(a) Compliance with FCC Standards. The Cable System shall be designed, constructed, and operated so as to meet the technical standards promulgated by the FCC relating to Cable Communications Systems contained in part 76 of the FCC’s rules and regulations relating to Cable Communications Systems and found in the Code of Federal Regulations, Title 47, as may be amended from time to time. The results of the FCC required tests must be made available to the Village free of charge if the Village requests them in writing. If the above-described FCC rules and regulations are terminated, the Village reserves the right to mandate technical standards to the extent permitted by applicable law.
(b) Special Testing.
(1) Upon ten (10) days advance notice to an Operator, the Village may test or cause to be tested all or any part of the Cable System at any time and without any requirement to provide a reason to the Operator (“Special Tests”). The notice shall include the name, address and qualifications of the entity retained to conduct the Special Tests. The Operator shall have the right to have a representative present during all testing.
(2) The Village shall attempt to arrange Special Tests so as to minimize hardship or inconvenience to the Operator and Subscribers.
(3) For good cause shown, the Village may require the Operator to pay the costs of the Special Tests.
(c) Operational Status Reports. Upon request, but no more than quarterly, the Operator shall provide reports to the Village of the following statistical information:
(1) Number of service requests received from Subscribers seeking repair, maintenance, or related action from the Operator;
(2) Breakdown by type of Complaints received;
(3) Breakdown by cause of problems experienced on the Cable System;
(4) Breakdown by type of response or resolution of Complaints received or problems experienced with the Cable System;
(5) Subscribers added;
(6) Subscribers disconnected; and
(7) Such other reports as may be reasonably required by the Village to ascertain the Operator’s compliance with this Franchise.
(Ord. 2001-109. Passed 11-13-01.)