EDITOR’S NOTE: By Ordinance 07-0-91, passed September 19, 2007, Council provided that all video service providers providing video service in the City pursuant to a video service authorization obtained from the Director of the Ohio Department of Commerce shall pay to the City Video Service Provider Fees (“VSP Fees”) in the amount of five percent (5%) of gross revenues received from providing video service in the City.
961.01 Definitions.
961.02 Franchise grant.
961.03 Franchise to operate.
961.04 Application for CATV franchise.
961.05 Insurance.
961.06 Franchise fee.
961.07 Surety bond.
961.08 Books and records of the company.
961.09 Rates.
961.10 Maps, plats and reports.
961.11 Conditions on street occupancy.
961.12 Construction and installation of system.
961.13 System configuration.
961.14 Operation.
961.15 Supervision by the City.
961.16 Removal of equipment from public ways.
961.17 Certificate of public convenience.
961.18 Filings and communications with regulatory agencies.
961.19 Application for permits.
961.20 Emergency alert.
921.21 Safety requirements.
961.22 New developments.
961.23 Service agreements, rules and regulations.
961.24 City's right to intervention in suits.
961.25 Open access.
961.26 Restrictions against assignment.
961.27 Preferential or discriminatory practice prohibited.
961.28 Restrictions on franchise.
961.29 Revocation of franchise.
961.30 Condemnation.
961.31 Sale, repair or installment of television sets by grantee prohibited.
961.32 Failure of City to enforce the franchise no waiver of the terms thereof.
961.33 Time essence of this agreement.
961.34 Rights reserved to the City.
961.35 Grantee to have no recourse.
961.36 Extension of City limits.
961.37 Employment regulations.
961.38 Tampering.
961.39 Mentor Cable TV Commission.
CROSS REFERENCES
Tampering - see GEN OFF. 541.04
Theft of services - see GEN. OFF. 545.05
(a) "Additional service" means any communications service other than basic service, provided over the system by the company directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications services including, by way of example but not limited to, burglar alarm, data, or other electronic intelligence transmission, facsimile reproduction, meter reading, and home shopping.
(b) "Applicant" shall mean any person submitting an application to the City of Mentor for a franchise to operate a CATV system under the terms and conditions set forth by the City Council.
(c) "Basic Service" means the simultaneous delivery by the company to television receivers (or any other suitable type of audio-video communication receivers), to all subscribers and to all locations in the City of all signals of over-the-air television broadcasters required by the Federal Communications Commission (hereafter, "F.C.C.") to be carried by a CATV system to be defined by the F.C.C.; the company channels; City channels, except as may be designated for special purposes; education channels; public access channels and lease channels. Pay or subscription television as defined by the F.C.C. shall not be considered part of the basic service.
(d) "Channel" means a band of standard and non-standard frequencies in the electromagnetic spectrum which are capable of carrying an audio-digital and/or an audio-visual television signal or signals.
(e) "City channels" shall mean the public channels on the CATV system which are reserved by the franchise agreement for use by the City for such purposes as it may designate.
(f) "City Manager" shall mean the City Manager of the City of Mentor as that office is defined in Section 4.02 of Article IV of the Mentor City Charter and any officer or employee of the City appointed by the City Manager to act for him.
(g) "Commercial subscriber" shall mean a purchaser of any service delivered over the system who or which is not a residential subscriber, or who or which utilizes the service in connection with a business, trade or profession.
(h) "Community antenna television" (CATV) is the business of transmission and distribution of television signals, including radio signals, by means of cable to private subscribers but does not include the operation of a master television antenna system, the distribution system of which is confined to private property.
(i) "Community antenna television system" (CATV system) shall mean a system of antenna, cables, wires, lines, towers, waveguides, laser beams, or any other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, amplifying and distributing by coaxial cable, audio, video and other forms of electronic or electrical signals to and from subscribers and locations in and outside the City of Mentor, Ohio. It may also be referred to as "Broadband Cable Communications System".
(j) "Company" is the grantee of rights under this chapter and to whom or to which a franchise is granted pursuant to the terms, of this chapter.
(k) "Converter" means an electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at designated dial locations.
(l) "Council" shall mean the City Council of the City of Mentor, Ohio.
(m) "Director of Finance" shall mean the Director of Finance of the City of Mentor as that office is defined in Section 5.04 of Article V of the Mentor City Charter and any officer or employee of the City appointed by the Director of Finance to act for said Director of Finance.
