§ 25-3-103. MINIMUM OPERATIONAL STANDARDS.

(a)

"Leased access channel" defined. In this section, "leased access channel" means a channel designated for commercial use by a person unaffiliated with a franchisee.

(b)

In general.

(1)

A franchisee shall comply with the minimum requirements for facilities and services established under this section.

(2)

The terms of a franchise agreement may require a franchisee to exceed the minimum requirements established under this section.

(3)

The County Council may waive the minimum requirements established under this section if the waiver is justified in the public interest.

(c)

Channels.

(1)

A cable system may be required to have a minimum capacity of video channels available for immediate or potential use and have the capability of two-way communications.

(2)

(i)

A cable system shall provide at least three access channels the use of which shall be designated by the county.

(ii)

A franchise agreement may require a franchisee to contribute capital costs for programming facilities and related equipment for access channels.

(iii)

A franchisee may utilize access channels for its own programming, subject to regulations and procedures adopted by the county in accordance with § 611(d) of the Federal Communications Act of 1934.

(3)

A cable system shall provide leased access channels as required under federal law or regulations.

(4)

A franchise agreement may require a franchisee to provide services and related equipment to county governmental buildings without charge.

(5)

A franchisee shall make available to its subscribers, on a sale or lease basis, equipment capable of decoding closed captioned programming for the hearing impaired.

(6)

At the request of a subscriber, a franchisee shall provide, on a sale or lease basis, a parental control device that allows the subscriber to eliminate reception of adult and premium cable channels.

(d)

Duty to make cable service available.

(1)

A franchisee shall make cable service available to every unserved dwelling within the county where the dwelling is in an area with a minimum density of 30 dwellings per mile as measured in strand footage from the nearest connection point on the active cable network trunk or feeder line.

(2)

If potential residential subscribers reside in an area of the county with a density threshold below the prescribed minimum, a franchisee shall extend service to the area if:

(i)

The potential residential subscribers agree to pay a one-time charge equivalent to the franchisee's construction cost for each dwelling passed above the franchisee's cost at the minimum dwelling density; or

(ii)

The residents of at least 15 dwellings per cable mile agree to subscribe to cable service for at least 1 year.

(3)

If cable service is extended to an area under paragraph (2)(i) of this subsection, new residential subscribers added during the first year shall pay a pro rata share of the original construction costs and the franchisee shall give pre-existing residential subscribers a proportional rebate of their construction contributions.

(e)

Cable facilities available for emergency or disaster. If a public emergency or disaster arises, a franchisee shall make available its facilities, at the request of the county, to provide the public with appropriate announcements or information during the emergency or disaster period.

(f)

Interference with other signals prohibited. The operation of the franchisee's cable system may not interfere, in any way, with the right of a county resident to utilize an individual antenna for the purpose of receiving television and other signals over the air.

(g)

Signal quality. At all times during operation of the franchisee's cable system, the franchisee shall furnish to the residential subscribers the best possible signals that the system's technology is capable of providing.

(1988 Code, §§ 8-2, 8-6) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004; Bill No. 17-07, § 2 (part), 3-16-2007)