System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements: 5.1.1 Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz; 5.1.2 Shall be designed to be an active two-way plant for Subscriber interaction, if any, required for selection or use of Cable Service; 5.1.3 Shall have a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this Franchise; 5.1.4 Shall have protection against outages due to power failures, so that back-up power is available at a minimum: for 24 hours at each headend and at all hubs; and for no less than two hours at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power supplies; 5.1.5 Shall be comprised of facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems of similar design; 5.1.6 Shall have personnel, facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Subsection 5.1.16; 5.1.7 Shall have personnel, facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time; 5.1.8 Shall have facilities and equipment designed to be capable of continuous twenty four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event; 5.1.9 Shall have facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber; 5.1.10 Shall have facilities and equipment designed, built and operated in such a manner as to protect the safety of the Cable System workers and the public; 5.1.11 Shall have available sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Franchisee to substantially comply with Applicable Law, including applicable customer service standards and including requirements for responding to System Outages; 5.1.12 Shall have all facilities and equipment and qualified technical personnel available as required to properly test the Cable System and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System problems. Upon request, Franchisee shall provide the County with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9; 5.1.13 Shall, if applicable, have antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codes, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCC, and all other applicable codes and regulations; 5.1.14 Shall have all facilities and equipment available to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received without substantial alteration or deterioration. All closed-captioned programming retransmitted over the Cable System shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning; 5.1.15 Shall provide parental control capability over the use of Cable Services on the System, provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls; 5.1.16 Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards which the County is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures: 5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.16.2 National Electrical Code; 5.1.16.3 National Electrical Safety Code (NESC); 5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.16.6 The Building Code of Prince George’s County, as amended. 5.1.17 Shall include optional equipment so that any pay-- per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal identification number or other individual selection procedure; and 5.1.18 Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Cable Franchise Agreement
System Characteristics. The Franchisee’s Cable System generally shall meet or exceed have at least the following requirementscharacteristics:
5.1.1 Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz;
5.1.2 Shall be designed to be an active two-way plant for Subscriber interaction, if any, required for selection or use of Cable Service;
5.1.3 Shall have a (1) modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this FranchiseFranchise term;
5.1.4 Shall have (2) protection against outages due to power failures, so that back-up power is available at a minimum: minimum for at least 24 hours at each headend headend, three (3) hours at each optical transmit node (“OTN”), and at all hubs; and conforming to industry standards, but in no event rated for no less than two hours hours, at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power suppliessite;
5.1.5 Shall be comprised of (3) facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems reliable, systems of similar design;
5.1.6 Shall have personnel(4) a system that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, and any other technical performance standards lawfully established by the County under applicable enabling statutes, and that substantially conforms in all material respects to applicable sections of the standards and regulations set forth in Section 4(b)(1) to the extent such standards and regulations remain in effect and are consistent with accepted cable industry procedures for (i) technical standards applicable to Cable Systems or (ii) guidelines for physical plant construction and maintenance applicable to Cable Systems;
(5) facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Franchisee’s Cable System remains in compliance with the standards specified in Subsection 5.1.16paragraph (4);
5.1.7 Shall have personnel, (6) such facilities and equipment as necessary to maintain, operate, and evaluate the Franchisee’s Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time;
5.1.8 Shall have (7) all facilities and equipment designed to be capable of continuous twenty twenty- four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure eventforce majeure condition;
5.1.9 Shall have (8) all facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscribersubscriber;
5.1.10 Shall have (9) all facilities and equipment designed, built and operated in such a manner as to protect the safety of the Franchisee’s Cable System workers and the public;
5.1.11 Shall have available (10) sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable the Franchisee to substantially comply with Applicable Lawapplicable law, including applicable customer service standards requirements and including requirements for responding to System Outagessystem outages;
5.1.12 Shall have (11) all facilities and equipment and qualified technical personnel available as required to properly test the Cable System system and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System system problems. Upon request, Franchisee shall provide the County with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9;
5.1.13 Shall, if applicable, have (12) antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codesthe Virginia Uniform Statewide Building Code, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCCFederal Communications Commission, and all other applicable codes and regulations;
5.1.14 Shall have all (13) facilities and equipment available at the headend allowing the Franchisee to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received without substantial alteration or deterioration. All closed-Similarly, all closed- captioned programming retransmitted over on the Cable System shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning;
5.1.15 Shall (14) Franchisee shall provide adequate security provisions in its Subscriber site equipment to permit parental control capability over the use of Franchisee’s Cable Services on Service. Such a system will at a minimum offer as an option that a Person ordering programming must provide a customer code provided by the System, providedFranchisee only to a Subscriber. Provided, however, that the Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls;
5.1.16 Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards which the County is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures:
5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards;
5.1.16.2 National Electrical Code;
5.1.16.3 National Electrical Safety Code (NESC);
5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration;
