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The franchise, right and privilege is hereby granted to establish, maintain and operate in the town a cable television system upon the condition that within 60 days after the date of the passage of this chapter, the grantee shall file with the Town Clerk its unconditional acceptance of this franchise and promise to comply with and abide by its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths; provided, however, that should the grantee fail to comply with the latter prescribed filing of acceptance, the grantee shall acquire no right, privileges or authority under this franchise whatever.
(Ord. 95-04, passed 2-14-95)
(A) No poles or other wire-holding structures shall be erected on any town property by the grantee without prior approval of the Town Council with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the Town Council determines that the public convenience would be enhanced thereby.
(B) where poles or other wire-holding structures already existing for use in serving the town are available for use by the grantee, but it does not make arrangements for such use, the Town Council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
(C) Where the town or a public utility serving the town desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the Town Council may require the grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if the Council determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations.
(Ord. 95-04, passed 2-14-95)
(A) The rates and charges for cable television service distributed hereinunder shall be fair, reasonable and nondiscriminatory.
(B) Unless and until otherwise changed by the direction of the Town Council, the rates for services hereinunder shall be as follows:
(1) For installation, a sum not to exceed $15 for Basic Service and an additional sum not to exceed $15 for Premium Service.
(2) For moving and reconnecting each outlet, a sum not to exceed $10.
(3) For Basic Service to residential subscribers, a sum not to exceed $7.50 per month for the first outlet and a sum not to exceed $2 for each additional outlet.
(4) For Premium Service to residential subscribers, a sum not to exceed $9 per month. Premium Service is available only at one outlet per residence.
(5) In the event advance payment for 12 months’ service is made, service for the 13th month will be provided at no charge to subscribers.
(6) There will be no charge for service or for disconnection in the month in which service is disconnected after receipt of written notice of dissatisfaction with CATV service.
(7) Rates for all other services to be provided over the CATV system shall be submitted to and approved by Town Council prior to being placed into effect.
(8) Installation charges and monthly fees for commercial and industrial establishments, apartments, and other multi- residential units shall be in accordance with the rate schedule filed by grantee with the Town Council; the rates must be approved by Council. These installation charges and fees shall be based on the cable operator connecting directly to the subscriber set.
(C) Except as hereinafter provided, the charges for company service shall not be increased for a period of at least three years from the effective date of this chapter; provided, however, the company may increase its charges after Town Council approval and after public hearing, to reflect any increase in the Consumer Price Index, as published monthly by the Bureau of Labor Statistics, 1371 N. Peachtree Street, N.E., Atlanta, Georgia 30309, between such anniversary date and the Index on the date of adoption of this chapter. After the initial three year period, any proposed increase by company which exceeds the percentage change in the Consumer Price Index must be submitted to Town Council for approval by the Town Council following such notice and public hearing as the Council may require, prior to being put into effect.
(D) Proposed rate increase request shall be forwarded to the town for review and approval along with the necessary back-up data and justification. Upon advertising both in local newspapers, and on the CATV system, formal public hearings will be held 30 days after first notice of the town. Judgements by the town shall be final with a minimum of nine months before new hearings can be instituted.
(Ord. 95-04, passed 2-14-95)
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