Tracy Municipal Code Art. 6 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 equivalent 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) Repeated and verified failure to maintain specified technical standards shall constitute a material breach of the franchise.

(Ord. 1025 § 6 (part), 2001)

The grantee shall pay the reasonable out-of-pocket 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, provided that such independent verification shall not occur more frequently than once in any three (3) year period.

(Ord. 1025 § 6 (part), 2001)