(A) General requirements. Except to the extent to which the FCC has pre-empted the field of technical standards, each BTN for which a franchise is granted under this chapter shall be designed, installed and operated so as to meet the following general requirements.
(1) The system shall be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter authorized by the FCC.
(2) The system shall consist of a cable network having a minimum initial forward bandwidth in compliance with the technical standards and rules of the FCC, provided that if a reverse or feedback circuit is routed through a subscriber’s premises, it shall be connected so as to permit subscriber notification and deactivation.
(3) The system shall be capable of continuous 24-hour daily operation.
(4) The system shall be operated in such a manner as to avoid causing interference with reception of off-the-air signals by nonsubscribers to the network.
(5) The system shall be designed, installed and operated so as to comply with all applicable technical standards and regulations promulgated by the FCC.
(6) The system shall be designed, installed and operated so as to ensure the delivery to all subscribers of standard color and monochrome signals on the FCC-designated Class I television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the network.
(7) The system shall be established and constructed in accordance with the highest standards of the art of cable communications and in accordance with the highest standards of the code of conduct with respect to businesses of the size and type of the grantee.
(B) Performance monitoring. Except to the extent to which the FCC has pre-empted the field of performance monitoring, the following rules shall apply to the grantee.
(1) The performance of each network for which a franchise is granted with respect to the standards set forth in division (A) of this section shall be monitored in accordance with this division.
(2) Test procedures used in verification of the performance criteria set forth in this section, if not as set forth in Paragraph 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 city.
(3) To the extent that the report of measurements as required above may be combined with reports of measurements required by the FCC or other regulatory agencies, the city shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the city are satisfied.
(4) Not later than 13 months after any new or substantially rebuilt portion of the system is made available for service to subscribers, or within such lesser period of time as may be required by the FCC from time to time, technical performance tests shall be conducted by the grantee to demonstrate full compliance with the technical standards of the FCC. 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 report shall be submitted to the city describing test results, instrumentation, calibration and test procedures, and the qualifications of the engineer responsible for the tests.
(5) The city may require additional tests on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, but the tests shall be limited to the particular matter in controversy. The city will endeavor to arrange its requirements for such additional tests so as to minimize hardship or inconvenience to the grantee or to the subscriber.
(C) Interconnections.
(1) Whenever it is financially and technically feasible, the grantee shall construct and operate the network so that the network can be interconnected into all other networks within the city.
(2) Whenever it is financially and technically feasible, the grantee shall construct and operate the network so that the network can be interconnected into all networks adjacent to the city.
(2000 Code, § 5.12.230)