§ 15-14. System capabilities.

(1)

System capabilities.

(a)

The design and construction of grantee's cable system shall, at a minimum, provide the capabilities of a 750 MHz hybrid fiber optic-coaxial system. These capabilities shall be available to all residential areas within the city having a density of 25 residential dwelling units per one cable-mile. If construction and/or activation is required to supply these capabilities, it shall be completed within 42 months from the effective date of this franchise. Grantee shall commence construction within 12 months following the effective date of this ordinance. During the construction phase of the franchise, grantee shall use its best efforts to comply with all customer service obligations with respect to customers whose premises are passed by portions of the grantee's network, which are fully activated, tested, and available for service. In constructing and activating its cable system the grantee shall not discriminate between different areas of the city on the basis of race, creed, religion or income level.

(b)

Grantee shall, at a minimum, retain such bandwidth capabilities throughout the term of this franchise. To the extent technically and economically practical, grantee shall progressively lower the total number of residential dwelling units served by individual system nodes in response to changing and increased subscriber demand for services and capabilities.

(c)

Grantee shall cooperate with city from time to time in a periodic review, as set forth in section 15-12(5), relating to change in law, technology, and services and agrees to respond to the city's reasonable requests for information relating to services offered and technological changes planned for the cable system.

(2)

Emergency alert capability. Grantee shall at all times provide the system capabilities to comply with the FCC's Emergency Alert System ("EAS") Rules and Regulations (47 C.F.R. Part 11). In the event the federal EAS program is discontinued, grantee and city shall engage in good faith negotiations to establish a replacement emergency alert process.

(3)

Closed captioning and descriptive audio service. Grantee shall comply with applicable audio descriptive service and closed captioning regulations as required by federal law. (47 C.F.R. § 79.1 et seq.)

(4)

Technical standards. Grantee's cable system shall at all times comply with all applicable FCC Rules and Regulations, Part 76, Subpart K (Technical Standards), as those rules and regulations may be amended from time to time, to the extent permitted by applicable law. Upon request, the grantee shall furnish the city manager a copy of its annual proof of performance filing with the FCC. If the FCC no longer establishes technical standards, and the city's authority is not otherwise preempted by applicable law, this franchise shall control and the then-current FCC standards shall, at a minimum, be made part of this franchise and enforceable by the city.

(5)

Right of inspection. Subject to protection of subscriber privacy city may inspect all construction, reconstruction or installation work performed by grantee in the public rights-of-way under the provisions of the franchise and its general police powers, to ensure grantee's compliance with the franchise and to protect the public health, safety and welfare of city's citizens. Except in emergency situations, city shall provide grantee with reasonable advance notice and grantee shall have the right to be present at such inspection.

(Ord. No. 6281, §§ 1, 2, 7-16-02)