(a) No newly constructed system services shall be offered for sale prior to proof-of-performance testing in accordance with FCC Part 76.601 and the technical specifications and standards listed in the franchise agreement. Such initial proof-of-performance testing, and annual proof-of-performance testing, may be conducted by the County, or its designated representative, at the County’s option, when for sufficient cause as deemed by the Board or its designated representative. The County reserves the right to have the measurements conducted at County selected test points and to a greater number of test points than the minimum required by Section 76.601 of the FCC Rules. Additionally, the grantee shall reimburse the County for all expenses by it in connection with the County conducting or observing the annual performance tests when the results of such tests are deemed by the County to fall below a ninety (90%) percent level of compliance with the technical standards as set forth in FCC Part 76 and in the franchise agreement.
(b) If, after a public hearing, notice of which has been given in the manner prescribed by Section 11-1.406 of Article 4 of this chapter, the Board finds that a grantee has failed to comply with or maintain the technical standards or quality of service set forth in the franchise documents for such franchise, the Board may order the grantee to make specifically enumerated repairs or improvements in the system or changes in the maintenance, repair, or operation of the system. The grantee shall complete such repairs or improvements within a reasonable time and, in any event, not later than six (6) months following the date on which the order requiring repairs or improvements is mailed to the grantee. (§ 1, Ord. 961, eff. October 27,1983, as amended by § 5, Ord. 1007, eff. June 13, 1985)