A. Standards: The cable communications system shall meet all technical and performance standards contained in the franchise agreement and as required by the FCC.
B. Test And Compliance Procedure: The grantee shall submit, within sixty (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 for basic cable service shall be performed at intervals no greater than twelve (12) months. The tests may be witnessed by representatives of the grantor, and written test reports shall be submitted to the grantor. If more than ten percent (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. A second failure of more than ten percent (10%) may be considered a breach of the franchise agreement.
C. 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.
D. Costs Of Tests: The costs of all tests required by subsections B and C of this Section, and retesting as necessary, shall be borne by the grantee, except that if grantor requires the utilization of outside consultants or test personnel, then such costs shall be borne by the grantor. (Ord. 3-95, 3-21-1995)