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)
The grantee shall pay to the City, on or before March 31 of each year, a franchise fee based on gross subscriber revenues received for CATV operations in the City for the preceding calendar year. The franchise fee shall be in the amount of three percent (3%) from the effective date of this chapter through September 30, 1985; four percent (4%) from October 1, 1985 through August 31, 1986; and five percent (5%) thereafter.
(a) A grantee shall also file within ninety (90) days following the conclusion of each fiscal year of a grantee an annual report prepared and audited by an independent certified public accountant acceptable to the City showing the yearly total gross subscriber revenues and payments to the City and any further relevant financial information in regard to the company as may be required by the City.
(b) In the event the franchise should be terminated or forfeited prior to the end of the term, grantee shall immediately submit to the City a financial statement prepared as before required, showing the gross subscriber revenues of grantee for the time elapsed since the last period for which grantee has paid to the City the required percentage of gross annual subscriber revenues, and grantee shall pay to the City not later than thirty (30) days following the termination of the franchise, a like percentage of such revenues and any other sums legally due and owing to the City.
(c) In the event that any payment is not made on or before the applicable date fixed in subsections (a) and (b) hereof, interest on such payments shall apply from such date at the yearly rate of 8%. Provided, however, that if any payment is more than sixty (60) days overdue, the City shall have the option to revoke upon thirty (30) days notice in writing.
(d) The City shall have the right to inspect grantee's records showing the gross receipts from which its franchise payments are computed and shall have the right of audit and recomputation of any and all amounts paid under the franchise. No acceptance of any payment by the City shall be construed a release of or an accord or satisfaction of any claim the City might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of grantee hereunder.
(e) Payments of compensation made by grantee to the City pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by any law of the United States, the State of Ohio, or the City.
(1969 Code 58.07)
(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)
The grantee shall file with the City Engineer true and accurate maps or plats of all existing and proposed installations including a flow chart showing a construction timetable and projected completion dates for part and/or the entire system.
The grantee shall make available to the City Manager, at his request, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City.
The grantee shall file annually with the City Clerk, not later than sixty (60) days after the end of the grantee's fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income statement applicable to its operations during the preceding twelve (12) months period, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be prepared or approved by an independent certified public accountant and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the grantee's properties and expenses related to its CATV operations within the City. The grantee shall keep on file with the City Clerk a current list of its shareholders and bondholders.
(1969 Code 58.11)
(a) All transmission and distribution structures, lines and equipment erected by the company within the City shall be so located as to cause a minimum interference with the right or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.
(b) In case of any disturbance of pavement, sidewalk, driveway, or other surfaces, the company shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced.
(c) In the event at any time during the period of the franchise, the City shall lawfully elect to alter or change the grade of any street, alley or other public ways, the Company upon reasonable notice by the City, shall remove, reset, and relocate its poles, wires, cables, underground circuits, manholes and other fixtures at its own expense.
The company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, or as otherwise designated by the City Engineer, and in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. The company shall prior to the erection of any poles or structures in the streets of the City have approval, of both the location and type of structure to be erected, from the City. The company shall prior to the stringing of any wires across any roads, streets or avenues in the City (either overhead or underground), receive the approval from the City Engineer as to the location of any such installation.
(d) The company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.
(e) The company shall have the authority to trim trees overhanging upon the streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All such trimming shall be done under the supervision and direction of the City and at the expense of the company.
(f) In areas of the City having telephone lines and electric utility lines underground, whether required by ordinance or not, the CATV franchisee's lines, cables and wire shall also be underground. It shall be the policy of the City that existing poles for electric and communication purposes shall be utilized wherever possible, and that underground installation, even when not required, is preferable to the placing of additional poles.
(g) Each CATV franchisee's distribution system in the public streets shall comply with all applicable laws, regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances above ground required for telephone lines, cables, wires and conduits.
(h) Any opening or obstructions in, or disturbances of the streets, public ways, or other municipal properties, made by the franchisee in the exercise of its rights under the franchise agreement, shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by adequate warning lights, all by the franchisee at its expense.
