A. The grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, federal communications commission technical standards, and any standards set forth in this chapter and the permit agreement. In addition, the grantee shall provide to the grantor, upon request, a written report of the results of the grantee's periodic proof of performance tests conducted pursuant to federal communications commission standards and guidelines.
1. Minimum Network Technical Requirements: The cable system shall be operated so as to meet the following general objectives:
a. Capable of continuous twenty four (24) hour daily operation.
b. Capable of operating over an outdoor temperature range of twenty degrees Fahrenheit (20°F) to one hundred twenty plus degrees Fahrenheit (120+°F) without catastrophic failure or irreversible performance changes over variations in supply voltages from one hundred five (105) to one hundred thirty (130) volts AC.
c. Capable of meeting all specifications as set forth herein over an outdoor temperature range of zero degrees Fahrenheit (0°F) to one hundred plus degrees Fahrenheit (100+°F) over variations in supply voltages from one hundred five (105) to one hundred thirty (130) volts AC.
d. Operated in such a manner as to avoid causing interference with reception of off the air signals by nonsubscriber to the network.
e. Designed, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signals on the FCC designed class 1 channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the cable system.
2. Performance Monitoring:
a. Test procedures used in verification of the performance criteria set forth herein, if not 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 report to be filed on request by the city.
b. 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 city shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the city are satisfied.
c. At any time after commencement of service to subscribers the city 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 good faith evidence indicating an unresolved controversy or significant noncompliance by the grantee, and such tests will be limited to the particular matter in controversy. The city will endeavor to so arrange its request for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.
B. Repeated and verified failure to maintain specified technical standards shall constitute a material permit 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 national electrical code, as amended, and as may from time to time be amended.
E. Antennas 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 grantee's plant and equipment, including, but not limited to, the antenna site, headend 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. 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. (Ord. 6007, 8-23-2004)