Loading...
Each licensee, within thirty days after written notice of the granting of a license, shall provide the county with and maintain in full force throughout the term of the license agreement, insurance issued by a company duly authorized to do business in the state of Arizona, insuring with respect to the installation, construction, operation and maintenance of the cable system as follows:
A. Liability, comprehensive general and automobile liability coverage including, but not limited to, blanket contractual liability, completed operations liability, broad form property damage, including, but not limited to, coverage for explosion, collapse and underground hazard, and automobile nonownership liability. This insurance shall be written in the following minimum amounts:
1. For bodily injury, including death, five hundred thousand dollars combined single limit,
2. Property damage, five hundred thousand dollars combined single limit,
3. Comprehensive automobile liability, bodily injury, five hundred thousand dollars combined single limit,
4. Excess umbrella liability in the minimum amount of five million dollars;
B. Workers' compensation coverage as required by the law and regulations of the state;
C. All insurance policies required in this section shall include Pima County as a named insured party;
D. The licensee shall be solely responsible for all premiums due and payable for insurance required in this section;
E. All insurance policies required in this section shall be in a form approved by the county risk manager and shall include a sixty-day notice of cancellation endorsement.
(Ord 1997-17 § 2, 1997; Prior code § 19.08.050(B))
A. The county administrator shall administer cable communications operations within the county as governed by this chapter and applicable license agreements. The county administrator or designee may take all administrative action on behalf of the county except for those actions specified herein which are reserved for the board of supervisors. The board of supervisors has the sole authority to: grant licenses, modify license agreements, renew licenses, revoke licenses, and authorize the transfer of licenses.
B. The county reserves the right during the term of the license agreement and during normal business hours and upon the giving of reasonable notice to examine, audit, review and obtain copies of the licensee's contracts, engineering plans, accounting, financial data, and service records relating to the property and operations of the licensee and to all other records required to be kept pursuant to this chapter.
C. The county expressly reserves the right to regulate a licensee's rates and charges to the extent permitted by law at any time it deems it to be desirable or in the public interest. If the county decides to exercise any such authority it may have, it shall develop regulations which shall govern the procedure pursuant to which a licensee may seek authority for rate increases.
(Ord 1997-17 § 3, 1997; Prior code § 19.12.010(A))
A. A licensee shall not deny service, access, or otherwise discriminate against subscribers, users, or residents of the county. A licensee shall comply at all times with all applicable federal, state and county laws, rules and regulations, executive and administrative orders relating to nondiscrimination and equal employment opportunity requirements. A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, state statutes and local regulations, and as the same may be amended from time to time.
B. A licensee shall at all times comply with the subscriber privacy provisions of Section 631 of the Cable Act, 47 U.S.C. Subsection 551.
C. No equipment shall be installed by the licensee for subscriber service without first securing a service request from the owner or resident of any private property involved.
D. A licensee shall not originate or knowingly permit subliminal transmission at any time for any purpose whatsoever.
E. A licensee shall establish and conform to the following policy regarding refunds to subscribers and users:
1. If the licensee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the licensee shall provide such service or equipment within thirty days of the collection of the deposit or charge or it shall refund such deposit or charge within five days thereafter upon request of the subscriber or user. The subscriber shall be advised of this right of refund at the time the order is placed.
2. If any subscriber or user terminates any monthly service during the first twelve months of said service because of the failure of the licensee to render satisfactory service in terms of signal quality in accordance with the standards set forth in the license agreement, the licensee shall refund, on a pro-rata basis, to such subscriber or user an amount equal to the installation or reconnection charges paid by the subscriber or user for the period of unsatisfactory service.
3. In the event that a subscriber or user makes an annual or other payment in advance, the appropriate pro-rata portion of said payment shall be refunded by the licensee.
F. The following requirements shall apply to disconnection:
1. There shall be no charge for disconnection of any installation or outlet unless such charge was disclosed at the time the subscriber ordered service. All cable communications equipment shall be removed within a reasonable time from a subscriber's property at the subscriber's request, such time not to exceed thirty days from the date of the request.
2. If any subscriber fails to pay a properly due monthly subscriber's fee or other charge, the licensee may disconnect the subscriber's service outlet; provided, however, that such disconnection shall not be effected until thirty days after the due date of the charges and shall include a prior written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge, the licensee shall promptly reinstate the service.
(Ord 1997-17 § 3, 1997; Prior code § 19.12.020(A))
Loading...