6.22.050 Statement of Intent

6.22.050 Statement of Intent.

(1) The Council recognizes the United States Congress’ intent in approving the CCPA (expressed in Section 601--codified at 47 USC 521, as amended). As such, the Council reaffirms and adopts those principles and ideals as part of the City’s intent with respect to cable television and expands its intent, to the extent permitted by law, to cover all MCS providers.

(2) As expressed by Congress, and adopted by the Council its intent is as follows:

(a) establish a local policy concerning communications and technologies;

(b) establish franchise procedures and standards which encourage the growth and development of cable systems which assure that cable systems are responsive to the needs and interests of the City;

(d) assure that cable communications provide, and are encouraged to provide, the widest diversity of information and services to the public;

(e) establish an orderly process for franchise renewal which protects cable operators against unfair denials of renewal where an operator’s past performance and proposal for future performance meet the standards set by this chapter; and

(f) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.

(3) In addition to principles and ideals listed in Subsection (2) of this Section, the Council also expresses that its intent covers the following:

(a) creating a set of regulations, standards, and procedures for MCS providers;

(b) creating a comprehensive customer service and consumer protection policy for MCS providers;

(c) providing for access and inspection of an MCS provider’s books and records in order to monitor compliance of local, State, and Federal laws, and any franchise agreement (if one has been granted);

(d) creating a thorough construction and installation policy for an MCS provider’s system;

(e) providing for the health, safety, and welfare of the citizens of the City in light of the MCS provider’s construction, operation, and maintenance;

(f) providing for emergency override capability, so that citizens of the City may be warned of a potential, imminent, actual disaster or emergency situation that exists in the area;

(g) creating a thorough procedure for collecting and monitoring franchise fees and alternative user charges;

(h) creating a viable alternative to franchise fees in case such fees, or their collection, are ruled invalid, unenforceable, or unconstitutional;

(i) creating a thorough default and revocation procedure for licensed and franchised MCS providers;

(j) providing for continuity of services in the event of City acquisition, abandonment, withdrawal, cessation of service, revocation, termination, non-renewal, or expiration of an MCS provider’s franchise; and

(k) creating a performance review procedure in order to assist the City in its periodic evaluation of a franchised MCS provider’s performance.