Technical Requirements.

15.171. 

Channel Capacity and Activation. Grantee shall operate a Cable System having a capacity of, at minimum, seven hundred fifty MegaHertz (750 MHz), with expansion capability on a single cable trunk, which is capable of providing seventy-five (75) NTSC uncompressed video programming Channels transmitted without means of digital compression. Said system shall be constructed with fiber optic cabling in a topology of Fiber-to-the-Feeder or Fiber-to-the-Node. Said system shall be configured to support at least three hundred (300) digitally-compressed Channels capable of transmitting audio, video and data signals. Grantee shall provide the Franchise Authority with a timetable for implementation of said capacity within six (6) months of the enactment of the Franchise Agreement. Grantee shall employ and activate said seventy-five (75) non-digitally compressed Channels within eighteen (18) months from the enactment of the Franchise Agreement. Grantee shall employ and activate said digitally-compressed Channel capacity not later than three (3) years from the date of enactment of the Franchise Agreement.

15.172. 

Service Requirements and Continuous Operation. Grantee shall design said Cable System or any Video Communications System with the capability to provide two (2) way Interactive System programming, Upstream Channel and Downstream Channel capacity, digital radio and FM radio services, and access Channels. Services shall also include capability to retransmit stereo audio signals of commercial AM and FM radio stations and stereo audio signals carried on video broadcast and cablecast programming. Grantee shall also operate and maintain said Cable System or any Video Communications System, in a manner which will enable continuous twenty-four (24) hour operation of all services, as required herein.

15.173. 

Pay-Per-View, Interactive System and Video-On-Demand Services. The Grantee's Cable System or any Video Communications System shall have the capacity to provide Pay-Per-View cable television services to cable Subscribers. The Cable System or any Video Communications System shall be compatible with Interactive System and Video-On-Demand services.

15.174. 

FCC Technical Requirements.

A. 

Grantee shall, at minimum, comply with the cable television technical standards, as set forth by the FCC, effective July 1, 1992, as now or hereafter amended, as contained in Title 47, Section 76, et. seq., of the United States Code of Federal Regulations. Nothing contained in this Ordinance shall prohibit Grantee from adopting technical standards which exceed those approved by the FCC. In the event that Grantee adopts any technical standard which exceeds that approved by the FCC, such standard shall be incorporated in the Franchise Agreement. Should the Grantee seek release from any technical standard exceeding that approved by the FCC, it may do so no less than three (3) months after the filing of a notice to the Franchising Authority indicating Grantee's desire for specific relief from such technical standard and the reasons therefor. The Franchising Authority shall not unreasonably withhold or deny approval for Grantee's request for such specific relief. Grantee shall provide to the Franchising Authority within thirty (30) days after the end of the calendar year, written reports of the Grantee's bi-annual proof of performance tests conducted, pursuant to FCC standards and requirements.

B. 

If allowed by applicable law the City reserves the right to adopt such technical standards which exceed those enacted by the FCC. Technical standards adopted by the City shall be amended to this Ordinance.

15.175. 

Adherence to Electrical and Safety Codes. The construction, installation, activation, re-activation and operation of any portion of Grantee's signal origination or signal processing or signal distribution system and equipment, including, but not limited to, the towers, antennae, Headend, studio, trunk and distribution system, drops and fixed or portable equipment located on or off Subscriber-occupied property, shall comply with all applicable requirements of each of the following publications:

A. 

National Electrical Code published by the National Fire Protection Association (currently ANSI/NFPA 70-1993 and replaced by subsequently adopted editions);

B. 

National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc., (currently ANSI C2-1993 and replaced by subsequently adopted editions).

Grantee shall at all times comply with all other appropriate federal, state and local regulations and codes and other ordinances of the City.

15.176. 

Parental Lock-Out Device. The Grantee's Cable System or any Video Communications System shall include remote control and Converter box devices, which have the capacity to enable the Subscriber to lock out a single Channel or multiple Channels at the choice of the Subscriber. Grantee may impose a reasonable charge for parental lockout capacity or installation of such capacity on a remote control device or Converter box.

15.177. 

Auxiliary Power. The Grantee's Cable System or any Video Communications System shall be equipped with sources of auxiliary power at the Headend and along cable trunk line amplifiers for the purpose of continuation of service in the event of repairs, maintenance, power interruptions or power outages, in accordance with Grantee's design.

15.178. 

