[Ord. No. 2453 §10, 12-15-1980]
The grantee shall construct a cable system that shall have a
minimum capacity of thirty-five (35) channels. If additional channels
of broadcast carriage are permitted in the future by the FCC, said
grantee shall also be required to carry the additional broadcast carriage
channels.
[Ord. No. 2453 §11, 12-15-1980]
A.
The
grantee shall comply with the following requirements on cable access:
1.
Public access channel. The grantee shall maintain
at no cost to the user at least one (1) specially designated non-commercial
public access channel available on a first-come, non-discriminatory
basis.
2.
Local government access channel. The grantee shall
maintain at no cost to the user at least one (1) specially designated
channel available for local government use.
3.
Educational access channel. The grantee shall maintain
at no cost to the user at least one (1) specially designated channel
available for use by each public school district within the City or
an interconnection for those school districts served by another cable
system.
4.
Leased access channel. The grantee shall maintain
at least one (1) specially designated channel for leased access uses.
In addition, other portions of its non-broadcast bandwidth, including
unused portions of the above specially designated channels, shall
be available for leased uses. On at least one (1) of the leased channels,
priority shall be given to part-time users of leased access.
5.
Regional educational access channels. The grantee
shall maintain at least two (2) designated channels for use at no
cost by regional educational authorities, one (1) channel which shall
be primarily for higher educational programming, another channel which
shall be for elementary and secondary educational programming. Full-time
interconnection from a technical center designated by the City to
the grantee at no cost to the City, and this interconnection shall
meet the same technical standards as the remainder of the grantee's
system.
6.
Regional cultural and public affairs access channel. The grantee shall maintain at least one (1) specially designated
regional channel for use at no cost by regional public service authorities.
Full-time interconnection from a technical center designated by the
City to the grantee's head-end shall be provided by the grantee at
no cost to the City, and this interconnection shall meet the same
technical standards as the remainder of the grantee's system.
B.
Until such time as there is demand for each channel full time for its designated use, the educational, government and public access channels, and the regional educational, cultural and public affairs access channels may be combined on one (1) or more cable channels. To the extent time is available therefore, access channels may also be leased for other broadcast and non-broadcast services except that at least one (1) channel shall be maintained exclusively for the presentation of access programming as required by Subsection (C) of this Section.
C.
The
grantee shall, in any case, maintain at least one (1) full channel
for shared access programming.
D.
Whenever any of the channels described in Subsection (A) or (C) of this Section is in use during eighty percent (80%) of the weekdays (Monday through Friday) for eighty percent (80%) of the time during any consecutive three (3) hour period for six (6) consecutive weeks, the grantee shall have six (6) months in which to make a new channel available for the same purpose.
[Ord. No. 2453 §12, 12-15-1980]
The grantee shall provide all subscribers service with all television broadcast signals required to be carried pursuant to the rules of the FCC, all local origination channels designated by the grantee and at least one (1) of the cablecasting access channels for public, education, government and lease users as specified in Subsection (A) of Section 645.110 of this Chapter.
[Ord. No. 2453 §13, 12-15-1980]
If the grantee, as an additional service, offers pay television
or pay cable to subscribers, the grantee shall also make available
to all such subscribers, at no additional subscription or installation
cost, a key lock device capable of rendering pay television or pay
cable service inaccessible.
[Ord. No. 2453 §14, 12-15-1980]
The grantee shall provide basic service to public schools within
the City for educational purposes at no cost to the City or public
school system. The grantee shall also provide similar services without
cost to private non-commercial schools including parochial or other
religious schools. This basic service shall be for the duration of
the franchise.
[Ord. No. 2453 §15, 12-15-1980]
A.
Any
system constructed shall meet or exceed the FCC requirement for two-way
cablecasting. The grantee shall agree to develop Class IV signal uses,
as defined by the FCC, as soon as a demand by a reasonable number
of subscribers exists for two-way cablecasting. However, provided
that grantee shall not be required to provide such service unless
projected revenues from such service shall equal or exceed the projected
incremental costs of providing such service.
B.
No
signals of a Class IV cable communications channel shall be transmitted
from a subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the
subscriber. The request for such permission shall be contained in
a separate document with a prominent statement that the subscriber
is authorizing the permission in full knowledge of its provision.
Such written permission shall be for a limited period of time not
to exceed one (1) year, which shall be renewable at the option of
the subscriber. No penalty shall be invoked for a subscriber's failure
to provide or renew such an authorization. The authorization shall
be revokable at any time by the subscriber without penalty of any
kind whatsoever provided that such revocation request may be required
to be in writing by grantee. Such authorization is required for each
type or classification of Class IV cable television activity planned;
provided however, that the grantee shall be entitled to conduct system-wide
or individually address "sweeps" for the purpose of verifying system
integrity, controlling return-path transmission, or billing for pay
services.
C.
The
grantee, or any of its agents or employees, shall not, without the
specific written authorization of the subscriber involved, sell, or
otherwise make available to any party:
[Ord. No. 2453 §16, 12-15-1980]
The grantee shall design and construct the system to provide
for an audio override of all audio channels during emergencies whereby
a designee of the City may introduce an audio message on all of the
system's channels simultaneously. An emergency power source shall
also be provided by the grantee at the head-end of the system.
[Ord. No. 2453 §17, 12-15-1980]
A.
Interconnection Required. The grantee shall interconnect
origination and access channels of the cable system with any or all
other cable systems in adjacent areas, upon the directive of the City.
Interconnection of systems may be done by direct cable connection,
microwave link, satellite, or other appropriate method.
B.
Interconnection Procedure. Upon receiving the directive
of the City to interconnect, the grantee shall immediately initiate
negotiations with the other affected system or systems in order that
costs may be shared equally for both construction and operation of
the interconnection link.
C.
Relief. The grantee may be granted reasonable extensions
of time to interconnect or the City may rescind its order to interconnect
upon petition by the grantee to the City. The City may grant said
request if it finds that the grantee has negotiated in good faith
and has failed to obtain an approval from the system or systems of
the proposed interconnection, or that the cost of the interconnection
would cause an unreasonable or unacceptable increase in subscriber
rates.
D.
Cooperation Required. The grantee shall cooperate with any
interconnection corporation, regional interconnection authority or
City, County, State and Federal regulatory agency which may be hereafter
established for the purpose of regulating, financing, or otherwise
providing for the interconnection of cable systems beyond the boundaries
of the City.
E.
Initial Technical Requirements To Assure Future Interconnection Capability.
1.
All cable systems receiving franchises to operate within the City
shall use the standard frequency bandwidth.
2.
All cable systems are required to use signal processors at the head-end
for each television signal.
3.
The City also urges grantee to provide local origination equipment
that is compatible throughout the area so that videocassettes or videotapes
can be shared by various systems.
