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Pendleton, SC Code of Ordinances
PENDLETON, SOUTH CAROLINA CODE OF ORDINANCES
ADOPTING ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 111.01 SHORT TITLE.
   This chapter shall be known and may be cited as the “Town of Pendleton’s Cable Television Ordinance.”
(Ord. 95-04, passed 2-14-95)
§ 111.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and include the plural number.
   CATV. Mean Cable Television System.
   CABLE TELEVISION SYSTEM. Any facility which in whole or in part receives directly or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcasted by one on more television, AM and FM radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such services or distributes by cable or wire, news, weather and other programming.
   COUNCIL. The Town Council of Pendleton.
   FRANCHISE. Means and includes any authorization granted hereunder in terms of a franchise, right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, lanes, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto in the town, poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary to maintain and operate a CATV system in the town.
   GRANTEE. Fort Hill Cable TV, Inc., or any- one who succeeds Fort Hill Cable TV., Inc. in accordance with the provisions of this franchise.
   GROSS RECEIPTS. The grantee’s gross sub- scriber revenue from Cable Television operations in the town and shall include all revenue derived from those carrying of broadcast signals and nonbroadcast services including installation, reconnection and relocation charges. Revenues derived from auxiliary services, such as advertising revenues, leased channel revenues, converter charges and pay cable revenues are specifically excluded from gross revenues.
   PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
   SHALL. Always mandatory and not merely directory.
   TOWN. The Town of Pendleton.
   TWO-WAY CAPACITY. Means that such system shall maintain a plant having technical capacity for audio and video return communications.
(Ord. 95-04, passed 2-14-95)
§ 111.03 GRANT OF NONEXCLUSIVE AUTHORITY.
   (A)   There is hereby granted by the town to the grantee the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the town, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the town of a CATV system for the interception, sale and distribution of television, radio and nonbroadcast signals.
   (B)   The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the town reserves the right to grant a similar use of the street, alleys, public ways, and places, to any person at any time during the period of this franchise.
(Ord. 95-04, passed 2-14-95)
§ 111.04 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES.
   The grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the town and to such reasonable regulations as the town shall hereafter provide.
(Ord. 95-04, passed 2-14-95)
§ 111.05 FRANCHISE TERRITORY AND EXTENSION OF SERVICE.
   (A)   The franchise is operative within the present limits of the town and any new areas annexed during the franchise term. When annexed, all facilities owned by grantee shall be subject to the terms of the franchise.
   (B)   The grantee, whenever it shall receive a request for service from 17 subscribers per 2690 feet of its cable television system, shall extend such service at no cost other than its usual subscriber connection fees.
   (C)   Upon receipt of a complaint from a group of potential subscribers less in number and/or greater in distance from the cable television system than division (B) above, the town may direct provision of service by the grantee upon appropriate sharing of the costs (by subscribers) of extending.
   (D)   The grantee shall construct the system so as to provide service to all parts of the town having a density of at least 45 potential subscribers per mile of cable length.
(Ord. 95-04, passed 2-14-95)
§ 111.06 LIABILITY AND INDEMNIFICATION.
   (A)   The grantee shall pay, and by its acceptance of this franchise the grantee specifically agrees that it will pay all damages and penalties which the town may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
   (B)   The grantee shall pay, and by its acceptance of this franchise specifically agrees that it will pay, all expenses incurred by the town in defending itself with regard to all damages and penalties mentioned in division (A) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the town attorney, his assistants, or any employees of the town.
   (C)   The grantee shall maintain, and by it acceptance of this franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the town and the grantee with regard to all damages mentioned in division (A) above in the minimum amounts of:
      (1)   $300,000 for bodily injury or death resulting from any one accident.
      (2)   $500,000 for property damage resulting from any one accident.
      (3)   $1,000,000 for all types of liability.
   (D) The insurance policy obtained by the grantee in compliance with this section must be filed with the Town Council; and such insurance policy, bond, along with written evidence of payment of required premiums, shall be filed and maintained with the Town Clerk during the term of this franchise.
(Ord. 95-04, passed 2-14-95)
§ 111.07 SERVICE QUALITY REQUIREMENTS.
   The grantee shall:
   (A)   Produce a picture, whether in black and white or in color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production television sets in good repair, and as good as the state of the art allows;
   (B)   Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems;
   (C)   Limit failures to minimum by locating and correcting malfunctions promptly, but in no event longer than 24 hours after notice;
   (D)   Notify subscribers affected 24 hours prior to any planned interruption of service;
   (E)   Demonstrate upon request by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered;
   (F)   Maintain a written record listing full details of all customer complaints and resolution of the com- plaints, disconnections and new subscribers. Such records shall be available for inspection by the town.
(Ord. 95-04, passed 2-14-95)
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