A franchisee may not require a subscriber or a building owner or manager
to enter into an exclusive contract as a condition of providing or continuing
service. However, nothing herein prevents a franchisee from entering into
an otherwise lawful, mutually desired, exclusive arrangement with a building
owner or manager of a multiple dwelling unit or commercial subscriber.
In addition to satisfying such additional or stricter conditions as
the City of Cohoes finds necessary based on its investigations, the following
elements shall be required in every franchise:
A. System design. Each franchisee shall provide a cable
system which uses at least 750MHz equipment of high quality and reliability.
Each franchisee shall install and activate the return portion of the cable
system in the sub-low frequency spectrum of 5 MHz to 30 MHz.
B. Public, educational and government use of the system.
(1) A franchisee shall provide a minimum of three channels
for PEG access to each subscriber.
(2) Each franchisee shall install, maintain, and replace
as necessary, a dedicated, bi-directional fiber-optic link between its head-end
and a location designated by the City of Cohoes as the primary access center.
(3) Each franchisee shall install, maintain, and replace
activated two-way cable plant and all head-end, cable plant, and node equipment
required to make it operable so that the City of Cohoes, schools, and all
designated PEG access centers and access facilities located within the franchise
area will be able to send and receive signals (video, audio, and data) using
the activated two-way cable plant.
(4) Each franchisee shall ensure that technically adequate
signal quality, routing systems, and switching and/or processing equipment
are initially and continuously provided for all access interconnections both
within the franchisee's cable system and with other cable systems throughout
the duration of its franchise.
(5) In the event a franchisee makes any change in the cable
system and related equipment and facilities or in the franchisee's signal
delivery technology which directly or indirectly substantially affects the
signal quality or transmission of access programming, the franchisee shall
at its expense take necessary steps or provide necessary technical assistance,
including the acquisition of all necessary equipment, to ensure that the capabilities
of access programmers are not diminished or adversely affected by such change.
(6) A franchisee shall maintain all access channels (both
upstream channels and downstream channels) and all interconnections of access
channels at the same level of technical quality and reliability as the best
commercial channels carried on the system.
C. Service to franchise area. It is the policy of the City of Cohoes to ensure that every cable system provides service in its franchise area upon request to any person or any government building. Each franchisee shall extend service upon request within its franchise area, provided that a franchise may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where such extension or installation may be unduly expensive. Service must be provided within time limits specified in Subsection
D.
D. Time for extension. Except as a franchise otherwise provides,
service must be extended upon request to any person or to any government building
in a franchisee's franchise area within seven days of the request, where
service can be provided by activating or installing a drop; within 90 days
of the request where an extension of 1/2 mile or less is required; or within
six months where an extension of 1/2 mile or more is required.
E. Technical standards. A cable system within the City of
Cohoes shall meet or exceed the technical standards set forth in 47 C.F.R.
§ 76.601 and any other applicable technical standards.
F. Testing. Each cable operator shall perform at its expense
such tests as may be necessary to show whether or not the franchisee is in
compliance with its obligations under applicable FCC standards, this chapter
or a franchise.
G. Interconnection. Upon request of the City of Cohoes,
every cable system shall be required to interconnect with every other cable
system within the City of Cohoes or adjacent to the City of Cohoes on fair
and reasonable terms for purposes of providing PEG and I-Net services.
H. Continuity of service. Each franchisee shall, during
the term of the franchise, ensure that subscribers are able to receive continuous
service. In the event the franchise is revoked or terminated, the franchisee
shall be required to continue to provide service for a reasonable period to
assure an orderly transition of service from the franchisee to another entity.
A franchise may establish more particular requirements under which these obligations
will be satisfied.