(A) No later than 90 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, and thereafter on the third anniversary of the effective date of the franchise, the grantee shall conduct technical performance tests to demonstrate substantial compliance with all technical standards contained in this chapter and the franchise agreement and the applicable technical standards and guidelines of the FCC.
(B) The tests shall be performed by or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of the engineer’s report shall be submitted to the town, describing test results, instrumentation, calibration, and test procedures and the qualification of the engineer responsible for the tests.
(C) System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities. The periodic tests shall be made at the test points as shall be required by the FCC and/or the franchise agreement.
(D) In addition to the performance test reports required herein, a copy of any performance test reports required by the FCC shall be submitted to the town within 60 days of completion.
(E) Whenever there have been similar complaints from more than 10% of the subscribers to the grantee’s system made, or when there exists other substantial evidence which, in the judgement of the town, casts doubt on the reliability or quality of the grantee’s system, the town shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system. Reports on the tests shall be delivered to the town no later than 14 days after the town reasonably notifies the grantee and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in the testing; the results of the tests; and methods by which the complaints were resolved. The tests and analyses shall be supervised by a professional engineer, who shall sign all records of the special tests and forward same to the town with a report interpreting the results of the tests and recommending what actions, if any, should be taken by the grantee or town.
(F) The town shall have the right to employ, at the town’s expense, qualified consultants if necessary or desirable to assist in the administration of this or any other section of this chapter or the franchise agreement.
(Ord. passed 10-13-1998)