§ 10. Maintenance and safety standards.
(a)
Company shall limit failures to a minimum by locating and correcting malfunctions promptly. In the event that service to any subscriber is interrupted for forty-eight (48) or more consecutive hours, as measured from the time subscriber calls in or otherwise registers their complaint, verbally or in writing, with representatives of Company, Company shall grant such subscribers a pro rata credit or rebate of that portion of the regular monthly charge during the next consecutive billing cycle, or, at Company's option, apply such credit to any outstanding balance then currently due.
(b)
The system shall be maintained and operated so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems, provided, however, pursuant to federal law, any default of such standards is subject to the jurisdiction of the FCC.
(c)
Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the cable plat shall be routinely inspected and maintained so that conditions which could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. Company shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the City or any public utility serving the city.
(d)
All structures and all lines, equipment, and connections in, over, under and upon streets, alleys, sidewalks, and other public ways and public places shall at all times be kept and maintained in a safe, suitable, and substantial condition and in good order and repair.
(e)
In accordance with and at the time required by the provisions of FCC Regulations Part 11, subpart D, Section 11.51(h)(1), and as such provisions may from time to time be amended,
Company shall install, if it has not already done so, and maintain an Emergency Alert System (EAS) for use in transmitting Emergency Act Notifications (EAN) and Emergency Act Terminations (EAT) in local and state-wide situations as may be designated to be an emergency by the Local Primary (LP), the State Primary (SP) and/or the State Emergency Operations Center (SEOC), as those authorities are identified and defined within FCC Reg. Section 11.51.
(f)
City shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of Company's Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System.