The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this chapter. Therefore, in order to provide for a maximum degree of flexibility in the chapter and to help achieve a continued advanced and modern cable system, the following evaluation provisions will apply:
(A) The City may require, at its sole discretion, sessions evaluating a cable operator's performance under the terms of its franchise at any time during the term of a franchise period provided, however, there shall not be more than one evaluation session during any five calendar year period, not to begin until three years after the entering into of a franchise agreement.
(B) Topics which may be discussed at any evaluation and renegotiation session include, but are not limited to state of the art, regulated rates, channel capacity, the cable system performance, access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the City or franchise operator deem relevant.
(C) During an evaluation session, franchise operator shall fully cooperate with the City and shall provide the reports required herein to enable the City to perform the evaluation without cost to City. To the extent such information or documents contain confidential information, such confidential information may not be disclosed.
(D) If at any time during its evaluation the City determines that reasonable evidence exists of system performance which fails to meet the requirements of this chapter, the City may require franchise operator to perform tests and analysis directed toward such suspected inadequacies. Franchise operator shall fully cooperate with the City in performing such testing and, in any report prepared, the franchise operator shall include at least:
(1) A description of the problem in the cable system performance which precipitated the special tests.
(2) The cable system component tested.
(3) The method, if any, by which the cable system performance problem was resolved.
(4) Any other information pertinent to said tests and analysis which may be required by the City or determined when the test is performed. If, after receiving franchise operator's report, the City determines that reasonable evidence still exists of inadequate cable performance, the City may enlist an independent engineer to perform tests and analysis directed toward such suspected failures to meet the requirements of this franchise. Franchise operator shall cooperate and permit said testing.
(5) If it is determined as a result of the tests that franchise operator is not in compliance with the requirements of the franchise, the franchise operator shall bear the costs of the test. If it is determined that the franchise operator is in compliance, the City shall bear the costs.
(E) As a result of an evaluation and re-negotiating session, the City and franchise operator may determine that a change in the terms of the chapter should be required to meet the needs of the community as determined by the Council, that the cable system or chapter requirements should be updated, changed, revised, or that additional services should be provided and that to provide same would be economically feasible. Based on this review, and upon adoption of such a change or new requirement through a mutually acceptable amendment, the change will become effective.
(Ord. 13-08, passed 6-3-13)
