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<br />5. Franchisee hereby agrees that the facilities, equipment, <br />services, and all other support to be provided by franchisee pursuant <br />to Section 10 and this Section 14 constitute capital costs which are <br />required by the franchise to be incurred by franchisee for public, <br />educational, or governmental access facilities within the meaning of <br />section 622(g)(2)(C) of the Communications Act, 47 U.S.C.g <br />542(g)(2)(C); that such grant does not constitute a franchise fee <br />within the meaning of Communications Act, State law, Ordinance <br />No. 99-00and amendments thereto, or this franchise agreement; <br />and that franchisee hereby waives, and will not assert in any <br />proceeding, any claim to the contrary. <br /> <br />Section 17. Conunercialleased access. <br /> <br />Franchisee shalJ provide commercial leased access channels as requires by Federal law . <br /> <br />Section 18. Emergency use of facilities. <br /> <br />A. Franchisee shaH comply with all FCC rules on emergency use of facilities. <br /> <br />B. Franchisee shaH provide standby power generating capacity at the cable system <br />headend and be capable of providing at least two hours of emergency power supply. Standby <br />batteries, capable of providing at least two hours of emergency power, shalJ be installed in the <br />cable distribution plant. <br /> <br />Section 19. Lock-out devices. <br /> <br />Franchisee shall make available at reasonable charge to any residential subscriber, upon <br />the request of such subscriber, a "parental guidance" or "lock-out" device which shall permit the <br />subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel <br />reception to the extent technicaHy feasible. <br /> <br />Section 20. Closed-circuit captioning for the hearing impaired. <br /> <br />Franchisee shall make available at a reasonable charge to any hearing-impaired residential <br />subscriber, upon the request of such subscriber, any equipment beyond the subscriber's equipment <br />capable of decoding closed-circuit captioning information for the hearing impaired. <br /> <br />-18- <br /> <br />Cablt Franchist ^greemem <br /> <br />\ <br /> <br />cPt <br />