§ 34-6. Service area, cable system, construction.

(a)

Service area. Each grantee shall provide cable service to the franchise area authorized by the city which may include territory annexed to the city which is not already served by another cable system, provision of cable service to commercial areas shall be in accordance with the franchise.

(b)

Cable system. Each grantee shall install a broadband telecommunications system capable of distributing at least 78 NTSC television channels or their equivalent, said cable system to be installed, maintained, operated and upgraded in accordance with the generally accepted standards of the cable communications industry, the Federal Communications Commission's Cable Television Technical Standards, and any requirements contained in the franchise.

(c)

Construction.

(1)

Compliance with construction and technical standards. No franchise shall be approved which does not provide that the grantee shall construct, rebuild, install, operate and maintain its cable system in a manner consistent with all laws, construction standards and codes, safety regulations, governmental requirements, FCC technical standards, Bellcore Manual of Construction Procedures ("Blue Book"), and detailed technical standards provided for in the franchise. The grantee, through the cable system, shall provide uniform, strong signals which are free from any significant distortion and interference. The cable system shall be designed, constructed, operated and maintained for 24-hours-a-day continuous operation. The cable system shall produce, for reception on subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any noticeable interference or distortion which would cause any material degradation of video or audio quality.

The cable communications system permitted to be operated shall be installed and operated in conformance with this cable ordinance, the franchise, and FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities (unless invalidated by federal law) shall be deemed to be regulations under this chapter. At such time as the FCC does not regulate technical standards, grantee will continue to comply with the FCC standards which were effective prior to such discontinuance of regulation by the FCC.

(2)

City approval of construction plans. Prior to the erection of any towers, poles or conduits or the upgrade, rebuild, or extension of the cable communications system under this chapter, the grantee shall first submit to the city and other designated parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with maps and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit, or fixture or any upgrade, rebuild, or extension of the cable communications system shall be commenced by any person until approval therefor has been received from the city.

(3)

Joint use of facilities. Grantee shall grant to the city, free of expense, joint use of any and all poles and up to 25 percent of any unused conduit space owned by it for any proper municipal purpose, insofar as it may be done without interfering with the free use of grantee's own wires and fixtures. Proper regard shall be given to all existing safety rules covering construction and maintenance in effect at the time of construction. If, in accommodating the city's joint use of its poles, grantee is required to change or replace poles or install new poles, the city shall compensate grantee for such additional expense.

(4)

Tests and performance monitoring. Not later than 30 days after any new or substantially rebuilt portion of the cable system is made available for service to subscribers, and thereafter annually, the grantee shall conduct technical performance tests to demonstrate full compliance with all applicable technical standards contained in this chapter and the franchise, and the technical standards and guidelines of the FCC.

(Ord. No. 2009-51.1(94-O-1777), § 6.0, 11-28-94)