§  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 that operates NTSC or
   similar channels shall conduct performance tests of the analog channels
   on 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 and
   shall be as follows:

   (1) For cable television systems with 1,000 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 (e.g., employing microwave
   connections), at least one test point will be required for each portion
   of the cable system served by a technically integrated 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(b)(3), (4), and (5) shall be made on each of the NTSC or
   similar video channels of that system. Unless otherwise noted,
   proof-of-performance tests for all other standards in § 76.605(b) shall
   be made on a minimum of five (5) channels for systems operating a total
   activated channel capacity of less than 550 MHz, and ten (10) channels
   for systems operating a total activated channel capacity of 550 MHz or
   greater. The channels selected for testing must be representative of
   all the channels within the cable television system.

   (i) The operator of each cable television system that operates NTSC or
   similar channels 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(b)(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.

   (ii) The operator of each cable television system that operates NTSC or
   similar channels 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(b)(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, as amended at  83 FR 7627 , Feb. 22, 2018]