(a) Categories of programming service. Grantee shall provide video programming services in at least the following broad categories:
Local broadcast (subject to federal carriage requirements)
News and information
Foreign language/ethnic programming
access programming (to the extent required by the )
(b) Changes in programming services. Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the city's consent. Further, grantee shall provide at least 30 ' prior written notice to and to the of grantee's request to effectively delete any broad category of programming or any within its control, including all proposed changes in bandwidth or allocation and any assignments including any new equipment requirements that may occur as a result of these changes.
(c) Parental control device. Upon request by any , grantee shall make available for sale or lease a parental control or lockout device that will enable the to block all access to any and all without affecting those not blocked. Grantee shall inform of the availability of the lockout device at the time of original subscription and annually thereafter.
(d) Free to public buildings.
(1) Throughout the term of this grantee shall provide, free of charge, one service , three , if necessary and requested, and and the next highest level of service generally available to all (as of the referred to as expanded ) (“complimentary service”), to all of the sites listed on table 1 attached hereto.
(2) As of the all institutions receiving multiple , free of charge, from the grantee shall continue to receive the same number of free during the term of this .
(3) If the line to such building exceeds 350 feet, grantee will accommodate the up to 350 feet if the or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the or other agency agrees to pay the incremental cost of such in excess of 200 feet for an aerial service or in excess of 125 feet for an underground service . For purposes of this subsection (d)(3), “incremental cost” means grantee's actual cost to provide the beyond the applicable distances, with no mark-up for profit. The recipient of the service will secure any necessary right of entry.
(4) The or the building occupant shall have the right to extend throughout the building to additional outlets without any fees imposed by grantee for the provision of complimentary service to such additional outlets. If ancillary equipment, such as a , is required to receive the signal at additional outlets, grantee will provide up to three devices at no charge, and will provide additional devices at grantee's lowest residential rate charged within the Twin Cities metropolitan area.
(5) Notwithstanding anything to the contrary set forth in this section, grantee shall not be required to provide complimentary service to such buildings unless it is technically feasible. Outlets and maintenance of said complimentary service shall be provided free of fees and charges.
(e) Equal and uniform service. To the extent required by , grantee shall provide access to equal and uniform throughout the .
(f) Annexation. Unless otherwise provided by , including the , upon the annexation of any additional land area by , the annexed area shall thereafter be subject to all the terms of this upon 60 ’ written notification to grantee of the annexation by . Unless otherwise required by , nothing herein shall require the grantee to expand its to serve, or to offer to any area annexed by the if such area is then served by another franchised to provide multichannel video programming.
(g) Line extension.
(1) Grantee shall construct and operate its so as to provide within the where there exists a density equivalent of seven dwelling units per one-quarter mile of feeder cable as measured from the nearest active plant of the if the extension is to be constructed using aerial plant, and nine dwelling units per one-quarter mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The , for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the grantee with at least 15 ’ advance notice of an available open trench for the placement of necessary cable.
(2) Where the density is less than that specified above, grantee shall inform requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within 15 working of such a request. Grantee may offer the requesting service the opportunity to “prepay” some or all of the necessary line extensions according to its regular business policies. Grantee shall at all times implement such line extension policy in a nondiscriminatory manner throughout the .
(3) Any residential unit located within 125 feet from the nearest point of access on the from which the is designed to serve the site shall be connected to the at no charge other than the standard installation charge. Grantee shall, upon request by any potential residing in beyond the 125 foot limit, extend service to such provided that the shall pay the net additional costs, unless the grantee agrees to waive said costs. To the extent consistent with , grantee agrees that it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the .
(h) Nonvoice return capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications.
(Ord. 2015-7, passed 1-26-2015)