Montague Municipal Code Art. XV Operational Standards—Evaluation Sessions

The cable system shall meet all technical and performance standards contained in the rules of the Federal Communications Commission and within one hundred twenty calendar days following the third, sixth, ninth and twelfth year anniversary dates following the effective date of the ordinance codified in this chapter, the grantee and the city shall conduct evaluation sessions for the purpose of evaluating the grantee's performance in meeting the requirements of such rules and for the purpose of increasing the efficiency and effectiveness of the cable system to meet community needs and consumer demand. (Ord. 93-03 § 16 (part), 1993)

The evaluation sessions may be conducted during public hearings held by the city or by an advisory or other committee appointed by the city council. Any and all requirements of this chapter may be reviewed and performance evaluated. Topics discussed at such sessions may include, but not be limited to: service rate structures, extension of the system, formulae used in system extension, franchise fees, free and discounted services, application of new technologies, system technical performance, maintenance procedures, services provided, plans to upgrade the system, new services or additional transmission capacity, joint ventures, programming offered, subscriber preference polls, privacy, customer complaints and informal dispute settlement procedures, customer service rules, illegal connections, office and field service, community programming facilities and services, public and educational access facilities and programming, municipal and school building connections, interconnection, emergency override, affirmative action, training and employment and enterprise programs, grantee or city rules and regulations; and shall include any topic which the grantee, city or members of the public request to be discussed. (Ord. 93-03 §16 (part), 1993)

Should the state of California or any agency thereof, the United States or any federal agency thereof, or any state or federal court legally allow either the city or the grantee to act in a manner which is inconsistent with any provisions of this chapter, the city shall be authorized to determine whether a material provision of this chapter is effected in relation to the rights of benefits conferred by this chapter. Upon such determination, the city and the grantee shall negotiate in good faith to modify or amend this chapter to such extent as may be necessary to carry out the full intent and purposes of the change in law in relation to the rights and benefits of the grantee, the city or the public. (Ord. 93-03 § 16 (part), 1993)