Loading...
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)
Loading...