820.07   SYSTEM DESIGN AND SPECIFICATIONS.
   (a)   Channel Capacity.
      (1)   A franchisee shall construct, and thereafter operate and maintain, a cable communications system that shall initially be capable of delivering  the minimum number of channels specified in the franchise agreement.  Applicants may provide greater channel capacity.  A set top converter shall be provided by a franchisee when required to enable subscribers to receive programming services. Any fee charged by a franchisee for a set top converter shall be in accordance with applicable law.  A franchisee may also require a refundable deposit not to exceed the franchisee's actual cost of the converter, but only if the franchisee has required such deposit in adjacent cable systems. A franchisee shall not be required to pay interest on the refundable deposit.  The refundable deposit may be required by a franchisee for each set top converter provided and the responsibility for normal maintenance of the converter shall be that of the franchisee and no charges for the repair of the converter shall be made except in cases of subscriber misuse.  There shall be no charge for removal of the converter.
      (2)   When required by Federal law, a franchisee shall provide, as part of its cable communications system, all television broadcast signals, as presently available or as may become available off the air in the Village, and the maximum number of additional television signals consistent with the rules and regulations of the FCC and all other applicable laws, rules or regulations. A franchisee's system shall be designed, engineered and maintained so as not to interfere with the television and radio reception of residents of the Village who are not subscribers to the system.
      (3)   A franchisee shall offer all channels and programming specified in its application and the franchise agreement.  Changes in service may be made only if authorized by the Village Council and incorporated into an amended franchise agreement except as otherwise provided by law.
   (b)   Lock-out Device.  A franchisee shall provide, at no charge to subscribers, a lock-out mechanism that prevents viewing of any pay channel.  This mechanism shall be provided upon request of the subscriber. A franchisee shall make all subscribers, prior to installation, aware of the availability of this device.
   (c)   Services to Educational Institutions.  A franchisee shall provide, at no charge throughout the term of the franchise, such services, equipment and facilities devoted to educational use as specified in the franchise agreement.
   (d)   Timetable for Establishment of Educational Services.  The educational services, equipment and facilities shall be furnished by a franchisee within the time periods specified in the franchise agreement.
   (e)   Future Educational Facilities.  In addition to the currently existing educational facilities and buildings benefiting from the provisions of subsection (c) hereof, the same services shall be provided to all future such facilities and buildings.  Such services may be suspended to buildings no longer used for public purposes.
   (f)   Government Access Channels.  A franchisee shall provide, at no charge throughout the term of the franchise, such services, equipment, and facilities devoted to Village governmental use as specified in the franchise agreement.  Such services, equipment and facilities shall be furnished within the time periods specified in the franchise agreement.
   (g)   Cost and Maintenance of Equipment
      (1)   When required by a franchise agreement, all maintenance, repair and periodic update/replacement of the original equipment shall be provided by a franchisee at no charge to the educational institutions or any other governmental agency.  The level of service provided shall be sufficient to assure that each unit of equipment operates satisfactorily at least ninety- five percent of the elapsed time desired for use during any ninety-day period.  Responsibility for maintaining appropriate operating and failure statistics shall be that of the institution or agency. A franchisee shall be notified promptly by the institution or agency whenever a failure occurs and maintenance or repair service is required.
      (2)   When required by a franchise agreement, any major additional equipment which may be acquired, and which is clearly not a replacement for originally installed equipment, may be provided through a franchisee at the lowest possible cost for comparable equipment with acceptable quality.  Lowest cost shall be evidenced by competitive bids from at least three suppliers of such equipment, each of whom have records of previous sales with acceptable performance.  Such equipment shall be warranted by a franchisee to the educational institution for a period of not less than one year after installation of each unit of equipment.  During this warranty period, all maintenance, repair and replacement, if necessary, shall be provided by a franchisee at no charge to the institution in order to provide a minimum ninety-five percent level of service as described above for the original equipment requirements.
   (h)   Public Access Channels.
      (1)   Throughout the duration of a franchise, a franchisee shall make available, at no cost, such public access channels exclusively dedicated for use by the public as specified in the franchise agreement. Priority in use of the channel and public access playback facilities shall be given to residents, taxpayers, and persons affiliated with tax-exempt organizations as set forth in Section 501(c)(3) of the United States Internal Revenue Code, within the Village, and to residents, taxpayers and persons affiliated with the aforementioned organizations in municipalities that enter into an agreement with the Village for cooperative use of the public access channel and its related studio and facilities.  Use of the public access studio and production equipment shall be restricted to residents, taxpayers and persons affiliated with such organizations.
