(a) Franchise Required. No Person shall operate a Cable System for the purpose of providing Cable Service to residents in the Village without a Franchise granted by the Village.
(b) Grant of Franchise. Any Franchise granted by the Village shall be a non- exclusive franchise for the occupation and use of the Village’s Streets for the operation, maintenance, construction, repair, upgrade, and removal of the Cable System. A Franchise shall be granted as an exercise of the Village’s governmental powers, pursuant to the specific authority conferred upon it by federal and Ohio law. The Franchise Agreement shall specifically grant the Operator the limited right to provide Cable Service, including cable modem service, via a Cable System within the Village.
(c) Authority for Use of Streets.
(1) For the purpose of operating, maintaining, and constructing a Cable System in the Village, an Operator that has been granted a Franchise may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the Streets within the Franchise Area such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System, provided that all applicable permits are applied for and granted, all fees paid and all other Village codes and ordinances are otherwise complied with.
(2) Prior to any material (non-emergency) construction, reconstruction or any modification or change of the Cable System -- which includes any work which:
A. Could result in an interruption of Cable Service lasting more than three (3) hours,
B. Could result in a hindrance to traffic on the Streets which is reasonably foreseeable,
C. Could interfere with the delivery of any utility service in the Village, or
D. Could create a public nuisance or safety hazard,
the Operator shall, in each case, deliver written notice to the Mayor as much in advance as possible and shall supply the Village with plans or other information regarding the operation as may be reasonably requested.
(3) The Operator shall operate and maintain the Cable System so as not to interfere with other uses of Streets. The Operator shall make use of existing poles and other facilities available to the Operator. The Operator shall notify all affected Persons (whether by posting signs, direct mail, advertisement in newspaper of general circulation, or other means reasonably calculated to provide general public notice) of proposed construction work at least seventy-two (72) hours prior to commencement of that work. Further, the Operator shall fully participate and cooperate in any “one-call” or similar system such as OUPS (“Ohio Utilities Protection Service”) for the exchange of information on the utility location or work to be conducted. The Operator shall individually notify in writing all Persons affected by proposed underground work not less than seventy-two (72) hours prior to commencement of that work. Such notice shall include the Operator’s telephone number and the name of the department to contact who is able to answer questions and provide information about the work.
(4) Notwithstanding the above grant to use the Streets, no Street shall be used by the Operator if the Village, in its sole opinion, determines that such use is inconsistent with the terms, conditions of provisions by which such Street was created or dedicated, or presently used.
(d) Franchise Term. Unless otherwise provided in a Franchise Agreement as determined by Village Council for good cause, the Village shall grant all renewal and additional Franchises for an initial term of five (5) years. The Franchise shall be automatically renewed for an additional term of five (5) years if the Operator complies with all of the terms of the Franchise during the initial term.
(e) Area Covered. The Franchise Area shall be granted for the territorial boundary of the Village unless otherwise provided in the Franchise Agreement.
(f) Police Powers. An Operator’s rights are subject to the police powers of the Village to adopt and enforce ordinances necessary to the health, safety and welfare of the public. The Operator shall comply with all applicable general laws and ordinances duly enacted by the Village pursuant to that power not in conflict with this Chapter or the Operator’s Franchise Agreement.
(Ord. 2001-109. Passed 11-13-01.)