Sec.  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  Sec. 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  Sec. 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  Sec. 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  Sec. 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
    Sec. 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  Sec.  Sec. 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  Sec. 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  Sec. 76.1706.

   Note 1 to  Sec. 76.601: Prior to requiring any additional testing pursuant to
    Sec. 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  Sec. 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  Sec. 76.601: Section 76.1704 contains recordkeeping requirements for
   proof of performance tests.

   [ 65 FR 53615 , Sept. 5, 2000]