The grantee of any franchise shall, subject to the provisions of this chapter, be authorized to construct, operate and maintain a cable television system and to engage in the business of providing cable service in the City as defined herein and in the franchise ordinance and for that purpose to erect, install, construct, repair, replace, reconstruct and maintain such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television system and to use, operate and provide similar facilities or properties rented or leased from other persons. However, before any poles, wires or other thing mentioned above as necessary and appurtenant to the cable television system may be placed within any street or road, the proper permission and authority to do so must be obtained by the grantee from the City or the Virginia Department of Transportation or other agency of competent jurisdiction.
A. 
Following the issuance and acceptance of a franchise, the grantee shall pay the City, for the privilege of constructing, operating, and maintaining the cable television system and for the privilege of providing cable service and using public rights-of-way, a franchise fee in the amount and according to the schedule set forth in the franchise. Unless otherwise specified in the franchise, the amount of this franchise fee shall be the maximum amount that may be charged under applicable law (which, on the effective date of this chapter, is 5% of the grantee's gross annual revenues).
(1) 
The City, on an annual basis, shall be furnished a statement within 90 days of the close of the grantee's fiscal year, certified by the chief financial officer of the grantee responsible for the system's financial statements, reflecting the total amount of gross revenues, as defined heroin, and all payments and other computations relevant to the determination of the amount of franchise fees owed by the grantee for the previous fiscal year. Upon 10 days' prior written notice, the City shall have the right to conduct an independent audit of the franchisee's records. If, after resolving any dispute arising from such audit, the franchisee has made a franchise fee underpayment of 5% or more, the franchisee shall assume all reasonable costs of such audit. Otherwise, the City shall be responsible for all costs associated with such audit.
(2) 
The Council or its employee or other designated representative shall have the right to inspect at any time during regular business hours the financial documents relevant to the calculation of the franchise fee payments. Such financial documents shall be maintained at the grantee's local office.
(3) 
Acceptance of payments hereunder shall not be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this chapter or for the performance of any other obligations hereunder.
(4) 
The payment of this fee is in addition to any ad valorem taxes that the City may levy on the grantee's real or personal property.
B. 
The franchise fee rate shall be reviewed every five years during the term of this franchise, and the franchise fee, at the sole option of the City, shall be adjusted upward if the Council determines that an upward adjustment is necessary or appropriate to maintain the franchise fee at a level consistent with:
(1) 
Franchise fees being paid by cable telecommunications companies operating under similar conditions;
(2) 
The costs incurred by the City in administering this franchise;
(3) 
The value of the company's right to use City public ground, highways, roads, streets, alleys, sidewalks, greenways, public ways and utility easements as may be available; or
(4) 
Any applicable statutes, laws, rules and regulations.
C. 
If the franchise fee is adjusted upward as provided in Subsection B, such adjustment shall be effective at the beginning of the next immediate full quarter of the grantee's fiscal year during which such adjustment is made. The City may unilaterally adjust the franchise fee upward only after giving notice to the grantee and holding a hearing.
The City reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent permitted by federal or state law.
A. 
Subscriber privacy. In accordance with 47 U.S.C. § 551, the grantee shall, not less than annually, provide a privacy notice in the form of a separate written statement to subscribers as required by the provisions of the Cable Act.
B. 
Employee identification. When calling in person on subscribers or other residents, all employees or authorized representatives of the grantee are required to display an employee identification card with their name, photograph and signature and a local or toll-free telephone number that can be used for verification of the representative's capacity with the grantee. The grantee's vehicles shall display the name of the cable company in easily distinguishable alphanumeric characters. The grantee shall make a reasonable effort to cause its subcontractors' vehicles to be identified in a like fashion.
C. 
Office and telephone availability.
(1) 
Knowledgeable, qualified company representatives will be available to respond to customer service concerns by telephone 24 hours each day and seven calendar days each week.
(2) 
Under normal operating conditions, telephone answer time by the grantee's customer service representatives, including wait time required to transfer the call, shall not exceed 30 seconds. This standard shall be met no less than 90% of the time measured on an annual basis.
(3) 
Under normal operating conditions, the customer shall receive a busy signal less than 3% of the total time that the grantee's office is open for business.
