§ 25.27. Tests and Performance Monitoring.

A.

In the event the City receives a significant number of Subscriber complaints of poor reception, the City may follow the procedure set forth in Section 25.9 or the City may request the FCC to investigate the technical performance of the System. In the event the problem is not adequately resolved by the performance evaluation session or the FCC, then the City may order technical performance tests to be conducted by the Grantee upon the portion of the System in question to demonstrate full compliance with the Technical Standards of the Federal Communications Commission. Such tests shall be performed by, or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the City, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests.

B.

At any time after commencement of service to Subscribers, for cause shown, the City may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific Subscriber's terminal, at the Grantee's expense to the extent such tests may be performed by the Grantee's employees utilizing its existing facilities and equipment. The City will endeavor to arrange its request for such special tests so as to minimize hardship or inconvenience to Grantee or to the Subscriber.

C.

A copy of the annual performance tests report required by the Federal Communications Commission shall be submitted to the City within thirty (30) days of its completion.

D.

The City shall have the right to employ qualified consultants if necessary or desirable to assist in the administration of this, or any other, section of this ordinance at its own expense.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)