A.
Whereas
cable communications services have traditionally been limited to television
programming primarily for the purposes of entertainment, advancing
technology permits the delivery of a new generation of interactive
services which invade nonentertainment commercial fields and may extend
from the provision of burglar alarm services to services which permit
the subscriber to shop or bank from his or her home and receive a
vast array of professional, technical, educational and other information,
to medical, fire protection and other emergency services, and to types
of services which are yet unidentified.
B.
Such
services promise significant benefit to the city. They also potentially
generate regulatory needs, the exact nature and scope of which are
impossible to predict, and the enforceability of which could be time
consuming and expensive should a grantee refuse to comply. The need
to regulate could extend to:
1.
Potentially
unfair and unlawful competitive practices by a grantee in operating
and utilizing the cable communications system to provide services;
2.
Inadequate
maintenance or repair by the grantee of the cable communications system;
3.
Invasion
of the privacy of subscribers;
4.
Unethical
or unfair business practices in relation to subscribers or others;
and
5.
A
variety of other regulatory measures which are necessary to protect
the health, safety or welfare of inhabitants of the city.
C.
The provisions of this chapter address such issues by, with few exceptions, placing no limit upon the services which a grantee may provide, mandating few services, prescribing general duties and responsibilities in relation to future public interest issues, and making no attempt, with few exceptions, to limit the services which a grantee may provide to those which may be listed in the grantee's proposal, and reserving broad authority to amend the provisions of Section 4.08.100.
D.
The
purposes of this chapter and this article are to:
1.
Reserve
and vest broad regulatory authority in the city in order to enable
it to enact future regulations which are tailored to address the problems
requiring regulation and to avoid sensitive constitutional issues
which may arise in attempts to regulate the operation of a cable communications
system; and
2.
Establish
general regulatory guidelines defining the rights, duties and responsibilities
of a grantee and the city which may be made more specific, expanded
or otherwise modified to meet future regulatory needs by regulations
enacted by the city or the amendment of this chapter.
(County code § 11-1.1301)
Legal and equitable title to the cable communications system,
including any and all studio facilities and production equipment provided
for community use, the institutional network, and all channels of
whatever kind or nature, shall be vested in the grantee.
(County code § 11-1.1302)
A.
Within
a service area, the services provided by the grantee through its cable
communications system upon both the subscriber and institutional networks
shall be offered uniformly upon nondiscriminatory terms to subscribers
and users and shall not differ based upon geographical location.
B.
Each
application and renewal application for a franchise shall contain
schedules of all home educational and entertainment programming proposed
to be shown on either the subscriber network or institutional network.
The applications shall show for each service area:
1.
All
tiers of service;
3.
A description of all programming from satellite and other sources to be offered on each such channel within each tier of service (including program descriptions) within the times prescribed by Section 4.12.020;
4.
A statement of the minimum number of hours per day and week programs or types of programming described in subparagraph 3 of this subsection will be shown within the times prescribed by Section 4.12.020;
5.
A
statement of the minimum number of hours per day and week each channel
within each tier of service will contain home educational and entertainment
programming which has not previously been broadcast within the city;
and
6.
A statement of all premium services to be offered within each tier of service, together with program descriptions of each such service, and the minimum number of hours per day and week each such service will be available within each tier of service within the times prescribed by Section 4.12.020.
C.
The
provisions of subparagraphs 3, 4, 5 and 6 of this subsection shall
not be applicable to channels described by Section 4.04.035.
D.
Each
application for a franchise shall also contain a description of such
nonentertainment services (whether or not of an interactive nature)
as the applicant offers to provide on either the subscriber network
or institutional network throughout the term of the franchise. For
each such service, applications shall show:
1.
The
nature, scope and extent of each service;
2.
For
each service, any restrictions relating to the geographical location
of delivery and the class of customer or recipient of service;
3.
Schedules
of all rates and charges under which each service will be offered
to customers or recipients;
4.
The
names and addresses for each service of the proposed provider of the
service. If the city expressly requests, either in the request for
proposals or during the review period, the applicant shall provide
the city with a copy of the contract or other legal instrument between
the grantee and the provider; and
E.
During the public hearings prior to the tentative selection of a grantee conducted pursuant to Section 4.08.150 the city council, in its sole discretion, may determine which, if any, such nonentertainment services shown in the application of the applicant, if selected as the grantee, would be vested with a contractual right and duty to perform throughout the term of the franchise. Any such identification may be accompanied by such conditions as are determined to be appropriate, including, but not limited to, conditions relating to the nature and extent of the service provided, the terms and conditions of the provision, and opportunities for the use of the cable communications system by others, including the circumstances under which leased access for such purposes will be provided. Any services so identified, together with the conditions thereof, shall be prescribed in the ordinance offering the franchise to the extent they appear in the application filed by the grantee.
