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(a) The operator shall, upon request of Council, provide his or her basic monthly service without charge, to include complete monitoring service, including installation, necessary equipment and maintenance of such equipment, at one location in the City to be designated by Council.
(1) Installation and service will be subject only to such locations being contiguous to a main or lateral cable, or within range of radiowaves if radiowaves are utilized by the operator for the transmission and distribution of signals.
(2) The operator shall relocate monitoring facilities at the request of Council for a charge not to exceed the operator's cost of such relocation.
(b) The operator shall provide a free community antenna television system outlet and free monthly service to each City office building, fire station and police station within the City. Installation and service will be subject only to the building being contiguous to a main or lateral cable, or within the range of radiowaves if radiowaves are utilized by the operator for the transmission and distribution of signals.
(Ord. 123-76. Passed 6-17-76.)
The operator shall provide one video channel for exclusive use by the City as it deems fit, without restriction, and shall not knowingly compete with any program presented by the City, through duplication thereof, in whole or in part.
(Ord. 123-76. Passed 6-17-76.)
(a) Excluding the programming originated by licensed broadcast stations and/or by closed circuit networks, all programming offered by the operator as part of his or her basic service to the general public shall conform to the provisions of the TV Code and/or the Radio Code of the National Association of Broadcasters (NAB), provided that two or more Columbus, Ohio, service area commercial television stations, for the TV Code, are code subscribers thereof.
(b) If the operator sells advertising, pursuant to Section 820.06(b), all such advertising material, if transmitted visually and/or aurally in connection with locally originated programming which is offered to the general public as part of the operator's basic service, shall also be subject to the applicable provisions of the NAB Codes, provided for in subsection (a) hereof, and qualified therein as to the practice of Columbus, Ohio, service area commercial broadcast stations.
(Ord. 123-76. Passed 6-17-76.)
(a) The operator, in compliance with current rules and regulations of the Federal Communications Commission, shall afford full-time, nonduplicated carriage to television stations licensed to the greater Columbus area by the FCC and which go on the air.
(b) It is the intent of this section to require the carriage outlined in subsection (a) hereof, which shall be without the degrading of signals and without deletion of advertising or any material contained in such telecasts, even though the Federal Communications Commission at some future date might amend or even eliminate rules and regulations applicable to carriage and protection of local stations. Therefore, this particular provision shall remain in force so long as there are no laws, rules or regulations prohibiting such carriage, and so long as the operator is not forbidden to do so by the stations involved.
(Ord. 123-76. Passed 6-17-76.)
The transmission and distribution of electronic signals may, at the option of the operator, be made as authorized by the Federal Communication Commission and shall, if applicable, be in accordance with rules, regulations and tariffs of the Ohio Public Utilities Commission, and as follows:
(a) Through coaxial cable and/or other electrical conductors installed in underground conduit owned and maintained by the operator, or attached to poles of electric or telephone utility companies now in existence or hereafter lawfully installed and in use by one of such utilities as transmission or distribution lines. No cable, wire or other electrical conductor and no other equipment, fixture or apparatus used or designed for use in any CATV system shall be erected or installed above the surface of the ground, except as herein specifically permitted.
(1) Notwithstanding authorization for the use by the operator of electric or telephone utility poles, the operator shall discontinue the use of such poles at such time as they are no longer being used by either the electric or telephone company, it being the intent hereof that if such utility companies substitute underground transmission or distribution lines for any portion of their overhead lines, the operator shall provide underground conduits or make other arrangements for such portions of its lines, in order that the poles and attached conductors may be removed.
(2) The operator shall grant to the City, free of expense, joint use of all his or her underground conduit, for any proper municipal purposes, insofar as it may be done without interfering with the operator's own use thereof.
(3) If the City makes any use of conduit owned and maintained by the operator, the City shall hold the operator harmless from any and all actions, causes of action or damages caused by the City's use thereof.
(4) Any construction and utilization by the City, as regards conduit of the operator, shall conform to the same requirements set forth for the operator in the general areas of safety, quality, maintenance and RF (radio frequency) interference.
(5) The right of construction, including easements, is not implied, except in locations where the City has the authority to grant such rights and easements. In such locations, the Mayor may authorize such construction if it will not conflict with other public uses thereof. All other rights of construction, including easements, shall be the responsibility of the operator.
(6) No construction either on poles or of underground conduit shall begin without prior written approval of the Mayor.
(7) All trimming of trees necessitated by the operator's installations, whether on public or private property, shall be accomplished by competent professional tree trimmers, approved by the Mayor.
(8) Before commencing work within an easement area on private property, other than an easement obtained by the operator directly from the property owner, the operator shall give written notice to the owner of such property as to the proposed construction and/or installations to be made in such area. Such notice shall be given at least thirty days before commencement of any construction or installation, and shall contain reference to any improvement on such property which may be damaged or displaced. The operator shall replace or restore any such improvement or any shrubbery, tree, sod or other thing unless otherwise agreed to by the property owner.
(b) Through the common carrier facilities, including coaxial cable and/or other electrical conductors and/or radiowave transmission, owned by one or more telephone companies.
(c) Through the common carrier facilities of one or more telephone companies for main and lateral cable service, with the operator installing and maintaining his or her own service, through coaxial cable and/or other electrical conductors, between terminating units of one or more telephone companies and the dwellings and business establishments of subscribers.
(d) Through the air by means of radiowave transmission facilities of the operator, either totally or in part in combination with subsections (a), (b) and (c) hereof.
(e) Through the air by means of radiowaves transmitted by some other common carrier source, including satellite, either totally or in part in combination with subsections (a) through (d) hereof.
(f) Through any combination of the alternatives for transmission and distribution of electronic signals hereinabove set forth.
(Ord. 123-76. Passed 6-17-76; Ord. 136-88. Passed 5-5-88.)
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