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A. Guidelines For System Facilities, Equipment And Services: The following performance guidelines shall serve as the initial minimum guidelines for the design, installation, maintenance and operation of the system:
1. Compliance With FCC Rules:
a. The system shall meet FCC requirements as set forth in (but not limited to) 47 CFR part 76 or as amended. If federal law is subsequently amended or the FCC no longer mandates minimum technical specifications, the technical specifications in effect at the time of adoption of the license agreement shall govern.
b. Should the FCC promulgate amended technical requirements, which exceed the performance guidelines set forth within this license agreement, grantee shall operate its system in compliance with such FCC requirements.
c. All maintenance performed on the cable system by the grantee shall be in accordance with FCC regulations governing technical performance and operating standards, currently in effect or hereinafter amended.
2. Continuous Twenty Four Hour Operation: The system shall operate continuously for twenty four (24) hours daily without severe material degradation of signal except immediately following extraordinary storms which adversely affect utility services or which damage major system components to the extent technically feasible under the circumstances.
3. Scheduled Testing: For any scheduled testing of the system, which causes any substantial interruption to subscriber's service, the grantee must make reasonable efforts to notify subscribers within thirty (30) days prior to such testing and possible interruption. This notification includes, but is not limited to, notification by character generator on the cable system, or neighborhood flyers in the areas to be tested. Insofar as feasible, licensee shall voluntarily interrupt the provision of cable service only with good cause and for the shortest time possible during periods of minimum cable system use.
4. Testing For Compliance With FCC Standards: Following construction of the system, tests shall be conducted on this system which shall meet FCC cable television system technical performance standards of 47 CFR section 76.601 through and including section 76.630. On request of the licensing authority, the grantee shall provide copies of test results and documentation of any required repairs determined to be needed by the required tests.
5. Maintenance Of System In Good Working Order: Until the termination of this agreement and the satisfaction in full by the grantee of its obligations under this agreement and this chapter, in consideration of the license, the grantee agrees that it will maintain all of the material properties, assets and equipment of the system, and all such items added in connection with any upgrade, in good repair and proper working order and condition throughout the term of this agreement.
6. Compliance With Zoning And Construction Codes: Grantee shall comply with the terms of all applicable and lawful zoning, building and other ordinances, regulations, codes, guidelines and laws controlling the location or construction of towers, poles, cables, amplifiers, conduits and other facilities owned, leased and otherwise used by grantee for the cable system. This includes requirements to obtain applicable permits and to pay applicable and lawful plan review, permit and inspection fees. No construction will take place in public easements or public rights of way prior to any required permitting by and approval of city planning department, building department, and/or planning and zoning commission, as may be applicable, and which shall not be unreasonably withheld or delayed.
B. Specifications Of System:
1. General Requirements: Within ninety (90) days after the effective date of the agreement, grantee shall provide to the licensing authority a plan for construction of the system indicating, at least, a general overview of the construction schedule.
2. General Description: The system shall operate as a 550 MHz system. It shall be two-way active and shall have a return capacity of 5 - 40 MHz. (Ord. 05-589, 5-23-2005)