(County code § 11-1.1303)
A.
A grantee's
rights and duties respecting the provision of nonentertainment services
(whether or not of an interactive nature) on either the subscriber
or institutional networks during the term of the franchise shall be
as follows:
1.
A
grantee shall be authorized, but not vested with a contractual right
or duty, to provide services which either:
a.
Have been identified in its application but have not been prescribed
by the ordinance offering the franchise; or
2.
A grantee shall be vested with a contractual right and duty to provide the services prescribed by the ordinance offering the franchise during the entire term of the franchise. Such services shall be provided in compliance with all conditions prescribed by the ordinance. Pursuant to Section 4.20.050, such services may be regulated, and the conditions applicable thereto set forth in the resolution may be modified or expanded; provided, however, no such service shall be prohibited.
B.
A grantee providing a nonentertainment service or desiring to offer or provide such a nonentertainment service which has not been identified in the ordinance offering the franchise (whether or not the service has been described in the grantees application), at any time during the term of the franchise, may file with the city clerk a written request for the approval of the vesting thereof. The written request shall contain such information as is required by the city council. Not later than thirty calendar days following the date of the filing of the request for approval, the city council shall commence a public hearing thereon, notice of which shall be given in the manner prescribed by Section 4.08.060. At the conclusion of the public hearing, the city council, in its sole discretion, may either approve or disapprove the proposed service. If the service is approved, the approval may be granted upon such conditions as are described by Section 4.20.030(E). A grantee, from and after the date of such approval shall be vested with a contractual right and duty to provide such a service subject to the following limitations. The service shall be provided in compliance with all conditions prescribed by the approval. Pursuant to Section 4.20.050, such service may be regulated and the conditions set forth in the approval may be modified or expanded, but no such service may be prohibited.
(County code § 11-1.1304)
A.
No nonentertainment
service (whether or not of an interactive nature) provided through
the cable communications system shall be provided or operated in a
manner which is detrimental to the public peace, health, safety or
welfare.
B.
The city council, from time to time during the term of a franchise, after public hearings, notice of which is given in the manner prescribed by Section 4.08.060, and subject to the Act, may exercise the following powers:
1.
Prohibit or adopt rules or regulations governing the provision of the manner of operation or the provision of a nonentertainment service which either has been described by the application for the franchise but not identified in the ordinance offering the franchise or which has not been described, identified or specified either in the application or ordinance offering the franchise, and which has not been approved pursuant to Section 4.20.040 (B); or
2.
Adopt rules or regulations governing or modifying or adding conditions relating to the provision or manner of operation or provision of a nonentertainment service which has either been identified by the franchise agreement or approved pursuant to Section 4.20.040(B).
C.
A grantee shall comply with any such conditions, rules or regulations; provided, however, with respect to any service identified by the ordinance offering the franchise or approved pursuant to Section 4.20.040(B), a grantee shall be authorized to terminate the service in lieu of complying with the conditions, rules or regulations applicable thereto adopted pursuant to this section.
D.
The
powers of the city council under this section are coextensive with
those which are authorized by laws of the state or United States and
with those defined by the police power expressed by Section 7 of Article
XI of the Constitution of the state. A grantee shall not, in relation
to this section, have contractually or otherwise waived any constitutional
right which would otherwise be applicable to a franchised cable communications
operator.
(County code § 11-1.1305)
B.
It is
understood that with respect to home educational and entertainment
programming on either the subscriber or institutional networks, the
broad categories of video programming which a grantee has elected
to propose in its application are among the material factors which
are considered in selecting the grantee.
C.
It is also understood that changing circumstances, including marketing strategy, program availability and other factors may require that particular cable services identified in the grantee's application pursuant to Section 4.20.030 will be rearranged, replaced or removed from time to time during the term of the franchise.
D.
Therefore, a grantee shall be authorized to alter the particular cable services from time to time during the term of a franchise but may not, in so doing, materially reduce or eliminate the broad categories of video programming which have been identified in the grantee's application and the franchise ordinance without the prior consent of the city council obtained in accordance with subsection (a) of Section 625 of the Act.
(County code § 11-1.1306)
A.
No home
educational or entertainment service provided through a cable communications
system shall be provided or operated in a manner which is detrimental
to the public peace, health, safety or welfare. The provisions of
this section shall not be self-executing, shall not authorize the
city or any other public authority to establish bans upon services
in advance of the offering thereof, and may be invoked solely pursuant
to the procedure set forth in this section.
B.
