Every grantee shall offer cable service that meets the cable-related
needs of the grantor in accordance with applicable law. The franchise
shall include a description of the grantee's cable system including
the general design and capabilities of the cable system to identify
how the cable system will meet the current and future cable needs
of the grantor and the schedule for commencement and completion of
construction. Every grantee shall have responsibility for the design
and maintenance of a cable system including subscriber premises equipment,
unless the equipment is owned by the subscriber. Every grantee will
provide notices regarding the use and operation of any equipment to
be operated by subscribers in accordance with federal law.
A grantee shall provide the grantor, upon written request, a
complete set of cable system location maps of the service area, on
which will be shown those areas within the grantor which its cable
system exists and the description and location of all rights-of-way
within which the cable system has been constructed. These maps shall
be provided to the grantor in hard copy and, if available, electronic
format. Updated maps shall be delivered to the grantor within 30 days
after a request is made.
It is recognized that technology is rapidly changing and that
subsequent to its initial construction, further modifications to incorporate
increased channel capacity with compression technology, fiber optics
and other unidentified technologies which materially affect the capability
of the system to offer new and additional services such as interactive
television, video on demand and similar services, will be desirable.
No more than once every two years, the grantor or its representatives,
with the cooperation and assistance of a grantee, may conduct a full
compliance review, including possible public hearing, with respect
to whether grantee has complied with the material terms of the franchise
agreement, so long as it provides grantee with 90 days' written notice
in advance of the commencement of any such review or public hearing.
A.
A grantee providing initial cable service within a grantor shall
serve all residential areas as described in the franchise agreement
and shall extend cable system and cable service to contiguous areas
upon request of the grantor when a density of 30 homes per cable mile
is reached. In a renewed franchise, the franchise agreement will provide
a description of the grantee's current service area. Grantee
will extend cable service to contiguous areas which have 30 homes
per cable mile. Nothing herein shall be construed to prevent a grantee
from serving areas not covered under this section upon agreement with
developers, property owners, commercial and business establishments,
or residents.
B.
Subscribers who request installation or maintenance or repairs shall be given an "appointment window" for installations, service calls, and other installation activities at a specific time or, at a maximum, a four-hour time block during normal business hours. (The grantee may schedule service calls and other installation activities outside of normal business hours for the convenience of the customer.) Persons requesting installation of residential cable service shall be afforded a right of rescission between the time cable service is requested and the time service is actually installed. All standard installations, reconnects, service upgrades or downgrades shall be performed within seven working days of the date the order was placed by the subscriber unless a line extension is required, in which event cable service shall be extended in accordance with Subsection D of this section. Standard installations are those that are located up to 125 feet from the existing distribution system or the distribution system to be built in compliance with this section.
C.
Only those homes which require drops in excess of 125 feet shall
be required to pay for grantee's materials and labor costs, at
the rate per foot. All other installations shall be performed at no
more than the advertised normal installation rate.
D.
Grantee shall extend cable service to any residence(s) upon the written
request of one or more residents who shall reside within the requested
extension area and who shall agree to subscribe to grantee's
cable service where the number of occupied homes, and homes for which
certificates of occupancy have been issued, which would be served
by the requested extension equals seven homes per 1/4 cable mile or
more with the measurement starting from the closest existing usable
point of connection to the system. Unless additional time has been
agreed to by the grantor, such extensions shall be completed within
90 days of submittal of a request (weather permitting) where the above
density standard is met and all additional utility permits or other
right-of-way permits have been obtained. The grantor and grantee may
agree to a different time for extension in particular instances.
E.
If the number of homes per 1/4 cable mile is less than seven, the
requesting subscriber(s) may obtain service by paying a share of the
incremental cost of the extension as follows:
(1)
Grantee shall pay a share of costs calculated as the fraction derived
from the existing density as calculated above divided by seven homes
per 1/4 mile; requesting subscriber(s) share shall equal the remainder.
