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CATV <br />Page 4 <br />because CATV systems provide a form of entertainment, and entertainment i <br />not regarded in lav, as a public necessity. Only to the extent a CATs7 <br />operation uses micro-v:ave, does the Federal Cor,-miunications Connnission have <br />some control over the system. Only in a minority of cases, does a CATV <br />system need to relay television signals over such a distance that it needs <br />to supplement its cable operation with a micro-,cave relay. Furthermore, <br />the F.C.C. has reported that it does not consider CATV systems as "common <br />carriers" under the provisions of the Communications Act. In essence, the <br />Commission desires authority to: <br />1. Require that a CATV system carry the signals of a local station if the <br />latter desires thus. <br />2. Require that if a local signal is carried, it is carried on the cable <br />syste ci without any degradation of quality. <br />3. Be able to afford some protection of local stations against duplication <br />of other channels on the cable syste_a of programs being carried sinLul- <br />taneously by the local stations. Therefore, the F.C.C. is largely <br />concerned with the economic impact on local stations by CATV systems. <br />Municipal Regulation. A large majority of cities pass an ordinance establisl- <br />ing an exclusive or non- exclusive franchise to be in effect for a fixed peric>c <br />of time. 141ost CATV companies apparently prefer a franchise. This provides <br />both the municipality and CATV company a wide area of control over the <br />operation, while at the same time creating a stable system which each can <br />feel confident of operating for a fixed period of time. The validity of these, <br />franchise ordinances are usually not open to question. A CATV franchise <br />co:�?r'Lonly provides for regulation of the installations, rates, and services <br />of the grantee; prescribes the duties which the grantee and the municipality <br />ov.e to each other; and requires as a condition to its effectiveness written <br />acceptance by the grantee of all its terms. ?Matters which are often or <br />usually provided for in such franchises are the following: Duration of <br />franchise; whether franchise is exclusive; whether franchise is transferable; <br />obligation of the grantee to save the municipality harmless in the event it <br />incurs liability or loss as a result of company operations, and types and <br />amounts of bonds or liability insurance required for this purpose; amount of <br />franchise fee; installation fee and monthly rates; specifications as to <br />quality of signals to be maintained; provisions relating to carriage and <br />duplication of local stations (this is not regulated by the F.C.C.); require- <br />ments for extension of service; required channel capacity; and provisions <br />concerning Pay TV or program origination. <br />