The franchise area shall be the entire city. A grantee must
extend and make cable television service available to every dwelling
unit within one (1) year of any unserved area reaching the minimum
density of at least twenty-five (25) dwelling units per street mile,
as measured from the existing system.
(2005 Code, sec. 13.5.40)
(a)
Interconnection required.
A grantee shall interconnect
access channels of the cable system with any or all other CATV systems
in adjacent areas, upon the directive of the city in accordance with
the grantee’s franchise agreement. Interconnection of systems
may be done by direct cable connection, microwave link, satellite
or other appropriate method.
(b)
Relief.
A grantee may be granted reasonable extensions
of time to interconnect upon petition by the grantee to the city.
The city shall grant said request if it finds that the 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.
(c)
Cooperation required.
A grantee shall cooperate with
any interconnection corporation, regional interconnection authority
or city, county, state or 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.
(2005 Code, sec. 13.5.41)
A grantee shall provide, without charge, within the initial
franchise area and any extension made thereto, one service outlet
to each fire station, public and private school, police station, public
library and such buildings as used for municipal purposes as may be
designated by the city.
(2005 Code, sec. 13.5.42)
(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 television system shall comply
with construction, marking, and lighting of antenna structures required
by the United States Department of Transportation.
(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.
(f)
A
grantee shall incorporate into its cable television system the capacity
which will permit the city, in times of emergency, to override, by
remote control, the audio of all channels simultaneously. A grantee
shall designate a channel which will be used for emergency broadcast
of both audio and video. A grantee shall cooperate with the city in
the use and operation of the emergency alert override system. The
grantee may satisfy the requirement of this subsection by providing
for emergency override by the largest municipality adjacent to the
city which is also a franchisor of the grantee.
(g)
In
all areas of the city where all cables, wires, and other like facilities
of public utilities are placed underground, a grantee shall place
its cables, wires, or other like facilities underground to the maximum
extent that existing technology reasonably permits.
(2005 Code, sec. 13.5.43)
(a)
Not later than one hundred eighty (180) days after any new or not later than ninety (90) days for any substantially rebuilt portion of the system is made available for service to subscribers and at least annually thereafter, technical performance tests shall be conducted by a grantee to demonstrate full compliance with the technical standards of the Federal Communications Commission and section 4.07.154(a). Such tests shall be performed by or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the city, describing test results, instrumentation, calibration, test procedures and the qualifications of the engineer responsible for the tests.
(b)
System
monitor test points shall be established at appropriate locations
mutually agreed upon by the city and the grantee to provide effective
system performance monitoring. At least once each month, the following
data shall be obtained and recorded for each monitor test point, made
available for city inspection and retained in a grantee’s files
until the relevant portion of the system has been either substantially
rebuilt or replaced:
(1)
Visual and aural carrier level on each active channel.
(2)
Carrier-to-noise ratio on at least four (4) frequencies distributed
across the pass band (to avoid interrupting service). These measurements
may be approximate and will be used only to detect significant changes.
(3)
Visual inspection of picture quality on all active channels to detect
degradation in quality attributable to the system.
(c)
At
any time after commencement of service to subscribers, the city may
require additional tests, full or partial repeat tests or tests involving
a specific subscriber’s terminal. Requests for 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.
The city will endeavor to so arrange its requests for such special
tests so as to minimize hardship or inconvenience to a grantee or
subscribers.
(d)
A grantee shall continue, through the term of its franchise, to maintain the technical, operational, and maintenance standards and quality of cable service set forth in this article and the franchise. Should the city council find by resolution that the grantee has failed to maintain these standards and quality of cable service, and should it, by resolution, specifically enumerate improvements to be made, the grantee shall make such improvements. Failure to make such improvements within thirty (30) days of adoption of such resolution will constitute a breach of condition for which the remedies of sections 4.07.075 and 4.07.082 are applicable.
(e)
The
city shall have the right to employ qualified consultants if necessary
or desirable to assist in the administration of this or any other
section of this article and, by acceptance of a franchise, a grantee
agrees to pay all reasonably incurred costs associated therewith.
(2005 Code, sec. 13.5.44)
(a)
The
city and a grantee shall hold scheduled performance evaluation sessions
every three (3) years from the anniversary date of a grantee’s
award of a franchise and as may be required by federal and state law.
