(A) Subscriber network.
(1) As of the effective date of this franchise, grantee upgraded its cable system to a fiber to the fiber node cable system architecture, with fiber optic cable deployed from grantee's headend to grantee's fiber nodes, tying into grantee's coaxial cable system already serving subscribers. Grantee's cable system shall be equivalent to or exceed the technical characteristics of a traditional hybrid fiber coaxial ("HFC") 870 MHZ cable system and provide activated two-way capability. The cable system is capable of supporting video and audio. The cable system shall be capable of delivering no fewer than 110 channels of digital video programming services or its equivalent to subscribers. Equipment must be installed so that:
(a) All closed captioning programming received by the cable system shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards;
(b) All local signals received in stereo or with secondary audio tracks (broadcast and access) are retransmitted in those same formats;
(c) All PEG access channels shall meet the signal quality set forth in § 13-5-3-9(B); and
(d) All channels have the technical means through which subscribers will be able to block audio and video in order to exercise their parental control.
(2) All construction shall be subject to the city's permitting process.
(3) Grantee and the city shall meet at the city's request to discuss the progress of the design plan and construction.
(4) Grantee will take prompt corrective action consistent with the requirements of federal law and this franchise if it finds that any facilities or equipment on the cable system are not operating as expected, or if it finds that facilities and equipment do not comply with the requirements of this franchise or applicable law.
(5) Grantee's construction decisions shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of any particular community within the franchise area.
(6) Grantee agrees to maintain the cable system in a manner that:
(a) Is consistent with, or in excess of these specifications throughout the term of the franchise with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this franchise, including the exhibits hereto;
(b) Meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted and as these federal standards are amended from time to time.
(c) Provides the quality of cable service, including signal quality, commensurate with an 870 MHZ cable system according to cable industry standards.
(B) Technology assessment.
(1) The city may notify grantee on or after the fourth year anniversary of the effective date that the city will conduct a technology assessment of grantee's cable system during or after the fifth year of the franchise. The technology assessment may include but is not limited to determining whether grantee's cable system technology and performance are consistent with current technical practices and range and level of services existing in the 15 U.S. cable systems owned and operated by grantee's parent corporation and/or affiliates pursuant to franchises that have been renewed or extended since the effective date, which cable systems serve approximately the same number of subscribers as are served by grantee in the city.
(2) Grantee shall cooperate with the city to provide necessary non-confidential and non-proprietary information upon the city's reasonable request as part of the technology assessment.
(3) At the discretion of the city, findings from the technology assessment may be included in any proceeding commenced for the purpose of identifying future cable-related community needs and interests undertaken by the city pursuant to 47 U.S.C. §546 or other proceedings authorized by state, federal or local law.
(C) Standby power. Grantee's cable system headend shall be capable of providing at least 12 hours of emergency operation. In addition, throughout the term of this franchise grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than four hours. This outage plan and evidence of requisite implementation resources shall be presented to the city no later than 30 days following receipt of a request.
(D) Emergency alert capability. Grantee has provided and shall continue to provide an operating emergency alert system ("EAS") throughout the term of this franchise in compliance with FCC standards and any State of New Mexico and Bernalillo County ("County") requirements. If the city wishes to use the EAS system to transmit emergency signals, it shall work out procedures with the New Mexico – State Emergency Communications Committee and provide grantee prior notice of not less than 60 days. Grantee shall test the EAS as required by the FCC. Upon request, if the city is using the EAS, the city shall be permitted to participate in and/or witness the EAS testing up to twice a year on a schedule formed in consultation with grantee. If the test indicates that the EAS is not performing properly, grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested.
(E) Technical performance and enforcement remedies. The technical performance of the cable system shall meet or exceed all applicable federal (including but not limited to the FCC), state and local technical standards, including without limitation the Digital Cable Network Interface Standard, developed by the Society of Cable Telecommunications Engineers ("SCTE" and "SCTE-40") and adopted by the FCC on September 22, 2017 at 47 C.F.R. Section 76.602, as any of these federal standards or any applicable state or local standards may be amended from time to time, regardless of the transmission technology utilized. The city shall have the full authority permitted by applicable law to enforce compliance with these technical standards.
(F) Cable system performance testing.
(1) Grantee shall at grantee's expense perform all tests required by the FCC on its cable system; all other tests reasonably necessary to determine grantee's compliance with technical standards adopted by the FCC or effective at any time during the term of this franchise; and all other tests otherwise specified in § 13-5-3-11(G) of this franchise. On the effective date of this franchise, this shall include, without limitation, the digital signal leakage testing required if grantee maintains coaxial cable in its cable system and otherwise meets the FCC's parameters.
(2) Grantee shall maintain written records of all results of its cable system tests performed by or for grantee. Copies of such test results will be provided to the city upon reasonable request.
(3) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct ongoing and repeated material deficiencies identified through this testing process shall be a material violation of this franchise. Sites shall be retested following correction.
(G) Additional tests. Where there exists other evidence which in the judgment of the city casts doubt upon the reliability or technical quality of cable service, the city shall have the right and authority to require grantee to test, analyze and report on the performance of the cable system. Grantee shall fully cooperate with the city in performing such testing and shall prepare the results and a report, if requested, within 30 days after testing. Such report shall include the following information:
(1) The nature of the complaint or problem which precipitated the special tests;
(2) The cable system component tested;
(3) The equipment used and procedures employed in testing;
(4) The method, if any, in which such complaint or problem was resolved; and
(5) Any other information pertinent to said tests and analysis which may be required.