(A) Tests and measurements to ensure compliance with technical standards shall be performed in a manner that is consistent with the provisions of 47 C.F.R. 76.609, et seq., and as amended from time to time.
(B) (1) The government shall have the right and authority to compel the grantee to produce copies of the reports of testing performed to comply with such section (A) above with respect to the performance of the cable television system of the grantee or to test, analyze, and report on the performance of the system. Such test or tests shall be made, and the reports of such test or tests shall be delivered to the government no later than thirty (30) days after the government formally notifies the grantee in writing that such test or reports are required.
(2) The government's right under this provision shall include, but not be limited to, requiring tests, analyses, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the government has grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service and non-cable service; provided, however, that the government's right under this provision shall be limited to requiring no more than one (1) such test, analysis, or report in any twelve (12) month period.
(3) The tests and analyses shall be supervised by qualified person, not on the permanent staff of the grantee and selected by the government, with all costs to be borne by the grantee only if the testing indicates that the cable television system is not in compliance with this chapter, the Communications Act and/or FCC rules and/or regulations. The aforesaid person shall sign all records of special tests and forward to the government such records with a report interpreting the results of the tests and recommending actions to be taken by the government.
(Ord. 1999-13, passed 11-8-99)