[R.O. 2016 § 655.010; Ord. No. 1062-14 § 1, 1-14-2014]
The words and phrases used in this
Chapter shall have the meaning as set forth in Section 67.2677, RSMo.,
or, if not defined therein, shall have such meanings as established
by the City Code.
[1]
Editor's Note: Former Ch. 655, Cable Television
Regulations, derived from CC 1994 §§ 44.105 —
44.170, was repealed 12-14-2004 by § 1 of Ord. No. 595-04.
[R.O. 2016 § 655.020; Ord. No. 1062-14 § 1, 1-14-2014]
Pursuant to Section 67.2689, RSMo.,
and as partial compensation for use of the City's public rights-of-way,
each video service provider or other person providing cable services
or video services within the City shall, to the extent permitted by
law, pay to the City a fee of five percent (5%) of the gross revenues
from such video services provider in the City. Such payment shall
be made as required by Section 67.2689, RSMo. The City shall have
the right to audit any video service provider as authorized by Section
67.2691, RSMo. Except as otherwise provided by law, the interest provisions
of Section 144.170, RSMo., and penalty provisions of Section 144.250,
RSMo., relating to delinquent sales taxes shall apply to delinquent
payments of this franchise fee.
[R.O. 2016 § 655.030; Ord. No. 1062-14 § 1, 1-14-2014]
All video service providers providing
service within the City shall adopt and comply with the minimum customer
service requirements set forth in Section 67.2692, RSMo. Notice or
receipt of this Chapter by the video service provider shall be deemed
notice of the City invoking such customer service requirements.
[R.O. 2016 § 655.040; Ord. No. 1062-14 § 1, 1-14-2014]
A.
Video service providers shall comply with
the requirements of Sections 67.2707 and 67.2709, RSMo., and all applicable
ordinances and regulations consistent with Sections 67.1830 to 67.1846,
RSMo., relating to use of the City rights-of-way.
B.
Each video service provider shall indemnify
and hold harmless the City and its officers, employees and agents
from any loss or damage, including, but not limited to, attorneys'
fees, as provided in such ordinances or regulations, but in no event
less than the obligation on video service providers set forth in Section
67.2695, RSMo. The City may require documentation of such indemnification
by written agreement or other instrument to the extent permitted by
law.
C.
In addition, video service providers shall
be subject to and comply with such supplementary provisions relating
to placement, screening and relocation of facilities as provided in
all applicable laws of the City, except as may be otherwise validly
preempted.
D.
Notwithstanding any other ordinance to
the contrary, no facilities to be used for video services shall be
installed without obtaining all required permits from the City authorizing
the location and plans for such facilities, provided that this provision
shall not apply to installation of otherwise lawful and authorized
poles or wires.
[R.O. 2016 § 655.050; Ord. No. 1062-14 § 1, 1-14-2014]
The obligations of a cable service
provider or video service provider as set forth in any existing cable
services or video services franchise shall also continue to apply
to the full extent permitted by applicable law.
[R.O. 2016 § 655.060; Ord. No. 1062-14 § 1, 1-14-2014]
The City retains all rights in Sections
67.2675 through 67.2714, RSMo., inclusive, and may take any and all
actions permitted by law to exercise such rights or to enforce such
obligations on providers of video service.
[R.O. 2016 § 655.070; Ord. No. 1062-14 § 1, 1-14-2014]
A copy of this Chapter shall be delivered
to each video service provider operating in the City after notice
to the City that such provider is authorized to provide service within
the City, provided that the provisions of this Chapter shall, to the
extent permitted by law, not be affected by any claimed or actual
failure of a service provider to have received delivery of a copy
of this Chapter.