      (2)   A franchisee shall provide such public access studios, facilities, and equipment as specified in the franchise agreement.
      (3)   In order that there is maximum opportunity for freedom of expression by members of the public, public access programming shall be free from any control by a franchisee as to program content except as required by the FCC or to protect a franchisee from liability under appropriate law to the extent such exceptions are permitted by law.
      (4)   Reasonable rules and procedures governing use of and charges for use of any public access channel shall be established by the cablecasting board upon the approval of the Village Council.
   (i)   Leased Access Channels.  A franchisee shall make any unused channels available for lease to any organization, group, or individual on a first-come, first-served basis.  At least one channel must be available for leasing on a part-time basis. A franchisee shall not exercise program controls over leased channels, but it shall adopt rules governing the leasing of channel space which:
      (1)   Provide for access on a first-come, nondiscriminatory basis;
      (2)   Prohibit the presentation of lottery information and obscene or indecent matter;
      (3)   Require sponsorship identification;
      (4)   Specify an appropriate rate schedule; and
      (5)   Permit public inspection of the record of the names and addresses of all persons or groups requesting time, which record shall be retained for a period of two years.
   (j)   Additional Channel Capacity.  If any public, governmental or educational access channel is cablecasting locally produced, non-duplicative programming, Monday through Friday for eight consecutive hours for ten consecutive weeks, a franchisee shall report that fact to the Cablecasting Board.  For purposes of this threshold, character generator programming shall not qualify.  The Cablecasting Board shall investigate the need for the addition of a new channel or channels and file its recommendations with the Village Council.  After review of the Cablecasting Board report, the Village Council may, in its discretion, require a franchisee to make a new channel available within six months for any or all of the uses and under the conditions specified in subsections (c), (f), (h) or (i) hereof.  Nothing in this section shall interfere with a franchisee's right to add additional channels of the type described in such sections, provided that such channels are operated in a manner consistent with those sections.  Should a franchisee choose to add such additional channels, it shall notify the Village Council, in writing, of its intention, its plan and its timetable for doing so.
   (k)   FM Radio Service.  A franchisee shall make available to all subscribers any FM stereo radio service indicated in its proposal and the stereo audio portion of all channels as available.  A franchisee shall advise all subscribers of the availability of this service, but shall not require that it be purchased.
   (l)   Automated Channel.  A franchisee shall provide a channel cablecasting automated time, weather, stock, sports and news information.  Such information may be displayed by means of a character generator during normal cablecast hours.
   (m)   Program Index.  During all cablecast hours, a franchisee shall provide a channel continuously informing subscribers of the programs being cablecast on all other operational channels.  A franchisee shall actively seek and cablecast such indexing information from access channel managers.
   (n)   Additional Services.  If such services are generally available in the Detroit Metropolitan Area, a franchisee shall make available such additional video, audio, radio, digital, internet and other services as are requested by subscribers and/or programmers who are willing to pay for such services, provided that such services are technologically and economically appropriate.  The Village specifically reserves the right, if authorized by law, to require a franchisee to furnish non-discriminatory access to its cable system for providers of internet access service, subject to applicable law.  This provision does not waive the Village or franchisee's rights, obligations, claims, defenses or remedies regarding the authority of such requirement.  The franchisee shall be provided with reasonable notice and an opportunity to be heard, including the right to present evidence on the findings, if any, to be made by the Village with respect to such requirement.
   (o)   Interconnection.
      (1)   A franchisee shall provide one-way and two-way interconnection facilities to interconnect the system with other cable systems, the school district, and other political subdivisions as may be required by the Village Council.  Interconnection facilities may be effected by direct cable connection, microwave length, satellite or any other appropriate method.  Interconnection facilities may be required for one, several, or all channels of the system.  Upon receiving a directive to interconnect, a franchisee shall reasonably cooperate in the interconnection if other systems express a willingness to share the cost of such interconnection.
      (2)   Before the Village Council issues a directive requiring interconnection, it shall notify a franchisee in writing of its consideration of the issue and schedule a public hearing, not less than fifteen days from the notification date, at which a franchisee shall be provided an opportunity to state its position on the issue.  Notice of the hearing shall be given in accordance with the provisions of Section 820.09(o).
