856.03 PROGRAMMING AND CHANNEL CAPACITY.

   (a)   Grantee Compliance. A Grantee shall meet or exceed the programming and channel capacity requirements set forth in this chapter.

   (b)   Initial Channel Capacity. 

      (1)   A Grantee shall provide a cable system which uses at least 550-MHz equipment of high quality and reliability. At minimum, a Grantee shall integrate optical fiber or other technology providing equivalent or greater functionality, performance, and capacity, into any cable system construction and design in a manner which permits it to take full advantage of the benefits of that technology, including increased reliability and improved system performance.

      (2)   At minimum, Grantee shall install and activate the return portion of the cable system in the sub-low frequency spectrum of 5 MHz to 30 MHz.

      (3)   A Grantee shall initially include a sufficient number of Downstream and Upstream channels with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this chapter, including but not limited to, remote access transmissions and transmissions to and from access centers and interconnection points, as set forth in, in but not limited to, this chapter.

   (c)    Deletion or Reduction of Programming Categories. A Grantee shall not delete or so limit as to effectively delete any broad category of programming identified in this section and within its control without the consent of the City or as otherwise authorized by law.

   (d)   Leased Access Channels. A Grantee shall meet the leased access channel requirements imposed by federal law.

   (e)   Broadcast Channels. To the extent required by federal law, a Grantee shall provide to all residential subscribers the signals of:

      (1)   Local commercial television stations and qualified low-power stations; and

      (2)   Qualified local non-commercial educational television stations.

   (f)   PEG Access.

      (1)   Designated PEG access providers.

         A.   The City may designate PEG access providers, including itself for governmental access purposes, to control and manage the use of any or all access facilities provided by a Grantee under this chapter. To the extent authorized by the City, the designated access provider shall have sole responsibility for operating and managing such access facilities.

         B.   A Grantee shall cooperate with designated access providers in the use of the cable system and access facilities for the provision of PEG access. A Grantee may enter into operating agreements with designated access providers under which the designated access providers will facilitate and coordinate the provision of PEG access services.

      (2)   PEG channel capacity and technical capability.

         A.   A Grantee shall provide a minimum of four (4) Downstream channels for PEG access.

         B.   A Grantee shall install, maintain, and replace as necessary, a bi-directional link between the primary access center and the headend.

         C.   A Grantee shall install, maintain, and replace activated two- way cable plant and all headend, cable plant, and node equipment required to make it operable so that City, Township, and County government buildings, buildings of accredited educational institutions, and all designated PEG access centers and access facilities located within the Franchise area will be able to send and receive signals (video, audio, and data) using the activated two-way cable plant.

         D.   If PEG access channels are not being used for access purposes, a Grantee may request the City to establish rules and procedures to permit the Grantee to use such channel capacity for other services, together with rules and procedures providing for such use to cease when the channel capacity is required for access purposes.

      (3)   Access Interconnections. A Grantee shall ensure that technically adequate signal quality, routing systems, and switching and/or processing equipment are initially and continuously provided for all access interconnections both within Grantee's cable system and with other cable systems throughout the duration of this chapter.

      (4)   Change in technology. In the event a Grantee makes any change in the cable system and related equipment and facilities or in the Grantee's signal delivery technology which directly or indirectly substantially affects the signal quality or transmission of access programming, the Grantee shall at its expense take necessary steps or provide necessary technical assistance, including the acquisition of all necessary equipment, to ensure that the capabilities of access programmers are not diminished or adversely affected by such change.

      (5)   Technical quality.  

         A.   A Grantee shall maintain all access channels (both Upstream channels and Downstream channels) and all interconnections of access channels at the same level of technical quality and reliability required by this chapter and all other applicable laws, rules, and regulations for residential subscriber channels.

         B.   A Grantee shall have no responsibility for the production quality of the access programming distributed on the access channels.
(Ord. 52-96. Passed 7-8-96.)