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(A) The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, age or sex.
(B) The grantee shall adhere to the applicable equal employment opportunity requirements of the FCC and applicable state regulations, as now written or as amended from time to time.
(C) The grantee agrees that it will not, and will not permit others to, undertake any surveillance of persons and will not attempt, nor cause others to undertake any studies of audience size, program utilization, set use, or similar research without the written consent of the affected persons, nor will any electronic devices be attached to the cable system which would serve such a function without the consent of the affected persons.
(Ord. 94-0-6, passed 9-12-94)
(A) The grantee shall construct, operate and maintain the CATV system subject to the supervision of all of the authorities of the city who have jurisdiction in such matters and in strict compliance with all laws and ordinances.
(B) If at any time the powers of the City Council or any agency or official of the city are transferred by law to any other board, authority, agency or official this board, authority, agency or official shall have the power, rights and duties previously vested under this chapter or by law in the Council or any agency or official of the city.
(Ord. 94-0-6, passed 9-12-94)
(A) In addition to all other rights and powers pertaining to the city by virtue of this chapter or otherwise, the city reserves the right to terminate and cancel any franchise granted hereunder and all privileges of a grantee hereunder in the event that a grantee fails to remedy any of the following events of default within 30 days following written notice thereof sent by certified mail to the grantee by the City Attorney:
(1) Violates any material provision of this chapter, or any rule, order or determination of the city made pursuant to this chapter, except where such violation, other than of division (2) below, is without fault or through excusable neglect;
(2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt;
(3) Attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the city; or
(4) Fails to have service available to 100% of the residential structures, which are within the city as of the date of acceptance of this chapter and on areas annexed to the city after acceptance of this chapter, fails to have service available within a reasonable time to 100% of the residential structures in all areas of the city where there at least 50 residential units per line mile; provided that said period may be extended by the city if the grantee is diligently pursuing construction and the delay is not caused by any fault of the grantee or strikes, natural disaster or other occurrences over which grantee would have no control.
(B) Such termination and cancellation shall be by ordinance duly adopted after 60 days’ notice to the grantee and shall in no way effect any of the city’s rights under this chapter or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, as made by the Council, it shall be reviewable under the provision of the Administrative Review Act of the State of Illinois. Before the franchise may be terminated and cancelled under this section, a grantee must be provided with an opportunity to be heard before the Council, to defend its conduct and show that no such uncured event of default exists.
(C) Whenever this chapter shall set forth any time for any act to be performed by or on behalf of grantee, such time shall be deemed of the essence and any failure of a grantee to perform within the time allotted shall always be sufficient grounds for the city to revoke any franchise granted hereunder.
(Ord. 94-0-6, passed 9-12-94)
(A) The grantee shall not assign, or transfer control of, the franchise without the prior consent of the Council, which consent will not be unreasonably denied. The Council shall render its decision within 45 days from the date on which consent is requested. Any attempt to assign the franchise without the consent of the Council shall be null and void. No such consent shall be required for an assignment: to any affiliate of the grantee which is owned or controlled by the grantee or any person controlling, controlled by or under common control with the grantee, in each case as of the effective date of the grantee’s franchise; or in trust, mortgage or other hypothecation, in whole or in part, to secure an indebtedness.
(B) The transferee shall be required to establish that it possesses the legal, financial and technical qualifications to operate and maintain the cable system and comply with all franchise requirements for the remainder of the term of the franchise. If the transferee demonstrates that it possesses such qualifications, the city shall transfer and assign the rights and obligations of such franchise as in the public interest. The consent of the city to such transfer shall not be unreasonably denied or delayed.
(C) Any financial institution having a pledge of the franchisee or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notify the city that it or its designee satisfactory to the city shall take control of and operate the cable system, in the event of a grantee default in its financial obligations. Further, said financial institution shall also submit a plan for such operation within 30 days of assuming such control that will insure continued service and compliance with all franchise requirements during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one year unless extended by the city in its discretion and during said period of time it shall have the right to petition the city to transfer the franchise to another grantee.
(Ord. 94-0-6, passed 9-12-94)
(A) The right is hereby reserved to the city to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police powers; provided, that such regulations, by ordinance or otherwise, shall be reasonable and shall not conflict with or diminish in any way any of city’s rights herein granted.
(B) In addition to the specific rights of inspection contained in this chapter, the city shall also have the right to make such inspections as it shall find necessary to insure compliance with the terms of this chapter and other pertinent provisions of law.
(C) The Tuscola Committee on CATV, composed of members appointed by the Mayor with the advise and consent of the City Council shall be a continuing body whose purpose is to oversee the development of CATV in the city and provision of services by grantee.
(D) Said Committee may recommend to the City Council the hiring of a consultant to work with said Committee in attaining the above ends. Said consultant shall serve as a liaison between the said Committee and grantee and shall be available by telephone and shall meet with said Committee to ensure that the provisions of this chapter are carried out.
(Ord. 94-0-6, passed 9-12-94)
The grantee shall not be excused from complying with any of the terms and conditions of any franchise granted hereunder by any failure of the city upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(Ord. 94-0-6, passed 9-12-94)
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