1. A cable system shall be operated in a manner consistent with the principles of fairness and equal accessibility of facilities, channels, studios and other services to all residents and other entities having a legitimate use of the system. A licensee shall not discriminate in terms of rates, terms of service or extension of service on the basis of age, race, creed, sex, religion, national origin or marital status, except that a licensee shall not be prohibited from periodically discounting or waiving monthly service rates or installation fees as part of any promotional or marketing campaign. Nor shall a licensee fail to extend service to any part of the city on the basis of the income of the residents.

2. A licensee shall maintain a business office open during normal business hours with listed local or toll-free telephone numbers to allow reasonable access by subscribers and members of the public. Unless a waiver is granted by the council, the office shall be located within the city’s corporate limits. When the office is closed, an answering machine, answering service or similar device, capable of receiving service complaints and inquiries, must be employed.

3. A licensee shall maintain a written or electronic log listing date of all complaints, identifying the subscriber or citizen, describing the nature of the complaint and when and what action has been taken by the licensee, if any, in response thereto; such record shall be kept at licensee’s office and shall be available for inspection during regular business hours without further notice of demand of the city manager. A summary of such records must be retained for not less than one year. The licensee shall notify each subscriber at the time of initial subscription to service of the procedure for reporting and resolving complaints.

4. A licensee shall establish procedures for the investigation and resolution of all complaints including, but not limited to, those regarding the quality of service and equipment malfunction. A copy of such procedures shall be provided to the council upon request.

5. At the time cable service is installed, a licensee must provide each subscriber the following:

6. A licensee shall establish and conform to the following policy regarding refunds to subscribers and users:

7. The following requirements shall apply to disconnections:

8. A licensee may interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations, only after prior notice to subscribers and the council of anticipated interruption. No prior notice shall be required for the performance of system maintenance work requiring a maximum of one hour between the hours of 6:00 a.m. and 12:00 a.m., and four hours between the hours of 12:00 a.m. and 6:00 a.m.

9. A licensee shall at all times comply with the subscriber privacy provisions of 47 U.S.C. Section 551.

10. No equipment shall be installed by the licensee for subscriber service without first securing a service request from the owner or resident of any private property involved, except in public utility easements.

11. A licensee shall not originate or knowingly permit subliminal transmission at any time for any purpose whatsoever.

12. A licensee shall provide leased access channels as required under 47 U.S.C. Section 532. In the event that the federal provisions should cease to apply, the city and a licensee shall confer, mutually agree upon and then promulgate new leased access requirements which shall apply.

13. A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, 47 U.S.C. Section 554, state statutes and local regulations as the same may be amended from time to time.

1. A cable system shall be constructed in accordance with the provisions of the license agreement.

2. It is the policy of the council to require construction of a cable system designed to serve subscribers in an area licensed by the council as rapidly and expeditiously as possible. The licensee shall immediately, upon granting of the license agreement, diligently pursue and obtain all necessary permits from the appropriate governmental agencies, utility companies and others as necessary to comply with the provisions of this chapter and other federal, state and city laws, codes and resolutions. However, no construction shall begin until the notification requirements set forth in this chapter are satisfied.

3. A cable system shall be constructed pursuant to a construction timetable specified in the license agreement.

4. Any delay beyond the terms of the timetable specified in the license agreement will be considered a violation of the terms of this chapter and the license agreement. Unless the licensee can establish that the delay was due to factors beyond its control, the licensee may be considered in default of the license agreement and the city manager may take whatever action the city manager is entitled to under this chapter and the license agreement.

5. The licensee shall not be considered in default of the applicable construction schedule if the council approves a modification of the schedule change in advance. In submitting a request for a construction schedule modification, the licensee must fully explain the reasons for the delay in writing. The delay may be disapproved by the council if it is not reasonably justified, would have unreasonably discriminatory results or would unduly delay service to an area. Such a modification request shall be considered granted unless the licensee is notified by the council to the contrary in writing within 45 days of the date on which the request was filed.

6. The council may require a licensee to report on construction progress and provide information showing specifically whether the construction schedule is being met and the reasons for the delay. The city manager shall determine the format to be used for the report and the frequency of reporting.

7. Where appropriate and reasonable, a licensee shall schedule construction activities to coordinate with any city construction on streets so as to avoid unnecessary inconvenience to the public.

