34-72 Cleveland Area TV, Inc. - Laserfiche WebLink

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(d) A d.e~oslt not ~o exceed $teoO0 a~ a rental charge not to exceed $1.00 monthly for a muItl~chan~eI set top converter. If for any reason, through FederaI reguIation or other~rise and'for reasons vithin or beyond the control of the Company, said Company shall cease to furnish its services to its subscribers, the original installation fee shall be refunded, at a pro,rata basis, to all subscribers who have had the benefit of said service for less than one (1) year, each such subscriber to receive a refund of one-twel£th of said installation fee for each month, or portion thereof, in which the subscriber is not furnished said service by the Company. The Company shall have the right to make all rules and regulations governing its services providing same are uniform and not: inconsistent with the terms hereof. Section 10. In accordance with Section 76.31 (b) of the FCC regulations, the §rantee shall pay to the City, on or before March 31 of each year, a 3% franchise fee based on gross subscriber revenues received for cable television operations in the City for the preceding calendar year. No other fee, charge or consideration shall be imposed, except that, the City Cotrnci][ may impose a fee in excess of 3% but no more than 5% of gros~ subscriber revenues received from cable television operations in the City provided that the FCC, certifies, after appropriate sh=wing made by Grantee, that a franchise fee in excess of 3% but no greater than 5% will not interfere with the effectuatton of Federal regulatory goals in the field of cable television; and after appropriate showings made by the City Council that the franchise fee in excess of 3~ but no greater than 5~ is appropriate in light of · the City's planned regulatory program for cable ~ele~iston. The Oompany shall file within ninety(90) days following the conclusion of each fiscal year of the Company an annual report prepared and audited by an'Independ- ent Certified Public Accountant acceptable to the City showing the yearly total gross subscriber revenues and paymants to the City and any further relevant financial information in regard to the company as may be required by the City. Section 11. All of the terms, conditions, and provisions of the Charter of the City of Lakewood as .it now exists, relating to franchise and-applicable hereto shall be considered a part of this ordinance the same as if such terms, conditions, and provisions were fully written herein. Furthermore, the Company shall at all times comply with all laws, and regulations of the State and Federal Governments or any administrative agency thereof, and if any State or Federal law or regulation shall require the company to perform any service or shall prohibit the Company from performing any service or shall permit the Company to perform any service in conflict with the terms of this franchise or of any law or regulation of the City, then as soon as possible following knowledge thereof, the Company shall notify the City Council of the point of conflict believed to exist between the regulation or law and the laws or regulations of the City or the franchise and the Company shall be governed by the advice of the City Council. Section 12. If any section, sentence, clause or phrase.of the ordinance is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the ordinance', and any portions in conflict are hereby repealed.