803.01 Purpose.
803.02 Definitions.
803.03 Franchise required.
803.04 Application for and issuance of franchises; duties of grantees.
803.05 Construction timetable.
803.06 Competition.
803.07 Rates and charges.
803.08 Franchise fee payments by grantees.
803.09 Insurance.
803.10 Indemnification.
803.11 New developments.
803.12 General capability.
803.13 Service to customers.
803.14 Parental lock-out.
803.15 Other business activities.
803.16 Conditions of street occupancy.
803.17 Technical standards.
803.18 Maps, records and reports.
803.19 Transfer of rights.
803.20 Construction, performance bond and letter of credit.
803.21 Review, renewal, termination and cancellation.
803.22 Purchase option.
803.23 Removal.
803.24 Continuity of service.
803.25 Guaranty of parent.
803.26 Right of privacy.
803.27 Rights of residents.
803.28 Tampering with cable equipment.
803.29 Cable Television Commission. (Repealed)
803.30 Liability of grantees in libel actions.
803.31 Waiver.
803.32 Acceptance of agreement and incorporation of application and chapter by reference.
803.33 Severability.
803.99 Penalty.
CROSS REFERENCES
Encroachments on highways and roads - see M.C.L. Secs. 247.1 et seq.
Construction and maintenance of facilities - see M.C.L. Secs. 247.183 et seq.
Television and radio generally - see M.C.L. Secs. 484.301 et seq., 750.507 et seq.
Cables improperly located; insurance - see M.C.L. Sec. 500.3123
Cable television rates - see B.R. & T. Ch. 804
Television tower - see Zoning Code
Wireless communication facilities - see P. & Z. Chapter 1240 (Zoning Code)
The purposes of this chapter are to regulate the construction, maintenance and operation of cable television systems in the City of Howell and to provide for the granting of franchises for the construction, maintenance and operation of cable television systems.
(Ord. 615. Passed 9-5-95.)
As used in this chapter:
(a) "Basic cable service" means any service tier which includes the retransmission of local television broadcast signals.
(b) "Cable Television Commission" means the advisory body created by this chapter to recommend measures in connection with the enforcement and development of this chapter.
(c) "Cable television service" means the delivery to subscribers, via a cable system, of video programming, data services and ancillary audio and data signals and any associated upstream or downstream data or polling information directly or incidentally related to the delivery of such programming, and any upstream or downstream institutional programming.
(d) "City" means the City of Howell.
(e) "Community antenna television system," "CATV system" or "cable system" means a system of cables or other electrical or optical conductors and equipment used or to be used primarily to receive television and/or radio signals directly or indirectly from the atmosphere and to transmit such signals via cable or other equipment to subscribers in the City.
(f) "Council" means the City Council of the City of Howell.
(g) "Federal Communications Commission" or "FCC" means the present Federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.
(h) "Franchise" means a nonexclusive, limited authorization awarded by ordinance for the construction, maintenance, upgrade and operation of a CATV system in the City.
(i) "Grantee" means any holder of a CATV franchise granted pursuant to this chapter.
(j) "Gross revenues" means any and all receipts and revenues, including revenue from advertising or data services, received directly or indirectly from all sources and/or users other than transactions related to the sale or lease of real property by a grantee, not including any taxes on services furnished by a grantee and imposed on any subscriber or user by any governmental unit, and collected by a grantee. Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means.
(k) "Person" means any individual, firm, partnership, association, corporation, company or organization.
(l) "Subscriber" means any person who contracts with the grantee for, or is in any manner lawfully provided with, cable services.
(m) "User" means any person who is provided the use of the grantee's CATV system, channels, equipment or facilities.
(Ord. 615. Passed 9-5-95.)
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