CATV - CABLE TELEVISION COMMUNICATION SERVICE
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ORDINANCE NO. 2086
AN ORDINANCE OF THE CITY OF CLEAF.WATER, FLORIDA,
TO PROVIDE FOR THE INTENT, PURPOSE, REQUIREMENTS,
REGULA TIONS AND PROHIBITIONS RELATING TO CABLE
COMMUNICA TION SER VICE AND FRANCHISE; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY
OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The intent, purpose, requirements, regulations and
prohibitions relating to Cable Communication Service and Franchise
is hereby enacted as follows:
A. Cable Communication Service
(1) Statement of Legislative Findings, Intent and Purpose.
The Commission finds that the orderly regulation of cable
communications within the City of Clearwater will help insure
the most effective distribution of quality cable communication
service at acceptable rates to the subscribers and reasonable
return to the system operators. The Commission further finds
that it is in the substantial interest of public health, safety and
general welfare to provide reliable television programs to
every person within the City.
It is the purpose and intent of this ordinance to insure insofar
as possible the broadest selection of cable communicaticl'n
programming, including the vital community services of news,
weather, emergency, goverr..I!lent and multi-lingual broadcasts.
Further, it is the purpose and intent of this ordinance to L'7lprove
the quality of home education, service and entertainment by
providing business, religion, sports and other public service
programming, as well as pay television.
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(2) Franchise Requirement.
No person shall operate or participate in the operation
of a cable communication system within the City of Clearwater
without first obtaining a franchise issued by the City of
Clearwater. A cable communication system for the purpose
of this section shall not include a system that serves only
subscribers in one or more multiple unit dwellings under common
ownership, control or management which does not use City
rights - of-way.
(3) Interference with Cable Service Prohibited.
Neither the owner of any multiple unit residential dwelling nor
his agent or representative shall interfere with the right of any
tenant or lawful resident thereof to receive cable comITl'unication
service, cable installation or maintenance from a cable
communication company regulated by and lawfully operating
under a valid and existing cable communication franchise
issued by the City of Clearwater.
(4) Gratuities and Payments to Permit Service Prohibited.
Neither the owner of any multiple unit residential dwelling nor
his agent or representative shall ask, demand or receive any
payment, service or gratuity in any form as a condition for
permitting or cooperating with-the installation of a cable
communication service to t."e dwelling'unit occupied by a tenant
or resident requesting service.
(5) Penalties and Charges to Tenants for Service Prohibited.
- Neither the owner of any multiple unit residential dwelling nor
his agent or representative shall penalize, charge or surcharge
a tenant or resident or forfeit or threaten to forfeit any right
of such tenant or resident, or discriminate in any way against
such tenant or resident who requests or receives cable-
communication service from a franchisee operating under a
valid and existing cable communication franchis e is sued by
the City of Clearwater.
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(6) Reselling Service Prohibited.
No person shall resell, without the expressed, written consent
of both the company and the City, any cable service, program
or signal transmitted by a cable communication company
operating 'Wlder a franchise issued by the City of Clearwater.
(7) Protection of Property Permitted.
Nothing in this ordinance shall prohibit a person from requiring
that cable communications system facilities conform to laws
and regulations and reasonable conditions necessary to protect
safety, functioning, appearance and value of premises or
the convenience and safety of persons and property.
(8) Risks Assumed by Franchisee.
Nothing in this ordinance shall prohibit a person from requiring
a cable communication 'company from agreeing to indemnify the
owner, or his agents or representatives for damages or froIn
liability for damages caus ed by the installation, operation,
maintenance or removal of cable corrununication facilities.
(9) Theft of Services and Tampering.
(a) No person, whether or not a subscriber to the
cable system shall willfully, maliciously or otherwise
damage or caus e to be damaged any wire, cable, conduit,
apparatus, or equipment of company, or commit any act
with intent to cause such damage, or to tap, tamper with or
otherwise connect any ~'ire or device to a wire, cable, conduit,
apparatus, appurtenance or equipment of company with the
intent to obtain a signal or impulse from the cable system
without authorization from or compensation to the company,
or to obtain cable television or other communications service
with intent to cheat or defraud the company of any lawful
charge to which it is entitled.
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(b) Whoever shall violate any provision of this section
shall be guilty of a misdemeanor and shall be liable to a
penalty of not less than One Hundred Dollars ($100.00) for a
first offense and not less than Five Hundred Dollars ($500.00)
nor more than One Thousand Dollars ($1,000.00) for a second
and every subsequent offense. The penalties provided in this
section shall be enforced by appropriate proceedings instituted
by the City or the company.
(10) Censorship Prohibited.
(a) The City shall not prohibit or limit any program or clas s
or type of program or otherwise censor the communications or
signals by the company or other parties over the cable
communications system, other than programs on the designated
government access channel or channels, and shall not pro-
mulgate any regulation or condition which would interfere with
the right of free speech by means of cable television.
(b) The company shall not prohibit or limit any program or
class or type of program presented over any channel made available
for public access, educational access, government access or
leased access purposes.
(c) Neither the company whose facilities are used to transmit a
program produced by a party other than the company pursuant
to the provisions of the franchise, state law, or federal law or
of applicable regulations, nor the officers, directors or employees
of the company shall be liable from damages arising from any
obscene or defamatory statements or actions or invasions of
privacy occurring during any program when the company does
not originate or produce such a program.
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Section 2. All ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.
Section 3. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not aiiect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 5. This ordinance shall take effect immediately upon
its pas sage.
PASSED ON FIRST READING
February 7, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 21, 1980
Attest:
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City Clerk
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