4.20.114.13.1. Franchisee shall construct, install, operate and maintain its system in a manner such that it operates at all times consistent with all laws, ordinances and construction standards of the city and the FCC's rules, which standards are incorporated by reference in the franchise agreement. In addition, a franchisee shall provide the cable administrator, upon five days' advance notice from the franchisee, with the opportunity to observe the conduct of all the franchisee's scheduled proof of performance tests and shall provide the cable administrator with written reports of the results of such tests within fifteen (15) days of the completion of such tests. In addition, the city may at any time conduct independent inspections or measurements of the system (e.g., measurements at subscriber terminals).
4.20.114.13.2. Where the city has reasonable evidence to conclude that franchisee's system is not in technical compliance with all applicable standards, the city may require franchisee to allow the city to conduct the city's own technical testing of the cable system. If franchisee's cable system is not in technical compliance with applicable standards, a franchisee shall pay the costs incurred by the city for any technical assistance deemed necessary by the city for (i) observing franchisee's annual performance tests, or (ii) obtaining independent verification of technical compliance with all standards. (Ord. 205 § 3, 2001)