4-280-090 Performance evaluation sessions.
   A.   Upon 90 days advance written notice, the cable administrator may require a grantee to participate in performance evaluation sessions.
   B.   Evaluation sessions may be held at any time during the term of the franchise.
   C.   All evaluation sessions shall be open to the public and announced by the city in accordance with the public notice requirements of Section 4-280-070. Grantee shall notify subscribers of all evaluation sessions by announcements on appropriate channel(s) on the system as determined by the cable administrator, commission, between the hours of 7:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
   D.   Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, privacy amendments to this chapter, judicial and FCC rulings, line extension policies and grantee or city rules.
   E.   During a review and evaluation by the city, the grantee shall fully cooperate with the city and shall provide such information and documents as the cable administrator may need to reasonably perform the its review.
   F.   If at any time during a review and evaluation by the city, the cable administrator determines that reasonable evidence exists of inadequate cable system performance, the city may require a grantee to perform tests and analyses directed toward the suspected inadequacies. The grantee shall fully cooperate with the cable administrator in performing such testing and shall prepare results and a report if requested within 30 days after notice. Such report shall include the following information:
      1.   The nature of the complaint or problem which precipitated the special tests;
      2.   What system component was tested;
      3.   The equipment used and procedures employed in testing;
      4.   The method, if any, in which such complaint or problem was resolved;
      5.   Any other information pertinent to said tests and analyses which may be required;
      6.   The cable administrator may require the test to be supervised at grantee's expense by a professional engineer not on the permanent staff of the grantee, to be approved by the cable administrator. The engineer shall sign all records of special tests and forward to the commission such records with a report interpreting the results of the test and recommending actions to be taken.
   G.   The city's right under this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the cable administrator has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service.
(Prior code § 113.1-9; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1; Amend Coun. J. 11-8-12, p. 38872, § 131)