A. Premises served. As of a date specified in its franchise agreement, each licensee's cable system shall have been designed and be capable of providing cable or video service throughout the authorized area. Throughout the term of the applicable franchise agreement and as the boundaries of the authorized area may change, each licensee shall extend its system and provide service consistent with the provisions of this article and the applicable franchise agreement.
B. Cable or video service to new developments. Each licensee shall install its system (excluding only drops to individual dwelling units) in all new residential subdivisions and developments, as those terms are defined in the subdivision code. Said installation shall be undertaken contemporaneously with the installation of electric or telephone facilities in such subdivision or development unless the licensee is not timely notified of the subdivision or development. After system installation, licensees shall be capable of providing cable or video service to any dwelling unit in such subdivision or development.
C. Programming services.
Licensees agree to provide, at a minimum, cable programming services in the following broad categories:
Children's programming | Sports programming |
Family oriented | Ethnic/minority |
Educational programming | Arts, culture and performing arts |
News and information | General entertainment |
Weather |
D. Service provided. Cable service shall conform to the following specifications:
1. At least eighty-five (85) activated downstream channels of programming regardless of the method of delivery;
2. All subscribers shall have the option of obtaining basic service which is defined in the act (47 U.S.C. § 543(b)(7)) as follows:
a. Those television stations, if any, required by the rules and regulations of the FCC in effect from time to time;
b. All PEG channels provided for in this chapter and/or the applicable franchise agreement;
c. Such additional channels, if any, as may be from time to time required by federal law; and
d. At a licensee's option, additional channels selected by the licensee.
3. Other than PEG programming governed by the applicable franchise agreement, a licensee shall not include in the cable service it offers subscribers any program or service which has been determined to not be protected by the First Amendment to the U.S. Constitution.
E. Access to service. Licensees shall provide services in a non-discriminatory manner and at all times comply with applicable federal, state, and local laws and regulations relating to non-discrimination.
F. Drops.
1. Installation. Licensees' standard installation charges shall include a one hundred twenty-five (125) foot drop from the cable system, such that current or potential subscribers may be assessed an additional charge to the extent the drop serving them exceeds one hundred twenty-five (125) feet, measured from the tap on the distribution portion of the cable system to the subscriber's premises.
2. Location of drops. Whenever technically possible, licensees shall meet each subscriber's desire regarding the point at which the drop enters the subscriber's residence or other structure, and the point at which the drop terminates inside the structure. Drops shall be placed underground whenever other utilities are located underground. All underground drops shall be buried at a minimum depth of nine (9) inches. All cable within buildings and all drops outside buildings shall be located to be as unobstructive and unobtrusive as possible.
3. Removal upon termination. Upon the termination of service, each licensee shall either entirely remove its drop or secure the drop in a method reasonably acceptable to the Village.
G. Free service.
1. General. Licensees shall provide and maintain without charge one standard video service connection activated for standard cable service (“standard installation”) to a non-public area of each non-residential, local government building and school, as well as to any Village owned or leased facility newly constructed or acquired within the authorized area during the term of the licensee's franchise agreement. If any such institution declines such installation, the institution shall retain the right to request such installation at any time during the term of the franchise agreement.
2. In the event that the existing cable plant must be extended beyond one hundred twenty-five (125) feet, the local institution shall be solely responsible for the costs of such extension.
H. Continuity of service. Each licensee shall operate its cable system and provide cable service twenty-four (24) hours per day, seven (7) days per week. Licensees shall voluntarily interrupt the provision of cable service only with good cause and for the shortest time possible and, except in emergency situations (or as otherwise provided in this chapter), only after periodic cablecasting notice of service interruption, including at the same time of day as the anticipated interruption. Service may be interrupted between 12:00 midnight and 6:00 am for routine testing, maintenance and repair, without notification, any night except Friday, Saturday, or Sunday, or the night preceding a holiday.
