(A) All of a franchisee's plant and equipment, including but not limited to the antenna site, head end and distribution system, towers, house connections, structures, poles, wire, cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced pole line construction crews and so as not to:
(1) Endanger or interfere with the safety of any persons or property;
(2) Interfere with improvements the village may deem proper;
(3) Interfere in any manner with the rights of any property owner; or
(4) Unnecessarily hinder or obstruct pedestrian or vehicular traffic on village property.
(B) All of a franchisee's system, including all plant and equipment and all construction, shall meet, at a minimum, all relevant and applicable specifications as set forth in a request by the village for proposal, a franchisee's application, this chapter and this code, when not preempted by higher law. Such specifications, construction standards and performance characteristics shall include, but not be limited to the following listed construction and technical standards.
(1) Construction standards. Methods of construction, installation and maintenance of the cable communications system shall comply with all applicable laws and regulations.
(2) Technical standards. A franchisee shall comply with all the rules and standards for cable communications operations as adopted by the FCC.
(3) Performance testing.
(a) Performance requirements and standards specified in this chapter, and in all FCC requirements and standards, shall be measured at the time of initial testing as provided in subsection (B)(3)b. of this section to ensure compliance with all specified requirements and standards for construction. Measurements shall be taken and recorded as specified in the Cable Television Information Center Specifications. All costs of such tests shall be borne by a franchisee, including all costs associated with the hiring of an independent supervising engineer pursuant to subsection (B)(3)j. of this section.
(b) Initial proof of performance testing shall occur within 60 days of the commencement of cable service to each section of the system franchise area as delineated in a construction timetable which shall be submitted with a franchisee's application and bid proposal and also included in the final franchise agreement. Initial proof of performance shall also be tested within 30 days of the commencement of cable service to new subscribers on any extension of the system not specified in the construction timetable and within 30 days after service has been extended to new subscribers upon any reconstruction of the cable system.
(c) All measurements shall be made using instruments which are appropriate for making each performance test. Such instruments shall be sufficiently sensitive to measure each parameter accurately. The accuracy of the instruments must meet those standards developed by the National Bureau of Standards for Test Equipment. Such test equipment and instruments shall know a correction factor for bandwidth and scale position where applicable. All measurements shall be taken at test points to be designated in a franchisee's application, which shall also be included in the franchise agreement.
(d) Tests and measurements to ensure compliance with the technical standards shall be performed in a manner that is consistent with the provisions of federal law and regulations.
(e) Performance requirements and standards specified in this document, including all FCC requirements and standards and all local performance guidelines, shall be measured annually to ensure compliance with all specified requirements and standards. Measurements shall be taken and recorded as specified in this subsection (B)(3). All costs of such tests shall be borne by the franchisee.
(f) Routine proof of performance tests shall be made on a periodic basis to ensure compliance with applicable performance standards. Measurements shall be taken and recorded as specified in this subsection (B)(3). All costs of such tests shall be borne by the franchisee.
(g) When complaints have been made or when other evidence exists which, in the judgment of the Village Council, casts doubt on the reliability or quality of cable service, the village shall have the right and authority to compel a franchisee to test, analyze and report on the performance of the system. The test or tests shall be made and the reports of such tests shall be delivered to the village no later than 14 days after the Village Council formally notifies a franchisee.
(h) The village’s rights under subsection (B)(3)g. of this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on such complaints or other evidence when and under such circumstances as the village has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public substandard cable service. All costs for such tests shall be borne by the franchisee.
(i) Reports required pursuant to subsection (B)(3)g. of this section shall include information setting forth the nature of the complaint or other evidence which precipitated the special tests, what system component was tested, the equipment used and procedures employed in such testing, the results of the testing and the resolution of the complaint or problem. Any additional information pertinent to the special test or specifically requested by the village shall be reported.
(j) All performance testing shall be done under the supervision and direction of a qualified engineer not on the permanent staff of the franchisee. The engineer shall be selected by a franchisee and approved by the Village Council or his or her designated representative after reviewing the individual's professional qualifications and a statement, provided by the engineer, indicating all associations or relationships of any nature which that individual may currently have or may formerly have had with the franchisee. All records of performance tests and their results shall be signed and certified by the engineer who shall include in the records a copy of his or her qualifications and of the statement.
(C) If, at any time, the cable communications system or any portion thereof fails to comply with any of the standards set forth in this section, the Village Engineer shall send written notice to a franchisee listing any deficiencies and requiring a franchisee to repair, alter or correct the deficiencies so as to meet all such standards. A franchisee shall have 30 days after the date of the notice within which to correct the deficiencies. A franchisee's failure to correct the deficiencies within 30 days shall subject it to the penalties provided in § 113.140, unless the penalty is waived by the Village Council upon a showing by a franchisee that it has made all reasonable efforts to correct the deficiency but has been unable to do so due to the occurrence of conditions beyond its control. If deficiencies in the cable communications system remain after the 30-day period, the Village Council may direct the Engineering Department to correct such deficiencies, and a franchisee shall pay all reasonable costs associated therewith.
(D) Where the provisions of any codes or regulations referred to in this section are in conflict, the more stringent provisions, as determined by the Village Engineer, shall be deemed to apply.
(Ord. passed - -)