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)
(A) The poles used for the company's distribution system shall be those erected and maintained by the power company and/or the telephone company and others, and such poles as shall be erected by the company only where poles of the power company and/or the telephone company and others share are not practicable, provided mutually satisfactory rental agreements can be entered into between the company and the power company and/or the telephone company and others. It is understood that if and when the power company and/or telephone company with whom the company contracts for use of poles goes underground with cables and lines, then the company shall likewise place its cables and lines underground.
(B) The company's transmission and distribution system, poles, wires, and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons or to interfere with any improvements or other uses the city may deem proper to make, or to hinder unnecessarily or obstruct the free use of streets, alleys, bridges or other public property.
(C) The company may not erect or remove any pole without giving prior notice to the city. The erection and removal of such poles shall be performed subject to such conditions as the city may establish from time to time not inconsistent with the purposes of this chapter.
(Ord., passed 8-25-92)
Construction and maintenance of the transmission and distribution system including house connections, shall be in accordance with the provisions of the National Electrical Safety Code of the National Board of Fire Underwriters, and such safety codes as now exist or which may be established in the future. In the event of a conflict among safety codes, the strictest standard shall apply.
(Ord., passed 8-25-92)
(A) In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the company shall so proceed as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets, or other public places, made by the company in the course of its operations, shall be guarded, and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by amber warning lights of approved types.
(B) Whenever the company shall take up or disturb any pavement, sidewalk or other improvement of any street, avenue, alley or other public place, the same shall be replaced and the surface restored in as good a condition as before entry within 48 hours after completion of the company's work. Upon failure of the company to make such restoration within such time, or begin such restoration within such time (if the restoration cannot be made within such time), or upon the company's delay of more than 24 hours in the construction of a restoration begun, the city may serve upon the company notice of the city's intent to cause the restoration to be made and unless the company, within 24 hours after receipt of such notice, begins or resumes the property restoration to be made, including the removal of excess dirt, and the city may do so and the expenses of same shall be paid by the company upon demand of the city.
(C) The company shall at all times comply with any and all rules and regulations which the city made or may make with reference to the removal or replacement of pavements and to the excavations in streets and other public places, not inconsistant with its use for the purposes contemplated by this chapter.
(D) The company shall further comply with all requirements of federal law with respect to the use of compatible easements.
(E) The company, at its expense, shall relocate or remove its cable system as requested by the city for reasons of traffic conditions, public health and safety and protection of property, street construction, grade change, or construction of any public improvement or utility or other city service. The company, at its expense, shall promptly alter or relocate its cable system to conform to any new line or grade. The company, at its expense, shall remove and relocate its structures which obstruct public ways, or whenever the city closes a public way. If, after seven days notice, the company fails to remove or relocate its system as required by the city or other authorized government entity, the city or other authorized government entity may remove or relocate the company's cable system, and the company shall compensate the city or other authorized government entity for all expenses incurred thereby. Provided that, in the event of an emergency, or where the cable system creates or is contributing to an imminent danger to health, safety or property, the city may remove or relocate the company's cable system without notice.
(F) The company, at its cost, shall protect or support public or private property to prevent damage caused by construction, installation, maintenance or operation of its cable system. If the company fails to protect public property, the city may do so, and the company shall compensate the city for all expenses incurred thereby.
(G) The company shall raise or lower wires or equipment upon the reasonable request of any third person, including any person holding a building permit. Expenses associated with raising and lowering the wires or equipment shall be paid by the person requesting the same (except in cases where the company is required to bear the costs under other provisions of this franchise) and the company may require advance payment. The company shall be entitled to require that it be given up to ten days advance notice by the person requesting the movement.
(Ord., passed 8-25-92)
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