A Franchisee may not require a Subscriber or a building owner or manager to enter into an exclusive contract for the provision of Cable Service as a condition of providing or continuing service.
(Ord. 27787 Ex. A, 2009-02-24)
A.
System construction schedule. Every Franchise shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the Cable System. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.
B.
Use of cable operator’s facilities. The City shall have the right to install and maintain, upon any poles owned by a Cable Operator in the City and utilized for Franchisee’s cable operations, any wire and pole fixtures that do not unreasonably interfere with the Cable System or other operations of the Franchisee; provided, that the Franchisee may charge the City a fair market rate for the use of such poles. Each Cable Operator shall notify the City when and with whom it enters into an agreement for use of its poles and conduits in the City.
C.
Provision of service/quality of service. In addition to satisfying such requirements, as may be established in a Franchise, every Cable Operator shall operate its Cable System subject to the following conditions, except as prohibited by federal law:
1.
It is the policy of the City to ensure that every Cable System provide service in the Franchise Area, upon request, to any person or any government building to the extent permitted by applicable law. The City retains the discretion to evaluate any Franchise proposal, and impose construction and service availability requirements in a Franchise in order to meet the needs of the community, so long as consistent with applicable law.
2.
A Cable Operator must extend service to any person or to any government building which requests it in the City or (if smaller) its Franchise Area within seven days of the request, where service can be provided by activating or installing a drop within 125 feet of the structure to receive service. In cases where a potential Subscriber’s structure is more than 125 feet from a Franchisee’s existing cable plant, a Franchisee must still provide service, so long as the potential Subscriber agrees to bear a share of extension or installation costs, equal to the Franchisee’s incremental cost of an extension that exceeds the 125-foot limit. A Franchisee that requires a potential Subscriber to bear a portion of installation or extension costs must prepare a written estimate of extension costs within seven days of a request for an installation or extension that would be subject to cost sharing.
4.
A Cable Operator shall perform all tests necessary to demonstrate compliance with the requirements of its Franchise and other lawful technical standards. Unless a Franchise or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the Society of Cable Telecommunications Engineers (SCTE) Recommended Practices; specifically, its Recommended Practices for Fiber Optic Cable Construction and Testing and its Recommended Practices for Coaxial Cable Construction and Testing, or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the City within seven days of a request by the City. If a location fails to meet technical or performance specifications, the Operator, without requirement of additional notice or request from City, shall promptly take corrective action, and retest the locations.
D.
System maintenance and technical quality. Scheduled maintenance shall be performed so as to minimize the effect of any necessary interruptions of Cable Service and a Cable Operator shall maintain all transmission equipment as necessary to carry a quality signal from the access facilities provided under this section or any Franchise to Subscribers. A Cable Operator shall maintain all access channels, interconnects, and return lines at the same or better level of technical quality and reliability required by a Franchise and all other applicable laws, rules, and regulations for other channels, services, and interconnects.
E.
Emergency alert capability. A Cable Operator shall provide an Emergency Alert System (“EAS”) and comply with all applicable federal, state, and regional emergency alert and notification statutes, regulations, and plans, and any other requirements that may be contained within a cable Franchise. The City may use the EAS, under procedures established between the City and the Cable Operator, which are consistent with a Cable Operator’s state and federal EAS requirements, to transmit an emergency alert signal, including the ability to override the audio and video on all channels throughout the City from the City’s Emergency Operations Center or other location as may be designated by the City. A Cable Operator shall test the EAS, as required by the FCC. Upon request, the City shall be permitted to participate in and/or witness the EAS testing, up to twice a year, on a schedule formed in consultation with a Cable Operator. If the test indicates that the EAS is not performing properly, a Cable Operator shall make any necessary adjustment to the EAS, and the EAS shall be retested. The City shall permit only appropriately trained and authorized persons to operate the EAS equipment provided, pursuant to this subsection.
F.
Continuity of service. Each Franchisee shall, during the term of the Franchise, ensure that Subscribers are able to receive continuous service. In the event the Franchise is revoked or terminated, the Franchisee may be required to continue to provide service for a reasonable period to assure an orderly transition of service from the Franchisee to another entity. A Franchise may establish more particular requirements under which these obligations will be satisfied.
(Ord. 27787 Ex. A, 2009-02-24)
A.
Communication with regulatory agencies. If requested by the City, a Cable Operator shall file with the City all reports required by the FCC including, without limitation, any proof of performance tests and results; Equal Employment Opportunity (“EEO”) reports; and all petitions, applications, and communications of all types directly related to the Cable System, or a group of Cable Systems of which the Cable Operator’s Cable System in the City is a part, submitted or received by the Cable Operator, an Affiliate, or any other Person on the behalf of the Operator, either to or from the FCC, the Security and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the Cable System; provided, that nothing herein requires a Franchisee to produce regulatory or court filings that are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act filings. If any such documents are available on line, in lieu of filing hard copies with the City, the Cable Operator may direct the City to the on-line location of the information. Nothing in this Section 16A.03.030A affects any rights the City may have to obtain books and records under Chapter 16A.01.
B.
Reports.
1.
