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(a) The grantee shall maintain and operate its broadband telecommunications network in accordance with the rules and regulations as are incorporated herein or may be promulgated by the Federal Communications Commission and/or the City.
(b) The grantee shall provide a network having a minimum initial capacity of twenty channels with two-way, "data grade", capability. Whenever a reverse or feedback circuit is routed through a subscriber's premises, it shall be connected so as to permit subscriber notification and deactivation. As total bi-directional capacity is of a great deal of interest to the City, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities then the minimums set forth herein in their application for a franchise, which application shall be incorporated herein by reference.
(c) The grantee shall provide, subject to the approval of the FCC, at least one dedicated, noncommercial public access channel and associated production equipment to be made available to the public at all times on a nondiscriminatory basis. As the total number of public access channels is of a great deal of interest to the City, applicants for a franchise hereunder may propose a greater number of such channels than the minimum set forth herein in their application for a franchise, which application shall be incorporated herein by reference.
(d) The grantee shall provide, subject to the approval of the FCC, in addition to subsection (c) hereof, two additional channels and associated production equipment, one for educational use and one for use by the City. For the first five years from the date these channels are made available there shall be no charge made to their users by the grantee, and thereafter only in accordance with the schedule of charges filed and maintained with the Clerk-Treasurer. The associate production equipment for these channels may be the same as provided for the public access channels provided that additional equipment is supplied when the demand for the use of this equipment is significant. As both educational and municipal channel availability is of a great deal of interest to the City, applicants for a franchise hereunder may indicate a greater number of dedicated channels for this purpose than the minimums set forth herein in their application for a franchise hereunder which application shall be incorporated herein by reference.
(e) The grantee shall not be responsible for the production costs of programs prepared for transmission, other than for brief live studio presentations not exceeding five minutes over the channels as set forth in subsections (c) and (d) hereof other than as he may indicate his willingness to do so in his application for a franchise hereunder, which application shall be incorporated herein by reference.
(f) The grantee shall carry to the extent permitted by the Federal Communications Commission, and shall exercise his best efforts to obtain permission from that agency to carry at least the following television signals:
Ft. Wayne, Indiana
Ft. Wayne, Indiana
Ft. Wayne, Indiana
Bowling Green, Ohio
Time and weather - 24 hour per day channel
*(Canadian Broadcasting Corporation) If ruled a non-English station.
(g) In addition to the television signals set forth in subsection (f) hereof the grantee shall carry a minimum of five FM radio stations and WBNO-FM.
(h) Whereas local programming is of interest to the City, voluntary efforts to provide a local origination programming channel and the amount of time thereof will be considered in awarding the franchise.
In addition, the system shall be equipped with an all channel, emergency alert system.
(i) The grantee, whenever it is necessary to interrupt service over the broadband telecommunications network for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to his subscribers, and unless such interruption is unforeseen and immediately necessary, he shall give reasonable notice thereof to the affected subscribers.
(j) The grantee shall maintain an office within the City limits which shall be open during all usual business hours, have a listed telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time.
(k) The grantee shall provide "same day service" response, seven days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-four hours.
(l) Upon failing to correct a service deficiency within twenty-four hours, the grantee shall credit one-thirtieth of the monthly charge for "basic service" and "additional service" to each subscriber for each twenty-four hours or fraction thereof after the first twenty-four hours following report of loss of service to the grantee, except to the extent that restoration of service is prevented by strike, injunction or other cause beyond the control of the grantee. The grantee shall maintain a log, which shall be filed annually with the City as set forth in Section 711.20, of such reports and of the time of restoration of service.
(Ord. 29-1972. Passed 3-5-73.)