§ 103.47 — Cable programming

§ 103.47. - Cable programming.

(a) Categories of service to be provided. A grantee shall provide on the cable system all over-the-air broadcast stations required to be carried by federal law or FCC regulations. A grantee shall provide a wide range and diversity of programming for subscribers residing in the franchise area. Categories of programming comparable in quality, mix, and level to be provided by the grantee to subscribers shall include without limitation: (1) Local, regional, national, and international news programs. (2) Local, regional, national, and international sports and sporting events. (3) Local, regional, and national weather. (4) Educational programming. (5) Childrens programming. (6) Music programming (including audio music services). (7) Public affairs programming. (8) General entertainment programming, including movies. (9) Health and Lifestyle programming. (10) Cultural and ethnic programming. (11) Premium and pay-per-view programming. (12) Financial and business-related programming. Where a broadcaster providing over-the-air broadcast service to a grantee has not reached an agreement with the grantee for carriage of the broadcaster's signal by the deadline established by the FCC ("retransmission consent"), the grantee shall not be obligated pursuant to this article or a franchise agreement to carry said signal until such agreement has been reached. (b) The grantee shall comply with all applicable laws concerning the cablecasting of obscene programming. (c) Unless otherwise provided in a franchise agreement, a grantee shall dedicate an amount of channel space on its cable system at a minimum level of one channel for public access channel programming, one channel for educational access channel programming, and one channel for government access channel programming. Grantee shall, if practicable, cluster access programming channels together. (1) The public access channel shall be made available to residents of the city on a first-come, first-served basis. The operator of the public access channel shall adopt operating rules for the public access channel, designed to prohibit the presentation of any advertising material designed to promote the sale of commercial products or services, including advertising by candidates for public office, lottery information, and programming in violation of federal, state, or local law. The operator of the public access channel shall keep a complete record of the names and addresses of all persons, groups, or users requesting access time. The operator of the public access channel shall provide said record to the franchising authority upon request. (2) The educational access channel shall be made available for the use of all schools which have been granted a certificate of recognition by the Illinois State Board of Education, and public libraries, free of charge. Consistent with § 612 of the Cable Act (47 U.S.C. § 532), an educational access channel shall not carry paid advertising to the extent that it would be considered a channel for commercial use. At such time as the educational access channel has reached a level of live, taped, and text-based programming as such level is specified in a franchise agreement, which necessitates the provision of a second educational access channel, the City of Springfield, and any other educational access channel users shall meet and confer with a grantee to establish the creation of a second educational access channel. (3) The government access channel shall be made available for the use of the City of Springfield and any other units of local government serving the franchise area free of charge. At such time as the government access channel has reached a level of live, taped, and text-based programming as such level is specified in a franchise agreement, which necessitates the provision of a second government access channel, the City of Springfield, and any other government access channel users shall meet and confer with a grantee to establish the creation of a second government access channel. (d) Distribution of public access and government access programming: In the event that there is more than one cable operator providing cable service to the franchise area, or one or more multichannel video providers, the city shall not be precluded from providing or causing to be provided, governmental access channel programming produced by the city or public access channel programming produced by the University of Illinois-Springfield (UI-S), to any cable operator or multichannel video provider if such cable operator or multichannel video provider provides a separate, direct link to the point of signal origination. Where a grantee controls and supervises a public access channel, the grantee shall be exempt from the requirements of this subsection. (e) The content of programs on public, educational, and government access channels shall not be controlled by the grantee. In the event that a grantee controls and supervises a public access channel, the grantee shall be exempt from the requirements of this subsection as they pertain to public access channel programming only. (f) A grantee shall provide leased access channel space or a portion of channel space for leased programming consistent with the Cable Act and FCC regulations.

(Ord. No. 613-11-02, § 1, 11-19-02)