Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

pursuant to ~~ 34 812. 081 and 815. 045, Florida Statutes, Cox shall make available upon request to the City 35 true and accurate route maps of the cable communications system constructed and 36 maintained hereunder and shall keep the same as current as practicable and a copy of the 37 route maps will be provided to the City on disks in . dwg/. dxf. format. The City will not 38 disclose such maps to any third party without Cox' s prior written consent. 39 D. Construction Standards. Cox shall construct the in system 40 accordance with applicable and acceptable industry standards. Underground will be drops 41 buried as soon as possible, but in no event later than fifteen ( 15) business days after the 42 temporary drop has been installed. 5  1 E. Riaht to Inspection of Svstem. The City through its representatives may 2 inspect the cable system at any time during the term of this Franchise, provided that the 3 City shall give Cox prior notice of any such inspection which requires attachment of testing 4 equipment to its system or entry onto private property. 5 SECTION 13. SYSTEM SERVICES. 6 A. Cateaories of Proarammina and Proaram Channels. Cox shall at all times 7 maintain broad categories of video programming on its cable communications system, 8 which shall include, but not be limited to: entertainment, sports, news, weather, 9 educational, local public service and children' s programming. 10 B. Leased Access Channels. Cox shall offer leased access channels 11 consistent with the requirements of Section 612 of the Cable Act. 12 C. Closed Captioned Proarammina. All closed- captioned programming shall 13 be retransmitted by the system. 14 SECTION 14. ACCESS AND INSTITUTIONAL NETWORK. 15 A. Public Buildinas.Cox shall provide one ( 1) free drop and one ( 1) outlet of 16 basic and expanded basic service at no charge to each of the sites selected by the City in 17 City buildings and to other City buildings within 150 feet of Cox' s distribution system as 18 requested by the CityManager, which shall include, but not be limited to: Ft.Walton Beach 19 Fire Stations, Ft. Walton Beach Police Station, Ft. Walton Beach Library, Ft. Walton Beach 20 Indian Mound Museum, Ft. Walton Beach Recreation Centers ( Hedrick Center, Chester 21 Pruitt Center, Docie Bass Center, Senior Center), Tennis Center, Public Works Office, Golf 22 Course, and additional City buildings constructed or acquired throughout the term of the 23 franchise. Additionally, the City Hall shall be provided by Cox with one ( 1) service drop 24 carrying basic and expanded basic services at no charge. 25 B. Government Access Channel( s ). 26 1. Cox shall provide the City with access to a designated analog government 27 access channel on the basic service tier for airing noncommercial government access 28 programming. On the effective date of this Franchise, Channel 6 serves this purpose. 29 This channel will be shared with other local governments in the Fort Walton Beach area, 30 however, Cox shall ensure that during the term of this Franchise, the number of hours of 31 programming aired per week by the City under the prior franchise is not diminished. 32 2. In addition to the shared analog channel on the basic service tier, above, 33 Cox shall provide the City a 24 hour digital channel on its lowest cost digital tier for airing 34 non- commercial government access programming within 120 days of a written request to 35 do so. 36 3. In the event that Cox provides its basic service tier in fully digital format, the access channel provided pursuant to Section 14( B)( 2) 37 City' s designated government 38 above, shall be relocated to the basic service tier. 39 C. Educational Access Channel. designate a channel for non- Cox shall 40 commercial educational access programming to be utilized by the Public Schools. 6  1 D. Promotional and Public Service Announcements. Upon request by the 2 City, Cox shall provide, on an annual basis, advertising valued at up to Ten Thousand 3 Dollars ($ 10, 000) ( based on the then- prevailing rates for time and production) to air 4 promotional and public service announcements. Cox reserves the right to approve all 5 such announcements consistent with its generally applicable advertising standards. 6 E. City Council Coveraae and Trainina. 