HomeMy Public PortalAboutOrdinances-1988-149 . 1 C,t,,,"
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ORDINANCE NO. 1988-149
AN ORDINANCE REGULATING CABLE TELEVISION
SYSTEMS WITHIN THE CITY OF TIFFIN, IOWA.
. BE IT ENACTED by the City Council of the City .
1 of Tiffin, Iowa : 1
SECTION 1. Purpose. {
A. The purpose of this chapter is provide
regulatory provisions of cable television1.systems in the
city of Tiffin.
B. The ordinance codified in this chapter' shall be
known and may be cited as the "Tiffin Cable Television
Regulatory Ordinance. "
SECTION 2. Definitions. For the purpose of this
chapter, the following terms, phrases, words and
derivations shall ahve the meaning given in this
section.
. I "Cable television system The term "cable
television system" shall mean any facility that, in
Whole or in part, receives directly, or indirectly over .
the air, and amplifies or otherwise modifies the ,signals
transmitting programs broadcase by one or more
television or radio stations and distributes such
signals, by wire or cable, to subscribing members of the
public who pay for such services.
1. "Channel" . The term "channel" shall mean the
segment of the electro-magnetic spectrum to which a
source of television transmission is assigned. ''
"City" . The term "City" shall mean the City of .
Tiffin, -Iowa. When the context so requires, the term
'City" shall mean, and include the City, its officers,
agents, employees, servants and independent contractors.
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1, "Federal Communications Commission" or "FCC" .
The terms "Federal Communications Commission" or "FCC" means
that federal agency` constituted by the Communication Act ,,
ojf 1934 as amended.
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"Franchise" . The term "franchise" shall mean the
rights, privileges, and authority granted by the City to
the Grantee hereunder and shall include all of the terms
and conditions of this ordinance.
"Grantee" . The term "Grantee" shall mean any
II corporation, partnership, or individual granted a non-
exclusive franchise to provide cable television services •
in Tiffin, Iowa.
"Gross Subscriber Revenues" . The term "gross
subscriber revenues" shall mean only .those revenues
derived from the monthly servie charges paid by
subscribers located within the City for regular cable
television reception service, which service includes
only the transmission or broadcast signals and 'the
programming presented on the required access and
originations channels, if any. Gross subscriber
revenues shall not include any revenue received':
1. As reimbursement of expense in the operation of
any access channels;
2 . As advertising payments; •
3. From the .leasing of cable channels;
4. From programs for' which a per-channel, per-
program or tier charge is made; and
5. From furnishin g other communications and
nonbroadcast services either directly or as a carrier
for another party or any other income derived from the
system. Gross subscriber revenues shall also not
include revenues received as installation charges and
fees for reconnections, inspections, repairs or,
modifications of any installments.
"Person" . The term "person" shall mean any
individual, or any corporation, business, firm, or other
entity, ,and shall be construed as singular or plural , or
masculine, feminine, or neuter, as the context may
require.
"Private Property" . The term "private property"
shall mean all property, real , personal, or mixed, owned
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by a private person, including property owned by a
public utility not owned or operated by the City.
"Property of the Grantee. The term "property of
the Grantee" shall mean all property, real, personal ,
or mixed, owned or used by the Grantee however arising
from or related to or connected with the franchise.
"Public Property" . The term "public property "
shall mean all property, real, personal or mixed, .owned
or used by the City, including property owned or used by
a public utility owned or operated by the City.
SECTION 3. Use of Property. The Grantee may use
public property within the City and, with the written
consent of the owner thereof, private property "within
the City, in furtherance of such activities within the
City as may now or hereinafter be consistent with
generally accepted principles applicable to the
operation of a cable television system; subject,
however, to the following- restrictions: '
a. The Grantees shall comply with all governmental
laws, ordinances, rules, or regulations as amy now or
hereinafter be applicable thereto.
