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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.)
The service to be offered by the operator shall be on a solely voluntary basis on the part of the subscriber, who, if his residence or commercial establishment is contiguous to main or lateral cables or within range of radio waves if radio waves are utilized for transmission and distribution, may subscribe to the aforementioned service at will. Under no circumstances will the operator require a subscriber to pay for service longer than the service is desired.
(Ord. 77-75. Passed 6-9-75.)
Provisions of this section notwithstanding, delays in the performance of the operator's obligations under this chapter which are caused by, equipment shortages, a state of war or national emergency, acts of God, or any circumstances beyond the control of the operator, as determined by Council shall not be construed to be in violation of the requirements set forth herein, and reasonable extension of time shall be granted therefor.
(Ord. 77-75. Passed 6-9-75.)
(a) This is an enabling ordinance authorizing the operation of CATV system(s) in the City of Reynoldsburg, but it does not take the place of any franchise, license or permit which may be additionally required by law of the operator either currently or at some later date.
(b) It shall be the responsibility of the operator to obtain any and all such franchises, licenses or permits necessary to the operation and conduct of his business activities.
(c) Failure of the operator to obtain and conform to the provisions of any and all such franchises, licenses or permits, and to make prescribed payments if required as a condition of their issuance, shall be considered in violation of this chapter, and subject to the penalties set forth in Sections 791.10 (g) and 791.99.
(Ord. 77-75. Passed 6-9-75.)
(a) Considering the concept of the "wired city" to be valid and believing that it will not only become a reality in the foreseeable future but will require a combination of cable and off-the-air transmission for the ultimate in services, the philosophy of Council is as follows:
(1) In setting forth the guidelines for the operation of CATV, this, for all practical purposes, being the beginning of a "wired city", insofar as Council may do so without being in conflict with rules and regulations of the Federal Communications Commission, it is the intent to make possible the offering of a variety of services, while at the same time affording the City and its citizens maximum protection.
(2) In these guidelines is recognition of the right of the operator, or operators, to have a profitable enterprise and to return invested capital to stockholders with a gain.
(3) In summation, the philosophy might be stated as one based on mutual good faith, as involving the City, its citizens and the operator.
(b) Underscoring certain pertinent facts having to do with communication ventures, primarily radio and television type services, which are considered relevant to the enabling legislation for CATV and which are detailed below in subparagraphs (1), (2), (3) and (4), it is the stated intention of Council not to impose unreasonable ceilings on rates to subscribers, which in the final analysis, under the free enterprise system, will be dictated by the subscriber, and not by the operator of some regulatory body, nor to specify unrealistic fees to be paid by the operator to the City.
(1) The speculative nature of a CATV system required to compete in and to meet the demands of a "wired city" without the benefits, or protection, of an exclusive operator's permit, is noted, together with a need for substantial risk capital on a long term basis.
(2) Restricted broadcast competition for radio and television stations, a monopolistic condition created by FCC allocation tables or spectrum limitations, is noted.
(3) That broadcast stations pay no fees to anyone for using the public's air space for the transmission of their signals is noted.
(4) And that broadcast stations are subject to no rules or regulations of the Federal government, where the right of regulation is solely vested, establishing maximum charges for advertising nor imposing a predetermined rate of return on investment, are also noted.
(c) Conversely, but as another facet of the mutual good faith philosophy introduced in part in subsections (a) and (b) hereof, it is the stated intention of this chapter to require maximum value service for subscribers in the City; therefore, Council retains the option, to be exercised upon recommendation of the Service Director, for a thorough annual review to ascertain:
(1) The fairness of the operator's rates; and
(2) Whether the fees paid to the City in previous years by the operator were adequate and/or justifiable, each as measured against the service or services being rendered subscribers; and
(3) whether the operations authorized hereunder continue to be in the public interest.
(d) In order for the operator to meet the prerequisites of "maximum value service" to subscribers, his system necessarily must be viable, and a worthwhile investment for ownership, otherwise, operating funds for optimum service and sufficient additional capital for expansion and extension of service in the future, as both anticipated and desired by Council, will not be available
It is to be emphasized that Council, with such an understanding as expressed in subsection (d) hereof, will never act capriciously or arbitrarily with its right of review as set forth in subsection (c) hereof, and no review will be undertaken and no action detrimental to the operator proposed as a result of such a review, which has been motivated by the operator's profit and loss record alone, the overwhelming issue in any and all reviews being the propriety of charges for service versus the service itself, this being of far greater import to Council than payments to the City.
(e) Additionally, as initially set forth in Section 791.07(b), no action with respect to rates and/or fees paid to the City will be taken without the operator being given opportunity to be heard by Council.
(Ord. 77-75. Passed 6-9-75.)
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