Common use of System Tests and Inspections Clause in Contracts

System Tests and Inspections. (1) The Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise, and the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “Recommended Practices for Measurements on Cable Television Systems,” or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approve. In the event that the FCC’ s technical performance standards are repealed or are no longer applicable to the Grantee’s Cable System, such standards shall remain in force and effect until the County Administrator or his designee and the Grantee agree to new standards. (2) The Grantee shall conduct tests as follows: (A) tests to assure the adequate performance on each newly constructed or rebuilt segment prior to Subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) proof of performance tests on the Grantee’s Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Grantee’s obligation; and (C) special proof of performance tests of Grantee’s Cable System or a segment thereof when Subscriber or User complaints indicate tests are warranted. (3) The County may make independent performance tests of Grantee’s Cable System, but shall not alter the operation of Grantee’s Cable System without the Grantee’s approval. The Grantee shall cooperate with the County in conducting such tests. Such independent tests shall be at the County’s expense. (4) Upon request, to the Grantee, the County shall have the right to witness and/or review all tests on newly constructed or rebuilt segments of Grantee’s Cable System. The Grantee shall provide the County with at least two (2) business days’ notice of, and opportunity to observe, any tests performed on Grantee’s Cable System, except in emergency situations. (5) Tests may be supervised by the Grantee’s qualified personnel, who shall sign all records of tests provided to the County. (6) The County may conduct inspections of construction areas and Subscriber installations, including but not limited to inspections to assess compliance with the Grantee’s construction and installation requirements. The County shall notify the Grantee of any violations found during the course of inspections, identifying the locations with particularity and stating the specific nature of the violation. The Grantee must bring violations as specified in the notice that are within Grantee’s control into compliance as follows: (i) safety violations must be made safe within forty-eight (48) hours of receiving notice of the violation; (ii) Virginia Department of Transportation violations must be brought into compliance within five (5) days of receiving notice of the violation; and all other violations must be brought into compliance within thirty (30) days of receiving notice of the violation. After the specified time period, the Grantee must submit a report to the County describing the steps it has taken to bring itself into compliance. Inspection does not relieve the Grantee of its obligation to build in compliance with all provisions of the Franchise. (7) A written report of test results of the tests required pursuant to Sections 5(k)(2)(A) and (C) shall be available at the Grantee office for inspection by the County within fourteen (14) days of each test. In addition, the Grantee shall retain written reports of the results of tests required pursuant to Section 5(k)(2)(B) and any other tests required by the FCC within four weeks of such tests. Grantee shall provide the County with copies of any such reports upon request by the County. (8) If any test indicates that any part or component of Grantee’s Cable System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from County, shall take corrective action, retest the locations, and record the action taken and results achieved in the logbook within fourteen (14) days. (9) Successful completion of a test to assure successful performance for an upgraded portion of the System shall be required to constitute completion for such portion as part of the System Upgrade.

System Tests and Inspections. (1) The Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise, and to ensure that the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television HSN system monitoringcomponents are operating as expected. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “Recommended Practices for Measurements on Cable Television Systems,” or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approve. In the event that the FCC’ s ’s technical performance standards are repealed or are no longer applicable to the Grantee’s Cable System, such standards shall remain in force and effect until the County Communications Administrator or his designee and the Grantee agree to new standards. (2) The Grantee shall conduct tests as follows: (A) tests to assure Acceptance tests, as approved by the adequate performance County, on each newly constructed or rebuilt segment of significant size prior to Subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) proof Proof of performance tests on the Grantee’s Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Grantee’s obligation; and (C) special Special proof of performance tests tests, as limited by the County, of Grantee’s Cable System or a segment thereof when Subscriber or User complaints indicate tests are warranted. (3) At any time after commencement of service to Subscribers, the County may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific Subscriber’s terminal, at the Grantee’s expense, to the extent such tests are in accordance with FCC rules and may be performed by the Grantee’s employees utilizing its existing facilities and equipment. The County may make conduct independent performance tests of Grantee’s Cable Systemupon reasonable notice to the Grantee and if noncompliance is found, but the expense thereof shall not alter the operation of Grantee’s Cable System without be borne by the Grantee’s approval. The County will endeavor to arrange its request for such tests so as to minimize hardship or inconvenience to the Grantee shall cooperate with the County in conducting such tests. Such independent tests shall be at the County’s expenseor to Subscribers. (4) Upon requestSystem monitor test points shall be established in accordance with good engineering practices and shall be approved in advance by the County. (5) Tests shall be supervised by the Grantee’s senior engineer, who shall sign all records of tests provided to the Grantee, the County. (6) The County shall have the right to witness and/or review all required tests on newly constructed or rebuilt segments of Grantee’s Cable System. The Grantee shall provide the County with at least two (2) business days’ notice of, and opportunity to observe, any such tests performed on Grantee’s Cable System, except in emergency situations. (5) Tests may be supervised by the Grantee’s qualified personnel, who shall sign all records of