Within a service area, services provided by a franchisee through its cable television system upon both the subscriber and institutional networks shall be offered uniformly upon nondiscriminatory terms to subscribers and users, and shall not differ based upon geographical location. The nature, extent and volume of services offered within a proposed service area and, except as provided by Section 5.28.1030 and 5.28.1040 of this chapter, outside of a service area, may differ from those offered within an imposed service area, and may differ from one proposed service area to another. Each application for a franchise shall describe in detail the manner, if at all, the nature, extent or volume of services offered within proposed service areas will differ from those offered within an imposed service area, and the manner, if at all, the nature, extent or volume of services offered will differ from one proposed service area to another.
A. Each application for a franchisee shall contain schedules of all home educational and entertainment programming proposed to be shown on either the subscriber network or institutional network within each service area throughout the term of the franchise. The applications shall show for each service area:
1. All tiers of service, basic service being the lowest tier;
2. The number of channels within each tier of service offered at the subscription rate applicable to the tier, together with an identification of the tier placement of any channels allocated pursuant to Section 5.28.850, the second main paragraph in Section 5.28.860, and Sections 5.28.880 and 5.28.890 of this chapter;
3. A description of all programming from satellite and other sources to be offered on each such channel within each tier of service (including program descriptions) within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter;
4. A statement of the minimum number of hours per day and week programs or types of programming described in subsection (B)(3) of this section will be shown within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter;
5. A statement of the minimum number of hours per day and week each channel within each tier of service will contain home educational and entertainment programming which has not previously been broadcast within the Sacramento community; and
6. A statement of all premium services to be offered within each tier of service, together with program descriptions of each such service, and the minimum number of hours per day and week each such service will be available within each tier of service within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter.
The provisions of subsections (B)(3), (4) and (6) of this section shall not be applicable to channels described by subsections (1)(a) through (e) of the definition of "basic service" in Section 5.28.020 of this chapter.
B. Each application for a franchise shall also contain a description of such nonentertainment services (whether or not of an interactive nature) as the applicant offers to provide on either the subscriber network or institutional network within each service area throughout the term of the franchise. For each such service, applications shall show:
1. The nature, scope and extent of each service;
2. For each service, any restrictions relating to the geographical location of delivery, and the class of customer or recipient of service;
3. Schedules of all rates and charges under which each service will be offered to customers or recipients;
4. The names and addresses for each service of the proposed provider or providers of the service, together with a copy of the contract or other legal instrument between the franchisee and the provider(s); and
5. Such other information by amendment to the application as may be required during the public hearing referred to below.
During the public hearings prior to tentative selection of a franchisee conducted pursuant to Sections 5.28.390 and 5.28.410 of this chapter, the governing bodies of the county and municipality of Sacramento respecting the initial CATV franchise, and the board of directors of the cable television commission respecting any other franchise, may, in their sole discretion, determine which, if any, such nonentertainment services shown in each application the applicant, if selected as the franchisee, would be vested with a contractual right and duty to perform throughout the term of the franchise. Any such identification may be accompanied by such conditions as are determined to be appropriate, including, but not limited to, conditions relating to the nature and extent of service provided, the terms and conditions of provision, and opportunities for use of the cable television system by others, including the circumstances under which leased access for such purposes will be provided. Any services so identified, together with the conditions thereof, shall be prescribed in the resolution offering the franchise to the extent they appear in the application filed by the franchisee. (Prior code § 20.06.504)