§ 25.25. System Description and Service.

A.

Applications for Franchise shall include proposals for the provision of certain specific access channels. Such proposals by a Grantee shall be incorporated as part of the franchise granted, and shall be subject to the following minimum requirements:

1.

A minimum of two (2) channels shall be reserved for public, educational and governmental access. The proposed number of PEG access channels shall be reserved by the Grantee unless a lesser or greater number is agreed to in the Franchise Agreement.

2.

The Grantee shall keep records of usage and requests for usage of such access channel(s) and, upon request by the City, shall furnish such records to the City for review. If based upon such records of usage and requests for usage of the access channel(s) the Orlando City Council determines that there is a public need for an additional channel or a portion of a channel, then the Grantee upon request by the City, shall make available an additional channel or a portion on an additional channel for such purposes; provided, however, the Grantee shall not be required to dedicate for such purposes more than two (2) additional channels full-time or fifteen percent (15%) of its available downstream channel capacity, whichever is less.

3.

Unless otherwise indicated in a Franchise, the operation of the public and educational access channels shall be governed by a plan developed by the Grantee, and approved by the City, which will promote community involvement and utilization of the access channels and, with respect to public access channels only, shall include safeguards against direct and indirect program censorship to the extent permitted by law.

4.

The City reserves the right to establish a not-for-profit corporation or a municipal board to develop a plan to govern and promote community utilization of the access channels. The City will attempt to provide a membership composition of any such Board which will include representation of other entities involved in the interconnected access system.

5.

The use of the access channel(s) may be coordinated with the use by other franchising authorities within the Orlando metropolitan area, subject to compliance with the provisions of this ordinance.

6.

In the event the Grantee provides a leased access channel, then the Grantee shall adopt operating rules for the channel(s), which will be consistent with the terms of this ordinance.

7.

The Grantee shall provide adequate staff, equipment and facilities, including a production studio, necessary for the production of programming and to operate the access channel(s). These provisions shall be made at the Grantee's expense.

B.

Except to the extent more services or greater use of facilities without charge are agreed to in the Franchise Agreement, the Grantee shall provide, without charge within the service area, at least one service outlet activated for regular subscribers service to each fire station, public school, police station, public library, and each other building used for governmental purposes as may be designated by the City, provided such buildings are not in excess of five hundred (500) feet from an existing aerial or buried drop line, and the Grantee shall not charge for the provision of regular subscriber service to the service outlets once installed. However, unless otherwise agreed to in the Franchise Agreement, the Grantee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing more than one outlet, or concealed inside wiring.

C.

Obscene material.

1.

Grantee and all other Persons using or making use of the Cable Communications System shall comply in all respects with applicable federal, state, and local laws and ordinances, including Florida Statutes §§ 847.011 and 847.07, or any successor statutes thereto, regarding the broadcasting, exhibition, display or showing of obscene material and shall not broadcast, exhibit or display material judged to be obscene by any court.

2.

Compliance with paragraph one hereof is subject to applicable judicial decisions and other restrictions and limitations imposed by law.

3.

Violation of this section by the Grantee shall be deemed a material breach of any Franchise and shall subject the Grantee to all penalties and remedies provided for herein or in the Franchise Agreement, as well as all other remedies, both legal and equitable, available to the City. To the extent permitted by law, a willful violation of this section by a Lessee shall bar that Lessee from utilizing the cable System for a period of one year following such violation and shall subject the Lessee to all penalties and remedies, both legal and equitable, available to the City.

D.

The Grantee shall, upon the request of a Subscriber, provide to the Subscriber a parental control device or other feature (the type or model of which shall be in the discretion of the Grantee), capable of locking out or distorting beyond recognition the video and audio signals of any Channel or Cable Service during periods selected by the Subscriber.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)