[1]
Editor's Note: Former Ch. 425 was repealed by Ord. 20-2000, eff. 7-21-2000.
(a) 
Statement of Intent and Purpose.
(1) 
The City of Pittsburgh, Pennsylvania, pursuant to applicable federal and State law, is authorized to grant one (1) or more nonexclusive Franchises to construct, operate, maintain, and reconstruct Cable Systems within the City.
(2) 
The Council finds that Cable Service has become an integral part of its citizens' lives, and that evolving Cable Systems have the potential to play an even more dramatic role in the future, providing great benefits and advanced capabilities to the City. At the same time, the rapidly emerging role of the cable modem as an integrated broadband communications platform, coupled with the relative lack of competition faced by the incumbent cable operator within the City limits, necessitates a finding that local government has a legitimate and vital role to play in regulating cable services in a manner that ensures customer service while at the same time fostering competition to the extent permitted under law. The Council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers that are vested in the City or such Persons as the City designates.
(3) 
In order to ensure that the City and its residents receive state of the art cable services and capabilities as this technology further evolves, all Franchises granted pursuant to this Chapter will be subject to periodic review and modifications to keep current with changing law, technology, and services. It is the intent of this Chapter to provide for and specify the means to attain the best possible Cable Service to Residents of the City and any Franchises issued pursuant to this Chapter shall be deemed to include this finding as an integral part thereof.
(4) 
The Council further finds that on-going industry consolidation has resulted in less local accountability, and that therefore stringent customer service standards, including liquidated damage provisions, may be the only practical means of ensuring compliance and approximating the costs of Franchise Agreement non-compliance to the City and its residents.
[Ord. No. 24-2006, § 1(11), eff. 12-4-2006; Ord. No. 70-2015, § 1, eff. 12-28-2015]
For the purpose of this Chapter and any agreement awarding a Franchise in accordance herewith, the following definitions apply in this Chapter. References hereafter referred to as "sections" are, unless otherwise specified, references to sections of this Chapter. Defined terms remain defined terms whether or not capitalized. When not inconsistent with the context, words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular, reference to a masculine gender shall include the feminine. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) 
BASIC SERVICE
Any Cable Service tier that includes the lawful retransmission of local television broadcast signals and any Public, Educational, and Governmental Access programming required by this Chapter or a Franchise Agreement to be carried on the basic tier. Basic Cable Service as defined herein shall be consistent with 47 U.S.C. § 543(b)(7) (1997).
(b) 
CABLE ACT
The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, (codified at 47 U.S.C. § 521-611 (1982 & Supp. V. 1987) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and the Telecommunications Act of 1996, Pub. L. No. 104-104 (1996) as it may, from time to time, be amended.
(c) 
CABLE SERVICE or SERVICE
(1) 
The one-way transmission to Subscribers of (i) video programming, or (ii) other programming service; and
(2) 
Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(d) 
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service to multiple Subscribers within the Franchise Area, but such term does not include:
(1) 
A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
(2) 
A facility that serves Subscribers without using any public Right-of-Way; or
(3) 
A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201-226, except that such facility shall be considered a Cable System to the extent such facility, whether on a common carrier basis or otherwise, is used in the transmission of video programming directly to Subscribers.
(e) 
CHANNEL
A portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel (as television channel is defined in the FCC by regulation).
(f) 
CITY
The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania.
(g) 
COMPLAINT
Any oral, written or electronic inquiry, allegation, or assertion made by a Person regarding Cable Service.
(h) 
COUNCIL
The Council of the City of Pittsburgh, Pennsylvania.
(i) 
DIRECT INCREMENTAL COSTS
The costs actually incurred by Franchisee in meeting an obligation under its Franchise which Franchisee would not otherwise have incurred in order to either operate and conduct the business of its Cable System or meet another obligation of the Franchise.
(j) 
DIRECTOR
The Director of the Department of Innovation and Performance, or her/his designee.
(k) 
EDUCATIONAL ACCESS CHANNELS
Access for non-commercial educational Access programming use.
(l) 
FCC
The United States Federal Communications Commission or a designated representative.
(m) 
FRANCHISE
The rights and obligations extended by the City to a Person to own, lease, construct, maintain, or operate a Cable System in the rights-of-way within the Franchise Area for the purpose of providing Cable Services. Any such authorization, in whatever form granted, shall not mean or include: (i) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; (ii) any permit, agreement, or authorization required in connection with operations in the right-of-way including, without limitation, permits and agreements for placing devices on or in poles, conduits, or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the right-of-way.
(n) 
FRANCHISE AGREEMENT
A Franchise granted pursuant to this Chapter.
(o) 
FRANCHISE AREA
The entire existing territorial area within the City as it is now constituted or may in the future be constituted, or any other area in the City for which a Franchise is granted in a Franchise Agreement.
(p) 
FRANCHISE FEE
Any tax, fee, or assessment of any kind imposed by the City or other governmental entity on a Franchisee solely because of its status and activities as such. The term "Franchise Fee" does not include: (i) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment that is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs that are required by a Franchise Agreement to be incurred by a Franchisee for PEG Access equipment and facilities; (iii) costs associated with the construction and operation of an I-Net; (iv) requirements or charges incidental to the award or enforcement of a Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, compliance audits, penalties, or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code.
(q) 
FRANCHISEE
A Person who is granted a Franchise and that Person's agents, employees, lawful successors, transferees, or assignees.
(r) 
GOVERNMENT ACCESS CHANNELS
(1) 
Channels specially designated for non-commercial governmental access programming use; and
(2) 
Facilities and equipment necessary for the use of such channels.
(s) 
INSTITUTIONAL NETWORK or I-NET
Capacity or fibers from both within the primary cable network and/or separately constructed networks that is dedicated to governmental, educational and other publicly funded or not-for-profit organizations. The I-Net includes all equipment required to make the capacity available including but not limited to fiber, coaxial cable, switching, routing, transmitting and receiving equipment necessary for the use of the network.
(t) 
INSTITUTIONAL NETWORK SERVICES
The provision of usable bandwidth capacity to I-Net Users through fiber optic lines for non-commercial applications including but not limited to two-way dedicated voice, data, video and telephony channels connecting and interconnecting facilities owned, leased or used by the City, schools or other units of local government, and other local publicly funded or not-for-profit organizations. Other applications include but are not limited to computerized traffic control systems for coordinated traffic control on an area-wide basis; interconnection of facilities serving police, fire and other public safety systems; interconnection of government buildings for the two- or one-way interchange of video signals; and local area networks or wide-area networks connecting governmental buildings, such as for GIS (Geographical Informational Systems) purposes.
(u) 
INTERNET ACCESS
The provision of cable modem service and transport over the Cable System of Internet and other high-speed data communications.
(v) 
OTHER PROGRAMMING SERVICE
Anything other than one-way video programming offered by Franchisee, including Internet access.
(w) 
PERSON
Any individual, natural person, corporation, partnership, proprietorship, organization, governmental entity, or other form of organization.
(x) 
STATE
The Commonwealth of Pennsylvania.
(y) 
SUBSCRIBER
Any person who is lawfully receiving, for any purpose or reason, any Cable Service whether or not a fee is paid, including each such person in a multiple unit building, except for purposes of reporting or cost allocation, where equivalent subscriber basis may be used.
(z) 
SYSTEM
A Franchisee's Cable System operated pursuant to a Franchise Agreement within the Franchise Area.
Whenever a provision appears requiring the Director to do some act, it is to be construed to authorize the Director to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.
[Ord. No. 24-2006, § 1(11), eff. 12-4-2006; Ord. No. 70-2015, § 1, eff. 12-28-2015]
(a) 
All notices required to be given to the City under any provision of this Chapter shall be deemed served:
(1) 
When delivered by hand in writing to the Director, or to personnel employed by the Department of Innovation and Performance, designated by the Director to attend to cable matters, and during normal business hours.
(b) 
All notices required to be given to the Franchisee under any provision of this Chapter shall be deemed served:
(1) 
When delivered by hand in writing to the person designated in the agreement awarding a Franchise made in accordance herewith; or
(2) 
When regularly mailed to the person so designated.
This Chapter shall not be construed to create or hold the City responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any permit or license nor the approval or disapproval of any equipment authorized herein nor any agreement executed pursuant hereto constitute any representation, guarantee or warranty of any kind by, nor create any liability upon, the City or any official, agent or employee thereof.
Any Franchise awarded by the City by an agreement in accordance herewith shall be a nonexclusive Franchise for the use of the streets, public ways or public places within the City for an initial term as agreed upon by the City and the Franchise applicant for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a cable communications system.
[1]
Editor's Note: Former § 425.07, which pertained to the Pittsburgh Cable Communications Advisory Commission and derived from Ord. 24-2006, eff. 12-4-2006, and Ord. 70-2015, eff. 12-28-2015, was repealed by Ord. 31-2019, eff. 9-10-2019.
