Each state franchise holder, and each incumbent cable operator operating under a city
franchise, shall negotiate with each other in good faith to interconnect their networks
for the purpose of providing PEG programming including, but not limited to, the exclusive
city use channel. Interconnection may be accomplished by any means authorized under
California Public Utilities Code section 5870(h). Each state franchise holder and
each cable operator shall provide interconnection of PEG channels including the exclusive
city use channel on reasonable terms and conditions and may not withhold the interconnection.
If a state franchise holder and an incumbent cable operator cannot reach a mutually
acceptable interconnection agreement, the city may require the incumbent cable operator
to allow the state franchise holder to interconnect its network with the incumbent
cable operator's network at a technically feasible point identified by the state franchise
holder on the state franchise holder's network. If no technically feasible point for
interconnection is available, the state franchise holder shall make an interconnection
available to each channel originator and shall provide the facilities necessary for
the interconnection. The cost of any interconnection shall be borne by the state franchise
holder requesting the interconnection unless otherwise agreed to by the state franchise
holder and the incumbent cable operator. To the extent not inconsistent with California
Public Utilities Code section 5 870(h), the city may waive, modify, or defer this
requirement of interconnection.
(Ord. 12819 § 1 (part), 2007)
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