The field of cable communications is a relatively new and changing industry which will no doubt see many regulatory, technical, financial, and legal changes during the term of the franchise agreement. Therefore, in order to provide for a maximum degree of flexibility in this franchise, and to help achieve a continued advanced and modern system, the following renegotiation provision shall apply:
(A) The city may require, at its sole discretion, system performance evaluation sessions at any time during the term of this franchise or as required by federal law.
(B) All evaluation sessions shall be open to the public and notice of sessions shall be published in the same way as a legal notice. Grantee shall notify its subscribers of all evaluation sessions by announcement on at least two channels of the system between the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days preceding each session.
(C) Topics to be discussed at any evaluation session may include rate structure, franchise fee, free or discounted services, application of new technologies, system performance, programming content, services, access, customer complaints, judicial and FCC rulings, and amendments to the franchise or any other relevant topic.
(D) The grantee shall fully cooperate with the city and shall provide without cost such information and documents as the city may request to reasonably perform the evaluation.
(E) (1) If the city determines that reasonable evidence exists of inadequate system performance, it may require grantee to perform tests directed toward diagnosis and remedy of such suspected inadequacies at the grantee’s expense. Grantee shall fully cooperate with the city in performing such testing and shall compile the results and prepare a written report, if requested by the city, within 30 days after notice.
(2) The city may require that such tests be supervised by a consultant designated by the city at the grantee’s expense. The consultant shall sign all records of special tests and shall forward to the city such records with a report interpreting the results of the tests and recommending actions to be taken. If the testing reveals the difficulties to be caused by factors which are beyond the grantee’s control, the cost of testing shall be borne by the city.
(Ord. 51, passed 4-12-83)