In consideration of the granting of the rights and privileges set forth in § 812.01, applicants shall agree to the following additional terms and conditions:
(a) They shall pay the village a yearly franchise fee equal to 3% of the gross revenue during the term of this franchise, exclusive of attachment charges for installations or extensions, deposits, reconnection fees, penalties, advertising revenues and the cost paid by Tele-Media Company of Lake Erie to suppliers of programming.
This franchise fee shall apply to all services as they exist at the present time, as well as to any service added in the future.
(b) They shall charge subscribers of the village who are under 65 years of age a maximum subscriber charge for basic service of $8.00 per month for the first television set serviced and $1.50 per month for each additional television set serviced.
They shall charge subscribers of the village who are sixty-five years of age or older a maximum subscriber charge for basic service of $7.25 per month for the first television set serviced and $1.50 per month for each additional television set serviced.
Basic service means the service that exists as of the effective date of this division (Ordinance 1516, passed April 6, 1981) exclusive of premium service (Home Box Office).
(c) They shall charge an installation fee of a maximum of $15 for the first outlet. The charge for connection of additional outlets shall be a maximum of $10 per outlet. The charge for relocation or rearrangement of outlets at the subscriber's request shall be $5 per outlet. The charge for reconnection after disconnection for any reason but moving shall be $10 per outlet. For reconnection after moving, the charge shall be $5 per outlet. The charges for other than normal type connections, such as, but not limited to, special concealed outlets and buried lines, shall be as agreed to by the prospective subscriber and the applicant. The initial outlet, and all additional outlets installed during such initial installation, shall be installed without charge during the first 180 days of the construction period. Multiunit situations shall be on a negotiable basis subject to the above individual maximum charge.
(d) Applicants shall not engage in television sales or service.
(e) All applicants must maintain an office in the County prior to the commencement of service and shall investigate and resolve all subscriber complaints regarding the quality of service, equipment malfunctions and similar matters expeditiously and normally within 24 hours.
(f) The village shall have the right to examine the books and records of franchisees at all reasonable times relative to all data pertaining to the gross revenue derived by such franchisees for their services furnished to the inhabitants of the village.
(g) Applicants must provide television cable signal at no charge to any one room in each public and parochial school and to each municipal building in the cable service area in the village. Further, they must also provide a free installation to any one auditorium within the cable service area in the village, as chosen by Council, for the purpose of viewing the channels reserved for community use.
(h) Applicants must proceed promptly to obtain such permits, licenses and agreements as are necessary for the construction and operation of the facilities in the village and thereafter shall initiate construction within 90 days after having secured all necessary rights of way and after receiving certification from the Federal Communications Commission and thereafter shall make service available to all residences in the village, whose occupants request the same, within six months after initiating construction.
(i) Applicants must provide a 24 hour a day time and weather channel with free public service announcements for nonprofit organizations, and this channel may also be used as a local programming channel.
(j) Applicants must agree to grant to the village the use of its facilities in case of an emergency.
(k) All applicants shall make the first franchise fee payment within 30 days after the close of the fiscal year, and thereafter within 90 days after the end of each calendar year.
(l) Applicants must obtain permission from the Village Administrator before commencing any underground excavating and must furnish to the village a map showing all installations accurately.
(m) All applicants must agree to cooperate with the village, as the need may arise, with regard to the temporary removal of its lines as may be required by the village.
(n) The Company shall be allowed to adjust rates without the approval of Council provided that:
(1) Such adjustments do not occur more frequently than every two years.
(2) Such adjustments do not exceed the cumulative charges in the United States Bureau of Labor Statistics Consumer Price Index.
The Company shall give the village 60 days written notice of its intent to adjust rates.
(o) Applicants shall abide by the provisions of § 76.31 of the regulations of the Federal Communications Commission, as now enacted or as subsequently amended, which regulations are incorporated herein by reference.
(p) Subscribers to the applicants service shall not be required to assure the applicant that they will subscribe to such service for any specified period of time.
(q) Applicants may not assign any franchises without prior approval of Council.
(r) Within 19 months of the passage date of this division (Ordinance 1516, passed April 6, 1981), the Company shall add a significant number of new channels and/or services to the system.
The channels and/or services to be added shall consist of many of the following types of channels and/or services, subject to technical capability, availability, applicable Federal regulation and financial feasibility:
(1) Sports channels;
(2) Children's channels;
(3) Additional independent stations;
(4) Color radar channel with NOAA audio background;
(5) Special cable networks;
(6) Premium channels; and
(7) An emergency alert system.
(`80 Code, § 812.05) (Ord. 1206, passed 3-18-74; Ord. 1516, passed 4-6-81)