The grantee's system design and construction shall be such that service shall be made available for the normal installation fee to all residential units within the grantee's service area, as defined in the franchise and this title, including the system extensions required by Section
4.12.050.
(County code § 11-1.801)
A. Subject
to such regulations as may be adopted by the city council, the grantee
shall install cable television service to all persons making a timely
and bona fide request for such service at any location within the
service area.
B. After
the grantee has established service pursuant to a franchise in any
area of the city, such service shall not be suspended or abandoned,
unless such suspension or abandonment has been authorized or ordered
by the city council.
(County code § 11-1.802)
A cable communications system, to be installed and operated
pursuant to this chapter and a franchise granted pursuant to this
title, unless otherwise provided, shall:
A. Be capable
of relaying to subscriber terminals video and audio signals the grantee
is now or hereafter authorized to carry by the Federal Communications
Commission or the city:
B. Distribute
in color television signals which it receives in color;
C. Provide,
as a minimum, channel capacity and basic equipment for program production
in cablecasting for educational, public and governmental access uses;
D. If the
system is to serve an aggregate of five thousand or more dwellings,
have a minimum capacity of fifty downstream video channels;
E. If the
system is to serve an aggregate of five thousand or more dwellings,
have a two-way (bidirectional) capacity upon the initial activation
of the system or at such time as may be extended by the city council;
F. Make
available upon request by any subscriber receiving channels showing
premium services or pay-per-view events, a lockout device which prevents
the unauthorized viewing of such channels; and
G. Make
available to subscribers, upon request, an RF switch permitting conversion
between cable and direct off-air reception.
(County code § 11-1.803)
The cable communications system permitted to be installed and
operated pursuant to this title may also engage in the business of:
A. Transmitting
original cablecast programming not received through television broadcast
signals;
B. Transmitting
any additional broadcast signals permitted by the Federal Communications
Commission;
C. Transmitting
television pictures, films and videotape programs not received through
broadcast television signals, whether or not encoded or processed
to permit reception by only selected receivers or subscribers;
D. Transmitting
and receiving all other signals, digital, voice, audio-visual and
the like; and
E. Transmitting
on a nondiscriminatory basis, and for a reasonable rate, burglar,
fire and other nonbroadcast services which customers request from
persons supplying such services.
(County code § 11-1.804)
Each cable communications system shall include equipment capable
of providing standby power for headend facilities and trunk amplifiers
for a minimum of two hours. The equipment shall be so constructed
as to automatically notify the cable office when it is in operation
and to automatically revert to the standby mode when the AC power
returns. The system shall incorporate all safeguards necessary to
prevent injury to a line-man resulting from a standby generator powering
a "dead" utility line.
(County code § 11-1.805)
A. Each
cable communications system shall include an emergency alert capability
which will permit the city, in times of emergency, to override by
remote control alternatively the audio and visual of all channels
simultaneously.
B. Each
cable communications system shall include the capability to broadcast
from the city's headquarters for civil defense, disaster and emergency
services.
(County code § 11-1.806)
The grantee will be required to provide interconnections to
other nearby cable communications systems, at the time and to the
extent and in the manner specified by the city council, as set forth
in any request for franchise proposals issued by the city council.
(County code § 11-1.807)
Each application for a franchise shall include plans and detailed
specifications for the cable communications system which is proposed
by the applicant. The system shall be constructed and installed by
a grantee in compliance with the plans and specifications contained
in the application, except as modified by other franchise documents.
(County code § 11-1.808)
Each grantee shall construct, install and maintain its cable
communications system in a manner consistent and in compliance with
all applicable laws, ordinances, construction standards, governmental
requirements, FCC technical standards and detailed standards set forth
in the franchise documents. Each grantee shall provide to the city,
upon request, written reports of the grantee's annual proof-of-performance
tests conducted pursuant to FCC standards and requirements. Standards
of cable communications system construction, safety and operation
shall meet, but not be limited to, the following referenced specifications,
unless exceptions are agreed upon between the city and the grantee.
Each grantee shall at all times comply with:
A. The
National Electrical Safety Code (National Bureau of Standards);
B. The
National Electrical Code (National Bureau of Fire Underwriters);
C. California
Public Utility Commission General Orders 95, 112-d and 128;
D. Applicable
FCC and other federal, state and local regulations; and
E. The
codes and other laws of the city.
(County code § 11-1.809)
The construction, installation and maintenance of the cable
communications system shall be performed in an orderly and workmanlike
manner and in close coordination with the public and private utilities
serving the city following accepted construction procedures and practices
and working through existing committees and organizations.
(County code § 11-1.810)
The overall system shall be designed and constructed to meet
all FCC technical performance specifications and standards over a
temperature range of plus or minus fifty degrees Fahrenheit from the
mean temperature of the city area and to function throughout all environmental
extremes expected.
(County code § 11-1.811)
The forward portion of any cable communications system to serve
an aggregate of five thousand or more dwellings shall be capable of
an initial activation of a minimum carriage of fifty Class I television
channels, the full FM broadcast band and pilot carriers or other such
auxiliary signals as required for system control.
