The franchisee shall maintain and operate an adequate cable system in the City. The franchisee shall use due diligence to maintain continuous and uninterrupted service which shall conform at least to the standards common in the business and the standards adopted by the State and Federal authorities, and to standards of the City contained herein which are not in conflict with those adopted by State and Federal authorities. Under no circumstances is the franchisee liable to the City for an interruption or failure of service caused by acts of God, unavoidable accident, or other circumstance beyond the control of the franchisee through no fault of its own.
(Ord. 5815 § 1, 2013)
The franchisee shall maintain emergency repair service locally on a 24-hours-per-day, seven-days-a-week basis. Such emergency service shall be easily reached by phone during normal business hours and through answering service at all other times.
(Ord. 5815 § 1, 2013)
(1) 
Activation of Service. Franchisee shall promptly provide service upon request at standard installation rates where the potential subscriber can be served by extension of distribution cable past occupied dwelling units, equivalent to a density of 10 dwelling units per quarter mile of cable contiguous to the already activated system. Such density shall be computed on the basis of dwelling units that can be served on either side of the cable.
(2) 
The franchisee shall furnish service under this franchise within City limits whenever there is demand reasonably great enough to justify cost of installing cables and equipment. The City shall have the right to make the determination of the demand, in accordance with the provisions of subsection (1) of this section, but shall give franchisee 15 days’ notice prior to making the determination; and if the franchisee fails to comply with the City’s determination, then this franchise may be terminated pursuant to the procedures of AMC § 3.26.310.
(Ord. 5815 § 1, 2013)
(1) 
Service to Individual Subscribers from Existing System. Where a subscriber can be served from the franchisee’s existing system without extension of trunk or distribution cable, the franchisee shall serve the potential subscriber upon request on the following terms and conditions:
(a) 
The building unit shall be connected to cable at the standard installation charge if the connection can be made with an aerial drop and does not exceed 150 feet.
(b) 
If the aerial connection drop exceeds 150 feet, the potential subscriber may be charged the actual cost for the distance exceeding 150 feet plus standard installation charge; and franchisee may request advance payment for each installation.
(c) 
If the requested installation is to be placed underground, the potential subscriber must pay for furnishing open trench, as specified by the franchisee, backfilling, and restoring the property to its original condition. Franchisee may request advance payment for such work.
(d) 
The franchisee shall arrange for all necessary easements over or under private property. Any easement for such use which has already been granted to a telephone or other utility company shall, to the extent possible, be interpreted so as to grant the franchisee the same rights and privileges as have been granted to the telephone or other utility company. In such easements, the words “telephone” or “telephone company,” “public utility” and the like shall be interpreted to include the franchisee, to the extent possible. Easements granted to the City for City utilities shall not be used for installation of Franchise facilities or improvements.
(e) 
Standard installations will be performed within seven business days after an order has been placed on an average 90 percent of the time throughout the year.
(2) 
Additional Extension of System. In areas not meeting the requirements for mandatory extension of service, franchisee shall provide, upon request of five or more potential subscribers desiring service, an estimate of costs required to extend service to said subscribers and the amount by which said costs exceed what would be the cost of mandatory extension under this section. Franchisee shall extend service to any such dwelling units upon advance payment (or assurance of payment satisfactory to the franchisee) of the additional cost. Such payment shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated in full or in part as consideration for early extension of service.
(3) 
Underground Extension of System.
(a) 
Installation of System. In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give franchisee reasonable notice of such construction or development, including a copy of any final plat and of the particular date on which open trenching will be available for franchisee’s installation of conduit, pedestals and/or vaults, and laterals to be provided at franchisee’s expense. Franchisee shall also provide specifications as needed for trenching.
(b) 
Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if franchisee fails to install its conduit, pedestals and/or vaults, and laterals within five working days of the date the trenches become available, then should the trenches be closed after the two-day period, the cost of new trenching is to be borne by franchisee.
(c) 
In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the franchisee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground.
(d) 
It shall be the policy of the City to encourage all utilities, including franchisee, to place all existing and future transmission and distribution facilities underground. The franchisee agrees with this policy and will work with the City and other utilities to implement this policy.
(4) 
Access to Open Trenches. The City agrees to include the grantee in the platting process for any new subdivision within the franchise area. A utility or developer shall give the grantee at least 20 days’ advance written notice of the availability of an open trench, and a utility or developer shall provide grantee with reasonable access to the open trench. Grantee shall make a good faith effort to utilize such open trenches in its provision of cable service to affected properties so long as such properties are passed by grantee’s cable system, but grantee is not required to utilize any trench. Neither City nor grantee shall be liable or financially responsible for any failure to give franchisee notice of or require notice of a subdivision plat application, or failure to utilize open trenches created by a utility or developer.
(Ord. 5815 § 1, 2013)
(1) 
Basic Service. Basic service is the lowest tier of service regularly provided to all subscribers that includes the retransmission of local broadcast signals. In no event shall subscribers be required to subscribe to any other service as a condition for obtaining basic service.
(2) 
Service to Institutions. The franchisee, upon request, shall provide without charge a standard installation and one outlet of basic cable to each fire and police station, public school, Linn Benton Community College, County Courthouse, City offices, public museum and all public libraries within the franchise territory; provided, however, those buildings or portions of buildings housing or occupied by prison/jail populations shall be excluded. Cable service to the City described herein is a voluntary offer of franchisee. The cable service provided shall not be distributed beyond the originally installed outlet without authorization from franchisee. The cable service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The City shall take reasonable precautions to prevent any use of the franchisee’s cable system in any manner that results in the inappropriate use thereof or any loss or damage to the cable system. The City shall hold the franchisee harmless from any and all liability or claims arising out of the provision and use of cable service required by this subsection (2). The franchisee shall not be required to provide an outlet to such buildings where a non-standard installation is required, unless the City or building owner/occupant agrees to pay the incremental cost of any necessary cable system extension and/or nonstandard installation. If additional outlets of basic cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith. Notwithstanding anything to the contrary, franchisee’s obligations pursuant to the foregoing paragraphs shall extend only to cable service provided to the City or City’s authority facilities.
(Ord. 5815 § 1, 2013)