§ 49-38. Testing and performance monitoring.

A. 

Not later than 30 days after any new or substantially rebuilt portion of the system is made available for service to subscribers and thereafter on the annual anniversary of the effective date of the franchise, the grantee shall conduct technical performance tests to demonstrate full compliance with all technical standards contained in this chapter and the franchise and the technical standards and guidelines of the Federal Communications Commission and the Commission.

B. 

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 town, describing test results, instrumentation, calibration and test procedures and the qualification of the engineer responsible for the tests.

C. 

System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line at or near trunk line extremities. Such periodic tests shall be made at the test points as shall be required by the Federal Communications Commission and/or the franchise.

D. 

In addition to the performance test reports required herein, a copy of any performance test reports required by the Federal Communications Commission shall be submitted to the town within 60 days of completion.

E. 

Whenever there have been similar complaints made or when there exists other evidence, which, in the judgment of the town, casts doubt on the reliability or quality of the grantee's system, the town shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system. The town may require additional tests, full or partial repeat tests, different test procedures or tests involving a specific subscriber's terminal. Reports on such tests shall be delivered to the town no later than 14 days after the town formally notifies the grantee and shall include the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved. Said tests and analyses shall be supervised by a professional engineer not on the permanent staff of the grantee who shall sign all records of the special tests and forward the same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the town. All such tests shall be at the expense of the grantee.