(A) The operator and city recognize that the need for channel capacity is in part related to the community's demand for video and non-video programming. Both the city and the operator also recognize that accurate prediction of this demand is very difficult and that micro-management as regards to system capacity of the franchise operations is not in the best interest of the city. Accordingly, a requirement for excess unused capacity will unnecessarily increase the cost of cable service while insufficient capacity will hinder the long-term growth of the system. Within these parameters, however, the operator's system shall have sufficient capacity to meet community needs efficiently.
(B) Provided, however, that cost to the operator shall be taken into account should circumstances at that time cause the operator to not be able to justify expanding its system or programming services levels to the levels herein.
(C) Thereafter, the operator shall expand the channel capacity of the system, within a reasonable period of time, so that it can meet all future cable related needs of the community for which the cable subscribers are willing to pay. The desirability of additional channels shall be determined by a joint survey conducted by the operator and the city of a representative sample of the then existing cable subscribers. However, in no event shall the operator be required to expand the channel capacity of the system in an amount greater than the number of channels for which it can reasonably recover the cost of adding the channel capacity over the remaining life of the franchise.
(Ord. O-19-08, passed 11-11-08)