System description and service

(a)

The cable television system to be installed by the grantee shall comply in all respects with the technical performance requirements set forth in the FCC's Rules for Cable Television, including applicable amendments thereto; provided that nothing contained herein shall be construed to prohibit the grantee from proposing to comply with more rigid technical performance requirements, in which case the grantee's bid shall be incorporated by reference in the franchise and will be binding on the grantee. If the FCC should delete such requirements, the city hereby reserves the right to amend this chapter to incorporate similar standards and every franchise granted pursuant to this chapter shall be subject to such reserved power, whether or not expressly so conditioned.

(b)

Bids for a franchise shall include proposals for the provision of certain specific access channels. Such proposals by a grantee shall be incorporated into the franchise granted, and shall be subject to the following minimum requirements:

(1)

A minimum of three (3) channels shall be reserved for public access and a minimum of one (1) channel for educational access. Whenever it occurs that at least eighty (80) percent of the channels shall be used during any consecutive four-hour period for at least four (4) of the weekdays (Monday through Friday) for six (6) consecutive weeks, the grantee shall make available an additional channel for such purposes. For purposes of this section, each access channel shall be considered a separate class and as each threshold is achieved, an additional channel shall be added; provided that the grantee shall not be required to dedicate more than fifteen (15) percent of its available downstream channel capacity for such purposes; provided further that the grantee shall have the right to reduce by one (1) the number of channels devoted to such uses each time it occurs that during any eight (8) consecutive weeks from September to May, use of the channels is less than the eighty-percent level provided herein. Unless otherwise indicated in a franchise, the operation of the public and educational access channels shall be governed by the plan developed by the Tampa Hillsborough County Cable Advisory Committee as described in Article VI herein.

(2)

A minimum of one (1) local government access channel shall be made available for the use of local government authorities free of charge.

(3)

A minimum of one (1) leased access channel shall be made available to leased access users. Priority shall be given part-time users on at least one (1) channel. The grantee shall adopt operating rules for the channel, to be filed with the city prior to activation of the channel, designed to prohibit the presentation of lottery information and obscene or indecent matter and shall establish rules to this effect and other rules requiring first-come, nondiscriminatory access, sponsorship identification, specifying an appropriate rate schedule and permitting public inspection of a complete record of the names and addresses of all persons or groups requesting time. Such a record shall be retained for a period of two (2) years.

(4)

The grantee shall provide adequate staff, equipment and facilities necessary to operate the access channels. These provisions shall be made at the grantee's expense.

(c)

The grantee shall provide, without charge within the service area, one (1) service outlet activated for regular subscriber service to each fire station, school, police station, public library, and each other building used for governmental purposes as may be designated by the city; provided that the grantee shall be permitted to recover from any public building owner entitled to free service the direct cost of installing more than one (1) outlet or concealed inside wiring; provided further that the grantee shall not charge for the provision of regular subscriber service to the additional service outlets once installed.

(d)

Display of obscene material:

(1)

The grantee and all other persons using or making use of the cable communications system shall comply in all respects with applicable federal, state and local laws and ordinances regarding the broadcasting, exhibition, display or showing of obscene material and shall not broadcast, exhibit or display material judged to be obscene by any court.

(2)

For the purpose of this chapter, "obscene material" shall mean material or work which displays, depicts or exhibits any of the following:

a.

Genitals, in a discernibly turgid state;

b.

Acts of human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus or bestiality.

(3)

Subsection (d)(2)a. and b. above shall be deemed to be obscene only:

a.

Where the average person, applying contemporary community standards, would find that the material or work, taken as a whole, appeals to the prurient interest;

b.

Where such work or material depicts or describes such activities in a patently offensive way; and

c.

Where such work or material, taken as a whole, lacks serious literary, artistic, political or scientific values.

(4)

For the purposes of this subsection, "material" shall mean any visual material shown on a cable television system whether or not accompanied by a sound track.

(5)

Violation of this subsection (d) by the grantee shall be deemed a material breach of any agreement awarding a franchise and shall subject the grantee to all penalties and remedies provided therein as well as all other remedies, both legal and equitable, available to the city. Violation of this subsection by a lessee shall bar a lessee from utilizing the cable system for a period of one (1) year following such violation and shall subject the lessee to all penalties and remedies, both legal and equitable, available to the city.

(e)

At the option of the subscriber, the grantee shall provide, at no cost, a device capable of locking out any premium programming video and audio signals.

(Code 1971, § 52-63; Ord. No. 7864-A, § 1(Art. VI, § 3), 1-28-82)