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Mentor Overview
Codified Ordinances of Mentor, OH
CODIFIED ORDINANCES
CERTIFICATION
ADOPTING ORDINANCE NO. 07-O-49
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF MENTOR, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Streets and Sidewalk Areas
TITLE THREE - Utilities
TITLE FIVE - Other Public Services
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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961.14 OPERATION.
   (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)
961.15 SUPERVISION BY THE CITY.
   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)
961.16 REMOVAL OF EQUIPMENT FROM PUBLIC WAYS.
   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)
961.17 CERTIFICATE OF PUBLIC CONVENIENCE.
   No person or organization shall hereafter begin construction, extension or operation of a CATV system or acquire ownership or control thereof without first complying with the franchise rules and regulations.
(1969 Code 58.18)
961.18 FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES.
   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)
 
961.19 APPLICATION FOR PERMITS.
   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)
961.20 EMERGENCY ALERT.
   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)
961.21 SAFETY REQUIREMENTS.
   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)
961.22 NEW DEVELOPMENTS.
   (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)
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