A. System Design:
1. The grantee shall construct, install, and maintain a stand-alone headend. Upon completion of the stand-alone headend, the grantee will make available a minimum of thirty (30) channels of programming.
2. The system will be designed so as to be two-way capable, and will be constructed in a manner that will meet or exceed FCC specifications.
B. All Channels Emergency Alert: The grantee shall, by July 1, 1997, in the case of any emergency or disaster, make its entire system available without charge to the City or to any other governmental or civil defense agency that the City shall designate. The system shall be engineered to provide an audio alert system to allow authorized officials to automatically override the audio signal on all channels and transmit and report emergency information. The franchising authority shall hold the grantee, its agents, employees, officers, and assigns hereunder, harmless from any claims arising out of the emergency use of its facilities by the franchising authority, including, but not limited to, reasonable attorney's fees and costs.
C. Back-Up Generator: Within two (2) years after the effective date of the franchise, the grantee will install a back-up generator at its headend that will provide the needed power to generate the headend in the event of a power outage.
D. Switching Device: The grantee, upon request from any subscriber, shall install, for a charge, a switching device to permit a subscriber to continue to utilize the subscriber's television antenna. The grantee shall not require the removal, or offer to remove, any subscriber's antenna lead-in wire.
E. Parental Control Devices: Grantee shall provide to subscribers, upon request and for a charge, parental control devices that allow any channel or channels to be locked out. Such devices shall block both the video and the audio portion of such channels to the extent that both are unintelligible. The lockout device described herein shall be made available to all subscribers requesting it within one hundred twenty (120) days from request.
F. Educational And Governmental Access:
1. The grantee shall provide at least one dedicated channel for educational and governmental use.
2. Whenever the channel as required by this subsection is in use for more than fifty percent (50%) of prime time, (as defined in section 76.5(n) of the FCC rules and regulations) and more than fifty percent (50%) outside of prime time over a three (3) month period, with at least fifty percent (50%) of the programming being original and not duplicated, and there is demand for use of additional channels for the same purpose, the grantee shall have six (6) months to make an additional channel available for the same purpose; provided however, that the cable system has been rebuilt/upgraded to a capacity of seventy (70) channels and that said access channel does not interfere with existing use of the channel capacity on the cable system. In no event shall the grantee be required to provide more than two (2) access channels.
3. If requested by the franchising authority, grantee will provide one channel to be used for educational and governmental access. The grantee will activate this channel from the City Hall in Knoxville and purchase the necessary equipment and modulators to activate the return.
G. Access Equipment And Facilities Fee: During the term of a franchise, and if authorized by the City Council, grantee shall, not earlier than sixty (60) days after the final adoption of an ordinance granting a franchise to the cable operator by the City Council, provide ongoing capital support for public, educational, and governmental access equipment and facilities in the amount not to exceed fifty cents ($0.50) per subscriber per month for the entire term of the franchise payable in the same manner as the franchise fee payment pursuant to subsection 7-4-7A of this Chapter. The City acknowledges that this amount shall not be considered gross revenues subject to the payment of franchise fees pursuant to subsection 7-4-7A of this Chapter. Furthermore, payments of this ongoing capital support shall not be deemed to be "franchise fees" within the meaning of section 622 of the Cable Act and such payment shall not be deemed to be "payments-in-kind" or any involuntary payments chargeable against the compensation to be paid to the City by grantee pursuant to subsection 7-4-7A of this Chapter, or part of the compensation to be paid to the City by grantee pursuant to subsection 7-4-7A of this Chapter. Grantee may increase each subscriber's bill by an amount not to exceed fifty cents ($0.50) per month per subscriber for recovery of the capital contribution. The capital contribution will be payable by the grantee to the franchising authority after:
1. The approval of the franchising authority to the inclusion of the capital contribution on subscriber's bills, including any required approval pursuant to 47 CFR 76.933;
2. Notice to grantee's subscribers of the inclusion; and
3. The commencement of collection of the capital contribution by grantee from its subscribers. (Ord. 96-1, 2-5-1996)
H. Television Broadcast Signals: The grantee system shall be designed, engineered, and maintained so as not to interfere with the television and radio reception of residents of the City who are not subscribers to the system. (Ord. 96-3, 5-6-1996)
I. Leased Access Channels: The grantee shall make a portion of the remaining unused channels available for lease to any organization, group, or individual on a first-come, first-served basis as provided in this Chapter. The grantee cannot exercise program controls over leased channels, but may adopt rules governing the leasing of channel space which: 1) provides for access on a first-come, non-discriminatory basis; 2) prohibits the presentation of lottery information and obscene or indecent matter; 3) requires sponsorship identification; 4) specifies a reasonable rate schedule; and 5) permits public inspection of the record of the names and addresses of all persons or groups requesting time, which record shall be retained for a period of at least two (2) years. Such channels shall be made available as defined by section 612 of the Cable Act of 1992.
J. Additional Services: The grantee is encouraged to make available such additional video, audio, radio, digital, point-to- point service, and other services as are requested by subscribers and programmers who are willing to pay for such services; provided, that such services are technologically and economically feasible. If no applicable rate exists when such a service is requested, the rate change procedures established in this Chapter shall apply. The grantee shall undertake to apply for a certificate of compliance or waiver necessary to permit the provision of a specific additional service. Should a dispute arise over any matter regarding additional services, the dispute may be resolved in accordance with the provisions of the Section relating to methods of resolving disputes. Nothing in this subsection shall preclude the offering of such new service on a temporary or experimental basis.
K. Technical Standards:
1. Methods of construction, installation, and maintenance of the cable television system shall comply with the most recent National Electrical Code to the extent that such Code is consistent with local law affecting the construction, installation, maintenance of electric supply and communications lines. To the extent that such Code is inconsistent with other provisions of this Chapter or with local law, the latter shall govern. The grantee must obtain all necessary construction or excavation permits in advance from the City.
2. Installation and physical dimensions of any tower constructed for use in the cable television system shall comply with all appropriate Federal Aviation Agency regulations.
3. Any antenna structure used in the cable television system shall comply with all appropriate local, State and Federal regulations.
4. All working facilities and conditions used during construction, installation, and maintenance of the cable television system shall comply with the standards of the Occupational Safety and Health Administration.
5. Whenever a pattern of similar complaints emerges, or where there exists other evidence, which, in the judgment of the City, casts doubt on the reliability or quality of cable service, the City shall have the right and authority to compel the grantee to test, analyze, and report on the performance of the system. The City's right under this provision shall be limited to requiring tests, analysis, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable services. Should such tests find that the cable service is operating within the requirements of the FCC, the cost of said tests will be paid by the City.
6. Any special performance tests or measurements required by the City to be taken pursuant to subsection K5 above shall be reported to the City within thirty (30) days after such tests or measurements are performed. Such report shall include the following information: the nature of the complaint which precipitated the special tests; what system component was tested, the equipment used, and procedures employed in said testing; the results of such tests; and the method in which such complaints were resolved. Any other information pertinent to the special test shall be recorded.
7. Should any of the following occur, the grantee must notify the franchising authority within thirty (30) days prior to any change within the grantee's control regarding:
a. Addition to, deletion of, or change in received channel, if within the control of the grantee.
b. Addition to, deletion of, or change in distributed channel or in channel conversion, if within the control of the grantee.
c. Change in location of headend or antenna sites.
8. The cable communication system permitted to be operated hereunder shall be maintained and operated in conformance with FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities shall be deemed to be regulations under this Chapter.
L. Filing Of Maps: Upon request of the City, the grantee shall file with the City strand maps. (Ord. 96-1, 2-5-1996)