A. The Council/franchising authority considers the need for an indoor signal or safety alert technology, available to both subscribers and non-subscribers of an MCS provider's lowest level of programming service, of paramount interest and need, and as such should be an integral part of an MCS provider's system. Though in some ways similar to the concept of emergency alert override, signal alert technology is different and distinct in that it may be used by both subscribers to basic service and non-subscribers to the basic service of an MCS provider's system. Moreover, such safety alert technology is connected to the National Weather Service twenty-four (24) hour radio service including its new WRSAME/"Site Select" weather and warning system, which specifically allows for an indoor warning and notification via an audio alert voice path, regardless of whether an individual has a television receiver or monitor, or an FM receiver, and, moreover, can provide effectively instantaneous alert and warning, as well as needed instructions, in addition to allowing key community-oriented entities to communicate with both the general populace and selected (i.e. target) segments of the community.
B. In realization and recognition of the preceding, a non-exempt MCS provider shall offer for use throughout the City (within twelve (12) months of the effective date of this ordinance) a signal or safety alert monitoring technology for purposes of alerting both subscribers and non-subscribers of a multi-channel system to impending or occurring disaster emergencies, and allowing the City to communicate with both subscribers and the public as the need to do so may exist at any time.
C. A non-exempt MCS provider shall cooperate with the City and the provider of said technology in the marketing and distribution of the necessary on-premises alert receiving devices, including the installation, and replacement of such, as may be needed from time to time.
D. A non-exempt MCS provider shall install the necessary electronics, processing, and distribution equipment in the MCS provider's headend, and will ensure the maintenance, operating condition, and replacement of such equipment, as is necessary to protect its continued use.
E. Notwithstanding the preceding, a non-exempt MCS provider has no responsibility for repair of such equipment beyond obtaining (in a timely manner) replacement from the manufacturer for inoperable components.
F. It is explicitly understood that one need not be a subscriber to a multi-channel system to use the safety alert device, and receive the safety alert service, so long as a drop is installed into the address to which said device is attached. It is also understood that the user need not have a television receiver.
G. The Council/franchising authority recognizes the positive effect on the safety of the public in general, and the ability to save lives, and property, of those who would otherwise be prevented from receiving the most expeditious warning or alert possible without such a device and technology. Consequently, the Council/franchising authority requires that all non-exempt MCS providers shall participate in a periodic public awareness campaign as deemed appropriate by the Council/franchising authority, in cooperation with the Council/franchising authority and the manufacturer, to inform the citizenry and non-cable subscribers of the availability and capability of such safety alert technology.
H. An MCS provider shall assure that all subscribers to multi-channel service receive printed material, fully describing the technology and its benefits, at least annually and at the time of installation.
I. An MCS provider shall allow non-subscribers of Basic Cable Service the choice of purchasing or leasing the necessary equipment, which shall include the cost of installation on a non-discriminatory basis, and so inform such persons of both options.
J. Given the significant public safety and life and property saving benefits of this technology, and the resultant need of as much of the general public as possible to be protected from the otherwise unnecessary greater risk to life, limb and property associated with other alert/warning systems, an MCS provider shall assure that the service is placed on the same level of service and is priced commensurate with that for like technology/service in the Mid-Western United States.
K. Given the importance and critical nature of preventing the loss of life and property, and the need and ability of the Council/franchising authority to communicate directly with the public in any number of situations, including but not limited to those potentially involving matters of life and death, and as this technology is clearly not a programming service, the Council/franchising authority deems it appropriate to designate the use of the capability of such technology as a governmental use of the system, and it is the intent of the City that it be made available to all subscribers.