§ 18-44. Construction and technical standards.

(a)

Compliance with construction and technical standards.

(1)

As provided in the license, licensee shall construct, install, operate and maintain its system in a manner and at all times consistent with (i) all laws, this chapter, construction standards of the town, the Federal Communications Commission (FCC) Rules and Regulations, Part 76 SubPart K (Technical Standards), as amended from time to time, and (ii) detailed standards submitted by licensee as part of its application, which standards are to be incorporated by reference in a license.

(2)

When there have been multiple, similar complaints by subscribers, or when there exists other evidence which suggests that licensee is not in substantial compliance with the technical standards, or the cable system is not operating in accordance with this chapter or the license, the manager shall have the right and authority to compel licensee to test, analyze and report on the performance of the cable system under the supervision of the manager. Such report shall be delivered to the manager no later than 30 days after the manager requests such test(s) in writing and shall include the following information: the nature of the complaints that precipitated the test(s), which cable system component(s) was/were tested, the equipment used and procedure(s) employed in such testing, the result(s) of such test(s) and the manner in which such complaints were resolved. If such report indicates licensee is in partial compliance with the technical standards, but there exists evidence suggesting that licensee is nonetheless not in substantial compliance, the manager may require that the test(s) be repeated within 30 days of the delivery of such report, under the supervision of a professional engineer, not on the permanent staff of licensee. Such engineer shall sign all records of such repeated test(s) and shall forward to the manager (i) such records, (ii) a report interpreting the results, and (iii) recommended corrective actions, if any. The fees of such engineer shall be paid by (i) licensee, if the repeated test(s) show(s) licensee is not in substantial compliance with the technical standards of this chapter, or (ii) the town, if the repeated test(s) show(s) licensee is in substantial compliance with said standards.

(b)

Additional specifications. Construction, installation and maintenance of a cable system shall be performed in an orderly and professional manner. All cables and wires shall be installed, where possible, parallel with and in a manner similar to the installation of electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. Underground installations shall be in conformance with all applicable codes. Each cable system shall include equipment capable of providing stand-by power as specified in the license. The equipment shall be so constructed as to automatically revert to the stand-by mode when the electrical utility power returns. The system shall incorporate safeguards necessary to prevent injury to technicians resulting from licensee's standby power sources. Licensee shall at all time comply with applicable sections of:

(1)

National Electrical Safety Code (ANSI)C2;

(2)

National Electrical Code (National Bureau of Fire Underwriters);

(3)

The Uniform Building Code as may be adopted and amended by the town, together with applicable portions of all other Uniform Codes, as may be adopted and amended by the town, promulgated by the International Conference of Building Officials;

(4)

Town Unified Land Development Code and Subdivision Regulations, all as from time to time amended and revised, and all other applicable rules and regulations now in effect or hereinafter adopted by the town.

(5)

The Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction including the latest town supplement thereto.

(c)

Emergency service. The licensee shall design and construct the system to provide for a restricted audio override of the audio portion of all channels during emergencies consistent with FCC regulations. Emergency or stand-by power sources will be installed at the main electronic control center and appropriate locations so as to minimize loss of signal. Key cable routings shall also be equipped with a stand-by power source as set forth in the license. In case of any declared emergency or disaster, consistent with FCC regulations, the cable system shall, upon request of the mayor or manager, make available immediately its facilities to the town for emergency use during the emergency or disaster period. A declared emergency or disaster as used in this section means such event that has been proclaimed by the mayor, the governor, or other competent authority. In any event, the cable system shall not endanger or interfere with the safety of persons or property in the license area or other areas where the licensee may have equipment located.

(Ord. No. 1137, § I, 12-15-98)