For example, if the existing density is three homes per 1/4 mile,
grantee shall pay 40% of the extension cost and the requesting subscriber(s)
shall pay the remaining 60%.
(2)
When grantee receives a request for an extension, the grantee shall,
within 30 days, respond in writing with its calculation of the density
and such other terms as may be needed to fully inform subscriber(s),
including cost sharing and reimbursement procedures. If the density
is less than seven homes per 1/4 mile, grantee shall also provide
a firm price good for 90 days reflecting the proportional share which
the requesting subscriber(s) must pay on a cost-sharing basis to obtain
cable service. Within 90 days from payment of the cost share by prospective
subscriber(s) and receipt of all necessary utility permits or other
right-of-way permits, grantee shall complete the extension of service.
A franchise may include a description of the cost-sharing policy in
place if different than what is described in this subsection.
F.
Nothing in this section shall prohibit the grantor, the grantee,
or real estate developers from entering into an agreement whereby
entire new housing developments in the grantor shall be prewired for
efficient future expansion of cable service.
In accordance with applicable law, including FCC rules, and
the purposes of allowing for public access and EG access programming
telecasts on cable systems serving subscribers in the grantor and
adjoining communities, a grantee will not interfere with additional
connections by other cable operators at studio or transmission source
for public access and/or EG access programming telecasts in the grantor.
Such connections shall be made by direct return line connection or
other appropriate methods independent of a grantee's cable system.
A.
After cable service has been established by activating trunk and
distribution cable for any area, grantee shall make a standard installation
to any requesting subscriber within that area seven days from the
date of request.
B.
A grantee, upon written request of grantor, shall install and provide
basic service as described in a franchise agreement (excluding pay-per-view
television and nonvideo services) to all public buildings designated
by grantor in a franchise at no charge for either the initial normal
installation or for monthly service provided at each location. Each
of these installations should include one signal drop, one outlet,
and one converter (or such other terminal equipment as may be necessary
to provide an electronic interface with a television receiver). The
public buildings to be provided this complimentary service shall include
public buildings currently connected to and receiving complimentary
basic service; public buildings as described in a franchise; or any
such newly constructed public buildings.
C.
If more than one outlet is required at any public building as described
in a franchise, grantee shall install such other outlets at the cost
charged to other institutional facilities for installation and ongoing
service. The distribution of the cable system inside such buildings
shall be the responsibility of the user.
D.
If required by grantor under the franchise, grantee will make available,
without charge, one free cable modem service outlet to all school
buildings and public libraries. The specific locations shall be identified
in the franchise agreement. For the purposes of this subsection, the
term "school" means an educational institution that receives funding
pursuant to Title I of the Elementary and Secondary Education Act
of 1965, 20 U.S.C. § 6301 et seq., as amended, and does
not mean "home schools."
A cable system of a grantee shall be designed, constructed and
operated so as to meet those technical standards promulgated by the
Federal Communications Commission relating to cable systems contained
in Part 76 of the Federal Communications Commission's rules and
regulations relating to cable systems and found in Code of Federal
Regulations, 47 CFR 76.601 to 76.617, as amended, or as may from time
to time be amended. The results of tests required by the Federal Communications
Commission must be filed with the grantor within 10 business days
of written request.
A.
At any time after commencement of service to subscribers, upon 30
days' written notice and in the presence of a representative
of the grantee, the grantor may require or may retain an independent
engineer to perform additional tests, full or partial repeat tests,
or tests involving a specific subscriber's drop. Such additional
tests will be made on the basis of complaints received or other evidence
indicating an unresolved controversy or significant noncompliance,
and such tests will be limited to the particular matter in controversy.
B.
The grantor shall endeavor to so arrange its requests for such special
tests during regular business hours so as to minimize hardship or
inconvenience to grantee or to the subscriber. The rights and obligations
of the grantor and grantee under this section shall at all times be
subject to applicable law and FCC regulation.
