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(A) Within 60 days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, certificate of compliance, and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of those systems, their associated microwave transmission facilities, and satellite relay facilities.
(B) Within 1 year after all necessary permits, licenses, and authorizations, the grantee shall commence construction and installation of the system, and proceed to render service to subscribers. Completion of construction and installation shall be pursued with reasonable diligence so that service to all areas designated in the request for proposal shall be provided within 1 year from the date that service was first provided insofar as the grantee has power to accomplish this.
(C) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth shall be grounds for revocation of such franchise, under and pursuant to the terms of § 111.12 (A); provided, however, that Council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason or circumstances beyond his or her control.
(1974 Code, § 111.13) (Ord. 38-79, passed 7-16-1979)
(A) The grantee's books and records shall be kept in such a way as to show the activities of this unit separate from any other activities of the grantee.
(B) At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions, or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or on reasonable request made available in the city, and if Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
(C) The grantee shall prepare and furnish to the City Manager at the times and in the forms prescribed by the City Manager, such reports with respect to its operations, affairs, transactions, or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions, or duties of the city or any of its officers in connection with the franchise.
(D) The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all system equipment installed or in use in public ways and other public places in the city.
(E) The grantee shall file with the City Manager, on or before the last day in March of each year, a current map or set of maps drawn to scale, showing revisions made to the system during the previous 12-month period or a certified statement indicating no change has occurred.
(1974 Code, § 111.14) (Ord. 38-79, passed 7-16-1979)
(A) The grantee shall, concurrently with the acceptance of award of any franchise granted under this chapter, file with the City Manager, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the grantee's sole expense, a corporate surety bond in a company and in a form approved by the Director of Law, in the amount of $15,000 renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee shall fail to comply with any 1 or more of the provisions of this chapter, or of any franchise issued to the grantee, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for the attorney's fees and costs, up to the full amount of the bond; such condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of such franchise or renewal by the grantee or from its exercise of any privilege granted. The bond shall provide that 30 days' prior written notice of intention not to renew, to cancel, or to change materially be given to the city.
(B) Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.
(1974 Code, § 111.15) (Ord. 38-79, passed 7-16-1979)
(A) The grantee shall, concurrently with the award of any franchise granted under this chapter, furnish to the city and file with the City Manager, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of $500,000, in a company approved by the Director of Law and in a form satisfactory to the Director of Law, indemnifying and saving harmless the city, its officers, and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's system, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
(B) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City Manager, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the city, its officers, boards, commissions, agents, and employees in a company approved by the Director of Law, and in a form satisfactory to the Director of Law, protecting the city and all persons against liability for loss or damage for personal injury, death, and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of $100,000 for personal injury or death of any 1 person and $300,000 for personal injury or death of 2 or more persons in any 1 occurrence, and $50,000 for damage to property resulting from any 1 occurrence.
(C) The policies mentioned in division (B) shall name the city, its officers, boards, commissions, agents, and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of such policy shall be delivered to the city 30 days in advance of the effective date thereof; if such insurance is provided by a policy which also covers the grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
(1974 Code, § 111.16) (Ord. 38-79, passed 7-16-1979)
(A) When not otherwise prescribed herein, all matters required to be filed with the city shall be filed with the City Manager.
(B) The grantee shall not engage in the sale or servicing of television or radio sets or parts and accessories, except such obsolete or used sets or parts and accessories as may have been used or purchased for use by it. Further, the grantee shall not require or attempt to direct its subscribers to deal with any particular person, firm, or corporation in regard to sale or servicing of television or radio sets or parts and accessories. This provision shall not apply to converters, decoders, home interactive terminals, and other such devices as may be used in furnishing any programming or service by the grantee's system.
(C) The grantee shall not deny service or access, or otherwise discriminate against its subscribers, users, or employees on the basis of race, color, religion, national origin, or sex. The grantee shall strictly adhere to the equal employment opportunity requirements of the FCC, as expressed in §§ 76.13 (a) (8) and 76.311 of Chapter 1 of Title 47 of the Code of Federal Regulations.
(D) Neither the grantee nor the city shall tap and monitor or arrange for the tapping and monitoring or permit, either expressly or impliedly, any other person to tap and monitor any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever, without the express permission of the subscriber. Notwithstanding the preceding sentences, the grantee shall be entitled to conduct system-wide or individually addressed sweeps for the purpose of verifying system integrity, controlling return-path transmissions, or billing for pay services.
(E) The grantee shall not, without the specific authorization of the subscriber involved, sell, or otherwise make available to any person or group of persons lists of the names and addresses of its subscribers, or any list which identifies the viewing habits of any individual subscriber, except as the same is necessary for the construction, marketing, and maintenance of the grantee's facilities and services and the concomitant billing of subscribers for these services, or as the same may be necessary to give leased access channel users sufficient and pertinent information to make full use of these leased access channels.
(F) The grantee shall exercise no control over program content on any of the access channels.
(G) Liability for obscenity, defamation, or invasion of privacy on any access channels shall rest with the person or group of persons utilizing those access channels.
(H) Nothing in this chapter shall be construed to prevent any party hereto from pursuing its full legal rights and enforcing compliance with the terms of this franchise.
(I) The grantee shall not be relieved of its obligation to comply with the provisions of this chapter by reason of any failure of the city to enforce prompt compliance, nor shall any inaction by the city be deemed to waive or void any provision of this chapter.
(J) During the term of this franchise, the grantee shall comply with all present and future applicable laws, rules, and regulations, and any amendments thereto, promulgated by any federal, state, or local authority of competent jurisdiction, including but not limited to the laws, rules, and regulations of the FCC and the city.
(K) Should the State of Ohio, the FCC, or any other agency of competent jurisdiction require the grantee to perform or cease to perform any act, compliance with which requirement would be inconsistent with any provision of this chapter, the grantee shall comply with that requirement and shall so notify the city. Any mandatory modification of FCC franchise standards resulting from amendments by the Commission shall be incorporated into this chapter within 1 year of adoption of the modification, or at the time of franchise renewal, whichever occurs first.
(L) If any section, division, sentence, clause, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Council hereby declares that it would have passed this chapter and each section, division, sentence, clause, and phrase hereof, irrespective of the fact that any 1 or more sections, divisions, sentences, clauses, or phrases be declared illegal, invalid, or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce, or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder.
(M) The grantee and city shall comply with all rules and regulations of the Federal Communications Commission whether specifically mentioned in this chapter or not. The grantee and city shall comply with any and all modifications of the rules and regulations of the Federal Communications Commission resulting from amendment by the Federal Communications Commission within 1 year of the date of adoption of the modification, or the time of franchise renewal, whichever occurs first.
(1974 Code, § 111.17) (Ord. 38-79, passed 7-16-1979)
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