Periodic testing and compliance with FCC standards.
Springfield, Ill., City Code § 103.44
in effect§ 103.44. - Periodic testing and compliance with FCC standards.
(a) A grantee shall construct and operate the cable system to comply with the FCC technical standards as contained in 47 C.F.R. § 76, subpart K of the commission's rules and regulations, as updated and amended from time to time.
(b) A grantee shall perform all tests necessary to determine compliance with the FCC technical standards. The tests for cable service shall be performed at intervals no greater than every six months.
The tests may be witnessed by representatives of the city, and written test reports shall be submitted to the city. If more than 10% of the locations tested fail to meet the performance standards, the grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated. A second failure of more than 10% may result, at the city's option, in penalties as considered appropriate in accordance with section 103.53 of this article.
(c) Written records of test results shall be maintained at a grantee's local office and made available for inspection by the city or other designated agent of the city, upon request of the city.
(d) The city or other designated agent of the city may monitor and facilitate the enforcement of the FCC technical standards referenced herein in accordance with the Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket No. 96-85, FCC 99-57, released March 29, 1999.
(e) At any time after commencement of cable service to subscribers, the city may reasonably require additional tests, full or partial repeat tests, different test procedures consistent with FCC requirements, 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 shall be limited to the particular matter in controversy. The city shall endeavor to arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or the subscriber.
(f) Such testing reports as required under subsections (b) and (e) hereinabove shall include the following information:
(1) The nature of the complaint or problem that precipitated the special tests; and
(2) The system component(s) tested; and
(3) The equipment used and procedures employed in testing; and
(4) The method, if any, in which such complaint or problem was resolved; and
(5) Any other information pertinent to the tests and analysis which may be required.
(g) If, after receiving grantee's report, and after a grantee has completed any corrective action identified in the report, the city determines that reasonable evidence still exists of inadequate cable system performance and the grantee fails to promptly commence corrective action, then the city may enlist an independent engineer at grantee's expense to perform tests and analysis directed toward such suspected failures to meet the requirements of this article. Grantee shall cooperate and permit such testing.
(h) The city shall require tests, analysis, and reports covering specific subjects and characteristics based on repeated, material complaints or other evidence only when the city has reasonable grounds to believe that the complaints or other evidence require that the tests be performed to protect the public against cable service which has significantly degraded video and/or audio quality.
(i) The city may require the tests to be supervised by a professional cable television engineer to be approved by the city, not on the staff of the grantee. The engineer shall sign all records of special tests and forward to the city such records with a report interpreting the results of the test and recommending action to be taken.
(Ord. No. 613-11-02, § 1, 11-19-02)
Source: City of Springfield, Illinois, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/il/springfield/codes/code_of_ordinances?nodeId=TITIXGERE_CH103CATE_ARTIICACOSY_S103.44PETECOFCSTFetched: 11/8/2026