(A) System design.
(1) Agreement. Every grantee shall offer service that meets the current and future needs of the town, taking into account the costs of meeting those needs. The franchise agreement shall incorporate a description of the grantee’s application in accordance with § 113.04(H), including the general design and capabilities of the system to identify for the town how the system will meet the current and future cable service needs of the town.
(2) State-of-the-art review. The franchise agreement shall include provisions to ensure cable service and cable system compatibility with changes in law, technology and programming and services to maintain a state-of-the-art system throughout the franchise term.
(B) The system. Every system shall pass by every single-family dwelling unit and multiple-family dwelling unit within the franchise area in accordance with line extension policies set forth in this chapter. Service shall be provided to subscribers in accordance with the schedules and line extension. Unless specified otherwise, service shall also be extended to commercial buildings on a consistent basis with the residential line extension policies.
(C) Drops to public buildings.
(1) Every grantee shall provide installation of at least one cable drop, and provide monthly basic cable service, without charge, to public buildings in accordance with the line extension policies of this chapter, or as otherwise specified in the applicable franchise agreement. Schools shall also receive one cable drop and basic cable service at no charge. Following the town’s designation of additional buildings(s) to receive cable service, and upon the town’s request, a grantee shall complete construction of the drop and outlet within 30 days.
(2) All cable service outlets shall not be utilized for commercial purposes.
(3) In instances where the drop to the public building exceeds 150 feet, the grantee may charge for the actual and reasonable cost of its labor and materials.
(4) Every grantee that offers two-way interactive broadband services to subscribers within the town shall provide and install at no cost for the term of the franchise agreement cable modems at every school and to all public libraries, within the franchise area that are passed by the portions of the grantee’s cable system that are capable of supporting the two-way services.
(D) Use of grantee facilities. The town shall have the right to install and maintain town equipment, at the actual cost for the space, not including cost for existing space. Cost will be limited to any incremental cost for any wire or fixtures. This applies to the excess space upon the poles and within the underground pipes and conduits of a grantee, any wires and fixtures desired by the town to the extent that the installation and maintenance does not interfere or compete with existing operations of a grantee. The town will relinquish its use of the poles and conduits upon 90 days’ notice from a grantee that town’s use interferes with company’s actual or anticipated use of the same.
(E) Upgrade of system. Every grantee shall upgrade its system (herein referred to as the “system upgrade”), if required, as set forth in its respective franchise agreement.
(F) Nondiscriminatory access to cable system. Grantee may be required to allow nondiscriminatory access to its cable system if it shall be required by federal law. Prior to the enactment of this requirement, a grantee shall be provided with reasonable notice and an opportunity to be heard, including the right to present evidence with respect to the need for that requirement. Grantee reserves, and has not waived, any right it may have, or may later be determined to have, to challenge the town’s implementation of an open access requirement.
(Ord. eff. 10-8-2001)