A system permitted to be installed and operated pursuant to a franchise shall be designed and installed to meet all of the standards and shall offer all of the services as required by this chapter and the franchise. These services shall be offered to all subscribers in accordance with this chapter and its franchise. The grantee shall not reduce nor change the level of required services without prior City Council approval.
(A) Interconnection of services. Each grantee shall make all reasonable efforts to electrically interconnect its system with systems in adjacent communities for the purposes of sharing locally originated subscriber and institutional services. Such an interconnect shall be effected by coaxial cable, fiber optic cable, microwave or other bi-directional signal transportation means as appropriate to permit services interchange in compliance with the technical provisions of this chapter. Within a reasonable time as set by the city, each grantee shall contact all franchised operators in the communities adjacent to the city for the purposes of exploring and securing a mutually acceptable system interconnect agreement and report the results of the activity to the City Manager. The report shall state each contacted operator's name, city and response, list all programming and services activity available to subscribers via an interconnect agreement as well as list programming and services to similarly be transmitted from the city to such adjacent communities; and an explanation of the substance of the governing business agreement reached with the other operators.
(1) If an adjacent operator is responsive to a grantee's inquiry for interconnect, the City Council regulating the franchise of the adjacent operator, and the City Council must first approve all details, plans and other agreements before implementation of the interconnect, which consent shall not be unreasonably withheld.
(2) If an adjacent operator is not responsive to a grantee's inquiry, a letter report, describing the reasonable attempts made to obtain an interconnect agreement and indicating why the agreement was unsuccessful, shall be filed with the City Manager.
(3) In the case of new systems constructed in adjacent communities after the system in this city is operative, a grantee shall have six months after the new system becomes operational to make the required inquiries and attempt to obtain an interconnect agreement.
(4) In the case of systems operated in adjacent communities by a grantee of a franchise issued pursuant to this chapter, the grantee shall provide a plan to interconnect with the system operated under such franchise, the implementation of which shall be mutually acceptable by each affected city. The plan shall be submitted to the city within the time set by the City Manager.
(B) System construction standards.
(1) General construction schedule.
(a) Within the time set in its franchise, a grantee shall commence, and thereafter, shall proceed with due diligence, to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems, associated microwave transmission/reception facilities and/or satellite communications facilities.
(b) Within the time set in its franchise, a grantee shall commence construction and installation of its system.
(c) Each franchise shall set a construction schedule for the completion of the installation of the system throughout the proposed service area. Failure of a grantee to complete the installation of its system in the time and manner set forth in its franchise shall result in the imposition of liquidated damages, and, in the sole discretion of city, shall be grounds for termination of the franchise. The proposed construction schedule shall not, in any event, exceed two years, except that, by resolution, pursuant to division (d) below, the Council, in its discretion, may extend the time for the commencement and completion of installation and construction for additional periods in the event grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.
(d) Any requests for extensions of the proposed construction schedule approved as part of a franchise, due to acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes, unusually severe weather, or from any other cause beyond the reasonable control of a grantee and/or its employees, agents or contractors, must be requested from the City Manager in writing within 14 days after the cause for such delay first occurs. The request must specify the exact reason for the delay and the total number of extension days requested. A grantee shall provide written substantiation supporting such a request. Within 14 days of receipt of a grantee's request for an extension the City Manager shall respond to the grantee with approval, partial approval, or denial, of the request for extension.
(e) By acceptance of a franchise granted hereunder, each grantee shall be deemed to have agreed that failure to comply with any time requirements referred to in divisions (a), (b) and (c) above, shall result in the imposition of liquidated damages, pursuant to the franchise, and may, in the discretion of the city be grounds for termination of the franchise.
(2) Use of poles. A grantee shall be authorized to utilize existing poles, conduits, and other facilities of a public utility, but shall not be authorized to construct or install any new, different, or additional poles, whether on public or privately-owned property, unless the franchise expressly so provides.
(3) Undergrounding of system. In a grantee's service area where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground, or hereafter are placed underground, or whenever the city shall undertake a program designed to cause such facilities to be undergrounded in all or a part of the service area, the grantee shall likewise construct, place or replace, reconstruct, and thereafter operate and maintain, all of its system underground, with the exception of "active electronic" equipment which may be placed above ground. The grantee shall have the option of sharing or not sharing public utility trenches. However, at no time shall the grantee place cable underground without appropriate conduit. The entire cost of undergrounding required pursuant to this section shall be borne by the grantee. [Underground utility lines and districts, see §§ 97.060 et seq. of this code of ordinances.]
