§ 6.08.060. System facilities, equipment, and services.

A.

Compliance with Franchise Agreement. In addition to satisfying such requirements as may be established through the application process and incorporated in its franchise agreement, every franchisee shall comply with the conditions set forth in this Section 6.08.060, except as prohibited by federal law.

B.

Reserved.

C.

Reserved.

D.

Leased Access Requirement. A franchisee shall provide leased access channels as required by federal law.

E.

Reserved.

F.

Proof of Performance Tests.

1.

At least once every six months, unless otherwise limited by a franchise agreement or FCC rules, a franchisee shall perform proof of performance tests at the test points designated pursuant to Section 6.08.050(F)(1)(c) and at other points where system user complaints indicate tests are warranted. Franchisee shall also perform such other tests as may be specified in a franchise agreement, designed to demonstrate compliance with this section, the franchise agreement, and FCC requirements. The franchisee shall provide Metropolitan Nashville ten days' advance written notice when a proof-of-performance or other required test is scheduled so that Metropolitan Nashville may have an observer present. Metropolitan Nashville shall have the right to inspect the cable system during and after its construction to ensure compliance with this section, a franchise agreement, and applicable provisions of local, state and federal law, and based on the results of such inspection, may require the franchisee to perform additional tests based on Metropolitan Nashville's investigation of cable system performance or on subscriber complaints.

2.

Reserved.

G.

Reserved.

H.

Reserved.

I.

System Design Review Process. Upon request and reasonable advance notice, a franchisee shall provide a detailed system design and construction plan (where applicable), available for review by Metropolitan Nashville at the local office of the franchisee, which shall include at least the following elements:

1.

Design type, trunk and feeder design, and number and location of hubs or nodes;

2.

Distribution system-cable, fiber, and equipment to be used;

3.

Plans for standby power at headend;

4.

Longest amplifier cascade in system (number of amplifiers, number of miles, type of cable/fiber);

5.

Design maps and tree trunk maps for the system.

The system design will be shown on maps of industry standard scale using standard symbology, and shall depict all electronic and physical features of the cable plant. Metropolitan Nashville may take any appropriate action it is entitled to take under a franchise agreement, this chapter, or other applicable law if it believes the design plan fails to satisfy or is likely to fail to satisfy the franchisee's obligations. Metropolitan Nashville's review does not excuse any nonperformance under a franchise agreement, this chapter or other applicable law.

J.

Reserved.

K.

Public, Educational and Governmental Access Channels. A franchisee shall provide channels and facilities for public, educational and/or governmental use as provided in its franchise agreement.

(Ord. BL2013-396 § 6, 2013; Ord. 95-1368 § 2 (part), 1995)