1052.01 Short title.
1052.02 Definitions.
1052.03 Scope of authority.
1052.04 Police power.
1052.05 Insurance, indemnification and performance bonds.
1052.06 Construction and maintenance of facilities.
1052.07 Application of FCC Rules and State law.
1052.08 Franchise term.
1052.09 Forfeiture.
1052.10 Transfers.
1052.11 Franchise fee.
1052.12 Fee for development of public access programming and for expenses of Cable Television Programming Advisory Board.
1052.13 Sales and repair of receivers prohibited.
1052.14 Acceptance.
1052.15 Unauthorized connections; tampering.
1052.16 Service; billing; charges; security fund; liquidated damages; violations and remedies.
1052.17 Construction schedule.
1052.18 Rates.
1052.19 Additional services.
1052.20 Compliance with standards.
1052.21 Publication costs.
1052.22 Use of system by City.
1052.23 Emergencies or disasters.
1052.24 Records and reports.
1052.25 Program content restrictions.
1052.26 Renewal.
1052.27 Separability.
1052.99 Penalty.
CROSS REFERENCES
Construction and maintenance of facilities - see M.C.L.A. Secs. 247.183 et seq.
Television and radio generally - see M.C.L.A. Secs. 484.301 et seq., 750.507 et seq.
Cables improperly located; insurance - see M.C.L.A. Sec. 500.3123
Exemption of cable television company service employees from Motor Carrier Safety Rules - see TRAF. 486.09(f)
Cable Television Programming Advisory Board - see ADM. Ch. 258
Theft of cable television - see GEN. OFF. 662.11
Utilities generally - see S.U. & P.S. Ch. 1040
Wireless communication facilities and services - see P. &. Z. 1294.35
For the purpose of this chapter, and when not inconsistent with the context, words used in the present tense include the future; words in plural include the singular and vice versa. The word "shall" is always mandatory. The captions supplied for each section are for convenience only. Said captions have no force of law, are not part of the section and are not to be used in construing the language of the section. The following terms and phrases shall be given the meanings set forth below:
(a) "City" is the City of Lincoln Park, Michigan.
(b) "City Council" is the City Council of the City of Lincoln Park, Michigan.
(c) "Federal Communications Commission" or "FCC" is 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.
(d) "Grantee" is the Grantee of a franchise to operate a cable television service in the City.
(e) "Gross revenues" shall include any and all compensation and gross receipts derived by the Grantee.
(f) "Person" is any individual, firm, partnership, association, corporation, company or organization of any kind.
(Res. 96-355. Passed 6-24-96.)
A Grantee may construct, erect, operate and maintain in, upon, along, across, above, over or under the streets, alleys, public utility easements, public ways and public places now laid out or dedicated, and all extensions and additions in the City, all poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation in the City of a cable television system for the transmission of television signals and all other signals permitted by the FCC, either separately or upon or in conjunction with any public utility maintaining the same in the City, with all of the necessary and desirable appliances and appurtenances. Without limiting the generality of the foregoing, a franchise shall include the right in, over, under and upon the streets, sidewalks, alleys, public utility easements and public grounds and places in the City to install, erect, operate or in any way acquire the use of, as by leasing or licensing, all lines and equipment necessary to a cable television system and the right to make connections to subscribers and to repair, replace, enlarge and extend said lines, equipment and connections. The City reserves the right to grant a similar use of said streets, alleys, public utility easements, public ways and places to any person at any time during the period of a franchise. Nothing in this chapter shall be deemed to require the granting of additional franchises if, in the opinion of the City Council, it is in the public interest to restrict such franchises to one or more.
(Res. 96-355. Passed 6-24-96.)
A Grantee shall at all times during the term of a franchise be subject to all lawful exercise of the police power of the City. The right is reserved to the City to adopt, in addition to these provisions and any other existing applicable ordinances, such additional applicable ordinances as it shall find necessary in the exercise of its police power. Such additional ordinances shall be reasonable, shall not conflict with or alter in any manner these rights and shall not conflict with the laws of the State of Michigan, the laws of the United States of America or the rules, regulations and policies of the FCC.
(Res. 96-355. Passed 6-24-96.)
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