(A) Tests. All testing of the system shall be done in accordance with the rules and regulations of the FCC. In addition, the town, in its discretion may require other testing and reports as it determines to be necessary to protect the interests of the citizens of the town and when necessary to ascertain grantee’s compliance with this chapter and the franchise agreement.
(B) FCC reports. A copy of any performance test reports required by the FCC shall be submitted to the town upon request and with reasonable notice.
(C) Complaints. Whenever there have been similar complaints made or when there exists other evidence, which, in the reasonable judgment of the town, casts doubt on the reliability or quality of the grantee’s system, the town shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system. The town may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal. Reports on the tests shall be delivered to the town no later than 30 days after the town formally notifies the grantee 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 the testing; the results of the tests; and methods by which the complaints were resolved. The tests and analyses shall be supervised by an engineer who shall sign all records of the special tests and forward same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the town. All the tests shall be at the expense of the grantee.
(D) Consultants. The town shall have the right, at its expense, 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.