[Ord. No. 70-2015, § 1, eff. 12-28-2015; Ord. No. 37-2019, § 1, eff. 12-16-2019]
(a) 
Unlawful to Operate Without a Franchise. It shall be unlawful for any Person to construct, operate or maintain a Cable System or to provide Cable Service in the City without a Franchise.
(b) 
Franchises Nonexclusive. Any Franchise granted pursuant to this Chapter shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional Franchises for a Cable System or any component thereof, to any other Person including itself, as it deems appropriate, subject to applicable federal and State law.
(c) 
Franchises Non-Discriminatory. In the event the City grants more than one (1) Franchise or similar authorization for the construction, operation, or maintenance of any Cable System to a qualified Person in a Franchise Area, the City's policy shall be to grant the Franchises on terms that are non-discriminatory and competitively neutral, provided that nothing herein shall be construed as requiring the use of identical terms or conditions, or limit the enforceability of conditions that are freely negotiated.
(d) 
Franchise Territory. Any Franchise shall be valid within the entire Franchise Area.
(e) 
Federal, State, and City Jurisdiction.
(1) 
This Chapter shall be construed in a manner consistent with all applicable federal and State laws.
(2) 
In the event that the federal or State government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, City may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law.
(3) 
This Chapter shall apply to all Franchises granted or renewed after the effective date of this Chapter. It shall further apply, to the extent permitted by applicable federal or State law, to all existing Franchises granted prior to the effective date of this Chapter.
(4) 
Franchisee's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. Franchisee shall comply with all applicable general laws and ordinances enacted by the City pursuant to that power.
(5) 
Franchisee shall not be relieved of its obligation to comply with any of the provisions of this Chapter or a Franchise Agreement by reason of any failure of the City to enforce prompt compliance.
(6) 
This Chapter and all Franchise Agreements shall be construed and enforced in accordance with the substantive laws of the Commonwealth of Pennsylvania.
(f) 
(Reserved)
(g) 
Rights Reserved to City.
(1) 
In addition to any rights specifically reserved to City by this Chapter or a Franchise Agreement, City reserves to itself every right and power that is required to be reserved by a provision of any other ordinance or under any other Franchise.
(2) 
City shall have the right to waive any provision of this Chapter or a Franchise Agreement, except those required by federal or State regulation, if the City determines: (1) that it is in the public interest to do so and (2) that the enforcement of such provision will impose an undue hardship on a Franchisee or the Subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of City. Waiver of any provision in one (1) instance shall not be deemed a waiver of such provision subsequent to such instance, nor be deemed a waiver of any other provision of this Chapter or a Franchise Agreement unless the statement in its final form approved by the City Council so recites.
(h) 
Franchise Agreement.
(1) 
Every Franchisee shall agree to the terms and provisions of a Franchise Agreement as negotiated between the Franchisee and the City.
(2) 
In addition to those matters required elsewhere in this Chapter to be included in the Franchise Agreement, each Franchise Agreement must contain the following express representations by each Franchisee:
(i) 
Franchisee accepts and agrees to all of the provisions of this Chapter, and any supplementary specifications as to construction, operation, or maintenance of the System which the City may include in the Franchise Agreement.
(ii) 
Franchisee has examined all of the provisions of this Chapter and agrees to the terms and conditions herein.
(iii) 
Franchisee recognizes the right of the City to adopt such additional regulations of general applicability as it shall find necessary in the exercise of its police power.
(3) 
(Reserved)
(4) 
Unless a Franchise Agreement specifically states otherwise, every Franchise shall apply to the entire territorial area of the City.
(5) 
Every Franchise Agreement shall contain such further conditions or provisions as may be included in a request for proposal and/or negotiated between the City and a Franchisee, except that no such conditions or provisions shall be such as to conflict with any provisions of this Chapter or other law. In case of such conflict or of any ambiguity between any terms or provisions of a Franchise Agreement and this Chapter, the words of the Franchise Agreement shall control.
(i) 
Initial Franchise Applications. Any Person desiring an initial Franchise for a Cable System shall file an application with the City. A reasonable nonrefundable application fee established by the City shall accompany the application. Such application fee shall not be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the compensation to be paid to the City by Franchisee, or (ii) part of the compensation to be paid to the City by Franchisee pursuant to this Chapter or a Franchise Agreement. An application for an initial Franchise for a Cable System shall contain, where applicable:
(1) 
A statement as to the proposed Franchise Area;
(2) 
Resume of prior history of applicant, including the legal, technical, and financial expertise of applicant in the cable television field;
(3) 
List of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation;
(4) 
List of officers, directors, and managing employees of applicant, together with a description of the background of each such Person;
(5) 
The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant;
(6) 
A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete, and correct to the reasonable satisfaction of the City;
(7) 
Proposed construction and service schedule; and
(8) 
Any additional information that the City deems applicable.
(j) 
Consideration of Initial Applications.
(1) 
Upon receipt of any application for an initial Franchise, the City Manager shall prepare a report and make his or her recommendations respecting such application to the City Council.
(2) 
A public hearing shall be set prior to any initial Franchise grant, at a time and date approved by the Council. Within thirty (30) days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the Franchise(s) should be granted, and, if granted subject to what conditions.
(k) 
Franchise Renewal. Franchise renewals shall be in accordance with applicable law including, but not necessarily limited to, the Cable Communications Policy Act of 1984, as amended. City and a Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. Franchise renewal may also arise if there are substantial changes to the contractual relationship between the City and the Franchisee.
(l) 
Grant of Additional Franchise and Competing Service.
(1) 
Since competing or overlapping Franchises may have an adverse impact on the public rights-of-way, on the quality and availability of services to the public and may adversely affect an existing operator's ability to continue to provide the services and facilities it is presently providing under a Franchise, the City may issue a Franchise in an area where another Franchisee is operating only following a public hearing to consider the potential impact which the grant of an additional Franchise may have on the community. In considering whether to grant one (1) or more additional Franchises, the City shall specifically consider, and address in a written report, the following issues:
(i) 
The positive and/or negative impact of an additional Franchise on the community.
(ii) 
The ability and willingness of the specific applicant in question to provide cable services to the entire Franchise area which is served by the existing cable operator. The purpose of this subsection is to ensure that any competition which may occur among Franchisees will be on terms which when taken as a whole do not give a competitive advantage to one (1) Franchisee over another.
(iii) 
The amount of time it will take the applicant to complete construction of the proposed system and activate service in the entire Franchise area; and, whether the applicant can complete construction and activation of its system in a timely manner.
(iv) 
The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain, and operate the proposed Cable System for the duration of the Franchise term. In order to ensure that any prospective Franchisee does have the requisite current financial capabilities, the City may request equity and debt financing commitment letters, current financial statements, bonds, letters of credit, or other documentation to demonstrate to the City's satisfaction that the requisite funds to construct and operate the proposed system are available.
(v) 
The quality and technical reliability of the proposed system, based upon the applicant's plan of construction and the method of distribution of signals, and the applicant's technical qualifications to construct and operate such system.
(vi) 
The experience of the applicant in the erection, maintenance, and operation of a Cable System.
(vii) 
The capacity of the public rights-of-way to accommodate one (1) or more additional Cable Systems and the potential disruption of those public rights-of-way and private property that may occur if one (1) or more additional Franchises are granted.
(viii) 
The disruption of existing cable television service and the potential that the proposed Franchise would adversely affect the residents of the City.
(ix) 
The likelihood and ability of the applicant to continue to provide competing cable television service to Subscribers within the entire Franchise area for the duration of the Franchise.
(x) 
Such other information as the City may deem appropriate to be considered prior to granting any competing or overlapping Franchise.
(m) 
Permits for Non-Franchised Entities. The City may issue a license, easement, or other permit to a person other than the Franchisee to permit that person to traverse any portion of the Franchisee's Franchise area within the City in order to provide service outside, but not within the City. Such license or easement, absent a grant of a Franchise in accordance with this Chapter, shall not authorize nor permit said person to provide cable television service of any type to any home or place of business within the City nor render any other service within the City.
(n) 
Any cable communications system or part thereof located in the City right-of-way and not franchised by the City in accordance with this Chapter 425 shall obtain a ROW Use Agreement under Chapter 427 - Telecommunications Systems in the Right-of-Way. The ROW Use Agreement hereunder shall be granted for the sole purpose of providing cable television signals to customers located in an adjoining municipality. The charges and ROW Use Agreement fees stated in subsection (a) hereof shall not apply provided that such adjoining municipality imposes no compensation and franchise fee requirements on any cable communications system or part thereof, franchised by the City in accordance with Chapter 425 which may be located in the adjoining municipality.
(a) 
System Design.
(1) 
Franchisee should offer service that meets the current and future needs of the City, such service shall at a minimum be comparable to services offered by existing providers in the City and surrounding municipalities. The Franchise Agreement shall include a complete description of System Design, and how the System will meet current and future needs of the City.
(2) 
Periodic Review. The Franchise Agreement shall include provisions to ensure cable service and Cable System compatibility with changes in law, technology, and programming and services to maintain a state of the-art system throughout the Franchise term.
