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(a) In addition to satisfying such additional or stricter conditions as the city finds necessary based on its investigations, the following elements shall be required, subject to the requirements of 47 U.S.C. § 546, in the case of every franchisee serving more than 1000 subscribers:
(1) Each franchisee shall provide a cable system that uses at least two-way 750 MHz equipment of high quality and reliability.
(2) Each franchisee shall install and activate the return portion of the cable system in the sub-low transmission frequency (split) spectrum of 5 MHz to 30 or 40 MHz.
(b) A franchisee shall provide a minimum of five channels for PEG access to each subscriber.
(1) Each franchisee shall install, maintain, and replace as necessary, a dedicated, bi-directional fiber optic link between its headend and a location designated by the city as the primary access center. Each franchisee shall install, maintain, and replace activated two-way cable plant and all headend, cable plant, and node equipment required to make it operable so that the city, schools, and all designated PEG access centers and access facilities located within the franchise area will be able to send and receive signals (video, audio, and data) using the activated two-way cable plant. Each franchisee shall ensure that technically adequate signal quality, routing systems, and switching and/or processing equipment are initially and continuously provided for all access interconnections both within the franchisee's cable system and with other cable communications systems throughout the duration of its franchise.
(2) In the event a franchisee makes any change in the cable system and related equipment and facilities or in the franchisee's signal delivery technology which directly or indirectly substantially affects the signal quality or transmission of access programming, the franchisee shall at its expense take necessary steps or provide necessary technical assistance, including, but not limited to, the acquisition of all necessary equipment, to ensure that the capabilities of access programmers are not diminished or adversely affected by such change.
(3) A franchisee shall maintain all access channels (both upstream channels and downstream channels) and all interconnections of access channels at the same level of technical quality and reliability as the best commercial channels carried on the system.
(c) Every franchisee shall provide service in its 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 such extension or installation may be unduly expensive. Service shall be provided within the time limits specified in Section 2.10.270(d).
(d) Except as a franchise provides otherwise, service must be extended upon request to any person or to any government building in a franchisee's franchise area: (i) within seven days of the request, where service can be provided by activating or installing a drop of 125 feet or less; (ii) within thirty days of the request, where service can be provided by activating a drop of a length in excess of 125 feet, but not exceeding one-quarter mile; (iii) within ninety days of the request, where an extension of one-quarter mile to one-half mile is required; or (iv) within six months where an extension of more than one-half mile is required.
(e) A cable system within the city shall meet or exceed the technical standards set forth in 47 C.F.R. § 76.601 and any other applicable technical standards.
(f) Each franchisee shall perform at its expense such tests as may be necessary to show whether or not the franchisee is in compliance with its obligations under applicable FCC standards, this chapter or a franchise.
(g) Upon request of the city, every cable system shall be required to interconnect with every other cable communications system within the city on fair and reasonable terms for purposes of providing PEG and institutional network services.
(h) 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 of time 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. 4636 § 23, 2000)