(A) The grantee shall meet or exceed all FCC minimum performance and technical standards. The grantor shall have the right to compel the grantee to provide results of grantee’s testing of the cable system. In the event that the grantor has evidence of noncompliance, the grantor may also perform technical tests of the cable system during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the grantee or the cable system in order to determine whether or not the grantee is in compliance with the terms hereof and applicable state or federal laws. Tests may be undertaken only after giving the grantee reasonable notice thereof, not to be less than ten business days, and providing a representative of the grantee has an opportunity to be present during the tests. In the event that testing demonstrates that the grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of the tests shall be borne by the grantee. In the event that the testing demonstrates that the grantee has substantially complied with the material provisions hereof, the cost of the testing shall be borne by the franchising authority. Except in emergency circumstances, the franchising authority agrees that the testing shall be undertaken no more than once a year, and that the results thereof shall be made available to the grantee.
(B) Any special performance tests or measurements required by the grantor shall be reported to the grantor within 14 business days after the test or measurements are performed. The report shall include the following information: the nature of the complaint which precipitated the special tests; what system component was tested, the equipment used and procedures employed in the testing; the results of the tests; and the method in which the complaints were resolved. Any other information pertinent to the special test shall be recorded.
(Ord. 2314, passed 1-25-2006)