(a) The grantee shall perform all tests necessary to determine compliance with the technical standards of Federal Communications Commission 76.601. Tests shall include the following, as a minimum:
(1) Pre-construction;
(2) Initial proof of performance;
(3) Annual compliance tests;
(4) Tests in response to subscriber complaints; and
(5) Monthly monitor tests.
Written records of test results shall be maintained and available for grantor inspection upon request.
(Ord. 593. Passed 7-12-82.)
(b) The tests for the residential network shall be performed periodically, as governed by FCC regulations. The tests may be witnessed by representatives of the Board of Trustees and written test reports shall be submitted to the Board. If more than ten percent of the locations tested fail to meet the performance standards, the grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated for at least twenty different locations. If a second test results in failure of more than ten percent, the Board may, at its sole option, reduce subscriber rates due to degraded service, unless the circumstances of the failure are caused by conditions which are beyond the grantee's reasonable control or which are not reasonably foreseeable. In imposing this penalty, the Board shall comply with the provisions of Section 814.50.
In addition, if the Village has reasonable evidence to support a belief that the service provided fails to meet the performance standards, it may require the grantee to test twenty subscribers. If the service of more than ten percent of such subscribers fails to meet performance standards, the grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated for at least twenty different locations, of which at least eight locations, as the Village may direct, shall be at the far ends of the distribution of the main trunk line. If a second test results in failure of more than ten percent, the Board may, at its sole option, reduce subscriber rates due to degraded service, unless the circumstances of the failure are caused by conditions which are beyond the grantee's reasonable control or which are not reasonably foreseeable. In imposing this penalty, the Board shall comply with the provisions of Section 814.50.
(Ord. 598. Passed 8-23-82.)