27.130 System Facilities, Equipment, and Services.

In addition to satisfying such requirements as may be established through the application process, every cable system shall be subject to the following conditions, except as prohibited by Federal law:

(1) Provision of Service. Unless standards are otherwise specified in a franchise agreement, after cable service has been established by activating trunk distribution cable for an area specified in a franchise agreement, a franchisee shall provide cable service to any household or commercial establishment requesting cable service within that area, including each multiple dwelling unit in that area, except for multiple dwelling units to which it cannot legally obtain access. Service must be provided within time limits specified in applicable customer service standards.

(2) Technical Standards.

(a) Any cable system within the City shall meet or exceed the technical standards set forth in 47 CFR 76.601 and any other applicable technical standards, including any such standards as hereafter may be amended or adopted by the City in a manner consistent with Federal law.

(b) 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, or individual or master antennas used for receiving television or other broadcast signals.

(3) Proof of Performance Tests. At the times specified in a franchise agreement or as required by FCC rules, a franchisee shall perform proof of performance tests, and such other tests as may be specified in a franchise agreement, designed to demonstrate compliance with this section, the franchise agreement, and FCC requirements. The franchisee shall provide the proof of performance test results promptly to the City upon request. The franchisee shall provide the City 10 days’ advance written notice when a proof of performance or other required test is scheduled so that the City may have an observer present. The City shall have the right to inspect the cable system during and after its construction to ensure compliance with this section, the franchise agreement, FCC regulations and other applicable provisions of local, State and Federal law, and may require the franchisee to perform additional tests based on the City’s investigation of cable system’s performance or on subscriber complaints.

[Prior code § 27.13]