b. The Grantee shall not use or occupy or permit
public property to be used or occupied or do or permit
anything to be done on or about public property or
private property which will in any manner:
i. impair the owner' s interest in or title
thereto;
ii. impair any mortgage or lease any may now or
• hereinafter be applicable thereto;
iii. adversely affect the existing value or
character thereof;
iv. cause or be likely to cause any structural
damage;
v. cause or be likely to cause anykdamage or
injury to any utility service available thereto;
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vi. create a public or private nuisance, cause
any offensive or obnoxious vibration, noise, odor, or
undesireable effect, or interfere with the safety,
comfort, or convenience of the owner thereof, and
persons lawfully on or about the same; •
vii: violate' the rules, regulations, and
requirements of any person furnishing utilities or
services thereto; or
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viii. make void or voidable any insurance .then in
force affecting the same or cause an increase in the
rates applicable thereto. •
SECTION 4. Taxes. The Grantee shall pay all real
estate taxes, special assessments, personal property
taxes, license fees, permit fees and other charges of a
like nature which may be taxes, charged, assessed, .
levied, or imposed upon the property of the Grantee
and upon any services rendered by the Grantee.
SECTION 5. Insurance. The Grantee shall indemnify
the City, and hold it harmless from all liability,
damage, cost or expense ,arising from claims of injury to
persons or damage to property occasioned by reason of
any conduct undertaken pursuant to this ordinance.
The Grantee shall, at all times during the term of
the franchise, carry and require their contractors to
carry:
a. Insurance in such forms and in such
companies as shall be approved by the City to protect
the City and Grantee from and against any and all
claims, injury, or damage to persons or property, both
real and personal , caused by the . construction, erection,
operation, and maintenance of any structure, equipment, •
or appliance, or by reason by any conduct undertaken
pursuant to this ordinance. The amounts of insurance to
• be carried for liability due to property damage shall be
Five Hundred Thousand Dollars ($500,000.00) as to any
one occurrence and against liability due to injury or
death of persons, Five Hundred Thousand Dollars '
($500,000. 00) as to any one person and One Million
Dollars ($1,000, 000 .00) as to any one occurrence.
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b. Workers ' compensation insurance with
statutory limits, and employer' s liability insurance
with limits of not less than One Hundred Thousand
Dollars ($100,000.00) , which shall cover all operations
to be performed by the Grantee as a result of this
ordinance.
c. Automobile insurance with limits of not
less than One Hundred Thousand Dollars
($100,000. 00) /Three Hundred Thousand Dollars
($300', 000.00) of public liability coverage and
automobile property damage insurance with a limit of not
less than One Hundred Thousand Dollars ($100,000.00)
covering all automobile equipment, with so-called
umbrella coverage of at least One Million Dollars
($1,000, 000. 00) .
Grantee' s workman' s compensation, comprehensive
general liability and comprehensive automobile liability
insurance shall be written by an insurance company
authorized to do business in the State of Iowa.
All of said insurance coverage' shall provide a ten
(10) day notice to the City in the event of material
alteration or cancellation of any coverage` afforded in •
said policies prior to the date said material
alteration or cancellation shall become effective.
Copies of all insurance policies required hereunder
shall be furnished to and filed with the City prior to '
the commencement of operations or the expiration of
prior policies, as the case may be.
SECTION 6. Hold Harmless. During the term of the
franchise, the Grantee absolutely assumes and agrees to
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pay the City for, and the'Grantee forever indemnifies •
the City against, and agrees to hold harmless and save
the City harmless from any and all damage, injury, -
costs, expenses, liability, claims, settlement,
judgments, decrees, and awards of every; kind and nature
whatsoever, including attorney' s fees, costs, and
disbursements, that may ever be claimed against the City
by any person whatsoever, including attorney' s fees,
costs, and disbursements, that may ever be claimed
against the City by any person whatsoever, or on account
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of any actual or alleged loss, damage or injury related
to or connected with, (directly or indirectly)
(a) any injury to or death of any person, or
loss, damage, or injury to any property of the Grantee.
(b) any non-observance by the Grantee of the
provisions of any laws, statutes, ordinances,
resolutions, regulations, or rules duly promulgated by
any governmental entity which may be applicable directly
' or indirectly, to rights, privileges, and authority, and
under the obligations and liabiiities, assumed by the
Grantee under the franchise.
(c) any non-observance by the Grantee 'of any
of the terms and conditions of the franchise.
(d) the granting of the franchise.
