[R.O. 2011 § 670.170; R.O. 2009
§ 111.030; Ord. No. 01-125, 6-20-2001]
Every grantee shall offer service
that meets the current and future needs of the City. In order to ensure
compliance with this requirement, grantee shall, at a minimum, provide
that its system and systems facilities as well as services shall be
comparable to other systems of the grantee or its affiliates in other
municipalities throughout St. Charles County. The franchise agreement
shall incorporate a description of the grantee's system including
the general design and capabilities of the system to identify for
the City how the system will meet the current and future cable needs
of the City.
[R.O. 2011 § 670.180; R.O. 2009
§ 111.031; Ord. No. 01-125, 6-20-2001]
Every system shall pass by every
single-family dwelling unit and multiple-family dwelling unit within
the franchise area in accordance with line extension policies set
forth in the applicable franchise agreement. Service shall be provided
to subscribers in accordance with the schedules and line extension
policies specified in the applicable franchise agreement.
[R.O. 2011 § 670.190; R.O. 2009
§ 111.032; Ord. No. 01-125, 6-20-2001]
A.
Any site receiving a public building drop
as of May 1, 2000, pursuant to Section 17.A of a previous cable franchise
or otherwise receiving a public building drop and service at no cost,
shall continue to receive service under the same terms throughout
the period of any franchise renewal or extension.
B.
Every grantee shall provide installation
of at least one (1) cable drop and one (1) outlet, provide monthly
basic cable service and the most widely subscribed to cable programming
service tier, without charge, to public buildings in accordance with
the line extension policies specified in the applicable franchise
agreement or otherwise specified in the applicable franchise agreement.
Accredited schools shall also receive one (1) cable drop and one (1)
outlet. Accredited schools shall include all schools with grades kindergarten
through grade 12 that are accredited by the State, as well as any
additional schools (such as universities) identified in a franchise
agreement. The location of such cable drops and outlets shall be determined
in cooperation with the management of the building to which the connection
is to be made. Following the City's designation of additional building(s)
to receive cable service, a grantee shall complete construction of
the drop and outlet within sixty (60) days if the City requests construction.
Drops and outlets for other public buildings that are in addition
to the one (1) free drop and outlet required by this Section shall
be provided by every grantee at the cost of each grantee's time and
material. Alternatively, at an institution's request, the institution
may add outlets at its own expense, as long as such installation meets
the grantee's standards which shall be made readily available to any
public entity upon request.
C.
All such cable service outlets shall not
be utilized for commercial purposes. The City shall take reasonable
precautions to prevent any use of the grantee's cable system in any
inappropriate manner or that may result in loss or damage to the system.
Users of such outlets shall hold the grantee harmless from any and
all liability or claims arising out of their use of such outlets,
other than for those claims arising out of improper installation or
faulty equipment.
D.
In instances where the drop line from the
feeder cable to the public building exceeds two hundred (200) feet,
unless otherwise specified in the franchise agreement, the grantee
may charge for the cost of its labor and materials.
E.
Every grantee that offers two-way interactive
broadband services to subscribers within the City shall provide and
install courtesy cable modems, as specified in the franchise agreement,
at every educational school accredited by the State of Missouri (grades
K through 12) and to all public libraries within the franchise area
that are passed by the portions of the grantee's cable system that
are capable of supporting such two-way services.
[R.O. 2011 § 670.200; R.O. 2009
§ 111.033; Ord. No. 01-125, 6-20-2001]
The City shall have the right to
install and maintain, free of charge, excess space upon the poles
and within the underground pipes and conduits of a grantee any wires
and fixtures desired by the City to the extent that such installation
and maintenance does not interfere with existing operations of a grantee.
City will relinquish its use of such poles and conduits upon ninety
(90) days' notice from a grantee that City's use interferes with company's
actual or anticipated use of the same.
[R.O. 2011 § 670.210; R.O. 2009
§ 111.034; Ord. No. 01-125, 6-20-2001]
Every grantee shall upgrade its system
(herein referred to as the "system upgrade"), if required, as set
forth in its respective franchise agreement.
[R.O. 2011 § 670.220; R.O. 2009
§ 111.035; Ord. No. 01-125, 6-20-2001]
[R.O. 2011 § 670.230; R.O. 2009
§ 111.036; Ord. No. 01-125, 6-20-2001]
Grantee shall at all times provide
the system capabilities to comply with the FCC's Emergency Alert System
rules and regulations. Provided, that at a minimum these capabilities
will remain in place even if the FCC at some future date eliminates
the current regulations.
[R.O. 2011 § 670.240; R.O. 2009
§ 111.037; Ord. No. 01-125, 6-20-2001]
The franchise agreement shall include
provisions to provide for a "periodic review" between the City and
a grantee to evaluate changes in law, technology or service and reasonable
procedures for mutually agreed upon modifications to the franchise
agreement to incorporate changes identified as desirable or necessary
as a result of any such periodic review.
