Grantee shall provide the initial services listed in the franchise agreement. Services shall not be reduced without 30 days prior notification to City.
(a) 
A franchise application or proposal for renewal shall include a description of Grantee's system design and a description of programming and services being offered, including optional premium services, a description of facilities being proposed for local origination programming, and facilities being offered to various community institutions. The offer of programming and services contained within a Grantee's application shall be deemed a binding offer of such Grantee for and to the benefit of City and the subscribers of Grantee. In the event a program originator ceases to provide a service, or in the event Grantee determines that other programming or cable services may be of greater benefit to subscribers, Grantee may, subject to subsections (a) and (b) of this Section, and upon 30 days prior written notice to City, substitute services. City may include categories of video programming or other services as franchise requirements as provided by the Cable Communications Policy Act of 1984.
(b) 
The system, after the incorporation of such substitute services, shall satisfy the warranties made by Grantee to subscribers and potential subscribers in its application for a franchise. The City Council shall have the right to review any actual or proposed substitution of service that Grantee has made or may make and may order a change therein if it determines, after a hearing, that any warranty has been violated, or that certain broad categories of video or other information programs that were committed by Grantee in its Proposal are not being delivered. Any such order shall issue only after a public hearing has been scheduled and held; and written notice of such hearing shall have been provided to Grantee and to the public at least 30 days prior to such hearing. Any such order may be enforced by an appropriate action in the courts of California or the United States. A Grantee shall not, in relation to this Section, be deemed to have waived any right accorded to a franchised cable television operator arising under the First Amendment to the Constitution of the United States or Article I, Section 2 of the California Constitution.
(c) 
Notwithstanding subsections (a) and (b), Grantee may, in accordance with the Cable Communications Policy Act of 1984, upon 30 days prior written notice to City, rearrange, replace, or remove a particular cable service required by the franchise if:
(1) 
Such service is no longer available to Grantee; or
(2) 
Such service is available to Grantee only upon the payment of a royalty required under Section 801(b)(2) of Title 17, United States Code, which Grantee can document:
(i) 
Is substantially in excess of the amount of such payment required on the date of Grantee's offer to provide such service, and
(ii) 
Has not been specifically compensated for through a rate or increase or other adjustment.
Notwithstanding subsections (a) and (b), Grantee may take such actions to rearrange a particular service from one service tier to another, or otherwise offer the service, if the rates for all of the service tiers involved in such actions are not subject to regulation.
(Prior code § 63040; added by Ord. No. 1407CCS, adopted 4/28/87)
The "Basic Cable Service" shall include any service tier which includes the retransmission of local television signals and shall include at least one channel for public access, one channel for educational access, and one for government access. This service shall be provided to all subscribers at the established monthly subscription rates.
(Prior code § 63041; added by Ord. No. 1407CCS, adopted 4/28/87)
The "Basic Radio Service" shall include the provision of all audio services designated in the franchise agreement, including retransmission of local broadcast FM radio signals, and cable cast FM signals. This service shall be provided to all subscribers at established monthly subscription rates.
(Prior code § 63042; added by Ord. No. 1407CCS, adopted 4/28/87)
If specified in the franchise agreement, the "Institutional Service" shall include the provision of transmission and/or reception services to institutional users, on a commercial use basis at established rates. Services may include the distribution of video or non-video signals.
(Prior code § 63043; added by Ord. No. 1407CCS, adopted 4/28/87)
"Additional Subscriber Services," not included in the services specified above, may be provided either within the basic cable service rates or on a premium basis, subject to applicable law.
(Prior code § 63044; added by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall operate any cable casting studios on a high-quality, professional basis for the purpose of providing cablecast programming responsive to local needs and interests. The primary emphasis for the local origination channel(s) shall be on providing community-focused programming that is unavailable to viewers on broadcast television channels.
(Prior code § 63045; added by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall provide the PEG access facilities, including channel capacity, necessary interface equipment, and cabling, to permit operation as specified in the franchise agreement.
(Prior code § 63046; added by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall designate channel capacity for commercial use as required by applicable law.
(Prior code § 63047; added by Ord. No. 1407CCS, adopted 4/28/87)
If City determines that a new service would be in the public interest and receives a bona fide offer from a third party to provide such a service, Grantee shall be offered the first right of refusal to provide the service on the same terms. If Grantee declines to provide the service, City may utilize appropriate PEG access facilities to accommodate that service.
(Prior code § 63048; added by Ord. No. 1407CCS, adopted 4/28/87)
City may require that all dwelling units within the franchise area shall be connected physically to the cable system by Grantee by means of drop cables terminating at each dwelling unit, whether or not the dwelling unit's occupants desire to subscribe to cable service. The cost and charges shall be determined at the time such connection is required. Grantee shall be entitled to recover the incremental cost of providing a universal connection.
(Prior code § 63049; added by Ord. No. 1407CCS, adopted 4/28/87)