Grounding of System Equipment and Service Connections. Grantee shall properly ground all cable wiring and service connections, in accordance with the most current version of the National Electrical Safety Code and the National Electrical Code. Grantee shall also comply with any local ordinance pertaining to the establishment of electrical grounding standards and with any additional grounding standards established by electric or telephone companies, if Grantee has arranged to lease pole space from said companies. If Grantee has erected wiring and related appurtenances upon poles owned by private parties other than electric or telephone companies, Grantee shall comply with safety provisions established by the National Electrical Code.

15.179. 

Emergency Override.

[Ord. 6400, amend S. 15.179(A)(C), 10/6/1998]

A. 

Grantee shall configure the Cable System or any Video Communications System to enable carriage of audio emergency override cablecasting over all Channels of the Cable System, in accordance with FCC regulations. Said emergency override capability shall be designed to allow the Mayor of West Allis, or his designee, to activate the emergency override upon declaration of a public emergency.

B. 

Upon requirement by the FCC to participate in the Emergency Broadcast System, Grantee shall provide notification to the City within thirty (30) calendar days of receipt of such notification from the FCC, and shall provide its procedures for emergency broadcast to the City.

C. 

Emergency override services shall be provided to public, private and parochial schools, government buildings and local institutions connected to the Cable System or any Video Communications System, as well as residential subscribers, at no charge.

15.1710. 

Interference with Non-Subscriber and Public Safety Transmissions. Grantee shall operate the Cable System or any Video Communications System in a manner which will not create signal transmission interference with reception of audio or off-air television broadcast signals received by Persons not subscribing to cable television. Said Cable System shall not transmit signals which create interference with cellular, microwave or portable telephone signal transmission, amateur radio signal transmission and radio signal communications transmitted by public safety units of the City of West Allis, Milwaukee County or the State of Wisconsin.

15.1711. 

System Testing. Grantee shall comply with all Cable System or any Video Communications System testing regulations as specified in Title 47, Section 76, Subpart K, of the Code of Federal Regulations. Regardless of the total number of tests mandated by the FCC or other federal rules applying to this system, Grantee offers and Franchising Authority agrees that Grantee shall perform inspection of no less than six (6) test points within the Franchise Area each time Grantee conducts FCC mandated proof-of-performance testing. No less than one (1) test point shall be at a widely scattered end of the longest cascade within the City.

15.1712. 

Service Interruptions. The Grantee may interrupt service when necessary to cable Subscribers for the purposes of alteration, maintenance, repair or emergencies. Grantee shall create such interruptions at such time as will cause the least amount of inconvenience to its Subscribers and, unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to the affected Subscribers.

15.1713. 

New Equipment. All equipment shall be new and unused and the total Cable System or any Video Communications System shall contain no factory rebuilt or refurbished components. This shall not be construed as a prohibition against the use or integration of existing telecommunication equipment and facilities when such shall not materially degrade the performance standards for the Cable System.

15.1714. 

Antenna Switch/Removal of Antenna. The Grantee, upon request of any Subscriber, may provide and install, at a reasonable charge, a switching device so as to permit a Subscriber to continue to utilize his own television antenna, if he so chooses. Grantee shall not require the removal, or offer to remove or provide any inducements for removal of any potential or existing Subscriber's antenna, as a condition of provision of service.

15.1715. 

Signal Degradation. Grantee shall configure the Cable System or any Video Communications System to transmit signals to Subscribers' television sets in all portions of the Franchise Area which are not materially degraded by visual or audible distortion and interference. Grantee shall not be in violation of this Section of the Ordinance if, upon complaint of picture or sound degradation by a Subscriber, it is determined that the Subscriber's television set is not in good working order, or if the cause for said picture or sound degradation is found to be beyond the control of the Grantee.

15.1716. 

Technical Assistance. Upon the Franchising Authority's determination, based on a reasonable belief, the Franchising Authority may choose to engage a qualified technical consultant to aid the Franchising Authority in conducting oversight of the technical aspects of the Grantee's Cable System or any Video Communications System. The Franchising Authority may obtain the services for the technical consultant for a specific amount of time to be dedicated for said oversight and inspection. Grantee shall assume the expenses incurred by the Franchising Authority for said technical consulting services, if a deficiency is found. In the event that no deficiency is found, Franchising Authority shall pay said consulting expenses.

Ord. 6400, amend, 10/6/1998