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(A) In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the company shall so proceed as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets, or other public places, made by the company in the course of its operations, shall be guarded, and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by amber warning lights of approved types.
(B) Whenever the company shall take up or disturb any pavement, sidewalk or other improvement of any street, avenue, alley or other public place, the same shall be replaced and the surface restored in as good a condition as before entry within 48 hours after completion of the company's work. Upon failure of the company to make such restoration within such time, or begin such restoration within such time (if the restoration cannot be made within such time), or upon the company's delay of more than 24 hours in the construction of a restoration begun, the city may serve upon the company notice of the city's intent to cause the restoration to be made and unless the company, within 24 hours after receipt of such notice, begins or resumes the property restoration to be made, including the removal of excess dirt, and the city may do so and the expenses of same shall be paid by the company upon demand of the city.
(C) The company shall at all times comply with any and all rules and regulations which the city made or may make with reference to the removal or replacement of pavements and to the excavations in streets and other public places, not inconsistant with its use for the purposes contemplated by this chapter.
(D) The company shall further comply with all requirements of federal law with respect to the use of compatible easements.
(E) The company, at its expense, shall relocate or remove its cable system as requested by the city for reasons of traffic conditions, public health and safety and protection of property, street construction, grade change, or construction of any public improvement or utility or other city service. The company, at its expense, shall promptly alter or relocate its cable system to conform to any new line or grade. The company, at its expense, shall remove and relocate its structures which obstruct public ways, or whenever the city closes a public way. If, after seven days notice, the company fails to remove or relocate its system as required by the city or other authorized government entity, the city or other authorized government entity may remove or relocate the company's cable system, and the company shall compensate the city or other authorized government entity for all expenses incurred thereby. Provided that, in the event of an emergency, or where the cable system creates or is contributing to an imminent danger to health, safety or property, the city may remove or relocate the company's cable system without notice.
(F) The company, at its cost, shall protect or support public or private property to prevent damage caused by construction, installation, maintenance or operation of its cable system. If the company fails to protect public property, the city may do so, and the company shall compensate the city for all expenses incurred thereby.
(G) The company shall raise or lower wires or equipment upon the reasonable request of any third person, including any person holding a building permit. Expenses associated with raising and lowering the wires or equipment shall be paid by the person requesting the same (except in cases where the company is required to bear the costs under other provisions of this franchise) and the company may require advance payment. The company shall be entitled to require that it be given up to ten days advance notice by the person requesting the movement.
(Ord., passed 8-25-92)
The company shall have the right to prescribe reasonable service rules and regulations for the conduct of its business not inconsistent with the provisions of this chapter, federal or state law and regulations, or such regulations as the city may adopt from time to time.
(Ord., passed 8-25-92)
The company's distribution system shall conform to the requirements, rules and regulations of the Federal Communications Cammission, particularly with respect to freedom from spurious radiation. However, nothing in this section shall be read to relieve the company of any obligations under this franchise, unless the franchise provision is preempted as a matter of law. Any preemption shall only limit the company's obligations for the time and to the extent the provision is preempted. In the event there is a change of law or regulation such that the city is no longer prohibited, in whole or in part, from enforcing a provision, the provision (in whole or in part) shall be deemed revived, without the necessity of any action on the part of the city.
(Ord., passed 8-25-92)
The antenna, satellite dishes and other equipment used for reception of any service cablecast; the headend equipment, and trunk and distribution equipment (including subscriber drops); and any company- supplied equipment or facility in the home shall be installed and maintained so as to provide pictures on subscribers' receivers throughout the system essentially of the same quality and characteristics as received by the company. The company shall maintain properly calibrated test equipment and shall perform tests sufficient to determine whether it is in compliance with this section at least annually, or as necessary upon customer or city complaint. Except as prohibited by federal law, the city may from time to time establish standards and procedures for determining compliance with this section, and/or may inspect the results of tests performed by the company.
(Ord., passed 8-25-92)
Whenever it is necessary to shut-off or interrupt service for the purpose of making repairs, adjustments or installation, the company shall do so at such time as shall cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.
(Ord., passed 8-25-92)
(A) Except as prohibited by federal law, the city may regulate the rates for services charged by the company. This section shall be interpreted to allow the city to take any action appropriate to provide a complete bond of protection to subscribers against rates or charges which are or become excessive. This section shall also be interpreted to permit the city to require the company to obtain prior approval before instituting or increasing any rate.
(B) The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any undue reference or advantage to any person nor subject any person to any undue prejudice or disadvantage. The company shall not, under any circumstance, discriminate on the basis of race, sex, national origin or religion.
(Ord., passed 8-25-92)
(A) Unless the company demonstrates to the city's satisfaction that extraordinary circumstances justify a higher charge, service shall be provided to all areas within existing city limits at then-prevailing installation rates. In areas annexed after the date of this franchise, the company shall extend service at then-prevailing installation rates where a new subscriber requesting service is within 500 feet of the nearest cable system plant, or where the density of homes which would be passed by an extension, is equal to or exceeds six homes per quarter mile, measured from the nearest existing cable system plant.
(B) In the event the requirements set forth in division (A) are not satisfied, the company shall extend its system on request based on the following cost-sharing formula:
(1) Actual turnkey cost to construct the requested extension (not including the subscriber drop) equals the cost for the extension;
(2) Total cost divided by six times the number of quarter miles of extension equals the company's share per subscriber;
(3) Total cost divided by number of homes requesting service equals the cost per subscriber; and
(4) Cost per subscriber minus the company's share equals the subscriber's share of the cost of the extension.
(C) If, within three years after any subscriber makes a contribution in aid of construction of an extension, one or more homes are built or one or more persons passed by the extension choose to subscribe to cable service, the company shall rebate each contributing subscriber a pro rata amount equal to company's share per subscriber times the number of homes or subscribers added, up to the total amount of the subscriber's contribution.
(D) Where a subscriber drop exceeds 150 feet in length (measured to a public way reasonably accessible to the company), the company may require the subscriber to pay the additional actual cost of providing the drop (on a time and materials basis).
(E) The company shall at all times provide service in a manner which conforms to customer service requirements adopted by the city. The requirements may be amended from time to time. The initial requirements are attached to Ordinance passed 8-25-92 as Appendix 1.
(Ord., passed 8-25-92)
(A) The company shall maintain the system so that it is capable of providing at least 35 channels of service.
(B) In order to promote diversity, localism and to ensure that the public's interest in appropriate use of public rights-of-way is protected, the company shall:
(1) Provide a basic service to subscribers consisting of at least 11 channels; and
(2) Provide the following broad categories of services: local news and information; regional news and information; national news and information; children's programming; public affairs programming; educational programming; programming of particular interest to minority groups; and programming required to meet ascertained needs of the community.
(C) The company may ascertain the needs of the community by completing an annual survey of a representative sample of its subscribers and by publishing and distributing to all subscribers a customer handbook which, among other things, will solicit input from subscribers and detail procedures for communications fram subscribers to the company. To provide formal documentation that such communications are effectively occurring, the company shall maintain written files of questions and comments from subscribers. These files will be available for inspection by the city.
(D) The company shall provide parental control devices, or channel traps, upon request fram subscribers, and at the company's cost for making the installation.
(Ord., passed 8-25-92)
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