The city may permit the grantee to submit, in satisfaction of the
requirements of this section, the results of performance evaluation
sessions conducted by the grantee with the largest municipality adjacent
to the city which is also a franchisor of the grantee, or the city
may join the grantee and such other municipality in the conduct of
the performance evaluation sessions.
(b)
Special
evaluation sessions may be held at any time during the term of a franchise
at the request of the city or a grantee, and upon ninety (90) days’
written notice.
(c)
All
evaluation sessions shall be open to the public and shall be advertised
in a newspaper of general circulation at least ten (10) days prior
to each session. A grantee shall notify its subscribers of all evaluation
sessions by announcement displayed prominently on at least two (2)
channels of its cable system during prime time, for five (5) consecutive
days preceding each session.
(d)
Topics
which may be discussed at any scheduled or special evaluation session
may include, but not be limited to, service rate structures, franchise
fee, liquidated damages, free or discounted services, application
of new technologies, system performance, services provided, programming
offered, customer complaints, privacy, amendments to this article,
judicial and FCC rulings, line extension policies, and city or grantee
rules.
(e)
Members
of the general public may add topics either by working through the
negotiating parties or by presenting a petition. If such a petition
bears the valid signature of fifty (50) or more residents of the city,
the proposed topic or topics shall be added to the list of topics
to be discussed at the evaluation session.
(2005 Code, sec. 13.5.45)
(a)
A
grantee shall not deny cable service, deny access, or otherwise discriminate
against subscribers, channel users, or general citizens on the basis
of race, color, religion, national origin, sex, age or disability.
A grantee shall comply at all times with all other applicable federal,
state and local laws and regulations, as amended from time to time,
relating to nondiscrimination.
(b)
Except
for circumstances beyond a grantee’s control such as acts of
God, weather, wars, riots and civil disturbances, a grantee shall
establish a maintenance service capable of locating and correcting
system malfunctions promptly.
(c)
A
listed local telephone number shall be made available to subscribers
for service calls at any time of the day or night. Appropriate records
shall be made of service calls, showing when and what corrective action
was completed. Such records shall be available to the city during
normal business hours in summary form and retained for not less than
three (3) years.
(d)
A
grantee shall furnish each subscriber, at the time service is installed,
written instructions that clearly set forth procedures for placing
a service call or requesting an adjustment. Such instructions also
shall include the name, address and telephone number of the city secretary
or other designated employee of the city and a reminder that the subscriber
can call or write the city secretary or other designated city employee
for information regarding the terms and conditions of the grantee’s
franchise if the grantee fails to respond to the subscriber’s
request for installation, service or adjustment within a reasonable
period of time.
(e)
In
the event a subscriber does not obtain a satisfactory response or
resolution to his or her request for service or an adjustment within
a reasonable period of time, he or she may advise the city in writing
of his or her dissatisfaction and the city shall have an obligation
to investigate the matter and to keep records with respect to all
such complaints for the remaining life of the franchise or three years,
whichever amount of time is of longer duration.
(f)
In
cases where requests for service have been ignored or unfilled for
whatever reason, the city shall have the power to require the grantee
to provide service in response to all reasonable requests as the city
may reasonably determine.
(g)
(1)
When there have been similar complaints made, or where there exists
other evidence which, in the judgment of the city, casts doubt on
the reliability or quality of the cable service, the city shall have
the right and authority to require a grantee to test, analyze, and
report on the performance of the system. A grantee shall fully cooperate
with the city in performing such testing and shall prepare results
and a report, if requested, within thirty (30) days after notice.
Such report shall include the following information:
(A)
The nature of the complaint or problem which precipitated the special
tests.
(B)
What system component was tested.
(C)
The equipment used and procedures employed in testing.
(D)
The method, if any, in which such complaint or problem was resolved.
(E)
Any other information pertinent to said tests and analysis which
may be required.
(2)
The city may require that tests be supervised, at the grantee’s
expense, by a professional engineer, not on the permanent staff of
the grantee. The engineer shall sign all records of special tests
and forward to the city such records with a report interpreting the
results of the tests and recommending actions to be taken.
(3)
In the event an adjacent municipality is a franchisor of a grantee
and in the further event that tests of the type required by this subsection
are being conducted by the grantee and such other municipality, the
city may, at its option, require the grantee to furnish to the city
the results of such other tests and the city may at its option rely
thereon.
