To provide for technological, economic, and regulatory changes in the state of the art of telecommunications, to facilitate renewal procedures, to promote the maximum degree of flexibility in a telecommunications system, and to achieve a continuing, advanced modern system, the grantor and a grantee shall comply with the following system and services review provisions.
(A) At the grantor’s sole option, the grantor and a grantee shall hold a performance and compliance system and services audit session on or about the third anniversary date of a franchise agreement or renewal. Subsequent performance and compliance audits shall be scheduled by the grantor each three years thereafter.
(B) Sixty days prior to the scheduled system audit, a grantee shall submit a report to the grantor indicating the following:
(1) All system services that are being provided on an operational basis, excluding tests and demonstrations, to other municipalities within the United States with populations above 50,000 that are not provided to the grantor; and
(2) A plan for provision of such services, or a justification indicating why such services are not feasible for the grantor’s franchise area.
(C) Topics for discussion and review at the system and services audit sessions shall include, but shall not be limited to, services provided, rate structure, free or discounted services, application of new technologies, system performance, programming, users’ complaints, rights of privacy, amendments to a franchise awarded hereunder, construction processes, developments in the law, and regulatory constraints.
(D) Either the grantor or a grantee may select additional topics for discussion at any review session.
(E) Not later than 60 days after the conclusion of each system and services audit, the grantor shall issue findings, including specifically a listing of any services not then being provided to the grantor, that are considered technically and economically feasible.
(2011 Code, § 14.12.080)