Common use of System Characteristics Clause in Contracts

System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements: 5.1.1 The System shall be designed with an initial analog and digital carrier passband between 50 MHz and 860 MHz. 5.1.2 The System shall be designed be a fiber optic or metallic plant. 5.1.3 The System shall use a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the Franchise Term. The FTTP Network shall have no active elements, except at the headend and at the customer premise or multi-dwelling unit utility closet. 5.1.4 Protection against outages due to power failures, so that back-up power is available for at least 24 hours at each headend, and four (4) hours at each multi- dwelling utility closet, outdoor cabinets, and power supply site serving multiple dwellings. 5.1.5 Facilities and equipment of good and durable quality, generally used in high-quality, reliable, systems of similar design. 5.1.6 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 5.1.17. 5.1.7 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 All 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 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 subscriber. 5.1.10 All 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 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 All facilities and equipment 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. 5.1.13 Design capable of interconnecting with other cable systems in the Franchise Area as set forth in Section 5.3 of this Agreement. 5.1.14 Facilities and equipment at the headend shall allow Franchisee to transmit or cablecast signals without material degradation as such term is defined by the FCC. 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 Shall transmit in high definition any signal which is received in high definition format except that Franchisee shall also be permitted to down-convert such high- definition signals to analog format for delivery to Subscribers of Franchisee’s analog Cable Service. 5.1.16 Shall provide adequate security provisions in its Subscriber site equipment to permit parental control 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. 5.1.17 The Cable System must 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 LFA 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: 5.1.17.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.17.2 National Electrical Code; 5.1.17.3 National Electrical Safety Code (NESC); 5.1.17.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.17.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.17.6 The ▇▇▇▇▇▇ County Building Code.

Appears in 2 contracts

Sources: Franchise Agreement, Franchise Agreement

System Characteristics. Franchisee’s 's Cable System shall meet or exceed the following requirements: 5.1.1 The System shall be designed with to be an initial analog and digital carrier passband between 50 MHz and 860 MHzactive two-way plant for subscriber interaction, if any, required for the selection or use of Cable Service. 5.1.2 The System shall be designed be a fiber optic or metallic plant. 5.1.3 The System shall use a modern Modem design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the Franchise Term. The FTTP Network shall initially utilize the ITU 0.983 Passive Optical Network standard and have no active elements, except at elements so as to make it more reliable. 5.1.3 The FTTP Network fiber shall be initially designed utilizing splitters of no greater than thirty-two (32) homes per splitter. The FTTP Network shall be pass-through or paSSIVe. 5.1.4 Status monitoring capability shall be a feature of the headend and electronics at the customer premise premises in the FTTP Network. The FTTP Network shall deliver fiber to an Optical Network Terminal ("ONT") at the Subscriber's premises. The ONT shall automatically measure optical signal and RF signal strength at the Subscriber's premises, and the digital (QAM) signal being delivered via the ONT to the copper interface inside the premises shall be 7 dBm V or multibetter. Non-dwelling unit utility closetQAM signals shall have signal strength proportionate to digital QAM carriers of 7dBm V or better, relative to the type of signal. 5.1.4 5.1.5 Protection against outages due to power failures, so that back-up power is available at a minimum for at least 24 hours at each headend, and conforming to industry standards, but in no event rated for less than four (4) hours hours, at each multi- dwelling utility closet, outdoor cabinets, and power supply site serving multiple dwellingssite. 5.1.5 5.1.6 Facilities and equipment of good and durable quality, generally used in high-quality, reliable, systems of similar design. 5.1.6 5.1.7 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 5.1.17. 5.1.7 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 time5.1.16. 5.1.8 All 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 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 subscriber. 5.1.10 All 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 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 All facilities and equipment 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. 5.1.13 Design capable of interconnecting with other cable systems in the Franchise Area as set forth in Section 5.3 of this Agreement. 5.1.14 Facilities and equipment at the headend shall allow Franchisee to transmit or cablecast signals in substantially the form received, without material degradation as such term is defined by the FCCsubstantial alteration or deterioration. 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-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 5.1.14 Shall transmit in high definition any signal which is received in high definition format except that Franchisee shall also format. Actual carriage of any such high definition channels will be permitted to down-convert such high- definition signals to analog format for delivery to Subscribers of at Franchisee’s analog Cable Service's sole discretion. 5.1.16 5.1.15 Shall provide adequate security provisions in its Subscriber site equipment to permit parental control 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, provided, however, that Franchisee shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber’s 's or viewer’s 's exercise or failure to exercise such controls. 5.1.17 5.1.16 The Cable System must 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 LFA is may be 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 procedureseffect: 5.1.17.1 5.1.16.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.17.2 5.1.16.2 National Electrical Code; 5.1.17.3 5.1.16.3 National Electrical Safety Code (NESC); 5.1.17.4 5.1.16.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.17.5 5.1.16.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.17.6 5.1.16.6 The ▇▇▇▇▇▇ County Building Code.

Appears in 1 contract

Sources: Cable Franchise Agreement

System Characteristics. Franchisee’s Cable System shall meet or exceed the following requirements: 5.1.1 The System shall be designed with an initial analog and digital carrier passband between 50 MHz and 860 MHz. 5.1.2 The System shall be designed be a fiber optic or metallic plant. 5.1.3 The System shall use a modern design when built, utilizing an architecture that will permit additional improvements necessary for high quality and reliable service throughout the Franchise Term. The FTTP Network shall have no active elements, except at the headend and at the customer premise or multi-dwelling unit utility closet. 5.1.4 Protection against outages due to power failures, so that back-up power is available for at least 24 hours at each headend, and four (4) hours at each multi- dwelling utility closet, outdoor cabinets, and power supply site serving multiple dwellings. 5.1.5 Facilities and equipment of good and durable quality, generally used in high-quality, reliable, systems of similar design. 5.1.6 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 5.1.17. 5.1.7 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 All 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 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 subscriber. 5.1.10 All 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 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 All facilities and equipment 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. 5.1.13 Design capable of interconnecting with other cable systems in the Franchise Area as set forth in Section 5.3 of this Agreement. 5.1.14 Facilities and equipment at the headend shall allow Franchisee to transmit or cablecast signals without material degradation as such term is defined by the FCC. 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 Shall transmit in high definition any signal which is received in high definition format except that Franchisee shall also be permitted to down-convert such high- definition signals to analog format for delivery to Subscribers of Franchisee’s analog Cable Service. 5.1.16 Shall provide adequate security provisions in its Subscriber site equipment to permit parental control 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. 5.1.17 The Cable System must 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 LFA 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: 5.1.17.1 Occupational Safety and Health Administration (OSHA) Safety and Health Standards; 5.1.17.2 National Electrical Code; 5.1.17.3 National Electrical Safety Code (NESC); 5.1.17.4 Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; 5.1.17.5 Constructing, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and 5.1.17.6 The ▇▇▇▇▇▇ Howard County Building Code.

Appears in 1 contract

Sources: Franchise Agreement