Loading...
No person shall construct, install, maintain or operate a cable communication system within, along, over or under any street or other public property in the town, unless a license has first been granted pursuant to the provisions of this chapter.
(Prior Code, § 14-1-4) Penalty, see § 10.99
(A) Any person desiring to construct, install, maintain or operate a cable communication system within the area under the jurisdiction of the town shall make an application to be licensed to serve this area. This application shall consist of executed application forms as prescribed and furnished by the town. Failure of any applicant to fully provide all information requested on the application forms will be sufficient cause for not considering the application. This application shall be filed with the Town Clerk.
(B) Any application filed with the town prior to the adoption of this chapter shall, upon payment of the application fee as required in § 115.09 of this chapter, be considered a valid application.
(Prior Code, § 14-1-5)
In making any determination as to an application, the Council shall give due consideration to the quality of the service proposed, the experience, character, background and financial responsibility of the applicant, willingness and ability to abide by the license limitations and requirements, and any other considerations deemed pertinent by the Council for safeguarding the interest of the town and the public.
(Prior Code, § 14-1-6)
(A) Upon the granting of a license by the town, the licensee shall execute a license agreement within 60 days. The license agreement shall incorporate all terms and provisions of this chapter wherein a requirement is placed upon the licensee, either expressed or implied by this chapter. The licensee shall expressly and specifically agree to accept the terms of and be bound by the terms of this chapter and any amendments thereto. This agreement shall be binding upon the licensee, its successors, lessees or assignees.
(B) This license shall be non-exclusive and shall be for a period of 15 years commencing upon the execution of this license agreement between the town and the licensee.
(C) Upon written notice by the licensee, not more than one year prior to the fourteenth anniversary of the effective date, and after the holding of a public hearing affording due process, the license may be renewed for a reasonable term, but not for more than 15 years.
(Prior Code, § 14-1-7)
A licensee shall conform to the following minimum standards relative to the construction, operation and maintenance of a cable communications system in the town. It is not the intent of this section to prevent any licensee from providing more than the required minimum to meet the standards listed below.
(A) System capability. The cable communications systems shall be equipped to provide:
(1) Two-way capability; and
(2) Emergency override of all channels during a declared emergency or disaster.
(B) Construction method. All basic trunk lines, associated feeder lines and single drops shall be placed by aerial or underground methods similar to the electric and telephone utility lines in the same area. The licensee may, with consent of the owner, use the poles and other equipment of utilities serving the town. The cable communications system shall be installed and maintained in accordance with standard good engineering practices and shall conform when applicable with the National Electrical Safety Code and the Federal Communications rules and regulations as they apply. The licensee shall have all times up-to-date route maps showing trunk and distribution lines. The licensee shall make all such maps available for review by the appropriate town personnel.
(C) Service schedule. No licensee shall be required to provide service to any site in his or her license area where such service is available from another licensee. A licensee need not provide service to an area having less density than 35 dwelling units per system cable mile.
(D) Removal of licensee property. In the event that licensee property has been installed in a street or other dedicated public right-of-way without complying with the requirements of this chapter, or the license has been terminated, revoked or expired, of the use of any licensee property is discontinued for any reason for a continuous period of 12 months, the licensee shall, at it sole expense, on the demand of the town remove promptly from the street all licensee property other than that which the town may permit to be abandoned in place. Upon such removal of licensee property, the licensee shall promptly restore the street or other public places from which the licensee property was removed to a condition as near as possible to its prior condition. Licensee property no longer in service may be left in place with the approval of and in a manner prescribed by the town. Upon abandonment of said licensee’s property in place, the licensee shall deliver to the town an instrument transferring ownership of such abandoned licensee property to the town. Any cost arising from compliance with this provision shall be borne by the license.
(E) Local office. The cable communications systems shall maintain an office within ten miles, accessible during all business hours and have a listed telephone and operate so that complaints and requests for repairs and adjustments may be received. The licensee shall maintain a written record listing date of customer complaints, identifying the subscriber, describing the nature of the complaint and when and what action has been taken by the licensee in response thereto; such record shall be kept at licensee’s office and shall be available for inspection during regular business hours without further notice or demand of the town. The licensee shall notify each subscriber at the time of initial subscription to service of the procedure for reporting and resolving complaints.
(F) Service provisions. The licensee shall:
(1) Render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Repairs shall, at all times, be made within three business days. If new service is requested, said service shall be provided to the subscriber within three business days; and
(2) Be able to demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered to the subscriber’s terminal.
(G) Local channel. Each system shall carry as part of the basic service local channels broadcast in its area as required and defined in current FCC regulations. In this regard, those parts of 47 C.F.R. part 76 relating to carriage of local channel signals as existing, or as may be amended, shall apply and are incorporated herein by reference. In the event the FCC deletes the above referred requirement or ceases to exercise jurisdiction in this area, said requirement shall continue to apply to this chapter as they existed on the date immediately preceding such federal action.
(H) Interconnection. The system shall be designed and operated so as to facilitate interconnection to any or all other systems within the county, the Town of Parker and the town. The cost of such interconnection links shall be shared equally by the connecting systems. The licensee shall interconnect such channels and at such time as the town may direct.
(I) Privacy-monitoring. The licensee shall strictly observe and protect the rights of privacy and property rights of subscribers and users at all times. Individual subscriber preferences of any kinds, viewing habits, political, social or economic philosophies, beliefs, creeds, religions or names, addresses or telephone numbers shall not be revealed to any person, governments unit, police department or investigating agency unless upon the authority of a court of law or upon prior voluntary valid authorization of the subscriber. Such authorization shall not in any event be required as a condition of receiving service. Exclusive of signals useful only for the control or measurement of systems performance, licensees shall not permit the transmission of any signal, including “polling” or monitoring of channel selection from the subscribers premises without first obtaining written permission from the subscriber.
(J) Service to public buildings. The licensee shall make available, at a cost not to exceed direct cost (time and material), one service outlet to a conveniently accessible point in each public, private and parochial school, non-profit college or university, police station, fire station and town hall or other facility or building located within the license area and used for public purposes as may be designated by the town. There shall be a minimum monthly service charge at the above locations.
(K) Maintenance. The system shall be maintained in accordance with the highest accepted standards of the industry. Each system shall be maintained so as to comply with all applicable technical standards and regulations as promulgated by the FCC in this regard, 47 C.F.R. §§ 76.601 et seq. (subpart K) relating to technical standards (including, but not limited to, performance monitoring and measurements) as existing or as may be amended, shall apply in full and are incorporated herein by this reference. In the event the FCC deletes the above referenced technical standards or ceases to exercise jurisdiction in this area of technical standards, said standards shall continue to apply to this chapter as they existed on the date immediately preceding such federal action.
(Prior Code, § 14-1-8)
Loading...