(A) (1) To the extent consistent with federal law, any cable system constructed within the city must meet or exceed technical standards consistent with this chapter, the franchise agreement and the franchisee's application. The cable system must meet all applicable FCC technical standards and be capable of delivering all National Television Systems Committee (NTSC) color and monochrome standard signals.
(2) All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired.
(B) (1) All construction, installation and maintenance must comply with the National Electrical Safety Code (NESC), the National Electric Code (NEC), all state and local regulations and good and accepted industry practices. Any cable system owned or controlled, directly or indirectly, by any utility shall be subject to the same NESC and NEC standards as an unaffiliated franchisee's cable system, and no application of different NESC and NEC standards to a utility affiliated franchisee's cable system shall be justified because that cable system also is utilized for utility or related services.
(2) Any franchisee in violation of this division shall indemnify any other franchisee who incurs any necessary and reasonable expense due to the non-compliance of a franchisee with this division.
(C) At the stages of any new construction specified in the franchise agreement for an initial franchisee, the franchisee must perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of this chapter, the franchise agreement, and FCC requirements. The franchisee must provide the proof of performance test results promptly to the city.
(D) All franchisees shall comply with FCC technical standards relating to the operation of a cable system, including the performance of any required proof of performance tests. The franchisee must report to the city whether it complies with FCC technical standards measured by the tests, upon city's request.
(E) All costs and expenses arising from the use of city-owned property or facilities incident to inspections, makeready and construction of an additional cable system in the city, including placing facilities underground, and all other related costs including those of existing franchisees, city and utilities, shall be borne by such additional cable system franchisee, and the additional franchise shall be conditioned on the payment of these costs and expenses by the franchisee.
(1989 Code, § 115.48) (Ord. 1988, passed 11-9-1992)