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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)
A. City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the franchise. In addition, city may require special testing of a location or locations within the system if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to grantee or to the subscribers caused by such testing.
B. Before ordering such tests, grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, city wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at city's expense by a qualified engineer selected by city and grantee, and grantee shall cooperate in such testing. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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