(a)   Availability of signals and equipment.
      (1)   Prior to the of this , grantee upgraded its to a fiber to the fiber node architecture, with fiber optic cable deployed from grantee's headend to grantee's fiber nodes, tying into grantee's coaxial already serving . Active and passive devices currently are passing a minimum of 750 MHZ (with a minimum passband of between 50 and 750 MHZ) providing to at least two hundred (200) or more activated minimum downstream video and minimum activated upstream digital capacity of 35 MHZ accessible from any node and any residential in the . This upstream capacity requires no additional installation of equipment for use except on users' premises.
      (2)   The entire system shall be technically capable of transmitting NTSC analog, compressed digital and HDTV transmissions. The grantee shall comply with all regulations regarding carriage of digital and HDTV transmissions.
      (3)   Grantee agrees to maintain the in a manner consistent with, or in excess of the specifications in § 20.20(1) and (2) throughout the term of the with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this , including the exhibits hereto, and in a manner which meets or exceeds technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted.
   (b)   System specifications.
      (1)   System maintenance. In all its construction and service provision activities, grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this .
      (2)   Emergency alert capability. At all times during the term of this , grantee shall provide and maintain an emergency alert system (EAS) consistent with applicable federal law and regulations including 47 C.F.R. Part 11, and any Minnesota State Emergency Alert System requirements. The may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The may also develop a local plan containing methods of EAS message distribution, subject to and the EAS Plan. Nothing in this section is intended to expand grantee's obligations beyond that which is required by the EAS Plan and .
      (3)   Standby power. Grantee shall provide standby power generating capacity at the control center and at all hubs. Grantee shall maintain standby power system supplies, rated at least at two hours' duration, throughout the trunk and distribution networks. In addition, grantee shall have in place throughout the term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two hours.
   (c)   Technical and safety standards.
      (1)   Grantee shall comply with the technical standards promulgated by the relating to pursuant to 47 C.F.R. Part 76, Subpart K, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference.
      (2)   Grantee shall install and maintain its in accordance with the applicable requirements of the National Electrical Safety Code, and in such manner that the shall not interfere with any installations of the or any public utility or institutional utility, or any franchisee, licensee or permittee of the .
      (3)   Grantee shall provide and put in use such equipment and appliances as shall control on a closed circuit basis and effectually carry all electric currents and grantee television and other system signal impulses in a manner so as to prevent injury to the wires, pipes, structures, and property belonging to the or to any within the .
   (d)   Performance testing. Grantee shall perform all system tests at the intervals required by the , and all other tests reasonably necessary to determine compliance with technical standards required by this . These tests shall include, at a minimum:
      (1)   Initial proof of performance for any construction;
      (2)   Semi-annual compliance tests;
      (3)   Tests in response to complaints;
      (4)   Tests requested by the to demonstrate compliance; and
      (5)   Written records of all system test results performed by or for grantee shall be maintained, and shall be available for inspection upon request.
   (e)   Special testing.
      (1)   Throughout the term of this , shall have the right to inspect all construction or installation work performed pursuant to the provisions of the . In addition, may require special testing of a location or locations within the system if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to grantee or to the caused by such testing.
      (2)   Before ordering such tests, grantee shall be afforded 30 following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. shall meet with grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, wishes to commence special tests and the 30 have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at grantee's expense by grantee's qualified engineer. The shall have a right to participate in such testing by having an engineer of city's choosing, and at city's expense, observe and monitor said testing.
   (f)    reports. The results of any tests required to be filed by grantee with the shall also be copied to within ten of the conduct of the date of the tests.
(Ord. 2015-7, passed 1-26-2015)