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(a) The operator shall post bond in the sum of ten thousand dollars ($10,000) guaranteeing the removal of all his or her equipment and installations if his or her operation ceases, whatever the cause or reason, if requested to do so by the Council, individual private property owners or subscribers.
(b) The bonding provided for in subsection (a) hereof shall be subject to these requirements:
(1) Such bond shall be executed by the operator and one or more sureties approved by the Director of Law.
(2) Either the bond or certified copies thereof shall be on file with the Mayor.
(3) The bond shall provide by endorsement that it cannot be cancelled or amended by the bonding company prior to ten days notice to the Mayor.
(4) The bond shall be effective before the operator commences any construction or installations.
(c) Within thirty days from the effective date of the granting of a permit by ordinance, the operator shall furnish a bond to the City in the amount of fifteen thousand dollars ($15,000) guaranteeing the faithful performance of the obligation of the operator under the terms of this chapter. Such bond shall be in addition to that required under subsection (a) hereof and shall be subject to the following requirements:
(1) Such bond shall be executed by the operator and one or more sureties approved by the Director of Law.
(2) Either the bond or certified copies thereof shall be on file with the Mayor.
(3) The bond shall provide by endorsement that it cannot be cancelled or amended by the bonding company prior to ten days notice to the Mayor.
(d) It is not the intention of the Council to require either unnecessary or excessive bonding, or double bonding, nor unnecessary or excessive insurance, or double insurance; therefore, Council will waive the requirements for bonds and insurance, excluding the performance bond provided for by subsection (c) hereof, or reduce the amounts thereof, depending upon the participation of any and all telephone companies in providing facilities to and for the operator. An additional consideration for reduction or waiver will be the extent of radiowave transmission versus the use of cable and/or other electrical conductors.
(Ord. 123-76. Passed 6-17-76; Ord. 136-88. Passed 5-5-88.)
No less than ninety days after the initial offering of service to subscribers, the operator shall make available his or her basic monthly service to all applicants whose residences or commercial establishments are contiguous to a main or lateral cable or are within range of radiowaves if radiowaves are utilized for the transmission and distribution of signals.
(Ord. 123-76. Passed 6-17-76.)
In anticipation of ultimately making all services available to every dwelling unit and commercial establishment within the corporate limits, regardless of location, in accordance with Section 820.14, the operator shall strive to achieve this goal as rapidly as possible and shall keep Council advised of all extensions of service beyond that contemplated in his or her original plans and specifications as approved.
(Ord. 123-76. Passed 6-17-76.)
All expanded service, once offered by the operator, shall be made available to all applicants whose residences or commercial establishments are contiguous to a main or lateral cable or are within range of radiowaves if radiowaves are utilized for transmission and distribution.
(Ord. 123-76. Passed 6-17-76.)
The operator shall not, as to rates, charges, service, service facilities, repairs, maintenance, rules or regulations, or in any other respect, make or grant undue preference or advantage to any person or business, or subject any person or business to any prejudice or disfavor.
(Ord. 123-76. Passed 6-17-76.)
The service to be offered by the operator shall be on a solely voluntary basis on the part of the subscriber, who, if his or her residence or commercial establishment is contiguous to a main or lateral cable, or within range of radiowaves if radiowaves are utilized for transmission and distribution, may subscribe to the service at will. Under no circumstances will the operator require a subscriber to pay for service longer than the service is desired.
(Ord. 123-76. Passed 6-17-76.)
The operator shall comply with the following conditions, and the Mayor shall be charged specifically with the duty of enforcing the provisions of this section.
(a) Construction and maintenance of the transmission and distribution system shall be in accordance with the National Electrical Safety Code and such applicable ordinances and regulations of the State and the City as may be presently in effect or may become effective in the future.
(b) The operator shall, at his or her cost and expense, install and maintain during the life of the permit granted by ordinance, and/or cause to be installed and maintained by one or more telephone companies, adequate shielding, filtering and grounding to prevent interference with television and radio reception of nonsubscribers to the operator's service.
(c) All applicable present and future Federal Communication Commission rules and regulations shall be and are hereby incorporated into this chapter as if rewritten herein.
(d) Additional emphasis is supplied to subsection (c) hereof as follows:
(1) The operator shall not transmit on any frequency which will interfere with the official radio communication activities of any governmental agency.
(2) Any significant interference with radio communication activities, as determined by the Mayor, shall be immediately eliminated by the operator.
(e) All installations of equipment shall be of a permanent nature and durable, installed in accordance with accepted good engineering practices; sufficient to comply with all existing State and City rules, regulations and ordinances, so as not to interfere in any manner with the rights of the public or individual property owners; shall not interfere with the travel and use of public places; and, during construction, repair and removal thereof, shall not obstruct or impede traffic or unnecessarily or interfere with the use or enjoyment of public or private property adjacent thereto. The operator shall obtain advance written approval by the Mayor of any installation of equipment in, on or over any public street or other property owned by the City or in which the City holds easement rights, and shall, upon completion of such installation, furnish the Mayor with accurate maps and other supporting data showing the location of such installations. In the event that any such installation should thereafter interfere with a proposed public use of such property or easement, the operator shall, upon written request by the Mayor, relocate such installation, at the operator's expense.
(Ord. 123-76. Passed 6-17-76; Ord. 136-88. Passed 5-5-88.)
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