If the city council determines that there is reason to believe that a particular service provided through a cable communications system is of a type or is otherwise provided in a manner which is detrimental to the public peace, health, safety or welfare, the city council shall schedule a public hearing. Written notice identifying the service or services or method or provision subject to the determination shall be mailed to the grantee not later than thirty days in advance of the hearing. Notice of the hearing shall be given in the manner prescribed by Section 4.08.060. If, at the conclusion of the public hearing, the city council determines that a service is being provided of a type or in a manner which is detrimental to the public peace, health, safety or welfare, the city council may enact regulations which prohibit the services or otherwise regulate the manner of the provision thereof, as the case may be, and may enforce the regulation by appropriate action in the courts of the state.
C.
The
powers of the city council under this section shall be coextensive
with those which are authorized by laws of the state or United States
and with those defined by the police power expressed by Section 7
of Article XI of the Constitution of the state. A grantee shall not,
in relation to this section, have contractually or otherwise waived
any constitutional right or right provided by the Act which would
otherwise be applicable to a franchised cable communications operator.
(County code § 11-1.1307)
A.
No grantee
shall remove or offer to remove any potential or existing subscriber
antenna or provide any inducement for removal as a condition respecting
the provision of service.
B.
It is
not necessarily the city's intention to prohibit the erection or controlled
use of individual television antennas, and no one is or will be required
to receive cable communications service or connect with a cable communications
system.
C.
Nothing
in this chapter shall be construed to prohibit any person from constructing
or operating any private noncommercial satellite receiving station
to the extent permitted by city, state and federal laws.
(County code § 11-1.1308)
A.
No franchise
issued pursuant to the provisions of this title shall expressly or
impliedly authorize the grantee to utilize its cable communications
system to provide any service in such a manner as to unlawfully damage
any business competitor or other third party or violate any statutes
or regulations of the United States or the state; nor shall any grantee,
by act or omission, engage in any anticompetitive practice in violation
of any statutes or regulations of the United States or the state.
The provisions of this section shall be enforceable in courts of competent
jurisdiction against a grantee by any party who alleges injury as
a result of an alleged violation thereof.
B.
Each
grantee shall hold harmless, indemnify and defend the city and its
officers, agents and employees, from and against any and all suits,
claims and liability for damages, penalties, fines or other relief
arising out of, resulting from or in any manner relating to any act
or omission by the grantee, the allegation of which could constitute
a violation of the provisions of this section.
(County code § 11-1.1309)
A.
In the
event the city fails to renew a franchise, a franchise is canceled
in advance of the expiration of its terms or a new operator succeeds
to the grantee by assignment or otherwise, the preceding grantee,
without compensation, shall cooperate with the city, new operator
or new grantee in maintaining continuity of service to all subscribers
and users. Such cooperation shall include, but not be limited to,
making records available for inspection and review, the provision
of advice, and other assistance as requested.
B.
Upon written notice mailed by the city to the grantee for the purpose of ensuring the continuity of service to subscribers and users, a grantee, without compensation or other special consideration, shall operate the cable communications system during the period subsequent to the termination of the franchise and shall repair and maintain the system, conduct the business associated with the operation of the system, and provide uninterrupted services during the post-franchise period during such time as is requested by the city pursuant to the terms and conditions of the franchise documents for the franchise which has expired or terminated. During such period, the grantee shall be entitled to revenues and profits and shall be solely responsible for any operating losses; provided, however, the franchise fees prescribed pursuant to Chapter 4.28 shall be payable during such period.
(County code § 11-1.1310)
Each grantee shall continue throughout the term of the franchise
to maintain the technical standards and quality of service set forth
in the franchise documents for such franchise.
(County code § 11-1.1311)
During the term of each franchise, the grantee shall maintain
its cable communications system in good condition and repair, render
efficient service, make repairs promptly and interrupt service only
for good cause and for the shortest time possible.
(County code § 11-1.1312)
It shall be the right of all subscribers to receive all available
services insofar as their financial and other obligations to the grantee
are honored. Neither the city nor the grantee, as to rates, charges,
service, service facilities, rules, regulations or in any other respect,
shall make or grant any preference or advantage to any person nor
subject any person to prejudice or disadvantage. Subject to such regulations
as may be adopted by the city council pursuant to this title, the
grantee shall:
A.
Maintain
a high standard of courtesy in customer relations at all times;
B.
Maintain
a log showing the date, approximate time and duration, type and probable
cause of all headend, trunk or distribution line service interruptions
and/or failures due to causes other than routine testing or maintenance;
such log shall be subject to review by the city council;
C.
Maintain
a conveniently located business office and service center within the
service area with toll free telephone numbers so that subscribers
may report service outages or deficiencies at any time. The office
shall maintain an adequate staff such that subscribers may transact
all necessary business, including the payment of bills, during regular
business hours;
D.
