(A) Construction standards.
(1) Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto, being principally 29 U.S.C. §§ 651 et seq., as well as all state and local regulations where applicable.
(2) Compliance with electrical codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the Electrical Code as adopted by the State of Michigan, and all applicable state and local regulations.
(3) Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in ANSI/TIA-222 standards.
(4) Compliance with aviation requirements. Antennas supporting structures (tower) shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local regulations.
(5) Construction standards and requirements. All of the grantee’s plant and equipment, including, but not limited to, the antenna site, head-end and distribution system towers, house connections, structures, poles, wire, cable, 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 the grantor may deem proper 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.
(6) Safety, nuisance, requirements. 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.
(B) Technical standards. The cable communications system shall meet all technical and performance standards contained in the franchise agreement.
(C) Test and compliance procedure. The grantee shall submit, within 60 days after the effective date of the franchise agreement, 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 franchise agreement. The tests shall be performed at intervals no greater than every 12 months, on a minimum of 20 subscriber television receivers, located throughout the service area. At least eight of these locations shall be at the far end of the distribution trunk cables. The tests shall be witnessed by representatives of the grantor, and written test reports shall be submitted to the grantor. If more than 10% 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 20 different locations. A second failure of more than 10% may result, at the grantor’s option, in appropriate remedies.
(D) Special tests. At any time after commencement of service to subscribers the grantor 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 evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.
(Prior Code, § 115.080) (Ord. D-1485, § 7.11, passed 6-3-1985, effective 6-13-1985)