1. Upon reasonable request for service by any person located within any area of the city that meets density requirements of subsection (C)(2) of this section, a licensee shall, within 60 days, furnish the requested service to such person, unless prevented from providing the service due to factors outside licensee’s control such as permit restrictions, private easement considerations, and the like. If such service has not been implemented within 90 days of the request, the council may impose liquidated damages for each day thereafter.

2. The licensee must extend and make cable television service available to every unserved dwelling unit within any area of the city reaching the minimum density of at least 25 dwelling units per mile of plant as measured from licensee’s nearest activated trunk or feeder line, whether the existing plant is aerial or underground, except that the licensee shall not be required to install cable where another authorized licensee has already done so. Licensee shall complete line extensions to an area reaching a density of at least five homes within 1,056 feet of existing active cable plant, or where an area has more than five homes with at least one home per 211 street feet including the distance to existing active cable plant. Upon request, this density requirement may be modified by the council for a specific licensee, provided the licensee demonstrates that it would be commercially impracticable to comply with the requirement. For purposes of this section, a density requirement may be considered commercially impracticable if licensee’s compliance with the requirement would create a significant adverse impact on the capital costs of licensee’s city cable system.

3. In new single-family subdivisions, the licensee shall prevent unnecessary damage to streets and property by installing cables or conduits underground at the same time and in the same trench as telephone, electric or similar services are installed; provided, that a licensee is entitled to joint-trench privileges with such other utilities and services under the same terms and conditions as granted by the city to other service providers using the trench. Given reasonable notice, the licensee shall install underground cable or conduit in all new subdivisions of four or more dwelling units within the service area at the same time and in the same trench as telephone, electric or similar services are installed. Cable need not be installed and activated until the new subdivision meets the criteria established for line extensions.

4. The licensee must extend and make cable television service available to any resident requesting connection within the licensee’s authorized service area at the regular installation charge if the connection to the resident would require no more than a 200-foot drop line, provided subsection (C)(2) of this section is met.

5. With respect to requests for connection requiring a drop line in excess of 200 feet, the licensee must extend service to such residents at a one-time charge not to exceed the actual costs incurred by the licensee for the distance exceeding 200 feet.

1. In those areas and portions of the service area where the transmission and distribution facilities of the telephone company and the electric company are underground or later placed underground, the licensee shall likewise install its transmission facilities underground.

2. In areas where existing facilities are not underground, a licensee shall not erect poles along any street or public way of the city except as may be reasonably required or necessary to fill small gaps in the existing aerial utility systems and only then with the advance written approval of the director of the department of community development pursuant to Chapter 12.15 SCC.

3. All television signals transmitted on a cable system must include stereo, when available, and any closed-captioned information for the hearing impaired. Antennas, supporting structures and outside plants used in the system must be designed to comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plants.

4. The licensee shall design and install the system so as to be capable of operating according to the technical standards and all applicable rules and regulations of the FCC or any future rule-makings or standards required by the FCC. The licensee’s methods and schedules for testing the system on an ongoing basis shall be in compliance with its standard policies. A summary of any test results shall be provided by licensee for the city’s review upon request by the city manager.

5. A licensee must not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the electrical system located in any building, the cable system of another licensee, or individual or master antennas used for receiving television or other broadcast signals.

1. The licensee shall construct, install and maintain its cable system in an orderly and workmanlike manner in accordance with Chapter 12.05 SCC, which deals with construction and maintenance work in the public rights-of-way. The safety of the general public, the licensee’s employees, the employees of the utility companies and all nearby property owners shall be a primary concern.

2. All cables are to be installed, to the maximum extent possible, parallel with electric and telephone distribution facilities. Multiple-cable configurations shall be arranged in parallel and bundled to the maximum extent possible.

3. As between licensee and the city, the licensee shall be solely and completely responsible for the actions taken by any contractor or other agent employed to construct, install or maintain the licensee’s facilities on streets as well as on public or private property.

4. The licensee shall give prior written notice, as set forth later in this section, of its intent to place underground facilities. Failure to provide such notice may subject a licensee to liquidated damages pursuant to SCC 5.15.090, or other enforcement sanctions.

5. In addition, the licensee shall comply with all other city, state and federal laws and regulations which may be applicable to its operations.

