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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)
No person shall intercept or receive, or assist in intercepting or receiving, any communications service offered over a cable system, unless specifically authorized to do so by a cable operator, or as may otherwise is specifically authorized by law.
(A) For purposes of this section, the term ASSIST IN INTERCEPTING OR RECEIVING shall include the manufacture or distribution of equipment intended by the manufacturer or distributor for the unauthorized reception of cable service.
(B) Without securing permission from a cable operator or making payment to a cable operator, no person shall be authorized to make any connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of an authorized or franchised cable system for the purpose of receiving or intercepting, or assisting others to receive or intercept any cable service provided lawfully by the cable operator.
(C) No person shall be authorized to willfully tamper with, remove or damage any cable, wires, equipment or facilities used for the distribution of cable services.
(Prior Code, § 110.100) (Ord. 13-08, passed 6-3-2013) Penalty, see § 115.99
FRANCHISE CONDITIONS
No person or cable operator, shall be permitted to construct, operate or maintain a cable system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the city without first having entered into a franchise agreement with the city.
(A) The Council may award one or more non-exclusive cable service franchises within its geographical limits.
(B) Such franchise shall be awarded at a public proceeding and hearing which affords due process to both the city and the applicant. If the applicant is selected as a franchised operator, then the applicant will enter into a franchise agreement with the city, pursuant to the provisions of federal, state and local laws and regulations.
(C) Subject to applicable law, the city reserves the right to construct, operate or maintain a city-owned cable system and/or the right to provide commercial cable services within the city limits.
(D) Should the city construct a competitive system, the cable operator may withhold certain information it deems proprietary but shall be required to continue to comply with the auditing and review provisions contained herein.
(Prior Code, § 110.085) (Ord. 13-08, passed 6-3-2013)
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