(A) Tests for a system.
(1) Tests for a system shall be performed periodically in a manner so as to conform to FCC specifications.
(2) The city shall notify the grantee of its desire to witness the tests for a period of 90 days beyond the date of request.
(3) The grantee shall notify the city at least three business days prior to conducting the tests.
(4) Representatives of the city may witness the tests and written test reports shall be made available to the city upon request.
(5) If any test locations fail to meet the specifications, the grantee shall be required to indicate what corrective measures have been or will be taken.
(6) The grantee shall have the site re-tested on a timely basis as needed.
(B) Complaints.
(1) Whenever there have been similar complaints made or when there exists other evidence, which, in the reasonable judgment of the city, casts doubt on the reliability or quality of the grantee’s system, the city shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system.
(2) The city may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal.
(3) Reports on the tests shall be delivered to the city no later than 30 days after the city formally requests the tests and shall include the following information:
(a) The nature of the complaints which precipitated the special tests;
(b) What system component was tested;
(c) The equipment used, and procedures employed in the testing;
(d) The results of the tests; and
(e) Methods by which the complaints were resolved.
(4) The tests and analyses shall be supervised by an engineer or other trained technical specialist who shall sign all records of the special tests and forward same to the city with a report interpreting the results of the tests and recommending what actions should be taken by the city.
(5) All the tests conducted by the grantee shall be at the expense of the grantee.
(C) Consultants.
(1) The city shall have the right to employ or contract with qualified consultants and attorneys if necessary or desirable, to assist in the administration of this, or any other section of this chapter or the franchise agreement.
(2) If an independent qualified consultant makes a finding that the grantee’s test results differ by more than 10% from the FCC technical standard, the grantee shall reimburse the city for its reasonable costs associated with the testing.
(Ord. passed 8-27-02)