§ 113.101  OPERATIONAL STANDARDS, EVALUATION SESSIONS.
   (A)   The cable system shall meet all technical and performance standards contained in the franchise agreement. If requested by either party not later than the anniversary dates stated below, within 120 calendar days following the fifth and (in the case of a franchise term extending for more than ten years) tenth years' anniversary dates of the effective date of the franchise, the grantee and the city shall conduct evaluation sessions for the purpose of evaluating the grantee's performance in meeting the technical and performance standards as set forth in this chapter and the franchise agreement and for the purpose of evaluating the efficiency and effectiveness of the system to meet community needs and consumer demand.
   (B)   The evaluation sessions shall be conducted during public hearings held by the city. Any and all technical and performance requirements of this chapter and the franchise agreement may be reviewed and performance evaluated, and all sections in this chapter that are subject to revision so long as in accordance with state and federal law, as may be amended from time to time. Topics discussed at such sessions may include, but shall not be limited to, service rate structures, completion of the system, formulae used in system extension, application of new technologies, system technical performance, maintenance procedures, services provided, plans to upgrade the system, new services or additional transmission capacity, broad categories of programming, privacy, customer complaints and informal dispute settlement procedures, customer service rules and penalty schedule, illegal connections, office and field service, community programming facilities and services, public and educational access facilities and programming, municipal and school building connections, interconnection, emergency override, affirmative action training and employment and enterprise programs, grantee or city rules and regulations; and shall include any topic relating to technical and performance requirements of the ordinance and franchise agreement which the grantee, city or members of the public request to be discussed.
   (C)   Should the state or any agency thereof, the United States or any federal agency thereof, or any state or federal court legally allow either the city or the grantee to act in a manner which is inconsistent with any provisions of the ordinance or franchise agreement granted hereunder, the city and the grantee shall each be authorized to determine whether a material provision of the franchise agreement or ordinance is affected in relation to the rights of benefits conferred by the franchise agreement and ordinance.  Upon such determination, the city and the grantee shall negotiate in good faith to modify or amend the ordinance and franchise agreement to such extent as may be necessary to carry out the full intent and purposes of the change in law in relation to the rights and benefits of the grantee, the city of the public.
(Ord. 94-09, passed 9-12-94)