[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:
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.[1]
[1]
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.[1]
[1]
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:
B.
True and accurate maps or plats of all proposed installations
to be erected, constructed or maintained in the Town;
C.
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;
D.
A copy of the applicant's most recent report to its stockholders
(if the applicant prepares such a report); and
E.
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:
A.
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;
B.
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;
C.
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;
D.
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;
E.
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;
F.
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;
G.
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
H.
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.[1]
[1]
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.
