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(a) Any cable system within the city shall substantially meet or exceed all FCC technical and signal quality standards now in existence for cable systems in 47 C.F.R. §§ 76.601 to 76.619. Those standards, as they now exist and may from time to time be amended, are incorporated herein by reference.
(b) All television signals transmitted on a cable system shall include any closed circuit captioning information for the hearing impaired that is included within the signal as received.
(c) Antennas, supporting structures, headend and associated equipment, and outside plant used in the system, shall be designed to comply with the recommendations of the Electronics Industry Association on tower structures and outside plant, and with all applicable law.
(d) All construction, installation and maintenance shall comply with the National Electrical Safety Code and the National Electrical Code, and in the case of conflict between the two aforesaid codes, with the most protective alternative.
(e) A franchisee shall not design, install or operate its facilities in a manner that is likely to interfere with the signals of any broadcast station, the electrical or telephone system located in any building, the cable system of another franchisee, or individual or master antennas used for receiving television or other broadcast signals.
(f) At the franchisee’s expense, the franchisee shall complete performance tests at least twice each calendar year. The performance tests shall be directed at determining the extent to which the system complies with all technical standards set forth in 47 C.F.R. § 76.605(a) and shall include measurements taken at six widely separated points. The measurements may be taken at convenient monitoring points in the cable network, provided that data shall be included to relate the measured performance of the system as would be viewed from a nearby subscriber terminal.
(1) Measurements regarding 24 hour visual signal level and channel amplitude characteristics shall be made as required by the FCC or, if not so required, in accordance with accepted industry and sound engineering practice.
(2) Other measurement techniques shall be those suggested or required by the FCC.
(g) If a semiannual performance test reveals a failure to substantially meet FCC standards or the standards set forth herein, then the franchisee shall correct the failure as soon as is possible given the nature of the deficiency, shall maintain records of the corrective action taken, and shall immediately provide the aforesaid records to the city.
(h) A franchisee’s level of compliance with standards established by the FCC and the sufficiency of any corrective action required by this section may be considered relative to the renewal of a franchise, as provided by § 626 of the Cable Act, 47 U.S.C. § 546, unless otherwise prohibited by law.
(i) A franchisee shall allow a representative of the city to be present at any of the semiannual performance tests required by this section. Upon request, a franchisee shall inform the city of the anticipated date(s) of the next performance test and shall further use its best efforts to coordinate attendance by a representative of the city at the test.
(j) All performance tests shall be maintained by a franchisee at the franchisee’s local business office for at least five years, and any performance test results retained by the franchisee and requested by the city shall be promptly provided.
(k) In addition to the semiannual performance tests required by subsection (f) hereof, the city may, on reasonable prior notice, conduct its own performance tests of the system to determine whether the system is in compliance with applicable FCC standards and the standards set forth herein. If the city’s test reveals that the franchisee’s system is not in compliance with those standards, and the most recent semiannual test required by subsection (f) hereof concluded that the franchisee’s system is in compliance with those standards, then the franchisee shall, at its expense, correct any deficiency as soon as possible in accordance with subsection (g) hereof and permit the city to reinspect the system with the franchisee to confirm compliance, the expense of such reinspection to be borne by the franchisee.
(l) A franchisee shall maintain all of its real property, headend facilities and outside plant in a safe and not unsightly condition.
(Ord. 97-2, passed 1-9-1997)