(A) The grantee of any franchise issued pursuant to the provisions of this chapter shall, subject to conditions and restrictions set out in this chapter, be authorized to construct, or have constructed, operate and maintain a CATV system and to engage in the business of providing a CATV service in the town, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain, in, over, on, under, upon, across and along any public street, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant of the CATV system; and, in addition, so to use, operate and provide similar facilities or properties lawfully rented or leased from other persons, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the town. It shall be unlawful for any telephone, telegraph or power company, or any other public utility company or person operating in the town to lease or otherwise make available to any other person any poles, lines, facilities, equipment or other property for use in connection with the operation of a CATV system or service, unless such other person holds a currently valid franchise granted pursuant to the provisions of this chapter.
(B) The Town Council shall approve the initial rates that the grantee may charge subscribers for installation of equipment or connection to its CATV system and for all subscriber services.
(1) This Town Council approval applies also to any new rates that may be added for new service in the future.
(2) Increases in rates and charges shall not be made by the grantee more than one time per calendar year and shall not exceed the increase in the consumer price index for the preceding year.
(3) If the grantee wishes a larger increase than that dictated by the consumer price index, it shall not be made without the specific approval of the Town Council.
(4) No increases in rates and charges shall be made, unless the grantee has filed a schedule of such charges with the town’s designated agent at least 60 days in advance of the effective date thereof, and the town’s designated agent has verified that the charges are in accordance with this section.
(C) The grantees shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts or accessories, and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto.
(D) Construction and maintenance of the CATV service, including house connections, shall be in accordance with the FCC standards, the National Electrical Safety Code of the American Insurance Association and such applicable ordinances and regulations of the town affecting electrical installations as may be presently in effect or may be enacted by the town, and shall be subject to the approval of the inspection department of the town.
(E) The grantee shall provide a minimum of 11 channels of programs as a basic service, and a total of 19 active channels available.
(F) The grantee shall make its facilities available for use by public and private schools for local origination programs and for closed circuit educational films, subject to reasonable rules and regulations pertaining to such use by the grantee and in such manner as not to unduly interfere with the cable television operations of grantee. These facilities shall be located no more than 30 air miles from the Old Burke County Courthouse located in downtown Morganton, North Carolina. The grantee is hereby encouraged to provide this service and applicants for a franchise that provide local origination programs will be carefully considered.
(G) The grantee shall not make or grant any preference or advantages to any subscriber, and shall not subject any subscriber or other person to any prejudice or disadvantage. This provision shall not prohibit promotional campaigns to stimulate subscriptions to the system or other legitimate uses thereof, nor shall it prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled.
(H) All the terms, conditions and requirements of this entire chapter shall be deemed to be made an integral part of each and every franchise granted hereunder, to the same extent as though set forth in full therein.
(I) The grantee shall provide without charge one outlet to each volunteer fire station, emergency medical service center and rescue squad center that is passed by its cable within the town. Grantee shall also provide without charge one basic service outlet to each floor of each town owned building and public or private school, approved to the State Department Public Instruction, that is passed by its cable within the town. If additional outlets are requested at any of said locations, the grantee may install such additional outlet or outlets at the cost of time and materials only. There will be no monthly basic service charge at such locations. The grantee shall make studio facilities, including color cameras and other equipment, available for use by such public and private schools for local origination programs and for closed circuit educational films, subject to reasonable rules and regulations pertaining to such use by grantee, and in such manner as not to unduly interfere with the cable television operations of grantee.
(J) The grantee shall provide, free of charge, at least one dedicated composite access channel for use by noncommercial public, educational, state and local government agencies on a developmental basis; such channel will be on a time-shared basis with other governmental agencies requesting the same service.
(K) The grantee shall install equipment and cable that is adequate to provide a capacity of 35- channel service within all areas served in the town. Such equipment and cable shall include convertors, amplifiers, headend and all materials throughout the system so that full 35 channel capability is assured.
(L) The grantee shall remain technologically aware of improvements within the CATV industry and upon agreement with the town provide such additional state-of-the-art services in the future when it is determined by the town and the grantee that such service is financially feasible. Such additional services may include, but are not limited to, two-way communication, emergency override, interconnection with adjoining systems, program initiation, addressibility and the like.
(M) The grantee is encouraged to provide the necessary supplemental power source(s) to ensure that cablevision service will not be interrupted due to minor isolated short-term power outages to the amplifiers along the cable strand.
(Ord. passed 5-9-1983) Penalty, see § 111.99