      (3)   Upon receiving a directive from the Village Council to interconnect, a franchisee shall immediately initiate negotiations with the other affected system or systems in order that the cost may be shared by the franchisees of the affected systems for both construction and operation of the interconnection link.  A franchisee shall report to the Village Council monthly in writing regarding the status of all negotiations and construction progress.  The monthly reports shall continue until the interconnection line is operational.
      (4)   A franchisee shall cooperate with any interconnection corporation, regional interconnection authority, council of governments, County, Federal or State regulatory agency which may be established for the purpose of regulating, facilitating, encouraging, financing or otherwise providing for the interconnection of cable communication systems beyond the boundaries of the individual political jurisdictions.
      (5)   Should a dispute arise over any matter regarding interconnection, it shall be resolved in accordance with the provisions of this chapter on methods of resolving disputes.
      (6)   The Village Council may grant reasonable extensions of time to interconnect or rescind its request to interconnect upon petition by a franchisee to the Village Council.  The Village Council shall grant such request if it finds that a franchisee has negotiated in good faith and has failed to obtain an approval from the system of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
      (7)   In order to assure future interconnection capability, a franchisee shall meet the following initial technical requirements: use of standard frequency allocations for cable communications signals, use of signal processors at the headend for each cable communications signal, use of adequate amplifiers spaced appropriately to enable two-way activation of the total system, and use of local origination equipment compatible with videocassettes, videotapes, videodisks, video film chains and other various video formats.
   (p)   Standby Power.  A franchisee shall install and maintain equipment capable of providing standby power for headend, transportation and trunk amplifiers for a minimum of four hours.  The standby power equipment for the headend shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns.  All utility safety regulations must be followed to prevent a standby generator from powering the dead utility line.
   (q)   Underground and Aboveground Installations
      (1)   A franchisee may lease, rent or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables and other equipment and facilities from utility companies operating within the Village, and use towers, poles, lines, cables and other equipment and facilities for the system, subject to all existing and future laws, ordinances and regulations of the Village, the State and the United States of America.  When and where practicable, the poles used by a franchisee's distribution system shall be those erected and maintained by utility companies operating within the Village provided mutually satisfactory rental agreements can be reached.  All utility companies in the Village shall cooperate with a franchisee and allow a franchisee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the Village may be minimized.
      (2)   A franchisee shall have the right to erect, install and maintain its own towers, poles, guys, anchors, underground conduits, amplifiers, transformers, manholes and other equipment as may be necessary for the proper construction and maintenance of the antenna site, headend and distribution system, provided that the location and construction of towers, poles, guys, anchors, underground conduits, amplifiers, transformers and other equipment, manholes placed on Village property and public rights-of-way shall be approved in advance, in writing, by the Village Engineer.  In cases of conflict, preference shall be given to more essential utilities and services such as water, power, steam, telephone, sanitary sewer, storm sewer, traffic signals, street lighting and gas.  If a franchisee violates the provisions in this paragraph, the Village Engineer may require a franchisee to remove any and all equipment at its own cost.
      (3)   A franchisee shall have the right to establish terms, conditions and specifications governing the form, type, size, quantity and location of equipment belonging to other persons on its poles, and shall have the further right to charge a fair rental for attachment, space or spaces occupied by the equipment and plant of such other persons, except that no rent shall be paid by the Village for its attachment to a franchisee's poles.  The Village shall pay any reasonable additional costs incurred by a franchisee in providing space for the Village's attachments, including the reasonable cost of any necessary rearrangements of a franchisee's equipment and plant to provide room for Village attachments.  Upon expiration, termination or revocation of a franchise, or should a franchisee wish to dispose of any of its poles being used by the Village, the Village shall have the first option to purchase them in place for a value equal to depreciated book value.
      (4)   In those areas of the Village where transmission or distribution facilities of all utility companies are, or are scheduled to be placed  underground, a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground to the maximum extent the then existing technology permits, in accordance with the then management edition of the National Electrical Safety Code, and the Telephone System Practices Governing Joint Attachment Practices, and their successor documents, as well as in conformance with all applicable laws, statutes, ordinances, regulations and/or codes of the Federal, State or municipal governments.  If and when necessary, amplifiers and/or transformers in a franchisee's transmission and distribution lines may be in appropriate housings on the surface of the ground.