(1969 Code 58.12)
(a) The company shall make arrangements so that its system shall be capable of transmitting at least thirty (30) channels for delivery to residential subscribers as soon as the system becomes operable.
(b) The company shall provide all residential subscribers to basic service with a converter for each outlet having a capacity of at least thirty (30) channels.
(c) The company shall extend the installation of cables, amplifiers and related equipment throughout the City as rapidly as is practicable. Within two (2) years from the effective date of the franchise, the company's trunk line, installation of cables, amplifiers and related equipment shall be capable of providing basic service to every City dwelling unit.
(d) The company will be required to interconnect its system with any other broadband communications facility operating in an adjacent territory. Such interconnection shall be made within sixty (60) days from the date of request. The City shall have the responsibility of coordinating such interconnections to insure technical compatibility between the systems to be interconnected. For good cause shown the company may request and the City may grant reasonable extensions of time to comply with the requirements.
(e) The company shall provide all facilities necessary to pick up the signals of City channels and transmit them throughout the system from a studio located within the City.
(f) The company shall undertake any reasonable construction and installation as may be necessary to keep pace with the latest developments in the state of the art, whether with respect to increasing channel capacity, furnishing improved converters, instituting two-way services, or otherwise. (1969 Code 58.13)
(a) The configuration of the CATV system shall as a minimum, consist of a head- end facility, centrally located studio within the City, mobile van, minimum of one (1) coaxial cable distribution system, capable of two-way communication from 5 to 300 MHz, with compensation amplifiers, a closed circuit T.V. system linking municipal offices, and such equipment as necessary to constitute subscribers' terminals.
(b) The head-end shall consist of such antennas, signal converters, amplifiers, interface equipment, recorders, processors, computers and switching equipment as required by the grantee to pick up, generate and reconstitute the various television, F.M. signals of the system, and CATV data processing and two-way interfacing equipment shall be located at a studio or head-end, at the discretion of grantee and with the approval, in writing, of the City Manager.
(c) The studio shall be a centrally located facility for use by the grantee and other designated parties for generation of local color live or recorded T.V. programs including facilities for viewing 8 and 16 millimeter films, and 35 millimeter slides.
(d) The grantee shall provide at least one (1) remote van for television cable casting of local events.
(e) The grantee shall provide at least one (1) videotape recorder for delayed cable casting.
(f) All local origination production equipment including such items as cameras, videotape recorders, and video and audio processing equipment shall meet or exceed all F.C.C. technical requirements as well as monochrome and color NTSC standards.
(g) All equipment utilization in local origination of programming shall perform, both aurally and visually, comparable to programs cable cast on Class 1 channels as specified by the F.C.C.
(h) The grantee shall provide a two-way coaxial distribution system with suitable level compensating amplifiers. The cable shall have a band pass of 5 to 300 MHz. The impedance of the coaxial cable shall be 75 OMS. The type of cable shall be suitable to meet the requirements regarding climatic conditions and above ground/subterranean installations. With the exception of subscriber drops, all cable shall be 1" diameter or have equivalent propagation capabilities.
(i) The basic subscriber terminal shall consist of a wall-mounted interconnecting connector cable to converter, a thirty (30) channel converter, interconnecting cable, a balum to translate the coaxial cable impedance to a balanced 300 OHM output pair (one for T.V., one for F.M.). The grantee shall provide a suitable T.V. signal converter for the subscriber. The cost of the converter shall be absorbed by the grantee.
(j) The CATV system shall be designed and installed as to comply with the standards set forth herein. The grantee shall file with the City a copy of the system's annual performance test as set forth by the F.C.C. All portions of the system shall be designed and rated for continuous twenty-four (24) hour daily operation over an ambient temperature range from minus (-) 40 degrees F. to plus (+) 140 degrees F. and variations in AC supply voltage from 105 to 130 volts. The grantee shall insure system operation during a power failure by having a standby power system that will automatically transfer to emergency power when the line voltage drops to 87% and transfers back to normal power when the line voltage is 95%. There shall be suitable time delays previous to transfer to emergency and normal. The system shall be capable of delivering to all subscribers standard color and monochrome television signals meeting Nation Television System Committee (NTSC) standards without the introduction of material degradation on color fidelity and intelligence. The system shall also provide subscribers with station signals of the highest quality, meeting applicable F.C.C. broadcast standards.
