To provide for technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable system, and to achieve a continuing, advanced modern system, the following system and services review procedures are hereby established:
A. At the Grantor's sole option, the Grantor may hold a public hearing on or about the third anniversary date of the Franchise Agreement at which the Grantee shall be present and shall participate, to review the cable communications system and services. Subsequent system and services review hearings may be scheduled by the Grantor each three (3) years thereafter.
B. Sixty (60) days prior to the scheduled system and services review hearing, Grantee shall submit a report to Grantor indicating the following:
1. All cable system services reported in cable industry trade journals as being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, not provided to the Grantor.
2. Any specific plans for provision of such new services by the Grantee, or a justification indicating why the Grantee believes such services are not feasible for the franchise area.
C. Topics for discussion and review at the system and services review hearing shall include but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, developments in the law, and regulatory constraints.
D. Either the Grantor or the Grantee may select additional topics for discussion at any review hearing.
E. Not later than sixty (60) days after the conclusion of each system and service review hearing, the Grantor shall issue a report, including specifically a listing of any cable services not then being provided to the Grantor considered technically and economically feasible. The Grantor may request the Grantee to provide such services within a reasonable time, under reasonable rates and conditions.
('65 Code, § 35B-4(h)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)