(a) System Design.
(1) The Cable System shall be designed, maintained and operated as a State-of- the-Art System. The design shall provide and continue to provide maximum flexibility and adjustability for usage of bandwidth which is intended for a mix of analog, and interactive video, audio, and data services.
(2) The Cable System shall have the technical capacity (including, but not limited to, return transmission paths and amplifiers) for non-voice return communications.
(3) The Cable System shall be designed to be interconnected with systems serving municipalities adjacent to the Village. The Village may request the Operator to negotiate interconnecting the Subscriber Network, the Institutional Network, if any, or both with adjacent systems or telecommunication providers in the general area. The Operator shall use all reasonable efforts to accomplish such interconnection and shall keep the Village informed of the progress of any negotiations.
(b) Provision of Free Cable Service to Public Buildings. Each Operator shall install and provide Basic Service and Cable Programming Service Tier ("CPST") and cable modem or equivalent service, if the Operator has a cable modem or equivalent service that it provides to Subscribers pursuant to the Operator's Franchise Agreement, to all public buildings within the Village designated by the Village in the Franchise Agreement, at no charge for the initial installation and monthly service provided at each location; provided that the public building is less than one hundred fifty (150) feet from the location of the Operator's cable plant in the Village's right-of-way. The Operator shall provide installation for buildings farther than one hundred fifty (150) feet from the Operator's cable plant if the Village pays the cost of installation for that portion of the distance between the building and the Operator's cable plant that exceeds one hundred fifty (150) feet. Each of these installations must include a Signal Drop, one outlet, and one converter if required. The Village may request that the Operator install and provide, as described above, Basic Service, CPST and cable modem service to additional public buildings if demand for such service arises. The Operator shall not unreasonably withhold its consent to providing such additional service.
(c) Emergency and Safety Alert Monitor System. To the extent not in conflict with federal law, the Operator shall install and thereafter maintain an emergency override system or a safety alert monitor system (collectively, the "Emergency System") for use by Village public safety authorities designated by the Mayor. The Emergency System must be capable of being triggered by the public safety authorities and by the National Weather Service's WRSAME alert system. The Emergency System shall have the capacity for instantaneous and direct voice and video override of all Channels on the Cable System from a location or locations designated by the Village and shall serve all Subscribers. The Emergency System shall be capable of being interconnected with any other Operator's Cable System servicing Village residents. At the Village's request, an Operator shall use all reasonable efforts to obtain agreements with other systems for such interconnection in order to make the Emergency Alert System available to all residents of the Village.
(d) Access Channels.
(1) Upon the Village's request, each Operator shall make available to the Village without charge at least three (3) Channels on the Cable System dedicated exclusively to municipal government, educational, and/or public access use ("PEG Channels"). Unless preempted by federal law, the PEG Channels shall be apart of Basic Service. To the extent possible, the PEG Channels shall be located immediately adjacent to each other on the channel lineup. The PEG Channels shall not be placed on any Cable System Channel that may experience direct pickup interference from over-the-air broadcast stations.
(2) If the Operator finds it necessary to change the location of the access Channels, the Operator shall pay the Village and/or schools any reasonable costs and expenses they incur because of the change in Channel lineup, including but not limited to, advertising, promotional, supplies and non- legal professional costs to make technical and/or content changes. The Operator shall provide thirty (30) days advance written notice to the Village regarding any proposed change in government and/or educational Channel lineup.
(3) Each Operator shall make available leased access channels ("LAC") in accordance with applicable rules of the FCC.
(4) If the PEG Channels required in this subsection (d) are in use with newly produced, not replayed, video programming an average of no less than six (6) hours per day, five (5) days per week, for six (6) weeks running, and there is demand for use of an additional PEG Channel, an Operator shall have three (3) months after written request by the Village in which to provide a new specially designated access Channel, whether it be for municipal government, educational or public access.
(e) Public Access Equipment and Facilities. Each Operator shall construct, operate and maintain a studio for public access Channel use. The public access studio shall be located within thirty (30) minutes driving time of the Village Hall. The Operator shall provide public access users with free introductory training in the use of the equipment which training shall be offered with sufficient frequency and convenience to encourage public access usage. The Operator shall be responsible for insuring, upgrading, maintaining, repairing, fixing and adjusting all facilities and equipment that are a part of the public access studio.
(f) Equivalent Monetary Contributions or In Kind Services. If Village Council determines that another Operator has provided one or more of the facilities, services or contributions required by this Chapter or that the Village's needs are otherwise adequately met with respect to those facilities, services or contributions, Council may determine an equivalent monetary or in-kind contribution that an Operator shall provide the Village in lieu of the facilities, services or contributions no longer needed by the Village.
(g) Promotion of PEG Channels. The Village has an interest in encouraging use of the PEG Channels. Each Operator shall work with the Village to promote PEG Channel usage and viewing including, but not necessarily limited to, a listing of PEG programming as a part of the Operator's daily programming bulletin board. (Ord. 2001-16. Passed 7-16-01.)