(b) 
The System. Every System shall pass by every single-family dwelling unit and multiple-family dwelling unit within the Franchise Area in accordance with line extension policies set forth in the applicable Franchise Agreement. Service shall be provided to Subscribers in accordance with the schedules and line extension policies specified in the applicable Franchise Agreement.
(c) 
Drops to Public Buildings.
(1) 
Every Franchisee shall provide installation of at least one (1) cable drop, and one (1) outlet, provide monthly Basic Cable Service and the most widely subscribed to cable programming service tier, without charge, to public buildings specified by the City. Drops and outlets for other public buildings that are in addition to the one (1) free drop and outlet required by this section shall be provided by every Franchisee at the cost of each Franchisee's time and material. Alternatively, at an institution's request, the institution may add outlets at its own expense, as long as such installation meets the Franchisee's standards. Following the City's designation of additional buildings(s) to receive Cable Service, a Franchisee shall complete construction of the drop and outlet within thirty (30) days if the City requests construction.
(2) 
All such cable service outlets shall not be utilized for commercial purposes. The City shall take reasonable precautions to prevent any use of the Franchisee's Cable System in any inappropriate manner or that may result in loss or damage to the system. Users of such outlets shall hold the Franchisee harmless from any and all liability or claims arising out of their use of such outlets, other than for those claims arising out of improper installation or faulty equipment.
(3) 
In instances where the drop line from the feeder cable to the public building exceeds one hundred twenty-five (125) feet, the Franchisee may charge for the cost of its labor and materials.
(d) 
Use of Franchisee Facilities. The City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of a Franchisee, any wires and fixtures desired by the City to the extent that such installation and maintenance does not interfere with existing operations of a Franchisee.
(e) 
Upgrade of System. Every Franchisee shall upgrade its System (herein referred to as the "System Upgrade"), if required, as set forth in its respective Franchise Agreement.
(f) 
Non-Discriminatory Access To Cable Modem Platform.
(1) 
Conditions Precedent. When one (1) of the following conditions precedent is met, a Franchisee agrees to enter into good faith negotiations with the City to provide non-discriminatory access to its cable modem platform by requesting Internet service providers and on-line service providers, irrespective of whether such providers are affiliated with a Franchisee. The parties agree that such negotiations shall commence within ten (10) days of the occurrence of any of such conditions precedent and that if the parties cannot reach agreement on the terms of such provision within sixty (60) days, the City reserves its right to prescribe such a requirement. Such requirement would be effective upon enactment, unless such action was based on a court decision as provided in Section 3 herein, in which event such requirement will not be effective until such court decision is final, with no appeals remaining.
(i) 
A Franchisee or any of its affiliated entities agrees with a Franchise authority to provide access to its broadband Internet access transport services to one (1) or more unaffiliated Internet service provider(s) in any of its Cable Systems;
(ii) 
Upon entry of an order of the FCC imposing a requirement on a Franchisee or any of its affiliated entities to provide access to its broadband Internet access transport services to one (1) or more unaffiliated Internet service provider(s) in any of its Cable Systems;
(iii) 
Upon entry of a final judgment of a decision in a federal court upholding the imposition of a requirement on a Franchisee of any of its affiliated entities to provide access to its broadband Internet access transport services to one (1) or more unaffiliated Internet service provider(s) in any of its Cable Systems.
(2) 
City's Authority. Approval of a Franchise does not waive or otherwise diminish any lawful authority of the City to otherwise require the provision of nondiscriminatory access to the Franchisee's Cable System for providers of Internet access service.
(a) 
Institutional Network, Access Channels.
(1) 
Every Franchisee shall, to the extent required in its Franchise Agreement and subject to applicable law, and as required by the City, provide or fund on an equal basis with other Cable providers an Institutional Network, that provides two-way broadband voice, video and data capabilities for use by governmental, educational and other publicly-funded or not-for-profit organizations.
(2) 
Every Franchisee shall also provide channel or bandwidth capacity, service, and funding, for separate Public, Educational and Government Access channels, as specified in their Franchise Agreement. All such Access channels shall be provided to all Subscribers.
(b) 
Proof of Performance Testing. To ensure high quality service on the Institutional Network and Access Channels, proof of performance testing throughout the System and on all Channels will be made available to the City throughout the term of a Franchise Agreement. Every Franchisee will monitor Access Channels on a regular basis throughout the System to determine the level of technical quality of Access Channels and to ensure that the level of technical quality on such Channels is the same as on other Channels. A log of such monitoring shall be maintained by the Franchisee for inspection by the City. In the event that a Complaint is made by a programmer of any Access Channels, the Franchisee shall immediately investigate the Complaint and determine whether the Franchisee is in compliance with the technical standards set forth in section 425.11 of this Chapter. The procedures set forth in section 425.11 of this Chapter shall apply with respect to technical testing of Access Channels.
(a) 
General Technical Standards and Customer Service Practices.
(1) 
This Chapter incorporates technical standards and establishes customer service practices that a Franchisee must satisfy. In addition, a Franchisee shall satisfy any additional or stricter requirements established by FCC regulations, or other federal, state or local law or regulation that may be adopted or amended from time to time.
(2) 
A Franchisee shall maintain such equipment and keep such records as are required to enable the City to determine whether the Franchisee is in compliance with all standards required by these regulations and other applicable laws.
(b) 
Technical Standards. The technical standards used in the operation of a System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to the FCC's rules and regulations and found in Title 47, Sections 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The results of any tests required by the FCC, this Chapter, or a Franchise Agreement shall be made available to the City within ten (10) days of conducting such tests.
(c) 
Testing and Compliance Procedure. Tests for a System shall be performed periodically in a manner so as to conform with FCC specifications. The tests may be witnessed by representatives of the City and written test reports shall be made available to the City. If more than ten (10) percent of a Franchisee's locations tested fail to meet the performance standards, the Franchisee shall be required to indicate what corrective measures have been taken and the entire test shall be repeated.
(d) 
Emergency Requirements. Each Franchisee must provide emergency alert override capabilities in a manner consistent with the FCC's emergency alert system ("EAS") rules and consistent with any State and/or regional emergency alert system plans adopted in response to the FCC's EAS rules that are applicable to the Franchise Area.
(e) 
Programming Decisions. Each Franchisee shall provide programming from each of the broad programming categories: education; Pennsylvania news, weather and information; national news, weather and information; cultural and performing arts; national, state and local governmental affairs; sports; programming addressed to diverse ethnic and minority interests in the City; international and foreign language; general entertainment; children/family oriented; and science/documentary. All programming decisions remain within the sole discretion of each Franchisee provided that each Franchisee complies with federal law regarding notice to City and Subscribers prior to any Channel additions, deletions, or realignments, and further subject to the Franchisee's signal carriage obligations pursuant to 47 U.S.C. § 531—536, as may be amended and subject to the City's rights pursuant to 47 U.S.C. § 545, as may be amended. City may reasonably require that a Franchisee conduct and disclose the results of programming surveys from time to time, at the Franchisee's sole expense, to obtain input on programming decisions from Subscribers.
(f) 
Cable System Office Hours and Telephone Availability.
(1) 
Every Franchisee shall maintain a local customer service office conveniently located within the City, so as to allow Subscribers to pay their bills, pick up and return converter boxes and comparable items and receive information on the Franchisee and its services. Such service office shall be open during normal business hours, and shall include some evening and weekend hours. Every Franchisee shall also maintain a publicly listed toll-free or collect call telephone access line that is available to Subscribers twenty-four (24) hours a day, seven (7) days a week. The local or toll-free numbers shall be listed, with appropriate explanations, in all widely utilized local phone directories.
(2) 
Every Franchisee shall have trained representatives on hand at the office for walk-in Subscriber visits and available to respond to Subscriber telephone inquiries during normal business hours. The term "trained representatives" shall mean employees of a Franchisee who have the authority and capability while speaking with a subscriber to, among other things, answer billing questions, adjust bills, and schedule service and installation calls.
(3) 
All employees of a Franchisee shall give their names when answering an incoming call or inquiry, or working in the field. The employee shall provide their company ID if requested by the Subscriber. Supervisory personnel must use their best efforts to respond to Subscriber requests to speak with a "manager or supervisor" within two (2) hours of the request under normal operating conditions, during normal business hours and supervisory personnel will respond no later than the following business day. The Franchisee shall keep a report log of such requests available for review by the City.
(4) 
Subscriber reports of offensive language or conduct towards Subscribers by Franchisee employees may be a factor in determining the ability of a Franchisee to meet the community needs and to evaluate the performance of a Franchisee under its existing Franchise.
(5) 
After normal business hours, the telephone access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained representative on the next business day.
(6) 
The Franchisee shall prepare and distribute to the City a calendar of holidays and business days on which the operator will be closed. Franchisee shall also provide notice to Subscribers through answering service/machine, voice mail messages, bill messages, or through its Cable System regarding hours or dates when its offices will not be open. Such notice shall be provided at least five (5) days prior to the date the office will be closed. In addition, during such "closed" periods, the Franchisee shall provide voice messages and notice on its premises of the emergency and after hours contact numbers.
