Administrative performance evaluation session

(a)

The mayor and the grantee shall hold scheduled performance evaluation sessions within thirty (30) days of the third, fifth, tenth and fourteenth anniversary dates of the grantee's award of the franchise or as required by federal and state law, whichever is more frequent. All such evaluation sessions shall be open to the public. The grantee shall be solely responsible for notifying the mayor, in writing, at least sixty (60) days in advance, of each of the specified performance evaluation sessions.

(b)

Special evaluation sessions may be held at any time during the term of the franchise at the request of the mayor, the designee or the grantee.

(c)

All evaluation sessions shall be open to the public and announced by the mayor in a newspaper of general circulation in accordance with the notice requirements of section 7-57. The grantee shall notify subscribers of all evaluation sessions by announcement on at least one (1) of the channels on the cable television system that cablecasts television programs between the hours of 7:00 a.m. and 9:00 p.m. per day for five (5) consecutive days preceding each session.

(d)

Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, privacy amendments to this chapter, judicial and FCC rulings, line extension policies and grantee or city rules.

(e)

During a review and evaluation by the city, the grantee shall fully cooperate with the mayor and shall provide the information and documents as the mayor may need to reasonably perform his review.

(f)

If at any time during his review the mayor determines that reasonable evidence exists of inadequate cable system performance, he may require the grantee to perform tests and analyses directed toward the suspected inadequacies. The grantee shall fully cooperate with the city in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice. The report shall include the following information:

(1)

The nature of the complaint or problem which precipitated the special tests;

(2)

What system component was tested;

(3)

The equipment used and procedures employed in testing;

(4)

The method, if any, in which such complaint or problem was resolved;

(5)

Any other information pertinent to the tests and analyses which may be required;

(6)

The city may require the test to be supervised at the grantee's expense by a professional engineer not on the permanent staff of the grantee; the professional engineer to be approved by the mayor. The engineer shall sign all records of special tests and forward to the city such records with a report interpreting the results of the test and recommending actions to be taken.

(g)

The city's rights under this section shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on the complaints or other evidence when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service.

(Code 1971, § 52-34; Ord. No. 7864-A, § 1(Art. IV, § 4), 1-28-82)