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The grantee shall be an equal opportunity/affirmative action employer, adhering to all federal, state or municipal laws and regulations related thereto. Unless otherwise required by current or future rules and regulations upon cable communication system operators all copies of which shall be provided the city upon request, the grantee shall comply with the following requirements:
(A) The grantee shall establish and maintain equal opportunity in employment, and no person shall be discriminated against in employment by the grantee because of race, religion, color, sex, national origin, age, physical disability or marital status.
(B) The grantee’s affirmative action plan shall provide that the grantee shall utilize best efforts to achieve a representative work force so that, within three years from the effective date of the granted franchise and throughout the franchise term, the percentage of each minority/sex group within each level of employment reasonably approximates or is equal to percentage levels reflective of those of the municipality’s population. Each level of employment, as used in the preceding sentence, includes the following specific job categories as defined by the Cable Communications Policy Act of 1984:
Officials and managers;
Professionals;
Technicians;
Salespersons;
Office and clerical personnel
Skilled crafts persons;
Semiskilled operatives;
Unskilled laborers; and
Service workers.
(C) Implementation, administration and review of all EEO and affirmative action policies and programs shall be the direct responsibility of the chief executive officer of the cable communications system. All officers, executives, managers, and administrative and supervisory personnel of the grantee shall be directed to participate in the grantee’s affirmative action efforts.
(D) Any significant subcontractor of the grantee or a parent, subsidiary or affiliate of the grantee which does not already have an affirmative action plan which would cover its activities in the city shall submit to the city a plan for its operations on behalf of the grantee, consistent with the spirit of this section.
(E) The grantee shall prepare and maintain records of promotions, demotions, terminations and transfers.
(F) The grantee agrees that if the city establishes an affirmative action goal for the handicapped, the grantee shall make reasonable and good faith efforts to achieve an appropriate goal.
(G) The grantee shall make a good faith effort to construct its Eden office so that it is accessible to the disabled.
(H) The grantee shall make a good faith effort to utilize minority/women business enterprises in construction and purchase contracts and shall prepare an annual report to the city on these efforts.
(Ord. passed 2-16-93)
(A) Local office. The grantee shall maintain within the city a local office and telephone number for the conduct of business related to the franchise during normal business hours. The grantee shall be required to advise the city of such address and telephone numbers and any charges thereof.
(B) Failure of city to enforce franchise, no waiver of the terms thereof. The grantee shall not be excused from complying with any of the terms and conditions of this chapter or the granted franchise by any failure of the city upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(Ord. passed 2-16-93)
The city shall have the right, at its expense, to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter, the franchise agreement, and other pertinent provisions of the law.
(Ord. passed 2-16-93)
DIVISION 3: REGULATION OF THE FRANCHISE
(A) The city may exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the Council and administered through the City Manager or his designee in order to provide day to day administration of this chapter and any franchise granted hereunder.
(B) Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all applicable laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the city under this chapter or the franchise, or if in compliance with any local, state or federal law or regulation, the grantee finds conflict with the terms of this chapter, the franchise, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city shall have the right to modify any provisions of this chapter to such reasonable extent as may be necessary to carry out the intent and purpose of this chapter.
(C) The city reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchisee and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the city, the city may, without the approval of the grantee, legislate any such additional regulation as may then be permissible, whether or not contemplated by this chapter.
(Ord. passed 2-16-93)
(A) The city shall have the following regulatory responsibility:
(1) Administration and enforcement of the provisions of this chapter and any franchise granted hereunder:
(2) Award renewal, extension or termination of a franchise pursuant to the provisions of this chapter, the franchise, and other applicable law;
(3) Consent prior to sale or transfer of any franchise granted hereunder;
(4) Performance evaluations pursuant to this chapter and the franchise.
(B) The city also reserves the right to perform the following functions:
(1) Develop objectives and coordinate activities related to the operation of government channels;
(2) Provide technical, programming and operational support to public agency users such as city departments, schools and public health care institutions;
(3) Analyze the possibility of integrating cable communications with other city, state or regional telecommunications networks;
(4) Formulate and recommend long range telecommunications policy for the city and provide for the determination of future cable related needs and interests of the community;
(5) Provide the administrative effort necessary for the conduct of performance evaluations pursuant to this chapter and the franchise, and any other activities required for the administration of the franchise;
(6) Monitor the grantee’s process for handling citizen complaints and periodically inspect and analyze the records related to such complaints;
(7) Monitor the grantee’s adherence to operational procedure and line extension policies;
(8) Assure compliance with applicable laws and ordinances;
(9) Arrange tests and analyses of equipment and performance, pursuant to this chapter and the franchise, to ensure compliance with this chapter and the franchise;
(10) Provide for reasonable continuity in service;
(11) Receive for examination all data and reports required by this chapter.
(Ord. passed 2-16-93)
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