(7) 
Under normal operating conditions, telephone answer time by a customer service representative or automated response unit, including wait time, shall not exceed thirty (30) additional seconds. If a call must be placed on hold or transferred, the time for response by a human customer service representative shall not exceed sixty (60) seconds. Under normal operating conditions, these standards shall be met no less then ninety-five (95) percent of the time measured daily averaged monthly, and reported at least semi-annually.
(8) 
Under normal operating conditions, Subscribers shall not receive a busy signal more than three (3) percent of the time.
(9) 
The period of three (3) hours following major outages (more than twenty-five (25) percent of the Subscribers) or periods of natural disasters are not included in the response requirements above, provided that voice-mail information about the outage has been posted on phone answering equipment and the system bulletin board (assuming outage is not City-wide) and the City has been notified that an outage was in progress, including beginning and ending times, area of outage, location and cause of problem.
(10) 
Actions or negligence of the Franchisee which lead to a high volume of calls (such as incorrect bills, rate increases, late bills or fees, changes in service, plant maintenance, missed appointments, etc.) are considered part of Normal Operating Conditions and are therefore not exempt from compliance with this Chapter.
(11) 
Franchisee shall respond to all Subscriber or user inquiries or complaints within five (5) business days of the inquiry or complaint, except to the extent a more stringent standard is set forth for specific types of activities, inquiries or complaints herein or in the Franchise Agreement.
(12) 
"Response" to the inquiry or complaint shall include correction of bills, completion of service calls or installations, written responses to Subscriber correspondence, correction of problems, provision of working converters, and requested changes in program services.
(13) 
The Franchisee is required to provide documentation of compliance with the requirements of this Section. On a semi-annual basis, the Franchisee will provide the City with reports for hold time, busy signals, and abandonment rate. The Franchisee and the City will meet periodically in order for the Franchisee to submit monthly phone statistics and to explain the report for the period. If such information is not available, a detailed written explanation as to why such information is not available and a date certain upon which such information will be available, shall be provided by the Franchisee. The City may allow periods of excused non-compliance if the Franchisee can provide reasonable documentation that these periods of non-compliance were not within normal operating conditions.
(i) 
The Franchisee will be deemed in compliance if:
(A) 
During a semi-annual period each criterion has been met or exceeded; or
(B) 
If each criterion has been met or exceeded during four (4) consecutive months within the semi-annual period.
(ii) 
Should the Franchisee be found to be in non-compliance, the City shall notify the Franchisee in writing and specify the basis for the finding. Upon notification, the Franchisee shall have thirty (30) days to cure such non-compliance.
(iii) 
If the Franchisee, based upon the available monthly data, fails to cure the non-compliance within the thirty (30) day period, the City may commence enforcement procedures.
(14) 
The Franchisee is encouraged to maintain a customer service home page on the Internet where customers can obtain information.
(g) 
Service Calls and Installations. Under Normal Operating Conditions, each of the following standards must be met no less than ninety-five (95) percent of the time as measured on a quarterly basis:
(1) 
Unless requested by the Subscriber, a Franchisee shall perform service calls, installations, and requested changes in service—upgrades, downgrades, equipment changes, disconnections—during normal business hours. Disconnections for non-payment may only be performed during normal business hours. In addition, maintenance service capability enabling the prompt location and correction of substantial system malfunctions or outages shall be available twenty-four (24) hours a day, seven (7) days a week.
(2) 
At the time an appointment is scheduled, the Franchisee shall inform the Subscriber of service procedures, required payments, possible delays, phone or field verification procedures which are related to the appointment and/or possible rescheduling/cancellation.
(3) 
The appointment window alternatives for standard installations, service calls, and other installation activities, will be within a maximum four (4) hour time block during normal business hours. Franchisees may schedule service calls and other installation activities outside of normal business hours for the express convenience of a Subscriber, if so requested.
(4) 
No Franchisee may cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment.
(5) 
If a Franchisee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber must be contacted, and if the appointment must be rescheduled, it shall be rescheduled to the earliest time that is convenient for the Subscriber.
(6) 
The Franchisee may phone the Subscriber within the appointment window to verify that the appointment is still needed. If the subscriber telephone is answered by a machine or service, the Franchisee must leave a message with a direct or separate dispatch number the Subscriber may use to call back to confirm or reschedule the appointment.
(7) 
Appointments may not be canceled or rescheduled until field personnel of the Franchisee make every reasonable effort to verify that the Subscriber or other authorized adult is not at the address for the appointment, including the following actions:
(i) 
Knock, and use the doorbell to alert the Subscriber; and
(ii) 
Look in the front or backyard as long as such action can be accomplished without trespassing on the Subscriber's property, and without subjecting the Franchisee's representative to physical danger (e.g., dogs).
(8) 
Upon verification that a Subscriber is not at the address during the scheduled appointment window, the Franchisee shall leave a door tag or similar notice with the name of the person leaving the notice, the time the person determined that the Subscriber was not at home; and a direct dispatch number the subscriber may call back to confirm or reschedule an appointment.
(9) 
Any vehicle used for the installation, construction, maintenance, or repair of a Cable System shall bear the identification of the contractor or the applicable Franchisee in a conspicuous place and manner.
(10) 
Reconnections due to erroneous disconnection based on billing or technical errors must be completed at no charge within twenty-four (24) hours of notification by the affected Subscriber.
(11) 
Reconnections after a disconnection attributed to non-payment of bills must be completed within five (5) business days of Franchisee receipt of back payment.
(12) 
Installations or reconnections may not be considered completed nor may customer be billed for services until all ordered, upgraded, or reconnected services, are in full working order.
(13) 
A Subscriber's preference as to the point of entry into a residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible and outlets shall be located for the convenience of the Subscriber. The Franchisee shall use due care in the process of installation and shall repair any damage to the Subscriber's property caused by installation work. Such restoration shall be undertaken as soon as possible after the damage is incurred, shall be subject to subscriber approval of the corrective action, and Franchisee shall use its best efforts to complete the corrective action within no more than thirty (30) days after the damage is incurred. Should such restoration not be corrected within thirty (30) days, the Franchisee shall notify the City and the Subscriber as to the cause for the delay and the date when such action shall be completed.
(14) 
Failure of the Franchisee to maintain adequate budget, sufficient staff or properly trained staff shall not constitute justification for failure to comply with these provisions.
(h) 
Repairs and Interruptions.
(1) 
Every Franchisee will begin working on service interruptions and outages promptly but in no event later than twenty-four (24) hours after the service interruption becomes known. Every Franchisee must begin actions to correct other service problems on the business day following notification of such service problems.
(i) 
Any reports of "no picture/no sound" must be responded to and repaired within twenty-four (24) hours of such report, including arrival of another service technician qualified to repair the problem if the first dispatched technician cannot.
(ii) 
Work not requiring the operator to enter Subscriber premises (or property) shall not require the Subscriber to be available for an appointment and shall not be delayed on account of the Franchisee's inability to arrange an appointment with the Subscriber.
(2) 
Work on all other requests for service must begin by the next business day after notification of the problem and must ordinarily be completed within seventy-two (72) hours of the initial request. If for reasons beyond the Franchisee's control a longer time for the completion of such repairs is necessitated, the Franchisee shall exercise all due diligence to complete the work in the shortest period of time possible.
(3) 
Outside repairs to cable plant which cannot be made by the initial service technician dispatched, shall be re-scheduled within twenty-four (24) hours of the originally scheduled service call. The Subscriber does not need to be home for outside plant and line repairs.
(4) 
A Franchisee may interrupt service only for good cause and for the shortest time possible, including interruption for system upgrade, maintenance and repair. Routine maintenance should occur at times that affect the fewest number of Subscribers, generally between 2:00 a.m. and 5:00 a.m. The Franchisee shall post override notices on the system's channels to advise Subscribers in advance of planned service interruptions. To the extent that specific neighborhoods will be impacted by a planned outage, such as during an upgrade, the Franchisee shall provide advance notice through telephone calls and/or door hangers.
(5) 
If requested, a Franchisee shall provide a credit of one (1) day's Service for each Service Interruption exceeding four (4) hours in any twenty-four (24) hour period, unless it is demonstrated that the Subscriber caused the outage, or the outage was planned as part of an upgrade or other work that occurred between the hours of 12:00 a.m. and 6:00 a.m., of which the City and the Subscriber received appropriate prior notification. A Subscriber is entitled to a full refund for any Cable System or equipment impairment to a pay-per-view event.
(6) 
Technicians that are employed by a Franchisee and capable of performing service related emergency repairs and maintenance must be available twenty-four (24) hours a day, including weekends and holidays.
(7) 
No charge shall be made to a Subscriber for any service call relating to Franchisee owned and Franchisee maintained equipment after the initial installation of Cable Service unless the problem giving rise to the service request can be demonstrated by Franchisee to have been:
(i) 
Caused by the negligence or malicious destruction of cable equipment by the subscriber; or
(ii) 
A problem established as having been non-cable in origin.
