§ 114.12  SYSTEM DESIGN PROVISIONS.
   (A)   Emergency override. The cable system shall include an “emergency alert” capability which will permit the Mayor or his or her designee to override, by remote control, the video and/or audio of all channels simultaneously programming in the case of public emergencies. The franchisee shall designate a channel which will be used for emergency broadcasts.
   (B)   Standby power. The franchisee shall maintain equipment capable of providing standby powering for headend. The equipment shall be constructed so as to notify automatically the cable office when it is in operation and to revert automatically to the standby mode when the AC power returns.
   (C)   System standards. The franchisee shall install and maintain a cable system which shall be in accordance with the highest and best accepted standards of the industry to the end that subscribers shall
receive the best possible service. In addition, the franchisee shall comply with all requirements of all duly constituted regulatory agencies having jurisdiction over cable television or the operator of the cable system.
   (D)   State of the art. The franchisee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of production technology will allow. The franchisee shall install additional channel capacity as required to keep channel capacity in excess of demand therefor by users. At all times, the cable system shall be no less advanced than any other system of comparable size and age excepting only systems which are experimental, pilot or demonstration. The Board of Commissioners shall order the franchisee to comply with this section in case of specific violations, which it may investigate upon complaint or on its own motion.
   (E)   System carriage.
      (1)   At all times, the signal carriage and channel utilization shall conform to the regulations of the FCC, state and other regulatory agencies which are not in conflict therewith. The operator shall provide at least one access channel for each of the following activities:
         (a)   Public access;
         (b)   Educational access; and
         (c)   Government access.
      (2)   As each of these channels is defined under FCC regulations, such channels shall not be required to remain idle if not in use by the public, but rather can be used by the franchisee to produce revenue. Except in cases of emergency, governmental units must give ten days’ notice of intent to use.
(Prior Code, § 114.12)  (Ord. passed 11-12-1981)