SECTION 7. Assignment. The Grantee shall not
assign or transfer any right granted under this
ordinance to any other person, company, or corporation
without prior consent of the City Council, which consent
shall not be unreasonably withheld, provided that `the
Grantee shall have the right to assign the provisions of
this ordinance to a corporation wholly owned by the
Grantee, or to a limited partnership of which the
Grantee is a general partner, without prior consent of
the City.
SECTION 8. Insolvency of Grantee. In the event
that the Grantee shall become insolvent, be declared a
bankrupt, or the property of the Grantee' shall come into
the possession of any receiver, assignee, or other'
officers acting under an order of court,,, and such
receiver, assignee, or other such officer shall not be
discharged within sixty (60) days after taking
possession of such property, the` Ctty may, at its
option, terminate the franchise by giving written notice
thereof to the Grantee.
SECTION 9. Default of Grantee. In the event' that
Grantee shall fail to comply with any terms and,'
conditions of the franchise within thirty (30) days
after receipt' of notice in writing from the City
specifying the failure or default, the City may, at its
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option, terminate the franchise by giving written notice
thereof to the Grantee. This section shall not 'apply to
failures or defaults .beyond the reasonable control of
the Grantee.
SECTION 10 . Termination. Upon termination of the
franchise for any cause, the Grantee shall remove the
property of the Grantee from all public; property and
private property within the City and 'shall return such
public property and private property to the owner
thereof in the same condition as when the pr_oper.ty of
the Grantee was placed thereon, ordinary wear and tear
excepted.
SECTION 11. Compliance with- Applicable Law.
During the term of the franchise the Grantee shall •
comply wth all governmental laws, ordinances, rules, or
regulations as may now or hereinafter be applicable to
the construction, operation, maintenance, repair,
replacement, renewal , reconstruction, and removal of a
cable television system, the sale and supply of audio
and video communications services, the use of public
property and private property and the engagement. in such
further activities as may now or hereinafter be
consistent with generally accepted principles applicable
to the operation of a cable television system.
SECTION 12. Compliance -- National Electrical
Safety Code. The construction, operation, and
maintenance of this system by the Grantee shall be in
full compliance with such portions of the National
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Electrical Safety Code as may be applicable. All
facilities and equipment of the Grantee shall be
constructed and maintained in accordance with the
requirements of the National Electrical Safety Code.
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SECTION 13. Compliance -- FFC Rules and
Regulations. The Grantee shall , at all times, comply
with the rules , and regulations of the FCC governing
. cable television operations.
Any modifications to Section 76. 31 of Subpart C of
the regulations of the FCC applicable to the cable
television system shall be incorporated into the
franchise by amendment to this ordinance within one (1)
year of the effective date of such modification, or at
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the time or renewal of the franchise, whichever occurs
first.
The Grantee shall notify the FCC of the granting of '
the franchise as required by the regulations of the FCC.
SECTION 14. Construction and Operation Schedule.
The Grantee shall accomplish significant construction
of at least twenty percent (20%) within one year after
receiving FCC certification and other necessary Federal
approvals, and shall thereafter reasonably make. cable
service available to all residents of the City, ',subject
to the line extension provisions Of Section 21,
within two (2) years of receiving above Federal `
approval .
SECTION 15. Installation and Maintenance of
Property of the Grantee. During the term of the
franchise, the property of the, Grantee shall be
constructed, operated, maintained, repaired, replaced,
renewed, reconstructed, and removed in accordance with
generally accepted engineering principles so as not to
endanger or interfere with the lives of persons or to
interfere with improvements which the City may deem
property or unnecessarily hinder or obstruct pedestrian
or vehicular traffic or use of public or private
property.
The Grantee shall construct its cable system using •
material of good and durable quality, and all work •
involved in the construction, installation, maintenance,
and repair of the cable system shall be performed in a
safe, thorough and reliable manner. All municipal
property damaged or destroyed shall be promptly repaired
or replaced by the Grantee.
