(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)