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The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this chapter. Therefore, in order to provide for a maximum degree of flexibility in the chapter and to help achieve a continued advanced and modern cable system, the following evaluation provisions will apply.
(A) The city may require, at its sole discretion, sessions evaluating a cable operator’s performance under the terms of its franchise at any time during the term of a franchise period provided, however, there shall not be more than one evaluation session during any five calendar year period, not to begin until three years after the entering into of a franchise agreement.
(B) Topics which may be discussed at any evaluation and renegotiation session include, but are not limited to, state of the art, regulated rates, channel capacity, the cable system performance, access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the city or franchised operator deem relevant.
(C) (1) During an evaluation session, the franchised operator shall fully cooperate with the city and shall provide the reports required herein to enable the city to perform the evaluation without cost to city.
(2) To the extent such information or documents contain confidential information, such confidential information may not be disclosed.
(D) (1) If at any time during its evaluation the city determines that reasonable evidence exists of system performance which fails to meet the requirements of this chapter, the city may require franchised operator to perform tests and analysis directed toward such suspected inadequacies.
(2) Franchised operators shall fully cooperate with the city in performing such testing and, in any report prepared, the franchised operator shall include at least:
(a) A description of the problem in the cable system performance which precipitated the special tests;
(b) The cable system component tested;
(c) The method, if any, by which the cable system performance problem was resolved; and
(d) 1. Any other information pertinent to said tests and analysis which may be required by the city or determined when the test is performed.
2. If, after receiving franchised operator’s report, the city determines that reasonable evidence still exists of inadequate cable performance, the city may enlist an independent engineer to perform tests and analysis directed toward such suspected failures to meet the requirements of this franchise. Franchised operators shall cooperate and permit said testing.
(3) If it is determined as a result of the tests that franchised operator is not in compliance with the requirements of the franchise, the franchised operator shall bear the costs of the test. If it is determined that the franchised operator is in compliance, the city shall bear the costs.
(E) As a result of an evaluation and renegotiating session, the city and franchised operator may determine that a change in the terms of the chapter should be required to meet the needs of the community, as determined by the Council, that the cable system or chapter requirements should be updated, changed or revised, or that additional services should be provided and that to provide same would be economically feasible. Based on this review and upon adoption of such a change or new requirement through a mutually acceptable amendment, the change will become effective.
(Prior Code, § 110.078) (Ord. 13-08, passed 6-3-2013)
A cable operator shall extend cable service to any area within the city that has a density of 30 homes per mile, or fractional equivalent, as measured from the nearest technically feasible point of connection to the system. A newly installed subscriber shall not be assessed or apportioned the cost for installation, except for the usual and normal connection fees paid by subscribers, as long as the system expansion is technically and economically feasible.
(Prior Code, § 110.079) (Ord. 13-08, passed 6-3-2013)
(A) (1) All contractors or subcontractors shall be properly licensed, and each contractor or subcontractor shall have the same obligations, including insurance requirements, with respect to its work, as the cable operator would have under this chapter and applicable laws if the work were performed by the cable operator.
(2) The cable operator shall be responsible for ensuring that the work of contractors and subcontractors is performed consistently with the applicable franchise and related law, specifying that all contractors and subcontractors are familiar with their related responsibilities.
(B) Any contractor proposed for work of construction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances.
(Prior Code, § 110.081) (Ord. 13-08, passed 6-3-2013)
In order that subscribers may be alerted in the event of an impending, imminent or actual, natural or human-made emergency, all cable operators shall ensure that their system complies with FCC emergency alert requirements.
(Prior Code, § 110.082) (Ord. 13-08, passed 6-3-2013)
Each cable operator shall devise and implement a regular periodic preventative maintenance program for the cable system in order to ensure that there is no degradation of the cable system that would adversely affect the citizens’ health and welfare or negatively impact the quality of cable services being provided.
(Prior Code, § 110.083) (Ord. 13-08, passed 6-3-2013)
(A) Termination of service. Upon termination of service to any subscriber, the cable operator shall at its own expense promptly remove all of its facilities and equipment from the premises of such subscriber upon his or her written request.
(B) Removal after revocation or expiration. Subject to applicable state and federal law, upon final denial of the renewal application, or upon final franchise revocation, the city shall have the right to require the franchise holder to remove, at cable operator’s expense, all or any portion of the system from all streets and public property within the city. In so removing the system, the cable operator shall refill and compact, at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to the cable operator’s removal of the system, and without affecting, altering or disturbing in any way electric, telephone or utility cable wires or attachments. The city or its delegated authority shall have the right to inspect and approve the condition of such streets and public property after removal. The security fund, insurance, indemnity and penalty provision of related ordinances shall remain in full force and effect during the entire term of removal.
(C) Removal or relocation in event of emergency. 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 applicable cable system without prior operator notice.
(Prior Code, § 110.084) (Ord. 13-08, passed 6-3-2013)
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