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The system will be engineered to provide an Audio Alert System. This system shall allow authorized officials to automatically override the "audio" signal on all channels and transmit and report emergency information. In the event of any such use by the City, the City will hold harmless and indemnify the franchisee from any damages incurred by third parties or penalties incurred by the franchisee resulting from the use of this service.
(1969 Code 58.21)
The franchisee shall at all times conform to the National Electrical Code, Underwriters and Standards, and employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(1969 Code 58.22)
(a) Upon application of the franchisee, the City Council shall amend this chapter or the franchise whenever necessary to enable the franchisee to take advantage of any developments in the field of transmission of communication signals which will afford it an opportunity to more effectively, efficiently, or economically serve its customers; provided, however, that this section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policies as stated herein. If, in the future, the franchisee adds additional services to its communications system, then in that event, said service and the rate to be charged shall first be approved by the City Council.
(b) Should the F.C.C. amend or modify § 76.31 of its regulations, the City of Mentor shall incorporate such amendments or modifications into its franchise within one year of the F.C.C. amendments or modifications, or at such time the franchise is renewed whichever occurs first. (1969 Code 58.23)
The forms of service agreements and proposed operating rules and regulations shall be subject to Council approval and filed with the City Manager by the grantee. The rules and regulations shall include the grantee's policy on the following and similar items which may be proposed by the City or the grantee:
(a) Description of service.
(b) Application for service.
(c) Payment for service.
(d) Disputed bills.
(1969 Code 58.24)
The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the City. (1969 Code 58.26)
(a) The franchise shall not be assigned or transferred whether in whole or in part or leased, sub-let or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person either by the act of a grantee or by operation of law without the consent of the City Council. The granting, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents.
(b) Prior approval of the Council shall be required where ownership or control of more than 10% of the right of control of grantee is acquired by a person or group of persons acting in concert or corporation, none of whom already own or control 10% or more of such right of control, singularly or collectively at the date the franchise is granted. By its acceptance of the franchise, a grantee specifically agrees that any such acquisition occurring without prior approval of the Council shall constitute a violation of this chapter by grantee.
(c) Nothing in this section shall be deemed to prohibit a mortgage or pledge of the CATV system equipment or any part thereof or a leasing by a grantee from another person of said CATV system equipment or part thereof for financing purposes or otherwise. Any such mortgage, pledge, or lease shall be made only with the prior approval of the Council and shall be subject and subordinate to the rights of the City under this franchise agreement or applicable law.
(1969 Code 58.27)
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