(A) In the event that the evaluation of the Grantee's performance under the Franchise Agreement reveals evidence indicating performance problems which could constitute a violation of FCC technical standards, the Franchising Authority or an officer of the Village may require the Grantee, upon written notice, to conduct tests and assessments to locate the source of the problem(s) within the Cable System and to specify remedies to correct such problem(s). In accordance with a Franchise Agreement, the Grantee shall fully cooperate with the Franchising Authority in performing testing of the Cable System and shall prepare results and a report, if requested, within sixty (60) days after such notice.
(B) Such report shall include the following:
(1) A statement of the problem, complaint, or suspected deficiency which prompted the need for testing and assessment;
(2) The system component or components that were tested;
(3) Date, place, and time where such testing took place;
(4) Equipment used in the testing and procedures employed to carry out such tests or assessments;
(5) Methods used to remedy identified problems or deficiencies and the status of resolution of such problems or deficiencies;
(6) Any additional information regarding said testing or assessment which may be required;
(C) The Franchising Authority may utilize an independent consultant with experience and knowledge of cable television systems engineering who has no affiliation with the Grantee. To accompany Grantee in conducting tests and assessments of the Cable System. The consultant shall sign all records of tests and assessments conducted upon the Cable System, develop a report based on the findings of such tests and assessments, and provide the Village Board with a report interpreting the results of the tests and assessments to include recommendations of actions which would remedy problems or deficiencies uncovered during the course of such testing and assessments. Where said testing determines that problems, deficiencies, or violations of the Franchise exist, the Franchising Authority or an officer of the Village shall provide Grantee with notice of said problems, deficiencies, or Franchise violations and provide an appropriate time period, which shall not be less than thirty (30) days, for the Grantee to cure said problem, deficiency, or violation.
(D) The Franchising Authority's rights under this Section shall be limited to requiring tests, assessments, and reports concerning subjects and characteristics based on complaints, suspected deficiencies, or other evidence when and under such circumstances as the Franchising Authority has reasonable grounds to believe that such complaints, suspected deficiencies, or other evidence require that tests be performed to protect Cable System Subscribers against substandard Cable Service.
(Ord. 01-2301, passed 12-11-01)