(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, as well as all state and local codes where applicable.
(2) Compliance with electrical codes. All installations of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the Basic BOCA Electrical Code as amended.
(3) Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry Association's R.S.-2-22A Specifications.
(4) Compliance with aviation requirements. Antenna 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 state and local codes and 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, wires, cables, coaxial cables, 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 city 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 on municipal properties.
(6) Safety and nuisance requirements. The grantee at all times shall employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damages, injuries or nuisances 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 communications system on an ongoing basis to determine compliance with the provisions of the franchise agreement. The tests for basic subscriber television services shall be performed periodically, at intervals no greater than six months, on a minimum of 20 subscriber television receivers located throughout the service area. At least eight of such 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 an order to reduce subscriber rates due to degraded service.
(D) Special tests. At any time after the 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 shall be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will 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 hardships or inconvenience to the grantee or to subscribers.
('65 Code, § 7-8.711) (Ord. 244-C.S., passed - - ) Penalty, see § 112.999