Signal Hill Municipal Code Art. V System Performance

Any and all cable television systems for the city shall be designed and installed to meet all of the standards expressly set forth in this chapter. In addition, as a minimum, unless otherwise provided in the franchise agreement, the system(s) shall be constructed to provide the following:

A. A minimum of fifty-two channel capacity on a subscriber network;

B. Interactive capabilities will be provided only when technically and economically feasible;

C. An institutional network with switching capabilities between the subscriber network as provided in Section 13.12.080J;

D. Upstream and downstream capabilities on all networks;

E. Seven local channels for educational, library, governmental, religious, public and local origination use;

F. A fully equipped state-of-the-art local television production studio either dedicated or shared with any city where the grantee operates a cable system;

G. A mobile television production van;

H. Free installation and services for all public and community buildings as agreed by the city and grantee in the franchise agreement;

I. The wiring and installation of terminals and amplifiers at city hall for cable television coverage of city council and other meetings and/or hearings;

J. Programming services, if available, that include:

• 1. National and international news,
• 2. Financial and stock market information,
• 3. Sports channels,
• 4. Weather services,
• 5. Children's programming,
• 6. Movie channels,
• 7. Pay cable services,
• 8. Cultural programming,
• 9. Foreign language programming,
• 10. Programming for handicapped,
• 11. Processed FM stereo programming,

12. Educational programming from local public schools and higher education facilities, such programming to be provided by these institutions and carried on the local channels as specified in subsection E of this section,

13. Other programming areas as may be specified in the franchise agreement;

K. Emergency override capability under the direction of a city official designated by the city. Emergency override shall be available only on the shared local channels; and prior to activation of the system, the grantee shall provide the city with policy guidelines for the operation thereof, which shall be subject to the review and approval of the city;

L. Portable television equipment which may also be "shared" or "pooled" by public and institutional users;

M. A sufficient quantity of portable television equipment for the public agencies of the city to allow those agencies to produce programming designed for internal distribution;

N. Sufficient technical personnel to operate the studio and mobile van, and to provide technical assistance to community users in the preparation, production and broadcasting of local programming;

O. A training program in cable television production to serve the city's educational and municipal agencies;

P. Ongoing support for the development, operation, and promotion of the public access channels including annual notification to city residents of the availability of public access services;

Q. Interconnection of subscriber and/or institutional networks with those of the adjacent community and countywide agencies and/or services, including libraries, City College, Cal State Long Beach, and the unified school district, pursuant to the provisions of Section 13.12.140;

R. Electronic trapping (parental control devices) of cable signals shall be made available to all subscribers at cost.

(Ord. 85-07-950 § 1 (part))

The CATV system shall be designed, installed, maintained and tested in accordance with the best CATV industry practice and, as a minimum, shall conform with the technical performance standards contained in the franchise agreement. In addition, should the Federal Communications Commission (FCC), or other state or federal authority having jurisdiction, impose CATV system technical performance standards either outside the scope of the technical performance standards in the agreement or requiring a higher level of CATV system performance, then the CATV system shall conform with those standards. If, for any reason, the referenced FCC or other technical standards shall become reduced in the regional scope or service level, the more stringent standards herein shall remain in effect.

(Ord. 85-07-950 § 1 (part))

Grantee agrees to maintain its cables, cable drops, and all connectors used therewith in good condition and good repair at all times. Grantee shall insure that its system is in full compliance with all applicable technical rules contained in Part 76 of the Rules and Regulations of the Federal Communications Commission (47 C.R.F. Part 76), including, but not limited to cable radiation limits established by the Federal Communications Commission in Section 76.605(a)(12) of that commission's rules. Grantee agrees to respond timely to any and all complaints of radiofrequency interference alleged to be caused by the operation of its cable system to any and all radio and/or television users or services, and shall attempt to resolve such complaints at grantee's own expense and initiative. Grantee further agrees to timely respond to any and all complaints of radiofrequency interference caused to its cable subscribers from other radio users upon reasonable notice of such interference, and shall attempt to resolve any interference which may be occurring, at its own expense and initiative. After prompt reasonable efforts have been made by grantee to resolve any complaints of radiofrequency interference to cable subscribers or complaints of radiofrequency interference to radio users in other services from cable system radiation, if the problem persists, grantee agrees to submit the matter to the Federal Communications Commission for assistance in resolving the problem. It is understood by both parties that exclusive jurisdiction over matters of radiofrequency interference exists in the Federal Communications Commission, but that this agreement imposes upon grantee the duty, promptly and upon its own initiative, to attempt to resolve any and all such complaints of interference to or from its cable system and make all reasonable, good-faith efforts to resolve the same within grantee's control and at grantee's sole expense, without resort to that federal agency.

(Ord. 85-07-950 § 1 (part))

A. All testing shall be in compliance with the following:

1. All tests shall be in compliance with FCC regulations.

2. If directed by the city manager, tests shall be independently witnessed, and the resultant data analyzed by a representative of the city.

3. All necessary test instrumentation shall be supplied by the grantee, and shall have been calibrated within the preceding twelve months. A current certificate of calibration by an independent calibration laboratory shall be supplied for the reference equipment used to measure the performance of each test instrument. All costs for instrumentation and calibration shall be borne by the grantee.

4. Measurement techniques shall be either (1) those suggested by the FCC, or (2) those developed and mutually agreed to in writing by the city and the grantee prior to system testing. If such agreement is not reached prior to testing, the city shall prescribe acceptable methods of measurement.