During the term of the franchise, the Grantee
shall, at its own 'expense, make all necessary repairs
and replacements to the property of the Grantee. Such
repairs and replacements, interior and exterior,
ordinary as well as extraordinary, and structural as
well as nonstructural ,_ shall be made promptly, when
needed. z
In the event that the City elects to alter or
change the grade of any street, alley or other public
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way, the Grantee, upon notice by the City shall remove,
relay, or relocate its wires, cables, or other fixtures
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at the Grantee' s own expense.
SECTION 16. Interference. The Grantee' s cable •
television system shall be so designed, engineered, and.
maintained so as not to interfere with the radio and
television reception of persons who are not subscribers
of the Grantee.
SECTION 17. Installation of Cables. The Grantee
shall have the right, privilege, and authority to lease,
rent, or in any other manner obtain the use of wooden
poles with overhead lines, conduits, trenches, ducts,
lines, cables, and other equipment and facilities` from
any and all holders or public licenses and franchises
`within the City, and to use such poles,t conduits,
trenches, ducts, lines, and cables in the course of its
business. The Grantee shall install its cable on the
existing poles owned by other; holders of public licenses
and franchises with the City whenever possible for the
installation of its cable. When installation of cable
on poles is insufficient, or when holders or other
public licenses or franchises have both installed
underground cable, ,then in that event, the cable used by
the Grantees shall. be installed underground.
SECTION 18. Restoration of Ground Surface. In case
of any disturbance of pavement, sidewalk, driveway, or
other surfacing, the Grantee shall , at its own cost and
expense and in a manner approved by the City, replace
and restore all paving;' sidewalk, driveway, or surface
of any street or alley distributed in as good a
condition as before said work was commenced.
SECTION 19 . Temporary Removal of Cables. The
Grantee shall , on the request of any person holding a
building moving permit issued by the City, temporarily
raise or lower its cables to permit the moving of
buildings. The expense of such temporary removal,
raising, or lowering of cables shall be paid by the
person requesting the same and the Grantee shall have
the authority to require such payment in advance. The
Grantee shall be given not less than forty-eight (48)
'hours advance' notice to arrange for such temporary cable
changes. ,
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SECTION 20. Tree Trimming. The Grantee shall have •
the authority to trim trees upon and overhanging
streets, alleys, sidewalks, and public places of the
City so as to prevent the branches of such trees from
coming in contact with the cables of the` Grantee. All
trimming shall be done at the expense of the Grantee.
SECTION 21. Line Extensions.
a. It shall be the obligation of the Grantee to
serve all residents of the City except to the extent
that density of homes, adverse terrain, or other factors •
render providing servide impracticable, technically
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unfeasible or economically non-compensatory. For
purposes of determining compliance with the provisions
of this Section, and to provide for a reasonable and
non-discriminatory policy governing, extensions of cable
service within the City, the Grantee shall extend
service to new subscribers at the normal installation
charge and monthly rate for customers of that
classification where there are an average of thirty (30)
homes per each linear mile of new cable construction. .
b. In the event that the requirements of
subsection (a) are not met, extensions of service shall
be required only, on a basis which is reasonable and
compensatory.
SECTION 22. City Rights.
A. City Rules. The right is reserved by the City
to adopt, in addition to the provisions contained in
this ordinance and existing applicable ordinances, such
additional regulations as it shall find necessary in the
exercise of the police power; provided, that such
regulations, by ordinance or otherwise, shall be
reasonable and not in conflict with the rights granted
in this ordinance, and shall not be in conflict =with the
applicable laws of the State or the United States, or
any FCC regulations.
B. Emergency. In case of any emergency, the
Grantee shall , upon request of the City, make available
its facilities to the City for emergency use during the
emergency period.
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C. Liability. The City shall not be liable for r:
any damage occurring to the property of the Grantee
caused by employees of the City in performance of their
duties. The City shall not be liable for the
interruption of service by actions of City employees in
the performance of their duties, nor shall the City be
held liable for the failure of the Grantee to be able to
perform normal services due to other factors beyond the
control of the City.
D. No Property Right. Nothing in this ordinance
shall grant to the Grantee any right of property in the
City-owned property.
E. Construction Approval by City. The City shall
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have the right to inspect the construction, operation,
and maintenance of the system by the Grantee to insure
the proper performance of the terms of the regulatory
ordinance.
