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(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)
(A) From and after the effective date of this chapter, no person shall establish, operate, or carry on the business of distributing to any persons in this city any television signals or radio signals by means of a system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(B) From and after the effective date of this chapter, no person shall construct, install, or maintain within any public way in the city, or within any other public property of the city, or within any privately- owned area within the city which has not yet become a public street but is designated or delineated as a proposed public way on any tentative subdivision approved by the city, any equipment or facilities for distributing any television signals or radio signals through a system, unless a franchise authorizing such use of such public way or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(C) No person, firm, or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.
(D) No person, firm, or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised system within this city for the purpose of enabling himself, herself, or others to receive any television signal, radio signal, picture, program, or sound, without payment to the owner of such system.
(E) No person, without the consent of the owner, shall willfully tamper with, remove or injure any cables, wires, or equipment used for the distribution of television signals, radio signals, pictures, programs, or sound.
(1974 Code, § 111.18) (Ord. 38-79, passed 7-16-1979) Penalty, see § 111.99
(A) Creation. The Tipp-Monroe Cable Access Commission is created in accordance with § 111.08(C).
(B) Appointments. The Commission shall consist of 6 voting and 4 ex-officio members. Three voting members shall be appointed by the Monroe Township, and 3 voting members shall be appointed by the Tipp City Council from among the city residents. One ex-officio member each shall be appointed by the Tipp City Council, Tipp City Exempted Village School Board, the Monroe Township Trustees, and the elected members of the Tipp-Monroe Cable Access Commission. All ex-officio members shall be elected or appointed officials.
(C) Terms. The appointments made by the Tipp City Council shall be for 2-year staggered terms. One of the initial appointments made in 1982 shall expire on March 31, 1983, and the other 2 appointments shall all be for 2-year terms.
(D) Duties and powers. The Cable Access Commission shall establish rules and procedures to be approved by the City Council and Township Trustees. The rules and procedures shall define the nature of the public access station or stations and the use thereof. The Cable Access Commission shall determine the type of programming to be permitted, review specific programs, arrange scheduling, and otherwise maintain primary responsibility for the public access station or stations. The Commission may contract with the city and the township and other entities to secure necessary funding for the provision of public access.
(1974 Code, § 111.19) (Ord. 5-82, passed 2-15-1982; Am. Ord. 25-84, passed 8-20-1984)
(A) Whoever violates any provision of § 111.18 shall be fined not less than $25 for the first offense; for a second offense, such person shall be fined not less than $100. Each day's violation constitutes a separate offense.
(B) Whoever violates any other provision of this chapter shall be fined $100. Each day's violation shall constitute a separate offense.
(1974 Code, § 111.99) (Ord. 38-79, passed 7-16-1979)
Initial locations requiring free connections as specified in § 111.09(E) are as follows:
City Building | 3 East Main Street |
Monroe Township Building | 4 East Main Street |
Community Service Office | 19 ½ E. Main St. |
Safety Building | Main & Hyatt Streets |
Sewer Plant | South First Street |
Service Garage | 5th & Franklin Streets |
Park Maintenance Bldg. | 140 E. Parkwood Drive |
Electric Div. Headquarters | 230 N. First Street |
Public Library | 11 East Main Street |
Tipp City School Administration Bldg. | 90 South Tippecanoe Drive |
Tippecanoe High School | North Hyatt Street |
L. T. Ball Middle School | North Hyatt Street |
Nevin Coppock Elem. School | North Hyatt Street |
Tippecanoe Central School | West Broadway |
Broadway Elementary School | West Broadway |
School Bus Garage | North Hyatt Street |
(1974 Code, Chapter 111, Appendix A)
Required format for proposed rates for basic subscriber service as specified in § 111.09(A).
Installation Charge | Monthly Service Charge |
Installation Charge | Monthly Service Charge | |
(A) Basic service charge. | ||
Each residential and commercial subscriber not covered in (B) (Charges include basic converter.) | $ | $ |
Initial hook-up charges may be waived during construction period in any given sector of the proposed system | $ | $ |
FM Service | $ | $ |
Basic converter | $ | $ |
Charge per additional outlet per home | $ | $ |
Transfer charges | $ | $ |
Remote converter | (only in the event that a special trip is necessary) | |
(B) Multiple-family dwelling charge. | ||
(2 - 4 dwelling units): | ||
If billed to landowner on a single bulk billing, each unit billed | $ | $ |
If billed to individuals | $ | $ |
(C) Apartment house and/or trailer court charges. | ||
Billed to individuals | $ | $ |
(D) Hotel and motel charges. | $ | $ |
Grantee will not pay any discount, refund, or inducement to owners of such facilities for the privilege of hooking up any subscribers located on their property. | ||
(E) Miscellaneous charges. | ||
Buried service | $ | $ |
Special rates for raising or lowering cables to permit house or building moves, etc. * | ||
Labor | $ | $ |
Truck | $ | $ |
Engineering | $ | $ |
Cable severance charge per strand cut | $ | $ |
Per drop cable | $ | $ |
Per feeder line cut | $ | $ |
Per truck line cut | $ | $ |
Additional material for temporary service | $ | $ |
* All charges to be submitted to owner and/or contractor and deposit of full amount of estimate received prior to move. | ||
(1974 Code, Chapter 111, Appendix B) (Am. Ord. 25-81, passed 8-3-1981)
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