A. The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters:
1. The geographical area, duration, and nonexclusive nature of the franchise.
2. The applicable franchise fee to be paid to the city, including the percentage amount, the method of computation, and the time for payment.
3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system.
4. Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices.
5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the grantee’s obligations under the franchise agreement.
6. Requirements relating to comprehensive liability insurance, workers’ compensation insurance, and indemnification.
7. Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth in § 5.208.090.
8. Requirements relating to the grantee’s support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for the required access channels.
9. Requirements relating to the grantee’s obligation to provide an institutional network, and channel capacity on that institutional network for educational or governmental use, subject to the city’s rules and procedures for the use of such channel capacity and for compatibility with any telecommunications network that has been or may be developed by the city.
10. Requirements relating to construction, operation, and maintenance of the cable television system within the city’s streets and public rights-of-way, including compliance with all applicable building codes and permit requirements of the city, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards.
11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, performance reviews, the inspection of grantee’s books and records, and reimbursement for technical audits and franchise fee audits under specified circumstances.
12. Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination.
13. Requirements relating to the sale, assignment, or other transfer or change in control of the franchise.
14. The grantee’s obligation to maintain continuity of service and to authorize, under certain specified circumstances, the city’s operation and management of the cable system.
15. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of city staff and the City Council, best serve the public interest and protect the public health, welfare, and safety.
B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the City Council and provisions of this Article II, the provisions of the franchise agreement will control.
(Ord. 1082, passed 11-16-04)