36.04A.230 Performance evaluation sessions.

(a)    The county may hold regular performance evaluation sessions annually on the anniversary dates of the effective date of a franchise granted pursuant to this chapter. All such evaluation sessions shall be conducted by the commission, which shall forward its evaluation report and recommendations to board.

(b)    Special evaluation sessions may be held at any time by the commission during the term of any franchise.

(c)    All regular evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the franchise area.

(d)    Evaluation sessions shall deal with the grantee’s performance of the terms and conditions of the franchise and compliance with state and federal laws and regulations.

(e)    As part of the annual performance evaluation session, the grantee shall submit to the commission a plant survey report, or map, acceptable to the commission which includes a description of the portions of the franchise area that are cabled and have all cable services available, including those areas where the system has been upgraded pursuant to a franchise agreement. Such report shall also include such additional information as may be required by a franchise agreement. If the commissions has reason to believe that a portion or all of the cable system does not meet the applicable FCC technical standards, the county, at its expense, retains the right to appoint a qualified independent engineer to evaluate and verify the technical performance of the cable system.

(f)    During evaluations under this section, grantees shall fully cooperate with the commission and shall provide such information and documents as necessary and reasonable for the commission to perform the evaluation. (Sec. 2 of Ord. 1998-12-21)