12.1 Each Cable Operator shall construct, maintain and operate its Cable System safely and render efficient service to Subscribers during the term of any Franchise.
12.2 Each Cable Operator shall construct, upgrade, install, operate, maintain and remove its Cable System in conformance with Occupational Safety and Health Administration regulations, the Maine Electrical Code, the National Electric Code, the NCTA Safety Manual, the National Electric Safety Code, the Bell Telephone System Code of Pole Line Construction, the rules and regulations of the FCC, all building and zoning codes, and all land use restrictions as they may now exist or may be amended or adopted hereafter.
12.3 Any tower constructed for use in a Cable Operator’s Cable System shall comply with the standards contained in "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures", TIA/EIA-222-F as published by the Telecommunications Industry Association, 2500 Wilson Blvd., Arlington, VA~ 22201.
12.4 Installation and physical dimensions of any tower constructed for use in a Cable Operator’s Cable System shall comply with all appropriate Federal Aviation Agency regulations, including, but not limited to, "Objects Affecting Navigable Airspace”, 14 C.F.R. 77.1 et seq., as they now exist or may be amended or adopted hereafter.
12.5 Any antenna structure used, in a Cable Operator’s Cable System shall comply with “Construction, Marking, and Lighting of Antenna Structures", 47 C.F.R. 17.1 et seq., as said regulations now exist or may be amended hereafter.
12.6 Each Cable Operator shall install and maintain its wire, cable, mixers and other equipment in accordance with the requirements of the generally applicable ordinances of the Town as may be amended, and in such a manner which shall not interfere with any installations of the Town or any public utility serving the Town.
(a) The Cable Operator shall respect the rights of privacy of every Subscriber of the Cable Television System and, pursuant to applicable federal law, shall not violate such rights through the use of any device or Signal associated with the Cable Television System, and as hereafter provided.
(b) The Cable Operator shall comply with all privacy provisions contained in this Ordinance and all other applicable federal and State laws including, but not limited to, the provisions of Section 631 of the Cable Act.
(d)~Except as otherwise permitted by applicable law, the Cable Operator shall not tap, monitor, arrange for the tapping or monitoring, or permit any other person to tap or monitor, any cable, line, Signal, input device, or subscriber Outlet or receiver for any purpose, without the prior written authorization of the affected Subscriber; provided, however, that the Cable Operator may conduct system-wide or individually addressed "sweeps" solely for the purpose of verifying System integrity, checking for illegal taps, controlling return_path transmission, or billing for Pay Services. The Cable Operator shall report to the affected parties any instances of monitoring or tapping of the Cable Television System, or any part thereof, of which it has knowledge, whether or not the Cable Operator has authorized such activity, other
than as permitted herein. The Cable Operator shall not record or retain any information transmitted between a Subscriber and any third party, except as required for lawful business purposes. The Franchisee shall destroy all subscriber information of a personal nature after a reasonable period of time except as authorized not to do so by the affected Subscriber.
(e) Except as otherwise permitted by applicable law, the Cable Operator shall not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses of its Subscribers or any list or other information which identifies by name or address, Subscribers viewing habits, to any Person or agency for any purpose whatsoever without the prior written consent of the Subscriber; provided that the Cable Operator may make such lists available to Persons performing services for the Cable Operator in connection with lawful business purposes hereunder (e.g. a billing service) where the availability of such lists is necessary to the performance of such services. A Subscriber may withdraw said consent by providing written notice to the Cable Operator. Every Cable Operator shall provide annual notice to each Subscriber of
the right to withdraw such authorization. In no event shall such authorization be obtained as a condition of service or continuation thereof, except as necessary to adequately provide particular services.
(f) Upon request, the Cable Operator shall make available for inspection by a Subscriber at a reasonable time and place all personal subscriber information that the Cable Operator maintains regarding said Subscriber. A Subscriber may obtain from the Cable Operator a copy of any or all of the personal subscriber information regarding him or her maintained by the Cable Operator.
(g) A Subscriber may challenge the accuracy, completeness, retention, use or dissemination of any item of personal subscriber information. Such challenges and related inquiries about the handling of subscriber information shall be directed to the Cable Operator's General Manager.
12.8 Performance Standards
(a) Technical Standards. Subject to Section 10.13 above, all signals carried on a Cable System shall be transmitted to Subscribers without material degradation and with a quality no less than that prescribed by rules of any Federal or State regulatory agencies having jurisdiction. Anything contained in a Franchise Agreement to the contrary notwithstanding, the technical specifications, operation and performance of the system shall, at minimum, conform at all time to the specifications established by any Federal or State regulatory agencies having jurisdiction thereof, and such specifications existing on the effective date hereof, whichever is of the higher quality.
(b) Performance Testing. At such time as the performance monitoring and testing, conducted pursuant to requirements of any Federal or State regulatory agencies having jurisdiction, provides evidence that the Cable System’s transmissions do not meet the prescribed standards, the performance monitoring and testing shall be repeated for all segments of the Cable System which do not meet such prescribed standards, upon completion of the necessary repair or adjustment, notwithstanding the lack of such requirement by the Federal or State agencies, and a report of the second test submitted to Grantor; provided, that the Cable Operator shall not be required to furnish any such reports with respect to technical problems discovered in the course of the Cable Operator’s routine maintenance testing, except as may be
specifically requested by Grantor in each instance. The Cable Operator shall provide and keep accurately calibrated test equipment on hand at all times for the testing of all services and operational standards outlined in this Franchise Agreement.