(A) Tests. At the time of annual FCC Proof of Performance testing, the grantee shall conduct technical performance tests to demonstrate full compliance with all technical standards contained in this chapter, the franchise, and the technical standards and guidelines of the FCC.
(B) Report. Such tests shall be performed by, or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. Upon request, a copy of the report shall be submitted to the city, describing test results, instrumentation, calibration, and test procedures, and the qualification of the engineer responsible for the tests.
(C) Test Points. System monitor test points shall be established as required by the FCC. Such periodic tests shall be made at the test points as shall be required by the FCC and/or the franchise.
(D) FCC Reports. In addition to the performance test reports required herein, a copy of any performance test reports required by the FCC shall be submitted to the city upon request within 60 days of completion.
(E) Complaints. Whenever there have been similar complaints made or when there exists other evidence, which, in the reasonable judgment of the city, casts doubt on the reliability or quality of the grantee's system, the city shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system. The city may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Reports on such tests shall be delivered to the county no later than 21 days after the city formally notifies the grantee and 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 methods by which said complaints were resolved. Said tests and analyses shall be supervised by a professional engineer who shall sign all records of the special tests and forward same to the city with a report interpreting the results of the tests and recommending what actions should be taken by the city.
(F) Consultants. The city shall have the right, at its expense, to employ or contract with qualified consultants and attorneys if necessary or desirable, to assist in the administration of this, or any other section of this chapter or the franchise.
(Ord. 99-38, passed 7-6-99)