(4) Required approvals. The design and location of all surface or above ground mounted equipment shall be approved by the City Engineer. Such equipment shall be located so as not to endanger the persons or property, nor physically detract from the surroundings. The method of underground construction to be utilized by a grantee, whether by trenching, boring, cutting or other method and the restoration of streets utilized for the placement of the grantee's property shall be submitted to the City Engineer for approval. The construction shall be subject to the required permit fees and city inspection as may be required by other applicable laws or regulations heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, under or over streets.
(5) Submission of drawings. Each grantee shall furnish the city with as-built drawings of its entire system within the time set therefor by the City Engineer. In the event a grantee desires to make any changes or modifications to its system that would alter the as-built plans, the grantee shall first obtain approval therefor from the City Engineer and then file revised as-built drawings which reflect the changes within 30 days of completion of the drawings.
(6) City use of facilities. The city shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any facilities erected, controlled, or maintained exclusively by or for a grantee, provided the use does not unreasonably interfere with the use thereof by the grantee.
(7) Identification required. Each grantee shall provide, at its sole expense, a method of employee/subcontractor identification, acceptable to the city, for all such individuals who may make personal contact with residents of the city for the purposes of construction, marketing, or other matters relating to its system.
(8) Maintenance, removal, abandonment. Each grantee at its sole expense shall protect, support, temporarily disconnect, relocate or remove its property when, in the opinion of the City Engineer, the same is required by reason of traffic conditions, public safety, street vacation, freeway or strict construction projects. Each such grantee shall be permitted, subject to the approval of the City Engineer, to abandon any of its property in place. Work required by a grantee hereunder shall not be deemed a taking of the property of the grantee, and the grantee shall not be entitled to reimbursement by reason of action required hereunder.
(a) Upon the failure, refusal or neglect of any grantee to perform any work or other act required by this section to be properly completed within the time prescribed therefor by the City Manager, the City Manager may cause such work or other act to be completed in whole or in part by city forces or others, and upon so doing shall submit to the grantee an itemized statement of the costs thereof. The grantee shall, within 30 days after receipt of the statement, pay to the city the entire amount thereof, without off-set or deduction.
(b) In the event that:
1. The use of any part of a system is discontinued for any reason for a continuous period of 30 days, without prior written approval by the city;
2. Any part of such system has been installed in any street or other area without complying with the requirements of this chapter or the franchise; or
3. Any franchise is terminated, cancelled, or has expired; then the grantee shall, at the option of the city, and at the sole expense of the grantee, upon demand of the city, promptly remove or, with the prior approval of the City Engineer, abandon in place, all of its property referred to in divisions 1., 2. above or this division 3. Upon abandonment of any such property in place, grantee shall cause to be executed, acknowledged and delivered to the city, such instruments as the City Attorney shall prescribe and approve, transferring and conveying the ownership of such property to the city.
(C) Technical performance and maintenance standards. Each system shall be designed, installed, and maintained in accordance with the technical performance standards contained in the franchise. In addition, should the Federal Communications Commission (FCC), or any other state or federal authority having jurisdiction, impose on CATV systems technical performance standards either outside the scope of the technical performance standards contained in a franchise or requiring a higher level of system performance, those standards shall be complied with by each grantee. If, for any reason, the technical standards imposed by the FCC or other authority, shall be reduced in scope or service level, the more stringent standards imposed by the franchise shall be deemed to be in full force and effect.
(D) Maintenance of system. Each grantee shall maintain its system so it consistently operates within substantial compliance of the technical standards applicable thereto, substantial compliance being defined as 95% of the channels to be received shall meet all applicable technical standards simultaneously at the time of measurement, and 100% of the local origination equipment shall meet all applicable technical standards specified herein.
(E) New developments. Each grantee shall continue to upgrade its system and service so that its system is as advanced as the then current state of technology will allow. The grantee shall install additional channel capacity as required to keep channel capacity in excess of the reasonable demand thereof by users. At all times the system shall be no less advanced than any other system of comparable size, excepting only systems which are experimental, pilot, or demonstration.
(F) Local business office.
(1) Each grantee shall maintain a local business office within the city for the purpose of conducting its local activities. Each grantee shall maintain a 24-hour toll-free answering service for service related problem calls, as well as separate toll-free telephone numbers for the system manager, the sales marketing department, and service department. A minimum of three lines shall be maintained for service and sales, and, in the event the city determines through subscriber complaints that number is insufficient to meet current demands, the grantee shall add such additional lines as may be necessary in the opinion of the City Manager, to provide prompt, efficient response to subscriber inquiries.
(2) All such required telephone lines shall be listed in directories of the telephone company serving the city, and be so operated that complaints and requests for repairs or adjustments may be received at any time, day or night, seven days a week. All complaints shall be acknowledged within 24 hours of receipt.
