(a)
At
such time as the grantee undertakes and completes any upgrade, grantee
shall send written notice to the City. The City shall have 90 days
from receipt of notice of completion to review the sweep analysis
records kept by the grantee which verify the completion of the cable
system bandwidth expansion, and to complete such technical inspections
as may be reasonably necessary to verify that the other components
of the upgrade are complete. The City Manager or his designee may
require the grantee to provide additional facts and information, in
his/her reasonably exercised discretion, necessary to verify completion
of any upgrade.
(b)
The
cable system shall at all times be operated and maintained in compliance
with FCC standards on closed captioning. Equipment must be installed
so that all local signals received in stereo or with secondary audio
tracks (broadcast and access) are retransmitted in those same formats.
(c)
All
construction shall be subject to the City’s permitting process.
(d)
Grantee
and City shall meet, at the City’s request, to discuss construction
before it commences.
(e)
Grantee
will take prompt corrective action if it finds that any facilities
or equipment on the cable system are not operating as expected, or
if it finds that facilities and equipment do not comply with the requirements
of this franchise or applicable law.
(f)
Grantee’s
construction decisions shall be based solely upon legitimate engineering
decisions and shall not take into consideration the income level of
any particular community within the franchise area.
The City shall not be restricted from holding any hearing at
any time, including before or as a condition of renewal, to review
whether or not the cable system and the cable services offered by
the grantee are meeting demonstrated community needs. The parties
recognize and agree that the review may include but is not limited
to the grantee’s participation in/contribution to local programming,
PEG programming and production facilities and equipment that the City
may require.
Grantee shall maintain standby power system supplies, rated
for at least two hours’ duration, throughout the trunk and distribution
networks.
(a)
Grantee
shall provide an operating emergency alert system (“EAS”)
in accordance with and as required by the provisions of FCC Regulations, 47 C.F.R. Part II,
and as such provision may from time to time be amended. Grantee shall
test the EAS as required by federal law. Upon request, the City shall
be permitted to participate in and/or witness any EAS testing. If
the test indicates that the EAS is not performing consistent with
FCC requirements, grantee shall make any necessary adjustment to the
EAS, and the EAS shall be retested as required by federal law.
The technical performance of the cable system shall meet or
exceed all applicable technical standards, as they may be amended
from time to time, regardless of the transmission technology utilized.
The City shall have the full authority permitted by applicable law
to enforce compliance with these technical standards.
(b)
Grantee
shall maintain written records of all results of its cable system
tests, performed by or for grantee, for as long as required by federal
law. Copies of such test results will be available to the City upon
written request.
(c)
Grantee
shall be required to promptly take such corrective measures as are
necessary to correct any performance deficiencies fully and to prevent
their recurrence as far as possible. Grantee’s failure to correct
deficiencies identified through this testing process may be considered
a material violation of this franchise.
Where there exists other evidence which in the reasonable judgment
of the City casts doubt upon the reliability or technical quality
of cable service, the City shall have the right and authority to require
grantee to test, analyze and report on the performance of the cable
system. Grantee shall reasonably cooperate with the City in performing
such testing and shall prepare the results and a report, if requested,
within 30 days after testing. Such report shall include the following
information:
(a)
The
nature of the complaint or problem which precipitated the special
tests;
(b)
The
cable system component tested;
(c)
The
equipment used and procedures employed in testing;
(d)
The
method, if any, in which such complaint or problem was resolved; and
(e)
Any
other information pertinent to said tests and analysis which may be
required.