      (5)   All transmission and distribution structures, lines, poles, conduits, fixtures and equipment erected by a franchisee in the Village shall be located so as not to endanger life or property or interfere with the normal use of streets, alleys or other public ways and places, so as to cause minimum interference with the rights or reasonable convenience of the general public and adjoining property owners and so as not to interfere with existing traffic control, street lighting, gas, electric, telephone, water hydrant or other public utility installations and so as to comply with the then current edition of the National Electrical Safety Code, and the Telephone System Practices Governing Joint Attachment Practices and their successor documents, as well as in conformance with all applicable laws, statutes, ordinances, regulations and/or codes of the Federal, State and municipal governments.  If the Village Engineer determines any of such equipment erected by a franchisee violates the provisions outlined in this subsection, he may require a franchisee to alter or remove any or all of the offending equipment.
      (6)   Prior to the commencement of construction, a franchisee shall file with the Village maps, plats, and records of the locations and character of all facilities to be constructed, including underground facilities and shall have received prior approval from the Village Engineer for such construction.  A franchisee is required to maintain current and accurate maps, plats and permanent records for public inspection and to file such documents with the Village annually.
      (7)   In the case of any disturbance of pavement, sidewalks, driveway, lawn or other surfacing, a franchisee shall, at its expense, promptly replace and restore all such surfacing to its original condition.
      (8)   The Village may, upon reasonable notice, require a franchisee, at its expense, to protect, support, temporarily disconnect, relocate or remove a franchisee's equipment from a particular area of the Village's streets if reasonably necessary by reason of traffic conditions, public safety, street construction or vacation, change or establishment of communication lines, tracks, traffic signals, street lighting or by reason of other conditions.  Reasonable notice for this provision shall be construed to mean at least ten days, except in the case of emergencies.
      (9)   A franchisee shall have the authority, upon prior approval of the Village Administrator or his or her designated representative, to trim any trees upon and overhanging the streets, alleys, sidewalks and public places of the Village so as to prevent the branches of such trees from coming in contact with wires and cables of a franchisee, except that at the option of the Village, trimming may be done by it, or under its supervision and direction, at the expense and liability of a franchisee.  In trimming any trees, a franchisee shall not go upon private property without the consent of the owner.  Any damage caused to the property of building owners or users, or of any other person, by the franchisee's negligence shall be repaired fully and promptly at a franchisee's sole expense.
      (10)   Prior to the installation of any portion of the cable system in or onto a building, a franchisee shall obtain from the building department a cable communications installation permit at the request of and on behalf of the owner of the building or premises.  The permit shall be required to defray the costs of an electrical inspection to insure compliance with applicable requirements of the Village.  A franchisee shall be responsible for payment of applicable permit fees to the Village.
   (r)   Construction Standards and Technical Requirements.
      (1)   All of a franchisee's plant and equipment, including, but not limited to, the antenna site, headend, and distribution system, towers, house connections, structures, poles, wire, cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced pole line construction crews and so as not to:
         A.   Endanger or interfere with the safety of any persons or property,
         B.   Interfere with improvements the Village may deem proper,
         C.   Interfere in any manner with the rights of any property owner, or
         D.   Unnecessarily hinder or obstruct pedestrian or vehicular traffic on Village property.
      (2)   All of a franchisee's system, including all plant and equipment and all construction, shall meet, at a minimum, all relevant and applicable specifications as set forth in a request by the Village for a proposal, a franchisee's application, this chapter, and these Codified Ordinances, when not pre-empted by higher law.  Such specifications, construction standards and performance characteristics shall include, but not be limited to, the following listed construction and technical standards:
         A.   Construction standards.  Methods of construction, installation and maintenance of the cable communications system shall comply with all applicable laws and regulations.
         B.   Technical standards.  A franchisee shall comply with all the rules and standards for cable communications operations as adopted by the FCC.
         C.   Performance testing:
            1.   Performance requirements and standards specified in this chapter, and in all FCC requirements and standards, shall be measured at the time of initial testing as provided in paragraph (r)(2)C.2 hereof, to ensure compliance with all specified requirements and standards for construction.  Measurements shall be taken and recorded as specified in the Cable Television Information Center specifications.  All costs of such tests shall be borne by a franchisee, including all costs associated with the hiring of an independent supervising engineer pursuant to paragraph (r)(2)C.10 hereof.
