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.)