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The city may require, as a condition of grant of franchise (and to the extent not clearly prohibited by applicable state or federal law) any or all of the following:

A. Minimum channel capacity of 85 channels of video programming to its customers in the franchise area, including basic cable.

B. A plant having the technical capacity for nonvoice return, or “two-way” communications. Two-way capability shall be activated from identified user locations upon reasonable notice by the city to the company provided that such operations shall be economically feasible.

C. Programming and subscriber service which takes into account (1) requirements and limitations imposed by the FCC and other governmental entities with authority, (2) developments and innovations in telecommunications technology, (3) the desires of the community expressed through the city council, city administration, and any advisory board created for this purpose, (4) the need to ensure healthy competition between providers of programming and services, and (5) any other matters deemed to be in the best interest of the city.

D. One free drop for basic subscriber service at each public facility or private educational facility as designated by the city.

E. The capability to provide a full production studio or equipment and facilities capable of color broadcasting within the city and other related TV production equipment and facilities for local production and presentation of cable case programs other than automated services and shall facilitate its use for the production and presentation of public, educational and governmental access programs. Such obligation may be accomplished by the company’s building and maintaining such facilities or through a cooperative arrangement acceptable to the city with one or more appropriate entities. In the event such arrangement is not approved, the company’s obligation may in part be met by the purchase and maintenance of portable or mobile facilities and equipment pursuant to a plan acceptable to the city. Implementation of the delivery of such local origination programming through the utilization of the equipment and facilities described above shall be provided as directed by the city, and shall be subject to the subsequent periodic review of the city. This provision shall not be construed to authorize the city to interfere with the company’s First Amendment rights.

F. Upon request by any subscriber, the company shall make available a parental control or lockout device that will enable the subscriber to block all access to any and all channels without affecting those not blocked. The company shall inform subscribers of the availability of the lockout device at the time of original subscription and annual thereafter.

G. The company shall incorporate into its cable television system the capacity which will permit the city, in times of emergency, to override, by remote control, the audio portion of all channels simultaneously. The company shall designate a channel which will be used for emergency broadcasts of both audio and video. The company shall cooperate with the city in the use and operation of the emergency-alert override system. [Ord. 2012-05-030; Ord. 1998-09-075; Ord. 9121 § 11, 1982; Ord. 8999 § 34, 1981].