            2.   Initial proof of performance testing shall occur within sixty days of the commencement of cable service to each section of the system franchise area as delineated in a construction timetable which shall be submitted with a franchisee's application and bid proposal and also included in the final franchise agreement.  Initial proof of performance shall also be tested within thirty days of the commencement of cable service to new subscribers on any extension of the system not specified in the construction timetable, and within 30 days after service has been extended to new subscribers upon any reconstruction of the cable system.
            3.   All measurements shall be made using instruments which are appropriate for making each performance test.  Such instruments shall be sufficiently sensitive to measure each parameter accurately.  The accuracy of the instruments must meet those standards developed by the National Bureau of Standards for Test Equipment.  Such test equipment and instruments shall know a correction factor for bandwidth and scale position where applicable.  All measurements shall be taken at test points to be designated in a franchisee's application, which shall also be included in the franchise agreement.
            4.   Tests and measurements to ensure compliance with the technical standards shall be performed in a manner that is consistent with the provisions of Federal law and regulations.
            5.   Performance requirements and standards specified in this document, including all FCC requirements and standards, and all local performance guidelines, shall be measured annually to ensure compliance with all specified requirements and standards.  Measurements shall be taken and recorded as specified in this paragraph (r)(2)C.  All costs of such tests shall be borne by the franchisee.
            6.   Routine proof of performance tests shall be made on a periodic basis to ensure compliance with applicable performance standards.  Measurements shall be taken and recorded as specified in this paragraph (r)(2)C.  All costs of such tests shall be borne by the franchisee.
            7.   When complaints have been made or when other evidence exists which, in the judgment of the Village Council, casts doubt on the reliability or quality of cable service, the Village shall have the right and authority to compel a franchisee to test, analyze and report on the performance of the system.  Such test or tests shall be made and the reports of such tests shall be delivered to the Village no later than fourteen days after the Village Council formally notifies a franchisee.
            8.   The Village's rights under paragraph (r)(2)C.7 hereof shall be limited to requiring tests, analysis, and reports covering specific subjects and characteristics based on such complaints or other evidence when and under such circumstances as the Village has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public substandard cable service.  All costs for such tests shall be borne by the franchisee.
            9.   Reports required pursuant to paragraph (r)(2)C.7 hereof shall include information setting forth the nature of the complaint or other evidence which precipitated the special tests; what system component was tested, the equipment used and procedures employed in such testing, the results of the testing and the resolution of the complaint or problem.  Any additional information pertinent to the special test or specifically requested by the Village shall be reported.
            10.   All performance testing shall be done under the supervision and direction of a qualified engineer, not on the permanent staff of the franchisee.  The Engineer shall be selected by a franchisee and approved by the Village Administrator or his or her designated representative, after reviewing the individual's professional qualifications and a statement, provided by the Engineer, indicating all associations or relationships of any nature which that individual may currently have or may formerly have had with the franchisee.  All records of performance tests and their results shall be signed and certified by the Engineer who shall include in the records a copy of his or her qualifications and of the statement.
      (3)   If, at any time, the cable communications system or any portion thereof fails to comply with any of the standards set forth in this section, the Village Engineer shall send written notice to a franchisee listing any deficiencies and requiring a franchisee to repair, alter or correct the deficiencies so as to meet all such standards.  A franchisee shall have thirty days after the date of the notice within which to correct the deficiencies. A franchisee's failure to correct the deficiencies within thirty days shall subject it to the penalties provided in Section 820.09(p), unless the penalty is waived by the Village Council upon a showing by a franchisee that it has made all reasonable efforts to correct the deficiency, but has been unable to do so due to the occurrence of conditions beyond its control.  If deficiencies in the cable communications system remain after the thirty-day period, the Village Council may direct the Engineering Department to correct such deficiencies and a franchisee shall pay all reasonable costs associated therewith.
      (4)   Where the provisions of any codes or regulations referred to in this section are in conflict, the more stringent provisions, as determined by the Village Engineer, shall be deemed to apply.
   (s)   Changes Prohibited.  A franchisee shall provide its cable system and all services as set forth in the franchise agreement, including all exhibits thereto and all documents and written material incorporated by reference therein.
