Division 2 — 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. The city manager is not authorized to enter into any franchise agreement or amendment thereto on behalf of the city. (Ord. 02-883 § 2, 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. 02-883 § 2, 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 maximum frequency of no less than 750 MHz or such other frequency that is specified in the franchise agreement.

(Ord. 02-883 § 2, 2002)

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

(Ord. 02-883 § 2, 2002)

• A. 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 unnecessary set-top converters or advances in technology and/or otherwise permit subscribers to fully utilize the capabilities of consumer electronic equipment while receiving cable service.

• B. To assist the city to understand the practical applications of developments in cable technology, each 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 technology 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.

• C. 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, advancements in technology, the availability of programming and the cost to subscribers.

• (Ord. 02-883 § 2, 2002)

A cable operator shall install, at no charge, at least one service outlet per city administrative building, school, library and city fire station 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. (Ord. 02-883 § 2, 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. 02-883 § 2, 2002)

• A. 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.

• B. 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.

• C. All signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a low level of distortion.

• D. 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. 02-883 § 2, 2002)

To provide an emergency alert capability, 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 system. (Ord. 02-883 § 2, 2002)

When trimming trees, a cable operator shall comply with all City regulations applicable to utilities. (Ord. 02-883 § 2, 2002)

In the event that a franchise is terminated or expires without being renewed, 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 city community development 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. 02-883 § 2, 2002)

Notwithstanding the granting of a franchise, the city retains the right under the laws of the State of California and any applicable Federal statutes or regulations to acquire the cable system by eminent domain.

(Ord. 02-883 § 2, 2002)