A. Basic Service. The cable television system permitted to be installed and operated hereunder shall:
1. Be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter authorized by the Federal Communications Commission;
2. Be constructed two-way operational from the date of system initiation;
3. Distribute color television signals which it receives in color;
4. Provide at least one channel, without charge, for exclusive use of the city. Additional channels may be required by the city as the need, in the determination of the city, arises;
5. Provide a community service channel program, as defined by Government Code Section 53066.1, as amended, plus any additional requirements which the council may, from time to time, impose;
6. Provide, at a minimum, a fully equipped permanent studio within the city limits, or within six miles of the city limits, for public and municipal use, plus such other mobile and portable studios as are, from time to time, necessary;
7. Consist of state-of-the-art technology and be at least equivalent in capacity and capability to those cable television systems constructed and operated in adjacent cities.
B. Nonbasic Services. The cable television system permitted to be installed and operated under this chapter may also engage in the business of:
1. Transmitting original cablecast programming not received through television broadcast signals;
2. Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;
3. Transmitting and receiving all other signals: digital, voice and audio-visual.
C. Subscriber Complaints. In addition to other service regulations adopted by the council, and excepting circumstances beyond the grantee's control such as acts of God, riots and civil disturbances, and in providing the foregoing services, the grantee shall:
1. Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than twenty-four hours after occurrence, irrespective of holidays or other nonbusiness hours;
2. Upon complaint by a subscriber, make a demonstration satisfactory to the city manager that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission;
3. Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers twenty-four hours in advance and shall occur during periods of minimum use of the system;
4. Maintain an office within six miles of the city, which office shall be open during all the usual business hours, with its telephone number listed in directories of the telephone company serving the city, and be so operated that complaints and requests for repairs or adjustment may be received at any time, day or night, seven days a week; or provide a local telephone directory listing and "toll free" telephone service maintained on a seven-day, twenty-four-hour basis for the receipt of consumer complaints;
5. Maintain a written record, or log, listing the date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by the grantee in response thereto; such record shall be kept at the grantee's local office, for a period of three years from the date of complaint, and shall be available for inspection during regular business hours, without further notice or demand, by the city manager.
D. Municipal Service. In addition to the foregoing provisions of this chapter:
1. With respect to the local government channel, the grantee shall provide, at the request of the city manager, use of the grantee's studio, equipment and technical services for production of live and videotaped municipal programs, subject to scheduling requirements of the grantee;
2. With respect to the basic television services, the grantee shall provide all subscriber services, and a tie-in connection, without cost, when the system possesses such facilities and as designated by the council, subject to the requirements of federal law, to:
a. Public schools and community colleges within the city;
b. Buildings owned and controlled by the city, used for public purposes and not for residential use (fire and police stations excepted); and
c. Hospitals, convalescent homes, retirement homes or similar facilities within the city.
E. Compatibility and Connectibility.
1. It is the desire of the city that all cable television systems franchised under this chapter shall, insofar as financially and technically possible, be compatible with one another and with systems adjacent to the city.
2. Wherever it is financially and technically feasible, the grantee shall so construct, operate and modify the system as to tie the same into all other systems within and adjacent to the city.
3. The city may enter into agreements with adjacent cities to solicit and evaluate proposals for the construction and operation of cable television systems.
F. Uses Permitted. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a cable television system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, and appliances, attachments and other property as may be necessary and appurtenant to the cable television system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the city. (Prior code § 7-3)