(8) 
An "Identified Outage" is construed as reports of no picture/no sound from five (5) or more Subscribers in close geographic proximity or along the same trunk or feeder line.
(9) 
Within ten (10) minutes of an identified outage, the Franchisee will post appropriate messages, including areas or zip codes affected, on an automatic response unit or phone system. Such messages should also provide instructions for Subscribers whose navigation devices may have become deauthorized as a result of the outage.
(10) 
Within one (1) hour of an Identified Outage, service technicians will respond and use all available means to correct the outage in the shortest possible amount of time. The Franchisee shall maintain reports on the cause, area, duration and repair of the outage.
(11) 
Cable drop lines, cable trunk lines, or any other type of outside wiring that comprise part of the Franchisee's Cable System that are located underground, shall be placed in such locations pursuant to the Pittsburgh Code of Ordinances, and the surrounding ground shall be restored as close as is practical to its original condition within seventy-two (72) hours after connection to the Cable System. Except for the Franchisee's maintenance facilities, no cable drop line, cable trunk line, or any other type of outside wiring shall be permitted to lay upon the ground within the City, except for the express purpose of being immediately connected to the Cable System of the Franchisee. The requirements of this subsection shall apply to all installation, reinstallation, service or repair commenced by the Franchisee within the City during normal operating conditions.
The City shall determine in its sole discretion whether operating conditions were not within the control of the Franchisee.
(i) 
Disconnections, Downgrades and Refunds.
(1) 
If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, a Franchisee may disconnect the Subscriber's outlet; provided, however, that such disconnection shall not be effected until after the later of: (i) forty-five (45) days after the due date of the delinquent fee or charge; or (ii) ten (10) days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the latter of (i) or (ii), the Franchisee shall not disconnect.
(2) 
No Subscriber may be disconnected without prior notice consisting, at a minimum, of two (2) of the following types of notices, given at least five (5) business days prior to disconnection.
(i) 
Messages in bold or large type on current bill;
(ii) 
Postcards, or obvious bill stuffers;
(iii) 
Phone call or message.
(3) 
The Franchisee will allow a Subscriber at least fifteen (15) days to resolve a disputed bill or to conduct an investigation concerning a lost payment prior to disconnection.
(4) 
No Subscriber may be disconnected for non-payment if payment of outstanding balances is made before the scheduled date for disconnection, up to and including the last business day before the scheduled disconnection.
(5) 
No Subscriber may be disconnected due to a Franchisee's failure to timely or correctly post payments.
(6) 
Prior to disconnecting service, the technician performing the disconnection must attempt to reach the Subscriber on-site by knocking or ringing at the front door, or contacting other residents on the premises.
(7) 
In the situation where the Subscriber is not home but the residence is in the care and control of another person, the Franchisee shall allow such person to contact the subscriber prior to disconnection.
(8) 
Disconnections for non-payment which are completed in the field must be accompanied by a door tag and copy of the work order, noting the amount of payment in arrears as of the disconnection date, and applicable reconnection charges and procedures. Disconnections made remotely by computer require the Franchisee to mail this same information to the Subscriber at least five (5) business days prior to the actual disconnection. After disconnection, upon payment by the Subscriber of all proper charges in full, the Franchisee shall reinstate service as provided for herein.
(9) 
Absent extenuating circumstances, a Franchisee is not required to reconnect a Subscriber with an undisputed outstanding balance.
(10) 
A Franchisee is permitted to refuse orders for premium or "pay-per-view" services from Subscribers with chronic non-payment records.
(11) 
A Franchisee may disconnect Subscriber premises that are responsible for signal leakage in excess of applicable federal limits. Franchisee may effectuate such disconnection without advance notice, provided that the Franchisee shall immediately notify the Subscriber with door tags and/or telephone calls. If the source of the signal leakage is remedied, the Franchisee shall reconnect the Subscriber at no charge. For purposes of this section, use of FCC-approved navigation devices does not in and of itself constitute signal leakage.
(12) 
Subscribers may request disconnection or a downgrade of cable service(s) at any time. The Franchisee may not impose any charge for service delivered after the requested date of disconnection.
(13) 
If a Franchisee fails to provide Cable Service requested by a Subscriber who is entitled to Cable Service under a Franchise Agreement or this Chapter, the Franchisee shall, after adequate notification and being afforded the opportunity to provide the service, promptly refund all deposits or advance charges paid for the service in question by said Subscriber.
(14) 
If any Subscriber terminates any monthly Service during the first twelve (12) months of receiving service because of the failure of a Franchisee to render the service in accordance with the standards set forth in a Franchise Agreement or this Chapter, the Franchisee shall refund to such Subscriber an amount equal to the installation charges paid by the Subscriber multiplied by the fraction of the twelve (12) month period for which the Subscriber will not be receiving service. In the event that said Subscriber has made an annual payment in advance, a similar portion of said payment shall be refunded by the Franchisee.
(15) 
If any Subscriber terminates, for any reason, any monthly Cable Service prior to the end of a prepaid period, a prorated portion of any prepaid Cable Service fee shall be refunded to the Subscriber.
(16) 
The refund provisions provided for in this section do not alter a Franchisee's responsibility to Subscribers under any separate contractual agreement or relieve a Franchisee of any other liability.
(17) 
Subscribers may be asked, but not required as a condition of any refund or return of Subscriber deposits to personally return such equipment to the Franchisee's office.
(j) 
Communications Between Franchisees and Subscribers.
(1) 
Notifications to Subscribers: Every Franchisee shall provide written information to Subscribers on each of the following topics at the time of installation, at least annually to all Subscribers, at any time upon request, and at least ten (10) days prior to making significant changes in such information:
(i) 
Product and Services offered;
(ii) 
Prices and options for programming services and conditions of subscription to programming and other services and facilities. To avoid confusion as to the total cost of cable service, at the time of installation, all Subscribers must be quoted prices that include Franchise fees and any other fixed costs (such as FCC regulatory fees and public access support payments). Nothing in this section prohibits or restricts use of rates without Franchise fees and/or other fixed cost elements in areawide advertisements;
(iii) 
Installation and maintenance policies including, when applicable, information regarding the Subscriber's home wiring rights and information describing ownership of internal wiring during the period service is provided;
(iv) 
Instructions on how to use services;
(v) 
Instructions on how to place a service call;
(vi) 
Channel positions of programming offered on a system;
(vii) 
Billing and complaint procedures, including the name, address and telephone number of the City's regulatory office;
(viii) 
A copy of the service contract if any;
(ix) 
The availability of signal control devices, and universal remotes and other compatible equipment (a list of brands and models shall be provided upon request);
(x) 
The Franchisee's practices and procedures for protecting against invasions of privacy; and
(xi) 
The address and telephone number of the Franchisee's office to which complaints may be reported and, when applicable, the Franchisee's community unit identifier as specified by the FCC.
(2) 
Franchisee promotional materials, announcements and advertising of service to Subscribers, including pay-per-view or event programming, shall clearly and accurately disclose price terms. In the case of telephone orders, the Franchisee shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before the order is accepted.
(3) 
Subscribers will be given thirty (30) days advance notice of any changes in rates, programming services, or channel positions as soon as possible through announcements on the Cable System or in written form. All such notice shall be provided in such a manner as to be realistically effective in bringing the information to the Subscriber's attention. In addition, every Franchisee shall notify Subscribers thirty (30) days in advance of any significant changes in other information required by this section.
(k) 
Billing.
(1) 
Initial organization and format of all bills must be developed in consultation with the City.
(2) 
Bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic and premium service charges and equipment charges.
(3) 
Bills must clearly show a specific payment date.
(4) 
If a Franchisee chooses to itemize, as a separate line item on bills, Franchise fees or other government imposed fees attributable to the total bill, such fees must be shown in accordance with any applicable law concerning the Franchisee's ability to itemize such fees. In delineating the portion of the bill attributable to Franchise fees or other government imposed fees on the Franchisee, the nomenclature used in the bill to indicate these elements shall be displayed in a manner that truthfully, accurately and fairly portrays the bases for any such fees, taxes or costs.
(5) 
Bills must also clearly delineate all activity during the billing period, including optional charges, rebates, and credits. Nothing in this section prohibits or restricts a Franchisee from offering packages of programming to Subscribers and to identify such packages on the Subscriber bill.
(6) 
The billing statement must clearly and conspicuously indicate the past due date, and if applicable the date certain that a Subscriber's service will be disconnected and a telephone number for the Subscriber to call to make payment arrangements or otherwise resolve a billing dispute.
(7) 
Negative option billing is prohibited unless applicable federal law specifically requires that the Franchisee be permitted to engage in such practice.
(8) 
In case of a billing dispute, a Franchisee must respond to a complaint from a Subscriber within three (3) days. Credits for service shall be issued no later than the Subscriber's next billing cycle after determination that the credit is warranted.
(l) 
Late Payment for Cable Service.
(1) 
Each bill shall specify on its face in a fashion (e.g., boldface type, underlined type, or larger font) emphasizing the following language, or its reasonably functional equivalent: "For payments received after [date] a $ processing fee for late payment may be charged."
