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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 82-463 <br /> <br />RESOLUTION APPROVING PROCEDURE TO CORRECT <br />TECHNOLOGICAL DEFECTS IN VIACOM EQUIPMENT <br /> <br />WHEREAS, <br /> <br />Viacom, the City of Pleasanton's CATV franchisee, <br />has experienced a serious problem of "leakage" of <br />the premium channel "Escapade" into the homes of <br />nonsubscribers, and allegations have been made <br />that the availability of parental control devices <br />have not been adequately advertised; and <br /> <br />WHEREAS, <br /> <br />public hearings were held on September 28, 1982 <br />and November 23, 1982 regarding this problem and <br />Viacom's compliance with the terms of its franchise, <br />at which time Council took testimony from the <br />public and representatives of Viacom; and <br /> <br />WHEREAS, <br /> <br />Viacom has asserted that new equipment is being <br />purchased which is intended to remedy the existing <br />"leakage" problem; and <br /> <br />WHEREAS, <br /> <br />the City Council is desirous of having the existing <br />problems remedied as soon as possible and, if <br />Viacom's planned system modification is successful, <br />it will make a finding of noncompliance with the <br />franchise terms unnecessary; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: A CATV system "operated with the highest and <br /> best accepted standards of the industry," as <br /> required by the franchise, is hereby determined to <br /> be one in which no nonsubscriber of adult fare <br /> programming is capable of receiving either audio <br /> or video portions of such programming through use <br /> of the system components provided by the system <br /> operator. <br /> <br />Section 2: Viacom intends to meet the above standard through <br /> modifications of its system which shall be implemented <br /> as soon as possible in accordance with the following: <br /> <br />The present Scientific Atlanta 6700 system <br />shall be replaced with the Zenith Z-tac system. <br /> <br />During the transition period of replacement <br />of the present system with the Zenith Z-tac <br />system, Escapade subscribers shall be the <br />first to obtain replacement Zenith equipment; <br />the replacement of Escapade subscribers' <br />equipment shall begin no later than February 1, <br /> <br /> <br />