A. A grantee shall construct, operate and maintain the cable system in full compliance with the rules and regulations, including applicable amendments, of the FCC and all other applicable federal, state, or local laws and regulations, including the latest editions of the National Electrical Safety Code. The cable system and all its parts and the installation thereof, shall be subject to inspection by the city and the city hereby reserves the right to review a grantee's construction plans prior to the commencement of construction. A grantee shall perform all tests necessary to demonstrate compliance with the requirements of this chapter and its franchise and other lawful technical standards. Unless a franchise or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the Society of Cable Telecommunications Engineers (SCTE) Recommended Practices, specifically, its Recommended Practices for Fiber Optic Cable Construction and Testing and its Recommended Practices for Coaxial Cable Construction and Testing, or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the city within seven days of a request by the city. If a location fails to meet technical or performance specifications, the grantee, without requirement of additional notice or request from city, shall promptly take corrective action, and retest the locations.
B. A grantee shall provide an emergency alert system ("EAS") and comply with all applicable federal, state, city and regional emergency alert and notification statutes, regulations, and plans, and any other requirements that may be contained within a franchise. The City may use the EAS, under procedures established between the city and the grantee, which are consistent with city, state and federal EAS requirements, to transmit an emergency alert signal, including the ability to override the audio and video on all channels throughout the city from the city's Office of Emergency Management and Communication's 9-1-1 Center or other location as may be designated by the city. A grantee shall test the EAS, as required by the FCC. The city shall be permitted to participate in and/or witness the EAS testing, up to twice a year. If the test indicates that the EAS is not performing properly, a grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested. The city shall permit only appropriately trained and authorized persons to operate the EAS equipment provided pursuant to this chapter.
C. A grantee shall maintain an office within the city which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employ an operator or maintain a telephone answering service, 24 hours per day, each day of the year, to receive subscriber complaints.
D. A grantee shall exercise its best effort to design, construct, operate and maintain the cable system at all times so that signals carried are delivered to subscribers without material degradation in quality (within the limitations imposed by the technical state-of- the-art).
E. Upon request by the Cable Administrator, copies of all correspondence, petitions, reports, applications and other documents sent or received by grantee from federal or state agencies having appropriate jurisdiction in matters affecting the cable system or cable service operations shall be furnished by a grantee to the cable administrator.
F. The cable administrator shall have the authority to specify the manner in which all reports, records, and related information required under this chapter shall be delivered to the City by a grantee. The delivery methods may include hard copy, digital, access via a secure web site, or other reasonable and cost- effective alternative.
G. In the case of any emergency or disaster, the grantee shall, upon request of the city, make available its facilities to the city, without costs, for emergency use during the emergency or disaster period.
(Prior code § 113.1-27; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)