(1969 Code 58.14)
(a) The company shall commence operation as the system is constructed. Operations shall be considered commenced with the bona fide retransmission and amplification of television signals on a regular basis. Upon reasonable request for service by any person located within the City, the company shall within sixty (60) days, furnish requested service to such person. If the company requires a time extension to be granted by the City, the same must be made in writing to the City no later than thirty (30) days after the request is made, but the City shall be under no obligation to permit an extension.
(b) Initial minimum channel capacity of the system (30) shall be utilized as follows:
VHF & UHF Channels required by F.C.C
All Public Channels 4
1- Public Access
1- Governmental Access
1- Educational Access
1- Governmental CATV
Educational Purpose Channels 1
1- Educational Channel - WNEO T.V., Channel 45
Company Channels 2
1- Time & Weather
1 - Local origination
(c) For the presentation of programming on public channels, the company shall allocate time on a first-come, first-served basis, except that the company shall endeavor to allocate such channel time to as many different persons as is practical. In order that there be a maximum opportunity for freedom of expression by members of the public, such programming shall be free from any control by the company as to program content, except those regulations imposed by the F.C.C.
(d) The use of additional channels shall be based upon plans developed and mutually agreed upon, and modified from time to time as required, by the company and the City.
(e) The company shall provide basic service to one terminal in the City Hall and in all court houses, prisons, reformatories, detention centers, hospitals, police and fire stations, all public, private and parochial schools and publicly owned day care centers located in the City of Mentor, without any charge therefor.
(f) In the event of an emergency situation, as determined by the City Manager, the City may interrupt signals otherwise being distributed by the company for the delivery of signals necessitated by such emergency.
(g) In the operation of its system, the company shall not interfere in any way with the signals of any electrical system located in buildings which house any part of the system, and shall not deprive an inhabitant of any building, by contract or otherwise, of any existing right he may have to utilize an individual or master antenna for the purpose of receiving television signals. In addition the company shall not utilize any master antenna distribution system for distribution of its signal unless permitted by concurrence of the City.
(h) The company shall put, keep and maintain all parts of the system in good condition throughout the term of the franchise.
(i) The company shall respond to all service calls and correct malfunctions as promptly as possible, but in all events within twenty (20) hours after notice thereof. For that purpose the company shall maintain a competent resident staff of employees sufficient to provide adequate and prompt service to its subscribers. Any calls received before 2:00 p.m., shall be serviced the same day.
(j) Except where there exists an emergency situation necessitating a more expedited procedure, the company may interrupt service for the purpose of repair or upgrading of the system, during periods of minimum use, and only after forty-eight (48) hours minimum notice to subscribers.
(k) Studio time shall be available to the City in an emergency upon one (1) hour notice.
(l) All construction concerning the production facilities above and beyond approval of the normal construction channels shall be approved by the City.
(1969 Code 58.15)
The City, through its appropriately designated representatives, shall have the right to supervise all construction and installation work performed subject to the provisions of this chapter and make such inspections as it shall find necessary to insure compliance with the terms of this chapter and other pertinent provisions of law.
(1969 Code 58.16)
At the expiration of the term for which a franchise is granted, or upon termination and cancellation as provided herein, the City shall have the right to require the franchisee to remove at its own expense any and all portions of the CATV system from the public ways within the City. (1969 Code 58.17)
Copies of all petitions, applications and communications submitted by a franchisee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this chapter, shall also be submitted simultaneously to the City. (1969 Code 58.19)
The franchisee shall diligently apply for all necessary permits and authorizations required in the conduct of its business, and shall diligently pursue the acquisition thereof, including pole attachment contracts from Ohio Bell Telephone Company and the Illuminating Company, and necessary authorizations from the Federal Aviation Agency to construct such receiving antenna towers as may be required and any necessary authorizations or waivers from the Federal Communications Commission, and franchisee shall notify the City, in writing, immediately when any such permit, authorization, contract or waiver is obtained.