5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and
5.1.16.6 The Building Code of Prince George’s County, as amended.
5.1.17 Shall include optional equipment so that any pay-- per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal identification number or other individual selection procedure; and
5.1.18 Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Franchise Agreement
System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements:
5.1.1 5.1.1. Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz;
5.1.2 5.1.2. Shall be designed to be an active two-way plant for Subscriber subscriber interaction, if any, required for selection or use of Cable Service;
5.1.3 5.1.3. Shall have a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this Franchise. The FTTP Network shall utilize the ITU G.983 Passive Optical Network standard and have no outdoor active elements so as to make it more reliable;
5.1.4 5.1.4. Shall have protection against outages due to power failures, so that back-up power is available at a minimum: minimum for 24 at least twenty-four (24) hours at each headend and at all hubs; and for no less than two hours at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power suppliesVideo Serving Office;
5.1.5 5.1.5. Shall be comprised of facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems reliable, systems of similar design;
5.1.6 5.1.6. Shall have personnel, facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Subsection 5.1.165.1.18;
5.1.7 5.1.7. Shall have personnel, facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time;
5.1.8 5.1.8. Shall have facilities and equipment designed to be capable of continuous twenty twenty-four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event;
5.1.9 5.1.9. Shall have facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber;
5.1.10 5.1.10. Shall have facilities and equipment designed, built and operated in such a manner as to protect the safety of the Cable System workers and the public;
5.1.11 5.1.11. Shall have available sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Franchisee to substantially comply with Applicable Law, including applicable customer service standards and including requirements for responding to System Outagesoutages;
5.1.12 5.1.12. Shall have all facilities and equipment and qualified technical personnel available as required to properly test the Cable System and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System problems. Upon request, Franchisee shall provide the County City with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9;
5.1.13 Shall, 5.1.13. Shall be designed to be capable of interconnecting with other cable systems in the Franchise Area as set forth in Section 5.6 of this Agreement;
5.1.14. Shall (if applicable, ) have antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codes, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCC, and all other applicable codes and regulations;
5.1.14 5.1.15. Shall have all facilities and equipment available at the headend allowing Franchisee to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received received, without substantial alteration or deterioration. All For example, the headend should include equipment that will transmit color video signals received at the headend in color, stereo audio signals received at the headend in stereo, and a signal received with a secondary audio track with both audio tracks. Similarly, all closed-captioned programming retransmitted over the Cable System shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning;
5.1.15 5.1.16. Shall transmit in high definition on the digital tier any signal carried by the Cable System which is transmitted to Franchisee in a high definition format;
5.1.17. Shall provide adequate security provisions in its Subscriber site equipment to permit parental control capability over the use of Cable Services on the System. Such equipment will at a minimum offer as an option that a Person ordering programming must provide a personal identification number or other means provided by Franchisee only to a Subscriber, provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls;
5.1.16 5.1.18. Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards standards, which the County City is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures:
5.1.16.1 5.1.18.1. Occupational Safety and Health Administration (OSHA) Safety and Health Standards;
5.1.16.2 5.1.18.2. National Electrical Code;
5.1.16.3 5.1.18.3. National Electrical Safety Code (NESC);
5.1.16.4 5.1.18.4. Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration;
5.1.16.5 5.1.18.5. Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and
5.1.16.6 5.1.18.6. The Building Code of Prince George’s CountyGreenbelt, as amended.
