A. In addition to any requirements contained within this ordinance, all non-exempt MCS providers that are classified as cable operators shall be expected to abide by, and comply with, all applicable provisions of the Cable Communications Policy Act of 1984.
B. The specific provisions of the CCPA include, but are not limited to, the following:
1. cable channels for public, educational, or governmental use (Section 611 CCPA--codified at 47 USC 531);
2. cable channels for commercial use (Section 612--47 USC 532);
3. general franchise requirements (Section 621--47 USC 541);
4. franchise fees (Section 622--47 USC 542);
5. regulation of rates (Section 623--47 USC 543);
6. regulation of services, facilities, and equipment (Section 624--47 USC 544);
7. modification of franchise obligations (Section 625--47 USC 545);
8. franchise renewal (Section 626--47 USC 546);
9. conditions of sale of a franchise (Section 627--47 USC 547);
10. subscriber privacy (Section 631--47 USC 551); and
11. equal employment opportunity (Section 634--47 USC 554).
C. Further, as an additional requirement, before the second anniversary of the effective date of this ordinance, any non-exempt MCS provider classified as a cable operator and providing cable service within the City shall have designed, built and activated a multi-channel system with a channel capacity of at least sixty (60) channels.
D. Further, the Council/franchising authority is committed that the goal of the CCPA, as set forth in Section 601(4) of the Act (codified at 47 USC 521(4)), is met at all times. As a result, the Council/franchising authority expressly requires that upon the advent, implementation, and transmission of high definition television (HDTV), its functional equivalent, or any subsequently developed technological advancement affecting channel capacity or needed bandwidth for any video programming source or service, the cable operator shall not lessen, dilute, or decrease the mix, level, quality, or quantity of programming services carried on the cable system for reasons of lack of adequate channel capacity.
E. Additionally, the Council/franchising authority, in the interests of minimizing on-going operating costs to the cable operator and the resultant increases in rates and charges paid by subscribers is committed to the introduction of technological advancements that could realize such benefits to both the cable operator and subscriber. Therefore, unless an operator can demonstrate that it is both technologically and economically unfeasible, the affected cable operator shall within eighteen (18) months of the effective date of a franchise renewal agreement, or at the time of initial construction under a new franchise agreement, introduce addressable technology allowing cable service levels to be changed without the expense (either to the operator or subscriber) of a separate trip or call.