(A) System capacity and channels. At a minimum, any franchise granted hereunder shall describe the grantee’s network in terms of the total system capacity such as the total number of analog and digital video channels that can be provided.
(B) Cable service availability.
(1) Each franchise will identify a required service area in which a grantee will be required to offer cable service to all dwellings, homes, and businesses, subject to a reasonable density threshold. Any additional franchise will include a service area that is no more favorable or less burdensome than the service area in an existing franchise.
(2) Any franchise granted hereunder may establish requirements for the extension of the system and provision of cable service to areas that may be annexed by the city beyond the initially required service area.
(3) Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the area in which such group resides.
(C) Non-standard installations. A grantee must provide cable service to any person requesting other than a standard installation except that a grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a standard installation.
(D) Technical standards. Any system offering cable service in the city must comply, at minimum, with the technical standards promulgated by the FCC relating to cable systems pursuant to 47 U.S.C. §§ 76.601 to 76.617, as may be amended or modified from time to time.
(E) System testing.
(1) A grantee shall perform all system testing required pursuant to the FCC’s technical standards and requirements.
(2) Demand for 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 arrange its request for such special testing so as to minimize hardship or inconvenience to the grantee or to the subscribers caused by such testing. Before ordering such tests, the grantee shall be afforded 30 days to correct problems or complaints upon which tests were ordered. The city shall meet with the 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 30 days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer mutually selected by the city and the grantee based on a mutually agreed upon scope of work and cost. The parties shall bear their respective costs for the testing, with the city bearing the cost of special testing unless such testing reveal that the source of the technical difficulty is within the grantee’s reasonable control, in which case the cost of the testing must be borne by the grantee.
(F) FCC reports. The results of tests required to be filed by the grantee with the FCC shall also be copied to city.
(G) Emergency alert system. A grantee shall comply with 47 U.S.C. § 544(g) and all regulations issued pursuant thereto with respect to an emergency alert system (“EAS”). If a grantee provides an EAS, then the city shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the grantee’s cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system. The city shall hold the grantee, its employees, officers and assigns harmless from any claims or costs arising out of use of the EAS, including, but not limited to, reasonable attorney’s fees and costs.
(Ord. 711, passed 2-11-2019)