(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 C.F.R. Part 76 or as amended. If federal law is subsequently amended or minimum technical specifications are no longer mandated by the FCC, 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, licensee shall operate its system in compliance with such FCC requirements.
(c) All maintenance performed on the cable system by the licensee shall be in accordance with FCC regulations governing technical performance and operating standards, currently in effect or hereinafter amended.
(2) Continuous 24-hour operation. The system shall operate continuously for 24 hours daily without severe material degradation or malfunction 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 licensee must make reasonable efforts to notify subscribers within 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 C.F.R. § 76.601 through and including § 76.630. On request of the licensing authority, the licensee shall provide copies of test results and documentation of any required repairs determined to be needed by the required tests.
(5) Maintenance of the system in good working order. Until the termination of this agreement and the satisfaction in full by the licensee of its obligations under this agreement and this chapter, in consideration of the license, the licensee 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. Licensee 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 licensee 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 the County Public Works Department, which shall not be unreasonably withheld or delayed.
(7) Emergency override. The system shall be installed and operated with an emergency alert system in compliance with the rules of the Federal Communications Commission and the state “Emergency Alert System Operation Plan (“state plan”),” as amended from time to time, provided, however, that, notwithstanding any such FCC or state rules, the system shall be configured such that, in the event of a local emergency as reasonably determined by the town, the town shall be able to interrupt, to the extent not prohibited by FCC regulations or the state plan, audio and video signals distributed over the system for the delivery of appropriate signals necessitated by such emergency. The emergency override system will be operated in accordance with the license agreement, and rules and regulations issued by the town as permitted by applicable law and as amended from time to time.
(B) Specifications of the system.
(1) General requirements. Within 90 days after the effective date of the agreement, licensee 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. Local cable communications systems shall operate as a 750 MHZ system, or shall meet the interoperability requirements of this chapter. It shall be two-way active and shall have a return capacity of five to 40 MHZ. Whenever two or more systems (or proposed systems) operate on separate frequencies, such systems shall be made compatible and interoperable insofar that the operations of the EG channels and emergency notification capabilities are not negatively or adversely impacted, and the conditions and requirements of this chapter are achieved.
(Prior Code, Ch. 18, Art. V, § 18-317) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)