(4) 
Customer service center and bill payment locations operated by the grantee shall be open for transactions Monday through Friday during normal business hours. Additionally, based on community needs, the grantee shall schedule supplemental hours on weekdays and/or weekends during which these centers shall be open.
(5) 
The grantee shall be responsible for adopting and implementing subscriber complaint procedures and for advising subscribers of the availability of these procedures. The procedures shall be designed to resolve subscriber complaints in a timely and satisfactory manner, to develop sensitivity and responsiveness to subscriber needs by the grantee and its management, and to improve the quality and dependability of services to subscribers by the grantee.
(6) 
Established complaint procedures shall include specific provisions permitting subscriber repair or service complaints to be received by telephone 24 hours each day and seven calendar days each week, permitting subscriber repair service complaints to be received at the grantee's business office from 8:00 a.m. until 7:00 p.m. on Monday through Friday of each week and from 9:00 a.m. until 1:00 p.m. on Saturday, and the address of the grantee's business office.
(7) 
The grantee's local physical street address and local telephone number and office hours shall be published in the local telephone directory.
D. 
Installation, outage and service calls. Under normal operating conditions, each of the following standards shall be met no less than 95% of the time measured on an annual basis:
(1) 
Standard installation shall be performed within seven business days after an order has been placed. Standard installations are up to 100 feet from the existing distribution system.
(2) 
Excluding those situations beyond the control of the grantee, the grantee shall respond to service interruptions promptly and no later than 24 hours after the interruption becomes known to the grantee. The grantee must begin actions to correct other service problems the next business day after notification to the grantee of the service problem.
(3) 
The appointment window alternatives for installations, service calls, and other installation activities shall be morning, afternoon, or all day during normal business hours. Additionally, based on the community needs, the grantee shall schedule supplemental hours during which appointments can be set.
(4) 
If at any time an installer or technician is running late, an attempt to contact the customer shall be made and the appointment rescheduled as necessary at a time convenient for the customer.
(5) 
The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Unless such interruptions occur within the 12:00 midnight to 6:00 a.m. period, planned interruptions shall be preceded by a notice to subscribers, insofar as possible.
(6) 
The grantee office and technical personnel, in lieu of answering devices, shall receive customer calls during business hours and respond to all customer complaint calls until 10:00 p.m. on normal business days. After 10:00 p.m. on any day, trained technicians shall respond to calls if three or more complaints are received by subscribers served by a common distribution system.
E. 
Communication, statements, refunds and credits.
(1) 
The grantee shall provide written information on each of the following matters at the time of installation and at any future time upon request: products and services offered, prices and service options, installation and service policies, and how to use the cable service.
(2) 
Subscriber billing statements shall be clear, concise and understandable. Such statements shall reflect all services and fees in an itemized fashion.
(3) 
Refund checks shall be issued promptly, but no later than the earlier of 30 calendar days or the customer's next billing cycle following the resolution of the request or, if service was terminated, 30 calendar days from the date of the return of the equipment supplied by the cable company.
(4) 
Customers shall be notified in writing a minimum of 30 calendar days in advance of any rate or channel change, provided that the change is within the control of the grantee.
(5) 
The grantee shall provide outage credit to subscribers in accordance with the following policy. Upon notification, should the grantee fail to correct a service outage problem within its control, within 24 hours after having receipt of such notice the grantee shall credit 1/30 of the monthly charge for the affected service for each twenty-four-hour period or fraction thereof following the first twenty-four-hour period during which the subscriber experiences service outage. The subscriber must advise the grantee of the duration of the service interruption for which credit is sought in order to receive such credit. "Notice" for the purpose of this provision shall mean written, telephonic (voice), facsimile or e-mail communication to the grantee.
(6) 
Late fees shall not be assessed earlier than 30 calendar days past the billing cycle due date.
F. 
Appeals.
(1) 
Upon notification by a subscriber of an unresolved complaint, the City shall determine the facts of the complaint by obtaining information from the subscriber and the grantee and shall act to resolve the complaint in a manner consistent with the City's authority.
(2) 
The cable subscriber may register a complaint with the City regarding rates or associated equipment rental, and the City may file a formal complaint with the Federal Communications Commission as provided by FCC regulations.
A. 
In addition to the limitations otherwise appearing herein, the franchise is subject to the limitations and restrictions set forth in this section.
B. 
