(a) The following frequencies shall be set aside:
(1) 11.75 to 17.75 megahertz, upstream data and audio channels for governmental use during emergencies and disasters declared by the Administrator and otherwise, as public, governmental, institutional and educational access channels.
(2) 180 to 186 megahertz, downstream community information channel for public access when not pre-empted for governmental use during emergencies and disasters declared by the Administrator and otherwise, as public, governmental, institutional and educational access channels.
A. Except during an emergency or disaster, at least fifty percent (50%) of prime viewing time (8:00 p.m. to 10:59 p.m.) and at least fifty percent (50%) of other viewing time shall be made available for public access when requested and on a first-come, nondiscriminatory basis.
B. Subscribers to basic cable communications service shall receive these frequencies on VHF Channel eight when using a standard television receiver. All converters now in use or coming on line shall provide a conversion of these frequencies to Channel eight on the basic service schedule.
(Ord. 1-81. Passed 1-12-81; Ord. 14-2021. Passed 6-14-21.)
(b) Two additional six MHz downstream channels shall be allocated for governmental services during emergencies and disasters declared by the Administrator and otherwise, as public, governmental, institutional and educational access channels. The cable operator may use these frequencies and those set aside in subsection (a) hereof unless pre-empted for such uses as determined by the Administrator.
(c) Except for the governmental channel designated in subsection (a)(2) hereof, which must be provided as a part of basic service, the operator shall not have to provide the other mandated frequencies designated in subsections (a)(1) and (b) hereof, to his system's subscribers until he provides ancillary services, although the channels must be allocated for other governmental use during emergencies and disasters declared by the Administrator and otherwise, as public, governmental, institutional and educational access channels.
(d) The operator shall establish rules for public access programming and file same with the Administrator. These rules shall be available for public inspection and shall provide for:
(1) Public access on a first-come, nondiscriminatory basis for any individual or group.
(2) A record of the names and addresses of all persons or groups requesting access time. Such a record shall be open to public inspection and shall be retained for a period of two years from such request.
(3) A schedule of charges for equipment, personnel and production of public access programming. Charges shall be reasonable and consistent with the goal of affording users a low cost means of television access. However, there shall be no charge for a five minute live program and no charge for telecasting a tape of up to thirty minutes in length.
(4) The operator shall have no control over the content of access programs other than the prohibition of:
A. Any advertising material designed to promote the sale of commercial products or services;
B. Lottery information; and
C. Legally obscene matter as defined by Federal, State or Municipal law.
(5) The right of the operator to schedule at any appropriate time access programming which, although not obscene, may be unsuitable for children and to inform subscribers of the nature of any such program at least seven days prior to and again immediately prior to its broadcast.
(Ord. 5-80. Passed 5-12-80; Ord. 14-2021. Passed 6-14-21.)