The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of any Operator’s Franchise. Therefore, in order to provide for a maximum degree of flexibility in the Operator’s Franchise, the following evaluation provisions will apply:
(a) The Village may require, at its sole discretion, evaluation sessions at any time during the term of the Operator’s Franchise provided, however, there shall not be more than one (1) evaluation session during any calendar year and no more than three (3) evaluations per Franchise Term.
(b) Topics which may be discussed at any evaluation and renegotiation session include, but are not limited to rates, Channel capacity, Cable System performance, programming, access, municipal uses of cable, Subscriber Complaints, judicial rulings, FCC rulings and any other topics the Village or the Operator deem relevant.
(c) During an evaluation session, the Operator shall fully cooperate with the Village and shall provide without cost such information and documents as the Village may reasonably request to perform the evaluation.
(d) If, at any time during its evaluation, the Village determines that reasonable evidence exists of inadequate Cable System performance, the Village may require the Operator to perform tests (separate from the test provisions in Section 955.06 of this Chapter) and analysis directed toward such suspected inadequacies at the Operator’s expense. The Operator shall fully cooperate with the Village in performing such testing and shall prepare a report for the Village which shall include, without limitation:
(1) A description of the problem in the Cable System performance which precipitated the tests.
(2) A description of the Cable System component tested.
(3) A description of the equipment used and procedures employed in testing.
(4) A description of the method, if any, by which the Cable System performance problem was resolved.
(5) Any other information pertinent to said tests and analysis which may be required by the Village, or determined when the test is performed.
If, after receiving the Operator’s report, the Village determines that reasonable evidence still exists of inadequate Cable System performance, the Village may enlist an independent engineer to perform tests and analysis directed toward such suspected inadequacies. The cost of any independent engineer shall be subject to Section 955.06(b) hereof.
(e) The Village or the Operator may determine that a change in the terms of the Operator’s Franchise Agreement may be required; or that the Cable System or Franchise requirements should be updated, changed, revised, or that additional services should be provided. If the desired change is consistent with the terms of this Chapter, the cable television related needs and interests of the Village, and existing State-of-the-Art technology, the Operator and the Village will, in good faith, review the terms of the change and any proposed amendment to the Operator’s Franchise Agreement. Based on that review, an amendment to the Operator’s Franchise Agreement may be executed.
(Ord. 2001-109. Passed 11-13-01.)