§ 90-662. Leasing of equipment comprising system.

Notwithstanding the provisions of section 90-661 above, a licensee may lease any antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities ("equipment"), and/or may lease the use of such equipment, comprising the cable television system from others, provided that the lease relationship meets all of the following requirements:

(a)

The lease relationship shall be reflected fully in a written document ("lease") which shall be executed by lessor and lessee and a copy of which shall be filed with the commission at the inception of the lease;

(b)

The lease shall expressly acknowledge that, so long as the leased equipment shall be utilized in connection with the cable television system, the lease, the equipment, and any payments by the lessee therefor, shall be subject to the provisions of this article;

(c)

The lessor under the lease shall be an additional named insured on all of the insurance provided by the licensee pursuant to section 90-724; and

(d)

The lease shall expressly reflect and acknowledge that the lessor, or with the prior written approval of the cable television commission the licensee, does assume and agree to be bound by the provisions of section 90-723 with respect to the equipment; and

(e)

The lessor under the lease shall expressly assume and agree to undertake the obligations and duties under section 90-635 to the extent not otherwise discharged by the licensee as to equipment in the streets.

(Ord. No. 97-12, § 2(5.75.401), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)