tests provided to the County. (6) The County may conduct inspections of construction areas and Subscriber installations, including but not limited to inspections to assess compliance with the Grantee’s construction and installation requirements. The County shall notify the Grantee of any violations found during the course of inspections, identifying the locations with particularity and stating the specific nature of the violation. The Grantee must bring violations as specified in the notice that are within Grantee’s control into compliance as follows: (i) safety violations must be made safe within forty-eight (48) hours of receiving notice of the violation; (ii) Virginia Department of Transportation violations must be brought into compliance within five (5) days of receiving notice of the violation; and all other violations must be brought into compliance within thirty (30) days of receiving notice of the violation. After the specified time period, the Grantee must submit a report to the County describing the steps it has taken to bring itself into compliance. Inspection does not relieve the Grantee of its obligation to build in compliance with all provisions of the Franchise. (7) A written report of all test results of the tests required pursuant to Sections 5(k)(2)(A) and (C) shall be available at the Grantee office for inspection by filed with the County within fourteen (14) seven days of each test. Such reports shall, at a minimum, describe test results, instrumentation, calibration and test procedures. In addition, the Grantee shall retain written reports of the results of tests required pursuant to Section 5(k)(2)(B) and any other tests required by the FCC within four weeks of FCC, and such tests. Grantee reports shall provide be submitted to the County with copies of any such reports upon request by the County. (8) If any test indicates that any part or component of ’s request. The County shall have the same rights the FCC has to inspect the Grantee’s Cable System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from County, shall take corrective action, retest the locations, and record the action taken and results achieved in the logbook within fourteen (14) daysperformance test data. (9) Successful completion of a test to assure successful performance for an upgraded portion of the System shall be required to constitute completion for such portion as part of the System Upgrade.

System Tests and Inspections. (1) The Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise, and to ensure that the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television HSN system monitoringcomponents are operating as expected. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “'s "Recommended Practices for Measurements on Cable Television Systems,” " or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approve. In the event that the FCC’ s 's technical performance standards are repealed or are no longer applicable to the Grantee’s 's Cable System, such standards shall remain in force and effect until the County Communications Administrator or his designee and the Grantee agree to new standards. (2) The Grantee shall conduct tests as follows: (A) proof of performance tests to assure the adequate performance on each newly constructed or rebuilt segment prior to Subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) proof of performance tests on the Grantee’s 's Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Grantee’s 's obligation; and (C) special proof of performance tests of Grantee’s 's Cable System or a segment thereof when Subscriber or User complaints indicate tests are warranted. (3) The County may make independent performance tests of Grantee’s 's Cable System, but shall not alter the operation of Grantee’s 's Cable System without the Grantee’s 's approval. The Grantee shall cooperate with the County in conducting such tests. Such independent tests shall be at the County’s 's expense. (4) Upon request, to the Grantee, the The County shall have the right to witness and/or review all tests on newly constructed or rebuilt segments of Grantee’s 's Cable System. The Grantee shall provide the County with at least two (2) business days’ ' notice of, and opportunity to observe, any tests performed on Grantee’s 's Cable System, except in emergency situations. (5) Tests may shall be supervised by the Grantee’s qualified personnel's engineer, who shall sign all records of tests provided to the County. (6) The County may conduct inspections of construction areas and Subscriber installations, including but not limited to inspections to assess compliance with the Grantee’s 's construction and installation requirements. The County shall notify the Grantee of any violations found during the course of inspections, identifying the locations with particularity and stating the specific nature of the violation. The Grantee must bring violations as specified in the notice that are within Grantee’s control into compliance as follows: the (i) safety violations must be made safe within forty-eight (48) hours of receiving notice of the violation; (ii) Virginia Department of Transportation violations must be brought into compliance within five (5) days of receiving notice of the violation; and all other violations must be brought into compliance within thirty (30) days of receiving notice of the violation. After the specified time period, the Grantee must submit a report to the County describing the steps it has taken to bring itself into compliance. Inspection does not relieve the Grantee of its obligation to build in compliance with all provisions of the Franchise. (7) A written report of test results of the tests required pursuant to Sections 5(k)(2)(A) and (Cunder Section 5(c)(2) shall be available at the Grantee office for inspection by filed with the County within fourteen (14) seven days of each test. In additionSuch reports shall, at a minimum, contain the Grantee shall retain written reports of information specified in the results of tests required pursuant to Section 5(k)(2)(B) and any other tests required by the FCC within four weeks of such tests. Grantee shall provide the Fairfax County with copies of any such reports upon request by the CountyCode. (8) If any test under Section 5(c)(2) indicates that any part or component of Grantee’s 's Cable System distribution network fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from County, shall take corrective action, retest retest, advise the locations, and record County of the action taken and results achieved in achieved, and supply the logbook within fourteen (14) days. (9) Successful completion of a test to assure successful performance for an upgraded portion County with copies of the System shall be required to constitute completion for such portion as part of results within thirty days from the System Upgradedate corrective action was completed.

