Section
92.01 Definitions
92.02 Grant of authority; acceptance; reservations of rights
92.03 Use of poles and agreements incident thereto
92.04 Compliance with electrical standards
92.05 Conditions on street occupancy
92.06 Company rules
92.07 Rules of the Federal Communications Commission
92.08 Quality of reception
92.09 Convenience and necessity of customers
92.10 Rates for services
92.11 Provision of services; customer protection
92.12 Character of system and service provided
92.13 Final disposition upon termination
92.14 Company liability; indemnification
92.15 Default and non-compliance
92.16 Liquidated damages
92.17 Remuneration to the city
92.18 Record and reports
92.19 No transfer without consent
92.20 Rate regulations
92.21 Provision of public educational and government access
92.22 Separability
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CITY.” Camden, South Carolina.
“COMPANY.” The grantee of the rights under this franchise.
“CITY COUNCIL.” The elected Council of the City of Camden, South Carolina.
“SYSTEM.” A system for originating and relaying audio and/or video signals by means of electrical impulses, as such system is defined in the Cable Communications Policy Act of 1984, Section 602, (6), or subsequent amendments to said Act or The Communications Act of 1934.
“ACT.” The Cable Communications Policy Act of 1984, as it amends the Communications Act of 1934.
“PUBLIC WAY.” The surface of, and space above and below, any public street, highway, freeway, bridge, land path, alley court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by Camden in the city which shall entitle Camden and the company to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. “PUBLIC WAY” shall also mean any easement now or hereafter held by Camden within the city for the purpose of installing, operating, repairing and maintaining the cable system. “PUBLIC WAY” shall also mean any easement now or hereafter held by Camden within the city for the purpose of public travel, or for utility or public service use, or dedicated for compatible uses.
(Ord., passed 8-25-92)
(A) In consideration of the faithful performance and observance of the conditions, restrictions and reservations hereafter specified, the company is hereby granted a non-exclusive franchise for five years, until August 8, 2002, to construct, erect, operate and maintain a cable television system (including but not limited to towers, poles, lines and necessary cables) in the public ways as they may now exist or may extend in the future. However, this franchise shall not be read to authorize the company to attach its wires or equipment to poles owned by the city without first obtaining a pole attachment contract. The company shall at all times strictly comply with the terms of that pole attachment agreement.
(B) This franchise does not authorize the company to provide any service other than cable service, as defined under federal law, but shall be liberally amended to authorize the company to engage in other activities subject to such additional conditions as may be required to protect the public interest.
(C) The company is not authorized to sub-lease, assign or transfer any interests obtained through this franchise without prior permission. The company must pay all fees and compensation required by the franchise or local, state or federal statutes, constitutions or charters.
(D) By accepting the franchise, the company:
(1) Acknowledges and accepts the city's legal right to issue and enforce the franchise;
(2) Agrees it will not oppose intervention by the city in any proceeding with respect to the Camden system;
(3) Except as to matters pre-empted and which cannot be waived, agrees it will not raise any claim or defense alleging that the franchise is unreasonable, arbitrary, void, or unenforceable under the Cable Act, 42 U.S.C. 1983 or otherwise and agrees to accept each and every term; and
(4) Agrees that the franchise was granted pursuant to processes and procedures consistent with applicable law, and agrees it will not raise any claim or defense to contrary.
(E) The city reserves its rights under its police powers including its right to enact and enforce consumer protection laws. The city expressly does not waive requirements of various codes and ordinances, and resolutions, including zoning codes, codes regarding building permits and fees, or time or manner of construction. Any such fees or charges paid, so long as generally applicable and unreasonably discriminatory, shall be paid in addition to the fee required under this franchise.
(F) The franchise does not establish priority for use of public ways over holders of other permits or franchises; it grants no vested interest in occupying any particular position in public way. It grants no right to city-owned property, nor shall the city be required to maintain any of its property any longer than, or in any fashion other than in the city's judgment its own business or needs may require. The city shall control distribution of space in the public ways. The city may require grantee to remove or relocate its system, at grantee's cost, as necessary to provide for optimum use of the public ways.
(Ord., passed 8-25-92; Am. Ord., passed 9-23-97)
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