Within 45 days of the end of each calendar quarter, a Cable Operator shall submit a report to the City containing the following information:
(a)
The number of service calls (calls requiring a truck roll), received by type, during the prior quarter; and
(b)
The number and type of outages known by the Operator for the prior quarter affecting more than ten Subscribers specifying the following: the duration; the geographical area; the number of Subscribers affected; and, if known, the cause.
2.
No later than 120 days after the end of its fiscal year, a Cable Operator shall submit a written report that shall contain such information as may be required from time to time by the City, and at least the following, unless the City waives the requirement:
(a)
A summary of the previous year’s activities in the development of the Cable System, including descriptions of services begun or discontinued and the number of Subscribers gained or lost for each category of Cable Service;
(b)
A summary of complaints for which records are required under Section 16A.03.030C.1, identifying both the number and nature of the complaints received and an explanation of their dispositions;
(c)
A fully audited or certified revenue report from the previous calendar year for the Cable System;
(d)
An ownership report, indicating all Persons who, at the time of filing, control or own an interest in the Cable Operator of 10 percent or more;
(e)
A list of officers and members of the Board of Directors of the Franchisee and any Affiliates directly involved in the operation or the maintenance of the Cable System;
(f)
An organizational chart showing all corporations or partnerships with more than a 10 percent interest ownership in the Cable Operator, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified, and so on, until the ultimate corporate and partnership interests are identified;
(g)
An annual report of each entity identified in Section 16A.03.030B.2(f), which issues an annual report;
(h)
A complete report on its plant, which shall state the physical miles of plant construction and plant in operation during the prior calendar year categorized as aerial and underground, identify any cases where Subscribers contributed to plant extension, and report the results of appropriate electronic measurements to show conformity with FCC technical standards;
(i)
A report showing, for each cable customer service standard in force, the Cable Operator’s performance with respect to that standard for each quarter of the preceding year. In each case where Cable Operator concludes it did not comply fully, the Cable Operator will describe the corrective actions it is taking to assure future compliance; and
(j)
Once the information required by Sections 16A.03.030B.2(d)-(e) has been filed, it need be refiled only if it changes.
C.
Records required. A Cable Operator shall at all times maintain:
1.
Records of all complaints received with information sufficient to allow the Operator to prepare the reports required in this Section 16A.03.030. The term “complaints” as used herein and throughout this ordinance refers to complaints about any aspect of the Cable System or Franchisee’s operations, including, without limitation, complaints requiring service calls, and complaints about employee courtesy, billing, prices, programming, outages and signal quality;
2.
Records of outages known to the Cable Operator, with information sufficient to allow a Franchisee to prepare the reports required in this Section 16A.03.030;
3.
Records of service calls for repair and maintenance indicating the date and time service was requested; the date of acknowledgment; date and time service was scheduled, if it was scheduled; the date and time service was provided; and, if different, the date and time the problem was solved; and
4.
Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended.
(Ord. 27787 Ex. A, 2009-02-24)
A.
Rate discrimination prohibited. Except to the extent the City may not enforce such a requirement, a Cable Operator is prohibited from discriminating in its rates or charges or from granting undue preferences to any Subscriber, potential Subscriber, or group of Subscribers or potential Subscribers; provided, however, that a Franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain Subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of Subscribers throughout the Franchise Area. A Franchisee may offer discounts for the elderly, the disabled, or the economically disadvantaged, and such other discounts as it is expressly entitled to provide under federal law, if such discounts are applied in a uniform and consistent manner. A Cable Operator shall comply at all times with all applicable federal, state, and City laws, and all executive and administrative orders relating to non-discrimination.
B.
Redlining prohibited. A Cable System Operator shall not deny access or charge different rates to any group of Subscribers or potential Subscribers because of the income of the residents of the local area in which such group resides.
C.
Cable customer service standards. The City retains the continuing authority to enforce provisions of federally-adopted customer service standards in accordance with applicable law or to adopt local customer service standards, in its discretion.
(Ord. 27787 Ex. A, 2009-02-24)
A Cable Operator shall pay to the City a Franchise fee in an amount equal to 5 percent of gross revenues, or such other amount as may be specified in the Franchise; provided, however, that if the Franchise specifies an amount, that amount shall be subject to increase or decrease should federal limits on fee payments be eliminated or changed.
(Ord. 27787 Ex. A, 2009-02-24)
A.
City approval required. No Transfer shall occur without prior written notice to and approval of the City Council. The granting of approval for a Transfer in one instance shall not render unnecessary approval of any subsequent Transfer.
B.
Application.
1.
The Franchisee shall promptly notify the City of any proposed Transfer involving a Cable System.
2.
