Ordinance 2613-02 - Laserfiche WebLink

(H) Grantee acknowledges that the minimum Cable System design and performance requirements set forth in this Franchise are enforceable,to the extent allowed by law. 13.2 State of the Art Grantee shall use its best efforts to ensure that the Cable Services that are provided over the Cable System in the City are reasonably comparable to those provided in other similarly situated cable systems (both regionally and nationally). Grantee shall be responsible for generally offering such Cable Services expeditiously and as soon as economically practical. If such Cable Services are not also being offered on Grantee's Cable System in the City, Grantee shall explain to the City in writing why such Cable Services are not offered in the City and shall estimate the cost to supply such Cable Services within the Franchise Area. Grantee shall deploy such Cable Services expeditiously, if economically practicable. The City may hold a hearing to review whether or not the Cable System and the Cable Services offered by the Grantee are meeting demonstrated community needs and interests, taking into account the cost of meeting those needs and interests. The parties recognize that, as of the Effective Date, the City is not permitted to require the provision of specific video programming pursuant to this subsection. 13.3 Standby Power Grantee shall provide standby power generating capacity at the Cable System headend capable of providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby power system supplies, rated for at least two (2) hours duration, throughout the trunk and distribution networks, and rated for at least four (4) hours duration at all nodes and hubs. In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along with all resources necessary for implementing such a plan, for dealing with outages of more than two (2) hours. This outage plan and evidence of requisite implementation resources shall be presented to the City no later than thirty(30)days following receipt of a request therefor. 13.4 Emergency Alert Capability (A) Grantee shall provide an operating Emergency Alert System ("EAS") in accordance with and at the time required by the provisions of federal laws,including FCC regulations. (B) The City shall only permit its appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee's Cable System that in any manner results in an inappropriate use thereof. To the extent allowed by law, the City shall hold the Grantee, its employees and officers harmless from any claims arising out of the emergency use of the EAS facilities by the City, including, but not limited to,reasonable attorneys' fees and costs. Page 44 of 58