San Francisco County Municipal Code Art. VI Cable System Requirements

Sec. 11.45. Applicability. Sec. 11.46. Customer Service Requirements. Sec. 11.47. Technical Requirements. Sec. 11.48. Rate Regulation. Sec. 11.49. Subscriber Privacy. Sec. 11.50. Type of Franchise. Sec. 11.51. Compliance With Customer Service Standards and Consumer Protection Laws. Sec. 11.52. Public Service Announcements in the Event of an Emergency. Sec. 11.53. Interconnection.

In addition to satisfying requirements established in a Franchise, all of the provisions of this Article VI shall apply to Cable Systems providing Cable Service to Subscribers, except as prohibited by Applicable Law. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

(a) Technical Standards. All Cable Systems shall meet or exceed the technical standards set forth in 47 C.F.R. Subpart K (Sections 76.601and any other applicable technical standards established by Applicable Law. (b) Tests. A Cable System Grantee shall perform all tests necessary to demonstrate compliance with technical and performance standards established by its Franchise and other Applicable Law. Unless a Franchise or Applicable Law provides otherwise, all tests shall be performed following procedures prescribed by the Department. A written report of any test results shall be filed with the City within seven (7) City business days of a request by the City. If a location fails to meet technical or performance specifications, the Cable System Grantee shall, without requiring additional action by the City, promptly take corrective action, retest the locations until compliance is achieved, and report the results of its corrective action to the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

The City reserves all power to implement and impose regulation on a Cable System's rates and charges to the maximum extent permissible under Applicable Law. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Every Cable System Grantee or UVPP shall at all times protect the privacy of all Subscribers by implementing and complying with the provisions of 47 U.S.C. Section 551. A Grantee or UVPP shall not condition the provision of Service on the Subscriber's grant of permission to disclose information which, pursuant to Applicable Law, cannot be disclosed without the Subscriber's explicit consent. Any notice provided to a Subscriber pursuant to subsection (a) of 47 U.S.C. Section 551 shall inform the Subscriber, in type of equal size and prominence to the rest of the notice: (1) that the Subscriber cannot be denied Service for failure to grant permission to disclose information requiring the Subscriber's consent; and (2) that the Subscriber shall have the right to prevent disclosure of his or her name and address. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

A person holding a Cable System Franchise that is not for an OVS may not acquire an OVS Franchise for the same Facilities unless the Person applies for an OVS Franchise. Similarly, a Person holding an OVS Franchise may not acquire a Cable System Franchise that is not for an OVS unless the Person applies for an appropriate Franchise. In either case, the Person's acceptance of a new Franchise Pursuant to Section 11.13(j) above shall not be effective unless it includes an instrument in a form approved by the City Attorney surrendering the pre-existing Franchise. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

LAWS. A Cable System Grantee or UVPP shall, at all times, comply with all applicable customer service standards and consumer protection laws established by Applicable Law, including, without limitation, those established by the FCC at 47 C.F.R. 76.309. A Cable System Grantee or UVPP shall also comply with any additional customer service standards established by the City from time to time that exceed or address matters not addressed by the standards established by other Applicable Law and any consumer protection laws enacted by the City from time to time that are not specifically preempted by other Applicable Law. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Every Cable System Grantee shall install and maintain an emergency alert system that can override audio and video on all channels to provide an emergency alert to Subscribers. Such an emergency alert system must be designed and maintained so that local officials designated by the City can activate the system remotely without the Grantee's assistance. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

To the extent financially and technically possible and when requested by the City, a Cable System shall interconnect with another Cable System within or adjacent to the City and with any City-owned communications network for which the City requests interconnection, on fair, reasonable, and non-discriminatory terms for purposes of ensuring the full availability of access to public, educational, and government access signals. Such interconnection shall not give any Person the right to use or distribute another Person's Proprietary, commercial programming. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)