The grantee shall at all times during the life of any franchise comply with any and all ordinances that the City has adopted or shall adopt and shall be subject to all laws of the State of Virginia and the United States.
C. 
Time shall be of the essence of any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly by the failure of the City to enforce prompt compliance. Failure of the City to enforce any breach by the grantee shall not constitute a waiver by the City.
D. 
Any franchise granted hereunder shall not relieve the grantee of any obligation under any preexisting pole or conduit use agreements with the City, a utility company, or others maintaining poles or conduits in the streets within the City.
E. 
The grantee shall, upon reasonable notice from any person holding a building moving permit issued by the City, temporarily alter its facilities to permit the moving of such building. The actual cost of such altering shall be borne by the person requesting the altering, and the grantee shall have the right to request payment in advance. For purposes of this provision, "reasonable notice" shall mean at least 72 hours prior to the move.
F. 
If in case of fire or disaster in the City it becomes necessary, in the judgment of the Mayor, the Chief of Police, or the Chief of the Fire Department, to cut or move any of the wires, cables, amplifiers, appliances, or appurtenances of the grantee, such cutting or moving may be done by the City. Any repairs rendered necessary thereby shall be made by the grantee, at its sole expense.
A. 
The City may from time to time add to, modify, or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers, so long as such additions or revisions are reasonable and in keeping with the public interest and welfare. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received at least 10 days' prior written notice.
B. 
The City reserves the right upon reasonable notice to require the grantee at its expense to protect, support, temporarily disconnect, relocate or remove from the City's streets any property of the grantee by reason of traffic conditions, public safety, street construction or excavation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communication lines or other types of structures, or other improvements by governmental agencies. "Reasonable notice" under this subsection shall be construed to mean at least 30 days, except in the case of emergencies when no specific notice period shall be required.
C. 
If the grantee fails to complete any work required by Subsection B above or any work required by City ordinance within the times established and to the satisfaction of the City, the City may cause such work to be done, and the grantee shall reimburse the City the costs thereof within 30 days after receipt of an itemized list of such cost.
D. 
The City reserves the right during the life of any franchise granted hereunder reasonably to inspect and supervise at the grantee's cost all grantee construction or installation work to ensure compliance with the terms of this chapter and the franchise. The City may also perform measurements upon and randomly inspect any portion of a grantee's system to ensure compliance with the technical standards under which the grantee is authorized to operate. Upon the City's request, the grantee shall perform the tests, submitting the results to the City.
E. 
The City reserves the right, in the event of an emergency or disaster, to require the grantee to make available to the City, at its request, the grantee's facilities at no cost for emergency use during such emergency or disaster period.
F. 
The City reserves the right, during the life of any franchise granted hereunder, to install and maintain free of charge upon the poles and conduits of the grantee any wire and pole fixtures necessary for municipal networks, such as police and fire, on the condition that such installations and maintenance thereof do not interfere with the operations of the grantee.
G. 
Neither the granting of any franchise nor any governing provision of such franchise shall constitute a waiver or bar to the exercise of any governmental right of power of the City, including without limitation the power of eminent domain.
H. 
Any right or power in or duty impressed upon any officer, employee, department or board of the City shall be subject to transfer by the Council by law to any other officer, employee, department or board of the City. The City reserves all rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the City may otherwise have.
A. 
The poles used for a cable television distribution system shall be, to the extent possible, those erected and maintained by either a power company or a telephone company, or both. Notwithstanding any other provisions of this chapter, no poles except replacements for existing poles shall be erected by or for the grantee in any street without the prior approval of the City. Any poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such a manner as to comply with all state statutes and rules and regulations of the Virginia Department of Transportation, the City, and any other agency of competent jurisdiction.
B. 
All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads and minimum interference with the property rights of property owners adjoining said streets or roads or other persons having property interests which will be affected by such construction or installation. The facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference to adjoining street or road or other affected persons.
C. 
All aerial and underground construction shall be performed in such a manner as to abide by the tree protection requirements in Chapter 380, § 380-8 of the City Code.
D. 
Whenever the grantee takes up or disturbs any pavement, sidewalk or other improvement within any street or road right-of-way, the same shall be replaced and the surface restored to as good a condition as before entry, all in accordance with standards, regulations and policies of the City and the Virginia Department of Transportation.
E. 
Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences or boards, the bounds of which shall be clearly designated by warning lights of approved types.
F. 
The installation of lines, including service drops to subscribers, shall be made underground in areas where either the telephone or power lines, or both, are underground. In addition, lines and facilities shall be installed underground and any existing aboveground facilities shall be placed underground when required by rules, regulations, or policies of the Virginia Department of Transportation or the City.
G. 
All obligations imposed on the grantee by this section shall be undertaken by the grantee at its expense.
A. 
A grantee other than a limited area grantee or a limited purpose grantee shall, within the time frame specified in its franchise, provide service to the initial service area as described in the franchise. Thereafter, such grantee shall extend its service throughout the City according to the build-out or line extension schedule set forth in its franchise.
B. 
Subject to Subsection C, newly annexed areas that are contiguous to the preexisting corporate limits of the City shall be served by a grantee (other than a limited area grantee or limited purpose grantee) within six months of the effective date of the annexation. Newly annexed noncontiguous areas shall be served by such grantee within six months of the annexation's effective date if such grantee has or can obtain whatever permission is necessary from the county and/or the State Department of Transportation to enable such grantee to run its lines to the noncontiguous annexed area.
C. 
Notwithstanding Subsection A, the grantee shall not be required to extend its service along any street unless there are 20 residences per mile or their equivalent in such street or portion thereof capable of being served by contiguous plant from the grantee's head end. However, the grantee shall be required to serve such street within six months after the density criterion is satisfied. In calculating density for purposes of this subsection, residences where cable television service is available through a system operated by a limited area grantee shall be excluded.
D. 
Failure to provide service as provided above within the time limits referenced shall be grounds for termination of the franchise unless such failure was caused by factors beyond the control of the grantee.
E. 
The City may, in its discretion, extend the time for the grantee, acting in good faith, to perform any act required. The time for performance may be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of the Council that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control:
(1) 
Necessary utility rearrangements or pole replacements;
(2) 
Governmental regulatory restrictions;
(3) 
Labor strikes or lockouts; or
(4) 
War, national emergencies, fire, natural disasters, or other acts of God.
A. 
The grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, Federal Communications Commission technical standards, and any standards set forth in its franchise. In addition, the grantee shall provide to the City, upon request, a written report of the results of the grantee's periodic proof of performance tests conducted pursuant to Federal Communications Commission standards and guidelines.
B. 
Repeated and verified failure to maintain specified technical standards shall constitute a material franchise violation.
C. 
All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable local, state and federal laws and regulations.
D. 
All installation of electronic equipment shall be installed in accordance with the applicable provisions of the National Electrical and Safety Code and National Electrical Code, as amended.
E. 
Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and other applicable local, state and federal laws and regulations, including without limitation by the City's Land Use Ordinance.[1]
[1]
Editor's Note: See Ch. 360, Subdivision of Land, and Ch. 420, Zoning.
F. 
All of the grantee's plant and equipment, including but not limited to the antenna site, head end and distribution system, towers, house connections, structures, poles and wires, coaxial cable, fixtures and appurtenances, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with public street rights-of-way or the improvements located therein or the rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
A. 
The grantee shall save the City and its officials and employees harmless from all loss sustained by them on account of any suit, judgment, execution, claim or demand which they may legally be required to pay as a result of the enactment of this chapter and the award of a franchise hereunder or as a result of the exercise of any franchise granted to the grantee.
B. 
The grantee shall save the City and its officials and employees harmless and indemnify them from all loss sustained by them on account of any suit, judgment, execution, claim or demand whatsoever based upon any injuries or damages sustained (including but not limited to copyright infringement) arising out of the installation, operation or maintenance of the cable television system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter or any franchise granted hereunder.
C. 
The grantee shall pay all expenses incurred by the City and its officials and employees defending themselves with regard to all damages and penalties mentioned in Subsections A and B above. These expenses shall include all out-of-pocket expenses, such as consultant or attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or any other employee of the City.
A. 
Concurrently with the filing of a written acceptance of any franchise issued hereunder, the grantee shall file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof:
(1) 
Comprehensive general liability providing coverage for personal injuries and property damage. The amounts of such coverage shall be as provided in the franchise. The City shall be named as an additional insured on such policy.
(2) 
Business auto liability policy providing coverage for personal injuries and property damage. The amount of coverage shall be as provided in the franchise.
