(A) The grantee shall maintain and operate its broadband telecommunications network in accordance with the rules and regulations that are incorporated herein or may be promulgated by the Federal Communications Commission or the city.
(B) The grantee shall provide a network having a minimum initial capacity of 20 channels with 2-way, data grade, capability. Whenever a reverse or feedback circuit is routed through a subscriber's premises, it shall be connected to permit subscriber notification and deactivation. Because total bi-directional capacity is of a great deal of interest to the city, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated 2-way capabilities than the minimums set forth herein in their application for a franchise, which application shall be incorporated herein by reference.
(C) The grantee shall provide at least 1 dedicated, noncommercial public access channel and associated production equipment to be made available to the public at all times on a nondiscriminatory basis. Because the total number of public access channels is of a great deal of interest to the city, applicants for a franchise hereunder may propose a greater number of channels than the minimum set forth herein in their application for a franchise, which application shall be incorporated herein by reference.
(D) The grantee shall, in addition to division (C), provide 2 additional channels and associated production equipment, 1 for educational use and 1 for use by the city. For the first 5 years from the date these channels are made available, there shall be no charge made to their users by the grantee, and thereafter only in accordance with the schedule of charges filed and maintained with the Clerk of Council. Because both educational and municipal channel availability is of a great deal of interest to the city, applicants for a franchise hereunder may indicate a greater number of dedicated channels for this purpose than the minimum set forth herein in their application for a franchise hereunder, which application shall be incorporated herein by reference.
(E) The grantee shall not be responsible for the production costs of programs prepared for transmission, other than for brief live studio presentations not exceeding 5 minutes, over the channels set forth in divisions (C) and (D) other than as he or she may indicate his or her willingness to do so in his or her application for a franchise hereunder, which application shall be incorporated herein by reference.
(F) The grantee shall carry to the extent permitted by the Federal Communications Commission, and shall exercise his or her best efforts to obtain permission from that agency to carry, at least the following television signals:
(1)
Channel Number | Station Call Letters | Location | Served |
Channel Number | Station Call Letters | Location | Served |
15 | WANE-TV | Fort Wayne | CBS |
21 | WPTA | Fort Wayne | ABC |
33 | WKJG-TV | Fort Wayne | NBC |
35 | WLIO | Lima | NBC & ABC |
19 | WXIX-TV | Cincinnati-Newport | Ind. |
4 | WTTV | Indianapolis | Ind. |
34 | WOSU-TV | Columbus | ETV |
70 | WGSU-TV | Bowling Green | ETV |
(2) Time and weather 24-hour per day channel;
(3) Other noncommercial educational channels that are operated by an agency of the State and television stations that broadcast predominately in a non-English language.
(G) In addition to the television signals set forth in division (F) the grantee shall carry a minimum of five FM radio stations, including WERT-FM.
(H) Whereas local programming is of interest to the city, voluntary efforts to provide a local origination programming channel and the amount of time therefor will be considered in awarding the franchise. In addition, the system shall be equipped with an all channel, emergency alert system.
(I) The grantee, whenever it is necessary to interrupt service over the broadband telecommunications network for the purpose of network maintenance, alteration, or repair, shall do so at a time that will cause the least amount of inconvenience to his or her subscribers and, unless the interruption is unforeseen and immediately necessary, he or she shall give reasonable notice thereof to the affected subscribers.
(J) The grantee shall maintain an office and studio within the city limits which shall be open during all usual business hours, have a listed telephone number, and be operated so that complaints and requests for repairs or adjustments may be received at any time.
(K) The grantee shall provide same day service response 7 days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed 24-hours.
(L) Upon failing to correct a service deficiency within 24 hours, the grantee shall rebate 1/30 of the monthly charge for basic service and additional service to each subscriber for each 24 hours or fraction thereof after the first 24 hours following report of loss of service to the grantee, except to the extent that restoration of service is prevented by strike, injunction, or other cause beyond the control of the grantee. The grantee shall maintain a log, which shall be filed annually with the city, as set forth in § 111.20, of the reports and of the time of restoration of service.
(M) Because the obtaining of Ohio state news is of great interest to the citizens of Van Wert, within 12 months after the broadband telecommunications network is substantially completed, as defined in § 111.01, the grantee must file a waiver request to the FCC for the importing of 1 or more network broadcast television stations from Columbus, Ohio.
(1981 Code, § 111.13) (Ord. 5055-73, passed 5-14-1973)