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(a) Grantee shall maintain and by its acceptance of a franchise specifically agrees that it will maintain throughout the term of the franchise a faithful performance, license and franchise bond running in favor of the City, written by an approved corporate surety in the penal sum of $100,000 conditioned that a grantee shall well and truly observe, fulfill and perform each term and condition of the bond, the amount thereof shall be recoverable from the principal and sureties thereof for all damages resulting from the failure of a grantee to well and faithfully observe and perform any provision of the franchise or this chapter.
(b) Grantee shall pay all premiums chargeable for the bond and shall keep the same in force and effect at all times throughout the term of the franchise including the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the CATV system.
(c) The bond shall be in a form satisfactory to the City and filed with the City together with written evidence of payment of the required premiums shall be filed with the City during the term of the franchise.
(1969 Code 58.08)
(a) The company shall maintain an office in the district for so long as it continues to operate the system or any portion thereof and hereby designates such office as the place where all notices, directions, orders, and requests may be served or delivered under the franchise agreement.
(b) The company shall keep complete and accurate books of account and records of its business and operations under and in connection with this franchise.
(c) The Director of Finance of the City of Mentor, or representative thereof, shall have access to all books of account and records of the company for the purpose of ascertaining the correctness of any and all reports and may examine its officers and employees under oath in respect thereto.
(d) Any false entry in the books of account or records of the company, or false statements in the reports to the Director of Finance of the City of Mentor as to a material fact, knowingly made by the company, shall constitute the breach of a material provision of the franchise agreement.
(e) All copyrights, franchises, contracts and/or legal agreements with program sources shall be filed with the City.
(f) All leased channel agreements shall be filed with the City.
(g) The grantee shall keep a record of installation of each subscriber terminal as per technical standards found in Section 76.605 of the F.C.C. Rules and Regulations and of all complaints from subscribers. The record shall identify the subscriber and his address, the location and date of his complaint, and a technician's report on the disposition of the complaint including the following items as applicable:
(1) Carrier levels at the service drop terminal.
(2) Carrier levels and carrier to noise ratio at the customer's receiving outlet, (Note: since interruption of service to other customers must be avoided, it is recognized these noise measurements may not be entirely accurate.)
(3) If the complaint is caused by defects in customer's TV set, including inadequate shielding or grounding, explain.
(4) If the complaint involves direct pick-up, describe tests to determine whether there is leakage into the cable system.
(5) Make and model and effectiveness of the antenna switch installed, if any.
(6) If the complaint involves visible crosshatch or herringbone interference, describe fully, including probable causes and corrective steps. (Note: such interference may also be present on signals received directly without cable.)
(7) Visual check for cross-modulation (without interrupting service to customers).
(8) Check for problems originating at the headset.
(9) Other relevant remarks, including corrective action taken.
Upon request of the City Manager, grantee shall, within ten (10) days after receiving such request, send a written report to Manager with respect to any complaint. Such report shall provide a full explanation of the investigation findings and corrective steps taken. When the complaint concerns technical performance, such report shall include the items listed above in 1 through 9, as applicable. (1969 Code 58.09)
(a) By its acceptance of a franchise, a grantee agrees that the City Council shall have the power, authority, and right to cause a grantee's rates and charges to conform to provisions hereof and for this purpose, the Council may deny increases or order reductions of such rates and charges when it determines that in the absence of such action on its part, a grantee's rates and charges or proposed rates and charges will not conform to the provisions contained herein.
(b) The rates and charges for television signals distributed hereinunder shall be fair, reasonable and non-discriminatory. A grantee shall be allowed to increase its rates if it can demonstrate to the Council's satisfaction that it cannot make a fair return on its investment without a rate increase.
(c) Unless and until otherwise changed by direction of Council, the rates for services and equipment hereinunder from and after July 15, 1985 shall be as follows:
LIMITED SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $100.00 | $3.00 |
Additional television outlets | $9.70 | $2.10 |
FM outlet installed with television outlet | $9.70 | $2.10 |
FM outlet installed alone | $14.00 | $2.10 |
Transfer charge | $9.70 | -- |
Relocation of outlet | $9.70 | -- |
Hotel/Motel per unit | N/A | N/A |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | |
Cold outlet | $ 21.00 | -- |
Optiona1 Digital Convertor | $ 9.70 | $2.75 |
Remote Wireless Convertor | -- | $3.95 |
MINI SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $ 14.00 | $6.75 |
Additional television outlets | $ 9.70 | $2.10 |
FM outlet installed with television outlet | $9.70 | $2.10 |
FM outlet installed alone | $14.00 | $2.10 |
Transfer charge | $9.70 | -- |
Relocation of outlet | $9.70 | -- |
Hotel/Motel per unit | Time and materials | $2.10 |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | -- |
Cold outlet | $ 21.00 | -- |
Optiona1 Digital Convertor | $ 9.70 | $2.75 |
BASIC SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $ 17.50 | $9.50 |
Additional television outlets | $ 14.00 | $3.45 |
FM outlet installed with television outlet | $ 14.00 | $2.10 |
FM outlet installed alone | $ 17.50 | $2.10 |
Transfer charge | $ 14.00 | -- |
Relocation of outlet | $ 14.00 | -- |
Hotel/Motel per unit | Time and materials | $3.45 |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | -- |
Cold Outlet | $ 21.00 | -- |
Optional Digital Convertor | $ 14.00 | $2.75 |
(d) No charge shall be made to the City for its use of City channels or for the construction and operation of the co-axial between the City studio and the CATV System headend, and under no circumstances shall the City be obligated to pay to a grantee any fee for services rendered to the City under the terms of the franchise.
(e) The City shall not grant the franchisee authority to increase rates and/or charges unless a public hearing is held with regard to said proposed increase in rates and/or charges, at which public hearing all interested parties shall be afforded due process.
(1969 Code 58.10)
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