(n) "Distant signal channel" means a channel or channels on the CATV system designated to carry signals from stations located outside the mandatory carriage area as defined by the F.C.C.
(o) "District" means that area within the City of Mentor corporate limits.
(p) "Dwelling unit" shall mean a room or suite of rooms in a building or portion thereof, used for living purposes by one family. A "dwelling unit" shall not mean a building used solely for commercial uses.
(q) "Educational access channel" shall mean the public channels on the CATV system which are designated by the franchise agreement for the primary carriage of educational programs and services whether from schools or not and whether or not the schools are public, parochial, or private.
(r) "Effective date" of the franchise means the date upon which an ordinance granting a franchise becomes effective as a matter of law.
(s) "Federal Communications Commission" or "F.C.C." means that agency as presently constituted by the U.S. Congress, or any successor agency.
(t) "Franchise agreement" shall mean a non-exclusive contract and authorization granted pursuant to this chapter for the construction, operation and maintenance of a CATV system within the City of Mentor, Ohio.
(u) "Franchise holder" means the person or company awarded a "Certificate of Public Interest, Convenience and Necessity" for the operation of a CATV system in the City of Mentor, the "franchise" to be awarded in accordance with the provisions of applicable law, including this chapter.
(v) "Franchise property" shall mean all property owned, leased, installed or used under authority of this chapter by the grantee.
(w) "Grantee" shall mean the person to whom a franchise is granted by an ordinance of the City of Mentor, Ohio
(x) "Gross receipts" means all revenue derived directly or indirectly by the company, its affiliates, subsidiaries, parents, and any person in which the company has a financial interest, from or in connection with the operation of the system, within the City.
(y) "Gross subscriber revenue" shall mean all revenue derived from the monthly charges from all subscribers within the City of Mentor.
(z) "Head end facilities" shall mean that portion of the CATV system consisting of the television receiving antennae and structures necessary to support such antennae in a position to receive television broadcast signals and distribution of such signals as described under Section 961.13(b).
(aa) "Lease channel" means the channel or channels on the CATV system which are reserved by this chapter for carriage of program material provided by persons who lease channel time and if necessary, studio facilities and/or equipment from the grantee for the presentation of programs in accordance with this chapter.
(bb) "Pay television" means the delivery over the system of video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic service) on a per program, per channel or other subscription basis.
(cc) "Person" means person, firm, corporation, or association, and any other legally recognized entity.
(dd) "Public access channels" means channels on the system which are reserved by this chapter for carriage of program material provided by persons who use channel time and, if necessary, studio facilities, from the company for the presentation of programs in accordance with this chapter.
(ee) "Residential subscriber" shall mean a purchaser of any service delivered over the system to an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.
(ff) "School system" shall mean the Mentor Village Exempted Board of Education and private or parochial schools within the City of Mentor.
(gg) "Street/streets" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or right of way as shall be now held or hereafter held by the City, which shall, within their proper use and meaning entitle the City and its grantee to the use thereof for the purposes of installing or transmitting CATV system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and pertinent to a CATV system.
(hh) "Subscriber" shall mean a purchaser of any service delivered over the CATV system and includes those persons who are not required to pay any fee because of their exemption from fees by this chapter.
(ii) "Subscription television" means a system whereby subscription television broadcast programs are transmitted and received, provided further that the term "broadcast" shall include cable.
(jj) "System" means the broadband communications facility, 5-300 MHz, maintained by the company within the City.
(kk) "Two way capability" means the subscriber or any other location shall have the capability to choose whether or not to respond immediately, or by sequential delay by utilizing any type of terminal equipment whatever, by pushbutton code, dial code, meter, voice, video signal, or by any other means, to any type of electronic, including but not limited to audio and video, electrical or mechanically produced signal, display and/or interrogation.
(ll) "User" denotes a person or organization utilizing a system channel for purposes of production and/or transmission of material, as contrasted with receipt thereof, in a subscriber capacity. (1969 Code 58.01)
A franchise to be granted by the City of Mentor pursuant to this chapter shall grant to the grantee, the non-exclusive right, privilege and franchise to construct, operate and maintain a CATV system in the streets and roads of the City of Mentor, Ohio, for a period of ten (10) years from and after the grant and acceptance date of the franchise to be awarded, subject to the conditions and restrictions as hereinafter provided, and further provided that the City of Mentor shall have the right to review such franchise periodically at such time as the City of Mentor may from time to time elect to do so and as hereinafter provided. Any breach by the franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter. The cost of any litigation incurred by the City to enforce this chapter or a franchise granted pursuant hereto, shall be reimbursed to the City by the franchisee.