System Tests and Inspections. (1) The Grantee Franchisee shall perform all tests necessary to demonstrate compliance with the requirements of the FranchiseFranchise and other performance standards established by applicable law or regulation, and the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “Recommended Practices for Measurements on Cable Television Systems,” or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approve. In the event to ensure that the FCC’ s technical performance standards System components are repealed or are no longer applicable to the Grantee’s Cable System, such standards shall remain in force and effect until the County Administrator or his designee and the Grantee agree to new standardsoperating as expected. (2) The Grantee Franchisee shall conduct tests as follows: (A) acceptance tests to assure the adequate performance on each newly constructed or rebuilt segment prior to Subscriber subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) proof of performance tests on the Grantee’s Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Grantee’s Franchisee's obligation; and; (C) special proof of performance appropriate diagnostic tests of Grantee’s Cable System or a segment thereof when Subscriber or User complaints indicate such tests are warranted.; (3) The County may make independent performance observe any tests of Grantee’s Cable System, but shall not alter performed on the operation of Grantee’s Cable System without the Grantee’s approval. The Grantee shall cooperate with the County in conducting such tests. Such independent tests shall be at the County’s expense. (4) Upon request, to the Grantee, the County shall have the right to witness and/or review all tests on newly constructed or rebuilt segments of Grantee’s Cable System. The Grantee Franchisee shall provide the County with at least two (2) business days’ notice of, and opportunity to observeof any acceptance tests performed under section 5(a)(2)(A), any proof of performance tests performed on Grantee’s Cable Systemunder section 5(a)(2)(B), except in emergency situations. (5) Tests may be supervised by and, if the Grantee’s qualified personnel, who shall sign all records of tests provided County has transmitted to the County. (6) Franchisee or otherwise been directly involved in the relevant Subscriber or User complaint, any diagnostic tests performed under section 5(a)(2)(C). The County may also conduct inspections of construction areas and Subscriber subscriber installations, including but not limited to inspections to assess compliance with the Grantee’s Franchisee's construction and installation requirements. The County shall notify the Grantee of any violations found during the course of inspections, identifying the locations with particularity this Agreement and stating the specific nature of the violation. The Grantee must bring violations as specified in the notice that are within Grantee’s control into compliance as follows: (i) safety violations must be made safe within forty-eight (48) hours of receiving notice of the violation; (ii) Virginia Department of Transportation violations must be brought into compliance within five (5) days of receiving notice of the violation; and all other violations must be brought into compliance within thirty (30) days of receiving notice of the violation. After the specified time period, the Grantee must submit a report to the County describing the steps it has taken to bring itself into complianceapplicable law generally. Inspection does not relieve the Grantee Franchisee of its obligation to build in compliance with all provisions of the Franchisefranchise. (74) A written report of test the results of any tests specifically requested by the tests required County pursuant to Sections 5(k)(2)(A) and (CSection 5(a)(2)(C) shall be available at the Grantee office for inspection by filed with the County within fourteen seven (147) business days of each test. In addition, the Grantee Franchisee shall retain written reports of the results of tests required pursuant to Section 5(k)(2)(B) and any other tests required by the FCC within four weeks of FCC, and such tests. Grantee reports shall provide be submitted to the County with copies of any such reports upon request by the County's written request. (8) 5) If any test indicates that any part or component of Grantee’s Cable the System fails to meet applicable requirements, the GranteeFranchisee, without requirement of additional notice or request from County, shall take corrective action, retest the locations, locations and record (if the County has requested the test or otherwise been directly involved) advise the County of the action taken and results achieved in the logbook within fourteen (14) daysachieved. (96) Successful completion of a test The County reserves the right to assure successful performance for an upgraded portion of conduct its own tests upon reasonable notice to the System Franchisee. The Franchisee shall have the right to have its representatives present at such tests, which shall be required conducted so as to constitute completion avoid damage to the System. If substantial noncompliance is found, the expense thereof shall be borne by the Franchisee. The County will endeavor to arrange any request for such portion tests so as part to minimize hardship or inconvenience to the Franchisee or to subscribers and shall endeavor to ensure that testing procedures and test criteria are consistent with FCC and customary industry standards, including use of the System Upgradequalified personnel and proper calibration of test equipment.

