(A) The provisions of this section shall apply to all access channels.
(B) Technical design of access channels and responsibilities.
(1) In general, the town or its designees (other than licensee) is responsible for:
(a) Delivering channel signals to the licensee at origination points and processing the signals so that they can be carried on the cable system; and receiving signals from licensees at all connection points to public buildings and origination points;
(b) Controlling the routing of signals from the origination points to the appropriate channels; and
(c) Providing and maintaining the studios and equipment used to produce programming.
(2) In general, licensee is responsible for transmitting access channel signals from the origination point and/or other cities/origination points for access programming to all connection points to public buildings and origination points identified in the license, and to subscribers without material degradation, and maintaining all the facilities required to do so.
(C) The licensee shall not take any actions that would discourage or prevent maximum utilization of all access channels provided, and shall cooperate with the town and managers of access channels to ensure that subscribers are aware of the channels, can access them easily, and, to the extent that a licensee (or some entity acting on a licensee's behalf) is involved in publishing licensee's channel schedules, that the access channels are similarly published.
(D) Public building connections. Upon request of the town and consistent with the joint trench requirements of division (E) of this section, licensee shall provide, without charge, at a minimum, 1 activated standard drop to all of the following present and future public buildings, as designated by the town from time to time:
(1) Town fire stations and police stations;
(2) All public libraries, including branches;
(3) Town Hall, community center, recreation facilities, senior center, public works building and such other facilities used for municipal purposes as may be designated in the license;
(4) Other locations as set forth in a license agreement. If provided in the license, the licensee shall provide basic service free of charge to those facilities specified above. A license may further specify the particular conditions under which the connections will be provided.
(E) Joint trench requirements. The town shall notify licensee in writing at least 30 days prior to opening trenches for use by utilities to serve public buildings. If such notice is given and subject to the construction or rebuild schedule and line extension policy, licensee shall install cable facilities in order to provide the connection to the public building without charge for trenching. If no notice is given, the town shall pay the reasonable cost of such trenching.
(F) Access channel assignments. To the extent that it is legally, economically and technically feasible, licensee will employ reasonable efforts to use the same channel numbers for the educational and governmental access channels as are used by another cable licensee, if any, with the greatest number of subscribers in the town.
(G) Access interconnections.
(1) Subject to the limitations of applicable federal and state law, licensee shall interconnect access channels with any or all other cable systems in the town or in other nearby municipalities, owned by licensee or an affiliate or other cable operator as provided in the license, at no cost to the town or the other municipality.
(2) The town or its designated access provider shall have the right to control and schedule the operation of all interconnected access channels. In addition, the town shall have the right to use, at its sole discretion and at no cost to the town, any access channels to be provided under a license agreement for access interconnection.
(3) Licensee shall take all necessary technical steps to ensure that technically adequate signal quality and routing/switching systems are initially and continuously provided for all access interconnections between local jurisdictions. The cost for any equipment, operation or maintenance dedicated to such access interconnections shall be shared on pro rata basis or as mutually agreed upon among all participating jurisdictions, and paid to licensee.
(4) A licensee may be granted reasonable extensions of time to interconnect or the town may rescind its order to interconnect upon petition by the licensee to the town. The town shall grant said request, if it finds that a licensee negotiated in good faith and failed to obtain an approval from another cable system(s), governmental entity or educational institution for the proposed interconnection.
(H) Access channel capital costs. The licensee voluntarily provides grants, funding, training, services, or any other kind of support reasonably necessary to meet the community needs of the town for the access channels, the value of which shall be offset against the license fee in the manner provided for by state law. If state law is amended to allow the town to require contribution of costs, the parties shall negotiate in good faith for amendment of this license, and licensee shall, to the extent consistent with federal law, make capital expenditures in support of access channels and related facilities and equipment as provided in the license. If there is more than 1 licensee providing cable service in the town, the town will use its best efforts to assure that the licensee's capital expenditures for access channels, facilities and equipment are reasonably equivalent as provided in the license. To the extent licensee's rates for cable services are subject to regulation, and to the extent consistent with applicable law, licensee shall have the right to treat such capital expenditures as external costs in support of access channels in setting regulated rates for cable services.
(I) Access channels on basic service tier. All access channels provided to subscribers shall be included, without limitation, on all basic tiers, including digital basic.
(J) Change in technology. In the event a licensee makes any change in the cable system and related equipment and facilities or in licensee's signal delivery technology, licensee shall ensure that town analog signals are converted by licensee and the signal quality or transmission of access services or programming remains substantially the same.
(K) Technical quality. Licensee shall maintain all access channels and interconnections at the same level of technical quality and reliability required by this chapter and any license agreement and all other applicable laws, rules and regulations for residential subscriber channels subject to the technical quality or reliability of the signal received from the source. Licensee shall provide routine maintenance and shall repair and replace all transmission equipment including channel modulators, associated cable and equipment, required to carry signal quality to and from licensee's facilities for the access channels; provided, however, licensee shall have no duty to provide, maintain, repair or replace equipment for which the town is responsible under division (B)(1) of this section.
(L) Access cooperation. The town and licensee may agree to designate any other jurisdiction which has entered into an agreement with the licensee or an affiliate of the licensee to receive any access benefit due the town hereunder, or to share in the use of access services, facilities, equipment or channel operations hereunder. The purpose of this division shall be to allow cooperation in the use of access channels, facilities and equipment.
(M) Indemnification by access programming producers and users. All local producers and users of any of the access facilities or channels shall agree in writing to hold harmless the licensee, the town, and any responsible educational institution, from any and all liability or other injury (including the reasonable cost of defending claims or litigations) arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the licensee, town, or responsible educational institution; and for any other injury or damage in law or equity, which claims result from the use of an access facility or channel.
(Ord. 16-825, passed 9-13-2016)