the Act and the FCC rules.

   FCC.  The Federal Communications Commission.

   FCC RULES.  All rules of the FCC promulgated from time to time pursuant to the Act.

   INCREASE IN RATES.  An increase in rates or a decrease in programming or customer services.

(Prior Code, § 2.231)  (Ord. 153, passed 10-18-1993)

§ 110.36 PURPOSE; INTERPRETATION.

   (A)   The purpose of this chapter is to:

      (1)   Adopt regulations consistent with the Act and the FCC rules with respect to basic cable service rate regulation; and

      (2)   Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the city.

   (B)   This chapter shall be implemented and interpreted consistent with the Act and FCC rules.

(Prior Code, § 2.232)  (Ord. 153, passed 10-18-1993)