(1969 Code 58.20)
The system will be engineered to provide an Audio Alert System. This system shall allow authorized officials to automatically override the "audio" signal on all channels and transmit and report emergency information. In the event of any such use by the City, the City will hold harmless and indemnify the franchisee from any damages incurred by third parties or penalties incurred by the franchisee resulting from the use of this service.
(1969 Code 58.21)
The franchisee shall at all times conform to the National Electrical Code, Underwriters and Standards, and employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(1969 Code 58.22)
(a) Upon application of the franchisee, the City Council shall amend this chapter or the franchise whenever necessary to enable the franchisee to take advantage of any developments in the field of transmission of communication signals which will afford it an opportunity to more effectively, efficiently, or economically serve its customers; provided, however, that this section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policies as stated herein. If, in the future, the franchisee adds additional services to its communications system, then in that event, said service and the rate to be charged shall first be approved by the City Council.
(b) Should the F.C.C. amend or modify § 76.31 of its regulations, the City of Mentor shall incorporate such amendments or modifications into its franchise within one year of the F.C.C. amendments or modifications, or at such time the franchise is renewed whichever occurs first. (1969 Code 58.23)
The forms of service agreements and proposed operating rules and regulations shall be subject to Council approval and filed with the City Manager by the grantee. The rules and regulations shall include the grantee's policy on the following and similar items which may be proposed by the City or the grantee:
(a) Description of service.
(b) Application for service.
(c) Payment for service.
(d) Disputed bills.
(1969 Code 58.24)
The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the City. (1969 Code 58.26)
(a) The franchise shall not be assigned or transferred whether in whole or in part or leased, sub-let or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person either by the act of a grantee or by operation of law without the consent of the City Council. The granting, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents.
(b) Prior approval of the Council shall be required where ownership or control of more than 10% of the right of control of grantee is acquired by a person or group of persons acting in concert or corporation, none of whom already own or control 10% or more of such right of control, singularly or collectively at the date the franchise is granted. By its acceptance of the franchise, a grantee specifically agrees that any such acquisition occurring without prior approval of the Council shall constitute a violation of this chapter by grantee.
(c) Nothing in this section shall be deemed to prohibit a mortgage or pledge of the CATV system equipment or any part thereof or a leasing by a grantee from another person of said CATV system equipment or part thereof for financing purposes or otherwise. Any such mortgage, pledge, or lease shall be made only with the prior approval of the Council and shall be subject and subordinate to the rights of the City under this franchise agreement or applicable law.
(1969 Code 58.27)
A grantee shall not as to rates, charges, service facilities, rules and regulations or any other respect make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, provided, however, connection and service charges may be waived or modified during promotional campaigns of grantee.
(1969 Code 58.28)
All franchises granted pursuant to this chapter shall be subject to the following provisions and any franchise granted hereunder shall be subject to the right of the City to:
(a) Repeal the same for misuse, non-use, or the failure to comply with the provisions of this chapter or any other local, state or federal laws, or F.C.C. rules or regulations.
(b) Establish reasonable standards of service and quality of production and to prevent unjust discrimination in service or rates.
(c) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.
(d) Impose such other regulations as may be determined by the Council to be conducive to the safety, welfare and accommodations of the public.
(e) Install and maintain without charge, its own equipment upon the franchisee's poles, including, but not limited to equipment for a police alarm system, upon the condition that said equipment shall not interfere with the operations of the franchisee. (1969 Code 58.29)
(a) In addition to all of the rights and powers reserved or pertaining to the City, the City reserves as an additional and as a separate and distinct power, the right to terminate the franchise and all rights and privileges of a grantee hereunder in any of the following events or for any of the following reasons:
(1) A grantee shall by act or omission violate any term or condition of this chapter and shall within thirty (30) days following written demand by the City to effect such compliance fail to do so.
