(A) Unless prohibited by applicable law, the following minimum requirements for facilities and services apply to all franchisees operating a cable system within the city. The city may require in a franchise agreement that a franchisee exceed these minimum requirements including, but not limited to, compliance with state-of-the-art obligations incorporated within a franchise agreement, where it determines, under circumstances existing at the time of the application, that the additional requirements are necessary to meet the city's future cable related needs and interests or to serve the public interest.
(1) Any cable system lawfully providing service to subscribers within the city as of the effective date hereof shall have a minimum channel capacity of 72 active channels no later than 2 years from the effective date of this subchapter.
(2) No later than the fifth anniversary of the effective date hereof any such franchisee shall reach agreement with the city to upgrade or rebuild its system to comply with the state of the art, as defined in § 112.03, and the terms and conditions of a franchise agreement. The upgrade or rebuild shall be completed by the deadline established in such agreement.
(3) As an alternative to division (1) above, any franchisee providing cable service to subscribers within the city as of the effective date hereof may elect to upgrade or rebuild the system to 750 MHz within 18 months of the grant of the franchise, and shall reach agreement with the city no later than the fifth anniversary of the completion of the said upgrade or rebuild of the system to upgrade or rebuild the system to comply with state of the art, as defined in § 112.03, and with the terms and conditions of a franchise agreement.
(B) A franchisee shall provide access channels, facilities and other support for public, educational and/or governmental use as required in a franchise agreement and this subchapter. A franchisee shall provide access channels dedicated to the exclusive use of the city and such other support for public, educational and/or governmental use as required in a franchise agreement.
(C) A cable system shall provide commercial leased channels as required by law.
(D) The franchisee located closest to every local government building, public school (K-12), private school (K-12), and public library shall, upon request, provide at least one cable service outlet and to each floor of the aforementioned buildings within 200 feet of its cable system within its franchise area at no cost to the city or school involved, and shall charge no more than its time and material costs for any additional outlets to such facilities. Cable service and on-line access may be provided to certain local government buildings via alternate means, as set forth in a franchise agreement.
(E) At a minimum, the franchisee will provide a free modem and free unlimited cable internet service to one computer in all connected schools within a year after the franchisee makes personal computer-based internet access service via cable commercially available to any residential subscribers within the city. At a minimum, basic and enhanced basic service and service offered on migrated and new product tiers will be provided to all connected public and private schools free of charge. The franchisee will provide a free monthly educational program listing to each connected school to the extent such program listing is available. The franchisee will sponsor local workshops on use of the cable modem service.
(F) A franchisee shall design its system to allow the city to interrupt cable service in an emergency to deliver necessary information to subscribers consistent with FCC rules.
(G) A franchisee shall make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired, to the extent not inconsistent with FCC regulations. A franchisee may impose a reasonable charge for such equipment.
(H) Standard installation shall consist of a drop, not exceeding 125 feet, from the cable plant to the nearest entry point of a subscriber's residence or commercial building. A franchisee may charge for subscriber drops in excess of 125 feet according to the franchisee's rate schedule.
(I) (1) All cable systems and open video systems operating in the city shall be required to interconnect with every other cable or open video system within the city on fair and reasonable terms for the purpose of allowing subscribers to view access channels and for the city to utilize services provided over an institutional network.
(2) Applications for initial or renewed franchises shall include a plan for interconnection of the cable system or OVS to any or all other cable systems or open video systems operating within the city. Franchisees may apply to the city for relief from the requirement for interconnection.
(J) (1) Applications for an initial or renewed franchise may, and at the city's request shall, include a plan for the provision of an institutional network interconnecting city facilities, educational institutions, and/or other public facilities.
(2) The city will determine the technical specifications of the I-NET as may be negotiated.
(3) At a minimum, the I-NET will have the capability of transmitting voice, video and data signals between facilities connected to the I-NET.
(K) A franchise agreement may specify the construction schedule that will apply to any required construction, upgrade or rebuild. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required, as well as for liquidated damages if the schedule is not met.
(Ord. 1406, passed 5-15-02)