To provide for technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable system, and to provide on a continuing basis an advanced, modern system, the grantor and the grantee shall comply with the following system and services review provisions:
(a) At the grantor’s sole option, the grantor and grantee shall hold a system and services review session on or about the third anniversary date of the franchise agreement. Subsequent system review sessions shall be scheduled by the grantor each three (3) years thereafter.
(b) Sixty (60) days prior to the scheduled system and services review session, the grantee shall submit a report to the grantor indicating the following:
(1) A survey of cable system services which are being provided on an operational basis, excluding tests and demonstrations, to cities in the United States of similar size and complexity; and
(2) A plan for the provision of such services not provided by the grantee or an explanation indicating why such services are not feasible for the franchise area.
(c) Topics for discussion and review at the system and services review sessions shall include, but shall not be limited to, services provided, the rate structure, the application of new technologies, system performance, programming (including access opportunities), subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, and developments in the law.
(d) Either the grantor or the grantee may select additional topics for discussion at any review session.
(e) Not later than sixty (60) days after the conclusion of each system and services review session, the grantor shall issue findings, including specifically a listing of any cable services not then being provided to the grantor, which are considered technically and economically feasible.
The grantor may request the grantee to provide such services within a reasonable time, under reasonable rates and conditions. Failure to provide such requested services may be considered a breach of the franchise, subject to remedies as provided in this chapter. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 3, Ord. 965, eff. November 3, 1983)