§ 5.16.610. Minimum requirements.

A.

No OVS operator shall be issued a franchise, or may commence construction of an OVS, until (A) it agrees to match in all respects the highest PEG obligations borne by any cable system operator in the city; or (B) it agrees to PEG obligations acceptable to the city.

B.

Any OVS operator that constructs an I-Net must match in all respects the highest I-Net obligations borne by any cable system operator in the city, unless it agrees to alternative I-Net obligations acceptable to the city.

C.

Every OVS agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the OVS. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.

D.

Each OVS operator shall perform at its expense such tests as may be necessary to show whether or not the OVS franchisee is in compliance with its obligations under this chapter or a franchise or an OVS agreement.

E.

Every OVS franchisee must satisfy customer service consumer protection requirements established from time to time under state or local law and applicable to OVS.

F.

If an OVS franchisee's FCC certification is revoked or otherwise terminates as a result of the passage of time or as a matter of law, the city may revoke the OVS franchise after a hearing. The OVS franchise may also be revoked if federal regulations or statutory provisions governing OVS are declared invalid or unenforceable, or are repealed.

G.

The city may regulate an OVS franchisee's rates and charges except as prohibited by law, and may do so by amendment to this chapter, separate ordinance, by amendment to an OVS agreement, or in any other lawful manner.

(Ord. 12729 § 1 (part), 2006)