Sec. 710.104. - Technical and operational standards.

The policy of the City with respect to technical and operational standards is to require that the cable television system be safely constructed and operated and that the system's components be durable and reliable. Signal reception standards and subscriber reviewing standards shall be maintained at all times by the Franchisee at a level at least equal to the minimum standards prescribed by the FCC now and hereafter. Overall technical performance of the system shall be assessed in relation to these standards. The Franchisee shall meet all FCC technical and operational standards. (a) Construction standards and specifications. Methods of construction, installation and maintenance of the City's cable television system shall comply with all applicable federal, State and local laws and regulations, and shall comply with the National Electrical Safety Code (NESC) and local laws regulating the construction, installation and maintenance of electric supply and communication lines. (1) Tower. The following standards may be modified only with the written approval of the Director of Public Works. (i) A tower constructed for use in the City's cable television system shall comply with the standards contained in Structured Standards for Steel Antenna Supporting Structures, EIA Standards RS-222-A, as published by the Engineering Department of the Electronics Industries Association, 2001 I Street, N.W., Washington, D.C. and as amended from time to time. The tower shall also comply with all generally applicable City of Jacksonville zoning and land use regulations. (ii) Installation and physical dimensions of a tower constructed for use in the City's cable television system shall comply with all appropriate Federal Aviation Agency regulations, as amended from time to time. The tower shall also comply with all generally applicable City of Jacksonville zoning and land use regulations. (iii) An antenna structure used in the City's cable television system shall comply with Construction, Marketing and Lighting of Antenna Structure, 47 CFR 17.1 et seq. (b) FCC standards. The system shall meet all applicable federal guidelines and standards for reception of broadcast signals, including the FCC "guideline" standards for reception of broadcast signals, as prescribed in 47 CFR 76.601 et seq., as amended from time to time. The signal reception standards as now existing or hereafter issued by the FCC are incorporated into and made a part of this Chapter. Grading of the quality of each locally receivable signal against the performance of the system in delivering that signal to subscribers shall be measured by FCC tests upon request by the Director, but in no case shall a Franchisee be required to submit to such tests more frequently than twice a year absent repeated nonperformance problems. (c) Subscriber viewing standards. (1) The Franchisee shall comply with and meet all applicable federal guidelines and standards for reception of broadcast signals, including the subscriber viewing rules and standards for cable television operations as adopted by the FCC in 47 CFR 76.601 et seq. as amended from time to time. The standards as now existing or hereafter promulgated by the FCC are incorporated into and made a part of this Chapter. (2) The cable system shall meet all performance criteria herein contained and specified under the ambient temperature range prevailing in the franchise area from the normal daily lowest minimum temperature annually to the normal daily highest maximum temperature. (d) Proof-of-performance testing. The Franchisee shall conduct, at its own expense, tests of the ability of the cable system to meet technical guideline standards prescribed by federal and State law and regulations, including the FCC's standards at 47 CFR 76.601 et seq., and shall be responsible for insuring full compliance with such standards. Annual proof-of-performance testing shall be done as may be required by the FCC, with the results of such testing being provided to the Director upon written request within 30 days of receipt, with a brief executive summary of the findings. Those FCC tests and measurements to ensure compliance with technical standards shall be performed in a manner that is consistent with the provisions of 47 CFR 76.609 as amended from time to time. (Ord. 2003-188-E, § 1)