(a) The CATV System shall be installed and maintained in accordance with the highest accepted standards of the industry, to the end that the subscriber may receive the highest and most desirable service.
(b) In determining satisfactory compliance with the provisions of this section, the following, among other things, shall be considered:
(1) The CATV System is installed and remains capable of using all band equipment and of passing the entire VHF and FM spectrum and that it shall have the further capability of converting UHF for the distribution of subscribers on the VHF band.
(2) The CATV System as installed is capable of transmitting and passing the entire color television signals without the introduction of material degradation of color fidelity and intelligence.
(3) The CATV System is designed and capable of continuous operation twenty-four hours a day.
(4) The CATV System is capable of and shall produce a picture upon any subscriber's television screen in black and white or color, provided the subscriber's television set is capable of producing a color picture, that is undistorted and free from ghost images and accompanied by proper sound, assuming the technical, standard production television set is in good repair and that the television broadcast signal transmission is satisfactory. In any event, the picture produced shall be as good as the state of the art allows.
(5) The CATV System shall transmit or distribute signals of adequate strength to produce good pictures with good sound in all television receivers of all subscribers, without causing cross modulation in the cables or interference with other electrical or electronic systems.
(6) That the CATV System as installed have a minimum capacity of thirty-five channels.
(7) A grantee shall provide without charge one outlet to each City building, including fire station, police station, Council Chambers, Community Room and public and private school. If more than one outlet is required at any of such locations, a grantee shall install, at the cost of time and material only, and in no event shall there be a monthly service charge at such locations.
(8) A grantee shall make his studio facilities, including color cameras and other equipment, available for use by the City and public and private schools for local origination programs and for closed circuit educational productions subject to reasonable rules and regulations pertaining to such use by the grantee, and in such manner as not to duly interfere with the cable television operations of a grantee. Services rendered to all users by a grantee under the terms of the franchise shall at all times be as good as the state of the art allows.
(9) A grantee shall provide at least one free dedicated noncommercial public access channel to be available on a nondiscriminatory basis.
(10) A grantee shall reserve at least one channel solely for educational use on a developmental basis, and that upon completion of the basic trunk line, for the first five years thereafter, at least one channel shall be made available free.
(11) A grantee shall reserve at least one channel solely for use by State and local governments on a developmental basis and that, upon completion of the basic trunk line, at least one channel shall remain free for the life of the franchise.
(12) The Cable Television System shall be installed with the capacity for two-way communication in accordance with the regulations of the FCC now in effect or which may be promulgated.
(13) The Company shall not exhibit X-rated movies as rated by the Motion Picture Association of America.
(c) A grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and shall occur during the periods of minimum use of the system. If service is interrupted in excess of thirty-six hours resulting from acts of omission of the grantee, the grantee will give full credit to the subscriber's account for the period of interrupted service.
(d) The procedure for reporting and resolving complaints shall be as follows: An informal complaint shall be submitted to the Mayor in writing and shall contain: the name and address of the complainant; the name of the cable system against which the complaint is made; and complete statements of facts upon which the complaint is based.
(1) Upon receipt of any informal complaint, the Mayor shall forward a copy of the system complained of or may take the question up by correspondence with the system. Within such time as may be prescribed by the Mayor, the system shall be called upon to satisfy the complaint or advise the Mayor of its refusal or inability to do so. If the system satisfies the complaint, it shall so notify the Mayor in accordance with the provisions of subsection (d)(3) hereof. The Mayor shall forward a copy of the system's notice of satisfaction to the complainant. If the system refuses or is unable to satisfy the complaint, it shall so notify the Mayor, and the Mayor shall forward a copy of such notice to the complainant, with a statement of the procedure to be followed to further prosecute the complaint.
(2) If a system satisfies any complaint brought to its attention by the Mayor, a statement shall be filed with the Mayor setting forth when and how the complaint has been satisfied.
(3) When a complaint has not been satisfied pursuant to subsection (d) (2) hereof, the complainant may file a formal complaint with Council in the form and manner to be specified thereby. The complaint to Council shall be filed within six months from the date of the Mayor's statement accompanying a copy of the system's notice of refusal or inability to satisfy the complaint, and the complaint to Council shall make reference to the date of the complaint filed with the Mayor and that it is based on the same facts as the complaint filed with the Mayor. If no complaint is filed with Council within the six month period, the complainant shall be deemed to have abandoned his complaint, and such complaint shall be deemed dismissed.
(4) Notice of the foregoing procedures for reporting and resolving complaints shall be given to each subscriber by the franchise at the time of initial subscription to the cable system.
(e) During the term of this franchise and any renewal therefore, the grantee shall maintain, with the City or a contiguous municipality, a local business office or agent. The provisions of this section shall be completed if the grantee maintains a local business headquarters office in any of the following cities: Brook Park, Middleburg Heights or Parma Heights, provides the Mayor's office with the name, address and phone number of a resident of the City who shall act as the grantee's agent to receive complaints regarding quality of service, equipment malfunctions and similar matters, and at least once a week informs all subscribers by appropriate announcement, (for example by a slide card) over the system's originations cable-casting channel, of the name, address and phone number of the grantee's registered agent for the City.
(Ord. 5757-1980. Passed 5-13-80.)