5.1.17 5.1.19. Shall be so constructed and operated that each PEG Channel shall be delivered over the System with transmission quality the same as or better than the transmission quality of any other Channel on Franchisee’s Basic Service within the City;
5.1.20. Shall include optional equipment so that any pay-- pay-per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal private identification number or other individual selection procedure; and
5.1.18 5.1.21. Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services basic services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Cable Franchise Agreement
System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements:
5.1.1 Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz;
5.1.2 Shall be designed to be an active two-way plant for Subscriber interaction, if any, required for selection or use of Cable Service;
5.1.3 Shall have a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this Franchise;
5.1.4 Shall have protection against outages due to power failures, so that back-up power is available at a minimum: for 24 hours at each headend and at all hubs; and for no less than two hours at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power supplies;supplies;
5.1.5 Shall be comprised of facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems of similar design;
5.1.6 Shall have personnel, facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Subsection 5.1.16;
5.1.7 Shall have personnel, facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time;
5.1.8 Shall have facilities and equipment designed to be capable of continuous twenty four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event;
5.1.9 Shall have facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber;
5.1.10 Shall have facilities and equipment designed, built and operated in such a manner as to protect the safety of the Cable System workers and the public;
5.1.11 Shall have available sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Franchisee to substantially comply with Applicable Law, including applicable customer service standards and including requirements for responding to System Outages;
5.1.12 Shall have all facilities and equipment and qualified technical personnel available as required to properly test the Cable System and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System problems. Upon request, Franchisee shall provide the County City with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9;
5.1.13 Shall, if applicable, have antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codes, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCC, and all other applicable codes and regulations;
5.1.14 Shall have all facilities and equipment available to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received without substantial alteration or deterioration. All closed-captioned programming retransmitted over the Cable System shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning;
5.1.15 Shall provide parental control capability over the use of Cable Services on the System, provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls;
5.1.16 Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance performance standards which the County City is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures:
5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards;
5.1.16.2 National Electrical Code;
5.1.16.3 National Electrical Safety Code (NESC);
5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration;
5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and
5.1.16.6 The Building Code of Prince George’s Countythe City, as amended.
5.1.17 Shall include optional equipment so that any pay-- pay-per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal identification number or other individual selection procedure; and
5.1.18 Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Cable Franchise Agreement
System Characteristics. FranchiseeThe Grantee’s Cable System generally shall meet or exceed have at least the following requirementscharacteristics:
5.1.1 Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz;
5.1.2 Shall be designed to be an active two-way plant for Subscriber interaction, if any, required for selection or use of Cable Service;
5.1.3 Shall have a (1) modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this FranchiseFranchise term;
5.1.4 Shall have (2) protection against outages due to power failures, so that back-back- up power is available at a minimum: minimum for at least 24 hours at each headend headend, four hours at each optical transmit node (“OTN”), and at all hubs; and conforming to industry standards, but in no event rated for no less than two hours hours, at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power suppliessite;
5.1.5 Shall be comprised of (3) facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems reliable, systems of similar design;
5.1.6 Shall have personnel(4) a system that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, and any other technical performance standards lawfully established by the County, and that substantially conforms in all material respects to applicable sections of the standards and regulations set forth in Section 5(b)(1) to the extent such standards and regulations remain in effect and are consistent with accepted cable industry procedures for (i) technical standards applicable to Cable Systems or (ii) guidelines for physical plant construction and maintenance applicable to Cable Systems.
(5) facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Grantee’s Cable System remains in compliance with the standards specified in Subsection 5.1.16paragraph (4);
5.1.7 Shall have personnel, (6) such facilities and equipment as necessary to maintain, operate, and evaluate the Grantee’s Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time;
5.1.8 Shall have (7) all facilities and equipment designed to be capable of continuous twenty twenty-four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure eventforce majeure condition;
5.1.9 Shall have (8) all facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscribersubscriber;
5.1.10 Shall have (9) all facilities and equipment designed, built and operated in such a manner as to protect the safety of the Grantee’s Cable System workers and the public;
5.1.11 Shall have available (10) sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Franchisee the Grantee to substantially comply with Applicable Lawapplicable law, including applicable customer service standards requirements and including requirements for responding to System Outagessystem outages;
5.1.12 Shall have (11) all facilities and equipment and qualified technical personnel available as required to properly test the Cable System system and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System system problems. Upon request, Franchisee shall provide the County with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9;
5.1.13 Shall, if applicable, have (12) design capable of interconnecting with other broadband communications networks (including but not limited to wireless systems);
(13) antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codesthe Virginia Uniform Statewide Building Code, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCCFederal Communications Commission, and all other applicable codes and regulations;
5.1.14 Shall have all (14) facilities and equipment available at the headend allowing the Grantee to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received received, without substantial alteration or deterioration. All closed-For example, the headend should include equipment that will transmit color video signals received at the headend in color, stereo audio signals received at the headend in stereo, and a signal received with a secondary audio track with both audio tracks. Similarly, all closed- captioned programming retransmitted over on the Cable System HSN shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning;
5.1.15 Shall (15) Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control capability over the use of Grantee’s Cable Services on Service. Such a system will at a minimum offer as an option that a Person ordering programming must provide a personal identification number provided by the System, providedGrantee only to a Subscriber. Provided, however, that Franchisee the Grantee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls;
5.1.16 Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards which the County is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures:
5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards;
5.1.16.2 National Electrical Code;
5.1.16.3 National Electrical Safety Code (NESC);
5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration;
