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(a) Technical Standards. The cable system shall meet or exceed all applicable technical and performance standards of the FCC, or its successor agency, as a minimum; provided, however, that enforcement of any default of such standards is subject to jurisdiction as established by applicable law.

(b) Test and Compliance Procedure. The Grantee shall test the cable system in compliance with the testing requirements of the FCC. The Grantee shall advise the Grantor of schedules for testing the cable system in order that the tests may be witnessed by representatives of the Grantor, and upon written request a copy of test reports shall be provided to the Grantor. The Grantee shall provide the Grantor with at least sixty (60) days’ written notice of all tests.

(c) Additional Tests. At any time after commencement of service to subscribers, the Grantor 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 any unresolved controversy or noncompliance, and such tests shall be limited to the particular matter in controversy. The Grantor shall endeavor to so arrange its request for such special tests so as to minimize hardship or inconvenience to the Grantee or to the subscriber. Failure to perform requested tests within thirty (30) days shall constitute a material breach of this franchise. (Ord. 731 § 1, 2004)