(A) In accordance with the provisions of FCC Regulations part 11, subpart D, § 11.51(h)(1), and as those provisions may from time to time be amended, the franchisee shall install, if it has not already done so, and maintain an emergency alert system (EAS) for use in transmitting emergency act notifications (EAN) and emergency act terminations (EAT) in local and state-wide situations as may be designated to be an emergency by the local primary (LP), the state primary (SP) and/or the state emergency operations center (SEOC), as those authorities are identified and defined within FCC Regulations § 11.51.
(B) The franchising authority shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall indemnify and hold harmless the franchisee, its employees, officers and assigns from any claims arising from use of the cable system or the EAS equipment by the franchising authority, its employees, authorized representatives or designees, including, but not limited to, reasonable attorney fees. Additionally, the franchising authority shall indemnify, save and hold harmless the franchisee against damage, loss or inappropriate use of the equipment and shall agree to use due care and to take reasonable precautions against damage, loss or inappropriate use of the EAS equipment or other cable system equipment which may be used during a declared emergency.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)