[HISTORY: Adopted by the Township Board of the Charter Township of Cascade 6-10-1998 by Ord. No. 10-1998 (Part 17 of the 1991 Compilation of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Right-of-way management — See Ch. 342, Arts. I and II.
Franchises — See Ch. A410.
All multichannel video providers shall obtain a consent agreement or franchise from the Charter Township of Cascade prior to providing service to any resident, business or person within the Township, and shall have a consent agreement or franchise in full force and effect at all times while such service is being provided.
As used in this chapter, the following terms shall have the meanings indicated:
MULTICHANNEL VIDEO PROVIDER
A person or entity who meets one or more of the following tests:
A. 
The provider is a cable operator as such term is defined in the Federal Cable Act, being Title VI of the Federal Communications Act of 1934, 47 U.S.C. §§ 521 and following, as amended, or is otherwise required to obtain a franchise as such term is defined in such Act.
B. 
The provider is an operator of an open video system as such term is defined in Title VI of the Federal Communications Act of 1934, and implementing regulations, as amended.
C. 
Any person or entity who provides multichannel video service to a resident, business or person within the Township, where such service is transmitted in whole or in part via wires or lines that are in or cross any public right-of-way within the Township. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose. "Multichannel video service" as used herein shall mean multiple channels of video programming where the individual video channels are generally considered comparable to programming provided by a television broadcast station or by a direct home satellite service.
D. 
A person or entity providing multichannel video service is otherwise required to obtain a franchise or consent agreement under applicable law.
A. 
Any person who violates any provision of this chapter shall be responsible for a municipal civil infraction, subject to the penalties in Chapter 40, Article IV, Penalties for Misdemeanors and Municipal Civil Infractions.
B. 
The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law or equity.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).