Keep
a written record of all complaints showing at a minimum the date,
subscriber's name and address, nature of the complaint and the action
taken by the grantee;
E.
Restore
any interruption in service as expeditiously as possible and in accordance
with the franchise agreement. Corrective maintenance for institutional
services shall be in accord with the contract terms between the grantee
and the subscriber;
F.
Before
providing cable communications service to any subscriber, the grantee
shall provide a written notice to the subscriber substantially as
follows:
Subscriber is hereby notified that in providing cable television/communications
service the grantee is making use of public rights-of-way within the
city and that the continued use of such rights-of-way is in no way
guaranteed. In the event the continued use of such rights-of-way is
denied to the grantee for any reason, the grantee will make every
reasonable effort to provide service over alternate routes. By accepting
cable television/communications service, subscriber agrees he or she
will make no claim nor undertake any action against the city or its
officers or its employees, if the service to be provided hereunder
is interrupted or discontinued.
G.
There
shall be no charge for service calls to subscribers' homes, except
as provided by agreement;
H.
In the
event the grantee elects to rebuild, modify or sell the system or
the city revokes or fails to renew the franchise, the grantee shall
do everything in its power to ensure that all subscribers receive
continuous, uninterrupted service, regardless of the circumstances,
during the lifetime of the franchise. In the event of a system purchase
by the city or change of grantee, the current grantee shall cooperate
with the city to operate the system for a temporary period in maintaining
continuity of service to all subscribers; and
I.
Upon
the termination of service to any subscriber, a grantee shall promptly
remove all its facilities and equipment from the premises of such
subscriber upon his or her request.
(County code § 11-1.1313)
Each grantee and its officers, agents, employees, contractors
and subcontractors shall respect, refrain from invading and take affirmative
action to prevent the violation of the privacy of subscribers served
by the cable communications system and others.
A.
Neither
the grantee nor any other person, agency or entity shall tap or arrange
for the tapping or monitoring of any cable, line, signal input device
or subscriber outlet or receiver for any purpose whatsoever, except
that the grantee may conduct tests of the functioning of the system
where necessary in order to ensure proper maintenance of the system
and to collect performance data for agencies regulating the quality
of signals, and the grantee may conduct system-wide or individually
addressed "sweeps" for the sole purpose of verifying system integrity
(including individual security system integrity), controlling return
path transmissions, billing for pay services or collecting aggregate
data on viewing patterns by channel. "Tapping" shall mean observing
a communications signal exchange where the observer is neither of
the communicating parties, whether the exchange is observed by visual,
aural or electronic means, for any purpose whatsoever. The provision
of interactive services shall not be construed to be "tapping" or
"monitoring" under this subsection.
B.
The
grantee shall not place in any private residence or in any institution
any equipment capable of two-way communications without the written
consent of the subscriber and shall not utilize the two-way communications
capability of the system for subscriber surveillance of any kind without
the written consent of the subscriber specifying how the data collected
will be used and by whom. Tenants who occupy premises connected by
the system shall be subscribers within the meaning of this subsection,
regardless of who actually pays for the service. The written consents
shall be, and shall show on their face, that they are revocable by
the subscriber at any time by written communication mailed by the
subscriber to the grantee. No penalty shall be invoked for a subscriber's
failure to provide a written consent or for his or her revocation
thereof, and all written consents shall so state on their face. The
grantee shall not make such written consent a condition precedent
to receipt by a subscriber of noninteractive service. The provisions
of this subsection shall not require consent as a condition precedent
to system-wide or individually addressed "sweeps" for the sole purpose
of verifying system integrity, controlling return-path transmissions,
billing for pay services or collecting aggregate data on viewing patterns
by channel.
C.
No cable,
line, wire, amplifier, converter or other piece of equipment associated
with cable communications system services shall be attached to any
residence or other property of a citizen (except within streets) without
first securing the written permission of the owner or tenant of the
property. If such permission is later revoked, whether by the original
or a subsequent owner or tenant, the grantee shall remove forthwith
all of the equipment and promptly restore the property to its original
condition. The grantee shall perform all installations in a workmanlike
manner and shall be responsible for any damage to residences or other
property caused by the installation.
D.
No grantee
or officer, agent or employee thereof shall sell or otherwise make
available lists of the names and addresses of its subscribers or any
list which identifies by name and otherwise individual subscriber
viewing habits, to any person, agency or entity for any purpose whatsoever;
except that the grantee, upon a request, shall provide lists of the
names and addresses of its subscribers to authorized representatives
of the city when the city council deems such information necessary
for the performance of the regulatory functions of the city. Names
and addresses of subscribers within the possession of the city shall
not be subject to public inspection or review.
E.