(4)
The city’s right under this section shall be limited to requiring
tests, analyses, and reports covering specific subjects and characteristics
based on said complaints or other evidence when and under such circumstances
as the city has reasonable grounds to believe that the complaints
or other evidence required that tests be performed to protect the
public against substandard cable service.
(h)
A
grantee shall interrupt system service after 7:00 a.m. and before
1:00 a.m. only with good cause and for the shortest time possible
and, except in emergency situations, only after publishing notice
of service interruption at least twenty-four (24) hours in advance
of the service interruption. Service may be interrupted between 1:00
a.m. and 7:00 a.m. for routine testing, maintenance and repair without
notification on Mondays through Fridays, except on holidays.
(2005 Code, sec. 13.5.46)
(a)
A
grantee shall have the right to use the streets of the city for construction,
operation and maintenance of a CATV system as prescribed, regulated,
and limited by provisions of this article and state, local and federal
law, both present and future.
(b)
The
right granted shall allow a grantee to construct, erect, maintain,
and operate such poles, conduits, towers, manholes, subways, wires,
cables, appliances, and equipment necessary for the safe and efficient
operation of the CATV system; provided that:
(1)
A grantee shall utilize the poles or conduits of utilities and subways
wherever possible.
(2)
In no case may a grantee install poles where underground facilities
are in use by all utility companies without the prior written approval
of the city.
(3)
Nothing in this section shall be construed to act as a waiver of
the power of the city to require by ordinance or otherwise the substitution
of underground service for overhead service provided such requirement
is applied to all owners of overhead service facilities.
(4)
Nothing in this section shall be construed to relieve a grantee from
its obligation to pay any fees or rents for its use of facilities
of the city, utility companies, or other legal entities.
(c)
A
grantee shall not erect or install, move, alter, or change the location
of any pole, tower, wire, conduit, subway, line, manhole, cable or
equipment in any street, alley or other public place of the city;
or dig, cut or disturb any street, alley or other public place of
the city unless prior written notice of its intention to do so is
given to such department or agency of the city as shall have been
or may be designated by the city secretary or the council of the city
and permission in writing so to do is granted by such department or
agency or entity, or such requirement is waived by such department
or agency or entity. Such permission shall be conditioned upon compliance
with the terms, provisions, conditions and limitations of the franchise
agreement and with such other terms, provisions, conditions and limitations
as will preserve, protect and promote the safety of the public using
the streets, alleys, and other public places by the city or by any
other public utility or public service corporation for their respective
purposes and functions. Such permission shall also be conditioned
upon such other terms, provisions, conditions and limitations as will
preserve, protect and promote the health, safety and general welfare
of the city and its citizens subject to the lawful exercise of the
police power.
(d)
In
the event the relocation, construction, maintenance or repair by the
city of any of its facilities or services now or hereafter acquired
and including but not limited to any street, alley or other public
place, sewer, electric, water, fire alarm, emergency communication,
or traffic-control facilities or any part thereof or in the event
access to any street, alley or other public place to or from any property
of the city is required, and it is necessary to move, alter or relocate,
either permanently or temporarily, any of a grantee’s poles,
towers, wires, appliances, conduits, subways, lines, manholes, cables
or equipment or any part thereof in the public right-of-way, in order
for the city to relocate, construct, reconstruct, maintain or repair
any such facility, service, street, alley or other public place or
any such sewer or electric, water, fire alarm, police communication
or traffic-control facility, or any part thereof, or to obtain access
to or from such property, upon notice from the city, a grantee will
move, alter, or relocate such pole, tower, appliance, conduit, subway,
line, manhole, cable or equipment or part thereof, at its own cost
and expense; and should a grantee fail, refuse or neglect to comply
with such notice, such pole, tower, wire, appliance, conduit, subway,
line, manhole, cable or equipment or part thereof may be removed,
altered or relocated by the city at the cost of a grantee and the
city shall not be liable to a grantee for damages resulting from such
removal, alteration or relocation.
