Amending Chapter 7 Entitled Cable Television Franchising

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SUBSTITUTE BILL BILL NO. 17 -83 ORDINANCE NO. 7/6,/43 AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 1, ENTITLED CABLE TELEVISION FRANCHISING STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of South Bend, Indiana, believes that it is in the best interest of public health, safety, welfare and in particular the safety of public ways and places, to establish a procedure for the non - exclusive franchising of cable television systems within the City. This ordinance provides standards for City regulation consistent with Federal Communications Commission rules and regulations and sets forth conditions accompanying the granting of cable television system franchises to qualified applicants and establishes a procedure for regulation and review of same. NOW, THEREFORE, BE IT THEREFORE ORDAINED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: SECTION I. Chapter 7 of the South Bend Municipal Code is amended to be entitled Franchising and to include a new Article 1, entitled Cable Television Franchising, as follows: Article 1. Cable Television Franchising. Section 7 -1. Definitions. For purposes of this Article the following terms, phrases, words, , and their derivations shall have the meanings given herein. Where not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number, and words in the masculine gender include the feminine gender. The word "shall" is always manditory and not merely directory. (a) "Applicant" shall mean any person submitting an application to the Board for a franchise to operate a CATV system under the terms, standards, and conditions set forth in this Article. (b) "Board" shall mean the Board of Public Works of the City of South Bend, Indiana. (c) "Cable television system" or "CATV system" shall mean any facility that, in whole or in part, receives directly or indirectly, over the air or from origina- tion equipment, and amplifies or otherwise modifies the signal transmitting programs broadcast by one or more television or radio stations, and distributes such signals by wire or cable or other electrical conductors and equipment to subscribing members of the public who pay for such service, but such term shall not include any such facility that serves fewer than fifty (50) subscribers, or any such facility that serves only the residents of one or more apartment dwellings under common ownership, control, or management and commercial establishments located on the premises of same. (d) "CATV" shall mean cable television. (e) "City" shall mean South Bend, Indiana.