(A) In order to monitor a franchisee's performance and adherence to this chapter and the franchise agreement, the village, through the Cablecasting Board, and a franchisee may hold scheduled review sessions within 30 days after the first, fourth, seventh and tenth anniversary dates of the effective date of the franchise and each three years thereafter during the remaining initial term of the franchise and any extension or renewal thereof. All such review sessions shall be open to the public and notice thereof shall be published not less than ten days nor more than 30 days before each review session in a local newspaper of general circulation. The published notice shall specify the topics to be discussed. Notice shall be given in accordance with the provisions of § 113.139.
(B) Unless waived by resolution of the Cablecasting Board in writing four months prior to each scheduled review session, a franchisee shall submit to the Cablecasting Board the results of an independent opinion survey which shall elicit constructive criticisms and identify unmet needs among subscribers and nonsubscribers in the franchise area. The Cablecasting Board shall establish standards and controls with respect to the opinion survey, the preparation and implementation of which shall be without expense to the village or the Cablecasting Board and shall approve in advance the survey form and the person conducting the survey.
(C) Special review sessions may be held at any time during the term of the franchise by the village or by the Cablecasting Board upon not less than 30-days' notice to a franchisee of the time and place of the review sessions and the topics to be covered. All such review sessions shall be open to the public, and public notice of the review sessions shall be given in accordance with the provisions of § 113.139.
(D) All or any of the following topics may be designated for discussion and review at any review session:
(1) Judicial and federal communications rulings;
(2) Rate structures;
(3) Application of new technology or new developments;
(4) System performance;
(5) System extension policy;
(6) Service provided;
(7) Programming offered;
(8) Customer complaints;
(9) Privacy;
(10) Amendments to the ordinance authorizing the franchise;
(11) Interconnection;
(12) Underground progress;
(13) Public, governmental and educational access programs and performance;
(14) Studio facilities and service;
(15) Insurance;
(16) New services;
(17) Other topics may be added by either party. Members of the general public may also request discussion of additional topics.
(E) The Cablecasting Board at its discretion may utilize the services of a consultant to gain additional information for use during the review sessions. A franchisee shall cooperate with such consultant and the Cablecasting Board in all aspects of the performance review. In the event the consultant's review reveals or leads to the discovery of a significant default or violation of the franchise, the reasonable fees of such consultant relating to such default or violation shall be borne by a franchisee.
(F) The Cablecasting Board shall, at the conclusion of all review sessions, issue a public report to the Village Council announcing its findings and recommendations for enforcement of or modifications to this chapter or the franchise agreement.
(Ord. passed - -)