Title 13 - Streets and Sidewalks

13.50.120 Design, Services and Capabilities.

1. A.
   Cable System Design. Every Cable Franchisee shall offer Cable Service that meets the cable-related needs of the City. Such Cable Service shall, at a minimum, be comparable to Cable Services offered by that Cable Franchisee or its Affiliates operating any headend serving the City and surrounding municipalities in Johnson County.  The Cable Franchise shall incorporate a description of the Cable Franchisee's Cable System including the general design and capabilities of the Cable System to identify for the City how the Cable System will meet the current and future Cable needs of the City.
2. B.
   The Cable System. Every Cable System shall pass by every single-family dwelling unit and multiple-family dwelling unit within the Franchise Area in accordance with line extension policies set forth in this Ordinance. Service shall be provided to Subscribers in accordance with the schedules and line extension policies specified in this Ordinance unless otherwise specified in the Franchise.
3. C.
   Drops To Public Buildings.

   1. 1.
      Every Cable Franchisee shall provide installation of at least one (1) Cable Drop, and one (1) outlet, provide monthly Basic Cable Service, without charge, to Public Buildings specified by the City in the applicable Franchise, where the drop does not exceed two hundred (200) feet.  All accredited K-12 schools, and public libraries shall also receive one (1) Cable Drop and one (1) outlet and Basic Cable Service at no charge, subject to the above 200 foot limit.  The location of such Cable Drops and outlets shall be determined in cooperation with the management of the Public Building to which the connection is to be made.  Following the City's designation of additional Public Building(s) to receive Cable Service, a Cable Franchisee shall complete construction of the Drop and outlet within one hundred and eighty (180) days if the City requests construction, weather permitting and subject to payment of the Direct Incremental Costs of installation in excess of two hundred (200) feet.  Drops and outlets that are in addition to the one free Drop and outlet required by this Section shall be provided by a Cable Franchisee at the cost of Cable Franchisee's Direct Incremental Cost.  Alternatively, at an institution's request, the institution may add outlets at its own expense, as long as such installation meets the Cable Franchisee's standards, which shall be made readily available to any public entity upon request.  Additional outlets and Services to Public Buildings are subject to the applicable commercial rate.
   2. 2.
      All such Cable Service outlets shall not be utilized for commercial purposes. The City shall take reasonable precautions to prevent any use of a Cable Franchisee's Cable System in any inappropriate manner or that may result in loss or damage to the Cable System. Users of such outlets shall hold the Cable Franchisee harmless from any and all liability or claims arising out of their use of such outlets, other than for those claims arising out of improper installation or faulty equipment.
   3. 3.

      In instances where the Drop line from the feeder cable to the Public Building, school or library exceeds 200 feet, the Cable Franchisee may charge for its Direct Incremental Costs that are incurred in exceeding this length. A Cable Franchisee may require advance payment of this cost.

4. D.
   School and Library Cable Modems. Unless otherwise specified in the applicable Franchise, upon activation and commercial offering of two-way cable modem service by the Cable Franchisee within the Franchise Area, such Cable Franchisee shall provide upon written request one courtesy cable modem with Cable Internet Service without charge to every State accredited K-12 public school and public library in the Franchise Area, where the Drop does not exceed 200 feet, which may constitute an element of an individual Franchise I-Net requirement.
5. E.
   Use of Cable Franchisee's Facilities. Subject to any applicable state or federal regulations, the City shall have the right to install and maintain, upon the poles and within the underground pipes and conduits of a Cable Franchisee, any wires and fixtures desired by the City for public purposes.  The specific terms and conditions of such access shall be set out in the individual Cable Franchise Agreement.  Provided, however, that (a) such use by Grantor shall not interfere with the current or future use by Cable Franchisee or any pre-existing user or lessor of Grantee's facilities; (b) such use by Grantor is restricted to non-commercial public purposes; and (c) Grantor takes reasonable precautions to prevent any use of Cable Franchisee's facilities in any manner that results in an inappropriate use thereof, or any loss or damage to the Cable System.  For the purposes of this subsection, "public purposes" includes, but is not limited to, the use of the structures and installations for Grantor fire, police, traffic, utility, and/or signal systems, but not for commercial Cable System purposes in competition with the Cable Franchisee.
6. F.
   Upgrade of System. Every Cable Franchisee shall upgrade its Cable System (herein referred to as the "System Upgrade"), if required, as set forth in its respective Franchise.
7. G.
   Emergency Alert Capability. Every Cable Franchisee shall at all times provide the System capabilities to comply with the FCC's Emergency Alert System rules and regulations. Provided, that if the FCC at some future date eliminates the current regulations the City and Cable Franchisee shall mutually agree upon the applicable standard on a going forward basis.
8. H.
   Periodic Review. The Cable Franchise shall include provisions to provide for a "periodic review" between the City and a Cable Franchisee to evaluate changes in law, technology, or service, and reasonable procedures for mutually agreed upon modifications to the Cable Franchise to incorporate changes identified as desirable or necessary as a result of any such periodic review.
9. I.
   Closed Captioning and Descriptive Audio Service. Every Cable Franchisee will make audio descriptive service and closed captioning capabilities available to the extent required by state and federal law.
10. J.
    Standby Power. Within twelve (12) months of activation of the System, the Cable Franchisee shall provide standby power generating capacity capable of providing at least twelve (12) hours of emergency supply at the Cable System Headend. For nodes, two hours with emergency power supply. Every Cable Franchisee shall maintain standby power System supplies throughout the major trunk cable networks capable of providing emergency power within the standard limits of commercially available power supply units.
11. K.
    Status Monitoring. Every Cable Franchisee shall provide an automatic status monitoring System, or a functional equivalent, when the Cable System has been activated for interactive service provided that such status monitoring is technically and economically feasible.
12. L.
    HDTV/ATV Conversion. Conversion to High Definition Television/Advanced Television (HDTV/ATV) formats shall occur in accordance with applicable law.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901