Section
112.01 Short title
112.02 Intent and purpose
112.03 Definitions
112.04 Franchise required; application
112.05 Acceptance; indemnification; effective date
112.06 Duration of franchise; termination; transfer
112.07 Authority granted by franchise
112.08 Conditions to use of streets
112.09 Permits, installation, and service
112.10 Operational requirements
112.11 Remuneration to city
112.12 Rights reserved to city
112.13 Franchise area and extension of service
112.14 Expense reimbursement to city
112.15 Violations
(A) For the better protection of the public interest, health, safety, welfare, and convenience, and in order to provide for the city a cable television system which will serve the present and future needs of its citizens and the general public; its government, public institutions, commercial enterprises, and lawful public and private organizations, the following rules and regulations are hereby adopted pursuant to the statutory authority contained in G.S. §§ 160A-511 and 160A-319, and specifically in furtherance of the policies of the state as set forth in G.S. §§ 143B et seq., known as the Public Telecommunications Act. These rules and regulations set forth the conditions, requirements, and limitations under which a person may construct, have constructed, operate, and maintain a cable television system and engage in the business of providing a cable television service in the city.
(B) The system in its establishment, construction, operation, and maintenance shall be subject to and in compliance with the terms herein and the franchise agreement referred to herein, and all pertinent laws, rules, regulations, orders, and policies of the Federal Communications Commission, the state, the county, the city, and all governmental agencies having jurisdiction over the same.
(Ord. 20, passed 8-5-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is always mandatory and not merely directory.
CABLE (COMMUNITY ANTENNA) TELEVISION SERVICE. The business of furnishing to the public for compensation, by means of a master antenna or cables or both, broadcast TV programs obtained off the air, together with any other program material of all descriptions and forms, and any transmission along the energized cable, and any advertising as may be allowed from time to time by the rules and regulations of the Federal Communication Commission and other applicable law.
CABLE TELEVISION SYSTEM or CATV SYSTEM. Any facility operating in or serving in any manner the city that, in whole or in part:
(1) Receives directly or indirectly over the air, or which creates and originates, and amplifies or otherwise modifies, any audio, video, and other forms of electronic or electrical signals, whether broadcast by one or more television or radio stations, transmitted by satellite or microwave facilities, or whether created and originated by the facility or reproduced by it electronically or by means of film, videotape, videodisc, or any other process;
(2) Transmits, receives, or otherwise originates, detects, processes, interprets, transacts, collates, or compiles data or any other form of electronic, electrical, or computer signals of all sorts, including, but not limited to, QUBE and other two-way services, remote power meter readings, burglar alarm services, teletext services, and the like; and
(3) Distributes the signals by any system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities to or from subscribing members of the public. This definition shall not include:
(a) Any facility that serves or will serve only subscribers in one or more apartment dwellings or multiple unit dwellings under common ownership, control, or management, and commercial establishments located on the premises thereof; or
(b) Any facility that serves fewer than 50 subscribers which does not use city rights-of-way.
CATV. Cable (community antenna) television.
FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license, or otherwise to construct, or have constructed, operate, and maintain a system in the city for the purpose of providing cable television service to the citizens of the city. Any such authorization, in whatever terms granted, shall not include any license or permit authorization required for the privilege of transacting and carrying on a business within the city in accordance with the Privilege License Ordinance adopted annually by the Council of the city.
GRANTEE. The person to whom a franchise is granted by the City Council under this chapter, and the lawful successor, transferee, or assignee of that person.
GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for any and all cable services in the community (including all forms of consideration, such as initial lump sum payments).
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
PROPERTY OF GRANTEE. All property owned and installed by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
STREET. The surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, or drive, existing as such within the franchise area.
SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of a grantee.
(Ord. 20, passed 8-5-1982)
(A) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation, or maintenance of a community antenna television system in the city unless the person or the person for whom the work is being done shall have first obtained a franchise from the City Council. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the city unless the person shall have first obtained a franchise from the City Council.
(B) A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the City Clerk. The application shall contain the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parent, and subsidiary companies and of stockholders owning or controlling as much as 3% of the outstanding stock, and shall include a certified copy of the articles of incorporation;
(2) A statement showing the applicant’s experience in establishing a system and in providing a service;
(3) A certified financial statement prepared by a certified public accountant, or person otherwise satisfactory to the City Council, or other financial data acceptable to the Mayor, showing the applicant’s financial status and its financial ability to complete the construction and installation of the proposed system and to provide the proposed service. In connection therewith, information with respect to financial projections, including nature and sources of capital or equity financing, shall be submitted along with the application;
(4) A statement and description of the system, prepared by or approved by a licensed professional engineer in the electronics field, proposed to be constructed, installed, maintained, or operated by the applicant; the manner in which the applicant proposes to construct, install, maintain, and operate the same; and, particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;
(5) A copy of any arrangement, agreement, or contract, if existing, between the applicant and any public utility providing for the use of facilities of the public utility, such as poles, lines, cables, or conduits;
(6) A statement setting forth all agreements and understandings, whether written, oral, or implied, existing between the applicant and any person, with respect to the ownership, control, or transfer of the proposed franchise or the proposed CATV system and service. If a franchise is granted to a person posing as a front or as the representative of another person and the information is not disclosed in the original application, the franchise shall be deemed void and of no force and effect whatsoever;
(7) A statement or schedule of proposed rates and charges to subscribers for installation and services; and
(8) Any additional information which the City Council, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(C) Upon consideration of any such application, the City Council shall determine the applicant’s qualifications to construct, operate, and maintain a CATV system and to provide a CATV service in accordance with the provisions of this chapter. If the City Council determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the City Council determines that the applicant is so qualified, it may, by ordinance, grant a franchise to the applicant, to be effective as provided in § 112.05. Provided, however, no provision of this chapter may be deemed or construed as to require the granting of a franchise when the City Council determines that to do so would not be in the public interest. Any franchise granted shall include the following condition:
“The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Locust and no other purpose whatsoever.”
(Ord. 20, passed 8-5-1982) Penalty, see § 10.99
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