A. The City and the grantee shall hold performance evaluation meetings within thirty (30) days of the third, sixth, tenth, and twelfth anniversary dates of the grantee's award of the franchise and as required by Federal and State law. All such evaluation meetings shall be open to the public. Grantee shall be solely responsible for notifying the City, in writing, at least sixty (60) days in advance, of each of the specified performance evaluation meetings, and no notice to the grantee pursuant to Section 8-4-4-2 of this Chapter shall be required.
B. Special evaluation meetings may be held at any time during the term of the franchise at the request of the agency or the grantee.
C. All evaluation meetings shall be open to the public and announced by the Council in a newspaper of general circulation in accordance with the notice requirements of Section 8-4-4-2 of this Chapter. No such newspaper notice shall be required as to any adjourned meetings. Grantee shall notify subscribers of all evaluation meetings including any adjourned meetings by announcement on the highest use origination channel on the system no less than three (3) times between the hours of seven o'clock (7:00) P.M. and nine o'clock (9:00) P.M. for five (5) consecutive days immediately preceding each meeting.
D. Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, privacy, amendments to this Chapter, modification to the franchise, judicial and FCC rulings, line extension policies and grantee or City rules.
E. During a review and evaluation by the City, the grantee shall fully cooperate with the City and shall provide such information and documents as the City may request to reasonably perform its review.
F. If at any time during its review, the City determines that reasonable evidence exists of inadequate CATV system performance, it may require the grantee to perform test and analysis directed toward the suspected inadequacies. The grantee shall fully cooperate with the City in performing such testing and shall prepare results and a report if requested within thirty (30) days after notice. Such report shall include the following information:
1. The nature of the complaint or problem which precipitated the special tests;
2. What system component was tested;
3. The equipment used and procedures employed in testing;
4. The method, if any, in which such complaint or problem was resolved;
5. Any other information pertinent to said tests and analysis which may be required;
6. The City may require the test to be supervised at grantee's expense by a professional engineer to be approved by the City not on the permanent staff of the grantee. The engineer should sign all records of special tests and forward to the City such records with a report interpreting the results of the test and recommending actions to be taken.
G. The City's rights under this Section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service. (Ord. 0-90-56, 12-3-1990)