Chapter 4.70 BROADBAND TELECOMMUNICATIONS NETWORKS


Section 4.70.410 Compliance with applicable laws and regulations.

    1. The franchisee, at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and with any directive of any public officer pursuant to law who shall legally impose any regulation, order or duty upon the franchisee with respect to the franchise.
    2. The franchisee shall comply with the rules and regulations of the Federal Communications Commission in effect on January 1, 1984, regarding the mandatory carriage of broadcast signals.  In the event that such rules and regulations are repealed, vacated, abandoned, or modified, the franchisee, to the extent consistent with federal rules and regulations, shall continue to carry the broadcast signals which it was required to carry on January 1, 1984, under the same terms and conditions then in effect.
    These signals shall be carried as a part of basic service.
    Any broadcast signal of a television station carried pursuant to FCC rules and regulations will:
        a. Be carried without material degradation in quality (within the limitations imposed by the technical state of the art) and in accordance with the technical standards of the FCC rules and regulations and this chapter;
        b. Be carried, on request of the station licensee or permittee, on the channel number on which the station is transmitting, except where technically infeasible, or where such carriage will place the signal outside the basic level of service; and
        c. Be carried in full, without deletion or alteration of any portion, except as required by federal regulation.
    There shall be no fee charged by the franchisee or the television stations either to the other for the broadcast signals carried on the BTN, except that this requirement shall not be construed to require the franchisee to carry, at no charge, the signals for which the television station, television network, or any other party receives remuneration from any recipient of the signal or of the material transmitted.
    In no event shall the programming services contained within the franchisee's basic service be reduced or altered without prior notice to the city council.  The city council may, if it deems it appropriate, conduct a public hearing on the proposed change in basic service.  (Ord.84/T-2805; S-35454, 1978)