§ A252-4. Permit fee; charges.

A. 

In consideration of the terms of this permit, the permittee shall pay to the Village of Scotia, on or before March 31 of each year, a permit fee of three percent (3%) based on gross subscriber revenues received for cable television operations in the village for the preceding calendar year. No other fee, charge or consideration shall be imposed, except that the Village Board of Trustees may impose a fee in excess of three percent (3%) but not more than five percent (5%) of gross subscriber revenues received from cable television operations in the village, provided that the Federal Communications Commission (FCC) certifies, after appropriate showing made by the permittee, that a permit fee in excess of three percent (3%) but no greater than five percent (5%) will not interfere with the effectuation of federal regulatory goals in the field of cable television and, after appropriate showings made by the Village Board of Trustees, that the permit fee in excess of three percent (3%) but no greater than five percent (5%) is appropriate in light of the village's planned regulatory program for cable television.

(1) 

Such payment shall be deemed compensation for services rendered, supervision and inspection of equipment and facilities and for other expenses relating to the installation and operation of the system on the part of the village as provided in this ordinance.

(2) 

The permittee shall keep complete records of accounts showing dates and payments received. The duly authorized agent of this municipality shall have the right, powers and authority to inspect the gross monthly service charge records of the permittee.

B. 

In addition thereto, the permittee shall file with the Village Clerk-Treasurer and shall keep in its local office, to be available for inspection by the village, a copy of the rules, regulations, terms and conditions adopted by the permittee and in effect with its subscribers. The permittee shall also keep available at its local office, to be available for inspection by the village, and shall file with the Village Clerk-Treasurer an annual summary report showing the gross monthly service charge revenues received by the permittee from its operations within the village during the preceding annual periods as above described.

C. 

The permittee shall submit to the village, prior to offering Community Antenna Television (CATV) service, the form of its subscriber's agreement and shall submit to the village any subsequent changes in that agreement.

D. 

The charges for residential CATV service shall be as follows:

[Amended 12-8-1971; 10-11-1972; 8-21-1974; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]

Type of Service				Rate
Residential
	Installation charge
		First receiver outlet
			Aerial service	$19.95
			Underground service	39.90
		Each extra outlet		9.95
	Basic monthly charge
		First outlet
			Aerial service	8.50
			Underground service	14.00
		Each extra outlet		2.75
	Service calls			Free
	Disconnection charge			Free
	Reconnection charge			9.95
	Relocate an outlet			9.95
	Convertor charge -- remote control
		Monthly rental		2.00
			(includes free service and repair on rental only)
	Collection charge			5.00
	(If past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices.)
	Converter deposit (refunded upon return of converter)			30.00
Commercial
	Installation charge
		Aerial service: Labor at seven dollars and fifty cents ($7.50) per hour plus material at cost plus fifteen percent (15%) overhead on sum of labor and material
		Underground service: Labor at seven dollars and fifty cents ($7.50) per hour plus equipment and material at cost plus fifteen percent (15%) overhead on sum of labor and material
	Monthly service
		First outlet
			Aerial service	$ 8.50
			Underground service	14.00
			Additional outlets	2.75
	Remote control converters
		Monthly rental		2.00
	Collection charge			5.00
		(If past due balance is not received in the Schenectady Cablevision offices and must be collected personally by a Schenectady Cablevision employee or agent at a location other than said offices.)
	Converter deposit (refunded upon return of converter)			30.00

E. 

If any of the above-stated charges is higher than the lower rate set forth for like service in the City of Schenectady, Town of Rotterdam or Town of Niskayuna, the aforesaid higher rate or rates shall be automatically lowered to the lowest rate.

[Amended 12-8-1971; 10-11-1972; 8-21-1974; 11-9-1977 by L.L. No. 7-1977; 11-9-1977 by L.L. No. 8-1977; 6-14-1978 by L.L. No. 3-1978; 8-13-1980]

(1) 

In the event that cable television service is interrupted for a period in excess of seventy-two (72) hours to a subscriber and such interruption is not by reason of acts of God, of the public enemy, fires, floods, explosions, strikes or governmental restrictions, the permittee agrees to refund to the customer service charges attributable to the interrupted service period and in accordance with a daily pro rata formula.

(2) 

In the event that any converter belonging to Schenectady Cablevision, Inc., is lost or stolen while said converter is rented by the subscriber from Schenectady Cablevision, Inc., the subscriber shall be subject to the payment of a purchase fee of one hundred dollars ($100.) for said converter.

F. 

The permittee is authorized to automatically increase its rates in the event that copyright liability is impressed on the CATV system by an amount equal to the percentage charged by copyright holders.

G. 

No change in rates shall be made until a copy of proposed new rates is filed with the Board of Trustees of the Village of Scotia, which shall convene a public hearing on such rates within forty-five (45) days after the date such new rates are filed. No change in rates shall take effect until thirty (30) days after the date of such public hearing and then only after approval of these rates by the Board of Trustees of the Village of Scotia.

H. 

The municipality shall have the right to inspect all pertinent books, records, maps, plans, financial statements and other like materials of the permittee, upon reasonable notice and during normal business hours.

[Amended 8-21-1974; 8-13-1980]

Amended 12-8-1971; 10-11-1972; 8-13-1980