(A) Broad programming categories. Grantee shall provide or enable the provision of at least the following initial broad categories of programming to the extent such categories are reasonably available:
(1) Educational programming;
(2) New Mexico news, weather and information;
(3) Sports;
(4) General entertainment (including movies);
(5) Children/family-oriented;
(6) Arts, culture and performing arts;
(7) Foreign language;
(8) Science/documentary;
(9) National news, weather and information; and,
(10) Public, Educational and Government Access, to the extent required by this franchise.
(B) Deletion or reduction of broad programming categories.
(1) Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the prior written consent of the city.
(2) In the event of a modification proceeding under federal law, the mix and quality of cable services provided by grantee on the effective date of this franchise shall be deemed the mix and quality of cable services required under this franchise throughout its term.
(C) Ascertainment of programming and customer satisfaction. Upon request of the city, grantee shall, at the sole expense of grantee, undertake a survey of community views of cable operations in the city, including but not limited to programming, response to community needs, satisfaction and dissatisfaction with cable services offered by grantee, and customer service. The city may make such request no more than once every two years. Grantee shall consult and cooperate with the city in developing and implementing an ascertainment methodology. The final form and content of the survey shall be as mutually agreed upon by grantee and the city. Grantee shall provide the results of such survey to the city within two months after completing the survey. Upon request, grantee shall also provide a copy of results from any other ascertainment survey of subscribers in the city conducted independently by grantee within the previous year. Any survey results conducted within the city which are intended for external publication shall also be provided to the city. Nothing herein shall be construed to limit the right of the city to conduct its own surveys at its own expense.
(D) Obscenity. Grantee shall not transmit or permit to be transmitted over any channel subject to its editorial control any programming which is obscene under or violates any provision of applicable law relating to obscenity and which is not protected by the Constitution of the United States. Grantee shall be deemed to have transmitted or permitted a transmission of obscene programming only if a court of competent jurisdiction has found that any of grantee's officers or employees or agents have permitted programming which is obscene under or violative of any provision of applicable law relating to obscenity, and is otherwise not protected by the Constitution of the United States, to be transmitted over any channel subject to grantee's editorial control. Grantee shall comply with all relevant provisions of federal law relating to obscenity.
(E) Parental control device. Upon request by any subscriber, grantee shall make available a parental control or lockout device, traps or filters to enable a subscriber to control access to both the audio and video portions of any or all channels. Grantee shall inform its subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. Any device offered shall be at a rate, if any, in compliance with applicable law.
(F) Continuity of service mandatory.
(1) It shall be the right of all subscribers to continue to receive cable service from grantee insofar as their financial and other obligations to grantee are honored. Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted cable service regardless of the circumstances. For the purposes of this subsection, UNINTERRUPTED does not include short-term outages of the cable system for maintenance or testing.
(2) In the event of a change of grantee or in the event a new cable operator acquires the cable system in accordance with this franchise, grantee shall cooperate with the city, new franchisee or cable operator in maintaining continuity of cable service to all subscribers. During any transition period, grantee shall be entitled to the revenues for any period during which it operates the cable system, and shall be entitled to reasonable costs for its services when it no longer operates the cable system.
(3) In the event grantee fails to operate the cable system for four consecutive days without prior approval of the city, or without just cause, the city may, at its option, operate the cable system itself or designate another cable operator to operate the cable system until such time as grantee restores service under conditions acceptable to the city or a permanent cable operator is selected. If the city is required to fulfill this obligation for grantee, grantee shall reimburse the city for all reasonable costs or damages that are the result of grantee's failure to perform.
(G) Services for the disabled. Grantee shall comply with the Americans with Disabilities Act and any amendments thereto.