(A) Construction standards.
(1) Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act, being 29 U.S.C. §§ 651 et sq., and any amendments thereto as well as all state and local codes where applicable.
(2) Compliance with electrical codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the Basic BOCA Electrical Code, as amended.
(3) Antenna and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association’s specifications.
(4) Compliance with aviation requirements. Antenna supporting structures (tower) shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations.
(5) Construction standards and requirements. All of a grantee’s distribution system and equipment, including, but not limited to, the antenna site, headend and distribution system towers, house connections, structures, poles, wire, cable, coaxial cable, fiber optic cable, fixtures, and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained, and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the grantor may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(6) Safety, nuisance requirements. A grantee shall at all times employ care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(B) Technical standards. A telecommunications system created or built as a direct result of the award of a franchise hereunder shall meet all technical and performance standards specified by law, FCC rules, or specifications contained in a franchise.
(C) Test and compliance procedure. If so required in a franchise awarded hereunder, a grantee shall submit, within 60 days after the effective date of a franchise award, a detailed test plan describing the methods and schedules for testing the system on an ongoing basis to determine compliance with the provisions of a franchise. Such tests shall be those necessary to measure compliance with existing federal law or FCC rules. The tests for basic subscriber television services shall be performed at intervals no greater than every 12 months, on a minimum of ten subscriber television receivers, located throughout the service area. At least six of these locations shall be at the far end of the distribution trunk cables. The tests shall be witnessed by representatives of the grantor, and written test reports shall be submitted to the grantor. If more than 10% of the locations tested fail to meet the performance standards, a grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated for at least ten different locations.
(D) Special tests. At any time after commencement of service to subscribers, the grantor may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific user’s terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the user.
(2011 Code, § 14.20.100) Penalty, see § 114.999