A franchisee may not require a subscriber or a building owner
or manager to enter into an exclusive contract as a condition of providing
or continuing service, nor may a franchisee enter into any exclusive
arrangement that would effectively preclude other persons from using
the OVS to compete in the delivery of cable service with a franchisee
or its affiliates. However, nothing herein prevents a franchisee from
entering into an otherwise lawful, mutually desired exclusive arrangement
with a building owner or manager of a multiple-dwelling unit or a
commercial subscriber.
In addition to satisfying such additional or stricter conditions
as the City finds necessary based on its investigations, the following
elements shall be required in every franchise.
A. System design. Each franchisee shall provide a cable system which
uses at least 750 MHz equipment of high quality and reliability. Each
franchisee shall install and activate the return portion of the cable
system in the sub-low frequency spectrum of 5 MHz to 30 MHz.
B. Public, educational and government use of the system.
(1) A franchisee shall provide to each subscriber the minimum of PEG
Access required by New York State law.
(2) Each franchisee shall install, maintain, and replace, as necessary,
a dedicated, bidirectional fiber optic link between its headend and
a location designated by the City as the primary access center.
(3) Each franchisee shall install, maintain, and replace activated two-way
cable plant and all headend, cable plant, and node equipment required
to make it operable so that the City, schools, and all designated
PEG access centers and PEG access facilities located within the franchise
area will be able to send and receive signals (video, audio, and data)
using the activated two-way cable plant.
(4) Each franchisee shall ensure that technically adequate signal quality,
routing systems, and switching and/or processing equipment are initially
and continuously provided for all access interconnections both within
the franchisee's cable system and with other cable systems throughout
the duration of its franchise.
(5) In the event a franchisee makes any change in the cable system and
related equipment and facilities or in the franchisee's signal
delivery technology which directly or indirectly substantially affects
the signal quality or transmission of access programming, the franchisee
shall, at its expense, take necessary steps or provide necessary technical
assistance, including the acquisition of all necessary equipment,
to ensure that the capabilities of PEG access programmers are not
diminished or adversely affected by such change.
(6) A franchisee shall maintain all PEG access channels (both upstream
channels and downstream channels) and all interconnections of PEG
access channels at the same level of technical quality and reliability
as the best commercial channels carried on the system.
C. Service to franchise area. It is the policy of the City to ensure that every cable communications system provide service in its franchise area upon request to any person or any government building. Each franchisee shall extend service upon request within its franchise area, provided that a franchise may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where such extension or installation may be unduly expensive. Service must be provided within the time limits specified in Subsection
D.
D. Time for extension.
(1) Except as a franchise otherwise provides, service must be extended
upon request to any person or to any government building in a franchisee's
franchise area:
(a)
Within seven days of the request, where service can be provided
by activating or installing a drop;
(b)
Within 90 days of the request where an extension of 1/2 mile
or less is required; or
(c)
Within six months where an extension of 1/2 mile or more is
required.
(2) Notwithstanding the foregoing, a franchisee shall not be deemed to
be in violation of this section in the event the franchisee uses reasonable
efforts to complete the extension in a timely manner but weather or
other circumstances beyond the reasonable control of the franchisee
prevent such timely completion.
E. Technical standards. A cable system within the City shall meet or
exceed the technical standards set forth in 47 CFR 76.601 and any
other applicable federal and/or New York State technical standards.
F. Testing. Each cable operator shall perform at its expense such tests
as may be necessary to show whether or not the franchisee is in compliance
with its obligations under applicable FCC standards, this chapter
or a franchise.
G. Interconnection. Upon request of the City, every cable system shall
be required to interconnect with every other cable system within the
City, or adjacent to the City, on fair and reasonable terms for purposes
of providing PEG access and I-Net services.
H. 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 shall 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.