(a) The grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, Federal Communications Commission technical standards and any standards set forth in its franchise agreement.
(b) Repeated and verified failure to maintain specified technical standards shall constitute a material franchise violation.
(c) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable local, State and Federal laws and regulations.
(d) All installation of electronic equipment shall be installed in accordance with the provisions of the National Electrical Safety Code and the National Electrical Code, as they may from time to time be amended.
(e) Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable local, State and Federal laws and regulations.
(f) All of the grantee's plant and equipment located within the franchise area, including, but not limited to, the antenna site, the head-end and distribution system, towers, house connections, structures, poles, wire, coaxial 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 that the City may deem appropriate 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.
(g) The grantee shall at all times employ ordinary 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.
(h) The grantee shall, at the grantee's expense, perform the following tests on its cable system:
(1) All tests required by the FCC;
(2) All other tests as otherwise specified in this chapter or the franchise agreement; and
(3) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of the franchise.
The grantee shall maintain written records of all results of its cable system tests, performed by or for the grantee. Such test results shall be made available to the grantor upon request within two weeks.
(i) The grantee shall submit to the grantor, upon written request, within sixty days after the activation of the new system, a detailed test plan describing the methods and schedules for testing the cable system on an ongoing basis to determine compliance with the provisions of the FCC technical standards. The tests may be witnessed by representatives of the grantor, and written test reports shall be available to the grantor upon written request. The grantee shall provide the grantor with thirty days notice of the required annual FCC proof of performance tests. In the event of any FCC test failures, FCC procedures shall apply.
(j) At any time after commencement of service to subscribers, the grantor may require, where reasonable, additional tests, full or partial repeat tests, different test procedures or tests involving a specified subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating any unresolved controversy or noncompliance, and such tests shall be limited to the particular matter in controversy. The grantor shall endeavor to so arrange its request for such special tests as to minimize hardship or inconvenience to the grantee or the subscriber. Failure to perform such properly requested additional tests within thirty days shall constitute a material breach of the franchise agreement.
(Ord. 1997-19. Passed 4-28-98.)