7 1. Until the activation of the designated government access channel provided 8 in Section 14( B)( 2) above, or two ( 2) years after the the adoption by Council of this City 9 franchise, whichever first, Cox shall provide at no charge to the City video occurs 10 coverage of regular City Council and other selected City meetings. Cox shall broadcast 11 pre- recorded City Council meetings within 48 hours following regular scheduled City 12 Council meetings. 13 2. Cox shall provide at no charge to the City video production instruction to City 14 personnel at mutually agreeable times not to exceed 100 hours. 15 F. Video Oriaination Points. Within six ( 6) months, Cox shall provide the City 16 with the ability to originate live or taped that airs on the programming digital government 17 access channel from City Hall, 107 SW Miracle Strip Parkway, and the Police Department, 18 7 NE Hollywood Boulevard. 19 G. Access Eauipment Grant. Cox shall provide the City with an access capital 20 grant of Ten Thousand Dollars ($ 10, 000) and video production valued at a equipment 21 minimum of Forty Thousand Dollars ($ 40, 000). Such equipment shall become the 22 property of the City and Cox shall have no responsibility for repair or replacement. The 23 cost of this equipment shall not be passed through to subscribers located within the City 24 either via a line item charge or by inclusion in the Federal Communications Commission 25 formula used to develop the basic tier rate, if applicable. 26 SECTION 15. SUBSCRIBER INFORMATION AND RIGHTS. 27 A. Access to Service. Cox shall not deny service, deny access, or otherwise 28 discriminate against subscribers, users, or general citizens on the basis of race, color, 29 creed, religion, ancestry, national origin, sex, disability, age, marital status, or status with 30 regard to public assistance. Cox shall comply at all times with all other applicable federal, 31 state, and local laws and regulations. Cox shall not deny any group of potential residential 32 cable subscribers in the City access to the system because of the income level of the 33 residents of the local area in which such group may reside. 34 B. Notification to subscribers. Cox shall use reasonable efforts to inform all 35 persons in advance of the date and approximate time its employees or agents shall enter 36 onto such person' s property for the purpose of equipment installation, and where practical, 37 for service or maintenance of the system. Each such representative and all other 38 employees entering upon private property shall be required to wear an employee 39 identification badge issued by Cox and bearing a picture of said representative. Agents 40 entering subscriber' s homes to conduct official business shall be covered by general 41 liability insurance. 7  1 C. Subscriber Information. Consistent with federal regulations and 2 applicable state law, at the time of installation, at least annually thereafter and upon 3 request, Cox shall furnish each subscriber with written information about its services, 4 including the services offered; the fees, charges, terms and conditions of such services; 5 information regarding billing, including procedures for collection, service calls, and 6 complaints; information regarding the availability of parental control devices; billing 7 adjustment and complaint procedures; proper use of the converter or other cable- related 8 equipment; and information concerning the subscriber's right to privacy in conformance 9 with 47 U. S. C. 9551. 10 D. Billina. Bills must be clear, concise and understandable. Bills must be fully 11 itemized, with itemizations including, but not limited to, basic and premium service charges 12 and equipment charges. Bills will also clearly delineate all activity during the billing period, 13 including optional charges, rebates and credits. 14 E. Business Offices and Personnel. Cox shall establish and maintain a 15 location within two and one- half ( 2 1/ 2) miles of the City limits of the southerly section of 16 the City where subscribers can pay bills and shall provide the personnel, telephone 17 service and other equipment, as needed, to ensure timely, efficient and effective billing 18 service to consumers. Cox shall have a locally listed telephone number, available to 19 subscribers and the general public, for normal business calls and service calls available 20 twenty-four ( 24) hours a day, seven ( 7) days a week. Cox shall provide a local telephone 21 number to the City and utility companies to enable the City or utility company to reach Cox 22 managerial personnel in case of an emergency on a twenty-four ( 24) hour, seven ( 7) days 23 a week basis. Cox shall provide repair service to correct service