A. When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk.
B. The grantee shall: operate the cable system authorized by this chapter twenty-four hours per day, seven days per week; and maintain an office in the service area, which office shall open during all the usual business hours, have a local telephone number listed in the directories of the Pacific Telephone and Telegraph Company for Fullerton extended areas, and be so operated that complaints and requests for repairs or adjustment may be received at any time day or night, seven days a week.
C. No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge hereby authorized.
D. The grantee shall provide at its expense a closed circuit television capability to include installation of two remote cameras at the Basque Yard. Controls and one receiver will be provided at Police Department headquarters. Maintenance, modification and extension of this system if required by the City to be performed by the grantee shall be on a cost reimbursement basis.
E. The grantee shall maintain, or make available, in the city a studio or studios available for use by the City and its permittees on reasonable notice as referenced in grantee's proposal.
F. The grantee shall provide one subscriber connection to the following facilities without cost and, as designated by the Council, when the system passes within five hundred feet of the lot line or boundary of any of the following facilities:
1. Public schools and community colleges within the city.
2. Buildings owned and controlled by the City used for public purposes and not for residential use (fire and police stations included).
G. As a minimum, the cable television system permitted to be installed and operated hereunder shall:
1. Be operationally capable of relaying to all subscribers' terminals those television and radio broadcast signals for the carriage of which the grantee is hereafter authorized by the Federal Communications Commission if such authorization is required.
2. Be constructed with the capacity for two-way, nonvoice return communication.
3. Have a minimum capacity of forty television channels and twenty FM channels to all subscribers expressly providing to all subscribers any required converters, cable selection switch(es) or other devices required for the subscriber to receive all carried standard channels.
4. Provide at least one channel without charge for use as a public access channel. As a minimum, the public access channel capabilities shall include a timebase corrected videotape playback capability (3/4" U cassette or other approved format).
5. Provide a public information channel for utilization by the City or a City-appointed designee. This channel shall employ a colorized alphanumeric character generator with local display to be located at the direction of the City. The public information channel shall be programmed by the City.
6. Upon direction of the Council, provide at least four channels without charge for local government and educational access.
H. The grantee shall not engage in the business of selling at retail, leasing, renting, repairing or servicing television sets or radios nor engage in the sale of parts for such equipment.
I. When requested, the grantee shall receive and distribute signals from and to headend of other third party communication service operators who are authorized by the City to offer such services within the city.
Signal carriage shall be provided on cable system access channels by the grantee at uniform rates approved by the City. Equipment and installation required to bring the signals to and from the cable system headend and to condition such signals for application to the cable system shall be provided by the (third party) communication service operator.
J. The grantee shall make all reasonable efforts to electrically interconnect the Fullerton CATV system with CATV systems in adjacent communities for the purposes of sharing locally originated public and educational programming. Such an interconnect shall be effected by coaxial cable, fiber optic cable, microwave or other bidirectional signal transportation means as appropriate to permit programming interchange in compliance with the technical provisions of the City's CATV franchise ordinance. Within the two years of the effective date of the ordinance codified in this chapter the grantee shall contact all franchised operators in the communities immediately adjacent to Fullerton for the purposes of exploring and securing a mutually acceptable system interconnect agreement and report the results of said activity to the Fullerton City Manager or other designated City representative. The report shall state each contacted operator's name, city, and response, list all programming activity available to Fullerton residents via such an interconnect agreement as well as list programming to similarly be transmitted from Fullerton to the adjacent community and explain the substance of the governing business agreement reached with the other operators.
If an adjacent operator(s) is not responsive to the grantee's inquiry, a letter report, stating that all reasonable attempts to gain an interconnect agreement were made but unsuccessfully, shall similarly be filed with the City.
In the case of adjacent new CATV systems constructed in adjacent communities after the Fullerton system, the grantee shall have a period of six months after the new system becomes operational to make the required inquiries and attempt at an interconnect agreement.
K. Converters/Terminals.
1. Each device shall be and remain the property of the grantee. Grantee shall be responsible for its maintenance and repair and may replace it, as he may from time-to-time elect, except that subscriber shall be responsible for loss of or damage to any such device while in his possession.
2. Upon termination or cancellation of subscriber's service, he shall promptly return grantee's property to grantee in the same condition as received, reasonable wear and tear excepted.
3. Charges for converter rentals shall cease after forty continuous months of service.
4. Grantee's proposal, dated June 23, 1980, which was adopted on July 8, 1980, and incorporated into the franchise agreement, is amended to delete the following language (P. 21 subsection (4)):
"Charges for converter rental will cease after forty (40) continuous months. In addition, subscribers will have the option of purchasing converters at Teleprompter's actual cost."
(Ord. 2476 Exhibit B § 3, 1983; Ord. 2326 § 1 (part), 1980).