Art. I. In General, Secs. 9 1/2-1--9 1/2-15
Art. II. CATV Regulations, Secs. 9 1/2-16--9 1/2-24
(Editor's note--Ch. No. 3854, adopted Apr. 20, 1981, did not specifically amend this Code; hence inclusion of Secs. 1--9 as ch. 9 1/2, art. II, Secs. 9 1/2-16--9 1/2-24, was at the discretion of the editor.)
The city council of the City of Woonsocket hereby requires, under section 39-19-7 of Rhode Island General Laws, that any person who erects poles or posts or constructs any conduit or other facility or is licensed under any pole attachment license agreement or who maintains cables, wires or fixtures upon, under or over any municipal highway or other public place in the City of Woonsocket for the purpose of operating a CATV service must first obtain a permit from the city council of the City of Woonsocket. (Ch. No. 3854, Sec. 1, 4-20-81)
(1) City is the City of Woonsocket, Rhode Island.
(2) Council is the city council of the City of Woonsocket.
(3) Community antenna television system, hereinafter referred to as "CATV system" or "system," means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off the air and transmit them to subscribers for a fee.
(4) Person is any person, firm, partnership, association, corporation, company or organization of any kind. (Ch. No. 3854, Sec. 2, 4-20-81)
No person shall be permitted to apply for a permit hereunder unless there shall be in force for same a valid compliance certificate issued by the administrator and chief executive officer of the Division of Public Utilities and Carriers of the State of Rhode Island. (Ch. No. 3854, Sec. 3, 4-20-81)
Each person applying hereunder shall file with the city clerk the following documents and information:
(1) A certified copy of the certificate referred to in section 9 1/2-18 above.
(2) True and accurate maps or plats of all proposed installations to be erected, constructed or maintained in the city.
(3) The name and address of the applicant and, in the case of a corporation, the names and addresses of all officers and directors of same.
(4) A copy of the applicant's most recent report to its stockholders (if the applicant prepares such a report).
(5) An income statement applicable to the applicant's operations during the preceding twelve-month period, a balance sheet and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of cost, less applicable depreciation. These reports shall be prepared or approved by a certified public accountant. (Ch. No. 3854, Sec. 4, 4-20-81)
The city council shall grant to an applicant a permit pursuant to this article only if the council is satisfied that:
(1)(a) The applicant will at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(b) The applicant will install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the State of Rhode Island Building Code and in such a manner that they will not interfere with any installations of the city or of a public utility serving the city.
(c) All structures and all lines, equipment and connections over, under and upon the streets, sidewalks, alleys and public ways or places of the city, wherever situated or located, will at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
(2)(a) All transmissions and distribution structures, lines and equipment to be erected by the grantee within the city will be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the streets, alleys or other public ways and places.
(b) In case of disturbance of any street, sidewalk, alley, public way or paved area, the applicant will, at its own cost and expense, and in a manner approved by the director of public works, replace and restore such street, sidewalk, alley, public way or paved area in as good a condition as before the work involving such disturbance was done.
(c) Any poles, cables or other fixtures placed in any public way by the applicant will be placed in such a manner as not to interfere with the usual travel on such public way.
(3) The applicant will carry sufficient insurance to indemnify the city for any damages or claims made against the city by reason of the installation, maintenance or operation of the applicant's CATV cables in the city. (Ch. No. 3854, Sec. 5, 4-20-81)
Each recipient of a permit hereunder is subject to any and all municipal property taxes in real estate and tangible personal property, which includes any and all cables, wires, lines, ducts, conduits, poles or posts and other fixtures owned by a CATV company and used by it for the distribution of television signals. (Ch. No. 3854, Sec. 6, 4-20-81)
The permittee shall at all times during the duration of the permit be subject to all lawful ordinances in the city, rules governing community antenna television systems of the division of public utilities and carriers, and the laws of the State of Rhode Island, together with such provisions that may be incorporated in the construction certificate or operation certificate issued by the division of public utilities and carriers. (Ch. No. 3854, Sec. 7, 4-20-81)
The permittee shall coordinate and consult with the department of planning and development, the public works department, and the fire alarm superintendent prior to any and all construction and installation of said cable system. (Ch. No. 3854, Sec. 8, 4-20-81)
In addition to all other rights and powers pertaining to the city by virtue of any permit or otherwise, the city reserves the right to terminate and cancel any permit and all rights and privileges of the permittee hereunder in the event that the permittee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt. (Ch. No. 3854, Sec. 9, 4-20-81)