BROAD CATEGORIES OF PROGRAMS AND SERVICES

§ 123.270 PROVISION OF BROAD PROGRAMMING.

   Consistent with federal law, a grantee shall provide or enable the provision of at least the following broad categories of programming to the extent the categories are reasonably available on commercially reasonable terms:

   (a)   Local news, weather and information;

   (b)   Educational programming;

   (c)   Sports;

   (d)   General entertainment (including movies);

   (e)   Children/family-oriented;

   (f)   Arts, culture and performing arts;

   (g)   Food;

   (h)   Foreign language based on population;

   (i)   Science/documentary;

   (j)   National, state and local government affairs;

   (k)   Access programming, as provided by a franchise;

   (l)   Program channel guide; and

   (m)   National news, weather and information

(1992 Code, § 44-63) (Ord. 104-09, passed 11-16-2009)

PERIODIC EVALUATION

§ 123.285 PERIODIC EVALUATIONS.

   (a)   The field of video communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of a franchise.

   (b)   Therefore, in order to provide for a maximum degree of flexibility in this chapter and a franchise, and to help achieve continued advanced and modern systems serving the city that meet the needs of the city, the following evaluation provisions shall apply.

      (1)   Subject to the provisions of this section and upon 30 days’ written notice to a grantee, the city may require an evaluation session. The evaluation session may occur no sooner than the fifth anniversary date of a grantee’s franchise. The evaluation shall determine if it is appropriate to amend this chapter and/or a franchise to address developments in the field of video communications that may have taken place over the course of time. Any proposed amendment of the franchise under this section shall be based upon the reasonable cable needs and related needs and interests of the city and subscribers and take into consideration the costs to a grantee of meeting those needs and interests. The city and a grantee shall negotiate amendments to the franchise in good faith.

      (2)   All evaluation sessions shall be open to the public and notice of sessions published in the same way as the city publishes other legal notices.

      (3)   Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, a grantee’s performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this chapter and a franchise, judicial rulings, FCC rulings, line extension policies and any other topics city and a grantee deem relevant.

      (4)   Notwithstanding any provisions of this section, the city and a grantee may at any time amend the franchise by mutual consent.

(1992 Code, § 44-64) (Ord. 104-09, passed 11-16-2009)

REGULATION BY THE CITY

§ 123.300 CITY MAY DELEGATE RESPONSIBILITIES.

   The city may delegate its obligations and duties under this chapter and a franchise to any elected official, officer, employee, department, agent or board of the city to the extent permitted by law, and a grantee shall recognize the authority of any delegate, provided, however, that the city council shall retain the sole authority to take enforcement action pursuant to this chapter and a franchise. The city shall provide a grantee with written notices of any delegation or transfer of functions.

(1992 Code, § 44-65) (Ord. 104-09, passed 11-16-2009)

§ 123.301 INSPECTION BY CITY.

   The city may inspect all construction or installation work performed pursuant to a franchise granted under this chapter in order to ensure compliance with the terms of the franchise grant, as well as all applicable statutes and ordinances.

(1992 Code, § 44-66) (Ord. 104-09, passed 11-16-2009)