(2) 
No processing fees for late payment, however denominated, shall be added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber.
(3) 
No processing fees for late payment, however denominated, shall be added to a subscriber's bill by reason of delay in payment other than those described in this Chapter. All such charges shall be separately stated on the subscriber's bill and include the word "late," or similar term, in the description of them.
(m) 
Construction and Outages. The Franchisee shall post override notices on the system's channels to advise Subscribers in advance of planned construction or maintenance that will cause or is likely to cause service interruptions. To the extent that specific neighborhoods will be impacted by a planned outage, such as during an upgrade, the Franchisee shall provide seven (7) days advance notice through telephone calls and/or door hangers.
(n) 
Complaint Log. Subject to the privacy provisions of 47 U.S.C. § 521 et seq., City and every Franchisee shall prepare and maintain written records of all complaints made to them and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of each Franchisee. Every Franchisee shall make available to City a written summary of such complaints and their resolution upon request.
(o) 
Parental Control.
(1) 
Every Franchisee shall make available to any Subscriber upon request a device for blocking both video and audio portions of any channel(s) of programming entering the Subscriber's premises. Such device shall be provided at no charge, except to the extent that federal law specifically provides otherwise. The Franchisee may, however, require a reasonable security deposit for the use of such a device.
(2) 
Where technically possible, Franchisee shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming.
(p) 
Periodic Subscriber Survey.
(1) 
At least biennially (once every two (2) years), Franchisee shall conduct a Subscriber satisfaction survey regarding products and services offered by Franchisee and provide City the results of such survey(s). Each questionnaire shall be prepared and conducted in good faith so as to present reasonably reliable measures of Subscriber satisfaction. Franchisee and City will work together to safeguard any information Franchisee deems to be proprietary in nature.
(2) 
Upon the request of City, each Franchisee shall facilitate utilization of its current Subscriber mailing lists for the purpose of permitting the City to conduct its own surveys, at the City's expense. Franchisee and City will work together to safeguard any information Franchisee deems to be proprietary in nature.
(q) 
Universal Service. No City resident shall be refused service arbitrarily. Whenever a Franchisee receives a request for Cable Service in an unserved portion of the Franchise area where there are at least twenty (20) dwelling units (which shall be interpreted to include businesses that have agreed to subscribe to Cable Service) within one (1) linear cable mile of the Franchisee's nearest trunk or distribution cable from which it is technically feasible to extend service, or the dwelling unit is within one hundred twenty-five (125) feet of Franchisee's distribution cable, it shall extend its Cable System to such Subscriber at no cost, other than the published standard installation fee charged to all Subscribers.
(r) 
Mobility Limited Subscribers. Upon the request of mobility limited Subscribers, a Franchisee shall arrange for delivery, pickup or exchange or replacement of converters or other equipment at the Subscriber's address, or by the use of a satisfactory equivalent means such as provision of a prepaid postage mailer.
(s) 
Customer Service Reporting Requirements. In addition to the semi-annual reports on telephone service compliance detailed in Section 425.11, the City may require a Franchisee to periodically prepare and furnish to City semi-annual reports and any other reasonable information relevant to the Franchisee's compliance with the customer service requirements of this Chapter. Such reports shall include, at minimum, the following:
(1) 
A Service interruptions report that tracks information on a monthly basis to include:
(i) 
Total number of service interruptions;
(ii) 
Time of all service interruptions;
(iii) 
Total hours that the System was out-of-service as related to planned upgrades, maintenance or channel line-up changes performed by a Franchisee; and
(iv) 
Estimated number of Subscribers affected by each incident. In addition to the above, the City may request that service interruption reports contain graph(s) that depict a Franchisee's performance with respect to the items above for up to a three (3) year period prior to the date the report was requested.
(2) 
A Subscriber statistical report for the System.
(3) 
Results of any technical or performance testing on the System.
(t) 
City Monitoring. In addition to the provision of outlets, cable service or services otherwise required by the Franchise, Franchisee shall provide one (1) service outlet (which shall be at the Director's offices in the City-County Building, unless otherwise specified by City) that shall receive without charge all programming (and any other Cable Services) provided by Franchisee, including, upon request, services of a premium, pay-per-view or other nature. Such service shall be provided in such a manner that the City may monitor the programming and use of the Cable System for compliance with the Franchise, this Chapter, FCC technical standards, and applicable State and federal law.
(u) 
Dispute Resolution.
(1) 
Franchisee recognizes and agrees as a condition of accepting a Franchise under this Chapter, that unless otherwise precluded by applicable state or federal law, the City is responsible for the resolution of all complaints against Franchisee regarding the quality of service, equipment malfunctions, billing disputes, property damage and similar matters, and for the administration of its Franchise including operational problems and similar controversies.
(a) 
Right-of-Way Construction. Prior to commencing any construction in the City, a Franchisee must obtain all necessary permits and licenses required by federal, state and City laws, ordinances and rules, and pay all associated fees. Further, a Franchisee shall comply with all applicable laws, ordinances, rules, and standards relating to the construction, operation and maintenance of a Cable System.
(b) 
Compliance with Laws. At a minimum, and without limitation, a Franchisee shall adhere to all building and zoning codes currently or hereafter in force in the City. The construction, installation, and maintenance of the Cable System shall be effectuated by Franchisee in a manner that is consistent with the laws, ordinances and construction standards of the Commonwealth of Pennsylvania, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code, FCC, and the Standards of Good Engineering Practices for Measurement of Cable Television Cable Systems of the National Cable Television Association to the extent applicable, as well as all other applicable laws, rules, regulations and ordinances that may be modified or amended from time to time.
(c) 
Minimum Interference. All of Franchisee's construction, installation, operation, repair and maintenance, and the arrangement of its lines, cables and other appurtenances, on both public and private property, shall be conducted in such a manner as to cause minimum interference with the rights and reasonable convenience of the public and any property owners that may be affected. In the event of any such interference, the City may require the removal of Franchisee's lines, cables and appurtenances from the public way in question, at the sole expense of the Franchisee.
(d) 
Repair of Property. Franchisee shall promptly repair and restore any City or private property which may be damaged as a result of the construction, installation, operation, repair or maintenance of the Cable System. Any such property damaged or destroyed shall be promptly repaired and restored by Franchisee, at Franchisee's sole cost and expense and to the reasonable satisfaction of the City, to its condition prior to being damaged or shall be replaced by Franchisee with equivalent property.
(e) 
Erection of Poles Prohibited. Franchisee shall not erect, for any reason, any pole on or along any public way in an existing aerial utility system. If additional poles in an existing aerial route are required, Franchisee shall negotiate with the utility for the installation of the needed poles. Any such addition shall require the advance written approval of the City. Franchisee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions.
(f) 
Reservations of Street Rights. Nothing in this Franchise shall be construed to prevent the City from constructing sewers, grading, paving, repairing or altering any public way, or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of Franchisee. If any such property shall interfere with the construction or repair of any public way or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of any public way or any other public improvement, then all such property of Franchisee shall be removed or replaced in such manner as shall be directed by the City so that the same shall not interfere with the public works of such City. Such removal or replacement shall be at the expense of Franchisee.
(g) 
Underground Installation. In those areas within the City where Cable System facilities are currently placed underground, all Cable System facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, Franchisee may install its Cable System facilities above ground, provided that at such time as either electric or telephone utility facilities are placed underground, Franchisee shall likewise place its Cable System facilities without cost to the City. Nothing contained in this section shall require a Franchisee to construct, operate and maintain underground any ground-mounted appurtenances.
(h) 
Conduit. All new trunk and distribution plant which is required to be buried underground pursuant to this Chapter shall be encased in conduit.
(i) 
Provision of Cable Service.
(1) 
Cable Service shall be provided at regular installation and monthly service rates to all residential areas where there is a density of twenty (20) dwelling units per linear plant mile of aerial cable. Franchisee shall extend cable service to areas where there is a lesser density of dwelling units upon payment by requesting households in such areas of a charge which does not exceed Franchisee's actual and direct incremental costs divided equally among the number of requesting households. Such charge shall be exclusive of any standard installation charge.
(2) 
Notwithstanding the foregoing, a Franchisee may not assess an additional line extension charge for new residential developments that when fully constructed will have a density of at least twenty (20) dwelling units in instances where it is demonstrated that the Franchisee failed to take advantage of access to an open trench after being duly notified pursuant to Section 8.10.
(j) 
Access To Open Trenches. The City agrees to require as a condition of issuing a permit for open trenching to any utility or developer that the utility or developer give the Franchisee at least ten (10) days advance written notice of the availability of the open trench, and that the utility or developer provide the Franchisee with reasonable access to the open trench.
(k) 
Aerial Drop Lines. For Subscribers requesting connection requiring a drop in excess of one hundred twenty-five (125) feet, Franchisee shall extend cable service at a rate not to exceed Franchisee's actual direct incremental cost of installation from its main distribution system.
