(A) The company shall establish, construct, operate and maintain the system in accordance with the highest standards of cable communications technology and in accordance with the highest standards of conduct with respect to businesses of the size and type of that of the company.
(B) The company through the system shall provide effective and efficient service in accordance with the rules and regulations of all governmental units and agencies having regulatory and licensing authority in connection with the system.
(C) The company through the system shall provide uniform, strong signals which are free from distortion and interference.
(D) The company shall not interrupt all or any part of the services of the system in the absence of absolute need or emergency circumstances. In the event of any sustained service interruption in excess of 12 hours, each affected subscriber shall upon request be paid a pro rata credit for each such interruption.
(E) The company shall establish, construct, operate and maintain the system so as to at all times meet FCC technical standards, including, without limitation, specifications for frequency boundaries, visual carriers, frequency levels, aural carrier frequency levels, channel frequency response, terminal isolation and radiation.
(F) The company shall establish, construct, operate and maintain the system in accordance with all applicable national, state and local building and safety codes. In the absence of any otherwise applicable building and safety codes, the company shall establish, construct, operate and maintain the system in accordance with the most recent edition of the National Electrical Safety Code.
(G) The system shall be designed, established, constructed, operated and maintained for 24-hour-a-day continuous operation.
(H) The system shall produce, for receipt on subscribers’ receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) that are free from any significant interference, distortion, or ghosting which would cause any material degradation of video or audio quality.
(I) The system shall be capable of and shall provide emergency override alerts whereby the municipality or other governmental units or agencies designated by the municipality may be able to issue an emergency broadcast system visual or audio bulletin on a channel or channels designated by the company. The municipality shall hold the company, its agents, employees, officer and assignees hereunder harmless from any claims, other than those based upon the negligence of the company, arising out of the emergency use of its facilities by the municipality, including, but not limited to, reasonable attorneys’ fees and costs.
(J) In the event the company is prevented or delayed in the performance of any of its obligations under this chapter by reason of acts of God, flood, fires, hurricanes, tornadoes, earthquakes or other unavoidable casualty, acts of public enemy, insurrection, war, riot, sabotage, vandalism, strikes, boycotts, lockouts, labor disputes, shortage of labor, epidemic, freight embargoes, shortages or unavailability of materials or supplies, unusually severe weather conditions, acts or omissions of the municipality or any other similar event beyond the reasonable control of the company, the company shall have a reasonable time under the circumstances to perform its obligations under this chapter or to procure a substitute for such obligations which is satisfactory to the municipality.
(Ord. 1416, passed 5-25-1993)