The transmission and distribution of electronic signals may be made at the option of the operator as follows, and in addition to being as authorized by the FCC shall, if applicable, be in accordance with rules, regulations and tariffs of the Ohio Public Utilities Commission:
(A) Through coaxial or fiber-optic cable and/or other electrical conductors installed in underground conduit, or attached to poles of electric or telephone utility companies now in existence or hereafter lawfully installed and in use by one of these 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 cable television system shall be erected or installed above the surface of the ground, except as herein specifically permitted.
(1) Notwithstanding the authorization for the use by the operator of electric or telephone utility poles, the operator shall discontinue the use of the poles at such time as they are no longer being used by both the electric and telephone company, it being the intent hereof that if the utility companies substitute underground transmission or distribution lines for any portion of their overhead lines, the operator shall provide underground conduits or make other arrangement for such portions of its lines, in order that the poles and attached conductors may be removed.
(2) The operator shall grant to the Village, free of expense, joint use of all its owned underground conduit for any proper municipal purposes, insofar as it may be done without interfering with the operator's own use thereof and not in commercial competition with the services provided by the operator.
(3) If the Village makes any use of conduit owned and maintained by the operator, the Village shall hold the operator harmless from any and all actions, causes of action, or damages caused by the Village's use thereof.
(4) Any construction and utilization by the Village, 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) Subject to applicable provisions of federal law or applicable Village ordinances, the right of construction, including easements, is not implied, except in locations where the Village has the authority to grant such rights and easements. In such locations, the Mayor may authorize such construction if it will not materially 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 personnel trained in such work.
(8) Before commencing work within any 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 seven 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, trees, 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 radio wave transmission, owned by any other provider of telephony services.
(C) Through the common carrier facilities of any provider of telephony services for main and lateral cable service, with the operator installing and maintaining its own service, through coaxial cable and/or other electrical conductors, between terminating units of any other provider of telephony services and the dwellings and business establishments of subscribers.
(D) Through the air by means of radio wave transmission facilities of the operator, either totally or in part in combination with (A), (B) and (C) of this section.
(E) Through the air by means of radio waves transmitted by some other common carrier source, including satellite, either totally or in part in combination with (A), (B), (C) and (D) of this section.
(F) Through any combination of the alternatives for transmission and distribution of electronic signals hereinafter set forth.
(Ord. 0-1621-97, § 703.01, passed 7-21-97)