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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.)
In operating his or her system, the operator shall meet the following minimum requirements:
(a) The system will produce a picture, whether in black and white or in color, that is undistorted, free from ghost images and accompanied by proper sound on typical, standard production television sets in good repair, and equal in all aspects to what the state of the art permits.
(b) The system will transmit signals of adequate strength to produce good sound and/or good pictures with good sound at all subscriber outlets without causing cross-modulation in the cable or interfering with other electrical or electronic systems.
(c) The operator will be able to demonstrate by instruments or otherwise to subscribers, upon request, that a signal of adequate strength and quality as described in subsections (a) and (b) hereof is being delivered by the system.
(d) The operator will render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible.
(e) The operator will strive, insofar as is practical, for the betterment of his or her system, taking advantage of all reasonable improvements as they become available to him or her.
(Ord. 123-76. Passed 6-17-76.)
The operator shall maintain a business office in the City, which shall be open at least from 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Such office shall have a listed telephone, with an adequate number of lines to handle typical traffic, and shall be so operated that complaints and requests for repairs and adjustments may be received and processed with a minimum of delay. All such complaints shall be investigated and resolved within seven days after their receipt.
If the operator fails to investigate or resolve a complaint within seven days, the complainant or the operator, or both, may submit the complaint to the Mayor, who shall then appoint three members of Council to hear and determine the matter by majority vote. Such determination shall be final. The Mayor has primary responsibility for the continuing administration of any permit issued hereunder and of the reasonable implementation of the foregoing complaint procedures.
(Ord. 123-82. Passed 4-1-82.)
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