(l) 
Clearing Poles and Cables. Franchisee shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees in and along the public streets, but, in the exercise of such right, Franchisee shall not cut such trees to any greater extent that is reasonably necessary for the construction, erection, installation, maintenance and use of Cable System equipment. Franchisee shall not remove, trim or cut such trees from any public streets without first providing reasonable notice to the City of its intention to do so, such notice to be delivered not less than thirty (30) days in advance. The Franchisee shall compensate the City or any private owners of such trees for any damage caused by such trimming.
(m) 
Temporary Disconnections. Franchisee shall be required, at its expense, to protect, support, temporarily disconnect, relocate in, or remove from, public streets, lands or places, any property of Franchisee whenever required by City upon reasonable written notice by reason of traffic conditions, public safety, street construction or any other public purpose. If public funds are available to any Person using such street, easement or Right-of-Way for the purpose of defraying the cost of any of the foregoing, upon request the City shall assist the Franchisee in making application for such funds.
(n) 
Moving Facilities. Franchisee, on the request of the City, or any Person holding a building permit issued by the City, or any permit issued by an appropriate State agency, shall temporarily move its wires, cables, poles or other Cable System facilities to permit the moving of large objects, vehicles, buildings or other structures. The expense of such temporary moves shall be paid to Franchisee by the Person requesting the same and Franchisee shall have the authority to require such payment in advance. Franchisee shall be given not less than ten (10) days advance notice to arrange for such temporary moves.
(o) 
Work Performed by Others.
(1) 
A Franchisee shall make available to the City the names and addresses of any Person, other than the Franchisee, which performs services pursuant to this Chapter; provided, however, that all provisions of this Chapter remain the responsibility of Franchisee.
(2) 
All provisions of this Chapter shall apply to any subcontractors or others performing any work or services pursuant to the provisions of this Chapter on behalf of a Franchisee.
(p) 
Duty to Franchisee. Nothing contained in this Chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring Franchisee's facilities while performing any work connected with grading, regarding or changing the line of any public way or with the construction or reconstruction of any sewer or water system or utility system.
[Ord. No. 70-2015, § 1, eff. 12-28-2015]
(a) 
Open Books and Records. Each Franchisee shall cooperate with the City with respect to City's administration of this Chapter and its applicable Franchise Agreement. City shall have the right to inspect, at any time during normal business hours all books, records, maps, plans, financial statements and records, service complaint logs, performance test results, and other existing like materials of a Franchisee that relate to the operation of a Franchisee's System and that are reasonably necessary, in the City's judgment, to City's enforcement or administration of this Chapter and/or a Franchise Agreement. The Franchisee shall not be required to maintain any books or records for Franchise compliance purposes longer than seven (7) years. Upon request, the City will treat designated information disclosed by a Franchisee as confidential to the extent permissible under state and federal law.
(b) 
Communications with Regulatory Agencies. Copies of all petitions, applications, communications, and reports submitted by each Franchisee to the FCC, Securities and Exchange Commission, or any other federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting System operations shall be made available to City promptly upon request. Copies of responses from the above regulatory agencies to each Franchisee likewise shall be made available promptly to City.
(c) 
Annual Reports.
(1) 
Each Franchisee shall make available to City, at the end of each of the applicable Franchisee's fiscal years during the term of a Franchise Agreement, the following:
(i) 
A revenue statement certified by an officer of the Franchisee showing, in such detail as acceptable to City, the gross revenues of the Franchisee for the preceding fiscal year;
(ii) 
A current list of names and addresses of each officer and director and other management personnel of the Franchisee;
(iii) 
A list of all documents that relate to the Franchisee's System that were filed with any federal, State, or local agencies during the preceding fiscal year and that were not previously filed with City;
(iv) 
A statement of the Franchisee's current billing practices and charges; and
(v) 
A copy of the Franchisee's current Subscriber Service contract.
(2) 
City and its agents and representatives shall have authority to arrange for and conduct an audit of and copy the books and records of any Franchisee. A Franchisee shall first be given five (5) days notice of the audit, the description of and purpose for the audit, and a description, to the best of City's ability, of the books, records, and documents that City wants to review.
(d) 
Monitoring and Compliance Reports. No later than April 15 of each year, each Franchisee shall make available to the City a copy of the results of all FCC performance tests for the Cable System that are required by Part 76 of the FCC's regulations.
(e) 
Additional Reports. Each Franchisee shall prepare and furnish to City, at the times and in the form prescribed, such additional reports with respect to its operations, affairs, transactions, or property, which in the sole discretion of the City are necessary.
(f) 
Safety.
(1) 
Every Franchisee shall at all times employ the standard of care attendant to the risks involved, and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to employees of the Franchisee.
(2) 
Each Franchisee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of all applicable codes and in such manner that they will not interfere with any installations of the City or any public utility.
(3) 
All lines, equipment, and connections in, over, under, and upon the Right-of-Way and private property within the City, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair.
(g) 
Service Contract and Subscriber Information.
(1) 
Each Franchisee shall have authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable the Franchisee to exercise its rights and perform its obligations under this Chapter and any Franchise Agreement and to assure uninterrupted Service to all of its Subscribers; provided such rules, regulations, terms, and conditions shall not be in conflict with the provisions of this Chapter, a Franchise Agreement, federal, State and/or local law, or any applicable rules and regulations.
(2) 
Every Franchisee shall submit to City any Subscriber contract that it utilizes. If no written contract exists, a Franchisee shall file with the City a document completely and concisely stating the terms of the residential Subscriber contract offered, specifically including the length of the Subscriber contract. The length and terms of any Subscriber contract shall be available for public inspection during normal business hours.
(3) 
The term of a Subscriber contract (excepting certain commercial accounts) shall not be for more than twelve (12) months duration unless after twelve (12) months the contract may be terminated at the Subscriber's option with no penalty to Subscriber. Nothing in this paragraph shall prohibit a Franchisee from entering into Subscriber contracts by reason of a line extension policy for a term that is longer than twelve (12) months in duration.
(a) 
Franchise Fee.
(1) 
As compensation for a Franchise, and in consideration of permission to use the Rights-of-Way of the City for the construction, operation and maintenance, of a Cable System within the City, and to defray the costs of regulation, each Franchisee shall pay to City an annual amount equal to five (5) percent of the Franchisee's Gross Revenues. The term "Gross Revenues" shall not include amounts collected from Subscribers for support of public, educational and governmental access or for support of Institutional Networks as set forth in this Chapter or in any Franchise Agreement.
(2) 
Payments due City under this section shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after the dates listed in the previous sentence. Each payment shall be accompanied by a brief report by a Franchisee showing the basis for the computation and a worksheet listing all of the sources of revenues attributable to the operation of Franchisee's System.
(3) 
No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have for further sums payable under the provisions of this Chapter or a Franchise Agreement. All amounts paid shall be subject to audit and recomputation by City.
(b) 
Security Fund. Each Franchisee shall maintain a security fund with the City to ensure compliance with this Chapter and the applicable Franchise Agreement, in an amount and in a manner as set forth in the Franchisee's Franchise Agreement.
(c) 
Penalties Procedure. Whenever the City has reason to believe that a Franchisee has violated any provision of a Franchise Agreement or this Chapter, City shall first notify the Franchisee of the violation and demand correction within a reasonable time, which shall not be less than twenty (20) days in the case of the failure of a Franchisee to pay any sum or other amount due the City under a Franchise Agreement, and thirty (30) days in all other cases. If a Franchisee fails to correct the violation within the time prescribed, or if a Franchisee is unable to correct the violation and fails to commence corrective action within the time prescribed and to diligently remedy such violation thereafter, the Franchisee shall then be subject to liquidated damages as set forth in the Franchise Agreement.
(d) 
Bonds, Indemnification, and Insurance. Each Franchisee shall maintain bonds and insurance with the City in amounts and in a manner as set forth in the Franchisee's Franchise Agreement. Each Franchisee also shall be required to indemnify the City in a manner as set forth in the Franchisee's Franchise Agreement.
(a) 
Grounds for Revocation. In addition to any rights in this Chapter or a Franchise Agreement, City reserves the right to revoke the Franchise, and all rights and privileges pertaining thereto, in the event that:
(1) 
A Franchisee substantially violates any provision of this Chapter or a Franchise Agreement;
(2) 
A Franchisee attempts to evade any of the provisions of this Chapter or a Franchise Agreement;
(3) 
A Franchisee practices an act of fraud or deceit upon the City; or
(4) 
A Franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.
(a) 
Foreclosure. Upon the foreclosure or other judicial sale of all or a part of a System, or upon the termination of any lease covering all or part of a System, a Franchisee shall notify City of such fact and such notification shall be treated as a notification that a change in control of the Franchisee has taken place, and the provisions of this Chapter governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred.
(b) 
Receivership. City shall have the right to cancel a Franchise Agreement one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a Franchisee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:
(1) 
Within one hundred twenty (120) days after its election or appointment, the receiver or trustee has fully complied with all the provisions of Franchisee's Franchise Agreement and this Chapter and remedied all defaults thereunder; and
(2) 
Such receiver or trustee, within said one hundred twenty (120) days, has executed an agreement, duly approved by a court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Chapter and the applicable Franchise Agreement.
