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Ordinance 2018-530
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Ordinance 2018-530
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Last modified
10/30/2018 11:06:43 AM
Creation date
10/30/2018 10:54:08 AM
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CityClerk-Ordinances
Ordinance Number
2018-530
Date (mm/dd/yyyy)
10/18/2018
Description
Amend Chap 113 Sec 113-1 thru 113-35 Entitled “Cable Television”
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video service provider's franchise agreement as of July 1. 2007. Within 6 months <br /> after a request of the City for an additional channel or its functional equivalent. a <br /> public access channel or capacity equivalent may be furnished after a polling of all <br /> subscribers of the cable or video service in their service area. The usage of one <br /> public access channel or capacity equivalent shall be determined by a majority of <br /> all the provider's subscribers in the jurisdiction. The video or cable service <br /> subscribers must be provided with clear. plain language informing them that public <br /> access is unfiltered programming and may contain adult content. <br /> If the City did not have public. educational. or governmental access channels <br /> activated under the incumbent cable or video service provider's franchise <br /> agreement as of July 1. 2007. within 6 months after a request by the City within <br /> whose jurisdiction a certificate holder is providing cable or video service.. the <br /> certificate holder shall furnish up to two (2) public, educational, or governmental <br /> channels or their functional equivalent. The usage of the channels or their functional <br /> equivalent shall be determined by a majority of all the video service provider's <br /> subscribers in the jurisdiction in order of preference of all video service subscribers. <br /> Cable or video service subscribers must be provided with clear. plain lanauaae <br /> informing them that public access is unfiltered programming and contains adult <br /> content. <br /> (d) If the City has not used the number of access channels or their functional equivalent <br /> permitted by subsection (c). access to the additional channels or their functional <br /> equivalent allowed in subsection (c) shall be provided upon 6 months' written <br /> notice. <br /> �) A public, educational, or governmental access channel authorized by this section is <br /> deemed activated and substantially used if the channel is being used for public. <br /> educational, or governmental access programming within the City for at least ten <br /> (10) hours per day on average. of which at least five (5) hours must be nonrepeat <br /> programming and as measured on a quarterly basis. Static information screens or <br /> bulletin-board programming shall not count toward this 10-hour requirement. If <br /> the applicable access channel does not meet this utilization criterion. the video <br /> service provider shall notify the applicable access provider in writing of this failure. <br /> If the access provider fails to meet this utilization criterion in the subsequent <br /> quarter. the cable or video service provider may reprogram the channel at its <br /> discretion. The cable or video service provider shall work in good faith with the <br /> access provider to attempt to provide future carriage of the applicable access <br /> channel within the limits of this section if the access provider can make reasonable <br /> assurances that its future programming will meet the utilization criteria set out in <br /> this subsection. <br /> (f) A cable or video service provider may locate any public. educational. or <br /> governmental access channel on its lowest digital tier of service offered to the <br /> provider's subscribers. A cable or video service provider must notify its customers <br />
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