   (t)   Maintenance of Facilities and Equipment.  A franchisee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of technology will allow, provided that any necessary upgrade to its facilities, equipment, or service is economically appropriate.  A franchisee shall install additional channel capacity as required to keep channel capacity in excess of the demand therefor by users.  At all times, the cable system shall be no less advanced than any cable system in the Detroit Dominant Market Area or than any other cable system of comparable size excepting only those cable systems which are experimental, pilot, or demonstration.  Such matters shall be a topic of discussion at all review sessions.  A franchisee shall submit a five-year plan for upgrading facilities and equipment at each performance review session.
   (u)   Subscriber Privacy.
      (1)   No signals of a cable communications channel shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber.  The request for such permission shall be contained in a separate document with a prominent statement to be signed by the subscriber acknowledging his full understanding of the provisions of the request and permitting the activity to occur.  No penalty shall be invoked for a subscriber's failure to provide such an authorization.  The authorization shall be revocable at any time by the subscriber without penalty.  Such authorization is required for each type or classification of subscriber terminal signal planned; provided, however, that a franchisee may keep such records of viewing or purchasing of services by individual subscribers as are necessary for the billing of the individual subscriber for such services.
      (2)   A franchisee shall not monitor or tabulate any records or test results in any manner that would reveal the economic status, commercial product preferences or opinions of individual subscribers or their families.  A franchisee shall not maintain or tabulate any data on the political, religious, moral or social preferences or opinions of individual subscribers or their families.
      (3)   A franchisee, or any of its agents or employees, shall not, without the specific written authorization of the subscriber involved, sell, or otherwise make available to any party:
         A.   Lists of the names and addresses of such subscribers, or
         B.   Any list which identifies the viewing habits of subscribers.
      (4)   A franchisee shall be constantly alert to possible abuses of any legal right of privacy or other legal rights of any subscriber, programmer or general citizen resulting from any device or signal associated with the cable communications system.  The possibility of such abuse shall be discussed at every scheduled review session.
      (5)   Devices such as electronic locks, scramblers, warning lights, and others designed to inhibit signals originating from a subscriber terminal shall be provided by a franchisee for all two-way system subscribers.  Such devices shall additionally be provided as other privacy problems are identified, the technology becomes available and reasonable financial arrangements can be made.
   (v)   Continuity of Service.
      (1)   It shall be the right of all consumers and programmers to receive all available services insofar as their financial and other obligations to a franchisee are honored.  If a franchisee elects to overbuild, rebuild, renovate, modify or sell the system, or the Village gives notice of intent to terminate or fails to extend or renew this franchise, a franchisee shall act so as to ensure that all consumers and programmers receive continuous, uninterrupted service regardless of the circumstances, for a period not to exceed six months unless a longer period is agreed to by the parties.
      (2)   Upon a change of franchisee, or if a new operator acquires the system, a franchisee shall cooperate with the Village, new franchisee or operator in maintaining continuity of service to all consumers and programmers.  During such period, a franchisee shall be entitled to the revenues for
any period during which it operates the system, and shall be compensated for reasonable costs incurred in providing any services when it no longer operates the system.
      (3)   If a franchisee fails to operate the system for three consecutive days without prior approval of the Village or without just cause, the Village may, at its option, operate the system or designate an operator until such time as a franchisee restores service under conditions acceptable to the Village or a permanent operator is selected.  If the Village fulfills this obligation for a franchisee, the franchisee shall reimburse the Village for all reasonable costs or damages, in excess of revenues from the system received by the Village, that are the result of the franchisee's failure to perform.
   (w)   All Channels Emergency Alert.  A franchisee shall, in the case of any emergency or disaster, make its entire system available without charge to the Village Administrator or his or her representative, or to any other governmental or civil defense agency that the Village shall designate.  The system shall be engineered to provide an emergency alert system as set forth in the franchise agreement to allow authorized officials to automatically override the audio signal on all channels, and transmit and report emergency information.  The system shall provide for visual transmission of emergency messages.
   (x)   Home Security.  No home security program shall be promoted, nor shall a home security device be installed, without the prior approval from the Police Chief and Fire Chief of the overall home security system design.  This provision shall include alarm systems the purpose of which is to detect and warn monitoring agencies of medical emergencies, fires or illegal entry.  This section shall be interpreted to cover the general plan and scope of activities, not individual service hookups.
(Ord. 2000-59.  Passed 7-10-00.)