5. Concurrent with annual tests, the city representative may, upon reasonable notice, inspect all system head end facilities and outside plant within the city for adherence to accepted industry installation, workmanship, and safety practice.

6. The grantee shall maintain the system so it consistently operates with substantial compliance of the technical standards prescribed with Section 13.12.120. Substantial compliance shall be achieved if ninety-five percent of the channels received meet all applicable technical standards simultaneously at the time of measurement and one hundred percent of the local origination equipment meets all applicable technical specifications.

B. Within thirty days following completion of the construction of the cable system as prescribed herein, a qualified independent electronics engineering firm approved by the city, shall witness an initial proof-of-performance test to ensure system compliance with the technical standards in Section 13.12.120. In compliance with Section 13.12.070 of this chapter all such reasonable costs associated with the required tests shall be borne by the grantee.

If said proof-of-performance tests or construction standards show that the cable television system is below the performance standards outlined in the franchise, the city shall give notice thereof to grantee, and grantee shall have thirty days to correct said deficiency. Grantee will notify the city when such correction has been made, and the engineering firm employed in the previous test will witness the retest to ensure compliance. In the event the resultant tests reveal grantee has failed to correct said deficiency, or if thirty days have elapsed and grantee has not corrected the deficiency, the city may request the engineer to demonstrate, at the grantee's cost, the appropriate correction to the grantee. Grantee shall then have sixty days or other reasonable time required as approved by the city to correct the deficiency. If at the end of the approved time, the deficiency still has not been corrected, the city shall have the option of assessing liquidated damages in accordance with Section 13.12.245 for each and every day the deficiency exists.

C. Six months following the completion and energization of the CATV system, the grantee shall have available on demand system performance data taken within the previous seven days. Measurements for said data shall be taken at the same test points selected to satisfy subsection (D) of this section.

D. The grantee shall during the last month of the fourth operating quarter of each year, or at the time prescribed by the FCC for such tests, perform annual CATV system performance tests. The tests shall meet all criteria specified in subsection A of this section as well as the following:

1. Measurement locations for system compliance with this section, except those requirements regarding twenty-four-hour visual signal amplitude and channel amplitude characteristics, shall include:

a. End of each system major trunk; and

b. End of each system trunk branch four or more trunk amplifiers deep or, in the event the system does not exceed three trunk amplifiers, at the maximum amplifier cascade possible.

Actual test locations shall be selected to measure performance of the system in the franchise area and shall be (or as closely as possible to simulate) actual subscriber locations.

2. Measurements regarding twenty-four-hour visual signal level and channel amplitude characteristics shall be made as required by the FCC.

3. Measurement for system compliance with this section shall be made where practical on all origination equipment employed in the system.

(Ord. 85-07-950 § 1 (part))

The CATV system shall be constructed with full interactive capability. Grantee shall implement the interactive services when such are reasonably determined to be technically and economically feasible. Grantee shall biannually submit a report to the city on the economic feasibility of implementing interactive services.

(Ord. 85-07-950 § 1 (part))

A. The grantee shall, when technically and economically feasible, electrically interconnect the Signal Hill CATV system and other Southern California CATV systems ("surrounding CATV systems") for the purpose of sharing programming. Such an interconnect shall be effected by coaxial cable, fiber optic cable, microwave, or other bidirectional signal transportation means as appropriate to permit programming interchange in compliance with the technical provisions of the grantee's franchise. The grantee shall periodically contact all the operators of surrounding CATV systems for the purpose of exploring and securing a mutually acceptable system interconnect agreement. Grantee shall biannually submit a report to the city on the technical and economic feasibility of interconnecting the CATV systems.

B. By acceptance of the franchise, grantee agrees to cooperate with the city and the county of Los Angeles to implement a countywide interconnection plan. Such plans and the costs for implementation of the plan must be mutually agreed to by all parties prior to such inception.

(Ord. 85-07-950 § 1 (part))

A. The city and grantee shall schedule performance analysis, evaluation, and review sessions within thirty days of the fifth and tenth anniversary dates of the award of any franchise granted hereunder. Additional special evaluations may be scheduled at any other time during the franchise term at either the request of the city or the grantee. Within fifteen days prior to such sessions or evaluation, grantee shall submit to city a report containing the information set forth in subsections B and D of this section.

B. Topics which shall be reviewed and discussed include, but are not limited to, franchise fees and payment schedules, penalties, free or discounted services, application of new or emerging technologies, system performance, services provided, customer complaints and grantee complaint resolution procedures, subscriber privacy, amendments to the franchise, judicial and FCC rulings, line extension policies and franchisee or city rules and regulations.

C. During the review and evaluation by the city, the grantee shall fully cooperate with the city and shall provide such information and documents as the city may need to reasonably perform the review.

In accordance with the provisions of Section 13.12.070 the city may elect to utilize the services of an independent cable television consultant to conduct the review process, and the grantee shall bear all reasonable, mutually agreeable costs associated therewith.

D. During the fifth and tenth year of the franchise, the city and the grantee shall discuss the feasibility of increasing the channel capacity of the cable system and the services offered to subscribers to a level comparable with other cable systems operating in communities with similar characteristics (e.g., homes passed, customer penetration levels, demographics, noncable competition for the same services, off-air signals available, etc.) within a reasonable period of time, if justified by such factors as demand, cost, impact on existing subscriber rates, and the availability of sufficient programming and other services.

(Ord. 85-07-950 § 1 (part))