A. The provisions of a franchise agreement for the operation of a cable television system may relate to or include without limitation the following subject matters:
(1) The geographical area, duration, and nonexclusive nature of the franchise.
(2) The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment.
(3) Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system.
(4) Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices.
(5) Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances as determined by the City to secure the performance of the Grantee's obligations under the franchise agreement.
(6) Requirements relating to liability insurance, workers' compensation insurance, and indemnification.
(7) Requirements relating to consumer protection and customer service standards, including the resolution of subscriber complaints and disputes and the protection of subscribers' privacy rights, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth below in Section 14.08.23.
(8) Requirements relating to the Grantee's support of local cable usage, including the provision of public, educational, or governmental access channels, the coverage of public meetings and special events, interconnection requirements, and financial support for the required access channel facilities and activities that is consistent with this Title.
(9) Requirements relating to construction, operation, and maintenance of the cable system within the public rights-of-way, including compliance with all applicable building codes and permit requirements, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards.
(10) Requirements relating to record keeping, accounting procedures, reporting, periodic audits, performance reviews, and the inspection of Grantee's books and records.
(11) Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for those breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation and termination.
(12) Requirements relating to the sale, assignment, or other transfer or change in control of the franchise.
(13) Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system.
(14) Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of the City, best serve the public interest and protect the public health, welfare, and safety.
B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the Mayor and City Council and provisions of this Section 14.08.17, the provisions of the franchise agreement will control.
(Ord. MC-1484, 4-18-18)