(a) System Tests.
(1) The Franchisee shall test the System as required by the FCC Rules and Regulations. A copy of all such tests shall be given to the City upon request. In addition, upon request by the City the Franchisee shall test the System or any component thereof when a sufficient number of customer complaints warrant such tests or other evidence indicating an unresolved controversy or significant noncompliance. Such tests may include, but not be limited to, visual signal levels, visual signal noise measurements, and/or such tests as may be indicated by circumstance.
(2) Should the Franchisee fail or refuse to undertake said tests to resolve the complaint or controversy, the City may retain an independent engineer to perform said tests. The City shall arrange such tests so as to minimize hardship or inconvenience to the Franchisee or the Subscribers.
(3) Should the special testing establish that the system failed to meet all required technical standards, the Franchisee shall bear the expense.
(4) Should the special testing establish that the System meets all required technical standards, the City shall bear the expense.
(b) Annual Report. The Franchisee shall, within sixty (60) days of the end of each calendar year, file with the City an Annual Report containing the following information regarding the System and its operation:
(1) A description of the Basic Service being offered at the end of the at the close of the calendar year with a detailed analysis of all changes made during that year including justification for the change.
(2) An analysis of the results of all Subscriber surveys conducted during that year.
(3) A copy of the current service contract, Subscriber service information, and a copy of the Subscriber notice as required.
(4) Description of unserved areas within the City and a plan to provide service, including construction time table and system design.
(5) Description of all service offered in addition to Basic Service, rates, method of delivery and security, and plans for future services accompanied by time tables for launch.
(c) Additional Reports. The Franchisee shall prepare, at times and in the form requested, additional reports which the City may deem reasonably necessary for its administration and enforcement of this Chapter.
(d) Errors and Omissions. If the Franchisee knowingly fails to file any report or files a materially false and misleading report to the City, then such error or omission shall be deemed a breach of the Franchise and subject the Franchisee to an appropriate penalty or remedy including, but not limited to, revocation of the Franchise.
(e) Maps. The Franchisee shall provide the City with a current map or set of maps, drawn to scale, showing the System and all equipment installed in the Streets or other public places. Said maps shall show areas where the System is now available as well as where the System is not currently available within the Franchise area. The Franchisee shall furnish annually any map where change has occurred in the System design.