§ 5.16.550. No exclusivity.  


Latest version.
  • To the extent prohibited by applicable law, a franchisee may not directly or indirectly require a subscriber or building owner or manager to enter into an exclusive contract as a condition of providing or continuing to provide cable service. A franchisee must offer service on a month-to-month basis. Nothing in this section shall prevent a franchisee from entering into a longer term and/or exclusive contract with a subscriber or building owner in exchange for discounted rates or other consideration, to the extent permitted by applicable law.

    A.

    It is the policy of the city to ensure that every cable system provide service in its franchise area upon request to any residential dwelling unit. In addition, each franchisee shall provide service to any school or government building in the city, subject to written request from the city administrator and any applicable line extension policies in a franchise ordinance. Each franchisee shall extend service upon request within its franchise area, provided that, a franchise ordinance may permit a franchisee to require a potential subscriber to contribute a fair share of the capital costs of installation or extension as a condition of extension or installation in cases where such extension or installation may be unduly expensive. cable service must be provided within time limits specified in the franchise ordinance.

    B.

    A cable system within the city shall meet or exceed the technical standards set forth in 47 C.F.R. § 76.601 and any other applicable technical standards as may be amended.

    C.

    Each cable system operator shall perform at its expense such tests as may be necessary to show whether or not the franchisee is in compliance with its obligations under applicable FCC standards, this chapter or a franchise ordinance.

    D.

    Each franchisee shall, during the term of its franchise, ensure that subscribers are able to receive continuous service. In the event the franchise is revoked or terminated, the franchisee may be required to continue to provide service for a reasonable period to assure an orderly transition of service from the franchisee to another person. A franchise ordinance may establish more particular requirements under which these obligations will be satisfied.

(Ord. 12729 § 1 (part), 2006)