(a) An
applicant shall include a description of its system design (schedule
of equipment/facilities) and a description of programming and services
to be offered, including optional premium services (schedule of services),
as exhibits to its application for a franchise, which exhibits shall
be incorporated into its franchise by reference for all purposes.
(b) A
grantee shall be required to perform at least the services included
in the schedule of programming services and to provide at least the
equipment and/or facilities specified in the schedule of equipment/facilities
stated in such exhibits.
(c) In
the event a program originator ceases providing a service, or in the
event the grantee determines that other programming or cable services
may be more attractive to subscribers or other users, the grantee
may, in accordance with the following procedures, substitute services.
The grantee shall provide at least thirty (30) days’ advance
notice of such changes and an opportunity for the city to respond
prior to the grantee taking any action.
(d) A
grantee shall provide an emergency alert system capable of interrupting
all nonlocal broadcast signals, at the sole expense of the grantee.
This system shall enable the city or its designee to provide immediate,
current information to all subscribers from an origination point designated
by the city manager or his designee. The system shall be maintained
in a working condition by the grantee and shall be available at all
times and located in a facility approved by the city manager or his
designee. It shall meet the minimum requirements established for the
“emergency alert system” established by federal law and
regulations.
(e) A
grantee shall comply with section 631 of the Cable Communications
Act of 1984 and the Cable Television Protection and Competition Act
of 1992 and other applicable regulations and laws which provide for
protection of subscriber privacy.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-188)
(a) A
grantee shall put, keep, and maintain all parts of the system in good
condition throughout the entire franchise period.
(b) Upon
termination of service to any subscriber, a grantee shall promptly
remove all its facilities and equipment from the premises of such
subscriber upon the subscriber’s request.
(c) A
grantee shall render efficient service, make repairs promptly, and
interrupt service only for good cause and for the shortest time possible.
Such interruptions, insofar as possible, shall be preceded by notice
and shall occur during periods of minimum system use.
(d) A
grantee shall not allow its cable or other operations to interfere
with television reception of persons not served by the grantee, nor
shall the system interfere with, obstruct or hinder in any manner
the operation of the various utilities serving the residents of the
city.
(e) A
grantee shall continue, through the term of the franchise, to maintain
the technical, operational, and maintenance standards and quality
of service set forth in this article and the franchise agreement.
Should the city council find, by public hearing process, that a grantee
has failed to maintain these standards and quality of service, and
should it specifically enumerate improvements to be made, a grantee
shall make such improvements as identified by the city council. Failure
to make such improvements within three (3) months will constitute
a breach of conditions for which liquidated damages are applicable.
(f) In
no event shall service standards be less than the minimum customer
service standards for cable television providers as established by
the FCC.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-189)
(a) It
shall be the right of all subscribers to continue receiving services
so long as their financial and other obligations to the grantee are
honored. In the event that a grantee elects to overbuild, rebuild,
modify, or sell the system, or the city gives notice of intent to
terminate or fails to renew a franchise, the grantee shall act so
as to ensure that all subscribers receive continuous, uninterrupted
service regardless of the circumstances.
(b) In
the event of a change of grantee, or in the event a new operator acquires
the system, a grantee shall cooperate with the city and the new grantee
or operator in maintaining continuity of service to all subscribers.
During such period, the grantee shall be entitled to the revenues
for any period during which it operates the system, and shall be entitled
to reasonable costs for its services when it no longer operates the
system.
(c) In
the event a grantee fails to operate the system for four (4) consecutive
days without prior approval of the city or without just cause, the
city may, at its option, operate the system or designate an operator
until such time as the grantee restores service under conditions acceptable
to the city or a permanent operator is selected. If the city is required
to fulfill this obligation for a grantee, the grantee shall reimburse
the city for all reasonable costs or damages in excess of revenues
from the system received by the city that result from the grantee’s
failure to perform.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-190)
(a) Authority of city to order interconnection.
A grantee
shall interconnect access channels of the cable system with any or
all other cable systems in adjacent areas, upon the directive of the
city. Interconnection of systems may be done by direct cable connection,
microwave link, satellite, or other appropriate method. Interconnection
will only be required if necessary to respond to an emergency for
purposes of public safety or health.
(b) Procedure.
Upon receiving the directive of the city
to interconnect, a grantee shall immediately initiate negotiations
with the other affected system or systems in order that all costs
may be shared equally among cable companies for both construction
and operation of the interconnection link.
(c) Relief.
A grantee may be granted reasonable extensions
of time to interconnect or the city may rescind its order to interconnect
upon petition by the grantee to the city. The city shall grant said
request if it finds that a grantee has negotiated in good faith and
has failed to obtain an approval from the system or systems of the
proposed interconnection, or that the cost of the interconnection
would cause an unreasonable or unacceptable increase in subscriber
rates.
(d) Cooperation.
A grantee shall cooperate with reasonable
requests from any interconnection corporation, regional interconnection
authority or city, or county, state and federal regulatory agency
which may be hereafter established for the purpose of regulating,
financing, or otherwise providing for the interconnection of cable
systems beyond the boundaries of the city.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-191)
(a) A
grantee shall construct, operate and maintain its cable system subject
to the supervision of the city and in full compliance with the rules
and regulations, including applicable amendments, of the Federal Communications
Commission and all other applicable federal, state or city laws and
regulations, including the latest editions of the National Electrical
Safety Code and the National Electrical Code as adopted by the National
Fire Protection Association, the Bell System Code of Pole Line Construction
and the detailed standards submitted by the grantee as part of its
application, proposal and/or franchise agreement. The cable system
and all its parts shall be subject to inspection by the city.
(b) The
system shall not endanger or interfere with the safety of persons
or property in the franchise area or other areas where a grantee may
have equipment located.
(c) Any
antenna structure used in the cable system shall comply with construction,
marking, and lighting of antenna structures required by the United
States Department of Transportation and with any applicable city ordinance.
(d) All
working facilities and conditions used during construction, installation
and maintenance of the CATV system shall comply with the standards
of the Occupational Safety and Health Administration.
(e) A
grantee shall maintain equipment capable of providing standby power
for headend, transportation and trunk amplifiers for a minimum of
two (2) hours.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-192)
(a) Under
current FCC regulations such cost may be passed onto the subscribers.
However, it is recognized that a grantee may agree in the franchise
agreement to assume such cost and not pass such costs onto the subscribers.
(b) The
provision of access channels may be addressed in the franchise agreement.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-193)