A grantee
may release the number of subscribers but only as a total number and
as a percentage of the potential subscribers within the franchise
area. When indicating the number of subscribers viewing a particular
channel, a grantee shall indicate only the total number of subscribers
viewing during the relevant time and the percentage of all subscribers
which they represent, but not the identity of any subscriber.
F.
No poll
or other two-way response of subscribers shall be conducted, whether
for commercial purposes, in connection with community use or otherwise,
unless the program of which the poll is a part contains an explicit
disclosure of the nature, purpose and prospective use of the results
of the poll. The grantee shall supervise and monitor all polls in
which responses are received through the cable communications system
and shall adopt and enforce measures which ensure that personally
identifiable information concerning a subscriber, including his or
her viewing habits and response or responses to the inquiry or inquiries,
is not received by any third party, including the party sponsoring
the poll.
G.
A grantee
shall not tabulate any test results, nor permit the use of the system
for such tabulation, which would reveal the commercial product preference
or opinions of individual subscribers or members of their families
or their invitees, licensees or employees, without advance written
authorization by the subscriber.
(County code § 11-1.1314)
Each grantee shall maintain for a period of five years and make
available for inspection and copying by authorized representatives
of the city the following:
A.
A permanent
service log which shows the name and address of each person requesting
maintenance or repair service, the nature of the service requested,
the date and time the request was received, and the disposition (including
the date on which the repair was made or the request otherwise resolved
and the method of resolution);
B.
A permanent
record of each request for a subscription to basic service, including
the name and address of the person making the request, and the date
of the request; and
C.
A permanent record of each written complaint received by the grantee pursuant to the provisions of Section 4.20.190 together with the name and address of the complainant, the nature of the complaint, and the dates and descriptions of any and all investigatory, corrective or other actions taken as a result thereof.
(County code § 11-1.1315)
A.
During
the term of any franchise issued pursuant to the provisions of this
title, each grantee, not less frequently than annually, shall file
a written report with the city clerk. The report shall be filed not
later than forty-five calendar days after the end of the grantee's
fiscal year. The report shall include the following:
1.
A
summary of the activities of the grantee during its previous fiscal
year in the development and operation of the cable communications
system, including, but not limited to: a description of all services
provided through the cable communications system as of the conclusion
of the fiscal year; a statement of the number of subscribers by category
of services rendered as of the end of the fiscal year; and a summary
of the facilities, channels and resources made available during the
fiscal year for community use, including a list of the persons and
organizations which have produced, sponsored and broadcast programming
upon community use channels, a description of the types of programming
provided through such channels, and any recommendations by the grantee
for improvements in community use;
2.
A
specific detailed description of all components, elements and extensions
of the cable communications system which have been installed during
the grantee's previous fiscal year, showing the locations of all such
installations and including copies of the plans, specifications and
drawings showing the components, elements and extensions as installed;
3.
A
statement showing the grantee's investments in property within the
city during the grantee's previous fiscal year, including an identification
of all real property or interests therein within the city acquired
or transferred by the grantee and the amounts which the grantee paid
for the acquisition of such property or interests, a description of
all buildings or other improvements which the grantee constructed
upon or added to real property within the city, together with the
cost of such construction or additions, and an itemization by component
category of all costs of components, elements, and extensions of the
cable communications system;
4.
An
audited statement signed by a public or certified public accountant
of all income received by the grantee during its previous fiscal year,
including an itemization of all services provided through the cable
communications system, the unit or regular rates or charges for such
services, and the amount of income received attributable to each service,
and all other income from whatever sources, including an identification
of each source and the amount of income attributable thereto; and
5.
Audited
financial statements for the grantee's previous fiscal year signed
by a public or certified public accountant, including a balance sheet
and profit and loss statement.
B.
A grantee
shall prepare and furnish to the city council, at the time and in
the form prescribed by the city council, such other reports with respect
to its operations, affairs, transactions or property as the city council
may deem necessary or appropriate to the performance of its functions.
(County code § 11-1.1316)
A.
No grantee
shall deny service, deny access or otherwise discriminate against
subscribers, channel users or general citizens on the basis of race,
color, religion, national origin or sex.
B.
It shall
be the right of all subscribers, subject only to the payment of the
lawful rates and reasonable terms and conditions established by a
grantee or the city council, to receive and continue to receive services.
Initial subscriptions to services shall not be denied to any person
on the basis of the person's credit rating or for other reasons relating
to economic conditions.
(County code § 11-1.1317)
A.
Each
grantee shall have the authority to promulgate rules and conditions
governing the conduct of its business. No such rules or conditions
shall conflict with the franchise documents applicable to the franchise,
the provisions of federal or state statutes or regulations or city
laws.
