4-280-230 System description and service.
   A.   The cable television system to be installed by grantee shall comply in all respects with the technical performance requirements set forth by the FCC's Rules, including applicable amendments thereto; provided, however, that nothing contained herein shall be construed to prohibit a grantee from proposing to comply with more rigid technical performance requirements, in which case the grantee's application shall be incorporated by reference in the franchise and shall be binding on the grantee. If the FCC should delete said requirements, the city hereby reserves the right to amend this chapter to incorporate similar standards and every franchise granted pursuant to this chapter shall be subject to such reserved power whether or not expressly so conditioned.
   B.   Applications for franchise shall include proposals for the provision of public, education/cultural, local government and leased access channels. Such proposals by grantee shall be incorporated into the franchise granted and shall be subject to the following minimum requirements or to such greater requirements as shall be specified in the franchise:
      1.   All proposals for public and education access channels shall be subject to the control of the Chicago Access Corporation consistent with Section 4-280-320.
      2.   A minimum of two local government access channels shall be made available for the use of local government authorities free of charge.
      3.   A minimum of two leased access channels shall be made available to leased access users.
   C.   Grantee shall provide complimentary service for eligible buildings as required by 220 ILCS 5/22-501(f). In the event the state should eliminate said requirements, the grantee shall provide, without charge within the primary service area, one service outlet activated for basic service to all current and future schools and public buildings within grantee's franchise area, including, but not limited to, all city buildings, public libraries, whether owned or leased by the city and such other used for governmental purposes as may be designated by the city. Furthermore, grantee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring; provided, however, that the grantee shall not charge for the provision of basic service to the additional service outlets once installed. Such service shall be used in a manner consistent with the purpose for the eligible building and shall not be resold. This obligation only applies to grantees whose cable service passes eligible buildings and cable service is generally available to residential subscribers in the city. The burden of providing such cable service at each eligible building shall be shared by all grantees whose systems pass the eligible buildings in an equitable and competitively neutral manner, and nothing herein shall require duplicative installations by more than one grantee at each eligible building. Grantees operating in the city shall meet as necessary and determine who will provide cable service to eligible buildings. If the grantees are unable to reach agreement, the city shall meet with the grantees and shall determine which grantee will serve which eligible building. The city or eligible buildings shall bear the costs of any inside wiring or video equipment costs not ordinarily provided as part of the grantee's basic service offering.
   D.   Any programming offered or transmitted over any cable system that has been determined by a court of competent jurisdiction to be obscene or otherwise unprotected by the Constitution of the United States is prohibited. Violation of this subsection by a grantee shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the grantee to all penalties and remedies provided therein as well as all other remedies, both legal and equitable, available to the city.
   E.   The grantee shall make available parental control devices to all subscribers. These devices shall enable the subscriber to block the video and audio portion of any channel or channels.
(Prior code § 113.1-26; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-230 as § 4-280-200, and renumbered this section, which was formerly § 4-280-260, as § 4-280-230.