6. A licensee shall have available at all hours personnel capable of responding to emergency conditions requiring immediate repair to any facility owned by the state, county, city, or the gas, electric and telephone utilities, as well as pipeline companies or similar industries. The licensee shall respond to normal requests for location of its facilities within 48 hours. The licensee shall be a member of the One Call Notification Center, or comply with state underground law, for its service area.

7. In the event that licensee property or the facilities and equipment of an unauthorized cable communication provider have been installed in a street or other dedicated public right-of-way without complying with the requirements of this chapter, or the license has been terminated, revoked or expired, or the use of any licensee property is discontinued for any reason for a continuous period of three months, licensee or any unauthorized cable communication provider shall, at its sole expense, on the demand of the council remove promptly from the street all licensee or unauthorized cable communication provider property other than that which the council may permit to be abandoned in place. Upon such removal of subject property, licensee or unauthorized cable communication provider shall promptly restore the street or other public places from which the subject property was removed to a condition as near as possible to its prior condition. Subject property no longer in service may be left in place with the approval of and in a manner prescribed by the council. Upon abandonment of the property in place, licensee or unauthorized cable communication provider shall deliver to the council an instrument transferring ownership of the subject abandoned property to the city. Any cost arising from compliance with this provision shall be borne by the licensee or unauthorized cable communication provider.

1. A licensee must utilize, with the owner’s permission, existing poles, conduits or such other facilities whenever possible.

2. All transmission lines and other equipment must be installed and located to minimize interference with the rights and reasonable convenience of public and private property owners. The council reserves the right to issue such reasonable rules and regulations concerning the installation and maintenance of cable systems in the public rights-of-way, as may be consistent with this chapter, state and federal law.

3. The licensee shall have at all times up-to-date route maps or an electronic database showing trunk and distribution lines. Licensee shall make all such maps available for review by the appropriate city personnel. If the data is in graphic digitized format, it shall be converted to AutoCad 10.0 or higher suitable for the MS DOS System and provided to the city.

4. Suitable safety devices and practices as required by city, state and federal laws, ordinances, regulations and permits must be used during construction and maintenance of a cable system.

5. A licensee must remove, replace or modify, at its own expense, any of its facilities within any public right-of-way when required to do so by the city manager to allow the city to change, maintain, repair, improve or eliminate a public thoroughfare. Nothing in this section shall prevent licensee from seeking and obtaining reimbursement from sources other than the city.

6. On streets where electrical and telephone utility wiring are located underground, either at the time of initial construction or subsequently, the cable must also be located underground at the licensee’s expense. Between a street or road and subscriber’s residence, the cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone are aerial, licensee may install aerial cable except where a property owner requests underground installation and agrees to bear the additional cost over aerial installation.

7. A licensee must obtain any required permits before doing any excavation or causing disturbance to public thoroughfares or private property as a result of its construction or operations and must restore to their former condition such private property and public thoroughfares, the latter in a manner consistent with all applicable rules, regulations, resolutions or other requirements relative to construction, repair or maintenance of public rights-of-way. If, in the opinion of the city engineer, such restoration is not satisfactorily performed within a reasonable time, the city engineer may, after prior notice to licensee, cause the repairs to be made at the expense of the licensee. The city engineer may inspect ongoing construction and require a licensee to halt construction where the city engineer finds the construction to be in noncompliance with the requirements of this chapter, the license agreement or a permit.

8. Prior to commencement of underground construction a licensee must:

9. At the request of any person holding a valid building moving permit and upon sufficient notice, the licensee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than seven days’ advance notice. The direct expense of such temporary move must be paid by the permit holder, and the licensee may require payment in advance.

1. The following minimum requirements for facilities and services apply to licenses. The council may require that a licensee exceed these minimum requirements.

2. The council may waive minimum requirements for licenses where the applicant demonstrates that such waiver is in the public interest.

3. The following requirements apply to access channels:

1. A licensee shall not be required to connect nor prohibited from interconnecting its cable system with other systems operated by the licensee, or with other systems in the city, in nearby cities or in the county which are operated by other licensees, where such action, as determined by the licensee, is contractually, economically and technically feasible.

2. Upon request of the council to interconnect a licensee’s system with another licensee’s system, the licensee shall initiate preliminary negotiations with the other affected system in order to determine and report to the council the contractual, economical and technical feasibility of such requested interconnection.