13.12.150   Performance evaluation sessions.
   A.   The city and grantee shall schedule performance analysis, evaluation, and review sessions within thirty days of the fifth and tenth anniversary dates of the award of any franchise granted hereunder. Additional special evaluations may be scheduled at any other time during the franchise term at either the request of the city or the grantee. Within fifteen days prior to such sessions or evaluation, grantee shall submit to city a report containing the information set forth in subsections B and D of this section.
   B.   Topics which shall be reviewed and discussed include, but are not limited to, franchise fees and payment schedules, penalties, free or discounted services, application of new or emerging technologies, system performance, services provided, customer complaints and grantee complaint resolution procedures, subscriber privacy, amendments to the franchise, judicial and FCC rulings, line extension policies and franchisee or city rules and regulations.
   C.   During the 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 need to reasonably perform the review.
   In accordance with the provisions of Section 13.12.070 the city may elect to utilize the services of an independent cable television consultant to conduct the review process, and the grantee shall bear all reasonable, mutually agreeable costs associated therewith.
   D.   During the fifth and tenth year of the franchise, the city and the grantee shall discuss the feasibility of increasing the channel capacity of the cable system and the services offered to subscribers to a level comparable with other cable systems operating in communities with similar characteristics (e.g., homes passed, customer penetration levels, demographics, noncable competition for the same services, off-air signals available, etc.) within a reasonable period of time, if justified by such factors as demand, cost, impact on existing subscriber rates, and the availability of sufficient programming and other services.
(Ord. 85-07-950 § 1 (part))