§ 114.37 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 serving more than 1,000 subscribers: An operator who provides service in an area which is defined as “isolated rural” maybe exempted from the minimum franchise requirements for that area.

(A) System design . Each franchisee shall provide a cable system which uses at least 750 MHz 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 5 MHz to 30 MHz.

(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 the 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 grantee'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 division (D) of this section.

(D) Time for extension .

(1) 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:

(a) Within seven days of the request, where service can be provided by activating or installing a drop;

(b) Within 90 days of the request where an extension of one-half mile or less is required; or

(c) Within six months where an extension of one-half mile or more is required.

(2) Notwithstanding the foregoing, the franchisee shall not be deemed to be in violation of this section in the event the franchisee uses reasonable efforts to complete the extension in a timely manner but weather or other circumstances beyond the reasonable control of the franchisee to prevent such timely completion.

(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 other applicable technical standards.

(F) Testing . Each cable 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 chapter 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 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. 678-C.S., passed 4-20-04) Penalty, see § 114.15