112.01 Definitions | 112.21 Rates and Charges |
112.02 Grant | 112.22 Renewal of Franchise |
112.03 Other Ordinances | 112.23 Conditions of CityplaceSale |
112.04 Other Authorizations | 112.24 Transfer of Franchise |
112.05 Conditions of Occupancy | 112.25 Performance Evaluation Hearings/Periodic Reviews |
112.06 Restoration of Public Ways | 112.26 Automatic Term Extension |
112.07 Relocation for the City | 112.27 Books and Records |
112.08 Relocation for a Third Party | 112.28 Insurance Requirements |
112.09 Trimming of Trees and Shrubbery | 112.29 Indemnification |
112.10 Safety Requirements | 112.30 Notice of Violation |
112.11 Underground Construction | 112.31 Grantee’s Right to Cure or Respond |
112.12 Access to Open Trenches | 112.32 Public Hearing |
112.13 Required Extensions of the Cable Service | 112.33 Enforcement |
112.14 Subscriber Charges for Extensions of Service | 112.34 Revocation |
112.15 Cable Service to Public Buildings | 112.35 Force Majeure |
112.16 Emergency Alert | 112.36 Actions of Parties |
112.17 Reimbursement of Costs | 112.37 Entire Agreement |
112.18 Educational and Government Access | 112.38 Reservation of Rights |
112.19 Maps | 112.39 Notice |
112.20 Franchise Fee | 112.40 Term |
The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
1. “Basic cable” is the lowest priced tier of cable service that includes the retransmission of local broadcast television signals.
2. “Cable Act” means Title VI of the Communications Act of 1934, as amended.
3. “Cable services” means: (i) the one-way transmission to subscribers of video programming or other programming service; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or any other programming service.
4. “Cable system” means the Grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple customers within the service area.
5. “FCC” means Federal Communications Commission or successor governmental entity thereto.
6. “Grantee” means MCC Iowa LLC, or the lawful successor, transferee or assignee thereof.
8. “Gross revenue” means any revenues received from the operation of the cable system to provide cable services in the service area, provided, however, that gross revenues shall not include franchise fees, the FCC user fee, any tax, fee or assessment of general applicability collected by the Grantee from subscribers for pass-through to a government agency.
9. “Person” means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
10. “Public way” means the surface of, and the 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 now or hereafter held by the City in the service area which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system.
11. “Service area” means the present boundaries of the City and includes any additions thereto by annexation or other legal means, subject to the exceptions in Section 112.13.
12. “Standard installation” is defined as 125 feet from the nearest tap to the subscriber’s terminal.
13. “Subscriber” means a person who lawfully receives cable service of the cable system with the Grantee’s express permission.
14. “Tap” means the equipment on the cable plant where a coaxial cable subscriber drop is connected.
The City hereby grants to the Grantee a nonexclusive franchise which authorizes the Grantee to construct and operate a cable system in, along, among, upon, across, above, over, under or in any manner connected with public ways within the service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on, over, under, upon, across or along any public way such facilities and equipment as may be necessary or appurtenant to the cable system for the transmission and distribution of cable services, data services, information and other communications services or for any other lawful purposes.
The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the Grantee that are granted by this franchise. Neither party may unilaterally alter the materials rights and obligations set forth in this franchise. In the event of a conflict between any ordinance as of the effective date of the franchise and this franchise, the franchise shall control.
The City shall not permit any person to provide services similar to those provided by the Grantee in the service area without first having secured a non-exclusive franchise from the City. The City agrees that any grant of additional franchises or other authorizations including OVS authorizations by the City to provide services similar to those provided by the Grantee pursuant to this agreement to any other entity shall cover the entire service area and shall not be on terms and conditions more favorable or less burdensome to the grantee of any such additional franchise or other authorization than those which are set forth herein. In any renewal of the franchise, the City, should it seek to impose increased obligations upon the Grantee, must take into account any additional franchise(s) or authorizations previously granted and find that the proposed increased obligations in the renewal are not more burdensome and/or less favorable than those contained in any such additional franchise(s) or authorizations.
The cable system installed by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any such public ways.
If during the course of Grantee’s construction, operation or maintenance of the cable system there occurs a disturbance of any public way by the Grantee, the Grantee shall replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance. Grantee will comply with the City Code of Ordinances Chapter 148 concerning rights-of-way.
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