112.01 Definitions | 112.17 Franchise Fee |
112.02 Grant | 112.18 Rates and Charges |
112.03 Term | 112.19 Renewal of Franchise |
112.04 Equal Protection | 112.20 Conditions of Sale |
112.05 Conditions of Street Occupancy | 112.21 Transfer of Franchise |
112.06 Restoration of Public Ways | 112.22 Testing for Compliance |
112.07 Relocation at Request of City | 112.23 Books and Records |
112.08 Relocation at Request of Third Party | 112.24 Insurance Requirements |
112.09 Trimming of Trees and Shrubbery | 112.25 Indemnification |
112.10 Use of Grantee’s Equipment by City | 112.26 Corporate Surety Bond |
112.11 Safety Requirements | 112.27 Enforcement and Termination |
112.12 Aerial and Underground Construction | 112.28 Documents Incorporated |
112.13 Required Extensions of Service | 112.29 Preemption |
112.14 Subscriber Charges for Extensions of Service | 112.30 Actions by City |
112.15 Service to Public Buildings | 112.31 Notice |
112.16 Performance Evaluation Hearings; Periodic Reviews | 112.32 Customer Service Standards |
The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
1. “Affiliate” means an entity which owns or controls, is owned or controlled by or is under common ownership with the Grantee.
2. “Basic cable service” means the tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.
3. “Basic revenues” means the monthly cable service revenues received by the Grantee from subscribers of the basic cable service on an annual basis; provided, however, such phrase does not include: (i) revenues received from national advertising carried on the cable system; (ii) any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency and which are collected by the Grantee on behalf of such governmental unit or agency.
4. “Cable Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992.
5. “Cable service” means (i) the one-way transmission to subscribers of video programming or other programming service and (ii) subscriber interaction, if any, which is required for the selection of such video programming or any other lawful communications service.
6. “Cable system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.
7. “FCC” means Federal Communications Commission or successor governmental entity thereto.
8. “Franchise” means the initial authorization or renewal thereof issued by the City, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.
9. “Grantee” means Mediacom or the lawful successor, transferee or assignee thereof.
10. “Person” means an individual, partnership, association, joint stock company, trust corporation or governmental entity.
11. “Public way” means the surface of, and the space above and below any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the service area which shall entitle the City and the Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system. “Public way” also means any easement now or hereafter held by the City within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and includes other easements or rights-of-way as shall within their proper use and meaning entitle the City and the Grantee to the use thereof for the purpose of installing of transmitting Grantee’s cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
12. “Service area” means the present municipal boundaries of the City and includes any additions thereto by annexation or other legal means.
13. “Service tier” means a category of cable service or other services provided by Grantee and for which a separate charge is made by the Grantee.
14. “Subscriber” means a person or user of the cable system who lawfully receives cable services or other service therefrom with the Grantee’s express permission.
15. “Video programming” means programming provided by or generally considered comparable to programming provided by a television broadcast station.
The City hereby grants to the Grantee a nonexclusive franchise which authorizes the Grantee to construct and operate a cable system and offer cable service and other services in, along, among, upon, across, above, over, under or in any manner connected with public ways within the service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on, over, under, upon, across or along any public way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments and other related property or equipment as may be necessary or appurtenant to the cable system.
The franchise granted pursuant to the ordinance codified in this chapter shall be for an initial term of ten (10) years from the effective date of the franchise, unless otherwise lawfully terminated in accordance with the terms of this chapter. The effective date of the ordinance codified herein shall be the sixtieth day after its passage and final adoption.† 9
Notes
| 9 | † EDITOR’S NOTE: Ordinance No. 339, granting the franchise referred to herein, was passed and adopted on January 17, 1995. |
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