(e)
A
grantee shall at no cost to the city erect, install and maintain on
any of its poles, towers, wires, appliances, conduits, subways, lines,
manholes, cables or equipment in or near the streets, alleys and other
public places of the city such reasonable devices to appraise or warn
persons using the streets, alleys and other public places of the existence
of such poles, towers, wires, appliances, conduits, subways, manholes,
lines, cables or equipment as shall be from time to time be reasonably
prescribed or approved for purposes of public safety by such department
or agency of the city as shall have been or may be designated for
the purpose by the city secretary or council of the city.
(f)
A
grantee shall have the right to remove, trim, cut and keep clear of
its poles, towers, wires and other overhead appliances and equipment
the trees in and along the streets, alleys and other public places
of the city, provided it first obtains a written permit from the city
so to do, except in cases of emergency, and further provided that,
in the exercise of such right, a grantee shall not cut, remove, trim
or otherwise injure such trees to any greater extent than is reasonably
necessary for the installation, maintenance and use of such poles,
towers, wires and other overhead appliances. The grantee shall be
responsible and dependable and hold the city harmless for any and
all damages to any tree as a result of trimming, or to the land surrounding
any tree, whether such tree is trimmed or removed.
(g)
A
grantee, in the exercise of any right granted to it by a franchise,
shall at no cost to the city promptly reconstruct, replace, restore
or repair any facility or service of the city, now or hereafter acquired,
including but not limited to any street, alley or other public place,
sewer, electric, water, fire alarm, police communication or traffic-control
facility or any part thereof, which may be damaged, disturbed, or
destroyed by the exercise of any such right, in a manner, with such
materials and to the satisfaction of such department or agency as
shall have been or may be designated by the city secretary or council
of the city; provided that, should a grantee fail to comply with these
requirements, the city shall have the right to carry out the provisions
of this subsection and a grantee shall reimburse the city for all
expenses incurred in so doing.
(h)
All
transmission lines, equipment and structures shall be so installed
and located as to cause minimum interference with the rights and appearance
and reasonable convenience of property owners who adjoin on any street
and at all times shall be kept and maintained in a safe, adequate
and substantial condition and in good order and repair.
(i)
Wherever
all electrical and telephone utility distribution wiring is located
underground, either at the time of initial construction or subsequently,
at the direction of the city, the television cable shall also be located
underground, at a grantee’s own expense. If the distribution
facilities of either the electric or the telephone utility are aerial,
the cable television facilities may be located underground at the
request of the property owner; provided that the excess cost of the
installation, labor and material of underground over aerial location
shall be paid by the property owner making the request to a grantee.
(j)
A
grantee shall, at its own expense and in a manner approved by the
city, restore to city standards and specifications any damage or disturbance
caused to the public way as a result of its operations or construction
on its behalf. A grantee shall guarantee and maintain such restoration
for a period of one (1) year against defective materials or workmanship,
except in instances involving acts of God.
(k)
Whenever,
in case of fire or other disaster, it becomes necessary in the judgment
of the city secretary or the chief of the department of public safety
to remove or damage any of a grantee’s facilities, no charge
shall be made by a grantee against the city for restoration and repair.
(l)
At
the request of any person holding a valid building permit issued by
the city and upon at least forty-eight (48) hours’ notice, a
grantee shall temporarily raise, lower or cut its wires as may be
necessary to facilitate such move. The direct expense of such temporary
changes, including standby time, shall be paid by the permit holder,
and a grantee shall have the authority to require payment in advance.
(2005 Code, sec. 13.5.47)
(a)
A
grantee shall at all times employ ordinary care and shall install
and maintain devices or systems for preventing failures and accidents
which are likely to cause damage, injuries, or nuisances to the public.
(b)
A
grantee shall install and maintain its wire, cable, fixtures, and
other equipment so as not to interfere with the equipment of any utility
of the city, or any other entity lawfully and rightfully using the
conduit, pole, subway or other part of the right-of-way.
(c)
The
CATV system shall at all times conform to the construction and maintenance
standards set forth in a grantee’s proposal and/or franchise
agreement.
(d)
All
conductors, cables, towers, poles and other components of the system
shall be located and constructed by a grantee so as to provide minimum
interference with access by adjoining property owners to the streets
and public ways, nor shall any pole or other fixtures of a grantee
placed in the public way interfere with the usual travel in such public
way.
(e)
Upon
the reasonable request for service by any person located within the
franchise territory, the grantee shall, within thirty (30) days, furnish
the requested service to such person within the terms of the line
extension policy. A request for service shall be unreasonable for
the purpose of this subsection if no trunk line installation capable
of servicing that person’s block has as yet been installed.
