§ 117.38  TEST AND COMPLIANCE PROCEDURE.
   (A)   Tests for a system shall be performed periodically in a manner so as to conform with FCC specifications.  The town shall notify the grantee of its desire to witness such tests for a period of 90 days beyond the date of request.  Grantee shall notify the town at least three business days prior to conducting such tests.  Representatives of the town may witness the tests and written test reports shall be made available to the town upon request.  If any test locations fail to meet such specifications, the grantee shall be required to indicate what corrective measures have been or will be taken.  Grantee shall have the site retested on a timely basis as needed.
   (B)   Complaints.  Whenever there have been similar complaints made or when there exists other evidence, which, in the reasonable judgment of the town, casts doubt on the reliability or quality of the grantee’s system, the town shall have the right and authority to compel the grantee to test, analyze, and report on the performance of its system.  The town may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal.  Reports on such tests shall be delivered to the town no later than 30 days after the town formally requests the tests and shall include the following information:  the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used, and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved.  Said tests and analyses shall be supervised by an engineer or other trained technical specialist who shall sign all records of the special tests and forward same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the town.  All such tests conducted by grantee shall be at the expense of the grantee.
   (C)   Consultants.  The town shall have the right to employ or contract with qualified consultants and attorneys if necessary or desirable, to assist in the administration of this or any other section of this chapter or the franchise agreement.  If an independent qualified consultant makes a finding that grantee’s test results differ (negatively) by more than 10% from the FCC technical standard, the grantee shall reimburse the town for its reasonable costs associated with the testing.
(Ord. 1497, passed 2-22-06)