§  76.601   Performance tests.

   (a) The operator of each cable television system shall be responsible
   for insuring that each such system is designed, installed, and operated
   in a manner that fully complies with the provisions of this subpart.

   (b) The operator of each cable television system shall conduct complete
   performance tests of that system at least twice each calendar year (at
   intervals not to exceed seven months), unless otherwise noted below.
   The performance tests shall be directed at determining the extent to
   which the system complies with all the technical standards set forth in
   § 76.605(a) and shall be as follows:

   (1) For cable television systems with 1000 or more subscribers but with
   12,500 or fewer subscribers, proof-of-performance tests conducted
   pursuant to this section shall include measurements taken at six (6)
   widely separated points. However, within each cable system, one
   additional test point shall be added for every additional 12,500
   subscribers or fraction thereof (e.g., 7 test points if 12,501 to
   25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers,
   etc.). In addition, for technically integrated portions of cable
   systems that are not mechanically continuous ( i.e. , employing
   microwave connections), at least one test point will be required for
   each portion of the cable system served by a technically integrated
   microwave hub. The proof-of-performance test points chosen shall be
   balanced to represent all geographic areas served by the cable system.
   At least one-third of the test points shall be representative of
   subscriber terminals most distant from the system input and from each
   microwave receiver (if microwave transmissions are employed), in terms
   of cable length. The measurements may be taken at convenient monitoring
   points in the cable network: Provided, that data shall be included to
   relate the measured performance of the system as would be viewed from a
   nearby subscriber terminal. An identification of the instruments,
   including the makes, model numbers, and the most recent date of
   calibration, a description of the procedures utilized, and a statement
   of the qualifications of the person performing the tests shall also be
   included.

   (2) Proof-of-performance tests to determine the extent to which a cable
   television system complies with the standards set forth in § 76.605(a)
   (3), (4), and (5) shall be made on each of the NTSC or similar video
   channels of that system. Unless otherwise as noted,
   proof-of-performance tests for all other standards in § 76.605(a) shall
   be made on a minimum of four (4) channels plus one additional channel
   for every 100 MHz, or fraction thereof, of cable distribution system
   upper frequency limit (e.g., 5 channels for cable television systems
   with a cable distribution system upper frequency limit of 101 to 216
   MHz; 6 channels for cable television systems with a cable distribution
   system upper frequency limit of 217-300 MHz; 7 channels for cable
   television systems with a cable distribution upper frequency limit to
   300 to 400 MHz, etc.). The channels selected for testing must be
   representative of all the channels within the cable television system.

   (3) The operator of each cable television system shall conduct
   semi-annual proof-of-performance tests of that system, to determine the
   extent to which the system complies with the technical standards set
   forth in § 76.605(a)(4) as follows. The visual signal level on each
   channel shall be measured and recorded, along with the date and time of
   the measurement, once every six hours (at intervals of not less than
   five hours or no more than seven hours after the previous measurement),
   to include the warmest and the coldest times, during a 24-hour period
   in January or February and in July or August.

   (4) The operator of each cable television system shall conduct
   triennial proof-of-performance tests of its system to determine the
   extent to which the system complies with the technical standards set
   forth in § 76.605(a)(11).

   (c) Successful completion of the performance tests required by
   paragraph (b) of this section does not relieve the system of the
   obligation to comply with all pertinent technical standards at all
   subscriber terminals. Additional tests, repeat tests, or tests
   involving specified subscriber terminals may be required by the
   Commission or the local franchiser to secure compliance with the
   technical standards.

   (d) The provisions of paragraphs (b) and (c) of this section shall not
   apply to any cable television system having fewer than 1,000
   subscribers: Provided, however, that any cable television system using
   any frequency spectrum other than that allocated to over-the-air
   television and FM broadcasting (as described in § § 73.603 and 73.210
   of this chapter) is required to conduct all tests, measurements and
   monitoring of signal leakage that are required by this subpart. A cable
   television system operator complying with the monitoring, logging and
   the leakage repair requirements of § 76.614, shall be considered to
   have met the requirements of this paragraph. However, the leakage log
   shall be retained for five years rather than the two years prescribed
   in § 76.1706.

   Note 1 to § 76.601: Prior to requiring any additional testing pursuant
   to § 76.601(c), the local franchising authority shall notify the cable
   operator who will be allowed thirty days to come into compliance with
   any perceived signal quality problems which need to be corrected. The
   Commission may request cable operators to test their systems at any
   time.

   Note 2 to § 76.601: Section 76.1717 contains recordkeeping requirements
   for each system operator in order to show compliance with the technical
   rules of this subpart.

   Note 3 to § 76.601: Section 76.1704 contains recordkeeping requirements
   for proof of performance tests.

   [ 65 FR 53615 , Sept. 5, 2000]