791.01 Definitions.
791.02 Transmission and distribution of signals.
791.03 Conditions of system construction, maintenance and operation.
791.04 Prohibitions.
791.05 Indemnification, insurance and bonds.
791.06 Scope of operations.
791.07 Rates for service to subscribers.
791.08 Special requirements.
791.09 Special provisions.
791.10 Permits to operate community antenna systems in City.
791.11 Condition of service.
791.12 Permit fees; payment.
791.13 Basis of service.
791.14 Delays.
791.15 Scope of chapter.
791.16 Statement of intent.
791.99 Penalty.
CROSS REFERENCES
Unauthorized connection - see Ohio R. C. 4933.42
Franchises - see PRELIM. Table A
(a) "Community antenna system" means any facility which originates or transmits or distributes electronic signals to subscribers for a fee or fees, including video and/or audio signals from operating television stations and AM and FM radio stations, but not limited to such signals. Specifically included as permissible are services and/or programming originated by the system.
(b) Community antenna system, shall not be applied to the following facilities:
(1) A facility servicing fewer than fifty subscribers.
(2) A facility serving one or more rental complexes, including multi-family and/or single family dwellings, under the same ownership, control or management, and including commercial establishments located on the premises of such a rental complex or complexes.
(3) A facility serving individual hotels or motels, or more than one hotel and/or motel under the same ownership, control or management.
(4) A facility owned and operated by a nonprofit organization, with service limited to the premises of such nonprofit organization.
(c) "Operator" means any person, persons, partnership, firm, company, corporation or association operating a community antenna system and holding a permit granted by an ordinance of Council to operate same within the corporate limits of the City.
(d) "Transmission and distribution", "carriage and/or utilization" and "origination", refer to methods, techniques and procedures in the operation of a community antenna system as authorized by the Federal Communications Commission, either by virtue of enabling rules and regulations or in the absence of prohibiting rules and regulations.
(e) "City" means the City of Reynoldsburg, Ohio.
(Ord. 77-75. Passed 6-9-75.)
(f) "Gross basic service and installation subscriber revenues" means any and all compensation and other consideration derived directly by the Company from subscribers for regularly furnished basic CATV service and installation. Gross basic service and installation subscriber revenue shall not include revenues derived from per program or per channel charges, leased channel revenues, advertising revenues or any taxes on services furnished by the Company imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the Company for such governmental unit.
(Ord. 142-90. Passed 12-10-90.)
The transmission and distribution of electronic signals may be made at the option of the operator as follows; and in addition to being as authorized by the Federal Communications Commission will, if applicable, be in accordance with rules, regulations and tariffs of the Ohio Public Utilities Commission.
(a) Through coaxial cable and other electrical conductors installed in underground conduit owned and maintained by the operator, or attached to poles and/ or underground conduit owned by the Ohio Bell Telephone Company; and/or attached to poles owned by the Columbus & Southern Ohio Electric Company; and/or attached to poles owned by any other public or quasi-public utility.
(1) Notwithstanding the authorization for the use by the operator of utility poles, the operator shall discontinue the use of such poles at such time as they are no longer being used by such utility company, it being the intent hereof that if such utility companies substitute underground transmission and distribution lines the operator shall provide underground conduits and make other arrangements for such portions of its lines, in order that the poles and attached conductors may be removed.
(2) The operator shall grant to the City, free of expense, joint use of all his underground conduit, assuming adequate capacity for conduit, for any other proper municipal purposes, insofar as it may be done without interfering with the free use and enjoyment of the operator's own coaxial cable, wire and fixtures.
A. If the City does make any use of conduit owned and maintained by the operator, the City shall hold the operator harmless from any and all actions, causes of action, or damages caused by the City's wires or appurtenances in the conduit of the operator.
B. Any construction and utilization by the City, as regards conduit of the operator, shall conform to the same requirements set forth for the operator in the general areas of safety, quality maintenance and RF (radio frequency) interference.
(3) The right of construction, including easements, is not implied, except in locations where the City has the authority to grant such rights and easements. All other rights of construction, including easements, shall be the responsibility of the operator.
(4) No construction of underground conduit shall begin without prior written approval of the Director of Public Service.
(b) Through the common carrier facilities, including coaxial cable and/or other electrical conductors and/or radio wave transmission, owned by the Ohio Bell Telephone Company or any other public or quasi-public utility.
(c) Through the common carrier facilities of the Ohio Bell Telephone Company or any other public or quasi-public utility for main and lateral cable service, with the operator installing and maintaining his own service, through coaxial cable and/or other electrical conductors, between terminating units of the Ohio Bell Telephone Company or any other public or quasi-public utility and the dwellings and business establishments of subscribers.
(d) Through the air by means of radio wave transmission facilities of the operator, whether totally or in part in combination with subsections (a), (b) and (c) hereof.
(e) Through the air by means of radio waves transmitted by some other common carrier source, including satellite, either totally or in part in combination with (a), (b) (c) and (d) hereof.
(f) Through any combination of the alternatives for transmission and distribution of electric signals as set forth in subsections (a), (b), (c), (d) and (e) hereof.
(Ord. 77-75. Passed 6-9-75.)
The operator shall comply with the following conditions, and the Service Director shall be charged specifically with the duty of enforcing the provisions of this section.
(a) Construction and maintenance of the transmission and distribution system shall bed in accordance with the National Electrical Safety Code (also referred to as the Code of the Board of Underwriters), and such applicable ordinances and regulations of the State and the City as may be presently in effect or may become effective in the future.
(b) The operator shall, at his cost and expense, install and maintain during the life of the permit granted by ordinance, and/or cause to be installed and maintained by the Ohio Bell Telephone Company or any other public or quasi-public utility, adequate shielding, filtering and grounding as to prevent interference with television and radio reception of nonsubscribers to the operator's service or services.
