§ 25.26. Operational requirements.

A.

Grantee shall construct, operate, maintain, repair and upgrade the Cable Television System in full compliance with the rules, regulations and technical standards of the Federal Communications Commission, as may hereafter be amended or adopted from time to time, and all other applicable Federal, State and local laws and regulations, including, but not limited to, the latest editions of the National Electrical Safety Code and the National Fire Protection Association National Electrical Code. The Cable Television System and all its parts shall be subject to inspection by the City, and the City hereby reserves the right upon request to review a Grantee's construction plans prior to the commencement of construction.

B.

Grantee shall maintain an office within the City which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employ an operator(s) or maintain a telephone answering service twenty-four (24) hours per day, each day of the year, to receive Subscriber complaints.

C.

Grantee shall exercise its best effort to design, construct, operate, maintain, repair and upgrade the system at all times so that signals carried are delivered to Subscribers without material degradation in quality (within the limitations imposed by the technical State-of-the-Art).

D.

A Grantee shall not, in violation of any applicable laws or regulatory standards, design, install or operate its System in a manner that will interfere with the signals of any broadcast station, the signals or facilities of any municipal or county police, fire or rescue department, the facilities of any public utility, the Cable Television System of another cable operator granted a franchise hereunder, or individual or master antennas used for receiving television or other broadcast signals.

E.

To the extent required by FCC rules, the Grantee shall perform, at its own expense, proof of performance tests. At the request of the City, the Grantee shall provide the test results through the term of its Franchise. The City shall have the right to inspect the System during and after its construction to ensure compliance with the requirements of the Franchise Agreement, this Chapter 25, and FCC standards, provided the City gives the Grantee reasonable notice of such inspection so that the Grantee may have a representative present and such inspection does not unreasonably interfere with the Grantee's operation of the System.

F.

Copies of all correspondence, petitions, reports, applications, and other documents relating to the City or the provisions of this Franchise which are sent or received by Grantee from Federal or State agencies having appropriate jurisdiction in matters affecting Cable Television operation shall be simultaneously furnished by Grantee to the City.

G.

To the extent not prohibited by federal law, in the case of any emergency or disaster, the Grantee shall, upon the request of the City, make available its facilities to the City or any other applicable governmental agency, without costs, for emergency use during the emergency or disaster period.

H.

Grantee shall comply with all Emergency Alert System (EAS) equipment and performance requirements for Cable Systems and all tests of EAS procedures set forth in Title 47, Part 11 of the Code of Federal Regulations, as may be amended from time to time. Grantee shall comply with the EAS Operating Handbook and shall keep a record of each test and activation of EAS procedures. Grantee's EAS shall be operated, and capable of broadcasting messages, 24 hours a day, seven days a week.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.6, Doc. #33439; Ord. of 8-13-2001, § 2, Doc. #34000)