4.20.128.10   Failure to satisfy telephone system requirement.
   4.20.128.10.1.   If the cable administrator reviews the telephone usage complaints against a franchisee and finds them to reflect a failure to comply with the standards of the ordinance codified in this title, the cable administrator shall direct the franchisee to provide to the city, at the franchisee's cost, a statistically accurate call traffic study which shall identify the franchisee's compliance with the requirements of the ordinance codified in this title and propose remedies to correct any deficiencies in compliance. This study shall be delivered to the city within ninety (90) days following receipt of written notice from the city specifying the need for such study. The study shall be conducted over a period of ninety (90) days so as to determine whether the standards set forth in this section have been satisfied no less than ninety-five percent (95%) of the time, measured on a quarterly basis, under normal operating condition.
   4.20.128.10.2.   Remedy. In the event that the city determines that the franchisee has failed to meet the standards set out in this section based upon such study, the franchisee shall have thirty (30) days from written notification of such noncompliance by the city to cure the same. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, "liquidated damages."
   4.20.128.10.3.   Reservation. The city shall have the right to modify the telephone response requirements in the ordinance codified in this title and the franchise agreement as it reasonably deems appropriate to protect the public interest, after notice to all franchisees. (Ord. 205 § 3, 2001)