§ 58-4.804. Standards.

(1)

Any construction, rebuild, upgrade, operation, maintenance, and repair of the system shall be in accordance in all material respects with all applicable sections of the Occupational Safety and Health Act of 1970, as amended; the National Electrical Safety Code and National Electric Code; Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules, Part 17; and other applicable federal, state, or local laws and regulations, all as hereafter may be amended or adopted. In the event of a conflict among codes and standards, accepted cable industry practices shall control (except insofar as such practices, if followed, would result in a cable system that could not meet express requirements of federal, state or local law, or in instances in which such practices are expressly preempted by other standards). Consistent with the foregoing, the county may ensure that work continues to be performed in an orderly and workmanlike manner, reflecting any changes that may occur over the franchise term.

(2)

A cable operator shall construct, install and maintain its cable system in an orderly and professional manner, using due diligence and materials of good and durable quality. All such work shall be performed in close coordination with other public and private utilities following accepted construction procedures and practices and working through existing committees and organizations. All cable and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines on the same poles. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

(3)

A cable operator's cable system within the county shall meet or exceed the technical standards set forth in 47 C.F.R. Section 76.601, et seq., and any other applicable technical standards.

(4)

Upon reasonable request by the county, based on subscriber complaints or other evidence of noncompliance with a franchise agreement or applicable law, a cable operator shall perform, at its sole cost, all tests necessary to demonstrate compliance with the requirements of a franchise agreement and other technical and performance standards established by applicable law. Unless a franchise agreement or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the National Cable Television Association's "Recommended Practices for Measurements on Cable Television Systems," or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the county within seven days of this test. If a location fails to meet technical or performance specifications, the cable operator, without requirement of additional notice or request from the county, shall promptly take corrective action, and retest the locations. Any deficiencies shall be corrected within thirty days of the original test.

(5)

Should the cable operator fail to meet technical or performance tests, the cable operator shall bear all costs associated with the test. Should the cable operator advise the county that testing is not necessary or required to resolve the system performance issue at hand, and the county still insists on testing pursuant to this section, then the county shall bear the operator's reasonable cost of testing in the event that the cable operator passes the technical or performance test.

(6)

Every system, and all parts thereof, shall be subject to the right of periodic inspection and testing by the county to determine compliance with the provisions of this division, a franchise agreement, and other applicable law. The county shall have the right, upon request, to be notified and to be present when a system is tested by a cable operator, provided that the cable operator need not delay or reschedule testing to accommodate such a request. Each cable operator shall respond to requests for information regarding its system and its plans for the system as the county may from time to time issue, including requests for information regarding its plans for construction, operation, and repair, and the purposes for which the plant is being constructed, operated or repaired.

(7)

A cable operator shall comply with all of the same standards and codes, including but not limited to the payment of inspection fees, to construct and maintain its system within private rights-of-way as are required for construction in the public rights-of-way.

(Ords. 2006-65 § 3, 93-55, 82-28).