(G) Complaint procedure and remedies for inadequate service.
(1) Complaint procedure. The following procedure shall be utilized to address subscriber complaints.
(a) Each franchise application shall include a proposed written procedure for receiving, acting upon and resolving subscriber complaints.
(b) Each grantee shall furnish a copy of the approved complaint procedures to each subscriber at the time of the initial subscription.
(c) Each grantee shall maintain a written record, or "log," listing date and time of all customer complaints, identifying the subscriber and determining the nature of the complaints and when and what action was taken by the grantee in response thereto; such record shall be kept at each grantee's local office, reflecting the operations to date for a period of at least three years, and shall be available for inspection during regular business hours without further notice or demand by the City Manager.
(d) In the event that a subscriber complaint is not resolved to the mutual satisfaction of the subscriber or the grantee, either may submit the matter to the City Manager for resolution of the dispute. The City Manager's determination shall be final.
(2) Inspection orders.
(a) When there have been a substantial number of similar complaints made or where there exists other evidence which, in the judgment of the City Manager, casts doubt on the reliability or quality of cable service, or the grantee's ability to meet the technical standards herein adopted, the City Manager shall have the right and authority to compel the grantee to test, analyze, and report on the performance of that part of its system involved in the problem. Such test or tests shall be made and the reports of the test or tests shall be delivered to the City Manager within the time set by the City Manager. The report shall include the following information.
1. The nature of the complaint which precipitated the special test.
2. What system component was tested.
3. The equipment used and procedures employed in such testing.
4. The names of the individuals performing and witnessing the testing.
5. The date, time, and location of testing.
6. The results of the test.
7. Any other information pertinent to the special test.
(b) If, in the judgment of the City Manager, the resultant tests indicate the service problem(s) are preventable and within the grantee's control, the City Manager shall issue a written order to the grantee directing that the problem be remedied within a reasonable period set by the City Manager. A failure by a grantee to comply with any order issued pursuant to this section shall result in the imposition of liquidated damages as set forth in its franchise and other remedies set forth herein or in the franchise.
(3) Remedies for inadequate service. The following remedies for inadequate or untimely service to subscribers are established.
(a) In the event that service to any subscriber is interrupted, without fault of the subscriber, for 24 or more consecutive hours, except for acts of God, and except in circumstances for which prior approval of the interruption is obtained from the City Manager, a grantee shall provide a pro rata rebate of the monthly fees during which the interruption occurs, to each affected subscriber. If either the grantee or the subscriber is dissatisfied with the amount of the rebate, either may request a hearing before an arbitrator selected by the City Council. The arbitrator may award a pro rata rebate, plus assess a penalty upon the grantee, not to exceed $200 for any one month of interrupted service.
(b) In the event that the system fails to meet any performance standards specified herein for a period of 90 or more consecutive days, grantee shall reduce all subscribers' fees by an amount set by the City Manager, until all such performance standards are met. The City Manager shall notify a grantee in writing during the first month of the three-month period that the system has failed to meet performance standards.
(H) Periodic testing and reporting. Each grantee shall test its system, and report the results to the city, on a scheduled basis as specified below.
(1) Quarterly system tests. On the last regular working day of each of the first three operating quarters of each year, each grantee shall submit system performance data taken within the last quarter to the City Manager. The specific data to be required in the quarterly test report shall be set forth in the franchise.
(2) Annual system tests. During the last month of the fourth operating quarter of each year, each grantee shall perform annual performance tests of system.
(a) Such tests shall be in full compliance with applicable FCC regulations and technical standards, and regulations and technical standards included in the franchise.
(b) Such tests shall be independently witnessed and the resultant data analyzed by a representative of the city if so directed by the City Manager.
(c) All necessary test instrumentation shall be supplied by each grantee. A current certificate of calibration by an independent calibration laboratory shall be supplied for each test instrument. All costs for instrumentation and calibration shall be borne by each grantee.
(d) 1. Measurement locations for system compliance with division (1) above, except those requirements regarding 24-hour visual signal amplitude and channel amplitude characteristics, shall include:
a. End of each system major trunk; and
b. End of each system trunk branch four or more trunk amplifiers deep.
2. Actual test locations shall be selected to measure performance of the system in the service area and shall be (or as closely as possible to simulate) actual subscriber locations.
(e) Measurements regarding 24-hour visual signal level and channel amplitude characteristics shall be made as required by the FCC.
(f) Measurement for system compliance with division (1) above, shall be made where practical on all origination equipment employed in the system.
(g) Measurement techniques shall be those suggested by each grantee, and approved by the city.
(h) Concurrent with annual performance tests, the city representative shall inspect all system headed facilities and outside plant for adherence to best industry installation, workmanship and safety practice.
(i) If the performance tests show that the system is below the performance standards required in this chapter or the franchise, the city shall give notice thereof to grantee and such grantee shall correct the deficiency within the time set by the city. Grantee shall notify the city when the correction has been made and shall retest to ensure compliance. In the event the resultant tests reveal grantee has failed to correct the deficiency, or if the time for correction has elapsed and grantee has not attempted to correct the deficiency, the city may employ independent engineers to demonstrate, at the grantee's cost, the appropriate correction to the grantee. Grantee shall then have a reasonable time, as set by the city, to correct the deficiency.
(3) Annual service report. The following information shall be reported by each grantee to the city on an annual basis on a date designated by the City Manager.
(a) Existing service area. A description of the service area with comments on any portion thereof not actually served, areas where certain services are not yet available, or areas where special conditions exist. All special service areas shall be indicated.
(b) Work in progress. An indication on the map of areas where system construction or reconstruction is in progress with a statement on its present status and anticipated schedule of completion of such work.
(c) Statistics on subscribers. The following statistics shall be supplied:
1. Single-family homes passed.
2. Single-family subscribers.
3. Multiple-dwelling unit subscribers.
4. Commercial subscribers.
5. Additional television outlets.
6. Saturation (total subscribers divided by total dwelling units passed).
(d) Statistics on system expansion. A listing of any expansion of the system in the service area including a measure, in miles of cable, of the expansion. Designations shall be included to identify expansions to new developments.
(e) Technical standards. A detailed, informative, and referenced statement describing the actual equipment and operational standards of each grantee and the corresponding standards required by this subchapter.
(f) Subscriber agreements. Copies of new or revised subscriber agreements, if any.
(I) PEG access facility management.
(1) Intent. It is the intent of the city to insure that access facilities and channels provided for in any franchise, are managed in the best public interest, so that programming on such channels will be free of censorship, open to all residents, and available for all forms of public expression, community information and debate of public issues. Pursuant to these objectives, the city may delegate the responsibility for PEG access facility management to a nonprofit entity which may include, but not be limited to, any of the following:
(a) A nonprofit public corporation;
(b) A PEG access facility management commission or committee, the members of which shall be appointed by the city, so as to represent a broad spectrum of the community; or
(c) An established nonprofit entity with special or cablecasting capability, such as a local or regional community college.
(2) Functions. The entity designated to manage the access facilities and channels shall have the following functions.
(a) Responsibility for program production for and management of the public access facilities channel and all other community channels as may be designated in the franchise for community-based programming. Community channels may include government and educational access channels, as designated in the franchise.
(b) To assure that the public access facilities and channels are made available to all residents of the franchise service area on a non-discriminatory, first-come, first-served basis.
(c) To assure that no censorship facilities or control over program content of the public access facilities and channels exists, except as is necessary to comply with FCC prohibition of material that is obscene; or contains commercial advertising, or constitutes the conduct of a lottery; or otherwise violates a valid law or regulation.
(d) To devise, establish, and administer reasonable rules, regulations, and procedures pertaining to the use and scheduling of the public access facilities and channels.
(e) To prepare, in conjunction with the grantee, such regular or special reports as may be required or desirable.
(f) To hire and supervise its staff.
(g) To make all purchases of materials and equipment that may be required.
(h) To develop sources of funding, such as foundation or federal or state grants, to further its functions.
(i) To perform such other functions relevant to the public access facilities and channels as may be appropriate.
(j) Establishment of budgets on an annual basis.
(3) Access rules. The PEG access facility management entity shall complete a set of rules for the use of the access facilities and channels which shall be promptly forwarded to the grantee for review. The rules, after review by grantee, shall be submitted to the City Manager for approval.
(a) Access on a first-come, first-served, nondiscriminatory basis for all residents of the franchise service area.
(b) Prohibition of commercial or political use.
(c) Prohibition of any presentation of lottery information, or obscene or indecent material.
(d) Public inspection of the log of producers, which shall be retained by the grantee for a period of four years.
(e) Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel.
(f) Free use of such reasonable amounts of channel time, cablecasting facilities, and technical support.
(4) PEG access facility management entity reports to city. The PEG access facility management entity shall provide a report to the city, at least annually, indicating achievements in community- based programming and services, and, if required by the City Manager, shall provide a special report each time grantee requests an increase in rates, indicating the level and quality of grantee's support during the period elapsed since any previous rate increase was implemented.
('83 Code, § 5.24.030) (Ord. 912, passed - -85) Penalty, see § 10.99