(A) The town and the grantee shall hold scheduled performance evaluation sessions within 30 days of the first, third, sixth, ninth, and twelfth anniversary dates of the grantee's award of the franchise and as may be required by federal and state law. All evaluation sessions shall be open to the public.
(B) Special evaluation sessions may be held at any time during the term of the franchise at the request of the town or the grantee.
(C) All evaluation sessions shall be open to the public and announced in a newspaper of general circulation, in accordance with general law. Grantee shall notify its subscribers of all evaluations sessions by announcement on at least one of the cable channels of its system between the hours of 7:00 p.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 are not limited to, franchise fee, penalties, application of new technologies, system performance, services provided, programming offered, customer complaints, privacy, amendments to this chapter, judicial and FCC rulings line extensions policies, and grantee or town rules.
(E) Members of the general public may add topics by commenting during the period reserved for public comments.
(F) During a review and evaluation by town, grantee shall fully cooperate with the town and shall provide such information and documents as the town may need to reasonably perform the review.
(G) If at any time during its review, the town determines that reasonable evidence exists of inadequate CATV system performance, it may require the grantee to perform tests and analysis directed toward the suspected inadequacies. Grantee shall fully cooperate with the town in performing this testing and shall prepare results and a report within 30 days after notice. This report shall include the following information:
(1) The nature of the complaint or problem which precipitated the special test;
(2) What system component was tested;
(3) The equipment used and procedures employed in testing;
(4) The method, if any, in which the complaint or problem was resolved; and
(5) Any other information pertinent to the test and analyses which may be required.
(H) The town may require that tests be supervised by a professional engineer not on the permanent staff of the grantee. The cost of such test and related charges shall be at the grantee's expense only in those instances where the problem is found to be the grantee's fault. The engineer shall sign all records of special tests and forward to the town those records with a report interpreting the results of the tests and recommending actions to be taken.
(Ord. passed 7-21-86)