Calabasas Municipal Code Art. IX Technical Standards

A. The grantee shall construct, install, operate and maintain its cable system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards set forth in its franchise agreement. In addition, the grantee shall provide to the grantor, upon written request, a written report of the results of the grantee's periodic proof of performance tests conducted pursuant to FCC and franchise standards and guidelines.

B. Should the FCC no longer require proof of performance tests, the grantee shall make and submit such proof of performance tests and reports in response to a written request from the grantor. Such report shall be submitted to the grantor within thirty (30) days of issuance of the grantor request.

C. Any time the signal provided on grantee's cable system does not meet FCC technical standards or the technical standards of grantee's franchise application and/or grantee's franchise agreement, the grantee shall make a pro rata rebate, in money or services, to each subscriber based upon the percentage by which the signal falls below the most stringent technical standard and upon the length of time that such condition has existed. Such rebate shall be made to the satisfaction of each subscriber, or of the grantor, if agreement with the subscriber cannot be reached.

(Ord. 99-141 § 1 (part), 1999)

Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the franchise.

(Ord. 99-141 § 1 (part), 1999)

The grantee shall pay the costs incurred by the grantor for obtaining any technical assistance deemed necessary by the grantor for obtaining independent verification of technical compliance with all franchise-imposed standards. Any such payment by grantee shall not be credited against any franchise fees due to the grantor.

(Ord. 99-141 § 1 (part), 1999)