It is the intent of the city that the cable system provide the broadest range of services possible. In this regard, the requirements stated in this section are intended only as minimum specifications for the system and final determination of system design for licensees will be made through the initial licensing or renewal process. The city may increase or otherwise alter the requirements in an RFP for a license. Applicants are strongly encouraged to offer the city, through the proposal process, the broadest range of services, facilities, equipment, technical assistance and other related considerations as technologically and economically feasible. Neither the specifications of the minimums in subsections (1) through (7) nor the final terms of a license agreement shall be interpreted to waive any rights or obligations of the licensee or the city under 47 U.S.C. § 546.
(1) Channel capacity. The licensee shall construct, at a minimum, a system that provides a minimum capacity of 550 MHz and that is designed in a way so that it can deliver the channels in manner reasonably responsive to customer demand. The system shall be designed so that the number of channels may be increased as supply and demand for additional channel utilization exceeds the number initially activated and so that the capacity of the cable system may be increased without substantial reconstruction of the cable system.
(2) System configuration. The licensee shall design and construct the system in such a manner as to provide maximum utilization flexibility for both subscribers and users.
(3) Emergency override. Except as inconsistent with FCC regulations, the system shall include an emergency alert capability which shall permit the mayor or the mayor's designate to override the audio on all television channels and FM signals simultaneously, in the case of public emergencies as determined by the mayor. The licensee shall also designate a video channel which will be used for emergency broadcasts, which designation shall be included in the license agreement.
(4) Standby power. The licensee shall maintain in constant readiness equipment capable of providing standby power for the cable system as consistent with sound engineering practices given the licensee's system design.
(a) Such equipment shall be constructed so as to revert automatically to a standby mode when alternating current power returns.
(b) Licensee shall comply with all utility and other safety regulations to prevent the alternate power supply from powering a "dead" utility line so as to prevent injury to any person.
(5) Two-way capability. Maximum two-way interactive service capability as reasonably justified in light of the needs and interests of the community and the costs thereof, considering projected advances in technology shall be designed into the system at its inception.
(6) PEG channels. In addition to the other services proposed by applicants, the city shall place significant emphasis on the provision of PEG channels, facilities and related considerations. Such areas include but are not limited to the following: channel(s) for government usage, educational usage (public and nonprofit schools, colleges and universities), public access, and local origination. Applicants are strongly encouraged to investigate the needs and desires of potential users and to offer such community services as are technologically and economically feasible. Both internal institutional communications and connection to subscribers is encouraged where appropriate. In this regard, applicants should also consider and respond to the request for proposals in the area relating to institutional networks.
The licensee shall not take any actions that would discourage or prevent maximum utilization of all PEG channels provided, and shall cooperate with the city and managers of PEG channels to ensure that subscribers are aware of the channels, can access them easily, and, to the extent that a licensee (or some entity acting on a licensee's behalf) is involved in publicizing licensee's other channels or channel schedules, that the PEG channels and channel schedules are similarly publicized.
(7) Facilities and management. In regard to the community service provisions referred to in this section, applicants are strongly encouraged to consider and provide studio facilities, production equipment, technical assistance and other facilities and equipment to enable the city and its residents to fully utilize the system as not only an entertainment medium, but as an intracommunity communications and education medium. Such services, facilities, production equipment, origination points, hours of availability where appropriate, costs and all other necessary information relating to community service shall be as proposed by applicants and as provided for in the license agreement. Specific operational details and responsibilities, including the city's right to designate management organizations to operate various community service channels and facilities (a right specifically reserved herein by the city), shall be provided for in the license agreement and a separate agreement between the licensee, the city and any management organizations designated by the city for this purpose.
(8) Public use connections. At a minimum, the licensee shall offer to provide, without charge, one (1) outlet of services to a conveniently accessible point in each public, private and parochial school, nonprofit college and university and each fire station, police station, public library branch, city neighborhood community center, public park and such other facilities used for municipal purposes as may be designated by the city. A license agreement may specify the particular conditions under which the outlets will be provided.
(9) Institutional network. Each licensee either shall provide an institutional network for educational and government use, or shall provide an appropriate contribution for construction of an institutional network, which contribution shall be specified in the license agreement.
(10) Reception. The system shall be capable of and shall produce a picture upon any subscriber's television receiver in black and white or color that is undistorted and free from ghost images, is without noticeable picture degradation or other forms of interference attributable to the performance of the system, and accompanied by undistorted sound. This requires that equipment be installed at the headend to allow the licensee to receive or cablecast signals in substantially the form received, without substantial alteration or deterioration (for example, the headend should include equipment that will transmit color video signals received at the headend in color). Equipment must be installed so that all closed captioning programming received by the cable system shall include the closed caption signal so long as the closed captioned signal is provided consistent with FCC standards. Equipment must be installed so that all local signals received in stereo or with secondary audio tracks (broadcast and PEG) are retransmitted in those same formats. In the case of AM/FM radio transmission, the above specifications, where applicable, shall apply.
(Ord. No. 8937, § 2, 9-2-97)