System Tests and Inspections. (1) The Grantee Franchisee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise, and the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “Recommended Practices for Measurements on Cable Television Systems,” or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approverules. In the event that the FCC’ s technical performance standards are repealed or are no longer applicable to the GranteeFranchisee’s Cable System, such standards shall remain in force and effect until the County Administrator or his designee and the Grantee Franchisee agree to new standards. (21) The Grantee Franchisee shall conduct tests as follows: (A) tests to assure the adequate performance on each newly constructed or rebuilt segment prior to Subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) a. proof of performance tests on the GranteeFranchisee’s Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the GranteeFranchisee’s obligation; and (C) b. special proof of performance tests of GranteeFranchisee’s Cable System or a segment thereof when Subscriber or User complaints indicate tests are warranted, as requested by the County. If any such tests indicate that any part or component of Franchisee’s Cable System fails to meet applicable requirements, the Franchisee, without requirement of additional notice or request from County, shall take corrective action, retest the locations, and record the action per standard industry practices and applicable FCC requirements. (32) The County may make independent performance tests of GranteeFranchisee’s Cable System, but shall not alter the operation of GranteeFranchisee’s Cable System without the GranteeFranchisee’s approval. The Grantee Franchisee shall be allowed to review the written credentials of any expert retained by the Franchise Authority. The Franchisee shall cooperate with the County in conducting such tests and shall be given the opportunity to observe such tests. Such independent tests shall be at the County’s expense. The Franchisee shall be responsible for correcting any deficiencies discovered by the County’s tests within thirty (30) days. (43) Upon request, request to the GranteeFranchisee, the County shall have the right to witness and/or review all tests on newly constructed or rebuilt segments of GranteeFranchisee’s Cable System. The Grantee Franchisee shall provide the County with at least two (2) business days’ notice of, and opportunity to observe, any tests performed on GranteeFranchisee’s Cable System, except in emergency situations. (5) Tests may be supervised by the Grantee’s qualified personnel, who shall sign all records of tests provided to the County. (64) The County may conduct inspections of construction areas and Subscriber installations, including but not limited to inspections to assess compliance with the GranteeFranchisee’s construction and installation requirements. The County shall notify the Grantee Franchisee of any violations found during the course of inspections, identifying the locations with particularity and stating the specific nature of the violation. The Grantee Franchisee must bring violations as specified in the notice that are within GranteeFranchisee’s control into compliance as follows: (i) safety violations must be made safe within forty-eight (48) hours of receiving notice of the violation; (ii) Virginia Department of Transportation violations must be brought into compliance within five (5) days of receiving notice of the violationas required by that agency; and all other violations must be brought into compliance within thirty (30) days of receiving notice of the violationviolation or as otherwise provided by law. After the specified time period, the Grantee Franchisee must submit a report to the County describing the steps it has taken to bring itself into compliance. Inspection does not relieve the Grantee Franchisee of its obligation to build in compliance with all provisions of the this Franchise. (7) A written report of test results of the tests required pursuant to Sections 5(k)(2)(A) and (C) shall be available at the Grantee office for inspection by the County within fourteen (14) days of each test. In addition, the Grantee shall retain written reports of the results of tests required pursuant to Section 5(k)(2)(B) and any other tests required by the FCC within four weeks of such tests. Grantee shall provide the County with copies of any such reports upon request by the County. (8) If any test indicates that any part or component of Grantee’s Cable System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from County, shall take corrective action, retest the locations, and record the action taken and results achieved in the logbook within fourteen (14) days. (9) Successful completion of a test to assure successful performance for an upgraded portion of the System shall be required to constitute completion for such portion as part of the System Upgrade.