Fort Walton Beach Council agenda — 12-12-06 ‎(regular)‎ — reading text

interference with the rights and 4 reasonable convenience of property owners and at all times kept and maintained in a safe and adequate condition, and in good order and repair. Cox shall, at all times, employ necessary and reasonable care to prevent failures and accidents which are likely to cause damage, injury, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. K. Technical Standards. The cable communications system permitted to be installed and operated hereunder shall be installed, operated. tested and maintained in conformance with FCC rules and regulations and the Cable Ordinance as the same may be amended from time to time. Any FCC technical or testing standards related to the cable communications system and facilities shall be deemed to be regulations under this Franchise. At such time as the FCC does not regulate technical or testing standards, then such FCC standards as were last in force and effect immediately preceding such deregulation shall govern and be deemed regulations under this Franchise. L. Performance Testinq. Cox shall conduct all tests of its cable communications system and shall make the results of such tests available as required by FCC regulations. M. Emplovee Identification. Cox provide a standard identification shall document or badge to all employees, including employees of subcontractors, who will be in contact with the public. Such document or badge shall include a telephone number that can be used to verify identification. In addition, Cox shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of, or under contract to, Cox. SECTION 12. CONSTRUCTION AND INSPECTION. A. Construction Schedule and System Desiqn. Cox shall maintain its cable telecommunications system with a minimum bandwidth capacity of 750 MHz, two- way capabilities and 2 hour stand- by power capability. B. Riqht of Inspection of Construction. The City shall have the right to inspect and test all construction and installation work for compliance with all applicable laws, on:Iinances, and regulations, provided that the City shall give Cox prior notice of any such inspection which requires attachment of testing equipment to its system or entry onto private property. C. As Built Maps. Subject to being treated as a trade secret pursuant to ~~ 812.081 and 815. 045, Florida Statutes, Cox shall make available upon request to the City true and accurate route maps of the cable communications system constructed and maintained hereunder and shall keep the same as current as practicable and a copy of the route maps will be provided to the City on disks in . dwg/. dxf. format. The City will not disclose such maps to any third party without Cox' s prior written consent. D. Construction Standards. Cox shall construct the system in accordance with applicable and acceptable industry standards. Underground drops will be buried as soon as possible, but in no event later than fifteen ( 15) business days after the temporary drop has been installed. 5  E.Riqht to Inspection of System. The City through its representatives may inspect the cable system at any time during the term of this Franchise, provided that the City shall give Cox prior notice of any such inspection which requires attachment of testing equipment to its system or entry onto private property. SECTION 13. SYSTEM SERVICES. A. Cateqories of Proqrammina and Proaram Channels. Cox shall at all times maintain broad categories of video programming on its cable communications system, which shall include, but not be limited to: entertainment, sports, news, weather, educational, local public service and children' s programming. B. Leased Access Channels. Cox shall offer leased access channels consistent with the requirements of Section 612 of the Cable Act. C. Closed Captioned ProqramminQ. All closed- captioned programming shall be retransmitted by the system. SECTION 14. ACCESS AND INSTITUTIONAL NETWORK. A. Public Buildinqs. Cox shall provide one ( 1) free drop and one ( 1) outlet of basic and expanded basic service at no charge to each of the sites selected by the City in City buildings and to other City buildings within 150 feet of Cox' s distribution system as requested by the City Manager, which shall include, but not be limited to: Ft. Walton Beach Fire Stations, Ft. Walton Beach Police Station, Ft. Walton Beach Library, Ft. Walton Beach Indian Mound Museum, Ft. Walton Beach Recreation Centers ( Hedrick Center, Chester Pruitt Center, Docie Bass Center, Senior Center), Tennis Center, Public Works Office, Golf Course, and additional City buildings constructed or acquired throughout the term of the franchise. Additionally, the City Hall shall be provided by Cox with one ( 1) service drop carrying basic and expanded basic services at no charge. B. Government Access Channel( s). 1. Cox shall provide the City with access to a designated analog govemment access channelon the basic service tier for airing noncommercial government access programming. On the effective date of this Franchise, Channel 6 serves this purpose. This channel will be shared with other local governments in the Fort Walton Beach area, however, Cox shall ensure that during the term of this Franchise, the number of hours of programming aired per week by the City under the prior franchise is not diminished. 