(A) Tests for a system shall be performed periodically in a manner so as to conform with FCC specifications. The grantee shall notify the county at least three business days prior to conducting such tests. Representatives of the county may witness the tests, and written test reports shall be made available to the county upon request. If any test locations fail to meet such specifications, the grantee shall be required to indicate what corrective measures have been or will be taken. The grantee shall have the site re-tested on a timely basis as needed.
(B) Complaints. Whenever there have been similar complaints made or when there exists other evidence which, in the reasonable judgment of the county, casts doubt on the reliability or quality of the grantee’s system, the county shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system. The county may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal. Reports on such tests shall be delivered to the county no later than 30 days after the county formally requests the tests and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used, and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved. Said 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 county with a report interpreting the results of the tests and recommending what actions should be taken by the county. All such tests conducted by the grantee shall be at the expense of the grantee.
(C) Consultants. The county 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. If an independent qualified consultant makes a finding that the grantee’s test results were inaccurate or the results furnished to the county differ by more than 10% as reported to the FCC, the grantee shall reimburse the county for its reasonable costs associated with the testing.
(1996 Code, § 110.052) (Ord. passed 11-20-2000)