4.20.121.2.1. If franchisee's tests as required by this section indicate that franchisee's system is in compliance with the FCC's technical standards, but the cable administrator subsequently receives five or more complaints which in the cable administrator's judgment are substantially similar to those complaints reported prior to the franchisee's testing concerning compliance of the franchisee's cable system with such technical standards, then the cable administrator may require that the tests and analyses specified in this section be repeated under the supervision of a qualified engineer selected by the cable administrator who is not an employee or affiliate of the franchisee.
4.20.121.2.2. If such tests demonstrate the existence of technical compliance problems which are substantially and materially related to such complaints, then such tests shall be paid for by the franchisee within twenty (20) days after the cable administrator submits the engineer's invoice, including without limitation the costs of the engineer's travel, lodging, professional fees and the like provided, however, that such costs shall not exceed seven thousand five hundred dollars ($7,500.00) per instance.
4.20.121.2.3. If such tests do not demonstrate the existence of technical compliance problems, then such tests and expenses shall be paid for by the city. The aforesaid engineer shall sign all records of the special tests and forward to the cable administrator such records with a report interpreting the results of the tests and recommending actions to be taken by the franchisee and the city. (Ord. 205 § 3, 2001)