B. 
The insurance coverage necessary to comply with this section shall be approved by the City (such approval not to be unreasonably withheld), and copies of such insurance policies (or certificates of insurance) shall be filed with the City.
A. 
Within 30 calendar days following the award of a franchise, the grantee shall deposit with the City a letter of credit from a financial institution, approved by the City's Finance Director or designated representative, in the amount to be specified in the franchise. The City Attorney shall approve the form and content of the letter of credit. The letter of credit shall be used to insure the faithful performance by the grantee of all provisions of the franchise, and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the City exercising jurisdiction over the grantee's acts or defaults, and payment by the grantee of any penalties, claims, liens, liquidated damages or fees due the City.
B. 
If the grantee fails to pay to the City any compensation, not in dispute, due the City within the time fixed herein or fails, after 30 calendar days' notice, to pay to the City any penalties, claims, liens, liquidated damages, or fees due the City, such failure by the grantee can be remedied by demand on the letter of credit. Upon such request for payment, the City shall notify the grantee of the amount and date thereof.
C. 
The letter of credit shall be maintained at the amount indicated in Subsection A above during the entire term of the franchise unless modified in accordance with the procedures provided for in the franchise. In the event that amounts are withdrawn pursuant to this section, the grantee shall take any required action to restore the letter of credit to the original amount within 10 business days of notification by the City of its withdrawal against the letter of credit.
D. 
The rights reserved to the City with respect to the letter of credit are in addition to all other rights of the City, whether reserved by the franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such a letter shall affect any other right the City may have.
Within 30 calendar days following the award of an initial franchise, the grantee shall file with the City Clerk a corporate surety bond by a company authorized to do business in the State of Virginia and found acceptable by the City Attorney in the amount of 5% of estimated construction costs as determined by the City to guarantee the timely construction and full activation of the cable television system.
A. 
The bond shall provide, but not be limited to, the following condition: there shall be recoverable by the City, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the City resulting from the failure of the grantee to satisfactorily complete and fully activate the cable television system pursuant to the terms of the franchise.
B. 
The Council must authorize any extension to the prescribed time limit. Such extension shall be authorized only when the Council finds that such extension is necessary and appropriate due to causes beyond the control of the grantee. The Council may waive the requirement of a construction bond for good cause.
C. 
The construction bond shall be terminated only after the City finds that the company has satisfactorily completed and fully activated the cable television system pursuant to the terms of the franchise.
D. 
The rights of the City with respect to the construction bond are in addition to all other rights of the City, whether reserved by this chapter or authorized by law, and no action, proceeding or exercise of right with respect to such construction bond shall affect any other right the City may have.
The City may inspect the grantee's cable system and, upon reasonable notice, inspect the distribution facilities and equipment of the cable system. If, based on subscriber complaints or its own investigation, the City finds that the cable system's operation is out of compliance with the franchise or applicable federal rules, it may require the grantee to perform tests, prepare a report and present to the City the results of those tests. The grantee shall identify any problem found, advise the City of the remedy it intends to pursue to correct the problem, take action to remedy the problem, and provide copies of test data to show that the problem has been corrected.
A. 
The City may inspect the books, records, maps, plans and other documents, including financial documents, in the control or possession of the grantee, affiliates, or any person that constitutes an operator of the grantee's cable television system to enforce the City's rights or evaluate compliance with the franchise and applicable law, or in the exercise of any lawful regulatory power, or as may be convenient in connection with any proceeding the City may or must conduct under applicable law in accordance with the terms of this franchise. The material may be duplicated at the City's facilities unless the grantee agrees to make inspection and copying available at some other place. Material that the City requires the grantee to produce under this section shall be produced, upon reasonable notice, no later than 30 calendar days after the request for production. Requests for extension of time to respond shall not be unreasonably denied.
B. 
The grantee may request that the City treat any books, records, maps, plans and other documents of the grantee containing trade secrets or proprietary information as confidential under the Virginia Public Records Law.[1] To the extent authorized by the Public Records Law and applicable state and federal law, the City shall maintain the confidentiality of information designated "proprietary" by the grantee. Should the City receive a request to review the grantee's records or books under the Virginia Public Records Law, it will promptly notify the grantee and provide an opportunity for the grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. However, any action taken by the grantee to protect its records or information shall be done at no cost or liability to the City.
