Highland Municipal Code Div. II City Regulation Of Franchise

The office of the city manager is designated as having primary responsibility for the administration of the franchise and this article. Whenever a right may be exercised under this article by the city or the city manager, such right may also be exercised by a designee or employee.

(Ord. 277 § 3, 2002)

If provided for in the franchise agreement, the cable programming offered by the cable operator shall include at a minimum each of the following categories as is appropriate to the franchise area: community, family, children's, news and public affairs, sports, cultural, religious, arts and music, minority or foreign language, and educational for all ages.

(Ord. 277 § 3, 2002)

Basic service shall be available to all subscribers. No subscriber shall be required to purchase any other service as a prerequisite to purchasing basic service. Basic service shall include all public, educational and government channels at no extra charge.

(Ord. 277 § 3, 2002)

The cable system shall have the capacity, the number of activated and programmed channels and the data/video return ("two-way" or "upstream") capability specified in the franchise agreement. The cable system shall have a maximum frequency of no less than 860 MHz or such other frequency that is specified in the franchise agreement.

(Ord. 277 § 3, 2002)

The city and each cable operator shall hold scheduled performance evaluation sessions as specified in the franchise agreement.

(Ord. 277 § 3, 2002)

In addition to such upgrades as may be required under a franchise agreement, it is the responsibility of a cable operator to periodically review upgrading its cable system to integrate advancements in technology as may be required to meet the needs and interests of the community in light of the costs thereof. It is recognized that subscribers in the city have an especially strong interest in a system design that will eliminate the need for set-top converters not necessary for advances in technology and/or otherwise permit subscribers to fully utilize the capabilities of consumer electronic equipment while receiving cable service.

To assist the city to understand the practical applications of developments in cable technology, the franchisee shall submit a report to the city every odd-numbered year during the franchise term. Each report shall describe developments in cable technology that have been incorporated into cable systems of comparable size in the United States, and whether, how, and by what date the franchisee plans to incorporate those technological developments into the system. In addition, the report shall describe the effect of those developments on public, educational, and governmental use of the cable system, and the effect and compatibility of those technological changes on other consumer electronic equipment. Except as provided in a franchise agreement, the city, on receipt of each plan, may promptly schedule hearings to consider whether the cable operator's timetable for implementing the new technologies is adequate to meet the future cable-related needs and interests of the city. Except as provided in a franchise agreement, if the city considers the plan to be adequate, the city shall adopt it and the franchisee shall be bound to implement it as if it were set forth herein.

Any increased charges by a cable operator to subscribers for providing basic cable services in compressed or digitized forms shall comply with standard industry practices at the time such technology is introduced into the system. The introduction of compressed or digitized programming shall be a business decision of the cable operator made in good faith after due consideration of the needs and interests of the community, advancement in technology, the availability of programming and the cost to subscribers.

(Ord. 277 § 3, 2002)

A cable operator shall install, at no charge, at least one service outlet per public agency at all buildings occupied by public agencies within the franchise area, and shall charge only its time and material costs for any additional service outlets to such facilities. The cable operator shall provide basic cable service and cable programming service in all outlets in such buildings free of charge. "Public agency" shall mean an agency of the city, county, state or federal governments, including school districts and any political subdivision of the state of California.

(Ord. 277 § 3, 2002)

The cable operator shall make available one or more dedicated channels on its cable system for purposes of public, educational and governmental access, as set forth in the franchise agreement. Such channels shall be available on the lowest tier of basic service. Such channels shall not be used for any advertisements or commercial programming without the permission of the city.

(Ord. 277 § 3, 2002)

The cable operator shall provide facilities, services and equipment for use in relation to public, educational and governmental access to the extent provided in the franchise agreement.

(Ord. 277 § 3, 2002)

Nothing in this section shall prevent the city from delegating to an independent nonprofit entity such as a commission or nonprofit corporation the authority to manage all or any part of the city's PEG facilities, programming and/or funds. The commission or nonprofit corporation may be established jointly with neighboring jurisdictions at the city's sole option.

(Ord. 277 § 3, 2002)

A cable operator shall design its system so that it may be two-way interconnected with any or all other cable television systems or similar communications systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods.

A cable operator may interconnect its system with other cable systems upon its own initiative, or upon request of the city council to interconnect. If so requested, a cable operator shall begin good faith negotiations concerning interconnection with the other affected system or systems. If so requested, a cable operator shall interconnect with any adjacent cable system which is controlled by the cable operator or which is under common control.

All signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more distortion than on cable operator's subscriber cable system.

A cable operator shall cooperate with any interconnection corporation, regional interconnection authority, state or federal regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems beyond the boundaries of the city.

(Ord. 277 § 3, 2002)

To provide an emergency alert capability directly and securely accessible by the city, the cable operator shall install and maintain an emergency alert system which allows the city to simultaneously override audio signals and broadcast emergency messages on all television channels. In case of public emergency, the city may, as directed by the administrator of emergency services or other authorized official, activate and use such emergency override system for the duration of the emergency. The cable operator shall assist and cooperate with the city in periodic testing of the emergency override systems.

(Ord. 277 § 3, 2002)

When trimming trees, whether on public or private property, a cable operator shall comply with all city tree trimming regulations applicable to utilities.

(Ord. 277 § 3, 2002)

In the event that a franchise is terminated or expires without being removed, or if all or a portion of the cable system is not used for a period of 90 days, the cable operator shall either remove the cable system or the abandoned portion thereof or shall obtain the permission of the public works director to abandon the cable system in place within 90 days. The cable operator shall obtain an encroachment permit prior to removing the cable system.

(Ord. 277 § 3, 2002)

Notwithstanding the granting of a franchise, the city retains the right to acquire the cable system at any time by negotiated sale or eminent domain, and retains the right to resell the cable system to any third party. If the city denies the renewal of the franchise, the city may acquire the cable system at a price not to exceed fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself or any use of the cable system for purposes other than cable television services. If the city revokes a franchise, the city may acquire the cable system at a price not to exceed the depreciated book value of the cable system.

(Ord. 277 § 3, 2002)