F. Correction of Defects. In the event the
Grantee should violate any of the terms of the
regulatory ordinance codified in this ordinance, the
City shall immediately give to the Grantee sixty (60)
days' written notice to correct such violation and in
the event the Grantee does not make,, such correction
within sixty (60) days from the receipt of such written
notice, the City may make such correction itself and
charge the cost of same to the Grantee, and the Grantee
shall pay such charged within thirty (30) days.
SECTION 23. Access. The Grantee shall and does
hereby grant to the City the right to enter upon, the
property of the Grantee, upon reasonable notice, at any
and all reasonable times to inspect the same for
purposes pertaining to the rights of the City.
SECTION 24. Service Requirements. During the term
of the franchise the Grantee shall furnish reasonable,
adequate, and efficient cable television service to
subscriber terminals.
The foregoing requirements may be temporarily
suspended due to circumstances beyond the reasonable
control of the Grantee.
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SECTION 25. Service Procedures. During the term
of this ordinance, a toll-free telephone number shall be
provided by the Grantee to receive complaints regrding
quality of service equipment malfunctions and similar
matters. The office shall be open to receive inquiries
or complaints from subscribers during normal business
hours, Monday through Friday.
A. Any complaints from subscribers shall be
investigated and acted upon as soon as possible; but at
least within five (5) business days of their receipt.
The Grantee 'shall keep a maintenance service log which
will indicate the nature of each service complaint, and
the date and time it was received.
B. The Grantee shall, by appropriate 'means, such
as a card or brochure, as subscribers are connected or
reconnected to the system, furnish information
concerning the procedures for making inquiries and/or
complaints, including the name, address, and toll-free
number of the Grantee.
C. The equipment installed by the Grantee on
behalf of the subscriber shall remain the property of
the Grantee, and shall be subject to reasonable
inspection and service by the Grantee. at reasonable
hours, and removal upon non-payment or termination of
the service.
D. In the event that any subcriber shall fail to
meet his obligations according to payment for services
and to meet reasonable Grantee rules and. regulations,
the Grantee shall have the right to withhold or ,deny
services to such subscriber.
SECTION 26. Service Rules and ,Regulatons. 411he
Grantee shall have the right to prescribe reasonable
service rules and regulations and 'operating rules for
the conduct of its business.
Such rules and regulations shall be consistent with
the terms and conditions of the franchise.
The Grantee shall file such rules and regulations,
and all amendments ,thereto, with the City.
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SECTION 27. Service Agreements. The Grantee shall
have the right to prescribe a reasonable form of, service
agreement for use between the grantee and its
subscribers.
Such service agreement shall be consistent with the
terms and conditions ,of the franchise.
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SECTION 28. Performance Standards. The Grantee
shall produce a picture in black and white or in color
that is of hight quality accompanied by proper sound on •
typical standard television sets in good repair.. The
Grantee shall also transmit signals of adequate strength
to produce good pictures with good sound at all
subscriber terminals throughout the City without causing
cross modulation in the 'cables or interfering with other
electrical or electronic systems.
SECTION 29 . Channel Capacity and .Performance.
During the term of the franchise the cable television •
systems of the Grantee shall conform to the channel
capacity and performance requirements contained in the , , _
regulations of the FCC as updated.
SECTION 30. Installation and Maintenance of
Subscriber Terminals in City Buildings and Schools.
During the franchise the Grantee shall, at its sole •
cost, install and maintain a basic service subscriber
terminal in such buildings owned or used by the City,
and in such buildings owned or used by recognized •
education authorities within the City, both ,public and
private, as may be designated by the governing body •
having jurisdictioN thereof. Such subscriber. terminals
shall be placed in suchilocation within such buildings
as may be designated by the governing body having
jurisdiction thereof. This provision is meant to apply
only to those buildings accessible to Grantee' s, system.
SECTION 31. Telecast of Educational Activities.
The. Grantee. shall not cablecase, tape, reproduce, or
otherwise convey to its subscribers the activities of
any recognized educational authority, public or private,
without the written consent of the governing body of
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SECTION 32. Program Alteration. Any signal •
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received by the Grantee from a television broadcast
station shall be cablecast by the Grantee in its
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entirety, as received, without alteration.
