A. All testing shall be in compliance with the following:
1. All tests shall be in compliance with FCC regulations.
2. If directed by the city manager, tests shall be independently witnessed, and the resultant data analyzed by a representative of the city.
3. All necessary test instrumentation shall be supplied by the grantee, and shall have been calibrated within the preceding twelve months. A current certificate of calibration by an independent calibration laboratory shall be supplied for the reference equipment used to measure the performance of each test instrument. All costs for instrumentation and calibration shall be borne by the grantee.
4. Measurement techniques shall be either (1) those suggested by the FCC, or (2) those developed and mutually agreed to in writing by the city and the grantee prior to system testing. If such agreement is not reached prior to testing, the city shall prescribe acceptable methods of measurement.
5. Concurrent with annual tests, the city representative may, upon reasonable notice, inspect all system head end facilities and outside plant within the city for adherence to accepted industry installation, workmanship, and safety practice.
6. The grantee shall maintain the system so it consistently operates with substantial compliance of the technical standards prescribed with Section 13.12.120. Substantial compliance shall be achieved if ninety-five percent of the channels received meet all applicable technical standards simultaneously at the time of measurement and one hundred percent of the local origination equipment meets all applicable technical specifications.
B. Within thirty days following completion of the construction of the cable system as prescribed herein, a qualified independent electronics engineering firm approved by the city, shall witness an initial proof-of-performance test to ensure system compliance with the technical standards in Section 13.12.120. In compliance with Section 13.12.070 of this chapter all such reasonable costs associated with the required tests shall be borne by the grantee.
If said proof-of-performance tests or construction standards show that the cable television system is below the performance standards outlined in the franchise, the city shall give notice thereof to grantee, and grantee shall have thirty days to correct said deficiency. Grantee will notify the city when such correction has been made, and the engineering firm employed in the previous test will witness the retest to ensure compliance. In the event the resultant tests reveal grantee has failed to correct said deficiency, or if thirty days have elapsed and grantee has not corrected the deficiency, the city may request the engineer to demonstrate, at the grantee's cost, the appropriate correction to the grantee. Grantee shall then have sixty days or other reasonable time required as approved by the city to correct the deficiency. If at the end of the approved time, the deficiency still has not been corrected, the city shall have the option of assessing liquidated damages in accordance with Section 13.12.245 for each and every day the deficiency exists.
C. Six months following the completion and energization of the CATV system, the grantee shall have available on demand system performance data taken within the previous seven days. Measurements for said data shall be taken at the same test points selected to satisfy subsection (D) of this section.
D. The grantee shall during the last month of the fourth operating quarter of each year, or at the time prescribed by the FCC for such tests, perform annual CATV system performance tests. The tests shall meet all criteria specified in subsection A of this section as well as the following:
1. Measurement locations for system compliance with this section, except those requirements regarding twenty-four-hour visual signal amplitude and channel amplitude characteristics, shall include:
a. End of each system major trunk; and
b. End of each system trunk branch four or more trunk amplifiers deep or, in the event the system does not exceed three trunk amplifiers, at the maximum amplifier cascade possible.
Actual test locations shall be selected to measure performance of the system in the franchise area and shall be (or as closely as possible to simulate) actual subscriber locations.
2. Measurements regarding twenty-four-hour visual signal level and channel amplitude characteristics shall be made as required by the FCC.
3. Measurement for system compliance with this section shall be made where practical on all origination equipment employed in the system.
(Ord. 85-07-950 § 1 (part))