(County code § 11-1.1318)
A.
The
city and each grantee shall separately designate representatives whose
responsibility it is to receive and investigate complaints relating
to violations of the franchise documents.
B.
As subscribers
are connected or reconnected to a cable communications system, and
at least annually as respects continuing subscriptions, each grantee,
by appropriate means, such as cards or brochures, shall furnish information
concerning the opportunity to make complaints, including the names,
addresses and telephone numbers of the representatives designated
by the grantee and the city.
C.
Each
grantee shall make available for inspection and copying all records
relating to complaints and make such other information available to
the city's representatives as necessary to permit a complete investigation
of the complaints by the representatives.
(County code § 11-1.1319)
To provide for technological, economic and regulatory changes
in the state of the art of cable communications, to facilitate renewal
procedures, to promote the maximum degree of flexibility in the cable
system and to provide on a continuing basis an advanced, modern system,
the grantor and the grantee shall comply with the following system
and services review provisions:
A.
At the
grantor's sole option, the grantor and grantee shall hold a system
and services review session on or about the third anniversary date
of the franchise agreement. Subsequent system review sessions shall
be scheduled by the grantor each three years thereafter.
B.
Sixty
days prior to the scheduled system and services review session, the
grantee shall submit a report to the grantor indicating the following:
1.
A
survey of cable system services which are being provided on an operational
basis, excluding tests and demonstrations, to cities in the United
States of similar size and complexity; and
2.
A
plan for the provision of such services not provided by the grantee
or an explanation indicating why such services are not feasible for
the franchise area.
C.
Topics
for discussion and review at the system and services review sessions
shall include, but shall not be limited to, services provided, the
rate structure, the application of new technologies, system performance,
programming (including access opportunities), subscriber complaints,
user complaints, rights of privacy, amendments to the franchise, undergrounding
processes and developments in the law.
D.
Either
the grantor or the grantee may select additional topics for discussion
at any review session.
E.
Not
later than sixty days after the conclusion of each system and services
review session, the grantor shall issue findings, including specifically
a listing of any cable services not then being provided to the grantor,
which are considered technically and economically feasible. The grantor
may request the grantee to provide such services within a reasonable
time, under reasonable rates and conditions. Failure to provide such
requested services may be considered a breach of the franchise, subject
to remedies as provided in this title.
(County code § 11-1.1320)
At any time the city council may adopt reasonable rules, regulations
and standards governing the operation of cable communications systems
in the city, consistent with the provisions of this title and the
franchise ordinance. Such rules, regulations and standards shall apply
to and shall govern the operations of the grantee of any cable communications
franchise and are expressly declared to be a part of any such franchise.
(County code § 11-1.1321)
Prior to adopting any such rule, regulation or standard, the
city council shall conduct a duly noticed hearing thereon. At the
time set for such hearing or at any adjournment thereof, the city
council shall proceed to hear any relevant evidence relating to the
matter. Thereafter, the city council, by resolution, may adopt, amend
or modify such rules and regulations.
(County code § 11-1.1322)
To the extent not prompted by federal or state laws or regulations,
the standards adopted by the city council may govern the engineering,
construction, installation, service and maintenance of all cable communications
systems in the city, including, but not limited to, standards governing
carrier levels, signal-to-noise ratios, hum modulation, distortion
levels, channel interactions and interreactions, and composite beat
levels.
(County code § 11-1.1323)
In the carrying out of the construction, maintenance and operation
of the cable communications system, the grantee shall not discriminate
against any employee or applicant for employment because of race,
creed, color, sex or national origin.
(County code § 11-1.1324)
The grantee shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, creed, color, sex or national origin. Such action
shall include, but not be limited to, the following: employment upgrading,
recruitment or recruitment advertising, rates of pay or other forms
of compensation, and selection for training, including apprenticeship.
(County code § 11-1.1325)
The grantee shall post in conspicuous places available to employees
and applicants for employment notices setting forth the provisions
of the nondiscrimination clause.
(County code § 11-1.1326)
The grantee, in all solicitations or advertisements for employees
placed by or on behalf of the grantee, shall state that all qualified
applicants will receive compensation for employment without regard
to race, creed, color, sex or national origin.
(County code § 11-1.1327)
The grantee shall incorporate the requirements of this article
relating to nondiscrimination in all of its contracts for work relative
to the construction, maintenance and operation of the cable communications
system, other than contracts for standard commercial supplies or raw
materials, and shall require all of its contractors for such work
to incorporate such requirements in all subcontracts for such work.
(County code § 11-1.1328)
A.
The purpose of this section and Sections 4.20.300 through 4.20.330 is to permit applicants for each cable communications franchise to propose plans and resources for community use programming in order to permit the community to design, produce and present programming of local interest and to promote the educational, recreational and character-building opportunities of the viewing public.
