(a) Permission/
.
(1) Subject to all the terms and conditions contained in this
, the Charter of
and applicable ordinances of municipality as from time to time in effect, municipality hereby grants
permission to erect, construct, install, and maintain a
to provide
(including
so long as it is considered a cable service under applicable law) in the
and to transact a
in such area. Company agrees, subject to its right to transfer the cable system set forth in § 806.11, throughout the term of this
to:
A. Erect, construct, install and maintain such a
; and
B. Transact such a
in the
.
(2) This
may be amended by mutual agreement to allow the provision of such additional services as may be agreed to by
and
, or permission for the provision of additional services may be granted by a separate document.
(b) Nonexclusive. This and all rights granted hereunder are nonexclusive. reserves the right to grant such other and future franchises as it deems appropriate. This franchise does not establish any priority for the use of the public rights-of-way by or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the public rights-of-way the first priority shall be to the public generally, the second priority to municipality in the performance of its various functions, and thereafter, as between franchisees and other permit holders, as determined by municipality in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the state.
(c) Universal service. shall provide to any and all persons requesting same at any location within the . Due to the density of population within , company agrees not to impose on any subscriber located within municipality any line extension charge or comparable charge for extending company’s to the subscriber’s location.
(d) Channels. shall make a minimum of 75 activated and programmed channels available to subscribers in , but not less than the minimum number of channels which company agrees in writing to provide to other municipalities in the .
(e) Emergencies. may remove or damage the in the case of fire, disaster, or other emergencies threatening life or property. In such event neither municipality nor any agent, contractor or employee thereof shall be liable to or its customers or third parties for any damages caused them or the cable system, such as for, or in connection with, protecting, breaking through, moving, removal, altering, tearing down, or relocating any part of the cable system.
(f) Alert system. The shall include an emergency alert system (“EAS”) as prescribed by and the Cable Television Consumer Protection and Competition Act of 1992, being 47 U.S.C. § 521-555, as amended. shall transmit on such system federal, state and local EAS messages. and company will agree on the procedures for municipality to follow to expeditiously use such system in the event of an emergency.
(g) Compliance with applicable law. In constructing, maintaining, and operating the , will act in a good and workmanlike manner, observing high standards of engineering and workmanship and using materials which are of good and durable quality. Company shall comply in all respects with all applicable codes, including the National Electrical Safety Code (latest edition); National Electric Code; all standards, practices, procedures and the like of the National Cable Television Association; the requirements of utilities whose poles and conduits it uses; and all applicable federal, state, and local laws.
(h) Maintenance and repair. shall keep and maintain a proper and adequate inventory of maintenance and repair parts for the and a workforce of skilled technicians for its repair and maintenance.
(i) Easement usage. To the extent allowed by applicable state and federal law, this authorizes the construction of the over , and through easements, within the and which have been dedicated for compatible uses, subject to the requirements in the balance of this section. In using all easements, shall comply with all federal, state and local laws and regulations governing the construction, installation, operation and maintenance of a cable system. Without limitation, company shall ensure that:
(1) The safety, functioning and appearance of the property and the convenience and the safety of other persons not be adversely affected by the installation or construction of facilities necessary for the
;
(2) The cost of the installation, construction, operation or removal of such facilities be borne by
; and
(3) The owner of the property be justly compensated by
for any damages caused by the installation, construction, operation or removal of such facilities by company.
(j) Other permits.
(1) This
does not relieve
of the obligation to obtain permits, licenses and other approvals of general applicability from
necessary for the construction, repair or maintenance of the
or provision of
or compliance with other municipal codes, ordinances and permissions, such as compliance with right-of-way permits, building permits and the like.
(2) Prior to performing any work in the
(or having such work done on its behalf)
will obtain any necessary permit for same from
.
(3) This
does not constitute a municipal grant of the permit which may be required by state law for access to and the ongoing use of rights-of-way, easements and public places by certain providers of
. Any permit which may be required by Public Act 179 of 1991, being M.C.L.A. §§ 484.2101 through 484.2701 or other state law must be obtained separately from
.
(k) Street cut identification. shall notify in writing of the exact location of each cut made by it or on its behalf in the surface of any paved street.
(Ord. passed 9-5-2001)