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. Each system operator shall be prepared to show, on request by 
an authorized representative of the Commission or the local franchiser, 
that the system does, in fact, comply with the rules.
    (b) The operator of each cable television system shall maintain at 
its local office a current listing of the cable television channels 
which that system delivers to its subscribers.
    (c) 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, and shall maintain the resulting test data on file at the 
operator's local business office for at least five (5) years. The test 
data shall be made available for inspection by the Commission or the 
local franchiser, upon request. 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

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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).
    (d) Successful completion of the performance tests required by 
paragraph (c) 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 of the 
local franchiser to secure compliance with the technical standards.
    (e) The provisions of paragraphs (c) and (d) 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. 73.603 and 
Sec. 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

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than the two years prescribed in Sec. 76.614.

    Note: Prior to requiring any additional testing pursuant to 
Sec. 76.601(d), 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.


[ 57 FR 11001 , Apr. 1, 1992, as amended at  57 FR 61010 , Dec. 23, 1992]