All franchisees providing communications service to customers shall to the greatest extent applicable:
(A) At all times comply, at a minimum, with the FCC requirements for emergency alert system specifically applicable to their communications services.
(B) Provide to every customer access to Public, Educational and Government Access ("PEG") channels, not to exceed four (4), at no cost to the city. Additional channels may be negotiated, with both parties' consent, in the franchise agreement. Any programming on such channels shall be non-commercial, and to the extent permitted by law, the city shall indemnify and hold harmless franchisee from and against any and all liability resulting from the use of the peg channels by the city or its designee(s).
(C) Have a publicly listed telephone number.
(D) Employ an operator or maintain a telephone answering device twenty-four (24) hours per day, each day of the year to receive customer complaints.
(E) Upon customer's termination of the communications services, permit customers to return any equipment that franchisee requires to be returned upon such termination at no expense (other than incidental costs incurred by the customer in returning such equipment, such as transportation to a franchisee location) and advise customers of this option when customers inquire about returning equipment. These expenses do not include the cost for use of the equipment before termination of the communications services.
(F) Shall indemnify the city, pursuant to § 119.01(F), against any alleged infringement of patent or copyright or any other legal infringement in the transmission of materials through the system, except to the extent any infringement arises from or is caused by the city's or another person's use of the system, including any PEG channels. Nothing herein is intended as a limitation on the extent of any legal liability of the franchisee.
(Ord. 2022-1831, passed 9-8-22)