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(a) No operator shall offer service to subscribers by means of a community antenna system within the City unless he holds a permit granted by ordinance of Council, and authorizing such a system within the City, and in, under and over streets, highways and other public grounds of the City.
(b) All permits granted by ordinance pursuant to this section shall be nonexclusive and nonassignable and Council reserves the right to issue as many such permits as it deems advisable in the public interest.
(c) Any permit granted under the terms of this chapter shall be declared null and void one year from the date it is granted, and such permit shall be revoked unless the operator, or operators, who received such permit satisfactorily demonstrate to the Service Director compliance with the timetable set forth in subsection (d) hereof.
(d) The operator, not later than six months from the effective date of the ordinance granting him a permit, shall furnish to Council, for approval, complete plans and specifications for the construction and operation of his system, including transmission and distribution, which insofar as is technically and economically practical shall call for service to all the incorporated area of the City, as of that date. Within thirty days after receiving approval from Council, the operator shall make and present his most diligent efforts to obtain whatever agreements, if any, are required from utility companies, and approvals from various City departments and regulatory agencies required herein. After obtaining all these necessary agreements and approvals the operator shall begin construction of the system within ninety days thereafter and shall continue at such a rate as to make the service contemplated by this chapter available to at least one-half of all residences in the City within one year after commencement of construction, and available to all residences, business establishments and other potential users in the City within two years after commencement of construction.
(e) The permit shall take effect and will be in force from and after the earliest period allowed by law, and upon the filing by the operator with the Director of his acceptance, in writing, of each and all of the terms and provisions of this chapter. However, if the operator shall fall to file such written acceptance within thirty days after the passage of the ordinance by Council, then the ordinance granting his permit shall be null and void.
(f) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, or in conflict with rules and regulations of the Federal Communications Commission, then such portion shall be deemed a separate, distinct and independent provision of this chapter, and such holding shall not affect the validity of the remaining portions hereof.
(g) Any permit granted pursuant to this chapter may be revoked by a simple majority vote of Council upon the recommendation of the Director for violation of provisions of this chapter, by giving the operator ninety days notice in writing of intention to revoke such permit unless such violation is corrected during the period of notice.
(1) The term of each permit shall be for a period of not more than fifteen years, the effective date to be pursuant to subsection (e) hereof, with the right of renewal at the option of Council for succeeding periods, each of no more than ten years.
(2) The operator shall be advised in writing, no less than ninety days prior to the end of the period covered by his permit, whether his permit is to be renewed for another like period. And while it is not the intention of this chapter to provide for automatic renewals, no existing operation will be terminated without due and just cause.
(Ord. 77-75. Passed 6-9-75.)
(a) Not less than ninety days after the initial offering of service to subscribers, the operator shall make available his basic monthly service to all applicants whose residences or commercial establishments are contiguous to a main or lateral cable, or within range of radio waves if radio waves are utilized for the transmission and distribution of signals.
(b) In anticipation of ultimately making all services available to every dwelling unit and commercial establishment within the corporate limits, regardless of location, in accordance with Section 791.10(d) the operator is to achieve this goal as rapidly as possible, and is to keep the Service Director advised of all extensions of service beyond that contemplated in his original plans and specifications as approved.
(c) All expanded service, once offered by the operator, shall be made available to all applicants whose residences or commercial establishments are contiguous to a main or lateral cable, or within range of radio waves if radio waves are utilized for transmission and distribution.
(d) Service to multiple-unit buildings, including apartment houses and office buildings, will be subject to the permission of the owner or operator of each building.
(e) The operator shall not, as to rates, charges, service facilities, repairs, maintenance, rules, regulations, or in any other respect, make or grant preference or advantage to any person or business, nor subject any person or business to any prejudice or disfavor.
(Ord. 77-75. Passed 6-9-75.)
(a) The operator, for the privilege of holding a permit to operate a community antenna system in the City, which entitles him to offer his service or services, and to install his distribution and transmission facilities in, under and over the streets, highways and other public grounds of the City, subject to the overall provisions of this chapter which have been conceived for the protection of the City and its citizens, shall make payments to the City as follows:
(1) The Company shall pay to the City a fee of three percent (3%) of gross basic service and installation subscriber revenues received for cable television operations in the City. No other fee, charge or consideration shall be imposed. Sales tax or other taxes levied directly on a per subscription basis and collected by the Company shall be deducted from the gross basic service and installation subscriber revenues before computation of sums due the City is made.
(2) The operator shall pay a minimum fee of fifteen hundred dollars ($1,500) annually for the period of his permit.
A. The first payment of fifteen hundred dollars ($1,500) shall accompany the operator's acceptance of his permit, as required by Section 791.10(e).
B. The operator shall have the option of operating under a calendar year or fiscal year plan; and the minimum fee may be prorated during his first year to correspond to his books, with a like, balancing adjustment during the final year of the period covered by his initial permit. Once the operating year has been established, payment of the minimum fee will be made within thirty days following the start of each new year.
C. The minimum fee shall be credited to the required three percent (3%) of gross basic service and installation subscriber revenues payable annually to the City.
(b) All payments to the City under this chapter shall be made quarterly within the year as determined by the operator pursuant to subsection (a)(2) hereof.
(1) The first three quarterly payments may be on the basis of unaudited gross basic service and installation subscriber revenues, and shall be due and payable within thirty days of the end of each quarter.
(2) The year-end payment shall be due and payable within ninety days after the close of the operator's operating year.
A. The operator, at the time of this payment, shall submit complete accounting information to substantiate the amount of payments made; certified verification will be provided to the Auditor, attested to be an independent audit of the operator' s books made and certified to by a certified public accountant.
(c) All payments to the City shall be by check made payable to the City and either hand- delivered or sent by registered mail to the Auditor.
(d) Council and the Service Director and their delegates shall have the right to reasonable inspection of the books, records, maps, plans and other like material of the operator at the office of the operator during normal business hours.
(e) The operator shall submit a complete annual operating report as specified by the Director within ninety days after closing of the operator's operating year, such report being attested to by an independent audit of the operator's books and certified to by a certified public accountant.
(Ord. 138-75. Passed 11-10-75; Ord. 142-90. Passed 12-10-90.)
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