§ 30-50. Administrative performance evaluation session.

(a)

The city manager and the cable communications franchise grantee shall hold scheduled performance evaluation sessions within 30 days of each anniversary date of the grantee's award of the franchise or as required by federal and state law, whichever is more frequent. The city shall be responsible for notifying the grantee in writing, at least 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 city manager, the city commission or the grantee.

(c)

All evaluation sessions shall be open to the public and announced by the city manager.

(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 city manager and shall provide the information and documents the city manager may need to reasonably perform his review. Any confidential or proprietary information shall be available for inspection by the city manager at the offices of the grantee, and shall remain confidential, to the extent not otherwise required by applicable law.

(f)

If at any time during his review the city manager 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 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.

If the city manager determines in his reasonable judgment that any test performed by grantee is deficient or that the issue in question has not been resolved, the city may require a re-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 city manager. 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. The city's rights under this subsection 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 the city has reasonable grounds to believe the complaints or other evidence require that tests be performed to protect the public against substandard cable service.

(Code 1960, § 8A-46; Ord. No. 2287, § 1, 10-27-98)