A. Annual Review Of System Performance: Each year throughout the term of the franchise, if requested by grantor, grantor and grantee shall meet publicly to review system performance and quality of service. The various reports required pursuant to this chapter or the franchise agreement, results of technical performance tests, the record of subscriber complaints and grantee's response to complaints, and the information acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after the conclusion of a system performance review meeting, grantor may issue findings with respect to the cable system's franchise compliance and quality of service. If grantor determines that grantee is not in compliance with the requirements of this chapter or grantee's franchise, grantor may direct grantee to correct the areas of noncompliance within a reasonable period of time. Failure of grantee, after due notice, to correct the areas of noncompliance within the period specified therefor, or to commence compliance within such period and diligently achieve compliance thereafter, shall be considered a material breach of the franchise, and grantor may exercise any remedy within the scope of this chapter and the franchise agreement.
B. Special Review Of System Performance: When grantor determines that there has been a pattern of complaints made or where there exists other evidence which, in the judgment of grantor, casts reasonable doubt on the reliability or quality of cable service to the effect that grantee is not in compliance with the requirements of this chapter or its franchise, grantor shall have the right to compel grantee to test, analyze and report on the performance of the system in order to protect the public against substandard cable service. Grantor may not compel grantee to provide such tests or reports unless and until grantor has provided grantee with at least thirty (30) days' notice of its intention to exercise its rights under this section and has provided grantee with an opportunity to be heard prior to its exercise of such rights. Such test or tests shall be made and the report shall be delivered to grantor no later than thirty (30) days after grantor notifies grantee that it is exercising such right, and shall be made at grantee's sole cost. Such report shall include the following information: the nature of the complaints which precipitated the special tests, what system component was tested, the equipment used and procedures employed in said testing, the results of such tests, and the method by which such complaints were resolved. Any other information pertinent to the special test also shall be reported.
C. Special Evaluation Sessions: Grantor may hold special evaluation sessions at any time during the term of a franchise, provided such sessions are held no more often than once every three (3) years. Grantee shall be notified of the place, time and date thereof and the topics to be discussed. Such sessions may be open to the public and if so, shall be advertised in a newspaper of general circulation at least thirty (30) days before each session. The sessions may include an evaluation of any items considered relevant to the cable system, the subscribers and grantor. Either grantor or grantee may propose items for discussion or evaluation. (Ord. 95-011, 7-25-1995)