B.
An applicant
who chooses not to make such a proposal shall not be disqualified
from applying for consideration in the selection of the grantee. It
is expressly declared that the factors upon which selection will be
based are so numerous and subjective as to make it impossible to know
in advance the relative importance of a determination by an applicant
to either make or not to make such a proposal in relation to other
factors upon which an award of the cable communications franchise
will be based.
(County code § 11-1.901)
A.
Applicants
for each franchise shall be authorized, alternatively, to propose
in their applications:
B.
An applicant
who proposes community use programming in its application shall include
in the application the following:
1.
Any
standard of criteria which will be utilized in connection with the
following matters:
a.
The time made available for and community use programming covering
candidates for public elective offices during election campaigns;
b.
Program quality control;
c.
The legality of program content and the violation of the legal rights
of others; and
d.
Any and all preconditions of whatever kind or nature relating to
use by third parties of studio facilities or production equipment
and the broadcast of programming presented thereby; and
2.
The
establishment of an independent body proposed by the applicant to
administer PEG programming and community use programming other than
PEG programming produced by a public agency. Such a body shall not
include any officer or employee of the city or a cable communications
area advisory committee; nor shall such body include the appointment
of officers, employees, governing bodies or city councils or committees
of the city. Once formed or created, the body also shall not include
any grantee nor any appointee by a grantee or representative of a
grantee. Any such proposal shall specifically identify the following
representing such a body:
a.
The legal form of existence;
b.
How the body will be established and who will be responsible for
the establishment;
c.
The size, composition and method of selection and appointment of
the members;
d.
The terms of the members and the grounds and procedures for the removal
of members, if any;
e.
The specific powers of the body in relation to the administration
of community use programming and the means by which such will be exercised
and enforced; and
f.
The sources and amounts of funding for the support and operation
of the body.
(County code § 11-1.902)
A.
Community
use programming constitutes a form of access opportunity to members
of the general public to produce programming in separate studio facilities
with minimal instructional assistance, direction and control by a
grantee.
B.
Applicants
desiring to propose community use programming shall include the following
within their applications:
1.
The
number of hours per week that one or more (specifying the number)
channels on the subscriber network will be made available exclusively
for the type of access use programming prescribed by this section;
2.
If
two or more channels are to be made available for such use, a specification
of the tier or tiers of service in which all channels, except the
one included in the basic services, will be placed;
3.
A
description of the location, nature and extent of the separate and
independent studio facilities, production equipment, personnel resources
and other resources to be provided in connection with such access
use and community use programming, designed in such a manner as to
permit operation by members of the public with minimal training and
supervision;
4.
A commitment to make the studio facilities, production equipment, personnel resources, other resources and channels available for use, program production and broadcasts a specified number of hours per day during the term of the franchise; the actual number of days per week and hours per day such resources will be available for use, program production and broadcasts being subject to regulation from time to time by the independent authority created pursuant to Section 4.20.300 (B)(2);
5.
A
commitment to operate and provide the studio facilities, production
equipment, personnel resources, other resources, channel broadcast
time and programming opportunity at the sole cost of the applicant
without any charge whatsoever;
6.
A
statement of the nature and extent of all training to be offered by
the applicant respecting the equipment, operation and training required
as a condition of facility and equipment use and operation by members
of the public; and
7.
A
commitment to allow the use of the studio facilities, production equipment,
personnel resources, other resources and channels for the production
and broadcast of community use programming by members of the general
public, including individuals and local nonprofit community organizations,
on a first-come first-served basis during the term of the franchise.
(County code § 11-1.903)
An applicant may, but shall not be required to, propose, in
its application, PEG facilities, PEG programming or PEG funding. With
respect to any such proposal, the application shall contain:
A.
A description
of the location, nature and extent of the PEG facilities, PEG programming,
PEG funding and other PEG resources proposed to be made available
by the applicant; and
B.
A statement
identifying the parties to whom PEG facilities and PEG funding will
be made available by the grantee and whether the apportionment of
such facilities and funding will be vested within the sole discretion
of the applicant or determined in accordance with standards or criteria
and, if so, a statement of all criteria, standards and requirements
proposed to be utilized by the applicant in apportioning the PEG facilities
and PEG programming should the demand therefor exceed the facilities
and funding proposed by the grantee.