5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and
5.1.16.6 The Building Code of Prince George’s County, as amended.
5.1.17 Shall include optional equipment so that any pay-- per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal identification number or other individual selection procedure; and
5.1.18 Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Franchise Agreement
System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements:
5.1.1 Shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz;
5.1.2 Shall be designed to be an active two-way plant for Subscriber interaction, if any, required for selection or use of Cable Service;
5.1.3 Shall have a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the term of this Franchise;
5.1.4 Shall have protection against outages due to power failures, so that back-up power is available at a minimum: for 24 hours at each headend and at all hubs; and for no less than two hours at each power supply site other than headend and hubs. Franchisee will conduct ongoing monitoring of power supplies;
5.1.5 Shall be comprised of facilities and equipment of good and durable quality, generally used in high-quality, reliable Systems of similar design;
5.1.6 Shall have personnel, facilities and equipment sufficient to cure violations of any applicable FCC technical standards and to ensure that the Cable System remains in compliance with the standards specified in Subsection 5.1.16;
5.1.7 Shall have personnel, facilities and equipment as necessary to maintain, operate, and evaluate the Cable System to comply with any applicable FCC technical standards, as such standards may be amended from time to time;
5.1.8 Shall have facilities and equipment designed to be capable of continuous twenty four (24) hour daily operation in accordance with applicable FCC standards except as caused by a Force Majeure event;
5.1.9 Shall have facilities and equipment designed, built and operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber;
5.1.10 Shall have facilities and equipment designed, built and operated in such a manner as to protect the safety of the Cable System workers and the public;
5.1.11 Shall have available sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable Franchisee to substantially comply with Applicable Law, including applicable customer service standards and including requirements for responding to System Outages;
5.1.12 Shall have all facilities and equipment and qualified technical personnel available as required to properly test the Cable System and conduct an ongoing and active program of preventive maintenance and quality control and to be able to quickly respond to customer complaints and resolve System problems. Upon request, Franchisee shall provide the County Town with available copies of its Cable System maintenance and quality control plan; provided, this requirement does not prevent Franchisee from designating such materials as confidential in accordance with Section 9;
5.1.13 Shall, if applicable, have antenna supporting structures (i.e., towers) and all wireless facilities that are part of the Cable System designed in accordance with all applicable state and local building codes, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the FCC, and all other applicable codes and regulations;
5.1.14 Shall have all facilities and equipment available to ensure it will transmit or cablecast PEG signals in substantially the same form that the signal was received without substantial alteration or deterioration. All closed-captioned programming retransmitted over the Cable System shall include the closed-captioned signal in a manner that renders that signal available to Subscriber equipment used to decode the captioning;
5.1.15 Shall provide parental control capability over the use of Cable Services on the System, provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s or viewer’s exercise or failure to exercise such controls;
5.1.16 Shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards which the County Town is permitted by a change in law to enforce, and shall substantially conform in all material respects to applicable sections of the following standards and regulations to the extent such standards and regulations remain in effect and are consistent with accepted industry procedures:
5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards;
5.1.16.2 National Electrical Code;
5.1.16.3 National Electrical Safety Code (NESC);
5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration;
5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and
5.1.16.6 The Building Code of Prince George’s Countythe Town, as amended.
5.1.17 Shall include optional equipment so that any pay-- pay-per-view programming can only be activated by the positive action of a Subscriber using, for example, a personal identification number or other individual selection procedure; and
5.1.18 Shall comply with all requirements of Applicable Law, including, but not limited to, the Americans with Disabilities Act. Franchisee shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. For hearing-impaired Subscribers, Franchisee shall provide information concerning the cost and availability of equipment to facilitate the reception of all Basic Services for the hearing impaired. In addition, Franchisee must provide information (upon request) regarding TDD/TTY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired Subscribers to contact Franchisee.
Appears in 1 contract
Samples: Cable Franchise Agreement
