(A) Compliance with construction and technical standards.
(1) As provided in the license, the licensee shall construct, install, operate, and maintain its system in a manner such that it operates at all times consistent with all laws, this chapter, construction standards of the town, the FCC rules and regulations, part 76 subpart K (Technical Standards), as amended from time to time and detailed standards submitted by an initial or renewal licensee as part of its proposal, which standards are to be incorporated by reference in an initial or renewal license. In addition, the town may at any time conduct independent measurements of the system. If inaccurate proof of performance reports are shown to have been the result of the licensee’s willful neglect, the licensee shall pay the costs reasonably incurred by the town in obtaining independent verification of technical compliance with all standards.
(2) When there have been multiple, similar complaints by subscribers, or when there exists other evidence that suggests that licensee is not in substantial compliance with the technical standards, the Town Manager shall have the right and authority to compel licensee to test, analyze, and report on the performance of the cable system under the supervision of the Town Manager. Such report shall be delivered to the Town Manager no later than 30 days after the Town Manager requests such test(s) in writing and shall include the following information: the nature of the complaints that precipitated the test(s); which cable system component(s) was/were tested; the equipment used and procedure(s) employed in such testing; the result(s) of such test(s); and the manner in which such complaints were resolved. If such report indicates licensee is in substantial compliance with the technical standards, but there exists evidence suggesting that the licensee is nonetheless not in substantial compliance, the Town Manager may require that the test(s) be repeated within 30 days of the delivery of such report, under the supervision of a professional engineer who is not on the permanent staff of licensee. Such engineer shall sign all records of such repeated test(s) and shall forward to the Town Manager such records, a report interpreting the results, and recommended corrective actions, if any. The fees of such engineer shall be paid by licensee, if the repeated test(s) show(s) licensee is not in substantial compliance with the technical standards of this chapter or the town, if the repeated test(s) show(s) licensee is in substantial compliance with said standards.
(B) Additional specification. Construction, installation, and maintenance of a cable system shall be performed in an orderly and professional manner. All cables and wires shall be installed, where possible, parallel with and in a manner similar to the installation of electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. Underground installations shall be in conformance with all applicable codes. Each cable system shall include equipment capable of providing stand-by power as specified in the license. The equipment shall be so constructed as to automatically revert to the stand-by mode when the electrical utility power returns. The system shall incorporate safeguards necessary to prevent injury to technicians resulting from licensee’s standby power sources. The licensee shall at all time comply with applicable sections of:
(1) National Electrical Safety Code (ANSI) C2-1990;
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) The Uniform Building Code as may be adopted and amended by the town, together with applicable portions of all other uniform codes, as may be adopted and amended by the town, promulgated by the International Conference of Building Officials;
(4) Town zoning code and subdivision regulations, all as from time to time amended and revised, and all other applicable rules and regulations now in effect or hereinafter adopted by the town; and
(5) The Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction, including the latest town supplement thereto.
(C) Emergency service. In accordance with the provisions of FCC rules and regulations part 11, subpart D, § 11.51(h)(1), and as such provisions may from time to time be amended, every licensee shall install and maintain an Emergency Alert System (EAS) and shall transmit all Emergency Act Notifications (EAN) and Emergency Act Terminations (EAT) relating to local and state-wide situations as may be designated to be an emergency by the Local Primary (LP), the State Primary (SP) and/or the State Emergency Operations Center (SEOC), as those authorities are identified and defined within FCC rules and regulations, part 11. In any event, the cable system shall not endanger or interfere with the safety of persons or property in the license area or other areas where the licensee may have equipment located.
(Ord. 2003-07, passed 9-25-2003)