SECTION 33 . Rates and Charges--Designated.
A. Except as otherwise provided, the Grantee shall
have the right, privilege and authority to charge the ,
rates and charges fixed in this section to its
subscribers for its service.
B. At system turnon single-user rates and charges
may be as follows: Description:' :.
Installation--Not to exceed 25. 00 per
standard.
Basic Service Charge--Initial Outlet-Not to
exceed 11 . 50 monthly.
Basic Service Charge—Additional. Outlet (s) Each-
Not to exceed 2. 00 monthly.
C. Multi-user rates and charges may be negotiated
between the Grantee and the subscriber, but in no event
shall the multi-user rates and charges for any
subscriber exceed the aggregate of rates and charges
which would be charged to the multi-user if completed on
the basis of the .single-user rates and charges.
D. In addition to the specified monthly service
rate, the Grantee may add to that rate, taxes or city
fees imposed upon the Grantee' s gross subscriber
revenues by city, county, state or federal governmental
or legislative bodies and fees or charges imposed upon •
the Grantee for the use and distribution of copyrighted
program material .
E. Grantee may, at its own discretion, waive,
reduce or suspend connection fees for specific or
indeterminate periods and/or monthy servide fees for
promotional purposes.
F. There will be no installation charge during the
time of construction for the first thirty (30) days
after the local feeder cable is available for
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connection.
G. A current schedule of rates will be kept on
file with the City Clerk.
H. For purposes of this section, "basic monthly
cable television service" is the provision of television
broadcast signals and access and origination channels,
if any, and does not include advertising services,
rental or studios or equipment, provision of program
production services, per-channel or per-program charges
to subscribers ("pay cable" ) , rental or channels, sale
of channel time, provision of commercial services such
as security systems, or any other services of the
system, the rates and charges for which shall not
require approval of the City.
I . Grantee shall have the right to change 'the
rates for basic monthly cable television service,
provided that rate increases shall not occur less than
one (1) year apart from one to the next.
SECTION 34. Payments to the City.
A. During each year of operation under this
ordinance, the Grantee shall pay to the City three
percent (3%) -of the annual gross subscriber revenues
received by the Grantee for regular monthly cable
television services rendered to customers located within
the City. At the time of this annual payment, the
Grantee shall furnish the City with an operating report
showing the Grantee' s annual gross subscriber revenues
during the preceding year.
B. All payments as required by the Grantee to the
City shall be made semi-annually and shall be due forty-
five (45) days after the close of the six (6) month
period.
SECTION '35. Protection of Privacy.
A. Grantee shall not permit the installation of
any special terminal equipment in any subscriber' s
premises that will permit transmission from subscriber' s
premises of two-way services utilizing aural , visual or
digital signals without first obtaining written
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permission of the subscriber.
B. It is .unlawful for any person to attach or
affix or cause to be attached or affixed any equipment
or device which allows access or use of the cable
television service without payment to the Grantee for •
same. Such action shall be a simple misdemeanor.
SECTION 36. Program Content Restrictions. ; In
addition to providing basic cable television service
consisting of broadcast and automated signals, the
Grantee may offer subscribers optional services ,on a
per-program or per-channel basis. However, the Grantee
shall not display X-rated motion pictures either as part
of its basic cable or pay cable services.
SECTION 37. Injury to Property of the Grantee. No
person` shall wrongfully or unlawfully injury the
property of the Grantee.
SECTION 38. Intercepting Signals of the Grantee.
No person shall wrongfulkly or unlawfully intercept the
signals of the Grantee.
SECTION 39 . Penalty. Any person violating any of
the provisions of Section 37 or 38 of this
ordinance shall , upon conviction, be subject to a fine
of not to exceed One Hundred Dollars ($100.00) or •
imprisonment not exceeding thirty (30) days.
SECTION 40. Recordkeeping. The Grantee shall keep •
accurate and current records, maps, and plans, and these
items shall be made available for inspection by the
City.
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SECTION 41. Filing of Reports. One or before -
April 1st of each year, the Grantee shall file with the
City copies of FCC Form 325 and FCC Form 326 for the
preceding calendar year.
