4.1 Programming Services: Company shall include in the video programming it offers subscribers the following:
4.1.1 All local television stations including public educational television stations subject to Federal Must Carry and Retransmission laws, rules and regulations.
4.1.2 In the non-premium, non-pay TV service offered by Company, for each of the following broad categories of programming, at least one (1) channel twenty (20) hours or more of whose daily programming (to the extent available) is in the category in question:
4.1.2.1 4.1.3 National and local weather programming
4.1.2.2 4.1.4 News programming
4.1.2.3 4.1.5 Public affairs programming
4.1.2.4 4.1.6 Sports programming
4.1.2.5 4.1.7 Children and family entertainment programming
4.1.2.6 4.1.8 Programming oriented especially to minority residents
4.1.2.7 4.1.9 Federal government proceedings.
4.1.2.8 4.1.10 PEG channels as defined under Section 6.1
4.2 Cable System Description: Company's cable System shall conform to the design requirements set forth on Exhibit A.
4.3 Service Provided: Cable Service shall at all times include at least twenty five (25) activated channels of programming
4.4 Access to Service: Company shall not deny service, deny access, or otherwise discriminate on the availability or rates, terms or conditions of Cable Services provided to actual or potential subscribers on the basis of race, color, creed, religion, ancestry, national origin, sex, disability, age, marital status with regard to public assistance, income level, or other demographics. Company shall comply at all times with all applicable Federal, state and local laws and regulations relating to nondiscrimination.
4.5 Service/Line Extension for Existing and New Developments:
4.5.1 No line extension charge or comparable charge shall be imposed on any current or potential subscriber for extensions of the Cable Television System whenever the Company receives requests for service by a potential subscriber and there are at least five (5) dwelling units within One Thousand Three Hundred Twenty (1,320) cable bearing strand feet (one quarter mile) of Company's trunk or distribution cable, and Company shall extend its Cable System to such potential subscriber(s) at no cost to said potential subscriber(s). The preceding figures shall be pro-rated upward or downward for distances more or less than One Thousand Three Hundred Twenty (1,320) feet. The One Thousand Three Hundred Twenty (1,320) feet distance or any multiple or fraction thereof shall be measured in extension length of Company's trunk and feeder cable required for service which is located within the Public Ways or an existing available easement.
4.5.2 A potential subscriber located beyond the area where the Cable System is extended free of charge under the preceding provisions may obtain service by making a one time contribution in aid to construction to extend the Cable System to reach the potential subscribers home, less a credit of the amount that the company would have expended to extend cable up to 264 feet had normal density levels been met. Example set forth in Exhibit B.
4.5.3 The preceding shall apply whether the Cable System would be located in Public Ways or in private ways/easements.
4.6 Drops: Company's standard installation charge shall include a one hundred fifty (150) foot drop from the Cable System, such that current or potential subscribers shall only be charged for a Drop to the extent the Drop serving them exceeds on hundred fifty (150) feet, measured from the tap on the distribution portion of the Cable System to the subscriber's premises. Whenever possible Drops shall be made from a pole, not from mid-span.
4.6.1 Upon the termination of service, Company shall either entirely remove its Drop or secure the Drop according to industry standards.
4.7 Free Service: Company shall provide without any installation charge or monthly charge one free Cable system outlet in each public building or facility; in each building used by a state-accredited public, private, charter and parochial K-12 school and shall allow City and each such school without additional charge, to extend such service to some or all rooms, classrooms and auditoriums (so long as FCC signal leakage standards are met). None of the preceding entities shall be charged any fee during the Term of this Franchise Agreement for any basic or expanded basic channels, excluding premium channels (such as HBO or Showtime) or pay per view channels.
4.7.1 A list of public building and schools within the Authorized Area meeting the preceding description as the Effective Date of this Franchise Agreement is set forth on Exhibit C.
4.7.2 In addition, One (1) service outlets to the City Administration unless otherwise specified by City shall receive without charge all programming (and any other services) provided by Company whether of a premium or other nature. Such service shall be provided in such a manner that City may monitor the programming and use of the Cable System for compliance with this Franchise Agreement, the Cable Ordinance, FCC Technical Standards, and other applicable law. The services provided according to the preceding sentence shall be in an office location and not in a location conducive to public viewing.
4.7.3 In addition, within six (6) months of the execution of this agreement, Company without charge shall provide a cable service connection to a location where cable is available upon request of the City. The City may designate additional locations in the future and Company shall have a reasonable time to install such wiring and outlets. The facilities must be City owned or leased and meet normal cable density requirements.
4.7.4 Company shall not charge for the installation of service pursuant to this section except to the extent that its cost for the initial installation exceeds Five Hundred Dollars ($500). None of the preceding locations shall be charged any fee during the Term of this Franchise Agreement for any channels or programming, excluding premium channels (such as HBO or Showtime) or pay per view channel.
4.7.5 RESERVED
4.7.6 Except as provided in this Franchise Agreement, Company shall not provide free or discounted service to elected or appointed officials of City or to City's employees, agents or officers. The term "free or discounted service" shall mean any service on terms and conditions other than those available to residents of City generally.
4.8 Continuity of Service/Outages: Throughout the Term Company shall operate the Cable System and provide Cable Service twenty-four (24) hours per day, seven (7) days per week. Company shall voluntarily interrupt the provision of Cable Service only with good cause and for the shortest time possible and, except in emergency situations (or as otherwise provided herein), only after periodic cable-casting notice of significant service interruption, including at the same time of day as the anticipated interruption. Service may be interrupted between12:00 midnight and 6:00 A.M. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday, or Sunday, or the night preceding a holiday.
4.8.1 The City shall be notified in advance of (a) all significant scheduled outages involving the Cable System, (b) all Significant Service Interruptions within Company's control, and (c) all significant interruptions in the delivery of PEG Channel programming.
4.9 Emergency Alert System: Company shall provide without charge to City an emergency alert system ("Emergency Alert System") consisting of the following:
4.9.1 An Emergency Alert System ("EAS") or successor to that system complying with all requirements imposed from time to time by the FCC including without limitation the requirement currently set forth in the FCC regulations that a cable television systems transmit a visual EAS message on at least one channel and that cable systems also provide video interruption and audio EAS message on all channels with video further stating which channel is carrying the visual message. Company shall transmit on the EAS system Federal, state and local EAS messages. In establishing its EAS system, Company shall, in accordance with FCC or other applicable regulations, cooperate with City on the use and operation by City of the Emergency Alert System.
4.10 System Reliability: Upon completion of system construction, Company shall meet or exceed a 99% standard for system reliability as measured on a six (6) month rolling average. Until completion of the system construction, Company shall meet or exceed 99.0% standard. Company shall submit a quarterly report of Cable System reliability. Each report shall report the actual system reliability for the six (6) month period in question based on the following formula:
4.10.1 [(Total Subscriber Minutes- Total Subscriber Outage Minutes)/Total Subscriber Minutes]= System Reliability
4.10.2 Total Subscriber Minutes equals the total subscribers served by Company at mid-month multiplied by 1440 multiplied by the number of days in the month. Total Subscriber Outage Minutes equals the sum of the number of subscribers affected in each separate outage multiplied by the total down time in minutes for such outages.