(A) System construction schedule. Every franchise or license shall specify the construction schedule that will apply to any required construction, upgrade or rebuild of the cable system. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.
(B) Use of franchisee or licensee facilities. The city shall have the right to install and maintain, free of charge upon any poles or in any conduit owned by a franchisee or licensee, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the franchisee or licensee; provided that, if a franchisee is authorized to erect poles or place conduit, and the city uses a franchisee’s conduit or poles to install a cable system that competes with that franchisee in the provision of cable service to residential subscribers, the franchise may provide that the franchisee may charge the city a fair market rate pursuant to that franchise for the use of the poles or conduit to provide residential cable service. A franchisee or licensee shall notify the city when it enters into an agreement for the use of its poles and conduits. Copies of agreements for use of a franchisee’s or licensee’s conduits or poles in the public rights-of-way or on other public property shall be available for review upon the city’s request.
(C) Provision of service/quality of service. In addition to satisfying such requirements as may be established in a franchise, every cable operator holding a franchise shall operate its cable system subject to the following conditions, except as prohibited by federal law.
(1) It is the policy of the city to ensure that every franchisee provides service in the franchise area upon request to any person or any government building. Each franchisee shall extend service upon request within its franchise area; provided that, a franchise may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where the extension or installation may be unduly expensive. Service must be provided within the time limits specified in division (C)(2) below.
(2) Except as a franchise otherwise provides, a franchisee must extend service to any person or to any government building in the franchise area which requests it:
(a) Within seven days of the request, where service can be provided by activating or installing a drop;
(b) Within 90 days of the request where an extension of one-half mile or less is required; or
(c) Within six months where an extension of one-half mile or more is required. Provided that, in cases where a franchise permits a franchisee to require a potential subscriber to bear a share of extension or installation costs, and the franchisee requires the potential subscriber to bear the costs, the time for extension shall be measured from the date the subscriber agrees to bear the costs or, if a franchisee requires prepayment of all or a portion of the estimated costs, from the date the prepayment is made. A franchisee that requires a potential subscriber to bear a portion of installation or extension costs must prepare a written estimate of extension costs within seven days of a request for an installation or extension that would be subject to cost-sharing.
(3) A franchisee’s cable system within the city shall at least meet the technical standards set forth in 47 C.F.R. §§ 76.601 et seq., and any other applicable technical standards.
(4) A franchisee shall perform all tests necessary to demonstrate compliance with the requirements of the franchise and other technical and performance standards established by applicable law. Unless a franchise or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the National Cable Television Association’s Recommended Practices for Measurements on Cable Television Systems or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the city within seven days of a request by the city. If a location fails to meet technical or performance specifications, the franchisee, without requirement of additional notice or request from city, shall promptly take corrective action and retest the locations.
(5) Upon request of the city, every cable operator shall be required to interconnect with every other cable system and cable operator within the city, on fair and reasonable terms, for purposes of providing PEG and institutional network services.
(D) System maintenance. Scheduled maintenance shall be performed by a franchised cable operator so as to minimize the effect of any necessary interruptions of cable service.
(E) Continuity of service. Each franchisee shall, during the term of the franchise, ensure that subscribers are able to receive continuous service. In the event the franchise is revoked or terminated, the franchisee may be required to continue to provide service for a reasonable period to assure an orderly transition of service from the franchisee to another entity. A franchise may establish more particular requirements under which these obligations will be satisfied.
(Ord. 26-97, passed 9-23-1997)