[HISTORY: Adopted by the Town Council of the Town of Smithfield 12-3-1980 (Ch. 8, Art. II, of the 1985 Code of Ordinances). Amendments noted where applicable.]
In this chapter, the following terms shall have the meanings indicated:
- COMMUNITY ANTENNA TELEVISION SYSTEM, CATV SYSTEM or SYSTEM
- 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.
Editor's Note: State law reference - "Community antenna television system" defined, G.L. 1956, § 39-19-1 et seq.
Any person who erects poles or posts or constructs any conduit or other facility or who maintains cables, wires or fixtures upon, under or over any Town highway or other public place in the Town for the purpose of operating a CATV system must first obtain a permit therefor from the Town Council.
No person shall be permitted to apply for a permit under this chapter unless there shall be in force for same a valid certificate issued by the administrator and chief executive officer of the division of public utilities and carriers of the state authorizing the operation of a CATV system in the state.
Editor's Note: State law reference - Certificate, G.L. 1956, § 39.19-3 et seq.
Each person applying for a permit under this chapter shall file with the Town Clerk the following documents and information:
True and accurate maps or plats of all proposed installations to be erected, constructed or maintained in the Town;
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;
A copy of the applicant's most recent report to its stockholders (if the applicant prepares such a report); and
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 category, 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.
The Town Council shall grant to an applicant a permit pursuant to this chapter only if the Council is satisfied that:
The applicant will at all times employ ordinary care and will 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;
The applicant will install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the state public utilities commission and in such manner that they will not interfere with any installation of the Town or of a public utility serving the Town;
All structures and all lines, equipment and connections over, under and upon the streets, sidewalks, alleys and public ways or places of the Town, wherever situated or located, will at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair;
The applicant will maintain a force of one or more resident agents or employees at all times and will have sufficient employees to provide safe, adequate and prompt service for the facilities;
All transmissions and distribution structures, lines and equipment to be erected by the grantee within the Town 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 said streets, alleys or other public ways and places;
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 public utilities commission and 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;
Any poles or other fixtures placed in any public way by the applicant will be placed in such manner as not to interfere with the usual travel on such public way; and
The applicant will carry sufficient insurance to indemnify the Town for any damages or claims made against the Town by reason of the installation, maintenance or operation of the applicant's CATV system in the Town.
Each recipient of a permit under this chapter is subject to any and all Town 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.
Editor's Note: State law reference - Taxation, G.L. 1956, Title 44.
Each person granted a permit under this chapter will be subject to all ordinances enacted by the Town Council to protect the public health, safety, morals and general welfare of the community.