Technical standards

(a)

Any cable system within the city shall at minimum meet the technical standards of the FCC or other applicable federal, state, county or city technical standards, including any and all applicable rules, regulations, codes, and standards as hereinafter amended or adopted. All television signals transmitted on a cable system shall include any closed circuit captioning information for the hearing impaired. Antennas, supporting structures, and outside plants used in the system shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, county and city ordinances, rules and regulations, including but not limited to the city zoning code.

(b)

All construction, installation and maintenance of the cable system shall comply with federal and state codes, as well as the National Electrical Safety Code, the National Electric Code, the South Florida Building Code, all local codes and ordinances and any and all applicable rules, regulations and codes, as hereinafter may be amended or changed.

(c)

At the times specified in the license agreement or as required by FCC rules, the licensee shall perform, at its expense, proof of performance tests designed to demonstrate compliance with the requirements of this chapter, the license agreement, and FCC requirements. The licensee shall provide, upon written request, the proof of performance test results to the city within ten (10) calendar days after completion. The city shall have the right to inspect the cable system facilities during and after construction to ensure compliance with the requirements of the license agreement, this chapter, and FCC standards.

(d)

The city may require any other tests as specified in a license agreement, or required by applicable law or regulation, or where there have been extensive complaints made, or where there exists other demonstrative evidence which in the reasonable judgment of the city casts doubt upon the reliability or technical quality of the cable system to be performed at the expense of the licensee; provided that if the results of such tests indicate that licensee is in compliance with the requirements of this chapter and/or the license agreement, the expenses incurred by the licensee in conducting said tests shall be borne by the city. The licensee shall provide the test results to the city within ten calendar days of completion of the proof of performance or other tests.

(e)

The licensee shall provide the city ten calendar days advance written notice when a proof of performance test required in subsections (c) and (d) above is scheduled, in order that the city may have an observer present.

(f)

A licensee shall not design, install or operate its facilities in a manner that shall interfere with the signals of any broadcast station, the facilities of the city, the facilities of any public utility, the cable system of another licensee, or individual or master antennas used for receiving television or other broadcast signals. In the event any such interference is discovered, licensee shall take all actions necessary to remedy the problem as quickly as is technically feasible.

(g)

In any license granted pursuant to this chapter, a licensee shall agree to maintain that level of technology to satisfy the state-of-the-art as defined in subsection 11-2, subject to qualifications, conditions, and terms that may be expressly identified in a license agreement, if any. Licensee's failure to comply with this subsection shall result in imposition of fines to be paid by the licensee to the city in the amount of not less than $1,575.00 per violation, per day or part thereof that the violation continues.

(h)

Licensee shall provide access channels, equipment and facilities, and capital support, in accordance with section 11-15, as well as such other benefits and services required by a license agreement. Licensee's failure to comply with this subsection shall result in imposition of fines to be paid by the licensee to the city in the amount of not less than $1,575.00 per violation, per day or part thereof that the violation continues.

(i)

In the event that the city commission determines that it is in the public interest of the residents of the city to renew or approve the transfer of a license where the licensee is not in compliance with the requirements of this section at the time of the grant, the city may agree in an agreement, or an amendment to a license agreement, to a program whereby the licensee is permitted a specified period of time, not to exceed 24-months, to come into compliance. However, the city's approval of any such plan shall be contingent upon licensee's agreement to provide the city and any subscribers with fines, refunds, credits or service vouchers as liquidated damages for the harm suffered due to licensee's non-compliance. The city may grant extension of the time period herein, for good cause shown.

(Ord. No. 11936, § 3, 6-8-00; Ord. No. 13142, § 6, 2-11-10)