The grantee will comply with all FCC rules and regulations regarding tests and performance monitoring of its cable tv system providing copies of its results to the city and in the absence of such rules and regulations the grantee shall comply with the following:
(A) Not later than 90 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, and thereafter on the third anniversary of the effective date of the franchise, the grantee shall conduct technical performance tests to demonstrate substantial compliance with all technical standards contained in this chapter and the franchise agreement and the applicable technical standards and guidelines of the FCC.
(B) Such tests shall be performed by or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of said engineer’s report shall be submitted to the city, describing test results, instrumentation, calibration and test procedures and the qualification of the engineer responsible for the tests.
(C) System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities. Such periodic tests shall be made at the test points as shall be required by the FCC and/or the franchise agreement.
(D) In addition to the performance test reports required herein, a copy of any performance test reports required by the FCC shall be submitted to the city within 60 days of completion.
(E) (1) Whenever there have been similar complaints from more than 10% of the subscribers to the grantee’s system made, or when there exists other substantial evidence which, in the judgement of the city, casts doubt on the reliability or quality of the grantee’s system, the city shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system.
(2) Reports on such tests shall be delivered to the city no later than 14 days after the city reasonably notifies the grantee and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved.
(3) Said tests and analyses shall be supervised by a professional engineer, who shall sign all records of the special tests and forward same to the city with a report interpreting the results of the tests and recommending what actions, if any, should be taken by the grantee or city.
(F) The city shall have the right to employ, at the city’s expense, qualified consultants if necessary or desirable to assist in the administration of this or any other section of this chapter or the franchise agreement.
(Ord. passed 2-16-93)