A. Minimum Channel Capacity:
1. Upon the effective date of this franchise, grantee's system has a 750 MHz capacity and utilizes a hybrid fiber coaxial architecture. Grantee's system shall continue to provide and utilize a minimum of 550 MHz for cable services and shall continue to provide for the term of this franchise a minimum of 750 MHz capacity.
2. Maintenance of the system, as described in section 13-1-19, exhibit C, of this chapter, shall occur.
3. Grantee shall maintain a system capable of providing nonvideo cable services such as high speed data transmission, internet access, and other competitive services. It is anticipated that grantee may use 200 MHz of the total 750 MHz system capacity for the provision of such services.
4. All final programming decisions remain the discretion of grantee in accordance with this franchise, provided grantee notifies the city and subscribers in writing thirty (30) days prior to any channel additions, deletions or realignments, in the manner and to the extent required by federal law, and subject to grantee's signal carriage obligations hereunder, and pursuant to 47 USC sections 531 through 536 and to the city's rights pursuant to 47 USC section 545. Location and relocation of the PEG channels shall be governed by section 13-1-10 and section 13-1-19, exhibit B, of this chapter.
B. Interruption Of Service: To the extent within grantee's control in the ordinary course of business, grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the system rebuttably presumed to be between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. local time. If service is interrupted for a total period of more than twenty four (24) continuous hours to one or more subscribers in any thirty (30) day period, those subscribers shall, upon request, be credited pro rata for such interruption.
C. Technical Standards: The technical standards used in the operation of the system shall comply, at minimum, with the technical standards promulgated by the FCC relating to cable systems pursuant to title 47, section 76, subpart K of the code of federal regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. In addition, to the maximum extent that the FCC has not specifically preempted the city's rights to set its own technical standards for the operation of grantee's cable system, grantee is subject to the technical standards outlined in section 13-1-19, exhibit C, paragraph 5 of this chapter.
D. Special Testing:
1. Throughout the term of this franchise, the city shall have the right to inspect all construction or installation work performed pursuant to the provisions of the franchise. In addition, the city may require special testing of a location or locations within the system if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location. Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The city shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to grantee or to the subscribers caused by such testing.
2. Before ordering such tests, grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The city shall meet with grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the city wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at grantee's expense by a qualified engineer selected by the city, and grantee shall cooperate in such testing.
E. Drop Testing And Replacement: Grantee shall insert a 750 MHz carrier or equivalent at a level 10 dB below the video carriers that shall be measured and recorded by grantee as a normal procedure during all service and installation calls. In addition, the drops and related passive equipment may be inspected to assure that the drop and passive equipment can pass the full 750 MHz system capacity. In the event measurement of the carrier or the inspection demonstrates that a drop or associated passive equipment does not pass the full 750 MHz, the subscriber address will be recorded by grantee, and grantee shall provide the city and commission, or their designees, upon request, a report indicating the addresses where drops or associated passive equipment have failed. Grantee shall replace all failing drops and/or associated passive equipment at the time the address upgrades service to a level which requires a signal above the 550 MHz spectrum at no separate charge to the individual subscriber.
F. FCC Reports: The results of any tests required to be filed by grantee with the FCC or placed in grantee's public inspection file as required by FCC rules, shall also be made available to the city or its designee upon request within ten (10) days of the conduct of the date of request.
G. Annexation: Upon the annexation of any additional land area by the city, the annexed area shall thereafter be subject to all the terms of this franchise immediately upon notification to grantee of the annexation by the city.
H. Line Extension:
1. Grantee shall construct and operate its cable system so as to provide service to all parts of its franchise area as provided in this franchise and having a density equivalent to seven (7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using aerial plant, and ten (10) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The city, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the grantee with at least fifteen (15) days' advance notice of an available open trench for the placement of necessary cable.
2. Where the density is less than that specified above, grantee shall inform persons requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each person requesting service shall not exceed a pro rata share of the actual cost of extending the service, and grantee shall not be obligated to extend its system until seventy five percent (75%) of the persons requesting service in such area have prepaid their pro rata share of the extension.
3. Any residential unit located within one hundred twenty five feet (125') of the nearest active plant on grantee's system shall be connected to the system at no charge other than the standard installation charge. Grantee shall, upon request by any potential subscriber residing in the city beyond the one hundred twenty five foot (125') limit, extend service to such subscriber; provided, that the subscriber shall pay the net additional drop costs.
4. Under normal operating conditions, if grantee cannot perform installations within the times specified in applicable customer standards, the subscriber may request and is entitled to receive a credit equal to the charge for a standard installation. For any installation that is not a free installation or a standard installation, grantee shall provide the subscriber with a written estimate of all charges within twelve (12) days of a request by the subscriber. Failure to comply will subject grantee to appropriate enforcement actions. This subsection does not apply to the introduction of new products and services when grantee is utilizing a phased introduction.
I. Nonvoice Return Capability: Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications.
J. Lockout Device: Upon the request of a subscriber, grantee shall make available a lockout device in accordance with applicable law. (Ord. 353, 2-15-2000)