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§ 111.19 COMPLIANCE WITH FEDERAL RULES AND REGULATIONS.
   All rules and regulations, both present and future of any federal agency or body having jurisdiction over cable television shall be complied with.
(Ord. 95-04, passed 2-14-95)
§ 111.20 FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES.
   Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to this franchise shall be maintained by the grantee and, upon request, be submitted to the Town Council.
(Ord. 95-04, passed 2-14-95)
§ 111.21 POWERS RETAINED BY THE TOWN.
   This franchise is granted pursuant to Article 8, Section 15 of the Constitution of South Carolina and Act No. 283, of the South Carolina Statutes at Large, 1975, and is subject to all Franchises and permits heretofore granted by the Council to use the streets, alleys, lanes and public places of the town by public utility or public service corporations. It is not intended by the grant of this franchise to abridge the exercise of the police power heretofore or hereafter granted to the town by the General Assembly. The grant of this franchise is subject to all ordinances and resolutions of the Council of the town as the same now exist or may be hereafter amended, revised, or modified in the lawful exercise of the police power or in the lawful exercise of any other power granted to the town by the General Assembly.
(Ord. 95-04, passed 2-14-95)
§ 111.22 TOWN RIGHTS IN FRANCHISE.
   (A)   The right is hereby reserved to the town or the Town Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary; provided, that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.
   (B)   The town shall have the right to inspect the books, records, maps, plans, income tax returns and other like materials of the grantee upon reasonable notice and at any time during normal business hours.
   (C)   The town shall have the right to inspect and enforce compliance of all construction or installation work performed subject to the provisions of this franchise and make such inspections as it shall find necessary to insure compliance with the terms of this franchise and other pertinent provisions of law.
   (D)   At the expiration of the term for which this franchise is granted or any extension thereof, or upon its termination and cancellation, as provided for herein the town shall have the right to require the grantee to remove at its own expense all portions of the CATV system from all public ways within the town or sell the Cable Television System to a subsequent franchisee selected by the town. The purchase price shall be the then fair market value of the system.
   (E)   After the expiration of the term for which this franchise is granted, or after its termination and cancellation, as provided for herein, the town shall have the right to determine whether the grantee shall continue to operate and maintain the CATV system pending the decision of the town as to the future maintenance and operation of such system.
   (F)   Nothing contained in this franchise shall be construed to exempt the grantee from the payment of compensation or fees in the nature of rental charges for such use of the public places of the town, and all property, both real and personal, owned by the town.
(Ord. 95-04, passed 2-14-95)
§ 111.23 RIGHTS OF THE GRANTEE.
   (A)   The grantee shall have the right to construct, erect, operate and maintain in, on along, across, above over and under the streets, alleys, lanes and public places of the town, poles, wires, cables, underground conduits, manholes and-other conductors and fixtures necessary for the maintenance and operation in the town of a cable television system at such locations as are reasonably suitable and convenient for the purposes of the grantee and the town, subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the state General Assembly.
   (B)   The grantee shall have the right to maintain and operate, subject to the provisions, terms, conditions, and limitations prescribed in this franchise and subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the General Assembly, a Cable Television System as hereinbefore and hereinafter defined on the day this franchise becomes in force and effect.
   (C)   The grantee shall not erect or install, move, alter, or change the location of any pole, wire, cable, underground conduit, manholes, and any other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System in any street, alley, lane, or public place of the town unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designed by the Town Administrator or the Town Council and verbal permission is granted by such department or agency. Such permission shall be conditioned upon compliance with the terms, and conditions as will preserve, protect, and promote safety of the public places of the town and will prevent interference with or obstruction of the use of streets, alleys, lanes, and other public places by the town.
   (D)   When mutually determined to be necessary for the purpose of public safety, the grantee shall erect, install, and maintain on its poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for tee maintenance and operation in the public places of the town, such devices to appraise or warn persons using the streets, alleys, lanes, and public places of the existence of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of Cable Television System as shall be from time to time prescribed or approved by the department or agency of the town as shall be designated for the purpose by the Town Administrator or Town Council.
   (E)   The grantee shall have the right to remove, trim, cut, and keep clear of its poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a cable Television System, the trees in and along the streets, alleys, lanes, and other public places of the town, but in the exercise of such right, the grantee shall not cut or otherwise injure trees to any greater extent than is reasonably necessary for the erection, installation, maintenance, and use of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System. The grantee shall not trim, cut, or remove any tree from any street, alley, lane, or other public place unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designated by the Town Administrator or Town Council and verbal permission is granted by such department or agency, except in cases of emergency or when such requirement is waived by such department or agency.
   (F)   The grantee in exercise of any right granted to it by this franchise shall reconstruct, replace, restore, or repair any street, alley, lane, or public place, and any sewer, gas, or water main, or pipe, or electric fire alarm, police communication, or traffic control facility of the town, which may be damaged, distributed or destroyed by the exercise of any such right, in a manner, with such materials, and to the satisfaction of such departments or agency of the town shall be designated by the Town Administrator or Town Council. The town shall reserve the right to determine whether the grantee has properly complied with the provisions of the paragraph and in the event it is determined that the grantee has failed to do so, the town shall have the right to carry out such provisions, and the grantee shall reimburse the town in full for all expenses incurred by the town in carrying out all or part of such provision.
   (G)   The grantee agrees that the provisions, terms, conditions, and limitations prescribed in this franchise shall be applicable in all respects to the use of streets, alleys, lanes, and public places situated in any territory annexed to the town or which may otherwise become a part of the town through extension of its corporate boundaries, and to the acquisition, erection, maintenance, and use for the said purpose of the grantee, of poles, towers, wires, appliances, conduits, subways, manholes, cable fixtures, facilities, and appurtenances of the grantee in such streets, alleys, and public places and the grantee shall have the same rights and privileges with respect thereto as are granted by this franchise for the use of streets, alleys, lanes, and public places of the town, regardless of the provisions of any franchise or other authority, public or private granted by any county or other town or of or by any deed or other instrument, and regardless of any limitations upon the expiration thereof fixed in such franchise, authority, deed, or instrument; and the right and privilege to use such streets, alleys, lanes, and public places and to acquire, erect, maintain, and use such property in such streets, alleys, lanes, and public places shall expire or terminate with the expiration or termination of this franchise.
   (H)   This franchise authorizes only the use of town streets, alleys, lanes, and other public ways and public places as hereinbefore set out for the operation of a CATV system and does not take the place of any other franchise, license, or permit which might be required by law of the grantee.
(Ord. 95-04, passed 2-14-95)
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