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.)