753.05 SERVICE PROVISIONS.

   (a)   Permits to Operate Cable Systems or Competitive Video Systems in the City.

      (1)   No provider shall offer service to subscribers by means of a cable system or competitive video system within the City unless it holds a permit granted pursuant to this chapter and authorizing such a system within the City and in, under, and over the streets, highways, and other public property or public grounds of the City.

      (2)   All permits or renewal of permits granted by ordinance pursuant to this chapter shall be nonexclusive and, except as specifically permitted herein, nonassignable; the City reserves the right to issue as many such permits as it deems advisable in the public interest and shall not unreasonably refuse to award additional permits.

      (3)   As provided in Section 753.06 (d) and (e), any permit granted pursuant to this chapter may be revoked prior to its expiration. Such revocation shall be effective upon the effective date of an ordinance or resolution of Council which revokes such permit.

      (4)   The term of each initial permit shall be for a period of no more than fifteen years, the effective date to be pursuant to subsection (d) hereof, with the right of renewal consistent with state and federal law. At the option of the City such renewal shall be for a term of no more than fifteen years as set forth in any permit granted hereunder. Any permit granted pursuant to this chapter may be revoked prior to the permit's termination as provided by this chapter or in the permit.

   (b)   Applications for Permit. All applications for an initial or renewal permit to construct, operate or maintain any cable system or competitive video system in the City shall be filed with the Director of Public Service, and each such application shall set forth, contain, or be accompanied by the following, to the extent not preempted by Federal law:

      (1)   The name, address and telephone number of the applicant.

      (2)   A statement of the corporate or other business entity organization of the applicant, in such detail and in such form as determined appropriate by the Mayor. An Applicant that is regulated by the Public Utilities Commission of Ohio may provide a copy of valid certification from the Public Utilities Commission of Ohio including certification pursuant to R.C. 4933.81, et seq. in lieu of the statement herein.

      (3)   An Applicant shall be responsible for all reasonable costs not to exceed ten thousand dollars ($10,000.00) incurred by the City to review and investigate an Applicants application regardless of whether the City grants the Applicant a permit. The City shall invoice Applicant once City Council has taken action on Applicants application. The Applicant shall pay such invoice within thirty (30) days of receipt.

      (4)   For initial permits, a verified statement that a notice of the filing of such application has been served upon all current providers.

   (c)   Permit Procedure.

      (1)   Within 30 days of receipt of any completed application for a permit, the Mayor shall cause such application to be investigated, shall prepare a report of such investigation, shall make recommendations respecting such application, and shall cause said report and recommendations to be placed upon the agenda of the regular session of Council next following the completion thereof. A copy of such report and recommendations and notice of the date it will be presented to Council shall be mailed to the applicant at the address listed in the application or otherwise delivered to the applicant. An Applicant that is regulated by the Public Utilities Commission of Ohio that provide a copy of valid certification from the Public Utilities Commission of Ohio including certification pursuant to R.C. 4933.81, et seq. is presumed to have such financial, technical and managerial qualifications as is necessary to provide cable services or competitive video services.

      (2)   Council shall receive such report and recommendations of the Mayor, which may contain a proposed permit, and shall consider the same together with such application; and shall make its determination either that such application should be accepted and the permit approved upon such terms and conditions as the City shall determine, and as herein provided, or that such application should be rejected. In making any determination hereunder as to any application, the City shall provide an opportunity for public input via a public hearing and shall give due consideration to the quality of the service proposed, rates to subscribers, income to the City, experience, character background, and financial responsibility of the applicant and its management and owners, the technical and performance quality of the equipment to be used, the willingness and ability of the applicant to meet construction and physical requirements, policy conditions, permit limitations, and requirements imposed by this chapter or pursuant hereto, and any other considerations deemed pertinent by the City for safeguarding the interest of the City and the public. The City may determine that the award of any permit shall be made on the basis of such considerations with or without competitive bidding, or otherwise in its discretion.

      (3)   If the City shall determine that such application should be rejected, such determination shall be final and conclusive, and the same shall be deemed rejected subject to any rights of appeal as provided by law.

      (4)   The above procedures shall be effective only to the extent not preempted by Federal law.

   (d)   Acceptance of Permit.

      (1)   Any permits hereunder shall become effective upon the filing of written acceptance thereof with the Clerk of Council, with a copy to the Mayor; and such written acceptance shall be and operate as an acceptance of each and every term and condition and limitation contained in this chapter and in such permit.

      (2)   Such written acceptance shall be so filed by the applicant not later than 12:01 p.m. of the tenth business day next following the effective date of the ordinance granting such permit, unless otherwise set forth in such ordinance; and in default of the filing of such written acceptance as herein required, the applicant shall be deemed to have rejected and repudiated the same; and thereafter, the acceptance of any such applicant shall not be received nor filed by the Clerk of Council, and such applicant shall have no rights, remedies or redress in the premises unless and until Council shall, by resolution, determine that such acceptance be received or filed, and then upon such terms and conditions as the City may impose.

         (Ord. 30-07. Passed 4-3-07.)