(A) The city may require an MCS provider, as a means of protecting the health, safety and welfare of the public and of communicating with the public, who utilizes a means of transmission that allows such, to provide a technology or service that:
(1) Provides effectively instantaneous access into potentially every home, regardless of whether or not one subscribes to basic cable service;
(2) Does not require that the television be turned on, or the volume turned up to receive the message;
(3) Does not require that the resident be home at the time of transmission to receive the message;
(4) Covers the entire range of human hearing;
(5) Stores the message in case no one is home at the time;
(6) Has an emergency audio alert intended to awaken a sleeping individual;
(7) Can notify any one, or combination of discreet segments of the population, without unnecessarily alarming the rest of the populace;
(8) Provides a different alert notification for emergency and non-emergency situations;
(9) Is tied directly into the local office of the National Weather Service's Site Selection weather warning service and standard weather radio service.
(B) In the event the city chooses not to require the provision of the technology or service, the MCS provider shall reserve the bandwidth necessary for the provision of the service for use by any third party designated or approved by the city/franchising authority.
(C) The city/franchising authority designates the necessary bandwidth as a form of Governmental Access and as such may require the provision of the necessary bandwidth at no charge.
(D) The city/franchising authority requires the MCS provider the necessary bandwidth to fully and completely cooperate with the city/franchising authority, and any third party provider of the service, in all matters related to the provision of the service, including but not limited to:
(1) Making the public aware of the availability of the service;
(2) Educating the public as to the benefits, value and use of the service;
(3) The distribution and installation of any in-home device(s) needed for the reception and use of the service;
(4) The provision of the service to the public.
(E) The city may allow the operator to propose an alternative technology or service that meets, to the extent possible, the capabilities set forth in division (A).
(Ord. 4-1994-20, passed 4-12-94)