Sec. 7A-6. Time is of the essence.

Whenever this chapter or the license agreement sets forth any time for any act to be performed by the licensee, such time shall be deemed of the essence; and the licensee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the city to invoke the remedies available under the terms and conditions of this chapter and the license agreement.

(Ord. No. 8937, § 2, 9-2-97)

Sec. 7A-7. License required.

   (1)   License required. No person shall construct, install, maintain or operate a cable system within, along or under any rights-of-way in the city, or any other public property in the city, unless a license has first been granted by the mayor and council pursuant to the provisions of this chapter, and unless the license agreement is in full force and effect. Nothing in this chapter shall be deemed to require the granting of any license when in the opinion of the city it would not be in the public interest to do so.

   (2)   License nonexclusive. Any license granted pursuant to this chapter by the city shall not be exclusive, and the city specifically reserves the right to grant other licenses to any persons or to authorize itself to provide cable services without a license at any time and in any area of the city if the city determines that it is in the public interest to do so.

   (3)   License binding. All provisions of this chapter and any license agreement shall be binding upon the licensee, its successors, lessees, or assignees.

(Ord. No. 8937, § 2, 9-2-97)

Sec. 7A-8. Grant of authority.

   (1)   Length of license. Any license granted by the city pursuant to this chapter shall commence upon execution of the license agreement by the licensee and the city and shall be for a period specified by the license. All licenses shall be subject to periodic review by the city to evaluate whether the cable system's technology is meeting the community's needs and interests. Any license shall also provide that following such review, the city may require a licensee to make any changes necessary to reasonably upgrade the cable system's technological capabilities. The city may expressly waive such requirement in the event it determines that the cable system reasonably meets the city's technological needs and interests. In no event shall any license exceed a term of fifteen (15) years, subject to the conditions and restrictions as provided in this chapter. A license agreement may be renewed pursuant to the provisions of this chapter and federal law. No privilege or exemption shall be inferred from the granting of any license unless it is specifically prescribed.

   (2)   No right of property. The granting of any license pursuant to this chapter shall be a privilege and shall not impart to the licensee any right of property in any city rights-of-way or other city property.

(Ord. No. 8937, § 2, 9-2-97)

Sec. 7A-9. Local regulatory framework.

   (1)   Continuing regulatory jurisdiction. The mayor and council shall have continuing regulatory jurisdiction and supervision over the operation of any license granted pursuant to this chapter. However, it is recognized that the daily administrative, supervisory and enforcement responsibilities of the provisions of this chapter and the license agreement shall be delegated and entrusted to the city manager, or his designee, as hereafter provided.

   (2)   The city manager shall have the following responsibilities and authority:

   (a)   Interpret, administer and enforce the provisions of this chapter and the license agreement;

   (b)   Represent the city in all matters pertaining to the implementation of the provisions of this chapter and the license agreement;

   (c)   Resolve disputes or disagreements between subscribers, users, potential subscribers and users, and the licensee as to matters involving an interpretation of this chapter or the license agreement, or other matters subject to the city's jurisdiction, but only in the event that such parties are unable first to resolve their dispute; provided that, nothing in this section is meant to waive any rights a licensee may have to appeal the city's resolution of a dispute.

   (d)   Review and audit reports and other documents submitted to the city as required by this chapter or other law, so as to ensure that the necessary reports are completed and fulfilled pursuant to the terms of this chapter;

   (e)   Assure that all records, rules and charges pertinent to the system are made available for inspection at reasonable hours upon reasonable notice consistent with the license agreement and applicable law;

   (f)   Confer with licensees, assist in coordination among licensees, and enforce requirements under applicable law and license agreements for interconnections among cable systems and other systems;

   (g)   Consistent with this chapter, establish and administer sanctions as authorized by the mayor and council to ensure compliance with this chapter;

   (h)   Advise the mayor and council on matters which may constitute grounds for termination or revocation of the license agreement in accordance with this chapter and a license;

   (i)   Advise the mayor and council on proposed transfers of the system;

   (j)   Consistent with this chapter, promulgate regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of the system as necessary;

   (k)   Ensure that the licensee makes any public access channel available to all residents of the city on a nondiscriminatory basis;

   (l)   Ensure that the operation of any public access channel is free of program censorship and control to the extent permitted by law;

   (m)   Perform any other duties assigned under the provisions of this chapter or other legislation which may hereafter be enacted by the mayor and council or such other related duties as the mayor and council may direct.

(Ord. No. 8937, § 2, 9-2-97)

Sec. 7A-10. Reserved.

Sec. 7A-11. Geographic coverage of the system.

   (1)   The city may issue a nonexclusive license for any or all portions of the city's jurisdictional limits as delineated in the request for proposals. Upon the annexation of any additional land area by the city, the annexed area shall thereafter be subject to all the terms of this chapter and the license agreement immediately upon notification to the licensee of the annexation by the city.

   (2)   A licensee shall construct and operate its cable system so as to provide service to all parts of its license area as provided in the license agreement and having a density of at least fifteen (15) residential dwelling units per street half-mile of system or where eight (8) residential dwelling units per street half-mile agree to subscribe to cable service for at least one (1) year. In addition, all areas which reach such density at any time during the license term shall be provided service upon reaching the minimum density.

   (3)   Where the density is less than that specified above, the licensee shall inform persons requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each person requesting service shall not exceed a pro rata share of the actual cost of extending the service. If, for example, the density in an area were three (3) residential units per half mile, licensee would pay one-fifth ( 1/5) of the costs of the extension and persons agreeing to take service would pay the remaining four-fifths.

   (4)   Any residential dwelling unit located within one-hundred and twenty-five (125) feet of the closer of (a) the nearest edge of the public right-of-way or (b) the nearest tap on a licensee's system shall be connected to the cable system at no charge other than the standard installation charge (plus extension charges, if any, that would apply under section 7A11(2)-(3)). In determining what is the drop length from the "nearest edge of the right-of-way," the drop length will be measured to the nearest edge of the right-of-way directly adjoining the premises of the subscriber, in the direction in which the licensee's plant is located (or is to be located, in a case involving a line extension). The licensee shall, upon request by any potential subscriber residing in the city beyond the 125-foot limit, extend service to such subscriber provided that the subscriber shall pay the net additional drop costs.

All measurements must be made in a manner most favorable to the person requesting service.

   (5)   Under normal operating conditions, if licensee cannot perform installations within the times specified in applicable customer service standards, the subscriber may request and is entitled to receive a credit equal to the charge for a standard installation. For any installation that is not a free installation or a standard installation, the licensee shall provide the subscriber with a written estimate of all charges within seven days of a request by the subscriber. Failure to comply will subject licensee to appropriate enforcement actions. This section does not apply to the introduction of new products and services when licensee is utilizing a phased introduction.

   (6)   In all cases where new developments and subdivisions are to be constructed to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the licensee of the availability of trenches, backfill and specifications of all necessary substructures in order that the licensee may install all necessary electronic cable facilities. In no event shall such undergrounding be at any cost or expense to the city.

   (7)   Subject to the other provisions of this section 7A-11, cable service shall be made available upon request to all individual residential dwellings, multiple-unit residential dwellings, condominiums, cooperative buildings, townhouses, institutions, organizations, businesses and all other structures within the designated license area.

   (8)   Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property.

   (9)   Nothing in this section shall prohibit a person from requiring the licensee to agree to indemnify or compensate the owner for damages or from liability for damages caused by the installation, operation, maintenance or removal of system facilities by the licensee.

(Ord. No. 8937, § 2, 9-2-97)