(A) The cable television system shall have at least 35 channels available for immediate use.
(B) The system shall maintain a plant having the technical capacity for return, or two-way communications.
(C) Subject to division (E) of this section, a Grantee shall maintain the following for the length of the franchise.
(1) At least one specially-designated, noncommercial public access channel available on a first- come, nondiscriminatory basis at no cost to users.
(2) At least one specially-designated channel for use by local educational authorities at no cost to users.
(3) At least one specially-designated channel for local government's uses at no cost to users.
(4) At least one specially-designated channel for leased access uses; provided, however, these uses may be combined on one or more channels until such time as additional channels become necessary.
(5) At least one specifically-designated channel available to senior citizens' programming.
(D) Subject to division (E) of this section, a Grantee shall have available within the city equipment for local production and presentation of cablecast programs other than automated services, and shall permit its use for the production and presentation of public access programs.
(E) The city may by franchise agreement modify the requirements of division (C) and/or (D) for a particular Grantee. However, at minimum such a Grantee shall provide and maintain for the length of the franchise agreement, at no cost to the city or users, at least three channels, available 24 hours per day, whose use the city will allocate among some or all of the following types of uses, as the city from time to time determines best meets the cable-related needs of the city and its residents.
(1) Public access usage.
(2) Usage by local public K-12 schools.
(3) Usage by the city.
(4) Usage by the Garden City Osteopathic Hospital.
(5) Usage by and for senior citizens.
(6) In addition, a Grantee shall maintain for the length of the franchise agreement one educational channel for use by Schoolcraft Community College, Garden City Campus, 24 hours per day, at no cost to that user, unless the need for such an educational channel is removed by the Grantee otherwise providing (by leased access or otherwise) the user a channel on the Cable Communications System.
(F) (1) A Grantee shall comply with applicable federal rules relating to emergency alert systems.
(2) In the absence of such rules a Grantee shall incorporate into its cable television system the capacity which will permit the city, in times of emergency, to override, by remote control, the audio of all channels simultaneously. The Grantee shall designate a channel which will be used for emergency broadcasts of both audio and video. The Grantee shall cooperate with the city in the use and operation of the emergency alert override system.
(G) (1) The Grantee may be required to interconnect its system with other broadband communications facilities. The interconnection shall be made within the time limit established by the city, which time limit shall be extended as necessary to obtain needed cooperation of third parties. The interconnection shall, at the city's discretion, be accomplished according to the method and technical standards determined by the city and generally accepted in industry practices.
(2) BROADBAND COMMUNICATIONS FACILITY, as used herein, means any network of cable, optical, electrical, or electronic equipment, including cable television systems, used for the purpose of transmitting telecommunications signals, but shall only include landline networks providing multi-channel video programming generally considered comparable to programming provided by television broadcast stations.
(H) (1) The Grantee shall provide additional services and facilities as are contained in its application (if any) or Franchise Agreement, which is incorporated by reference herein.
(2) It is mutually agreed upon and understood that as the "state-of-the-art" develops to allow additional channels, services, and other improvements to the system, including two-way capability, those developments may be incorporated into the system by the Grantee.
(J) The Grantee shall make available suitable channel capacity for leased access by third parties unaffiliated with the Grantee to the extent from time to time required by federal law and regulations. The Grantee shall have the sole responsibility for all operating aspects and for the fixing of rates and conditions for leased access use.
(‘83 Code, § 123.10) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99