Section 5.33.070 Extension of network and programming.

A. Extension throughout service area. Service shall be extended to all properties where a minimum of ten (10) living units are occupied within a quarter linear mile of any area currently serviced by the operator. New construction shall be in accordance with an annual schedule accepted and approved by the City.

B. The Franchisee, in its discretion, may choose to serve customers on either the CATV system or the IPTV system, but shall not be required to build both to every person in the Franchise Area.

C. Whenever the Franchisee receives a request for services from a subscriber in a contiguous un-served area where there are at least ten (10) residents within 1320 cable-bearing strand feet (one-quarter mile) from the portion of the Franchisee's trunk or distribution line which

is to be extended, it shall, subject to the provisions of subsection F below, extend its system to such subscribers at no cost to said subscribers for the system extension, other than the published standard installation fees charged to all subscribers provided that the quality of service normally provided by the operator can be obtained at that location. If the provider determines that it cannot provide such service, it shall notify the City of such determination in writing detailing the reasons why such service cannot be provided. Such notification shall be presented to the City Council for their review and final determination. In instances when the distance from distribution line is greater than 1320 cable-bearing strand feet, service may be made available on the basis of costs of materials, labor and easements, paid in advance by the Subscriber, in order to prevent inequitable burdens on cable subscribers in more densely populated areas.

D. Nondiscriminatory service. Construction of the network shall be performed by the operator in such a manner as to ensure that no group of potential subscribers is denied access to services because of the income level of the group or because of the relative cost of extending

E. Service to public facilities. The operator shall provide at no cost, one basic service outlet to all City buildings, fire houses, police stations, colleges, universities, public schools, and libraries, upon request, which are within the City, and passed by the network. An additional service outlet

shall also be provided in each room or area where television reception is desired in any of the above-mentioned buildings, provided that the operator shall be reimbursed its actual cost for labor and materials required in the installation of such service outlets which are additional to the

F. Type of programming. The City may suggest, from time to time, broad categories of video programming and other services that are compatible with community needs and interests as identified by the City. The operator shall not offer programming which is obscene, or is otherwise unprotected by the Constitution of the United States.

H. Emergency use. In the case of any emergency or disaster, the operator shall, upon request of the City, make available its "Emergency Alert System" facilities for the City to provide emergency information and instructions during the emergency or disaster period. The City agrees to cooperate with other local governmental entities regarding the use of the override capabilities in order to prevent two or more governmental entities from demanding use of the system at the same time. Except, to the extent expressly prohibited by law, the City shall hold the operator, its employees, officers, and assigns, harmless from any claims arising out of the emergency use of its facilities by the City.