§ 114.043 VERIFICATION OF COMPLIANCE WITH STANDARDS.

   (A)   Upon ten days prior written notice, grantee shall respond to a request for information made by grantor regarding grantee's compliance with any or all of the standards required in §§ 114.040 - 114.042. Grantee shall provide sufficient documentation to permit grantor to verify grantee's compliance.

   (B)   A repeated and verifiable pattern of non-compliance with the consumer protection standards of §§ 114.040 - 114.042, after grantee's receipt of due notice and not less than a 30 day opportunity to cure, may be deemed a material breach of the franchise agreement.

   (C)   The grantor, pursuant to § 114.040(C), may require grantee to acquire equipment to determine compliance with the telephone answering standards of this subchapter. Should grantee have its own telephone equipment which can report on telephone line(s) usage, the grantee, upon written request from the grantor, shall submit such report from its own system in order to verify compliance with the telephone answering standards of this subchapter.

   (D)   Grantee shall take necessary steps to ensure that adequate telephone lines and/or staffing are available to permit grantee to satisfy its obligations under this chapter and the franchise. Consideration shall be given for periods of promotional activities or outages. The monthly billing period shall be considered as a normal, daily activity for purposes of determining the availability of adequate telephone lines and/or staffing.

(Ord. 1048, passed 1-22-02)