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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.§ <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. 99Jdoand 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 />Section 17. Commercial leased access. <br />Franchisee shall provide commercial leased access channels as requires by Federal law. <br />Section 18. Emergency use of facilities. <br />A. Franchisee shall comply with all FCC rules on emergency use of facilities. <br />B. Franchisee shall 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, shall be installed in the <br />cable distribution plant. <br />Section 19. Lock -out devices. <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 technically feasible. <br />Section 20. Closed- circuit captioning for the hearing impaired. <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 />Cable Franchise Agreement <br />�1 <br />