(A) The Council recognizes the United States Congress' intent in approving the Cable Acts of 1984 and 1992, being 47 USC 521 et seq. As such, the Council reaffirms and adopts those principles and ideals as part of the city's intent with respect to cable television and expands its intent (where applicable) to cover all MCS providers.
(B) As expressed by Congress, and adopted by the Council, its intent is as follows:
(1) Establish a local policy concerning communications and technologies;
(2) Establish franchise procedures and standards which encourage the growth and development of cable systems which assure that cable systems are responsive to the needs and interests of the city;
(3) Establish guidelines for the exercise of local authority with respect to the regulation of cable systems;
(4) Assure that cable communications provide, and are encouraged to provide, the widest diversity of information and services to the public;
(5) Establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where an operator's past performance and proposal for future performance meet the standards set by the Cable Acts of 1984 and 1992, an applicable franchise, and this chapter;
(6) Promote competition in cable communications and minimize unnecessary regulations that would impose an undue economic burden on cable systems; and
(7) Regulate rates charged by Multi-Channel Service Providers for the basic service tier if the Multi-Channel Service Provider is not subject to effective competition.
(C) In addition to principles and ideals listed in subsection (B), the Council also expresses that its intent covers the following:
(1) To create a set of regulations, standards, and procedures for MCS providers;
(2) To create a comprehensive customer service and consumer protection policy for MCS providers;
(3) To provide for access and inspection of an MCS provider's books and records in order to monitor compliance of local, state, and federal laws, and any franchise agreement (if one has been granted);
(4) To create a thorough construction and installation policy for an MCS provider's system;
(5) To provide for health, safety, and welfare of the citizens of the city in light of the MCS provider's construction, operation, and maintenance;
(6) To provide for emergency override capability, so that citizens of the city may be warned of a potential, imminent, actual disaster or emergency situation that exists in the area;
(7) To provide for the introduction and installation of safety alert technology in order to notify both subscribers and non-subscribers of imminent disaster emergencies;
(8) To create a thorough procedure for collecting and monitoring franchise fees and alternative user charges;
(9) To create a viable alternative to franchise fees in case such fees, or their collection, are ruled invalid, unenforceable, or unconstitutional;
(10) To create a thorough default and revocation procedure for licensed and franchised MCS providers;
(11) To provide for continuity of services in the event of city acquisition, abandonment, withdrawal, cessation of service, revocation, termination, non-renewal, or expiration of an MCS provider;
(12) To create a performance review procedure in order to assist the city in its periodic evaluation of a franchised MCS provider's performance; and
(13) To create procedures for the evaluation and grant of MCS provider applications for authorization, the identification of multi-channel service related to community needs, and the establishment and enforcement of rules and regulations of MCS providers consistent with the identified needs of the community.
(D) Further, the Council recognizes that with respect to cable operators, the Council's power to adopt regulations is, in part, authorized under the Cable Acts of 1984 and 1992, as well as the Council's police powers, due to the potential for physical scarcity and public disruption when cable either occupies or uses the public rights-of-way.
(Ord. 4-1994-20, passed 4-12-94)