(1969 Code 58.02)
(a) A non-exclusive franchise to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, whether operating under an existing franchise or not, offering to furnish and provide such system under and pursuant to the terms and provisions of this chapter. No provision of this chapter shall be deemed or construed to require the granting of a franchise when in the opinion of the Council it is in the public interest not to grant the franchise, or to restrict the number of grantees to one or more. (1969 Code 58.03)
(b) Any person, firm or corporation desiring to operate a community antenna television system within the City shall not do so unless and until a franchise or license for such operation shall have been obtained pursuant to law.
(1969 Code 114.20)
(a) The Council shall prescribe all procedures for the submission of applications for a franchise under this chapter.
(b) The Council shall require such information from the applicant as required by this chapter and may include such additional or different conditions, limitations, or restrictions in the franchise as it may deem advisable. Nothing contained herein shall be construed to prohibit such additional or different requirements, conditions, limitations or restrictions.
(c) The franchise application shall be submitted in writing and shall contain the following information together with such additional information as may be required by the Council:
(1) The names, home addresses, principal occupations, and business addresses of all persons having an ownership interest in the applicant;
(2) The name in which applicant will conduct business in the City of Mentor;
(3) The names of all parent or subsidiary companies of the applicant, together with the names, home addresses, principal occupations and business address of all persons who are officers or directors of such parent or subsidiary companies;
(4) The address of the applicant's principal office;
(5) Applications are to be signed by applicant only, if an individual, or if a partnership it shall include all parties involved; and if a corporation or other legal entity it shall be signed by the chief executive officer;
(6) A processing fee of $100.00 shall be submitted with each application. Said fee is non-refundable;
(7) A description of prior experience, if any; applicant's officers and directors in the operation, including any disciplinary action of any nature imposed by a court or governmental agency relating to CATV operations;
(8) A balance sheet of the applicant, dated no earlier than ninety (90) days proceeding the date of application; certified by an independent certified public accountant. If applicant is a partnership, copies of each general partner's balance sheet, each certified by an independent certified public accountant.
(9) Applicant must be qualified to do business in the State of Ohio, and the name and address of a resident agent or any attorney-in-fact upon whom service of process may be made in the State of Ohio must be furnished;
(10) A statement of all rates proposed to be charged for all services to be offered by applicant;
(11) The applicant shall furnish information as to the programming services and public services which it shall propose to provide, and certificate of approval from all stations to be carried by grantee;
(12) The applicant shall also furnish information in the form of a proposal as to the following:
A. The off air signals to be carried initially.
B. The number of channels offered and the potential for diversified services to local government and local commercial interests.
C. The cost estimates of development, installation and system maintenance.
(d) If any information in an application becomes inaccurate, applicant has ten (10) days from the date such information becomes inaccurate to furnish the Council with the corrected information. (1969 Code 58.04)
(a) The grantee shall indemnify and save harmless the City, its officers and employees from and against any and all injury, loss, damage, costs, expenses, claims, attorneys' fees, demands, actions, suits, judgments or other proceedings, or liability, including but not limited to any liability for inverse condemnation or for failure to secure consents for programs delivered by the grantee's CATV system, arising out of or in any way connected with the grant; exercise or enjoyment of grantee's franchise, and regardless of any negligence or other acts or omissions on the part of the City, its officers and employees.
(b) The grantee shall, at all times during the existence of any franchise granted hereunder, maintain in full force and affect, at its own cost and expense, a general comprehensive liability insurance policy protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under this chapter and any franchise granted hereunder, with minimum liability limits of:
Five hundred thousand dollars ($500,000.00) for personal injury or death of any one person, and;
One million dollars ($1,000,000.00) for personal injury or death of two or more persons in any one occurrence, and;
One hundred thousand dollars ($100,000.00) for damage to property resulting from any one occurrence.
The grantee shall, concurrently with the filing of an acceptance of award of franchise granted under this chapter, file with the City Clerk either a copy of such policy or a certificate of insurance evidencing the same in a form satisfactory to the Law Director. Such policy of insurance, and any certificate evidencing the same, shall name the City, its officers and employees as additional insured, and shall also provide that thirty (30) days prior written notice of intention not to renew, cancellation, or material change, be given to the City.
(1969 Code 58.06)
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