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A. Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries.
B. Grantee shall install and maintain its system and other equipment in accordance with city codes and the requirements of the national electrical safety code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with city communications technology related to health, safety and welfare of the residents.
C. Cable system structures, and lines, equipment and connections in, over, under and upon the rights of way of city, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of city or any person. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Grantee shall develop, construct and operate for the term of this franchise a system providing a minimum of 750 MHz capacity.
B. The system will be designed with the capability to transmit return signals upstream in the 5-40 MHz spectrum.
C. Grantee shall develop, construct and operate a system capable of providing nonvideo services such as high speed data transmission, internet access, and other programming services.
D. Grantee shall provide information to any business or other subscriber within city which desires information regarding nonvideo services offered by grantee.
E. All final programming decisions remain the discretion of grantee in accordance with this franchise, provided that grantee notifies city and subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments, and further subject to grantee's signal carriage obligations hereunder and pursuant to 47 USC section 531-536, and further subject to city's rights pursuant to 47 USC section 545. Location and relocation of the PEG channels shall be governed by sections 9-1-8 and 9-1-16, exhibit B, of this chapter. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Grantee shall complete all construction related to the system upgrade/construction required by this section 9-1-6 on or before May 31, 2003. Failure to timely complete such construction shall be a violation of this franchise.
B. On or about thirty (30) days prior to construction of the upgraded/constructed system, affected subscribers will receive a letter notifying them of same, which letter shall include grantee's telephone number that subscribers can use to contact grantee with any questions or concerns they may have. No less than forty eight (48) hours before construction, all affected houses will receive written notification regarding grantee's construction schedule which will also include grantee's telephone number. Nothing shall prohibit grantee from consolidating the notices required in this subsection. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the system. If service is interrupted for a total period of more than twenty four (24) continuous hours in any thirty (30) day period, subscribers shall be credited pro rata for such interruption. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Grantee shall, upon completion of upgrade, provide the system capability to allow the city to transmit from the sheriff's office or other said location at city's discretion, an emergency alert signal to all participating subscribers, in the form of an audio message on all channels simultaneously in the event of disaster or public emergency. Grantee shall at all times comply with the emergency alert system standards pursuant to title 47, section 11, subparts A–E of the code of federal regulations, as may be amended or modified from time to time. City and grantee agree that the emergency alert system shall not be used for routine communications such as street cleaning and snow plowing. (Ord. 827, 8-5-2002, eff. 8-26-2002)
The technical standards used in the operation of the system shall comply, at minimum, with the technical standards promulgated by the FCC relating to cable systems pursuant to title 47, section 76, subpart K of the code of federal regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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