(A) Tests. A franchisee shall perform the following tests to demonstrate compliance with the requirements of the franchise and other performance standards established by federal law. All tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of NCTA’s Recommended Practices for Measurements on Cable Television Systems, or if no recent edition exists, such other appropriate manual as the parties may designate.
(1) Preconstruction quality control on cable and equipment. A franchisee shall perform preconstruction quality tests on system components. In case of passive components, this will include testing a significant sample of devices to verify compliance with manufacturer’s specifications.
(a) All trunk and distribution cable shall be sweep-tested on the reels to verify compliance with manufacturer’s specifications for frequency response and loss.
(b) All trunk and distribution amplifiers shall be bench-tested to verify compliance with manufacturer’s specifications.
(c) No component shall be used in the system which fails to meet manufacturer’s specifications. A franchisee shall maintain in the county, records of all preconstruction tests, which the county may inspect during normal business hours on reasonable notice.
(2) Acceptance tests. A franchisee shall perform acceptance tests prior to subscriber connection. The tests shall demonstrate that the system components are operating as expected. The test results shall be submitted to the County Clerk for review by the county. The franchisee shall have the obligation, without further notice from the county, to take corrective action if any system components are not operating as expected. Unless the county determines test results are not adequate to demonstrate system compliance with the standards described above and objects within three working days of receipt of the test results, the portion of the system covered by the tests will be deemed approved for subscriber connection.
(3) Continuing tests.
(a) The franchisee shall select locations at the extremities of the system to install equipment to establish sufficient permanent test points in accordance with federal law and sound engineering practices. The franchisee shall perform proof of performance tests at these locations at least once every six months through the life of the franchise except as federal law otherwise limits its obligation, and at other times and points where complaints indicate tests are warranted. The tests shall demonstrate system compliance with technical specifications established pursuant to franchise, or other applicable law. If the county requests to witness the tests, it shall be notified in writing delivered to the County Clerk at least 48 hours in advance of any testing.
(b) A written report of all test results shall be kept on file by the franchisee and provided to the County Clerk on request. If a location fails to meet performance specifications, the franchisee shall take corrective action and retest the location. The county shall have the option of witnessing such follow-up tests and shall be notified in writing delivered to the County Clerk at least 48 hours in advance of any such follow-up testing.
(c) At any time after commencement of service to subscribers the county may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’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 will be limited to the particular matter in controversy. The county may conduct such tests independently on three days’ advance notice to franchisee. The county will endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the franchisee and the subscriber(s).
(4) All reports of test results shall include executive summaries.
(5) Test procedures used in verification of the performance criteria set forth herein, if not as set forth in § 76.609, Subpart K of the FCC Rules and Regulations, shall be in accordance with good engineering practice and shall be fully described in an attachment to the annual certificate filed with the county.
(6) To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the county shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the county are satisfied.
(B) Inspections. The county may conduct inspections of the system, including to assess compliance with the construction and installation practices manuals and design plans. The franchisee shall be notified in writing of any violations found during the course of inspections. The franchisee must bring violations into compliance within 30 days of the date notice of violation is given, and must submit a report to the County Clerk describing the steps taken to bring itself into compliance. Inspection does not relieve the franchisee of its obligation to build in compliance with all provisions of the franchise.
(1993 Code, § 72.065) (Ord. 96-12, passed 10-16-1996) Penalty, see § 72.999