(A) A grantee shall perform all tests necessary to demonstrate compliance with the requirements of its franchise and other performance standards established by law or regulation, and to ensure that system components are operating as expected.
(B) A grantee shall conduct tests as follows:
(1) Acceptance tests on each newly constructed or rebuilt segment prior to subscriber connection or activation;
(2) Proof of performance tests on the system at least once every six months or as required by FCC rules, whichever is more often, except as federal law may otherwise limit the grantee's obligation;
(3) Special tests when subscriber or user complaints indicate tests are warranted;
(4) Special tests, at no cost, at the city's reasonable request.
(C) Tests shall be supervised by the grantee's professional engineer, who shall sign all records of tests provided to the city.
(D) If the city notifies a grantee that the city wishes to observe the next proof of performance test, then the grantee shall provide the city with at least two business days' notice of the test, and an opportunity to observe it. The city may also conduct inspections of construction areas and subscriber installations, including but not limited to inspections to assess compliance with the grantee's construction and installation requirements, its franchise agreement, and applicable laws generally. Inspection does not relieve the grantee of its obligation to build in compliance with all provisions of its franchise.
(E) A written report of the results of any tests required by the city shall be filed with the city within seven days of each test upon the city's request. In addition, the grantee shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the city upon the city's request.
(F) If any test requested by the city indicates that any part or component of the system fails to meet applicable requirements, the grantee, without requirement of additional notice or request from city, shall take corrective action, retest the locations and advise the city of the action taken and results achieved.
(G) The city reserves the right to conduct its own tests upon reasonable notice to the grantee. If noncompliance is found, the expense thereof shall be borne by the grantee. The city will endeavor to arrange any request for such tests so as to minimize hardship or inconvenience to the grantee or to subscribers.
(Ord. 2015-20, passed 11-10-2015)