Evaluation of Grantee's Performance.

15.101. 

Schedule for Evaluation. The Franchising Authority shall evaluate performance of the Grantee for purposes of determining compliance with the Ordinance and Agreement and to provide for consideration of technological changes in the state of the art of cable television and Cable-Based Communications. The Franchising Authority and the Grantee shall hold performance evaluation sessions within ninety (90) days of the third anniversary of the Grantee's award of the Franchise, every two (2) years thereafter on the anniversary date, and at least nine (9) months prior to the expiration of the Franchise, and as required by State and Federal law. Evaluation meetings shall be open to the public. Franchising Authority shall be responsible for notifying the Grantee, in writing, at least sixty (60) days in advance, of each of the specified performance evaluation sessions.

The Franchising Authority may hold special evaluation sessions at any time during the term of the Franchise at the request of the Franchising Authority or the Grantee.

15.102. 

Information Required of Grantee for Evaluation. Upon request by the Franchising Authority during the evaluation of Grantee's performance, Grantee shall cooperate fully with the Franchising Authority and provide such documents, records, schedules, logs, reports, memoranda, ledgers and other pertinent information which the Franchising Authority may request in order that a reasonable review of the Grantee's system operations can be performed. The City may inquire in particular whether the Grantee is supplying at a level and variety of services equivalent to those being generally offered at the time in the industry in comparable market situations.

15.103. 

Topics for Discussion During the Evaluation Process. Topics which may be discussed during the evaluation process or at evaluation sessions shall include, but not be limited to, the following: Service rate structures, free services, discounted services, Franchise Fees, penalties, applications of new technologies, repair and maintenance services, billing procedures, service provided by Customer Service Representatives, system performance, programming offered, programming desired by Subscribers, Subscriber complaints, rights of privacy, above and below-ground extension of cables and equipment, modifications to the Franchise, rulings of the Federal Communications Commission, Federal and State Courts of Law and Grantee or City rules. Franchising Authority shall provide Grantee with a listing of topics for discussion fourteen (14) calendar days prior to the date of a scheduled evaluation session.

15.104. 

Public Notice. Franchise evaluation sessions and meetings shall be conducted in accordance with the Wisconsin Open Meetings Law and shall be in accordance with provisions established in Section 15.08 above.

In addition to the notice provision of Section 15.08 hereof, Grantee shall:

(1) 

Be obligated to notify its Subscribers of all evaluation meetings or sessions on a local origination channel on the system no less than two (2) times between the hours of ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M. for four (4) weeks prior to the week preceding the scheduled evaluation meeting or session, and five (5) times between the hours of five o'clock (5:00) P.M. and ten o'clock (10:00) P.M. for seven (7) consecutive days preceding the meeting or session; or,

(2) 

Grantee may also give notice of scheduled Franchise evaluation meetings or sessions through an insert included with the billing statement or a notice printed on the billing statement.

15.105. 

Franchise Evaluation - Cable System Testing. In the event that the evaluation of the Grantee's performance under the Franchise reveals evidence indicating questions concerning performance of the Cable System, the Franchising Authority may require the Grantee to conduct physical, electrical and electronic tests and assessments to locate the source of system deficiencies and to specify remedies to correct such deficiencies. The Grantee shall fully cooperate with the Franchising Authority in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after such written notice. Such report shall include the following:

A. 

A statement of the problem, complaint or suspected deficiency which prompted the need for testing and assessment;

B. 

The system component or components that were tested;

C. 

Date, place and time where such testing took place;

D. 

Equipment used in the testing and procedures employed to carry out such tests or assessments;

E. 

Methods used to remedy identified problems or deficiencies and the status of resolution of such problems or deficiencies;

F. 

Any additional information regarding said testing or assessment which may be required.

The Franchising Authority may utilize an independent consultant with experience and knowledge of cable television systems engineering, who has no affiliation with the Grantee, to supervise Grantee in conducting tests and assessments of the cable system. The engineer shall sign all records of tests and assessments conducted upon the Cable System, develop a report based on the findings of such tests and assessments and provide the Common Council with a report interpreting the results of the tests and assessments, to include recommendations of actions which would remedy problems or deficiencies uncovered during the course of such testing and assessments. Where said testing determines that problems, deficiencies or violations of the Franchise exist, Franchising Authority shall provide Grantee with notice of said problems, deficiencies or Franchise violations and provide an appropriate time period for the Grantee to cure said problem, deficiency or violation.

The Franchising Authority's rights under this Section shall be limited to requiring tests, assessments and reports concerning subjects and characteristics based on complaints, suspected deficiencies or other evidence, when and under such circumstances as the Franchising Authority has reasonable grounds to believe that such complaints, suspected deficiencies or other evidence require that tests be performed to protect Cable System or any Video Communications System Subscribers against substandard cable service.

15.106. 

Costs Related to Franchise Performance Evaluation. The costs of conducting Franchise Performance Evaluation sessions shall be equally divided between the Franchising Authority and the Grantee, as stated within the Franchise Agreement. Such costs may include, but not be limited to, staff time and resources, reasonable fees for professional cable television consultants, engineering personnel, accountants and legal assistance.

Where testing of the Cable System or any Video Communications System has been conducted by the Grantee and a consultant selected by the Franchising Authority, and it is the opinion of the Franchising Authority that such testing and assessment be conducted a second time, such costs shall be borne by the Franchising Authority. If the results of such repeated tests and assessments indicate that Grantee did not follow proper testing procedures, as prescribed by the FCC or the cable industry, or indicated that faults uncovered by repeated tests and assessments were caused by the Grantee, then the costs of such repeated tests and supervisory consulting shall be borne by the Grantee.

Ord. 6400, amend, 10/6/1998