SECTION 42. Filing of Maps and Plats. Oh; or
before April 1st of each year, the Grantee shall file
with the City 'mapes and plats showing the location and
nature of all new property of the Grantee within the
City as of the end of the preceding calendar year.
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SECTION 43. Filing of Communications with
Regulatory Agencies. The Grantee shall file with the
City copies of all petitions, applications, and
communications submitted by the Grantee to any
regulatory agency having jurisdiction over the Grantee.
SECTION 44. Discrimination Prohibited. The
Grantee shall not grant any undue preference or
advantage to any person, nor subject any person ;to •
prejudice or disadvantage with respect to rates,
charges, services, service facilities, rules,
regulations, or in any other respect.
SECTION 45. Arbitration. Any controversy 'between
the City and the Grantee regarding the rights, duties or
liabilities of either party under the franchise shall be
settled by arbitration.
This section shall not apply to termination.
proceedings under Section 10.
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Such arbitration shall be before three (3)
disinterested arbitrators, onek (1) named by the City,
one (1) named by the Grantee, and" one (1) named by the
two (2) chosen. The decision of the arbitrators shall
be conclusive and shall be enforced in accordance with
the laws of the State of Iowa. •
SECTION 46 . Reservations. The right is reserved
to the City Council or its successor or equivalent 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 power.
SECTION 47. Publication. The City Clerk is
hereby authorized and directed to cause publication of
this ordinance to be made as provided by the Code of
Iowa.
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SECTION 48. Repealer. That all ordinances in
conflict herewith. are hereby repealed.
SECTION 49 . Severability. If any section,
provision, or part of this ordinance shall be adjudged •
to be unconstitutional, illegal, invalid, it shall not
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affect the validity of this ordinance as ' a whole , or any
section , provision , or part thereof not adjudged to be
unconstitutional , illegal , invalid, or inapplicable to
any person or circumstance .
SECTION 50 . Effective Date . This ordinance shall
be in full force and effect from and after its fianl
passage , approval , and publication as required by law .
Passed by the City Council on this 8th day of June , 1988
as approved this 8th day of June , 1988 .
ATTEST :
CLCIL121-1- s)21 f-CK
pdt.c.) -40 -
s R . Potter , Mayor Adelia S . Kern , Clerk-Treausrer
Councilman Morgan introduced the foregoing ordinance
which was then duly read and considered by the council .
Its adoption was moved by Spivey and seconded by Councilman
Stratton . On roll call vote Councilman Spivey , Stoner , Morgan ,
Stratton voted "Aye ;],. "Nays . " Eggers , absent .
Whereupon the Mayor declared the motion carried . Councilman
Stratton then moved that the rule or law requiring three
readings of this ordinance on three different dates be dispensed
with . Seconded by Morgan . On roll call vote Councilman
Spivey , Stoner, Morgan , Stratton voted "Ayes" .
"Nays . " Eggers , absent .
Whreupon the Mayor declared this motion carried . Councilman
Stratton moved and seconded by Morgan for final adoption of
Ordinance No . 1988-149. On roll call vote Councilman Spivey ,
Morgan , Stoner , Stratton voted "Ayes . " "Nays . "
Eggers , absent.
The Mayor then declared this ordinance duly passed and sopted
on this 8th day of June , 1988 .
ATTEST:
)1111 -3P14-- 4). 4<to...)
Glenn R . Potter , Mayor Adelis S . Kern , Clerk-Treasurer
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The foregoing ordinance entitled AN ORDINANCE REGULATING
CABLE TELEVISION SYSTEMS WITHIN IHE UllY Ufr IlhfriN , IUWA
, was published on the 22 day of
June , 1988 by posting copies thereof in three
public places within the limits, two of which are the
mayor ' s office and the post office.
Adelia S. Kern, Clerk-Treasurer
I , Adelia S. Kern, City Clerk of Tiffin, Iowa, do
hereby certify that the above is a true and correct copy
of Ordinance No. 149 passed by the City Council
of Tiffin, Iowa, at a regular meeting held on the 8th
day of June , 1988, as the same appears on file in
my office.
DATED this 8th day of June , 1988.
Adelia S. Kern
Clerk-Treasurer
Ii
k
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