Oakley Municipal Code Art. 6 General Service Provisions

The cable programming offered by the grantee shall include at a minimum each of the following categories as is appropriate to the license area: community, family, children’s, news and public affairs, sports, cultural, religious, arts and music, minority or foreign language, and educational for all ages.

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 PEG channels at no extra charge.

a. The cable system shall have a minimum channel capacity of 30-six activated channels. If the service area of the county license is part of a cable system under a single headend that also has licenses with one or more contiguous cities within Contra Costa County, and if the City licenses require a greater channel capacity, then the highest City standard shall be considered the county standard, provided that the grantee is permitted to adjust rates as necessary to recover the reasonable, proportionate capital cost of providing such additional channel capacity, including a return on investment comparable to that allowed by the contiguous jurisdiction, but in no event less than that specified by the FCC in cost of service showings applicable to the regulated rates of cable operators.

b. Such system shall maintain a plant which, with appropriate modifications, has the technical capability for data/video return or "two-way" communication "Capability" shall not mean that such two-way communication is made operational. Whether and under what circumstances such two-way communication is made operational will be set out in the grantee’s license award resolution.

c. In cases where the grantee’s existing cable system does not meet the requirements of this section, the license award resolution shall specify the time within which the grantee’s cable system must comply.

The grantee shall make available one or more dedicated channel on its cable system for purposes of PEG programming to be cablecast by the county, as set forth in the Access Agreement.

Except as limited by the Access Agreement the grantee shall provide such additional PEG services, facilities and equipment as are specified in the license award resolution.

PEG channels shall be part of basic cable service. All subscribers within the unincorporated and incorporated areas of the county served by a grantee shall receive all PEG channels that the grantee provides to the county under this division.

The county agrees not to lease, transfer, or divest itself of control of the use of a PEG channel for commercial purposes. Nothing in this section shall prevent the county from delegating to an independent nonprofit entity such as a commission, board, or nonprofit corporation the authority to manage all or any part of the county’s PEG facilities, programming and/or funds. The commission, board, or nonprofit corporation shall be subject to the provisions of the Access Agreement, and may be established jointly with neighboring jurisdictions at county’s sole option.

a. The county, in its sole discretion, may determine that it is desirable for certain public buildings within the county to receive one primary outlet and basic service to that outlet without charge to the county. Public buildings shall include but not be limited to:

1. Public schools and community colleges;

2. Fire stations, Police Chief’s stations and police stations;

3. Jail and detention facilities; and

4. Other buildings owned or occupied by the county or other public entity governed by the board.

b. Public buildings shall not include buildings owned or occupied by private companies or organizations under contract with the county.

c. If the county makes such a determination, the grantee who serves the cabled area in which the designated public building is located shall, without cost to the county but subject to the distance limitations of this section, install one primary outlet and provide basic service to that outlet.

d. Free installation to existing buildings shall be subject to the following distance limitations as measured from the nearest active coaxial feeder line along a reasonably direct route.

1. 150 feet for aerial service drops; or

2. 75 feet for underground service drops.

e. Free installation to new buildings shall be subject to the following distance limitations as measured from the nearest active coaxial feeder line along a reasonably direct route.

1. 150 feet for aerial service drops; or

2. 150 feet for underground service drops, provided such drops can be installed in utility trenches concurrently with the construction of such new buildings and do not require cutting, boring or similar work. If cutting, boring or similar work is required, the cable operators shall install the first 75 feet at no cost to the county. The remaining distance will be paid for by the county at the actual cost of the operators.

f. That portion of primary outlet installation which exceeds the foregoing distance limitations, and additional outlet installation to any such building, if requested by the county, shall be provided by the grantee and paid for by the county on an actual time and materials basis.

g. The grantee shall not charge the county or other public entity for any basic service provided under the provisions of this section, nor shall the grantee be responsible for securing any easements necessary to provide this service.