(a) 
City's Right to Purchase System Upon Receipt by Franchisee of a Bona Fide Offer.
(1) 
City shall be entitled to a right of first refusal of any bona fide offer to purchase the System made to a Franchisee. "Bona fide" offer as used in this section means an offer received by a Franchisee that it intends to accept. In the event City decides to purchase pursuant to this section, the price shall be the fair market value, less any offsets, as determined by mutual agreement between the City and the Franchisee, or the bona fide offer, whichever is less.
(b) 
Purchase by City Upon Termination of Franchise Term or Revocation of Franchise.
(1) 
The City may, upon the payment of a fair valuation, ascertain, purchase, acquire, take over, and hold the property and plant of a Franchisee, in whole or in part, on the following conditions:
(i) 
Upon revocation of a Franchise, such valuation shall not include any sum attributable to the value of the Franchise itself and plant and property shall be valued according to its book value at the time of revocation, or the System's initial cost less depreciation and salvage.
(ii) 
At the expiration of a Franchise Agreement, such valuation shall be at fair market value, reduced by the amount of any lien, encumbrance, or other obligation of the Franchisee which the City may assume.
(iii) 
In the event City shall terminate a Franchise pursuant to the provisions of this Chapter or a Franchise Agreement, City shall reimburse the Franchisee for the fair market value of the System, including both tangible and intangible assets.
(a) 
Sale or Transfer of Franchise.
(1) 
No Franchisee shall sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, an interest in or control of a Franchise or Cable System or any of the rights or privileges granted by a Franchise Agreement, without the prior consent of the City, which consent shall not be unreasonably denied or delayed and may be denied only upon a good faith finding by the City that the proposed transferee lacks the legal, technical, or financial qualifications to consummate the transaction and operate the System so as to perform its obligations under this Chapter and the applicable Franchise Agreement. This section shall not apply to sales of property or equipment in the normal course of business. Consent from the City shall not be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by, or under common control with a Franchisee.
(2) 
The following events shall be deemed to be a sale, assignment, or other transfer of an interest in or control of a Franchise or Cable System requiring compliance with this section: (i) the sale, assignment, or other transfer of all or a majority of a Franchisee's assets; (ii) the sale, assignment, or other transfer of capital stock or partnership, membership, or other equity interests in a Franchisee by one (1) or more of its existing shareholders, partners, members, or other equity owners so as to create a new controlling interest in a Franchisee; (iii) the issuance of additional capital stock or partnership membership or other equity interest by a Franchisee so as to create a new controlling interest in a Franchisee; and (iv) a Franchisee's agreement to transfer management or operation of the Franchisee or the System to an unaffiliated entity. The term "controlling interest" as used herein means majority equity ownership of a Franchisee.
(3) 
In the case of any sale or transfer of ownership of an interest in or control of a Franchise or Cable System, the City shall have one hundred twenty (120) days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with FCC Regulations and the requirements of this Chapter and the applicable Franchise Agreement. If the City fails to render a final decision on the request within one hundred twenty (120) days after receipt by the City of all required information, such request shall be deemed granted unless the requesting party and the City agree to an extension of the one hundred twenty (120) day period.
(4) 
City reserves any rights it may have to require that a Franchisee pay all costs and expenses incurred by City in connection with the sale, assignment, or transfer of a Franchise, including but not limited to the City's costs of reviewing the qualifications of any proposed transferees.
(a) 
Discriminatory Practices Prohibited. No Franchisee shall deny Service, deny access, or otherwise discriminate against Subscribers, programmers, or general citizens on the basis of race, color, religion, national origin, sex, or age. Every Franchisee shall strictly adhere to the equal employment opportunity requirements of State and federal law. Each Franchisee shall comply at all times with all other applicable federal, State, and local laws, and all executive and administrative orders relating to non-discrimination.
(b) 
Cable Tapping Prohibited. Neither any Franchisee nor any other Person, agency, or entity shall tap, or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose whatsoever, except as follows:
(1) 
No signals of a cable communications channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for such permission shall be contained in a separate document with a conspicuous statement that the Subscriber is authorizing the activity with full knowledge of the document's provisions. Such written permission shall be for a limited period of time not to exceed one (1) year and may only be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty. Such permission shall be required for each type or classification of cable communications activity planned for the purpose of monitoring individual viewing patterns or practices.
(2) 
Written permission from a Subscriber shall not be required for system-wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing.
[Ord. No. 24-2006, § 1(11), eff. 12-4-2006; Ord. No. 70-2015, § 1, eff. 12-28-2015; Ord. No. 39-2021, § 17, eff. 10-14-2021]
(a) 
Rate Regulation. The City reserves the right to regulate rates for Basic Service and any other services offered over the Cable System, to the extent permitted by federal or State law. Franchisee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76.900, Subpart N. The City shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.
(b) 
Rights Reserved to City.
(1) 
Upon either the expiration or revocation of a Franchise, City shall have discretion to permit and/or require a Franchisee to continue to operate the Cable System for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A Franchisee shall continue to operate the System under the terms and conditions of this Chapter and the applicable Franchise Agreement and to provide the regular Subscriber service and any and all of the services that may be provided at that time.
(2) 
The City shall have the right to compel continued operation of the Cable System whether by the Franchisee, by a trustee or receiver or by the City. The City shall have the option, in the public interest, to temporarily seize the cable assets of the Franchise and operate the system until such time as a dependable interim or permanent system operator is in place. The Franchisee may not remove equipment or documents necessary for continued operation of the system.
(c) 
Administration of Franchise. The City shall be responsible for the continued administration of this Chapter and all Franchise Agreements.
(1) 
The Bureau of Cable for purposes of this Chapter has been established within the Department of Innovation and Performance.
(2) 
The Director shall act as the representative of the City in all matters pertaining to any cable communications system established in the City. The Director, in his or her capacity pertaining to the Bureau of Cable, shall have the following powers and duties:
(i) 
Mediating disputes or disagreements between a subscriber and the Franchisee at either's request, following investigation.
(ii) 
Reviewing and auditing all reports and filings submitted by the Franchisee to the FCC and to the City pursuant to this Chapter.
(iii) 
Promulgating regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of the cable communications system established pursuant to an agreement awarding a Franchise in accordance herewith.
(iv) 
Reviewing all rules and regulations promulgated by the Franchisee or the City regarding cable service and community communications in order to ensure compliance by Franchisee. Copies of rates and rules and regulations, which are hereby declared to be documents of public record, shall be made available by the Director to those who request the same on a cost-per-copy basis.
(v) 
Conferring and coordinating with the Franchisee on the interconnection of the cable communications system created in accordance herewith with any other communications systems, including but not limited to cable communications systems.
(vi) 
Retaining consultants' services as authorized by Council in order to ascertain the best use of public facilities and channels of the system and for other consulting services.
(vii) 
Reporting to Council at Council's request.
(viii) 
Performing other duties assigned under the provisions of this Chapter or other legislation hereafter enacted by the Council or other duties as the Mayor assigns.
(3) 
The Director shall make his or her recommendations, if any, to the Council and the Mayor concerning such requests within ninety (90) days of the receipt of such requests.
(4) 
Council shall take no action on any legislation submitted on the recommendation of the Director pertaining to the cable communications system unless it gives thirty (30) days' notice, in the manner provided by law, of its consideration of such legislation and serves a copy of the notice upon the Franchisee as provided in Section 425.04. The Franchisee shall be an interested party to any hearing conducted with regard to its operation and maintenance of a cable communications system.
(d) 
Nonenforcement by the City. Franchisee shall not be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.
(e) 
Amendment of Agreement. Other than pursuant to changes in law or the legitimate exercise of the City's police powers, Agreements entered into pursuant to this Chapter shall only be amended by mutual consent of both parties. Any such amendment must be in writing.
(f) 
Governing Law and Choice of Forum. This Chapter and any Franchise Agreement granted pursuant to it, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, regardless of the laws that might otherwise govern under applicable principles of the conflicts of law thereof. The parties hereto hereby consent to the jurisdiction of the state and federal courts sitting in Pittsburgh, Pennsylvania for the adjudication of any dispute arising with respect to this Chapter or a Franchise Agreement. In the event that any action should be brought by either party to enforce any of its rights under this Chapter or a Franchise Agreement, the prevailing party in such action shall be entitled to have its reasonable legal fees and court costs reimbursed by the other party hereto.
(g) 
Severability. If any section, provision or clause of a Franchise is held by a court of competent jurisdiction to be invalid or unenforceable, or is preempted by federal or state laws or regulations, the remainder of the Franchise shall not be affected, except as is otherwise provided in the Franchise.
(h) 
Publication of Notices. All public notices required to be published by City under this Chapter or any Franchise Agreement shall be published in a City newspaper of general circulation. Each Franchisee shall pay the costs for publication of its Franchise Agreement and any amendments thereto, as necessary, as such publication is required or authorized by law.