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89-079 Ordinance
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89-079 Ordinance
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North Olmsted Legislation
Legislation Number
89-079
Legislation Date
12/3/1989
Year
1989
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services, responses to subscriber complaints and other subscriber service <br />policies. The Grantee is further authorized to establish any business <br />office or offices as it deems necessary for the purpose of receiving <br />inquiries, complaints and requests for repairs or adjustments. <br />SECTION 7: Public Access-Local Origination Services and Programming. <br />The Grantee shall provide such public access and local origination channels <br />and programming which it determines to be in the best interests of its <br />subscribers and are economically feasible; any such services and <br />programming shall appeal to and serve a wide spectrum of interests, issues <br />or groups. <br />SECTION 8: Fees to be Paid to the City. During the duration of this <br />franchise, the Grantee shall pay to the City an annual fee equal to five <br />percent (5~) of the gross receipts received from the residents of the City <br />for all monthly subscriber services provided by the Grantee through the <br />Cable System during the Grantee's fiscal year but excluding any taxes on <br />cable services that may be imposed directly on any subscriber by any <br />governmental entity and collected by the Grantee for such entity. The <br />aforesaid fee shall be paid annually within sixty (60) days following the <br />end of the fiscal year of the Grantee. The Grantee shall also, at the <br />written request of the Mayor of the City and within one hundred eighty <br />(180) days after the end of each fiscal year, have available for review by <br />the Mayor, or a person designated by the Mayor, a copy of the Grantee's <br />annual financial report prepared by an independent certified public <br />accounting firm selected by the Grantee. <br />SECTION 9: Prohibition of Obscene Programming. The Grantee shall not <br />transmit any programming over the Cable System that is obscene. If at any <br />time the Grantee shall be required to provide channel capacity for use by <br />persons unaffiliated with the Grantee, the Grantee shall be entitled to <br />refuse to transmit a program service proffered by such persons if, in the <br />judgment of the City, such program service is obscene, or is in conflict <br />with community standards in that it is lewd, lascivious, filthy, or <br />indecent or is otherwise unprotected by the Constitution of the United <br />States. Furthermore, in order to restrict the viewing of programming which <br />may be considered obscene or indecent, upon the request of a subscriber, <br />the Grantee shall provide (by sale or lease) the means by which the <br />subscriber can prevent the viewing of a particular channel during periods <br />selected by the subscriber. <br />SECTION 10: Transfers and Assignments. The City shall not prohibit or <br />otherwise regulate the transfer of control over the Grantee or the <br />assignment of the assets of the Cable System except as specifically <br />provided for in the Cable Act. Any successor of Grantee shall be bound by <br />the provisions of this ordinance and any subsequent modifications thereof <br />agreed to by Grantee. <br />
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