27.250 Performance Evaluation Sessions.

(1) Request for and Notice of Sessions. At any time during the term of a franchise, the City or the franchisee may request that a public performance evaluation session be held. Following such request, a time and date shall be set for the session. Notice of the session shall be published in the local newspaper as a Class 3 legal notice. The franchisee shall also notify its subscribers of any such performance evaluation session by announcement on at least two channels of its system between the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days preceding the scheduled session.

(2) Subject Matter. The subject matter which may be discussed at any scheduled or special evaluation session may include, but not be limited to, the following: service rate structures; franchise fee; penalties; free or discounted services; application of new technologies; system performance; services provided; programming offered; customer complaints; privacy; amendments to this chapter; judicial and FCC rulings; line extension policies; and any franchisee or City rules. Members of the general public may add topics by working through the franchisee or the Cable Television Commission.

(3) Franchisee Cooperation. During a review and evaluation by the Cable Television Commission on any issue, a franchisee shall fully cooperate with the City and shall provide such information and documents as the City may request to reasonably perform the review. If, at any time during its review, the City determines that reasonable evidence exists of inadequate cable television system performance, it may require a franchisee to perform tests and analyses directed toward such suspected inadequacies at the franchisee’s own expense. The franchisee shall fully cooperate with the City in performing such testing and shall prepare the results and a report, if requested, within 30 days after notice. Such report shall include the following information:

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

(b) What system component was tested;

(c) The equipment used and the procedures employed in testing;

(d) The method, if any, in which such complaint or problem was resolved; and

(e) Any other information pertinent to said tests and analyses which may be required.

The City may require that the tests be supervised, at a franchisee’s expense, by a professional engineer not on the permanent staff of the franchisee, or other qualified person. Such person shall sign all reports of special tests and forward to the Cable Television Commission such records with a report interpreting the results of the tests and recommending any action to be taken.

[Prior code § 27.25]