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A. In addition to the system tests required by the FCC, the licensee must perform tests of the cable system as set forth in the license to comply with the goals and standards specified herein. The tests will be performed periodically, to assure the City that standards are being met.

B. To the extent applicable, the licensee must comply with the FCC Technical Standards for Class 1 channels (part 76, subpart K of the FCC rules and regulations). The license will set forth detailed objectives, standards and requirements for operating a cable system. The City reserves the right to specify in the license additional standards in a manner consistent with Federal law. Each licensee shall demonstrate to the City whether the cable system does meet or exceed FCC technical standards for each channel.

C. The licensee will construct, install, operate and maintain its system in a manner such that it operates at all times consistent with all laws, this chapter, construction standards of the City, FCC rules and regulations, Part 76, Subpart K, as amended, which establish minimum technical standards relating to the cable system’s technical operations and signal quality, and any detailed standards submitted by the licensee as part of its application or renewal proposal, which standards are to be incorporated by reference in the license. In addition, the licensee must provide the City, upon request, the opportunity to observe the conduct of and a written report of the results of licensee’s annual proof of performance tests. In addition, the City may at any time conduct independent measurements of the system by the use of City personnel or use of contract services. If inaccurate proof of performance reports is shown to have been the result of licensee’s willful neglect, the licensee must pay the costs reasonably incurred by the City in obtaining such independent verification of technical compliance with all standards.

D. System reliability. The license will specify system reliability standards. The license will specify methods for achieving this standard. A repeated or lengthy failure by the licensee to achieve this standard will subject the licensee to liquidated damages or other remedies under this chapter.

E. System maintainability. The licensee must achieve a "mean-time-to-repair" objective for system malfunction in addition to the requirements set forth in Section 5-27. The license must specify the mean-time-to-repair objective in hours and the method for achieving this objective. A repeated or lengthy failure by the licensee to achieve this objective will subject the licensee to liquidated damages or other remedies under this chapter. (Ord. No. G-6034, 2015)