Common use of Cable System Performance Testing Clause in Contracts

Cable System Performance Testing. ‌ (A) Grantee shall, at Grantee's expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, Grantee's tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (3) Tests in response to Subscriber complaints; (4) Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the Town upon reasonable request. (D) If the FCC no longer requires proof of performance tests for Grantee's Cable System during the term of this Franchise, Grantee agrees that it shall continue to conduct proof of performance tests on the Cable System in accordance with the standards that were in place on the Effective Date, or any generally applicable standards later adopted, at least once a year, and provide written results of such tests to the Town upon request. (E) The FCC semi-annual testing is conducted in January/February and July/August of each year. If the Town contacts Grantee prior to the next test period (i.e., before December 15 and June 15 respectively of each year), Grantee shall provide Town with no less than seven (7) days prior written notice of the actual date(s) for FCC compliance testing. If Town notifies Grantee by the December 15th and June 15th dates that it wishes to have a representative present during the next test(s), Grantee shall cooperate in scheduling its testing so that the representative can be present. Notwithstanding the above, all technical performance tests may be witnessed by representatives of the Town. (F) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction.

Cable System Performance Testing. ‌ (A) Grantee shall, at Grantee's ’s expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, Grantee's ’s tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (3) Tests in response to Subscriber complaints; (4) Periodic monitoring tests, tests at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, tests at least annually, designed to ensure that one hundred percent (100%) of Grantee's ’s Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, tests performed by or for Grantee. Copies of such test results will be provided to the Town City upon reasonable request. (D) If the FCC no longer requires proof of performance tests for Grantee's ’s Cable System during the term of this Franchise, Grantee agrees that it shall continue to conduct proof of performance tests on the Cable System in accordance with the standards that were in place on the Effective Date, or any generally applicable standards later adopted, at least once a year, and shall provide written results of such tests to the Town City upon request. (E) The FCC semi-annual testing is conducted in January/February and July/August of each year. If the Town City contacts Grantee prior to the next test period (i.e., before December 15 and June 15 respectively 15, respectively, of each year), Grantee shall provide Town City with no less than seven (7) days days’ prior written notice of the actual date(s) for FCC compliance testing. If Town City notifies Grantee by the December 15th and June 15th of dates that it wishes to have a representative present during the next test(s), Grantee shall cooperate in scheduling its testing so that the representative can be present. Notwithstanding the above, all technical performance tests may be witnessed by representatives of the TownCity. (F) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's ’s failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction.

Cable System Performance Testing. ‌ (A) Grantee shall, at Grantee's Xxxxxxx’s expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, Grantee's Xxxxxxx’s tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (3) Tests in response to Subscriber complaints; (4) Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's ’s Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the Town Grantor upon reasonable request. (D) If the FCC no longer requires proof of performance tests for Grantee's Cable System during the term of this Franchise, Grantee agrees that it shall continue to conduct proof of performance tests on the Cable System in accordance with the standards that were in place on the Effective Date, or any generally applicable standards later adopted, at least once a year, and provide written results of such tests to the Town upon request. (E) The FCC semi-annual testing is conducted in January/February and July/August of each year. If the Town Grantor contacts Grantee prior to the next test period (i.e., before December 15 and June 15 respectively of each year), Grantee shall provide Town Grantor with no less than seven (7) days prior written notice of the actual date(s) for FCC compliance testing. If Town Grantor notifies Grantee by the December 15th and June 15th dates that it wishes to have a representative present during the next test(s), Grantee shall cooperate in scheduling its testing so that the representative can be present. Notwithstanding the above, all technical performance tests may be witnessed by representatives of the TownGrantor. (FE) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's Xxxxxxx’s failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction.

Cable System Performance Testing. ‌ (A) Grantee shall, at GranteeXxxxxxx's expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, GranteeXxxxxxx's tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (3) Tests in response to Subscriber complaints; (4) Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the Town City upon reasonable request. (D) If the FCC no longer requires proof of performance tests for Grantee's Cable System during the term of this Franchise, Grantee agrees that it shall continue to conduct proof of performance tests on the Cable System in accordance with the standards that were in place on the Effective Date, or any generally applicable standards later adopted, at least once a year, and provide written results of such tests to the Town City upon request. (E) The FCC semi-annual testing is conducted in January/February and July/August of each year. If the Town City contacts Grantee prior to the next test period (i.e., before December 15 and June 15 respectively of each year), Grantee shall provide Town City with no less than seven (7) days prior written notice of the actual date(s) for FCC compliance testing. If Town City notifies Grantee by the December 15th and June 15th dates that it wishes to have a representative present during the next test(s), Grantee shall cooperate in scheduling its testing so that the representative can be present. Notwithstanding the above, all technical performance tests may be witnessed by representatives of the TownCity. (F) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. GranteeXxxxxxx's failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction.

Cable System Performance Testing. ‌ (A) Grantee shall, at Grantee's expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, Grantee's tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines;conformance (3) Tests in response to Subscriber complaints; (4) Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the Town City upon reasonable request. (D) If the FCC no longer requires proof of performance tests for Grantee's Cable System during the term of this Franchise, Grantee agrees that it shall continue to conduct proof of performance tests on the Cable System in accordance with the standards that were in place on the Effective Date, or any generally applicable standards later adopted, at least once a year, and provide written results of such tests to the Town City upon request. (E) The FCC semi-annual testing is conducted in January/February and July/August of each year. If the Town City contacts Grantee prior to the next test period (i.e., before December 15 and June 15 respectively of each year), Grantee shall provide Town City with no less than seven (7) days prior written notice of the actual date(s) for FCC compliance testing. If Town City notifies Grantee by the December 15th and June 15th dates that it wishes to have a representative present during the next test(s), Grantee shall cooperate in scheduling its testing so that the representative can be present. Notwithstanding the above, all technical performance tests may be witnessed by representatives of the TownCity. (F) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction.