§ 5.20.060. Interconnection for PEG programming.

Each holder of a state franchise, and each incumbent cable operator operating under a city franchise issued pursuant to this Code, shall negotiate with each other in good faith to interconnect their networks for the purpose of providing PEG programming including, but not limited to, any exclusive city use channel. Interconnection may be accomplished by any means authorized under Public Utilities Code § 5870(h). Each holder of a state franchise and any incumbent cable operator shall provide interconnection of PEG channels including any exclusive city use channel on reasonable terms and conditions and may not withhold the interconnection. If a holder of a state franchise and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the city may require the incumbent cable operator to allow the holder of the state franchise to interconnect its network with the incumbent cable operator's network at a technically feasible point on the state franchise holder's network as identified by the holder or as otherwise permitted by applicable law. If no technically feasible point for interconnection is available, the holder of a state franchise shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state franchise holder requesting the interconnection unless otherwise agreed to by the state franchise holder and the incumbent cable operator. To the extent not inconsistent with Public Utilities Code § 5870(h), the city manager or the city manager's designee may waive, modify or defer this requirement of interconnection in his or her sole discretion.

( Ord. No. 966B, § 6, 5-8-2018 )