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A cable operator shall extend cable service to any area within the city that has a density of 30 homes per mile, or fractional equivalent, as measured from the nearest technically feasible point of connection to the system. A newly installed subscriber shall not be assessed or apportioned the cost for installation, except for the usual and normal connection fees paid by subscribers, as long as the system expansion is technically and economically feasible.
(Prior Code, § 110.079) (Ord. 13-08, passed 6-3-2013)
(A) (1) All contractors or subcontractors shall be properly licensed, and each contractor or subcontractor shall have the same obligations, including insurance requirements, with respect to its work, as the cable operator would have under this chapter and applicable laws if the work were performed by the cable operator.
(2) The cable operator shall be responsible for ensuring that the work of contractors and subcontractors is performed consistently with the applicable franchise and related law, specifying that all contractors and subcontractors are familiar with their related responsibilities.
(B) Any contractor proposed for work of construction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances.
(Prior Code, § 110.081) (Ord. 13-08, passed 6-3-2013)
In order that subscribers may be alerted in the event of an impending, imminent or actual, natural or human-made emergency, all cable operators shall ensure that their system complies with FCC emergency alert requirements.
(Prior Code, § 110.082) (Ord. 13-08, passed 6-3-2013)
Each cable operator shall devise and implement a regular periodic preventative maintenance program for the cable system in order to ensure that there is no degradation of the cable system that would adversely affect the citizens’ health and welfare or negatively impact the quality of cable services being provided.
(Prior Code, § 110.083) (Ord. 13-08, passed 6-3-2013)
(A) Termination of service. Upon termination of service to any subscriber, the cable operator shall at its own expense promptly remove all of its facilities and equipment from the premises of such subscriber upon his or her written request.
(B) Removal after revocation or expiration. Subject to applicable state and federal law, upon final denial of the renewal application, or upon final franchise revocation, the city shall have the right to require the franchise holder to remove, at cable operator’s expense, all or any portion of the system from all streets and public property within the city. In so removing the system, the cable operator shall refill and compact, at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to the cable operator’s removal of the system, and without affecting, altering or disturbing in any way electric, telephone or utility cable wires or attachments. The city or its delegated authority shall have the right to inspect and approve the condition of such streets and public property after removal. The security fund, insurance, indemnity and penalty provision of related ordinances shall remain in full force and effect during the entire term of removal.
(C) Removal or relocation in event of emergency. 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 applicable cable system without prior operator notice.
(Prior Code, § 110.084) (Ord. 13-08, passed 6-3-2013)
In the event that a cable operator’s cable system serves areas outside the jurisdiction of the city, then the various jurisdictions or governmental subdivisions shall have the right to enter into one or more agreements concerning the matters covered by this chapter not in conflict with this chapter or with a franchise. By way of example, it is contemplated that the city and the county may enter into one or more agreements to assist in regulating cable operators. These agreements may include, but shall not be limited to, the following general areas:
(A) Allocation of the total franchise fee collected from the entire system between the various governmental subdivisions;
(B) The taking of any surveys and the allocation of any cost to be paid by the various governmental subdivisions; and
(C) EG channel use.
(Prior Code, § 110.099) (Ord. 13-08, passed 6-3-2013)
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