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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Communications system" includes community antenna television and the receipt, transmission, and distribution of voices, sounds, writings, signals, pictures, visions, images, or any type of closed circuit transmission or signal transmission by means of electrical impulses.
(b) "Community antenna television system" includes community antenna television and the receipt, transmission, and distribution of voices, sound, signals, pictures, visual images, or any other type of closed circuit transmission or signal transmission by means of electrical impulses.
(c) "Company," as used in this chapter includes any person, partnership, corporation or other entity granted a franchise to operate a community antenna television system or communications system within this Municipality.
(d) "Franchise" means a grant or privilege extended by the municipality involving a contract between the franchise applicant and the Municipality.
(e) "Radio" means a system for transmission of audio signals by means of electrical impulses by means of wires.
(f) "Streets" means any duly dedicated street, highway, lane, avenue, sidewalk, alley, bridge, boulevards, or other public place in the Municipality, including all public right-of-ways and street right-of-ways.
(g) "Television" means a system for transmission of audio signals and visual images by means of electrical impulses by means of wires.
(1980 Code 122.01)
No person shall operate a community antenna television system or television or radio transmission business to transmit television or radio signals by means of wires placed on poles in the streets or underground wires, pipes, conduits, and other fixtures in the Municipality without obtaining a franchise from Council.
(1980 Code 122.02)
(1980 Code 122.02)
Any person desiring to operate a community antenna television system or television or radio transmission business under the provisions of this chapter shall make application therefor in writing to the Municipal Administrator. The application shall contain:
(a) The names and addresses of persons interested in the application, including all partners, if a partnership, and all officers, if a corporation.
(b) The proposed plan of construction and method of distribution of television and radio signals.
(c) A schedule of rates to be charged customers.
(d) A current profit and loss statement and balance sheet of the applicant's business certified to by a certified public accountant.
(e) A statement indicating liability insurance coverage of not less than $25,000 as to any one accident, and not less than $200,000 aggregate in any single policy year; and against liability due to bodily injury or to death of persons, not less than $100,000 as to any one person, and not less than $300,000 as to any one accident.
(f) A statement indicating ability to furnish a performance bond to the Municipality in any sum and form required by council with sufficient sureties thereon guaranteeing payment of all sums which may at any time become due from the applicant to the Municipality under the terms of the requested franchise and guaranteeing of faithful performance of all obligations of the applicant.
(g) A schedule of the amount proposed to be paid to the Municipality as a percentage of the gross receipts from monthly service charges.
(1980 Code 122.03)
(1980 Code 122.03)
A franchise to transmit television or radio signals or other electrical impulses by wires shall be issued under the provisions of this chapter on approval thereof by Council, who may approve a franchise for the transmittal of television signals, radio signals, or other electrical impulses combined, or separate franchises for television, radio, and other electrical impulses.
(1980 Code 122.04)
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