(County code § 11-1.812)
The combined forward trunk and distribution system shall deliver
signals to each and every subscriber's receiver which will meet or
exceed the franchise ordinance specifications at the mean system temperature
of plus or minus fifty degrees Fahrenheit, unless otherwise indicated.
This shall include the effects of drop cable, interior splits and
any terminal equipment, such as descramblers and set top converters.
(County code § 11-1.813)
A. The
reverse portion of the cable communications system shall be capable
of initial activation of a minimum of twenty-five MHz band width,
with return signals from each subscriber and institutional (including
all schools) signal source to the extreme end of any area in compliance
with the specifications set forth in the franchise ordinance.
B. Where
applicable, the end of the system specifications shall include the
effects of any signal reprocessing equipment necessary to achieve
forward transmission.
C. Any
signal at the subscriber's television receiver, after being transmitted
to the headend, processed and retransmitted down a forward channel,
shall meet the specifications of the franchise ordinance.
(County code § 11-1.814)
All cable communications systems authorized to be constructed and operated pursuant to this title shall be compatible with respect to signal exchanges between the systems, insofar as financially and technically feasible. One interconnection point shall be specified by the grantees for signal exchanges between any two systems. The interconnection point shall be selected on the most reasonable direct path between the party providing the signal and the party receiving the signal. Signals delivered to an interconnection point by each party shall utilize such electronic parameters as required to be usable by the receiving party. The technical standards set forth in any request for a proposal issued pursuant to Section
4.08.140 shall apply to all signals delivered by any party to such interconnection point.
(County code § 11-1.815)
A comprehensive routine preventive maintenance program shall
be developed, effected and maintained for each system by the respective
grantees to ensure continued top quality cable communications operating
standards in consonance with FCC Part 76 and the technical specifications
stipulated in the franchise ordinance.
(County code § 11-1.816)
A. No newly
constructed system services shall be offered for sale prior to proof-of-performance
testing in accordance with FCC Part 76.601 and the technical specifications
and standards listed in the franchise agreement. This initial proof-of-performance
testing and annual proof-of-performance testing may be conducted by
the city or its designated representative at the city's option, when
for sufficient cause as deemed by the city council or its designated
representative. The city reserves the right to have the measurements
conducted at city selected test points and to a greater number of
test points than the minimum required by Section 76.601, FCC Rules.
Additionally, the grantee shall reimburse the city for all expenses
by it in connection with the city conducting or observing the annual
performance tests when the results of those tests are deemed by the
city to fall below a ninety percent level of compliance with the technical
standards as set forth in FCC Part 76 and in the franchise agreement.
B. If after a public hearing, notice of which has been given in the manner prescribed by Section
4.08.050, the city council finds that a grantee has failed to comply with or maintain the technical standards or quality of service set forth in the franchise documents for such franchise, the city council may order the grantee to make specifically enumerated repairs or improvements in the system or changes in the maintenance, repair or operation of the system. The grantee shall complete such repairs or improvements within a reasonable time and, in any event, not later than six months following the date on which the order requiring repairs or improvements is mailed to the grantee.
(County code § 11-1.817)
The grantee's proof-of-performance testing procedures shall be approved by the city for implementation prior to the initial proof-of-performance testing addressed in Section
4.16.170. The results of the proof-of-performance tests shall be retained for at least five years and shall be available for inspection by the city.
(County code § 11-1.818)
Any antenna structure used in the cable communications system
shall comply with the construction, marking and lighting of antenna
structures required by the United States Department of Transportation.
All system antennas and mounts shall be designed, installed and constructed
to withstand one hundred mile per hour winds.
(County code § 11-1.819)
RF leakage shall be measured adjacent to any proposed or existing
aeronautical navigation or communications radio site to prove no interference
to such services.
(County code § 11-1.820)
All cables and wires shall be installed, where possible, parallel
with electric and telephone lines, and multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
consideration.
(County code § 11-1.821)
All underground cable should be flooded and armor-clad cable
and/or installed in conduit, unless specifically exempted by the city
public works department on a case-by-case basis.
(County code § 11-1.822)
Residential and institutional drop cables should be a double
shielded type and fitted with sealed hex crimp ring high integrity
connectors.
(County code § 11-1.823)
Jacketed cable should be used in any and all areas of the plant
where airborne heavy chemical particles can be expected.
(County code § 11-1.824)
A grantee's corrective maintenance program shall render efficient
corrective service, make repairs promptly and interrupt service only
for good cause and for the shortest time possible. Such interruption
shall be preceded by notice and shall occur during a period of minimum
use of the system. A written log shall reflect the date, time, duration
and reason for each service interruption. The record of the log shall
be kept on file for a minimum of three years.
(County code § 11-1.825)
A grantee at all times shall:
A. Install
and maintain its wires, cables, fixtures and other equipment in accordance
with the requirements of the Building Codes and in such manner that
such equipment will not interfere with any installation of the city;
B. Keep
and maintain in a safe, suitable and substantial condition, and in
good order and repair, all its structures, lines, equipment and connections
in, over, under and upon the streets, sidewalks, alleys and public
ways or places of the city wherever situated or located; and
C. All
working facilities, conditions, and procedures used or occurring during
the construction of the cable communications system shall comply with
the standards of the Occupational Safety and Health Administration.
(County code § 11-1.826)