(2) Any provision of this chapter that shall be finally adjudged by a court of law invalid or unenforceable and Council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted.
(3) Grantee becomes insolvent, unable, or unwilling to pay its debts or is adjudged a bankrupt or if all or part of grantee's facilities should be sold under an instrument to secure a debt and are not redeemable by grantee within thirty (30) days from said sale.
(4) A grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the City or subscribers or potential subscribers.
(b) No revocations shall be effected unless or until the City Council shall have adopted an ordinance setting forth the causes and reasons for the revocation and the effective date thereof. Such ordinance shall not be adopted without thirty (30) days notice prior thereof to a grantee and an opportunity for a grantee to be heard upon the proposed action of said proposed ordinance. In the event the revocation and said ordinance depends upon a finding of fact, such finding of fact as made by the City Council after the hearing provided for shall be conclusive.
(1969 Code 58.30)
A grantee shall not be excused from complying with any of the terms and conditions of this chapter by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(1969 Code 58.33)
Whenever the franchise shall set forth any time for any act to be performed by or on behalf of a grantee, such time shall be deemed of the essence and any failure of a grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise.
(1969 Code 58.34)
Without limitation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities:
(a) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the said City.
(b) To determine through the Council any question of fact relating to the meaning, terms, obligations or other factors of the franchise or this chapter.
(1969 Code 58.35)
(a) Except as expressly provided in the franchise agreement, a grantee shall have no recourse whatsoever against the City for any loss, cost, or expenses or damages arising out of the provisions or requirements of the franchise or this chapter because of the enforcement thereof by the City, nor for the failure of the City to have the authority to grant all or any part of the franchise.
(b) A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant a franchise.
(c) A grantee by acceptance of a franchise acknowledges that it has not been induced into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein.
(d) A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions thereof and the terms and conditions of this chapter and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the City. Grantee further acknowledges that a franchise is not exclusive.
(1969 Code 58.37)
Upon the annexation of any territory to the City of Mentor, a franchise granted pursuant to this chapter shall extend to the territory so annexed; and all facilities owned, maintained or operated by grantee, located within, under, or over streets of the territory so annexed shall thereafter be subject to all terms hereof.
(1969 Code 58.38)
A grantee shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of sex, race, creed, color or national origin. A grantee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their sex, race, creed, color or national origin. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection or training. (1969 Code 58.39)
(a) No person shall intercept or receive signals from a cable system unless specifically authorized to do so by the franchisee.
(b) No person shall tamper with, remove or injure any cable, wires or equipment used in conjunction with a cable system unless specifically authorized to do so by the franchisee.
(c) No person shall intentionally deprive the franchisee of a lawful charge for cable service.
(d) No person shall resell the franchisee's cable services without the franchisee's express written consent.
(e) Any person who violates subsections (a), (b), (c), or (d) of this section shall be guilty of a third degree misdemeanor and shall be fined not more than $500.00 and/or imprisoned for not more than sixty (60) days.
(1969 Code 58.40)
There is hereby established a Mentor Cable TV Commission which shall consist of seven (7) electors of the City of Mentor who shall serve without compensation and who shall be appointed by the President of Council, subject to confirmation by Council. Each member shall serve for a term of one (1) year.
The Mentor Cable TV Commission shall advise the Council of the City of Mentor in all matters relating to the construction, operation, maintenance and regulation of a Community Antennae Television System within the City of Mentor and in matters relating to the operation of franchises within the City.
The Commission may, from time to time, propose legislative changes to City Council in relation to the construction, operation, maintenance and regulation of a Community Antennae Television System within the City. The Commission shall also have whatever powers and duties as are hereinafter provided it by the Mentor City Council.
The Commission shall adopt its own rules and regulations including the manner of selection of a chairman and shall adopt its methods of procedure, except as may otherwise be provided by Council. (1969 Code 58.41)