A. Compliance Records. Upon reasonable notice, the Grantee shall demonstrate compliance with any or all of the standards required by this Ordinance as well as any other County ordinance, state or federal laws and regulations, and the Franchise Agreement, if any. The Grantee shall provide sufficiently detailed information to permit the County to readily verify the extent of compliance upon ten business days’ written notice to the Grantee.
B. Breach for Non-Compliance. A repeated and verifiable pattern of non-compliance with the consumer protection standards herein, after Grantee’s receipt of due notice, may be termed a breach of the Franchise, subject to any and all remedies prescribed in this Ordinance, the Franchise Agreement, if any, the Cable Act and applicable law.
C. Testing for Compliance.
1. Standards. The Cable Communications System shall meet all technical, testing and performance standards contained in this Ordinance, the Cable Act, the Franchise Agreement, if any, and as required by the FCC.
2. Test and compliance procedure. The Grantee shall submit, within sixty (60) days after the earlier of the acceptance of the Franchise or execution of a Franchise Agreement, if any, a detailed test plan, in compliance with the FCC’s technical standards, describing the methods and schedules for testing the Cable System on an ongoing basis to determine compliance with the provisions of this Ordinance, the Cable Act, the Franchise Agreement if any, and as required by the FCC, if requested by the County. The tests shall be performed at intervals no greater than twelve (12) months and advance notice of each test shall be submitted to the County of same. The tests may be witnessed by representatives of the County and written test reports shall be submitted to the County. If more than ten percent (10%) of the locations tested fail to meet the performance standards, the Grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated. A second failure of more than ten percent (10%) shall be considered a violation of this Ordinance.
3. Special Tests. At any time after commencement of service to Subscribers, the County may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific Subscriber’s terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved complaint or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The County shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to a Grantee or to the Subscriber.
4. Costs of tests. The costs of all tests required under Subsection 2. above, and retesting as necessary, shall be borne by the Grantee, except that if the County requires the utilization of outside consultants or test personnel such costs shall be borne by the Grantee as well. Costs of all tests under Subsection 3. shall be borne by the Grantee.
D. Books and Records. The County, upon reasonable notice to the Grantee, may review the Grantee’s books and records as is reasonably necessary to ensure compliance with the terms of this Ordinance and the Franchise Agreement, if any. Such records shall include, but shall not be limited to, any public records required to be kept by the Grantee pursuant to the rules and regulations of the FCC. The Grantee shall not be required to provide Subscriber information in violation of § 631 of the Cable Act.
(Ord. O-200203-12-002, passed 3-5-2002)