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A. The following procedure shall be adhered to in the event of subscriber complaints or complaints by city residents:
1. Grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints to the satisfaction of the city manager. The grantee shall furnish a notice of such procedure to each subscriber at the time of initial subscription to the system.
2. Maintain a written or computer record, or "log" listing date and time of customer complaints, and determining the nature of the complaints and when and what action was taken by the grantee in response thereto; such record shall be kept at grantee's local office, reflecting the operations to date for a period of at least three years, and shall be available for inspection during regular business hours without further notice or demand by the city manager.
3. In the event that a complaint is not resolved to the mutual satisfaction of the complainant or the grantee, either complainant or the grantee may request that the matter be presented to the city manager for a hearing and resolution.
4. When there have been similar complaints made or where there exists other evidence which, in the judgment of the city manager casts doubt on the reliability or quality of cable service, or the grantee's ability to meet the technical standards herein adopted, the city manager shall have the right and authority to compel the grantee to test, analyze, and report on the performance of that part of the system involved in the problem. Such test or tests shall be made and the reports of such test or tests shall be delivered to the city no later than fourteen days after the city formally notifies the grantee. Such report shall include the following information:
a. The nature of the complaint which precipitated the special test;
b. What system component was tested;
c. The equipment used and procedures employed in such testing;
d. The names of the individuals performing and witnessing the testing;
e. The date, time, and location of testing;
f. The results of such testing;
g. The method in which such complaints were resolved.
B. Any other information pertinent to the special test shall also be recorded. The resultant report shall be submitted to the city manager and will form the basis of determination. In the event either the subscriber or grantee finds that the determination unsatisfactory, either may appeal the issue to the city council for a final and binding determination. In the event of such appeal, the city council may utilize an independent consultant or engineering firm to test or evaluate the complaint, and the cost of employing the consultant or firm shall be borne by the grantee in accordance with Section 13.12.070C.
(Ord. 85-07-950 § 1 (part))