(a) Standards. A franchisee shall perform all tests necessary to demonstrate compliance with the requirements of the franchise, and to ensure that the cable system components are operating as required. All tests shall be conducted in accordance with federal rules and any applicable United States National Cable Television Association's recommended practices for measurement and testing. In the event that the FCC's technical performance standards are repealed or are no longer applicable to the cable system, such standards shall remain in force and effect until the Information Technology Officer and the franchisee agree to new standards.
(b) Tests required. A franchisee shall conduct tests as follows:
(1) proof of performance tests on the cable system at least once every six months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the franchisee's obligation. In consultation with the Information Technology Officer, the cable system monitor test points shall be established in accordance with good engineering practices and consistent with FCC guidelines; and
(2) special proof of performance tests, as requested by the County, of a cable system or a segment thereof when subscriber or user complaints indicate tests are warranted.
(c) Supervision. Tests shall be supervised by a franchisee's senior engineer, who shall sign all records of tests provided to the County.
(d) County review. The County shall have the right to be present at and review all required tests on newly constructed or rebuilt segments of a cable system. A franchisee shall provide the County with at least two business days' notice of, and opportunity to observe, any such tests performed on a cable system.
(e) Reports. A franchisee shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the County upon the County's request. The County shall have the same rights the FCC has to inspect a franchisee's performance test data.
(f) Correction of failure. If any test indicates that any part or component of a cable system fails to meet applicable requirements, the franchisee, without requirement of additional notice or request from the County, shall take corrective action, retest the locations and advise the County of the action taken and results achieved, and supply the County with a copy of the results within 30 days from the date corrective action was completed.
(g) Waiver. The Information Technology Officer may, for good cause shown, waive or limit the system test and inspection provisions in this section.
(h) No limitation on technical reviews. This section may not be construed to prevent the County from conducting technical reviews of cable systems at the County's expense pursuant to the procedures specified in this article.
(Bill No. 54-06)