§ 15.74.060. Review of system performance.

A.

Performance Evaluation Sessions—Purpose and Procedure. To provide for technological advances in the state of the art in Cable Systems, to promote the maximum degree of flexibility and utilization of the System, to evaluate Grantee's performance and compliance with the provisions of this Chapter and any Franchise awarded pursuant thereto, to respond to regulatory changes and to achieve a continuing, advanced, modern Cable System, City and Grantee shall comply with the following review procedures:

1.

City may hold a regularly scheduled review session within thirty (30) days of the second anniversary date of the execution of the Franchise Agreement and subsequently every two (2) years thereafter. All review sessions shall be open to the public, and notice of date, time, location and agenda shall be given by Grantee, at Grantee's cost, by publication at least once in a newspaper of City-wide general circulation at least one (1) week prior to each session. In addition, Grantee shall announce the date, time and location of each session on each of at least five (5) days immediately preceding each session at a minimum of six (6) regularly scheduled intervals daily on at least two (2) Channels and shall notify all Subscribers by including notice with the previous monthly billing.

2.

Topics for discussion and review at the regular review session shall include, but not be limited to, the following: rate structure, free or discounted services, application of new technologies, System performance, services provided, programming, Subscriber complaints, user complaints, rights of privacy, construction progress, community service Channel implementation and utilization, amendments to this Chapter, undergrounding process and developments in the law. Either City or Grantee may select additional topics for discussion at any regular or special review session conducted pursuant to this Subsection or Subsection 15.74.060.B below.

B.

Special Review. When there have been complaints made or where there exists other evidence which, in the judgment of City, casts reasonable doubt on the reliability or quality of Cable Service to the effect that Grantee is not in compliance with the requirements of this Chapter or its Franchise, City shall have the right to compel Grantee to test, analyze and report on the performance of the System in order to protect the public against substandard Cable Service. City may not compel Grantee to provide such tests or reports unless and until City has provided Grantee with at least thirty (30) days' notice of its intention to exercise its rights under this Section and has provided Grantee with an opportunity to be heard prior to its exercise of such rights. Such test or tests shall be made and the report shall be delivered to City no later than thirty (30) days after City notifies Grantee that it is exercising such right, and shall be made at Grantee's sole cost. Such report shall include the following information: the nature of the complaints which precipitated the special tests, what System component was tested, the equipment used and procedures employed in said testing, the results of such tests, and the method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded.

(Ord. C-7471 § 1, 1997)