The cable television system shall be constructed in accordance
with the design requirements and construction schedules contained
in the franchise ordinance.
(Ord. 1598 § 1, 1992)
Subject to the line extension standards set forth in this chapter,
the grantee shall design and construct the cable television system
so as to pass by every residential dwelling unit within the franchise
area. Cable television system construction and provision of service
shall be nondiscriminatory, and the grantee shall not deny service
to any section of the franchise area on the grounds of economic preference.
(Ord. 1598 § 1, 1992)
Any cable television system shall provide, at a minimum:
(1) The
operational capability of relaying to subscriber terminals the number
of channels of video programming set out in its franchise ordinance;
(2) Reception
and transmission of broad categories of video programming, subject
to economic and commercial feasibility, including local broadcast
stations, children's programming, foreign language and multicultural
programming, news and sports channels, premium service programming,
and local origination and educational and governmental access channels;
(3) Such
PEG facilities, equipment and services as specified in the franchise
ordinance.
(Ord. 1598 § 1, 1992)
After cable service has been established by activating trunk
and/or distribution cables for any area, the grantee shall provide
cable service to any requesting subscriber within that area within
thirty days from the date of request, provided that (1) such subscriber
is located within one hundred fifty feet of such trunk and/or distribution
cable, (2) the grantee is able to secure all rights-of-way necessary
to extend service to such subscriber within such thirty-day period
on reasonable terms and conditions, (3) the grantee is not required
to construct its service drop in an indirect or circuitous manner,
and (4) the grantee complies with the line extension policies of this
chapter and the franchise ordinance.
(Ord. 1598 § 1, 1992)
The grantee shall offer leased channel service to unaffiliated
third parties in accordance with the provisions of the Cable Communications
Policy Act of 1984.
(Ord. 1598 § 1, 1992)
The grantee shall provide channel capacity for PEG access programming
and for local origination programming, as specified in the franchise
ordinance. The grantee shall not exercise any editorial control over
educational and governmental channels provided pursuant to this chapter.
(Ord. 1598 § 1, 1992)
The grantee shall provide at least thirty days advanced written
notice to the city and subscribers prior to dropping, retiering or
adding any channel to the cable television system.
(Ord. 1598 § 1, 1992)
Each grantee shall install and maintain its wires, cables, fixtures,
and other equipment in accordance with applicable pole attachment
standards, electrical codes and industry standards of the cable television
industry generally applicable to the type of cable system which the
grantee has constructed. Each grantee shall adhere to all building
and zoning codes currently or hereafter in force. Each grantee shall
locate and maintain its line, cables, and other appurtenances, on
public property, in such a manner as to cause no unreasonable interference
with the use of said public property by any person.
(Ord. 1598 § 1, 1992)
The city engineer shall approve the location and method of construction of all underground facilities and equipment located on public rights-of-way (including any above-grade portion of such facilities and equipment), provided such approval is not unreasonably withheld or delayed, and shall be consistent with the provisions of Section
5.24.516 of this chapter, as well as with the design or technical specifications of the system. The city engineer shall also approve the location and installation of all new aerial facilities consistent with Public Utilities Commission, General Order 95. Such facilities and equipment shall be located so as not to endanger persons or property. The construction shall be subject to city permit and inspection fees as may be required by other applicable laws or regulations heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, under or over streets.
(Ord. 1598 § 1, 1992)
Upon written notice to the grantee, the grantee shall furnish
the city with as-built drawings of its entire cable television system
in the city. Upon any material modification of the as-built plans,
such as a system rebuild or trunk replacement, the grantee shall file
the revised as-built plans within thirty days completion of the modification.
(Ord. 1598 § 1, 1992)
Should the grantee fail, refuse or neglect to properly perform
any maintenance or construction work required by the franchise following
due notice from the city and a reasonable opportunity to remedy such
failure, refusal or neglect as provided in this chapter, or should
the grantee fail to commence to perform such work within the period
of time allowed therefor, and diligently progress and complete such
work thereafter, the city manager may, upon five days prior written
notice to the grantee (except in cases of emergency), cause such work
or other act to be completed in whole or in part by city forces or
others, and upon so doing shall submit to the grantee an itemized
statement of the costs thereof. The grantee shall, within thirty days
after receipt of such statement, pay to the city the entire amount
thereof, without off-set or deduction. After thirty days following
the grantee's failure to pay the city said costs, the city may assess
the letter of credit provided for in this chapter, in accordance with
the provisions of this chapter.
(Ord. 1598 § 1, 1992)
The grantee shall comply at all times with FCC technical standards.
Furthermore, if and when the city may, consistent with federal law,
enforce technical standards more stringent than those promulgated
by the FCC, then the city may, subject to the terms of the grantee's
franchise, pursuant to resolution and on the basis of the evidence
presented at a noticed public hearing, establish new technical standards
which exceed the FCC's technical standards.
(Ord. 1598 § 1, 1992)
Upon request by the city not to exceed once per year, the grantee shall perform tests to determine compliance with the FCC technical standards, or those that may be established under Section
5.24.530 of this chapter (if applicable.) The grantee shall provide the city a copy of the test results within thirty days of the completion of the test. The grantee shall permit the city to witness the testing. At any time after commencement of service to subscribers, the city may order that the grantee perform additional tests on the basis of substantial numbers of complaints received or other evidence indicating significant noncompliance with the applicable technical standards. Such additional tests shall be limited to the particular matter in controversy. The costs of any such tests, and any necessary retests, shall be borne by the grantee. The grantee shall permit reasonable access to the cable system to permit the city or its consultants to test the system. The city shall bear the cost of such third-party testing, unless it is determined the grantee is in material noncompliance with the technical standards.
(Ord. 1598 § 1, 1992)