(a) The grantee shall conduct technical tests of the cable system as required by the FCC, and shall provide copies to the town within 60 days of completion of such tests.
(b) Such periodic tests shall be made at the test points as shall be required by the FCC and the franchise.
(c) Whenever there have been multiple, similar complaints made or when there exists other evidence, which, in the judgment of the town, casts doubt on the reliability or quality of the grantee's system, the town shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system. The grantee shall reasonably determine the nature and extent of testing required to make an adequate evaluation of system performance. Reports on such tests shall be delivered to the town no later than 14 days after the town 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 performed by qualified system personnel. Qualified system personnel shall certify all records of the special tests and forward same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the grantee. The town shall bear the costs of all special tests unless the tests reveal items of noncompliance with FCC technical standards. If the cause of the problem has not been identified by the tests or resolved, and complaints continue, the grantee shall use its best efforts to resolve the problem in a timely manner.
(d) The town shall have the right to employ qualified consultants if necessary or desirable at the town's expense to assist in the administration of this or any other section of this chapter or the franchise.
(Ord. No. 04-009, § 6-40, 8-26-2004)