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<section number="5A-107.01" name="Test and performance monitoring" law="code" slug="sec-5a-107.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5ACATETE_DIV1CATE_S5A-107.01TEPEMO">
  <level label="a">
    <text>Unless otherwise provided in a cable operator's franchise agreement, the following provisions (1) through (5) shall apply:</text>
    <level label="1">
      <text>Not later than ninety (90) calendar days after any new or substantially rebuilt portion of the system is made available for service to subscribers, technical performance tests shall be conducted by the franchisee to demonstrate full compliance with the Technical Standards of the FCC. Such tests shall be performed by, or under the supervision of, a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the County, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests.</text>
    </level>
    <level label="2">
      <text>System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near the trunk line extremities, at not fewer than eight (8) widely scattered locations. Testing shall be carried out pursuant to FCC regulations.</text>
    </level>
    <level label="3">
      <text>At any time after commencement of service to subscribers, the County may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy. The County will endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the franchisee or to the subscriber.</text>
    </level>
    <level label="4">
      <text>A copy of the annual performance tests report required by the FCC shall be simultaneously submitted to the County.</text>
    </level>
    <level label="5">
      <text>The County shall have the right to employ qualified consultants if necessary or desirable to assist in the administration of this or any other Section of this Subtitle.</text>
    </level>
  </level>
</section>
