55-82 Agreement with Complexicable

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The scheduled attachment fees shall include that material and labor necessary to make a normal type connection from the Company's lines to the sub- scriber's receiver. (a) Charge for initial a'~tachment for single outlet Shall be at the maximum rate of $15.00 each. Charge for extensions from initial attachment shall be at the maximum rate of $5.00 each. Exten- sions shall be limited to the commercial structure and/or dwelling residence unit to be serviced by the initial attachment. (b) Charge for transmission to single set receiving signals initial attachment shall be at the maximum rate of $5.90 per month. (c) Charge for transmission to each set receiving signals on exten- sions or extensions from initial attachment shall be at the rate of $1.00 per month. (d) A deposit not to exceed $10.00 and a rental charge not to exceed $1.00 monthly for a multi-channel set top converter. If for any reason, through Federal regulation or otherwise and for reasons within 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 year, each such subscriber to receive a refund of one-twelfth 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 exercise the power specified in Paragraph one hereof by ordinance with a determination that such action is necssary to comply with the requirements of Paragraph two hereof. 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 of the FCC regulations the Company 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 Council may impose a fee in excess of 3% but no more than 5% of gross subscriber revenues received from cable television operations in the City provided that the FCC, certifies, after appropriate showing made by the Company, that a franchise fee in excess of 3% but no greater than 5% will not interfere with the effectuation 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 television. The Company shall file within ninety (90) days following the conclusion of each fiscal year of the Company an annual report prepared and audited by an independent Certified Public Accountant acceptable to the City showing the yearly total gross subscriber revenues and payments to the City and any further relevant financial information in regard to the company as may be required by the City. Section ll. All of the terms, conditions, and provisions of the Char- ter of the City of Lakewood as it now exists, relating to franchise and appli- cable 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 of 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 pos- sible 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 govern- ed by the advice of City Council.