(a)   Availability of signals and equipment.
      (1)   The shall have a bandwidth capable of providing the equivalent of a typical 750 MHz . Recognizing that the has limited authority under federal law to designate the technical method by which grantee provides , as of the of this franchise, grantee provides its utilizing two different methods. First, using a PON platform, the grantee provides to some by connecting fiber directly to the household (“FTTP”). Second, the grantee provides to some by deploying fiber further into the neighborhoods and using the existing copper infrastructure to increase broadband speeds (“FTTN”). Generally speaking, when grantee deploys FTTN, households located within 4,000 cable feet of a remote terminal shall receive broadband speeds capable of providing . In both the FTTP and FTTN footprint, a household receiving a minimum of 25 Mbps downstream will be capable of receiving after grantee performs certain network grooming and conditioning.
      (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 subsections (a)(1) and (a)(2) above 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, and in a manner which meets or exceeds applicable 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 franchise.
      (2)   Emergency alert capability. At all times during the term of this franchise, 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 applicable law.
      (3)   Standby power. Grantee shall provide standby power generating capacity at the control center and at all nodes. 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 franchise 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 applicable technical standards promulgated by the relating to pursuant to 47 C.F.R. § 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 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 applicable system tests at the intervals required by the , and all other tests reasonably necessary to determine compliance with technical standards required by this franchise. 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 franchise 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 franchise, shall have the right to inspect all construction or installation work performed pursuant to the provisions of the franchise. 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 subscribers 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 ’s choosing, and at ’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. 2015-36, passed 11-16-2015)