753.03 GRANT OF AUTHORITY AND GENERAL PROVISIONS.
   (a)   Authority for Use of Streets. For the purpose of constructing, operating, and maintaining a cable system or competitive video system in the City, a provider may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property , and equipment as are necessary and appurtenant to the operation of the system, provided that all applicable permits, including the permit, are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. Any use of the Streets shall comply with the Citys Right of Way Ordinance set forth in Chapter 902 .
   (b)   Nature of Chapter. This chapter shall authorize a provider of cable service or a competitive video service to provide such services over a cable system or a competitive video system as appropriate. The authority granted herein authorizes the provider to provide noncable services or noncompetitive video services on the system, to the extent authorization is needed. At this time, the City does not regulate the provision of noncable service or noncompetitive video services. However the City reserves the right to regulate noncable services or noncompetitive video services to the extent permitted by state and federal law.
   (c)   Mayor's Authority. The Mayor is hereby granted the authority to enter into permits with providers, or to modify the same from time to time, pursuant to and consistent with the provisions of this chapter or the permit which binds the provider to the terms of this chapter and the permit. Such permits may also contain such other provisions as may be negotiated between the Mayor and any provider which the Mayor deems appropriate under the circumstances. All such permits shall be submitted to Council for its approval and shall be effective as set forth in the ordinance or resolution approving the same.
   (d)   Service to Schools - Provider shall install and provide during the term of the permit one (1) outlet of basic service without initial or monthly charge to all schools in the Whitehall School District in existence at the time of the effective date of a permit issued pursuant to this Chapter. To the extent another provider is already providing basic service to any of the buildings identified in subsection (d) hereof, each such provider shall have the responsibility to offer a free installation and free basic service to a share of such schools. Each such Providers share shall be proportionate to the total number of such providers, unless other negotiated compensation has been provided to the City or Whitehall School District.
   With regard to any school building, educational institution or public library constructed within the City subsequent to the effective date of a permit granted pursuant to this Chapter, the provider shall install and provide one (1) outlet of basic service, without initial or monthly charge; provided the school district has given provider notice of construction, and the conduit or other similar means for provider to install its system, and provided such construction is within one thousand (1,000) feet (with an accessible pole line to the building and or an accessible conduit open for free use). If the proposed building is more than 1000 feet from system, the extension of the system shall be done on a cost-sharing basis, time and materials basis with the institution responsible for one-half (1/2) of the costs in excess of one thousand (1,000) feet. In the event an institution does not provide proper notice or conduit to Provider, any extension in excess of one hundred fifty (150) feet from Providers existing system shall be done on a cost-sharing basis, time and materials basis, with the institution responsible for one-half (1/2) of those costs in excess of one hundred fifty (150) feetbut not exceeding 2000 feet. Any internal wiring beyond one outlet shall be the responsibility of the institution.
   (e)   Service to the City - Provider shall install and provide one (1) outlet of basic service without initial or monthly charge to each of the following municipal buildings: ___________________. To the extent another provider is already providing basic service to any of the buildings identified in section e, each such provider shall have the responsibility to offer a free installation and free basic service to a share of such city buildings. Each such Providers share shall be proportionate to the total number of such providers, unless other negotiated compensation has been provided to the City.
   With regard to any municipal building constructed within the City subsequent to the effective date of any permit issued pursuant to this chapter, the provider shall install and provide one (1) outlet of basic service without initial or monthly charge; provided the municipal building has given provider notice, and the conduit or other similar means for provider to install its system, and provided such construction is within one thousand (1,000) feet (with an accessible pole line to the building and or an accessible conduit open for free use). If the proposed new building is more than 1000 feet from system, the extension of the system shall be done on a cost-sharing basis, time and materials basis with the City responsible for one-half (1/2) of the costs in excess of one thousand (1,000) feet.In the event the City does not provide proper notice or conduit to provider, any extension in excess of one hundred fifty (150) feet from providers existing system shall be done on a cost-sharing basis, time and materials basis, with the City responsible for one-half (1/2) of those costs in excess of one hundred fifty (150) feetbut not exceeding 2000 feet. Any internal wiring beyond one outlet shall be the responsibility of the City.
   (f)   Public, Governmental and Educational Access - The provider shall reserve and provide to City for Citys exclusive use, three channels or bandwidths, one each to be used for public use, educational use, and governmental use (herein PEG Channels). Until such time as the City notifies the provider of its desire to use the PEG channels for its own use, the provider shall program the City of Columbus public, educational and governmental access channels over the system. The provider shall cooperate with the City to develop an appropriate notification over the System in the event of a public safety emergency, or in the alternative, the provider shall comply with the EAS requirements of the FCC and such other public safety or emergency requirements set forth in the permit.
 
   (g)    Service Area - To the extent a permit is granted, each permit shall be granted for the territorial boundary of the City and the provider shall be obligated to offer its cable system or competitive video system throughout the territorial boundary of the City as it currently exists or as it may be modified during the term of any permit. In the event of annexation by the City, any new territory shall become part of the area covered upon thirty (30) days advance written notice by the City to the provider. Whenever the City annexes territory, the provider will meet with the City representatives to discuss the schedule for providing service to the annexed area. The provider shall be required to extend its system and provide service to any home or business within 150 feet of an existing service node and whenever a density of twenty (20) homes per linear mile of cable plant exists.
 
   (h)    Minimum System Requirements - The provider shall operate and maintain the its system to deliver signals at frequencies not less than 750-MHz with a minimum 110 video channel capability and that the system will be programmed to a minimum of seventy two (72) channels. The provider shall act in good faith to provide a system that is updated to current industry standards as those standards evolve.
 
   (i)    The provider shall provide to the City a current and up to date list of all services provided by the provider over its system along with the current up to date prices for such services. The provider shall provide to the City a current channel line up for each video programming and music programming service tier. The provider shall update such information on file with the City any time the provider amends or revises such information.
(Ord. 30-07. Passed 4-3-07.)