Unless a review of future cable-related needs
and interests (whether conducted prior to issuance of an RFP or in
evaluating an unsolicited proposal) shows that different standards
should apply, every cable system must at least satisfy the following
requirements.
Any cable system constructed, upgraded or reconstructed
after the effective date of this chapter at a minimum shall be either
a fiber-based, 550 MHZ system bandwidth and equipment or such other
system as is state-of-the-art as recognized by the CATV industry at
that time. The system shall be designed so that all service tiers
can be received in accordance with the Cable Act's buy through regulations,
including grandfather provisions.
The franchise shall provide the township a full
description of the system proposed for construction and shall, upon
completion of any system modification or upgrade, submit to the township
as-built maps for the entire system, as modified or upgraded, to the
extent such maps have not previously been provided to the township.
A.Â
The system shall be designed so that it may be interconnected
with other cable systems.
B.Â
The franchisee shall, at the request of the township,
interconnect with other cable systems, provided that the other cable
systems agree and it is technically and economically feasible in the
reasonable discretion of the franchisee.
Unless otherwise specified in a franchise agreement,
after cable service has been established by activating trunk and distribution
cable for an area specified in a franchise agreement, the franchisee
shall provide cable service to any household requesting cable service
within that area, including each multiple dwelling unit in that area,
provided that the franchisee gains right of access.
A.Â
Any cable system within the township shall meet or
exceed the technical standards set forth in 47 C.F.R. § 76.601
and any other applicable technical standards, including any such standards
as hereafter may be amended or adopted by the Federal Communication
Commission.
B.Â
A franchisee shall not design, install or operate
its facilities in a manner that will interfere with the signals of
any broadcast station, the facilities of any public utility, the cable
system of another franchisee, individual or master antennas used for
receiving television or other broadcast signals or fire, police or
aviation signals.
C.Â
At the times specified in the franchise agreement
or as required by Federal Communication Commission rules, the franchisee
shall perform, at its expense, proof of performance tests and such
other tests as may be specified in the franchise agreement, designed
to demonstrate compliance with this Article, the franchise agreement
and Federal Communications Commission requirements. Upon request,
the franchise shall provide the proof of performance test results
promptly to the township, if requested by the township. The township
shall have the right to inspect the cable system facilities during
and after their construction to ensure compliance with this section,
the franchise agreement and applicable provisions of local, state
and federal law and may require the franchisee to perform additional
tests consistent with Federal Communications Commission rules based
upon its prior investigation of system performance or upon subscriber
complaints.