(f)
The
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.
(g)
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 within
the confines of the city.
(h)
The grantee shall continue, through the term of the franchise, to maintain the technical standards and quality of service set forth in this article. Should the city find, by resolution, that the grantee has failed to maintain these technical standards and quality of service, and should it, by resolution, specifically enumerate improvements to be made, the grantee shall make such improvements. Failure to make such improvements within three (3) months of such resolution will constitute a breach of condition for which the remedy of section 4.07.082 is applicable.
(2005 Code, sec. 13.5.48)
(a)
Upon
accepting a franchise, a grantee shall, within 60 days, file the documents
required to obtain all necessary federal, state and local licenses,
permits and authorizations required for the conduct of its business,
and shall submit monthly reports to the city on progress in this respect
until all such documents are in hand.
(b)
A
grantee shall submit a construction plan or reconstruction plan of
both the subscriber network and institutional network, which shall
be incorporated by reference and made a part of a franchise agreement.
The plan shall include cable system design details, equipment specifications,
and design performance criteria. The plan shall also describe the
entire franchise area disclosed in accordance with the terms and conditions
of the franchise and shall clearly delineate areas within the franchise
area where the cable system will be available to subscribers, including
a time schedule of construction for each year that construction or
reconstruction is proposed.
(c)
Every
three (3) months after the start of construction or reconstruction,
a grantee shall furnish to the city a report on progress of construction
or reconstruction until complete. The report shall include a map that
clearly defines the areas wherein regular subscriber service is available.
(d)
Copies
of any agreements, reports, petitions, correspondence or other documents
filed with any local, state or federal government or any person or
legal entity relating to a grantee’s operations within the city
shall be filed simultaneously with the city.
(e)
A
grantee or its authorized contractors shall obtain permits from the
city engineer, building or other appropriate departments prior to
any physical work being performed in the city’s rights-of-way,
or on city-owned property. Permits will be issued to a grantee or
approved contractors only on approved plans, which must be submitted
on or before the request for the construction permit. All work will
be done in accordance with the city’s specifications.
(f)
A
grantee shall cause detailed maps of the entire cable system, including
both the subscriber network and the institutional network, showing
materials of construction, amplifiers, and power supply locations,
to be filed in the office of the city engineer prior to the issuance
of a permit for construction. Prior to requesting the issuance of
a permit for the installation of any facility or apparatus in accordance
with the provisions of this section, the grantee shall file such maps
with all utility companies and other public agencies whose facilities
are affected by such installation and obtain a statement signed by
a responsible official thereof that such utility or public agency
has no objection to the proposed location of such facility. Such utility
companies and public agencies shall act upon a request made to them
by a grantee in accordance with the foregoing provisions within thirty
(30) days after such request has been made to such utility or public
agency.
(2005 Code, sec. 13.5.49)
(a)
At
the time of entering into an agreement to provide any cable service
or other service to a subscriber and at least once a year thereafter,
a cable operator (grantee) shall provide notice in the form of a separate
written statement to such subscriber which clearly and conspicuously
informs the subscriber of:
(1)
The nature of personally identifiable information collected or to
be collected with respect to the subscriber and the nature of the
use of such information;
(2)
The nature, frequency, and purpose of any disclosure which may be
made of such information, including an identification of the types
of persons to whom the disclosure may be made;
(3)
The period during which such information will be maintained by the
cable operator;
(4)
The times and place at which the subscriber may have access to such information in accordance with subsection (d) of this section; and
(5)
The limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (g) of this section to enforce such limitations.
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For purposes of this section, other than subsection (g), the term “personally identifiable information” does not include any record of aggregate data which does not identify particular persons; the term “other service” includes any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and the term “cable operator” includes, in addition to persons within the definition of cable operator in section 602 of the Communications Act of 1934, as amended, any person who (i) is owned or controlled by, or under common ownership or control with, a cable operator, and (ii) provides any wire or radio communications service.
