Article 8 — 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, such request to be made no more often than annually.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)

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

(§ 3, Ord. 695-C.S., eff. December 13, 2001)

When there have been extensive complaints made or where there exists other demonstrative evidence which, in the reasonable judgment of the grantor, casts reasonable doubt on the reliability or quality of cable service to the effect that the grantee is not in compliance with the requirements of this chapter or its franchise, the grantor shall have the right to compel the grantee to test, analyze and report on the performance of the cable system in order to protect the public against substandard cable service. Grantor may not compel grantee to provide such tests or reports unless and until grantor has provided grantee with at least thirty (30) days prior written notice of its intention to exercise its rights under this section 7-6.803 and has provided grantee with an opportunity to be heard prior to its exercise of such rights. Such test or tests shall be made and the report shall be delivered to the grantor no later than thirty (30) days after the grantor notifies the grantee in writing that it is exercising such right, and shall be made at grantee's sole cost. Such report shall include the following information: The nature of the complaints which precipitated the special tests, what cable system component was tested, the equipment used and procedures employed in said testing, the results of such tests, and the method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded.

If the results of such special tests indicate that the cable system is still not meeting the applicable technical standards, the grantor may, at its discretion, seek technical assistance deemed necessary by the grantor for obtaining independent verification of technical compliance with all FCC and franchise-imposed standards. Such independent verification will be in the form of the grantor or its representative witnessing testing performed by grantee. If such independent verification indicates that the cable system substantially fails to meet prescribed technical standards, then the grantee shall reimburse the reasonable costs incurred by the grantor. Any such payment by grantee shall not be credited against any franchise fees due to the grantor.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)