(County code § 11-1.904)
A grantee who has included within its application for the franchise a proposal for community use programming or PEG facilities, PEG programming or PEG funding pursuant to Sections 4.20.290 through 4.20.320 shall comply during the entire term of the franchise with all such commitments contained in its application and the ordinance offering the franchise, including, but not limited to, provision of the specified number of hours of community use programming and/or PEG programming pursuant to the terms and conditions stated, and provision of all studio facilities, production equipment, personnel resources and other resources identified for the uses specified pursuant to the terms and conditions stated. During such term, the grantee shall keep and maintain all such facilities, equipment and resources in good condition and repair and replace any and all such facilities, equipment and resources as necessary to fulfill the obligation that the foregoing be provided and maintained during the entire term of the franchise. The failure to comply with the commitments and obligations identified by this section shall constitute a material violation and breach of the franchise documents.
(County code § 11-1.905)
A.
Applicants
for a franchise shall be authorized, but not required, to include
within their applications proposals for services, resources or benefits
to the city, including, but not limited to, free or discounted rates
for subscriptions to services on the subscriber network or institutional
network, channels or time thereon on the subscriber network or institutional
network, electronic or other equipment, the use of the institutional
network, staffing resources or other services and resources or benefits
for improvement in the delivery of governmental services or efficiency
of governmental operations. A grantee who has proposed such commitments
in its application shall comply during the entire term of the franchise
with all such commitments contained in its application and the ordinance
offering the franchise pursuant to the terms and conditions stated
therein, and the failure to provide such services resources or benefits
pursuant to the terms and conditions stated shall constitute a material
violation and breach of the franchise documents.
B.
An applicant
who chooses not to make such a proposal shall not be disqualified
from bidding or consideration in selection of the grantee. It is expressly
declared that the factors upon which selection will be based are so
numerous and subjective as to make it impossible to know in advance
the relative importance of a determination by an applicant to either
make or not to make such a proposal in relation to other factors upon
which an award of a franchise will be based.
(County code § 11-1.906)
A.
Applicants
for a franchise, for the purpose of promoting improvements in cable
services to the community and influencing the motivation of the city
to select the particular applicant as the grantee, may include within
their applications the commitment of services resources or other benefits
(including, but not limited to, ongoing financial support, channels
or broadcast time thereon, personnel resources or facilities or equipment)
to specifically identified parties other than the city. The application
shall contain an identification of any such commitments, including
a specific description of the nature and extent of all services, resources
or benefits committed, the names and addresses of all parties to whom
the commitments are made, all terms and conditions of the commitments,
and copies of the legal instruments, such as contracts, leases, memoranda
of understanding or other documents, by which the commitments, when
accepted, and the documents executed by the recipients would be evidenced.
Each such legal instrument shall contain provisions requiring that
such services, resources or benefits be utilized exclusively for cultural,
educational, scientific, character-building, recreational or public
service purposes and prohibiting the utilization thereof for commercial
purposes.
B.
During the hearing conducted pursuant to the provisions of subsection E of Section 4.08.150, the city council shall:
1.
Order
such changes in the legal instruments by which the commitment of such
services, resources or benefits are to be evidenced as are found necessary
in order to fulfill the objectives and purposes of the application
submitted by the tentative selectee without altering the nature or
scope of the commitments made or direct the proposed recipients and
tentative selectees to meet separately for the purpose of developing
mutually acceptable changes in the legal instruments for later review
and approval by the city council;
2.
Approve
as to form all legal instruments determined to be sufficient to adequately
express the commitments and terms and conditions thereof; and
3.
Determine
which, if any, of such legal instruments are to be incorporated into
the franchise documents made a part of the terms and conditions of
the franchise and order such incorporation by reference to the instrument
in the ordinance offering the franchise.
C.
With
respect to any legal instrument which is made a part of the franchise
documents by reference in the ordinance offering the franchise, the
violation and breach by the grantee of the obligations therein shall
constitute a material violation and breach of the franchise documents.
The obligations and prohibitions assumed by the recipient under such
legal instruments by either the execution of the instruments or the
acceptance of the services, resources or benefits committed shall
be enforceable either by the grantee or the city. A violation and
breach of the franchise documents by reference in the ordinance offering
the franchise shall not constitute a violation or breach of the franchise
documents. The incorporation of such a legal instrument into the franchise
of any legal instrument which is made a part of the franchise documents
by reference in the ordinance offering the franchise shall not obligate
the city to fulfill any promise contained therein. Services, resources
or benefits committed to specifically identified parties, other than
the city, which are not evidenced by separate legal instruments included
with the application shall not be considered in the selection process.
D.
An applicant
who chooses not to commit services, resources or benefits as authorized
by this section shall not be disqualified from bidding or consideration
in the selection of the grantee. It is expressly declared that the
factors upon which selection will be based are so numerous and subjective
as to make it impossible to know in advance the relative importance
of a determination by an applicant to either make or not to make such
proposals in relation to other factors upon which an award of a franchise
will be based.
(County code § 11-1.907)
