[Ord. #89-07]
The Grantor shall exercise regulatory authority under the provisions
of this ordinance and applicable law. If the franchised Cable Communications
System also serves other contiguous or neighboring communities, Grantor
may, at its sole option, participate in a joint regulatory agency,
with delegated responsibility in the area of cable and related communications.
[Ord. #89-07]
The Grantor, acting alone or acting jointly with other Grantors,
may exercise or delegate the following regulatory responsibility:
a. Administering and enforcing the provisions of the Cable Communications
System Franchise (s).
b. Coordination of the operation of any Government Access channel (s)
and facilities.
c. Providing technical, programming and operational support to public
agency users, such as government departments and schools.
d. Establishing jointly with the Grantee, or as otherwise specified
in the Franchise Agreement, procedures and standards for use of channels
dedicated to public use and sharing of public facilities, if provided
for in any Franchise Agreement.
e. Planning expansion and growth of public benefit cable services.
f. Analyzing the possibility of integrating cable communications with
other local, State or national telecommunications networks.
g. Formulating and recommending long-range public telecommunications
policy.
[Ord. #89-07]
If so specified in the Franchise Agreement, the Grantor may
utilize a portion of the Cable Communications System capacity, and
associated facilities and resources, to develop and provide non-commercial
cable services that will be in the public interest. In furtherance
of this purpose, the Grantor may establish a commission, public corporation,
or other entity to receive and allocate facilities, support funds
and other considerations provided by the Grantor, the Grantee, and/or
others. Such an entity, if established, may be delegated responsibilities
including, but not limited to, the following:
a. Receive and utilize or reallocate for utilization, channel capacity,
facilities, funding and other support provided specifically for public
usage of the Cable Communications System.
b. Review the status and progress of each service developed for public
benefit.
c. Reallocate resources jointly with the Grantee on a periodic basis
to conform with changing priorities and public needs.
d. Report to the Grantor and the Grantee annually on the utilization
of resources, the new public services developed and the benefits achieved
for the Grantor and its residents.
[Ord. #89-07]
The Grantor reserves the right, at its discretion, from time to time, to determine if the entities described in subsections
6-5.3 and
6-5.4 above are performing their purposes in a manner reasonably satisfactory to the Grantor, and if they are not, the Grantor may receive and reallocate all or a portion of the channel capacity, operations appropriation, and capital appropriation, including any facilities and equipment purchased previously with such appropriation, to another entity. A new entity shall be required to comply in all respects with the legal responsibilities described in subsections
6-5.3 and
6-5.4.
[Ord. #89-07]
The Grantee shall establish rates for its services that must
be applied fairly and uniformly to all categories of subscribers in
the franchise area.
[Ord. #89-07]
At Grantor's sole option, within ninety (90) days of the first
anniversary of the effective date of each franchise, and each year
thereafter throughout the term of the franchise, the Grantor may hold
a public hearing at which the Grantee shall be present and shall participate,
to review the performance and quality of service of the Cable Communications
System. The reports required in Section 6-14 regarding subscriber
complaints, the records of performance tests and the opinion survey
report shall be utilized as the basis for review. In addition, any
subscriber may submit comments or complaints during the review meetings,
either orally or in writing, and these shall be considered.
a. Within thirty (30) days after the conclusion of the public hearing,
Grantor shall issue a report with respect to the adequacy of system
performance and quality of service. If inadequacies are found, Grantor
may direct Grantee to correct the inadequacies within a reasonable
period of time.
b. Failure of Grantee, after due notice, to correct the inadequacies
shall be considered a breach of the franchise, and Grantor may, at
its sole discretion, exercise any remedy within the scope of this
chapter considered appropriate.
[Ord. #89-07]
To provide for technological, economic, and regulatory changes
in the state of the art of cable communications, to facilitate renewal
procedures, to promote the maximum degree of flexibility in the cable
system, and to achieve a continuing, advanced modern system, the following
system and services review procedures are hereby established:
a. At Grantor's sole option, the Grantor may hold a public hearing on
or about the third anniversary date of the Franchise Agreement at
which the Grantee shall be present and shall participate, to review
the cable communications system and services. Subsequent system and
services review hearings may be scheduled by the Grantor each three
(3) years thereafter.
b. Ninety (90) days prior to the scheduled system and services review
hearing, Grantee shall submit a report to Grantor indicating the following:
1. All cable system services reported in cable industry trade journals
that are being commonly provided on an operational basis, excluding
tests and demonstrations, to communities in the United States with
comparable populations, that are not provided to the Grantor.
2. All cable system services which are being provided in communities
adjacent to the City (including but not limited to the Cities of Berkeley,
El Cerrito, Kensington, Richmond, and San Pablo) that are not provided
to the Grantor.
3. Any specific plans for provision of services indicated in paragraphs
1 and 2 above by the Grantee, or a justification indicating why Grantee
believes that such services are not feasible for the franchise area.
c. Topics for discussion and review at the system and services review
hearing shall include but shall not be limited to, services provided,
feasibility of providing new services, application of new technologies,
system performance, programming, subscriber complaints, user complaints,
rights or privacy, amendments to the franchise, undergrounding processes,
developments in the law, and regulatory constraints.
d. Either the Grantor or the Grantee may select additional topics for
discussion at any review hearing.
e. Not later than sixty (60) days after the conclusion of each system
and service review hearing, Grantor shall issue a report, including
specifically a listing of any cable services not then being provided
to the Grantor that are considered technically and economically feasible.
Grantor may request Grantee to provide such services within a reasonable
time, under reasonable rates and conditions. If Grantor submits such
a request to the Grantee and the Grantee fails to comply, this action
shall be given due consideration in any future franchise renewal procedure.