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(a) Grantee Compliance. The Grantee shall meet or exceed the broad categories of programming and channel capacity requirements set forth in this franchise, and in all applicable federal, state or local statutes, regulations or standards.

(b) Channel Capacity. Upon completion of the upgrade of the cable system, the Grantee shall provide at a minimum a five-hundred-and-fifty-megahertz cable system with seventy-eight-channel capacity.

(c) Broad Programming Categories. The Grantee shall provide or enable the provision of at least the following initial broad categories of programming to the extent such categories are reasonably available:

(1) Educational programming;

(2) News and information;

(3) Sports;

(4) General entertainment (including movies);

(5) Children/family-oriented;

(6) Arts, culture and performing arts;

(7) Foreign language;

(8) Science/documentary;

(9) Weather information; and

(10) Government affairs.

(d) Ascertainment of Programming and Customer Satisfaction. Upon the Grantor’s written request, the Grantee shall provide copies of the executive summaries of pertinent parts of any customer surveys it conducts independently. If a survey was conducted not more than six (6) months prior to the third and sixth anniversary dates of the effective date of this franchise, or the date of any special evaluation session called by the Grantor, the Grantor shall utilize the same when conducting a general performance evaluation pursuant to Subsection 5-4(g) of this Article. If no survey has been conducted within six (6) months prior to the date of a general performance evaluation session, the Grantee shall upon written request inform subscribers via written notice that comments on programming are being recorded by the Grantor in anticipation of a general performance evaluation.

(e) Deletion or Reduction of Programming Categories.

(1) The Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the prior written consent of the Grantor.

(2) In the event of a modification proceeding under federal law, the mix and quality of cable services provided by the Grantee on the effective date of this franchise shall be deemed the mix and quality of cable services required under this franchise throughout its term.

(f) Obscenity. The Grantee shall not transmit, or permit to be transmitted over any channel subject to its editorial control any programming which is obscene under, or violates any provision of, applicable law relating to obscenity, and is not otherwise protected by the Constitution of the United States. The Grantee shall be deemed to have transmitted or permitted a transmission of obscene programming only if a court of competent jurisdiction has found that any of the Grantee’s officers or employees have permitted programming which is obscene under, or violative of, any provision of applicable law relating to obscenity, and is otherwise not protected by the Constitution of the United States, to be transmitted over any channel subject to the Grantee’s editorial control. The Grantee shall comply with all relevant provisions of federal law relating to obscenity.

(g) Parental Control Device. Upon request by any subscriber, the Grantee shall make available a parental control or lockout device, traps and/or filters to enable a subscriber to control access to both the audio and video portions of any or all channels. The Grantee shall inform its subscribers of the availability of the lockout device at the time of their initial subscription and annually thereafter, in accordance with the Grantor’s customer service standards. Any device offered shall be at a rate, if any, in compliance with applicable law.

(h) Leased Access Channels. The Grantee shall comply with the leased access channel requirements imposed by federal law.

(i) Broadcast Channels. To the extent required by federal law, the Grantee shall provide to all residential subscribers the signals of:

(1) Local commercial television stations and qualified low power stations; and

(2) Qualified local noncommercial educational television stations.

(j) Continuity of Service.

(1) It shall be the right of all subscribers to continue to receive cable services from the Grantee insofar as their financial and other obligations to the Grantee are honored. Subject to the force majeure provisions of Subsection 5-4(f) of this Article, the Grantee shall use its best efforts to ensure that all subscribers receive continuous, uninterrupted cable service regardless of the circumstances. For the purpose of this Subsection, interrupted does not include short-term outages of the cable system for upgrade, maintenance or testing of the cable system.

(2) In the event of a change in ownership of the Grantee, or in the event a new cable operator acquires the cable system in accordance with this franchise, the Grantee shall cooperate with the Grantor and such new cable operator in maintaining continuity of service to all subscribers.

(3) Subject to the force majeure provision in this franchise, failure of the Grantee to operate the cable system for seven (7) consecutive days, without prior approval of the Grantor, may be considered a material breach of this franchise and sufficient ground for the Grantor to invoke any relevant penalty provision of this franchise. (Ord. 731 § 1, 2004)