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(b)
Except as provided in this subsection (b), a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. A cable operator may use the cable system to collect such information in order to:
(c)
Except as provided in this subsection (c), a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or cable operator. A cable operator may disclose such information if the disclosure is:
(1)
Necessary to render or conduct a legitimate business activity related
to a cable service or other service provided by the cable operator
to the subscriber;
(2)
Subject to subsection (g) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or
(d)
A
cable subscriber shall be provided access to all personally identifiable
information regarding that subscriber which is collected and maintained
by a cable operator. Such information shall be made available to the
subscriber at reasonable times and at a convenient place designated
by such cable operator. A cable subscriber shall be provided reasonable
opportunity to correct any error in such information.
(e)
A cable operator shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) of this section or pursuant to a court order.
(f)
Any
person aggrieved by any act of a cable operator in violation of this
section may bring a civil action in a United States district court
in accordance with the Communications Act of 1934, as amended.
(g)
A
governmental entity may obtain personally identifiable information
concerning a cable subscriber pursuant to a court order only if, in
the court proceeding relevant to such court order:
(1)
Such entity offers clear and convincing evidence that the subject
of the information is reasonably suspected of engaging in criminal
activity and that the information sought would be material evidence
in the case; and
(2)
The subject of the information is afforded the opportunity to appear
and contest such entity’s claim.
(h)
Compliance
with the requirements concerning protection of subscriber privacy
set forth in the Communications Act of 1934, as amended, shall be
deemed compliance with this section without the necessity of amending
this article or any franchise agreement entered into pursuant hereto.
(2005 Code, sec. 13.5.50)
(a)
Interference with cable service prohibited.
Neither
the owner of any multiple-unit residential dwelling nor his agent
or representative shall interfere with the right of any tenant or
lawful resident thereof to receive cable television service, cable
installation or maintenance from a cable television company regulated
by and lawfully operating under a valid and existing cable television
franchise issued by the city.
(b)
Gratuities and payments to permit service prohibited.
Neither the owner of any multiple-unit residential dwelling nor his
agent or representative shall ask, demand or receive any payment,
service or gratuity in any form as a condition for permitting or cooperating
with the installation of a cable television service to the dwelling
unit occupied by a tenant or resident requesting service.
(c)
Penalties and charges to tenants for service prohibited.
Neither the owner of any multiple-unit residential dwelling nor his
agent or representative shall penalize, charge or surcharge a tenant
or resident or forfeit or threaten to forfeit any right of such tenant
or resident who requests or receives television service from a grantee
operating under a valid and existing cable television franchise issued
by the city.
(d)
Reselling service prohibited.
No person shall resell,
without the expressed, written consent of both the grantee and the
city, any cable service, program, or signal transmitted by a cable
television company operating under a franchise issued by the city.
(e)
Protection of property.
Nothing in this article shall
prohibit a person from requiring that cable television system facilities
conform to laws and regulations and reasonable conditions necessary
to protect safety, functioning, appearance and value of premises or
the convenience and safety of persons or property.
(f)
Risks assumed by grantee.
Nothing in this article shall
prohibit a person from requiring a cable television company from agreeing
to indemnify the owner, or his agent or representatives, for damages
or from liability for damages due to negligence of whatever form caused
by the installation, operation, maintenance or removal of cable television
facilities.
(2005 Code, sec. 13.5.51)
(a)
Each
cable system franchised by the city shall provide at least one government
access channel dedicated to the city, one education access channel
dedicated to all schools (public and private nonprofit) within the
city, and one community access channel to be utilized by the public
and otherwise in accordance with a grantee’s franchise. For
the purposes hereof, access channels designated in this section for
such uses by the City of Arlington will be deemed as use by the City
of Dalworthington Gardens.
(b)
If
any access channel is being used for non-repetitive programming (excluding
character-generated programming) more than six (6) hours per day,
seven (7) days a week, for twelve (12) consecutive weeks, a grantee
shall, upon receipt of written notice from the city, make an additional
new channel available for the same purpose(s) within sixty (60) days;
provided however, that nothing in this subsection shall require a
grantee to construct additional channel capacity to the cable system
for the sole purpose of providing additional access channel capacity.
(c)
Whenever any access channel, other than the basic access channels required in subsection (a) of this section, is utilized less than four (4) hours per day of six (6) days per week for a continuous period of not less than twelve (12) consecutive weeks, the city may permit different or additional “interim” uses for such channels. A grantee may be permitted to utilize unused access channel capacity under rules and procedures established by the city.
(2005 Code, sec. 13.5.54)
