(A) Testing.

(1) Tests and measurements to ensure compliance with technical standards shall be performed in a manner that is consistent with the provisions of 47 C.F.R. 76.609, et seq., and as amended from time to time.

(2)

(a) The government shall have the right and authority to compel the grantee to produce copies of the reports of testing performed to comply with division (A) with respect to the performance of the cable television system of the grantee or to test, analyze and report on the performance of the system. Such test or tests shall be made, and the reports of such test or tests shall be delivered to the government no later than 30 days after the government formally notifies the grantee in writing that such tests or reports are required.
 
(b) The government's right under this provision shall include, but not 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 government has grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service and non?cable service; provided, however, that the government's right under this provision shall be limited to requiring no more than one such test, analysis, or report in any 12-month period.

(c) The tests and analyses shall be supervised by a qualified person, not on the permanent staff of the grantee and selected by the government, with all costs to be borne by the grantee only if the testing indicates that the cable television system is not in compliance with this chapter, the Communications Act and/or FCC rules and/or regulations. The aforesaid person shall sign all records of special tests and forward to the government such records with a report interpreting the results of the tests and recommending actions to be taken by the government.

(C) Evaluation sessions.

(1) The government may hold performance evaluation sessions no more than once annually, after providing written notice to grantee no less than 30 days prior to such evaluation sessions. All such evaluation sessions shall be open to the public.

(2) Special evaluation sessions may be held at any time during the term of the franchise at the request of the government or the grantee subject to the provisions of this division.  In addition, members of the general public may request a special evaluation session by presenting the City Clerk with a petition bearing the valid signatures of 20 or more subscribers of the grantee in the city. If a special evaluation session is requested by petition, the session shall be held during a regularly scheduled meeting of the City Council.

(3) All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with legal notice. The publication expense shall be borne by the party requesting the session or divided equally if the session is held by mutual agreement.

(4) Topics which may be discussed at any scheduled or special evaluation session may include, but are not limited to: application of new technologies; system performance; customer complaints; privacy; amendments to this chapter and judicial and FCC rulings.

(5) Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such a petition bears the valid signatures of 20 or more subscribers of the grantee in the city, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session.
(Ord. 940.7A, passed - - )

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