§ 5.36.475. Investigation of complaints.

(1)

When there have been a significant number of complaints made, or where there exists other evidence which, in the judgment of the City, indicates a problem with the reliability or quality of cable service as required under this Title or in the franchise agreement, the City Council shall have the right and authority to require the Cable Operator to evaluate the performance, operation or administration of the cable system including without limitation matters relating to customer service. The Cable Operator shall fully cooperate with the City in performing such evaluation and shall prepare 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 evaluation;

(b)

What system component, operation or service was evaluated;

(c)

The equipment used and procedures employed;

(d)

The method, if any, by which such complaint or problem could be or has been resolved; and

(e)

Any other information pertinent to the evaluation which may be required.

(2)

The City may require that evaluations be supervised, or conducted, at a cost to be paid by the Cable Operator, by an engineer, accountant or other consultant selected by the City and not on the permanent staff of the Cable Operator or the City. The engineer, accountant or other consultant shall sign all records of the evaluation and forward to the City such records with a report interpreting the results of the evaluation and recommending actions to be taken. The City's rights under this section, shall be limited to evaluating specific subjects and characteristics based on complaints, circumstances or other evidence which cause the City to reasonably believe that evaluation is necessary to protect the public against substandard cable service.

(Ord. No. 820, § 1, 3-19-02)