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741.09 TECHNICAL REQUIREMENTS.
   The grantee shall maintain a system that meets or exceeds the technical standards applied to such systems by the FCC. Procedures for testing the technical capacity of the system shall conform with the technical and testing standards applied to cable systems by the FCC.
(Ord. 09-85-92. Passed 9-15-92.)
741.10 DONATED SERVICES.
   (a)   The grantee shall provide, without installation charge and without monthly service charge, a single set cable connection to all public and parochial schools in the City, plus other public buildings to be selected and directed by the City. The service level to be provided at no monthly charge shall be no less than the equivalent of the grantee's basic broadcast and satellite service as the same was offered on January 1, 1992, or similar service as allowable under contracts and conditions set forth in the grantee's agreements with the various programming networks, stations, etc. included in the service. In educational buildings, the grantee further shall install and maintain in each building additional connections to be paid for by the public authority owning or operating such building on a time and material basis for both the installation and maintenance, with the further understanding that no equipment other than the grantee's shall be attached to such installations without prior approval of the grantee.
   (b)   The grantee shall also provide, no later than December 31, 1992, facilities adequate to allow live cablecasting on the system from City Hall. From the beginning of the term of this franchise until such facilities are provided, the grantee shall provide in cooperation with the City a method by which video taped access programming can be collected and cablecasted on a daily basis on Channel 19 or similar access channel. The City or its designee shall be responsible for the selection, review and approval of such programming and for coordination with the grantee. The grantee shall also provide, no later than December 31, 1995, facilities adequate to allow live cablecasting from Circleville High School. Any electronics necessary at the City Hall or the High School shall be the City's or the school system's sole responsibility. Any maintenance of such transmission facilities shall be the responsibility of the grantee.
(Ord. 09-85-92. Passed 9-15-92.)
741.11 RATES AND REGULATIONS.
   The City reserves all rights to regulate the rates and terms and conditions of service provided by the grantee to the fullest extent allowed by law, as such law may change from time to time throughout the franchise term; provided, however, that:
   (a)   To the extent not otherwise provided by State or Federal law, before exercising such regulation the City shall adopt procedures which shall:
      (1)   Afford the grantee due process of law;
      (2)   Afford the grantee a right to request an increase in rates, have the same promptly considered and acted upon and the right of appeal from any decision or lack of decision on such request, including a de novo hearing should the grantee request the same; and
      (3)   Allow increases in rates without the necessity for the grantee to seek or receive the City's approval so long as:
         A.   Any such increases shall take effect no more often than once in any twelve month period;
         B.   Any such increases, on a percentage basis, shall not be greater than the sum of increases in the grantee's programming costs plus sixty percent (60%) of the cumulative increase in the CPI since the grantee's last increase of such rates; and
         C.   Any such increase is preceded by at least sixty days written notice to the affected subscribers with a copy of the form of such notice filed with the City Clerk.
   (b)   Such regulation or failure to regulate shall not result in confiscatory rates.
      (Ord. 09-85-92. Passed 9-15-92.)
741.12 SERVICE AREA.
   All residential areas within the cable service territory shall be provided with access to service from the system where densities are at least equal to twenty-five homes per mile provided that all such permission as may be required from the owner of the property is reasonably available, and that service to multiple dwelling units need be provided only on terms acceptable to the grantee. In areas with less than twenty-five homes per mile, service shall be offered in conformance with the grantee's service extension policies.
(Ord. 09-85-92. Passed 9-15-92.)
741.13 CONSTRUCTION CODES AND PERMITS.
   (a)   The grantee shall obtain required permits from the City before commencing construction involving the opening or disturbance of any street or public property. The City shall cooperate with the grantee and use its best efforts in granting any permits required. The grantee shall arrange its lines, cables and other appurtenances, on any street or public property, in such a manner as to cause no unreasonable interference with the usual and customary use of such street or public property of any person.
   (b)   Methods of construction, installation and maintenance of the grantee's system shall comply with the National Electrical Safety Code, as amended, to the extent that such Code is not inconsistent with local law affecting the construction, installation and maintenance of electric supply and communication lines.
(Ord. 09-85-92. Passed 9-15-92.)
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