(c) All Federal Communication Commission rules and regulations governing RF (radio frequency) interference presently in effect, and as may become effective in the future, will be observed.
(d) Additional emphasis is supplied to subsection (c) hereof as follows: Any interference with the City's radio communication activities, as determined by the Director, shall be eliminated immediately by the operator.
(e) All installations of equipment shall be of a permanent nature and durable, installed in accordance with accepted good engineering practices; sufficient to comply with all existing State and City rules, regulations and ordinances, so as not to interfere in any manner with the right of the public or individual property owners; and shall not interfere with the travel and use of public places; and during construction, repair and removal thereof, shall not obstruct or impede traffic or unnecessarily or unreasonably interfere with the use or enjoyment of public or private property adjacent there to. The operator shall obtain advance written approval by the Director of any installation of equipment in or on property owned by the City and on which the City holds easement rights, and shall, upon completion of such installation, furnish the Director with accurate maps and other supporting data showing the location of such installation. In the event that any such installation should therefore interfere with a proposed public use of such property and easement, the operator shall, upon written request by the Director, relocate such installation, at the operators expense.
(f) In operating his system, the operator shall meet the following minimum requirements:
(1) The system will produce a picture, whether in black and white or in color, that is undistorted, free from ghost images and accompanied by proper sound on typical, standard production television sets in good repair, and equal in all aspects to what the state of the art permits;
(2) The system will transmit signals of adequate strength to produce good sound and/or good pictures with good sound at all subscriber outlets without causing cross modulation in the cable or interfering with other electrical or electronic systems;
(3) The operator will be able to demonstrate by instruments or otherwise to subscribers, upon request, that a signal of adequate strength and quality as described in subsection (f)(1) and (2) hereof, is being delivered by the system.
(4) The operator will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible.
(5) The operator will strive, insofar as is practical, for the betterment of his system, taking advantage of all reasonable improvements as they become available to him.
(6) In the event of interruption or discontinuation of service without fault or neglect of the subscriber for a period in excess of twenty-four hours within a one month period, the operator shall refund or give credit to the subscriber for a period of discontinuance or interruption in excess of twenty-four hours within a one month period.
(7) Whenever it is necessary to shut off or interrupt service to make repairs, adjustments, installations or for any other purpose, the operator shall do so at such time as will cause the least amount of inconvenience to its subscribers and, unless such interruption is unforeseen and immediately necessary, it shall give forty-eight hours notice to its customers.
(g) The operator shall maintain a business office in Franklin County, Ohio, which will be open at least 9:00 a.m., to 5:00 p.m., Monday through Friday; and at least 9:00 a. m. to noon, Saturdays, excluding legal holidays. This office will have a listed telephone, with an adequate number of lines to handle typical traffic, and will be so operated that complaints and requests for repairs and adjustments may be received and subsequently processed with a minimum of delay.
(h) The operator shall provide the Service Director with the name of his chief management employee, so that complaints or comments made to any City office may be referred to the operator for proper action at any time. The Company shall notify each subscriber, at the time of initial subscription to the service of the Company, of the procedures for reporting and resolving such complaints.
(Ord. 142-90. Passed 12-10-90.)
(i) In the case of any emergency or disaster, the operator shall, upon request of the Mayor or the official performing the duties of the Mayor, make available, without charge, any and all of his facilities for use by the City during the emergency or disaster.
(j) The operator shall make his basic service available without charge to all public and parochial schools located within the City.
(1) Installation and service will be subject only to a school being contiguous to a main or lateral cable, or within range of radio waves if radio waves are utilized by the operator for the transmission and distribution of signals.
(2) This requirement is for a single connection per school.
(3) There will be no limit as to the number of television receivers a school may operate from this connection, but the expense of installing and maintaining an internal distribution system will be the responsibility of the school.
(4) Any internal distribution system installed by a school must conform to all applicable Federal, State and City rules, regulations and ordinances, and must be operated in such a manner as not to interfere with the operator's system.
(k) The operator shall provide his basic monthly service without charge to each City office building, police station, recreation center and any other public buildings specified by the Mayor and Director now and hereafter operated by the City.
(1) Installation and service will be subject only to the public buildings being contiguous to a main or lateral cable, or within range of radio waves if radio waves are utilized by the operator for the transmission and each distribution of signals.
(2) This requirement is for a single connection per public building.
(l) All such connections as specified in subsections (j) and (k) hereof shall be provided at such time as the operator's system is actually servicing the area where such places are located.
(m) The operator shall provide one video channel for exclusive use by the City as it deems fit, without restriction, and shall not knowingly compete with any program presented by the City, through duplication thereof, in whole or in part.
(n) The operator shall provide one video channel for exclusive use by local educational authorities as it deems fit, without restriction, and shall not knowingly compete with any program presented by the local educational authorities, through duplication thereof, in whole or in part.
(o) The operator shall provide one noncommercial public access video channel to be available on a first-come, first-served nondiscriminatory basis.
(p) Excluding the programming originated by licensed broadcast stations and/or by closed circuit networks, all programming offered by the operator as part of his basic service to the general public, shall conform to the provisions of the TV Code and/or Radio Code of the National Association of Broadcasters; provided two or more Columbus service area commercial television stations (for the TV Code) are code subscribers thereof.
If the operator sells advertising as per Section 791.06(b) all such advertising material, if transmitted visually and/or aurally in connection with locally originated programming which is offered to the general public as part of the operator's basic service, shall also be subject to the applicable provisions of the NAB Codes, mentioned above, and qualified therein as to the practice of Columbus service area commercial broadcast stations.
(Ord. 77-75. Passed 6-9-75.)
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