(A) Services. Concurrently with the activation of the cable communications system in the county, the grantee shall provide those services to subscribers as described in the franchise agreement or services of similar mix, quality and level.
(1) The system shall carry the programming and services as indicated in the franchise agreement.
(a) Should the grantee desire to change the selection of programs or services offered on any of its tiers, it shall use its best efforts to maintain the mix, quality and level of services provided over the system.
(b) Any such change in programs or services offered shall comply with the conditions and procedures contained in the franchise agreement and shall be reported to the county at least thirty (30) days prior to the proposed implementation when possible.
(c) The grantee shall use its best efforts to ensure diversity of programming.
(2) A basic service tier shall be offered to subscribers throughout the term of this franchise.
(3) The grantee shall provide and maintain access channels pursuant to the terms defined under the franchise agreement.
(4) The grantee shall provide and maintain an institutional network or provisions for such services pursuant to the terms defined under the franchise agreement.
(5) The grantee shall make available "leased-access channels" to assure that the widest possible diversity of information sources are made available to subscribers.
(a) Such channels shall be especially designated for leased-access use by persons unaffiliated with the grantee on terms, rates and conditions which are in accordance with federal regulation.
(b) The number of such channels shall be determined by the provisions of federal regulation.
(c) The grantee shall not exercise any editorial control over any programming provided over such channels, except as permitted in accordance with the provisions of federal regulation.
(6) The grantee shall install and maintain, at no charge, one service drop to each public building within the franchise area for which the demarcation point (common entry point for utilities) is located 300 feet or closer to the closest useable point on the grantee's cable system.
(a) On request from the appropriate official, and if the county or the respective entity is willing to pay the incremental costs, the grantee will run feeder rather than drop cable to a public building which does or plans to amplify the signal for internal distribution.
(b) The grantee shall provide full basic service and the CPST tier or its equivalent service and one converter, if needed to view such services, to such building free of charge. Any additional converters will be provided on request at the grantee's standard terms.
(c) Upon request from an appropriate official, at free drop locations, grantee will provide inside wiring for a reasonable number of outlets, and the requesting entity shall reimburse grantee's full cost of labor and materials for such internal wiring unless otherwise provided for in grantee's (or parent company's) social contract with the FCC.
(d) The grantee shall also extend cable to public buildings located further than 300 feet from grantee's distribution plant where the county or the respective entity is willing to reimburse grantee's full cost for materials and labor beyond the first 300 feet.
(B) Emergency override.
(1) To the extent required by and consistent with applicable federal statutes and FCC regulations, the grantee shall satisfy its emergency access override obligation throughout the county, and shall designate a channel to which county government emergency preparedness agencies shall have access for emergency broadcast of both audio and video signals.
(2) The county shall train its personnel in proper use of the channel; shall limit access to its override functions to such trained individuals; and shall indemnify, hold harmless, and defend the grantee against any and all claims, causes of action, proceedings, and judgments for damages arising out of the county's use of the emergency channel.
(Ord. 3502, passed 10-7-02)