[1]
Editor's Note: See Code of Virginia, § 42.1-76 et seq.
C. 
The City shall provide prompt notice of additions or deletions to its boundaries to the grantee. To determine whether the grantee is remitting franchise fees based upon revenues received from its customers to the proper franchising authority, the grantee shall cooperate with the City by providing such information as it has reasonably available regarding its customers' addresses consistent with 47 U.S.C. § 551.
The grantee shall provide to the City:
A. 
Within 90 calendar days after the close of the grantee's fiscal year, a written annual report setting forth gross revenues received by category for said fiscal year for that portion of the City served by the grantee pursuant to its franchise agreement, certified by a financial officer of the grantee;
B. 
Upon request of the City, a copy of the most recent annual report, including a certified financial statement, of the grantee or its parent entity;
C. 
A copy of any notice of deficiency or forfeiture or other document issued by any state or federal agency which has instituted any investigation or civil or criminal proceeding naming the cable television system, the grantee, or any operator of the cable television system, to the extent the same may affect or bear on the operations of the grantee's cable system; and
D. 
A copy of any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy by the grantee, any affiliate that controls or manages the grantee, or any operator of the cable system.
In addition to reports required by this franchise, the grantee shall maintain records of the following and shall produce to the City:
A. 
Federal Communications Commission proof of performance;
B. 
Records demonstrating compliance with applicable customer service standards; and
C. 
A full and complete set of plans, records and as-built maps showing the location of the cable system installed or in use in the City, exclusive of subscriber service drops and equipment provided in subscribers' homes.
A. 
The City may establish, consistent with federal and state law, requirements in franchises with respect to the designation and use of channel capacity on a franchise's cable telecommunications system for public, educational and governmental access.
B. 
The City shall have the right to direct the grantee to collect fees from customers to support the annual operating requirements of a community media (access) operation. The fee shall be collected and remitted to the City for deposit in a special revenue fund, designated for this purpose, each month.
The grantee shall incorporate into its cable television system the capacity to permit the City, in times of emergency, to override the audio portion of all channels simultaneously, by telephone or other communicating medium to be provided by the grantee.
A. 
The grantee shall designate a channel that will be used for emergency broadcasts of both audio and video.
B. 
The grantee shall cooperate with the City in the use and operation of the emergency alert override system.
C. 
Franchises shall comply with all FCC rules relating to the provision of emergency messages under the emergency alert system.
A. 
For the purpose of and to the extent required to accomplish transporting PEG access channels, the grantee shall interconnect its cable television system with any adjacent cable television system, upon the directive of the City.
B. 
Interconnection of the systems may be accomplished by direct hard cable connection, microwave link, satellite, or other appropriate means.
C. 
The grantee shall cooperate with any interconnection corporation, regional interconnection authority or local, state or federal regulatory agency established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems not under common ownership or control.
A. 
No person may, without the permission of the grantee, attach to or maintain an electronic, mechanical or other connection to any cable, wire, decoder, converter, descrambler, device or equipment of a cable television system, or remove, tamper with, modify or alter any cable, wire, decoder, converter, descrambler, device or equipment of a cable television system, for the purpose of intercepting or receiving any programming or service transmitted by such cable television system which such person has not been authorized by the cable television system to receive.
B. 
No person may, without the authorization of a cable television system, distribute, sell, attempt to sell or possess for sale any converter, decoder, descrambler, device or kit or other equipment that is designated to decode or descramble any encoded or scrambled signal transmitted by such a cable television system operated by such grantee.
A. 
If any section, sentence, clause or phrase of this chapter or the franchise is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remainder of this chapter or the franchise. However, if any such provision is determined to be invalid and a subsequent change in law renders such provision lawful, then such provision shall thereafter be fully enforceable.
B. 
The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the City to enforce prompt compliance.
C. 
This chapter and any dispute arising from its adoption, or from any franchise granted pursuant thereto, shall be governed by the laws of the State of Virginia and the City consistent with applicable FCC rules and regulations.
D. 
In the event that the state or federal 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, the grantor may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law.
E. 
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.
F. 
This chapter shall not be deemed conclusive as to the terms and conditions of any franchise issued hereunder. The final terms and conditions of such franchise shall be determined by the franchise ordinance.