I. Backup power. Licensees shall install an electric generator which starts automatically in the event of loss of conventional power to provide electric service to the cable system head-end and associated equipment in the event of a power failure. Licensees shall provide for backup power at all locations on the cable system in the public ways where the loss of electric power might disrupt the provision of service within the Village such that the cable system shall operate for at least four (4) hours even if electric service from conventional utility lines is interrupted.
J. Emergency alert system.
1. Consistent with the provisions of FCC Regulations Part 11, subpart D, Section 11.51(h)(1), 47 C.F.R. § 11.51(h)(1), and as such regulations may from time to time be amended, licensees shall install and maintain an emergency alert system (EAS) for use in transmitting emergency act notifications (EAN) and emergency act terminations (EAT) in local and state-wide situations as may be designated to be an emergency by the local primary (LP), the state primary (SP) and/or the state emergency operations center (SEOC), as those authorities are identified and defined within such regulation.
2. The Village shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of a licensee's cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system. Except to the extent expressly prohibited by law, the Village shall hold licensees, their employees, officers, and assigns harmless from any claims arising out of the emergency use of its facilities by the Village, including, but not limited to, reasonable attorneys' fees and costs.
K. State-of-the-art. Each licensee agrees that it shall deploy new cable services on the cable system that are comparable to the cable services commercially deployed by the licensee in the areas served by the same headend that serves the cable system in the authorized area. Such cable services shall be deployed on the cable system within thirty-six (36) months of the Village's written demand, unless the licensee reasonably determines that such deployment would not be economically or technically feasible and notifies the Village of the basis for that determination within eighteen (18) months of the Village's notice. Nothing in this section shall be construed to require a licensee to employ any specific transmission technology, nor require a licensee to implement a technology or service that can be shown to be financially infeasible to implement given various factors, including the remaining term of the franchise agreement.
L. Performance evaluation sessions. Upon sixty (60) days' written notice, the Village can convene a meeting or public review session with a licensee for the purposes of discussing the technology and performance of the licensee's system.
1. Public sessions. All evaluation sessions shall be open to the public and shall be advertised in a newspaper of general circulation within Village at least ten (10) days prior to each session.
2. Subjects at sessions. Topics which may be discussed at any scheduled or special evaluation session may include the licensee's performance in various areas, including, without limitation, cable service rate structures; franchise fees; liquidated damages; free or discounted services; application of new technologies; system performance; services provided; programming offered; subscriber, user and community complaints; privacy; amendments to the cable ordinance and or the franchise agreement; judicial and FCC rulings; line extension policies; and Village or licensee rules.
3. Licensee cooperation. Licensees shall fully cooperate with the Village in all matters relating to any evaluation pursuant to this section and shall provide such information, data, and documents as the Village may reasonably request in connection with any such evaluation.
4. Village right to require special tests. If, at any time during any evaluation pursuant to this section, the Village determines that reasonable evidence exists of inadequate cable system technical performance, as measured against applicable FCC technical rules and standards then in effect, it may require a licensee to perform reasonable tests and analyses directed toward the identified or suspected inadequacies. The licensee shall fully cooperate with the Village in scheduling and performing such testing and shall prepare and present in a written report setting forth and interpreting the results of such testing within thirty (30) days after receiving notice from the Village that such testing will be required. Such report shall include at least the following information:
a. Identification and qualifications of the person performing the tests;
b. The nature of the identified or suspected inadequacy that precipitated the special tests;
c. What system components were tested;
d. The equipment used and procedures employed in testing;
e. The results, and an analysis and interpretation of the results, of the tests and, in particular, data and information tending to confirm and identify the source of, or to negate the existence of, the identified or suspected inadequacy;
f. The method, if any, by which any such identified system inadequacy has been, or will be rectified;
g. Recommendations, if any, for additional action; and
h. Any other information pertinent to said tests and analyses that may be required or useful.
The Village may require the test to be supervised, at the Village's expense, by a registered professional engineer approved by the Village and not on the permanent staff of the licensee. When so required, such engineer shall sign all test reports and records and forward the same directly to the Village.
(MC-10-2007, Added, 07/10/2007)