At least 120 calendar days prior to the contemplated effective date of a Transfer involving a Cable System, the Franchisee shall submit to the City an application for approval of the Transfer. Such an application shall provide complete information on the proposed transaction, including details on the legal, financial, technical, and other qualifications of the Transferee subject to applicable law, and on the potential impact of the Transfer on Subscriber rates and service. At a minimum, the following information must be included in the application, provided that, a Franchisee is not required to duplicate information that it submits to the City to comply with its obligations under federal or state law:
(a)
All information and forms required by FCC Form 394 and any other form that may be promulgated under federal law, or, the equivalent of such forms if no longer required by federal law or if Operator elects not to utilize such forms, any contracts or other documents that relate to the proposed transaction or other documents, schedules, or exhibits that would have been provided to the City under FCC form 394;
(b)
Any shareholder reports or filings with the Securities and Exchange Commission (“SEC”) that discuss the transaction;
(c)
Other information necessary to provide a complete and accurate understanding of the financial position of the Cable System before and after the proposed Transfer; and
(d)
Complete information regarding any potential impact of the Transfer on Subscriber service.
3.
For the purposes of determining whether it shall consent to a Transfer, the City, or its agents, may inquire into all qualifications of the prospective Transferee and such other matters subject to applicable law as the City may deem necessary to determine whether the Transfer is in the public interest and should be approved, denied, or conditioned as provided under Section 16A.03.060C. The Franchisee and any prospective transferees shall assist the City in any such inquiry, and if they fail to do so, the request for Transfer may be denied.
C.
Determination by City. In making a determination as to whether to grant, deny, or grant subject to conditions an application for a Transfer of a Franchise under this Section 16A.03.060C, the City shall consider the legal, financial, and technical qualifications of the transferee to operate the Cable System; any potential impact of the Transfer on Subscriber services; whether the incumbent Cable Operator is in compliance with its Franchise and this subtitle and, if not, the proposed transferee’s commitment to cure such noncompliance; whether the transferee owns or controls any other Cable System in the City, and whether operation by the transferee may eliminate or reduce competition in the delivery of Cable Service in the City; and whether operation by the transferee or approval of the Transfer would adversely affect Subscribers, the public, or the City’s interest under this subtitle, the Franchise, or other applicable law.
D.
Transferee’s agreement. No application for a Transfer of a Franchise, subject to this Section 16A.03.060, shall be granted unless the transferee agrees in writing that it will abide by and accept all lawful terms of this subtitle and the Franchise, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Franchisee under this subtitle and the Franchise for all purposes, including renewal, unless the City, in its sole discretion, expressly waives this requirement in whole or in part.
E.
Approval does not constitute waiver. Approval by the City of a Transfer of a Franchise, pursuant to this Section 16A.03.060, does not constitute a waiver or release of any of the rights of the City under this subtitle or a Franchise, whether arising before or after the date of the Transfer.
F.
Exception for intra-company transfers. Notwithstanding the foregoing, a Franchise may provide that Transfers to Affiliates of a Franchisee shall be excepted from the requirements of Section 16A.03.060A and B where (1) the Affiliate is wholly-owned and managed by an entity that will guarantee the performance under a Franchise or provide other adequate assurance acceptable to the City; and (2) the transferee Affiliate:
1.
Notifies the City of the Transfer at least 60 days before it occurs and, at that time provides the agreements and warranties required by this Section 16A.03.060, describes the nature of the Transfer, and submits complete information describing who will have direct and indirect ownership and control of the Cable System after the Transfer;
2.
Warrants that it has read, accepts, and agrees to be bound by each and every term of the Franchise and related amendment, regulations, ordinances, and resolutions then in effect;
3.
Agrees to assume all responsibility for all liabilities, acts, and omissions known and unknown, of its predecessor Franchisees for all purposes, including renewal;
4.
Agrees that the Transfer shall not permit it to take any position or exercise any right which could not have been exercised by its predecessor Franchisees;
5.
Warrants that the Transfer will not substantially increase the financial burdens upon or substantially diminish the financial resources available to the Franchisee (the warranty to be based on comparing the burdens upon and resources that will be available to the transferee compared to its predecessors), or otherwise adversely affect the ability of the Franchisee to perform;
6.
Warrants that the Transfer will not in any way adversely affect the City or Subscribers (including by increasing rates);
7.
Notifies the City that the Transfer is complete within five business days of the date the Transfer is complete; and
8.
Agrees that the Transfer in no way affects any evaluation of its legal, financial, or technical qualifications that may occur under the Franchise or applicable law after the Transfer, and does not directly or indirectly authorize any additional Transfers.
(Ord. 27787 Ex. A, 2009-02-24)
A.
Subscriber right to attach. To the extent consistent with federal law, Subscribers shall have the right to attach DVRs, receivers, and other terminal equipment to a Franchisee’s Cable System. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.
B.
Removal of existing antennae. A Franchisee shall not, as a condition of providing service, require a Subscriber or potential Subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the Subscriber or potential Subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law.
(Ord. 27787 Ex. A, 2009-02-24)
A.
A Cable Operator shall not discriminate among persons or the City or take any retaliatory action against a person or the City because of that entity’s exercise of any right it may have under federal, state, or local law, nor may the Operator require a person or the City to waive such rights as a condition of taking service.
B.
A Cable Operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, age, disability, religion, ethnic background, marital status, or “pregnancy outcomes” under TMC § 1.29.040. A Cable Operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended.
(Ord. 27787 Ex. A, 2009-02-24; Ord. 28859 Ex. A, 2022-11-22)