§ 13.12.1370. Standards for service; minimum requirements.

(a)

A franchisee shall construct a cable television system with a capability of delivering not less than 40 video channels with associated audio, with a technical capability for two-way operational communication with audio-video return on a minimum of four channels, to residential subscribers. The director may, for good cause shown by the franchisee, waive or modify the requirements of this subsection.

(b)

The city may require the franchisee to deliver to subscriber terminals those television broadcasts and cablecast signals which are now or hereafter authorized for carriage by the FCC. The signals produced by the system shall be of high quality throughout the system with no difference perceptible to viewers whether in close proximity to the headend or at the furthest extension of the trunk line.

(c)

The franchisee shall distribute in color those television signals which it receives in color. The system, as installed, shall be capable of passing standard black and white and color video channels with associated audio signals without material degradation and with no phase shift and no effect on color fidelity and intelligence.

(d)

A franchisee shall render such service to subscriber as will meet technical and performance requirements of the franchise. At a minimum, the franchisee shall provide the broad categories of services and mix, quality, and level of programming represented to the city in the application and made a part of the franchise agreement by attached exhibit. As an aid to the city in monitoring signal strength and quality, a franchisee shall provide the city with copies of all FCC signal performance reports. Should the FCC no longer require signal performance reports, the franchisee shall make and submit such performance tests and reports in response to written request by the city. Any time the signal does not meet FCC standards or the standards of the franchisee's application as incorporated in the ordinance granting the franchise, the franchisee shall make a pro rata rebate, in money or in services, to each subscriber based upon the percentage by which the signal falls below standard and upon the length of time that such condition has existed. Such rebate shall be made to the satisfaction of each subscriber, or of the city if agreement with the subscriber cannot be reached. The director may for good cause shown by the franchisee waive or modify the requirements of this subsection.

(e)

The franchisee shall provide program origination if so required by the FCC or the ordinance granting the franchise.

(f)

The franchisee shall render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest possible time; any scheduled interruptions, insofar as possible, shall be preceded by notice given to subscribers at least 24 hours in advance and shall occur during periods of minimum use of the system.

(g)

The franchisee must retain and have available emergency personnel capable of performing emergency repairs and maintenance 24 hours a day, every day, including weekends and holidays. The director may waive or modify this requirement if the franchisee can demonstrate that it is not economically feasible to provide such emergency personnel.

(h)

The franchisee shall promptly notify the cable television section of the department when the cable television system is down, when the system is having technical difficulties which may affect services to the subscriber, or when the franchisee's telephone lines are out of service, in order that the department is able to advise those subscribers who contact the department due to inability to reach the cable operator. In addition, the franchisee shall advise the cable television section of the department, by telephone and in writing, of all scheduled maintenance which will cause disruptions to service, and of any outages of more than four hours duration.

(i)

Credits shall automatically be given on a pro rata basis to any subscribers affected by interruptions of service for more than two hours due to actions or outages under the control of the franchisee, exclusive of scheduled repairs or maintenance that the franchisee has provided advance notice of to subscribers. For such interruptions of service not under the control of the franchisee, credits shall be given on a pro rata basis upon the request of the subscribers.

(j)

The franchisee shall maintain and upgrade the system and services to reflect feasible technical and economic developments occurring during the term of the franchise which will benefit the public in terms of new and more effective and efficient service and to provide a state-of-the-art cable television system which meets the interests and needs of the community during the term of the franchise.

(k)

The franchisee shall provide and maintain continuous service to subscribers unless allowed otherwise by the FCC. The franchisee may petition the FCC to authorize the suspension or abandonment of service upon such reasonable terms and conditions as may be prescribed by the FCC. A copy of any such petition shall be filed with the city engineer concurrently with the filing of the petition with the FCC.

(l)

Upon the request of a subscriber or potential subscriber, the franchisee shall provide a morning (before 12:00 noon) or afternoon (after 12:00 noon) service call or installation appointment. Should the franchisee be unable to keep the appointment, the subscriber shall be notified at the earliest possible opportunity, and shall be rescheduled on a priority basis.

(Ord. No. 14(1989), § 2(16.68.100), 6-27-89)