Chapter 5.18 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
Section 5.18.290 Minimum franchise conditions.
In addition to satisfying such additional or stricter conditions
as the city finds necessary based
on its investigations, the following elements shall be required in every franchise.
A. System Design. Each franchisee
shall provide a cable system that uses at least seven
hundred fifty megahertz equipment of high quality and reliability. Each franchisee shall install
and activate the return portion of the cable system in the sub-low frequency spectrum of five
megahertz to thirty megahertz.
B. Public, Educational and Government
Use of the System.
1. A franchisee shall provide a minimum
of three channels for PEG access to each
subscriber.
2. Each franchisee shall install,
maintain, and replace as necessary, a dedicated, bi-directional fiber optic link between its headend
and a location designated by the city as the
primary access center.
3. Each franchisee shall install,
maintain, and replace activated two-way cable plant and all
headend, cable plant, and node equipment required to make it operable so that the city, schools,
and all designated PEG access centers and access facilities located within the franchise area will
be able to send and receive signals (video, audio and data) using the activated two-way cable
plant.
4. Each franchisee shall ensure that
technically adequate signal quality, routing systems, and
switching and/or processing equipment are initially and continuously provided for all access
interconnections both within franchisee s cable system and with other cable systems throughout
the duration of its franchise.
5. In the event a franchisee makes
any change in the cable system and related equipment and
facilities or in the franchisee s signal delivery technology which directly or indirectly
substantially affects the signal quality or transmission of access programming, the franchisee
shall at its expense take necessary steps or provide necessary technical assistance, including the
acquisition of all necessary equipment, to ensure that the capabilities of access programmers are
not diminished or adversely affected by such change.
6. A franchisee shall maintain all
access channels (both upstream channels and downstream
channels) and all interconnections of access channels at the same level of technical quality and
reliability as the best commercial channels carried on the franchisee s system.
C. Service to Franchise Area. It is
the policy of the city to ensure that every cable system
provide service in its franchise area upon request to any person or any government building.
Each franchisee shall extend service upon request within its franchise area, provided that, a
franchise may permit a franchisee to require a potential subscriber to contribute a fair share of
the capital costs of installation or extension as a condition of extension or installation in cases
where such extension or installation may be unduly expensive. Service must be provided within
time limits specified in subsection D of this section.
D. Time for Extension. Except as a
franchise otherwise provides, service must be extended
upon request to any person or to any government building in a franchisee s franchise area (i)
within seven days of the request, where service can be provided by activating or installing a drop;
(ii) within ninety days of the request where an extension of one-half mile or less is required; or
(iii) within six months where an extension of one-half mile or more is required.
E. Technical Standards. A cable system
within the city shall meet or exceed the technical
standards set forth in 47 C.F.R. § 76.601 and any applicable state and federal technical standards.
F. Testing. Each cable communications
system operator shall perform at its expense such
tests as may be necessary to show whether or not the franchisee is in compliance with its
obligations under applicable FCC standards, this article or a franchise.
G. Interconnection. Upon request of
the city, every cable system shall be required to
interconnect with every other cable system within the city, or adjacent to N the city, on fair and
reasonable terms for purposes of providing PEG and I-Net services.
H. Continuity of Service. Each franchisee
shall, during the term of the franchise, ensure that
subscribers are able to receive continuous service. In the event the franchise is revoked or
terminated, the franchisee may be required to continue to provide service for a reasonable period
to assure an orderly transition of service from the franchisee to another entity. A franchise may
establish more particular requirements under which these obligations will be satisfied. (Ord. 645
§ 1 (part), 2004)