2. In addition to the shared analog channel on the basic service tier, above, Cox shall provide the City a 24 hour digital channel on its lowest cost digital tier for airing non- commercial government access programming within 120 days of a written request to do so. 3. In the event that Cox provides its basic service tier in fully digital format, the City' s designated government access channel provided pursuant to Section 14( B)( 2) above, shall be relocated to the basic service tier. C. Educational Access Channel. Cox shall designate a channel for non- commercial educational access programming to be utilized by the Public Schools. 6  D. Promotional and Public Service Announcements. Upon request by the City, Cox shall provide, on an annual basis, advertising valued at up to Ten Thousand Dollars ($ 10, 000) ( based on the then- prevailing rates for time and production) to air promotional and public service announcements. Cox reserves the right to approve all such announcements consistent with its generally applicable advertising standards. E. City Council Coveraqe and Traininq. 1. Until the activation of the designated government access channel provided in Section 14( 8)(2) above, or two ( 2) years after the adoption by the City Council of this franchise, whichever occurs first, Cox shall provide at no charge to the City video coverage of regular City Council and other selected City meetings. Cox shall broadcast pre- recorded City Council meetings within 48 hours following regular scheduled City Council meetings. 2. Cox shall provide at no charge to the City video production instruction to City personnel at mutually agreeable times not to exceed 100 hours. F. Video Oriqination Points. Within six ( 6) months, Cox shall provide the City with the ability to originate live or taped programming that airs on the digital government access channel from City Hall, 107 SW Miracle Strip Parkway, and the Police Department, 7 NE Hollywood Boulevard. G. Access Equipment Grant. Cox shall provide the City with an access capital grant of Ten Thousand Dollars ($ 10, 000) and video production equipment valued at a minimum of Forty Thousand Dollars ($ 40,000). Such equipment shall become the property of the City and Cox shall have no responsibility for repair or replacement. The cost of this equipment shall not be passed through to subscribers located within the City either via a line item charge or by inclusion in the Federal Communications Commission formula used to develop the basic tier rate, if applicable. SECTION 15. SUBSCRIBER INFORMATION AND RIGHTS. A. Access to Service. Cox shall not deny service, deny access, or otherwise discriminate against subscribers, users, or general citizens on the basis of race, color, creed, religion, ancestry, national origin, sex, disability, age, marital status, or status with regard to public assistance. Cox shall comply at all times with all other applicable federal, state, and local laws and regulations. Cox shall not deny any group of potential residential cable subscribers in the City access to the system because of the income level of the residents of the local area in which such group may reside. 8. Cox shall use reasonable efforts to inform all Notification to subscribers. persons in advance of the date and approximate time its employees or agents shall enter onto such person' s property for the purpose of equipment installation, and where practical, for service or maintenance of the system. Each such representative and all other employees entering upon private property shall be required to wear an employee identification badge issued by Cox and bearing a picture of said representative. Agents entering subscriber's homes to conduct official business shall be covered by general liability insurance. 7  C. Subscriber Information. Consistent with federal regulations and applicable state law, at the time of installation, at least annually thereafter and upon request, Cox shall furnish each subscriber with written information about its services, including the services offered; the fees, charges, terms and conditions of such services; information regarding billing, including procedures for collection, service calls, and complaints; information regarding the availability of parental control devices; billing adjustment and complaint procedures; proper use of the converter or other cable- related equipment; and information concerning the subscriber's right to privacy in conformance with 47 U. S. C. 9551. D. Billinq. Bills must be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. E. Business Offices and Personnel. Cox shall establish and maintain a location within two and one-half ( 2 1/ 2) miles of the City limits of the southerly section of the City where subscribers can pay bills and shall provide the personnel, telephone service and other equipment, as needed, to ensure timely, efficient and effective billing service to consumers. Cox shall have a locally listed telephone number, available to subscribers and the general public, for normal business calls and service calls available twenty-four ( 24) hours a day, seven ( 7) days a week. Cox shall provide a local telephone number to